HomeMy WebLinkAbout0157 Water Improvement Revenue Bonds 1975ORDINANCE NO. 157
AN ORDINANCE RELATING TO THE WATER SYSTEM OF THE CITY
OF CHUBBUCK, IDAHO; PROVIDING FOR AND CALLING A SPECIAL
ELECTION AT WHICH THERE SHALL BE SUBMITTED TO THE
ELECTORS QUALIFIED TO VOTE THEREON THE QUESTION OF
ISSUING WATER IMPROVEMENT REVENUE BONDS OF THE CITY FOR
THE PURPOSE OF DEFRAYING IN PART THE COST OF IMPROVING,
EXTENDING AND BETTERING THE CITY'S WATER SYSTEM;
PRESCRIBING DETAILS IN CONNECTION THEREWITH; RATIFYING
ACTION PREVIOUSLY TAKEN CONCERNING THE WATER SYSTEM,
THE ELECTION AND THE BONDS; AND PROVIDING THE EFFECTIVE
DATE HEREOF.
WHEREAS, the City of Chubbuck (the "City"),
Bannock County, Idaho, is a municipal corporation duly
organized and existing as a city under the general laws of
the State of Idaho; and
WHEREAS, the current water system (the "system")
of the City is presently in need of improvement, extension
and betterment; and
WHEREAS, the City Council (the "Council") has
determined and does hereby determine that the interest of
the community and the public interest and necessity require
the immediate improvement, extension and betterment of the
water system by the acquisition of a 1,000,000 gallon water
storage facility and the subsequent purchase, construction
and other acquisition of additional water mains, transmission
lines, conduits, pipelines and connections and other appurtenances
necessary, useful and convenient for the storing, transporting
and distributing of water within the city (the "Project");
and
WHEREAS, for the purpose of defraying, in part,
the cost of the Project, the Council further deems it necessary
to issue its water improvement revenue bonds in the aggregate
principal amount of $Z50,000.00 , or so much thereof as may
be necessary, payable solely from the revenues of the water
system as so improved, extended and bettered pursuant to the
Revenue Bond Act (the "Act"), cited as Sections 50-1027
through 50-1042, Idaho Code, and all laws thereto enabling;
and
WHEREAS, the City has previously pledged but has fully
discharged any and all obligations upon which it has pledged
the revenues derived from the operation of the water system
for the redemption of bonds payable from such revenues, or
otherwise, said water system being a single and separate utility,
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with the result that the net revenues to be derived fr~m the
operation of the system may be pledged lawfully and irrevocably
to secure the repayment of such revenue bonds herein authorized
pursuant to the Act; and
WHEREAS, such revenue bonds shall not be a debt of
the City of Chubbuck and it shall not be liable thereon, nor
shall such revenue bonds be payable out of any funds other
than the revenue from the water system pledged to the
payment thereof; and
WHEREAS, such water improvement revenue bonds
cannot be issued without the assent of a majority of the
qualified electors of the City voting at an election held
for the purpose of authorizing or refusing to authorize the
issuance of such revenue bonds; and
WHEREAS, neither the question herein set forth nor
any question for a similar, or like, purpose has been
defeated at an election which has been held in the City
within six months of the date of the adoption of this
ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
COUNCIL OF THE CITY OF CHUBBUCK, IDAHO:
Section 1. All action heretofore taken (not
inconsistent with the provisions of this ordinance) by the
Council and the officers of the City, directed toward:
a. The Project; and
b. The issuance of the City's water improvement
revenue bonds therefore; and
c. The calling and holding of an election for the
authorization of such bonds,
be, and the same hereby is, ratified, approved and confirmed,
including, without limitation, the giving of notice of such
election.
Section 2. Subject to the assent of the majority
of the qualified electors voting on the question, it is
hereby ordered that the Project be purchased, constructed,
and acquired and that the water improvement revenue bonds of
the City of Chubbuck, in the aggregate principal amount
of $250,000.00, or so much thereof as may be necessary, be
issued pursuant to the Act to defray, in part, the cost
thereof.
Section 3. The project briefly and generally
described shall consist of the improvement, extension and
betterment of the water system by the acquisition of a
1,000,000 gallon water storage facility, and the subsequent
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purchase, construction and other acquisition of additional
water mains, transmission lines, conduits, pipelines, and
connections, together with other appurtenances necessary,
useful and convenient for the storing, transporting and
distributing of water within the City of Chubbuck.
