05.07.2020CouncilAgendaPacket
AMMON CITY COUNCIL MEETING
THURSDAY, MAY 7, 2020 7:00 P.M.
2135 SOUTH AMMON ROAD
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AGENDA
A.CALL TO ORDER: Mayor Sean Coletti at 7:00 p.m.
Pledge of Allegiance Councilmember Thompson
Prayer Councilmember Wessel
B.CONSENT AGENDA:
1.Accounts Payable Report: Exhibit A
2.Minutes:
i.April 16, Regular Meeting
C.PROCLAMATIONS AND ANNOUNCEMENTS
Support Local Ammon Businesses Week
D.PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit)
E.PUBLIC HEARINGS: 2020-015 Bonneville County Fire District
F.ACTION ITEMS:
1.Conditional Use Permit Extension Hillcrest High School for Modular Classrooms (Cindy Donovan, City Planner)
2.Conditional Use Permit Rimrock Elementary School for Modular Classrooms (Cindy Donovan, City Planner)
3.Conditional Use Permit Extension Woodland Hills Elementary School for Modular Classrooms (Cindy Donovan, City Planner)
4.Variance Request Leask (Cindy Donovan, City Planner)
5.Final Plat Ammon Park Center Division 3 (Cindy Donovan, City Planner)
6.Development Agreement Deer Valley Subdivision (Cindy Donovan, City Planner)
7.Final Plat Deer Valley Subdivision (Cindy Donovan, City Planner)
8.Development Agreement South Commercial Park (Cindy Donovan, City Planner)
9.Final Plat South Commercial Park (Cindy Donovan, City Planner)
10.Ordinance 636 and Summary Parameters for Financing of 2012 Water Bond (Micah Austin, City Administrator)
G.DISCUSSION ITEMS:
1.Staff Reports
i.Bonneville County Unified Command Update
ii.Recreation Activities and Ammon Pool
iii.Ammon Days 2020
2.City Council Reports
3.
H.EXECUTIVE SESSION:
1.Real Property Acquisition Idaho Code 74-206 (1) (c)
I.ACTION ITEM:
th
1.Purchase of Real Property at Intersection of Ammon Rd and 49 St to Expand Woodland Hills Park
J.ADJOURN
INDIVIDUALS NEEDING ACCOMODATION DUE TO DISABILITY MUST CONTACT CITY HALL NO
Next Resolution Number: 2020-006R
Ammon City Council 05/05/2020Page 1 of 136
LATER THAN 1:00 P.M. THE DAY BEFORE THE SCHEDULED MEETING TO ARRANGE ASSISTANCE
Next Ordinance Number: 636
AMMON CITY COUNCIL MEETING
THURSDAY, APRIL 16, 2020 7:00 P.M.
2135 SOUTH AMMON ROAD
AGENDA
A.CALL TO ORDER: Mayor Sean Coletti at 7:00 p.m.
Pledge of Allegiance Councilmember Wessel
Prayer Councilmember Wiscombe
B.CONSENT AGENDA:
1.Accounts Payable Report: Exhibit A
2.Minutes:
i.April 2, Regular Meeting
ii.April 9, Work Session
C.PROCLAMATIONS AND ANNOUNCEMENTS
D.PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit)
E.PUBLIC HEARINGS:
F.ACTION ITEMS:
1.Meter Vault Installation Contract Award (Tracy Bono, City Engineer)
2.Ordinance 635 and Summary Pressurized Irrigation Ordinance (Micah Austin, City Administrator)
3.Pressurized Irrigation Standards (Micah Austin, City Administrator)
4.Final Plat Approval of Final Plat for Southeastern Subdivision (Cindy Donovan, City Planner)
5.Emergency Declaration Extension
G.DISCUSSION ITEMS:
1.Staff Reports
i.Bonneville County Unified Command Update
2.City Council Reports
3.
H.EXECUTIVE SESSION:
I.ADJOURN
MINUTES
City Officials Present: Mayor Sean Coletti (via Zoom)
Council President Russell Slack (via Zoom)
Councilmember Rex Thompson (via Zoom)
Councilmember Scott Wessel (in person)
Councilmember Craig Tibbitts (via Zoom)
Councilmember Josh Wheeler (via Zoom)
City Attorney Scott Hall (in person)
City Administrator Micah Austin (in person)
City Planner Cindy Donovan (via Zoom)
Fire Chief Stacy Hyde (via Zoom)
Finance Director Jennifer Belfield (via Zoom)
Bruce Patterson (via Zoom)
Tracy Bono (via Zoom)
Charles Allen (via Zoom)
City Clerk Kristina Buchan (in person)
City Officials Absent: Councilmember Byron Wiscombe
Ammon City Council 05/05/2020Page 2 of 136
A.CALL TO ORDER: Mayor Coletti opened the meeting at 7:00 p.m. at the Ammon City Hall building located
at 2135 South Ammon Road, the meeting was conducted via a Zoom conference call. Council Member
Wessel led the Pledge of Allegiance and Council President Slack offered a prayer.
B.CONSENT AGENDA:
a.Accounts Payable Report: Exhibit A
b.Minutes:
i.April 2, Regular Meeting
ii.April 9, Special Session
Council discussed specifics within the Accounts Payable report, staff reviewed details of individual
purchases in question.
It was moved by Council Member Tibbitts and seconded by Council Member Slack to approve the
consent agenda. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ
C.PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (5-minute limit)
There was no public comment
D.ACTION ITEMS:
a.Meter Vault Installation Contract Award (Tracy Bono, City Engineer)
City Engineer Tracy Bono updated Council on the information related to the contract award.
