HomeMy WebLinkAbout28779 / 77-02�
i•iarch �.2, 1977 # 2 RFSOLUTION
PURPOSE: TO PROVIDE DETAILS, TO DETERMINE RATES OF INTEREST,
ETC. IN CONNECTION WITH THE REFU`:nING BONDS, SERIES
1977 OF THE CITY OF OSHKOSH.
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determining the r�tes of interest and levying
taxes in connection with $2a,540,000. Refunding
Bor�ds, Series 1977, of the Citv o� Oshkosh.
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RESOLUTION #2
The City Council of the City of Oshkosh, Winnebago County,
Adjourned Regular,
t�iisconsin, me� in ���� open, public session at its regular
rr�eting place on April 12, 1977, at 7:00 o'clock P.M., with the
iollowing members present:
Council Members : Chaney, Wayne C. ; Kutchera, Don H. ;
Propp , Kathleen M. ; Tei chmi ller , Berni ce ;
Schiefelbein, Ken R.
and the fclloi,�ing memt�ers absent :
Council Members: Moser, Robert H.; Singstock, George N.
� � �
(Other business)
The folloTlaing resolution was introduced by A�ouncil
Member and read in full:
��`�>`���'"
_� _ ,.
RESOLUTION providing details,confirming the
sale, determining the rates of interest arid
levying taxes in connection with $24,540,000
Refunding Bonds, Series 1977, of the City of
Oshkosh.
WHEREAS by initial resolution duly adopted on March 17,
1977 there have been authorized ta be issued bonds in the principal
amount of not exceeding $25,635,000 of the City of Oshkosh for
the �urpose of refunding the following outstanding general
obligation bonds of said city (the "Outstanding Bonds"):
; and
$690,000 Corporate Purpose Bonds, Series
1959, dated July 1, 1959;
$1,080,000 Corporate Purpose Bonds, Series
1961, dated July 1, 1g61;
$750,000 Corparate Purpose Bonds, Series
1963, dated March 1, 1963;
$160,000 Corporate Purpose Bonds, Series
1964, dated September 1, 1964;
$1,200,000 Corporate Purpose Bonds, Series
1965, dated March 1, 1g65;
$2,200,000 Corporate Purpose Bonds, Series
1967, dated March 1, 1g67;
$2,100,000 Corporate Purpose Bonds, Series
1968, dated May 1, 1g68; ,
$1,475,000 Corporate Purpose Bonds, Series
1970, dated February l, lg7o;
$5,100,000 High School Bonds, Series
1970, dated August 1, 1970;
�1,550,000 Corporate Purpose Bonds, Series
1971, dated July 1, 1971;
$2,100,000 Corporate Purpose Bonds, Series
i972, dated September 1, 1972;
$3,300,000 Corporate Purpose Bonds, Series
�97�, dated May l, i97�;
$1,450,000 Corporate Purpose Bonds, Series
1975, dated May 1, 1975;
$1,650,000 Corporate Purpose Bonds, Series
1976, dated April l, 1976;
$830,000 Corporate Purpose Bonds, Series
1976-A, dated Ocf.ober l, 1976.
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WHEREAS by proceedings duly taken in the manner, time and
form required by law, the advertisement for sale of $24,540,000
Refunding Bonds, Series 1g77, of the City of Oshkosh, Wisconsin,
has been heretofore authorized; and
WHEREAS pursuant to advertised notice of sale, the following
sealed bids for said bonds were received at the Council Chambers in
tne City Hall in said city at 11:00 o'clock A.M., C.S.T. on April 12,
1977:
Name of Bidder
Net Interest Cost
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A
BID TABULATION
$2 6,885,000
CITY-OF OSHKOSH
WINNE�AGO COUNTY, WISCONSIN
$2�+, 540, o00
REFUNDING BONDS, SERIES 1977
$2, 3�+5,000
CORPORATE PURPOSE BONDS,.SERIES 1y77
SALE: Z`uesday, April 12, 1977
@ 11:00 A.Pd, CST
Ati�IARD:
1`uAt� OF BIDDER
THE NORTHERN TRUST COMPANY
NET
INTEREST
PREi�LIUM COUPONS COST
$2,787.00 1978 4.00% $8,323,173.00
1979 6.00%
1980 5.75%
1981 4.00% -
1982 4.OU%
1983 4.1U%
1984 4.20%
1985 4.30%
1986 4.40%
1987 4.50%
1988 4.60%
1989 4.70%
1990-1994 4.75%
NET
INTEREST
RATE
4.50668%
ROBERT W. BAIRD & CO. INCORPORATED. 777 EAST I�JISCONSI(V AVENUE. POST OFFICE BOX 672. MILVVAUKEE. WI 53201
MEMBER NcW YORK. A!IDWEST. AMERICAN STOCK EXCHANGES
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Ci-�y of Oshkosh, Winnebago County, Wisconsin
26 885,000 Refunding and Cor orate Purpose Bonds BIDS PAGE 2
NAME OF BIDDER
FIRST WISCONSIN NATIONAL BANK
OF MILWAUKEE
THE FIRST NATIONAL BANK OF
CHICAGO =
CITIBANK, N.A.
