Loading...
74 Sewage Treatment Plant Construction 205 I ORDINANCE NO. 74 AN ORDINANCE PROVIDING FOR n{E CONSTRUCTION, ACQUISITION AND INSTALLATION OF A SEWAGE TREATMENT PLANT AND TRUNK AND LATERAL SEWERS, AND THE SUBSEQUE1\lT OWNERSHIP, OPERATION AND MAINTENANCE AND CONTROL BY THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, AT THE ESTIMATED COST OF NOT MORE THAN $275,000,00; PROVIDING FOR THE MODE OF PAYME1'T'T THEREOF BY THE ISSUANCE.'OF MUNICIPAL REVE1\TUE BONDS FOR NOT 110RE THAN $275,000.00, TO PAY THE COST THEREOF, WHICH BONDS SHALL BE PAID ONLY OUT o Ii' r:['HE REVENUES AND EARNINGS OF SAID SYS~~EM, SUBJ1~CT, HOWEVER, TO THE APPROVAL OF THE QUALIFIED ELECTORS OF SAID CITY OF MERIDIAN AT A SPECIAL ELECTION ORDERED HEREIN: DESCRIBING SAID BONDS: CALLING A SPEC IAL ELECT ION }i'OR THE SUBMISSION TO THE I~UALIFIED ELECTORS OF SAID CITY THE QUESTION OJi' THE RATIFICATION OR REJECTION OF SAID BOND ISSUE AND OF SAID INDEBTEDNESS OR LIABILITY: PLEDGING REVENUES OF THE CITY- '.^lATER SYS'I'EM AS SECURITY FOR SAID BONDS: PROVIDING li'OR THE NOTICE OF SUCH ELECTION AND THE PUBLICATION AND POSTING THEREOF AND PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE AND THE EFFECTIVE DATE THEREOF. WHEREAS, BEC AUSE OF THE INCREASED POPUL.ATION AND INADEQUATE facilities in thil City of Meridian, Ada County, Idaho, for the treat- ment of sewage it is advisable that a new sewage treatment plant~ together with certain extensions of the Sewage Collection System, be made; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN"IDAHO: I Section 1. That subject to the approval of the qualified electors of the City or Meridi an of the Proposition hereinafter described', at a special election hereinafter ordered, there shall be acquired, con- structed and installeeJ,or caused to be construoted and installed by the-City of Meridian, certain additions'to the Sewage Collection Sys- tem, inclUding a sewage treatment plant, and construction of extensions to the existing trunk sewer and the installation of new laterals to furnish sewer service to areas not now served by the Sewage Collection System. Said Sewage Treatment Plant site to be QGquired by the City shall be located at a point approximately 6000 feet north of the present plant. The above additions shall include pumping stations, ejector statio and all other appurtenances necessary, useful or oonvenientfor the oollection, transporting and disposal of the sewage o~ the City. All the additional sewers will contain the necessary manholes,Lampholes and other appurtenances essential to a sewage collection system; and all ttlB eLements of the addi tions and betterments, including the Sewage 'l'reatmen t Plant, shall be of sui table quality to meet. the standards of_t.he State Department of Health. The construction of the foregoing is in accordance with the maps, p1ans and specifications, as prepared by John L. .. Hoffmann and Charles C. Fiske, Consulting Engineers of Boise, Idaho, being the Engineers for the City of Meridian, Idaho, for the Carrying out of the plan of construction, complete details for ,J-iich sa-id project are fully set forth and specified in the above maps, plans and specifi- cations, which said maps, plans and specifications have been filed, and are now on file, in the office of the Clerk of the City of MeridiAn, Idaho,which said maps, plans and specifications are hereby expressly adopted and approved. The City Council may "make such changes in the location of said "sewer trunks and laterals, or any other details of the above plen prior to, or in the course o~, the actual construction, which shall be found necessary and desirable and whioh will not substantially affect or clwn.'!e sai.d plan. Section 2. The total cost of doing all-the foregoing, togethsr with all necessary costs and engineering expenses, legal costs, labor costs and incidental costs, as estimated by the Mayor and City Council will be not more than $275,000.00, which will be raised by the issuance of Revenue Bonds. The forego1ng c3timated cost also in- cludes inspection and fiscal expenses and interest which will accrue during the construction period and for six months thereafter on money borrowed. Section 3. That a special election of the qualified electors of the City of Meridian, Idaho, shall be, and is hereby ordered to be held in said City on Tuesday, the 30th day of August, 1955, between the hours of 8:00 o'clock, A.M. and 8:00 O~clock, P.M. on said date , 206 at which eleotion the question of the construc~ion. acquisition an~ installation, and the subsequent ownership, malntenance and operatlon by said City of the Sewage. System described in this Ord~nance, and the payment 01' the cost of the ~ame' by the