HomeMy Public PortalAboutMinutes_CCWorkMeeting_10031992CITY COUNCIL WORK MEETING OCT. 3, 1992 AT 9:00 PM
Present: Craig Rockwood, Dave Huntsman, Deb Sorenson.
Discussed the latest update of water project map. Dave Huntsman
motioned and Deb Sorenson seconded to suspend the rules and read
Ordinance #54 by title only 3 times. All were in favor. Dave
Huntsman motioned and Deb Sorenson seconded to adopt Ordinance
#54 which outlines the City's plan to up grade and make
improvement to our water system along with a new well. As per
City Council's instructions to be designed by engineer and not to
exceed $300,000 to be payed by citizens of Iona. Also, covered
election procedures for special Bond election on Oct. 27, 1992.
All were in favor.
Deb Sorenson motioned and Dave Huntsman seconded to adopt
Resolution 93-1 by title only. For description see copy of
resolution attached to these minutes. All were in favor.
Deb Sorenson motioned and Dave Huntsman seconded to adopt
Resolution 93-2 by title only. Setting for the hiring of legal
council. See attached form. All were in favor.
Discussed the intent of holding our Oct. Council Meeting on Oct.
22, 1992 at 8:00 pm and a Public Hearing on our water project at
7:00 pm on Oct. 22 also.
Dave Huntsman motioned and Deb Sorenson seconded to accept
Draney, Searle & Townsend to complete Attorney's Financial 1991-
92 audit. All were in favor.
RESOLUTION NO. 93-1
A RESOLUTION OF THE CITY OF IONA, IDAHO, APPROVING, PURSUANT TO
SECTION 50-901A, IDAHO CODE, A SUMMARY OF ORDINANCE NO. 54 FOR
PUBLICATION
WHEREAS, the City of Iona, Bonneville County, Idaho (the
"City"), on October 3, 1992, adopted Ordinance No. 54, ordering a
special bond election on the question of the issuance of revenue
bonds in the principal amount of not to exceed $300,000; and
WHEREAS, the City is authorized, by Section 50-901A, Idaho
Code, to publish, in lieu of the entire ordinance, a summary
thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IONA, IDAHO, as follows:
Section 1: That the summary of Ordinance No. 54, adopted by
the Iona City Council on October 3, 1992, a copy of which summary
is annexed hereto as Exhibit "A," be, and the same is hereby,
approved.
Section 2: This Resolution shall take effect and be in force
from and after its passage and approval.
DATED this 3rd day of October, 1992.
CITY OF IONA
Bonnevillie County, Idaho
Mayor
ATTEST:
City Clerk
( S E A L )
SUMMARY OF
ORDINANCE NO. 54
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND INSTALLATION OF
IMPROVEMENTS TO THE DOMESTIC WATER SYSTEM OF THE CITY OF IONA, OF
BONNEVILLE COUNTY, IDAHO; CALLING A SPECIAL ELECTION FOR THE
SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY THE QUESTION OF
THE ISSUANCE OF REVENUE BONDS IN THE AMOUNT OF NOT TO EXCEED
$300,000 TO PAY A PORTION OF THE COST THEREOF; ESTABLISHING THE
DATE, TIME, AND PLACE OF SAID ELECTION; PROVIDING FOR PUBLIC NOTICE
OF SAID ELECTION; AND PROVIDING FOR OTHER MATTERS RELATING THERETO
A summary of the principal provisions of Ordinance No. 54 of
the City of Iona, Bonneville County, Idaho, adopted on October 3,
1992, is as follows:
Section 1: Defines the domestic water system capital
improvement project, estimates the total cost at $600,000, and
provides for issuance of revenue bonds, subject to approval of the
qualified electors of the City, in the amount of not to exceed
$300,000 to pay a portion of the cost of the Project.
Section 2: Provides for a special municipal bond election to
be held within the City on Tuesday, October 27, 1992, for the
purpose of enabling the qualified electors of the City to vote upon
the proposition of issuing revenue bonds.
