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HomeMy WebLinkAbout31262 / 81-08April 16, 1981 # B RESGL' iJPION RESOLUi'ION determing to borrv.r S495,000.00 and to iss� to the lender Promissoiy Notes, Series 1981, of tr�e City of Oshk�h, Wisconsin, in such acmimt, provi.ding details, prescribing the form of note and �upon, awarding the notes to the hi�est bidder, and levying taxes. ';"u�"ti'4T�D BY %?:i:l i , � /`�G' l,(.i - � _ The City council of the City of Oshkosh, Winnebago County, Wisconsin, met in regular, open, public session at its regular meeting place on April 16, 1981, at o'clock _.M., with the following members present: and the following members absent: � � � (Other business) The Clerk stated that one purpose of the meeting was the consideration of bids received for the purchase of $495,000 Promissory Notes, Series 1981 of the City of Oshkosh pursuant to notice of sale duly published in The Bond Buyer, a Pinancial newspaper published in the City of New York, New York, and in the Oshkosh Dai1y Northwestern. The following sealed bids for said notes were received in the Council Chambers in the City Hall until 10:30 A.M., C.S.T., on April 16, 1981: LEX Name of Bidder Net Interest Cost � After due deliberation, it was determined that the bid oP First Wisconsin National Bank of Milwaukee , wisconsin , and associates, at a price of par and accrued interest plus a premium of $ Z•21 was the highest and best bid submitted for the purchase of said notes, which bid is as follows: -2- ;-,:....z . ,.. ...: _ �.. � o Q N F �O Z 7 � U O1 a w a F o (n N � U � N F e� � W .+ C O (y M F z Ni t. v� 0 y =I � � �I � z O I m �� � � mw y F O O 0. Z 5 �r 6. C O Ct7 �A E rn '+ ¢ � � O C � rn Q 00+-� • a C F o a a � � F M O �O y U O .+ W Q � � F U O O O..I 2 M O ^ H I--i . 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OFPICIAL BID FORM Lity Council City Hall Oshkosh, Wisconsin 54902 Gen[lemen: April 16, 19$1 Subject to all terms set forth in the Official Notice of Sale, which is hereby made a part of this proposal, we offer to pay $3,050,000 for Corporate Purpose Bonds and $495,000 for Promissory Notes plus a premium of /�..Y� ( _ ($ /,y ��: ) and accrued interest to date of delivery, for $3,050,000 Corporate Purpose Bonds, Series 1981 and $495,000 Promissory Notes,5eries 1981 of the City of Oshkosh, Wisconsin, dated May l; 1981, maturing serially May 1 of each year and bearing interest as foltows: Amount $ 75,000 75,000 75,000 75,000 1z5>oao 125,000 �SO,000 Year of Maturity 1982 1983 t984 1985 1986 1987 19$$ CORPORATE PURPOSE BONDS Interest Rate /L`.0 0 % i� O6 � ��� � c �r % /c c �' � /a CC` � r�. L �—�7 l• T °� �` PROMISSORY NOTES Year of Interest Amount Maturity Rate Amount 5250,000 250,000 150,000 150,000 150,000 700,000 700,000 Amount $ 25,000 1982 /�`.c^C` % S 25,000 25,000 1983 , o.�� r% 20,000 z5>0oo 1984 ic` c'� o t00,0o0 25,000 1985 /c c^ � � l00,000 25,000 1986 jr t'c� � 125,000 We prefer that the Bonds and Notes be payable at �•= and at � Year of Maturity 1989 1990 1991 1992 1993 1994 1995 Year of Maturity 1987 1988 �989 1990 1991 Interest Rate �). C c'� $ C/�in % �..sc� � �j,.3o % ��---• l�c'! � �i ��n � i. s c % Interest Rate i 0 0 �' � `% f �'' � `i. c 0 � , c, �, � �i.3t� � Said Bonds and Notes are to be executed and delivered to us in accordance with the terms of this bid accompanied by the approving legal opinion of Chapman and Cutler, Attorneys, Chicago, Illinois. You are to pay for said legal opinion and printing of bonds and notes. As evidence of good faith, we enclose herewith a check to the order of the Treasurer of the City of Oshkosh, Wisconsin, in the sum of $70,900 pursuant to the terms provided in your Official Notice of Sale. Attached hereto is a list of the members of our account on whose behalf this bid is made. 19 ....� ..».�.,...,......�..�..,�..........__...._..,_.-_.��---- -- ,- Description of Check: Amount: S70,900 Name of Bank Fir:3t Wisconsin National Bank of Milwaukee City Milwaukee State WI Type Cashier's Check No. z10988 Dated April lu, 1'�Sl (For City Use Only) The Above Check was Returned and Received for the Above Named Account Manager By Respectfully submitted, Name FIRST WISCONSIN NATIONAI BANK BY �e�� �.,ti. (?