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HomeMy WebLinkAbout0531 OrdinanceORDINANCE NO. 531 AN ORDINANCE PROVIDING FOR THE MAKING OF CERTAIN ADDITIONS, EXTENSIONS,. BETTERIKENTS, ,AND IIMPROVEIb+lEr+.,'NTS TO THE EXISTING SEWAGE SYSTEM OF THE CITY OF PASCO, INCLUDING A SEWAGE TREATMENT AND DISPOSAL PLANT AND CONSIDERING AND IuIA.KING THE SAME AS A PART OF, AND BELONGING TO, THE INATER V7ORKS DEPART.ElENT AND SYSTEM OF SAID CITY:/ ADOPTING THE PLAN 'OF ALL THE FOREGOING IMORK, DECLARING THE ESTIIdATED COST -THEREOF: AUTHORIZING THE ISSUANCE AND SALE OF THE REVENUE.'BONDS OF SAID CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF $300:,000,30, PAYABLE ONLY OUT OF THE EARNINGS AND REVENUES OF SAID WATER` '1'lORKS SYSTEIM TO PROVIDE FUNDS WHEREWITH TO PAY THE COST AND EXPENSE OF ALL SAID WORKS, AND AUTHORIZING AND EIt�OWERING SAID CITY, 'y'I-IEN, AND IF, NECESSARY, TO PAY PORTIONS OF THE COST OF SAID WORK IN PART OUT OF REVENUES CHARGED AND COLLECTED FOR THE USE OF SAID SERVICE RENDERED BY THE SE,°MAGE_ SYSTEIJJ1 OF SAID CITY: AUTHOR- IZING THE SALE AND.DELIVERY-OF $125,000.00 OF SAID REVENUE BONDS AT THIS TIME, AND PRESCRIBING THEIR DENOMINATIONS, FIXED MATURITIES, RATES OF INTEREST AND RIGHTS OF PRIOR REDEI.�TION AND PRIOR CALL OF, AND"OTHER'DETAILS WITH RESPECT TO, SAID BONDS NOW TO BE ISSUED: CREATING A SPECIAL FUND FOR THE PAY:IENT OF SAID BONDS AND PROVIDING FOR THE .'FAKING OF PAYIENTS OF CERTAIN AMOUNTS AND PROPORTIONS ( OUT OF THE EARNINGS FAOM1 SAID UTILITIES) INTO SAID SPECIAL FUND FOR THE PAM,1ENT OF SAID BONDS AND INTEREST THEREON: AUTHORIZING CERTAIN COV- ENANTS AND AGREEIt,ENTS BY SAID CITY AND THE PRINTING THEREOF UPON SAID BONDS AND FOR THE PUBLICATION OF THIS ORDINANCE, AND THE EFFEC- TIVE DATE THEREOF. WHEREAS, the City of Pasco, Washington, has, for many years, operated, and is now operating, a municipally owned grater works utility and system for the purpose of furnishing to said. City and to the inhabi- tants thereof, and to all others legally entitled thereto under the_ laws of Washington, an adequate supply of water for d.omes.tie use, fire purposes, and all other purposes permitted by law; and, WHEREAS, it is the judgment of this City Council, and it is a fact, that the public health is being endangered by the inadequacy and in- sufficiency of the sewerage system now conducted by this City to dis- pose of the sewerage of said. City, and such danger to the public health may be abated and removed by the construction, installation, maintenance and operation of additions to the existing sewage system now conducted by said City and by the construction, installation, maintenance and operation of.a municipal plant for -the treatment and disposal of the sewerage of said city in connection with, and in combination with, said_ water works system;_ and WHEREAS, the said City is now discharging its raw and -untreated sewage collected by said existing sewage system into the waters of the Columbia. River, and the State Board of Health has ordered t�iis City to make such provisions as to take care adequately of the collection and disposition of its sewage by the construction and operation of an ade- quate sewage disposal plant, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1: The said existing sewage system, now existing and re - ferrel: to in the language preliminary to this section is, and shall be, and is hereby referred to as, the present sewage system of the City of Pasco; and the additions, extensions, betterments and improvements there- to, hereinafter specified, provided and ordained, shall be constructed, installed, and made by the City of Pa-sco, and,when thus constructed, made and installed, such additions, extensions, betterments and improve- ments shall be operated and maintained as a part of the municipal sewage system of said city, and there shall also be constructed and installed by said City, as a part of, and belonging to, said sewage system, the works, plant and facilities for sewage treatment and disposal as herein- after described; -all of which, when thus constructed, made and installed, shall be considered as a part of, and belonging to, the existing water works system of said City, and such additions, extensions, betterments and improvements, including the foregoing sewage treatment and disposal plant, shall be in fact an extension of, and a part of, the water works department system, and utility of the City of Pasco; and the cost and installation of all the foregoing additions, extensions, betterments, and improvements, including said sewage treatment and disposal plant, shall be chargeable to the water works system of said City and paid solely out of the earnings and revenues thereof, subject to the right and reservation expressed in Paragraph (c) of Section 7 hereof. For brevity and convenience all the foregoing additions, extensions, better- ments and improvements and said sewage treatment and disposal plant are referred to hereinafter as "Improvements". Section 2: The following Plan for the construction, making and installation of the foregoing "Improvements" is hereby