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dmr031378
COMMON COUNCIL
OF THE
CITY OF MUSKEGO. WISCONSIN
Resolution No. #53-78
INITIAL RESOLUTION
RELATING TO
INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING
ON BEHALF OF
PRECISION SCREW THREAD CORP.
." -
"
pality") is a municipal corporation organized and existing under
WHEREAS, the City of Muskego, Wisconsin (the "Munici-
and pursuant to the laws of the State of Wisconsin and is
authorized by Section 66.521 Wisconsin Statutes, as amended
(hereinafter sometimes referred to as the "Act"), to:
finance all or any part of the costs of the construction,
(a) issue industrial development revenue bonds to
equipping, reequipping, acquisition, purchase, installation,
reconstruction, rebuilding, rehabilitation, improving,
or remodeling of a project which qualifies under the Act and
supplementing, maintaining, repairing, enlarging, extending
the improvement of the site therefor: and
participant pursuant to which the eligible participant
(b) enter into a revenue agreement with an eligible
agrees to cause said project to be constructed and to pay
the Municipality an amount of funds sufficient to provide
for the prompt payment when due of the principal of and
and
interest on said industrial development revenue bonds;
corporation, and Glenn R. Simpson, Jr., a principal shareholder
WHEREAS, Precision Screw Thread Corp., a Wisconsin
of said corporation (hereinafter said corporation and said
individual being individually and collectively referred to as
"Eligible Participant") have been considering undertaking a
Municipality that it would be an encouragement and induce-
capital project in the Municipality, and have represented to the
ment for it to proceed if the project could be financed with
industrial development revenue bonds; and
the manufacture of screw thread products and related products
WHEREAS, the project would be for the purpose of
and would consist of approximately 5.8 acres of land, a new
industrial building and equipment (hereinafter called the "Pro-
ject") ; and
WHEREAS, the Eligible Participant has estimated that
the cost of the Project would be approximately $550,000 but, with
allowance for modifications, design changes, and inflation
could be as high as $600,000; and
pality to promote, attract, stimulate, rehabilitate and revita-
WHEREAS, it is in the public interest of the Munici-
ment of the environment and the economy of the Municipality and
lize commerce, industry and manufacturing, to promote the better-
to stimulate a large flow of private investment funds into the
Municipality; and
this body that the Project is a qualified "project" within
WHEREAS, it is the finding and determination of
the meaning of the Act and that the Eligible Participant is an
"eligible participant" within the meaning of the Act; and
this body that the Municipality would derive public benefits
WHEREAS, it is the finding and determination of
from the Project and its operation by the Eligible Participant,
including by way of illustration but not limitation the fol-
lowing: the provision and retention of gainful employment
opportunities for the citizens of the Municipality; the stimula-
tion of the flow of investment capital into the Municipality with
and the preservation and enhancement of the Municipality's tax
resultant beneficial effects on the economy in the Municipality:
base; and
WHEREAS, it is the finding and determination of this
body that the public interest will be served if the Munici-
pality were to encourage and induce the Eligible Participant to
undertake the Project in the Municipality;
NOW, THEREFORE, BE IT RESOLVED:
graph 2, the Municipality shall pursue and consummate a financing
1. Subject to the conditions specified in para-
having the following elements:
(a) The Municipality shall issue industrial develop-
ment revenue bonds pursuant to the Act in such amount not in
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excess of $600,000 as the Eligible Participant shall re-
quest. provided, however, that the actual amount shall not
be greater than the then estimated aggregate cost of pro-
viding the Project and paying the costs incident to the
financing (said bonds being hereinafter called the "Bonds").
derived from the Eligible Participant or otherwise provided
(b) The Bonds shall be payable solely out of revenues
ment purchase or similar agreement (hereinafter called the
for pursuant to the terms of a lease, sale, loan, install-
"Revenue Agreement") to be entered into between the Munici-
pality and the Eligible Participant.
(c) The Revenue Agreement shall require the Eligible
Participant to acquire, construct or install the Project and
to provide the Municipality with revenues sufficient to pay
when due the principal of, premium, if any, and interest on
the Bonds.
