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Home My Public Portal AboutOrdinance 960 - Sewer Fund Asset Transfer - Sewer Annexation to PLRWSDORDINANCE NO. 960 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO: • SETTING FORTH RECITALS OF AUTHORITY, FINDINGS, DETERMINATIONS AND PURPOSES; and • AUTHORIZING THE TRANSFER OF SEWER FUND PERSONAL PROPERTY AND REAL PROPERTY TO THE PAYETTE LAKES RECREATIONAL WATER AND SEWER DISTRICT, SPECIFICALLY AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FOLLOWING DOCUMENTS OF TRANSFER: ✓ SPECIAL WARRANTY DEED AND ACCEPTANCE; and ✓ ASSIGNMENT, GRANT, CONVEYANCE OF EASEMENT RIGHTS AND ACCEPTANCE; and ✓ ASSIGNMENT, GRANT, CONVEYANCE OF SEWER APPURTENANCES EASEMENT RIGHTS AND ACCEPTANCE; and ✓ ASSIGNMENT, CITY OF McCALL'S SEWER FUND ACCOUNT RECEIVABLES AND ACCEPTANCE; and ✓ BILL OF SALE, CONVEYANCE AND ACCEPTANCE; and ✓ CLOSING STATEMENT • AUTHORIZING AND DIRECTING THE CITY TREASURER, IN COORDINATION WITH THE ADMINISTRATOR OF THE PAYETTE LAKES RECREATIONAL WATER AND SEWER DISTRICT, TO ACCOUNT AND ARRANGE FOR THE TRANSFER OF THE CITY SEWER FUND TO THE DISTRICT • DECLARING IMPENDING DANGER AND TAKING IMMEDIATE EFFECT. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO: Section 1. Recitals of Authority, Findings, Determinations and Purposes: For purposes of this Ordinance, the City Council of the City of McCall recites, finds and determines that: 1.1 The City of McCall and the Payette Lakes Recreational Water and Sewer District, in accordance with their mutual authority pursuant to Idaho Code Section 42-3240, entered into that certain Agreement of Annexation Plan, Property Transfer and Agreement of Operations Subject to Conditions Precedent (the "Agreement"); and Page 1 of 4 Ordinance No. 960 Sewer Fund Asset Transfer August 24, 2017 1.2 The conditions precedent of the Agreement, in regards to the conveyance and transfer of real property and personal property therein provided for have been completed including the approval of the Agreement by Order and Judgment In the District Court of the Fourth Judicial District of the State of Idaho, In and For the County of Valley, Case No. CV-2017- 161-C on the 5th day of June, 2017, wherein District Judge Jason D. Scott entered the Findings of Fact, Conclusions of Law, and Order of Approval of Verified Petition and Filing for Order and Judgment of Approval of Annexation; Transfer of Assets; Agreement of Operations; and Effective Date. 1.3 That the transfer and conveyance by the City of McCall of the real and personal property of the City of McCall's Sewer Fund to the Payette Lakes Recreational Water and Sewer District is in consideration of and in the performance of the Agreement; and 1.4 The Council has received, from the Board of Directors of the Payette Lakes Recreational Water and Sewer District, the Affirmation of Defeasance of City Revenue Bonds which documents that the District has, in the performance of the Agreement, issued and sold negotiable revenue bonds which are identified as Payette Lakes Recreational Water and Sewer District Valley County, Idaho Wastewater Revenue Bonds, Series 2017 in the amount of $19,905,000.00 (the "Bond Proceeds"); and that an adequate portion of the Bond Proceeds has been set aside and will be used to timely pay the City 2004 Bonds' and the City 20082 Bonds' payments when due and inclusive of the payment of any outstanding balance of said Bonds when the same may be called; and 1.5 In the exercise of the City Council's authority, pursuant to Idaho Code Section 50-1403(4), it is found to be in the City of McCall's best interest to transfer and convey the real and personal property of the City of McCall's Sewer Fund to the Payette Lakes Recreational Water and Sewer District in consideration of and in the performance of the Agreement; and 1.6 It is therefore necessary, in order to complete the transfer and conveyance of the real and personal property of the City of McCall's Sewer Fund to the Payette Lakes Recreational Water and Sewer District, that the Mayor and Clerk be authorized to execute the following documents as the authorized agents of the City, to wit: • Bill of Sale, Conveyance and Acceptance • Special Warranty Deed and Acceptance • Assignment, Grant, Conveyance of Easement Rights and Acceptance • Assignment, Grant, Conveyance of Sewer Appurtenances Easement Rights and Acceptance • Assignment, City of McCall's Sewer Fund Accounts Receivables and Acceptance • Closing Statement i City 2004 Bonds: means and refers to the Idaho Bond Bank Authority Revenue Bonds, Series 2004A. 2 City 2008 Bonds: means and refers to the Idaho Bond Bank Authority Revenue Bonds, Series 2008B. Page 2 of 4 Ordinance No. 960 Sewer Fund Asset Transfer August 24, 2017 1.7 It is also necessary, in order to complete the transfer and conveyance of funds and accounts of the City of McCall's Sewer Fund to the Payette Lakes Recreational Water and Sewer District in consideration and performance of the Agreement that the City Treasurer be authorized and directed to proceed, in coordination with the District Administrator of the Payette Lakes Recreational Water and Sewer District, to prepare the final accounting and financial statement of the City of McCall's Sewer Fund (the ("Sewer Fund") as of the Closing Date and to arrange for the transfer of the Sewer Funds to the Payette Lakes Recreational Water and Sewer District, subject to the retainage by the City of McCall of a sufficient amount to pay all then outstanding liabilities of the Sewer Fund, which accounting and financial statement and proposed transfer of the Sewer Funds, less retainage, shall then be subject to the approval of the City Council and the Board of Directors of the Payette Lakes Recreational Water and Sewer District. Section 2. Authorization of Mayor and Clerk to Execute