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CCR1983216i RESOLUTION #216-83 CITY OF MUSKEGO, WISCONSIN INITIAL RESOLUTION REGARDING INDUSTRIAL DEVELOPMENT REVENUE BONDS (Edward H. and Erla M. Lanke) ~ ~~~ ~~~~~ ~~~ ~ authorized by Section 66.521, Wisconsin Statutes, as amended WHEREAS, the City of Muskego, Wisconsin (the "City"), is equip, acquire by gift, lease or purchase, install, (the "Act"), to, among other powers, (i) construct, equip, re- reconstruct, rebuild, rehabilitate, improve, supplement, replace, maintain, repair, enlarge, extend or remodel agreements for the same in order to promote the right to industrial projects, (ii) enter into revenue producing gainful employment, business opportunities and general welfare of its inhabitants and to preserve and enhance its tax base, such industrial projects, which bonds are to be payable solely (iii) borrow money and issue bonds to finance costs related to 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 bonds may be secured by a mortgage and/or security interest in authorized by this Council and permitted by law, and which the project or other security; and "Lankes") have represented to the City that they need to WHEREAS, Edward H. Lanke and Erla M. Lanke, his wife, (the construct an industrial building in the City to be initially used by Wisconsin Coil Spring, Inc., a Wisconsin corporation and wire products and related manufacturing activities (which (the "Company") in connection with the manufacture of springs building and related improvements are herein called the has had negotiations with the City as to the feasibility of "Project"), for an estimated cost not to exceed $1,000,000; and 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 bonds pursuant to the act. issuance by the City of its industrial development revenue NOW, THEREFORE, BE IT RESOLVED by this Common Council of the City of Muskego: the City from the development of the Project in the City, and to (1) In view of the considerable benefits to be derived by City, the City intends to consummate a Project Financing Agree- induce and encourage the Lankes to undertake the Project in the ment pursuant to which the City shall by the Lankes industrial development revenue bonds in the (a) issue, sell and deliver to purchasers procured aggregate amount of not to exceed $1,000,000 in order to finance costs related to the Project, which bonds shall be and all documents pertinent thereto are reviewed, autho- (a) the details of the Project Financing Agreement rized 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; 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. (5) The City Clerk is hereby directed to publish notice of adoption of this Resolution as a class 1 notice under Chapter 985, Wis. Stats., (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 copy of this Resolution together with a copy of the public Secretary of Business Development of the State of Wisconsin a notice of its adoption within ten days following publication of such notice. Adopted , 1983 City Clerk Approved , 1983 Mayor NOTICE TO ELECTORS OF THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN TAKE NOTICE that the Common Council of the Citv of Muskego, Waukesha County, Wisconsin at a lawful meeting heid on the day of , 1983, adopted an initial resolution, pursuant to Section 66.521 of the Wisconsin Statutes, as amended, setting forth the intent of the City to exceed $1,000,000 for the purpose of financing costs related to issue industrial development revenue bonds in an amount not to the construction of a building to be initially used by Wisconsin Coil Spring, Inc., a Wisconsin corporation, in connection with the manufacture of springs and wire products and related manufacturing activities and to enter into a revenue agreement with Edward H. Lanke and Erla M. Lanke, his wife, 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 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. The resolution may be inspected by any elector of the City at the office of the City Clerk, City Hall, Muskego, Wisconsin during business hours. 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 not less than 5% of the registered electors of the City, is filed with the City Clerk requesting a referendum upon the question of 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 , 1983. City Clerk