Loading...
HomeMy WebLinkAboutOrdinance 642 ORDINANCE NUMBER AN ORDINANCE OF THE CITY OF FAYETTEVILLE, ARKANSAS , GIVING AND GRANTING4TO THE BOARD OF IMPROVEMENT OF WATER ' IMPROVEMENT DISTRICT NUMBER ONE OF THE CITY OF FAYETTEVILEE, ARKANSAS , FULL CONSENT OF THE CITY OF FAYETTEVILLE , AND FULL POWER AND AUTHORITY TO TAKE THE SUM OF TWO HUNDRED THOUSAND ( $2009000 .00 ) DOLLARS ; AND TO MORTGAGE THE WATER PLANT OF THE IMPROVEMENT DISTRICT , AND ALL RIGHTS AND FRANCHISES , AND ALL PROPERTY BELONGING' THERETO TO SECURE THE PAYMENT OF ANY INDEBTEDNESS BORROWED 'FOR THE PURPOSE OF KEEPING SAID PLANT IN GOOD REPAIR AND UP TO A_ PROPER STANDARD OF . EFFICIENCY , AND OTHER NECESSARY THINGS TO KEEP SAID WATER PLANT VP TO THE ABSOLUTELY NECESSARY STANDARD , 30 AS TO FURNISH WATER TO THE CITY -OF FAYETTE- . VILLE AND ITS INHABITANTS . ' P WHEREAS , the Board of Improvement of Water Improvement District Number One has requested that the . City Council by a proper ordinance give the consent of the City of Fayetteville to the Board of Improvement of Water Improvement District Number One , for the . making of improvements described in the resolution . of the Board of Improvement of said District , and desoribed - in the report of the Engineer of the District , dated October 22, 1926 ; and WHEREAS, said report of the Engineer. has been made , and is now , a part of the resolution of said Board of Improvement , and has been duly approved , ratified and confirmed by the said Board of Improvement , which was on the J.SLLday . of November , 1926 ; and WHEREAS , the City Council finds that . it is absolutely necessary to make said improvements described in said resolution of the Board of Improvement , which said resolution has been filed with this City Council , and made a part, of the record of the City O uncil , and is made a part of this ordinanos by reference ; and WHEREAS , it is ne.oeseary to improve and enlarge said water plant as set forth in said resolution of said Board of Improve- ment ; and WHEREAS , there are not sufficient funds on hand belonging to the City of Fayetteville which can be used `for the purposes named , or suffi6iont funds on hand belonging to the Water Improvement District MICROFIL" 1978 DATE "" REEL. 3 available for that purpose ; and WHEREAS , it is the opinion of the City Counoil , and the City Council so finds , that said Board of Improvement of Water Improvement District Humber One should provide for the raising of the necessary money' to make said , improvements , ' and to make the same ; and WHEREAS , . the Legislature of the. State of . Arkansas by Act Humber 4b of the General Assembly of 1907 passed and approved February 21 , 1907 , � oonfirmed the purchase of the water works and plant of the Fayetteville Water Company , giving and granting to the Board of Improvement . of Water Improvement District Humber One full and complete power and ownership over said water plant ; and WHEREAS , power is given to said Board of Improvement to mortgage the waterworks system ; and WHEREAS , the estimated , cost of• said- repairs , `together with the contingenoies 'end incidentals will be more than Two Hundred Thousand ( $ 2009000 . 00 ) Dollars , as shown in the above and foregoing report of the Board of ' Improvement ; and WHEREAS ,' it is necessary , and the City Council so finds , for the Board of Improvement to borrow Two Hundred Thousand , ( $200 , 000 . 00 ) .Dollars . HOW THEREFORE, BE IT ORDAINED by the City Oonnoil of the City of Fayetteville , as follows : Section 1 . Said City Council hereby confirms, ratifies , and adopts the resolution of the Board of Improvement of Water Improvement District Number One , which is on file with this City Oouncil , and was passed and approved f ` day of November , and ■h ioh is made a part of these minutes . Section 2 . That the City Counoil of Fayetteville hereby consents and gives its full and complete assent to the making of said improvements by the Board of Improvement of said Water Improvement District Number One . . -3- J 3eotion . 