Section 3: Provides that the polls at said election shall
open at 12:00 o'clock noon on October 27, 1992, and shall remain
open until 8:00 o'clock p.m., and provides that the polling place
for said special bond election shall be Iona City Hall, 3606 North
Main, Iona, Idaho.
Section 4: Provides that the ballot title shall be substan-
tially as follows:
SHALL THE CITY OF IONA ISSUE AND SELL ITS REVENUE
BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED
$300,000 TO PAY THE COSTS OF IMPROVEMENTS AND
BETTERMENTS TO THE CITY'S DOMESTIC WATER SYSTEM,
SAID BONDS TO MATURE OVER A PERIOD WHICH MAY BE
LESS THAN BUT WHICH SHALL NOT EXCEED TWENTY (20)
YEARS AND TO BE PAYABLE SOLELY FROM THE REVENUES OF
THE DOMESTIC WATER SYSTEM, ALL AS MORE FULLY
PROVIDED IN ORDINANCE NO. 54, ADOPTED ON OCTOBER 3,
1992?
Section 5: Provides for payment of election expenses.
Page 1 - EXHIBIT "A"
Section 6: Defines qualified electors as persons eighteen
(18) years of age or older who are registered qualified electors of
the City.
Section 7: Provides for registration of voters.
Section 8: Provides for preparation of sample ballots.
Section 9: Provides for publication of Notice of Special Bond
Election.
Section 10: Provides for canvass of votes.
Section 11: Provides for Debt Disclosure Statement pursuant
to Idaho Code § 34-440.
Section 12: Provides for the issuance of revenue bonds
maturing over a period of not to exceed twenty (20) years, and
provides for other matters relating to the revenue bonds.
Section 13: Authorizes the officers of the City to take
appropriate actions to effectuate the provisions of this Ordinance.
Section 14: Ratifies previous actions.
Section 15: Provides for publication of a summary of the
Ordinance.
The full text of Ordinance No. 54 is available at City Hall
and will be provided to any citizen upon personal request during
normal office hours.
DATED this 3rd day of October, 1992.
CITY OF IONA
Bonnevill County, Idaho
Mayor
ATTEST:
i
City Clerk
( S E A L )
Page 2 - EXHIBIT "A"
CERTIFICATION OF ATTORNEY
I, the undersigned attorney at law, duly licensed in the State
of Idaho and legal advisor to the City of Iona, Bonneville County,
Idaho, hereby certify that I have read the attached summary of
Ordinance No. 54 of the City of Iona and that the same is true and
complete and provides adequate notice to the public of the contents
of said Ordinance.
Dated as of the 3rd day of October, 1992.
;-
C (
Attorney at Law
Page 3 - EXHIBIT "A"
ei)
RESOLUTION NO. 93-2
A RESOLUTION OF THE CITY OF IONA, BONNEVILLE COUNTY, IDAHO,
APPROVING AN AGREEMENT FOR BOND COUNSEL SERVICES AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE SAME
WHEREAS, the City of Iona, Bonneville County, Idaho (the
"City"), has determined to conduct a special bond election on
October 27, 1992, on the question of authorizing the City to issue
its revenue bonds in the amount of not to exceed $300,000 for the
construction and installation of improvements and betterments to
the domestic water system of the City and costs incidental thereto;
and
WHEREAS, the City is desirous of retaining Michael C. Moore,
of the law firm of Davis Wright Tremaine, of Boise, Idaho, as bond
counsel to the City for services in connection with said special
bond election and the issuance, sale, and delivery of revenue
bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IONA, IDAHO, as follows:
Section 1: The Agreement for Bond Counsel Services between
the City and Michael C. Moore, of the law firm of Davis Wright
Tremaine, of Boise, Idaho, a copy of which agreement is annexed
hereto and by reference made a part hereof, is hereby approved, and
the Mayor and City Clerk are hereby authorized and directed to
execute the same on behalf of the City.
