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CCR1983226,-- RESOLUTION #226-83 CITY OF MUSKEGO, WISCONSIN RESOLUTION WAIVING PUBLIC BIDDING REQUIREMENT FOR INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT WHEREAS, the City of Muskego, Wisconsin (the "City"), has by resolution of its Common Council expressed its intent to issue bonds pursuant to Wis. Stats. Section 66.521 in an amount not to exceed $1,000,000 for the purpose of financing on behalf of Wisconsin Coil Spring, Inc., a Wisconsin corporation, Edward H. Lanke, and/or Erla M. Lanke, his wife, (individually or in any combination referred to herein as the "Company"), certain of the costs of acquiring land in the City and constructing and equipping thereon a new facility to be initially used in connection with manufacturing springs and wire products and related manufacturing activities (which acquisition, construction, 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 55,000 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 Company has informed the City that compliance with the notice and public bidding requirement in the first expeditious commencement of the Project and result in additional sentence of Wis. Stats. Section 66.521(11)(b)l. could hinder the 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; and 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.; 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 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. the revenue producing agreement for the financing shall contain Section 66.521(11)(b)l. with regard to the Project provided that 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. Stats. (relating to publication of official notices) in the newspaper in which the City's official notices are published pursuant to such chapter. Adopted , 1983 City Clerk Approved , 1983 Mayor SDS5 : M -2- NOTICE OF CITY OF MUSKEG0 RESOLUTION WAIVING CERTAIN STATUTORY REQUIREMENTS FOR WISCONSIN COIL SPRING, INC. AND/OR EDWARD H. LANKE AND ERLA M. LANKE INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT Waukesha County, Wisconsin at a lawful meeting held on the 23rd day of August, 1983, adopted a resolution, pursuant to Section 66.521 of the Wisconsin Statutes, as amended, setting forth the intent of the City as follows: TAKE NOTICE that the Common Council of the City of Muskego, 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 $1,000,000 for the purpose of financing on behalf of Wisconsin Coil Spring, Inc., a Wisconsin corporation, Edward H. Lanke and/or Erla M. Lanke, his wife, (individually or in any combination referred to herein as the "Company") the acquisition of land in the City and the construction and equipping thereon of a new facility to be initially used in connection with manufactur- ing springs and wire products and related manufacturing activities (which acquisition, construction, equipping and related improvements are hereafter referred to as the "Project"); and WHEREAS, Wis. Stats. 66.521(11)(b)l. provides that construc- cost exceeding $5,000 may be financed with industrial revenue tion work which is let by contract and which has an estimated bonds only if the contract is let to the lowest responsible bidder and proposals for the contract are advertised by publishing a class 2 notice under Ch. 985; and WHEREAS, the Company has made representations to the City that compliance with the notice and public bidding requirement in the first sentence of Wis. Stats. Section 66.521(11)(b)l. could hinder the expeditious commencement of the Project and possibly prevent the Company from taking advantage of existing relation- ships which they find most desirable for efficient completion of the Project; and with authority to waive the public bidding requirements described WHEREAS, Wis. Stats. Section 66.521(11)(b) provides the City in Section 66.521(ll)(b)l.; NOW, THEREFORE, BE IT RESOLVED by this Common Council of the City of Muskego that this Common Council hereby finds that the Stats. Section 66.521(11)(b)l. could hinder the expeditious imposition of the public notice and bidding requirements of Wis. commencement of the Project and possibly prevent the Company from desirable for efficient completion of the Project; therefore, taking advantage of existing relationships which they find most this Common Council pursuant to the authority granted to it by Wis. Stats. Section 66.521(11)(b)2. hereby waives the requirements 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; 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 Stats. (relating to publication of official notices) in the pursuant to such chapter. Dated: Augusta, 1983 City Clerk SDS5 : N -2-