HomeMy Public PortalAboutResolution 11-05 Judicial ConfirmationRESOLUTION NO. 11-05
OF THE MCCALL CITY COUNCIL, AUTHORIZING LEGAL COUNSEL TO
PROCEED WITH JUDICIAL CONFIRMATION PROCEEDINGS REGARDING
A SETTLEMENT WITH PAYETTE LAKES RECREATIONAL WATER AND
SEWER DISTRICT; AUTHORIZING THE MAYOR AND OTHERS TO
EXECUTE ALL NECESSARY DOCUMENTS FOR THE JUDICIAL PROCESS;
PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO;
AND PROVIDING AN EFFECTIVE DATE.
This Resolution is made on the date hereinafter set forth by the City of McCall, Idaho (the
"City") a municipal corporation operating and existing under and by virtue of the laws of the State
of Idaho;
WHEREAS, the City Council of the City has received a recommendation for the filing of a
Joint Petition for Judicial Confirmation of Settlement Agreement between the City of McCall and
the Payette Lakes Recreational Water & Sewer District, for the purpose of seeking confirmation of
certain long term liabilities related to the Settlement Agreement entered into between the City and
the Payette Lakes Recreational Water & Sewer District with respect to Valley County Case No.
CV-2005-352-C (the "Settlement Agreement"); and
WHEREAS, Counsel has drafted a petition (the "Petition") for judicial confirmation under
Title 7, Chapter 13, Idaho Code, as amended (the "Judicial Confirmation Law") to determine the
validity of the liabilities created by the Settlement Agreement, and a copy of the Petition has been
presented to the City Council; and
WHEREAS, on April 5, 2011, the City Council held a public hearing on whether it should
adopt this resolution authorizing the filing of a petition for judicial confirmation pursuant to the
Judicial Confirmation Law after publication of a Notice of said hearing at least 15 days before said
hearing as required by said Judicial Confirmation Law.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council, City of McCall,
as follows:
1. That the filing of the proposed Joint Petition under the Judicial Confirmation Law
is hereby approved and authorized.
2. That the Mayor, City Manager, and counsel are hereby directed to proceed with
the filing of the judicial confirmation proceedings authorized herein.
3. The Mayor, City Manager and counsel are hereby authorized to execute any
documents necessary to accomplish the said judicial confirmation.
4. That this Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was unanimously adopted at a duly called meeting of the City
Council of the City of McCall on April 19, 2011.
Resolution 11-05
April 19, 2011
PAGE 1
Attest:
By:
Its:
t)
> City of McC
O$
*I By:
ID N�O�e Its:
uuao
Clerk : e 'ie o W. er
Resolution 11-05
April 19, 2011
or Donald C. Bailey
PAGE 2
RESOLUTION
OF THE PAYETTE LAKES RECREATIONAL WATER AND SEWER
DISTRICT, AUTHORIZING LEGAL COUNSEL TO PROCEED WITH
JUDICIAL CONFIRMATION PROCEEDINGS REGARDING A SETTLEMENT
WITH THE CITY OF MCCALL; AUTHORIZING THE CHAIRMAN OF THE
DISTRICT BOARD AND OTHERS TO EXECUTE ALL NECESSARY
DOCUMENTS FOR THE JUDICIAL PROCESS; PROVIDING FOR OTHER
MATTERS PROPERLY RELATING THERETO; AND PROVIDING AN
EFFECTIVE DATE.
This Resolution is made on the date hereinafter set forth by the Payette Lakes Recreational
Water and Sewer District (the 'District") a recreational water and sewer district operating and
existing under and by virtue of Title 42, Chapter 32 of the Idaho Code;
WHEREAS, the District Board of Directors has received a recommendation from District
Counsel for the filing of a Joint Petition for Judicial Confirmation of Settlement Agreement between
the City of McCall and the District, for the purpose of seeking confirmation of certain long term
liabilities related to the Settlement Agreement entered into between the City and the District with
respect to Valley County Case No. CV-2005-352-C (the "Settlement Agreement'); and
WHEREAS, District Counsel has drafted a petition (the "Petition") for judicial confirmation
under Title 7, Chapter 13, Idaho Code, as amended (the "Judicial Confirmation Law") to determine
the validity of the liabilities created by the Settlement Agreement, and a copy of the Petition has
been presented to the District Board of Directors; and
WHEREAS, on April 5, 2011, the District held a public hearing on whether it should adopt
this resolution authorizing the filing of a petition for judicial confirmation pursuant to the Judicial
Confirmation Law after publication of a Notice of said hearing at least 15 days before said hearing
as required by said Judicial Confirmation Law.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Directors of the
Payette Lakes Recreational Water and Sewer District, as follows:
1. That the filing of the proposed Joint Petition under the Judicial Confirmation Law
is hereby approved and authorized.
2. That the Chairman and Secretary of the District Board of Directors, together with
District Counsel, are hereby directed to proceed with the filing of the judicial
confirmation proceedings authorized herein.
3. The Chairman and Secretary of the District Board of Directors, together with
District Counsel, are hereby authorized to execute any documents necessary to
accomplish the said judicial confirmation.
4. That this Resolution shall become effective immediately upon its adoption.
RESOLUTION - PAGE 1 -
The foregoing Resolution was unanimously adopted at a duly called meeting of the Board of
Directors of the Payette Lakes Recreational Water and Sewer District on April j oi , 2011.
PAYETTE LAKES RECREATIONAL WATER AND SEWER DISTRICT
By:
Its:
Attest:
By:
Its: Jamie Melbo, District Secretary
RESOLUTION - PAGE 2 -