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ORDINANCE NO. (76
AN ORDINANCE specifying and adopting a system or plan for
the making of additions and betterments to and extensions
of the existing municipal water works system of the City
of Port Angeles, declaring the estimated cost thereof,
as near as may be, providing for the issuance and sale
of bonds to secure funds therefor, and submitting such
plan or system to the qualified voters of said city at a
special election to be held therein on July,3 1929%
THE CITY CO MISSION OF THE CITY OF PORT ANGELES DO ORDAIN
AS FOLLOWS:
Section 1. That the demands and requirements for water
make it necessary and advisable that said City make additions
and betterments to, and extensions of, its existing municipal
waterworks system. That the gross revenue and proceeds
derived and to be derived from the operation of the existing
municipal waterworks system, and the herein proposed additions
and betterments to, and extensions thereof, at the rates
charged and to be charged therefor, will be sufficient, in the
judgment of the corporate authorities of said city, to
meet all expenses of operation and maintenance, including
the operation and maintenance of the proposed additions,
extensions and betterments, together with all charges hereto-
fore created against said revenues, and to permit the setting
aside, into a special fund, out of such gross revenues, of
amounts sufficient from time to time to pay the interest
and principal of the bonds hereby authorized, as the same
fall due.
Section 2. That the City of Port Angeles and its
corporate authorities hereby specify and adopt the system
or plan hereinafter set forth for the making of additions
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and betterments to and extensions of the existing mu-
nicipal water works system of said city for the purpose
of furnishing said city and the inhabitants thereof, and
any other persons, with an ample supply of water for all
uses and purposes, public and private, to -wit:
The City of Port Angeles shall construct at or near the
center of the NE 1/4 of Section 10, Township 30N, Range
7W. V.M. in Clailam County; Washington, on the Elwha River
approximately seven hundred (700) feet above the present
steel highway bridge crossing said river, diversion and
intake works of suitable construction sufficient to divert
through pipe lines hereinafter described a minimum of twenty
million (20,000,000) gallons of water per day, ateL
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That at said site the waters of said river shall be
diverted by means of a dam, tunnels, aqueducts and pipe
lines of the capacity above stated which shall be
constructed through, over and upon suitable rights -of -way
to be acquired over private property, in a northerly
direction to the shore of the Straits of 014, Juan de Fuca
and thence over private property and property belonging
to the State of Washington, easterly along the shore of
said Straits to the base of Ediz Hook Spit, and thence
through the townsite of Port Angeles to the mouth of
Ennis Creek, the width of the right -of -way to be
approximately twenty (20) feet.
That as a part of such system or plan said city shall
acquire and construct such pumping plants, filtration
plants and other appurtenant structures and equipment
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as will enable it to serve the demands of its customers,
and shall acquire by condemnation or purchase (including
permits and grants from the United States) such lands,
waters, water rights, privileges, easements, rights -of -way,
franchises, property and property rights as may be necessary
or incident to the making of the aforesaid additions,
extensions and betterments.
The plan or system hereinbefore described shall be known
as the ''Elwha River Water Extension Project."
Section 3. The gross estimated cost of the system or
plan herein described is hereby declared, as near as may he,
to be the sum of Five Hundred Thousand ($500,000.00) Dollars,
to be raised by bonds of said city as hereinafter provided.
Section 4. That in order to secure funds to carry out
said plan or system, said city shall issue and sell its
negotiable bonds in an amount not exceeding Five Hundred
Thousand ($500,000.00) Dollars, which shall be issued at
such times, in such denominations and shall bear such rate
of interest, not exceeding six (6) percent per annum,
payable semi - annually, as the City Commission may, by
resolution, direct. Said bonds shall mature as follows:
Seven Thousand Dollars ($7,000.00) two (2) years after date.
Seven Thousand Dollars ($7,000.00) three (3) years after date.
Eight Thousand Dollars ($8,000.00) four (4) years after date.
Eight Thousand Dollars ($8,000.00) five (5) years after date.
Nine Thousand Dollars ($9,000.00) six (6) years after date.
Nine Thousand Dollars ($9,000.00) seven (7) years after date.
Ten Thousand Dollars ($10,000.00) eight (8) years after date..
Ten Thousand Dollars ($10,000.00) nine (9) years after date.
Eleven Thousand Dollars ($11,000.00) ten (10) years after date.
