HomeMy WebLinkAbout30958 / 80-34_ `�
A D D E N D U M
September 18, 1980 # 34 RESOLUTION
RESOLUTION RELATING TO WAIVER OF SECTION 66.521(11)(b)1. IN CON�ECTION
WITH AN INDUSTRIAI, DEVELOPMENT REVENUE BOND FINANCING ON BEHALF OF
UNIVERSAL FOUNDRY COMPANY.
..-. . . . --- �*�
_ .__�.�._ __ _._ _ ,. _
._._.,.;'s_"^ �!`/- �(�C�L¢lCQ�t�
- 34 -
rcg09128�
CITY COONCIL
OF THE
CI'PY OF OSHKOSH, WISCONSIN
Resolution No.
RESOLOTION RELATING TO 6dAIVER OF SECTION 66.521(11)(b)1.
IN CONNECTION WITH AN I�DUSTRIAL DEVELOPMENT REVENUE
BOND EINAi�1CING ON BEHALF OF
UNIVERSAL FOUNDP.Y COMYANY
WHEREAS, this body has adopted a resolution entitled
"Initial Resolution Relating to Industrial Development Revenue
Bond Financing On Behalf Of Universal Foundry Company" (the
"Initial Resolutio�"); a�d
WHEftEAS, the Initial Resolution provides that upon
certain conditions the City oF Oshkosh, Wisconsin (the "Munici-
pality") shall issue industrial development revenue bonds pur-
suant to Section 66.521, Wisconsin Statutes, as amended (the
"Act") to finance a project in the Municipality to be undertaken
by Universal Foundry Company, a Wisconsin corpotation (the
"Eligible Participant"); and
WHEREAS, the Eligible Participant has represented that
the intended use of the project is for the purpose of controlling
dust and particulate emission and controlling and preventing
water pollution and thar the project would consist of a dust
Co1leCtion system, namely, a ventillation system, hoods, duct-
work, baghouse, structural support and mezzanines, and solid
waste box; fugitive dust control items, namely, shakeouts,
casting, cooling and handling system, and sand cooler; cooling
tower; and a�vater collection system for transformers (the
"Project"); and
WHEREAS, Section (11)(b)1. of. lhe Act contains pro-
visions requirin�; competitive bidding for certain construction
contracts and prohibiting discrimination with reKard to the
consttuction and operation of projects financed under the Act;
and
!
WHERF.AS, Section (11)(b)2. of the Act empowers Che
governing body vf a municipality to waive the requirements of
Section (11)(b)1. with respect to a particular project;
NOW, 'CHEKEFORF., BE IT RF.SOLVEU:
1. It is the Einding and detetmination of this body
Chat the Municipality wi�1 not cootrol the design, costs, con-
struction or operation of the Project; that no public moneys wi11
be expended Eor the Project; that the Municipality will have no
beneficial ownership in the Project; that the primary reason for
requiring competitive biddinK for construction of municipal
projects is to protect the taxpayers against excessive expen-
diCures of public funds and that such reason, although sound ag
applied to p�blic works, is not applicable to the Project
in which no general funds or tax revenues of the Municipality
will be used or put at risk; that it would be more efficient and
expedient for the accomplishment of the public purposes of the
revenue bond issue if the Eligible Participant were to have
complete control ovec the letting of contracts for construction
for the Project; and that while an anti-discrimination policy
such as that expressed in Section (11)(b)1. of the Act is sup-
ported by this body, public policies of that sort applied in the
co�text oE a bond financing are more appropriately effectuated by
contract with the ELigible Participant. Thecefore, the Munici-
pality does hereby waive the provisions of Section (11)(b)1. of
the Act with cegard to the Project; provided, however, that the
revenue aKceement [o be entered into betwee❑ the Elig,ible Par-
ticipant and the M�nicipality shall contain anti-discr.imination
clauses satisfactory to the Municipality.
2. The C1erk shall cause the foregoing resolution to
be published together with the puhlic notice required by the
Initial Resolution.
-2-
CERTIFICATIONS BY CLERK
I, Converse C. Marks, being first duly sworn, do heceby
depose and certify that I am Lhe duly �ppointed, qualiEied and
acting Clerk of the City of Oshkosh, in the County of Winnebago,
State oE Wisconsin, and as such I have in my possession, or have
access to, Che complete corporate records of said City and of its
City Council; that I have careEully compared the transcript
hereto attached with the aEoresaid corporate records; that said
transcript hereto attached is a true, coccect and complete copy
of a11 the corporate records in relation to the adoption oE
ResoluLion No. entitled:
INITIAL RESOLUTION
RELATING TO
INDUSTRIAL DEVELOPM�NT RGVGNU� BOND FINANCING
ON BEHALF OF
UNIV�RSAL FOUNDRY COMPANY
I do hereby further depose and certify as follows:
i. Said resolution was considered for adoption
by the City Council at a meeting held in the City Hall at
7:00 P.M. on September 18, 1980. Said meeting was a regular
meeting of the City Council and was held in open session in
compliance with Subchapter IV of Chapter 19 of the Wisconsin
Statutes.
2. Said resolution was on the agenda for said meeting
and public notice thereoE was given not less than 24 hours prior
to che commencement of said meeting in compliance with Section
19.84 of the Wisconsin Statutes, including, without Limitation,
by posting on the buLLetin board in the City Hal1, by notice ta
those news media who have filed a written request for notice of
meetings and by notice to the official newspaper of the City.
3. Said meeting was called to order by
Council President, who chaired the meeting. Upon
and recorded that the followinK council members
Don Kutchera,
roll I noted
were present:
and t6at the following council members were absent:
L noted and recorded that a quorum was present. Vacious matters
and business were taken up during the course of the meeting with-
out intervention of any closed session. One of Che matters taken
up was said resolution which was intcoduced and its adoption was
-i-
moved by Council Member , and seconded by Council
iMember Following discussion and after all council
members who desired Co do so had expressed their views for or
against said resolu�ion, the question was called and upon ro11
being called and the continued presence of a quorum being noted,
the cecorded vote was as follows:
Ayv:
Nay:
Abstain:
Whereupon the Mayor declared said resolution adopted, and I so
recorded it.
4. I have caused the "Notice to Electors" to be
published in the form and place speciEied in said resolution; and
I have Eiled evidence of publication (including a copy of the
notice as published) indicating the date of publication of said
notice together with a copy of said resolution with the Secretary
of the Department of Busioess Development of the State of Wis-
consin oc its successor within 10 days following the publication
of said notice.
IN WI'fNESS WHEREOF, I have signed my name and affixed
the seal of the City hereto on this day of ,
1980. ---- ----
[Municipal Seal]
er
STATE OF WISCONSIN )
) SS
COUNTY OF WINNEBAGO )
Subscribed and sworn to before me this day, the
date last above written.
Notary Pu�Iic
My commission expires:
[Notarial Seal]
-ii-
�
n,
�
�
0
s.
�
7 �
.� s,
ro zy
3 �
�
°w°
��
a as
+i U]
+� ia
� >
N Ti
La C.'
�
�
O 4-i 60
ri O f..'
i� �-I
� 4a U
rl ri S".
O al ai
m ,� �
N N rl
fZ A W
1�
a
0
b
d
O
E
�
O
,-i
N
O
�
ti
W
�
�
¢
b
a�
,-�
fi
C�
�
U
0
m
rn
�
�
�
�
a�
�
N
N
a
N
�
Y
x $c�
� �
�
U
a
+�
�
U