HomeMy Public PortalAboutResolution 17-05 Calling a Public Hearing for Sewer Annexation City of McCall
VALLEY COUNTY, STATE OF IDAHO
RESOLUTION NO. 17-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCCALL
• SETTING FORTH RECITALS AND FINDINGS OF AUTHORITY AND
PURPOSES;
• APPROVING THAT CERTAIN AGREEMENT OF ANNEXATION PLAN,
PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO
CONDITIONS PRECEDENT [DRAFT DATED 03/01/17] WITH THE PAYETTE
LAKES RECREATIONAL WATER AND SEWER DISTRICT FOR PURPOSES
OF PUBLIC DISCUSSION AT A JOINT PUBLIC HEARING AND FOR
PURPOSES OF PUBLIC INSPECTION;
• SETTING A JOINT PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON
THE PROPOSED AGREEMENT OF ANNEXATION PLAN, PROPERTY
TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS
PRECEDENT [DRAFT DATED 03/01/17] TO BE CONDUCTED WITH THE
PAYETTE LAKES RECREATIONAL WATER AND SEWER DISTRICT AND
AUTHORIZING JOINT PUBLICATION OF NOTICE OF SAID MEETING; AND
• DIRECTING THE CITY CLERK; AND
• ESTABLISHING AN EFFECTIVE DATE.
Section 1. Recitals and Findings: For purposes of this Resolution the City Council of the City
of McCall recites and finds that
1.1 The authority and purposes of the City Council of the City of McCall, ("Council") for its
actions herein this Resolution approved,and similarly for the Commissioners of the Payette
Lakes Recreational Water and Sewer District ("District") are set forth in Section 2, of the
draft AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND
AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT [Draft
dated 03/01/17] attached as Exhibit A (the "Annexation Agreement"); and
1.2 The discussions and negotiations between the agents of the City and the agents of the
"District" have resulted in the preparation of the proposed "Annexation Agreement",
whereby the "District", subject to the occurrence of certain conditions precedent, will
Resolution 17-05 authorizing the"Agreement of Annexation Plan, Property Transfer and Agreement of
Operations Subject to Conditions Precedent"and setting a Joint Public Hearing Page 1
acquire the City wastewater system, including, but not limited to, the City wastewater
treatment plant, as well as the existing City water reuse system (the "Annexation");
1.3 The "Council" and the board of directors of the District (the "Board") each expects to
submit the proposed Annexation to the qualified electors of the District; and
1.4 The "Council" desires to set and hold a joint public hearing with the "District"pursuant to
Idaho Code Section 42-3240(b) to receive public testimony on the proposed Annexation
(the "Joint Public Hearing");
1.5 The "Council" desires to set the joint public hearing and approve the form of the notice of
the Joint Public Hearing attached hereto as Exhibit B (the"Joint Notice")and provide that
the Joint Notice be published once a week for two (2) consecutive weeks preceding the
Joint Public Hearing in THE STAR-NEWS, a newspaper of general circulation in the City
and the District, pursuant to Idaho Code Section 42-3240(b).
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of McCall as
follows:
Section 2: Approved Actions:
2.1 AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT
OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT [Draft dated 2/24/17]
attached as Exhibit A is hereby approved for public discussion at the Joint Public Hearing
and shall be placed on file in the office of the City Clerk for public inspection by any
interested person during regular business hours.
2.2 The City shall hold the Joint Public Hearing with the Payette Lakes Recreational Water
and Sewer District on Monday, March 20, 2017, at 6:30 p.m. at the Idaho First Bank
Meeting Room, 475 E. Deinhard Lane, McCall, Idaho, to receive public testimony on the
proposed Annexation. The Joint Notice in substantially the form attached hereto as
Exhibit B is approved and shall be published in the THE STAR-NEWS once a week for two
(2) consecutive weeks preceding the Joint Public Hearing.
Section 3. Directing the City Clerk
3.1 The City Clerk is hereby directed to file this Resolution forthwith in the official records of
this City; and to certify this resolution to the Payette Lakes Recreational Water and Sewer
District and to any other person who may request a certified copy of the same.
SECTION 4. Effective Date
4.1 This resolution shall be in full force and effect after its passage, approval.
Resolution 17-05 authorizing the"Agreement of Annexation Plan, Property Transfer and Agreement of
Operations Subject to Conditions Precedent"and setting a Joint Public Hearing Page 2
ADOPTED by the City Council of the City of McCall, Valley County, state of Idaho
APPROVED:
t
Dated: March 2, 2017 Signed: r-6/f " ,�
Jace Ay on, Mayor
ATTEST:
I certify that the above Resolution was duly adopted by the City Council of the City of McCall on
March 2, 2017 by the following vote: Ayes: 5
Noes: 0
toaauu►n►► Absent: 0
,.f/ g. .
•oo IS.
BessieJo Wag "r, City Cly =* �`
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Resolution 17-05 authorizing the"Agreement of Annexation Plan, Property Transfer and Agreement of
Operations Subject to Conditions Precedent"and setting a Joint Public Hearing Page 3
310 1/2017
EXHIBIT A
To Resolution 17-05 .
COUNTERPART I 2 of 2
AGREEMENT OF ANNEXATION PLAN,PROPERTY TRANSFER AND
AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT
Parties to the Agreement:
City of McCall "City" City Hall
216 E. Park Street
McCall,ID 83638
Payette Lakes Recreational "District" 201 Jacob Street
Water and Sewer District McCall, ID 83638
THIS AGREEMENT made effective the day of , 2017,
by and between the Parties as herein this Agreement defined.
SECTION 1
DEFINITIONS
For all purposes of this Agreement, the following terms have the definitions as herein
provided in this Section unless the context of the term clearly requires otherwise:
1.1 Advisory Group: means and refers to the Joint Wastewater Advisory Group and/or the
Post Annexation Joint Wastewater Advisory Group depending upon the context of the
term used in this Agreement.
1.2 Agreement: means and refers to this Agreement of Annexation Plan, Property Transfer
and Agreement of Operations Subject to Conditions Precedent which may be referred to
and cited as the"Agreement of Annexation."
1.3 Annexation Area: means and refers to all of that area within the boundaries of the City
of McCall as legally described in Exhibit A attached hereto and by this reference
incorporated herein this definition as if set forth at length.
1.4 Annexation Date: means and refers to the effective date set by the Court in the Order of
Annexation that establishes the annexation of the Annexation Area into the District and
upon which date:
• The Bonded Indebtedness is issued; and
• The District pays to the City the purchase price for the Assets; and
• The City transfers the Assets to the District.
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1.5 Assets: means and refers to all of the property, both real and personal, which are set
forth at length on Exhibit B attached to this Agreement and by this reference incorporated
herein this definition as if set forth at length.Exhibit B is inclusive of the City Sewerage
System,City Wastewater Treatment Plant,and J-Ditch System.
1.6 Bonded Indebtedness: means and refers to those certain revenue bonds which are set
forth at length on Exhibit C attached to this Agreement and by this reference incorporated
herein this definition as if set forth at length.
1.7 City: means and refers to the City of McCall, a municipal corporation organized and
existing by virtue of Title 50 Idaho Code and Party to this Agreement.
1.8 City 2004 Bonds: means and refers to the Idaho Bond Bank Authority Revenue Bonds,
Series 2004A in the original principal amount of$11,070,000 of which the City's portion
of original principal is $2,780,000 and the City's outstanding obligation is $1,150,000 as
of the date of this Agreement.
1.9 City 2008 Bonds: means and refers to the Idaho Bond Bank Authority Revenue Bonds,
Series 2008B in the original principal amount of $7,095,000 of which the City's
outstanding obligation is$5,920,000 as of the date of this Agreement.
1.10 City Sewerage System: means and refers to the City of McCall's intercepting sewers,
outfall sewers, force mains, collecting sewers, pumping stations, ejector stations,
structures, buildings, machinery, equipment connections and all other appurtenances to
its said system used for the collection and transportation to the City Wastewater
Treatment Plant.
1.11 City Wastewater Treatment Plant: means and refers to the City's wastewater treatment
plant, excluding the J-Ditch System, comprised of influent structure buildings, individual
aerated treatment lagoons, sand filters, a lab and blower building, chlorine contact basin
and building, and inclusive of the real property and all personal and real property
referenced in the "Settlement Agreement" as "Facility" and "Property" and inclusive of
those certain facility or facilities that exist or may hereinafter exist owned and operated
by the City which receives wastewater from the City Sewerage System and the District
Sewerage System and treats, stores and discharges through the J-Ditch System or, in the
event of an emergency, disposes the same in accordance with the City's National
Pollutant Discharge Elimination System[NPDES]permit.
1.12 Civil Action: means and refers to that certain action by and between the Parties filed in
the Fourth District Court of the State of Idaho, in and for the County of Valley, as Case
No. CV-2005-352-C.
1.13 Cooperative Agreements: means and refers to those certain Agreements by and between
the Parties regarding the City Wastewater Treatment Facilities funding and use entitled
"Cooperative Agreement" [dated the 15th day of December, 1977] and amendments as
follows:
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• First Amendment to Cooperative Agreement[dated the 4th day of December,
1978];
• Second Amendment to Cooperative Agreement [dated the 4th day of June,
1979];
• Third Amendment to Cooperative Agreement [dated the 6th day of August,
1979];
• Fourth Amendment to Cooperative Agreement [dated the 24th day of July,
1984];
• Fifth Amendment to Cooperative Agreement [dated the 21St day of March,
1987];
• Sixth Amendment to Inter-Agency Agreement Cooperative Agreement
between City of McCall and Payette Lakes Water& Sewer District [dated the
24th day of August, 1995];and,
• Seventh Amendment to Inter-Agency Agreement Cooperative Agreement
between City of McCall and Payette Lakes Water&Sewer District[dated the 30th
day of September, 1997].
1.14 COWTA: means and refers to that certain agreement by and between the Parties entitled
the "Cooperative Operational Wastewater Treatment Agreement" entered into in March
of 2015.
1.15 Default: means and refers to any disagreement between the Parties regarding a claim of
Default or an interpretation of this Agreement and shall also include a failure on the part
of either Party in the performance of the terms and conditions of this Agreement.
1.16 District means and refers to the Payette Lakes Recreational Water and Sewer District, a
recreational water and sewer district organized and existing by virtue of Chapter 32 of
Title 42, Idaho Code,and Party to this Agreement.
1.17 District Land: means and refers to real properties which the District either owns or has
secured long-term contracts for the application of Recycled Water from the J-Ditch
System.
is
1.18 District Reuse Permit: means and refers to the permit to be issued by the Idaho
Department of Environmental Quality to the District for the District's use and application
of Recycled Water.
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1.19 District Sewerage System: means and refers to the District's intercepting sewers, outfall
sewers, force mains, collecting sewers, pumping stations, ejector stations, structures,
buildings, machinery, equipment connections and all other appurtenances to its said
system used for the collection, and transportation to the City Wastewater Treatment
Facilities for the treatment and disposal of sewage.
1.20 Easement/License Agreements: means and refers to the following agreements:
• Water User and Supply Agreement dated January 31, 1997
> Parties: City of McCall and J.R. Simplot Company and Extension
Agreement.
• License dated December 16, 1996
> Parties: Lake Irrigation District and J.R. Simplot Company and Extension
Agreement.
• 21-Year Mixing Station and Pipeline Easement Agreement dated April 1,
1997
> Parties: City of McCall and J.R. Simplot Company and Extension
Agreement.
• Permanent Pipeline Easement and Temporary Effluent Transmission
Easement Agreement dated April 1, 1997
> Parties: Lake Irrigation District and J.R. Simplot Company and Extension
Agreement.
1.21 Election Date: means May 16,2017,upon which date the election questions described in
Section 3.4.2 will be submitted to the respective Qualified Electors of the City and the
District,as applicable,and in the manner required by law.
1.22 Existing City Sewer System: means and refers to City Sewerage System, the City
Wastewater Treatment Plant and J-Ditch System.
1.23 Facilities Use: means and refers to the use of the City Wastewater Treatment Plant,
and/or the J-Ditch System, and/or the District Land for Application for the process and
disposal of the Wastewater.
1.24 Governing Body/Bodies: means and refers to either or both the City Council of the City
of McCall and/or the Board of Directors of the Payette Lakes Recreational Water and
Sewer District,depending upon the context of the term used in this Agreement.
1.25 Interim Period: means and refers to that period of time between the Election Date and
the Annexation Date.
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1.26 J-Ditch System means and refers to the totality of individual components, owned by •
the City or other parties, that convey Recycled Water from the point of compliance to the
Mixing Station which is inclusive of a winter storage pond, a pump station which houses
the main pumping station, comprising two major pumps and one smaller pump, the
pipeline and all of the appurtenances.
1.27 Joint Wastewater Advisory Group: means and refers to the McCall Area Joint
Wastewater Advisory Group, an advisory group established by the Governing Bodies of
the Parties in accordance with their charter to examine and make recommendations
regarding collaborative operations,management and consolidation of wastewater services
for the Parties.
1.28 Mediator: Means and refers to a person who is then currently listed on the Idaho
Supreme Court list of mediators, as provided by Idaho Court Administrative Rule 73 or
any subsequent amendment or re-designation of said Rule, or, subject to unanimous
agreement of the Parties any other person.
1.29 Operational Responsibility: means and refers to the exercise of reasonable practices in
the Facilities Use and facilities planning, operations, use and maintenance in order to
receive,process and dispose Wastewater.
130 Party/Parties: means and refers to the City and/or the District, as the Parties in this
Agreement, depending upon the context of the term used in this Agreement.
1.31 Permits: means and refers to all the permits which are set forth at length on Exhibit D
attached to this Agreement and by this reference incorporated herein this definitions as if
herein set forth at length.
1.32 Permit Responsibility: means and refers to the exercise of reasonable practices in
obtaining and maintaining of any permit as is required by Federal, State and any
applicable local law in order to perform Operational Responsibility and Facilities Use as
required of this Agreement.
1.33 Qualified Electors: means and refers to the following:
1.33.1 For the City: any person who is at least eighteen (18) years of age, is a United
States citizen and who has resided in the City at least thirty (30) days next •
preceding the election at which they desire to vote and who is registered within
the time period provided by law. A "qualified elector"shall also mean any person
who is at least eighteen (18) years of age, is a United States citizen, who is a
registered voter, and who resides in an area that the City has annexed pursuant to
Chapter 2,Title 50,Idaho Code, within thirty(30)days of a City election.
•
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1.33.2 For the District: any natural person who is qualified to vote in an Idaho general
election,and who is an actual resident of the District, or who is an actual resident
of Idaho, owning land within the boundaries of the District or area to be included
within the District, or is a lease holder of a state recreational lease, or is a permit
holder of a federal recreational use permit and pays personal property tax on
improvements on the lease or permit area, irrespective of his or her place of
residence in Idaho. The holder or holders of a bona fide contract to purchase any
land within the District whose names appear upon the next preceding county
assessment roll for the payment of taxes on the land shall be deemed an owner of
land for the purposes of this section.
1.34 Rate Study: means and refers to that certain rate study dated the day of
, 2017 conducted, by FCS Group for the City and District,
in anticipation of this Agreement which is incorporated herein this definition by reference
and which rate study has been accepted by the City and District.
1.35 Recycled Water: means and refers to the wastewater effluent discharged from the City
Wastewater Treatment Plant to the J-Ditch System.
1.36 Responsibility: means and refers either individually or collectively to Operational
Responsibility and/or Permitting Responsibility depending upon the context of the term
in this Agreement.