Bono detailed the issues related to the bid, the low bid did not meet the standards put forth in
the request for bid and was excluded from the process, the next lowest bid was awarded. The
contract would finish a portion of the final installs in phase one of the installation plan. Council
discussed the remaining areas needing to be metered and estimated percent of completed
installation. The City Council finds the low bid by Knife River to be a non-responsive bid and
therefore reject it. Knife River was given notification both verbally and in writing that their bid
was non-responsive and Knife River was given the opportunity to protest the same either in
writing or before the City Council. Knife River has failed to challenge the finding that their bid was
non-responsive either in writing or by presentation before the City Council.
It was moved by Council Member Tibbitts and seconded by Council Member Wessel that Based on the
foregoing, to award the bid for the Meter Vault Installation project to the next low bid which was 3H in
the amount of $74,885.00, and authorize the mayor to sign the contract. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ
ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ
b.Ordinance 635 and Summary Pressurized Irrigation Ordinance (Micah Austin, City Administrator)
City Administrator Micah Austin reviewed the background of the Ordinance and the specific
aspects of the ordinance. Austin noted in particular the addition of language allowing exemptions
in specific situations, specifically to areas not serviced by City of Ammon water. Council discussed
the implications of the exemption and how it might be implemented. **with addition of language
It was moved by Council Member Tibbitts and seconded by Council Member Wessel that the City
Council dispense with the rule requiring the reading of the ordinance on three different days and that
the three readings be waived. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ
It was moved by Council Member Tibbitts and seconded by Council President Slack to adopt of
ordinance No. 635 and Summary as an ordinance of the City of Ammon on its third and final reading
with the addition of language regarding ground water rights. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ
Ʃƚƌƌ ĭğƌƌ
Ammon City Council 05/05/2020Page 3 of 136
c.Pressurized Irrigation Standards (Micah Austin, City Administrator)
Austin reviewed the proposed standards for Council
It was moved by Council President Slack and seconded by Council Member Wessel to adopt the
Pressurized Irrigation Standards dated January 2020 as prepared by Keller Associates dated January
2020. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ
d.Final Plat Approval of Final Plat for Southeastern Subdivision (Cindy Donovan, City Planner)
City Planner, Cindy Donovan reviewed the details of the Final Plat for the Southeastern
Subdivision for Council. Council discussed the specifics of the plat and its impact on surrounding
properties.
Recommendation
- Staff recommends: approval
Summary of Analysis
- Parcel will be built out as commercial along 25th East (Hitt Road) and R3-A east of the
commercial
- Property annexed in 2005
- Preliminary Plat approved in June 2018 by Planning and Zoning, September, 2018 by City
Council
- R3-A zone allows for 20 units per acre, would allow for 288 units, building 130 units
- Development Agreement recorded on December 21, 2017, will need to be amended to include
fiber installation
Parcel Characteristics
- Current zoning: HC-1 and R3-A
- Total acreage: 18.88 acres, HC-1 = 4.44 acres, R3-A = 14.44 acres
- Units per acre: HC-1 = 1.13/acre, R3-A = 9.0/acre
- Lots: HC-1 = 5 lots, R3-A = 27 lots with a total of 130 units, this zone would allow for 288 units
- Interior roads will be maintained as private roads
- Commodore and Razorback will need to be named the same, Crimson Tide will need to be
changed for emergency services purposes
- Development Agreement includes the following special conditions:
8 foot high by 12 foot length panels with pillars concrete fence will be installed on the east
property line for the entire length of the property similar to wall installed at Sandcreek
Commons.
That the boundary of this property abutting single family detached residential zoning have a
- Property is located north of 49th South (Township), east of South 25th East (Hitt Road), south of
Judy Street, west of Wackerli Avenue.
- Development will allow for connection from north to south as properties build out
- Request being presented by Blake Jolley, Connect Engineering
- Approval of final plat showing commercial and residential lots
Planning and Zoning
- Presented to Commission on April 1, 2020
- Commission recommended approval subject to technical review
Compliance with Zoning Ordinance
- 10-21-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The HC-1 Highway Commercial
Zone has been established as a district in which the primary use of the land is for retail stores and
service establishments to serve the traveling public. This zone is usually located at specific
locations along arterial roadways throughout the City, and is characterized by buildings set back
from the right-of-way line and having a wide variety of architectural forms and shapes.
Ammon City Council 05/05/2020Page 4 of 136
The objectives in establishing this zone are:
(A) To encourage the development and continued use of the land within the zone for business
purposes.
(B) To promote safety on the roadways.
(C) To maintain maximum use of high right-of-way for travel purposes.
(D) To prohibit uses which tend to prevent the continued use and development of the land within
the zone for its primary purpose.
- 10-18-1: GENERAL OBJECTIVES AND CHARACTERISTICS OF ZONE: The objective in establishing
the R3-A Residence Zone is to establish an area within the City in which the primary use of the
land is for residential purposes. Characteristic of this zone is a greater density and a wider variety
of dwelling types and uses than other residential zones. The R3-A Zone is essentially residential in
character; therefore, all uses must be developed and maintained in harmony with residential
uses attractive lawns, shrubs, trees, both on the street and around the buildings, is also
characteristic of this zone. This zone falls under the high density designation, no more than
twenty (20) dwelling units shall be permitted per acre.
