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