1.37 Reuse of Recycled Water: means and refers to the conveyance through the J-Ditch
System and the transportation from the J-Ditch System and the land application of
Recycled Water.
1.38 Settlement Agreement: means and refers to that certain Settlement Agreement by and
between the Parties in settlement of the Civil Action.
1.39 Technical Advisory Group: means and refers to the Technical Advisory Group [also
known as TAG] which consists of three technical advisors: one appointed by the City;
one appointed by the District and one appointed by the City Advisor and the District
Advisor who are to provide professional, technical advice and guidance [the TAG Plan]
to the Parties regarding long-term future planning and rate making for the wastewater
treatment and disposal as set forth in Section 4 of the Settlement Agreement.
SECTION 2
RECITALS
The Parties recite and declare:
2.1 The City has the power to acquire by gift or by purchase and to construct,reconstruct and
improve a sewerage system within and without the City which includes intercepting
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sewers, outfall sewers, force mains, collecting sewers,pumping stations, ejector stations,
treatment plants, structures, buildings, machinery, equipment, connections and all other
appurtenances necessary, useful or convenient for the collection, transportation,
treatment,and disposal of the City's sewage and has the power to lease any portion of the
excess or surplus capacity of the City Wastewater Treatment Facility [I.C. §§ 50-1029
and 50-1030]; and
2.2 The District has the power to provide for sewage disposal and has the power to extend
sewer lines to an appropriate outlet and has the authority to enter into agreements with
municipalities in building, erecting or constructing sewage treatment plants and other
facilities within or without the District; and has the power to acquire, dispose of and
encumber real and personal property, water, water rights, water and sewage systems and
plants, and any interest therein, including leases and easements within or without said
District. [I.C. §§42-3202 and 42-3212(d)];and
2.3 The City has constructed and maintains the City Sewerage System, the sewage from
which is treated by the City Wastewater Treatment Plant and disposed of by the J-Ditch
System;and
2.4 The District has constructed and maintains the District Sewerage System, the sewage
from which is treated by the City Wastewater Treatment Plant and disposed of by the J-
Ditch System; and
2.5 The Parties have, over the past several years, entered into the Cooperative Agreements,
which Agreements provided for certain contributions by the District to the construction of
improvements to the City Wastewater Treatment Plant in exchange for wastewater
treatment allocations; and
2.6 The Parties had some disagreements regarding the Cooperative Agreements, ownership
and respective usage rights to the City Wastewater Treatment Plant which were the
subject of the Civil Action and which disagreements were settled by the Parties when
they entered into the Settlement Agreement, which superseded the Cooperative
Agreements;and
2.7 The Parties entered into the COWTA and established an operational relationship in
compliance with the Settlement Agreement and in coordination with the
recommendations of the Technical Advisory Group and in accordance with the Parties
respective operational capabilities and ownership and usage rights;and
2.8 The Joint Wastewater Advisory Group in the performance of its duties has reviewed
various options in regards to the collaborative operations, management and consolidation
of wastewater services for the Parties;and
2.9 The Joint Wastewater Advisory Group has recommended to the Governing Bodies of the
Parties that:
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• For reasons of unity of ownership and operation and economic efficiency that it is in
the best interests of the persons and properties within the boundaries of the City and
the District that the same be subject to one governance of the sewer services within
those boundaries because:
> Annexation of all the area within the District to the City is not practical or legally
possible and, in such event, the electors of the District would lose their right to
vote in matters involving the governance of their sewer services; and
2.10 In accordance with the terms and conditions of this Agreement:
• The District assures that it is capable of providing all the essential functions of the
Existing City Sewer System; and
• The District has agreed to assume and perform the essential functions and operations
of the Existing City Sewer System;and
• The District is acquiring sufficient assets, infrastructure, and other resources to
perform the essential operations of the Existing City Sewer System; and
• Provisions have been made for the retirement, payment or assumption of any debt,
bonds,or other liabilities and obligations of the Existing City Sewer System; and
• Provisions will be made by the Parties for the liquidation and disbursement of the
Existing City Sewer System assets and infrastructure, if any, not intended to be
transferred to the District;and
• Provisions have been made for post-annexation operation of the District.
• The District will establish director zones for the election of directors.
2.11 The Governing Body/Bodies have the authority, pursuant to and in accordance with
Idaho Code Section 42-3240, to proceed with a process for the annexation of the
Annexation Area to the District in accordance with the provisions of this Agreement; and
2.12 Based upon the recommendation of the Joint Wastewater Advisory Group and upon the
review and investigation of the Governing Bodies of the Parties, it is found by each that it
is in the best interests of the persons and properties who receive sewer services from the
District and the City that the Annexation Area be annexed into the District in accordance
with the terms and conditions of this Agreement;and
2.13 The Parties have determined it is necessary and desirable to enter into this Agreement.
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SECTION 3
PROCESS AND CONDITIONS PRECEDENT TO EFFECTIVE DATE OF ANNEXATION,
TRANSFER OF ASSETS AND AGREEMENT OF OPERATIONS
As a condition precedent to the occurrence of the Annexation Date, the provisions of this
Agreement,with the exception of this Section 3, shall not become effective until the Parties have
completed, in accordance with the provisions of Idaho Code Section 42-3240, each of the
following:
3.1 Drafted and approved this Agreement by Resolution for public inspection and for public
discussion at a joint public hearing;and then
3.2 The Parties shall set and hold a joint hearing to receive public testimony on the proposed
Agreement inclusive of the annexation and transfer and Agreement of Operation as set
forth in this Agreement; and
33 The Parties' joint public hearing shall be preceded by a joint notice published once a
week for two (2) consecutive weeks preceding the hearing, in the Star News which is the
newspaper of general circulation in the City and the District which notice shall state the
date, time and location of the Parties' joint public hearing and state the purpose of the
hearing is to receive public testimony on the proposed annexation,transfer and agreement
of operations as set forth in this Agreement and the method for a petition of qualified
electors of the City and the District is to be submitted requesting an election to approve
the proposed annexation or withdrawal,transfer and agreement of operations as set forth
in this Agreement;and then
3.4 After the joint public hearing, the Governing Body/Bodies, by majority vote of both
Governing Bodies,may either:
3.4.1 Determine to make substantive changes to this Agreement in which case the
Parties will repeat the process of this Section 3; or
3.4.2 Each Governing Body will approve a resolution calling for a special election on
the Election Date with respect to the following election questions:
3.4.2.1 By the City:
• Approval of the annexation of the Annexation Area into the
District pursuant to the terms and conditions of this Agreement.
3.4.2.2 By the District:
• Approval of the annexation of the Annexation Area into the
District pursuant to the terms and conditions of this Agreement;
and
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• Authorization to issue and sell negotiable revenue bonds of the
District for the purpose of financing (i) the design, acquisition and
construction of certain capital improvements to the District's post-
Annexation wastewater treatment system and water reuse system,
including construction of a new water reuse pipeline, and (ii) the
acquisition by the District of the Assets and, in connection
therewith,provide funds to retire the City's outstanding obligations
with respect to the City 2004 Bonds and the City 2008 Bonds; and
to pay expenses properly incident thereto including costs of
issuance of such bonds.
3.4.2.3 Majority of Elector Requirement: The above-referenced election
questions called by the City and by the District for approval must each
receive a favorable vote of a majority of the applicable Qualified
Electors.
3.5 In the event each of the election questions set forth in Section 3.4.2.1 and Section 3.4.2.2 is
approved in the manner required by law, the Governing BodyBodies shall re-approve this
Agreement by ordinance or resolution, referencing the completion and performance of
Sections 3.1 through 3.4 of this Agreement;and then
3.6 The Governing Body/Bodies shall then file with the Fourth District Court of the State of Idaho
in and for the County of Valley, a certified copy of this Agreement, the City's and District's
ordinance or resolution approved in accordance with Section 3.5 of this Agreement, certified
results of the election approving this Agreement and all other necessary documentation
requested by the District Court;and then
3.7 The Parties shall cooperate to assure that the District Court is satisfied that all the required
conditions of Idaho Code Section 42-3240 and this Agreement have been met and shall
petition the District Court for an order approving the Annexation subject only to successful
issuance of the Bonded Indebtedness;and
3.8 Once the District Court enters an order and judgment approving the Agreement inclusive of
the annexation, transfer and agreement of operations; the District shall cause the Bonded
Indebtedness to be sold in the manner provided by law for the authorization,sale and issuance
of bonds, and upon the issuance of the Bonds, the Annexation Date shall occur. The Parties
shall record the District Court's judgment with the Valley County Recorder's office and file
the same with the Valley County Assessor and with the Idaho State Tax Commission on the
Annexation Date.
SECTION 4
SUBJECT AREA OF ANNEXATION
4.1 Annexation: The Annexation Area shall be annexed into the District on the Annexation
Date.
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SECTION 5
EFFECT OF ANNEXATION
As a result and consequence of Annexation:
5.1 Prior Judgments and legal actions: The Civil Action and all prior judgments and legal
actions between the Parties are herein satisfied, settled and or released in consideration of
the provisions of this Agreement.
5.2 All prior Cooperative Agreements, Settlement Agreement, COWTA, and any other
existing Agreements by and between the Parties shall be terminated and superseded by
this Agreement.
5.3 Except as otherwise expressly provided in Section 9.9 of this Agreement, the Joint
Wastewater Advisory Group, Technical Advisory Group, and any other advisory groups
existing and formed by the Governing Body/Bodies are discharged as of the Annexation
Date.
5.4 The Parties shall facilitate any needed assignments from the City to the District of the
Easement/License Agreements as of the Annexation Date.
SECTION 6
PERMITS
6.1 The Parties have obtained the consent of all Permit issuers for the conveyance, transfer
and assignment of all Permits to the District subject to the terms and conditions of this
Agreement.
61 The City shall notify the Director at the United States Environmental Protection Agency
(EPA)Region 10, 1200 Sixth Avenue, Suite 900 OWW-191, Seattle,Washington 98101,
not less than thirty(30) days in advance of the date of permit transfer, which notice shall
contain the following:
• A copy of this Agreement;and
• Specific date of transfer of the permit compliance responsibility, coverage and
liability.
SECTION 7
ASSETS TRANSFER
7.1 On the Annexation Date, in consideration of the provisions of this Agreement and in
consideration of the payment by the District to the City of the amount necessary to pay
off and/or defease the City 2004 Bonds and the City 2008 Bonds, which amount is
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anticipated to be Seven Million Seventy Thousand $7,070,000 on the Annexation Date
the City shall convey,transfer and assign the Assets to the District pursuant to the City's
authority as set forth in Idaho Code Sections 42-3240 and 50-1403(4).
7.1.1 The conveyance, transfer and assignment of Assets will be made by the City in
the following manner
7.1.1.2 In regards to real property interest, by the passage of an ordinance and as
is appropriate by:
• Special warranty deed and acceptance,which will be accompanied
by the issuance of standard owner's title insurance policy, with
exceptions acceptable to the Parties and in an amount reasonably
related to the value of the subject real property as agreed by the
Parties,the expense of which shall be paid from the Assets;or by
• easement and lease assignment and acceptance; and
7.1.1.3 In regards to personal property, by written grant/conveyance and
acceptance as provided in Idaho Code Section 55-505 in"as-is"condition
without any special warranty except for any warranties on said Assets
that are transferable to the District.
7.1.2 The conveyance,transfer and assignment of Assets shall occur on the Annexation
Date and in accordance with the provisions of the Agreement of Operations as
provided in Section 9 of this Agreement.
SECTION 8
BONDED INDEBTEDNESS
8.1 On the Annexation Date, the District shall proceed with the issuance of negotiable
revenue bonds in the amount of$22,070,000 for the purpose of:
• Financing the design, acquisition and construction of certain capital
improvements to the District's post-annexation wastewater treatment system and
water reuse system,including construction of a new water reuse pipeline,and
• Financing the acquisition by the District of the Assets and, in connection
therewith,provide funds to retire the City's outstanding obligations with respect
to the City 2004 Bonds and the City 2008 Bonds; and
• Paying expenses properly incident thereto including costs of issuance of such
bonds.
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SECTION 9
AGREEMENT OF OPERATIONS
9.1 Interim Period: During the.Interim Period, the District and the City shall continue the
operation of the Existing City Sewer System and maintain billing, in accordance with the
provisions of COWTA, subject to any reasonable modifications as reasonably required as
mutually agreed to by the Parties as an amendment to COWTA.
9.2 Construction of System Improvements: Following the issuance of District revenue
bonds as provided in Section 8.1, the District shall proceed with the planning,
construction and operation of the system improvements.
9.3 District to establish Director Zones: The District board of directors shall, as soon as
possible by resolution, divide the District into five (5) director zones, as nearly equal in area
and parcels being served as practicable and in accordance with Director Zoning Map attached
hereto marked Exhibit E,to be known as zone one,two,three,four and five.
9.3.1 Prior to the next District election,the District Board of Directors shall adopt a director
election transition schedule for each zone,in accordance with the terms of office of the
existing directors, which provides that at the end of the last then currently serving
director term,there will not be more than one(1)director per director zone.
9.3.2 Any vacancy on the Board of Directors shall be filled in accordance with the
provisions of Idaho Code Section 42-3210 or any subsequent amendment and/or
recodification of said section of the Idaho Code.
9.4 Continued Sewer Service and Rates to Properties within the Annexation Area Upon
acceptance of the Permits and Assets as provided in Section 7 of this Agreement and, upon
delivery of the same by the City,the District shall hence forth:
9.4.1 Comply with all Easement/Permit Agreements and Permits and exercise all Permit
Responsibility including the District Reuse Permit and hold the City harmless from
any and all claims originating thereafter regarding the said Permits;and
9.4.2 Assume Operational Responsibility and operate and maintain the City Sewerage
System, City Wastewater Treatment Plant, and J-Ditch System and the Reuse of
Recycled Water and any modifications, replacements of said systems in a reasonable
and workman like manner in order to provide continued sewer services to the
properties within the Annexation Area that are receiving those services upon the
effective date of this Section of this Agreement;and
9.4.3 Establish and maintain, as required by the terms of the Bonded Indebtedness, any
necessary special dedicated fund for the receipt of monies transferred from the City
dedicated to the payment of the same and for the receipt of rate payments received
from rate payers in the City which payments are to be used to pay and retire the
Bonded Indebtedness.
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9.4.4 Shall adopt sewer service rates for properties served within the Annexation Area in
accordance with and as recommended in the Rate Study.
9.4.4.1 As circumstances regarding the costs of providing sewer services in the
future change from the effective date of this Section,the District may change
those rates as are reasonable and in accordance with the law.
9.5 Personnel: Upon Annexation no City personnel will be transferring their employment to
the District but shall cooperate with District personnel, as is reasonably needed, in order
to then provide for the continued oversight/management of the Assets by the District.
9.6 Ordinances and Policy: The District and the City will communicate and work together
in the drafting and enactment of any reasonably needed ordinances and policy to provide
for the protection and maintenance of the Sewer System.
9.7 Existing Plan Adoption: Upon the Annexation Date, the District shall adopt, approve,
and as appropriate, re-approve the following master plans for operational and planning
purposes:
• City of McCall Comprehensive Plan
• District Sewer Master or Facilities Plan
• City Water Master Plan
• City Transportation Master Plan
9.7.1 Unless otherwise specifically provided in this Agreement, any proposed
amendment, revision or update of any plan, by either Party, referenced in this
section, shall be reviewed for comment and recommendation to the Governing
Bodies by the Advisory Group.
