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ORD 59-78 BETTERMENT TO SEWERAGE SYSTEMTOWN OF WINSLOW, WASHINGTON ORDINANCE NO. 7~ AN ORDINANCE of the Iown of Winslow, Washington, specifying and adopting a system or pIan of additions to and betterments and extensions of the sewerage. system of the Town; deciarin9 the estimated cost thereof, as neariy as may be; providing for the issuance and saie of not to exceed $50,000.00 par vaiue of sewer revenue bonds in one or more series to obtain funds with which to pay the cost of said system or pian; creating a speciai fund to provide for the payment of said bonds; authorizing and directing the Town officiais to proceed with the improve- ment; and deciaring an emergency. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WINSLOW, WASHINGTON, as follows: Section 1. It is hereby found and declared that the public health is being endangered by the inadequacy of the present sanitary sewerage system of the Town, and the danger to the public health caused by such inadequate san- itary sewerage system should now be abated by the acquisition, construction, installation and operation of the additions to and betterments and extensions of the system as herein specifically set forth. Section 2. The gross revenues and benefits to be derived from the operation and maintenance of the system of sewerage and the additions, exten- sions and betterments thereto herein provided for, at the rates to be charged for sanitary sewage disposal service on the entire system, will in the judg- ment of the Town Council be more than sufficient to meet all expenses of operation and maintenance thereof and to permit the setting aside into a special fund out of the gross revenues of the system of sewerage of sufficient amounts to pay the interest on the bonds herein authorized to be issued and on the presently outstanding "Sewer Revenue Bonds, 1953," dated August 1, 1953, as such interest becomes due and payable and to pay and redeem all of said bonds at maturity. Section 3. The Town of Winslow, Washington, hereby specifies and adopts a system ~r plan for making additicns to and betterments and extensions of the existing system of sewerage of the Town which shall consist of the following: (a) There shall be constructed and installed approximately 3,885 feet of sanitary sewer line, complete with manholes, from the present terminus at the intersection of Winslow Way and Woods Street, west on Winslow Way to Grow Street, and thence north along Grow Street to a point opposite the Masonic Temple. (b) There shall be constructed and installed approximately 2,S00 feet of 8" sanitary sewer line complete with manholes starting at Green~s Addition and extending south from the public road "U" in Greenus Addition to and south along Eagle Street to Winslow Way with laterals connecting to Eagle Street main along Irene Street, Hawley Way and Winslow Way. (c) There shall be constructed and installed one sewerage lift station located at the intersection of Winslow Way and Eagle Street and approximately 610 feet of pressure line from said lift station west along Winslow Way to the existing manhole at the intersection of Winslow Way and Ferncliff Road together with over- flow structure and piping. The above-described additions to and extensions of the sewerage system of the Town shall be connected to the existing sanitary sewage collection and disposal system of the Town, wherever necessary, with the installation of all necessary appurtenances therefor. The Town shall acquire all property, both real and personal or any interest therein, and all easements, franchises, rights-of-way, licenses and permits necessary to carry out the above-described plan of additions and improvements to and extensions of its sewerage system, which plan is all as more particularly set forth in maps, plans and specifications prepared by George Roars, the Town Engineer, Poulsbo, Washington. It is hereby further provided that the above-described plans shall be subject to such changes as to details or other changes not affecting the main general plans as shall be authorized by the Town Council prior to or during the actual construction° Section 4. The life of the foregoing additions, betterments and extensions is hereby declared to be at least thirty years. Section.~o The estimated cost of the acquisition~ construction and installation of the above-described additions and betterments to the system of sewerage of the Town is hereby fixed~ as nearly as may be, at the sum of $50,000.00. - 2 - Section 6o The cost of acquiring, constructing and making the foregoing additions to and betterments and extensions of said system of sewer age shall be paid from the proceeds received from the issuance and sale of sewer revenue bonds in an amount of not to exceed $50,000.00 par value. It is the intention of the Town to acquire and construct and complete such por- tions of the foregoing system or plan of additions to and betterments and extensions of the system of sewerage of the Town as from time to time the Town Council shall deem advisable° The bonds shall be issued in one or more series at such times as the Town Council shall deem advisable° The bonds