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HomeMy WebLinkAboutO-0228 - Bond issue for water department (Special)235 oRDINAlJCE No.228. "WATER SYSTEM ...BONDS: AN ORDINANCE providing for the issuance of $41,000.00 in general negotiable coupon water bonds,and ~43,000.00 in special revenue waterbond!3,in accordance witn the proposi tion,submitted by Ordinance No .226.of the'J:own of Marysville,Washington,passed April 11th,1921,to the voters of said i'own at a special elect- ion held therein on the lOth day of May,1921,and adopted by said voters at said election;pr-ov rd Lng for the form and tenor of such bonds,the date thereof and the order of retiring the same and the payment of the principal and interest thereof and estab- lishing a fund for the payment of the principal and interest of such bonds. WHEREAS,at a special election,held in the TOwn of Marysville, Washington;on the lOth day of May,1921,under and pursuant to Ordinance No.226.of said ~own,passed April 11th,1921,more than three'::fifths of the qualified voters of said 'J:own voting at said electieu,voted in favor of the proposition,as provided for by said Ordinance;now,therefore, bElT ORDAINED BY THE COUNCIL OF THE TOWN OF MARYSVILLE,WASHING'I'ON, as follows: SECTION 1.That the Mayor and Clerk of said 'I'own of Marysville be and they are hereby authorized and directed to issue general negoti- able coupon water bonds of the said .rown in the sum of :jp41,000.00, bearing interest at the rate of 6%Per cent,per annum,payable semi- annually,evmdenced by interest coupons,said bonds to be o~the de- nomination of i500.00 each and to be numbered consecwtively from one (1)to (82)inclusive,and to be dated July 1st,1921,which said bonds shall mature seri)fally in the order of their numbers,lowest numbers first,as follows: $5,000.00 Bonds numbered,1 to 10,inclusive,shall be payable,July 1,-32. 4,000.00 Bonds numbered,ll to 18,inclusive,shall be payable,July 1,-33. 4,000.00 Bonds numbered,19 to 26,inclusive,shall be payable,July 1,-34. 4,000.00 bonds numbered,27to34 inclusive,shall be payable,July 1,-35. 4,000.00 Bonds numbered,35 to 42,inclusive,shall be payable,July 1,-36. 4,000.00 bonds numbered,43,tb 50,inclusive,shall be payable,July 1,-37 • 4,000.00 Bonds numbered,51 to 58,inclusive,shall be payable,July 1,-38. 4,000.00 Bonds numbered,59 to 66,inclusive,shall be payable,July 1,.,.39. 4,000.00 Bonds numbered,67 to 74,inclusive,shall be payable,July 1,-40. 4,000.00 Bonds numbered,,75to 82,inclusive,shall be payable,July 1,...41. shall be payable,both principal and interest,at the fiscal agency of the dtate of Washington in ~ew York City,and to be payable from the proceeds of an annual tax lev'ied each year upon the taxable property of said ~own of Marysville within the limits of said ~own,as follows: ,There Shall be levied each year a tax upon'the taxable property of ",the '.town of Marysville,wi thin the limits of said 'l'own,which shall,be ,sUffici~nt to pay the interest on said bonds as the same accrues;and before seven l7)years prior to the several maturities of the said bonds there shall be levied annually a tax sufficient to create a sinking fund for the payment of the principal of said bonds at maturity thereof, respectively;which taxes shall become due and collectible as other taxes. SECTION 2.~hat the said general bonds hereby authorized to be issued shall be in substantially the following form: No. UNITED STA'I1ES,of AMERICA STATE of WASHINGTON COUNTY of ;:;NOHOMISH TOVr.N of WUffiYSVILLE GENERAL WATER SUPPLY BOND. $500.00 I I \ I I------------------ 236 KNOW ALL MEN BY THESE PRESENTS,that the 'town ,of lilarysville,a municipal coriboration organized and existing under and bY,viture Of the,Laws of the state of Washington,acknowledges itself indebted,and for value received,promises no pay to bearer,the sum of .lrive Hundred ($500.00) Dollars on,the first day of July,, wi thinterest thereon from date at the rate of six per cent,(6%)per annum,payable semi-annually on the first days of January and Jy:ly in each year ,as eyiden(:ed by and upon the presentation arid surrender of the annexed interest coupons as they severally become due;both principal and interest 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,Washing- ton in the City ,and State of ~ew York. This bond is one of a series of eighty-two (82)bondEiof like date,tenor and amount,numbered respectively from one ll)to eighty- tVfo (82)both inclusive"aggregating the sum of forty-orw 'J,'housand ($41,000.00),issued for the purpose of constructing a supply pipe line and obtaining a supply of water from what are ,called .and known as the Lakewood Or ~dwards Springs and conveying the same by gravity for the use of said ~own and its inhabitants,together with ,the