9.7.2 Any proposed amendment, revision or update of any plan, referenced in this
section, shall not be approved by the Governing Body of the responsible Party
until the applicable process of Section 9.8 of this Agreement has been completed.
9.8 Planning,Land Use Regulation,Applications and Annexation Process: The City and
the District shall cooperate, as is relevant to the providence of sewer services within the
District, on sewer service issues in the process of development of standards and
regulations, comprehensive planning, zoning, platting, special use permits, public right-
of-way and other land use regulation, development matters and annexations and in this
regard:
9.8.1 Parties General Planning and Development Process: The City Public Works
and Community Development Departments and the City council and the District's
staff and its board of directors shall continually coordinate their respective utility
systems and facilities planning and operations, as it affects the providence of
sewer services within the District. Such coordination shall be inclusive of the
following:
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9.8.1.1 The City's public works director shall be included in the District's sewer
master plan process, any plans or requests for system upgrade,
improvement or expansion and in any pre-annexation petition process;
and
9.8.1.2 The District's Operations Managers shall be included in the City's
comprehensive planning process involving the Public Services, Facilities
and Utilities component and policies of the City's comprehensive plan
and in consideration of any changes in City regulations or standards that
would have an impact or application to District facilities or operations ;
and
9.8.1.3 The City Community Development Department shall provide advance
written notice to the District's Operations Manager and invitation to
attend any pre-application meeting with developers involving any of the
following:
• Comprehensive plan amendment;
• Annexation
• Zoning
• Conditional use permitting
• Planned unit development
• Large residential or commercial or industrial development affecting
sewer facilities and system capacities
• Subdivision
• Standards
• Variance
9.8.2 District Policy and Regulation Process: The District board of directors shall,
when in the process of adopting, amending or repealing a District policy or
regulation,involving its sewage system and facilities:
9.8.2.1 Receive and consider written requests for policy or regulation from the
City;and
9.8.2.2 Provide advanced thirty (30) days written notice to the City's
Community Development Department and Public Works Department;
and receive, review and consider any written and/or oral comment from
the City, as is relevant to the mitigation of adverse impact or to provide
for consistency in planning and interaction of the providence of services F;
by the Parties.
9.8.3 City Comprehensive Planning process: The City planning and zoning
commission and the City council shall, when in the process of the identification
and inclusion of additional area to the City's impact area or when in the process
of the preparation, implementation, review and updating of the City's
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comprehensive plan, provide advanced thirty (30) days written notice to the
District; and
9.8.3.1 Receive, review and consider the written and/or oral comment from the
District,regarding the areas for inclusion in the impact area or regarding
sewage planning and related land use and utility planning, for inclusion
in the Public Services, Facilities and Utilities component of the
comprehensive plan.
9.8.4 City Zoning Ordinance process: The City planning and zoning commission and
the City council shall,when in the process of amending existing zoning,zoning in
annexations, establishing new zoning and/or overlay zoning ordinances or when
considering zoning land use and standards regulations, provide advanced thirty
(30) days written notice to the District; and
9.8.4.1 Effects upon Delivery of Services and Comprehensive Plan
Compliance: Receive, review and consider the written and/or oral
comment from the District, regarding the effects of any proposed zone
or standards regulation change upon the delivery of sewage services
by the District and its compliance with relevant sewer services and
utility policies of the City's comprehensive plan.
9.8.4.2 Development Agreements: Receive, review and consider reasonable
requests from the District for conditional commitments of developers
and owners for inclusion in development agreements by the City as a
condition of rezoning.
9.8.5 City Special and Conditional Use Permitting: The City planning and zoning
commission and the City council shall, when in the process of considering
applications for special or conditional use permits, provide advanced thirty (30)
days written notice to the District; and
9.8.5.1 Receive, review and consider the written and/or oral comment from the
District,regarding the following:
• Whether or not the proposed special use application requires a study
to be conducted in order to assess its fiscal and/or environmental
affects upon the District's operations; and
• Relevant conditions to be included to mitigate the effects of the
proposed development upon the District's ability to provide sewage
services which may include any of the following as is reasonable
and relevant:
✓ Minimizing adverse impact on other development;
✓ Controlling the sequence and timing of development;
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✓ Controlling the duration of development;
✓ Assuring that development is maintained properly;
✓ Designating the exact location and nature of development;
✓ Requiring the provision for on-site or off-site public facilities or
services;
✓ Requiring more restrictive standards than those generally
required in an ordinance.
9.8.6 City Subdivision Ordinance, Applications and Mitigation Fees: The City
planning and zoning commission and the City council shall, when in the process
of consideration of subdivision ordinance standards and regulations or subdivision
applications,provide advanced thirty(30)days written notice to the District; and
9.8.6.1 Receive, review and consider the written and/or oral comment from the
District,for provisions and/or conditions to provide for the mitigation of
the effects of subdivision development on its ability to deliver sewage
services without compromising quality of that service to current users
and without the imposition of substantial additional costs to provide
those services to current users.
9.8.6.2 Provide notice to the District and work with District staff in the
consideration and in the drafting of proposals for the adoption and or
amendment of the City's subdivision ordinance to provide for
subdivision mitigation fees.
9.8.7 City Variance Applications: The City planning and zoning commission and the
City council shall,when in the process of considering variance applications which
have relevance to the District's operations, provide advance fifteen (15) day
written meeting agenda notice to the District; and
9.8.7.1 Receive, review and consider the written and/or oral comment from the
District, as are relevant to the mitigation or elimination of any adverse
effects the requested variance would have upon the ability of the District
to provide sewage services.
9.8.8 City Standards: The City planning and zoning commission and the City council
shall provide advanced thirty(30)days written notice to the District,at such times
as it is considering standards for: building design; blocks,lots, and tracts of land;
easements for public utilities; water systems; sewer systems; storm drainage
systems; [whether those standards are provided as part of zoning, subdivision,
planned unit development, or separate ordinance adopted, amended, or repealed]
and which standards have relevance to the District's operations and shall:
9.8.8.1 Receive and consider written and/or oral communication from the
District which may also include District requests for standards adoption.
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9.8.9 City Annexation Process: The City planning and zoning commission and the
city council shall, in the process of considering applications for or in the process
of City initiated, annexation provide to the District thirty (30) days written
meeting notice prior to any hearing, of the proposed annexation and the District
shall timely respond to the City in writing as to whether or not a simultaneous
annexation into the District is recommended or required;and
9.8.9.1 In the event the District recommends or requires simultaneous
annexation of the subject area into the District, the City staff, planning
and zoning commission and city council shall coordinate with the
District staff and board of directors on the annexation process.
9.8.9.2 In the event the real property which is the subject of the annexation is
intended to be developed in a manner that requires sewer services then
annexation into the District shall be required by the City.
9.8.10 District Annexation Process: The District board of directors shall, in the
process of considering a petition of annexation or real property outside of the
City limits, thirty(30) days prior to any hearing, notify the City in writing of the
proposed annexation and the City shall timely respond to the District in writing
as to whether or not a simultaneous annexation into the City is recommended or
required; and
9.8.10.1 In the event the City recommends or requires simultaneous annexation
of the subject area into the City, the District's Operations Manager and
staff, and board of directors shall coordinate with the City staff and
planning and zoning commission and City council on the annexation
process.
9.8.10.2 In the event the real property, which is the subject of the annexation is
contiguous to the City limits, annexation into the City shall be required
by the District.
9.8.10.3 In the event the real property, which is the subject of a petition for
annexation into the District is not contiguous to the City limits, but is
within the City Impact Area, consent of the City Governing Body shall
be required as a condition precedent to annexation by the District.
Consent of the City Governing Body shall not be arbitrarily or
capriciously withheld.
9.8.11 City Development Impact Fees Process: The City staff shall provide notice to
the District and work with District staff in regards to the District capital
improvement plan and requested interagency agreement for the remittance of
development impact fees to the District as a part of the consideration and
drafting of proposals for the adoption and or amendment of a City development
impact fee ordinance.
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9.9 Budget Process: The preparation of the fiscal year budget of each Party shall include the
following process:
9.9.1 District: The District shall provide reasonable advance written notice to the
City's public works director of the District's initiation of its budget process for
the next fiscal year and request for relevant comment and recommendations for
consideration for inclusion in the District's budget.
9.9.2 City: The City shall provide reasonable advance written notice to the District's
Operations Manager of the City's initiation of its budget process for the next
fiscal year and request for relevant comment and recommendations for
consideration for inclusion in the City's budget.
9.10 Advisory Group: The Joint Wastewater Advisory Group shall continue subsequent to
the Annexation Date in accordance with the following:
9.10.1 Standing Committee: Subsequent to the Annexation Date, the Advisory Group,
is established as a standing Joint Committee of the Parties in the exercise of their
joint exercise of powers authority pursuant to Idaho Code Sections 67-2326
through 67-2328.
9.10.2 Name: The Advisory Group shall be known and designated as the "Post
Annexation Joint Wastewater Advisory Group"
9.103 Membership: The then current members of the McCall Joint Wastewater
Advisory Group shall continue as members of the Advisory Group for a period of
ninety (90) days at which time the Governing Bodies of the Parties shall have
appointed members of the Advisory Group in accordance with the following:
9.10.3.1 Number and appointment of Members: There shall be seven (7)
members of the Advisory Group which shall consist of the following:
• District's Operations Manager
• City's Public Works Director
• City's Community Development Director [Planning and Zoning
administrative department head]
• One District employee appointed by the District's Board of
Directors
• One District Director appointed by the District's Board of
Directors
• One City Council Member appointed by the City Council
• One District Elector, who is also a resident within the District
appointed by agreement of the City Council and the District's
Board of Directors for a term of one (1) year. There is no
limitations on re-appointment. Filling a vacancy of this member
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shall be appointed in the same manner.
9.10.4 Charge: The Advisory Group is charged with the following responsibilities:
9.10.4.1 To monitor, provide assistance, review, and comment to Parties' staff
and to report and make recommendations to the Governing Bodies of
the Parties regarding the performance of Section 9 [the Agreement of
Operations] of this Agreement.
9.10.5 Advisory Group Organization:
9.10.5.1 For ninety (90) days subsequent to the Annexation Date, the Advisory
Group shall continue under its existing organizational structure.
9.10.5.2 At the first Group meeting, ninety (90) days subsequent to the
Annexation Date and annually thereafter, the Advisory Group members
shall select from among their number a Chairperson and a Vice
Chairperson. The Chairperson shall be responsible, in consultation with
Advisory Group members, for the agenda and sign all official
communications as authorized by the Advisory Group.The Chairperson
shall likewise conduct the meetings of the Committee. Such duties of
the Chairperson shall be performed by the Vice Chairperson in the
absence of the Chairperson or as delegated by the Chairperson.
9.10.5.3 The District's Secretary or designee shall serve as the Secretary of the
Advisory Group and shall take the minutes of all meetings of the
Advisory Group and post the agenda notice in accordance with the
Open Meeting Law and shall report any vacancies on the Advisory
Group to the City Council and the Board of Directors of the District.
9.10.5.4 The Advisory Group may designate other offices and/or tasks to be held
or carried out by its members in the performance of the duties of the
Advisory Group.
9.10.5.5 The Advisory Group shall establish a regular meeting schedule.
9.10.5.6 The agenda of each meeting shall include the approval of the minutes
of the last meeting and the Secretary shall provide a copy of the
approved minutes to the City Council and the Board of Directors of the
District.
9.10.5.7 Fifty percent (50%) of the membership of the Advisory Group shall
constitute a quorum. Once a quorum is established for a meeting, the
subsequent absence of a member present for creating the quorum shall
not dismiss the quorum.
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9.10.5.8 A majority vote of those present at any meeting is sufficient to carry
motions.
9.10.6 Advisory Group Expenses: The costs and expenses of the Advisory Group,
unless otherwise specifically agreed by the Parties, shall be an expense of the
District with the exception of any expenses of participation by the City council
member and the City public works director which shall be borne by the City.
9.10.7 Duration: The Advisory Group shall perpetually continue as a joint standing
committee of the Parties. The Advisory Group may be terminated or revised by
the mutual agreement of the Parties at any time subsequent to one (1) year
following the Annexation Date.
SECTION 10
DEFAULT/DISPUTE PROCESS AND RESOLUTION
10.1 Default Notice and Response: In the event a Party [Claiming Party] claims there is a
Default, the Claiming Party shall send written notice of Default to the other Party
[Responding Party] specifying the claim of Default and specifying: a reasonable amount
time for a response that sets forth the Responding Party's position regarding the claimed
Default.
10.1.1 All Default notices shall be made within a reasonable time of the occurrence or
within a reasonable amount of time when the Claiming Party should have been on
notice of the Default.
10.2 Default Disputes Resolution and Remedies: In the event of a claim of Default and the
time for response has lapsed and the claim of Default has not been resolved, the
following procedure and remedies shall apply:
10.2.1 Within 30 days, after the date a response to the claim of Default was due, either
Party may then provide written Notice of Demand for Mediation of the claim of
Default to the other Party and the mediation process shall then proceed as follows:
10.2.1.1 The Parties shall agree upon a Mediator within sixty(60) days of the
date the demand for mediation is served. In the event the Parties
cannot agree on a Mediator, then the Mediator shall be selected by the
following process:
• Each Party submits the name of a Mediator on an identical slip of
paper; and
• Each slip of paper shall then be placed in a hat by the District's
Chairman at a meeting of the Governing Body of the District; and
• One of the slips of paper shall then be drawn from the hat by a
designee of the City and read aloud for the record of the meeting;
and
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10.2.1.2 The mediation shall be conducted under the direction of the selected
Mediator.
10.2.2 In the event the claim of Default is not resolved in mediation, either Party may
then file an action for a Declaratory Judgment so long as there is a basis in law or
fact over the issues involving an interpretation of this Agreement which meets the
jurisdictional qualifications of Idaho Code Section 10-1202 and/or a Breach of
Contract action, seeking interpretation of this Agreement and/or damages and/or
specific performance of this Agreement.
SECTION 11
NOTICE
11.1 All notices given pursuant to this Agreement or contemplated under this Agreement shall
be given as follows:
District: City:
Payette Lakes Recreational Water and Sewer City of McCall
District
ATTN: Dale Caza ATTN: Nathan Coyle
District Operations Manager City Manager
Fax: 208-634-7613 Fax: 208-634-3003
E-Mail: caz @citlink.net E:Mail: ncoyle @mccall.id.us
U.S. Mail: U.S. Mail:
201 Jacob Street 216 E.Park Street
McCall,ID 83638 McCall,ID 83638
11.2 Effective Date of Notice: The Effective Date of Notice given under this Agreement shall
be three (3) days after the date of posting with the U.S. Postal Service of Notice sent to
the Party or upon the day of Notice sent by facsimile or e-mail to the Party.
11.3 Method use for Notice to be Timely: Notice shall be provided in a manner that is most
reasonable given the circumstance requiring the Notice.
11.4 Changes in Notice Contact Information: At such times as any of the Notice Contact
Information changes for either party, they shall provide the other party with the
information in writing using the Notice of Contact Information Change form attached
hereto as Appendix 1.
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SECTION 12
COOPERATION OF THE PARTIES
12.1 General Cooperation: In order to complete all the necessary provisions of this
Agreement,the City and the District shall, in good faith and in a timely manner, complete
all ancillary tasks and execute any and all necessary documents to complete the
provisions of this Agreement.
