Minutes - 2008 - City Council - 04/08/2008 - Regular
EAGLE CITY COUNCIL
Minutes
April 8, 2008
EARL Y START TIME 6:00 p.m.
REGULAR COUNCIL AGENDA
I. CALL TO ORDER: Mayor Bandy calls the meeting to order at 6:00 p.m.
2. ROLL CALL: GUERBER, HUFFAKER, SHOUSHT ARIAN, SEMANKO. All present. A
quorum is present.
3. PLEDGE OF ALLEGIANCE: Lynne Sedlacek leads the Pledge of Allegiance.
4. PUBLIC COMMENT: Teri Bath, Eagle Chamber of Commerce, I know there is some
concern about the staff and the job that they do and they do a great job. If they need reprimanded
it should be done in private and not in a public meeting.
5. CONSENT AGENDA:
. Consent Agenda items are considered to be routine and are acted on with one
motion. There will be no separate discussion on these items unless the Mayor, a
Councilmember, member of City Staff, or a citizen requests an item to be removed
from the Consent Agenda for discussion. Items removed from the Consent Agenda
will be placed on the Regular Agenda in a sequence determined by the City Council.
. Any item on the Consent Agenda which contains written Conditions of Approval
from the City of Eagle City Staff, Planning & Zoning Commission, or Design
Review Board shall be adopted as part of the City Council's Consent Agenda
approval motion unless specifically stated otherwise.
A. Claims A!!:ainst the City.
B. Minutes of March II, 2008.
C. Minutes of March 18, 2008
D. Minutes of March 25, 2008
E. Minutes of March 31,2008 JtMtng
F. Minutes of March 31, 2008 SpMtng
G. DR-07-08 - Dental Office BuUdin!!: - Dr. Jacob Brown: Dr. Jacob Brown,
represented by Todd Meyers with Morgan Construction, is requesting design
review approval to construct a 4,668-square foot single story, with basement,
dental office building (main floor - 3,440-square feet, basement - 1,228-square
feet). The 0.288-acre site is located on the northwest comer of Chinden
Boulevard (Highway 20/26) and North Meridian Road at 6615 North Meridian
Road within Castlebury West Business Park. (WEV)
H. DR-08-08 - Two BuUdin!!: Wall Si!!:ns for Castleburv Dental Office BuUdin!!:
- Dr. Jacob Brown: Dr. Jacob Brown, represented by Sue Cook with Sue Cook
Design, is requesting design review approval to construct two (2) building wall
signs for the Castlebury Dental Office Building. The 0.62-acre site is located on
the northwest corner of West Chinden Boulevard (SH 20/26) and North
Meridian Road at 6615 North Meridian Road (within Castlebury West Business
Park). (WEV)
I. DR-43-04 MOD 2 - Modifv BuUdin!!: Wall Si!!:na!!:e and Monument Si!!:na!!:e
for Saint Alohonsus Ea!!:le Health Plaza - Saint Alohonsus Re!!:ional
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Medical Center: Saint Alphonsus Regional Medical Center, represented by
James G. Murray, is requesting design review approval to modify the building
wall signage for the Saint Alphonsus Regional Medical Center to include six
additional building wall signs stating "Emergency" with the Saint Alphonsus
logo and to add the text "Emergency" to the two monument signs. The site is
located on the northeast comer of East Riverside Drive and East Shore Drive
within Eagle River Development at 323 East Shore Drive. (WEV)
J. Findinl!:s of Fact and Conclusions of Law for A-19-07 & RZ-26-07-
Annexation and Rezone from RUT to R-E-DA - Harold "Hal" and Marv
Kav Bunderson: Harold "Hal" and Mary Kay Bunderson are requesting
approval of an annexation and rezone from RUT (Rural Urban Transition-Ada
County Designation) to R-E-DA (Residential-Estates-one unit per two acres with
a development agreement). The 5.33-acre site is generally located on the north
side ofW. River Heights Drive approximately one hundred fifteen feet (115')
west of S. Winward Drive, Lot 6, Block 3, of Winward River Heights
Subdivision, at 582 W. River Heights Drive. (WEV)
K. Findinl!:s of Fact and Conclusions of Law for CU-15-07 - ChUdcare Facilitv
(Davcare Center with oreschool) within an existinl!: Multi-tenant Office
BuUdinl!: - Brian Syverson and Sarah Johnson: Brian Syverson and Sarah
Johnson are requesting conditional use permit approval for a 1900-square foot. 2-
classroom Childcare Facility (Daycare Center with preschool) within Unit I, Multi-
tenant Building A, of Inland Condominiums. The 1.64-acre site includes two multi-
tenant buildings and is located on Lot I, Block I, of Inland Subdivision on the south
side of East Iron Eagle Drive approximately 500-feet east of East Plaza Drive at 1107
East Iron Eagle Drive. (WEV)
L. Findinl!:s of Fact and Conclusions of Law for CU-05-06 MOD - Modification
of site soecific condition of aooroval No.5 for CU-05-06 (Heil!:ht Exceotion
Conditional Use Permit) - Sea 2 Sea. LLC: Sea 2 Sea, LLC, represented by James
Murray with CSHQA, is requesting a modification to the conditional use permit
previously approved for a height exception for the condominiums within the Lofts at
Eagle River residential development. The modification is a request to modify
Condition #4 to allow an eighteen (18) month extension of time for the issuance of
building permits before the conditional use permit for the height exception becomes
null and void. The 25.37-acre site is located on East Riverside Drive approximately
1500 feet west of Edgewood Lane at 827 East Riverside Drive. (WEV)
M. Findinl!:s of Fact and Conclusions of Law for RZ-13-05 MOD 2 - Rezone
Develooment Al!:reement Modification - Idaho Develooment Services. Inc.:
Idaho Development Services, Inc. is requesting a modification to the rezone
development agreement for the Legacy Development. The 623.9-acre site is
generally located approximately I ,850-feet north of State Highway 44 between
Linder Road and State Highway 16. (WEV)
N. Findinl!:s of Fact and Conclusions of Law for RZ-20-07 - Rezone from A-R
to R-E-DA - Colette Nvborl!:: Colette Nyborg, represented by Shawn Nickel
with SLN Planning, Inc., is requesting approval of a rezone from A-R
(Agricultural Residential) to R-E-DA (Residential Estates with a development
agreement) to facilitate the re-subdivision of a portion of Lot 15 & Lot 16 to
eliminate two (2) non-conforming parcels. The +/- 2.28 acre and +/- 2.5- acre
parcels are located approximately 1/3 of a mile south of Floating Feather on the
northeast comer of the Ballantyne Lane and Hereford Drive at 660 North
Ballantyne Lane.
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O. Aooroval of Aoolication for Pavment No.8 - East Hills Water Tank: (VB)
P. Findinl!:s of Fact and Conclusions of Law for RZ-18-07 - Rezone from A-R
to BP-DA Robert L. Pederson: Robert L. Pederson is requesting approval of a
rezone from A-R (Agricultural-Residential) to BP-DA (Business Park with a
development agreement) to facilitate the construction of a five (5) unit, 14,341-
square foot office/flex space building. The I.OO-acre site is located
approximately 250' feet west of the East Hill Road and Horseshoe Bend Road
intersection at 3055 East Hill Road.
