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CCR1982047D RESOLUTION 247-82 RESOLUTION WAIVING PUBLIC BIDDING REQUIREMENT FOR INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT CITY OF MUSKEGO, WISCONSIN WHEREAS, the City of Muskego, Wisconsin (the "City"), has by bonds pursuant to Wis. Stats. Section 66.521 in an amount not to resolution of its Common Council expressed its intent to issue Buth and/or Peter Geiss (the "Individuals") and/or a partnership exceed $400.000 for the purpose of financing on behalf of James to be formed of which the Individuals are general partners and/or holders (individually or in combination referred to herein as the a corporation to be formed of which the Individuals are share- "Company"), certain of the costs of acquiring land in the City primarily as a medical clinic (which acquisition, construction, and constructing and equipping thereon a new facility to be used equipping and related improvements and expenditures are herein called the "Project"); and WHEREAS, Wis. Stats. 66.521(11)(b)l. provides in the first sentence thereof that construction work which is let by contract and which has an estimated cost exceeding $5,000 may be financed with industrial revenue bonds only if the contract is let to the advertised by publishing a class 2 notice under Ch. 985; and lowest responsible bidder and proposals for the contract are WHEREAS, the Individuals have 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 additional costs to the Company and substantial delays and possibly prevent the Company from taking advantage of existing relation- the Project; and ships which would be most desirable for efficient completion of WHEREAS, Wis. Stats. Section 66.521(11)(b) provides the City with authority to waive the public bidding requirement described in Section 66.521(11)(b)l.; City of Muskego that this Common Council hereby finds that the imposition of the public notice and bidding requirements of the first sentence of Wis. Stats. Section 66.521(11)(b)l. could hinder the expeditious commencement of the Project and result in additional costs to the Company and substantial delays and possibly prevent the Company from taking advantage of existing relationships which would be most desirable for efficient completion of the Project; therefore, this Common Council pursuant to the authority granted to it by Wis. Stats. Section 66.521(11) (b)(2) hereby waives the requirements of the first sentence of Wis. Stats. Section 66.521(11)(b)l. with regard to the Project provided that the revenue producing agreement for the financing,shall contain an indemnification provision satisfactory to the City; NOW, THEREFORE, BE IT RESOLVED by this Common Council of the FURTHER RESOLVED, that the City Clerk is hereby directed to publish this resolution as a class 1 notice under Ch. 985, Wis. Stats. (relating to publication of official notices) in the newspaper in which the City's official notices are published pursuant to such chapter. 9 Adopted City Clerk Approved , 1982 JTW64 : C -2- RESOLUTION WAIVING PUBLIC BIDDING REQUIREMENT NOTICE OF CITY OF MUSKEG0 INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT Waukesha County, Wisconsin at a lawful meeting held on 1982, adopted a resolution, pursuant to Section 66.521 of the City as follows: TAKE NOTICE that the Common Council of the City of Muskego, ) Wisconsin Statutes, as amended, setting forth the intent of the 3 WHEREAS, the City of Muskego, Wisconsin (the "City"), has by bonds pursuant to Wis. Stats. Section 66.521 in an amount not to resolution of its Common Council expressed its intent to issue exceed 5400,000 for the purpose of financing on behalf of Dr. James Buth and/or Peter Geiss (the "Individuals") and/or a partner- ship to be formed of which the Individuals are general partners and/or a corporation to be formed of which the Individuals are as the "Company") certain of the costs of acquiring land in the shareholders (individually or in combination referred to herein City and constructing and equipping thereon a new facility to be used primarily as a medical clinic (which acquisition, construc- tion, equipping and related improvements and expenditures are herein called the "Project"); and b WHEREAS, Wis. Stats. 66.521(11)(b)l. provides in the first b 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 $S,OOO may be financed lowest responsible bidder and proposals for the contract are advertised by publishing a class 2 notice under Ch. 985; and WHEREAS, the Individuals have 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 additional costs to the Company and substantial delays and possibly prevent the Company from taking advantage of existing relation- the Project; and ships which would be most desirable for efficient completion of WHEREAS, Wis. Stats. Section 66.521(11)(b) provides the City with authority to waive the public bidding requirement described in Section 66.521(ll)(b)l.; a NOW, THEREFORE, BE IT RESOLVED by this Common Council of the City of Muskego that this Common Council hereby finds that the imposition of the public notice and bidding requirements of the first sentence of Wis. Stats. Section 66.521(11)(b)l. could hinder the expeditious commencement of the Project and result in additional costs to the Company and substantial delays and possibly prevent the Company from taking advantage of existinq relationships Project; therefore, this Common Council pursuant to the authority which would be most desirable for efficient completion of the granted to it by Wis. Stats. Section 66.521(11) (b)(2) hereby waives the requirements of the first sentence of Wis. Stats. Section 66.521(11)(b)l. with regard to the Project provided that the revenue producing agreement for the financing shall contain 1) 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 pursuant to such chapter. Stats. (relating to publication of official notices) in the Date: <? ,/ A3 , 1982 v City Clerk JTW64 : D -2-