issuance of d,;wenue Bonds in the amount of not more. than $275,000.00 shall be submltted to the qualified,. registered voters of this City and to their assent or re- jection, as provided by law. The election will be held at the follow- ing places: NAME OF PRECINCT VOTING PT,ACli-:: West Ward East Ward 2nd. 1st City Hail Methodist Church Such voting place, or places, and the hAllot boxes therein for said special election will be opened at the hour of 8:00 o'clock, a.M. and will continue open until, and be closed at, the hour of 8:00 o'clock, P.M. on said day. The voting aL ~Bid election shall be substantially in the follow~ng alternative form, viz: "IN FAVOR OF TSSTTING Revenue Bonds for the purpose provided by Ordinance No. 74 ". ItAGAINST ISSUING Revenue Bonds for_ the purpose provided by OrdlrwIlc e No. 74 ". If at such election, two-thirds of the electors qualified and entitled to vote at said election, and voting at such election, assent to the acquisition and installation of a Sewage System, inCluding the installation of trunk and lateral sewers, Sewaee ~re8tmentPlant, pumping stations, ejector stations, and all other appurtenances nec- essary, useful or convenient for the collection, tTansporting and disposal of the sewage of the C1 ty, together wi th strucLu.I'e~,' build- ings, machinery, equipment, connections and all other appurtenances necessary, useful or conven1Ant for' the treatment, purification and disposal of the sewage of this City, and the payment theT'eof solely out of and from the earnings and revenues of said Sewage System, such bonds for said purpose sh811 be issued as provided by the Mun- icipal Bond Law of the State of Idaho. I Section 4. Notice of said election shall be posted in at least three public places in this City, one of which s~&ll be at the voting places, and shall also be published in the IvIERIDIAN TIllim:S, a leeal newspaper ~rinted and published weekly at Meridian, Idaho, and bein~ the official- newspaper of said City of Meridian, Idaho; that said publication shall be had once a week for three succe"ssive weeks prior to such election, said publications to be on Aug. 11, 18, and 25 1955. prior to the date fixed for said election~ which Rsid Notice of fl- ection shall set forth the purpose of this Ordinance, the a~ount of bond,s authorized by it, and the maturity' dates of said bonds, and the maximum rate 01' interest which said bonds shall uea.I', the voting place, or places, the hours between which the polls shall be open, the qualificat."ions of the voters who may vote there-at, and shall r-efer to this Ordinance for further details and particulars; and shall be given in the name of the City of Meridian, Idaho, by the Mayor and .qity Cuuncil and attested by the Clerk thereof. . Section 5. The City Clerk, the registrar- for City Elections, shall register the Qualified electors for said election, conwencing with the date that the ITotice of Election is given and first pub- lished ond thereafter, as provided by law, it Bny timE during office hours, and. at any other time, all as provided by statu,te, and shall cause notice of registration to be given as re~ir~d by law. . Section 6. Said Revenue Bond Issu~ of not in excess of $275,000.00 shall consi$t .of not more than Two Hundred "Seventy-five (275) Coupon bonds of the denomination of $1,000.00 each Numbered from One' (1) upyvard, consecut 1 vely, shall run faT a peTiod of fi VB to twenty :8'1 ve years rrOill d3te of issue, which shall be the ulti~8te maturity of said bonds, the first principal payment to matur-e and be payable at the expiration of two (2) years frQrn and after date of .said bonds, the principal and interest thereof being payable solely out 01' and from the revenues of said :Sewage System, as provided for by this Ordinance. Soid bonds shall bear interest at a rate not exceed~n~ FOi:'..:L':ind one-half per centum (4~%) per annum, payable serai-al1.Gually after date of issue, with i0terest coupons attached evidencing th~ inteTest tha0 ~2Y8ble, and shall be payable, both principal and in- teres'tj, ';.a~.the' b:ffiQe: of the Treasurer of the City of Ivleridian, Ada County, Idaho,; ahall be 8igncd by the ~a1d City by the Me or t~. _ of countp~Ql~n d b th C.t 'I' Y ~eTe .' .,..L._. t-..8 Y e 1 y ,r-easurer and attested by th Cit, "] k wlth the seal of said Cit . e y ~_er , of' the Tr' . c.; y. lmpressed upon each bond, and the oignature easureE upon the lnterest coupons may be either the printed or -I Ordinance NQ. 74 Cont'd 207 lithographic facsimile of said official; and, 'consistent with the provisions to be made by subsequent O~dinance, said bonds and the interest thereon shall be payable only out o~ a Special fund, or Funds. Said'bonds and interest coupons, if authorized at said special election, shall be issued against said revenues and said Special Fund". or funds, to be created by subsequent Ordinance and shall be a valid claim of the holder thereof only as against said revenues, and said Special Fund, or funds (after first deducting,the costs of operation and maintenance of said Sewage System) 8n.d the moneys required to be paid therein, shall not constitute-an indebtedness of the City of Meridian within the meaning of the Constitution and Laws of the State of Idaho. I Section 7. The earnings and revenues out of and r~ili~"2aid Sewage Syst em shall be paid int ~ 8 Special. Fund, or, FtlI'-9,s.:.