Guerber moves to amend the Agenda by adding an Executive Session as Item #7C, I.C. 67-
2345 (c) acquisition of real property and move the following items: #7D will be #7 A; #7E
will be #7B; #7A will be #7D;and #7B will be #7E and #7C will be #7F. Seconded by
Huffaker. ALL AYES: MOTION CARRIES................
Guerber moves to approve the Consent Agenda. Seconded by Semanko. Guerber: AYE;
Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: ALL AYES: MOTION
CARRIES..............
6. OLD BUSINESS:
A. Ordinance No. 601: Second reading of Ordinance No. 601, an Ordinance of the City of
Eagle, Ada County, Idaho, repealing Ordinance no. 571, adopted on October 24,2007, creating
Local Improvement District No. 2007-1; providing for related matters; and providing an effective
date. Thefirst reading was at the March 31, 2008 City Council Meeting. (SB)
Mayor introduces the issue. This would be the second reading of the Ordinance.
Semanko moves, pursuant to Idaho Code, Section 50-902, that the rule requiring
Ordinances to be read on three different days with one reading to be in full be dispensed
with, and that Ordinance #601 be considered after being read once by title only. Semanko
reads Ordinance #601 by title only. Seconded by Shoushtarian. ALL AYES: MOTION
CARRIES.............. ...
Semanko moves that Ordinance #601 be adopted. Seconded by Guerber. Guerber: AYE;
Huffaker: AYE; Shoushtarian: AYE: Semanko: AYE: ALL AYES: MOTION
CARRIES....... ......... .......... .........
General Council discussion.
7. NEW BUSINESS:
A(D). Presentation of Certificate of Recognition to Steve Inch - Designer of the Official
Logo of the Eagle Wine District.
Mayor introduces the issue and provides an overview of the Eagle Wine District. Chamber of
Commerce will be doing a press release.
Mayor presents a Certificate of Recognition to Steve Inch.
Lloyd Mahaffey: Presents an acrylic logo to the Mayor.
B(E). Fair Housinl!: Proclamation: (PB)
Mayor introduces the issue.
General discussion.
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Semanko moves to approve the Fair Housing Proclamation. Seconded by Huffaker. ALL
AYES: MOTION CARRIES......................
C. Executive Session: Idaho Code 67-2345(c) acquisition of real property.
Mayor introduces the issue.
Guerber moves to go into Executive Session, Idaho Code 67-2345(c) acquisition of real
property that is not owned by a pubic agency. Seconded by Shoushtarian. Guerber: AYE;
Huffaker: AYE; Shoushtarian: AYE: Semanko: AYE: ALL AYES: MOTION
CARRIES.. ......... ..................... ...
Council goes into Executive Session at 6:30 p.m.
Council discusses acquisition of real property that is not owned by a public agency.
Council leaves Executive Session at 7:25 p.m.
D(A). Ordinance No. 602: An Ordinance ordering a Special Bond Election be held on May
27,2008, to issue Water Revenue Bonds for the acquisition of Eagle Water Company. (SB)
Mayor introduces the issue.
Huffaker makes a Motion to do a first reading of Ordinance No. 602, and according to
Idaho Code 50-902 that we dispense with reading the ordinance in its entirety and read it
by its title only for the first reading. Seconded by Shoushtarian. ALL A YES: MOTION
CA.RRIES. ...................... ...
City Attorney Buxton reads Ordinance No. 602 by Title only into the record.
General discussion.
Mayor: This Ordinance will be on the Agenda next week.
General Council discussion.
E(B). Resolution 08-09: A Resolution of the Eagle City Council approving an agreement for
bond counsel services with Moore, Smith, Buxton & Turcke for the Revenue Bond Election.
(SB)
Mayor introduces the issue.
City Attorney Buxton: This Resolution deals with designating bond services for the Revenue
Bond Election so I would suggest that this resolution be tabled until you have considered
Ordinance No. 602.
So moved by Semanko. Seconded by Huffaker. ALL AYES: MOTION CARRIES.........
F(C). Resolution 08-07: A Resolution of the Eagle City Council recognizing and establishing
the official logo of the Eagle Wine District Overlay, and providing an effective date. (WEV)
Mayor introduces the issue.
Guerber moves to approve Resolution 08-07 be adopted. Seconded by Shoushtarian. ALL
AYES: MOTION CARRIES.................
8. PUBLIC HEARINGS:
A. PUBLIC HEARING ON CONFIRMATION OF ASSESSMENT ROLL FOR LOCAL
IMPROVEMENT DISTRICT 2007-1: Notice is hereby given that Tuesday, the 18th day of
March, 2008, at the hour of 7:30 o'clock P.M., as soon thereafter as the matter may be heard, the
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City Council (the "Council") of the City of Eagle (the "City"), will hold a public hearing on the
assessment roll for Local Improvement District No. 2007-1 ("L.I.D. No. 2007-1 ") at Eagle City
Hall, 660 East Civic Lane, Eagle, Idaho. The assessment roll is on file at Eagle City Hall.
At the hearing, the Council will hear and determine all objections to the regularity of the
proceedings in making assessments, the correctness of assessment, and in the amount levied on
particular lots or parcels in relation to the benefits accruing thereon and in relation to the proper
proportionate share of the total cost of the improvements.
Each owner of property within L.I.D. No. 2007-1 is hereby further notified that, as provided in
Section 50-1714, Idaho Code, in revising the assessment roll at or after the hearing, the Council
may increase any assessment or assessments up to twenty percent (20%) of the original amount
thereof as shown on the assessment roll without giving further notice and holding a new hearing
thereon.
For the purpose of securing the payment of the principal of and interest on the local improvement
district bonds for L.I.D. No. 2007-1, it is the intent of the Council to create a reserve fund in an
amount not to exceed ten percent (10%) of the principal amount of the bonds to be issued to fund
that portion of the assessments not paid within the 30-day prepayment period from the date of the
adoption of the ordinance confirming the assessment roll for L.I.D. No. 2007-1. The reserve
fund will be funded from assessments against the property within L.I.D. No. 2007-1. This item
was continued/rom the March 18, 2008 meeting. The public hearing remains open. THIS
ITEM WAS V ACA TED BY THE CITY COUNCIL ON MARCH 31, 2008.
Mayor introduces the issue. At the City Council meeting last week the Council vacated this
public hearing so there will be public hearing on this item tonight.
B. A-15-07/RZ-22-07 & PP-9-07 - Annexation. Rezone and Preliminarv Plat for Lanl!:tree
Subdivision - Land Associates. LLC: Land Associates, represented by Chris Todd with
Landmark Engineering and Planning, is requesting an annexation and rezone from RUT (Rural
Urban Transition) to MU-DA (Mixed Use with a Development Agreement) and preliminary plat
approval for Langtree Subdivision, a 45-lot, 54-unit (33-single-family, [19 multi-family, and I
duplex, contained within 3-lots], 9 common) residential subdivision. The 9.57-acre site is
located on the north side of State Highway 44 (State Street) approximately 1,330 feet west of
Linder Road at 5342 West State Street. This item was continued/rom the March 25, 2008
meeting. (WEV)
Mayor introduces the issue.
Chris Todd, Landmark Engineering and Planning, representing the applicant, displays overheads
and provides the Council an overview of the project. General discussion.
Pam Walsh, discusses the conceptual drawings and the ceilings. There is a 35' building height. I
don't have the exact height of the inside ceilings. There will not be vaulted ceilings.