3 . That the Board of, Commissioners of Hater Improvement District Number One of the City of Fayetteville , Arkansas , be , and it is hereby authorised , empowered and directed to issue Its bonds amounting in the aggregate , bxolusive oY ' interest , to the sum, of Two Hundred Thousand ( $200, 000 : 00 ) Dollars , and the City consents and authorises said bonds to be in the denomination and amounts approved by the Board of Commissioners of Hater Improvement District Number One, OY the City of Fayetteville , said bonds to cover a period of fifteen years . f Section 4 . There , is hereby appropriated and not aside for the payment of the obligations of the . Improvement District out of the operating expenses of said Hater Improvement District Number One the following same , Yor the , Yollowing years , to-wits April . 1 , . 1927 . . . . . . . . . . . . . . . $5000 , 00 October 1 , 1927 : . . . . . : . . . : .` . 10 , 000 . 00 April 1 , 1928 . . . . . . . . . . . . . . . . 40875 . 00 October 1 , 1928 . . . . . . . . . . . . . 99875 . 00 April 11 1929 . 00060 . 06000 '000 40750 . 00 October 1 , 1929 . . . . . . . . . . . . . 99750 . 00 April 1 , • 1930 . . . . . . . . . . . . . . . 40625 . 00 October 10 1930 . . . . . . . . . . . . . 11 , 625 . 00 April 1 , 1931 . . . . . . . . . . . . . . . 49450 . 00 October 1 , 1931 . . . . . 40600646119450 . 00 April 1 ; . 1932 . . . . . . . . . . . . . . . 40275 . 00 October 1 , 1932 . . . . . . . . . . : . . 14 , 2? 5 . 00 April 1 , 1933 . . . . . . . . . . . . . . . 40025 . 00 October 1 , 1933 . . . . . . . . . . . . . 14 , 025 . 00 April 1 , 1934 . . . . . . . . . . . . . . 39775 . 00 Ootober 1 , 1934 . . . . . . . . . . . . . 15 , 775 . 00 April 1 . 1935 . . . . . . . . . . . . . . . 31475 . 00 October 1 , - 1935 . . . . . . . . . . . . . 15 , 475 . 00 April 1, 1936 3 , 175 . 00 October 1 , 1966 . . . . . . . . . . . . . 19 , 175 . 00 April 1 , 1937 . . . . . . . . . 64 . 29775 . 00 October 1 , 1937 . . . . . . . . . . . . . 20, 775 . 00 April 1 , 1938 . . . . . . . . . . . . . . . 29325 �p0 Ootober . l , 1938 . . . . . . . . . . . . . 20 , 325100 April 1 , 1939 . . . . . . . . . . . . . . . 10875% 00 October 1 , 1939 . . . : . . . . . . . . . 26 , 875 . 00 April 1 , 1940 . . . . . . . . . . . . . . . 1 , 250 . 00 October 1 , 1940 . . . . . . . . . . . . . 26 , 250 . 00 April 1 , . • 1941 . . . . . . . . . . . . . . . 625 . 00 October 1941 . . .. . . . . . . . . . . . . 25, 626. 00 A> The City . Coaneil hereby appropriates and sets aside oat of the revenues belonging to said water works system the sums above named for the payment of the indebtedness made neoessary to make said improvements . Seotion 6 . The City of Fayetteville which has heretofore taken part in the operation of the water plant by the appointment and aotion of a Board of Managers , said Board -of Managers inoluding representatives of the City and the Board of Improvement , hereby oonsents and insofar as said City has the power , . gives , graemts , and authorises theBoard of Improvement of water Improvement Distriot Number One to take all neosasary steps and prooeedinge for tbs• purpose of making a legal , binding and valid mortgage by said Board of Improvement of Water Improvement Distriot Number One to the Trustee for the use and benefit of the holder of the bonds , and to pledge I for the purposes named in this ordinanoe , • and that of the resolution ate,.4 . of Lhe Board of Improvement ,A to mortgage all of the property of said Board -of Improvement inoluding the unoolleoted benefit assessments , if there are any. Seotion 6 . The ." City of Fayetteville does not undertake to pay any interest on its own obligations, nor to pay any interest on the. obligations•,.of;. thw , Water Improvement . Dietriat Numbs; Ona of the City of Fayetteville , not having thepower to 9)ey8any euoh interest but does hereby give full power and its Pull ooneent without limitation or restraii+ esoept as provided by law, to the eseoution of all proper papers neoessary to enable said water Improvement Distriot Number One to seoure the funds necessary for making said improvement , end the said City of Fayetteville hereby obligates and binds itself to make the payments from the operating revenues of the water