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CCR19820408 RESOLUTION K40-82 CITY OF MUSKEGO, WISCONSIN INDUSTRIAL DEVELOPMENT REVENUE BONDS INITIAL RESOLUTION REGARDING WHEREAS, the City of Muskego, Wisconsin (the "City"), is authorized by Section 66.521, Wisconsin Statutes, as amended (the acquire by gift, lease or purchase, install, reconstruct, rebuild, "Act"), to, among other powers, (i) construct, equip, reequip, enlarge, extend or remodel projects described in the Act, (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 en- hance its tax base, (iii) borrow money and issue bonds to finance costs related to such 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 author- ized by this Council and permitted by law, and which bonds may be other security; and secured by a mortgage and/or security interest in the project or ). rehabilitate, improve, supplement, replace, maintain, repair, and/or Peter Geiss (the "Individuals") and/or a partnership to be WHEREAS, it has been represented to the City that James Buth formed of which the Individuals are general partners and/or a corporation to be formed of which the Individuals are shareholders desires to finance certain of the costs of acquiring land in the (individually or in combination referred to herein as the "Company") City and constructing and equipping thereon a facility to be used primarily as a medical clinic; and equipping and related improvements and expenditures (herein WHEREAS, it is expected that such acquisition, construction, called the "Project") will be for an estimated cost not to exceed $400,000 and negotiations have taken place with the City as to the feasibility of undertaking the Project in the City or elsewhere and as to the financing of part or all of the costs of the Project through the issuance by the City of its industrial development revenue bonds pursuant to the Act; City of Muskego: NOW, THEREFORE, BE IT RESOLVED by this Common Council of the 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 the Company 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 the Company industrial development revenue bonds in an costs related to the Project, which bonds shall be payable aggregate amount not to exceed $400.000 in order to finance . .. e e with respect to the Project and in the event of default of solely from the revenues derived from a revenue agreement such agreement, as may be authorized by this Council and permitted by law; (b) enter into a revenue agreement with the Company 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 and providing for completion of part or all of the Project by the Company; and (c) assign the revenue producing agreement and pledge the revenues and other amounts therefrom to the bondholders or to a trustee under an indenture of trust and enter into necessary, if any, including but not limited to, the grant- such other appropriate arrangements which may be deemed ing of a mortgage and/or security interest in part or all of the Project, in order to 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 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. rized to negotiate the terms of the project financing agreement, revenue producing agreement, indenture of trust, if any, and any provided that all such terms, documents and procedures shall be other documents required to properly complete the financing of the Act and shall not be binding unless and until: subject to the conditions of this Resolution and the provisions (3) The appropriate officials of the City are hereby autho- (a) the details of the project financing agreement and all documents pertinent thereto are reviewed, authorized and approved by resolution of this Council adopted within three (3) years from the date of adoption of this resolution; (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; such petition shall have been so filed and said referendum (c) either no such petition shall be timely filed or 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. -2- \ (4) The City Clerk is hereby directed to publish notice of 985, Wis. Stats., (relating to publication of official notices) adoption of this Resolution as a class 1 notice under Chapter in the official newspaper of the City in substantially the form attached to this Resolution. e City Clerk Approved -,, 1982 JTW64 : A -3- 7 NOTICE TO ELECTORS OF THE CITY OF MUSKEGO WAUKESHA COUNTY, WISCONSIN e TAKE NOTICE that the Common Council of the City of Muskego, Waukesha County, Wisconsin at a lawful meeting held on 1982, adopted an initial resolution, pursuant to Section 66.521 of the Wisconsin Statutes, as amended, setting forth the intent a of the City: (1) to issue industrial development revenue bonds in an amount not to exceed 5400,000 for the purpose of financing costs related to the acquisition of land in the City and construction and equipping thereon of a new facility to be used primarily as a medical clinic and (2) to enter into a revenue agreement with James Buth and/or Peter Geiss (the "Individuals") and/or a partner- and/or a corporation to be formed of which the Individuals are ship to be formed of which the Individuals are general partners shareholders with respect to such financing. b L OTHER AMOUNTS DERIVED OR RESULTING FROM A REVENUE AGREEMENT WITH RESPECT TO THE FINANCED PROJECT OR, IN THE EVENT OF DEFAULT OF AND PERMITTED BY LAW. THE BONDS SHALL NOT CONSTITUTE AN INDEBTED- SUCH AGREEMENT, AS OTHERWISE AUTHORIZED BY THE CITY OF MUSKEGO NESS OF THE CITY OF MUSKEGO 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 POWERS. ITS OFFICERS OR A CHARGE AGAINST ITS GENERAL CREDIT OR TAXING THE BONDS SHALL BE PAYABLE SOLELY FROM THE REVENUES AND The resolution may be inspected by any elector of the City at the office of the City Clerk, City Hall, W182 S8200 Racine Avenue, Muskego, Wisconsin during business hours. follows with respect to the opportunity to petition for a referen- Section 66.521(10)(d) of the Wisconsin Statutes reads as dum upon the question of the issuance of the Bonds: section without submitting the proposition to the electors of the municipality for approval unless within 30 days from the date of publication of notice of adoption of the initial resolution for such bonds, a petition, signed by not less than 5% of the registered electors of the municipality, or, by 10% of the number of electors of the municipality voting if there is no registration of electors in the municipality, for the office of governor at the last general election as determined under s.115.01(13), is filed with the clerk of the municipality requesting a referendum upon the question of the issuance of the bonds. If such a petition is filed, the bonds shall not be issued until approved by a majority "(d) The governing body may issue bonds under this