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Home My WebLink About11 16 2008 Petition Judicial ConfirmationICHAEL C. MOORE, ISB #1188 'EPHANIE J. BONNEY, ISB #6037 OORE SMITH BUXTON & TURCKE, CHARTERED iO W. Bannock Street, Suite 520 )ise, Idaho 83702 ,lephone: (208) 331-1800 (csimile: (208) 331-1202 mail: sjb@msbtlaw.com -IOMAS J. HOLMES, ISB #2448 )NES, CHARTERED hubbuck City Attorney )3 South Garfield 0, Box 967 ocatello, Idaho 83204-0967 ,lephone: (208) 232-5911 acsimile: (208) 232-5962 -mail: tholmesid@aol.com A-) cry V,utie ank� Ifni; Fr =70 ttorneys for Petitioner IN THE DISTRICT COURT OF THE SIXTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BANNOCK re: } Case No. CV2008-4421-OC THE CITY OF CHUBBUCK, ) NOTICE OF FILING an Idaho municipal ) OF PETITION FOR corporation, JUDICIAL CONFIRMATION Petitioner. ) ) NOTICE IS HEREBY GIVEN that the City of Chubbuck, Bannock County, Idaho (the "City"), las petitioned, pursuant to Idaho Code § 7-1301, et. sec.. for judicial confirmation of the validity )f a certain proposed loan obligation and related matters to be incurred by the City. The Petition seeks confirmation of the validity of the power and authority of the City of ,,hubbuck, Idaho, to: (a) incur an indebtedness in a principal amount not to exceed $9,883,000 for the financing of the cost of certain services and improvements for the City's existing waste- waterlsewer collection and treatment system as an "ordinary and necessary expense" within the meaning of Article 8, Section 3, Idaho Constitution; (b) enter into a certain loan agreement with the State of Idaho, Department of Environmental Quality and to issue its promissory note or other evidence of such indebtedness; and (c) pledge to repay the obligations of the City from the wastewater/sewer system revenues and other lawfully available funds of the City. The Petition further seeks a declaration that such evidence of indebtedness, when issued pursuant to such authority, will be a valid and binding obligation of the City of Chubbuck, pay- able in accordance with its terms. Interested parties who wish to review the Petition, or any of the documents referred to or incorporated in the Petition, may do so during normal business hours at the office of the City Clerk, Chubbuck City Hall, 5160 Yellowstone Avenue, Chubbuck, Idaho 83202. Anu intRrested Darty may aooear by written appearance or answer to the Petition filed with barma team repackaging Clinton after campaign digs WASHINGTON (AP) -- 17 wasn't too Ione ago than Samek Obame and his edvis. ens were tripping over one anether to tear down Hillary Radii— Chman's foreign policy credentials. She was dismissed as a commander m chief wan—lo, who did lime morn then sip tea and make m sa11 talk with foreign leaV during her days as first lady. "lyhat excd ay is this foreign poG cy experience?" Obama said mockingly of the New 5'ork mitaier. "Was she negotiating tread's? Was she handling crrsePThe answer is on 11 That was in March, when Clinton was Obama's sate remaining riyal fur the Dema erotic presidential nomina. tion - Now, Clinton is on track to be.a Obama's secretary of state. And, unsurprisingly, the sailing at her famign pelhcy credentials is a thing of the P.M. Chance adviser William Daley omen the veekeed said Clinton would be "a tmem - dous addition to this adminla- 7ation-Tretnendocs." Senrar adviser David Axel- rod ceded Clinton a "dcmon- atrably able, tough, brilliant pens last spring, though, Clin- ton u s targeted with a steady Simon of criticism via conference call, '-tort] and campaign -snail digs from the Obama camp. all aimed at shredding her all portrait as an experienced and conAdent leader on the international slag,. Some of el— doing the smphng wili be taking up key positions —mos. Ukely along _with Clinton -- a the new Obamaadmitn aretion Greg Craig, selected e to as White House counsel in the Obama administration, delivered a withering al- iack,dirire the primaries an >a me rxo.c In this Pop. 2e photo, thenpemaorefic pnsidmtTel hopefuls sen. Hatay Rodham Clinton, MY- leH.aid San. Sarack 0bama. D IlL, respond toe question au ring a Democratic presidendel debate In Cleveland. CUnton's claims that she could rightfully shin in the credit to'"" of the foreign policy successes of her husband's prvssidency. "She did not sit in an any National