HomeMy Public PortalAboutResolution 16-95 Dest. Date, Time & Place of Public HearingRESOLUTION NO. 16-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF McCALL, IDAHO,
ESTABLISHING THE DATE, TIME, AND PLACE OF A PUBLIC HEARING TO BE
HELD BY THE CITY COUNCIL TO CONSIDER WHETHER IT SHOULD ADOPT A
RESOLUTION AUTHORIZING THE FILING OF A PETITION FOR JUDICIAL
CONFIRMATION WITH RESPECT TO THE FINANCING OF SEWAGE TREATMENT AND
DISCHARGE FACILITIES; APPROVING A FORM OF NOTICE OF HEARING; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of McCall, Valley County, Idaho (the
"City"), is a political subdivision of the State of Idaho and is
authorized by law to own, operate, and maintain a sanitary sewage
collection, treatment, and disposal system and to alter and improve
the same; and
WHEREAS, the City has for many years owned, operated, and
maintained a sanitary sewage treatment plant and has discharged
treated sewage effluent into the North Fork of the Payette River,
and the City Council (the "Council") of the City has determined
that the existing facility must be altered and expanded in order to
meet existing and projected needs and to comply with federal and
State of Idaho water quality standards by providing for the pumping
of treated effluent for disposal at a land site instead of
discharging the same into the Payette River; and
WHEREAS, the Council has determined to hold and conduct a
public hearing, as required by Section 7-1304, Idaho Code, on the
question of whether or not to adopt a resolution authorizing the
filing of a petition for judicial confirmation pursuant to Title 7,
Chapter 13, Idaho Code, seeking a judicial determination that the
financing of sewage effluent treatment, pumping, and disposal and
the incurring of an indebtedness or liability therefor in excess of
the income and revenue provided to the City for such purpose for
the current fiscal year constitutes an "ordinary and necessary
expense" of the City authorized by the general laws of the State,
for which no approval of the electors is required, within the
meaning of Article 8, Section 3, Idaho Constitution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF McCALL, IDAHO, as follows:
Section 1: Thursday, the 24th day of August, 1995, at $:00
o'clock P.M., at the usual meeting place of the Council in the
basement of McCall City Hall, 216 Park Street, McCall, Idaho, is
hereby established as the date, time, and place at which the
Council will conduct a public hearing to consider the adoption of
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a resolution authorizing the filing of a petition for judicial
confirmation under the Idaho Judicial Confirmation Law, Title 7,
Chapter 13, Idaho Code, seeking judicial confirmation of the power
of the City to incur an indebtedness or liability as an "ordinary
and necessary expense" of the City, within the meaning of Article
8, Section 3 of the Idaho Constitution, in an amount of not to
exceed $3,250,000, and to enter into a loan agreement and to issue
its promissory note or other evidence of indebtedness for the same,
for the purpose of financing improvements to and expansion of the
City's sewage treatment and disposal facilities.
Section 2: Notice of said public hearing substantially in
the form which is annexed hereto as Exhibit "A" shall be given by
at least one publication in the official newspaper of the City at
least fifteen (15) days prior to the date set for the public
hearing, in the manner provided by Section 7-1304, Idaho Code. The
notice shall be of a format and in such size and type as to
distinguish it from legal notices. The notice shall be requested
to run in the newspaper's main news section, far forward. A copy
of the notice shall also be posted at the usual place for posting
City notices at or near the main door of McCall City Hall at least
fifteen (15) days prior to the date set for said public hearing.
Section 3: This Resolution shall take effect and be in
force from and after its approval.
DATED this 27th day of July, 1995.
CITY OF McCALL
Valley County, Idaho
BY LAi MIA/7
Mayor
S E' A L )
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NOTICE OF HEARING TO CONSIDER A RESOLUTION AUTHORIZING
THE FILING OF A PETITION FOR JUDICIAL CONFIRMATION
UNDER THE IDAHO JUDICIAL CONFIRMATION LAW
NOTICE IS HEREBY GIVEN that on Thursday, the 24th day of
August, 1995, at 2:00 o'clock P.M., at the City Council meeting room in
the basement of the McCall City Hall, 216 Park Street, McCall, Idaho, the
City Council of the City of McCall (the "City"), will conduct a public
hearing to consider the adoption of a resolution authorizing the filing of a
petition for judicial confirmation under the Idaho Judicial Confirmation Law,
Title 7, Chapter 13, Idaho Code.
The proposed petition would seek judicial confirmation of the power
of the City (1) to incur an indebtedness as an "ordinary and necessary
expense" of the City authorized by the general laws of the State, within
the meaning of Article 8, Section 3, of the Idaho Constitution, in an
amount not to exceed $3,250,000, (2) to enter into a loan agreement for
such amount, (3) to issue the promissory note or other evidence of
indebtedness of the City for the same, for the purpose of improving,
expanding, and altering the existing sewage treatment facilities of the City
to provide for the pumping of treated effluent to a land disposal site in
order to comply with federal and State of Idaho water quality standards,
and (4) to pledge its sewer system revenues for the payment of such
indebtedness for a term of not more than twenty (20) years. The loan
agreement and promissory note, or other evidence of indebtedness, would
be special obligations of the City, to be repaid from the sewage system
revenues of the City budgeted and appropriated for such purpose.
A copy of the proposed resolution and petition, together with the
form of the proposed loan agreement and other information relating to the
proposed financing, are available at the office of the McCall City Clerk,
City Hall, 216 Park Street, McCall, Idaho, for inspection by the public
during normal business hours of the City. Interested persons are
encouraged to attend the public hearing and to present comments.
Comments may also be submitted in writing to the McCall City Council,
216 Park Street, P.O. Box 1065, McCall, Idaho 83638.
DATED as of the 27th day of July, 1995.
CITY OF McCALL
Valley County, Idaho
By:
Mayor
EXHIBIT "A"