Section 4. The details of the improvement,
extension and betterment of the water system are more
specifically shown and described in portions relating to
water systems in the 1970 Engineering Report on a Preliminary
Study, together with 1975 supplements and revisions thereto,
prepared by Forsgren, Perkins & Associates, Inc., Consulting
Engineers, of Rexburg and Pocatello, Idaho (herein "Engineer").
For further details, reference is hereby made to said report,
supplements and revisions which are now on file and available
for inspection in the office of the Clerk of the City.
Section 5. The cost of the Project, including all
incidental expenses, has been estimated by the Engineer to
be approximately $250,000.00. This sum has been computed by
the Engineer to include an amount sufficient for acquisition
and installation of the 1,000,000 gallon water storage
facility with necessary appurtenances, with such balance as
may remain to be allocated to the acquisition and installation
of water piping connecting the storage facility into the
existing water system, together with street repairs and
necessary appurtenances. The City contemplates issuing
water revenue bonds in the aggregate principal amount of
$250,000.00 or so much thereof as may be necessary. The
City does not now anticipate that any of the cost will be
defrayed by federal grants or grants from the State of
Idaho; but such grant funds may be applied to the project if
any become available in the future, and the scope of the
project or the project cost to the City will be adjusted
accordingly.
Section 6. Such water revenue bonds shall bear
interest at a rate or rates not exceeding eight and one-half
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percent (8 1/2%) per annum, payable annually or at such
lesser intervals as may hereafter be prescribed by ordinance;
shall mature serially (or in installments if one bond is
issued representing the entire principal amount of the bond
issue) commencing within two (2) years from and after the
date of the bonds and ending twenty (20) years from and
after the date of the bonds; shall be payable solely from
the revenues of the water system as so improved, extended
and bettered in accordance with the provisions of the Act;
and may be made subject to prior redemption at such time or
times, with or without permium, and upon such terms and
conditions as may be determined by the Council in the
ordinance authorizing the bonds, or otherwise pertaining
thereto.
Section 7. A municiPal ~bond eleCtion
shall be, and the same hereby is, called to be held on
Tuesday, the 4th day of November, 1975, between the hours of
12:00 noon and 8:00 p.m. on said day for the purpose of
enabling the qualified electors of the City to vote upon
the question of issuing the water revenue bonds as set forth
in the notice of election, the form of which is prescribed
by this ordinance. This municipal bond election shall be
held concurrently with the general municipal election
scheduled to be conducted on the same date, during the same
hours, and at the same precinct and polling place. Said
municipal bond election shall be held in compliance with the
municipal election laws set forth in-Idaho Code sections
50-401 through 50-423, except insofar as the election
provisions of the Revenue Bond Act, Idaho Code sections
50-1027 through 50-1042, govern. In addition, there shall
be full compliance with applicable provisions of the Voting
Rights Act of 1965, 42 U.S.C. 1973-1973 bb-4, as amended by
the Voting Rights Act Amendments of 1975, P.L. 94-73, and
all applicable rules of the Bureau of the Census of the
U.S. Department of Commerce and of the U.S. Attorney General.
Section 8. There shall be one (1) voting precinct
for the munlcip.a! bond election with boundaries
coterminous with those of the City of Chubbuck.
Section 9. At said election the voting place and
officials serving thereat shall be as follows:
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CHUBBUCK PRECINCT
Polling Place Officials
Chubbuck City Offices Janice Johnson
5160 Yellowstone Edna Bayliss
Chubbuck, Idaho Shirley Leslie
Ellen Kunz
Virginia Finkelnberg
Clerks
Phyllis Armstrong
Judge
The above-named officials may also be designated to serve as
officials of the concurrent general municipal election,
together with such other individuals as may also be necessary
and convenient to the conduct of the general municipal
election.
Section 10. The polls and the ballot boxes shall
open at the hour of 12:00 noon on the day of the election
and shall remain open continuously until the hour of 8:00
p.m. of said day, at which time the polls shall be closed.
Section 11. The voting at the election on the
question of issuing the water revenue bonds shall be by
ballot substantially in the following form:
[Continued on following page]
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[Form of Water Improvement Revenue Bond Ballot]
OFFICIAL BALLOT
MUNICIPAL BOND ELECTION
WATER REVENUE BONDS
CITY OF CHUBBUCK, BANNOCK COUNTY
STATE OF IDAHO
November 4, 1975
QUESTION SUBMITTED:
Shall the City of Chubbuck, Idaho, be authorized to
issue and sell its water improvement revenue bonds in
the aggregate principal amount of $250,000.00, or so
much thereof as may be necessary, for the purpose of
providing funds with which to improve, extend and
better the water system of the City, said bonds to
mature serially commencing within two years from and
after the date of the bonds and ending twenty years
from and after the date of the bonds, to bear interest
at a rate or rates not to exceed eight and one-half
percent (8 1/2%) per annum, as more fully provided in
Ordinance No. 157 , signed and approved October 15,
1975, the principal of and interest on said bonds to be
payable solely from the net revenues to be derived from
the operation of the City's water system?
