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HomeMy WebLinkAbout0875• • • 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 -1- 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 a=====-11====-water r p.e ; .. oil ►S {[K' f. 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 -2- 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. -3- 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. -4- s 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 -5- 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 -10- 1 • • • 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 -11- 1 • • • • 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 -12- 1 • • 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. -13- • v. • •