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HomeMy Public PortalAboutResolution 04-12 Silvertip LLC AgreementRESOLUTION NO. 04-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO, MAKING FINDINGS AND DECLARATIONS WITH RESPECT TO SATISFACTION OF OUTSTANDING ASSESSMENTS AND EXPENSES FOR CERTAIN PARCELS OF PROPERTY WITHIN LOCAL IMPROVEMENT DISTRICT NO. 3, IMPROVEMENTS UPON THE PROPERTY SUBJECT THERETO, AND RELATED SEWER SYSTEM FACILITIES; APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE -OPTION AGREEMENT REGARDING ALL OR A PORTION OF THE FACILITIES; APPROVING AND AUTHORIZING THE EXECUTION OF A ROAD AGREEMENT RELATED THERETO; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of McCall, Valley County, Idaho (the "City"), is a municipal corporation duly organized and operating under the laws of the State of Idaho; and WHEREAS, the City hereto created and confirmed an assessment roll for Local Improvement District No. 3 ("LID No. 3") which includes the real property described below; and WHEREAS, assessment installments for Parcels K, L, and M, Spring Mountain Ranch PUD (the "Property") are delinquent, and the City has caused the Property to be deeded to the City pursuant to delinquency certification as required by law; and WHEREAS, the City has entered into a Vacant Land Purchase and Sale Agreement, dated May 3, 2004, by which Silvertip, LLC ("Silvertip"), shall purchase the Property, in an amount sufficient to satisfy all outstanding assessments and statutorily -required charges upon the Property associated with LID No. 3; and WHEREAS, Silvertip intends, under the conditions and in accordance with the terms outlined in the Lease -Option Agreement attached hereto as Exhibit "A," to construct a sewer lift station on Parcel K of the Property (the "Improvements"); and WHEREAS, the City is authorized by the laws of the State of Idaho to lease property for the benefit of the City and its inhabitants and to enter into contracts with respect thereto; and WHEREAS, the City Council (the "Council") of the City desires to lease the Improvements for the City to provide sewerage services for its inhabitants; and Page - 1 WHEREAS, in order to lease such Improvements, the City proposes to enter into the Lease -Option Agreement (the "Agreement") with Silvertip, attached hereto as Exhibit A; as well as the Road Agreement addressing related issues, attached hereto as Exhibit B; and WHEREAS the Council has now determined that it is in the best interests of the City to lease the Improvements from Silvertip, and Silvertip has agreed to lease the Improvements to the City; and WHEREAS, the Agreement does not obligate the City beyond any one fiscal year; and WHEREAS, the Council has further determined that the cost of the Improvements, and the proposed Agreement to be incurred to finance the same, constitute "ordinary and necessary expenses of the City authorized by the general laws of the State within the meaning of Article 8, Section 3, of the Idaho Constitution, for which no approving vote of the electors is required; and WHEREAS, the City has operated a sewer collection and treatment system (the "System") for a number of years and the Council has determined that the Improvements to the sewer collection and treatment facilities of the System are required for the continued operation of the System in compliance with applicable state and federal health and environmental laws, regulations, and standards. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MCCALL, IDAHO, as follows: Section 1: The foregoing recitations are hereby adopted as findings of fact by the Council. Section 2: The Agreement annexed hereto as Exhibit "A," is hereby approved, and the Mayor is hereby authorized to execute the same for and on behalf of the City. The appropriate officials of the City are hereby further authorized to execute such additional documents and certifications as may be required to carry out the intent of this Resolution. Section 3: Nothing contained in this Resolution, the Agreement, any related document, or any other instrument or document shall be construed with respect to the City as incurring a pecuniary liability or charge upon the general credit of the City or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Agreement, any related document, or any other instrument or document executed in connection therewith impose any pecuniary liability upon Page - 2 the City or any charge upon its general credit or against its taxing power. Section 4: The City and Silvertip understand and intend that the obligation of the City to make payments under the Agreement shall constitute a current expense of the City and shall not in any way be construed to be a debt of the City in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by the City. Nothing contained in this Resolution, the Agreement, any related document, or any other instrument or document shall be construed as obligating the City to levy or collect taxes to make any payments required hereunder, or to expend funds beyond the amount provided for in the then current fiscal year of the City. Section 5: The Council hereby finds and declares that the proposed Agreement with Silvertip, the indebtedness incurred thereby, and any evidence of indebtedness executed pursuant thereto, for the financing of the Improvements, constitute ordinary and necessary expenses of the City authorized by the general laws of the State of Idaho within the meaning of Article 8, Section 3, Idaho Constitution, for which no approving vote of the electors of the City is required, for the following reasons: A. The proposed expenditures are necessary to protect the health, safety, and welfare of the inhabitants of the City and to comply with applicable state and federal health and environmental laws, regulations, and standards. B. The proposed expenditures are for the purpose of replacing, rehabilitating, maintaining, and extending existing City property in order to render it serviceable, as opposed to the construction of wholly new facilities. C. The City has operated the existing sewer collection and treatment facilities for many years and has determined that the Improvements are indispensable to the efficient continued operation of the City's sewer collection and treatment system. D. The amount of the proposed indebtedness is not disproportionate to the City's overall budget for the current or ensuing fiscal years. E. The proposed Improvements are authorized by the general laws of the state. Page - 3 Section 6: In conjunction with Silvertip's acquisition of the Property and in consideration of the resulting satisfaction of the outstanding assessments and obligations arising from Local Improvement District No. 3, and in consideration of the mutual obligations contained in the Road Agreement attached hereto as Exhibit "B," the Road Agreement annexed hereto as Exhibit "B," is hereby approved, and the Mayor is hereby authorized to execute the same for and on behalf of the City. The appropriate officials of the City are hereby further authorized to execute such additional documents and certifications as may be required to carry out the intent of this Resolution. Section 7: The Council hereby finds that the purchase price of the Property is sufficient to pay all amounts required under Idaho Code § 50-1715 to satisfy all assessments, interest, penalties or other charges required to be paid as a result of the Property's inclusion in Local Improvement District No. 3. Specifically, the Council finds that the purchase price of the Property is sufficient to satisfy all delinquent assessments, penalties, and interest on the Property, and all outstanding assessments on the Property, plus one year's interest. To the extent it is within the Council's authority to require payment of further or additional penalties or charges in association with satisfaction of the obligations attached to the Property in association with Local Improvement District No. 3, the Council finds and declares that it retains the discretion to, and hereby does, waive the same. Section 8: This Resolution shall take effect and be in force immediately upon its passage and approval. DATED this day of August, 2004. CITY OF MCCALL Valley County, Idaho By: C(-4` Kirk Eimers Mayor ATTEST: na Clark, Deputy City Clerk Page - 4