HomeMy Public PortalAboutResolution 07-17 Fourth Judicial District Court PetitionRESOLUTION NO.07-17
A RESOLUTION OF THE CITY OF MCCALL, IDAHO AUTHORIZING THE FILING
OF A PETITION IN THE FOURTH JUDICIAL DISTRICT COURT SEEKING JUDICIAL
CONFIRMATION FOR THE ISSUANCE OF CERTAIN WARRANTS AND BONDS TO
FINANCE THE PAYMENT OF A JUDGMENT AGAINST THE CITY RELATING TO THE
CITY'S SEWER SYSTEM; AND PROVIDING FOR THIS RESOLUTION TO BE EFFECTIVE
UPON ITS PASSAGE AND APPROVAL.
WHEREAS, this Resolution is made on the 26th day of November, 2007 by the City of McCall,
Idaho (the "City"); and
WHEREAS, judgments in Wausau v. St. Clair Contractors, et al by the U.S. District Court, District
of Idaho Case No. CIV1:01-629 (collectively, the "Judgment") has been entered against the City; and
WHEREAS, the City desires to finance the payment of the Judgment through the issuance of
certain warrants and bonds described in a proposed warrant resolution, refunding bond indenture and
related documents (the "Financing Documents") repayable from revenues of the sewer system; and
WHEREAS, on the 18th day of October, 2007, notice of a public hearing before the City Council
concerning adoption of this Resolution was published in the Star News, a newspaper of general
circulation in the City, and thereafter on the 8th day of November, 2007 said hearing was held pursuant to
the published notice all in accordance with Idaho Code § 7-1304(3); and
WHEREAS, the City is authorized pursuant to Idaho Code § 7-1304(1) to file or cause to be filed
a petition in the Fourth Judicial District Court, Valley County, Idaho praying a judicial examination and
determination of the validity of the Financing Documents and any bond, warrant or obligation or of any
agreement or security instrument related thereto; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THE CITY OF MCCALL,
IDAHO:
Section 1: The City hereby authorizes the filing of a petition in the Fourth Judicial District
Court, Valley County, Idaho seeking judicial confirmation for the issuance of warrants and bonds under
the Financing Documents, to finance payment of the Judgment.
Section 2: That this Resolution constitutes the necessary action of the City prior to filing of
said petition pursuant to Idaho Code 7-1304(3).
Section 3: The Mayor, and the Clerk, as well as counsel to the City, are hereby authorized
and directed to take all steps necessary and convenient to facilitate filing of said petition and secure
judicial confirmation of the validity of said Financing Documents and to carry out the official intent to
issue the warrants and bonds.
Section 6: That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED AND APPROVED THIS 26th day of November, 2007.
RESOLUTION NO. 07-17- PAGE 1
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RESOLUTION NO. 07-17- PAGE 2
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