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HomeMy WebLinkAbout2005-002 Water Treatment Facility ProjectRESOLUTION NO. 2-2005 A RESOLUTION DECLARING THE NEED TO REHABILITATE THE EXISTING PARTIALLY BURIED CONCRETE WATER STORAGE RESERVOIR; PRESCRIBING A LOAN AGREEMENT AND PROMISSORY NOTE WITH THE IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY AND RELATED DOCUMENTS AS THE MOST SUITABLE MANNER FOR SECURING THE ACQUISITION AND CONSTRUCTION AND FOR FINANCING OF SAID WATER TREATMENT FACILITIES IMPROVEMENTS; AUTHORIZING THE FILING OF JUDICIAL CONFIRMATION PROCEEDINGS; DIRECTING THE PUBLIC WORKS DIRECTOR AND CITY ATTORNEY TO PROCEED WITH SAID WATER TREATMENT FACILITIES IMPROVEMENT PROJECT AND FINANCING THEREOF AND WITH THE FILING OF JUDICIAL CONFIRMATION PROCEEDINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Public Works Director has recommended and determined that it is necessary for the City to rehabilitate the existing partially buried cement water storage reservoir (the "Project"), and that this Project will enable the City (a) to continue to provide safe drinking water and fire flow; (b) to continue to have its water treatment system meet applicable state and federal safe drinking water standards and requirements and fire flow, and (c) to protect the general public health and welfare of the City in an improved manner; and WHEREAS, the City Public Works Director has recommended that this Project proceed and that it be acquired and constructed to meet the above needs and requirements; and WHEREAS, the City Public Works Director has recommended that the financing, acquisition and construction of said Project be accomplished by a Loan Agreement with the Idaho Department of Environmental Quality ("DEQ) (the "Agreement") with a promissory note, and related documents, and that prior to entering into the Agreement and the other documents, the City should obtain judicial confirmation of its power and authority to enter into said Agreement under Title 7, Chapter 13, Idaho Code; and WHEREAS, the City, on March 8, 2005, held a heating concerning the Project and the City's consideration of filing a petition for judicial confirmation as required by Section 7-1304, Idaho Code, as amended, after fifteen (15) days notice thereof published in The Idaho State Journal and notice to any individuals requesting it pursuant to Sections 7-1304 and 7-1306, Idaho Code, as amended, and at said hearing any opposing testimony was received and considered, and at least fourteen (14) days have passed since the date of said hearing. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: RESOLUTION - PAGE 1 J52005Web 05~chubbuck020805.res.wpd Section 1. Section 2. Section 3. Section 4. Section 5. That the rehabilitation Project and financing of the Project are both ordinary and necessary in order to continue to provide safe water facilities, fire flow and public health needs and requirements of the City. That proceeding with the Project and financing of the Project in order to meet said requirements are hereby directed and authorized. That the Agreement and related documents are hereby approved and authorized as the manner and method to finance the acquisition and construction of the Project, subject to the judicial confirmation of the City's authority to enter into said Agreement, and the filing of such proceedings under Title 7, Chapter 13, Idaho Code is hereby authorized. That the Public Works Director and the City Attorney are hereby directed to proceed with the acquisition and construction of the Project as provided herein and to proceed with the filing of the judicial confirmation proceedings authorized herein. That this Resolution shall be in full force and effect from and after its passage and approval. PASSED and approved by the Council and approved by the tqa¥~> r of the City of Chubbuck, Idaho, this 2 2~qr)day of March, 2005. ATTEST: Ron Conlin, CITY CLERK / John O. C~tant, MAYOR RESOLUTION - PAGE 2 J52005~Feb 05\chubbuck020805 .res.wpd