Resolution - 2005 - 17 - Establish Time And Place For Public Hearing To Decide Regarding Judicial Confirmation - 08/23/2005
RESOLUTION NO. 05-17
A RESOLUTION ESTABLISHING THE DATE, TIME, AND PLACE OF A PUBLIC
HEARING TO CONSIDER WHETHER THE CITY COUNCIL OF THE CITY OF
EAGLE, IDAHO, SHOULD ADOPT A RESOLUTION AUTHORIZING THE FILING OF
A PETITION FOR JUDICIAL CONFIRMATION UNDER TITLE 7, CHAPTER 13,
IDAHO CODE; APPROVING A FORM OF NOTICE OF HEARING AND DIRECTING
THE PUBLICATION THEREOF; PROVIDING FOR NOTICE BY MAIL TO ANY
PERSON REQUESTING SUCH NOTICE; AND PROVIDING AN EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGLE,
IDAHO, as follows:
Section 1: A public hearing before the City Council of the
Ci ty of Eagle, Ada County, Idaho (the "City"), is hereby called
for Tuesday, the 27th day of September, 2005, at 7:30 o'clock
P.M., or as soon thereafter as the matter may be heard, at the
City Council meeting room at the Eagle City Hall, 310 East State
Street, Eagle, Idaho, for the purpose of considering the adoption
by the City Council of 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 authority 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 $2,100,000 for the purpose of financing the
cost of necessary improvements to its domestic water system; (2)
to enter into a loan agreement and to issue its promissory note
or other evidence of indebtedness for the same; and (3) to pledge
the net revenues of its water system for the payment of such
indebtedness.
Section 2: Notice of the public hearing,
the form which is annexed hereto as Exhibit
published once in the official newspaper of the
fifteen (15) days prior to the public hearing,
required by Section 7-1304, Idaho Code.
substantially in
"A," shall be
City, at least
in the manner
Section 3: In accordance with Section 7-1304(3), Idaho
Code, as amended, a copy of the notice of public hearing shall be
sent by certified mail, at least fourteen (14) days before the
public hearing, by the City Clerk to all persons who request, in
writing, a copy of notice of meetings of the City Council at
which a public hearing will be held to consider a resolution or
ordinance authorizing the filing of a petition for judicial
confirmation. If a request for notice is received within
fourteen (14) days of the public hearing, the City Clerk shall
send a copy of the notice by certified mail as soon as possible
after the receipt of such request.
Page 1
Section 4: This resolution shall take effect and be in
force from and after its passage and approval.
DATED the ~3.At'"9tay of August, 2005.
CITY OF EAGLE
Ada County, Idaho
ATTEST:
J Q~. _g (!J,~~
<Y '- CIty Clerk
Page 2
NOTICE OF HEARING TO CONSIDER A
RESOLUTION AUTHORIZING THE
FILING OF A PETITION FOR JUDICIAL
CONFIRMATION UNDER THE IDAHO
JUDICIAL CONFIRMA TION LAW
NOTICE IS HEREBY GIVEN that on Tuesday, the 27th day of September, 2005, at
7:30 o'clock P.M., or as soon thereafter as the matter may be heard, at the City Council
meeting room at the Eagle City Hall, 310 East State Street, Eagle, Idaho, the City Council
of the City of Eagle, Idaho (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 $2,100,000, for domestic water system
improvements; (2) to enter into a loan agreement with State of Idaho, Division of
Environmental Quality and to issue the promissory note or other evidence of indebtedness
of the City for the same, for the purpose of financing the cost of necessary improvements to
the domestic water system of the City; and (3) to pledge the City's water system revenues
for the payment of such indebtedness for a term of not more than twenty (20) years.
Information relating to the proposed petition and financing is available at the office of
the City Clerk, Eagle City Hall, 310 East State Street, Eagle, Idaho, 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 Mayor and Council,
City of Eagle, 310 East State Street, Eagle, Idaho 83616.
DATED the _ day of August, 2005.
CITY OF EAGLE
Ada County, Idaho
By: Sharon Bergmann
City Clerk
EXHIBIT nAn