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HomeMy WebLinkAbout1669 AN OHDINANCE providing for the acquisition by purchase of certain additions, ex- tensions and betterments to the system of sewerage of the City of Bremerton, specify- ing and adopting a system or plan for purchasing, managing, regulating, controlling and operating the system of sewerage to be so acquired, fixing and establishing monthll rates and charges to be paid by persons connected to said system of sewerage, and pro- viding for the collection of such rates and charges~ declaring the estimated initial cost of acquiring said system of sewerage pursuant to said system or plan as near as may be, authorizing the issuance of special Eanette Sewer Revenue Bonds in the princi- pal sum of $24,000 to pay the cost therefor, creating a special fund for the payment of said bonds, and providing for payment of principal and interest of said bonds out of gross revenues: THE CITY OF BREMERTON DOES ORDAIN: Section 1. That the City of Bremerton now owns and operates and has for many years last past, owned and operated a system of sewerage within and without the City oi Bremerton, for the general public welfare, health and safety; that it is essential to and in the intorest of the public welfare, health and safety that the City of ~remerto~ acquire by purchase and operate the system of sewerage hereinafter described, commonly known as the Manette Sewer System, as additions, extensions and betterments to the sewer system now owned and operated by the City of Bremerton. Section 2. That the United States of America owns an8 operates a system of sew- erage officially known as Manette Sewer System, Defense ?ublic Works Project #45-178, hereinafter referred to as the Manette Sewer System; that said Manette Sewer System was constructed by the United States of America during the War with the Axis powers, chiefly in territory then outside the City limits of the City of Bremerton, in aid of the construction of housing for War workers; that the City of Bremerton has since an- nexed the major portion of the territory served by said Manette Sewer System, and the United States of America and the Ci~y of Bremerton have agreed that it is in the best interest of the City of Bremerton and its inhabitants that the City of Bremerton should acquire said sewer system by purchase from the ~nited States of America and operate the same as additions, extensions and betterments to the existing sewer system of the City of Bremerton. Section 3. That the City of Bremerton hereby adopts the following system or plan of purchasing, managing, operating, regulating and controlling the said Manette Sewer ~ystem, all as set forth in Sections 4 to 15 inclusive of this Ordinance. Section 4. The City of Bremerton shall purchase the Manette Sewer System from the ~nited States of America as of the 1st day of June, 1946, for the reasonable and agreed purchase price of $16,000 and the City Treasurer is authorized and directed to pay the said sum to the United States of America or its authorized agency or represent- ative, out of the proceeds of Revenue bonds to be issued and sold as hereinafter set forth, upon the delivery of a good and valid conveyance, approved by the City Attorney, transferring to the City of Bremerton all the easements and rights of the ~nited States of America in and to the real property and personal property comprising a~id sewer system. Section 5. All moneys derived from the sale of said Revenue bonds as hereinafter set forth in the total sum of $24,000 shall be deposited in the ~anette Sewer Acquisi- tion Fund which the City Treasurer is hereby authorized and directed to set up and establish, and in addition to the purchase price hereinbefore referred to the City Treasurer shall be, and is hereby authorized to pay from said fund the authorized and approved initial expenditures necessary to place in operation the system or plan here- in fully set forth, including the expense of a complete survey by the City Engineer of the entire system so that records may be made and kept up to date of each and every connection with the said sewer system existing as of the 1st day of June, 1946, and a record may be made and kept of other pertinent engineering data relating to said sewer system, and including the expense of setting up and establishing, by the Water Depart- ment of the City of Bremerton, the necessary accounting, billing and collection pro- cedure herein authorized, and also including the expense of filing of record in the office of the County Auditor of Kitsap County, conveyances from the Onited States of America and any and all necessary repair work by the City Street and Sewer Department in order to put said Manette Sewer System into good condition and ready for operation. Section 6. That the estimated initial cost of acquiring said Manette Sewer Sy- stem by purchase and'placing into effect the system or plan herein set forth is hereby fixed as near as may be in the sum of $24,000. Section V.' Tha~ any person desiring or required by law to connect with the ~anette Sewer System shall fully comply with the provisions of the City Ordinances of the City of Bremerton. Section 8. Beginning as of June l, 1~6, any person, firm or corporation own- ing premises connected with the Manette Sewer System shall pay $1.50 per month for the privilege of maintaining each such connection; all funds derived from such monthly payments shall be deposited in the Marietta Sewer Utilities fund which the City Trea- surer is hereby directed to set up and establish; the said monthly charge shall accrue and become due and payable whether or not the premises connected with said sewer syste~ are occupied or whether or not storm and sanitary wastes are deposited from said premises into said