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HomeMy WebLinkAboutOrdinance 788 ORDINANCE No . 788 . rr 2S'/ ti A � 9 .. AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND EQUIPPING OF A SEWAGE TREATMENT PLANT AND OUTFALL SEL'IERS TO IMPROVE THE SEWER SYSTEM : PROVIDING FOR THE ISSUANCE OF REVENUE BONDS FOR SAID PROJECT : FIXING THE DETAILS IN RESPECT OF SAID BONDS AND PROVIDING FOR THE METHOD OF PAYMENT THEREOF : AND DECLARING AN EMERGENCY . WHEREAS , the City of Fayetteville , Arkansas , has no adequate sewage treatment plant and outfall sewers with Wurtenances , and the public inter- est and necessity require that same be construc.ted , to be owned and operated by the City of Fayetteville , Arkansas , and WHEREAS , the City Council of said City has caused to be made by a duly qualified engineer plans and specifications for such project , an estimate of the cost of the construction of the same , an estimate of the reasonable /the es necessary to be charged for services by the project , an estimate of revenues of such project , all of which have been heretofore filed with City Clerks and �- - - WHEREAS , such plans provide for the construction and equipment of a sewage treatment plant and outfall sewers , as improvements to the existing system, on the following described lands owned by the City of Fayetteville , Arkansas ; Part of the East Half of the Southwest Quarter of Section twenty- three ( 23 ) , in Township Sixteen ( 16 ) North, of Range Thiry ( 30 )y West of the 5th Princip�l 64eidian , described as follows : to wit : Beginning at a point `4 which is four ( 4 ) chains and twenty-six ( 26 ) feet east of the Northwest corner of said eighty acre tract ,• and running thence South one hundred and four ( 104 ) rods , more or less to the town branch ; thence down said branch with its meanderings to a point which is six and one -half chains due West of the middle of the channell of the West Fork of White River ; thence, East , six and onehalf chains to the middle of said West cork of White River ; thence down sa ;d River following the meanderings of the middle of the bharnell , North 8 West 9 Chains ; thence Borth 3 . 50 Chains ; thence Ncrt4 loo East Four ( 4 ) chains ; thence North 12 West 5 . 50 chains to North line of said 80 acre tract ; thence West ( 41 ) rods and thirteen aryl six -tenths ( 13 . 6 ) feet to the place of beginning , containing twenty-three acres more or. less . WHEREAS , the City has examined and approved said plans and estimates , and funds and declares that is for the best interest of the said City that said project be constructecli.and WHEREAS , said City ismwithout funds to carry out said plans , -but from the. proceeds of the Bonds hereinafter ordered to , be issued (hereinafter called the " Bonds " ) , authorized by Act 132 of the Acts of the Regular Session of the General Assembly of the State of Arkansas for the year 1933 , together with certain funds to be furnished by the United States of America , sufficient funds to do so can be provided ; . NOW, THEREFORE, BE IT RESOLVED BY THE SAID CITY COUNCIL OF THE CITY OF FAYETTEVILLE , ARKANSAS , as follows ; SECTION ONE : The estimated cost of the construction and equipping of -said Sewage Treatment Plant and out -fall Sewers , is found and declared to be the sum of One hundred thousand ( $100jp000 . 00 ) Dollars . SECTION TWO : The said Sewage Treatment Plant and Outfall Sewers ( also referred to as, " The #orks " ) shall be constructed xxaax1d1xg according ,to the plans and specifications heretogore filed with the CitynClerk , ' and reference to such plans and specifications is hereby made for a more detailed description . Said construction and the custody, operation and maintenance of said Works plant and the collection of revenues therefrom for the services tendered thereby shall be effected and . supervised by a Sewer Committee composed of George Sanders , B . B . Bronsgn and Earl Shook . The coutLe may remove any member of* the Sewer Committee withor without cause and may appoint substitute members in case of death, removal or resignation . The -terms of the construction of the "Works " so ' far as they are not set out in this Ordinance , shall be fixed by the Sewer Committee and it shall make all contracts or agreements necessary or incidental to the performance of its duties and the execution of its powers ,, providing that any contract relating to the financing of the construction herein provided shall be approved by the Council before the same shall be effective . SECTION THREE : None of the facilities or services afforded by the Works shall be furnished without a reasonable charge being made therefor . In the event that the City or any Department , agency or instrumentality