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CCR1970025RESOLUTION #25-70 RESOLUTION AUTHORIZING THE ISSUANCE OF A $52,500. PROMISSORY NOTE OF THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, PROVIDING DETAILS THEREOF AND LEVYING TAXES THEREFOR. WHEREAS, the City of Muskego, Waukesha County, Wisconsin, (sometimes hereinafter called the “City“), is presently in need of the sum of Ffty-two Thousand Five Hundred Dollars ($52,500.) for the purpose of paying part of the cost of acquiring sites for industrial purposes pursuant to Section 66.52 Wis. Stats.; and WHEREAS, the Common Council of the City deems it necessary and in the best interest of the City that said sum be borrowed pursuant to the provisions of Section 67.12(12), Wis. Stats., upon the terms and conditions hereinafter provided; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Muskego, Waukesha County, Wisconsin, that: Section I. The City of Muskego, Waukesha County, Wisconsin, e-’ borrow the amount of Fifty-two Thousand Five Hundred Dollars ($52,500.) for the purpose of paying part of the cost of acquiring sites for in- dustrial purposes pursuant to Wis. Stats. Section 66..52, from the First National Bank of Waukesha, Waukesha, Wisconsin. Section 2. To evidence such indebtedness, the Mayor and City Clerk shall make, execute and deliver to said lender for and on behalf of the City, the City’s general obligation promissory note, payable to the order of said lender, numbered I, dated March I, 1970, to bear interest at the rate of six and one-half per cent (6+Y0) per annum (said interest to be payable semiannually on March I and Septem- ber I of each year, commencing March I, 1971, and payable in install- ments of Twenty-four Thousand Dollars ($24,000.), payable on March I, 1975, and Twenty-eight Thousand Five Hundred Dollars ($28,500.) on March I, 1978. Principal and interest on this note shall be payable in lawful money of the United States of America at the First National . Bank of Waukesha, Waukesha, Wisconsin. The note shall be subject to e call and prior payment in whole or from time to time in part, at the option of the City on any interest payment date at the price of par. Section 3. The note shall be delivered to the lender upon receipt of the par value thereof, plus accrued interest to the date of delivery, and shall be in substantially the following form: Section 4. For the purpose of paying the principal and interest on the note as the same respectively falls due, there be and there hereby is levied on all of the taxable property of the City of Muskego, Waukesha County, Wisconsin, a direct, annual irrepealable tax for the following years and in the following amounts: .a 'fear of Levy I970 1971 I972 I973 I974 I975 I976 I977 Amount $ 5,l 18.75 3,412.50 3,412.50 3,412.50 26,632.50 1,852.50 1,852.50 29,426.25 In each of said years from 1970 to 1977, inclusive, the direct, annual, irrepealable tax hereinabove levied shall be carried into the tax roll each year and shall be collected in the same manner and at the same time as other taxes of the City for such years are collected; provided that, (I) if the loan is paid in full prior to maturity, the still uncollected portions of the tax levied to provide repayment need not be carried into the tax roll; and (2) if the holder of the Note agrees in writing to an extens ion of time, or the note is refunded as permitted herein, and the appropriate refunding note has been authorized and executed by the City, and the original note returned and canceled, then the still uncollected portions of the tax levied to provide the repayment of the original loan need not be carried into the tax roll but shall be replaced by the amounts levied to provide for the repayment of any such refunding note. So long as any part of the principal of or interest on the note remains unpaid the proceeds of said tax shall be segregated in the special fund established by Sec- tion 5 of this Resolution and used solely for the payment of principal of and interest on the note. If at any time there shall be on hand insufficient funds from the aforesaid tax levy sufficient to meet principal and/or inter- est payments on the note when due, the requisite amounts shall be paid from other funds of the City then available, which sums shall be re- placed upon the collection of the taxes herein levied. Section 5. There is hereby established in the City Treasury Sinking Fund for Promissory Note dated March I, 1970, which fund shall be used solely for the purpose of paying principal of and interest on the note. There shall be deposited in said fund all accrued interest paid on the note at the time it is delivered to the lender, all money raised by taxation pursuant to Section 4 hereof, and such other sums as may be necessary to pay interest on the note when the same shall become due and to retire said note on its installment dates. a fund separate and distinct from al I other funds of the City, designated Section 6. The City Clerk, the City haviqno Comptroller, shall keep, maintain and preserve an adequate and correct register account of the note and all payments and other transactions relating thereto and the City Clerk shall provide and keep a separate record book and shal.1 record a full and correct statement of every step or proceeding had or taken in the course of authorizing and issuing the note. Section 7. The note shall be executed as soon after adoption of this Resolution as possible except not prior to March I, 1970, and shall be delivered to the lenders thereof upon receipt of the borrowed funds and accrued interest to date of del i very. Adopted this IO day of February, 1970. A Mayor ATTEST: Recorded this day of February, 1970. a March I, 1970 STATE OF WISCONSIN COUNTY OF WAUKESHA CITY OF MUSKEGO PROMISSORY NOTE $52,500 - FOR VALUE RECEIVED, the City of Muskego, Waukesha County, Wisconsin, promises to pay to the order of The First National Bank of Waukesha, Waukesha, Wisconsin, the sum of Fifty-two Thousand Five Hundred Dollars ($52,5001, in installments of Twenty-four Thousand Dollars ($24,000) on the first day of March, 1975, and Twenty-eight Thousand Five Hundred Dollars ($28,500) on March I, 1978, together with interest on the unpaid balance thereof at the rate of six and one- half per cent (6+y0) per annum, said interest to be payable semiannually on the first days of March and September in each year, commencing March I, I97 I. Both principal hereof and interest hereof are hereby made payable in lawful money of the United States of America at the First National Bank of Waukesha, Waukesha, Wisconsin, and for the prompt payment of this note, with interest thereon as aforesaid, and the levying and collection of taxes sufficient for that purpose, the full faith, credit and resources of the City of Muskego are hereby irrevocably p I edged. e This note is subject to prepayment in whole, or from time to time in part, at any time at the option of the City at the price of the par value of the prepayment then being made. This note is issued pursuant to the provisions of Section 67.12(12), Wisconsin Statutes, for the purpose of paying part of the cost of acquiring sites for industrial purposes pursuant to Wis. Stat. Section 66.52, and is authorized by a resolution of the Common Council of the City, duly adopted by at least a two-thirds vote of the members-elect of said Common Council at its meeting duly con- vened on February IO, 1970, which resolution is recorded in the official book of its minutes for said date and is entitled, Resolution Authorizing the Issuance of a $52,000 Promissory Note of the City of Muskego, Waukesha County, Wisconsin, Providing Details Thereof and Levying Taxes Therefor It is hereby certified and recited that all conditions, things and acts required by law to exist or to be done prior to and in connection with the issuance of this note have been done, have existed and have been performed in due form and time; that the aggregate indebtedness of the City does not exceed any limitation imposed by law or the Constitution of the State of Wisconsin; and that the City has levied a direct, annual, irrepea!able tax sufficient to pay this note, together with interest thereon when and as payable. No delay or omission on the part of the holder hereof to 0 exercise any right hereunder shal I impa i r such right or be considered as a waiver thereof or as a waiver of or acquiescence in day default hereunder. IN WITNESS WHEREOF, the Common Council of the City of Muskego, Waukesha County, Wisconsin, has caused this note to be signed on the behalf of said City by its duly elected Mayor and City Clerk, and its corporate seal to be hereto affixed, as of the first day of March, 1970. CITY OF MUSKEGO BY: BY: City Clerk