SECTION 13
EFFECTIVE DATE AND AGREEMENT TERM
13.1 Initially: This Agreement shall commence at such time as both Parties have approved a
resolution authorizing the execution of this Agreement and this Agreement has been so
executed and notice of the same together with the identification of each Party's
Administrator.
13.1.1 Until the provisions of Section 3 have been completed, the other provisions of
this Agreement, except for any relevant provisions directly related to the
performance and completion of the provisions of Section 3, are not effective
until the completion of the performance of all the provisions of Section 3.
13.2 Termination: This Agreement shall terminate as follows:
13.2.1 Upon mutual agreement of the Parties; or
13.2.2 In the event the Parties determine to change the Agreement following a public
hearing as provided in Section 3.4.1.
1313 In the event there is a failure of an election provided for and held in accordance
with the provisions of Section 3; or
13.2.4 In the event there is a failure to obtain the necessary consents for the transfer
and assignment of Permits.
13/3 In the event there is a failure by the District to sell bonds in the manner
necessary to issue the Bonded Indebtedness.
SECTION 14
AMENDMENT PROVISIONS
14.1 This Agreement may only be amended in accordance with the following process:
14.1.1 An amendment may be proposed by either Party.
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14.1.2 A proposed amendment must be in writing and include this entire Agreement as
then existing, and shall therein include a strike-through of any language to be
deleted and underlining of any new language of the proposed Amendment.
14.1.3 A proposed Amendment shall contain a Statement of Purpose (which shall
include a statement of how the Parties will be affected by the Amendment), the
Party to contact for information and the amended Agreement text.
14.1.4 The proposing Party shall also prepare and submit to the other Party the
proposed Amendment as above stated together with a Restated and Amended
Agreement form in the event the proposed Amendment is approved.
14.1.5 An approved Restated and Amended Agreement shall be executed by the
District's Chairman of the Board of Directors and the Mayor of the City.
14.2 Subsequent to the District Court entering a judgment of approval of this Agreement, the
amendment process,in addition to section 14.1,shall be as follows:
14.2.1 The Parties shall set and hold a joint hearing to receive public testimony on the
proposed Agreement Amendment; and
14.2.2 The Parties' joint public hearing shall be preceded by a joint notice published
once a week for two (2) consecutive weeks preceding the hearing, in the Star
News which is the newspaper of general circulation in the City and the District
which notice shall state the date, time and location of the Parties' joint public
hearing and state the purpose of the hearing is to receive public testimony on the
proposed Agreement amendment's;and then
14.2.3 Following the joint public hearing, the Governing Body/Bodies, by majority
vote of both Governing Bodies,may either:
14.2.3.1 Determine to make changes to the proposed amendment/s in which
case the Parties will repeat the process of this Section 14.2; or
14.2.3.2 Approve by resolution the amendment/s
14.2.4 The respective Resolutions of the Parties of approval of any amendment/s of
this Agreement shall then be certified by the District Secretary on the part of the
District and by the City Clerk on the part of the City and then each filed District
Court.
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SECTION 15
GENERAL PROVISIONS
15.1 Attorney Fees: In the event litigation is brought to enforce any of the terms or provisions
of this Agreement, or enforce default thereof by either of the Parties hereto, the
successful Party to such action, as shall have been determined by the Court as the
prevailing Party, shall be entitled to recover from the losing Party a reasonable attorney
fee as determined by the Court.
15.2 No Third Party Beneficiaries: Each Party to this Agreement intends that this Agreement
shall not benefit or create any right or cause of action in or on behalf of any person or
legal entity other than the Parties hereto.
15.3 Severability: Should any term or provision of this Agreement or the application thereof
to any person,parties or circumstances, for any reason be declared illegal or invalid, such
illegality or invalidity shall not affect any other provision of this Agreement, and this
Agreement shall be construed and enforced as if such illegal or invalid provision had not
been contained herein.
15.4 Counterparts: This Agreement shall be executed by the Parties in two (2) counterparts,
and each such counterpart shall be deemed an'original."
153 Captions: The subject headings of the paragraphs and subparagraphs of this Agreement
are included for purposes of convenience only and shall not affect the construction or
interpretation of any of its provisions.
15.6 Choice of Law: This Agreement shall be governed and interpreted by the laws of the
State of Idaho.
15.7 Assignment: No Party may assign this Agreement or any interest therein.
IN WITNESS WHEREOF, the undersigned Parties have by action and/or authority of
their Governing Bodies caused this Agreement to be executed and made it effective as
hereinabove provided,this day of , 2017.
DATED AND SIGNED this day of ,2017.
CITY OF MCCALL
By
Mayor
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,110112017
ATTEST:
By:
, Clerk
By City Council Resolution No.
DATED AND SIGNED this day of , 2017.
PAYETTE LAKES RECREATIONAL
WATER AND SEWER DISTRICT
By:
Chairman
ATTEST:
By:
, Secretary
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EXHIBIT A
ANNEXATION AREA
• City of McCall Sanitary Service Area Maps prepare by Rod M. Skiftun
Professional Land Surveyor No. 9585 revision dated 3 Feb 2016
consisting of two (2) pages.
• Legal Description prepared by Rod M. Skiftun Professional Land
Surveyor No. 9585 dated February 3, 2016 consisting of seven (7)
pages.
AGREEMENT OF ANNEXATION PLAN,PROPERTY TRANSFER AND
AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 27
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r` SKIFTUN LAND SURVEYING, INC.
LOTS-BOUNDARY-TOPOGRAPHY-ALTA
•� SUBDIVISIONS-CONSTRUCTION-FLOOD DATA
� -`• •I it Working hard to protect your property investment!
FEBRUARY 3,2016 Page 1 of 7
CITY OF McCALL
SANITARY SEWER SERVICE AREA
Sections 3,4,7, 8, 9, 10, 15, 16, 17, 20 and 21,T. 18 N.,R.3 E.,B.M.
City of McCall,Valley County,Idaho
2,986 Acres
A parcel of land situate in Sections 3, 4,7, 8, 9, 10, 15, 16, 17, 20 and 21 T. 18 N.,R. 3 E.,B.M.,City
of McCall,Valley County, Idaho, more particularly described as follows:
Commencing at the Section Corner common to Sections 5, 6, 7, and 8,T. 18 N., R. 3 E.,B.M.,Valley County,
Idaho,the REAL POINT OF BEGINNING:
Thence,Easterly, 39 feet, more or less,along the line common to said Sections 5 and 8,to the easterly
right-of way of Warren Wagon Road,
Thence, Southerly, 2,655 feet,more or less,along said easterly right-of-way to the southerly boundary of
Parcel RP M0000008 3719,
Thence,Easterly,476 feet,more or less,along said southerly boundary,also being the northerly
boundary of Parcel RP M0244000 OOIA, and the northerly boundary of Lot 1, of vacated
Shellworth Park Subdivision,as shown on the official plat thereof on file in Book 4, on Page 15
of Plats,in the Office of the Recorder of Valley County, Idaho,to the Ordinary High Water Line
of Payette Lake,
Thence, Southeasterly, 730 feet,more or less,along said Ordinary High Water Line,to the Right Bank of
the North Fork of the Payette River,
Thence,Easterly, 109 feet,more or less,to the Left Bank of the North Fork of the Payette River,on the
Ordinary High Water Line of Payette Lake,
Thence,Easterly and Northeasterly, 9,800 feet,more or less, along said Ordinary High Water Line of
Payette Lake,to northerly boundary of S%2 S%2, of Section 4,T. 18 N., R. 3 E.,B.M.,Valley
County, Idaho,
Thence,Northerly,270 feet,more or less,to the Northwest Corner of Parcel E,as shown on that
particular Record of Survey,recorded as Instrument No. 156310, in Book 2,on Page 138 of
Surveys, in the Office of the Recorder of Valley County,Idaho,
Thence, Easterly, 152 feet, more or less,along the northerly boundary of said Parcel E,
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Rod M.Slditun-P.L.S.9585 a 9585
13784 Highway 55 McCall,ID 83638
208-634-3696/Fax 208-634-8475
E-mail: rskiftun@frontiernet.net ,,2, OF ve
-11. SICI
EXHIBIT A
Page 27-3
City of McCall Sanitary Sewer Service Area,Cont'd. Page 2 of 7
Thence, Southerly, 165 feet,more or less,along the easterly boundary of Parcel C,D,and E of said
Survey,to the southerly right-of-way of Agate Street,being the Northwest Corner of Parcel B,of
said Survey,
Thence, 194 feet,more or less, along said southerly right-of-way,being the northerly and easterly
boundary of said Parcel B,to the Southeast Corner thereof, lying on the northerly boundary of the
S%2 S%2 of said Section 4,
Thence, Easterly, 185 feet,more or less, along said northerly boundary,to the SE 1/16 Corner of said
Section 4,
Thence, continuing Easterly,49.6 feet,more less, along said northerly boundary to the easterly right-of-
way of Davis Street, being the Southwest Corner of Parcel A, of said Survey Instrument No.
156310,
Thence,Northerly,225 feet,more or less, along said easterly right-of-way to the Northwest Corner of
said Parcel A,
Thence, Southeasterly, 312 feet,more or less,along the northerly boundary of said Parcel A,to the
northerly boundary of the S%2 S%2,of said Section 4,
Thence, Easterly,978 feet, more or less, along said northerly boundary,to the South 1/16 Corner,
common to Sections 3 and 4, T. 18 N., R. 3 E., B.M.,Valley County, Idaho, lying on Carico
Road,
Thence,co Northerly, 153 feet, more or less,along the line common to said Sections 3 and 4,to the
Northwest Corner of 19th Hole Estates,as shown on the official plat thereof on file in Book 5,on
Page 33 of Plats, in the Office of the Recorder of Valley County, Idaho,
Thence, Easterly,261 feet,more or less,along the northerly boundary of said 19th Hole Estates,to the
North Corner of Lots 18 and 19,of said subdivision,
Thence, Southeasterly, 115.47 feet, more or less,to the northerly right-of-way of Fairway Loop,being
the South Corner of said Lots 18 and 19,
Thence, Easterly,294 feet,more or less,along said northerly right-of-way to the South Corner of Lots
22 and 23,of said subdivision,
Thence,Northerly, 111.18 feet, more or less,to the northerly boundary of said subdivision, being the
North Corner of said Lots 22 and 23,
Thence, Easterly,290 feet, more or less,along said northerly boundary to the Northeast Corner of said
19th Hole Estates,
Thence, Southerly, 153 feet,more or less,to the northerly boundary of the S%2 SW1/4 of said Section 3,
Thence, Easterly, 1,767 feet along said northerly boundary to the Center South 1/16 Corner of said
Section 3, being the Northwest Corner of Lick Creek Meadows Subdivision Phase 1,as shown on
the official plat thereof on file in Book 10, on Page 36 of Plats, in the Office of the Recorder of
Valley County,Idaho,
Thence, Southerly, 1,324 feet, more or less,to the Quarter Corner common to Sections 3 and 10,T. 18
N., R. 3 E.,B.M.,Valley County, Idaho, being the Southwest Corner of said Subdivision,
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Rod M.Skiftun—P.L.S.9585 w 9585 g
13784 Highway 55 McCall,ID 83638
208-634-3696/Fax 208-634-8475 '
E-mail: rsldftun@frontiemet.net
OF 1�
SKIT
EXHIBIT A
Page 27-4
City of McCall Sanitary Sewer Service Area,Cont'd. Page 3 of 7
Thence,Easterly, 1,971 feet,more or less,along the line common to said Sections 3 and 10,to the
Southeast Corner of Lick Creek Meadows Subdivision Phase 2,as shown on the official plat
thereof on file in Book 11, on Page 17 of Plats, in the Office of the Recorder of Valley County,
Idaho,
Thence,continuing Easterly, 660 feet, more or less to the Section Corner common to Sections 2, 3, 10
and 11,T. 18 N., R.3 E., B.M., Valley County, Idaho,
Thence, Southerly, 3,960 feet,more or less,to the South 1/16 Corner common to said Sections 10 and
11,
Thence, Westerly,4,605 feet along the northerly boundary of the S%Z S'/2,o of said Section 10,to the
easterly right-of-way of Spring Mountain Boulevard,
Thence, Southwesterly, 1,593 feet,more or less,along said easterly right-of-way,to the line common to
Sections 10 and 15,T. 18 N.,R. 3 E.,B.M.,Valley County, Idaho,
Thence,continuing Southwesterly, 176 feet, more or less, along said easterly right-of-way, to the line
common to Sections 15 and 16, T. 18 N., R. 3 E., B.M.,Valley County,Idaho,
Thence, Southerly, 1,235 feet,more or less,to the North 1/16 Corner common to said Sections 15 and
16,
Thence,Easterly,2,640 feet,more or less,along the northerly boundary of the S'A NW'/4, of said Section
15,
Thence,Northerly, 1,320 feet,more or less,to the Quarter Corner common to said Sections 10 and 15,
Thence,Easterly, 1,320 feet,more or less,to the East 1/16 Corner common to said Sections 10 and 15,
Thence,Southerly,2,640 feet,more or less,to the Center East 1/16 Corner of said Section 15,
Thence,Westerly,3,960 feet, more or less,to the Quarter Common to said Sections 15 and 16,
Thence, Southerly, 1,669 feet, more or less, along the line common to said Sections 15 and 16,to the
Southeast Corner of Parcel RP 18NO3E16 7200m,
Thence,Westerly,980 feet, more or less,along the southerly boundary of said Parcel RP 18NO3E16
7200,to the Southwest Corner thereof,
Thence,Northerly, 348 feet,more or less, along the westerly boundary of said Parcel,to northerly
boundary of the SE% SE1/4,of said Section 16,being the Northeast Corner of said Parcel RP
18NO3E16 7200,
Thence,Westerly,340 feet,more or less,along said northerly boundary to the Southeast 1/16 Corner of
said Section 16,
Thence,Southerly,707 feet, along the westerly boundary of said SE1/4 SE1/4,
Thence, Westerly, 525 feet,more or less, along the southerly boundary of Jacob's Manor,as shown on
the official plat thereof on file in Book 10,on Page 36 of Plats, in the Office of the Recorder of
Valley County, Idaho,to the Southwest Corner thereof,
Thence, Southeasterly, 595 feet,more or less,to the northerly right-of-way of Krahn Lane,
Thence, Westerly, 344 feet,more or less, along said northerly right-of-way to the easterly right-of-way of
Highway 55,
Thence, Southeasterly,41 feet,more or less, along said easterly right-of-way,to the line common to
Sections 16 and 21,T. 18 N.,R. 3 E.,B.M., Valley County, Idaho,
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Rod M.Skiftun—P.L.S.9585 '14 9585
