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CCR1982133RESOLUTION #133-82 APPROVAL OF TEMPORARY OCCUPANCY OF TRUCK CAMPER ON RACINE AVENUE WHEREAS, Richard and Marlene Simandl, owners of property located at W191 S9475 Racine Avenue, a 20-acre U-Pick Farm, have requested n permit to live in their truck camper until October 31, 1982, and WHEREAS, Ch. 12, Sec. lO(3) of the City's Municipal Code permits the Common Council to issue a special permit outside of a trailer camp, and WHEREAS, the request to the city clerk's office was accompanied by the inspection fee of $15.00, and WHEREAS, an inspection of the sanitary facilities was made by the city's plumbing inspector and the Waukesha County Sanitarian and were found to be adequate, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego does hereby approve of a special permit to have Richard and Marlene Simandl occupy their truck camper at W191 S9475 Racine Avenue, until October 31, municipal code. 1982, in accordance with Ch. 12, Sec. lO(3) of the city's h DATED THIS 3 .. DAY OF $.& " FINANCE COMMITTEE Ald. Mitchel Penovich ATTEST : City Clerk 6/82 je of Common Council Held July 13, 1982 Excerpts of Minutes of Meeting P Waukesha County, Wisconsin, was held in open session on July 13, 1982 and called to order by His Honor, Mayor Salentine at 7:30 P.M. in the Council Chambers, City Hall. The following Aldermen were present: Richard S. Nilsson, Jr., Charles Colburn, Mitchel Penovich, Robert Klenz, Blenda Treba and Edwin-P. Dumke A regular meeting of the Common Council of the City of Muskego, The following Aldermen were absent: Ralph R. Tomczyk meeting of the Common Council. Notice of this meeting was given to the The Mayor opened the meeting by announcing that this was an open public by forwarding the complete agenda to the official City newspaper, the Muskego Sun, and to all news media who have requested the same as well as posting. Copies of the complete agenda were available for inspection at the City Clerk's office. Anyone desiring off ice. information as to forthcoming meetings should contact the City Clerk's (Here occurred matters not pertinent to the note issue.) The City Clerk announced that sealed bids had been received for the note issue, which had beenadvertised for bids pursuant to the action of the Council. The City Clerk indicated that each such bid was details as to each bid submitted: accompanied by a $36,800 good faith check and read the following BID TABULATION 0 $1,840,000 General Obligation Promissory Notes City of Muskego, Irlisconsin SALE: Tuesday, July 13, 1952 AWARD: DAIN BOSWORTH, INC. MOODY'S RATING: "Baa-1" NET INTEREST COST NAME OF BIDDER RATES YEARS & RATE PRICE DAIN BOSWORTH, INC. 9.25% 1983 $417,860.00 $1,805,040.00 American National Bank and Trust Company 10.60% First National Bank of Minneapolis The First National dank of Saint Paul Moore, Juran & Company, Inc. Minneapolis, Minnesota 9.75% 1984 CONTINENTAL ILLINOIS NATIONAL BANK AND 9.50% 1983 TRUST COMPANY OF CHICAGO 10.00% 1984 Chicago, Illinois Kidder, Peabody & Company, Inc. Warburg Paribas Becker/A. G. Becker Bacon Whipple & Company Sauerman Securities, Inc. FIRST WISCONSIN NATIONAL BANK OF MILWAUKEE 10.00% 1983 Milwaukee, Wisconsin 10.25% 1984 E. F. HUTTON & COMPANY, INC. Chicago, Illinois Clayton Brown & Associates, Inc. Piper, Jaffray & Hopwood, Inc. Dougherty, Dawkins, Strand & Yost, Inc. THE NORTHERN TRUST COMPANY LaSalle National Bank Robert W. Baird & Co., Inc. Croake Roberts, Inc. Channer Newman Securities, Inc. Chicago, Illinois - In Association With - MARINE NATIONAL EXCHANGE BANK Blunt, Ellis & Loewi, Inc. Milwaukee, Wisconsin Cronin & Marcotte, Inc. 10.00% 1983 10.50% 1984 $422,190.00 $1,810,560.00 10.71% $434,505.00 $1,808,720.00 11.02% $445,350.00 $1,807,100.00 11.30% EHLERS AND ASSOCIATES, INC. 507 Marquette Avenue Financial Specialists Telephone: (612) 339-8291 Minneapolis, Minnesota 55402 The City Clerk read the following resolution: Resolution No. 134-82 Resolution Awarding Notes WHEREAS this City has duly received sealed proposals for its issue of $1,840,000 Promissory Notes: and WHEREAS it has been determined that the best proposal received was that submitted by Dain Bosworth, InC. and associates; NOW, THEREFORE, BE IT RESOLVED that the proposal Of Dain Bosworth. Inc. and associates, be and it hereby is accepted and the Mavor and Citv Clerk are authorized and directed to exec;te an acceptance of the oifer of said successful purchaser on behalf of the City: FURTHER RESOLVED that the check of the successful purchaser be retained by the City Treasurer until actual closing of the note issue and checks of the unsuccessful bidders be