Eleven Thousand Dollars ($11,000.00) eleven (11) years after
date.
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Twelve Thousand Dollars ($12,000.00) twelve (12) years
after date.
Thirteen Thousand Dollars 013,000.00) thirteen (13)
years after date.
Fourteen Thousand Dollars 014,000.00) fourteen (14)
years after date.
Fourteen Thousand Dollars ($14,000.00) fifteen (15)
years after date.
Fifteen Thousand Dollars 015,000.00) sixteen (16) years
after date.
Sixteen Thousand Dollars ($16,000.00) seventeen (17)
year after date.
Seventeen Thousand Dollars (17,000.00) eighteen (18)
years after date.
Eighteen Thousand Dollars 018,000.00) nineteen (19)
years after date.
Twenty Thousand Dollars (20,000.00) twenty (20) years
after date.
Twenty -one Thousand Dollars 021,000.00) twenty -one (21)
years after date.
Twenty -two Thousand Dollars ($22,000.00) twenty -two (22)
years after date.
Twenty -three Thousand Dollars 023,000.00) twenty -three
(23) years after date.
Twenty -four Thousand Dollars 024,000.00) twenty -four
(24) years after date.
Twenty -six Thousand Dollars 026,000.00) twenty -five (25)
years after date.
Twenty -seven Thousand Dollars 027,000.00) twenty -six (26)
years after date.
Twenty -nine Thousand Dollars ($29,000.00) twenty -seven
(27) years after date.
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Thirty -one Thousand Dollars ($31,000.00) twenty -eight
(28) years after date.
Thirty -three Thousand Dollars ($33,000.00) twenty -nine
(29) years after date -.
Thirty -five Thousand Dollars ($35,000.00) thirty (30)
years after date.
Said bonds shall have attached proper interest coupons
which shall be a part thereof. The bonds maturing more
than fifteen years after date according to the schedule
herein set forth, shall be callable for redemption in
numerical order at..par and accrued interest, on any interest
payment date after fifteen years from their date, upon thirty
days' notice published in the newspaper doing the city printing.
Both principal and interest of said bonds shall be payable in
gold coin of the United States, of the present standard of
weight and fineness, at the office of the City Treasurer of the
City of Port Angeles or at the Fiscal Agency of the State of
Washington in New York City, at the option of the holder, aid
shall be an obligation only against the special fund created
and established in Section 5 of this ordinsnee.
Section 5. That there be and hereby is created and establish-
ed a special fund to be called "Municipal Water Works Elwha River
Extension Bond Fund, 1929" which fund is to be drawn upon
for the sole purpose of paying the interest, or principal and
interest, of said bonds. From and after the date of
said bonds, and so long thereafter as any obligations are
outstanding against said fund, the City Treasurer shall
set aside antd pay into said fund, thirty (30) days prior
to the respective dates on which interest, or principal
and interest, of said bonds shall become due and payable,
certain fixed amounts out of the gross revenue of
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said municipal water works system now, belonging to or
which may hereafter belong to said city, including the
additions, betterments and extensions herein provided for,
equivalent to the respective amounts of interest, or
principal and interest, as the case may be, so falling due
upon any and all bonds issued hereunder and then outstanding,
and said revenues are hereby pledged to such semi- annual
payments which shall constitute a charge upon said revenues
prior and saperior to all charges'whatsoever, including the
charges for maintenance and operation, save and except the
charges upon such revenues heretofore created for the payment
of principal and interest of bonds heretofore authorized and
payable from the earnings of the municipal waterworks system,
and save and except the charges upon such revenues sufficient
to pay warrants drawn against such revenues and issued prior
to the taking effect of this ordinance.
The City Treasurer is hereby authorized to make payment
of said bonds and coupons herein authorized, as the same fall
due, from the moneys in said Municipal Water Yorks Extension
Bond Fund, 1929, and from no other source, and the payment
of said bonds and coupons, as they fall due, is hereby
declared to be the only charge which has been made upon said
fund, or will ever be made thereon until all of said bonds
and interest thereon shall have been paid.
The City of Port Angeles and its corporate authorities
do hereby declare that in fixing the amounts to be paid into
said fund as aforesaid, they have exercised due regard to the
cost of operation and maintenance of said system and to the
existing obligations against the revenues thereof, and have
not hereby obligated and bound said city to set aside into
said special fund a greater amount of the revenue of said
system thin in the judgment of said corporate authorities
will be available over and above such cost of maintenance
and operation and the existing obligations against such
revenues.
