NUMB:
980330
VERS:
ORIGINAL
REF:
XXBY:
ALD. NARDELLI AND HENNINGSEN
TITL:
Resolution relating to the issuance of Industrial Development Revenue Bonds (YMCA of Metropolitan Milwaukee, Inc. Project). (DCD)
ANLS:
- Analysis -
This resolution sets forth the intent of the City of Milwaukee to issue industrial development revenue bonds in an amount not to exceed $15,000,000 to finance costs related to the construction and equipping of recreational and related facilities and related improvements by The Young Men's Christian Association of Metropolitan Milwaukee, Inc.; waives the public bidding requirement for construction work on the facilities; and authorizes a public hearing on the bonds.
BODY:
Whereas, The City of Milwaukee, Wisconsin (the "City") is a municipal corporation organized and existing under and pursuant to the laws of the State of Wisconsin and is authorized by Section 66.521, Wisconsin Statues, as amended (hereinafter sometimes referred to as the "Act"):
(a) To issue revenue bonds to finance all or any part of the costs of the construction, equipping re-equipping, acquisition, purchase, installation, reconstruction, rebuilding, rehabilitation, improving, supplementing, replacing, maintaining, repairing, enlarging, extending or remodeling of projects which qualify under the Act and the improvement of the sites therefor.
(b) To enter into a revenue agreement with an eligible participant pursuant to which the eligible participant agrees to cause said projects to be constructed and to pay the City an amount of funds sufficient to provide for the prompt payment when due of the principal of and interest on said revenue bonds; and
Whereas, The Young Men's Christian Association of Metropolitan Milwaukee, Inc., a Wisconsin nonprofit corporation (the "Eligible Participant"), has considered undertaking projects at 161 West Wisconsin Avenue, and in the vicinity of North 91st Street and West Brown Deer Road in the City and the Eligible Participant has represented to the City that it would be an encouragement and inducement for the Eligible Participant to proceed if all or parts of any of these projects could be financed with revenue bonds; and
Whereas, The Eligible Participant has represented that the intended use of the projects is for the purpose of providing recreational facilities and related activities (hereinafter called the "Projects"); and
Whereas, The Eligible Participant has estimated that the cost of the Projects would be a maximum of $15,000,000; and
Whereas, The Eligible Participant has represented that it expects the Projects to create 57 full-time equivalent new jobs at the Project sites, maintain 132 pre-existing full-time equivalent jobs being moved to the Project sites and would neither create, maintain or eliminate any other jobs elsewhere in the State of Wisconsin; and
Whereas, Prior to the date of adoption of this Resolution, a statement which provides a good faith estimate of attorney fees which are expected to be paid from proceeds of the revenue bonds has been filed with the City Clerk and with the Department of Commerce of the State of Wisconsin; and
Whereas, It is in the public interest of the City to promote, attract, stimulate, rehabilitate and revitalize commerce, industry and manufacturing to promote the betterment of the environment and the economy of the City and to stimulate a large flow of private investment funds into the City; and
Whereas, Section (11)(b)1. of the Act contains provisions requiring competitive bidding for certain construction contracts with regard to the construction of projects financed under the Act; and
Whereas, Section (11)(b)2. of the Act empowers the governing body of a municipality to waive the requirements of Section (11)(b)1. with respect to particular projects; and
Whereas, It is the finding and determination of the Common Council of the City of Milwaukee ("Common Council") that each Project is a qualified "project" within the meaning of the Act and that the Eligible Participant is an "eligible participant" within the meaning of the Act; and
Whereas, It is the finding and determination of the Common Council that the City would derive public benefits from each Project and its operation, including by way of illustration but not limitation the following: the provision and retention of gainful employment opportunities for the citizens of the City and provision of recreational and other related facilities for City residents with resultant beneficial effects on the economy in the City; and
Whereas, The Eligible Participant has represented that the Projects will significantly increase the number of persons traveling to the City for business or recreation; and
Whereas, It is the finding and determination of the Common Council that the public interest will be served if the City were to encourage and induce the Eligible Participant to undertake each Project in the City; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that:
1. Subject to the conditions specified in paragraph 2, the City shall pursue and consummate a financing having the following elements:
(a) The City shall issue revenue bonds pursuant to the Act at one or more times in one or more series in such aggregate principal amount not in excess of $15,000,000 as the Eligible Participant shall request; provided, however, that the actual aggregate principal amount shall not be greater than the sum of the then estimated aggregate cost of providing the Projects in question, plus the amount necessary to fund any reserve deemed necessary or desirable, plus the estimated financing and bond issuance costs (said bonds being hereinafter called the "Bonds").