Security Council meetings when she teas first lady," Craig insisted in one conference call. He went on to knock down Cmden a claims to influence in the Northern Ireland pears process, open- ing bocders for mfugeos dur- ing the war in Kasova, and making a dangerous visit to Bemis. "Thereis inreascit to believe .,. that sbe was a key player in foreign policy at any time during the Clutrim ad c - canistration." Craig wrate tin a mpaign memo. Sumn Rice, an Obama ad- viser who could Sand a spot I., the new admimsc-avoc' mocked the idea that Clinton could Iay claret to foreign poli. cy credentials by matriage. "There is na crisis to be dealt with or managed when you are first lady;' Rice sniffed last March. "You don't get that kind of experience by being married to a com- m derinchief." Clinton was only ton happy to make light of Chama's own foreign policy credentials, suggesting his biggest sell- ing point was a 2002 speech against going to war with Iraq. "Many reunite gave speeches against the war then; she said in a February debate. Robert Geibard, an adviser to theObama campaign on foreign policy who worked in the Clinton administration, said tin March that Clinton bad more involvement in foreign policy than a lot of first ladies, but added that "her mle was limited and I've been se, priced - priced at the claims that she had a much greater mle " Well, never mind about all nfthatamv. "That was then; this is now," said David Gergen, who lies sen�ed as an ad - 'is" in bmh Repubtican and fJamoceatie presidents. "Campaigns are ever d[na." Junction LOCALE1a ,inport still missin housesseveral g was confirmed," Dayley said. D,AH01rATFTn ORNA1 COR small businesses v":, DO CATERING CantisnedjmmAl "We just want those who Any Size Event haven't visited Ktnpart Junction to come out and C.P Ewnor loin wnderstanding many have take a look at us," McCurdy 478-20$7 snthat Kinport Junctian hous. said, Pecate0o man. Jon Aar- e ice large business. That's . - nat the case." 1 fi¢ Kinpan Junction is home to A ,may;. } 7 T tv+ - --. - - - the Co-op, Serene Wine Har Ja qN 41.1 C3 & Tapas AI cmi. A Fetish Off the "j-1�.� b"'g�4sR. - -' Old Block, Demes Barren Pi- j l.t., weighs amarmdnelitylas hates and5poii Me Salon&Spa. pounds, has brown shoul- k Each is bdependentlyowned. i "Wo der -length half cod bcawn "They arc all under one umbrella at M,Port Junction �- 7 Warehouse,"MCCurAy said. 1� TheCo-oD has k56 m _ be, Int fewer than 30 per- .dogs and frequented the cent of those are patimmoung McDonald's restaurant the store regularly. across from the Idaho "The last I heard, we had 14q who shop here tend s,"McCurdysaid. ..at of Burley. That was his To help expose Kinpott dunctian to the . it,, the &45/ 6 shopping censer alien hoseevents such as the Christmas According to family "Generally speaking;' Gergen said, "there i a recognition that c paigns bring it certain terniaml of hyperbole, and when it's over you try to find the most talented peo- ple you can find to work with you." Clinton may not have been at the table when her husband made the big decisions, Gergen said, but "she's been imbibing gtrestions on foreign policy and decision-making since 1992 " A spokesperson far the Ohara transition team declined to cammem on the shift in time. It also shoWd be said that same of the wounds to Clinton's foreign policy credentials during the pri- maries were self-hnflined, most famously her Mated aumals nt of the drama —a. ciated with a visit she made to Bosida. SUNDAY. NOVEMBER 30, 2( Police: Elle died about the same time he disappeared CommuedinumA2 Pocatello man ^An autopsy was per- still missin formed today and his identity g was confirmed," Dayley said. "The reason We didn't release BYJDURM STAFF this information earlier is POCATELUD —AI - that we w waiting far a ,bough Eric Elle was positivstdentification." found on Friday, another Elie, a state motor vehicle Pecate0o man. Jon Aar- rnsp'cton was first reported rett, remains missing_ sling late as Sept. 8 and a Barratt. b8, disap- massive search far the man peered oa Nov. 4. He began the following day- it weighs amarmdnelitylas included theuse of search pounds, has brown shoul- planes. patrols of back mads der -length half cod bcawn and the use of roadsido clec- eyes. ,tacit signs asking travelers He was often seen walk - lo help in the hunt. Ing around