Section 2: This Resolution shall take effect and be in force
from and after its passage and approval.
DATED this 3rd day of October, 1992.
ATTEST:
l/ /1t
City Clerk
CITY OF IONA
Bonneville County, Idaho
By %z, LAVA?
Mayor
AGREEMENT FOR BOND COUNSEL SERVICES
THIS AGREEMENT, made this 3rd day of October, 1992, between
the City of Iona, Bonneville County, Idaho (the "City"), and
Michael C. Moore, of the law firm of Davis Wright Tremaine, 702
W. Idaho Street, Suite 700, Boise, Idaho 83702 ("Bond Counsel").
Section 1: PURPOSE OF EMPLOYMENT
The City hereby employs Bond Counsel to perform and render
legal assistance and advice relative to the authorization,
issuance, sale, and delivery of revenue bonds (the "Bonds") of the
City to be issued for the construction and installation of
improvements and betterments to the City's domestic water system,
and costs incidental thereto.
Section 2: BOND COUNSEL SERVICES
Bond Counsel shall be primarily responsible for rendering the
following legal services:
(a) Advise the City concerning the legal requirements
applicable to the issuance and sale of the Bonds.
(b) Provide representation of Bond Counsel, when requested by
the City, at all meetings and hearings held by the City
in connection with the issuance and sale of the Bonds.
(c) Prepare all ordinances, resolutions, notices, and any
other legal documents necessary for the proper conduct of
proceedings, including election proceedings, for the
authorization, issuance, sale, and delivery of the
Bonds.
(d) Provide such legal guidance and assistance, supervision
and consultation, conduct such proceedings, and provide
such opinions, as may be appropriate.
(e) Prepare such notices of public sale of the Bonds as may
be appropriate.
(f) Supervise the printing and delivery of the Bonds to
purchaser and prepare all necessary closing documents.
Page 1
(g) Assemble and examine a transcript concerning all
proceedings taken in connection with the issuance and
sale of the Bonds.
(h) Upon completion of the proceedings to Bond Counsel's
satisfaction, provide its legal opinion stating that the
proceedings had for the authorization and issuance of the
Bonds are lawful and valid, that the Bonds are valid and
lawful special obligations of the City, and that interest
on the Bonds is excluded from gross income for the
purposes of federal and State of Idaho income taxation.
Section 3: COMPENSATION
For rendering the services set forth in Section 2 hereof, Bond
Counsel shall receive from the City compensation in the amount of
THREE THOUSAND AND 00/100 DOLLARS ($3,000.00). Said compensation
shall be paid solely from the proceeds of such Bonds, when
available, and shall be due following delivery of the Bonds.
Bond Counsel shall also be reimbursed for direct out-of-pocket
expenses, including necessary travel expenses incurred in attending
meetings conducted by the City or other meetings relating to the
Bond proceedings, as well as long distance telephone, special
messenger or air courier service, and telecopying and photocopying
expenses incurred in performance of its duties hereunder.
In the event the Bonds are not issued, sold, and delivered,
Bond Counsel will be reimbursed only at the hourly rate normally
charged by Bond Counsel for services actually rendered (with a
maximum of $500 total fee), and for direct out-of-pocket expenses
incurred.
Section 4: ADDITIONAL SERVICES
Services in addition to Bond Counsel responsibilities provided
for in Section 2 above may be performed by Bond Counsel upon
specific direction of the City. For such additional services,
including, but not limited to, any litigation services, Bond
Counsel shall be compensated separately, and shall account and bill
for such services separately at the hourly rate normally charged by
Bond Counsel for the service of the attorneys performing such
work.
Page 2
IN WITNESS WHEREOF, the parties hereto have executed this
contract the day and year first above written.
CITY OF IONA
Bonneville County, I aho
Mayor
ATTEST:
41441 ?- 7144,1
City Clerk
DAVIS WRIGHT TREMAINE
By a- .
