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HomeMy WebLinkAboutO-0310 - Plan to increase waterworks (Special))1-' •.",,,,-_~.,c,. ""~L'"!; ,v.0/0ORDINANCEr~ An ordinance providing for the acquiring,construction, and maintai~ing of a water works system for the Town of Marysville,Washington,and i.ts inhabitants,by amplifying, bettering and supplementing the present system and specifying and adopting a system or plan for the acquisition by said Town of said supplementing system;declaring the estimated cost thereof as nearly ai3 may be,and submitting to the voters said system or plan and the question of authorizing the issuance of special water works revenue bonds in the sum,of Seventy-five Thousand Dollars ($75,000.00),to be amplified by a Federal Aid grant in the sum of Seventy-one Thousand Twenty-six and 80/100 Dollars ($71,026.80),Fifty-six Thousand Twenty-six and 80/100 Dollars ($56,026.80)of said sum to be provided by the Federal Emergency Administration of Public Works (P.W.A.)and Fifteen Thousand Dollars ($15,000.00)by the Works Progress Administration (W.P.A.),and to provide for the payment of said revenue bands.all to be submitted as aforesaid to the qualified vaters of the said Town,for ratification at special election held at the time of the Primary Election,September 13th, 1938. WHEREAS the corporate authorities of the Town of Marysville, Washington.deem it advisable that said Town shall construct, condemn,purchase,acquire,conduct and operate a water works and supplementary system within and without its limits.for the purpose of furnishing said Town and the inhabitants thereof and other persons with an ample supply of water for all uses and purposes.public arid private,including water power and other power derived therefrom.with full power to reg~la~e and control the use,distribution and price thereof, NOW,THEREFORE,IT IS ORDAINED BY THE COUNCIL OF THE TOWN OF MARYSVILLE: Section 1:That the Town Counci~of the Town of Marysville, Washington,hereby proposes and specifies and adapts the follow- ing system or plan for the supplementing of its present water works system. That the said Town Council acquire by purchase,condemnation or otherwise,all lands,rights-of-ways,water,water rights, easements.franchises,priVileges and properties,including riparian rights necessary and convenient for the construction, operation and maintenance of an intake or headworks at what are , / ---" -1'" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 oal1ed and known as Lakewood or Edward Springs,looated in, under and upon: The Southwest Quarter (S.W.t)of the Southwest Q1.1arter (s.W.t)of Seotion Twenty-four (24), Township Thirty-one (31),North of Range Four (4), East of the Wi11amette Meridian, and divert and oonduot the water therefrom through an adequate suppiy pipe running in a general Southeasterly direction,a distance of apprOXimately 9.28 miles to said Town,discharging such water into an existing tank in said Town,together with the acquisition and construction .of all gages,houses,structures, bridges,conneotions,pipe lines,dams,headworks,tanks,towers, applianoes and equipmentsneoessary in oonnection therewith; that the estimated oost thereof is hereby declared,as near as may be,to be the sum of One Hundred Forty-six Thousand Twenty- six and 80/100 Dollars ($146,026.80). That for the purpose of providing funds to pay the cost thereof,the Town of Marysville hereby proposes to issue special water works revenue bonds in the sum of Seventy-five Thousand Dollars ($75,000.00),and to aooept a Federal grant in addition thereto in the sum of Seventy-one Thousand Twenty-six and 80/100 Dollars ($71,026.80),Fifty-six Thousand Twenty-six and 80/100 Dollars ($56,026.80)of said sum to be provided by the Federal Emergenoy Administration of Publio Works (P.W.A.)and Fifteen Thousand Dollars ($15,000.00)by the Works Progress 25 II Administration (W.P.A.);the said speoial water works revenue 26 27 28 29 30 31 32 PHIL G.WARNOCK LAWYER 20.6·207 COLBY BLDG. MAIN 431 EVERETT.WASH. bonds to be payable solely from the revenue of said water works, all as hereinafter more partioularly set forth. Said special water works revenue bonds shall bear interest not exceeding five per cent.per annum,payable semi-annually, shall mature serially in the order of their n~bers,lowest number first as follows: -2- " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .25 26 27 28 29 30 31 32 PHIL G.WARNOCK LAWYER 206·207 COLBY BLDG. MAIN 431 EVERETT,WASH. (ALL ONE THOUSAND DOLLAR BONDS) YEAR OF BONDS NUMBERED AMOUNT MATURITY 1939 1 $1000.00 40 2:,3 $2000.00 41 4,5 $2000.00 42 6,7,8 $3000.00 43 9,10,11 $:3000.00 44 12 to 15 inc.