13784 Highway 55 McCall,ID 83638
208-634-3696/Fax 208-634-8475 `f
E-mail: rskiftunafrontiernet.net OF 1�
dAt si
EXHIBIT A
Page 27-5
City of McCall Sanitary Sewer Service Area,Cont'd. Page 4 of 7
Thence, Westerly, 622 feet, more or less,to the Quarter Corner common to said Sections 16 and 21,
Thence,continuing Westerly, 1,268 feet,more or less,to a point on easterly boundary of the McCall
Municipal Airport parcel, as shown on that particular Record of Survey,recorded as Instrument
No. 202221, in Book 4, on Page 210 of Surveys, in the Office of the Recorder of Valley County,
Idaho,
Thence, Southerly,2,657 feet,more or less, along said easterly parcel boundary,to the northerly
boundary of the NE'/ SW'/, of said Section 16,
Thence, Easterly, 59 feet,more or less, along said northerly boundary,
Thence, Southerly, 1,101 feet, along said airport parcel boundary,
Thence, Westerly, 720 feet, more or less,along the southerly boundary of said parcel,
Thence,Northerly, 1,118 feet,more or less, along the westerly boundary of said parcel,to the northerly
boundary of the NW'/ SW'/, of said Section 16,
Thence, Easterly, 61 feet,more or less, along said northerly boundary,
Thence,Northerly,2,653 feet, more or less,along said westerly parcel boundary,to the line common to
said Sections 16 and 21,
Thence, Westerly, 798 feet, more or less,to the Section Corner common to Sections 16, 17,20 and 21,
T. 18 N., R. 3 E.,B.M.,Valley County, Idaho,
Thence, Southerly,460 feet,more or less, along the line common to said Sections 20 and 21,to the
Southeast Corner of the 10 acre parcel,as shown on that particular Record of Survey,recorded
as Instrument No. 349021, in Book 11,on Page 67 of Surveys, in the Office of the Recorder of
Valley County, Idaho,
Thence, Southwesterly,673 feet, more or less,to the Northeast Corner of Lot 2, Merganser Lake PUD,
as shown on the official plat thereof on file in Book 12, on Page 8 of Plats, in the Office of the
Recorder of Valley County, Idaho,
Thence,continuing Southwesterly,227 feet, more or less,to the Northwest Corner of said Lot 2, being
an angle point on the easterly boundary of Lot 3,of said subdivision,
Thence,Northerly, 518 feet,more or less,to the Northeast Corner of said Lot 3,on the line common to
said Sections 17 and 21,
Thence,Westerly, 1,770 feet,more or less,to the Quarter Corner common to said Sections 17 and 21,
Thence,continuing Westerly,838 feet, more or less,along said common section line,to the Southwest
Corner of River's Crossing Subdivision, as shown on the official plat thereof on file in Book 10,
on Page 24 of Plats, in the Office of the Recorder of Valley County, Idaho, also being the
Southeast Corner of Parcel RP 18NO3E17 6935,
Thence,Northwesterly, 804 feet,more or less, along the southerly boundary of said Parcel RP
18NO3E17 6935,to the Southwest Corner thereof,
Thence,Northwesterly,753 feet,more or less, along the boundary common to said River's Crossing
Subdivision,and the southerly boundary of said parcel,to the Southwest Corner thereof,
Thence,Northerly, 316 feet,more or less,along the westerly boundary of said parcel,to the southerly
right-of-way of Chad Drive,as shown on Record of Survey,Book 6, on Page 688,
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Rod M.Skiftun—P.L.S.9585 a 9585
13784 Highway 55 McCall,ID 83638
208-634-3696/Fax 208-634-8475
E-mail:rskiftun @frontiernet.net OF l�
jt. SIGH
EXHIBIT A
Page 27-6
City of McCall Sanitary Sewer Service Area,Cont'd. Page 5 of 7
Thence,Easterly, 504 feet, more or less,along said southerly right-of-way,to the Northwest Corner of
Lot 25, Pine Terrace Addition No.2,as shown on the official plat thereof on file in Book 7,on
Page 75 of Plats, in the Office of the Recorder of Valley County,Idaho,
Thence,Southeasterly,284 feet,more or less,along the westerly boundary of said Lot 25,to the
Southwest Corner thereof,also being a corner of Lot 2, said River's Crossing Subdivision,
Thence,Northeasterly, 125 feet,more or less,along the common boundary between said Pine Terrace
Subdivision No.2 and River's Crossing Subdivision,
Thence,Northeasterly, 927 feet,more or less, along said common boundary,to the Southwest Corner of
Parcel RP I8NO3E17 6605m, as shown on that particular Record of Survey,recorded as
Instrument No. 186513, in Book 4,on Page 27 of Surveys, in the Office of the Recorder of
Valley County,Idaho,
Thence,Easterly, 323 feet,more or less,along the boundary common to said River's Crossing
Subdivision,and the southerly boundary of said parcel,to the Southeast Corner thereof,
Thence,Northerly, 147 feet,more or less,along the boundary common to said River's Crossing
Subdivision, and the easterly boundary of said parcel,to the Northeast Corner thereof,also being
the Center South 1/16 Corner of said Section 17,
Thence,Westerly,259 feet,more or less, along the boundary common to said River's Crossing
Subdivision,and the northerly boundary of said parcel,to the Southwest Corner of Lot 9, said
Subdivision,
Thence,continuing Westerly, 11 feet,more or less,to Northeast Corner of Lot 17,said Pine Terrace
Addition No. 2,
Thence,continuing Westerly, 1,066 feet,more or less, along the northerly boundary of said subdivision,
to the Southwest 1/16 Corner of said Section 17,
Thence,continuing,Westerly, 145 feet, more or less,to easterly right-of-way of Chad Drive,being the
Northwest Corner of Lot 9,of said subdivision,
Thence,Northwesterly, 178 feet,more or less, along said northerly right-of-way to the Southwest Corner
of the City of McCall Property parcel,as shown on that particular Record of Survey,recorded as
Instrument No.293266,in Book 8, on Page 151 of Surveys, in the Office of the Recorder of
Valley County,Idaho,
Thence,Northerly, 879 feet,along the westerly boundary of said parcel,to the southerly boundary of the
S1/2 N1/2 NW1/4 SW1/4,of said Section 17,
Thence,Westerly, 30 feet, more or less,along said southerly boundary,to the westerly boundary of City
of McCall Easement,recorded as Instrument No. 246101,
Thence,Northerly, 170 feet,more or less,along the westerly boundary of said easement,
Thence,Easterly,30 feet,more or less,along the northerly boundary of said easement,
Thence, Southerly, 120 feet, more or less,along the easterly boundary of said easement,to the northerly
boundary of said City of McCall Property parcel,
Thence, Easterly, 168 feet,more or less,along said northerly parcel boundary,
Thence,Northerly, 120 feet,more or less,along said northerly parcel boundary,
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Rod M.Skiftun—P.L.S.9585 a 9585
13784 Highway 55 McCall,ID 83638
208-634-3696/Fax 208-634-8475 `i›'
E-mail:rskiftunna frontiernet.net 4b OF Z4`7
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EXHIBIT A
Page 27-7
City of McCall Sanitary Sewer Service Area,Cont'd. Page 6 of 7
Thence,Easterly, 114 feet,more or less,along said northerly parcel boundary,to the easterly boundary of
said S1/2 N1/2 NWI/4 SW1/4,
Thence,Northerly,28 feet,more or less,along the easterly boundary of said S1/2 N 1/2 N W l/4 S W 1/4,
to the southerly right-of-way of West Deinhard Lane,
Thence,Westerly,707 feet, more or less, along said southerly right-of-way,to the easterly boundary of
the SW1/4 SW1/4 NWI/4, of said Section 17,
Thence,Northerly, 145 feet, more or less,along said easterly boundary,to the southerly right-of-way of
West Deinhard Lane,
Thence, Southeasterly,205 feet,more or less, along the southerly right-of-way parcel,to the westerly
boundary of the City of McCall Sewer Lagoon parcel,
Thence,Northerly, 510co feet, more or less,along said westerly lagoon parcel boundary,to the
Southeast Corner of the McCall Industrial Park,as shown on the official plat thereof on file in
Book 8,on Page 11 co of Plats, in the Office of the Recorder of Valley County, Idaho,
Thence,Northerly,663 feet,more or less, along the easterly boundary of said Industrial Park,to the
Northeast Corner thereof,
Thence,Westerly, 668 feet,more or less, along the northerly boundary of said Park,to the North 1/16
Corner common to Sections 17 and 18,T. 18 N.,R. 3 E.,B.M.,Valley County,Idaho,
Thence,Northerly,662 feet,more or less, along the line common to said Sections 17 and 18,to the
Southwest Corner of the W1/2 NW1/4 NW1/4 NW1/4,of said Section 17,
Thence,Easterly,330 feet,more or less,to the Southeast Corner of said W1/2 NW1/4 NWI/4 NW1/4,
Thence,Northerly,660 feet, more or less,to the Northeast Corner of said W1/2 NW1/4 NW1/4 NW1/4,
Thence, Westerly,330 feet,more or less,along the northerly boundary of said W1/2 NW1/4 NWI/4
NWI/4,to the Section Corner common to Sections 7, 8, 17 and 18,T. 18 N.,R. 3 E.,B.M.,
Valley County, Idaho,
Thence,Northerly, 163 feet, more or less, along the line common to said Sections 7 and 8,to the
Northeast Corner of Parcel 1, as shown on that particular Record of Survey,recorded as
Instrument No.258083, in Book 7,on Page 64 of Surveys, in the Office of the Recorder of
Valley County, Idaho,
Thence,Westerly,416 feet,more or less,to the Northwest Corner of Parcel 3, of said Survey Instrument
No. 285083,
Thence,Southerly, 163 feet,more or less, along the westerly boundary of said Parcel 3,to the line
common to said Sections 7 and 18,
Thence,Westerly,288 feet, more or less,along said common section line,to the westerly right-of-way of
North Verita Road,as shown on the official plat of Timbercrest Subdivision Phase 1,on file in
Book 10,on Page 31 of Plats, in the Office of the Recorder of Valley County, Idaho,
Thence,Northerly, 854 feet,more or less,along said westerly right-of-way to the westerly boundary of
Parcel RP M0000007 9075,
Thence,Northerly, 136 feet,more or less, along said westerly boundary,to the Southwest Corner of
Parcel RP M0000007 9055,
Thence,Easterly,209 feet,more or less,to the Southeast Corner of said parcel,
1%ST \
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Rod M.Skiftun—P.L.S.9585 a 9585
13784 Highway 55 McCall, ID 83638
208-634-3696/Fax 208-634-8475 q '
E-mail: rskiftun @frontiernet.net of 1�
f. Situ
EXHIBIT A
Page 27-8
City of McCall Sanitary Sewer Service Area,Cont'd. Page 7 of 7
Thence,Northerly,207 feet, more or less,to the Northeast Corner of said parcel,
Thence,Westerly,209 feet,more or less,to the Nortwest Corner of said parcel,e
Thence,Northerly,237 feet, more or less,to the southerly boundary of the NE1/4 SE1/4, of said Section
7,being the Northwest Corner of Parcel RP M0000007 9010,
Thence, Westerly,907 feet,more or less,to the Southeast 1/16 Corner of said Section 7,
Thence,Northerly, 1,320 feet,more or less,to the Center East 1/16 Corner of said Section 7,
Thence, Westerly, 1,320 feet,more or less,to the Center 'A Corner of said Section 7,
Thence,Northerly, 1,314 feet, more or less,to the southerly boundary of Ski Ranch Subdivision,
Amended, as shown on the official plat of thereof,on file in Book 8, on Page 53 of Plats, in the
Office of the Recorder of Valley County, Idaho,
Thence,Easterly, 169 feet,more or less,along the southerly boundary of said subdivision,to the
Southeast Corner of Lot 12 thereof,
Thence,Northerly, 1,154 feet, more or less,to the southerly right-of-way,being the Northeast Corner of
Lot 2,of said subdivision,
Thence,Northeasterly, 175 feet,more or less,to the northerly right-of-way of State Highway 55, on the
line common to Sections 6 and 7,T. 18 N., R. 3 E., B.M., Valley County, Idaho,
Thence,Easterly, 1,102 feet,more or less,to the East 1/16 Corner common to said Sections 6 and 7,
Thence, continuing Easterly, 1,320 feet,along said common line,to the Point of Beginning.
EXCEPTING THEREFROM:
Four contiguous parcels of land,totaling 1.0 acre,more or less, situate in the SE1/4 of the SE1/4,of
Section 7,T. 18 N.,R. 3 E., B.M.,Valley County,Idaho,being Parcels RP M0000007 9210, RP
M0000007 9216,RP M0000007 9230,and RP M0000007 9223.
A parcel of land, containing 4.2 acres,more or less, situate in the SE1/4 of the NE1/4,of Section 17, and
the SW1/4 of the NW1/4, of Section 16,T. 18 N., R.3 E.,B.M.,Valley County,Idaho,being
Parcels RP M0000017 1905.
A parcel of land, containing 20.0 acres,more or less, being the N1/2 of the SE1/4 of the SE1/4,of
Section 9,T. 18 N.,R. 3 E.,B.M.,Valley County,Idaho, being Parcels RP 18NO3E09 9005.
The above described parcel of land has a total area minus exceptions =2,986 ACRES,more or less.
The above description was created without benefit of a field survey.The boundary was determined
using record data,the bearings and distances are approximate,and distances stated for any given course
using a called to boundary are approximate.All distance are for reference only and the total distances
along any boundary called are simply record distances along the boundary added together. THE AREA
SHOWN ABOVE, GIVEN THE NATURE OF THE DESCRIPTION, WAS DETERMINED
GRAPHICALLY ONLY. CALCULATED CLOSURE WAS NOT POSSIBLE.
s
o61STEp G,p�
Rod M.Skiftun—P.L.S.9585 a 9585 vi
13784 Highway 55 McCall,ID 83638
208-634-3696/Fax 208-634-8475
E-mail:rskiftun0frontiernet.net ! OF Z�
SKI
EXHIBIT A
Page 27-9
3101/2017
EXHIBIT B
ASSETS
The following are listed in order of their appearance in this exhibit.
REAL PROPERTY: -
The J-Ditch Pond Real Property description:
• See attached copy of Quitclaim Deed dated May 5,2003 Recorded as Instrument#271792
Valley County Recorder consisting of eight(8)pages.
The Sewer Treatment Plant:
• See attached copy of Warranty Deed dated September 13, 1967 recorded as Instrument
#68596 consisting of four(4)pages.
• See attached copy of Warranty Deed dated March 16, 1982 recorded as Instrument#119122
consisting of one(1)page.
• See attached copy of Warranty Deed dated February 8, 1982 consisting of three(3)pages
PERSONAL PROPERTY AND IMPROVEMENTS ON REAL PROPERTY DESCRIPTIONS:
• Lift Station List attached consisting of one(1)page.
• Personal Property excel list consisting of three(3)pages.
• Lists of various assets inclusive of improvements on real property and equipment consisting
of eleven(11)pages.
VARIOUS EASEMENTS AND RIGHTS-OF-WAY FOR THE LOCATION AND MAINTENANCE OF THE
City Sewerage System:means and refers to the City of McCall's intercepting sewers,outfall sewers,
force mains,collecting sewers,pumping stations, ejector stations,structures,buildings,machinery,
equipment connections and all other appurtenances to its said system used for the collection and
transportation to the City Wastewater Treatment Plant NOT OTHERWISE DESCRIBED ABOVE
which will be identified by the Parties accordingly and conveyed on the Annexation Date.
SEWER FUND BALANCE: The balance of the City's Sewer Proprietary fund balance, after the
payment of expenses of that fund,to be identified by the Parties and transferred on the Annexation
Date.