IN FAVOR of issuing revenue bonds
for the purposes provided by
Ordinance No. 157
AGAINST the issuance of revenue
bonds for the purposes pro-
vided by Ordinance No. 157
Instructions to Voters: The voter must make a cross (X) in
the appropriate space opposite the words which express
his or her choice on the above question. All marks
otherwise made are forbidden; all distinguishing marks
are forbidden and render ballot void. If you by
mistake or accident mark, tear, deface or otherwise
mUtilate this ballot, return it to the election judge
and obtain another ballot.
[End of Form of Water Improvement Revenue Bond Ballot]
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Section 12. The City Clerk shall cause to be
printed not less than fifteen (15) days before the election,
sample ballots containing the water revenue bond 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 ballot and shall not
be numbered, and the Clerk shall furnish copies of the same
on application at her office to anyone applying therefor.
Said sample ballot shall be published at least twice in the
official newspaper of the City, the last time to be within
five days of the election.
Section 13. Ballots shall be furnished by the
City Clerk to the judges of the election to be by them
furnished to the voters. At said election only those persons
who are qualified to vote at elections in the City of
Chubbuck shall be permitted to vote on said water revenue
bond question. Each person desiring to vote at the election
shall sign a written verfication of registration setting
forth his or her qualifications to vote at the election.
Such verification of registration shall be in substantially
the following form:
[Continued on following page]
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[Form of Verification of Registration]
ELECTOR'S VERIFICATION OF REGISTRATION
MUNICIPAL WATER IMPROVEMENT
REVENUE BOND ELECTION
CITY OF CHUBBUCK, COUNTY OF BANNOCK
STATE OF IDAHO
November 4, 1975
I do solemnly swear (or affirm) that I am a
citizen of the United States; that I am of the age of
eighteen years or over; that on or before the 1st day of
November, 1975, I became and that I am now a bona fide
resident of the City of Chubbuck and that I have not retained
a home or domicile elsewhere; that I am a registered elector
in this election precinct; and that I have not previously
voted at this election, so help me, God.
Elector
Address of Elector
Subscribed and sworn to before me this 4th day
of November, 1975.
Election Official
lEnd of Form of Verification of Registration]
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Section 14. Notice of such special bond election
shall be given prior to said election by publishing notice
in the Idaho State Journal, Pocatello, Idaho, which is the
official newspaper of the City of Chubbuck, and of general
circulation therein, at least once a week for two successive
weeks prior to such election, and by posting such notice in
at least three public places in said voting precinct.
Section 15. The notice of election shall be in
substantially the following form:
[Continued on following page]
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[Form of Notice]
CITY OF CHUBBUCK, IDAHO
NOTICE OF MUNICIPAL BOND ELECTION
November 4, 1975
PUBLIC NOTICE IS HEREBY GIVEN that a municipal
bond election will be held in the City of Chubbuck, Bannock
County, Idaho, on Tuesday, November 4, 1975, for the purpose
of voting on the following question:
WATER IMPROVEMENT REVENUE
BOND QUESTION SUBMITTED:
Shall the City of Chubbuck, Idaho, be authorized to
issue and sell its water improvement revenue bonds in
the aggregate principal amount of $250,000.00, or so
much thereof as may be necessary, for the purpose of
providing funds with which to improve, extend and
better the water system of the City, said bonds to
mature serially commencing within two years from and
after the date of the bonds, and ending twenty years
from and after the date of the bonds, to bear interest
at a rate or rates not to exceed eight and one-half
percent (8 1/2%) per annum, as more fully provided in
Ordinance No. 157 , signed and approved October 15,
1975, the Principal of and the interest on said bonds
to be payable solely from the net revenues to be
derived from the operation of the City's water system?
At such election only registered qualified electors
of the City will be permitted to vote on the question
submitted.
A qualified elector is a person who shall be
eighteen years of age or older on the date of the election,
a citizen of the United States, and a bona fide resident of
the City of Chubbuck, Idaho, as of the date of registration
and of the election.
Any registered qualified elector desiring to vote on
the above bond question will be required to sign a written
verification of registration setting forth his or her
qualifications to vote at~the~tection.
The polls will open at the hour of 12:00 o'clock
noon on said day, and will be open continuously until the
hour of 8:00 o'clock p.m., at which time the polls will be
closed.