adopted: There is an existing sewage system serving the.business dis- trict and other areas of the City of Pasco, which, as it now exists, -2- will be a part of, connected with, and maintained and operated as a part of, the remainder of the now planned general sewage system and sewage treatment and disposal plant now planned for construction and installation., The present sewage system above referred to col- lects the sewage in the areas tributary to it and such sewage mat- ter, raw and.untreated, flows into the Columbia River at a point beyond the main right of way of the Northern Pacific. Railway Company, as at present constructed and used. It is also intended as a part of the sewage construction plan to construct and install, and there will be constructed and installed, the following additional sewers, and parts thereof, all of which will be connected with the main trunk lines in the existing sei7vage system above referred to and described (as also shown, in part, as to streets, sewage mains and laterals upon the IVlap prepared by "John W. Cunningham & Associates", Consulting Engineers of Portland, Oregon, which has been adopted as the Tv'lap and Plan of that part of the sewage system about to be described and which is on file in the office of the City Clerk), viz: l.' Beginning at the intersection of West A Street and South 7th Avenue, thence South on South 7th Avenue to its inter- section with West B Street, thence East on West B Street to its intersection with South -6th Avenue; thence South on South 6th Avenue to its intersection with the alley running between West B Street anti West C Street; ' "thence East on said. alley to an intersection with, and emptying into, the existing main trunk line of the existing system, a sewage main will be con- structed Also there will be constructed and installed a connecting lateral from A Street to B Street along South 6th Avenue, and connecting with the foregoing main at the intersection of Sixth Avenue and West B Street. 2. A system of laterals will'be constructed in that part of the city of Pasco commonly referred to as Gray's East River- side Addition, and will empty into the foregoing collecting main trunk.connecting line at the intersection of South 5th Avenue and. Ainsworth Avenue, such laterals being described in detail as follows: Beginning at said-intersecti.on"running easterly along Ainsworth Avenue under the main line tracks of the Northern Pacific Rail - .way Company to the intersection of Ains.,i.7orth Avenue and. South First Avenue, together with the following laterals extending therefrom:- (a) herefrom:- (a) From Ainsworth Avenue to Washington Street southerly along South First Avenue, one block; (b) Southerly on South Second Avenue from Ainsworth Avenue to Washington Street and thence easterly on Washington Street for approximately one block; (c) Southerly on South Third Avenue from Ainsworth Avenue to Iffashington Street; (d) Southerly on South Fourth Avenue from Ainsworth Avenue to}Washington Street; (e) Southerly on Railroad Street from Ainsworth Avenue to Washington Street, thence easterly on Washington Street to South Fourth Avenue; and all of the foregoing laterals will inter-connect with a lateral to be constructed on Ainsworth Avenue to an intersec- tion with such lateral with the existing main trunk line at the intersection of Ainsworth Avenue and South Fifth.Avenue. Reference for a more detailed description ofsaid laterals is made to the foregoing Miap. 3. There shall be constructed a main trunk sewer beginning at the alley on Lucas Street one-half block South of Sylvester Street and thence South on Lucas Street to its intersection with the alley running easterly and westerly between Seattle Street and Hopkins Street to the south thereof; thence East along said alley to its intersection with the alley east of Lucas Street; thence South along said alley to its intersec- tion with Hopkins Street; thence East along Hopkins Street to the southeast corner of Hopkins Street and Grace Street, thence southeasterly along the alley to the West of South lith Avenue to its intersection with West Lewis Street; thence East on West Lewis Street to its intersection with South 11th Avenue; thence South on South 11th Avenue passing under the incline track of the Northern Pacific Railway Company to the intersection of South 11th Avenue and A Street-; thence East. on A Street to its intersection with the alley running be- tween South 8th Avenue and South 9th Avenue; thence South along the said alley to its intersection with Ainsworth Avenue; thence East along Ainsworth Avenue, running to its intersec- tion with the existing collecting trunk line above described and emptying therein at the intersection of Firth Avenue and Ainsworth Avenue; and in connection with the foregoing main or trunk sewer there shall also be constructed as tributary there- to, connected therewith and to drain sewage collected thereby into, said main or trunk sewer, the various lateral sewage lines as described on said iTiap, being described thereon as Laterals T5, T4, T3, T2,Tl,Al A2, A3, A4, A5 -and (collecting) 