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HomeMy Public PortalAbout2006IIeCa12 July 1S 1975 , Idaho The Board of Directors of the Payette Lakes Water and Sewer District, Valley County, Idaho, met in Regular public 'session at the regular meeting place of the board at ths office of Shelton's heal Estate Agency in McCall , Idaho, on July 15 , 1975, at 7130 o'clock P.M., with the following persons present: Pert H. Shelton , Chairman Clots Carberry , Member Frank T. Slam , Member John Cleemmer , Member Corey Engen , Member There were also present Robert U. Semaklus , Attorney, said Corey Sosn , Secretary. After the minutes of the preceding meeting had been read and approved, the Chairman presented to the board certain material, including the report of Intermountain Engineers, dated April 4, 1975, which had been prepared in connection with the improve- ments to be acquired and constructed by the district. The report by the engineers,together with other supporting documents, were thereupon considered and were ordered filed with the official records of the board. After due discussion of the initial improvements to be acquired and constructed by the district and the need of the inhabitants of the district therefor, and after all interested persons who were present at the meeting were given an opportunity to present their views to the board, the following resolution was and introduced in written form by hank T. alas , was read in full and discussed, and pursuant to motion made by Clem Parberry and seconded by John Clammier, was adopted by the following vote: PLWSD005647 AYE: ss■m a amar Jimgen Parberry Shelton NAY: None. The resolution is as follows: A R SOLUTIOdetermining that the interest of he Payette Lakes Water and Sewer District and the public interest and necessity demand the acquisition and construction of a sewer. system in order to carry out the objects and purposes of said district and require the creation of an indebtedness of the district, and calling a special election to be held in the Payette Lakes Water and Sewer District, Valley County, Idaho, to deter- mine the issuance of $2,500,000 Sewer Bonds of said district. * * WHEREAS Payette Lakes Water and Sewer District, Valley County, Idaho, has been heretofore created by an order of the District Court of the Fourth Judicial District of the State of Idaho, in and for the County of Valley, entered on November 12, 1971, in a cause pending in that court, entitled Case No. 2032 "In the Matter of the Organization of the Payette Lakes Water and Sewer District, Valley County, Idaho," pursuant to and under the authority of Chapter 32 of Title 42, Idaho Code, as amended; and WHEREAS said district was created for the purpose of acquiring and constructing a complete sewerage system consisting of any or all of the following items: treatment facilities, outfall lines, trunk lines, lift stations, pressure mains, inter- mediate treatment facilities, collector lines, lateral lines, service connections, service manholes, cleanouts, surface repairs and other appurtenances and a complete domestic water system consisting of any or all of the following items: water supply, intake piping, filtration plant, wells, storage reservoirs, pumps, -2- PLWSD005648 chlorinator, buildings to house facilities, transmission mains, pressure regulators, distribution mains, fire hydrants, valves, fittings, water meters, service connections, system controls, surface repairs and other appurtenances; and WHEREAS the estimated cost of all said proposed facilities as set out in the petition praying for the organization of said district was $3,500,000; and WHEREAS this board has investigated and determined that the interest of the district and the public interest and necessity do not require the construction of a complete water system at this time. WHEREAS this board has investigated and determined that the interest of the district and the public interest and necessity demand that the district proceed with the acquisition and construc- tion of a c mpJete sewerage system as above described; and WHEREAS the cost of acquiring and constructing the said sewerage system to be so constructed and acquired is now estimated to be $5,300,000; and WHEREAS it is necessary that an indebtedness in the amount of $2,500,000 be created by the district in order to provide funds with which to pay the cost of acquiring and constructing said sewer system, above described, in order to carry out and further the objects and purposes for which the district was created; and WHEREAS this board now desires to call a special election to be held in said district for the purpose of submitting to the qualified electors of the district the proposition of issuing general obligation bonds in the amount and for the purpose herein- after