Documents of transfer and conveyance of Sewer Fund Personal and Real Property and authorizing and directing the City Treasurer to account and arrange for the transfer of City Sewer Fund: 2.1 The following Documents are approved by the City Council, and the Mayor is authorized to sign and the City Clerk is authorized to attest, as duly authorized agents of the City of McCall, to wit: • Bill of Sale, Conveyance and Acceptance -- a copy of which is Exhibit A to this Ordinance • Special Warranty Deed and Acceptance -- a copy of which is Exhibit B to this Ordinance • Assignment, Grant, Conveyance of Easement Rights and Acceptance -- a copy of which is Exhibit C to this Ordinance • Assignment, Grant, Conveyance of Sewer Appurtenances Easement Rights and Acceptance - a copy of which is Exhibit D to this Ordinance • Assignment, City of McCall's Sewer Fund Accounts Receivable and Acceptance -- a copy of which is Exhibit E to this Ordinance • Closing Statement -- a copy of which is Exhibit F to this Ordinance 2.2 The City Treasurer is authorized and directed: • To proceed, in coordination with the District Administrator of the Payette Lakes Recreational Water and Sewer District, to prepare the final accounting and financial statement of the City of McCall's Sewer Fund (the ("Sewer Fund') as of the Closing Date and to arrange for the transfer of the Sewer Funds to the Payette Lakes Recreational Water and Sewer District, subject to the retainage by the City of McCall of a sufficient amount to pay for all the then outstanding liabilities of the Sewer Fund, which accounting and financial statement and proposed transfer of the Sewer Funds, less retainage, shall then be subject to the approval of the City Council and the Board of Directors of the Payette Lakes Recreational Water and Sewer District. Page 3 of 4 Ordinance No. 960 Sewer Fund Asset Transfer August 24, 2017 08-23-17 Section 3. Declaration of Impending Danger and Immediate Effect: 3.1 The City Council finds and declares, pursuant to its authority as provided in Idaho Code Section 50-901, that there is impending danger and this Ordinance must take and shall take immediate effect to enable the timely closing on the 31 st day of August, 2017 of the transfer of the Sewer Fund assets to the Payette Lakes Recreational Water and Sewer District due to the issuance and sale of negotiable revenue bonds of the District for the purpose of financing (a) the design, acquisition and construction of the Improvements to the District's post -annexation wastewater treatment system and water reuse system, including construction of a new water reuse pipeline (collectively, the "System"), and (b) the acquisition by the District of the City's wastewater system assets (the "Assets" as further defined in the Annexation Agreement) and, in connection therewith, provide funds to defease and ultimately 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. 3.2 That the Mayor shall therefore issue a proclamation of this declaration and of the immediate effect of this Ordinance and to immediately post the same in at least five (5) public places within the City of McCall. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 24 DAY OF AUGUST, 2017. ATTEST: %1- ov M c44. al, * t 6 r, irgu,tu%N%-� BessieJo agner, C. Clerk CITY OF McCALL II `rli al .11e('ali Joint Il asteiratev . l dvvsnry Group 7J56J.000 (losing llc (.all l )RI )1.\.1.A (Z 960-Scher fund asset transfer h 23-1- lh. dnev Ordinance No. 960 — sewer fund asset transfer - City of McCall Page-4 NOTICE AND PUBLISHED SUMMARY [PURSUANT TO I.C. § 50-901(A)] CITY OF McCALL ORDINANCE NO. 960 AUTHORIZING THE TRANSFER OF THE SEWER FUND PERSONAL AND REAL PROPERTY TO THE PAYETTE LAKES RECREATIONAL WATER AND SEWER DISTRICT Ordinance No. 960 was considered by the City Council of the City of McCall, Valley County, Idaho, and passed at its regularly scheduled Council Meeting on the 24th day of August, 2017. Said ordinance provided as follows: • It set forth recitals of authority, findings, determinations and purposes; and • Authorized the transfer of City Sewer Fund Personal Property and Real Property to the Payette Lakes Recreational Water and Sewer District and specifically authorized the Mayor and City Clerk to execute the following documents of transfer: V A Special Warranty Deed and Acceptance; and ✓ Assignment, Grant, Conveyance of Easement Rights and Acceptance; and ✓ Assignment, Grant, Conveyance of Sewer Appurtenances Easement and Acceptance; and ✓ Assignment, City of McCall's Sewer Fund Account Receivables and Acceptance; and V Bill of Sale, Conveyance and Acceptance; and ✓ Closing Statement • Authorized and directed the City Treasurer in Coordination with the Administrator of the Payette Lakes Recreational Water Sewer District to account and arrange for the transfer of the City Sewer Fund to the District. • Declared an impending danger and the immediate effect of the Ordinance. Interested persons may view the full text of this ordinance is available for inspection at City Hall, City of McCall, 216 E. Park Street, McCall, Idaho 83638, during business hours Monday through Friday from 9 a.m. to 5 p.m., excepting holidays. City of McCall Mayor and City Council By: BessieJo .r er, City ' lerk Notice of Published Summary Ordinance No. 960 August 24, 2017 Page 1 ORDINANCE SUMMARY CERTIFICATION Ordinance No. 960 Certification of City Legal Advisor of the Summary prepared for the above -numbered Ordinance The undersigned City of McCall Legal Advisor, having reviewed the above- numbered Ordinance and the Summary for the above -numbered Ordinance, believes the Summary of the above -numbered Ordinance is true and complete and that it provides adequate notice to the public of the identity and principal provisions of the Ordinance. Dated this 24 day of August, 2017. William F. Nichols