AGREEMENT OF ANNEXATION PLAN,PROPERTY TRANSFER AND
AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 28
Instrument# 271792
VALLEY COUNTY,CASCADE,IDAHO
/J 2003.e5-15 01:15:38 No.of Pages:.8
t/ Recorded for:CLARK&FEENEY .•:1
!!! 0428' 02 ELANDG HEINf2lCH Fee:24.00;,�
QUITCLAIM DEEI x-OD Recorder Deputy 4 `- r
Index to:QUITCLAIM DEED d'
THIS INDENTURE Made this.%day of e:A ,2003,between ESTATE OF
JOHN PHILIP SEUBERT,party of the first part,and JEANNE M CHERIE SEUBERT,party
of the second part,who has stated her current address to be
WITNESSETH,That
The party of the first part,for and in consideration of the sum of ONE DOLLAR($1.00)and
other good and valuable considerations,to him in hand paid by the party of the second part,receipt
whereof is hereby acknowledged,does by these presents remise,release and forever quitclaim unto
the party of the second part,and to her heirs and assigns,all of his right,title and interest now held
or hereafter acquired in and to the following described real properties, situate in the County of
Valley,State of Idaho,to-wit:
See attached Exhibit"A"
TOGETHER With all and singular the tenements,hereditaments and appurtenances thereunto
belonging or in anywise appertaining, and the reversions, remainders, rents, issues and profits
thereof.
TO HAVE AND TO HOLD All and singular the said premises unto the party of the second
part,and to her heirs and assigns forever.
IN WITNESS WHEREOF the party of the first part has hereunto set his hand and seal the
day and year hereinabove first written.
E TATE OF JOHN PHILIP SEUBERT•
STATE of IDAHO _
County of Idaho
cords et requoN.l • , •
at 1A: ' _d m on 5!9,;0A y:Jeanne M.Seubert,Personal Rep entative
ROSE E:GEHRING •
ay(a ,.[#n Cry,..40, Recorder 1
Fees E y' O1 I Deputy•
ti-I PO i5O4 ass
.' 3� LAW OFFICES OF
IN-U7�t��1�ry�t CLARK AND FEENEY
LEWISTON.IDAHO 83501
EXHIBIT B
Page 28-1
STATE OF IDAHO )
)ss.
County of Ncz Feree )
On this day of 2003,before me,the tuadersigned,a Notary Public in and
for said state,personally appeared Jeanne M.S eubert,known or identified to me to be the Personal
Representative of the Estate of John Philip Seubert and the person whose name is subscribed to the
within instrument,and acknowledged to me that she executed the same_
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day
and:year.in this certificate first above written.
A.f>>; '� Notary Public for a State of Idaho
„1 Residing at r,,triiereem.
,' My commission expires: -1 -14, • . -o o 3
2
LAW OFFICES OF
CLARK AND FBENEY
LEWISTON.tOAHO 83501
EXHIBIT B
Page 28-2
I •
Item 6. * 'McCall Quarry
Situate in Valley County,Idaho,to wit:
•
A parcel ofland situate in the NEI/4 of the SE1/4 of Section 18,Township 18 North,Range
3,EBM,Valley County,Idaho,more particularly described as follows:-Commencing at a
brass cap marking the 1/4 corner common to Sections 17 and 18,Township 18 North,Range
3 East,Boise Meridian,Valley County,Idaho;thence S.00°06'33"W.,51036 feet along the
line common to said Sections 17 and 18 to a 5/8"rebar,the real point of beginning: Thence
i continuing S.00°06'33"W.,219.85 feet along said common line to a 5/8"rebar on the north
right-of-way of Chad Lane,thence 5734 feet along a non-tangent curve to the right whose.
long chord bears N.49°16'03"W., 57.32 feet,whose radius is 659.73 feet and delta angle
is 04°58'46"along said north right-of-way to a 5/8"rebar,thence N.46°46'40"W.,962.90
. • feet along said north right-of-way to a 5/8"rebar,thence S.89°52'33"E.,238.54 feet along
a line parallel to and 35.00 feet south of the east-west center section line of said Section 18,
thence S.46°46'40"E.,695.73 feet to the Point of Beginning. Bearings based on State Plane
• Grid Azimuth.
AND
A parcel of land situate in the SW1/4 of the NW 1/4 and the Ni/2 of the SW 1/4,Section 17,
and the SE1/4 of the NE1/4 and the NE1/4 of the SE1/4,Section 18,T. 18 N.,R.3 E.,BM,
Valley County,Idaho,more particularly described as follows:
Commencing at the 1/4 Corner common to Sections 17 and 18,T. 18 N..,R. 3 E.,B.M., •
Valley County, Idaho;thence N.0°10'56" E,298.02 feet along the line common to said
Sections 17 and 18 to the Real Point of Beginning: thence S.89°52'18"E., 809.97 feet;
thence.S.25°40'30"E., 331.02 feet to the northerly boundary of said N1/.2SW1/4,thence
S.89°52'18'E.,382.86 feet to the CW 1/16 corner of said Section 17,thence S.0°09'19"W.,
128.34 feet; thence S.89°54'08"E., 668.55 feet, thence S.0*10'42"W., 203.00 feet to the
C-N-NE-SW 1/256 corner of said Section 17, thence S.89*54'08"E„ 334.23 feet to the
NE-NE-SW 1/256 corner of said Section 17, thence S.0°11'24"W., 661.62 feet to the
SE-NE-SW 1/256 corner of said Section 17,thence N.89°57'48"W., 1,002.30 feet to the
C-S-N-SW 1/256 corner of said Section 17,thence continuing N.89°57'48"W.,236.81 feet,
thence S.32°09'32"W., 210.02 feet to the northerly right-of-way of Chad Drive, thence
N.57°50'28"W.,320.00 feet along said right-of-way to a 5/8"rebar,thence 44.29 feet along
said right-of-way on a curve to the left,whose long chord bears N.65°18'14"W.,44.16 feet,
radius is 170.00 feet and delta angle is 14°55'32"to a 5/8"rebar,thence N.72°46'00"W.,
485.13 feet along said right-of-way,thence 241.91 feet along said right-of-way on a curve
to the right,whose long chord bears N.62°15'43"W.,240.56 feet,radius is 659.73 feet and
delta angle is 21°00'34"to the line common to said Sections 17 and 18,thence N.0°06'33"E.,
EXHIBIT B
Page 28-3
: •
Exhibit A to Schedule A
Estate of John P.Seubert,Deceased
SSN: 519-36-3718
219.85 feet along said section line, thence N.46°46'40"W., 695.73 feet; thence
N.89°52'33"W., 238.54 feet to the northerly right-of-way of Chad Drive, thence
N.46°46'40"W.,47.17 feet along said right of way to a 5/8"rebar,thence 105.31 feet along
said right-of-way on a curve to the left,whose long chord bears N.68°19'37"W., 102.84 feet,
radius is 140.00 feet and delta angle is 43°05'54" to a 5/8"rebar,thence N.89*52'33"W.,
. 5237 feet to a 5/8"rebar marking the south west corner of Lot 1,Blue Jay Subdivision as
shown on the Official Plat thereof on.file in Book 7, Page 78 of Plats in the Office of the
Recorder of Valley County,Idaho,thence N.0°12'15"E.,261.00 feet to a 5/8"rebar marking
the northwest corner of said Lot 1, thence East 928.82 feet to the Point of Beginning,.
containing 63.493 acres,more or less. ALONG with an undescribed 30 foot wide drainage
easement ruining from the eastern most boundary of the above-described property to the
North Pork of the Payette River, to be located or relocated by mutual agreement of the
adjoiners. ALONG with a 60 foot wide access easement situate west of and adjacent to the
City of McCall Lagoon property, running from the north boundary of Lot 8, McCall
Industrial Park to the north boundary of the above-described parcel. ALONG with and
subject to a 70 foot wide access and utility easement to extend Boydstun Street south along
the section line common to Sections 17 and 18 to Chad Drive. SUBJECT to a 70 foot wide
access and utility easement extending westerly along the center section line of Section 18
from the 1/,4 corner common to Sections 17 and 18 to extend West Mountain Road to
Boydstun Street. SUBJECT to Idaho Power line easements of record. Bearings based on
State Plane Grid. SUBJECT to Power line easement granted to Idaho Power Company
recorded as Instrument Nos.47383,120522 and 151497;and to Right-of-way granted to the
City of McCall,recorded as Instrument No. 119128.
AND
A parcel of land situate in the SW 1/4 of the NW1/4 Section 17,T.18 N.,R3 E.,B.M.,Valley
County, Idaho, more particularly described as follows: Commencing at the 1/4 corner
common to Sections 17 and 18,T. 18 N.,R 3 E.,1.M.,Valley County,Idaho;thence N.
0°02'44"W.,294.01 feet along the line common to said Sections 17 and 18 to a point;thence
N.89°59'58"E.,809.06 to a point on the Eastern boundary of a 60'wide easement,the Real.
Point of Beginning;thence in a Northwesterly direction along the said Eastern boundary of
a 60'wide Easement to the Southeast corner of Lot 8,McCall Industrial Park Subdivision,
PrOti
G1
EXHIBIT B
Page 28-4
S S
Exhibit A to Schedule A
Estate of John P.Seubert,Deceased
SSN: 519-36-3718
according to the official plat thereof recorded August 24, 1987,as Instrument No. 156826;
thence West along the South boundary line of said McCall Industrial Subdivision to the
Southwest corner of Lot 9,McCall Industrial Subdivision;thence South a distance of 361.98
feet more or less,to a point on a line which is S.89°59'58"W:of the Real Point ofBeginning;
thence N.89°59'58"E„back to the Real Point of Beginning. TOGETHER WITH a 60'wide
• access easement across the East 60'of Lot 8,McCall Industrial Park Subdivision. SUBJECT
to a 60'wide easement along the entire Easterly boundary of the above-described parcel.
SUBJECT to public utility easements,subdivision restrictions and U.S.Patent reservations.
AND
A parcel of land situate in the Nl/2 of the SW1/4 of Section 17,T. 18 N.,It.3 E.,B.M.,
Valley County,Idaho,more particularly described as follows: Commencing at a brass cap
marking the 1/4 corner common to Sections 17 and 18,T.18N.,R.3E.,B.M.,Valley County,
Idaho;thence S.89°52'18"E.,2,340.10 feet along the east-west center section line of said •
Section 17;thence S.00°1 1'24"W.,992.43 feet to a 5/8"rebar marking the SE-NE-SW 1/256
corner of said Section 17,the Real Point of Beginning: thence,continuing S.00°11'24"W.,
331.04 feet to the north boundary of Pine Terrace Addition No 2,as shown on the official
Plat thereof on file in the office of the Recorder of Valley County,Idaho,in Book 7 on page
75 of Plats;thence N.89°59'38"W, 1146.65 feet along said north boundary to a 5/8"rebar
on the northerly right-of-way of Chad Lane;thence 95.05 feet along a non-tangent curve to
the left whose long chord bears N.44°13'34"W.,94.16 feet,whose radius is 200.00 feet and
delta angle is 27°13'49" along said northerly right-of-way;thence N.57°50'28"W., 16239
feet along said northerly right-of-way to a 5/8"rebar;thence N.32°09'32"E.,210.02 feet to
a 5/8"rebar,thence S.89°57'48"E., 1,239.11 feet to the Point of Beginning.
AND
A parcel of land situate in the NE1/4 of the SW1/4 of Section 17,T.18N.,R.3 E.,B.M.,
Valley County,Idaho,more particularly described as follows: Commencing at a Brass Cap
marking the 1/4 corner common to Sections 17 and 18, T.18N,R3E,BM,Valley County,
Idaho; thence S. 89°52'18"E.,2,340.10 feet along the cast-west center section line of said
Section 17; thence S.00°11'24"W., 165.96 feet to the Real Point of Beginning: thence
'mod
EXHIBIT B
Page 28-5
•
Exhibit A to Schedule A
Estate of John P.Seubert,Deceased
SSN: 519-36-3718
continuing S.00°11'24"W.,164.85 feet to a 5/8"rebar marking the NE-NE-SW 1/256 corner
of said Section 17, thence N.89°54'08"W., 334.23 feet to a 5/8" rebar marking the
C-N-NE-SW 1/256 corner of said Section 17, thence N.00°10'42"E., 164.85 feet,thence
S.89°54'08"E.,334.26 feet to the Point of Beginning.
AND .
A parcel of land situate in the SE1/4 of the NE 1/4 of Section 18,Township 18 North,Range
3 East, Boise Meridian, Valley County, Idaho, more particularly described as follows:
Commencing at a brass cap marking the quarter corner common to Sections 17 and 18,
Township 18 North, Range 3 East,•Boise Meridian, Valley County, Idaho; thence
N.00°10156"E.,298.02 feet along the line common to said Sections 17 and 18,to a'/2'rebar;
thence West 50.00 feet to a I/2"x24"rebar on the westerly right-of-way of Boydstun Street,
the Real Point of Beginning: thence continuing West 428.38 feet to a 5/8"mbar marking the
Southeast corner of Lot 6,Blue Jay Subdivision,as shown on the official plat thereof on file
in Book 7,page 78 of Plats,in the office of the Recorder of Valley County,Idaho;thence
N.00°10'56"E.,992.66 feet along the extended east boundary of Lots 6 and 7 of said Blue
Jay Subdivision to a%2"x24"rebar on the southerly right-of-way of West Valley Road;thence
5.89°48'13"E., 428.38 feet along said southerly right-of-way to a '/2'x24" rebar on the
westerly right-of-way of Boydstrum Street;thence 5.00°10'56"West,991.19 feet along said
westerly right-of-way to the Point of Beginning.
AND
A parcel of landbeing part of the SW 1/4 of Section 17,T.18N.,R.3E.,B.M.,Valley County,
Idaho, and more particularly described as follows: Commencing at a found brass cap
marking the West 1/4 corner of Section 17,T.18N.,R.3E.,B.M.,Valley County,Idaho;thence
S.89°52'18"B.along the East-West Center Section line of said Section 17, 1,337.20 feet to
a found 5/8"iron pin marking the Center West 1/16 corner of said Section 17;thence leaving
said Center Section line S.00°09'19"W., 128.34 feet to a found 5/8" iron pin; thence
S.89°54'08"E.,668.55 feet to a found 5/8"iron pin;thence S.00°10'42"W.,38.15 feet to the
True Point of Beginning; thence S.89°54'08"E., 334.26 feet to a point; thence
S.00°11'24"W.,1,157.51 feet to a point on the Northerly boundary of Pine TerraceAddition
•
EXHIBIT B
Page 28-6
111
Exhibit A to Schedule A
Estate of John P.Seubert,Deceased
SSN: 519-36-3718
No 2, a subdivision recorded in Book 7,page 75, of the Valley County Records; thence
along said Northerly boundary N.89°59'38"W.,1,146.65 feet to a found 5/8"iron pin on the
Northeasterly Right-of-Way of Chad Drive; thence along said Right-of-Way, on a
non-tangent curve to the left,having a radius of 200 feet,a length of 9505 feet,and a long
chord which bears N_44°13'34"West,94.16 feet to a point;thence continuing along said
Right-of-Way N.57°50'28"W., 81,90 feet to a point; thence leaving said Right-of-Way
N.00°00'00"W.,928.80 feet to a point;thence 5.89°54'08"E,,168.43 feet to a point;thence
N.00°00'00"W., 119.70 feet to a point; thence S.89°54'08"E., 782.80 feet to the Point of
Beginning. Said Parcel contains 33.47 acres,more or less. SUBJECT to easements,liens
or encumbrances of record,in use,or visible on the property.