Compliance with Subdivision Ordinance
- Title 10 Chapter 29 Section 8 this section details the requirements of a final plat
It was moved by Council Member Wessel and seconded by Council Member Wheeler to approve the
Southeastern Final Plat, finding it is in compliance with the Comprehensive Plan and meets the City
ordinance, subject to technical review. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ
e.Emergency Declaration Extension
Mayor Coletti reviewed his request to extend the emergency declaration. Coletti reminded
Council that the declaration was not tied to any stay-home orders in place on the state level and
was instead tied to funding reimbursements once the pandemic is over. Coletti and Austin
reviewed precautions taken by employees currently and how work has been happening during
the current declaration. Coletti also noted that this extension would coincide with similar orders
from the county and other cities. Coletti and Austin reviewed the pay structure proposed for
employees, recommending that current pay structures be maintained.
It was moved by Council Member Tibbitts and seconded by Council Member Wessel to extend the
Ammon Emergency Declaration for 30 days. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ
E.DISCUSSION ITEMS:
a.Staff Reports
i.Bonneville County Unified Command Update
Fire Chief Stacy Hyde reviewed actions coming from the Unified Command, meetings
have decreased as time has gone on. City Clerk, Kristina Buchan also updated Council on
the status of the JIC and messaging. Austin reviewed the items Department Heads had
said were going well during the stay-home order.
ii.Bonneville County Fire District Update
Hyde reviewed the updates regarding a transition to the District and the next steps
toward informing residents about the change. Austin and Hyde also discussed transition
of property with recommendation to lease items after further consideration by Council.
iii.Master Canal Pathway
Austin reviewed a proposed agreement for canal pathways throughout the City. The
proposal will be brought back for final review as it is developed. The plan could then be
implemented on a case by case basis as developments move forward.
b.City Council Reports
c.
i.EIRWWA Update
Ammon City Council 05/05/2020Page 5 of 136
Mayor Coletti updated Council on the latest meetings happening between EIRWWA and
DEQ on upcoming projects to maintain and update the system and plant.
F.ADJOURN: The meeting was adjourned at 9:34pm
__________________________________
Sean Coletti, Mayor
_____________________________
Kristina Buchan, City Clerk
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BMPO Access Management Plan July 2012
Residential Collectors and Local Streets
For residential collectors and local streets, driveways are allowed for all land uses. There is
no minimum spacing for minor intersections along residential collectors and local streets.
Access should be limited to one driveway for each tract of property separately owned.
Properties contiguous to each other and owned by the same person are considered to be one
tract.
4.5 Median Openings
Median openings refer to locations where left-turning traffic or U-turns are allowed. Median
openings are provided at all signalized at-grade intersections. They are also generally
provided at unsignalized intersections of arterial and collector streets. They may be provided
at driveways, where they will have minimum impact on roadway flow.
Median openings should be outside the functional area of the signalized intersections (see
Section 4.3.1). The minimum spacing of median openings on strategic arterials is 660 feet.
Median openings on strategic arterials may be limited to a directional opening, not allowing
left turning traffic from the minor street.
4.6 Roundabouts
Roundabouts work well in coordination with formal access management facilities such as
raised medians. Figure 6 shows an example of how a roundabout is used to facilitate U-turns
where left-turns are generally prohibited. Using roundabouts in this manner can increase the
capacity of the roadway without corridor widening.
Roundabouts should be considered the same as signalized intersections in the context of
access spacing guidelines on arterials.
Source: City of Port Townsend, WA
Figure 6. Example of Access Management near Roundabouts
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BMPO Access Management Plan July 2012
4.7 Summary of Access Control at Driveways
This section summarizes criteria for access control as they apply to individual developments,
typically in the form of driveways (minor intersections). Typical access control requirements
for strategic arterials, principal arterials, minor arterials, and major collectors are provided as
follows:
1) No driveway access should be allowed for any residential lot.
2) Driveways should be outside the functional area of major intersections (see
Section 4.3.1).
3) Unless otherwise approved by governmental agency's representative, access should
be limited to one driveway for each tract of property separately owned. Properties
contiguous to each other and owned by the same person are considered to be one
tract.
4) Driveways giving direct access may be denied if alternate access is available.
5) When necessary for the safe and efficient movement of traffic, access points may be
required to be designed for right turns in and out only.
6) When approved, or directed by governmental agency's representative, a driveway
access design may be a "street type intersection" with curb returns.
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Copyright Sundance Drafting & Design 2018
Leask Residence
Homecrafters
drafting & design
Sundance
208.524.2880
LAN.COM P OUSE AH EED N
PERMIT SET
Jon & Katie Leask
1761 Sage Hen Lane
Ammon, ID 83401
Dear City of Ammon Zoning and Planning Commission,
Per the protocol set out by Cindy Donovan, my wife and I would like to have this letter submitted as
testimony on our behalf so it may be reviewed by the Zoning and Planning Commission as well as the
City Council. We request that the City of Ammon allow for a variance to the current law regarding
driveways having more than one entrance. We feel that our request for a variance is fair and valid since
so many of our neighbors in the Quail Ridge subdivision already have driveways with multiple entrances.
We would like to keep our home in line with the aesthetic of the neighborhood as well as maintain the
value of the property. Many of our neighbors have written in statements to the City Planners office on
our behalf in support of our request for a variance.
The part of the Quail Ridge subdivision where our home is located has 19 homes with driveways with
more than one entrance. Many of the 19 homes I am referencing are our neighbors directly in front,
behind, and to the side of our property. Please see the accompanying photo from Google Maps
illustrating the areas where the driveways are located within the subdivision.
To better illustrate our plan for the driveway, I am including a plot plan design that was originally
submitted with our house plans when we applied for our permits to begin building our home. This was
before we were aware of the city ordinance restricting driveways to have only one entrance. The
included Plot Plan will give the Zoning and Planning Commission as well as the City Council a bird’s eye
view of what the driveway would look like after construction is completed.
