HomeMy WebLinkAbout29389 / 78-26CITY OF OSHKOSH, trTZSCONSIN
INITIAL RESOLUTION REGt1RDING
HOSPITAL FACILITY REVENUE BONDS
(MERCY MEDICAL CENTER OF OSHKOSH, INC. PROJECT)
WHEREAS, the City of Oshkosh, Wisconsin (the "City") is authoriLed
by Section 66.521, Wisconsin Statutes, as amended (the "Act") to cans�ruct,
equip, reequip, acquire by gift, lease or purchase, install, reconstruct,
rebuild, rehabilitate, improve, supplement, replace, maintain, repair,
enlarge, extend or remodel projects including, but not limited to,
hospital facilities and facilities to provide service activities in
conjunction therewith, and to enter into revenue agreements for the same
in order to promote the right to gainful employment, business opportunities
and general welfare of its inhabitants and to borrow money and issue
bonds to finance costs related to such projects, which bonds are to be
payable solely out of the revenues derived pursuant to the revenue
agreement pertaining to the project to be financed by the bonds so
issued or, in the event of default of such agreement as may be authorized
by this Council and by law, and which bonds may be secured by a mortgage
and/or security interest in the project or other security; and
WHEREAS, Mercy Medical Center of Oshkosh, InG. (the "Hospital")} a
Wisconsin nonstock nonprofit corporation, has represented to the Gity
that it wishes to remodel, to equip and to construct and equip an addition
to its hospital facilitq in the Cifiy and to make related improvements
(the "Project") for an estimated cost not to exceed $_17;,OOO,Ci�,Oand
that it has had negotiations with the City as to the feasibility of
financing costs of the Project through the issuance by the City of its
hospital facility revenue bonds pursuant to the Act.
NOW, THEREFORE, BE IT RESOLVED BY THIS COAg10N COUNCIL OF THE CITY
OF OSHKOSH, WISCONSIN THAT:
(1) In view of the considerable benefits to be derived from the
Project and to induce the Hospital to undertake the Project, the City
shall work toward tlze consummation of a Bond Purchase Agreement pursuant
to which the City sha11:
(a) issue, sell and deliver to purchasers procured by the
Hospital hospital facility revenue bonds in the aggregate amount of
not to exceed $17,000.00Otthe "Bonds") in order to finance costs
related to the Project, which Bonds shall be payable soZely from
the revenues derived from a revenue agreement with the Hospital;
(b) enter into a loan agreement or other appropriate revenue
agreement with the Hospital providing revenues sufficient to pa�
principal of, redemption premiun, if any, and interest on, the
Bonds when due, and providing for the consummation of the Project
by the Hospital; and
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(c) assign the revenue agreement and pledge the revenues and
other amounts therefrom to the bondholders or to a trustee under an
indenture of trust and/or enter into other appropriate arrangements
which may be deemed necessary, including but not limited to the
granting of a mortgage and/or security interest in part or all of
the Project and other real and personal property owned by the
Hospital, in order to further secure payment of principal o£,
redemption premium, if any, and interest on, the Bonds.
(2) THE BONDS ISSUEB TO FIN_ANCE THE PROJECT SHALL NEVER CONSTITUTE
AN INDEBTEDNESS OF THE CITY WITAIN THE MEANING OF ANY STATE CONSTITUTTONAL
PROVISION OR STAT[TTORY LIMITATION AI�iD SF•ALL N�T CONSTITUTE OR GIVE RISE
TO A PECINIARY LIABILITY OF THE CITY OR A CHARGE AGAINST ITS GENERAL
CREDIT OR TAXING POWERS.
(3) All expenses incurred by the City in connection with the
transactions herein contemplated shall be paid by the Hospital from the
proceeds of the Bonds, or, otherwise, and shall not be tlie responsibility
of the City.
(4) The appropriate officers of the City are hereb}� authorized
negotiate the terms of the Bond purchase Agreenent, loan agreement or
other revenue agreement, any instruments of conveyance, indenture of
trust, mortgage, if any, and any other documents required to properly
complete the financing provided that all such terms, documents and
procedures shall be subject to the conditions of this Resolution and
provisions of the Act and shall not be binding unless and until:
to
the
(a� The details of the Bond Purchase Agreement and all
documents pertinent thereto are revie�oed, authorized and approved
by definitive resolution of this Council;
(b) The electors of the City shall have been given the
opportunity to petition for a referendum on the natter of the
aforesaid bond issue as required by the Act;
(c) Either no such petition shall be timely filed or such
petition shall have been so filed and said referendum shall have
approved the bond issue; and
(d) All documents required in connection with the financing
shall have been duly executed by the parties thereto and delivered
to the extent required.
(S) The City Clerk is hereby directed to publish notice of adoption
of this Resolution as a class 1 notice, under Chapter 985, Wisconsin
Statutes (relating to publication of official notices) in the official
newspaper of the City in substantially the fom attached to this Resolution.
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(6) The City Clerk is hereby directed to file with the Secretary
of Business Development of the State of Wisconsin a copy of this Resolution
together with a copy of the public notice of its adoption within ten
(10) days following publication of such notice.
ADOPTED , 1978
City Clerk
APPROVED , I978
City Manager
. . •. . *�'
NOTTCE TO ELECTORS OF
THE CITY OF OSAKOSH,
WINNEBAGO COUNTY, WISCONSIN
TAKE NOTICE that the Common Council of the City of Oshkosh, Winnebago
County, Wisconsin, at a lawful meeting held on the 16th day of March,
1978, adopted a resolution, pursuant to Section 66.521 of the Wisconsin
Statutes, as amended, setting forth the intent of the City to issue
hospital facility revenue bonds in an amount not to exceed $17,00O,O�JO.
for the purpose of financing costs related to the remodeling and equipping
of, and the construction and equipping of an addition to, the hospital
facilities of Mercy Medical Center of Oshkosh, Inc.
THE BONDS SHALL NOT CONSTITUTE AI3 INDEBTEDNESS OF THE CITY OF
OSHKOSH WITHIN THE MEANING OF ANY STATE CONSTITUTIONAL PROVISION OR
STATUTORY LIMITATION, AND SHALL NOT CO:iSTSTUTE OR GIVE RISE TO A PECUI4IAR.Y
LIABILITY OF THE CIfiY OR A CHARGE AGAINST ITS GENERAL CREDIT OR TAXING
POWERS. THE BONDS SHALL BE PAYABLE SOLELY FRO�I THE REVENUES AND OTHER
AMOUNTS DERIVED OR RESULTIIv�G FROM A REVENUE AGREIIKENT BETWEEN THE CITY
AND riERCY MEDICAL CENTER WITH RESPECT TO THE PROJECT, OR IN THE EVENT OF
DEFAULT OF SUCH AG:tEEriENT, AS OTHERWISE AUTHORIZED BY THE CITY AND
PERMITTED BY LA1�1.
The resolution may be inspected by any elector of the City at the
Office of the City Clerk, Oshkosh, Wisconsin, during business hours
during the thirty (30) days next following publication of this Notice.
The Bonds will be issued without submitting the proposition to the
electors of the City for approval unless within thirty (30) days from
the date of publication of this Notice, a petition, signed by not less
than S% of the registered electors of the City is filed with the City
Clerk requesting a referendum upon the question of �he issuance of the
Bonds. If such a petition is filed, the Bonds shall not be issued until
approved by a majority of the electors of the City voting thereon at a
general or special election.
Dated:
City Clerk
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