$4000.00 45 16 to 19 inc.$4000.00 46 20 to 23 inc.$4000.00 47 24 to 27 inc.$4000.00 48 28 to 31 inc.$4000.00 49 32 to 35 inc.$4000.00 50 36 to 39 inc.$4000.00 51 40 to 43 inc.$4000.00 52 44 to 47 inc.$4000.00 53 48 to 51 inc.$4000.00 54 52 to 55 inc.$4000.00 55 56 to 60 inc.$5000.00 56 61 to 65 inc.$5000.00 57 66 to 70 inc.$"5000.00 58 71 to 75 inc.$5000.00 Shall be payable,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 Town of Marysville may by ordinance prescribe; but solely from a special fund hereby created for that purpose to be known as "Marysville Supplementary Water Works Fund,". into which fund,in the event said bonds be issued,said Town -3- 1: 2 3 4 5 6 7 8 hereby ir1evoCablY binds and obligates itself to set aside from the gross revenues of said water works and suppmementary water works from time to time,as required,certain fixed amounts without regard to any fixed.proportion of such revenues.suffi- cient 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 water works and all additions,enlarge- 9 ments and extensions hereafter made.In creating such fund the 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Town Couneil hereby declares it has exercised due regard to the cost of operation and maintenance of said water works;that no portion of the revenues of the same have been previously pledged for the payment of any other bonds,w~rrants or other indebted- ness.and that it has not hereby bound and obligated said Town to set aside into such special funds a greater amount of said revenue and proceeds of said water works than in their judgment will be available over and above the cost of maintenance and operation. Said Town hereby irrevocably binds and obligates itself not to sell,lease or in any manner dispose of said water works, including any additions,extensions or betterments.hereafter made thereto until all such bonds,with "interest thereon.shall have been paid in full.hereby consenting and agreeing to and with the holders of said bonds.to maintain in good condition and operate said water works.and to establish and maintain rates for water sufficient to produce the gross revenue required 28 to meet the obligations of said Town as herein set forth.That 29 30 31 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 water 32 nworks system,as hereinbefore set forth,may be applied in part PHIL G.WARNOCK LAWYER 206-207 COLBY BLDG. MAIN 431 EvERETT,WASH. -4- , .: ]j 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 PHIL G.WARNOCK LAWYER 206-207 COLBY Bl.DG. MAIN ,431 EVERETT,WASH. , " .,:, payment of the cost of construction of the distribution syst~m to be used in connection with said water works and supplementary system. Section 2:A special election shall be held in the Town of Marysville on September 13th,1938,at which election there shall be submitted to the qualified voters of said Town for their ratification or rejection,the system or plan proposed, specified and adopted and including the issuance of said Seventy-five Thousand Dollars ($75,000.00)revenue bonds,and the accepting of a Federal grant in the sum of Seventy-one Thousand Twenty-six and 80/100 Dollars ($71,026.80),Fifty-six Thousand Twenty-six and 80/100 Dollars ($56,026.80)of said sum to be provided by the Federal Emergency Administration of Public Works (P.W.A.)and Fifteen Thousand Dollars ($15,000.00) by the Works Progress Administration (W.,P.A.),all as set forth in Section 1 of this Ordinance.'Ten days notice of such election shall 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 polls shall be open from 8:00 o'clock A. M.to 8:00 o'clock P.M. The proposition hereby submitted shall appear upon the ballots used in 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-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 Lakewood or Edwards Springs, located in,under and upon the Southwest Quarter (s.w.i)of the Southwest Quarter (s.w.i),of Section Twenty-four (24),Township Thirty-one (31) North of Range Four (4)East W.M.,and divert and conduct the waters therefrom through an adequate supply pipe running in a general southeasterly direction a distance of approximately 9.28 miles to said Town,discharging such waters into an existing tank or tanks in said Town,together with the -5- ';!. 