sewer, providing, however, that responsibility to pay said monthly charge shall cease and terminate in the event all improvements on the premises served uralnance 160~ ~Cont'd) shall be torn down or otherwise removed from said premises. Said monthly charge shall become due and payable at the same time the monthly bill for water services becomes due in the district or area served and the City of Bremerton shall have as granted by State Law, a lien for delinquent and unpaid monthly sewer service charges, including interest at 8% per annum thereon, against the premises to which the sewer services shall have been furnished by reason of the maintenance of said connection. Such lien shall be effective for a total of not to exceed six months' delinquent charges without the necessity of any writing or recording. In order to make such lien effective for more than six months' charges the city shall cause to be filed for record in the office of the County Auditor of Kitsap County, a notice in substantially the following form: "SEWERAGE LIEN NOTICE City of Bremerton, Reputed Owner Notice is hereby given that Uhe City of Bremerton has and claims a lien for sewer charges against the following described premises, situated in Kitsap County, Washington, (here insert legal description of premises) Said lien is claimed for not exceeding six months such charges and interest now delinquent, amounting to $ .... , and is also claimed for future sewerage charges against Said Premises. Dated City of Bremerton By. " Said lien notice may be signed by the City Treasurer or Clerk or other official in charge of the administration of such utility. Such lien notice shall be recorded as prescribed by law for the recording of mechanics' liens. Liens hereinbefore referred to may be foreclosed by the City of Bremerton pur- suant to the provisions of State Law (Remington Revised Statutes 9354-10, 9354-11 and 9354-12). As an additional and concurrent method of enforcing the lien herein referred to, the City of Bremerton may enforce the said lien by cutting off the water service from the premises to which such sewer service has been furnished after the charges become delinquent and unpaid until such rates and charges are paid. The right to en- force such lien by cutting off and refusing water service as herein provided shall not be exercised after two years from the date of the recording of sewerage lien notice as in this Ordinance provided, except to enforce payment of six months' charges for which no lien notice is required to be recorded. Section 9. The WaFer vepartment of the City of Bremerton shall have the auth- ority and the duty of billing persons receiving sewer service by reason of having pre- mises connected with the Manette Sewer System and of keeping records and accounts showing the status of the account of each person connected with said sewer system with regard to payments. Charges shall be billed concurrently with the billing for water services and shall be paid to the City of Bremerton in the same manner and on the same dates charges for water services are paid. The Water Department of the City of Bremer- ton shall be reimbursed for the actual expenses of such billing, accounting and col- lection service from the ~anette Sewer Utilities fund. Such payment shall be made on approved vouchers. Expenses of upkeep and operation of said Manette Sewer System shall likewise be paid from said Manette Sewer Utilities Fund on approved vouchers. Section 10. The City of Bremerton does hereby adopt as an integral part of the system or plan for the above described improvement that it shall issue its Manette Sewer Hevenue Bonds in the principal sum of $24,000 which bonds shall be in denomina- tions of $500.00 each, numbered from 1 to 48 inclusive, shall be dated June 1, 1946 and shall bear interest at the rate of 2~% per annum, payable annually on the 1st day of June of each year and to mature serially in the order of their number as follows: June 1, 1947 $2,000. June 1, 1953 $2,000. June 1, 1948 2,000. June 1, 1954 2,000. June 1, 1949 2,000. June 1, 1955 2,000. June 1, 1950 2,000. June 1, 1956 2,000. June 1, 1951 2,000. June 1, 1957 2,000. June 1, 1952 2,000. June 1, 1958 2,000. The City of Bremerton reserves the right to redeem all or any of the unmatured bonds of this issue on any interest payment date on or after five (5) years from June 1, 1946, by giving thirty (30) days, notice of such intended redemption by publication of such notice in the official City Newspaper, and interest upon any bonds so called for redemption shall cease on the date the same are called for payment. Said bonds shall be payable in lawful money of the United States. Ordinance 1669 (Cont'd) Section 11. That said Hevenue bonds shall, except as to date of payment be in substantially the following form: No. Ssoo.oo UNITED STATES OF AMERICA STATE OF WASHINGTON CITY OF BREMERTON MANETTE SEWER REVENUE BOND 1946. K3;OW ALL MEN BY THESE PRESENTS: That the City of Bremerton, a municipal corporation of the State of Washington, acknowledges itself to owe, and for value received hereby promises to pay to bearer on the 1st day of June, 1947, the principal sum of $500.00, together with interest thereon at the rate of 2~% (per cent) per annum, payable annually, on the 1st day of June of each year, as evidenced by and upon presentation and surrender of the annexed interest coupons as they severally become due. Both principal and interest payable in lawful money of the united States, at the office of ~he City Treasurer of the city of Bremerton. Said bonds, both principal and interest, are payable solely out of the special fund known as "Manette Sewer Bond Re- demption Fund," created by Ordinance No. of said City. The City of Bremerton reserves the right to redeem all or any of the