(d) The aonds shall have such maturities, interest
rates and redemption features as the Eligible Participant
shall propose, provided that such terms shall be substan-
tially similar to the terms of similar bonds by secured the
obligations of companies having substantially equivalent
credit to that of the Eligible Participant.
shall be on the following conditions:
2. The issuance of the Bonds by the Municipality
the Municipality within the meaning of any State constitu-
(a) The Bonds shall not constitute an indebtedness of
tional provision or statutory limitation.
(b) The Bonds shall not constitute or give rise to a
pecuniary liability of the Municipality or a charge against
its general credit or taxing powers.
(c) If the Municipality shall hold title to the
project while the Bonds are outstanding, the Eligible
Participant shall be subject to property taxation in the
same amount and to the same extent as though the Eligible
participant were the owner of the Project.
(d) The Eligible Participant shall be responsible for
finding a purchaser or purchasers for all Of the Bonds.
issuance and sale of the Bonds shall be paid either from the
(e) The out-of-pocket costs in connection with the
proceeds of the Bonds or by the Eligible Participant.
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electors of the Municipality shall have been given the
(f) Prior to the issuance of the Bonds: (i) the
opportunity to petition for a referendum on the matter of
the Bond issue as required by the Act: (ii) either no such
petition shall be timely filed or such petition shall have
been filed and said referendum shall have approved the Bond
issue; and (iii) this body, by further resolution, shall
have authorized and approved the terms of the Bonds and the
Revenue Agreement.
the delivery of the Bonds shall be accompanied with the
(9) The Bonds shall be issued pursuant to the Act, and
unqualified approving legal opinion of Messrs. Foley 6
Lardner, bond counsel, Milwaukee, Wisconsin, or such other
acceptable to the Municipality and the Eligible Participant.
nationally recognized firm of bond attorneys as shall be
3. The Clerk shall cause notice of adoption of this
Resolution to be published once in The Muskego Sun, (the Munici-
pursuant to Chapter 985 of the Wisconsin Statutes) in substan-
pality's official newspaper, for the publication of notices
copy of such public notice together with a copy of this Resolu-
tially the form attached to this Resolution, and shall cause a
tion to be filed with the Secretary of Business Development of
the State of Wisconsin within 10 days following publication of
such not ice.
4. This Resolution is an "initial resolution" within
the meaning of the Act and a "bond resolution or other similar
official action" within the meaning of Section 1.103-8(a)(5) of
the Treasury Regulations promulgated under Section 103 of the
Internal Revenue Code of 1954, as amended.
5. This Resolution shall be effective immediately
upon its passage and approval. Unless the Bonds shall have
given by this Resolution shall expire on March 14, 1979, or on
been issued prior thereto, the authorities and authorizations
such later date as this body may specify by resolution adopted
either before or after such date.
6. This Resolution supersedes and replaces Resolution
242-77 adopted October 25, 1977, and Resolution 224-77 adopted
October 11, 1977, which are hereby repealed.
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[Form of Notice to be Published by the Clerk]
NOTICE TO ELECTORS
OF THE
CITY OF MUSKEGO
TAKE NOTICE that the Common Council of the City of
March, 1978, adopted an initial resolution, pursuant to Section
Muskego, Wisconsin, at a lawful meeting held on the 14th day of
66.521 of the Wisconsin Statutes, authorizing the issuance of not
to exceed $600,000 principal amount of industrial development
revenue bonds on behalf of Precision Screw Thread Corp., a
Wisconsin corporation and Glenn R. Simpson, Jr., a principal
shareholder of said corporation, or any combination of the
foregoing (hereinafter called the "Eligible Participant"). The
purpose of the bond issue is to finance the construction, acquisi-
tion and installation costs of a project consisting of land,
building and equipment to be located in the City and operated for
the manufacture of screw thread products and related products.
THE BONDS SHALL NOT CONSTITUTE AN INDEBTEDNESS OF
THE CITY OF MUSKEGO; NOR SHALL THE BONDS GIVE RISE TO ANY PECU-
NIARY LIABILITY OF THE CITY; NOR SHALL THE BONDS BE A CHARGE
AGAINST THE GENERAL CREDIT OR TAXING POWER OF THE CITY. MTHER,
THE BONDS SHALL BE PAYABLE SOLELY FROM THE REVENUES AND OTHER
AMOUNTS DERIVED OR RESULTING FROM A REVENUE AGREEMENT TO BE
ENTERED INTO WITH THE ELIGIBLE PARTICIPANT.
and may be inspected by any elector of the City at the City Hall,
The aforesaid initial resolution is a public document
during business hours.
