Resolution - 2008 - 04 - Deciding The Objection To Agency Record Filed By Eagle River Llc V. City Of Eagle Cv Oc 0721202 - 02/12/2008
764
RESOLUTION NO. 08-04
A RESOLUTION OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, DECIDING THE
OBJECTION TO AGENCY RECORD FILED BY EAGLE RIVER, L.L.C., IN THE MATTER
OF EAGLE RIVER, L.L.C., V. CITY OF EAGLE, CASE NO. CV OC 0721202 (4TH
JUDICIAL DISTRICT, ADA COUNTY); PROVIDING FOR ISSUANCE OF AN ORDER;
PROVIDING FOR RELA TED MATTERS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Ada County, Idaho (the "City"), is a municipal
corporation organized and operating under the laws of the State of Idaho and is authorized by
Idaho Code Title 50, Chapter 17, to create local improvement districts for public improvements,
and to finance said improvements by the issuance and sale of local improvement district bonds or
warrants, which bonds or warrants are payable solely from assessments upon the property
benefited thereby; and
WHEREAS, the City Council (the "Council") of the City has determined that it is in the
best interests of the City and its residents, and of the property and residents within Local
Improvement District No. 2007-1 ("LID 2007-1"), to create LID 2007-1 for the purpose of
financing certain public improvements generally described as the acquisition of public water
supply and conveyance facilities, and other related expenses; and
WHEREAS, by Ordinance No. 571, adopted on October 24, 2007, the Council created
LID 2007-1, and Eagle River, L.L.C., filed a Petition for Judicial Review of the Council's
decision to create LID 2007-1 under Idaho Rule of Civil Procedure 84 ("IRCP 84"); and
WHEREAS, the City prepared and lodged the record and transcript before the Council in
accordance with IRCP 84(j) on January 22, 2008, and Eagle River, L.L.C. filed an objection to
the record on February 5, 2008 (the "Objection"); and
WHEREAS, the Council has considered the Objection and the record and transcript
before the Council on the creation of LID 2007-1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EAGLE, COUNTY OF ADA, IDAHO, as follows:
Section 1: The Council hereby determines that there was no "legal review by Stoel
Rives" document in the record before the Council on the creation of LID 2007-1 nor was such
"Stoel Rives legal review" document ever prepared for the City outside the record on the
creation of LID No. 2007-1.
Section 2: The Council hereby determines that the Asset Purchase Agreement
between the City and Eagle Water Company, approved by the City on July 10, 2007, was not
part of the record before the Council on the creation of LID 2007-1; however, in the interest of
settling the record in the most timely and efficient manner, the Council does not object to the
inclusion of the Asset Purchase Agreement in the record.
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765
Section 3. That the Mayor and City Clerk be, and that they hereby are, directed to
execute and attest an order in the substantial form and content of a proposed Order marked
Exhibit "A", being attached hereto and incorporated herein by attachment and reference, to be
filed with the District Court in accordance with IRCP 840).
Section 4: This Resolution shall take effect and be III full force from and after its
passage and approval.
ATTEST:
DATED this lih day of February, 2008.
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EXHIBIT" A"
BEFORE THE CITY COUNCIL OF THE CITY OF EAGLE, IDAHO
Before the City Council of the City of Eagle, Idaho, is Eagle River, L.L.C.' s Objection to
Agency Record, filed with the City in accordance with Idaho Rule of Civil Procedure 84(j) in the
matter of Eagle River, L.L.C, v. City of Eagle, Idaho, Case. No. CV OC 0721202 (4th Jud. Dist.,
Ada County); and, the Council having reviewed the Objection, and good cause appearing
therefore:
In accordance with Resolution No. 08-04, adopted on February 12, 2008, it is hereby
ORDERED as follows:
1. The Objection as it relates to "St~el Rives legal review," is denied;
2. The Objection as it relates to the Asset Purchase Agreement between the City and
Eagle Water Company, is granted, and said Agreement is hereby incorporated into the agency
record in this matter.
DATED this lih day of February, 2008.
CITY OF EAGLE
Ada County, Idaho
By
Mayor
ATTEST:
City Clerk
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767
BEFORE THE CITY COUNCIL OF THE CITY OF EAGLE, IDAHO
Before the City Council of the City of Eagle, Idaho, is Eagle River, L.L.C.'s Objection to
Agency Record, filed with the City in accordance with Idaho Rule of Civil Procedure 840) in the
matter of Eagle River, L.L.C, v, City of Eagle, Idaho, Case. No. CV OC 0721202 (4th Jud. Dist.,
Ada County); and, the Council having reviewed the Objection, and good cause appearing
therefore:
In accordance with Resolution No. 08-04, adopted on February 12, 2008, it is hereby
ORDERED as follows:
1. The Objection as it relates to "Stoel Rives legal review," is denied;
2. The Objection as it relates to the Asset Purchase Agreement between the City and
Eagle Water Company, is granted, and said Agreement is hereby incorporated into the agency
record in this matter.
DATED this lih day of February, 2008.
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CITY OF EAGLE
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By -rD<i
: Mayor