HomeMy WebLinkAbout2008-007 Notice of Public HearingR
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RESOLUTION NO. 7 -2008
A RESOLUTION ESTABLISHING THE DATE, TIME AND PLACE OF A PUBLIC
HEARING TO CONSIDER WHETHER THE CITY COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO, SHOULD ADOPT A RESOLUTION AUTHORIZING THE FILING
OF A PETITION FOR JUDICIAL CONFIRMATION UNDER TITLE 7, CHAPTER 13 OF
IDAHO CODE; APPROVING A FORM OF NOTICE OF HEARING AND DIRECTING THE
PUBLICATION THEREOF; PROVIDING FOR NOTICE BY MAIL TO ANY PERSON
REQUESTING SUCH NOTICE; AND PROVIDING AN EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF CIIUBBUCK,
IDAHO, as follows:
Section 1: A public hearing before the City Council of the City of Chubbuck,
Bannock County, Idaho (the "City"), is hereby called for Tuesday, the 23rd day of September,
2008, at 7:30 p.m., or as soon thereafter as the matter may be heard, at the City Council meeting
room at the Chubbuck City Hall, 5160 Yellowstone, Chubbuck, Idaho, for the purpose of
considering the adoption by the City Council of a resolution authorizing the filing of a petition
for judicial confirmation under the Idaho Judicial Confirmation Law, Title 7, Chapter 13, Idaho
Code, seeking judicial confirmation of the authority of the City (1) to incur an indebtedness as an
"ordinary and necessary expense" of the City authorized by the general laws of the state within
the meaning of Article 8, Section 3 of the Idaho Constitution, in a principal amount not to exceed
$9,883,000 for the purpose of financing the cost of improvements to its public sewer system; (2)
to enter into a loan agreement and to issue its promissory note or other evidence of indebtedness
for the same; and (3) to pledge the net revenues of its sewer system (gross revenues less cost of
operation and maintenance) for the payment of such indebtedness.
Section 2: Notice of the public hearing, substantially in the form which is annexed
hereto as Exhibit "A ", shall be published once in the official newspaper of the City, at least
fifteen (15) days prior to the public hearing, in the manner required by Section 7 -1304, Idaho
Code.
Section 3: In accordance with Section 7- 1304(3), Idaho Code, as amended, a copy of
the notice of public hearing shall be sent by certified mail, at least fourteen (14) days before the
public hearing, by the City Clerk to all persons who request, in writing, a copy of notice of
meetings of the City Council at which a public hearing will be held to consider a resolution or
ordinance authorizing the filing of a petition for judicial confirmation. If a request for notice is
received within fourteen (14) days of the public hearing, the City Clerk shall send a copy of the
notice by certified mail as soon as possible after the receipt of such request.
Section 4: This resolution shall take effect and be in force from and after its passage
and approval.
RESOLUTION - Page 1
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DATED this 26 day AUGUST', 2008.
ATTEST:
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Ron Conlin, City Clerk
RESOLUTION - Page 2
chubbuck081908. res o1ution. wpd
CITY OF CHUBBUCK
Bannock County, Idaho
B Zy England, -
Mayor
CITY OF CHUBBUCK
NOTICE OF HEARING TO CONSIDER A
RESOLUTION AUTHORIZING THE
FILING OF A PETITION FOR JUDICIAL
CONFIRMATION UNDER THE IDAHO
JUDICIAL CONFIRMATION LAW
NOTICE IS HEREBY GIVEN that on Tuesday, the 23" day of September, 2008, at
7:30 o'clock p.m., or as soon thereafter as the matter may be heard, at the City Council meeting
room at the Chubbuck City Hall, 5160 Yellowstone, Chubbuck, Idaho, the City Council of the
City of Chubbuck, Idaho (the "City'), will conduct a public hearing to ;;onsid:,r the adoption. of a
resolution authorizing the filing of a petition for judicial confirmation under the Idaho Judicial
Confirmation Law, Title 7, Chapter 13, Idaho Code.
The proposed petition would seek judicial confirmation of the power of the City (1) to
incur an indebtedness as an "ordinary and necessary expense" of the City authorized by the
general laws of the State, within the meaning of Article 8, Section 3, of the Idaho Constitution, in
a principal amount not to exceed $9,883,000, for public sewer system improvements; (2) to enter
into a loan agreement and to issue its promissory note or other evidence of indebtedness of the
City for the same, for purposes of financing the cost of necessary improvements to the public
sewer system of the City; and (3) to pledge the City's sewer system revenues for the payment of
such indebtedness for a term of not more than twenty (20) years.
Information relating to the proposed petition and financing is available at the office of the
City Clerk, Chubbuck City Hall, 5160 Yellowstone, Chubbuck, Idaho, during normal business
hours of the City. Interest persons are encouraged to attend the public hearing and to present
comments. Comments may also be submitted in writing to the Mayor and Council, City of
Chubbuck, 5160 Yellowstone, Chubbuck, Idaho 83202.
DATED the 27 t day of August, 2008.
CITY OF CHUBBUCK
Bannock County, Idaho
4 1
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By: Ron Conlin
City Clerk
EXHIBIT "A"
RESOLUTION - Page 3
chubbuck081908. resolution. wpd