We would greatly appreciate the opportunity to build the driveway we have always dreamed of having
for our forever home. Thank you for your time and consideration regarding this matter.
Sincerely,
Jon Leask
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Ammon City Council
May 7, 2020
Mayor Coletti and City Councilmembers:
Ordinance 636: Refinancing the 2012 Series Water Bond
Staff Presenting:
Micah Austin, City Administrator
Recommendation
Staff recommends adoption of Ordinance 636 and Summary
Summary of Analysis
1.On January 5, 2012, the City of Ammon issued a water revenue bond (Series 2012) in the
amount of $14,287,000. The principal amount remaining is $8,802,634.
2.Interest rates are now at an all-time low. Refinancing the bond now will create significant
interest savings over the remaining years of the bond.
3. The cost of refinancing the bond is $80,000.
4.The following firms are involved in the refinancing of this bond:
a.Lewis Young Robertson & Burningham (David Robertson), Financial Advisor
b.Piper Sandler (Eric Heringer), Placement Agent
c.MSBT (Stephanie Bonney), Bond Counsel
5.Our current annual payment is $955,302.
6.After refinancing, our annual payment will be approximately $815,000. There are four scenarios
for refinancing that may influence this number.
7.The recommended scenario (referred to as Scenario 3 below) is to pay semi-annual principal and
interest payments and release $65,000 from the debt service reserve fund (DSRF) to pay down
principal.
8.Under Scenario 3, the gross savings from refinancing is $572,057. The net present value savings
from refinancing is $601,269
9.The table below summarizes the scenarios analyzed by staff:
Ammon City Council 05/05/2020Page 121 of 136
Scenario 1Scenario 2Scenario 3Scenario 4
Par Amount of
Bonds$8,908,000$8,908,000$8,017,000$8,017,000
Net Present Value
Savings -$$$427,654$431,055$601,269$604,454
Net Present Value
Savings -%%4.84%4.88%6.80%6.84%
Gross Savings$472,459$428,749$572,057$532,764
Semi-Annual
Savings$24,401N/A$69,411N/A
Annual Savings$48,802$44,865$138,811$135,273
Old DSRF$955,302$955,302$955,302$955,302
New DSRF$890,800$890,800$0$0
10.Piper Sandler and LYRB are working on term sheet to go to potential investors if the Ordinance is
approved. If approved, this term sheet will go out next week. We expect bids back in 2-3 weeks
at which time everything will be locked, especially the interest rate.
11.Considering the above scenarios and recommendation from our consultant, staff recommends
approval of Ordinance 635 and Summary and to waive the three readings.
Financial Impact
-Refinancing the bond will cost $80,000 in administrative, legal, and underwriting fees. These
will be paid from the Water Fund, GL# 61-610-610- PROFESSIONAL SERVICES
-If refinanced, the total savings over the remaining life of the bond will be $572,057.
Motion
Adoption of Ordinance 635 and Summary. Refer to script provided by City Clerk
Attachments:
1.Ordinance 636: Ordinance for refinancing the 2012 Series water bond.
2.Summary Ordinance 636.
3.Summary of scenarios and savings.
Ammon City Council 05/05/2020Page 122 of 136
ORDINANCE NO.636
AN ORDINANCE OF THE CITY OF AMMON,BONNEVILLECOUNTY, IDAHO,
AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF A WATERREVENUE
REFUNDING BOND, SERIES 2020, IN APRINCIPAL AMOUNT NOT TO EXCEED
$9,000,000,FOR THE PURPOSE OF REFUNDING THE CITYS OUTSTANDING WATER
REVENUE BOND, SERIES 2012; PROVIDING COVENANTS RELATING TO THE BOND
AND THE TAX-EXEMPT STATUS OF THE INTEREST ON THE BOND; PROVIDING FOR
RELATED MATTERS; APPROVING A SUMMARY OF THIS ORDINANCE FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Ammon,BonnevilleCounty, Idaho (the City), is a municipal
corporation duly organized and operating under and pursuant to the laws of the State of Idaho; and
WHEREAS, the City owns and operatesadomesticwatersystem (the System) for the
benefit of the residents of the City; and
WHEREAS, the City heretofore, onJanuary 5, 2012, issued its WaterRevenue Bond,
Series 2012, in the original principal amount of $14,287,000, the principal amount of which
$8,802,634remains outstanding(hereinafter referred to as theRefunded Bond; and
WHEREAS, the Mayor and Council have determined that it is in the best interests of the
City and its utility ratepayers to refund the Refunded Bondand to issue refunding bonds for that
purpose; and
WHEREAS, the City is authorized by the Constitution and laws of Idaho to issue refunding
bondsto refund its outstanding bondsand other obligationswhenever the Mayor and Council
determine that a savings or other beneficial public objective can be achieved thereby, without an
approving vote of the electors of the City, and to sell such refunding bonds at private sale; and
WHEREAS, the ordinancepursuant to which the Refunded Bondwasissued reservesthe
right of the City to redeem the Refunded Bond, in full, prior to maturity, upon notice as provided
in said ordinance;and
WHEREAS, the City is authorized to sell its bonds at private sale and the Mayor and
Council have determined to issue the refunding obligations of the City in an aggregate principal
amount not to exceed $9,000,000 toaPurchaserto be determined by the Mayor and City Council
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF AMMON,BonnevilleCounty, Idaho, as follows:
Section 1: DEFINITIONS
As used in this Ordinance, the following words shall have the following meanings:
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Actmeans, collectively, Title 50, Chapter 10, Title 57, Chapters 2, 5, and 9, and Title 67,
Chapter 87, Idaho Code.