Planner Williams: Displays overheads and provides Council an overview of the project. General
discussion.
Mayor Opens the Public Hearing
Pam Walsh, 13988 W. Chastford Court, Boise, we have worked hard on this particular piece of
property. We have worked not less than 8 concept plans. We feel that we have come up with a
plan gives us diversity. We are partners in Eaglefield and we not feel the negotiations on the
path will be an issue and we should have a continuous pathway for all residents to enjoy. We
have discussed the pressurized irrigation with Middleton Mills. We currently have Stratus
Engineering doing soil testing. Discussion on the streets and the landscape medians. General
discussion.
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Clint Boyle, Landmark Engineering, discussion on the connection to Linder.
Chris Todd, Landmark Engineering, displays overheads and discusses set backs and easements.
Discussion on vacating the right-of-way with ACHD. Provides an overview of the design.
General discussion.
Mayor Closes the Public Hearing
General Council discussion.
Semanko moves to approve A-15-07/RZ-22-07 & PP-9-07 - Annexation, Rezone and
Preliminary Plat for Langtree Subdivision - Land Associates, LLC with the following
changes to the conditions: on Page 37 of 44, Site Specific Condition # 25 - insert the word
"written" after regarding so it reads "provide written approval from the entity with
jurisdiction of the Middleton Mill Canal, and insert the word "encroachments", to read of
any encroachments, landscape improvements or tiling of the ditch; #34 on the same page to
be worded the applicant shall work with the respective irrigation company instead of
district and insert the words "obtain a written agreement"; and add Site Specific Condition
#36. Seconded by Huffaker. THREE AYES: SHOUSTARIAN NAY: MOTION
CARRIES....................... ..
Semanko, so there is no confusion, my motion is what was recommended by Planning and
Zoning. I approved what was in the Findings that came from the Planning and Zoning.
General Council discussion on the downtown plan.
9. ADJOURNMENT:
Semanko moves to adjourn. Seconded by Guerber. ALL AYES: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at 11 :00 p.m.
Respectfully submitted: ................
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PHILLIP J. BANDY
MAYOR
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE
CITY HALL
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
A-15-07/RZ-22-07 & PP -9-07 - Annexation, Rezone and Preliminary Plat for Lan2tree
Subdivision - Land Associates, LLC
April 8, 2008, 6:00 P.M.
ADDRESS/
NAME TELEPHONE/E-MAIL
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ORDINANCE NO. 602
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, ORDERING A
SPECIAL BOND ELECTION ON THE QUESTION OF THE ISSUANCE OF WATER
REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $7,200,000 FOR THE
PURPOSE OF FINANCING COSTS FOR THE ACQUISITION OF AN EXISTING
PRIVATELY OWNED PUBLIC WATER SUPPLY AND DISTRIBUTION SYSTEM AND
RELATED IMPROVEMENTS AND FACILITIES; ESTABLISHING THE DATE, TIME, AND
PLACE OF THE SPECIAL BOND ELECTION; APPROVING FORM OF BALLOT
QUESTION; PROVIDING FOR REGISTRATION OF VOTERS; PROVIDING FOR
PUBLICATION OF NOTICE OF SPECIAL BOND ELECTION; PROVIDING FOR RELATED
MATTERS; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Eagle, Ada County, Idaho (the "City"), is a municipal
corporation duly organized and operating under the laws of the State of Idaho; and
WHEREAS, the City currently owns and operates a public water system ("Water
System") which water system is located within the City and serves the City's inhabitants; and
WHEREAS, it has been determined by the Mayor and the City Council of the City (the
"Council") to be necessary and essential to the health, safety, comfort, and welfare of the
inhabitants of the City to acquire the public water supply and conveyance facilities of Eagle
Water Company for the improvement and betterment of the City Water System and to incur an
indebtedness therefore; and
WHEREAS, the Mayor and Council have determined to finance the cost of acquisition of
Eagle Water Company and associated improvements to the Water System through the issuance of
water 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, such water revenue bonds cannot be issued without the assent of a majority
of the qualified electors of the City voting in a special bond election called for such purpose; and
WHEREAS, in order to authorize the incurring of such indebtedness and the issuance of
such water revenue bonds, the Mayor and Council have determined to call and conduct a special
municipal bond election for the aforesaid purposes as required by the Revenue Bond Act.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho, as follows:
Section 1: THE PROJECT
A. The Water System Improvement Project. The Council hereby finds, determines,
and declares that it is necessary and essential to the public interest, health, safety, and welfare,
and in the best interest of the City and its inhabitants, to acquire an existing privately owned
public water supply and distribution system and related improvements and facilities.
Improvements to the domestic water portion of the Water System include: acquisition and
connection of the public water supply and distribution system to the city water system, together
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with related facilities, components and improvements and costs of engineering, legal, and other
services incidental thereto, including the costs of issuance of water revenue bonds therefore (the
"Water Improvement Project").
1. The cost and expense of the Water Improvement Project, as estimated by
the engineers of the City, including costs of issuance of water revenue bonds and other
related costs, is approximately $7,200.000, including the payment of all preliminary
expenses incurred and incident to the Water Improvement Project and properly incident
to the issuance of the bonds as such expenses are set forth in the Revenue Bond Act, and
including payment of interest on bond anticipation notes or other interim financing during
the period to be covered by the construction of the improvements as described in
subparagraph A above.
2. Subject to the following subparagraph, the construction and installation of
the Water Improvement Project, as described in subparagraph A, above, are hereby
ordered.
3. Subject to the approval thereof by the qualified electors of the City voting
at the election for which provision is hereinafter made, water 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 a principal amount not to exceed $7,200,000,
to pay the costs of the Water Improvement Project. The remainder of the costs, if any,
will be paid from other lawfully available funds of the City.
Section 2: SPECIAL ELECTION
A special municipal water revenue bond election is hereby called within the City to be
held on Tuesday, May 27, 2008, for the purpose of enabling the qualified electors of the City to
vote upon the proposition set forth in Section 4 hereof. The ballot proposition to be voted upon
at the special revenue bond election, as set forth in Section 4 of this Ordinance, shall be separate
from any other proposition being voted upon at or in conjunction with the special revenue bond
elections. Only those qualified electors of the City casting valid ballots upon the proposition set
forth in Section 4 of this Ordinance shall be counted in determining the number of qualified
electors voting at or participating in the special bond election.
Section 3: ADMINISTRATION OF ELECTION
The polls of the special bond elections shall open at the hour of 8:00 o'clock A.M. and
shall remain open continuously until the hour of 8:00 o'clock P.M. on May 27, 2008. The City,
as its boundaries and corporate limits are now fixed and established, shall consist of one (1)
voting precinct, the polling places for which shall be:
Eagle City Hall
660 E. Civic Lane
Eagle Library
100 N. Stierman
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Seven Oaks Elementary
1441 N. Sevenoaks Drive
Eagle Fire Department
966 E. Iron Eagle Drive
Eagle Fire Department
3180 Floating Feather Drive
The City Clerk shall appoint an election judge and one or more election clerks for the
voting place for the special bond elections. The election officials shall be qualified City or Ada
County electors. The City Clerk shall notify the election officials of their appointment within
five (5) days following appointment. If any election judge or clerk fails to report for duty on the
day of election, the City Clerk shall fill such vacancy from among the qualified electors
presenting themselves to vote. Compensation for the election judge and clerks shall be at the
minimum wage prescribed by federal law.