promptly returned. moved that Resolution No. 134-82 be adopted. Motion seconded by Alderman Penovich and carried by the following vote: Ayes: Richard s. Nilsson, Jr., Charles Colburn, Mitchel Penovich, Alderman Colburn ) Robert Klenz, Blenda Treba and Edwin P. Dmke NOS: None The City Clerk read the following resolution: Resolution No. 135-82 "A Resolution Authorizing the City of Muskego to Borrow the Sum of $1,840,000 Pursuant to Section 67.12(12) of the Wisconsin Statutes for Corporate Purposes WHEREAS the City of Muskego, Waukesha County, Wisconsin (sometimes hereinafter called the "City"), is presently in need of the sum of One Million Eight Hundred Forty Thousand Dollars ($1,840,000) for the purpose of paying part of the costs Of temporary funding of acquisition of lands, permanent improvements of lands, public work OK improvement and for equipment consisting of projects outlined in the tax increment 1 I ~ expenses: and project plans for T.1.D.s NO. 1 through 7 and for general and current 2 the best interest of the City that said sum be borrowed pursuant to the WHEREAS the Common Council of the City deems it necessary and in conditions hereinafter provided: 0 provisions of Section 67.12(12), Wis. Stats., upon the terms and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Muskego, Waukesha County, Wisconsin, that: Wisconsin, borrow the amount of $1,840,000 from above stated. Section 1. The Loan. The City of Muskego, Waukesha County, Dain Bosworth, Inc. for the pur-pose Section 2. The Notes. To evidence such indebtedness, the Mayor and City Clerk shall make, execute and deliver to said lender, for and on behaif of the City 368.general obligation promissory notes.of the City, payable to bearer, in the denomination of Five Thousand Dollars ($5,000) each, numbered from 1 through 368, and dated July 1, 1982 (the "Notes"). The Notes shall mature serially on October 1 of each of the years and shall bear interest as follows: Year Amount Interest 1983 1984 1,640,000 9.15 $ 200,000 9.25 % I Said interest shall be payable on April 1 and October 1 of each year, - commencing April 1, 1983, in accordance with, and upon presentation and surrender of, the interest coupons to be attached thereto. The Notes shall be callable as provided in the note form herein established. Section 3. Form of Notes and Coupons. The Notes and coupons to be attached thereto shall be in substantially the following form: 3 UNITED STATES OF AMERICA COUNTY OF WAUKESHA STATE OF WISCONSIN CITY OF MUSKEG0 PROMISSORY NOTE No. $5,000 FOR VALUE RECEIVED, the City of Muskego, Waukesha County, Wisconsin, promises to pay to bearer the sum of FIVE THOUSAND.DOLLARS ($5,000) on the first day of , 19-, together with interest thereon at the rate of per cent (- annum, said interest to be payable semiannually on the first days of %) Per April and October in each year, commencing April 1, 1983, in accordance with, and upon presentation and surrender of, the interest coupons attached hereto as they severally become due. Notes of this issue maturing in the year 1984 shall be subject to call and prior payment in whole or from time to time in part by lot at the option of the City on October 1, 1983 or any interest payment date thereafter at the price of par plus accrued interest. Not less than thirty (30) days‘ notice of such call shall be given by the publication of a notice thereof once in a newspaper published in Chicago, Illinois, which customarily publishes like notices as a part of its regular service. r Both urinciDal hereof and interest hereon are herebv made pavable in lawfulLmoney-of the-United States of America ,at American National Bank and Trust Company , in St. Paul , Minnesota , 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, Wisconsin are hereby irrevocably pledged. This Note is issued pursuant to the provisions of Section 67.12(12), Wisconsin Statutes, for the purposes of paying part of the costs of acquisition of lands, permanent improvement of lands; equipment and general and current expenses and is authorized by a. resolution of the Common Council of the City of Muskego, duly adopted by at least a two-thirds vote of the members-elect of said Common Council at its meeting duly convened on July 13, 1982, which resolution is recorded in the official book of its minutes for said date and is referred to as Resolution No. 135-82in said minutes. It is hereby certified and recited that all conditions, things and with the issuance of this Note have been done, have existed and have acts required by law to exist Or to be done prior to and in connection been performed in due form and time; that the aggregate indebtedness of herewith, does not exceed any limitation imposed by law or the the City, including this Note and others authorized simultaneously Constitution of the State of Wisconsin; and that the City has levied a direct, annual irrepealable tax sufficient to pay this Note, together with interest thereon when and as payable. 