Bondmeans the AmmonWaterRevenue Refunding Bond, Series 2020
authorized to be issued, sold, and delivered.
Bond Registermeans the registration books on which are maintained the names and
addresses of the owners or nominees of the owners of the Bond.
Bond Registrarmeans the bond registrar, transfer agent, and authenticating and paying
agent appointed and designated in Section 6 of this Ordinance, and any successor Bond Registrar.
Citymeans the City of Ammon,BonnevilleCounty, Idaho.
City Clerkmeans the Clerk of the City, or other officer of the City who is the custodian of
the seal of the City and of the records of the proceedings of the City, or his/her successor in
functions, if any.
Codemeans the Internal Revenue Code of 1986, as amended.
Councilmeans the City Council of the City.
Mayormeans the Mayor of the City, or his/her successor in functions, if any.
Net Revenuesmeans Revenue of the System after the deduction of Operation and
Maintenance Expenses.
Operation and Maintenance Expensesor any phrase of similar import means all reasonable
and necessary current expenses of the City, (except depreciation), paid or accrued, of operating,
maintaining, and repairing the System or of levying, collecting, and otherwise administering the
Net Revenues for the payment of the Bond; and the term includes (except as limited by contract
or otherwise limited by law) without limiting the generality of the foregoing:
(1)Engineering, auditing, reporting, legal, and other overhead expenses of the
various City departments directly relating and reasonably allocable to the
administration of the System;
(2)Fidelity bonds and property and liability insurance premiums pertaining to
the System, or a reasonably allocable share of a premium of any blanket bond or
policy pertaining thereto;
(3)Payments to pension, retirement, health, and hospitalization funds and other
insurancerelated to the System;
Ammon City Council 05/05/2020Page 124 of 136
(4)Any taxes, assessments, excise taxes, or other charges which may be
lawfully imposed on the City, the System, revenues therefrom, or any privilege in
connection with their operation;
(5)The reasonable charges of the bond registrar, fiscal or paying agent,
commercial bank, trust bank, or other depository bank pertaining to the Bond
issued by the Cityor pertaining to the Project, if any;
(6)Contractual services, professional services, salaries, other administrative
expenses, and the cost of materials, supplies, repairs, and labor, pertaining to the
issuance of the Bond and to the ordinary operation of theSystem; and
(7)All other administrative, general, and commercial expensesof the System.
Ordinancemeans this Ordinance No.636,adopted on May 7,2020.
Projectmeans the redemption and refunding of the Refunded Bond.
Refunded Bondmeans the City of AmmonWaterRevenueBond, Series 2012, issued on
January 5, 2012, in the principal amount of $14,287,000pursuant to Ordinance No.509of the
City, adopted on December 15, 2011.
Registered Ownermeans the purchaser ofthe Bond and any subsequent transferee or
purchaser of the Bond.
Regulationsmeans the Treasury Regulations issued or proposed under Section103,
Section 148, Section 149, or Section 150 of the Code (26 CFRPart2) or other sections of the Code
relating to arbitrage bondsor rebate, including without limitation Sections 1.148-0 through
1.148-11 and 1.150-1 of the Treasury Regulations, to the extent applicable, and includes
amendments thereto or successor provisions.
Revenue of the Systemmeans all revenues received by the City from its System and may
include, at the discretion of the City, moneys derived from one, all, or any combination of revenue
sources pertaining to the System, including, without limitation, rates, charges, rents, fees, and any
other income derived from the operation or ownership of, the use of services of, or the availability
of or services pertaining to, or otherwise derived in connection with, the System or all or any part
of any property pertaining to the System.
Systemmeansthedomesticwatersystem of the City, as the same now exists, including its
assets, real and personal, tangible and intangible, and as it may later be added to, extended, and
improved, and shall include buildings, structures, utilities, or other income producing water
facilities from the operation of or in connection with which the revenues of the payment of the
Bond to be issued hereunder will be derived, and the lands pertaining thereto.
Treasurermeans the Treasurer of the City, or his/her successor in functions, if any.
Ammon City Council 05/05/2020Page 125 of 136
Treasury Regulationsmeans the Treasury Regulations issued or proposed under Section
103, Section 148, Section 149, or Section 150 of the Code (26 CFR Part 2) or other sections of the
Code relating to arbitrage bondsor rebate, including without limitation Sections 1.148-0 through
1.148-11 and 1.150-1 of the Treasury Regulations, to the extent applicable, and includes
amendments thereto or successor provisions.
Section 2: FINDINGS
The Mayor and Council hereby find, determine, and declare:
A.That the CitysRefunded Bondcan be refunded at a cost saving to the benefit of
the City and its utility ratepayers; that it is desirable and necessary for the benefit of the City and
its utility ratepayersto refund the Refunded Bondfor the purpose of achieving a cost saving and
other beneficial public objectives; and that the net proceeds of the Bond, together with other
lawfully available moneys of the City, to the extent necessary, shall be used to refund the Refunded
Bond.
B.That it is the intent of the Mayor and Council to issue the Bond for the purpose of
providing funds in an amount sufficient, together with other lawfully available funds of the City,
if necessary, to refund, redeem, and retire the Refunded Bond.
Section 3: THE BOND
The Bond, designated City of AmmonWaterRevenue Refunding Bond, Series 2020(the
Bond), in an aggregate principal amount not to exceed $9,000,000,is hereby authorized to be
issued, sold, and delivered pursuant to the Act.
Section4: EXECUTION
The Bond shall be executed by the manual signature of the Mayor, countersigned by the
manual signature of the Treasurer, and attested by the manual signature of the City Clerk, and the
seal of the City shall be impressed thereon.