The administration of the elections 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 PROPOSITION; INSTRUCTIONS TO VOTERS
The ballot proposition for the special bond election shall be in substantially the following
form:
CITY OF EAGLE
Ada County, Idaho
SPECIAL BOND ELECTION
MAY 27, 2008
SHALL THE CITY OF EAGLE BE AUTHORIZED TO INCUR AN
INDEBTEDNESS AND ISSUE AND SELL ITS WATER REVENUE BONDS
IN A PRINCIPAL AMOUNT NOT TO EXCEED $7,200,000 TO PAY THE
COSTS OF ACQUIRING A PRIVATELY OWNED PUBLIC WATER SUPPLY
AND DISTRIBUTION SYSTEM AND RELATED IMPROVEMENTS FOR
CONNECTION TO THE WATER SYSTEM OF THE CITY AND RELATED
EXPENSES, THE BONDS TO MATURE OVER A PERIOD WHICH MAY BE
LESS THAN BUT WHICH SHALL NOT EXCEED THIRTY (30) YEARS,
AND TO BE PAYABLE SOLELY FROM THE REVENUES OF THE WATER
SYSTEM OF THE CITY, ALL AS MORE FULLY PROVIDED IN
ORDINANCE NO. 602, ADOPTED ON APRIL 8, 2008?
IN FAVOR OF issuing water revenue bonds for
the purposes provided by Ordinance No. 602 [ ]
AGAINST the issuance of water revenue bonds for
the purposes provided by Ordinance No. 602 [ ]
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INSTRUCTIONS TO VOTERS: In order to vote IN FAVOR of the proposed
bond issue, please make a cross (X) or other mark to the right of the words, "IN
FAVOR of issuing water revenue bonds for the purposes provided by Ordinance
No. 602." In order to vote AGAINST the proposed bond issue, please make a
cross (X) or other mark to the right of the words, "AGAINST issuing water
revenue bonds for the purposes provided by Ordinance No. 602." If you, by
mistake or accident, mark, tear, deface, or otherwise mutilate the ballot, please
return it to an election judge and obtain another ballot.
The following information is required by Section 34-439, Idaho Code:
The interest rate anticipated on the proposed bonds is 5.0% per annum. The range
of anticipated rates is from two percent (2.0%) to six percent (6.0%). The City
has existing indebtedness of $4,978,247. 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 $14,023,713.
Section 5: ELECTION EXPENSES
The City Clerk is hereby authorized and directed to procure such supplies and incur such
expenses as may be appropriate and necessary for the proper conduct of the special bond
elections.
Section 6: QUALIFIED ELECTORS
Every person eighteen (18) years of age or older, who at the time of the specified bond
elections is a United States citizen who has been a legal and bona fide resident of the City for at
least 30 days immediately preceding the date of the elections, if properly registered as required by
law, shall be qualified to vote at said elections.
Section 7: REGISTRATION
All electors must be registered in order to vote at the special bond election. The Ada
County Clerk is the registrar for the City. Voter registration shall be conducted pursuant to the
provisions of Section 34-1402, Idaho Code.
No qualified elector who is duly registered as a voter, and who continues to reside at the
same address in which he or she is registered, shall be required to re -register.
Persons may register at the office of the Ada County Clerk, Ada County Courthouse,
Eagle, Idaho, or at the office of the City Clerk, as Deputy Registrar, at City Hall, Eagle, Idaho, on
any business day during normal office hours, until May 1, 2008. Any elector who will complete
his or her residence requirement or attain the requisite voting age on or prior to the date of
election, but during the period when the register of electors is closed, may register prior to the
closing of the register.
Any person who is eligible to vote may register on election day by appearing in person at
the polling place established for the elections, by completing a registration card, making an oath
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on the form prescribed by law, and providing proof of residence in the manner provided by
Section 34-408A, Idaho Code, as amended.
Section 8: BALLOTS
The City Clerk shall cause the official ballots for the special bond elections to be
prepared, at least thirty-five (35) days before the special bond elections, in a sufficient quantity
for the special bond elections, and, as required by Idaho Code § 50-439, shall cause to be printed,
not less than twenty-nine (29) days before the special bond elections, sample ballots containing
the questions 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 her office to anyone applying therefore. The
sample ballots shall be published at least twice in the official newspaper of the City, the first
publication to be at least twelve (12) days prior to the elections, and the last publication to be not
less than five (5) days prior to the elections.
Section 9: NOTICE
Notice of the special bond elections shall be given prior to the elections by publishing a
notice of the elections at least twice in the official newspaper of the City, the first publication
being not less than twelve (12) days prior to the date of election, and the second publication
being at least five (5) days prior to the date of the elections, 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 each of the special bond elections. The counting shall be continued without
adjournment until completed and the results declared. The election judge and clerks shall
thereupon certify the returns of the special bond elections to the City Clerk, who shall present the
results to the Council.
The Mayor and Council shall meet within six (6) days following the elections, or at such
time to which such meeting is continued, at the regular meeting place of the City Council, at City
Hall, Eagle, Idaho, for the purpose of canvassing the results of the special water and sewer
revenue bond elections. 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 § 34-439, as
amended, shall be prepared by the City Treasurer.
Section 12: REVENUE BONDS
If, at the special bond 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 water
revenue bonds for the purposes set forth herein and designated on the aforesaid ballots, fully
registered water revenue bonds of the City shall be authorized, issued, sold, and delivered.
The 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 thirty (30) years, shall
Page 5
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.
The net revenues (gross revenues minus normal expenses of maintenance and operation)
of the water system of the City will be pledged for the payment of principal of and interest and
redemption premiums, if any, on the water revenue bonds. The 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 therefore
from its general funds, nor shall the bonds or the interest thereon be payable out of any funds
other than the revenues of the water and sewer system specified above.
If, at the special bond election, a majority of the qualified electors of the City voting upon
the ballot question set forth in Section 4 of this Ordinance do not vote in favor of the issuance of
water revenue bonds for the purposes set forth herein and designated on the aforesaid ballot, the
City shall not be authorized to issue its water revenue bonds for the purposes set forth in Section
4 of this Ordinance..
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 the Water Improvement Project and the issuance of water
revenue bonds of the City therefore, and for the holding of a special municipal water revenue
bond and sewer revenue bond elections, are hereby ratified, approved, and confirmed.
Section 15: PUBLICATION
This Ordinance, or a summary thereof in compliance with Section 50-901A, Idaho Code,
substantially in the form armexed hereto as Exhibit "B," shall be published once in the official
newspaper of the City, and shall take effect immediately upon its passage, approval, and
publication.
DATED this 8th day of April, 2008.
CITY OF EAGLE
Ada County, Idaho
ATTEST: Mayor
City Clerk
(SEAL)
Page 6
EXHIBIT "A"
CITY OF EAGLE
Ada County, Idaho
NOTICE OF SPECIAL REVENUE BOND ELECTION
NOTICE IS HEREBY GIVEN that pursuant to Ordinance No. 602, adopted on April 8,
2008, of the City of Eagle, of Ada County, Idaho, a Special Revenue Bond Election will be held
in the City on
TUESDAY, MAY 27, 2008
between the hours of 8:00 o'clock A.M. and 8:00 o'clock P.M., for the purpose of voting upon the
question and proposition of issuing water revenue bonds in a principal amount not to exceed
$7,200,000 for the purpose of providing funds to acquire an existing privately owned public
water supply and distribution system and related improvements and facilities for connection to
the City water system, consisting generally of the acquisition and installation of the public water
supply and distribution system, together with related facilities, components and improvements
and costs of engineering, legal, and other services incidental thereto, including the costs of
issuance of water revenue bonds therefore, pursuant to the provisions of said Ordinance.