4 any right hereunder shall impair such right or be considered as a hereunder. No delay or omission on the part of the holder hereof to exercise waiver thereof or as a waiver of or acquiescence in any default Waukesha County, Wisconsin, has caused this Note to be signed on behalf IN WITNESS WHEREOF, the Common Council of the City of Muskego, of said City by its duly elected.Mayor and City Clerk, the former by his facsimile signature, its corporate seal or a facsimile thereof to be impressed or imprinted hereon, and the attached coupons to be signed by the facsimile signatures of its Mayor and City Clerk, each -of whom. City Clerk, does adopt his aforesaid facsimile signature as and for his in his respective capacity by the mangal execution of this Note by the own proper signature, all as of this first day of July, 1982. CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN BY City Clerk BY (facsimile) Mayor (Form of Coupon) No. $ On the first day of - , 19-, the City of Muskego, Waukesha County, Wisconsin, promises to pay to bearer the amount shown hereon in 1aWfUi~mOney of the-United States of America at American National interest due that day on its Promissory Note dated July 1, 1982, No. " Bank and Trust Company , in St. Paul , Minnesota , for CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN BY (facsimile) BY (facsimile) City Clerk Mayor numbered 3 and up on Notes 41/368) (Clause to be added to coupons "Unless the Note to which this coupon is attached shall have been called for prior redemption . . ." a l 5 Section 4. Tax Provisions. Davinq the orincipal of and interest on each of said Notes as the same 1. For the purpose of " - respectivel; falls due, the full faith, credit and taxing powers of the City are hereby irrevocably pledged and there be and there hereby is levied on all of the taxable property in the City of Muskego a direct, annual irrepealable tax in an amount and at the times sufficient for said purpose, such tax to be for the following years and in the following minimum amounts: For the year 1982 $ 423,001.84 For the year 1983 1,799,900.00 power to repeal such levy or obstruct the collection of said tax until (B) Tax Collection. The City shall be and continue without of the Notes, said tax shall be, from year to year, carried into the all such paGments have been made OK provided for. After the issuance provided that the amount of tax carried into said tax rolls may be tax rolls of the City and collected as other taxes are collected, Fund created in Section 5(A) hereof. reduced in any year by the amount of any surplus money in the Sinking insufficient funds from the aforesaid tax levy sufficient to meet (C) Additional Funds. If at any time there shall be on hand principal and/or interest payments on said Notes when due, the requisite amounts shall be paid from other funds of the City then available, which sums shall be replaced upon the collection of the taxes herein levied. - Section 5. Sinking Fund. established in the treasurv of the City a fund seDarate and distinct (A) Creation and Deposits. There be and there hereby is from every other fund, designated as "The Sinking-Fund for $1,840,000 'Promissory Notes' dated July 1, 1982," and such fund shall be maintained until the indebtedness evidenced by the Notes is fully paid or otherwise extinguished. The City Treasurer shall deposit in such Sinking Fund (i) all accrued interest received by the City at the-time of delivery of and payment for the Notes: (ii) the taxes herein levied for the specific purpose of meeting principal of and interest on the Notes when due: (iii) such other sums as may be necessary at any time premium which may be received by the City over and above the par value to pay principal of and interest on the Notes when due: (iv) any of the Notes and accrued interest thereon and any amount by which the discount bid is less than the maximum allowable discount; (v) surplus monies in the Borrowed Money Fund as specified-in Section 6 hereof; and Stats. (vi) such further deposits as may be required by Sec. 67.11, Wis. (8) Use and Investment. No money shall be withdrawn from the Sinking Fund and appropriated for any purpose other than the payment of principal of and interest on the Notes until all such principal and interest has been paid in full and canceled; provided (i) the funds to provide for each payment