acquisition and construction of all gates,,houses,struetures,bridges connections,pipe lines,dams,headworks,tanks,towers,appliances and equipments necessary in connection therewith~:under and by vitue of the power in saidJlown vested and under and pursuant to and in strict conformity with the vonstitution and statutes of the state of washington,and the general law of the said state appli~able to the incorporation of Cities or TOwns of the fourth class,and under authori ty of and pursuant to the vote of three-fifths of the qualif'ied vo t er-sot'said 'l',own voting at a special election held Jl1ay·· 10th,1921,and pursuant to urdinance 1~0.226 of said 'l'own,a full copy Of said Ordinance being printed on the back ner-ecr ,andjsa Id :J.'own of MarYsvil,lefor the tturther assurance of the purchaser,of this bond,and of each suc ce as ree holder thereof,hereby finds, declares,and covenants that the same is issued in strict compliance with the Laws of the state of Washington,authoriZing towns of the fourth class to become indebted,printed on the back of thisb.ond with the general law of said state under,which sa Ld vrown is Lncor-por-a t~ ed,and saId Ordinance fiO.226,and that all acts,things,ele()t(ions, orders',ordinances,resolutions and conditions precedent to th:e>right of the said J'own of MarySVille to issue and deliver this.bond,as pre- scribed by said Laws and Urdinances,have happened,existedandbeend done and performed prior to the issu.ancehereof;that this bon~)is .." issued for the stri()t:ly municipal purposes of said rown ,and th~t..~ts issue does nCltviolate ailycondition,provision or limitation in the uons td bution or Laws of the State of u1ashington,and that this:bond represents a legal,valid and binding obligation of said Town.~he full faith,credit,and resources of said 'J:own of Marysville are hereby pledged ,for the prompt and punctual payment of the principal ,and inter- est of this bond. IN WITNESS WHEREOF,the Town Qf Marysville has caused this bond to be signed,by,the Mayor of said,1,'own andatj;eJii1;eiiieby the Clerk thereof unae r the seal of said TOwn and the coupons hereto a t1;acped to b<;lsigned with the lithographed signatures of said officers and the seal of said 'Fown"in fac-si1ll'llilie;and this bond to be dated the first day of July,1921; (S E A L ) Town of MarYSVille,Washington, By.John hilton,Mayor. ATTEST:W.S.Myers,~ownClerk. The interest coupons attached to said bonds shall be in>sub_ stantially the following form,except as to dates of payment: No.$15.00 On the first day of ,19 ,the Town of Marysville,a municipal corporation in the State of Washington,will pay to the bearer at the Fiscal Agency of the State of Washington,in the City and State of New York,the sum of Fifteen ($15.00)Dollars,in gold coin of,the United States of America,being the semi_annual interest then due on its General Water Supply Bond,dated July lst,192l,No._ Town of MarYSVille. (SS A L ) ~~~~~~~~~~~~~--~~~~~._._-----_.~-~._~..~~~~~.~~~~~~~ 237 ORDINANCE No.228.(Cont'd). By.John Hilton -Mayor. ATTEST:W.S.Myers~Town Clerk. SECTION 3.That the Mayor and Town.Clerk'of the Town of Marysville be and they are hereby authorized and directed to 'issue special water revenue fund bonds of said 'll'own of Marysville ,in the sum of $43 ,000. bearing interest at the rate.of six per cent,(6%)per annum,pay-' ablesemi-a=ually,evidenced by interest coupons,said bonds to be of the denomination of $500.00each,and to be numbered consecutively from.lto 86 both Lnc Luat ve ,and to be dated July,1921;(1st);said bonds,both p r Lnc LpaL and interest,to be payable out of the "MAl'ysvilleSpecial Waterworks Fund,"into which fund said Town hereby irrevocably binds and obligates itself to.set aside from the gross revenue of said wa,terworks from time to time,as r,e-. qui.r-ed,certain fixed amounts,without regard to any fixed propor- tion·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 revenues of such waterworks,and all additions, enlargements,and extensions hereafter made.fhe principal of said bonds to be payable as follows: $l,OOO.bonds numbered 1 to 2,inclusiv:e,shall be payable July 1st,-24. 1;000 bonds numbered 3 to 4,inclusive,shall be payable July 1st,-25. 2,000 bonds numbered 5 to 8,inclusive,shall be payable July 1st;-26. 2,000 bonds numbered 9 to 12 inclusive,shall be payable July 1st,-27. 2,000 bonds numbered13 to 16 inclusive,shall be payable July 1st,..,28. 2,000 bonds numbered17to 20 inclusive,shall be payable July 1st,-29. 2,000 bonds numbered21 to 24 inclusive,shall be payable July 1st,-30. 2,000 bonds numbered25 to 28 inclusive,shall be payable July 1st,-31. 2,000 bonds nUillbered29t 0 32 inclusive,shall be payable July 1st,-32. 3,000 bonds numbered3l3 to 38 inclusive,shall be payable July 1st,-33. 