The question to be submitted to the electors shall be by ballot reading substantially as
follows:
SHALL THE CITY OF EAGLE BE AUTHORIZED TO INCUR AN
INDEBTEDNESS AND ISSUE AND SELL ITS WATER REVENUE BONDS
IN A PRINCIPAL AMOUNT NOT TO EXCEED $7,200,000 TO PAY A
PORTION OF THE COSTS OF ACQUIRING A PRIVATELY OWNED
PUBLIC WATER SUPPLY AND DISTRIBUTION SYSTEM AND RELATED
IMPROVEMENTS FOR CONNECTION TO THE WATER SYSTEM OF THE
CITY AND RELATED EXPENSES, THE BONDS TO MATURE OVER A
PERIOD WHICH MAY BE LESS THAN BUT WHICH SHALL NOT EXCEED
THIRTY (30) YEARS, AND TO BE PAYABLE SOLELY FROM THE
REVENUES OF THE WATER SYSTEM OF THE CITY, ALL AS MORE
FULLY PROVIDED IN ORDINANCE NO. 602, ADOPTED ON APRIL 8,
2008?
The following information is required by Section 34-439, Idaho Code:
The interest rate anticipated on the proposed bonds is 5.0% per annum. The range
of anticipated rates is from two percent (2.0%) to six percent (6.0%). The City
has existing indebtedness of $4,978,247. 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 $14,023,713.
Page 7
Qualified electors shall vote at the following polling places:
Eagle City Hall
660 E. Civic Lane
Eagle Library
100 N. Stierman
Seven Oaks Elementary
1441 N. Sevenoaks Drive
Eagle Fire Department
966 E. Iron Eagle Drive
Eagle Fire Department
3180 Floating Feather Drive
Every person eighteen (18) years of age or older, who at the time of the specified bond
elections is a United States citizen who has been a legal and bona fide resident of the City for at
least 30 days immediately preceding the date of the elections, if properly registered as required by
law, shall be qualified to vote at the special bond elections.
Any qualified elector who, because of illness, disability, or expected absence from the
City on the date of elections, will be unable to vote at the designated polling place on the day of
elections, may apply to the City Clerk for an absentee ballot. The application must be in writing,
must be signed personally by the applicant, and must contain the name of the elector, his/her
home address, and the address to which the ballot shall be forwarded. An application for a mail -
in absentee ballot must be received by the City Clerk not later than 5:00 p.m. on the sixth day
before the elections. An application for in-person absentee voting at the absent elector's polling
place described in Section 50-448, Idaho Code, must be received by the City Clerk not later than
5:00 p.m. on the day before the elections. Application for an absentee ballot may be made by
using a facsimile machine. The City's facsimile number is (208) 939-6827.
The Ada County Clerk is the Registrar of the City, and the place of registration is the Ada
County Courthouse, Boise, Idaho. Persons may register on any business day during office hours,
continuing until May 1, 2008. Persons may also register with the City Clerk at City Hall, Eagle,
Idaho, until May 1, 2008. Any elector who will complete his or her residence requirement or
attain the requisite voting age during the period when the register of electors is closed may
register prior to the closing of the register.
Any person who is eligible to vote may register on election day by appearing in person at
the polling place established for the election, by completing a registration card, making an oath
on the form prescribed by law, and providing proof of residence in the manner provided by
Section 34-408A, Idaho Code, as amended.
No qualified elector who is duly registered as a voter, and who continues to reside at the
Page 8
same address or within the same precinct in which he or she is registered, shall be required to
re -register.
If, at the special bond election, the majority of the qualified electors voting upon the
ballot question assent to the issuance of water revenue bonds for the purpose set forth in
Ordinance No. 602, water revenue bonds of the City of Eagle will be issued for such purpose,
which bonds, or so much thereof as may be necessary, will mature annually, or at such lesser
interval as may be prescribed by the ordinance authorizing the issuance of the bonds, over a
period which may be less than but which shall not exceed thirty (30) years, and will bear interest
at such rate or rates as shall be prescribed in the ordinance authorizing the issuance of the bonds.
The principal of and interest on the bonds will be payable solely out of and derived from rates
and charges for the use of and the services rendered by, and all other income, earnings, and
revenues of, the water system.
DATED this 8th day of April, 2008.
CITY OF EAGLE
Ada County, Idaho
ATTEST: Mayor
City Clerk
Page 9
EXHIBIT "B"
SUMMARY OF
ORDINANCE NO. 602
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, ORDERING A
SPECIAL BOND ELECTION ON THE QUESTION OF THE ISSUANCE OF WATER
REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $7,200,000 FOR THE
PURPOSE OF FINANCING COSTS FOR THE ACQUISITION OF AN EXISTING
PRIVATELY OWNED PUBLIC WATER SUPPLY AND DISTRIBUTION SYSTEM AND
RELATED IMPROVEMENTS AND FACILITIES; ESTABLISHING THE DATE, TIME, AND
PLACE OF THE SPECIAL BOND ELECTION; APPROVING FORM OF BALLOT
QUESTION; PROVIDING FOR REGISTRATION OF VOTERS; PROVIDING FOR
PUBLICATION OF NOTICE OF SPECIAL BOND ELECTION; PROVIDING FOR RELATED
MATTERS; AND PROVIDING AN EFFECTIVE DATE
A summary of the principal provisions of Ordinance No. 602 of the City of Eagle, Ada
County, Idaho, adopted on April 8, 2008, is as follows.
Section 1: Defines the Water Improvement Project, estimates the total cost, and provides
for the issuance of water revenue bonds, subject to the vote of the qualified electors of the City,
in a principal amount not to exceed $7,200,000 to pay the costs of water system improvements.
Section 2: Provides for a special revenue bond election to be held within the City on
Tuesday, May 27, 2008, for the purpose of enabling the qualified electors of the City to vote
upon the proposition of issuing water revenue bonds in a principal amount not to exceed
$7,200,000.
Section 3: Provides that the polls of the special bond elections shall open at the hour of
8:00 o'clock A.M. and shall remain open continuously until the hour of 8:00 o'clock P.M. on May
27, 2008, and provides for the polling places for the special bond election.
Section 4: Provides that the ballot proposition shall be substantially as follows:
SHALL THE CITY OF EAGLE BE AUTHORIZED TO INCUR AN
INDEBTEDNESS AND ISSUE AND SELL ITS WATER REVENUE BONDS
IN A PRINCIPAL AMOUNT NOT TO EXCEED $7,200,000 TO PAY THE
COSTS OF ACQUIRING A PRIVATELY OWNED PUBLIC WATER SUPPLY
AND DISTRIBUTION SYSTEM AND RELATED IMPROVEMENTS FOR
CONNECTION TO THE WATER SYSTEM OF THE CITY AND RELATED
EXPENSES, THE BONDS TO MATURE OVER A PERIOD WHICH MAY BE
LESS THAN BUT WHICH SHALL NOT EXCEED THIRTY (30) YEARS,
AND TO BE PAYABLE SOLELY FROM THE REVENUES OF THE WATER
SYSTEM OF THE CITY, ALL AS MORE FULLY PROVIDED IN
ORDINANCE NO. 602, ADOPTED ON APRIL 8, 2008?