Michael C. Moore
Page 3
. G`
ORDINANCE NO. 54
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND INSTALLATION OF
IMPROVEMENTS TO THE DOMESTIC WATER SYSTEM OF THE CITY OF IONA, OF
BONNEVILLE COUNTY, IDAHO; CALLING A SPECIAL ELECTION FOR THE
SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY THE QUESTION OF
THE ISSUANCE OF REVENUE BONDS IN THE AMOUNT OF NOT TO EXCEED
$300,000 TO PAY A PORTION OF THE COST THEREOF; ESTABLISHING THE
DATE, TIME, AND PLACE OF SAID ELECTION; PROVIDING FOR PUBLIC NOTICE
OF SAID ELECTION; AND PROVIDING FOR OTHER MATTERS RELATING THERETO
WHEREAS, the City of Iona (the "City") is a municipal
corporation duly organized and operating under the laws of the
State of Idaho; and
WHEREAS, the City owns and operates a domestic water distribu-
tion system and collects rates, fees, and charges for the use of
said system; and
WHEREAS, it has been determined by the City Council of the
City (the "Council") to be necessary and essential to the
health, safety, comfort, and welfare of the inhabitants of said
City to install, construct, and acquire improvements and
betterments to the domestic water system within said City; and
WHEREAS, the Council has determined to finance a portion of
the cost of the construction and installation of said improvements
through the issuance of revenue bonds of the City, pursuant to the
provisions of the Revenue Bond Act of the State of Idaho, being
Sections 50-1027 to 50-1042, inclusive, Idaho Code; and
WHEREAS, said revenue bonds cannot be issued without the
assent of a majority of the qualified electors of the City voting
in an election called for such purpose; and
WHEREAS, in order to authorize such revenue bonds, the Council
has determined to call and conduct a special municipal bond
election for the aforesaid purposes as required by said Revenue
Bond Act.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF IONA, IDAHO, as follows:
Section 1: THE PROJECT
A. The Council hereby finds, determines, and declares that
it is necessary and essential to the public interest, health,
safety, and welfare that the City acquire and construct certain
capital improvements and betterments to the City's domestic water
Page 1
system (the "Project"), consisting generally of, but not limited
to, distribution system improvements and installation of a new
well, together with related improvements and costs incidental
thereto.
B. The cost and expense of the acquisition, construction,
and installation of the Project, as estimated by the engineers of
the City, is approximately $600,000, including the payment of all
preliminary expenses incurred and incident to the Project and
properly incident to the issuance of the bonds as such expenses are
set forth in said Revenue Bond Act, and including payment of
interest on such bonds during the period to be covered by the
acquisition and construction of the improvements as described in
subparagraph A above.
C. Subject to the following subparagraph, the acquisition,
construction, and installation of the improvements, as described in
subparagraph A, above, are hereby ordered.
D. Subject to the approval thereof by the qualified electors
voting at the election for which provision is hereinafter made,
revenue bonds of the City shall be issued pursuant to the
provisions of the Revenue Bond Act, being Idaho Code Sections
50-1027 to 50-1042, inclusive, in the amount of not to exceed
$300,000, to pay a portion of the costs of the Project.
Section 2: SPECIAL ELECTION
A special municipal bond election is hereby called within the
City to be held on Tuesday, October 27, 1992, for the purpose of
enabling the qualified electors of the City to vote upon the
proposition set forth in Section 4 hereof. Said election shall be
held in accordance with the laws of the State of Idaho.
Section 3: ADMINISTRATION OF ELECTION
The polls of said election shall open at the hour of 12:00
o'clock noon on October 27, 1992, and shall remain open continu-
ously on said day until the hour of 8:00 o'clock P.M., at which
time said polls shall be closed. The City, as its boundaries and
corporate limits are now fixed and established, shall consist of
one (1) voting precinct, the polling place for which shall be:
Iona City Hall
3606 North Main
Iona, Idaho
The Council shall appoint an election judge and election
clerks for said voting place for said special election. The
election officials shall be qualified City electors.