shall be entitled "Sewer Revenue Bonds, 1959," with series designations following, if issued in series° The bonds shall bear interest at a rate or mtes not to exceed 6~ per annum, payable semiannually, and shall be numbered from "one" upward, consecutively, within each ~ries as issued. The bonds shall be issued in such series~ shall be in such denominations and form~ shall bear such date or dates and interest rate or rates~ shall be payable at such place or places~ shall mature serially in accordance with such schedule, beginning not earlier than one year after date of issuance and ending not later than or shall be term bonds thirty years thereafte~ shall have such option of payment prior to maturity~ shall guarantee such coverage and collection of rates~ shall provide for such additional funds and accounts~ and shall contain and be subject to such provision or covenants as shall be hereafter provided by ordinance. Section 7o The bonds shall be payable solely out of the special fund herein created and ~ball be a valid claim of the holder thereof only as against such special fund~ and the amount of the revenues of the system of sewerage pledged to such special fund, and shall not be a general obligation of the Town of Winslow, Washington° Section 8. There shall be and hereby is created and established in the office of the Treasurer of the Town of Winslow a special fund to be known as "Sewer ~evenue Bond Fund, 1959," which fund is to be drawn upon for the sole purpose of paying the principal of and interest on the bonds° From and after the date thereof and so long thereafter as bonds are outstanding against such - 3- fund the Town Treasurer shall set aside and pay into said fund out of the gross revenues of the system of sewerage now belonging to or which may here- after belong. to the Town, including all additions, extensions and betterments thereof at any time made, a fixed amount without regard to any fixed propor- tion, namely, an amount suff]cSent to pay the principal of and interest on all bonds payable out of said special fund as they respectively become due and to create such surplus and reserve, if any, that may hereafter be prescribed by ordinance. The gross revenues from the said system of sewerage are hereby pledged to such payment and the bonds herein authorized shall constitute a charge or l~.en upon such revenues prior and superior to any other charges whatsoever, excluding charges for maintenance and operation, Provided, however~ that if the conditions required to be met for the issuance of parity bonds, as set forth in Section 8 of Ordinance No. 24, shall be met at the time of the issuance of the bonds herein authorized, the charge or lien upon such gross revenues for the bonds herein authorized shall be on a parity with the charge or lien upon such gross revenues for the outstanding "Sewer Revenue Bonds~ 1953o" Otherwise, the charge or lien upon such gross revenues for the bonds herein authorized shall be subordinate and inferior to the prior charge or lier~ upon such gross revenues for the presently outstanding "Sewer Revenue Bonds, 1953o" Section 9- The Town Council and corporate authorities of the Town of Winslow hereby declare that in creating the said special fund and in fix- ing the amounts to be paid into it as set fort h herein they have exercised due regard to the cost of operation and maintenance of the system of sewerage of the Town and the debt service requirements of the outstanding "Sewer ~evenue Bonds, 1953," dated August 1, 1953, and the Town of Winslow has not bound and obligated itself and will not bind and obligate itself to set aside and pay into such special fund a greater amount or proportion of the revenues of the system of sewerage than in the judgment of the Town Council will be available over and above such costs of maintenance and operation and debt - 4 - service requirements of the outstanding "Sewer Revenue Bonds, 1953," dated August 1, 1953, and that no portion of the revenues of the system of sewerage has been previously pledged for any indebtedness other than the said outstand- ing "Sewer Revenue Bonds, 1953," dated August_l, 1953~ and $10,000 par value interest bearing warrants payable out of sai'd sewer revenues. Section 10. The proceeds of the sale of the foregoing honda shall be used for the sole purpose of making additions to and betterments and exten- sions of the system of sewerage as herein authorized and of paying the cost and expenses connected therewith, and the Town of Winslow, through its proper officers and agents, shall proceed with the making of said improvements and the calling of bids therefor in the manner provided by law. Section 11o This ordinance is declared to be one necessary for the immediate preservation of the public peace, property, health and safety of the people of the Town of Winslow, Washington° An emergency is hereby declared to exist, and this ordinance is hereby declared to be in full force and effect from and after its passage, approval and publication as provided by law. PASSED by the Town Council of the Town of Winslow, Washington, and approved by its Mayor at a regular meeting held on the 7th day of April, 1959. ATTEST: -5-