Page 10
Section 5: Provides for the payment of election expenses.
Section 6: Defines qualified electors as persons eighteen (18) years of age or older, who
at the time of the specified bond elections is a United States citizen who has been a legal and
bona fide resident of the City for at least 30 days immediately preceding the date of the elections,
if properly registered as required by law.
Section 7: Provides for registration of voters.
Section 8: Provides for preparation of official ballots and sample ballots.
Section 9: Provides for publication of Notice of Special Bond Elections.
Section 10: Provides for canvass of votes.
Section 11: Provides for Debt Disclosure Statement pursuant to Idaho Code § 34-439.
Section 12: Provides for the issuance of water revenue bonds maturing over a period
which may be less than but which shall not exceed thirty (30) years, and provides for other
matters related to water and sewer 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. 602 is available at City Hall and will be provided to any
citizen upon personal request during normal office hours.
DATED this 8th day of April, 2008.
CITY OF EAGLE
Ada County, Idaho
Mayor
ATTEST:
City Clerk
(SEAL)
Page 11
CERTIFICATION OF ATTORNEY
I, the undersigned, an attorney at law duly licensed and practicing in the State of Idaho
and serving as City Attorney to the City of Eagle, Idaho, hereby certify that I have read the
attached Summary of Ordinance No. 602 of the City of Eagle, adopted on April 8, 2008, 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 8th day of April, 2008.
Susan E. Buxton
Attorney at Law
Page 12
MOORE SMITH BUXTON & TURCKE, CHARTERED
ATTORNEYS AND COUNSELORS AT LAW
950 W. BANNOCK STREET, SUITE 520; BOISE, ID 83702
TELEPHONE: (208) 331-1800 FAX: (208) 331-1202 www.msbtlaw.com
STEPHANIE J. BONNEY. JOHN J. MCFADDEN*:
SUSAN E. BvxrON* of Counsel
JILL S. HoLINKA MICHAEL C. MOORE:
PAUL J. FrrzER of Counsel
BRUCE M. SMITH
PAULA. TURCKV » Also admitted in California
CARL J. WITHROE»* * Also admitted in New Mexico
TAMMY A. ZOKAN* * Also admitted in Oregon
0 Also admitted in South Dakota
ai Also admitted in Utah
*Also admitted in Washington
April 3, 2008
Sharon Bergmann, City Clerk
City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Re: Bond Election Instructions
Dear Ms. Bergmann,
If the Council wants to proceed with the election on May 27, 2008, it should suspend the
rules, read the ordinance at the April 8 meeting three times (2 of which can be by title only, and
one of which must be in full unless the Council votes to have all three readings by title only), and
pass the ordinance by separate motion by roll -call vote. Please have both copies of the ordinance
signed at page 9 by the Mayor and yourself and affix the City seal at page 9, return one copy to
us, and retain the other executed copy in the City's official records.
The summary of the ordinance should be signed by the Mayor and yourself on page 3 and
by the City Attorney on page 4 and published once in the official newspaper of the City. Please
obtain an affidavit of publication from the newspaper and send a copy to us.
The Notice of Special Bond Election must also be published at least twice in the official
newspaper of the City. The first publication should be done before the pre-election voter
registration deadline of May 1 and the second publication must be at least five (5) days prior to
the election. Please send us a copy of an affidavit of publication of the Notice of Special Bond
Election, showing both publications.
The enclosed form of ballot can be used for the printing of official ballots and sample
ballots. The ballots should be prepared at least thirty-five (3 5) days before the election, and
sample ballots at least twenty-nine (29) days before the election. The ballots should be printed
with perforated stubs, and the stubs (but not the ballots) should be numbered. A copy of the
sample ballots must be published at least twice in the official newspaper of the City, the first
publication being at least twelve (12) days before the election and the second at least five (5)
April 3, 2008
Page 2
days before the election. Please send us a copy of the affidavit of publication of the sample
ballots when it is available.
Please sign both copies of the Certification of Eagle City Treasurer in two places, have
your signature notarized, and return one copy to us. The other is for the City's records.
On election day, each election official should sign a copy of the appropriate oath, and,
after the votes are counted for each Proposition, should complete and sign two copies of the
Return of Judge and Clerks of Election. Please send one copy of the signed oath and of the
completed Returns to us.
If the Proposition is approved by at least a majority of electors voting in the special bond
election, the City Council should meet within six (6) days after the election, and complete the
canvassing resolution for the Proposition by filling in the resolution number, the number of votes
for and against (page 2), and the date of adoption of the resolution (page 3). The resolution
should then be adopted, one signed copy of each sent to us, and one copy of each retained in the
City's records.
If you have any questions during this process, please do not hesitate to contact me.
Sincerely,
MOORE SMITH BUXTON & TURCKE,
CHARTERED
Stephanie J. Bonney
MOORE SMITH BUXTON & TURCKE, CHARTERED
ATTORNEYS AND COUNSELORS AT LAW
950 W. BANNOCK STREET, SurrE 520; BOISE, ID 83702
TELEPHONE: (208) 331-1800 FAX: (208) 331-1202 www.msbtlaw.com
STEPHANIE J. BONNEY. JOHN J. MCFADDEN*I
SUSAN E. BUxroN* of Counsel
JILL S. HOLINKA MICHAEL C. MOOREI
PAUL J. FrrzER of Counsel
BRUCE M. SMITH
PAUL A. TURCKE° » Also admitted in California
CARL J. WITHROE»* ' Also admitted in New Mexico
TAMMY A. ZOKAN+ * Also admitted in Oregon
° Also admitted in South Dakota
a Also admitted in Utah
*Also admitted in Washington
April 3, 2008
Honorable Mayor and City Council
City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Re: Bond Counsel Services for the City's Water Project
Dear Mayor and Council Members:
We are writing regarding the proposed May 27, 2008, bond election and our contract for
bond counsel services. We understand the City would like to ask its voters to vote on whether
the City should issue its water revenue bonds in a principal amount not to exceed $7,200,000 for
the purpose of acquiring Eagle Water Company and making improvements to the water system.
If the City desires to proceed as outlined above, we would charge for Bond Counsel
services as follows: for the estimated $7,200,000 water revenue bonds, our total fee would be
$10,500, payable from the proceeds of the bonds, plus reimbursement of any out-of-pocket
expenses for copying, faxes, travel, long-distance telephone, and the like. If the bond election
were to fail, our fee would not exceed $1,200 plus reimbursement of out-of-pocket expenses. In
the event that interim financing is used, one half of the fee will become payable upon the
issuance of such proceeds.
We have included a proposed Bond Counsel Services Agreement and resolution
approving the same based on the parameters addressed herein. If the City desires to proceed
differently than proposed, please contact me and I will adjust the terms accordingly. Please call
if you would like to discuss our proposal further.