town with hit it was assumed by officials .dogs and frequented the that whatever kept Elle from McDonald's restaurant returning home occurred across from the Idaho along I-86189 somewhere State ilmvenrty campus ..at of Burley. That was his on Ftihh Avenue and io®t last known posidon as of thrift 5tords- 2:2D p.m. on Sept. 8. According to family Ry Sept 12, the search for trembers.l3anandoesmm Elle was expanded tamclude have say major medical additianalsearch plages F -in problems and anhistory the .. Air Patrol- As many of leaving town without as seven planes were involved aellireanyoae. in the search- IDT even cre- ated a web site and offered 55.000 for iofarmation lead. "We are pretty ell con - ire to @dle'ssafe return. vinced it was a self-inflicted His family consulted a local wound, but ht's still being in - psychic at one point early in the search. The family friend vestigated," he said "within the week. we should be able to who offered her services said give some additionai details." Elle mos I. the desert art,- Dayley said the inveauga- west or Rupert and that he lion is still ongoing and scar. had likely died atter suffering Brat tests and reports need S. strcke that caused him to go to be completed. After that, off the road and crash his car. additional details may be Dayley sold Saturday that it released. The investigation is appears Elle likely died about the time he went missing and the joint effort of the Power County Sheriffs Office, the decii tied to give any further Idaho State Police and the details, including whether a Pocatello Police Department - note was found at the scene Members of Elle's fam- and the weapon that nos ily declined Saturday to talk used. .hour his du—'ry MICHAEL C- MOORE, ISB 51188 STEPHANIE J. BONNEY, ISIS 58037 MOORE SMITH BUXTON & TURCKE, CHARTERED 950 W. Bannock Street, Suite 520 Boise, Idaho 63702 Telaphane:(20B) 391-1800 Facsimile: (208) 331-12D2 e-mail: sjh9emshllaw.cono THOMAS J. HOLMES, ISB 02448 JO NES, CHARTERED Chubbuck City Attumey 203 South Ginield P.O. Box 867 Pocatello. Idaho 63204,0967 Telephone: (208) 232.5871 Facsimile: (208) 2325962 e-mail: [holmesid�aofcom Attorneys for Petitioner 1N THE DISTRICT COURT DF THE SIXTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BANNOCK In re: 1 Case No. CO2008-9421-OC THE CITY OF GtHUBBUCK, I NOTICE OF FILING an Idaho municipal j OF PETITION FOR corporation, ) JUDICIAL CONFIRMATION Petltlanac I NOTICE IS HEREBY GIVEN that the City of 6huhbuck, Bannock County, Idaho (the has petitioned, pursuant to Idaho Code § 7-1301, et. ss lot judicial confumatian of the validity on. tin^, aiu±cn is on track ro recon! Obarna's secretary of .ate, And, unsurprisingly, tho sniping at her foreign Policy re cdemials is a thing of the past. 06ama adviser William Daley over the weekend said Clinton would be "a teemen- doas additun to this admime- tratian.Tremendws 5enj adviser David Axe1- md called ciii a "demon- "'.1ly able, roagh, brilliant person." last spring. though, :"ma Snn was targeted with a ready stunt of criticism via conference roll, a -mall and campaign -trail digs from the Obema camp, all suned at shreddine her self-portrait as V experienced and confident loader on the international stage. Some of rhoae doing the Sniping win no taking up trey positions — most likely -Song with Clinton -- in the new Obama administration. Oreff Craig. selected to serve as v: nice Hnnse counsel I. the 01administration, delivered s withering at- tack uu— die primaries on In Phis Feb. 26 photo, theu-Nm ratrc preslasntial heatiols Sen. iiittery 8edham Gunton.DN.Y., left, a -d Seu earack planes, Nil, respond to a question daring a l smrcidi, postdeatiai debate in Clinton. , claims that see could Yiginielly Share do me credit fnr same of the Foreign policy successes of her busband's presadency- ,he did not sit in on any hrauonal security, Celli meetings when she lues fast lady." Craig insisted in one conferencecall. He went on to knock dawn Clanton s ctalms to antivence in the Northern Ireland peace proi open- ing borders For refugees del ing the war in K..". and making a dangerous visit to 'Ther. is ri Tha r n 40 believe . that she 'bas a key player in foreign policy at any time during the Clinton ad- cohistrenon"[tato amain z campaign memo Susan Rice, an Obama ad� viser who could land -'get r. rhe new