There shall be one voting precinct with boundaries
coterminous with those of the City. The polling place for
the qualified electors and the officials serving thereat
shall be as follows:
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CHUBBUCK PRECINCT
Polling Place
Chubbuck City Offices
5160 Yellowstone
Chubbuck, Idaho
Officials
Clerks
Janice Johnson
Edna Bayliss
Shirley Leslie
Ellen Kunz
Virginia Finkelnberg
Judge
Phyllis Armstrong
Vera C. Armstrong, City Clerk, is ex-officio
Registrar of the City. The place of registration is the
office of the City Clerk in Chubbuck, Idaho.
Except as provided by Section 50-412, Idaho Code,
it shall be necessary to register in order to vote at such
bond election. When once so registered for a general city
election, thereafter an elector shall not be required to
again register for the bond election so long as he shall
have continued to reside at the same address, or within the
same precinct in which he is registered except as hereinafter
provided. If an elector shall have moved from the City and
shall remain away from such City for a period of one (1)
year, his name is stricken from the electors' register. If
he or she shall thereafter again reside in such City, he or
she may again register and be eligible to vote, provided
that he or she possesses the other qualifications required
by law. If an elector shall have failed or neglected to
vote at any general biennial city election, the Clerk shall
strike the name of such elector from the electors' register,
and such elector, in order to vote-at the bond election,
must again register.
Persons who are not currently registered may
register on each day at any time during the regular office
hours of the City Clerk until and including the Saturday
next preceding the election; and on Thursday, Friday and
Saturday next preceding the election persons may register
between the hours of 9:00 o'clock a.m. and 5:00 o'clock p.m.
and between the hours of 7:00 o'clock p.m. and 9:00 o'clock p.m.
The voting at said election shall be by ballot.
The ballots to be supplied the voters for their use at said
election shall be in the form set out in said Ordinance
No. 157 .
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Absentee voting will be permitted for the above-
described election in the manner prescribed by law. A
written application for an absent voter's ballot shall
contain the name of the elector, the elector's home or
residence address, and the address to which such ballot
shall be forwarded. Such application shall be to the City
Clerk of Chubbuck, Idaho.
Ordinance No. 157 was adopted for the purpose
of ordering the improvement, extension and betterment of the
water system by a project providing for the acquisition
of a 1,000,O00 gallon water storage facility with
necessary appurtenances, and for the subsequent acquisition
and installation of additional water mains,
transmission lines, conduits, pipelines, connections and
other appurtenances necessary, useful and convenient for the
storing, transporting and distributing of water within the
City of Chubbuck, and ordering the issuance of water improvement
revenue bonds, subject to the assent of the majority of the
registered qualified electors voting on the question.
Proceedings to contest the results of the municipal
bond election on the above question may be instituted as
provided in Section 34-2001, Idaho Code, but shall be instituted
within forty days after the votes cast at such election have
been canvassed and the results thereof declared and not
thereafter.
BY ORDER OF THE CITY COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO, THIS 15th DAY OF OCTOBER, 1975.
[End of Form of Notice]
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Section 16. If at such election the majority of
the qualified electors of the City voting at such election
assents to the issuance of the water improvement revenue
bonds, they should be issued as provided by the Revenue Bond
Act and they shall be sold, executed and delivered in the
same manner provided by the Municipal Bond Law of the State
of Idaho.
Section 17. The officers of the City shall be, and
they hereby are, authorized and directed to take all action
necessary or appropriate to effectuate the provisions of
this ordinance.
Section 18. All by-laws, resolutions and ordinances
in conflict with this ordinance, are hereby repealed.
Section 19. If any section, paragraph, clause or
provision of this ordinance shall for any reason be held to
be invalid or unenforceable, the invalidity or unenforceability
of such section, paragraph, clause or provision shall not
affect any of the remaining provisions of this ordinance.
Section 20. This ordinance shall be published
after adoption in at least one issue of the Idaho State
Journal, of Pocatello, Idaho, which is the official newspaper
of the City of Chubbuck.
Section 21. This ordinance shall be in full force
and effect from and after its passage, approval and publication,
as provided by law.
PASSED by the City Council of the City of Chubbuck,
Idaho, this 15th day of October, 1975.
APPROVED by the Mayor of the City of Chubbuck,
Idaho, this 15th day of October, 1975.
Attest:
Cit7 Clerk
CITY COUNCIL OF THE CITY OF
CHUBBUCK, A MUNICIPAL
CORPORATION OF IDAHO
By: ' May-r
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