more fully set forth; NOW, THEREFORE, Be It and It Is Hereby Resolved by the Board of Directors of Payette Lakes Water and Sewer District, Valley County, Idaho, as follows: -3- PLWSD005649 Section 1. That it is hereby found and determined that it is in the interest of the district and in the public interest and necessity that the Payette Lakes Water and Sewer District proceed with the acquisition and construction of the facilities necessary to the establishment of a sewer system, as set out in the preamble hereto, at an estimated cost of $5,300,000 in order to carry out the objects and purposes for which the district was created. Section 2. That in order to pay the cost of acquiring and constructing the system described in Section 1 hereof, it has been and it is hereby determined desirable to create an indebtedness and issue the general obligation bonds of Payette Lakes Water and Sewer District in the amount of $2,500,000 for the purpose hereinafter specified. Section 2. That a special election is hereby called to be held in said district on August 12 , 1975, to submit to the qualified electors of the district, the question whether general obligation bonds of the district in the amount and for the purpose hereinafter set out in the proposition appearing in Section 6 hereof shall be issued. Section 4. That for the purpose of this election, Payette Lakes Water and Sewer District shall constitute a single election district and the polling place and the election officials shall be those specified in the form of notice of election set out in Section 8 hereof. The election officials shall receive $ 20,00 each as compensation for conducting the election. Section That at said election the polls shall be opened at 12:00 o'clock Noon and shall be closed at the hour of 8:00 o'clock P.M. of said date. Section 6. That the ballot to be used at the election shall be prepared and furnished by the Secretary of this board to the election judges, to be furnished by them to the qualified voters and it shall be in substantially the following form: -4- PLWSD005650 OFFICIAL BALLOT STATE OF IDAHO COUNTY OF VALLEY PAYETTE LAKES WATER AND SEWER DISTRICT SPECIAL BOND ELECTION AUGUST 12, 1975 INSTRUCTIONS TO VOTER: To vote on the following proposition, place a cross (x) in the square to the right of: "IN FAVOR OF ISSUING BONDS TO THE AMOUNT OF $2,500,000" or "AGAINST ISSUING BONDS TO THE AMOUNT OF $2,500,000" according to the way you desire to vote on the proposition. A11 marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you by mistake or accident, mark, tear, deface or otherwise mutiliate this ballot, return it to the election judge and obtain another ballot. PROPOSITION Shall Payette Lakes Water and Sewer Distridt, Valley County, Idaho, issue and sell its general obligation bonds in the aggregate sum of $2,500,000, bearing interest not to exceed the rate of seven per cent (7%) per annum, for a term not to exceed thirty (30) years, for the purpose of acquiring and constructing facilities within the district to provide for sewage dis- posal, such sewer facilities to include pipes, tanks, pumps and purification equipment, extending sewer lines to an appropriate outlet, with all necessary appurtenant facilties and equipment, said bonds to be issued at one time or from time to time in the discretion of the Board of Directors of said district? IN FAVOR OF ISSUING BONDS TO THE AMOUNT OF $2,500,000 AGAINST ISSUING BONDS TO THE AMOUNT OF $2,500,000 Section 7. That no ballot shall be received by the election judges for said election unless the personJoffering the same shall be a qualified elector, qualified to vote at general -5- PLWSD005651 elections, who is a bona fide resident of the district. No registration shall be required but each voter before being permitted to cast his vote at such election shall be required to take, subscribe and execute the following oath of election attesting his qualification to vote: STATE OF IDAHO COUNTY OF VALLEY I, , being duly sworn, on my oath depose and say that I possess the voter's qualifications required and prescribed by Chapter 32 of Title 42, Idaho Code, as amended, to wit: That I am a person eighteen (18) years of age or older, that I am a resident of the State of Idaho and am a bona fide resident of Valley County and of the territory contained within the boundaries of the Payette Lakes Water and Sewer District, that I am qualified to vote at general elections in the State of Idaho, and that I have not previously voted at the special bond election being held in said district on this date. Subscribed and sworn to before me this day of , 1975. Election Judge AN ELECTOR NEED NOT BE REGISTERED TO VOTE TO SIGN THIS OATH Section 8. That notice of the aforesaid election shall Star be given by publication of a notice of