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CCR1978052RESOLUTION 52-78 CITY OF MUSKEGO, WISCONSIN INDUSTRIAL DEVELOPMENT REVENUE BONDS INITIAL RESOLUTION REGARDING authorized by Section 66.521 Wisconsin Statutes, as amended (the WHEREAS, the City of Muskego, Wisconsin (the "City") , is "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 out of the revenues derived pursuant to the revenue agreement pertaining to the project to be financed by the bonds so issued and, in the event of default of such agreement, as may be authorized 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 of Joseph J. Surinak, Harriet G. Surinak and John J. Surinak (said individuals being the principal stockholders of Surinak Engineering a Wisconsin corporation (the "Company"), [Surinak Development and & Manufacturing, Inc.) and Surinak Engineering & Manufacturing, Inc. the Company being hereinafter called the "Participants"], have represented to the City that they need to acquire land in the City to construct an industrial building thereon and to purchase equipment to be installed in such building, all to be initially manufacturing, storing and distributing products used in the water utilized by the Company in connection with its business of well industry (which land, building and financed equipment and related improvements are herein called the "Project"), for an with the City as to the feasibility of undertaking the Project in estimated cost not to exceed $500,000; and have had negotiations costs of the Project through the issuance by the City of its the City or elsewhere and as to the financing of part or all of the industrial development revenue bonds pursuant to the Act. WHEREAS, Surinak Development, a general partnership consisting the City of Muskego: NOW, THEREFORE, BE IT RESOLVED by this Common Council of by the City from the development of the Project in the City, and to induce and encourage the Participants to undertake the Project in the City, the City intends to consummate a Project Financing Agreement pursuant to which the City shall: 1. In view of the considerable benefits to be derived by the Participants industrial development revenue bonds in the aggregate amount of not to exceed $500,000 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; (a) Issue, sell and deliver to purchasers procured (b) Acquire part or all of the Project, if Agreement; necessary and proper pursuant to such Project Financing (c) Enter into a revenue agreement with the Participants with respect to at least that part of the Project financed by industrial revenue bonds, providing revenues sufficient to pay principal of, and interest on, the bonds when due, providing for construction, acquisition and/or installation of part or all of the provide for the right of the Participants to acquire Project by the Participants and which may further that part of the Project which the City shall have acquired previously, for the aggregate amount equal to plus One Dollar (~$1.00) or such other sum as may be the amount required to retire all the outstanding bonds required by law; and pledge the revenues and other amounts therefrom to the bondholders or to a trustee under an indenture of trust may be deemed necessary, if any, including but not and enter into such other appropriate arrangements which interest in part or all of the Project, in order to limited to, the granting of a mortgage and/or security further secure payment of principal of, premium, if any, and interest on the bonds. 2. The bonds issued to finance costs of the Project shall (d) Assign the revenue producing agreement and never constitute an indebtedness of the City within the meaning of any state constitutional provision or statutory limitation and shall not constitute or give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. be assessed to the user of such part of the Project in the same manner and amount as though such user owned such part. 3. If the City owns any part of the Project, taxes shall -2- authorized to negotiate the terms of the Project Financing Agree- ment, revenue producing agreement, any instruments of conveyance, properly complete the financing provided that all of 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 4. The appropriate officers of the City are hereby ,e binding unless and until: (a) The details of the Project Financing Agreement and all documents pertinent thereto are reviewed, authorized and approved by resolution of this Council; , (b) The electors of the City shall have been given the opportunity to petition for a referendum on the matter of the aforesaid bond issue as required by the Act; (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 (d) All documents required in connection with the financing shall have been duly executed by the parties thereto and delivered to the extent required. of adoption of this Resolution as a class 1 notice under Chapter 5. The City Clerk is hereby directed to publish notice 985 Wisconsin Statutes, (relating to publication of official notices) in the official newspaper of the City in substantially the form attached to this Resolution. 6. The City Clerk is hereby directed to file with the Secretary of Business Development of the State of Wisconsin a copy of this Resolution together with a copy of the public notice of its adoption within ten days following publication of such notice. Adopted , 1978 -3- NOTICE TO ELECTORS OF THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN TAKE NOTICE, that the Common Council of the City of Muskego, Waukesha County, Wisconsin, at a lawful meeting held on 4 to Section 66.521 of the Wisconsin Statutes, as amended, setting the a day of March, 1978, adopted an initial resolution, pursuant bonds in an amount not to exceed $500,000 for the purpose of forth the intent of the City to issue industrial development revenue financing costs related to the acquisition of land in the City, the construction of a building thereon and the purchase and installation of equipment for such building by Surinak Development, a general partnership consisting of Joseph J. Surinak, Harriet G. Surinak and John 3. Surinak, and Surinak Engineering L Manufacturing, Inc., Engineering L Manufacturing, InC..-in 'connection with its business a Wisconsin corporation,-to be -initially utilized-bysurinak water well industry. such initial resolution.furtlier sets forth of manufacturing, storing and distributing of products used-.in-~the 'z the -intent of the'city to enter into a revenue agreement with respect to such financing. 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 AND. .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 THE CITY STATE-CONSTITUTIONAL PROVISION OR STATUTORY LIMITATIONl AND SHALL OR A CHARGE AGAINST ITS GENERAL CREDIT OR TAXING POWERS. at the office of the City Clerk, City Hall, W182 58200 Racine Avenue, Muskego, Wisconsin during business hours. The resolution may be inspected by any elector of the City The bonds will be issued without submitting the proposition to the electors of the City for approval unless within 30 days from the date of publication of this notice a petition, signed by with the City'Clerk requesting a referendum upon the question of not less than 5% of the registered electors of the City, is filed the issuance of the bonds. If such petition is filed, the bonds shall not be issued until approved by a majority of the electors of the City voting thereon at a general or special election. Dated March gf , 1978. I, Cl'ty Clerk