CCR1981017..- -w .. L
INITIAL RESOLUTION REGARDING
CITY OF MUSKEGO, WISCONSIN
INDUSTRIAL DEVELOPMENT REVENUE BONDS
WHEREAS, the City of Muskego, Wisconsin (the "Citytt), is
authorized by Section 66.521, Wisconsin Statutes, as amended (the
"Act"), to, among other powers, (i) construct, equip, reequip,
acquire by gift, lease or purchase, install, reconstruct, rebuild,
rehabilitate, improve, supplement, replace, maintain, repair,
enlarge, extend or remodel industrial projects, (ii) enter into
revenue producing agreements for the same in order to promote the
right to gainful employment, business opportunities and general
welfare of its inhabitants and to preserve and enhance its tax
base, (iii) borrow money and issue bonds to finance costs related
to such industrial projects, which bonds are to be payable solely
pertaining to the project to be financed by the bonds so issued
out of the revenues derived pursuant to the revenue agreement
and, in the event of default of such agreement, as may be author-
ized by this Council and permitted by law, and which bonds may be
secured by a mortgage and/or security interest in the project or
other security; and e WHEREAS, Dr. Arlen R. Delp ("Dr. Delp") has represented to
the City that he needs to finance certain of the costs of land
of a facility (the "Facility") to be used primarily as a medical
acquisition in the City and the constructing and equipping thereon
clinic by Muskego Medical Clinic, S.C., a Wisconsin professional
service corporation (which acquisition, construction, equipping
and related improvements and expenditures are herein called the
"Project") for an estimated cost of $300,000; and has had negoti-
ations with the City as to the feasibility of undertaking the
Project in the City or elsewhere and as to the financing of part
City of its industrial development revenue bonds pursuant to the
or all of the costs of the Project through the issuance by the
Act; and
WHEREAS, Dr. Delp will undertake to pay the City funds
on such bonds when issued and will agree to cause the Project to
sufficient to provide for prompt payment of principal and interest
be completed;
NOW, THEREFORE, BE IT RESOLVED bv this Common Council of the - City of Muskego:
the City from the development of the Project in the City and to
(1) In view of the considerable benefits to be derived by
induce and encourage Dr. Delp to undertake the Project in the
City, the City intends to consummate a project financing agreement
pursuant to which the City shall:
(a) issue, sell and deliver to purchasers procured by
Dr. Delp industrial development revenue bonds in an aggregate
amount not to exceed $300,000 in order to finance costs
related to the Project, which bonds shall be payable solely
from the revenues derived from a revenue agreement with
respect to the Project and in the event of default of such
agreement, as may be authorized by this Council and permitted
by law;
(b) acquire part or all of the Facility, if necessary
and proper pursuant to such project financing agreement;
(c) enter into a revenue agreement with Dr. Delp with
respect to at least that part of the Facility financed by
industrial revenue bonds, providing revenues sufficient to
pay principal of, and interest on, the bonds when due,
providing for completion of part or all of the Project by
Dr. Delp, and which may further provide for the right of
Dr. Delp to acquire any part of the Facility which the City
equal to the amount required to retire all the outstanding
shall have acquired previously, for the aggregate amount
bonds plus One Dollar ($1) or such other sum as may be
required by law; and
the revenues and other amounts therefrom to the bondholders (d) assign the revenue producing agreement and pledge
or to a trustee under an indenture of trust and enter into
such other appropriate arrangements which may be deemed
necessary, if any, including but not limited to, the grant-
the Facility, in order to further secure payment of prin-
ing of a mortgage and/or security interest in part or all of
cipal of, premium, if any, and interest on the bonds.
(2) The bonds issued to finance costs of the Project shall
never constitute an indebtedness of the City within the meaning
of any state constitutional provision or statutory limitation and
City or its officers or a charge against its general credit or
shall not constitute or give rise to a pecuniary liability of the
taxing powers.