admiresiracion. n•.ocked the idea that Clition could jay claitn to foreign poli- cycredentials by m-leiage- "Ib"s is no crisis to be deal ,it. ar managed when you are beer lady," Riee 'net d last March. "von don", per char kind of re -P ieece by being married to a com- mander ie cheef." Clinton was only too happy W make light of Obama's men foreign policy credentials, suggesting his biggest sell- ing point was a 2002 breech in agast going to war with Fraq. "Many people gave speeches against the war [ben,' she said in a Februazy debate. Rob arr Gelbsrd, an adviser to the "' no campaign on foreign policy who wocked In the Clinton adminisn'd-i", said in .m.i that Clinton had olvenent in foreign polirnvcythan a lot of fa ladies, but added Char "her rale was limited and I've been Man' hadad.1 Joe, etainn.. that she muchgre greater Well, never nerd ai:out all orthatra'N. "That ,as them this e now;' said David G,, en, who bas served as an ad- efser to both Republic- a- - Demaeratic Pres-.dems- Camcaigns are ever thus.` >`iyn� [port Junction �SPORTS housesseveral 11 nN STAiEIOURN 1 -colic small businesses Continued fromAl misunderstanding many have is that Kiaperl Junction hous- es ane large business. That's not the case.' Kinpon Junction is home to the Co-op, Sen -he Wine Bar h TIP" Bis Vo. A Ftish DfT the Did Black, James BBrYen Pi- lates and spout Me Salon S Spa. Each is independently owned, "They are ail under one nmhrefla al Xilei Junction Warehouse;' McCurdy said. The Co-op has 850 m bers, but fewer than JO per cent of those are patronizing the stere regularly - "The ]est I heard, are had 240 oho shop here Consis- tently," McCurdy said. To helpexpose KinPart Junction to [he public, the shopping center Ren bests vents, such as not Christmas at Kinpaa Junction event on Friday and Saturday. They have also hosted craft fairs in the past and are scheduled or hast another con Dec- 7- Ttte ?lame -Grown, Home Made Christmas -t The Po- careilo Co -up will include jewelry, hand -made heifday cards, otd-fashioned house oian[s, ssmi and coffee tasting, among other treats. Those interested in more Information about a [Pop embership can call 232- 2I8 I. or Cheek out Kinpon Junction's lv'eb site at wwYw' kinportjuncture-rain. Kinaorl. Juntuon wa,ehouse. lasted at 815 S. First Ave-. houses five different businesses. Includingihe PScil Co- op, Senaug rescaorant end A Fish Off the Old 111-11 ftH0}lday tsele i5` - sneu—.lusIssui PPb' 334 N. R1ain . s179-9181 M Flu.. 6p+n:9nt. W 5 WE p0 CATERING ` �— Any Size 4venf 'Esta 1 Collew" _, jo,res o a78-2057 "Generally speaking," Gerken said, "There is recognition thal cam- pzigns bring a certain amount of hyperbole, and when it's avec you try to ftnd the most talented peo- ple you can find m uvrk with tau.' Clinton may nm hzve been hum the I -Ii "hen her sband made the big decisions, Gergen said, but "she been imbibing acrd t'islo rrodd g 5 rice 1992." A sOdkespem n for the O'oa:na transition team declined to comment on the shift in tone - it also should be said the' wou same of the nds to [union's foreign policy credentials during the Fri - maces were self-inflicted, most famously her inflated account of the drama asso- blared with a visit she made m Bosnia. along 1-86189 somewhere east of Chrtey. That was his Last known position as of 220pm on5e1tit-8. sy Sept. 12, the search for e. Kill was P ended to include additional search planes from the Civd Air Yal oL As many as seven planes. reen in the search- IDT tvohed een cre- ated a Web site and offered SS,Ooe far information lead- ing to Elle's safe return Rib la:nils' consulted '"'I' psychic al one point sant, in the search. The family friend •ha offered her services said Elle was in the desert nor[h- vest of Rupert and that be had likely died after sufferiog -stroke :ad caused him -go oft the road and crash his car. Daytey said Saturday that it appears Elle likely died about the time he .vent missing and declined ±a Fire any Further details, including whether a nose was found at the scene and the weapon that ups used. MiCHAEL C. MOORE, ISB =11 B8 STEPHANIE J- BDNNEY, IBB a 6C37 MCDRE "SMITH BUXTON 3 TURCKE, CHARTERED 9501N. Bannock Street, Suite 52D Boise. Idaho 33702 Telephone: (208) 331-1806 1 1 1 s}mit,:(209) 331.1202 e-mail'. sjbomshtlaw.cmn THOMAS J. HOLMES, ISB'-2448 JDNES, CHARTERED Chuhiwck City