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HomeMy WebLinkAbout1955-B-1714 P r— AMMVOkt© 11• o :Oir +tC r O.A:IZI...®, ORDINANCE , N0. B -1714 AN ORDINANCE of the City of Yakima, Washington, specifying and adopting a system or plan of additions to, and betterments and extensions of, the sewerage system of the City, and providing that the existing sewage disposal plant which has. ' heretofore been combined with and become a part of the waterworks utility of the City, together with the remainder of the existing system of sewerage, including all additions thereto and extensions and betterments thereof, shall be considered as a part of and belonging to the waterworks utility of the City; declaring the estimated cost of said system or plan, as nearly as may be; providing for the issuance and sale of "Water and Sewer Revenue Bonds, 1955," in the principal sum of not to exceed $325,000.00, in one or more series, to provide the funds required to pay the cost thereof; creating a special fund to provide for the payment of said bonds; and declaring an iemergency. (WHEREAS, the City of Yakima, Washington, by Ordinance No. B -121, passed by the City Comri:ission and approved by the Mayor on the 9th day of December, 1935, provided for the construction of a sewage disposal plant in conjunction with, as a part of and as an addition too, the existing municipal waterworks system of the City of Yakima, Washing- ton, which sewage disposal plant was thereafter constructed and has been at all times since maintained and operated as a part of the municipal waterworks system of the City, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA, WASHINGTON, as follows: • Section 1. The City of Yakima is operating its own waterworks system, and in the judgment of the City Commission the public health is being endangered by the in- adequacy of the City's existing system of sewerage, and the danger to the public health may be abated by the construction, maintenance and operation of an adequate sewerage system and of additions, extensions and betterments, as hereinafter provided, to the existing sewerage system. The existing sewerage system of the City, including the sewage disposal plant heretofore constructed and acquired pursuant to Ordinance No. B -121, and including all additions, extensions and betterments thereto now,or hereafter provided for, shall, pursuant to ROW 35.67.320, become a part of the waterworks utility of the City, and the cost of construction, maintenance and operation thereof shall be chargeable to the waterv)rorks utility of the City. The terms "system of sewerage" or "sewerage system" when hereinafter referred to shall mean the existing sewerage system of the City of Yakima, including the sewage disposal plant which has already been made a. part of the waterworks utility. The public interest, welfare and convenience and the health of the inhabitants of the City of Yakima require, and it is advisable, that the said additions to, and betterments and extensions of the sewerage system of the City hereinafter pro- vided for be jmade. . Section 2. The gross revenues and benefits to be derived from the operatio and maintenance of the waterworks'utility of the City, including the sewerage system as a part thereof, and the additions, extensions, and betterments thereto herein provided for, at the rates to be charged for water and sewerage service on the entire utility, will in the judgment of the City Commission be more than sufficient to meet all expenses of operation and maintenance thereof, and to permit the setting aside of a special fund out of the gross revenues of the entire utility of amounts sufficient to pay the intere.' on the revent,e bonds herein authorized to be issued, as such interest becomes payable, and to pay and redeem all of said bonds at maturity. Section 3. The City of Yakima hereby specifies and adopts a system or'plan of additions to, and extensions and betterments, of the sewerage system of the City, all to become a part of the waterworks utility of the City, to consist of the following: (1) There shall be constructed and installed approximately 6,905 lineal feet of 30" concrete sewer line intercepting the trunk sewer line along E the westerly line of the Union Pacific right -of -way and extending easterly and northerly to a pumping lift station along the Rudkin Road approximately :L /4 mile south of Mead Avenue and in the vicinity of McNair Avenue. c G -- (2) There shall be constructed and installed approximately 2,835 lineal feet of 18" pressure pipe from the lift station to the existing sewage > disposal plant. Sewage shall be forced through said pressure pipeline by 0 air ejectors. ° (3) There shall be constructed and installed at the existing sewage dis- w posal plant a compressor station utilizing sewage gas for fuel, and air shall be forced through a 6" -Pressure line to the lift station to operate the sewerage ejectors. (4) There shall be constructed and installed an 18" drain and by -pass line .approximately 1,440 lineal feet from Rudkin Road east along the Yakima County right -of -way to a water course. There shall be included in the foregoing the•acquisition and installation of all necessary valves, fittings, couplings, connections, equipment and appurtenances and the acquisition of any easements, rights -of -way and land that may be required; and there shall to included the performance of such work as may be incidental and necessary to the foregoing construction and installation. In lieu of the material above specified, such other suitable permanent type of material may be used as the City Commission may determine. The City Commission . may modify the details of the foregoing system or plan - where in its judgment it appears advisable, providing such modifications do not sub— stantially alter the purposes hereinbefore set forth. Section 4. The life of the foregoing system or plan of additions to, and betterments and extensions of, the'sewerage system of the City, all to become a part of the waterworks utility of the City, is hereby declared to be at least thirty years. flaric.;(40.Q I ncs: °Jilt).* Section The estimated cost, as nearly as may be, of the aforesaid systen or plan of additions, extentions and betterments is hereby declared to be 5325,000.00. IL • • ORDINANCE.NO. B-1714 . afts :tdOZQ By OR DIN AP Nei.