un- matured bonds of this issue, on any interest payment date on or after five (5) years from date hereof by giving thirty (30) days' notice of such in- tended redemption by publication of such notice in the City official paper, and the interest upon any bonds so called for redemption shall cease on the date the same are called for payment. This bond is one of an issue of special sewer revenue bonds in the prin- cipal sum of $24,000.00, issued pursuant to said Ordinance No. for the purpose of making certain additions and improvements to the existing sewer system of said city, by purchasing and operating the ~anette Sewer System, and is payable solely out of the gross revenue of the said Manette sewer system. The City of Bremerton hereby agr~es that it will ~eep and perform all of the covenants in this bond and in said Ordinance No. contained, to be by it kept and performed, and said City does hereby~evocably obli- gate and bind itself to set aside from the gross revenues of said Manette Sewer system and all additions thereto and pay into said fund, at least thirty (30) days prior to the respective dates on which the principal and interest of this issue of bonds shall be come due and payable, amounts sufficient to make such payments as they respectively become due. Said amounts so pledged are hereby declared to be a prior lien and charge upon the gross revenues of said Msnette Sewer system and all additions thereto, superior to all other liens and charges whatsoever, excepting ~he neces- sary cost of maintenance and operation of said Manette Sewer System. The City of Bremerton has further bound itself to establish and main- tain adequate rates for sewer service provided by said ~anette Sewer System and shall provide sufficient revenue to permit the payment into the said fund of the sums which the city has pledged to be set aside for the pay- ment of the principal and interest of this bond issue, and also to pay all the expenses of maintaining and operating said Manette Sewer system. It is hereby found, certified and declared that said bonds are issued pursuant to and in strict compliance with the laws and constitution of the State of Washington and the ordinances of said City of Bremerton, and that all acts, conditions and things required to be done precedent to and in the issuance of this bond have happened, been done and performed as re- quired by law. IN WITNESS WHEREOF, the City of Bremerton has caused this bond to be signed by its Mayor and attested by its City Clerk, and its Corporate seal to be hereto affixed, and the interest coupons attached to be signed with the facsimile signatures of said officers this 1st day of June, 1946. CITY OF BRENERTON, WASHINGTON By Section 1~/ All of said bonds shall be signed ~y the ~ayor, attested by the City Clerk under the seal of said City, and each of said interest coupons shall be signed with the facsimile signatures of said officers which shall be binding for all purposes upon said city. Section 13. There is hereby created a special fund, to be known as the"Manette Sewer Bond Redemption Fund," which said fund is to be drawn upon for the sole purpose of paying the principal and interest of such special sewer revenue bonds herein pro- vided for. From and after the date of said bonds, and as long as any of said bonds are outstanding and unpaid, the City Treasurer shall set aside and pay into the said fund at least thirty (30) days prior to the respective dates on which the interest and principal of said bonds shall become due and payable, certain fixed amounts out Ordinance 1669 (~ont'd) of the gross revenues of said Manette Sewer system, including all additions and tensions thereof, equal to the respective amounts of principal and interest, falling due upon any and all bonds issued hereunder and then outstanding. The gross revenue from said ~anette sewer system is hereby pledged to such payments, which shall con- stitute a charge upon all such gross revenues, prior and superior to all other charges whatsoever, excepting the necessary charges for maintenance and operation of said systtm. The corporate authorities of the city of Bremerton hereby declare that in fix- lng the amounts to be paid into said fund, they have exercised due regard to the cost of operation and maintenance of said sewer system; that no portion of the revenues of said system have been previously pledged for any indebtedness; that the gross revenues to be derived from the operation of said Manette Sewer system, in the judgment of said corporate authorities of said City, will be sufficient to meet all expenses of opera- tion and maintenance, and permit to be set aside in said special fund an amount suf- ficient to pay the principal and interest of the bonds hereby authorized and provided for as the same shall fall due. The City of Bremerton hereby irrevocably binds itself not to sell, lease, or in any manner dispose of said ~anette Sewer system, or any additions, extensions or improvements thereto, until all such bonds with interest thereon shall have been fully paid and said city hereby covenants and agrees to and with the holders of each and every one of said bonds to maintain in good condition and operate the said sewer system, and to establish and maintain such rates for sewer services provided by con- nections with said ~anette Sewer System as will provide sufficient revenue to produce the gross revenues required to meet the obligations of said city as herein set forth. Section 14o It is hereby declared to be in the best interest of the City of Bremerton that the Manette Sewer Revenue Bonds herein authorized, be not sold at public sale, but that the same be purchased by the following funds of the City of Bremerton as and for investment purposes, in the amounts hereinafter set forth: Employees' