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HomeMy WebLinkAboutO-0226 - Acquiring and operating waterworks (Special) 227 Water system maps and plans (Special)231 ORDINANCE No.226. WATER SYSTEM: AN ORDINANCE providing for the acquiring,constructing and maintaining of a waterworks system for the Town of Marysville,Washington,and i~s inhabitants,specifying and adopting a system or plan for the acquisi- tion by said ~own of said waterworks system,declaring the estimated cost thereof as near as may be,and submitting said system or plan, and the question of authorizing the issuanoe of general bonds in the sum of $41,000 and special bonds in the sum of ;;P43,000 to provide for the payment thereof to the qualified voters of said town for ratifica- tion at a special election to be held therein on May 10,1921. VffiEREAS,the corporate authorities of the iown of Marysville,Wash- ington,deem it advisable that'said 'rown aha LL construe t,condemn,pur-- chase,acquire,conduct and operate waterworks within and without its limits,far the purpose of furnishing said Tovm and the inhabitants thereof,and any other persons,with an ample supply of water for all uses andpurposes,public.and private,including water power and other power ,derived'therefrom,with full power to regulate and control the use,distribution and price thereof. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE 'I'OWN OF MARYSVILLE: SECTION 1.That the T@Wll CoUncil of the Town of Marysville,Washing- ton,hereby proposes and specifies and adopts the following system or plan for such waterworks: That said Town acquire by purchase,condemnation and purchase,or otherwise,all lands,rightswof-ways,waters,water rights,easements, franchises,privileges and properties necessary or convenient for the construction,operation and 'maintenance of an intake or headworks at what are called and known as Lake)Mood or J:\dwards Springs,located in, under and upon the southwest quarter (S.W.il of the southwest quarter (S.W.i)of Section twenty-four (24),township thirty-one (31)north of range four '(4)East 'Ii .Iv!.,and divert and conduct the waters therefrom through an adequate supply ~ipe running in a general southeasterly d Lr-e e t Lon a distance of approximately eight and one-half (8~)miles to said 'I'own,discharging such waters into a storage and regulat ing tank of approximately 30,000 gallons capacity to be constructed in said Town, together with the acquisition and construction of all gaclJ.es,houses, structures,bridges,connections,pipe line,dams,headworks,tanks, towers,appliances and equipments necessary in connection therewith. That the estimated cost thereof is hereby declared,as near as may be,to be the sum of eighty-four thousand dollars.($84,000). That,for the purpose of pr ov Ld Lng funds to pay the cost thereof, the Town of IvIarysvillehereby proposes to issue its general negotiable couponbonds in the sum of forty-one thousand"dollars ($41,000),and special bonds payable solely from the revenues of said waterworks in the sum of forts-three thousand dollars ($43,000)as hereinafter more partHlularly set forth. Said general bonds shall bear interest not exceeding six per cent (6%)per annum,'payable semi-annually;shall mature serially in the order of their numbers,lowest numbers first,as follows:$5,000 'eleven years after date and $4,000 annually thereafter;shall be pay- able both principal and interest at the fiscal agency of the State of Washington in New York City,and shall bear such date and shall be executed in such denominations,form and manner as the uown Council may be ordinance prescribe. ,Said"$43,000 Waterworks Hevenue rsonds shall bear interest not exceeding six pars cent (,2%)per annum,payable semi-annually;shall mature serially in the order of their,numbers,lowest numbers first, as follows: 232 $1,090 three year~after date, 1,000 four years a~ter date, 2,000 five years after date, 2,000 six years after date, 2,000 seven years after date, 2,000 eight years after date, 2,000 nine years after date, 2,000 ten years after date, 2,000 eleven years after date, 3,000 twelveyears after date, 3,000 thirteen years after date, 3,000 fourteen Years after date, 3,000 fifteen years after date, 3,000 sixteen years after date, 3,000 seventeen years after date, 3,000 eighteen years after date, 3,000 nineteen years after date, 3,000 twenty years after date, shall bear such date and shal.I be executed in such denominations, form and manner as the,.rown Council may be ordinance prescribe,and shall be payable,both principal,and interest,at the fiscaJ"agency of the State of Washington in New York City,solely from a special fund hereby created for that purpose,to be known as "MAHYSVILLE WATEHWOHKS FUND",into which fund,in the event said bonds be issued, said TOWN hereby irrevocably binds and obligates itself to set aside from the gross revenues of said waterworks from time to time,as required,certain fixed amounts,without regard to any fixed pro- portion of such revenues,,sufficient to pay the principal and interest of said bonds as the same become due,which amounts so pledged are hereby made and shall continue to be a first and prior lien and charge upon the gross revenue~of such waterworks,and 'all additions,en- largements and extensions hereafter made. In creating such fund the Town Council hereby declares it has exercised due regard to the cost of operation and maintenance of said waterworks;that no portion of the revenues of the same have been previously pledged for the payment of any other bonds,warrants or other indebtedness,and that it has not hereby bound and obligated said Town to set aside into such special fund a greater amount ofthe revenues and proceeds of such waterworks than in their judgment will be available over and above such,cost of maintenance and oDeration.,, Said 'I'own hereby irrevocably binds and obligates itself not to sell,lease or in any manner dispose of said waterworks,including any additions,extensions ,or betterments hereafter made thereto un- til all such bonds,with interest thereon,shall have been paid in full,hereby covenanting and agreeing to and With the holders of said bonds to maintain in good condition and operate said waterworks,and to establish and maintain rates and charges for water sufficient to produce the gross revenues requiredtci meet the obligations or .sa t d Town as herein set forth..rhat any portion of the bonds,or the proceeds of the sale thereof,authorized to be issued,herein which may not be required to pay the cost of the acquiring and construction of the waterworks system as hereinbefore set forth may be applied in part payment of the cost ofthe con~truction of the di~tribution system to be used in connection with said waterworks. SECTION 2 •A special election shall be held in the .rown of Marys:- ville on May lOth,1921,at which election there shall be submitted to the qualified voters of said 'rown for their ratification or re- jection the system or pl/l,n proposed,specified and adopted,inclUding the issuance of said ~41,000 general bonds and said ~43,000 revenue bonds,all as set forth in section 1 of this ordinance.Ten days notice of such election shail be given in the MarySVille Globe,the official newspaper of said Town,by publication in each issue of such paper during said time.At such election the pools shall be ope4from 8 o'clock A.M.until 8 o'clock P.M. ,--------"---~~-"-------..;.! s ...'.=-.c.-.cc.>,-"~=.,.,"-"-,. '2a3 ORDIN~~OE No.226.(Gont'd) The propositionherepy submitted shall appear upon the ballots used at said election in substantially the following form: Shall the Town of Marysville,Washington,acquire by purchase, condemnation and.purchase,or otherwise,all lands,rights-of-way, waters,water rights,easements,franchises,privileges and proper- ties necessary or convenient for the construction,operation and maintenance of an intake or headworks at what are called and known as Lakewood or Edwards Springs,located in,·under and upon the southwest quarter (S.W.~)of the southwest quarter (s.W.i)of Section twenty-four (241,township thirty-one (31)north of range four (4)East W.Ni.,and divert and conduct the waters therefrom .through an adequate supply pipe running in a general southeasterly d Lr.ec t Lon a distance of app roxfma t e Ly eight and one-half (8t)miles to said~own,discharging such waters into a storage and regula~ing tank of apprOXimately 30,000 gallons capacity to be constructed in said Town,together with the acquisi t ibn and construction of all gates,houses,structures,bridges,connections,pipe lines,dams, headworks,tanks,towers,appliances and equipments necessary in connection therewith,at an estimated cost,as near as may be,of $84,000,and for the purpose of providing funds to pay the cost thereof issue: $41,000 general negotiable coupon bonds of said .rown,bear- ing interest not exceeding 6%per annum,payable semi- annually;maturing serially in the order of their numbers, ·lowes.t numbers first,~5,000 eleven years after date and $4,000 annually thereafter,and payable,both principal and interest,at the fiscal agency of the State of Washington in New York City.Said bonds to bear such date and to be ex- ecuted in such denominations,form and manner as the Town Council·shall by,ordinance prescribe,and $43,000 waterworks revenue bonds bearing interest not exceeding 6~ per annum,payable semi-ann~ally,maturing serially in the order of their numbers,lowest numbers first,as follows: $1,000 three years after date, 1,000 four years after date, 2,000 five years after date, 2,000 six years after date, 2,000 seven years after date, 2,000 eight years after date, 2,000 nine years after date, 2,000 ten years after date, 2,000 eleven years after date, 3,000 twelve years after date, 3,000 thirteen years after date, 3,000 fourteen years after date, 3,000 fifteen years after date, 3,000 sixteen years after date, 3,000 seventeen years after date, 3,000 eighteen years after date, 3,000 nineteen years after date, 3,000 twenty years after date, bearing such date and executed in such denominations,form and man- ner as the Town Council may by ordinance prescribe,and payable,both principal and interest,at the fiscal agency of the Stateof Washing- ton,in New York City,solely from a special fund known as "ldARYSVI1LE WATERWORKS FUND",into which fund said Town irrevocably binds and obligates itself to set aside from the gross revenues of said water- works from time to time,as required,certain fixed amounts without regard to any fixed proportion of such revenues sufficient to pay the principal and interest of such bonds as the same become due, which amount so pledged shall be and continue a first and prior lien and charge upon the gross revenues of such waterworks,and all en- largements,additions and extensions hereafter made;that any portion <;"';'1 234 of the bonds,or the proceeds of the .aaLe the.reor ,authorized to be issued herein which may not be required to pay the cost of the acq- uiring and construction of the waterworks system as hereinbefore set forth shall be applied in part payment of the cost of the construct- \,ion of the distribution sy~temto be used in connection with said waterworks,all.as set forth 1n ordinance ~o.226.:of said Town. IN FAVOR OF .ABOVE PROPOSITION AGAINST ABOVE PROPOSITION Every voter at said election desiring to vote in favor of said .proposition sha.l L mark an X in the square opposite,"IN FAVOR OF ABOVE PROPOSI1'ION",and every voter at said election desiring to vote against said proposi t ion shall mark an X in the square opposite, "AGAINST ABOVID PROPOSITION." In the event of three-fifths of.the qualified voters of said Town voting at said e Ie ctLon upon said proposition shall vote in v favor thereof such vote shall constitute and be an adoption of ~he proposition,and said Town shall be authorized to carry out said system or plan and issue said bonds to provide funds to pay the cost t h er-eof, SEOTION 3.This Qrd~nance shall take effect from and after its passage,approval and due publication,in the manner and at the time provided by law. John Hilton Mayor ATTEST: W.S.Myers Town Olerk ~~ PASSED,April 11th,1921 ~ Approved,Aprilllth,1921. Published in the Town Official newspaper on April l5th,19,21. ~