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RESOLUTION NO. 2002-08 A RESOLUTION OF THE CITY OF MOSCOW, LATAH COUNTY, IDAHO, AUTHORIZING THE FILING OF A PETITION TO SEEK JUDICIAL CONFIRMATION OF THE CITY'S AUTHORITY TO INCUR INDEBTEDNESS OR LIABILITY BY BOND OR OBLIGATION OR AGREEMENT OR SECURITY INSTRUMENT IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND DOLLARS ($650,000) TO FINANCE IMPROVEMENTS TO THE CITY'S E 9-1-1 COMMUNICATION FACILITY. W I T N E S S E T H: WHEREAS, City of Moscow, Latah County, Idaho ("City") has determined that the E 9-1-l communication facility located at the Moscow Police Department has become outdated because much of the equipment currently being used dates back to the early 1980's, and the normal life of such dispatch equipment is generally accepted to be ten (10) years. WHEREAS, City has determined that further delay in updating the E 9-1-1 equipment and related space could threaten the peace, safety, and welfare of the citizens of the City, City personnel, and those served by City. WHEREAS, the Federal Communication Commission, in its FCC Final Order CC Docket No. 94-102, directed wireless carriers to deliver wireless E 9-1-1 information to PSAPs by April I, 1998 (known as Phase and WHEREAS, FCC Docket No. 94-102 also directed that wireless carriers, by October I, 200 I, identifY to the PSAP the latitude and longitude of a mobile unit making an E 9-1-1 call within a radius of no more than one hundred twenty five (125) meters in sixty seven percent (67%) of all cases (known as Phase II); and WHEREAS, City's current E 9-1-1 communication facility is not capable of fully implementing either Phase I or Phase II of the FCC mandate; and WHEREAS, without an upf,>rade and/or purchase of new equipment, City cannot provide services mandated by FCC Phase I and Phase II for wireless E 9-1-1 services; and WHEREAS, in an effort to determine the status of the City's E 9-1-1 communication facility, City Council engaged PO MAX, Inc. to produce a baseline report; and WHEREAS, POMAX, Inc. Baseline Report dated September 21, 2001 established the then current state of equipment and facilities of City's E 9-1-1 communication facility; and WHEREAS, additionally, City engaged PO MAX, Inc. to report on courses of action available to City to carry forward such reconstruction and improvement to the Moscow Police Department's E 9-1-1- system; and WHEREAS, the Course Of Action Report produced by PO MAX, Inc. dated October 8, 2001 and accepted by City Council on October 15, 200 I concluded that the preferred option for the City to follow was to construct an Integrated E 9-1-1 Communication Center; and WHEREAS, the City Council engaged PO MAX, Inc. to explore the possibility for amalgamating the E 9-1-1 communication facility in the City of Moscow, Idaho with Whitcom in Pulhnan, Washington in order to finally assess the viability of such amalgamation; and WHEREAS, PO MAX, Inc. produced an Amalgamation Study dated February 2002 which was accepted by City Council on March 18, 2002; and RESOLUTION NO. 2002- JUDICIAL CONFIRMATION - E 9-I-I Page I of3 ---PAGE BREAK--- WHEREAS, City Council concluded at the City Council meeting on March 18, 2002 that the proper course of action to follow was to reconstruct and improve Moscow Police Department's current E 9-1-1 communication facility by creation of a City Integrated E 9-1-1 Communication Center; and WHEREAS, it is necessary for City to incur debt by selling revenue bonds with which to finance the capital costs of improving, repairing, and replacing the current E 9-1-1 communication facility; and WHEREAS, City believes that the debt to be incurred for a City Inte!,>rated E 9-1-1 Communication Center is an "ordinary and necessary expense" as that term is used and understood in the State of!daho; and WHEREAS, pursuant to Idaho Code § 7-1302, et seq, City may seck judicial confmnation of City's authority to incur indebtedness or liability by bond or obligation or agreement or security instrument including, but not limited to, issuance and sale of certain general obligation bonds to finance a City Integrated E 9-1-1 Commnnication Center without holding an election thereon as an "ordinary and necessary expense" of the City of Moscow, Idaho; WHEREAS, City Council of the City of Moscow, Latah County, Idaho (the "Council"), conducted a public bearing as required by Idaho Code § 7-1304(3) on May 6, 2002 at 7:30 p.m., pursuant to notice duly published in the official newspaper of City and received public input on the issue of judicial confirmation; and WHEREAS, not less than fourteen (14) days following said public hearing the Council considered tbe ramifications of the proposed judicial confirmation of City's ability to incur indebtedness or liability by bond or obligation or agreement or security instrument including, but not limited to, the authority to issue and sell certain obligation bonds as an "ordinary and necessary expense" under Idaho Constitution, Article VIII, Section 3 directs and orders the filing of a petition for judicial confirmation. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOSCOW, LATAH COUNTY, IDAHO, as follows: Section 1: City deems it necessary to repair and update Moscow Police Department's outdated and outmoded E 9-1-1 communication facility in order to maintain the peace and welfare of tbe City, its personnel, inhabitants, and those it serves. Section 2: City does not have adequate funds available in its current budget to pay all of the costs of constructing the improvements, repairs and replacements necessary to update the outdated and outmoded equipment currently in use at City's current E 9-1-l communication facility. Section 3: City has hereby detem1ined that City must incur indebtedness or liability by bond or obligation or agreement or security instrument including, but not limited to, issuance and sale of certain general obligation bonds in an amount not to exceed Six Hundred Fifty Thousand Dollars ($650,000) in order to pay the costs of the City's Integrated E 9-1-1 Communication Center reconstruction, improvements, repairs and replacements to City's E 9-1-1 communication facility. Section 4: City hereby determines that the proposed issuance and sale of revenue bonds constitutes an ordinary and necessary expense of City within tbe meaning of Article Vlll, Section 3, Idaho Constitution, for which no approving vote of the electors is required. Section 5: The Council hereby authorizes City to seek a judicial detem1ination of the validity of City's authority to incur indebtedness or liability by bond or obligation or agreement or security instrument including, but not limited to, issuance and sale of certain general obligation bonds, in view of the legal issue arising under Article VIII, Section 3, Idaho Constitution, as to whether or not the incurring of indebtedness or liability by RESOLUTION NO. 2002- JLDICIAL CONFIRMATION-E 9-1-1 Page 2 of3 ---PAGE BREAK--- bond or obligation or aÙo>rcement or security instrument constitutes an "ordinary and necessary expense" of City lor which an approving vote of the electors is not required. Section 6: The Council further authorizes City to request the Court for an order setting the date and time of a hearing herein and directing the giving of notice hereof as provided by law; lor a judicial examination and determination that the Judicial Confirmation Law, Idaho Code § 7-1302 et seq., is constitutional; for a judicial examination and detennination that City has the legal authority to construct a City Integrated E 9-1-1 Communication Center; for a judicial examination and determination of the validity of the power and authority of City to incur indebtedness or liability by bond or obligation or aÙo>reement or security instrument including, but not limited to, issuance and sale of certain general obligation bonds in an amount not to exceed Six Hundred Fifty Thousand and No/One-Hundredths Dollars ($650,000.00), to incur indebtedness or liability thereunder without the approval of the electors of City at a special election as an "ordinary and necessary expense" of the City and to pledge its lawfully available revenues to the payment of such indebtedness or liability; and a declaration that such indebtedness or liability by bond or obligation or agreement and/or security instrument of City, when executed pursuant to such authority, shall be a legal, a valid, and a binding obligation of City. Section 7: City Council believes that judicial examination and confirmation would serve an important public purpose by providing an early determination of the validity of the power of City to incur indebtedness or liability by bond or obligation or aÚo,>reement or security instrument and to pledge to repay such indebtedness or liability from its lawfully available revenue, as provided by the Judicial Confirmation Act and, in particular, Section 7-1302, Idaho Code. Section 8: City Council hereby authorizes City to reconstruct and improve Moscow Police Department space to a City Integrated E 9-1-1 Communication Center by the following actions: 1. Replacement of the automatic number identification (ANI) controller and the automatic location identification (ALI) data base; 2. Upgrading of the primary safety answering point (PSAP) system; 3. Replacement of the dispatch center which includes creating an uninterrupted power supply (UPS), purchasing of coordinating equipment, revamping the alam1 monitoring system, purchasing appropriate computer aided dispatch (CAD) hardware, software and interfaces, records management system (RMS) and data conversion, replacement of the recording equipment, voice logger and network infrastructure as well as the radio controllers, consoles and repeater. 4. Remodeling a portion of the Moscow Police Department to house new equipment and the construction and/or purchase of necessary consoles, cabinetry and furniture. Section 9: This Resolution shall take effect and be in full force from and after its passage and approval. DATED this 20th dayof May, 2002 ATTt . . / 1 Christine Bainbridge, City Clerk J RESOLUTION NO. 2002- JUDICIAL CONFIRMATION - E 9-1-1 Page 3 of3