PRE��IIUI�I C OUPONS
$131.50 1978 3,7�%
1979 5.75%
1980 4. €3G%
. 1981 3.f3�%
1982 4.OU5�
1983 4.10%
1984 4.25%
1985-1986 4.�0%
1987 4.5Q�
1988 4.6C)1
1989 4.75q
7 990 4. £�0%
19�1-1994 5.G0%
$680.00 1978 3�80%
1979 5.75%
1980 5.25%
1981 3.8U�o
1982 4.00�
1983 4.10%
1984 4.25%
1985 4.40%
1986-1987 4.50%
1988 4:70%
1989 4.75%
1990 4.90%
1991=1994 5.00%
$2,635.00 1978 4.00%
1979 6.00q
1980 4.90%
1981-1982 4.00%
1983 4.10%
1984 4.30%
1985 4.40%
1986 4.50%
1987 4.60%
1988 4.70%
1989 4.80%
1990 4.90%
1991-1992 5.00%
1993-1994 4.00%
NET
INTEREST
COST
$8,335,316.00
�
�8,410,492.48
$8,430,000.00
1VET
INTEREST
RATE
4.513261%
4.553966%
4.5656%
.,�.� � � � �
and
WHEREAS the bid of The Northern Trust Company
and associates, at a price of par plus accrued interest to date of
adjusted premium
delivery and �cx���c�c�� of � 2,540.28 was the best bicz submitted
which bid is as follows:
, and
1978
1979
1980
1981-1982
1983
1984
1985
198b
1987
1988
1989
1990-1994
4.00%
6.00%
5.75%
4.00�
4.101
4. 20°6
4. 30%
4.40%
4.50%
4. 60°6
4.70%
4.75%
WHEREAS the refur:a�ng oi the Outstanding Bonds will
reduce debt service costs, cor.soiidate debt and effect bookkeeping,
adminis�rative and other economies for the City of Oshkosh; and
WHEREAS the issuance of refunding bonds and the investment
of the proceeds thereof in direc� obligations of the United States
of America, and the deposit of such governmental obligations in
trust i�1i11 result in the rece�pt of sufficient money as interest
and the liquidation of principal from such governm.ental obligations
to pay all principal of ar�d �ntGrest on the Outstanding Bonds of
each issue as such principal �nd interest fa.i1. due thereon �o the
;r?aturity of such bonds; ar_d
_�_
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WHEREAS it is necessary that action be taken at this time to
provide the details of said bonds, to confirm the sale of said bonds,
and to levy taxes to pay interest and principal of said bonds at
ma�urity; and
Y�HEREAS the notice of' sale of said bonds provides Lhat of
the total amount of bonds advertised for sale, bonds maturing in the
year 1994 in the principal amount of not exceeding $75,000 may, at
the option of the city, be ti�rithheld from delivery and cance�led, and
in such event, any premium bid for the bonds shall be reduced by the
same ratio as the amount of withheld and cancelled bonds bears to
�24,540,000; and
WHEREAS it has been determined by this City Council to be
in the best interests of the City of Oshkosh that of the total amounL
of bonds so authorized and advertised for sale, bonds maturing in the
year 1g94 in the principal amount of $35,000 and numbered 4902
to 4go8, inclu��ive, shall be withheld from delivery to the winnin�
bidder and shall be cancelled:
NOUJ, THEREFORE, Be It Resolved by the City Council of
the City of Oshkosh, ulisconsin, as follows:
Section l. The bonds authorized by the initial resolution
adopted by this City Council and referred to in the preamble hereto
(the "bonds") sriall be sold and issued in �he principal amount of
�2�1,5�0,000, shall be desigrated "Refunding Bonds, Series 1977,"
shall be dated April l, 1977, shall be in the denomination of $5,000
each, shall be numbered 1 to 4go8, inclusive, and shall mature
serially on April 1 in each of tY?e years 1978 to 199�, inclusive,
as follows:
Year
1978
1979
1980
19 81
1g82
1983
1984
1985
1986
Amount
$2,075,000
2,200,000
2,025,000
2,200,000
2,025,000
2,215,G00
2,100,000
2,200,000
1,950,000
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Year
1987
1g88
1g89
1990
1991
1992
�993
1994
Amount
$1,800,000
l,000,000
775,000
825,oao
400,OOU
225,OQ0
250,0�0
275,000
`:� ,,; � .