plant and on the dates set Porth above . Seotion 7 . The City of Fayetteville hereby grants to the holders of said bonds the right and privilegs' to take over said r plant and operate the same as seoarity for the payment of thea bonds r in the event that" suoh sotian becomes neoeseary • for the protection of the holders of said bonds , and the , City hereby oonsents and gives authority and power to the Trustee and to the holders of said bonds to operate the plant if default be made in the payment of the bondl� �aT which operation shall continue until all bonds and interest thereon are paid , and farther full power is given to the Trustee and holders of said bonds to oolleot rentals and pay the same on the debt and interest on said bonds , and to make an accounting to the City of Payetteville�at the and of the operation . Section 8 . The Mayor and City Clerk are hereby authorised and empowered to °sgeoute and acknowledge any agreements that may be necessary . for the purpose of carrying into effect this ordinnnoe . ` Section 9 . This ordinance is necessary and an emergency is hereby declared for the reasons that the water works system above described is in danger of being damaged for lack of improvements , great and it is inadequate , and there is/danger of .fire for lack of sufficient waterpressure ; - and further itisnecessary- for the preservation of - the publio . health and . safety , and it is necessary to have sufficient water for sanitary purposes , and an amergenoy is hereby deolared , and this ordinance shall take effect and be in force from and after its paseWDand pgblioation . Passed and approved this 1571 ' day of November , 1926 . Approved Ant tGet : May or . City Clerk I�( ORDINANCE NUDIBER 642 - ANORDI\Al C`E . OF THE CITY , ' �rOF FAYETTEVILLE/^ARKANSAS, - , GIVING AND GRANTING .TO TILE STATE OF ARKANSAS f�� BOARD OF IMPROVEMENT OF ` ss' li County of Washington J WATER IMPROVEMENT. DIS- TRICT . TRICT NUMBER ONE . OF THE CITY OF FAYETTEVILLE, ARKAN- I - , _ J ____________ _____________, do solemnly swear SAS, FULL ' CONSENT OF TILE that I am manager of the FAYETTEVILLE DEMOCRAT, a daily news- CITY OF FAYETTEVILLE, A ` D; FULLPOWER AND `'AUTH/r�JRITY; paper published in said county, and that I was manager on the dates of TO TAKE THE< SUM OF TWN HUN- publication hereinafter stated, and that said newspaper had a bona fide DRED THOUSAND ` >>00,000.00) circulation in said county on said dates, and had been regularly published (� - in said county for a period of one month next before the date of publication " - DOLLARS, . rYND TO • MtbRTGAGE }. I THE WATER .PLANT .OW THE IM_ of the advertisement hereto annexed, and that said advertisement was pub- `" I PROVEMENT DISTRIC I', AND ALL . ' RIGHTS AND FRANCHISES, AND lished in said newspaper------ ALL .` PROPERTY BELONGING see"4v4lyr on the following dates; r. - ---------------------------------------z-----�---x-Q-------- 192 -6- (Signed) -------�s--7- I -------- ---------------- Subscribed and sworn to before me this -----------------------day of c' l ,r i -------------------------------------------------------- -------------------------------------------------------- THERETO TO SECURE THE PA i WHEREAS, power is given to said 11 MENT OF ANY INDEBTEDNESS, • r Board of Improvement to mortgage BORROWED FOR THE PURPOS . the waterworks`system ; and .-. OF KEEPING- SAID, -PLIANT 1143 - WHEREAS, the estimated cost of GOOD REPAIR AND UP TO }'A� - - said repairs, together with the coli- PROPER STANDARD OF EF'F•ICL1 - tingencies and, incidentalsa will be ENCY, AND OTHER NECESSAItYI 7 more than Tivo Ijundred Thousand 'THINGS - TO KEEP SAID WATER ' ($200,000.00)';vDoll'ars, as shown in PLANT,.UP TO THE ABSOLUTIlLY the above and foregoing report of the NECESSARY STANDARD, SO AS Board of Improvement ; and TO FURNISH WATER TO THE WHEREAS, it is necessary, and CITY . OF FAYETTEVILLE _ ,AND the . City Councilso findsfor the i ITS iNHABITANTS. Board' Of _ ImProv , ctltent to borrow($ OQ00. WHEREAS, the Board" of +Im- Two Hundred Thousand, 2 _ provement of Water - Improvenont I Dtillars. 