1 2 3 4 5 '6 7 8 9 10 11 a~quisition and construction of all gages,houses, structures,bridges,connections,pipe line,dams, headworks,tanks,towers,applian.ces and equipments necessary in connection therewith,at an estimated cost,as near as may be,of One Hundred Forty-six Thousand Twenty-six and 80/100 Dollars ($146,026.80); a Federal grant will be accepted in the sum of Seventy-one Thousand Twenty-six and 80/100 Dollars ($71,026.80),Fifty-six Thousand Twenty-six and 80/100 Dollars ($56,026.80)of said sum to be prOVided by the Federal Emergency Administration of Public Works (P.W.A.)and Fifteen Thousand Dollars ($15,000.00)by the Works Progress Adminis- tration (W.P.A.),and for the purpose of providing funds to pay the cost thereof there will be issued by said Town seventy-five Thousand Dollars ($75,000.00) water works revenue bonds,bearing interest not ex- ceeding five per cent.per annum.payable semi-annually, maturing serially in the order of their numbers,lowest numbers first as follows: bearing such date and executed in such denominations,form and manner as the Town Council may by ordinance prescribe and payable both principal and interest at the Fiscal Agency of the State of Washington,New York City,solely from a special fund known as "MARYSVILLE SUPPLEMENTARY WATER WORKS FUND"into which fund said Town irrevocably binds and obligates itself to set aside from the gross revenue of said water works,from time to time,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 water works,and all enlargements,additions and extensions hereafter made;that any portion of the bonds or the proceeds of the sala thereof,authorized to be issued (ALL ONE THOUSAND DOLLAR BONDS)12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 YEAR OF MATURITY 1939 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 BONDS NUMBERED 1 2,3 4,5 6,7,8 9,10,11 12 to 15 inc. 16 to 19 inc. 20 to 23 inc. 24 to 27 inc. 28 to 31 inc. 32 to 35 inc. 36 to 39 inc. 40 to'43 inc. 44 to 47 inc. 48 to 51 inc. 52 to 55 inc. 56 to 60 inc. 61 to 65 inc. 6&to 70 inc. 71 to 75 inc. AMOUNT $1000.00 $2000.00 $2000.00 $3000.00 $3000.00 $4000.00 $4000.00 $4000.00 $4000.00 $4000.00 $4000.00 $4000.00 $4000.00 $4000.00 $4000.00 $4000.00 $5000.00 $5000.00 $5000.00 '$5000.00 PHIL G.WARNOCK LAWYER 20-6-207 COLBY BLDG. MAIN 43f EVERETT,WASH. -6- •'1 '.J /. 1 2 3 4 herein which may not be required to pay the cOst of the acquiring and construction of the water works system as hereinbefore set forth,shall be applied in part payment of the cost of the construction of the distribution system,to be used in connection with said water works and supplementary system,all as set forth in Ordinance No.J /0 of said Town. 5 6 7 IN FAVOR OF ABOVE PROPOSITION AGAINST ABOVE PROPOSITION , ,'_.,,'-_. 8 9 10 11 12 13 14 15 16 17 18 19 Every voter at said election desiring to vote in favor . of.said proposition shall mark an "x"in the square opposite, "'IN FAVOR OF ABOVE PROPOSITION",and every voter desiring to vote against said proposi tion shall mark an "x"in the .squar-e opposite "AGAINST ABOVE PROPOSITION.II In the event a majority of the qualified voters of said Town,voting at said election,upon said proposition,shall vote in favor thereof,such vote shall constitute and be an adoption of the proposition and said Town shall be authorized to carry out,said system or plan,to acce pt-said Federal Grant and issue said bonds to provide funds to pay the cost thereof. Section 3:This ordinance shall take effect from and' 20 after its passage,approval and due pUblication in the manner 21 and for the time provided by law. 22 23 24 25 26 27 28 ~d::3~ MAYOR ATTEST: 'JJJ:'~ TOWN CL PASSED:AUGUST YV;1938, APPROVED:AUGUST ,1938 • . 29 I Published in the Town Official newspaper on August 25, 30 1938,September 1,1938,and september 8,1938. 31 32 -7- PHIL G.WARNOCK LAWYER 206-20·7 COLBY BLDG. M ....IN 431 EVERETT .WASH~