S�ction 2. The sal.e of $ 24,505,000 (of $24,540,000)
Re�'undin� Bonds, Series 1977, dated April 1, 1977 and numbered
� �0 4901 , inclusive, of the City of Oshkosh to The
Northern Trust Company , Chicago , Illinois ,
and associates, at a price of par and accrued interest to the date
oi delivery thereof and a premium (reduced as hereinabove in the
preamble of this resolution referred io ) o f $2,540.28
he?"�by confirmed, same being the best bid submitted.
of �he bonds in the principal amount of $ 35,000
, is
The remainder
and numbered
4902 to 4908, inclusive, shall be withheld from delivery a.nd
�ar_celled.
Section 3. Said $24,505,000 Refunding Bonds, Series
�9f7, shall bear interest payable October 1, 1977 and semi-annually
��ril 1�nd October 1 thereafter, and shall be numbered, as follows:
Year
1978
1979
lg8o
1981
1982
? °�3
1984
1985
1986
1987
logg
1939
lago
1991
�992
1993
1°9�
Amount
$2,075,000
2,200,000
2,025,000
2,200,000
2,025,000
2,2i5,000
2,100,000
2,200,000
1,950,000
1,800,000
1,000,000
775,000
825,000
400,000
225,000
250,000
240 , 000
Bond
Numbers
1-415
416-855
856-1260
1261-170Q
1701-2105
2106-2548
2549-2968
2969-3408
3409-3798
3799-4158
4159-4358
4359-4513
4514-4678
4679-4758
4759-4803
4804-4853
4854-4901
Interest
Rate
4.00%
6.00%
5.75%
4. 00°6
4.00%
4.10%
4.20%
4.30%
4.40q
4.50q
4.60%
4.70%
4.75�
4.75%
4.75%
4.J5%
4.75%
Sec�ion 4. Said bonds shall be payable in lawful money
c' ��e Uri��d Sta�es of America at
7rust Compan
, Chicago
The Northern
I 1 1 i n o i s , and sha].l be
s_��ed b;� the City P�anager with his facsimile signature and by the
�-`�' Cle�k wi�n his manual signature, and sealed with the corporate
���? oi the Ci�y of Oshkosh. Interest on the bonds shall be evidenced
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by coupons thereto attached, such coupons to be signed by said City
��??nager and City Clerk with their respective facsimile signatures,
and said officers shall, by the execution of said bonds, adopt as
and for their own official signatures their respective facsimile
sionatures appearing upon said coupons.
Section 5. Bonds maturing on and after April l, 1987 shall
be subject to redemption prior to maturity at the option of the City
of Oshkosh as a whole, or in part in inverse order of maturity, and
i•r�thin each maturity by lot in such manner as the City G3erk shall
determine, on April l, 1986 and on any interest payment date there-
aiter, at the principal amount thereof and accrued int��est to the
date of redemption. Notice of intended redemption shall be given by
publication of an appropriate notice at least ance in a newspaper
published in Oshkcsh, Wisconsin, and in a financial newspaper or journal
published in filew York, New York or Chicago, Illinois, and by registered
or certified mail to the paying agent. All such redemption notices
snall be given not less than 30 nor more than 1B0 days prior to the
da�e fixed for redemption.
Section 6. The bonds shall be regis�rable as to principal
in tne manner and with the effect provided in the form af bond
h�reinafter set out.
Section 7. The bonds and coupons shall be in substantially
�h? iollowing form, the omissions to be appropriately completed
when the bonds are printed:
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(Form of Bond)
UNITED S^1ATES OF AMERIGA
STATE OF WISCONSIN
CITY OF OSHKOSH
COUNTY OF WINNEBAGU
REFUNDING BOND, SERIES 1977
Statement of the value of
all the taxable property in said
City of Oshkosh according to
the last preceding assessment
thereof, as equalized by the
State Department of Revenue,
being for the year 1976 . . . . . . . . . . . . $
Statement of the value of
all taxable property in territory
attached to said city for school
purposes according to the last
preceding assessment thereof, as
equalized by the State Department
of Revenue, being for the year . . . . . . . . $
1976
Aggregate amount of existing
bonded indebtedness of said city,
including this issue . . . . . . . . . . . . . $
No. � . $5,000
KNOW ALL MEN BY THESE PRESENTS, that the City of Oshkosh,
in the County of Winnebago, State of UJisconsi;�, hereby acknowledges
itself to ovae, and for value received promises to pay to bearer,
or to the registered holder hereof if this bond sha11 then be regis-
tered as to principal, the sum of Five Thousand Dollars ($5,000) in
1a��lful money of the United States of America, on April 1, 19�,
v�ith interest at the rate of per cent (_ _�) per
annum from the date hereef until the principal amoun� shall have
been fully paid, such interest being payable semiannually on April 1
and October 1 of each year beginning Octoper� 1, 1977, interest to
maturity or prior redemption being payable only upon presentation
S
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�nd surrender of the interest coupons attached hereto as they
severally mature. Both principal hereof and interest hereon are
hereby made payable at
�'or the prompt payment of this bond wi�h interest hereon as afore-
said and for the levy of taxes sufficient for that purpose, the
full faith, credit and resources of said city are irrevocably
pledged.
Bonds of the issue of which this bond is one maturing
on and after April l, 1g87 are subject to redemption prior to
r-iaturity at the option of said city as a whole, or in part in
inverse order of maturity, and within each maturity by lot in
such manner as the City Clerk shall determine, on April l, 1g8G
and on any interest payment date thereafter at the principal
amount thereof and accrued interest to the date of redemption.
i�otice of intended redemption shall be �iven by publication of
2n appropriate notice at least once in a newspaper published in
Oshkosh, ti�lisconsin, and in a financial newspaper or journal pub-
lished in NeVr York, New York or Chicago, Illinois and by regis�ered
or certified mail to the paying agent bank. All such redemption
ro�ices shall be given not less than 30 nor more than l80 days prior '
�o the date fixed for redemption.
This bond is one of an issue of $24,540,000 issued for
�h� purpose of refunding cer�ain general obligation bonds of said
ci�y, pursuant to and in all respects in compliance with Chapter 67
oi the 6�lisconsin Statutes and a resolution duly adopted by the City
Cauncil of said city on �lpril 12, 1977.
This bond is registrable as to principal in accordance
vri�h the provisions endorsed on the reverse side hereof.
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It is hereby certified and recited thai all conditions,
�hings and acts required by law to exist, to be or to be done,
,_,recedent to and in the issuance of this }aond and the issue of
:�'r.ich it is a part, have been, have existed and have been performed
?n due form and iime as required by laV;; that the indebtedness of
said city, includin� this bond, does not exceed any Iimitation
impased by law; and that said city has levied a direct annual
�rrepealable tax sufficient to pay the interest hereon when it
`_'a?ls due and also to pay and discharge �he principal hereof at
r�aturity.
IN WITNESS WHEREOF, the City of Oshkosh, by its City
Council, has caused this bond to be signed by its City Manager
;�rith his £acsimile signature, and by �.ts City Clerk with his manual
si�nature, and its corporate seal to be impressed hereon, and the
cou�ons hereto attached to be signed by said City Manager and City
Clerk i��ith their respective facsimile signatures, and said of-
�icers, by the execution of tris bond, do adopt as anci for their
o�:n official signatures, their respective facsimi�e signatures
zppearing on said coupons, as of the first day of Apri1, 1977.