Section 5: PLACE AND MANNER OF PAYMENT
Both principal of and interest on the Bond shall be payable in lawful money of the United
States of America to the Registered Ownerthereof, at the address of such Registered Owneras
shown on the registration records of the City, or at such other address as shall be designated in
writing to the City by the Registered Owner.
Section 6: BOND REGISTRAR
The Treasureris hereby appointed as bond registrar, transfer agent and paying agent, and
is herein referred to as the Bond Registrar.The Bond Registrar shall keep, or cause to be kept,
sufficient books for the registration and transfer of the Bond. The Bond Registrar is authorized,
Ammon City Council 05/05/2020Page 126 of 136
on behalf of the City, to carry out all of the Bond Registrars powers and duties under this
Ordinance.
The Bond may be transferred only upon the books for the registration and transfer of bonds
(the Bond Register), upon the surrender thereof to the Bond Registrar, together with a form of
transfer duly executed by the Registered Owner or its attorney duly authorized in writing. Upon
the transfer of aBond, there shall be issued in the name of the transferee or transferees a new fully
registered bond or bonds of any authorized denomination or denominations and of the same
maturity and interest rate, and of the same aggregate principal amount, as the surrendered Bond.
The new bond or bonds shall bear the same date as the date of the surrendered bond, but shall bear
interest from the immediately preceding interest payment date to which interest has been paid or
fully provided for.
This Section is intended to provide the system of registration required by Chapter 9, Title
57, Idaho Code.
Section 7: PRE-PAYMENT; DEFEASANCE
The City may have the option to prepay the Bond, in whole or in part.
In the event that money and/or government obligations, maturing or having guaranteed
redemption prices at the option of the owner at such time or times and bearing interest to be earned
thereon in such amounts as are sufficient (together with any resulting cash balances) to redeem
and retire part or all of the Bond in accordance with its terms, are hereafter irrevocably set aside
in a special account and pledged to effect such redemption and retirement, then no further
payments need be made into the Bond Fund for the payment of the principal of and interest on the
Bond so provided for, and the Bond and interest accrued thereon shall then cease to be entitled to
any lien, benefit, or security of this Ordinance, except the right to receive the funds so set aside
and pledged, and the Bond and interest accrued thereon shall no longer be deemed to be
outstanding hereunder.
Section 8: GENERAL COVENANTS
For the protection and security of the Bond, it is covenanted and agreed to and with the
Registered Ownerof the Bond from time to time, that the City will perform the following
covenants:
A.Operate System.It will operate the System in an efficient and economical manner
and prescribe, revise, and collect such charges in connection therewith so that the services,
facilities, and properties of the System may be furnished at the lowest possible cost consistent with
sound economy and prudent management.
B.Good Repair.It will operate, maintain, preserve, and keep the System and every
part hereof in good repair, working order, and condition.
Ammon City Council 05/05/2020Page 127 of 136
C.Preserve Security.It will preserve and protect the security of the Bond and the
rights of theRegistered Ownerthereof.
D.Collect Revenues.It will collect and hold in trust the revenues and other funds
pledged to the payment of the Bond and apply such revenue or other funds only as provided in this
Ordinance.
E.Service Bond.It will pay and cause to be paid punctually the principal of the Bond
and the interest thereon on the date or dates and at the place or places and in the manner provided
in the Bond, and in accordance with this Ordinance.
F.Pay Claims.It will pay and discharge any and all lawful claims for labor, materials,
and supplies which, if unpaid, might by law become a lien or charge upon the Revenue of the
System, or any part of said Revenue of the System, or any funds in the hands of the Treasurer,
prior or superior to the lien of the Bond or which might impair the security of the Bond, to the end
that the priority and security of the Bond shall be fully preserved and protected.
G.Encumbrances.It will not mortgage or otherwise encumber, sell, lease, or dispose
of the System or any part thereof, nor enter into any lease or agreement which would impair or
impede the operation of the System or any part thereof necessary to secure adequate revenues for
the payment of the principal of and interest on the Bond, nor which would otherwise impair or
impede the rights of the Registered Ownerof the Bond with respect to such revenues of the
operation of the System without provisions for the retirement of the Bond then outstanding from
the proceeds thereof.
H.Insurance.It willprocure and keep in force insurance upon all buildings and
structures of the System and the machinery and equipment therein, which are usually insured by
entities operating like property, in good and responsible insurance companies.The amount of the
insurance shall be such as may be required to adequately protect it and the Registered Ownerof
the Bond from loss due to any casualty, and in the event of any such loss, the proceeds shall be
used to repair or restore the System or for the payment of the Bond issued under this Ordinance.
In addition,the Citywill procure and maintain public liability insurance.
I.Engineers.It will employ consulting engineers of acknowledged reputation, skill,
and experience in the improvement and operation of the System for any unusual or extraordinary
items of maintenance, repair, or betterments as shall be required from time to time, all reports,
estimates, and recommendations of such consulting engineers to be filed with the Clerk and
furnished to the Registered Ownerof the Bond issued hereunder, upon request.
J.Accounts.It will keep proper and separate accounts and records in which complete
and separate entries shall be made of all transactions relating to the System, and it will furnish
complete operating and income statements upon request.
K.Delinquencies.It will not furnish waterservice to any customer whatsoever free of
charge, and it shall not later than sixty (60) days after an account becomes delinquent, take such
legal action as may be reasonable to enforce collection of any collectible delinquent account.