Page 2
The administration of the election shall be conducted in
accordance with Chapter 4 of Title 50, Idaho Code, as amended,
except as provided by Section 50-1035, Idaho Code, and in
accordance with this Ordinance.
Section 4: BALLOT TITLE
The ballot title for said special election shall be in
substantially the following form:
CITY OF IONA
Bonneville County, Idaho
SPECIAL BOND ELECTION
OCTOBER 27, 1992
SHALL THE CITY OF IONA ISSUE AND SELL ITS REVENUE
BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED
$300,000 TO PAY THE COSTS OF IMPROVEMENTS AND
BETTERMENTS TO THE CITY'S DOMESTIC WATER SYSTEM,
SAID BONDS TO MATURE OVER A PERIOD WHICH MAY BE
LESS THAN BUT WHICH SHALL NOT EXCEED TWENTY (20)
YEARS AND TO BE PAYABLE SOLELY FROM THE REVENUES OF
THE DOMESTIC WATER SYSTEM, ALL AS MORE FULLY
PROVIDED IN ORDINANCE NO. 54, ADOPTED ON OCTOBER 3,
1992?
IN FAVOR OF issuing revenue bonds for the
purposes provided by Ordinance No. 54 . . .
• [ l
AGAINST the issuance of revenue bonds for the
purposes provided by Ordinance No. 54 . . . . [ ]
INSTRUCTIONS TO VOTERS: To vote on the foregoing
proposition, please make a cross (X) or other mark
in the space to the right of the words "IN FAVOR OF
issuing revenue bonds for the purposes provided in
Ordinance No. 54" or "AGAINST the issuance of
revenue bonds for the purposes provided in
Ordinance No. 54" according the way you desire to
vote on the question. If you, by mistake or
accident, mark, tear, deface, or otherwise mutilate
this ballot, please return it to the election Judge
and obtain another ballot.
The following information is required by Section 34-440, Idaho
Code:
The interest rate anticipated on the proposed bonds
is 6.5% per annum. The range of anticipated rates
Page 3
is from 5.0% to 8.0%. The City has no existing
indebtedness. The total amount to be repaid over
the life of the proposed bonds, principal and
interest, based on the anticipated interest rate,
is estimated to be $544,560.
Section 5: ELECTION EXPENSES
The City Clerk is hereby authorized and directed to procure
such supplies and incur such expenses as she deems appropriate and
necessary for the proper conduct of the special bond election.
Section 6: QUALIFIED ELECTORS
A11 persons eighteen (18) years of age or older, who at the
time of the specified bond election are qualified electors of the
City, properly registered and possessing the qualifications of
residents, shall be qualified to vote at said election.
Section 7: REGISTRATION
No qualified elector who was duly registered as a voter, and
who continues to reside at the same address or within the same
precinct in which he or she is registered, and has voted in at
least one general City election in the past four years, shall be
required to re -register.
Persons may register at the office of the City Clerk, as
Registrar for the City, on any business day during office hours,
until 8:00 P.M. on October 16, 1992. Persons may also register at
the office of the Bonneville County Clerk in Idaho Falls, Idaho.
Any elector who will complete his or her residence requirement or
attain the requisite voting age on or prior to October 27, 1992,
but during the period when the register of electors is closed, may
register prior to the closing of the register.
Section 8: SAMPLE BALLOTS
The City Clerk shall cause the ballot to be prepared and, as
required by Idaho Code S 50-440, cause to be printed, not less than
fifteen (15) days before said election, sample ballots containing
the question to be submitted, which sample ballots shall be in the
same form as the official ballots to be used, except they shall
have printed thereon the words "Sample Ballot," shall be on paper
of a different color than the official ballots, and shall not be
numbered. The City Clerk shall furnish copies of the same on
application at his office to anyone applying therefor. Said sample
ballots shall be published at least twice in the official newspaper
of the City, the last publication to be on the last available
publication date prior to said election. In lieu of publication,
Page 4
the Sample Ballot may be published in three public places in the
City.