of principal of and interest on 6 the Notes may be invested in direct obligations of the United States of America maturing no later than ten days prior to the time such payments requirement for principal and interest on the Notes may be used to reduce the next succeeding tax levy, or may, at the option of the City, be invested by purchasing the Notes as permitted by and subject to Section 67.11(2)(a), Wis. Stats.; interest-bearing bonds of the United States of America; OK in other obligations of the City, which investments shall continue a part of the Sinking Fund. 0 are due: and (ii) any funds over and above the next succeeding annual (C) Remaining Monies. When all of the Notes have been paid in full and canceled, and all permitted investments disposed of, any money remaining in the Sinking Fund shall be deposited in the general fund of the City. Section 6. Proceeds of the Notes. All monies received by the City upon the delivery of the Notes to the purchaser thereof, except discount bid is less than the maximum allowable discount shall be for accrued interest and premium, if any, and any amount by which the deposited by the City Treasurer into a special fund which shall be maintained separate and distinct from all other funds of the City and Notes are issued. Monies not immediately needed for such purposes may shall be used for no purpose other than the purposes for which the be invested in time deposits in any bank, trust company or savings and loan association licensed to do business in Wisconsin, such deposits to mature within one year of the date of investment or the date such - deposits are needed, whichever is earlier, or in bonds or securities issued or guaranteed as to principal and interest of the United States Government or of a commission, board or other instrumentality of the United States Government. Any monies including any income from permitted investments, remaining in the Borrowed Money Fund after the purposes for which the Notes have been issued have been accomplished, and, at any time, any monies as are not needed and which obviously Sinking Fund. thereafter cannot be needed for such purposes shall be deposited in the resolution shall be leqal investments, but no such investment shall be Section 7. No Arbitrage. All investments permitted by this made in such a manner as would cause the Notes to be "arbitrage bonds" within the meaning of Section 103(c)(2) of the Internal Revenue Code of 1954, as amended, or the Regulations of the Commissioner of Internal Revenue thereunder: and an officer of the City, charged with the responsibility for issuing the Notes, shall certify as to facts, estimates, circumstances and reasonable expectations in existence on the date of closing which will permit the conclusion that the Notes are not "arbitrage bonds," within the meaning of said Code or Regulations. shall be payable in lawful money of the United States of America at American National Bank and Trust Company, in St. Paul, Minnesota Section 8. Paying Agent. Principal of and interest on the Notes maintain and preserve an adequate and correct register account of all and the City Clerk shall provide and keep a separate record book and Section 9. Account and Records. The City Comptroller shall keep, ~ Notes issued and all payments and other transactions relating thereto: 7 0 shall record a full and correct statement of every step or proceeding had or taken in the course of authorizing and issuing these Notes. Section 10. Closing. The Mayor and City Clerk of the City are hereby authorized and directed to execute and deliver the Notes to the purchaser thereof upon receipt of the borrowed funds, accrued interest to date of delivery and premium, if any; the officers of the City are hereby directed and authorized to take all steps necessary or convenient to close this issue as soon as practicable hereafter, in accordance with the terms of sale thereof; and said officers are hereby authorized and directed to execute and deliver such documents, certificates and acknowledgments as may be necessary or convenient in accordance therewith." Adopted, approved and recorded July 13, 1982. Alderman Klenz Motion seconded by Alderman Durnke moved that Resolution No.135-82 be adopted. and carried by the following vote: Ayes: Richard s. ~ilsson, Jr., Charles Colburn, Mitchel Penovich, Robert Klenz, Blenda Treba and Edwin P. Dumke Mayor and City Clerk signed same in the appropriate manner in open The Mayor declared the resolution adopted and approved and the meeting. (Here occurred business not pertinent to the note issue.) There being no further business to come before the meeting, the I I meeting adjourned. 8