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CCR1974151RESOLUTION #151-74 RESOLUTION RELATING TO THE FINANCING OF AN INDUSTRIAL PROJECT FOR INTERSTATE TOOL & ENGINEERING CO.. @ construct a new plant in the City of Muskego (the "Municipality") WHEREAS, Interstate Tool & Engineering Co. ("Company") intends to and would thereby contribute to the well being of the Municipality in tenns of the gainful employment of its citizens and preservation and enhancement of its tax base; and WHEREAS, in connection with the construction and equipping of the new plant, Company has represented to the Municipality that it would be an encouragement and an inducement for Company to expand its operations in the Municipality if this project could be financed with industrial development revenue bonds; and WHEREAS, the project is described as follows: land, buildings and equipment all of which together comprise a new manufacturing facility (herein collectively called the "project") ; and WHEREAS, the cost of the Project is presently estimated to be not greater than $300,000.00; and WHEREAS, it is in the best interests of the Municipality to promote, attract, stimulate, rehabilitate and revitalize commerce, industry and manufacturing, to promote the betterment of th environment of the Municipality and to stimulate a large flow of private investment funds into the Municipality; and WHEREAS, it is the finding and determination of this Council that it is desirable for the Municipality to encourage Company to condust operations in the Municipality so that the Municipality may derive substantial municipal benefits, including retention of and more steady employment for its citizens, maintenance or increase iniits tax base resulting in greater support for minicipal services, stimulation of existing and new businesses, stimulation of private investment funds from financial institutions; and WHEREAS, the Municipality, as a municipal corporation organized and existing under and pursuant to the laws of the State of Wisconsin, is authorized by Section 66.521 of the Wisconsin Statutes to: (1) Construct, equip, acquire by gift or purchase reconstruct, improve, maintain or repair industrial projects, and enlarge or remodel industrial projects; (2) Issue industrial development revenue bonds to finance the costs of the above; and (3) Enter into lease or lease purchase agreements with any person for the industrial project. NOW, THEREFORE, BE IT RESOLVED, by the Common Coucnil of the Munic- ipality as follows: Resolution #151-74 - Cont'd. Page 2. 1. Subject to the conditions enumerated hereafter, this Council agrees that the Municipality shall work toward the con- summation of a Plan of Financing pursuant to which the Municipality shall: (a) purchase and/or cause to be constructed and installed the Project at a price not exceeding $300,000.00; (b) issue industrial development revenue bonds in an aggregate amount equal to the cost of the Project and not to exceed $300,000.00 (the "Industrial Bonds") in order to finance said project, which bonds shall be payable solely out of the revenues derived from the leasing or sale of the Project; price sufficient to pay when due the principal of an interest on the Industrial Bonds so issued; (d) provide for a rate or rates of interest on said Industrial Bonds of not less than 3% nor more than 8%, the actual effective rate to be approximately that payable on similar tax exempt bonds secured by an obligation of companies of equivalent credit to Company; (e) provide for a sale price for said Industrial Bonds of not less than the par value thereof; (f) provide for said Industrial Bonds with annual maturities comnencing not later than 15 years after the date thereof; and (g) provide for a final maturity of said Industrial Bonds not less than 5 nor more than 25 years after the date thereof. @ @ (c) lease or sell the Project to Company at a rental or installment 2. The aforesaid Plan of Financing contemplates and is conditioned upon the following: (a) That the Industrial Bonds shall never constitute and indebtedness of the Municipality within the meaning of any state constitutional provision or statutory limitation; (b) That the Industrial Bonds shall not constitute or a charge against its general credit or taxing powers; nor give rise to a pecuniary liability of the Municipality (c) The Company shall be subject to property taxation in the same amount and to the same extent as though Company were the owner of the Project; (d) That Company shall find a purchaser for all of the Industrial Bonds; (e) That the out-of-pocket costs in connection with the issuance and sale of the Industrial Bonds shall be paid either from the proceeds of said bonds or by Company. 3. The appropriate officials of the Municipality are hereby authorized to negotiate the terms of the Plan of Financing and to execute an agreement with Company and the prospective purchaser(s) of the bonds setting forth said terms. 4. The Plan of Financing shall not be finally implemented unless and until: (a) the details and mechanics of same are (b) the electors of the Municipality shall have been given the opportunity to petition for a referendum on the matter of the aforesaid bond issue as required by law; and (c) either no such a authorized and approved by a further resolution of this Council; Resolution 11151-74 - Cont'd. Page 3. petition shall be timely filed OK such petition shall have been filed and said referendum shall have approved the bond issue. The Plan of Financing, however, shall be implemented prior to the completion of the Project, and not later than December 1, 1975. DATED THIS 13 DAY OF Dl. 8 , 1974. FINANCE COMMITTEE Jerome J. Gottfried Edwin P. Dumke ATTEST: u City Clerk