011•%, - I • - I District Number One has requested NOW THEREFORE, BE IT OR- that the City • Council by a proper DAINED ,by the ,City Council of the ordinancehive the consent of the, City of 'Fayetteville, as follows : City of Fayetteville to the Board of, Section 1. Said Cit Council heie Improvement of Water Improvement) - by confirms, ratifies and adopts the District Number-Otic. for the making resolution--of. the Board of Improve- of jmprov,eme'nts described in lthe , ment of Water. Improvement District resolution of the 1 Board of Improve - Number .One; .which is on filb with mentlof said Diatrlct, and described this City,-.Coumcil; and was in the 'report of the Engineer of the Passed District, dated October 22,- 1926; and I and approved 1st day of November, 1 and which is made a part of these WHEREAS, said report of Eng'- minutes. neer .has been made, and is now; al - i Section 2. That the City Council part of the resolution of said Board of - Fayetteville hereby consents and of improvement; and , has been duly gives its full and complete assent to approved, ratified and confirmed by the making of said improvements b the said Board �of improvement, which) the By ' Board of Improvement -of said vembcr,l - I.was on, the 1st. day,_,q,L...bo . Water Improvement District- Number 1926 ;, and I One. WHEREAS, the City Council finds Section 3. That the Board of Com- that it is absolutely necessary to missioners of Water Improvement `make said said described in. District- .Number One. Of- the City of said resolution of the •Board of lm- Fayetteville, Arkansas, be; and it his provement, which said resolution has hereby- been filed with this City Council, and direauthorized,, empowered and made apart of the record of the City cete"a- g issue its bonds amounting in;+{he '5ggregate' 'cxclusive of inter` Council, and is made a part of this est, to the sun of Two ordinance byereference ; and Thousand Hundred WHEREAS it is necessary to im• ($` 00,000.00) Dollars, and Y the City `consents and authorizes said - prove and enlarge said water plant as bonds to be in the denomination ,and set forth-ih said resolution of said amounts approved Board of Improvement; and Commissione sofby the Board ' of WHEREAS, there are not suffic- Water Improve- WHEREAS, funds on habelonging to , the g nd belon n meat . District -Number One; of the City , of Fayetteville, said bonds . to City of Fayetteville which can be-used covcr•'a period of fifteen years. fon the purposes named,' or sufficient Section 4. There is her funds on hand belonging to the Water - t ap - - !Distr t gavailable for went, of tithe ' b aside for the pay- Improvement j menti of � the ' obligations of the I,,,. that purpose ; and Pi•ovement District out of the operas- WHEREAS, it is the opinion of ing experise?5O acid Water Improve. ,- the City.'Council, and the City Connmerit District Number One. the fol- I cil so finds, that said Board of Im- lowing -sums; 4fw• the following provement of Water Improvement . to•wit : g fears, District Number One should provide A nail 1 • 9v r for the raisin of the , _ necessary . 1 1 T = --$ ' 5000.00 R October '.1, 1927_______ 10,000.00 . money to make said improvements, APribe'r 1923__ _______ 4,375.00 and to make thei same ; and ' October 1;. 1923___ __ __ 937500 WHEREAS, the Legislature of the 1+ • _ APril 1 1929__ 9,750.00 State of Arkansas by Act Number j� 192JI J50.00 45 of the General Assembly, of 1907, ? lApnl al, 1930_ ' __ 4•,625.00 passed and approved FebruarT 21, Ocfober . 1 , 1930____ __ _ 11;625.00 1907, confirmed the purchase of the - water works and plant of the Fay- % April 1, 1931_ __ ______ 4,450.00 .October . 1, 1931 :__ __ 11,950.00 etteville .Wator Company, giving and Ppril 1, 1932___ __ ____ 4,275.00 granting to the Board of Improve- ' meat of Water Improvement District). Number One full and complete pow - er and ownership over said water plant; and �,-__� October 1, _1932_ __ ____ 14,275.00 April 1, 1933_______ __ 4,025.00 October : 1, 1933-______ 14,020.00 - Aprill, 1934_ ________ 3,775.00 October 1 ,, 1934__,_'____ 15,775.0.01 - April 1, 193;X_ :=___ __ 3,475.0ction 7.