HomeMy Public PortalAbout2017.08.24 Proclamation - Sewer AnnexationCity of McCall
PROCLAMATION
WHEREAS: 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, Properly Transfer and Agreement of Operations Subject to Conditions
Precedent (the "Agreement"); and
WHEREAS: 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 5' 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; and
WHEREAS: 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
WHEREAS: The City Council has enacted and approved on the 24th day of August, 201'7 Ordinance No:
960, wherein the City Council:
• has exercised its authority pursuant to Idaho Code Section 50-1403(4), and found to be in the City
of McCall's best interest that 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 is in
consideration of and in the performance of the Agreement be completed; and
• authorized the Mayor and City Clerk to execute the following documents as the authorized agents
of the City, to wit:
I Bill of Sale, Conveyance and Acceptance
I Special Warranty Deed and Acceptance
✓ Assignment of Easements and Acceptance
✓ Assignment, City of McCall's Sewer Fund Accounts Receivables and Acceptance
I Closing Statement
• authorized and directed the City Treasurer:
1 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.
WHEREAS the City Council has declared an endangerment and immediate effect of Ordinance No.960, as
follows:
• 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, set for the 31' day of August, 2017, of the transfer of the Sewer Fund
assets 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 fmancing (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 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.
NOW, THEREFORE I, JACKIE J. AYMON, Mayor of the City of McCall, do hereby proclaim McCall
City Ordinance No. 960 is of immediate effect and give notice that the same is available for inspection at
the Clerk's Office of McCall City Hall during normal office hours Monday through Friday at: 216 E. Park
Street, McCall, Idaho 83638.
Post in 5 public p
City of McCall /I.C. § 50-901