Ammon City Council 05/05/2020Page 128 of 136
Section 9: SPECIAL COVENANTS
The City further covenants and agrees:
A.In accordance with Section 149(a) of the Internal Revenue Code of 1986, as
amended (the Code), the Bond, and any serial bonds to which itmay be converted, shall be
issued and remain in fully registered form in order that interest thereon be excluded from gross
income of the owner or owners for federal income tax purposes. The City covenants and agrees
that it will take no action to permit the Bond, or any serial bonds to whichitmay be converted, to
be issued in or converted to bearer or coupon form.
B.None of the proceeds of the Bondwill be used, directly or indirectly, (i) to make or
finance loans to persons or (ii) in any trade or business carried on by any person (other than as a
member of the general public). For purposes of the preceding sentence, the term persondoes
not include a governmentunit other than the United States or any agency or instrumentality thereof,
and the term trade or businessmeans any activity carried on by a person other than a natural
person.The City further covenants and agrees to take no action which would cause theBondto
become aprivate activity bond,nor will it omit to take any action necessary to prevent the Bond
from becoming aprivate activity bond,within the meaning of Section 141 of the Code.
C.The Mayor, Clerk, and Treasurer, and other appropriate officials of the City, or any
one or more of such officials, as may be appropriate, are each hereby authorized and directed to
execute, on behalf of the City, such certificate or certificates as shall be necessary to establish that
theBondisnotanarbitrage bondwithin the meaning of Section 148 of the Code and the
Treasury Regulations promulgated thereunder, and to establish that interest on the Bondisnot and
will not become includable in the gross income of the Registered Ownerof the Bondunder the
Code and applicable regulations. The City covenants and agrees that no use will be made of the
proceeds of the Bond, or any funds of the City which may, pursuant to Section 148 of the Code
and applicable regulations, be deemed to be proceedsof the Bond, which would cause the Bond
to become an arbitrage bondwithin the meaning of Section 148 of the Code. The City further
covenants to comply throughout the term of the Bondwith the requirements of Section 148 of the
Code and the regulationspromulgated thereunder in order to prevent the Bondfrom becoming an
arbitrage bond.
D.The Bondmay be designated as a qualified tax-exempt obligationwithin the
meaning and for the purpose of Section 265(b)(3) of the Internal Revenue Code of 1986(the
Code), and the City, including all aggregated issuers as described in Section 265(b)(3)(E), if the
City does not reasonably anticipate that it will issue more than $10,000,000, including the Bond,
as qualified tax-exempt obligations during the calendar year 2020.
Section 10: AMENDMENTS
A.The City from time to time and at any time may adopt an ordinance or ordinances
supplemental hereto, which ordinance or ordinances thereafter shall become a part of this
Ordinance, for any one or more of all of the following purposes:
Ammon City Council 05/05/2020Page 129 of 136
1.To add to the covenants and agreements of the City in this Ordinance, other
covenants and agreements thereafter to be observed, which shall not
adversely affect the interest of theRegistered Ownerof the Bond, or to
surrender any right or power herein reserved.
2.To make such provisions for the purpose of curing any ambiguities or of
curing, correcting, or supplementing any defective provisions contained in
this Ordinance, or any ordinance authorizing future bonds in regard to
matters or questions arising under such ordinances as the Council may deem
necessary or desirable and not inconsistent with such ordinances and which
shall not adversely affect, in any material respect, the interest of the
Registered Ownerof the Bond.
Any such supplemental ordinance may be adopted without the consent of the Registered
Ownerof the Bondat any time outstanding, notwithstanding any of the provisions of subsection
B of this Section.
B.With the consent of the Registered Ownerof not less than 75% in aggregate
principal amount of the Bondat the time outstanding, the Council may adopt an ordinance or
ordinances supplemental hereto for the purpose of adding any provisions to or changing in any
manner or eliminating any of the provisions of this Ordinance or of any supplemental ordinance;
provided, however, that no such supplemental ordinance shall:
1.Extend the fixed maturities of the Bond, or reduce the rate of interest
thereon, or extend the time of payments of interest from their due date, or
reduce the amount of the principal thereof, or reduce any premium payable
on the redemption thereof, if applicable, without the consent of the
Registered Ownerof the Bondso affected; or
2.Reduce the aforesaid percentage of the Registered Ownerrequired to
approve any such supplemental ordinance.
It shall not be necessary for the consent of the Registered Ownerunder this subsection B
to approve the particular form of any proposed supplemental ordinance, but it shall be sufficient if
such consent shall approve the substance thereof.
C.Upon the adoption of any supplemental ordinance pursuant to the provisions of this
Section, this Ordinance shall be deemed to be modified and amended in accordance therewith, and
the respective rights, duties, and obligations of the City under this Ordinance and the Registered
Ownerof the Bondoutstanding hereunder shall thereafterbe determined, exercised, and enforced
thereunder, subject in all respects to such modification and amendments, and all terms and
conditions of any such supplemental ordinance shall be deemed to be part of the terms and
conditions of this Ordinance for any and all purposes.
D.Any bond executed and delivered after the execution of any supplemental ordinance
adopted pursuant to the provisions of this Section may have a notation as to any matter provided
Ammon City Council 05/05/2020Page 130 of 136
for in such supplemental ordinance, and if such supplemental ordinance shall so provide, new
bonds so modified as to conform, in the opinion of the Council, to any modification of this
Ordinance contained in any such supplemental ordinance, may be prepared and delivered without
cost to the Registered Owner of the Bond then outstanding, upon surrender for cancellation of the
Bond.
Section 11: VALIDITY OF ISSUANCE
The Bondisissued pursuant to the Idaho Revenue Bond Act, being Idaho Code Sections
50-1027 through50-1042. This recital is conclusive evidence of the validity of the Bondand the
regularity ofitsissuance.