•
•
•
Y •
•
•
•
•
•
•
•
• . PL
EXHIBIT B
Page 28-7
• •
. •
Item 8. Donnelly Property •
Situate in Valley County,Idaho,to wit:
Wl/2NW1/4 of Section 12,and the SW1/4SW1/4 of Section 1,all in Township 15 North,
Range 3 East,Boise Meridian,Valley County, Idaho. SUBJECT to easements,liens or
encumbrances of record or visible on the property;ALSO SUBJECT to the restrictions set
• forth in that certain Warranty Deed & Restrictive Covenant recorded 8/30/2000, as
Instrument No.249415,records of Valley County,Idaho.
AND
NE1/4NW1/4 of Section 12, Township'15 North, Range 3 East,Boise Meridian,Valley
County,Idaho. SUBJECT to easements,liens or Encumbrances of record or visible on the
i property. ALSO SUBJECT to the restrictions set forth in that certain Warranty Deed&
Restrictive Covenant recorded 8/30/2000, as Instrument No. 249416, records of Valley
County,Idaho.
•
•
•
•
•
i
1
ism
EXHIBIT B
Page 28-8
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•
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.';
S It ;;:f.:.1 i t `';
r irAxa EUIVrON ;V t and BETTE J WALKER, "1,t �;;'•
•
„. husband and wits,. , •
ltVS±i1. i� St1 �?
4:• the geeetolla ,do busby Vest.bariefn,sop and coars•unto : The City of tz
?,• r/ McCa11, Idaho 1�`n.•9. fi
•
t'
' �y` the i ,tbs fcac6,71,13 deeeribsd prombes, Is -Valley Counts id:thn, to trit: 1 f `,:•
ill StOCt_iCh 17, Township 10 North, Range 3 East, 13.M.. as Poll,... ;t"'
• ' W SW N ; 1
Si r
; g 8 3z.1} 8 MO; 45tt -,
n I ti.'r Nis SE* SE4 NUfi; and /
R
That portion of the Si SEt SE} NW;t lying North and West of a I+, `r;
,.• • diegotal line extending from the Southwest corner of said 3r:. �.,
tract to the Northeast corner thereof.
t Ni•N ? NE} sv4;
iawry • x,1,1 •
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TO HAVE AND TO HOLD the said premises,with their appurtenances unto the said Grantee
V • its heirs and assigns forever. And the said Grantors do hereby covenant to and 1;
with t'lle said Grantee ,that t hey the owners in fee simple of said premises;that they are tree
f. ;:4. drum all incumbraneee 1
., a •
d.
....4•1•,-
t -i r
.li end that they will warrant and defend the name from all lawfu!claims whatsoever.�� *::.:2.::::
t M� Yet
•i. Dated: Septemret• 13, 196" r 4i,••
•STATE OF IDAHO.C NTY OF VCsilev STATE OF IOAHn,+01 \1•t• its: bra' lay)SY — ;_ : : �ttt,
(v! r 'i 1�
On this day of S e pt. . 17 q), I hereby certify that this insttutnent n-as sled Cot record nt a ice
r Hobe H. II heron me.•notary public In and for,md~rate,personalty the rcquea of ! ft;ilk I u 5 ip r t ,
ept red BURTON E WALKER and C s
at No mmuu•a put 10 a clocku•m•, >!i -' p•BETTE
J WALKER, husband and 29 P. tg t
wife th+. day or a:' k� i •
k. ! 1068 .in my*fore,and duly morded In*ad*X Jr:. 01 ' ►1 tr .,; {?.
''' ' of Deets 1f9�5 fC Ox ,
i
!t known to me to br the perdu S whose n. s are t '', `
r t 1 Fced A. Howe pew _ it �`�
. °N 2s,'f! : t!.--r' '! ,I, it•s4; .,,1 .X; ;+� — -— 8tr4.+c1 +N ;...7:::17.-..-
nt:• •
''i�__!.T bite �baftlt7 ^ S s ; J
"� W ,
Rcslding at McCall ry ,Idaho Fees S .90 _1,1 L
Comm. f:xp.rra 4te_ed✓ /5,6 7 _ �. 1 7
L:. . EXHIBIT B
Page 28-9
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1 Il EXHIBIT B
• Page 28-11
-40 f:oi
.�� 1 �� C
,,5�' CITY OF McCALL !'II li'. E6 �2��� City Clerk's Office i.1 .._ — ILL)j
\J' 216 E.Park Street,McCall, ID 83638 I
Office(208)634-4874 Fax(208)634-3038 Email:jyork
Request to Examine/Copy Public Records
Idaho Public Records Act-Idaho Code§9-337 to 9-348
Name: IeiY»567Irj (Date:2/Tn S (Time:
Mailing Address: Po fsc V-cZ3✓ (((
City/State/Zip: L /0 f5 363r Phone: �,3 4-+{q q o Fax:
Signature: � � � Email: C I''eu4,S e 'rn,.h umf:.na
I acknowledge by my signature that t`Se records sought by this request will not be use for a mailing list or telephone list as
set forth in Idaho Code §9-348
Information Requested* (Please include as much detail as possible.)
[ ] I wish to merely examine these records. [)1 I wish copies of these records.
i\ICOA4/614.411 ,ae-dJ -4( 67A-24/1/,
1
*A nominal fee may be charged, including an hourly fee for jobs requiring 2 hours or more labor.
Fees for large jobs may be payable in advance.
Office Use Only:
Verbal Response: Date:
3-Day Written Response: Date:
10-Day Written Response: Date:
10-Day Final Written Response Date:
Cost
Total#of copies: x $ $
Total labor (if applicable): x $
Sub-total $
Sales Tax: x 6% $
Postage(if applicable): $
Paid-Total Cost $
Completed by:
Revised 01/07
EXHIBIT B
Page 28-12
i 6
t4 Cr l
al MOUNTAIN TITLE COMPANY
10 WARRANTY DEED
For Value Received BURTON E. WALKER and BETTY J. WALKER, husband and
wife,
the grantor,hereby conveys,grants and warrants to the CITY OF McCALL, IDAHO, a municipal
corporation of the State of Idaho, P. O. Box 1065, McCall,
Idaho 83638;
the grantee,the following described premises,to-wit:
The N1 of the NWT of the SEA of the NWI , Section 17, Township
18 North, Range 3 East, B.M. in Valley County, 'Idaho; contain-
ing 5.08 acres, more or less.
Witness the hand of said Grantors this it. day of�Ft�i~.a A.D.19 82.
4:67-9.a—A€Z4-11
STATE OF IDAHO COUNTY OF VAL Y STATE OF IDAHO, COUNTY OF Valley (sa
On this ((a day of ,19 8 2 I hereby certify that this instrument was filed for record at ai
before me,a notary public in and for said State,personally the request of Robert H. Remaklus A
appeared BURTON E. WALYER and 45 10 a C
BETTE J. WALKER, husband at minutes peat o'clock m., tri
this 17 day of March
and wife, lit 82,in my office,and duly recorded in I3'dikDr.03 , 2
of Deeds at gs, yj P
known to me to be the person S who se name S ar' J. W. Crutcher
subscribed to the within instrument,and acknowledged to
me that they executed the tame. Ex-Officio Recorder
f •
CO
X!. WiCzeLu By t�f. /�.t///`J lil
!�/ Notary Public
Deput
✓ / ,Idaho Fees$2.00
Residing at McCall /// C �t G� cortrM40
Comm. Expires Mail to: Box 759 Cascade
,..1-. //,p /, to-;'t 1 :,^E:1 p^--
tl_..LO.tnoutt Pr
EXHIBIT B
Rage 28-13
htp
WARRANTY DEED
THIS INDENTURE, made and entered into this 8th day of
February, 1982, between the CITY OF McCALL, in Valley County,
Idaho, a municipal corporation, duly organized and existing
under and by virtue of the laws of the State of Idaho, party of
the first part herein, hereinafter called Grantor, and BURTON
E. WALKER and BETTE J. WALKER, husband and wife, P. O. Box
1043, McCall, Idaho 83638, parties of the second part herein,
hereinafter called Grantees,
W I T N E S SETH :
That the Grantor has been duly authorized by Ordinance
No. 442 of the City of McCall, Idaho, passed and approved
December 7, 1981, to trade to the Grantees the real property
described herein for certain ,:eal property of the Grantees
described in said Ordinance No. 442i and all things provided
by law to be done having been done and performed by the parties
hereto, for and in consideration of receipt of a warranty
deed from Grantees to said real property described in said
Ordinance, and other valuable consideration, heretofore re-
ceived from Grantees, all of which consideration has been
deemed adequate by the McCall City Council, the Grantor has
granted, bargained and sold, and by these presents does grant,
bargain, sell, convey and confirm unto the said Grantees, and
to their heirs, executors, administrators and assigns forever,
all the following described real estate situated in Valley
County, State of Idaho, to-wit:
The Southerly 203.0 feet of the Nh of the NWT, of the NEB
,"of the SW4, Section 17, Township 18 North, Range 3 East,
B.M. in Valley County, Idaho, being described by a line
parallel with the Southerly boundary of said parcel;
containing 3.12 acres, More or less; AND
A parcel of land situate in the Ens of the Sigh of the
NWh, Segti.fln_17, Township 18 North, Range 3 East, B.M.,
in Valley County, Idaho, more particularly.4Qaorike- e.
follows:
Commencing at the Southwest corner of the SEA of the
SWIE of the NWT, Section 17, Township 18 North, Range
3 East, B.H. in Valley County, Idaho, the real point of
beginning; thence North 0°10'29" West, 640.80 feet along
the Westerly line of said SE4SW10W',; thence South 17°
46'45" East, 155.40 feet along an existing barbed wire
fence; thence South 26°01'00" East, 545.5 fppt :i1'r"rq
said fence to the Southerly line of said SEhSWsNWki
thence South 89°28'27" West, 284.80 feet to the point
of beginning; containing 1.96 acres, more or less.
Bearing based on Tudor Engineering Company survey for the
City of McCall. •
EXHIBIT B
Page 28-14
411 411 r, 1
I
Together with all and singular the tenements, heredit,:ments
and appurtenances there unto belonging or in anywise• appertaining,
and the reversion and reversions, remainder and remainders,
rents, issues and profits thereof, and all estate, right, title
and interest in and to the said property, as well in law as
in equity, of the said Grantor.
To have and to hold, all and singular, the above mentioned
and described premises, together with the appurtenances, unto
the said Grantees and to their heirs, executors, administrators
and assigns forever. And the said Grantor and ita successors,
the said premises in the quiet and peaceable possession of
the said Grantees, their heirs, executors, administrators
and assigns, against the said Grantor, and its successors,
and against all and every person and persons whomsoever, lawfully
claiming or to claim the same, shall and will warrant and by
these presents forever defend.
IN WITNESS WHEREOF, the Grantor has caused its corporate
name to be hereunto subscribed by JAMES R. LYONS, Mayor of the
City of McCall, and its corporate seal to be affixed by
MARGARET E. FOGG, City Clerk, pursuant to said Ordinance, the
day and year first above written.
CITY OF McCALL, IDAHO
By
Mayor
Attest: 1
,ty�C1er1 �/
EXHIBIT B
Page 28-15
• •
STATE OF IDAHO
ss.
County of Valley )
On this '/, day of • brue y, 1982, before me the
undersigned Notary Public in and for said State, personally
appeared JAMES R. LYONS, known to me to to be the Mayor of
the City of McCall, Idaho, that executed the said instrument,
and acknowledoed to me that such City of McCall, Idaho,
executed the same.
*N WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this certificate
first above written.
is L 4t i 1 r:1; .
Nota`ffPublic for Idaho
Residing at McCall, Idaho
EXHIBIT B
Page 28-16
Asset Asset Agreement
Description Category Location Part Other Details
Lift Station#1 Lift Station Davis Street/Aspen
Lift Station#2 Lift Station/Generator Mountain Meadows
Lift Station#3 Lift Station Mill Park/Hemlock
Lift Station#4 Lift Station Davis Beach-Hemlock St.
Lift Station#5A Lift Station Pine Street
Lift Station #6 Lift Station/Generator Yacht Club
Lift Station#7 Lift Station/Generator River Sewer
Lift Station#8 Lift Station/Generator Rio Vista/Carmen
Lift Station#9 Lift Station/Generator River Sewer E/W Loop Bridge
Lift Station#11 Lift Station Floyd Street
Lift Station#12 Lift Station Smitty Avenue
Lift Station#14 Lift Station Krahn Lane
Lift Station#15 Lift Station/Generator Rivers Crossing
•
EXHIBIT B
Page 28-17
Asset Asset Agreement
Description Category Location Part Other Details
2006 JD 3520 Tractor Vehicles WWTP
2005 F 150 4x4 Pickup Vehicles WWTP
Backhoe" '9 Vehicles Shared
J-Ditch Phase 1 Pump Treatment Plant 3 Ditch
Winter Storage Pond Treatment Plant 3 Ditch
60 hp Transfer Pump Treatment Plant J Ditch
P/C Panel Treatment Plant J Ditch
Electronic Controls for Pumps Treatment Plant J Ditch
2 x 450 Pumps-Heating&Cooling System Treatment Plant J Ditch
Flow Meters&Read Outs Treatment Plant J Ditch
4 x Monitoring Wells Treatment Plant 3 Ditch
SCADA Alarm Treatment Plant JDitch
Water Level Wells Treatment Plant J Ditch
Underdrain Line Treatment Plant 3 Ditch
Mixing Building Treatment Plant JDitch-Mixing Building
Main Check Valve Treatment Plant -J Ditch-Mixing Building
Vault Treatment Plant J Ditch-Mixing Building
2 x 12"control valves Treatment Plant 1 Ditch-Mixing Building
3 x Flow Meters Treatment Plant 'Ditch-Mixing Building
PLC Treatment Plant J Ditch Mixing Building
2 x Unit Heaters Treatment Plant J Ditch-Mixing Building
Clean Out#1 Treatment Plant 1 Ditch-Bottom of hill next to lift station
Clean Out#2 Treatment Plant J Ditch-Dip past smokejumper base
Clean Out#3 Treatment Plant JDitch Norwood-100'past Moon Ridge and Mission
•
Clean Out#4 Treatment Plant 3 Ditch-Next to gully-300'N.of Johnson&30'N.of phone box
Clean Out#5 Treatment Plant 3 Ditch-Corner of Simplot field-14011 Norwood Drive
Clean Out#6 Treatment Plant J Ditch-Last Dip from Mixing station approx.800'
Air Vac#1 Treatment Plant J Ditch-Top of hill east of river
Air Vac#2 Treatment.Plant J Ditch-Mission&Deinhard
Air Vac#3 Treatment Plant J Ditch-Head of first sheep bridge road
Air Vac#4 Treatment Plant J:Ditch-At top of dike by big blue barn
Air Vac#5 Treatment,Plant J Ditch-very top of hill
Air Vac#6 Treatment Plant JDitch-N.side ofJohnson&;Norwood
Air Vac#7 Treatment Plant J Ditch-1000'in Simplot:field
Isolation Valve#I Treatment Plant J Ditch-Mission&'Deinhard _
Isolation Valve#2 Treatment Plant J Ditch-Head of first sheep bridge road
Isolation Valve#3 Treatment Plant J Ditch-At top of dike by big blue barn
Isolation Valve#4 Treatment Plant J Ditch-1/4 mile further-middle of flat
Isolation Valve#5 Treatment Plant J Ditch-Mission&Moon Ridge Road
Isolation Valve#6 Treatment Plant J Ditch-very top of hill
Isolation Valve#7 Treatment Plant J Ditch-Johnson&Norwood-N.side ofJohnson
m X
CM
6.N
try
co rn
Isolation Valve#8 Treatment Plant J Ditch-1000'in Simplon field
Office Building&Lab Building 325 W.Deinhard •
3 x Blowers,Controls'&Air Lines Treatment Plant 325 W.Deinhard
Underground Service Lines Treatment Plant Treatment Plant
Bar Screen,Totalizer Treatment Plant Influent Structure
Pond l&2 Diversion Valve,Dump Screen&Dosing Pump Treatment Plant Septic Dumpsite
Influent Lines Treatment Plant Pond#1
2 each x High&Low Valves Treatment Plant Pond#1
Airation System Treatment Plant Pond#1
2:x Influent Wiers Treatment Plant Pond#2
High&Low Valve Treatment Plant Pond#2
Airation System Treatment Plant Pond#2
Influent Wier Treatment Plant Pond#3
2 x 30 hp pumps(tx from pond 3 to sand filters) Treatment Plant Pump Building
3 x level valves Treatment Plant Pump Building
Mixing Wier Treatment Plant Pump Building
2 x Influent Valves Treatment Plant Sand Filter 1-5
Influent Definer Lines Treatment Plant Sand Filter 1-5
Effluent Valve Treatment Plant Sand Filter 1-5 .