The City of Port Angeles hereby binds itself not to sell
the water works system now belonging to it or which may
hereafter belong to it, including the additions, better-
ments and extensions herein provided for, until all
obligations outstanding against or payable from said special
fund: hereby created shall have been paid in full; or in case
it. shall sell the same before such payment, not to make any
such sale without then or theretofore providing that from
the proceeds of such sale or disposition after the payment
of all prior charges there shall be placed in such special
fund a sum sufficient in amount to discharge, and be used for
no other purpose than the discharge of, principal and interest
of all of said bonds issued hereunder and then remaining unpaid,
and not in any event to sell such municipal water works system
or any substantial part thereof for a sum less than enough
to discharge and pay the bonds herein authorized and remaining
unpaid, and the interest thereon.
The City of Port Angeles further binds itself to establish
from time to time and maintain such rates for water as will
provide sufficient revenues to permit the payment of said
sums into said special fund, which said city has pledged to
be set aside for the payment of principal and interest as
herein provided, to be applied to the payment of the principal
and interest of the bonds herein authorized, until said bonds
shall have been paid in full, and in addition thereto all costs
of operation and maintenance and all bonds and warrants for
which any revenues of such municipal water works system have
heretofore been pledged.
Section 6. The form of said bonds and coupons shall be
substantially as follows:
UNITED STATES OF AMERICA
STATE OF WASHINGTON, COUNTY OF CLALLAM, CITY OF PORT ANGELES
NO.
MUNICIPAL WATER WORKS ELWHA RIVER Ex'i'ENSION BOND,1929.
KNOW ALL MEN BY THESE PRESENTS: That the City of Port
Angeles, in the County of Clallam, State of Washington,
is justly indebted and for value received hereby promises to
pay to the bearer, or, If registered, to the registered
holder hereof, on the day of , 19 , the
principal sum of Dollars, with interest thereon at
the rate of per cent per annum, payable semi - annually
on the first days of and in each year, upon
the presentation and surrender of the annexed interest
coupons. Both principal and interest of this bond are payable
in gold coin of the United States of America of the present
standard of weight and fineness, at the Fiscal Agency of the
State of Washington, in the City and State of New York, or
at the office of the City Treasurer of the City of Port
Angeles, at the option of the holder, solely out of the
special fund of the City of Port Angeles known as "Municipal
Water Works Elwha River Extension Bond Fund, 1929" which fund
can be used for no other purpose than the payment of principal
and interest of the issue of bonds of which this is one. The
said fund has been created and the said issue of bonds authorized
by Ordinance No. , approved , 1929,
and ratified by the qualified voters of said city at a
special election regularly held thereon on
1929.
Said ordinance provides for the semi- annual payment into
the said fund from the gross revenues of the entire water
works system of the City of Port Angeles, including any
additions or betterments to, and extensions of, said system
which may be hereafter acquired or constructed, of
sufficient funds to meet the principal and interest of
said bonds as they fall due. The City of Port Angeles
hereby covenants with the holder of this bond that it
will keep and perform all the covenants and promises in
the said ordinance contained, to be by it kept and
performed. The City of Port Angeles and its corporate
authorities have provided for the payment of the amount
or proportional part of the revenues of the municipal
water works system previously pledged as a fund fb r the
payment of bonds, warrants and other indebtedness, and
after having so provided, do hereby irrevocably obligate
and bind the City to pay from such gross revenues into
said special fund, thirty (30) days prior to the respective
dates upon which interest, or principal and interest, of.
the bonds of this issue shall become due, a sum equ l to
the amount of such interest, or such principal and interest,
as the case may be, even though the balance of such gross
revenues thereafter remaining may be insufficient to pay
the cost of maintaining and operating said system and
said additions, betterments and extensions.
The City of Port Angeles further binds itself to establish
from time to time and maintain such rates for water as will
provide sufficient revenues to permit the payment into such
special fund of the said sums which the, city has pledged
to be set aside for the payment of interest, and principal
and interest, as provided in said ordinance, to be applied
to the payment of principal and interest of the bonds
authorized by said ordinance, until such bonds have been
paid in full.