Honorable Mayor and City Council
April 3, 2008
Page 2
Sincerely,
MOORE SMITH BUXTON & TURCKE,
CHARTERED
Stephanie J. Bonney
cc City Attorney
Enclosure
RESOLUTION NO. 08-09
A RESOLUTION OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, APPROVING AN
AGREEMENT FOR BOND COUNSEL SERVICES; AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE SAME; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Eagle, Ada County, Idaho (the "City"), has determined to
conduct a special bond election on May 27, 2008, on the question of authorizing the City to issue
its water revenue bonds in the amount of $7,200,000 to finance the cost of acquiring a privately
owned public water supply and distribution system and associated facilities (the "Bond"); and
WHEREAS, the City is desirous of retaining the law firm of Moore Smith Buxton &
Turcke, Chartered, of Boise, Idaho, as bond counsel to the City for services in connection with
the issuance, sale, and delivery of the Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EAGLE, Ada County, Idaho, as follows:
Section 1: The Agreement for Bond Counsel Services between the City and the law firm
of Moore Smith Buxton & Turcke, Chartered, 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 8th day of April, 2008.
CITY OF EAGLE
Ada County, Idaho
By
Mayor
ATTEST:
City Clerk
AGREEMENT FOR BOND COUNSEL SERVICES
THIS AGREEMENT, made this 8th day of April, 2008, between the City of Eagle, Ada
County, Idaho (the "City"), and the law firm of Moore Smith Buxton & Turcke, Chartered, 950
W. Bannock St., Suite 520, 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 the water revenue bonds of the City.
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 bonds.
(b) Provide representation of Bond Counsel, when requested by the City, at all
meetings held by the City in connection with the issuance and sale of 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 bonds.
(d) Provide such legal guidance and assistance, supervision and consultation, conduct
such proceedings, and provide such opinions, as may be appropriate.
(e) Provide assistance to the City's financial advisor in the preparation of an official
statement or other disclosure materials for use in connection with the sale of the
Bonds, if required.
(f) Supervise the printing and delivery of bonds to the purchasers, and prepare all
necessary closing documents.
(g) Assemble and examine a transcript concerning all proceedings taken in
connection with the issuance and sale of 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.
Page 1
Section 3: COMPENSATION
(a) For rendering the services set forth in Section 2 hereof, Bond Counsel shall
receive from the City compensation in the amount of Ten Thousand Five Hundred
Dollars ($10,500). Fees do not include out of pocket expenses, which are an
additional amount. Said compensation shall be paid solely from the proceeds of
such Bonds, when available, and shall be due following delivery of the Bonds. In
the event that interim financing is utilized, one half of the fee shall become due
upon payment of such interim financing proceeds, and the other one half shall be
payable upon the issuance and delivery of the Bonds.
(b) Bond Counsel shall also be reimbursed for direct out-of-pocket expenses,
including necessary travel and lodging 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
photocopying expenses incurred in performance of its duties hereunder.
(c) Direct out-of-pocket expenses shall be billed following the month said expenses
are incurred and shall be due and payable when billed.
(d) 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 $1,200 total fee), and for direct out-of-
pocket expenses incurred.
(e) Payment is due within thirty (30) days of receipt of the bill.
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 at the hourly rate normally charged by Bond Counsel for the services of the attorneys
performing such work.
Section 5: TERMINATION
Upon completion of the proceedings set forth in Section 2 and upon the issuance of the
Bonds, this agreement shall terminate, except for payment of the fees and costs as set forth in
Sections 3 and 4 above.
Page 2
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year
first above written.
ATTEST:
City Clerk
Page 3
CITY OF EAGLE
Ada County, Idaho
By
Mayor
MOORE SMITH BUXTON & TURCKE,
CHARTERED
By
Stephanie J. Bonney
OFFICIAL BALLOT
CITY OF EAGLE
Ada County, Idaho
SPECIAL BOND ELECTION
MAY 27, 2008
WATER IMPROVEMENT PROJECT
INSTRUCTIONS TO VOTERS: In order to vote IN FAVOR of the proposed
bond issue, please make a cross (X) or other mark to the right of the words, "IN
FAVOR of issuing water revenue bonds for the purposes provided by Ordinance
No. 602." In order to vote AGAINST the proposed bond issue, please make a
cross (X) or other mark to the right of the words, "AGAINST issuing water
revenue bonds for the purposes provided by Ordinance No. 602." If you, by
mistake or accident, mark, tear, deface, or otherwise mutilate the ballot, please
return it to an election judge and obtain another ballot.
SHALL THE CITY OF EAGLE BE AUTHORIZED TO INCUR AN
INDEBTEDNESS AND ISSUE AND SELL ITS WATER REVENUE BONDS
IN A PRINCIPAL AMOUNT NOT TO EXCEED $7,200,000 TO PAY THE
COSTS OF ACQUIRING A PRIVATELY OWNED PUBLIC WATER SUPPLY
AND DISTRIBUTION SYSTEM AND RELATED IMPROVEMENTS FOR
CONNECTION TO THE WATER SYSTEM OF THE CITY AND RELATED
EXPENSES, THE BONDS TO MATURE OVER A PERIOD WHICH MAY BE
LESS THAN BUT WHICH SHALL NOT EXCEED THIRTY (30) YEARS,
AND TO BE PAYABLE SOLELY FROM THE REVENUES OF THE WATER
SYSTEM OF THE CITY, ALL AS MORE FULLY PROVIDED IN
ORDINANCE NO. 602, ADOPTED ON APRIL 8, 2008?
IN FAVOR OF issuing water revenue bonds for
the purposes provided by Ordinance No. 602
[]
AGAINST the issuance of water revenue bonds for
the purposes provided by Ordinance No. 602 [ ]
The following information is required by Section 34-439, Idaho Code:
The interest rate anticipated on the proposed bonds is 5.0% per annum. The range
of anticipated rates is from two percent (2.0%) to six percent (6.0%). The City
has existing indebtedness of $4,978,247. 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 $14,023,713.
CITY OF EAGLE
DEBT DISCLOSURE STATEMENT
I. EXISTING DEBT:
General Obligation Bond
Promissory Note to DEQ
Date of
Original
Issuance
11/30/06
08/22/06
Original
Principal
Amount
$1,935,000
$2,590,000
Unpaid
Principal
To Date
$1,780,000
$2,590,000
Unpaid
Interest
To Date
$460,943
$147,304
II. PROPOSED NEW ISSUE:
A. Type of Indebtedness: Water Revenue Bonds
B. Anticipated Interest
Rate: 5.0%
C. Range of Rates: 2.0% to 6.0%
D. Proposed Principal
Amount: $ 7,200,000.00
E. Maximum Rate as Shown
on Ballot: No Maximum
III. TOTAL PROPOSED BONDED DEBT:
A. Principal Amount Payable
to Maturity
B. Interest Amount Payable
to Maturity
C. Total Debt - Proposed Issue
EXHIBIT "A"
$ 7,200,000
$6,823,713
$14,023,713
STATE OF IDAHO
County of Ada
OATH OF ELECTION JUDGE
I, , being first duly sworn, do, upon oath, declare that I
will support the Constitutions of the United States of America and of the State of Idaho, and will, to
the best of my ability, perform the duties of Judge of the special bond election to be held in the City
of Eagle, of Ada County, Idaho, on May 27, 2008.
SUBSCRIBED AND SWORN to before me this 27th day of May, 2008.
OATH OF ELECTION CLERK
STATE OF IDAHO )
) ss.
County of Ada )
I, , being first duly sworn, do, upon oath, declare that I
will support the Constitutions of the United States of America and of the State of Idaho, and will, to
the best of my ability, perform the duties of Clerk of the special bond election to be held in the City
of Eagle, of Ada County, Idaho, on May 27, 2008.