3,.000 bonds numbered39 to 44 inclusive,shall be payable July 1st,-34. 3,000 bonds numbered45to 50 inclusive,shall be payable July 1st,-35. 3,000 bonds numbered5l to 56 inclusive,shall be payable July 1st,-36. 3,000 bonds numbered57to 62 inclusive,shall be payable July 1st,-37. *3,'000 bonds numbered 63to 68 inclusive,shall be payable July 1st,-38. 3,000 bonds numbered69 to 74 inclusive,shall be payable July 1st,-39. 3,000 bonds numbered75 to 80 inclusive,shall be payable JUly 1st,-40. 3,000 bonds numbered81 to 86 inclusive,shall be payable July 1st,,.41. both.principal and interest of said bonds to be payable at the fiscal agency of the'State of Washington,in the City and state of New York. *{Note:.Bond No. 66 for Five HUndred $500.00 Dollars withdrawn, December 4th,1929,ffom investments and marked paid by Albert Helander,State Examiner.}. SECTION 4.That said Marysville Special Water Revenue Fund Bonds hereby authorized to be issued shall be in substantially the follow- 1 ingform except as to dates'of payment;. ! UNITED STATES of AMERICA STATE of WASHINGTON COUNTY of SNOHOMISH SPECIAL WATER REVENUE FUND BOND TOWN of MARYSVILLE,WASHINGTON KNOW ALL MEN BY THESE PRESENTS,That the 'l'own of Marysville,a mun- icipal corporation organized and existing under and by viruue of the Laws of the State of Washington,acknowledges itself indebted,and for value received,promises to pay to the bearer the sum of Five Hundred ($500.00)Dollars on the first day of July,19 .'.,together with interest thereon,until paid,at the rate of six per centum, per annum,payable semi-annually,on the first day of January and J~ly,in each year,as evidenced by mnd upon the presentation and surrender of the annexed interest coupons as they severally become fI ) No.•$500.00 I 238 due,both principal and interest payab~e in gold .cotnof 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 of New York,both.principal and interest payable out of the revenues of the water supply system of the said Town of Marysville,as pro- vided in Ordinance No. 226 of said 'l'own,passed,Aprilllth,1921, and Ordinance No.228 of said'l'own,passed,August 15th,1921,a.nd the Town Treasurer of said Town is hereby directed to pay the same as herein provide~.'. .This bond is.one of a series.of bonds aggregating the sum of Forty-three Thousand ($4~,000.O,O)Dolla,rs,nUlllbe~ed respectively from One (1).to Eighty-six (86),of like date,tenor and amount, which issue was authorized by the voters of said :I.'own ata special election,held IvIaylOth,1921,pursuant to Ordinance No.226,of Said Town,and is issued pursuant to Orqinance NO.228 of.SAid Town, a full copy of said Ordinance No. 226 being printed on the back hereof:issued~the purpose of constructing a supply pipe line arid ob~iwDngm supply of water from what are called and known as the Lake~.or Edwar.ds Springs and conveying the same by grallety for the use of said Town.and its inhabitants,together .with the acquirsition and construction of.all gates,houses,bridges,connect- ions,pipe line,dams,~eadworks,tanks,towers,appliances and equip- ments necessary in connection therewith. This bond is payable only out of the special fund called,"Marys- ville Special Waterworks Fund,"created by said Ordinance No. 226,.which fund is to be drawn upon for the sole pnnpose of paying the principal and interest of said bonds....< . The said Town of Marysville hereby irrlilvocably binds.and obligates itself to set aside from.the gross revenue of said waterworks from time to tllle,as required,certain fixed amounts,without regard to any fixed proportion of such revenues,suffi()ent to pay the principal.and interest of said bonds as the same become due,which amounts so pledged are here- by made and shall continue to be a first and prior lien and charge upon the gross revenues of such ~aterworks,and all additions,enlargements and extensions hereafter made,and.it$is further expressly .coltenanted by the said Town of·Marysvilletha t any future indebtedness which may be created and payable out of the revenues of said water system.shall con- stitute a junior lien to that of this issue of !:londs.I ncree.t~ng such fund.the Town Council .afsaid 'rown of Marysville hez-eby declares i.t has exercised due regard to .the cost of operation and maintenance .or said waterworks;that no portion of the revenues of the same have been previously pledgeq.for the payment of any other bonds,warrants or other indebted- ness,and that it has not hereby,bound and obligated said ~own to set aside into such special fund a greater amount of the revenues and proceeds of such waterworks than in their jUdgement will be ava i Lab Le.,over and above such cost of maintenance and operation. Said Town hereby irrevocably binds .and obligates itself ,i not ito sell,lease or in any manner dispose of said waterworks.,including any additions,extensions,or betterments herea,fter made thereto.until a,ll such bonds,with interest thereon,shall havebwen paid in full,hereby covenanting and agreeing to and with the holders of said b,ondsto main- ..t ai n in good condition and operate said waterworks,and to establish and maintain rates and charges for water sui'ficient to produce the gross required to meet the obligations of said Town as herein set forth. It is he,reby declared that said bonds are issued pursuant to,and in strict compliance with Uhapter:150 of the Laws of the state of Washington for the year 1909 and the acts amendatory thereof,and of the Ordinance of said 'l.'own of Marysville,referred to in this bond and printed hereon and that all acts,things,elections,'ordinances, resolutions a,nd conditions precedent,precedent to the right to deliver and issue this bond as prescribed by said Statutes and Ordinance have pappened,existed and been done and performed prior to the issuance hereof •. IN WITNESS WHEREOF,the.~ownofmarysville has caused this Hond to be signed by its Mayor and.attested by its ~own Clerk and has caused its.coppprlilte seal to be hereunto M'fi~@d and the coupons hereto a tta()hed to be signed and sea Led with the 11 tho graphed signatures of said officers and the seal of this '~'own,infac-similie,this;lst day of .July,1921. 1 I 239.1 (SEA 1 ) ORDINANCE No.228,(Co~t'.<l)e , TOWN OF ~lliRYSVI11E By John Hilton Mayor ATTEST:. W.S.Myers,Town .CLERK The interest coupons attached to said bonds shall be in sub- stantially the following form,except as to dates of payment. INTEREST COUPON. No.$15.00. On the first day of ,19,the ~own of Marysville a municipal corporation of the State of Washington,will pay to bearer,at the fiscal agency of the State of Washington,in the City aftd State of New York,the sum of $15.00 in gold coin of the United States,the same being the semi~annual interest due that day on its special water Revenue ]'und Bond,dated,July 1st,1921, ~.! Mayor ATTEST: 'fOWN OF IvlARYSVI11EBY.",."..._/ (SEA L ) _____~Town Clerk. SECTION 5.The signatures of the Mayor and Town Clerk attached to said interest coupons may be lithographed or engraved fac- similie signatures of said officers and the corporate seal of said Town of Marysville on said interest coupons may be litho- graphed or engraved fac-similfe of said seal and such li5tho- graphed or engraved fac-similie signatures and seal shall be valid and binding,to all intents~nd purposes upon said TOwn of Marysville. SECTION 6.The Town Council of the Town of Marysville will provide annually by Ordinance or Hesolution for the levy and extension on the tax rolls of said Town,and for the collection thereof,of a direct tax upon all the taxable property within the limits of such Town,in addition to all other County,state or Town taxes,to be levied according to law,which shall be sufficient to meet the interest on all of said general bonds prolllptly,as the same matures,and before seven years prior to the maturity of any such bonds,an annual sink- ing fund sufficient for the payment of said bonds at maturity,and the said Ordinance or Resolution shall not be repealed until the levy herein provided for shall be fully paid,or the bonds,both principal and interest,shall be pa id and cancelled and no part of the monies or fund derived from the levy and collection of such.taz:as specified in this section shall be diverted to any other purpose than the pay- ment of the principal and interest on said bonds,and the faith, credit and property of said Town of Marysvilleare hereby pledged for the amnual levy and collection of such taxes and the regular payment of the semi-annual interest on said bonds and the payment of the principal of said bond atthe maturity thereof. SECTION 7.That the Town Treasurer shall keep a register of all said Bonds,which register shall show the number,date,amount,int~ terest,to whom delivered and when and where payable,of each and every bond executed,issued,delivered,or sold under the provisions of this Ordinance. SECTION 8.There is hereby created a special fund.to be called the "Marysville General Water B miD Fund,"into which said fund shall be paid the proceeds of the tax herein above mentioned in Section 6,and whi ch said fund is to be drawn upon for the sale pur- pose of paying the principal and interest of the general bonds 240 authorized by said Ordinance No.22.6.,.by the voters of said 'I'own of Marysville at said special election oflliay lOth,1921. SECTION 9.THIS Ordinance 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 Clerk PASSED,August 15th,1921, Approved,August 15th,1921. Published in the Town Official Newspaper,August 19th,1921, •