Attorney 203 South Garfield P.O, Box 967 Pocatello, Idaho 83204-096 Telephone: (208) 232-5911 Facsimile: (208) 232.5962 e-mail iholmesid@e Lcom Attorneys for Petitioner State Uri Campus on Fifth Avenue and total tnriftstores - Acweding to family bembery major mei not have ant' major medical problems and no history of leaving tour. milrout tenting anyone - "We are prem• well can- vincedit was a self-inFlicted u 'unit, bur it's bull being in- restigatsd;' he said- "Within the week, we shovidbe able to give some additional details." Daygey said the investigate tion is still ongoing and sev- eral tss and capons need to be completed. After that, additional details real, be rcieased. The investigation fs the joint effort of the Power County Sheriffs Office, die Idaho State Police and the Pocatello Police Department. Members of Erie's fam- ily declined 5Murday to talk about his diswve Y IN THE DI$TRICT COURT OF THE SIXTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BARN ICK Into ) Case No. CV2008-4421-OC THE CITY OF CHUBBUCK. ) NOTICE OF FILING an Idaho mo"icipi ) OF PETITION FOR corporation. 1 JUDICIAL CONFIRMATICN 1i NOTICE IS HFRFBY GIVEN that the City of Chilli Bannock County, Idaho (the "Gay"). has petitioned, pursuant to Idaho Cade § 7-1301, ot. � for lodicial co+rfirmation of the vali1a of a certain proposed loan cbiigalicn and related matters to he incurred by the City. The Peliljon seeks confilmalion of the validity of the power and authority of the City of Chubbuck, Idaho. to: (a) incur an indebtedness in a principal amount+rot to exceed 59,883.000 for the financing al the cast of certain services and improvements for the City's existing waste- waterlsewer collection and treatment system as an "nrdinary and necessary expense' within the meaning of Article 8, Section 3, Idaho Ccnslifl ion; (b) enterInca a certain loan agreement with the Stale of Idaho, Department of Environmental Quality and to issue its promissory note or otherevidence of such indehted"ess; and (c) pledge to repay the obligati005 of eke City from the waslewaler/sewer system revenues and other ia'wfully available funds of the City. The pelidon turthef seeks a declaration that such evidence or indebtedness, when issued pursuant to such authority, will he a valid and binding obligation ul the City of Chnh ruck, pay- able j" accordance with its terms. Interested parties who wish to review the PeGlinn, or any of the documents referred to of Incorporated tp the Petition, may do se during "Donal business hours at the office of the City Clerk, Chubbuck City Hall, 5160 Yeilowstone Avenue. ChObbllck, kiaho 83202. Any interested party may appear by written appearance of answer to She Petition tiled with the Clerk of the above -entitled Court at any lime prior to the date set for hearing on the Peldion, which has been sal for the 15111 day of December, 2008. at 1:30 O'clock PM., or as soon [here- after as ilia matter may be heard, of the court mom nl the above -entitled Court, at the Bannock Count, Courlhops4 District Courtroom No. 301624 F. Centel. Pocatello, Idaho, DATED this 71h day of November. 2008 CLERK OF THE DISTRICT COURT +J Kath Smith Kathy Smith, Deputy Clerk PROOF OF PUBLICATION STATE OF IDAHO County of Bannock LN KAREN MASON being first duly sworn on oath deposes and says: that SHE was at all times herein mention a citizen of the United States of America more than 21 years of age, and the Principal Clerk of the Idaho State Journal, a daily newspaper, printed and published at Pocatello, Bannock County, Idaho and having a general circulation therein. That the document or notice, a true copy of which is attached, was published in the said IDAHO STATE JOURNAL, on the following dates, to -wit: Nov 16 2008 2008 Nov -23 2008 2008 Nov -30 2008 2008 2008 2008 That said paper has been continuously and uninterruptedly published in said County for a period of seventy-eight weeks prior to the publication of said notice of advertisement and is a newspap r within the meaning of the laws of Idaho. �Q n 1 � STATE OF IDAHO COUNTY OF BANNOCK On this 1 I of Dec in the year of 2008, before me, a Notary Public, personally appeared KAREN MASON Known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledge to me that he executed the same. S Notary of Public V LORI OAu1E Residing at Pocatello Exp.11113 • NOTARY pUBLIC