(3) If the City owns any part of the Facility, taxes shall
be assessed to the user of such part of the Facility in the same
manner and amount as though such user owned such part.
(4) The appropriate officials of the City are hereby autho-
rized to negotiate the terms of the project financing agreement,
revenue producing agreement, any instruments of conveyance,
properly complete the financing provided that all such terms,
indenture of trust, if any, and any other documents required to
documents and procedures shall be subject to the conditions of
this Resolution and the provisions of the Act and shall not be
binding unless and until:
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(a) the details of the project financing agreement and
all documents pertinent thereto are reviewed, authorized and
approved by resolution of this Council;
opportunity to petition for a referendum on the matter of
the aforesaid bond issue as required by the Act;
(b) the electors of the City shall have been given the
(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
financing shall have been duly executed by the parties
thereto and delivered to the extent required.
(5) All commitments of the City and of Dr. Delp hereunder
(d) all documents required in connection with the
are subject to the condition that on or before three (3) years
from the date hereof (or such other date as shall be mutually
satisfactory to the City and Dr. Delp), the City and Dr. Delp
the revenue producing agreement referred to in paragraph 4 and of
shall have agreed to mutually acceptable terms and conditions of
the Bonds and other instruments or proceedings relating to the
Bonds.
(6) The City Clerk is hereby directed to publish notice of
adoption of this Resolution as a class 1 notice under Chapter
985, Wis. Stats., (relating to publication of official notices)
in the official newspaper of the City in substantially the form
attached to this Resolution.
(7) The City Clerk is hereby directed to file with the
Resolution together with a copy of the public notice of its
Secretary of Development of the State of Wisconsin a copy of this
adoption within ten days following publication of such notice.
Adopted a,// , 1981
City Clerk
Approved , 1981
Mayor
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OFFICIAL NOTICE
NOTICE TO ELECTORS OF THE CITY OF MUSKEM
WAUKESHA COUNTY, WISCONSIN
Waukesha County, Wisconsin at a lawful meeting held on the 10th
TAKE NOTICE that the Common Council of the City of Muskego,
day of Febmary, 1981, adopted an initial resolution, pursuant to
Section 66.521 of the Wisconsin Statutes, as amended, setting
forth the intent of the City: (1) to issue industrial develop-
ment revenue bonds in an amount not to exceed $300,000 for the
purpose of financing costs related to land acquisition in the
City and the construction and equipping thereon of a new facility
Clinic, S.C., a Wisconsin professional service corporation and
to be used primarily as a medical clinic by Muskego Medical
-respect to such financing.
(2) to enter into a revenue agreement with Dr. Arlen R. Delp with
THE BONDS SHALL BE PAYABLE SOLELY FROM THE REVENUES AND
OTHER AMOUNTS DERIVED OR RESULTING FROM A REVENUE AGREEMENT WITH
RESPECT TO THE FINANCED PROJECT OR, IN THE EVENT OF DEFAULT OF
SUCH AGREEMENT, AS OTHERWISE AUTHORIZED BY THE CITY OF MUSKEGO
AM) PERMITTED BY LAW. THE BONDS SHALL NOT CONSTITUTE AN
INDEBTEDNESS OF THE CITY OF MUSKEGO WITHIN THE MEANING OF ANY
NOT CONSTITUTE OR GIVE RISE TO A PECUNIARY LIABILITY OF TEE CITY
STATE CONSTITUTIONAL PROVISION OR STATUTORY LIMITATION, AND SFALL
OR ITS OFFICERS OR A CHARGE AGAINST ITS GENERAL CREDIT OR TAXING
POWERS.
