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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 Page 1 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 ) Page 2 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"