thereof shall l tiJ Page #2 ORDINANCE #788-continued - avail itself of the facilities or services afforded by the Works , the reasonable value of the services or value of the services or facilities so ; afforded shall be charged against the City or such department , agency , or instrumentality, and shall be paid for as the charges therefor accrue . The revenues so received shall be deemed to be revenues derived from the operation of the Works and shall be used and accounted for in the same mann manner as any other revenues derived from the operation of the Wbrks . Provided , however, that nothing herein shall be construed as requiring the City or -any other Department , Agency, dr instrumentality thereof tol avail itself of the facilities or services afforded by the Works . SECTION FOUR : The Treasurer of the City shall be the custodian of the revenues derived from the Works and shall give Bond for the faithful ' discharge, of ' his duties as such custodian ( such Bond to be fixed and approved by this Council ) . The Treasurer of the City shall deposit all the revenues of the Works into a - separate fund to be administered as follows : ( a ) Operation and_Maintenance : An amount to pay the -reasonable and necessary expenses of operation , repair and maintenance shall be deducted from the monthly revenues as they accrue and shall be used to pay such expenses ; ( b ) Bond Fund : All the revenues remaining after the payment set forth in sub -paragraph ( a ) shall constitute the Net! ,irevenues of the Works and , to the extent necessary, shall be paid at monthly intervals into a Bond Fund to provide for the necessary fiscal agency charges , for making such payments ; and a margin for safety . Such margin, together with any unused surplus of the same carried forward from the preceding fiscal year, shall equal ten per centum of all other amounts required to be paid into the Bond Vund under the provisions of this section . ( c ) Surplus : In the event that a Surplus remains after the requirements of.. sub -paragraph ( a ) and ( b ) have been met , the City may use such surplus or any part thereof in its discretion to provide a fund for extensions, betterments and additions to the Works , or to purchase any of th Bonds outstanding at not exceeding Par and accrued interest if such Bonds are available on the open market , or in any other lawful manner , provided that an amount reasonably sufficient for operation , repair and maintenance 1 and for depreciation for an ensueing period of not less than twelve months has been fifst reserved . All Bonds purchased shall , forthwith be cancelled- and shall not again be issued . All moneys held in said Bond Fund shall be deposited in a Bank which is a member of the Federal Reserve . System and in which depositor are insured by the Federal Insurance Corporation . SECTION FIVE : So lon as any of the Boddspre outstanding, the Works shall be operateddu on a fiscal year basila . The first Fiscal year shall commence upon the first day of July 1936 , ( the estimated date of the, completion of the construction herein provided for ) , and shall end one year thereafter . SECTION SIX : Revenue Bonds of the City ( herein called Bonds ) shall be issued in the total amount of sixty -thousand (60 , 000 .00 ) Dollars which amount , together with funds to be furnished by the United States Govern- ment , is necessary to provide sufficient funds to pay all costs of the herein described contemplated construction, including, engineering , legal and other necessary expenses , together with interest to a period of six months after the estimated date of the " completion of the construction ; said Bonds , each to be designed " Sewer Revenue Bonds " , and shall be . dated November 1 , 1935 , shall be in the denomination of $1 , 000 . 00 each , shall be numbered one to sixty both inclusive , and shall mature in numerical order on November l , in each of the years and in the amounts named as follows : Page #3 ORDINANCE# 788- Year Amount Year Amount 1 1937 $22000 . 1950 $2 ; 000 . 1938 2, 000 . 1951 2 , 000 . 1939 2;000 . .1952 21000 . 1940 2 , 000 . 1953 r '21000 . 1941 2 , 000 . . 1954 3 , 000 . 3 1942 2 ; 000 . 1955 31000 . 1944 y 1943 2, 000 . 1956 3•, 000 . 2 , 000 . X957 3 , 000 . 1945 21000 * 0'1 1958 3 000 ; / 6 1946 2$:000 . 1959 31000 . V 1947 22000 . 1960 3 ; 000 . 1948 _ 2 , 000 . 1961 3 , OdO . 1949 . " 22000 . 