This bond is one of an issue of bonds not exceeding
Five Hundred Thousand($500,000.00) Dollars known as "Municipal
Water Works Elwha River Extension Bonds,1929" issued
or to be issued by the City of Port Angeles under the
authority of the laws and Constitution of Washington, and,
particularly Chapter 150 of the laws of Washington, 1909,
as amended, for the purpose of providing funds for
additions and betterments to and extensions of, the
municipal water works system of said city, and this bond
has been issued in full compliance with said laws and
Constitution.
This bond is subject to registration as to principal,
or as to both principal and interest, in accordance with
the provisions endorsed hereon.
It is hereby certified and recited that all acts,
conditions and things required to be done precedent to,
and in the issuance of this bond have happened, been done
and performed as required by law.
IN WITNESS WHEREOF, the said City of Port Angeles, by
authority of its City Commission has caused this bond to
be sealed with its seal, signed by its Mayor and attested
by its City Clerk, and has caused the coupons annexed
hereto to be signed with a facsimile of the signatures
of said officers, all as of the day of
Attest:
NO.
192
City Clerk.
(FORM OF COUPON)
On 19. the City of Port
Angeles, Washington, will pay to bearer at the office of
the City Treasurer of the City of Port Angeles, or at the
Washington Fiscal Agency in New York City
Dollars, in gold coin, solely, from the special fund known
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as "Municipal Water Works Extension Bond Fund, 1929,"
said sum being six (6) months, interest due that date on
Municipal Water Works Extension Bond, 1929, of the City
of Port Angeles, dated and numbered
Attest:
Mayor
City Clerk.
All bonds shall have endorsed thereon, suitable provisions
for registration..
The bonds maturing more than fifteen years after date shall
contain, in addition to the foregoing provisions, a suitable pro-
vision for the redemption thereof as provided in Section 4 hereof.
Section 7. A special election is hereby called to be held
in the City of Port Angeles in the several established voting
precincts therein on July Bo ,1929; At said election
there shall be submitted for ratification or rejection to the
qualified voters of said city. the plan or system herein specified
and adopted for the making of additions and betterments to and
extensions of the existing municipal water works system of said
city, and the issu ice of bonds as herein provided to provide funds
to pay therefor, and the proposition so submitted shall appear on
the ballot in substantially the following form:
Shall the City of Port Angeles, pursuant
to a system or plan therefor, specified
and adopted by Ordinance No. 15.
of said city, at an estimated cost of
$500,000.00 make the additions and
betterments to and extensions of its
existing municipal water works system
as therein described and known as
"Elwha River Water Extension Project,"
and for said purpose issue and sell its
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bonds in an amount not exceeding $500,000.00,
payable solely from the revenues of the
municipal water works system as provided in
said ordinance ?
In favor of above proposition
Against above proposition
Any voter who desires to vote in favor of said proposition
shall place an X in the square to the right of the words "In
favor of above proposition," and any voter who desires to vote
against said proposition shall place an X in the square to the
right of the words "Against above proposition."
Section 8. The polls of said election.shall be open at
8:00 o'clock a.m., and shall remain open until 8:00 o'clock
p.m. Notice of said election shall be given as required by
law and the City Clerk is hereby directed to give such notice.
The polling places in the various precincts of said city and
the election officials to conduct said election shall be
designated in accordance with law prior to giving of said
election notice and shall be stated therein.
Section 9. In the event the plan or system hereby adopted
and the issuance of the bonds herein authorized shall be
ratified by the voters of the city at said election, said
bonds shall be sold in such manner as the corporate aoithor-
ities shall deem for the best interests of the city, or said
corporate authorities may provide in any contract for the
construction and acquisition of the proposed improvement
that payment therefor shall be made only in such bonds at
par value thereof.
Section 10. This ordinance is declared to be urgent and
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necessary for the immediate preservation of the public peace,
health and safety of the inhabitants and people of said
city of Port Angeles, and shall take effect and be in force
immediately upon and from and after its passage, approval and
lawful publication. This ordinance shall be published once
in the Port Angeles Evening News.
Passed first reading by the City Commission June .Z ,1929.
Passed second reading by the City Commission July 3 ,1929.
Passed third reading and adopted by the City Commission
at a regular meeting thereof July �J , 1929.
Approved and signed by the Mayor this 3 day of
July, 1929.
Attest:
t ":,pypproved as to f
r e�"` City Attorney
Date of Publication
July Z 1929.
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