Effluent Screens Treatment Plant Sand Filter 1-5
Sand Treatment Plant Sand Filter 1-5 •
Drain Line Treatment Plant Sand Filter 1-5
Filter 2 Basin Treatment Plant Sand Filter 2
C12 Building Building Chlorine Building
Chlor-Tec Panel Treatment Plant Chlorine Building
3 x Cells(top,middle,bottom) Treatment Plant Chlorine Building
DC Rectifier Treatment Plant Chlorine Building
Brine Tank Treatment Plant Chlorine Building
Cl2 Tank Treatment Plant Chlorine Building
C12 Vault Treatment Plant Chlorine Building
2 each x Dosing Pumps(1&2) Treatment Plant Chlorine Building
Overhead Hoist Treatment Plant Chlorine Building
Unit Heaters Treatment Plant Chlorine Building
Large.Heater Treatment Plant Chlorine Building
Hubble Flash Point Heater Treatment Plant Chlorine Building
Outside Cl2 Holding Tank Treatment Plant Chlorine Building
Cell Level Sensor Fault Treatment Plant Chlorine Building
Flow Meter Vault Treatment Plant Chlorine Building .
Low Voltage Transformer Treatment Plant Chlorine Building
Effluent Screens Treatment Plant Chlorine Contact Chamber
Emergency Discharge Valve Treatment Plant Chlorine Contact Chamber
Raceway Structure Treatment Plant Chlorine Contact Chamber
Pump Building Building Boydstun St.
to ell
eD rr
02
42 to
Pump House Building 899 Fairway Drive _
Pump Out Station Building 1200 E.Lake St.
Generator Building Building 265 W.Deinhard
Generator Building Building 356 Carmen Dr.
Old C12 Building Building ????
Gravity Lines,Collector-123,471 R Underground Infrastructure -
Gravity Lines;Interceptor-69,253 ft. Underground Infrastructure
Gravity Lines,Overflow-1,976 ft. Underground Infrastructure
Gravity Lines,Trunk-61,423 R Underground Infrastructure
Pressurized Lines-48,389 ft. Underground Infrastructure
Manholes-1,284 Underground Infrastructure
D-Ditch Drain Valves(4) Underground Infrastructure
Holding Tanks(10)
Bypass Valves(2)
Spectrophotometer Lab Equipment 325 W.Deinhard
PH Probe,Meter and Stand Lab Equipment 325 W.Deinhard
Air Conditioner Treatment Plant 325 W.Deinhard
KAT Portable Generator&Trailor-1986 100KW Other Equipment 29A01319#0916
1999 Cyclops Value Pack Sewer Inspection System Other Equipment 0/74041819117606261
Portable generator Trailer Unit Other Equipment
Methane Detector Other Equipment
Chlorine:Detector Other Equipment
Autoclave Lab Equipment
Telemetric System Other Equipment
Van for Camera Equipment Vehicles
Sewer Camera Other Equipment
Lick Creek Sewer Flow lvlonitoring System
Diffusers
Hypochloritc Generation System
Influent Still Well _
PPX Sparc Propene Tank
Torch Kit Weed Dragon
2 x Transformer Low Voltage C12 Builing
Wastewater Treatment Grounds
Ci7
OfQ x
di WM
°° aN
0 tcl .
Influent Structure Aeration Pond 1
Building(Flow totalizer)Meter Influent piping(3)
Composite Sampler Aeration System
Bar Screen,Parasall Flume Discharge Weirs(2)Valves(4)
Septic Dump Station
Influent Diversion Valving
EXHIBIT B
Page 28-21
Aeration Pond 2 Aeration Pond 3
Aeration System Discharge Weir(1)Valves(3)
Discharge Weir(1)Valves(2)
EXHIBIT B
Page 28-22
Sand Filter Pump building&Cl2 Dosing vault
2(60hp pumps and valving check valves etc)
2 underground Diversion Valves
2(Cl2 dosing discharge Piping)
EXHIBIT B
Page 28-23
C12 Contact Chamber and discharge to Storage pond
Mag meter(Flow Totalizer&GPM)
Valve(1)Diversion to either EOL or storage lagoon
Parasall Flume(EOL)Flow meter
EOL(emergency outfall line)river
EXHIBIT B
Page 28-24
Cl2 Building Campus (3) Buildings
Bldg(1)
C12 Geneartion Syst
Cl2 Storage Tank(4k)
Heating System
Overhead Hoist
Hubble Water Heater
Cl2 Dosing Pumps(2)
Water Softner
GPM Totalizer display
VFD(2)(dosing Pumps)
Bldg(2)
Storage for Sewer Collection misc inventory
Bldg(3)
Storage WWTP misc Inv&6in Blue discharge
Piping
Outside Cl2 storage tank
EXHIBIT B
Page 28-25
WWTP office Campus (4) Buildings
Bldg(1)Office/Lab/Blower room
Blower Room
Lamson Blowers sets(3)
Aeration distribution Piping
Misc Tools and Parts
Lab Room
Equipment,Testing,glassware
Spectrophotometer
PH Meter
DO Meter
Incubator
Vac Pump
Autoclave
Distiller
Electrical Area
All incomming and Distribution of electrical for the
Wastewater treatment plant North of Dienhard Ln
Office Area
Desk
Computer
Printer
Record Filing
Equipment&Plant manuals
Air conditioning and heating
Bldg(2)
Machine Shed(Pole Structure)
Houses portable Generator(Cat)
John Deere(Tractor 3520)
Tractor mounted broadcast sprayer
Misc Grounds Parts
Bldg(3)
6in Gorman Rupp portable pump
John Deere riding Lawn Tractor
Misc Grounds parts
Bldg(4)
Stores Camera Van
Cement Mixer
Hydrocleaner
Misc Parts and tools
EXHIBIT B
Page 28-26
Sand Filters (5)
Influent Valves(10)
Discharge Valves&Vaults(5)
Gated Piping
Sand
SF 5 is HDPE lined
EXHIBIT B
Page 28-27
Storage Pond 450 Pump Building
Zone underdrain System(4)zones Room(1)
Groundwater monitor wells(7) All electrical
Piezomonitors(2) Pump VFD's(3)
Misc Piping Pump PLC's(2)
Fencing Harmonic Filters(2)
Computer for Piezomonitors
(3)Flow Meter Displays
Scada
Room(2)
60hp pump
Wet well
Pond Level monitor
Misc Piping
Room(3)
450hp pumps(2)
Wet well
(3)Gate valve in wet well
(4)Underground Valving
(2)Large checkvalves
(3)ARV's
(1)City J-ditch flow meter
Misc Piping
EXHIBIT B
Page 28-28
J-Ditch line Mixing Station
Clean out Vaults(6) Bldg(1)
ARV's(7) Flow meters(2)Totalizers
ISO Valves(8) Large Check Valve(1)
Underground Piping Radio Telimetry
Flow meter Displays(3)
Misc Electrical
Outside above ground Vault(1)
Gate valve(1)
weir(1)
Outside Underground Vault(1)
Piping(mixing city and Farmer h20)
Farmer flow Totalizer
EXHIBIT B
Page 28-29
Storage Pond 450 Pump Building
Zone underdrain System(4)zones Room(1)
Groundwater monitor wells(7) All electrical
Piezomonitors(2) Pump VFD's(3)
Misc Piping Pump PLC's(2)
Fencing Harmonic Filters(2)
Computer for Piezomonitors
(3)Flow Meter Displays
Scada
Room(2)
60hp pump
Wet well
Pond Level monitor
Misc Piping
Room(3)
450hp pumps(2)
Wet well
(3)Gate valve in wet well
(4)Underground Valving
(2)Large checkvalves
(3)ARV's
(1)City J-ditch flow meter
Misc Piping
EXHIBIT B
Page 28-30
J-Ditch line Mixing Station
Clean out Vaults(6) Bldg(1)
ARV's(7) Flow meters(2)Totalizers
ISO Valves(8) Large Check Valve(1)
Underground Piping Radio Telimetry
Flow meter Displays(3)
Misc Electrical
Outside above ground Vault(1)
Gate valve(1)
weir(1)
Outside Underground Vault(1)
Piping(mixing city and Farmer h20)
Farmer flow Totalizer
EXHIBIT B
Page 28-31
3/0 1120 17
EXHIBIT C
BONDED INDEBTEDNESS
1. Revenue bonds of the District for the purpose of fmancing(i) the design, acquisition and
construction of certain capital improvements to the District's post-annexation wastewater
treatment system and water reuse system, including construction of a new water reuse
pipeline, and (ii) the acquisition by the District of the Assets and,,in connection
therewith, provide funds to retire the City's outstanding obligations on the City 2004
Bonds and the City 2008 Bonds; and to pay expenses properly incident thereto including
costs of issuance of such bonds. The portion of said revenue bonds relating to subsection
(ii)hereinabove shall be issued in an amount agreed to by the Parties necessary to retire
the City 2004 Bonds and City 2008 Bonds giving consideration to required reserves and
the application of any funds already reserved or pledged to such payment.
AGREEMENT OF ANNEXATION PLAN,PROPERTY TRANSFER AND
AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 29
3/01'2017
EXHIBIT D
PERMITS
• City of McCall NPDES Permit No. ID-002023-1
AGREEMENT OF ANNEXATION PLAN,PROPERTY TRANSFER AND
AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 30
301/2017
EXHIBIT E
DIRECTOR ZONING MAP
AGREEMENT OF ANNEXATION PLAN,PROPERTY TRANSFER AND
AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 31
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3/01/2017
APPENDIX 1
Notice of Contact Information Change
FROM:.
TO:
DATE:
NOTICE IS HEREBY GIVEN, pursuant to Section 11/11.4 of the AGREEMENT OF
ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT
TO CONDITIONS PRECEDENT, dated , of the following CHANGE IN
CONTACT INFORMATION:
New Contact Information is as follows
Name/Entity:
Address:
Telephone: Fax:
Email:
Signature(Authorized Agent)
Title:
Certificate of Service
I,the undersigned,hereby certify that on the day of
20 . a true and correct copy of the above and foregoing NOTICE OF CONTACT
INFORMATION CHANGE was served upon the following by the method indicated below:
City 2r District ❑ U.S.Mail
Address ❑ Hand Delivery
City,State ZIP ❑ Facsimile
❑ Email
for City or District
AGREEMENT OF ANNEXATION PLAN,PROPERTY TRANSFER AND
AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 32
EXHIBIT B
To Resolution 17-05
NOTICE OF JOINT PUBLIC HEARING
CITY OF MCCALL, VALLEY COUNTY, IDAHO
AND
PAYETTE LAKES RECREATIONAL WATER AND SEWER DISTRICT,
VALLEY COUNTY, IDAHO
NOTICE IS HEARBY GIVEN that on March 20, 2017, at 6:30 p.m., at the Idaho First
Bank Meeting Room,475 E. Deinhard Lane,McCall, Idaho,the City Council (the"City Council")
of the City of McCall, Valley County, Idaho (the "City") and the Board of Directors (the"Board")
of the Payette Lakes Recreational Water and Sewer District, Valley County, Idaho (the"District")
will conduct a joint hearing for the purpose of receiving public testimony on the proposed
annexation of the existing City wastewater service area into the District (the "Annexation")
pursuant to a draft Agreement of Annexation Plan,Property Transfer and Agreement of Operations
Subject to Conditions Precedent(the "Annexation Agreement").
The draft Annexation Agreement is on file in the office of the Clerk of the City and the
office of the District and is available for inspection by the public at either location during regular
office hours.
After the joint public hearing,the City Council and the Board will each meet and determine
whether to approve the Annexation Agreement. If so, the City Council and the Board will
respectively order that the question of Annexation be submitted to the qualified electors of the City
and the qualified electors District at a special election to be called for said purpose on Tuesday,
May 16, 2017.
Notwithstanding the intentions of the City Council and Board to call an election,this notice
is required to state that an election shall be held if, prior to the expiration of thirty (30) days after
the joint public hearing, a petition signed by at least ten percent (10%) of the qualified electors of
the City and/or the District is submitted requesting an election on the proposed Annexation.
DATED this ,2 day of March, 2017.
CITY OF MCCALL, PAYETTE LAKES RECREATIONAL WATER
VALLEY COUNTY, IDAHO AND SEWER DISTRICT, VALLEY COUNTY,
IDAHO
or Chairman, Board of Directors
48433.0001 8670351 2
NOTICE OF JOINT PUBLIC HEARING
CITY OF MCCALL,VALLEY COUNTY,IDAHO
AND
PAYETTE LAKES RECREATIONAL WATER AND SEWER DISTRICT,
VALLEY COUNTY,IDAHO
NOTICE IS HEARBY GIVEN that on March 20, 2017, at 6:30 p.m., at the Idaho First
Bank Meeting Room, 475 E. Deinhard Lane, McCall, Idaho, the City Council (the "City
Council") of the City of McCall, Valley County, Idaho (the "City") and the Board of Directors
(the "Board") of the Payette Lakes Recreational Water and Sewer District, Valley County, Idaho
(the "District") will conduct a joint hearing for the purpose of receiving public testimony on the
proposed annexation of the existing City wastewater service area into the District (the
"Annexation") pursuant to a draft Agreement of Annexation Plan, Property Transfer and
Agreement of Operations Subject to Conditions Precedent(the"Annexation Agreement").
The draft Annexation Agreement is on file in the office of the Clerk of the City and the
office of the District and is available for inspection by the public at either location during regular
office hours.
After the joint public hearing, the City Council and the Board will each meet and
determine whether to approve the Annexation Agreement. If so, the City Council and the Board
will respectively order that the question of Annexation be submitted to the qualified electors of
the City and the qualified electors District at a special election to be called for said purpose on
Tuesday,May 16, 2017.
Notwithstanding the intentions of the City Council and Board to call an election, this
notice is required to state that an election shall be held if, prior to the expiration of thirty (30)
days after the joint public hearing, a petition signed by at least ten percent(I0%) of the qualified
electors of the City and/or the District is submitted requesting an election on the proposed
Annexation.
DATED this (Sr day of March, 2017.
CITY OF MCCALL, PAYETTE LAKES RECREATIONAL WATER
VALLEY COUNTY, IDAHO AND SEWER DISTRICT, VALLEY COUNTY,
IDAHO
� 2 c
Mayor Chai ,Bo of Direct°
48433.0001.8670351 2