& (zt. , ... Section 6. The cost of acquiring, constructing and completing the fore- going additions to,.and betterments and extensions of, the'sewerage system of the City, -all to become a part of the waterworks utility of the City, shall be paid from-the pro- ceeds received from the'issuance and sale of water and sewer revenue bonds in the amount of not to exceed 025,000.00 par value. It is the intention of the City to acquire; construct and complete such portions of the foregoing system or plan of additions, bette ments and extentions as from time to time the City shall deem advisable. The bonds shall be issued in one or more series at such times as the City Commission shall deem advisable. The bonds shall be entitled "Water and Sewer Revenue Bonds, 1955," with the series designation following; shall bear interest at a rate or rates not to exceed 5% per annum, payable semiannually; and shall be numbered from "1" upwards consecutively within each series as•issued. The bonds shall be issued in such series, "shall be in suc denominations and form, shall bear such dates and interest rate or rates, shall be pay- able at such place or places, shall mature serially, in accordance with such schedule,' beginning not earlier than one year after the date of issuance and ending not later than thirty years thereafter, shall have such option of payment prior to maturity, shall gua'an tee such'coverage and collection of rates, shall provide for such additional funds and accounts, and shall contain and be subject to such provisions and covenants as shall her= after be provided by the City Commission. Section 7. The bonds shall be sold in such manner as the City Commission of the City of Yakima shall deem for the best interest•of the City. • Section 8. The bonds shall be payable solely out of the special fund here - in created and shall be a valid claim of - the holder thereof only as against such special fund•and the amount of the revenues of the.waterworks utility, including the sewerage system as a part thereof, pledged to such special fund and shall not be a general obli- gation of the City of Yakima. 9trtlaN•D'“© cev OROtNANC„: NOZ.:l. , t Section 9. There shall be and hereby is created and established in the • office of'the City Treasurer a special fund to be known as the "Water and Sewer Revenue Bond Fund, 1955," which fund is to be drawn upon for the sole purpose of paying the principal of and interest upon the bonds from and after the date thereof; and so long thereafter as bonds are outstanding against such fund the City Treasurer of the City of Yakima shall set aside and pay into such fund out of the'gross revenues of the waterwork: utility, including the sewerage system as a part thereof, and including all additonc, ex' tensions and betterments "thereof at any time made, a fixed amount without regard to any fixed proportion, namely, an amount__sufficient-to,pay the principal of and interest on the bonds herein authorized as they respectively become due and to create such - surplus and reserve, if any, that may be hereafter prescribed by ordinance. The gross revenues from said waterworks utility, including the sewerage system as a part thereof, are here- by pledged to such•payments, and the bonds herein authorized shall constitute a charge or lien upon such gross revenues prior and superior to any other charges whatsoever, ex- cluding charges for maintenance and operation,• except that the charge or lien upon such gross revenues for the bonds authorized herein shall be subordinate and junior to the charge or lien upon such gross revenues for any presently outstanding water revenue bond=, and except further that the`City reserves the right, in connection with the issuance of the bonds authorized herein, to provide for the issuance Of additional water and sewer revenue bonds on a- parity of lien with the bonds authorized herein under such terms and conditions as the City Commission shall' hereafter provide. • .Section 10. The City Commission and. corporate authorities of the City of Yakima hereby declare that, in creating such special fund and in fixing the amounts to be paid into it as set forth herein, they have exercised due regard to the cost of oper- ation and maintenance of•the said waterworks utility, including the sewerage system as a part thereof, and the debt service requirements for the presently outstanding water reve nue bonds, and the City of Yakima has not bound and obligated itself to set aside and pay into such fund a greater amount or proportion of the revenues of the waterworks utili ty, including the sewerage system as a part thereof, than in the judgment of the City Commission will be available over and above such costs of maintenance and operation and debt service requirements for the presently outstanding water revenue bonds. Section 11. The proceeds from the sale of the foregoing bonds shall be used for the sole. purpose of acquiring and constructing the additions, extensions and better- ments to the sewerage system of the City herein authorized and of paying the costs and expenses connected therewith, and the City of Yakima, through its proper officers and agents, shall proceed with.the making of such portions of the improvements herein author ized as the City Commission may from time to time authorize and direct, and the proper • officers of the City shall proceed therewith. Section 12. The inadequacy of the City's existing system of sewerage has created an emergency and an emergency is hereby declare to exist. This ordinance, there fore, is deemed to be an emergency ordinance'providing for the.immediate preservation of the public peace, property, health or safety, and shall take effect immediately upon its passage and publication as provided by law. • • PASSED by the unanimous vote of the City Commission of the City of Yakima, Washington,'at a regular meeting thereof and APPROVED by the Mayor thereof, this 18th day of July, 1955. ATTEST: PEARL BENJAMIN (S E A L) G..W. BURNS City Clerk Mayor APPROVED AS TO FORM: ELWOOD HUTCHESON City Attorney • • 142' ORDINANCE•NO. B -171 • I hereby certify that the foregoing•is a full, true and correct copy of Ordinance No. B -1714 entitled "AN ORDINANCE of the.City of Yakima., Washington,.specifying and adopting a system or plan of.additions to, and betterments and extensions of, the sewer- age system of-the City, and providing that the existing sewage disposal plant which has heretofore been combined with and become a part of the waterwoirka.utility of the City, together with the remainder of the existing system of sewerage, including all additions thereto and extensions and betterments thereof,_shall.be considered as a part of and be- longing to the waterworks utility _of the City;_ declaring the estimated cost of said system or pland, as nearly'as may be; providing for the issuance and 'sale of` °Water and Sewer Revenue Bonds, 1955,` in the pricipal of not to exceed 0 in one or more series, to provide the funds required pay the cost thereof; creating a special fund to provide for the payment of said bonds; and declaring an emergency." as passed on the 18th day of July, 1955 and that has been published by law. 4 ' r C I T Y L E R K 1