(b) The Bonds shall be limited obligations of the City payable by the City solely out of revenues derived from the Eligible Participant or otherwise provided for pursuant to the terms of a loan or similar agreement (hereinafter called the "Revenue Agreement") to be entered into between the City and the Eligible Participant.
(c) The Revenue Agreement shall require the Eligible Participant to acquire, construct or install the Project or Projects being financed and to provide the City with revenues sufficient to pay when due the principal of, premium, if any, and interest on the Bonds.
(d) The Revenue Agreement shall require the Eligible Participant to submit to the Department of Commerce within 12 months after the financed Projects are completed or 2 years after the Bonds are issued, whichever is sooner, the net number of jobs eliminated, created or maintained on the Project sites and elsewhere in the State of Wisconsin as a result of any financed Project.
(e) The contract for construction work for any financed Projects shall include a clause prohibiting discrimination in employment and subcontracting.
(f) The Bonds shall have such maturities, interest rates and redemption limitations as the Eligible Participant and the initial Bond purchaser(s) shall propose.
2. The issuance of the Bonds by the City shall be on the following conditions:
(a) The Bonds shall not constitute an indebtedness of the City within the meaning of any State constitutional provision or statutory limitation.
(b) The Bonds shall not constitute or give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers.
(c) The Eligible Participant shall be responsible for finding a purchaser or purchasers for all of the Bonds.
(d) Prior to the issuance of the Bonds: (i) the electors of the City shall have been given the opportunity to petition for a referendum on the matter of the Bond issue as required by the Act; (ii) either no such petition shall be timely filed or such petition shall have been filed or said referendum shall have approved the Bond issue; and (iii) the Common Council, by further resolution, shall have authorized and approved the terms of the Bonds and the Revenue Agreement.
(e) The Bonds shall be issued pursuant to the Act, and the delivery of the Bonds shall be accompanied with the approving legal opinion of the law firm of Quarles & Brady or such other nationally recognized firm of bond attorneys as shall be acceptable to the City and the Eligible Participant.
(f) The Eligible Participant shall enter into one or more agreements with the City or other arrangements satisfactory to the City to use its "best efforts" as defined in such agreement(s) to utilize certain disadvantaged businesses in the construction of the Projects.
3. All out-of-pocket costs in connection with the issuance and sale of the Bonds shall be paid either from the proceeds of the Bonds or by the Eligible Participant.
4. The City Clerk shall cause notice of adoption of this Resolution to be published, in substantially the form attached to this Common Council File as Exhibit A, once in the City's official newspaper for the publication of notices pursuant to Chapter 985 of the Wisconsin Statutes and shall cause evidence of publication (including a copy of the notice as published) indicating the date of publication of such public notice to be filed with the Secretary of the Department of Commerce of the State of Wisconsin within 20 days following publication of such notice.
5. This Resolution is an "initial resolution" within the meaning of the Act and official action toward issuance of the Bonds for purposes of Sections 103 and 141 through 150 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder. Based on the representations of the Eligible Participant, this Common Council finds and states that the Projects will significantly increase the number of persons traveling to the City for business or recreation.
6. The appropriate officials of the Department of City Development are authorized to hold a public hearing on the question of the issuance of the Bonds so as to fulfill the public approval requirement of Section 147(f) of the Internal Revenue Code of 1986, as amended. Notice of the public hearing shall be duly published prior to the scheduled date for such hearing.
7. It is the finding and determination of the Common Council that imposition of the public notice and bidding requirements of the Act may impair the prompt and efficient completion of each Project because of the delays associated with those requirements and because they may prohibit the Borrower from using the contractors which, in the Borrower's judgment are best suited to do work on each Project.
8. The City Clerk shall cause paragraph 7 to be published together with the public notice required by paragraph 4.
9. This Resolution shall be effective immediately upon its passage and approval. Unless the Bonds shall have been issued prior thereto, the authorities and authorizations given by this Resolution shall expire on the second anniversary date of the date of adoption of this Resolution or on such later date as the Common Council may specify by resolution adopted either before or after such date.
ZDPT:
DFTR:
DCD:JS:js
06/16/98/A
QBMKE\4189223.3