1111ain" A; and also Laterals Bl, B2, B3, B4, and Main B, and. the pumping station and "discharge" sewer pipe line, all as shown upon said Mlap in connection with the foregoing trunk sewer and tributary thereto. The sewage pump above referred to shall be located in a pump house which shall be acquired and constructed at or near the intersection of Washington Street end South 9th Avenue at approximately the location thereof set forth upon said -lap and shall consist of a Dry or Wet Pit Type Sewage Pumping Station, together with the necessary pump and pump house and discharge line for the purpose of raising the sewage from said point into the discharge pipe which shall connect with the main trunk sewer at the intersection of Ains,vorth Avenue and the alley between 8th and 9th Avenues in said city; and as the .foregoing is set forth also as to locations and size of pipe contemplated, as shown upon said. 'dap. 4. It is the intention, and there shall be constructed and installed, the following; -4- A trunk line sewer pipe line connecting with the existing system, near the intersection of .Vest Lewis Street and Tacoma Street extending under the tracks of the Northern Pacific Railway Company and running easterly on East Lewis Street to its intersection with Sycamore Street (or in the alternative, running from the_ intersection of East Lewis Street and 1k1ain Street South on IAIain Street to its intersection with East A Street; thence East along East A Street extending under the tracks of the Northern Pacific Railway Company, connecting with the existing system at the intersection of West A Street and South First Avenue with the truck extending on East Lewis Street to Sycamore Street), together with such laterals con- nected therewith as shall be necessary in order to take care of the sewage for that part of the City of Pasco commonly known as. the "East Side" and lying East of the main line tracks of the _Northern Pacific and Spokane, Portland and Seattle Railways. 5. It is the intention to construct, and there shall be con- structed, the following: A main lateral sewer pine line connecting with the existin system at the intersection of South First Avenue and West A Street, extending easterly on East A Street to the block be- tween Maitland and Lindsay Streets, together with the laterals connecting therewith as may be determined to best serve that part of the City of Pasco commonly known as the "Owen's Addi- tion" area. o, It is further proposed, as a part of the foregoing plan, to construct, and there shall be constructed and installed, a treatment and sewage disposal plant to be located and. described generally as follows: A plant for the treatment of sewage prior to its ultimate disposal in the.Columbie River, situated on blocks 40 and 41 of Riverside Addition to Pasco, Washington, or upon a site to be hereafter determined by tree City Council in conformity with the recommendations and requirements of the State of Washington Department of Health and the United States Corps of Engineers and the United States Public Health Service, and to be situated upon some convenient point near, or upon, the main outfall into the Columbia River of the above described sewer system. The nature of the treatment and sewage disposal plant will be in accordance with the requirements of the State Board of Health* The foregoing sewage, trunk, main and laterals above referred to shall be approximately the size and dimensions indicated by the foregoing 1.ap and as required by the sewage requirements and needs of the foregoing areas; and all of said sewage pipe lines shall be buried in the earth at a proper engineering depth and be constructed and installed in the usual manner. The foregoing Plan, as set forth above, is intendedto include all valves, appliances, connections and all other appliances customarily incidental to the construction of municipal sewage lines and sound engineering practice; and all of the foregoing, when.thus installed and constructed according to plan, shall be connected so as to drain the sewage from all the foregoing areas into said collecting sewer, whence all such sewage mat- ter collected by the City shall flow into the proposed sewage treatment and disposal plant, to the further end also that none of said sewage shall be permitted to flow into said Columbia. River. -5- Section 3: The costs and expense of all the foregoing has been con- sidered and determined by this City Council, and it is hereby declared that the estimated cost and expense of the construction and installa- tion of all the foregoing Improvements, as near as may be determined at this time, are, and will be, $300,000.00. Section 4: Upon and after the making, doing -and.. accomplishment of the foregoing work, the City of Pasco shall own, and continue to own, conduct, maintain, control, and operate said water works system and sewage disposal system as a municipally owned utility, and will charge to the customers and users of the facilities of such combined system and of either of them, reasonable rates for the rendition and furnishing of such service, which rates