(facsimile signature)
City Clerk City Manager
(Form of Coupon)
.,
r� o .
$
On l, 19s, unless the bond to which this
ccupon is appurtenant shall be subject to prior redemption and shall
h�ve been properly called for redemp�ion and provision for the payment
�rereof duly made, the City of Oshkosh, GTisconsin will pay to bearer
�n° 8L101I21� shown herean in lawful money of the United States of
A:T:erica, at
' > >
fo» �nte»est due that day on its Refunding Bond, Series�1977, dated
-10-
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_ �q.=
April l, 1977, numbered .
(facsimile signature) (facsimile signature)
City C1erk City Manager
(Provision for Registration)
The within bond may be registered in the name of the
holder as to principal only on books to be kept by the City Clerk
of the City of �shkosh as bond registrar, such registration �o be
noted hereon in the re�istration blank belo�r, after which no
transfer shall be valid unless made on said books at the request
of the registered holder or his attorney thereunto duly authorized
and similarly noted in said registration blank below, but this
bond may be discharged from registration by being transferred to
bearer, after ��rhich it shall be transferable b,y delivery but may.
be again registered as before. Such registration shall not impair
the negotiability by delivery of the coupons attached to the bond.
(IJo Urriting in this blank except by the Registrar)
Date of Name of . Signature of
Registration Registered Holder Registrar
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Section 8. In order to provide for the collection of a
direct annual irrepealable tax suffici.ent to pay the interest on said
bonds and to pay and discharge the principal thereof at maturity,
there is hereby levied upon alI taxable property in the City of
Oshkosh a direct annual irrepealable tax in an amount sufficient
for that purpose, and there is hereby levied upon all of said tax-
able property in said city the following direct annual irrepealable
tax in each of the years and amounts as follows:
Year of Levy
1977
1978
1979
1980
1981
1g82
1g83
1984
1985
1986
1987
1988
1989
7-990
1991
1992
1993
Amount for
Interest and Principal
$ 3,706,641.25
3,1665427.5�
2,�67,208.75
2,�3U,990.00
2,680,490.00
2,784,582.50
2,580,075.0�
2,588,675.00
2,248,475.00
2,015,075.00
1,151,575.00
885,362.50
897,556.25
443,462.50
253,618.75
267,337.50
245,700.00
In each of said years 1977 to 1993, inclusiv�, the direct
annual irrepealable tax above levied shall be extended upon the tax
rolls of said City of Oshkosh and collected by ihe officers of said
city in the same manner and a� the same time as taxes f'or general
city purposes for such years are extended and collected, and when so
collected, the proceeds of said taxes shall be used solely for paying
the principal of and interest on said bonds so lang as any bonds of
said issue remain outstanding. Provided, however, that the taxes herein
levied shall be apportioned bet;aeen said city and the municipalities
having property attached to said city for school purposes in the manner
provided in Section 120.53, ti�7isconsin Statutes.
The full faith, credit and resources of the City of Oshkosh
are pledged to the payment of the principal of and interest on said
bonds as and when the same shall become due.
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- Section 9. Interest on or principal of the bonds herein
authorized falling due at any time when there shall be on hand in-
sufficient funds from the proceeds of the above tax levy for the
payment of such interest or principal shall be paid promp-�ly when
due from other funds of said city, which funds •shall be reimbursed
therefor out of the proceeds of the taxes above levied when such
taxes shall have been collected. �
Section 10. There is hereby established in the City
Treasury a fund separate and distinct from all other funds of said
city to be designated "Series 1977 Refunding Bonds Sinking Fund",
vrhich fund shall be used solely for the purpose of paying principal
of and interest on said bonds dated April l, 1977. There shall be
deposited in said fund all accrued interest paid on said bonds at
the time said bonds are delivered to the purchaser; such portion
of such premium as may be paid ior the bonds as may be hereafter
determined by this City Council; the sum of $_557,713.7� from
funds on hand for the purpose of paying interest coming due on said
bonds on October l, 1977; all money raised by taxation pursuant
to Section 8 hereof; and such other sums as may be necessary to
pay interest an said bonds when the same shall become due and to
retire said bonds at their respective maturity dates.
