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HomeMy WebLinkAbout10 20 1976 Ord. 157ORDINANCE NO. 157 AN ORDINANCE RELATING TO THE WATER SYSTEM OF THE CITY OF CHUBBUCK, IDAHO; PROVIDING FOR AND CALLING A SPECIAL ELEC. TION 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, EX- TENDING AND BETTERING THE CITY'S WATER SYSTEM; PRESCRIBING DETAILS IN CONNECTION THEREWITH; R A T I F Y I N G ACT'[ O N PREVIOUSLY TAKEN CON- CERNING 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 lawsofthestateof Idaho; and WHEREAS, the current water system (the "System") of the City Is presently in need of im- - provement, extension and bet- terment; 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 im- provement, extension and bet- terment of the water system by the acquisition of a 1,000,000 gallon water storage facility and the subsequent purchase, con- struction and other acquisition of additional water mains, tran- smission lines; conduits, pipelines and connections and other ap- purtenances 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 , or so much thereof as may be necessary, payable solely from the revenues of the water system as so im- proved, 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, with the result that the net revenues to be derived from 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 facility with necessary ap- purtenances, with such balance a$ may remain to be allocated to the acqu(sition and installation of water piping connecting the ( storage facility into the existing water system, together with — street repairs and necessary appurtenances. The City con. templates 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 anyof 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 per cent (81/2 per cent) per annum, payable annually or at such lesser intervals as may hereafter be prescribed by or- dinance; shall mature serially (or in installments if one bond is issued rOresenting 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 nbon 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 bythis ordinance, This municipal bond election shall be held concurrently with the general municipal election schedu{ed 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 ad- dition, there shall be full com- pliance 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 municipal 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: CHUBBUCK PRECINCT Polling Place Chubbuck City Offices 5160 Yellowstone Chubbuck, Idaho Officials' Janice Johnson Edna Bayliss Shirley Leslie paper of a different color than th official ballot and shall not b numbered, and the Clerk shal furnish copies of the same o application at her office to anyone applying therefor. Said sample baflot 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 b them furnished to the voters. At said election only those person 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 verification of registration setting forth his or her qualifications to vote at the election. Such verification of registration shall be in substantially the following form : ( Form of Verification of Registration) ELECTOR'S VERIFICATION OF REGISTRATION MUNICIPAL WATER IM- PROVEMENT REVENUE BOND ELECTION CITYOFCHUBBUCK, COUNTY OF BANNOCK STATE OF IDAHO November4,1975 I do so)emnly 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, 1 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 eiector in this election precinct; and that ) 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 ( End of Form of Verification of Registration) 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 suc- cessive weeks prior to such election, and by posting such notice in at least three public places in said voting precinct. Section 15. Thenoticeof election shall be in substantially the following form: ( 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 BONDQUESTION 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 tea....,. ,r ,=w, u 6 rl e day at any time during the e regular office hours of the City I Clerk until and including the n 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. y The voting at said election shall be by ballot. The ballots to be s suppl led the voters for their use at said election shall be in the form set out in said Ordinance No. 157. Absentee voting will be per- mitted 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 1,000,000 gallon water storage facility with necessary appurtenances, and for the subsequent acquisition and installation of additional water mains, transmission lines, con. duits, 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 im. provement revenue bonds, sub- iect to the assent of the majority of the registered qualified elec- tors 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. John 0. Cotant Jr. Mayor Attest: Vera C. Armstrong City Clerk ( End of Form of Notice) Section 16. If at such election the ma#ority 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 cr provision shall not affect any of the remaining provisions of this or. dinance. 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 ORDINANCE NO. 157 AN ORDINANCE RELATING TO THE WATER SYSTEM OF THE CITY OF CHUBBUCK, IDAHO; PROVIDING FOR AND CALLING A SPECIAL ELEC- TION 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, EX- TENDING AND BETTERING THE CITY'S WATER SYSTEM; PRESCRIBING DETAILS IN CONNECTION THEREWITH; RATIFYING A C T 1 0 N PREVIOUSLY TAKEN CON- CERNING 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 I'system") of the City is presently in need of im- provement, extension and bet- terment; and WHEREAS, the City Council tthe "Council") has determined and does hereby determine that the interest of the community and the public interest and necessity require the immediate im- provement, extension and bet- terment of the water system by the acquisition of a 1,000,000 gallon water storage facility and the subsequent purchase, con- struction and other acquisition of additional water mains, tran- smission lines, conduits, pipelines and connections and other ap- purtenances 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 , or so much thereof as may be necessary, payable solely from the revenues of the water system as so Im- proved, 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, with the result that the net revenues to be derived from 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 im. provement revenue bonds cannot be issued without the assent of a mority of the qualified electors of the City voting at an election held me the nurnose of authorizing or CIT 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 per cent (81/2 per cent) per annum, payable annually or at such lesser intervals as may hereafter be prescribed by or- dinance; 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 dt 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 ad- dition, there shall be full com- pliance 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.5. Attorney General. Section 8. There shall be one (1) voting precinct for the municipal 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: CHUBBUCK PRECINCT Polling Place Chubbuck City Offices 5160 Yellowstone Chubbuck, Idaho Officials' Janice Johnson Edna Bayliss 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. said election only those person. 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 verification of registration setting forth his or her qualifications to vote at the election. Such verification of registration shall be in substantially the following form: ( Form of Verification of Registration) ELECTOR'S VERIFICATION OF REGISTRATION MUNICIPAL WATER IM- PROVEMENT REVENUE BOND ELECTION CITY OF CHUBBUCK, COUNTY OF BANNOCK STATE OF IDAHO November4, 1975 1 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, 1 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 ( End of Form of Verification of Registration) 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 suc- cessive weeks prior to such election, and by posting such notice in at least three public places in said voting precinct. Section 15.Thenoticeof election shall be in substantially the following form: ( Form of Notice) CITY OF CHUBBUCK, IDAHO NOTICE OFMUNICIPAL 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 com- mencing within two years from and after the date of the bonds, and ending twenty years from and after the dateof the bonds, to bear interest at a rate or rates not to exceed eight and one-half per cent (81 2 per cent) per annum, as more fully provided in Ordinance No. 157, signed and approved October 15, 1975, the principal of and the interest on said bands to be navah12 snlely from the net buppil­ said election shall be in the form set out in said Ordinance No. 157. Absentee voting will be per- mitted 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 1,000,000 gallon water storage facility with necessary appurtenances, and for the subsequent acquisition and installation of additional water mains, transmission lines, con- duits, 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 im- provement revenue bonds, sub- ject to the assent of the majority of the registered qualified elec- tors 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. John 0. Cotant Jr. Mayor Attest: Vera C. Armstrong City Clerk ( End of Form of Notice) 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 or- dinance. Section 20, TW5 ordinance shall be published after adoption in at least one issue of the Idaho State Journal, of Pocatello, Idaho, which is the off iciat 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. CITY COUNCIL OF THE CITY OF CHUBBUCK, A