thus charged and to be collet- ted by the City for the foregoing service shall be as charges against the foregoing water works system for the furnishing and use of water therefrom, including therein a proper charge for the use of the facili- ties of said disposal system and for the benefit received therefrom; and the cost and expense of construction and installation of all the foregoing Improvements and of the cost of operation .and maintenance thereof, and the principal of and interest upon the Special Fund Bonds hereinafter authorized shall be paid. only out of the earnings and. reve- nues of the foregoing combined water works system. Section 5: In order to pay the cost and expense of all the fore- going Improvements and to acquire funds necessary for the payment of the cost and expense of construction and installation thereof, the City of Pasco shall issue and sell the Special_ Fund Revenue Bonds of said. City in the principal amount of $300,000.00, which bonds shall be issued in two or more series or issues, and there shall be sold and issued. at this time bonds in the aggregate principal amount of $125,000.00 dated March 1, 1944, and Which bonds shall run , for a term of twenty years from date thereof, shall be of the denomination of $1000.00 each, shall be payable, both principal and interest, solely from the revenues of said combined water -sewage system as thus improved; shall consist of r 125 bonds,.numbered from 1 to 125, both inclusive, of ,,which bonds,_ Bonds Nos. 1 to 44, inclusive, $44,000.00 in aggregate principal amount, shall bear interest at the rate of 22% per annum, payable semi-annually on -6- March 1st and September lst of each year; and Bonds Nos. 45 to 125, both inclusive, 81 bonds, aggregating $81,000.00 in aggregate princi- pal amount, shall bear interest at the rate of 3% per annum, payable semi-annually as provided above, and said bonds of $125,000.00 now or- dained to be issued, shall be numbered of the denomination, maturities and aggregate annual maturities, as set forth in the following Schedule: B OND SCHEDULE Bond Numbers (Inclu'sive) Denomination maturity Total 1 - 5 $1000.00 li1arch 1, 1946 $5000.00 6 - 10 1000.00 'Ltarch 1, 1947 5000.00 11 - 15 1000.00 Mar. ch 1, 1948 5000.00 16 - 20 1000.00 'March 1, 1949 5000.00 21 - 26 1000.00 I;iar ch 1, 1950 6000.00 27 - 32 1000.00 March 11 1951 6000.00 33 - 38 1000.00 March 1, 1952 6000«00 39 - 44 1000,00 March 1, 1953 6000.00 45 - 50 1000.00 March 1, 1954 6000.00 51 - 56 1000.00 IAarch 1, 1955 6000.00 57 - 63 1000.00 Larch 1, 1956 7000.00 64 - 70 1000.00 March 1, 1957 7000.00 .71 - 77 1000.00 March 1, 1958 7000.00 78 - 84 1000.00 March 1, 1959 7000.00 85 - 92 1000.00 March 1, 1960 8000.00 93 - 100 1000.00 March 1, 1961 8000.00 101 - 108 1000.00 I:.ar ch 1, 1962 8000.00 109 - 116 1000.00 March 1, 1963 8000.00 117 - 125 1000.00 lurch 1, 1964 9000.00 and interest only shall be payable upon said bonds prior to IN'arch 1, 1946. Bonds Nos. 101 to 125, both inclusive, of said bond issue, or any of them, shall be subject to redemption in the inverse order of the numbering of said bonds, highest numbers first, on any interest payment date, on or after three years from the date of said bonds, upon and after at least thirty days prior notice of the intention of the City thus to redeem said bonds, as shall 'be provided in the form of bond subsequently adopted by resolution or ordinance; and the City of Pasco shall also have the right to call for redemption any or all of said bonds outstanding, on any in- terest payment date, on or after the tenth year after date of said bonds, upon like notice given, as set -forth in said bond form. Such redemption and such calls for redemption shall be in the inverse order of said bonds, highest numbers first. -7= Section 6: There is hereby created, and the Treasurer of this City is hereby required and ordered to create, setup and maintain con- tinuously in the office of the Treasurer of this City, until the full payment of all of said bonds of $300,000.00, both principal and interest a Special Fund for the sole purpose of defraying the foregoing cost and expense and paying the bond principal and interest of all of the bonds authorized hereby; into which Special Fund this City Council shall pay, and cause to be paid, and, by this Ordinance, does nereby obligate and bind the City of Pasco to set aside and pay (out of said earnings and revenues of said combined system (as diminished by the required deduc- tion therefrom of sums sufficient to bay the cost of operation and maintenance Of suen combined utility), a definite sum ruonthly (in each month on and after riarch 1, 1944, until the full payment of said bonds and interest thereon) equal in amount (in each such month in each year during said period of monthly payments) to one -twelfth of the aggregate amount of bond principal which will be payable during, and at the ex- piration of; each such year -during the life of said bonds of $300N,000.00, as provided above, and when; and as, and immediately after the same, or any part thereof, shall be issued, plus one -twelfth (in each