� , �..o '�. I c�.� o n .�ger,—F'irs�P�ce P'resi e�C nt Address 777 East Wisconsin Avenue City Milwaukee State Wisconsin For information of City Only. Our Calculation of Interest Cost fran Above is: Total Interest.......$ � ?�'/, :�yo_ �+c+ Less Premium......_..$ % S. $C� Net Interest co5c....5 3.3n� 3;a�_-� n —�. , Net Interest Rate.... %, y/�..;7C $ The foregoing bid was accepted and bonds and notes sold by resolution of the City Council of the City of Oshkosh, Wisconsin on April 16, 1981, and receipt is hereby acknowledged of the good faith check whicti is being held in accordance with the terms of the Official Notice of Sale. � �.,...,,.--.,-r-------- — CITY OF OSHKOSH By Director of Administration Thereupon the following resolution was introduced by and was read in fu11, and pursuant to motion made by and seconded by was adopted by the following vote: Aye: Nay: RESOLUTION determining to borrow 95,000 and to issue to the lender Promissory Notes, Series 1981, of the City of Oshkosh, Wisconsin, in such amount, providing details, prescribing the form of note and coupon, awarding the notes to the highest bidder, and levying taxes. WHEREAS, it is necessary that funds be raised in the total amount of $495,000 for the purpose of providing for acquisition of equipment, permanent improvement of lands and public work and improvements consisting of acquisition of equip- ment, construction of sidewalks, bridge lighting, and public building improvements; 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 acquisiticn of equipment, permanent improvement of lands and public work and improvements; and -4- �dHEREAS, it is considered necessary and desirable by the City Council of the City of Oshkosh, Wisconsin (the "City"), that the City borrow $495,000 for the purpose of providing funds for the purposes aforesaid, and that the City issue to the lender its promissory notes to evidence the indebtedness thereby incurred; and WHEREAS, it has been determined to borrow said money from First Wisconsin National Bank op Milwaukee � wisconsin � and associates, said lenders having submitted the best bid for said notes at the public sale thereof; and WHEREAS, it has been determined that the issuance of said notes in form payable to the bearer wi11 make such notes more readily marketable and wi11 thereby be to the advantage of the City; NOW, THEREFORE, Be It Resolved by the City Council of the City of Oshkosh, Winnebago County, Wisconsin, as follows: Section 1. For the purpose of paying the cost of providing for acquisition of equipment and public work and improvements as described in the preamble hereto, there shall be boCrowed from First Wisconsin National Bank , of Milwaukee � Wisconsin � and associates, the sum of $495,000, and to evidence such indebtedness the City shall issue to such lenders its Promissory Notes, Series 1981 (the "Notes"), in the aggregate principal amount of $495,000. Section 2. Said notes shall be designated "Promissory Notes, Series 1981", shall be payable to bearer, shall be dated P4ay 1, 1981, shall be of $5,000 denomination each, shall be num- bered 1 to 99, inclusive, shall mature serially in numerical order without option of prior redemption on tlay 1 of each of the years -5- -�...�.,,,.�s�..-�,. ...._-------�..._.� _ _..,_.._-�---�--- _--- 1982 to 1991, inclusive, and shall bear interest payable semi- annually on the first day of May and November of each year, beginning November 1, 1981, as follows: Year 1982 1983 1984 1985 1986 Amount $25,000 25,000 25,000 25,000 25,000 Tnteresti Rate io.00� io.00� io.00� io.00% io.00� Year 1987 1988 1989 1990 1991 Amount $25,000 20,000 100,000 100,000 125,000 Interest Rate lo.00 % 9.60 �d 9.0o x 9.00 K e.