0
The resolution may be inspected by any elector of the City
Avenue, Muskego, Wisconsin during business hours.
at the office of the City Clerk, City Hall, W182 58200 Racine
follows with respect to the opportunity to petition for a
referendum upon the question of the issuance of the Bonds:
Section 66.521(10)(d) of the Wisconsin Statutes reads as
"(d) The governing body may issue bonds under this
of the municipality for approval unless within 30 days from
section without submitting the proposition to the electors
the date of publication of notice of adoption of the initial
than 5% of the registered electors of the municipality, or,
resolution for such bonds, a petition, signed by not less
if there is no registration of electors in the municipality,
by 10% of the number of electors of the municipality votinq
determined under s.115 Ol(13). is filed with the clerk of
for the office of governor at the last general election as
of the issuance of the bonds. If such a petition is filed.
the municipality requesting a referendum upon the questisn
the bonds shall not be issued until appraved by a rnajorizy
e of the electors of the municipality voting thereon at a
general or special election."
Dated v-<h~a-q /o, 1981.
r-,
_1 City Clerk
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OFFICIAL NOTICE
RESOLUTION WAIVING PUBLIC BIDDING REQUIREMENT FOR
NOTICE OF CITY OF MUSKEGO
INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT
DR. ARLEN R. DELP
Waukesha County, Wisconsin at a lawful meeting held on the loch
day of February., 1981, adopted a resolution, pursuant to Section
66.521 of the' Wisconsin Statutes, as amended, setting forth the
intent of the City as follows:
TAKE NOTICE that the Common Council of the City of Muskego,
WHEREAS, the City of Muskego, Wisconsin (the "City"), has by
resolution of its Common Council expressed its intent to issue
bonds pursuant to Wis. Stats. Section 66.521 in an amount not to
exceed $300.000 for the purpose of financing on behalf of Dr.
Arlen R. Delp, certain of the costs of land acquisition in the
City and the constructing and equipping thereon of a new facility
Clinic, S.C., a Wisconsin professional service corporation (which
to be used primarily as a medical clinic by Muskego Medical
expenditures are herein called the "Project"); and
acquisition, construction, equipping and related improvements and
WHEREAS, Wis. Stats. 66.521(11)(b)1. provides in the first
sentence thereof that construction work which is let by contract
with industrial revenue bonds only if the contract is let to the
and which has an estimated cost exceeding $5,000 may be financed
advertised by publishing a class 2 notice under Ch. 985; and
lowest responsible bidder and proposals for the contract are
WHEREAS, Dr. Arlen R. Delp has informed the City that com-
pliance with the notice and public bidding requirement in the
hinder the expeditious commencement of the Project and result in
first sentence of Wis. Stats. Section 66.521(11)(b)l could
prevent Dr. Delp from taking advantage of existing relationships
additional costs to Dr. Delp and substantial delays and possibly
which would be most desirable for efficient completion of the
Project; and
WHEREAS, Wis. Stats. Section 66.521(11)(b) provides the City
with authority to waive the public bidding and anti-discrimination
requirements;
City of Muskego that this Common Council hereby finds that the
imposition of the public notice and bidding requirements of the
hinder the expeditious commencement of the Project and result in
first sentence of Wis. Stats. Section 66.521(11)(b)l. could
prevent Dr. Delp from taking advantage of existing relationships
additional costs to Dr Delp and substantial delays and possibly
xhich would be most desirable for efficient completion of the
Project; therefore, this Common Council pursuant to the authority
waives the requirements of the first sentence of Wis. Stats.
granted to it by Wis Stats. Section 66.521(11) (b)(2) hereby
NOW, THEREFORE, BE IT RESOLVED by this Common Council of the
Section 66.521(11)(b)l. with regard to the Project provided that
the revenue producing agreement for the financing shall contain 0 an indemnification provision satisfactory to the City;
FURTHER RESOLVED, that the City Clerk is hereby directed to
publish this resolution as a class 1 notice under Ch. 985, Wis.
newspaper in which the City's official notices are published
Stats. (relating to publication of official notices) in the
pursuant to such chapter.
Date:
7- - : -/.,' Lcubtq /C , 1981
City Clerk
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