TAKE FURTHER NOTICE THAT THE ELECTORS OF THE CITY OF
MUSKEGO MAY PETITION FOR A REFERENDUM ON THE QUESTION OF THE BOND
ISSUE. Section 66.521(10)(d) of the Wisconsin Statutes, provides:
"(d) The governing body may issue bonds under this
section without submitting the proposition to the electors
of the municipality for approval unless within 30 days from
resolution for such bonds, a petition, signed by not less
the date of publication of notice of adoption of the initial
than 5% of the registered electors of the municipality, or,
if there is no registration of electors in the municipality,
by 10% of the number of electors of the municipality voting
determined under s. 115.01(13), is filed with the clerk
for the office of governor at the last general election as
of the municipality requesting a referendum upon the
question of the issuance of the bonds. If such a petition
majority of the electors of the municipality voting thereon
is filed, the bonds shall not be issued until approved by a
at a general or special election."
APPROVAL OF RESOLUTION BY MAYOR "_
The attached Resolution No. 53-78 , entitled - " - -
INITIAL RESOLUTION
RELATING TO
INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING
ON BEHALF OF
PRECISION SCREW THREAD CORP.
which was adopted by the Common Council of the City of Muskego,
Wisconsin, on March 14, 1978, is hereby approved.
Dated March 14, 1978.
CERTIFICATIONS BY CLERK
depose and certify that I am the duly (appointed) (elected),
I, Bette J. Bowyer, being first duly sworn, do hereby
qualified and acting Clerk of the City of Muskego, in the County
of Waukesha, State of Wisconsin, and as such I have in my posses-
sion, or have access to, the complete corporate records of said
City and of its Common Council; that I have carefully compared
records; that said transcript hereto attached is a true, correct
the transcript hereto attached with the aforesaid corporate
and complete copy of all the cor orate records in relation to the
adoption of Resolution No. 53-78 entitled:
INITIAL RESOLUTION
RELATING TO
INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING
PRECISION SCREW THREAD CORP.
ON BEHALF OF
I do hereby further depose and certify as follows:
1. Said resolution was considered for adoption
by the Common Council at a meeting held in the City Hall at
P.M. on March 14, 1978. Said meeting was a regular meeting
of the Common 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 thereof was given not less than 24 hours prior
to the 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 Hall, by notice to
meetings and by notice to the official newspaper of the City.
those news media who have filed a written request for notice of
who chaired the meeting. Upon roll I noted and recorded that the
3. Said meeting was called to order by Mayor Gottfried
followinq Aldermen were Dresent:
~ . Ford Pienkos ". ~-2.""" Dke ."L "" Schamberg, Tomczyk,
Wallner "_ and VanLanen
and that the following Aldermen were absent:
and business were taken up during the course of the meeting with- I noted and recorded that a quorum was present. Various matters
out intervention of any closed session. One of the-matters taken
up was said resolution which was introduced by and its adoption
was moved by Ald. Schaumberg ~ ~- , and seconded by Ald. Ford
~ ~~ .. Following discussion and after all
Aldermen who desired to do so had expressed their views
upon roll being called and the continued presence of a
for or against said resolution, the question was called and
quorum being noted, the recorded vote was as follows:
Aye: Ford Til" -
___~_ VanLanen
Pienkos
ScFiiin6erg "_ " "" __ "" ""
Tomcz& Wallner ~ -
Nay:
"" "~ ""
Abstain:
~"
Whereupon the Mayor declared said resolution adopted, and I so
recorded it .
March 14, 1978, and I have so recorded.
4. Said resolution was approved by the Mayor on
5. I have caused the "Notice to Electors" to be
published in the form and place specified in said resolution; and
I have filed a copy of said notice as published together with a
copy of said resolution with the Secretary of the Department of
Business Development of the State of Wisconsin within 10 days
following the publication of said notice.
IN WITNESS WHEREOF, I have signed my name and affixed
the seal of the hereto on this day of ,
1978.
[Municipal Seal]
Clerk
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
1 ss
Subscribed and sworn to before me this day, the
date last above written.
-. Notary Piblic
MY commission expires: ~
[Notarial Seal]