Section 11. First ti�7isconsin National Bank of Oshkosh,
Oshkosh, Wisconsin ("Trustee"), is hereby appointed Trustee for the
purpose oi ensuring the payment of the principal of and interest
on the Outstanding Bonds. From the proceeds of the bonds there
shall be deposited in �rust with the Trustee for the retirement
ef the Outstanding Bonds and the payment of any interest accrued
and to accrue thereon an amount which, together with other avail-
able funds of the city, will be sufficient for such purpose.
The amount so deposited and not required for current retirement
of princ?pal and interest shall be invested in obligations authorized
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by Section 66.04(2), Wisconsin Statutes, in such manner that
the amount so deposited will be sufficient, without the need for
any further inuestment or reinvestment, to retire all of the
Outstanding Bonds on or prior to maturity or on the respective
firsi call dates thereof, whichever may be earlier, and to pay
interest thereon as it comes due. The bond proceeds so deposited
with the Trustee shall be deemed to be deposited in the borrowed
money fund within the meaning of Section 67.10(3) of Wisconsin
Statutes .
The City Treasurer is hereby authorized to transfer to
the Trustee the respective sinking funds created for the payment of
the Outstanding Bonds and the money on deposit therein.
So long as any of the bonds remain outstanding, moneys
on deposit in any fund or account in connection ivith the bonds or
the Outstanding Bonds, whether or not such moneys were derived
from the proceeds of the sale of the bonds or from any other
source, will not be used in a manner which will cause the bonds
�o be "arbitrage bonds" within the mean�g of Section 103(c)
of the Internal Revenue Code of 1954, as amended, and any lawful
regulations promulgated or proposed thereunder, including
Sections 1.103-13 and 1.103-1U of the Income Tax Regulations
(26 CFR Part 1), as the sar:e exist on this date, or may from time
to time hereafter be amended, supplemented or revised.
Adopted April 12, 1977.
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Attest:
.---
J
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City Clerk �-°' �
2 . pT ' a�+ . .... . .. . _ . . . . . . . .. . . . . . . . _. . . .. . . . . . . . . . .. . . . .... . .. �-..e...A...�.�..a
dr�
Notion w35 made by Council Member Kutchera that said
resolu�ion be adopted, and said motion was seconded by Council
Member Chaney UpOn roll being called, the following voted:
Aye' Chaney , Kutchera, Propp , Schiefelbein ( 4)
Nay:
�
Teichmiller
�
(1)
� � *
(Other Business)
Upon motlon Of Council Member Pro
Council adjourned.
Approved April 12 , 1977•
rittest:
�._.
�,
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City Clerk
the City
�
' i� � , � "
� ,��: Presi ent ��
l
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r
STATE OF WISCONSIN )
)
COUNTY OF WINNEBAGO )�
I, Converse C. Marks, hereby certify that I am the duly
qualified and ac�ing City Clerk of the City of Oshkosh, Wisconsin,
and as such official T further certify that attached hereto is a
copy of excerpts from the minutes of the meeting of the City Council
of said city held on April 12, 1977, and of a resolution adopted
at said meeting; that I have compared said copy with the original
minute record of said meeting in my official custody; and that
said copy is a true, correct and complete transcript from said
original minute record insofar as said original record relates
to $24,540,000 Refunding Bonds, Se�ies 1977, of said city dated
April l, 1977.
I further certify that the initial resolution authorizing
said bonds was duly recorded in my office on March 17 1977 ,
1977, as required by law, and that within 30 days from the recording
thereof and as of the date of this certificate no petition protesting
the issuance of such bonds or requesting a referendum in connection
therewith has been filed with me or in my office._ ,
I further certify that a true and correct statement of
every step or proceeding had or taken to date in the course of
authorizing said bonds has been recorded by me in a separate record
book pursuant to the provisions of Section 67.05(12) of the
ti�Jisconsin Statutes .
WITNESS my official signature and the seal of said city
this 12 day of April, 1g77.
�,
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`" ' � C--�i .'.CL rZL (` �, �
( SEAL ) City Clerk ._�' ,
RHG:ed
4/1/77
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