Section 12:REGISTERED OWNERS REMEDIES -RECEIVER
By action or suit in equity, the Registered Owneror subsequent owners of the Bond may,
in the event of a material violation of any of the foregoing covenants, cause the appointment of a
receiver, which receiver may enter and take possession of the System and any Net Revenues for
the payment of the Bond, prescribe fees to be derived from the System, and collect, receive, and
apply all Net Revenues andother moneys pledged for the payment of the Bond in the same manner
as the City might do in accordance with the obligations of the City.
Section 13: ORDINANCE A CONTRACT
The provisions of this Ordinance shall constitute a contract between the City and the
Registered Ownerso long as the Bond hereby authorized remainsunpaid.
Section14: SEVERABILITY
If any one or more of the covenants or agreements provided in this Ordinance to be
performed on the part of the City shall be declared by any court of competent jurisdiction to be
contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void
and shall be deemed separable from the remaining covenants and agreements in this Ordinance
and shall in no way affect the validity of the other provisions of this Ordinance or of the Bond.
Section 15: REPEALER
All other ordinances or parts thereof, to the extent inconsistent herewith, are hereby
repealed and shall, to the extent of such inconsistency, have no further force or effect.
Section 16: AUTHORIZATION
The Mayor, City Clerk, and City Treasurer, or any one of such officers, as may be
appropriate to the circumstances, are hereby authorizedto execute, on behalf of the City, the Bond
and all such additional documents as may be necessary to effect the sale and delivery of the Bond.
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Section 17: PUBLICATION
This Ordinance, or a summary thereof in compliance with Section 50-901A, Idaho Code,
shall be published once in the official newspaper of the City, and shall take effect immediately
upon passage, approval, and publication.
th
DATED this7day ofMay,2020.
CITY OF AMMON
BonnevilleCounty, Idaho
ATTEST:By________________________________
Mayor
____________________________
City Clerk
Ammon City Council 05/05/2020Page 132 of 136
SUMMARY OF
ORDINANCE NO. 636
AN ORDINANCE OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO,
AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF A WATER REVENUE
REFUNDING BOND, SERIES 2020, IN A PRINCIPAL AMOUNT NOT TO EXCEED
$9,000,000
REVENUE BOND, SERIES 2012; PROVIDING COVENANTS RELATING TO THE BOND
AND THE TAX-EXEMPT STATUS OF THE INTEREST ON THE BOND; PROVIDING FOR
RELATED MATTERS; APPROVING A SUMMARY OF THIS ORDINANCE FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
A summary of the principal provisions of Ordinance No. 636of the City of Ammon,
BonnevilleCounty, Idaho, adopted onMay 7,2020, is as follows:
Section 1:Defines the terms and phrases used in the Ordinance.
Section 2:WaterRevenue
Bond.
Section 3:Describes the City of AmmonWaterRevenueRefunding Bond, Series 2020
(the Bond).
Section 4:Provides for the manner and method of execution of the Bond.
Section 5:Provides for the place and manner of payment of the Bond.
Section 6:Appoints the City Treasurer as Bond Registrar.
Section 7:Provides for the prepayment and defeasanceof the Bond.
Section 8:Provides general covenants for the Bond.
Section 9:Provides specialcovenants for the Bond.
Section 10:Provides for amendments to the Ordinance.
Section 11:Provides for validity of issuance.
Section 12:Provides remedies for Registered Owner of the Bond.
Section 13:States that the Ordinance constitutes a contract with the Registered Owner
of the Bond.
Section 14:Provides for severability.
Ammon City Council 05/05/2020Page 133 of 136
Section 15:Repeals prior inconsistent ordinances, to the extent of any inconsistency.
Section 16:Authorizes the Mayor, City Clerk, and City Treasurer to execute any
additional documents necessary to sell and deliver the Bond.
Section 17:Provides for the publication of the Ordinance or a summary thereof and the
effective date of the Ordinance.
The full text of Ordinance No.636is available at City Hall and will be provided to any
citizen upon personal request during normal office hours.
th
DATED this 7day ofMay,2020.
CITY OF AMMON
_____________________________
Mayor
ATTEST:
_______________________________
City Clerk
Ammon City Council 05/05/2020Page 134 of 136
CERTIFICATION OF ATTORNEY
I, the undersigned Special Legal Counsel for the City of Ammon,BonnevilleCounty,
Idaho, hereby certify that I have read the attached summary of Ordinance No.636ofthe City of
Ammonand that the same is true and complete and provides adequate notice to the public of the
contents of said Ordinance.
th
Dated as of the7day ofMay,2020.
Attorneyat Law
Ammon City Council 05/05/2020Page 135 of 136
PROCEDURES
PROCEDURE TO ADOPT AN ORDINANCE
Ordinance No.636introduced and read by title.
AN ORDINANCE OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO,
AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF A WATER REVENUE
REFUNDING BOND, SERIES 2020, IN A PRINCIPAL AMOUNT NOT TO EXCEED
WATER REVENUE BOND, SERIES 2012; PROVIDING COVENANTS RELATING TO
THE BOND AND THE TAX-EXEMPT STATUS OF THE INTEREST ON THE BOND;
PROVIDING FOR RELATED MATTERS; APPROVING A SUMMARY OF THIS
ORDINANCE FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
Councilperson moves:
rule requiring the reading of the ordinance on
three different days and that the three readings
Councilperson seconds:
Roll call vote on motion.
Ordinance again read by title and read in full.
TITLE AND FULL
Councilperson moves:
option of ordinance No.636
and Summaryas an ordinance of the City of
Councilperson seconds:
Roll call vote.
Ammon City Council 05/05/2020Page 136 of 136