election in the Nowa a newspaper published in McCall, Idaho, and of general circulation in the district, once a week for three consecutive weeks, the first publication to be not less than twenty (20) full days prior to the date set for said election. -6- PLWSD005652 Such notice shall be in substantially the following form: NOTICE OF SPECIAL BOND ELECTION FOR PAYETTE LAKES WATER AND SEWER DISTRICT, VALLEY COUNTY, IDAHO NOTICE is hereby given that there will be a special bond election held in Payette Lakes Water and Sewer District, Valley County, Idaho, on Tuesday, the 12th day of August, 1975, at which there shall be submitted to the qualified- electors of the district, the following proposition: PROPOSITION Shall Payette Lakes Water and Sewer District, Valley County, Idaho, issue and sell its general obligation bonds in the aggregate sum of $2,500,000 bearing interest not to exceed the rate of seven per cent (7%) per annum, for a term not to exceed thirty (30) years, for the purpose of acquiring and constructing facilities within the district to provide for sewage disposal, such sewer facilities to include pipes, tanks, pumps and purification equipment, extending sewer lines to an appropriate outlet, with all necessary appurtenant facilities and equipment, said bonds to be issued at one time or from time to time in the discretion of the Board of Directors of said district? For said special election, the polling place and the election officials, each of whom is an elector of the district, appointed to conduct such election, are as POLLING PLACE Residente of John Clemmer which is a green chalet type house on the West side of the Warren Wagon Road approximately one mile North of the inter- section of the Warren Wagon Road with State Highway No. 55. -7- follows: ELECTION OFFICIALS Colleen Herrick Judge Lu Ann Butler Judge Barbara Hall Clerk PLWSD005653 At said election the polls shall be opened at the hour of 12:00 o'clock Noon and shall be kept open until and shall be closed at the hour of 8:00 o'clock P.M. on the date of said election. Said election shall be conducted as nearly as possible in the manner prescribed by law for the holding of general elections in the State of Idaho and at such election every qualified elector of the district who is qualified to vote at general elections in this state and who is a bona fide resident of the district on the date of the election shall be entitled to vote on the above stated proposition for the issuance of bonds. No registration shall be required in order to vote at such election, but each voter shall, before being permitted to vote, be required to execute an oath of election attesting his qualifications. The Board of Directors of the district will meet on the 12thday of Ault , 1975, at the hour of 1O:OO o'clock p.M., being within five (5) days following the date of such election, at the regular meeting place of said board at the office of Shelton's Real Estate Agency in McCall , Idaho, to canvass the votes cast at said election and declare the results thereof. By Resolution, the Board of Directors of the district has investigated and determined that the acquisition and construction of a complete water system is not presently feasible but that, since the public interest and necessity would be served by the construction of a complete sewer system, the above proposition should be submitted to the qualified electors of the district. By order of the Board of Directors of Payette Lakes Water and Sewer District, Valley County, Idaho, this 1Stday of julep, 1975. (UAL) Attest: a/ wry Nagsn Secretary -8- Thairmann,, Board of Directors and President of Payette Lakes Water and Sewer District PLWSD005654 STATE OF IDAHO COUNTY OF VALLEY I, William E. Milburn, do hereby certify that I am the duly qualified and acting Secretary of the Board of Directors of Payette Lakes Water and Sewer District, Valley County, Idaho. I further certify that the foregoing constitutes a true and correct copy of the minutes of a regular public meeting of the Board of Directors of said district held at the regular meeting place of said board on July 15, 1975, including a resolution adopted at said meeting, all as recorded in the regular official book of minutes of the proceedings of said board, kept in my office, insofar as the same refer to or concern said resolution, that said proceedings were duly had and taken as herein shown, that the meeting therein shown was in all respects called, held and conducted in accordance with law, and that the persons therein named were present at said meeting, as therein shown. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Board of Directors of Payette 9�- Lakes Water and Sewer District, Valley County, Idaho, this day of July, 1979. 43.0 Secre ary [SEAL] PHH;er 7/2/79 PLWSD005655