1962 2 ; 000 . ' The Bonds shall bear interest at the rate of four per centum ( 4% ) per annum, payable May 1 , 19360 and semi -annually thereafter on the lst , • day of November and May in each year , shall be signed by the Mayor and sealed with the corporate seal of the City of Fayetteville , and attested by .the City Clerk of the City, and the interest upon the Bonds shall be evidenced by Coupons attached thereto , such coupons to be ' signed by the said Mayor and said City Clerk by their /�acsi.mile signatures ; m d said Mayor and said City Clerk shall by the execution of the Bonds adopt as and for t4eir own signatures their respective facsimile signatures appearing on said coupons . The Bonds and Coupons shall be payable in such funds as at thentime of the respective payments are legal tender for the payment of debt due the United States of America at the office of the City Treasurer, at Fayetteville , Arkansas . Bonds , together with interest thereon , shall be payable only out of the Bond Fund as hereinbefore defined . and shall be a valid claim of the holder thereof only against the Bond Fund, and the amount of the revenues pledged to said fund, which amount of said revenues is hereby pledged for the equal and ratable payment of the Bonds and shall be used for no other purpose than to pay the principal and interest of the Bonds as the same become due and payable . . ( Form of Bond follows ) i [Form of Bond ) UNITED STATES OF KMERICA STATE OF ARKANSAS COUNTY OF WASHINGTON The City of Fayetteville . SEWER REVENUE BOND Number . $1 , 000 : Know all men by these • presents That the City bf Fayetteville , in the Cdun y or Washington, Stater.ior Arkansas , hereby acknowledges itself to owe and , for value received , promise to pay to bearer as hereinafter stated, the sum of ONE THOUSAND DOLLARS ( $1 , 000 . ) on the first day of November with interest at the rate of four per centum ( 4% ) per annum, p— ayable May 1, 1936 , and semi -annually thereafter on the 1st , daysof November and May in each year , upon presentation and surrender of the annexed coupons as they severally become due . Both principal hereof and interest hereon shall be payable in such funds as at the time of the respective pay- ments are legal tender for the payment of the _ , debts due the United States of America , at the office of the City Treasurer , At Fayette - ville , Arkansas . This Bond is issued for , the purpose of providing for the payment of the cost of construction and equipping of a Sewage Treat - ment Plant and Outfall Sewers ( herein called the Works ) . This Bond - is issued in accordance with the provisions of Act 132 of the regular session of the Generdl Assembly of the State of Arkansas for the year 1933 , and does not constitute an indebtedness of said City within any constitutional or statutory limitation, and is payable solely from the Net revenues of said Works remaining after deduction of the reasonable monthly expense ofoperation, repairs and maintenance . Said Net revenues have been set aside and pledged as a special fund for that purposes-and identified as the " Bond Bund created by the Ordinance under which this Bond is authorized to be issued . There has heretofore been established by Ordinance adopted by said City and said City hereby covenants and agrees that it will maintain just and equitable rates or charges for the use of and the service rendered by said Works sufficient in each year for the payment ofithe proper and reasonable expenses of operation, repair, replacements and maintenance of said Works and for the establishement of a sufficient sinking fund to meet the principal of and the interest on this Bond as the same becomes due . It is provided in last said mentioned Drdd.nance that such rates or charges shall be paid by each land-owner whose , premises are connected with and use the Works by or through any part , of the Sewerage system of the City or whose premises in any way use or are served by the Works, which rate or charges -if not paid when due shall constitute a lein upon the premises served by the Works ' and shall be collected as provided by the law . IT IS HEREBY CERTIFIED, REG1TED':) 1ND DECLARED THAT ALL ACTS, conditions and things required to exist happen and be performed i precedent to and in the issuance of this Bond have existed , hags happened, and have been performed in due time , form and manner , as required by law , and that sufficient of the income and revenue tolbe derived from- the operation of said Works has been pledged to and will be set aside into samd special fund for the payment of the principal and interest of this Bond . IN WITNESS WHEREOF , The City of Fayetteville , Arkansas , by , its City Council has caused this Bond to be signed by the Mayor thereof and sealed with the Corporate Seal of said City and attested by its City Clerk , and caused the coupon hereto attached to be authenticated _ by the fac simile signatures of said Mayor and said City C1 erk , all as of the 1st , day of November 1935 , ( Seal ) City erk Passed and Approved pqfy November 13 , 1935 f