�o � The Notes shall be signed by Ehe City Manager of the City with his facsimile signature, and by the City Clerk, and sealed with the corporate seal of the City. Interest upon the Notes shall be evidenced by coupons thereto attached, such coupons to be signed by said City Manager and City Clerk with their respective facsimile signatures, and said officers shall, by the execution of the Notes, adopt as and for their own proper signatures their respective facsimile signatures appearing on said coupons. Both principal of and interest on the Notes shall be payable in lawful meney of the linited States of America at First wisconsin Trust Co. � Dlilwaukee � Wisconsin , or at , , , at the option of the holder. Section 3. The Notes and coupons sha11 be in substantially the following form, the omissions to be appropriately completed when the notes are printed: � (For� of Note) UNITED STATES OF AI4ERICA STATE OF WISCONSIN COUNTY OF WINNEEAGO CITY OF OSHKOSH PROMISSORY NOTE, SERIES 1981 No. $5,000 KNOW ALL P4EN BY THESE PRESENTS: That the City of Oshkosh, in the County of Winnebago, State of Wisconsin (the "City"), hereby acknowledges itself to owe and for value received promises to pay to bearer, or to the registered holders hereof if this Note shall then be registered as to principal, the principal sum of Five Thousand Dollars ($5,000) on the first day of May, 19_, with interest at the rate of per cent ( �) oer annum from the date hereof until the principal amount shall have been fu11y paid, such interest being payable semiannually on the first days of May and November of each year, beginning November 1, 1981, interest to maturity being payable only upon presentation and surrender of the interest coupons attached hereto as they severally mature. Both principal hereof and interest hereon are hereby made payable in lawful money of the United States of AmeCiC2. at First tiPisconsin Trust Co. � Milwaukee , Wisconsin , oC at ' , , , at the option of the holder. For the prompt payment of this note with interest hereon as aforesaid and for the levy and collection of taxes sufficient for that purpose, the full faith, credit and resources of the City are hereby irrevocably pledged. This note is one of an issue of $u95,000, all of like date, issued to evidence the indebtedness incurred by the borrowing of -7- . . � � . � .. � u 5r- :. �y:�f:�rv._. � _ _ . � . .. ... . . . . , . . t kQT',"',^` '� r . .`Y...Y�. . _ .. . . . . . . .xy'q-"• ea : . money in such amount for the purpose of paying the cost of providing for acquisition of equipment, permanent improvement of lands and public work and improvements, pursuant to and in a11 respects in compliance with Section 67.12(12) of the Wisconsin Statutes and a resolution adopted by the City Council of the City on April 16, 1981, and entitled, "RESOLUTION determining to borrow $495,000 and to issue to the lender Promissory Notes, Series 1981 of the City of Oshkosh, Wisconsin, in such amount, providing details, prescribing the form of note and coupons, awarding the notes to the highest bidder, and levying taxes". This note is registrable as to principal in accordance with the provisions endorsed on the reverse side hereof. 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; that the indebtedness of the City, including this note, does not exeeed any limitation imposed by law; and that the City has levied a direct annual irrepealable tax suificient to pay the interest hereon when it becomes due and also to pay the principal hereof at maturity. IN TESTIMONY WHEREOF, the City of Oshkosh, by its City Council has caused this note to be signed by its City Manager with his facsimile signature, and by its City Clerk, and its corporate seal to be impressed hereon, and the coupons hereto attached to be signed by said City Manager and City Clerk with their respective facsimile signatures; and said officers, by the execution of this note, do adopt as and for their own official signatures their respective facsimile signatures appearing on said coupons, all as of the first day of t4ay, 1981. (facsimile signature) City Clerk City Manager �:� No. (Form of Coupon) On the first day of � $ 19_, the City of Oshkosh, Wisconsin, will pay to bearer the amount shown hereon in lawful money of the United States of America at or at , , upon presentation and surrender of this coupon, for interest due that day on its Promissory Note, Series 1981, dated May 1, 1981, No. (facsimile signature) (facsimile signature) City Clerk City Manager (Provision for Registration) The within Note 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 Oshkosh, as Note Registrar, such registration to be noted hereon in the registration blank below, 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 Note may be discharged from registration by being transferred to bearer, after which it shall be transferable by delivery but may be again registered as before. Such registration shall not impair the negotiability by delivery of the coupons attached to this Note. Date of . ReRistration : Name of . stered Holder : -9- Address of . Signature istered Holder : of ReRistr i ..._.__.n_..... ,,.. _ _ �_«.._,: .. .�... Section 4. In order to provide for the collection of a direct annual tax sufficient to pay the interest on the Notes and to pay and discharge the principal thereof at maturity, there is hereby levied upon all the taxable property in the City a direct annual tax in an amount sufficient for that purpose, to-wit: Year of Amount for Principal Year of Amount for Principal Levy and Interest Levy and Interest 1981 $ 93,567.50 1986 $ 57,795.00 19g2 a�,�9s.00 19A7 so,sss.00 1983 bs,29s.00 1988 i2s,i2s.00 198�+ bz,�9s.00 1989 ii6,izs.00 1985 6o,z9s.00 1990 iso,sl2.so Section 5. Said tax shall be extended upon the tax ro11s of the City and shall be collected by the officers of the 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.of and interest on the Notes so long as the Notes remain outstanding. For the purpose of paying interest on the Notes due on November 1, 1981, the sum of $Z3,272.50 sha11 be made available from other City funds on hand, said amount to be repaid from the first collection of taxes levied pursuant to Section 4 hereof. Section 6. Interest on or principal of the Notes 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 promp�ly when due from other funds of the City, which funds shall be reimbursed therefor out of the proceeds of the taxes above levied when such taxes shall have been collected. -10- Section 7. The City Clerk shall keep, maintain and preserve an adequate and correct register account of all Notes issued and all payments and other transactions relating thereto. Section 8. When the Notes shall have been printed and executed, the same shall be delivered by the City Treasurer to the lender upon receipt of the borrowed money. Section �. The principal proceeds from the sale of the Notes shall be used only far the purpose of paying the cost of providing for aequisition of equipment, permanent improvement of lands and public work and improvements as set out hereinabove. The City recognizes that the purchasers and holders of the Notes will have accepted them on, and paid therefor a price which reflects, the understanding that interest thereon is exempt from Federal income taxation under laws in force at the time the Notes shall have been delivered. In this connection the City agrees that it shall take no action which may render the interest on any of the Notes subject to Federal income taxation and that the principal proceeds of the sale of the Notes shall be devoted to and used with due diligence for the completion of the facilities for which the Notes are herein authorized to be issued. The Director of Administration, the C1erk and the Treasurer of the City, or any of them, are hereby authorized to execute on behalf of the City an Arbitrage Certificate to assure the purchasers and holders of the Notes that the proceeds of the Notes are not expected to be used in a manner which would or might result in the Notes being "arbitrage bonds" under Section 103(c) of the Internal Revenue Code of 1954, as amended, oc the regulations of the United States Treasury Department currently in effect or proposed. Such Arbitrage Certificate shall constitute a repre— sentation and certification of the City and no investment of —11— , , . . , . . . p.., • : . . ,;..x„ �, ,.>�- ;a..:;:;x .� � �.•,m _-. .., . _ _.......�...9......,..a,,..,..e,...,,m.. �..,. e ti. � — .,�; . PJote proceeds or of moneys accumulated to pay the Notes herein authorized sha11 be made in violation of the expectations prescribed by said Arbitrage Certificate. ATTEST: Adopted April 16, 1981. Recorded , 1981. Approved , 1981. President City C erk .. �. �=`. , �.' � � 0 � � � � 0 F, W � > 0 s� a• caU o O O .V Lll � G,' -7 O tfT .� +> I � ri U] O N � N N O az ti yJ N a v 6 � O " E '� � .� F. � � O � y� U J� O � � - � w Q � � x z� � � � � U r-i y-1 � Q U