Section 9: NOTICE
Notice of said special bond election shall be given prior to
said election by publishing notice of such election in The Idaho
Falls Post Register, the official newspaper of the City, once a
week on the same day of the week for two (2) successive weeks,
which notice shall be in substantially the form attached hereto,
marked Exhibit "A," and by this reference incorporated herein.
Section 10: CANVASS
When the polls are closed, the election officials shall
immediately proceed to count the ballots cast at the election. The
counting shall be continued without adjournment until completed and
the result declared. The election judge and clerks shall thereupon
certify the returns of the election to the City Clerk, who shall
present the results to the Council.
The Mayor and Council shall meet within six (6) days following
the election, or at such time to which said meeting is continued,
at the regular meeting place of the City Council, at City Hall,
Iona, Idaho, for the purpose of canvassing the results of the
election. Thereupon, the results shall be entered in the minutes
of the Council and proclaimed as final.
Section 11: DEBT DISCLOSURE STATEMENT
A brief official statement containing the information required
by Idaho Code § 34-440, as amended, shall be prepared by the City
Treasurer.
Section 12: REVENUE BONDS
If, at said election, a majority of the qualified electors of
the City voting upon the ballot question set forth in Section 4 of
this Ordinance vote in favor of the issuance of said bonds for the
purposes set forth herein and designated on the aforesaid ballot,
fully registered revenue bonds of the City shall be authorized,
issued, sold, and delivered. Said bonds shall be issued in the
form and manner, shall be registered, shall mature annually over a
period which may be less than but which shall not exceed twenty
(20) years, shall bear interest at a rate or rates to be determined
by the Council at the time of issuance of such bonds, and shall be
payable annually or at such lesser intervals and be subject to such
redemption provisions, as may be prescribed by the ordinance
authorizing the issuance of such bonds, all of which shall be in
accordance with the laws of the State of Idaho.
Page 5
The net revenues (gross revenues minus normal expenses of
maintenance and operation) of the domestic water supply and
distribution system of the City, will be pledged for the payment of
principal of and interest and redemption premiums, if any, on said
revenue bonds. Said bonds shall not be a debt of the City within
the meaning of any State constitutional provision or statutory
limitation, nor a charge against the general credit or taxing
powers of the City, and the City shall not be liable therefor, nor
shall said bonds or the interest thereon be payable out of any
funds other than the revenues of the domestic water system
specified above.
Section 13: OFFICERS AUTHORIZED
The officers of the City are hereby authorized and directed to
take all action necessary or appropriate to effectuate the
provisions of this Ordinance.
Section 14: RATIFICATION
All actions heretofore taken, not inconsistent with the
provisions of this Ordinance, by the Mayor and Council directed
toward construction and installation of the Project and the
issuance of revenue bonds of the City therefor, and for the holding
of a special municipal bond election, are hereby ratified,
approved, and confirmed.
Section 15: PUBLICATION
This Ordinance, or a summary thereof in compliance with
Section 50-901A, Idaho Code, shall be published once in the
official newspaper of the City, and shall take effect immediately
upon its passage, approval, and publication.
DATED this 3rd day of October, 1992.
CITY OF IONA
Bonnevjtlle County, Idaho
icalc
ATTEST:
City Clerk
( S E A L )
Page 6
PASS RESOLUTION 93-2 OCT. 3, 1992
1. Bond Council - Michael Moore
2. Passed Ordinance #54. Construction and instalation and
improvement of Domestic Water System and call a special Bond
Election.
3. Resolution 93-3. Convassing returns and delaying results of
Bond Election S300.000 Bond. 205 for - 20 against.
4. Debt disclosure is done 27th of Oct. 1992.
5. Resolution 93-1 - approving publication summary of Ordinance
#54 - 3 Oct. 1992. ordering a special Bond Election published
2 times.
6. Said Election was held on Oct. 27. 1992. 12-8
7. Passed compliance with.