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CCR1982173RESOLUTION #173-82 CITY OF MUSKEGO, WISCONSIN REQUIREMENT FOR RESOLUTION WAIVING PUBLIC BIDDING INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT WHEREAS, the City of Muskego, Wisconsin (the "Cityt'), has by resolution of its Common Council expressed its intent to issue its industrial revenue bonds pursuant to Wis. Stats. Section 66.521, as amended (the "Act") in an amount not to exceed $1,500,000, for the purpose of financing on behalf of Jansen Development, Inc., a Wisconsin corporation, Lanson Industries, Inc., a Wisconsin corporation, Lanson Realty, Ltd., a .Florida partnership, Lance A. Wikkerink, David Gecht and/or James 0. Gilliam (any of the above individually or in any combination, joint venture or partnership referred to as the "Participant") costs related to the acquisition of land in the City and construction and equipping thereon of a facility to be used in connection with Lanson Industries, Inc.'s business of manufacturing automatic entrance systems and related products or for other activities permissible under the Act (which acquisition, construction, equipping and related improvements are herein called the "Project"); and construction work which is let by contract and which has an WHEREAS, Wis. Stats. Section 66.521(11)(b)l. provides that estimated cost exceeding $5,000 may be financed with industrial revenue bonds only if the contract is let to the lowest respon- publishing a class 2 notice under Ch. 985; and sible bidder and proposals for the contract are advertised by with the notice and public bidding requirement in the first Participant unable to employ the services of companies that are sentence of Wis. Stats. Section 66.521(11)(b)1. could render the believed to be best suited to perform construction work on the Project as well as hinder the expeditious development of the Project; and WHEREAS, it has been represented to the City that compliance WHEREAS, Wis. Stats. Section 66.521(11)(b)2. provides the City with authority to waive the public bidding requirement; NOW, THEREFORE, BE IT RESOLVED by this Common Council of the City of Muskego that this Council hereby finds that the imposi- tion of the public notice and bidding requirements of Wis. Stats. Section 66.521(11)(b)l. could render the Participant unable to perform construction work on the Project as well as hinder the employ the services of companies believed to be best suited to expeditious development of the Project; and, therefore, this 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 or agreements for th e financing sh cont all provision satisfactory to the City; ain an indemnification e 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. Adopted & &4 , 1982 City Clerk Approved , 1982 Mayor SER71: Q 3 -2- NOTICE TO ELECTORS TAKE NOTICE that the Common Council of the City of Muskego, , 1982, adopted a resolution pursuant to Section Waukesha County, Wisconsin at a lawful meeting held on the day of 66.521 of the Wisconsin Statutes, as amended, as follows: resolution of its Common Council expressed its intent to issue WHEREAS, the City of Muskego, Wisconsin (the "Cityv'), has by Its lndustrlal revenue bonds pursuant to Wis. Stats. Section 66.521, as amended (the "Act") in an amount not to exceed $1,500,000, for the purpose of financing on behalf of Jansen Development, Inc., a Wisconsin corporation, Lanson Industries, Inc., a Wisconsin Wikkerink, David Gecht and/or James 0. Gilliam (any of the above corporation, Lanson Realty, Ltd., a Florid2 partnership, Lance A. individually or in any combination, joint venture or partnership of land in the City and construction and equipping thereon of a referred to as the "Participant") costs related to the acquisition facility to be used in connection with Lanson Industries, Inc.'s business of manufacturing automatic entrance systems and related products or for other activities permissible under the Act (which herein called the "Project"); and acquisition, construction, equipping and related improvements are e e WHEREAS, Wis. Stats. Section 66.521(11)(b)l. provides that construction work which is let by contract and which has an estimated cost exceeding 55,000 may be financed with industrial revenue bonds only if the contract is let to the lowest respon- sible bidder and proposals for the contract are advertised by publishing a class 2 notice under Ch. 985; and with the notice and public bidding requirement in the first sentence of Wis. Stats. Section 66.521(11)(b)l. could render the Participant unable to employ the services of companies that are believed to be best suited to perform construction work on the Project as well as hinder the expeditious development of the Project; and WHEREAS, it has been represented to the City that compliance WHEREAS, Wis. Stats. Section 66.521(11)(b)2. provides the City with authority to waive the public bidding requirement; NOW, THEREFORE, BE IT RESOLVED by this Common Council of the City of Muskego that this 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 render the Participant unable to employ the services of companies believed to be best hinder the expeditious development of the Project; and, therefore, suited to perform construction work on the Project as well as this 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 agree- ment or agreements for the financing shall contain an indemnifica- tion provision satisfactory to the City; 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 chaDter. FURTHER RESOLVED, that the City Clerk is hereby directed to City Clerk SER71:P -2-