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HomeMy WebLinkAbout27806 / 75-17a S�p �� 1975 � l� RESOLUTION P�SOLUTIaN ALTTu�RTZING THE ISSUANCE.OF $100,OQ0 PROMISS012Y NO�`E OF ?'HE CITY OF OSHKOSH FOR THE PURPOSE OF PROVIDING EASEBALL LIGHTING �UB�dI TTED �3Y �� V � � v'�., � — -� � .� � APPRO ED - 21 -- ._�_. __...__�..�:.,.;a>e�.: . + The City Council of the City of Oshkosh, Winnebago County, Wisconsin, met in regular session at its regular meeting place on September 4, 1975 at 7:00 o'clock P. M., with the following members present: and the following members absent: * * * * * (other business) The following resolution was thereupon introduced by Council Member and read in full: RESOLUTION authorizing the issuance of $100,000 Promissory Note, providing the details of said note and levying taxes in connection therewith. WHEREAS, it is necessary that funds be raised for the purpose of providing permanent improvement of lands including improvement of lands for municipal and school lighted baseball facilities, and WHEREAS, cities are authorized by the provisions of Section 67.12 (12) of the Wisconsin Statutes to borrow money and issue promissory notes for improvements of lands for public purposes, and WHEREAS, the officials of said city have negotiated with Va11ey Bank of Oshkosh, Oshkosh, Wisconsin, for the borrowing of $100,000 and the issuance of the promissory note of said city to evidence such indebtedness, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh, Winnebago County, Wisconsin, as follows: Section l. For the purpose of providing for permanent improvement of lands for public purposes as described in the preamble hereto, there shall be borrowed the principal sum of $100,000 and the promissory note of said city shall be issued to evidence such indebtedness. Such issue shall consist of one note in the principal amount of $100,000 and shall be issued to Valley Bank of Oshkosh, Oshkosh, Wisconsin, or order. Section 2. Said note shall be dated September l, 1975, ,shall mature in annual installments on September 1 of each of the years 1976 to 1978, inclusive, and shall bear interest at the following rate of 4.625 per cent per annum, payable March l, Z976 and semi- annually thereafter on September 1 and March 1 of each year until said note is paid. Thz note shall mature in annual installments on September 1 of each year as follows: 1976 1977 1978 $ 40,000 $ 30,000 $ 30,000 4.6250 4.6250 4.6250 and shall be payabZe, both principal and interest, in lawful money of the United States of America at Valley Bank of Oshkosh, Oshkosh, Wisconsin. Section 3. Said note shall not be subject to prepayment prior to maturity. Section 4. Said note shall be signed by the City Manager and City Clerk and sealed with the corporate seal of the City of O shko sh . Section 5. The City Clerk shall keep, maintain and preserve an adequate and correct register account of said note, alI principal installments and interest payments made thereon by the city, and other transactions relating thereto. Section 6. Said note shall be in substantially the following form: - 2 - (Form of Note) United States of America State of Wisconsin County of Winnebago City of Oshkosh PROMISSORY NOTE $ 100,000.00 KNOW ALL MEN BY THESE PRESENTS: That the City of Oshkosh, in the County of Winnebago and State of Wisconsin, hereby acknowledges itself to owe and for value received promises to pay to the order of Valley Bank of Oshkosh, Oshkosh, Wisconsin, the principal sum of One Hundred Thousand and no/100 Dollars ($100,000.00), said principal sum being payable in three (3) installments as follows: 1976 1977 . ; $ 40,000 $ 30,000 $ 30,000 4.625% 4.6250 4.6250 each payable on the first day of September in each of the years 1976 to 1978, inclusive, with interest on the unpaid principal amount at an average rate of 4.625 per cent per annum from the date hereof until the principal amount shall have been fully paid, such interest being payable March 1 ar�d semi-annually thereafter on September 1 and March 1 of each year. Both principal hereof and interest hereon are payable in lawful money of the United States of America at Valley Bank of Oshkosh, Oshkosh, Wisconsin. For the prompt payment of this note with interest hereon as aforesaid and for the levy of taxes sufficient for that purpose the full faith, credit and resources of said city are hereby irrevocably pledged. This note is in the principal amount of $100,000 issued for the purpose of providing for permanent improvements of lands for public purposes pursuant to and in all respects in compliance with Section 67.12 (12) of the Wisconsin Statutes and a resolution adopted by the City Council of said city on September 4, 1975 and entitled: "Resolution authorizing the issuance of $100,000 - 3 - promissory note, providing the details of said note and levying taxes in connection therewith. It is hereby certified and recited that all conditions, things and acts required by law to exist, to be or to be done precedent to and in the issuance of this note have been, have existed and have been performed in due form and time as required by law; that the indebtedness of said city, including this note, does not exceed any limitation imposed by law; and that said city has levied a direct annual irrepealable tax sufficient to pay the interest hereon when it falls due and also to pay and discharge the principal hereof at maturity. IN WITNESS WHEREOF, the City of Oshkosh, its City Council, has caused this note to be signed by its City Manager, Gordon B. Jaeger, and its City Clerk, Canverse C. Marks, and its corporate seal to be impressed hereon, all this first day of September, 1975. CONVERSE C. MARKS City Clerk * * * * * * GORDON B. JAEGER City Manager � ( S E A L ) Section 7. Said note shall be prepared in typed or mimeographed form and shall be executed in the manner provided by this resolution. This note shall thereupon be delivered to the Valley Bank of Oshkosh, Oshkosh, Wisconsin, upon payment to the City Treasurer of the principal amount thereof plus accrued interest to the date of delivery. Section 8. In order to provide for the collection of a direct annual tax sufficient to pay the interest on said note and to pay and discharge the principal thereof at maturity, there is hereby - 4 - levied upon all the taxable property in the City of Oshkosh a direct annual tax in an amount sufficient for that purpose and there is hereby levied upon all of said property in said city the following annual tax, to-wit: Year of Levy 1975 1976 1977 Principal $ 40,000 $ 30,000 $ 30,000 Interest $ 4625.00 $ 2775.00 $ 1388. 00 Total $ 44,625.00 $ 32,775.00 $ 31,388.00 Section 9. Said tax shall be extended upon the tax rolls of said City of Oshkosh and shall be collected by the officers of said city in the same manner and at the same time as taxes for 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 o.f and interest on said promissory note of the City of Oshkosh so long as said note remains outstanding. Section 10. Interest on or principal of the note herein authorized falling due at any time when there shall be on hand insufficient funds from the proceeds of the above tax levy for the payment of such interest or principal sha11 be paid promptly 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. Adopted Recorded Motion was made by , 1975. , 1975. that said resolution be adopted and said motion was seconded by After due consideration the President put the question and upon roll being called the following voted: Aye : Nay: - 5 - * * * * * * * * (Other Business) . Upon motion of . the City Council adjourned. Approved , 1975. - 6 - GEORGE N. SINGSTOCK, President Oshkosh City Council STATE OF WISCONSIN ) ) ss. COUNTY OF WINNEBAGO) I, CONVERSE C. MARKS, hereby certify that I am the qualified and acting City Clerk of the City of Oshkosh, Winnebago County, Wisconsin, and as such official I 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 September 4, 1975, 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 the $100,000 promissory note of said city. I further certify that a true and correct statement of every step or proceeding had or taken ta date in the course of authorizing said $100,000 promissory note has been recorded by me in a separate record book pursuant to the provisions of Section 67.05 (12) of the Wisconsin Statutes. WITNESS my official signature and the seal of said city this day of , 1975. 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