` The City of Fayette- October 1, :1935_-_c_ __ 15,475.00 vine• hereby grants .to the fielders cti April- 1 , 1936_ _:______ 3,175.00 said bonds the right and October 1, 1936'____ __ 19,175.00 g Privilegeto take , over said plant and operate the . ' April 1, 1937--- ---___ 2,775.00 ' same as security . for the .�payment of October i:_193' 7"__IrM 20,77,_5.00 - $ the bonds in the 'event that such ac- April 1, -1938__,__,,,.,;?„2 .00 tion becomes necessary for the -pro. October 11 1938'__ ____ 20,325.00 ' tection4of the holders oflsaid bonds, April 1 , 1939---__ __ -_ - 11875.00 and the City hereby ' consents and October 1, ' 939�1R t_�i 26;875.00 gives authority and ' April . l , 19 0_ ___�__ ,_ «JJ 250100- Tpower o the Trustee and to the holders of said October 12, 1940_ __ ____26',250. 00 bonds to operate the plant if, default 1I April 1, 1941--- ----- - - 625.00 , be made in the payment of the bonds er Octob1, 1941:_-_'__ 25,625:00 and interest, which operation shall 1 The City Council hereby appropri- continue until all bonds and interest ates' and ' sets' ` aside . out of the thereon are paid,- and further , full revenues belonging- `w said ' water power is given to the Trustee and iworks , system the sums above named holders of said bonds to collect rent- for the, payment .of tic indebtedness als and pay the same on the debt made : necessary "to' i. c, said 'im- and interest on said bonds, and to provements. make an accounting to the City of Section. 5. . 1';i' G;1;, ci ;:ayette= Fayetteville and: the Board of Im dille which- ,lash ' ::crc :otoro taken prevenient at the end of the opera- part in the c,per;:i_ c: i of . the. water tion. . plant by the 1P.A( nt t nU* and action Section 8. •• The'. Mayor and City of a Board. of Managers, ,slid , Board Clerk -are hereby'. authorized and cm- of 111anagers. ' including, "represents- powered to execute and acknowledge tives of, the City . and the Board, of any agreements that maybe hcces- Improvement', ' hereby 'consents and sari for the .purpose of carrying in- insofar as said -City has • the 'power, to effect this ordinance. . ' gives, grants and authorizes .the Section 9. This ' ordinance is neces- Board of InrproBeinent of Water Im- sary .and an 'emcr"gency is ,hereby de+ provement- Dist rict • Number One to clared 'fbr 'the re`a'sons, that the 'water take all necessary,steps and proceed- works' :systeifi..'above : described is in ings for the purpose of making a danger of beingdamaged for lack of legal, binding and 'valid •mortgage by improvements, and it is ,inadequate, kk - said -Board of Improvement,of .Water and there is great danger,' of fire for I Improvement District Number One in lack of sufficient water pressure; and the Trpstec for the use and benefit of further it is necessary for ' the pre. the holder of the bonds, and to pledge servation of the public health and for the purposes. named in this ordi- safety, and it is necessary to have nance, and that of the resolution of sufficient water for, sanitary pur- the Board of Improvement, and to poses, and an emergency is hereby mortgage all of:the property . of said declared, and this+j'brdinance shall Board of Improvement including the take effect and be 'in'�for't . from and afteriits g ' "' p uncollected benefit assessments, if passa a and, �,b�]ication. there are any. Passed . and, approved flus 1st day Section 6. -' The '• City "sof"•Fayette- 1of I Nodember`,' 1926. . g , ville does not • undcrtakc . to - pay any Approved :,Allan .,VI; Jon, Mayor. .interest on . its . own• obligations; nor Attest: J. G. Dlassie, Oity Clerk. to pay any interest on the obligations (Seal ) 2-1t of the Water Improvement District ' Number^ One 'of theXity of Fayette- vile, not Having` the power . to pay any such interest but does hereby give' full power and its fullconsent w•itb0at limitationor restriction ex- cept as provided bylaw, to the execu- tion of all proper papers necessary to enable said Water Improvement -Dis- trict Number One to secure the .funds necessary, for making said improve- ment, and the said ' City, of Fayette- ville hereby obligates and binds 'it- self to make thepayments from the operating % revenues of . the water Jplant and on the "dates set ' forth above. .