such year) of the bond interest accrued and being payable upon said issued bonds within each such year. The said Special Fund and the moneys therein shall be used solely for the purpose of the payment of the principal of said bonds as they mature; and for the payment of the interest thereon as the same becomes payable, without preference or priority of one bond over another bond by reason of its numbering, maturity, priority of issuance, or otherwise. The foregoing Special Fund shall be known and described as the 11WA'TER REVENUE SPECIAL BOND FUND OF 1944". The foregoing series of bonds of $125,000.00 shall be known as "Series A", and subseruent series shall be known as "Series B11) etc. Section 7: (a) It is further ordained as follows: (1) That said City shall not sell) -lease, or in any manner dispose of, said water works system ( z s nowowned and operated, or as the same may be improved, bettered, or extended hereafter) or any substantial part or unit thereof, s until the bonds herein authorized, with interest thereon, shall be paid In full, nor make any disposition of said sewage disposal plant and system, unless and until provision shall have been made for the full payment of all of said bonds and interest; ( 2) that said: City (until all of said bonds and the interest thereon shall have been fully paid) shall not reduce the rates demanded by it for water delivered to consumers, or for the use of the foregoing improvements and facilities, so that the gross revenues of said system (after subtracting the cost of opera:tion and maintenance thereof) shall be insufficient to permit the making of the payments into said Special Fund. as hereinbefore required and- ordained; (3) that if at any time the gross revenues of said water works system or as -hereafter bettered, extended and improved, shall not be sufficient to pay said costs of operation and maintenance and the charge thereon here- by created in fa.vor.of the bonds herein authorized, it, the said City, shall increase its said rates to such rates and amounts as will be suf- ficient to provide for the payment of all such costs of operation and maintenance and of the bonds authorized hereby; (a) that, in order to preserve the priority of the said Special Fund, the said City shall not create, or permit to be created, so long as any of said bonds shall be outstanding and unpaid, any indebtedness or charge whatsoever which shall be a charge against -the revenues of said water works system superior to, the charge created by this Ordinance; and (5) that any future charge or .°special fund indebtedness' which may be created by said City, to be payable out of the revenues of said water works system, shall constitute a charge and lien subject and junior to the charge and lien thereon created by this Ordinance. (b) Language expressing the terms or substance of this Section shall be set forth in the foregoing bonds in the form of, and as, a covenant and agreement of said City with each and all of the owners and holders at any time of said bonds or any of them. (c) in the event that the amount of moneys available for pay- ment of said bonds and interest upon said bonds for any reasons, either factual or legal, shall be -insufficient to pay any portion of said bonds, then the City of Pasco shall be required, and hereby obligates itself, to a n impose charges for the use of said sewerage system upon the property owners and property using such sewerage system, as permitted by law, in prorata amounts sufficient to pay such deficits, such prorating to be in accordance with the legally controlling facts and circumstances, and provisions to the effect that this subparagraph shall be of binding force upon the City of Pasco and its City Council shall also be inserted in each of said bonds. Section S: The foregoing bonds of $125,000 have been sold_ to Paine, Rice & Company of Spokane, Washington, according to the foregoing prescribed maturities at the foregoing prescribed rates of interest at the price of $100050 for each $100.00 par value thereof, and said sale is hereby confirmed; and immediately after the effective date of this ordinance the lvaayor, City Clerk and City Treasurer are hereby authorized and directed to obtain the printing and e.Ilecution df said bonds in accordance with the foregoing required_ terms and provisions thereof, and, having submitted the same for the approval_ of this City Council, immedi- ately upon the payment of the purchase price thereof to deliver said executed bonds to said purchaser. Section 9: This Ordinance, upon its passage and approval, shall be published once in the "Pasco Herald", a newspaper published in said City, and shall be in full force and effect at the expiration of five days from and after the date of such. publication. or ATTEST: ity Clerk Ordinance Introduced: tvIarch 7, 1944 Ordinance Given its First Reading: Mlarch 7, 1944 Ordinance Given its Second Reading: March 7, 1944 Ordinance Given its Third Reading: March 7, 1944 Ordinance Passed by City Council: ' Mlarch 7, 1944 The foregoing Ordinance a��proved-as to form before passage: ty Attorney -10-