2005-225
RESOLUTION 2005 - 225
CITY OF JANESVILLE, WISCONSIN
RESOLUTION WAIVING THE PUBLIC BIDDING REQUIREMENTS
OF WISCONSIN STATUTES SECTION 66.1103(11 )(b)1 FOR
INDUSTRIAL REVENUE BONDS - CLINTON MACHINE CO. PROJECT
WHEREAS, the City of Janesville, Wisconsin (the "Municipality"), has by resolution of
its City Council expressed its intent to issue bonds in one or more series pursuant to
Wisconsin Statutes Section 66.1103 in an amount not to exceed $4,000,000 for the
purpose of financing on behalf of Clinton Machine Co., Inc., an Ohio corporation,
Podnar Properties Limited, an Ohio limited liability company, Terry L. Podnar and/or
Mark R. Podnar (individually or as a part of any combination, joint venture, limited
liability company, limited liability partnership, trust or partnership of which any of the
above are a part, the "Borrower"), all or a portion of the costs of the acquisition of land
in the Municipality and the construction and equipping thereon of manufacturing
facilities and related improvements (the "Project") for use in connection with the
manufacture and processing of raw metal products including non-ferrous plate,
extrusions, tubing and piping and related materials and related manufacturing and
service activities;
WHEREAS, Wisconsin Statutes Section 66.1103(11 )(b)1 provides that construction
work which is let by contract and which has an estimated cost exceeding $5,000 may
be financed with industrial revenue 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 Wisconsin Statutes Chapter 985;
WHEREAS, representations have been made to the Municipality that compliance with
the notice and public bidding requirements in Section 66.1103(11 )(b)1 may impair the
prompt and efficient completion of the Project (a) because of the delays associated with
those requirements and (b) because they may prohibit the Borrower from using the
contractors which, in the Borrower's judgment, are best suited to do work on the Project
regardless of whether they are the "lowest responsible bidder" as that term is used in
Wisconsin Statutes Section 66.1103(11 )(b)1 ;
WHEREAS, Wisconsin Statutes Section 66.1103(11 )(b)2 gives the Municipality
authority to waive the requirements of Wisconsin Statutes Section 66.1103(11 )(b)1;
NOW, THEREFORE, IT IS RESOLVED:
1. This City Council finds that the imposition of the public notice and
bidding requirements of Wisconsin Statutes Section 66.1103(11 )(b)1 may impair the
prompt and efficient completion of the 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 the Project regardless of
whether they are the "lowest responsible bidder" as that term is used in Wisconsin Statutes
Section 66.11 03( 11 )(b )1.
2. For the reasons stated above, this City Council, pursuant to the
authority granted to it by Wisconsin Statutes Section 66.1103(11)(b)2, waives the
requirements of Wisconsin Statutes Section 66.1103(11 )(b)1 with respect to the Project.
FURTHER RESOLVED, that the City Clerk is directed to publish this resolution as a
class 1 notice under Wisconsin Statutes Chapter 985 (relating to publication of official
notices) in a newspaper eligible to make such a publication for the Municipality.
ADOPTED:
November 14, 2005
Motion by: Addie
Second by: DeGarmo
Councilmember Aye Nay Pass Absent
Brunner X
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Brien X
Williams X
Wellnitz, Tim X
Wellnitz, Tom X
DeGarmo X
Addie X
APPROVED:
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Steven E. Sheiffer, City Manager
ATTEST:
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Ann Wulf, City Clerk-Treasur~r)
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APPROVED AS TO FORM:
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City Attorney
Proposed by: City Manager
Prepared by: Bond Counsel