(~€#)---in- after created by subsequent Ord1nance) unt1l full p~YE.e.nt~~el:f~',e] l~of' said bonds, both principal and interest, after deduG-ting~'^"9'ost~ of operation and maintenance of said Sewage 3ystem.- '~.'~~ "---::-"",,~;~ ~-:..::::. , ,,\- ~. - "'-.. Section 8. In the event the bonds referred: to -herein' a:-re: ~" legally authorized to be issued, it is further cQ~ne.-.nt1;d:--and... p):-:aained as follows: That the City of Meridian, Idaho, sli:e0.- nb:-t _s.e.l:l," lease, 0:' in any manne: dispose of said Sewage sys-t.em;':'-9I\,.:a",Ii~""'~~- substantial part or unlt thereof, until the bonus and:~nter-~s.t there- on, shall be paid in full; that said City (until all of-~~id Revenue Bonds and the interest thereon shall have been fully paid) shall not reduce the rates required by it for sewage service to cons'J~ers, so that the gross revenues of said Sewage System shall be insufficient to pay for Lhe retirement of the principal and interest of said bonds; that if at any time the gross revenues of said SewagA System, or as hereafter bettered, extended or improved, shall not be sufficient to pay the costs of operation and main- 'tenance, and the charge thereon created in favor of the bonds re- ferred to In this Ordinance, it, the said City, shall increase its said rates to such rates and amounts as will be sufficient to pro- vide for the payment of all such costs of operation and maint- enance of said Sewage System, and the Revenue Bonds referred to berein and interest thereon and other incidental costs and ex- penses permitted by Statute; That, in order to preserve the priori ty of said Special Fund, or li'u'lds, the said City shall not create, or permit to be created, so ~~ng as any of said bonds, shall be outstanding and unpaid, any indeb~ed.ness or charge whatsoever which shall be a charge against the revenues of said Sewage System superior to the charges required for the retirement of these bonds and interest; and that any future charge which may be created by said City, or authorized by the ~ualified electors and made pay- able out of the revenues of said Sewage System, shall constitute a charge and lien SUbject to the charge and lien thereon and to the duty of the City of Meridian with respect to said revenues. Section 9. \mEREAJ, the City of Meridian now owns and operates a municipal water system, the revenues of which have never been pledged to the payment of the outstanding obligations of the City of Meridian; and WHEREAS, the Council of the City of Meridian has determined and does hereby determine'that the net revenues of said water system should be pledged, to the extent determined necessary by the Council, as additional security for the payment of the rev- enue bonds herein proposed to be issued, subject to the approval of the qualified electors of the City Voting at the opecial election for which provisLlE is hereir.s:ftf):::' :oi.8de; 3n.d. 'WHEREAS, su6h revenue bonds, Hi an amounf; hot exeleeding the amount above recited, shall be payable and paid only and solely from the net earnings and revenues derived from the Works and from net earnings and revenues derived ~rom the wat.Ar system, the revenues of which are to be pledged as above recited as additional security for the payment of said revenue bonds. Section 10. This Ordinance shall take effect and be in full force upon its passage and apprnval and pUblication in one issue of the MERIDIAN TIMES, a newspaper of general circulation of said City, published at Meridian, Idaho, and being the official news-' paper of said City. Passed under suspension of all rules and regulations of thi~ City Council upon which proper roll call votes were,duly taken, add duly enacted an Ordinance of this City at an adjourned re- gular meeting of the Mayor and City Council of the City of Meridiah, I 208 i. \ Idaho, held on August ), 1955. Passed: August 3, 1955. ATTEST: ~ .~ Approved: . May r b) t~ t.: i Y of. Meridian, Ada County, . .Idaho. ~ ---- .., - -~ - - ",.,.. I ...--- -. ...., & .......... ~; ~. Seal ~Bere- I