SUBSCRIBED AND SWORN to before me this day of April, 2008.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAGLE, ADA COUNTY,
IDAHO, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE
SPECIAL REVENUE BOND ELECTION HELD ON MAY 27, 2008, FOR THE PURPOSE OF
SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY THE QUESTION OF THE
ISSUANCE OF WATER REVENUE BONDS OF THE CITY IN AN AMOUNT NOT TO
EXCEED $7,200,000; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, a special revenue bond election was duly held on May 27, 2008, for the
purpose of submitting to the qualified electors of the City of Eagle (the "City") the question of
whether or not the City should be authorized to issue its water revenue bonds in a principal
amount not to exceed $7,200,000 for the acquisition of a water supply and distribution system,
together with costs incident thereto, as set forth in Ordinance No. 602 of the City, adopted on
April 8, 2008; and
WHEREAS, the judges and clerks of the election have conducted the election and made
their return in the manner provided by law; and
WHEREAS, the City Council now desires to canvass the votes and to declare the results
of the election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EAGLE, IDAHO, as follows:
Section 1: ELECTION
The special bond election of May 27, 2008, was duly and regularly called, noticed, held,
and conducted, the votes cast thereat received and canvassed, and the returns thereof made in the
time, form, and manner required by law and by the ordinances, resolutions, and proceedings
taken by the City.
Section 2: NOTICE OF ELECTION
Notice of the special bond election was duly and legally given prior to said election by the
publication of an appropriate notice in the official newspaper of the City prior to the election, the
first publication being not less than twelve (12) days prior to the special bond election, and the
second publication being at least five (5) days prior to the date of the election.
Section 3: POLLS
The polls of the special bond election were opened at 8:00 o'clock A.M. on May 27,
2008, and remained open continuously until closed at the hour of 8:00 o'clock P.M., at the voting
place duly provided by Ordinance No. 602.
Section 4: QUALIFIED ELECTORS
Only persons who were, on May 27, 2008, qualified electors of the City, within the
meaning of Article 6, Section 2, Idaho Constitution, and Section 50-413, Idaho Code, eighteen
(18) years of age or older, citizens of the United States and of the State of Idaho and who had
been bona fide residents of the City for at least thirty (30) days next preceding the special bond
election, duly registered to vote therein, were permitted to vote at the special bond election, and
no person qualified to vote at said election was refused the right to vote.
Section 5: BALLOTS
The ballot used at the special bond election was in the form prescribed by law. A sample
ballot, in the form prescribed by law, was published in the manner provided by law.
Section 6: CANVASS
The City Council has examined the returns of the special bond election and hereby
canvasses the returns and declares the results of the election of whether or not the City of Eagle,
Idaho, should issue its water revenue bonds in an amount not to exceed $7,200,000 for the
purposes stated in Ordinance No. 602, adopted on April 8, 2008.
The total number of votes cast at said election was as follows:
Total votes cast, ; votes for, ; votes against,
Section 7: AUTHORIZATION TO PROCEED
Upon canvass, it is found that the requisite majority of the votes so cast at the special
bond election were cast in the affirmative on the issuance of water revenue bonds in a principal
amount not to exceed $7,200,000 duly passed; that the special bond election was held and
conducted in compliance with the law; and that the City is authorized to proceed with the
authorization and issuance of the bonds as specified in the proposition.
Section 8: RATIFICATION
All actions taken by the City in connection with the special bond election, the publication
of notice thereof, the preparation and printing of ballots and sample ballots used at the election,
and all other matters connected therewith, are hereby in all respects ratified, approved, and
confirmed.
Page 2
Section 9: EFFECTIVE DATE
This Resolution shall take effect and be in force immediately upon its passage and
approval.
DATED this day of May, 2008.
CITY OF EAGLE
Ada County, Idaho
By
Mayor
ATTEST:
City Clerk
Page 3
LANGTREE SUBDIVISION
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11
Request Approval for Annexation, Rezone with a
Development Agreement and a Preliminary Plat
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Request, Comp Plan, Vicinity
• Annexation and rezone from RUT (Rural Urban Transition) to MU -DA (Mixed
Use with a Development Agreement)
• Preliminary plat approval for Langtree Subdivision, a 45 -lot, 54 -unit (33 -single-
family, [23 multi -family contained within 3 -lots], 9 common[ 37%])
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Examples of Housing Types
- Craftsman Americana Style
Proposed Design for Condominium Building
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PUD Requests
J Escalante- 35' Landscape Buffering, North and South of Eaglefield
J Meandering Pathway within Landscaped area connected to Eaglefield Estates
and stubbed for Future Mixed Use/ High Density Development to the West
J Detached Internal Sidewalks and Walkable Neighborhood
Easy Access to Open Space
• Approved reductions to internal streets in order to;
Slow traffic
4 Increase Visual Interest
.► Reduce use of Asphalt
J Provide Guest Parking
J Access open space
4 Provide Detached Sidewalks
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Lan{?trec Subdivision Setback Exhibit 01
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PUD Requests
- Setbacks
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Langtree's Design works with the Natural
Terrain
Located in a Mixed Use/High Density Corridor
Near Highway 44
Site Constraints include;
• Proximity to Hwy 44
Middleton Mill Canal
• Extension of Major Collector (Escalante Dr.)
All Tots except west boundary back onto
common areas
Future calls for extension of mixed use,
commercial and high density residential near
the site and to the west
All request were approved by the Planning
and Zoning Commission except;
• The Northeast Corner Rear Setback of 15'
• The Western Boundary Setback of 15
• If approved these minor reductions in setback
length will significantly help the "buildability" of
the associated lots
VDMARK
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Economic Analysis
Economic Analysis based on 2007 Levy Information — These numbers are used only
as estimates.
Total Tax Assessment doesn't include Homeowner's Exemption
Ada School City of Eagle Eagle Mosquito
Langtree Lot County- Emergency ACHD- Dist.#2 - Eagle- Star Cemetery- Fire- Sewer- Abate- Total Levy
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2-20, Block 1 11,850 515 4,700 19,000 4,120 480 5,665 206 130 46,666
2-8, Block 2 3,800 165 1,485 6,100 1,320 155 1,815 66 40 14,946
1-8, Block 3 4,300 187 1,700 7,000 1,500 176 2,100 75 50 17,088
2, Block 4 1,840 80 720 3,000 640 800 900 30 20 8,030
3, Block 4 6,600 300 2,600 11,000 2,300 300 3,200 120 70 26,490
4, Block 4 1,300 60 500 2,100 500 55 630 20 15 5,100
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LEGEND
LOS REQUIRED SETBACKS
10'• Front
❑ 15'- Front (To Garage)
5'- Side (Interior)
15'- Rear
Langtree Subdivision Setback Exhibit
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5'.Front
10' Side (Street)
3' -Side (Interior)
7.5'- Rear
20' Front
7.5'. Side
15' Rear
I5'- Front
10' Side
10' Rear
PROJECT NO.
007152
PROPOSED
SETBACK EXHIBIT FOR
LANGTREE SUBDIVISION
2008
iff 0 40' eor
11
SCALE. r - 80'
LEGEND
BOUNDARY UNE
RIGHT-OF-WAY UNE
ROAD CENTERUNE
SETBACK UNE
EASEMENT UNE
BLOCK NUMBER
1 LOT NUMBER
7C COMMON LOT
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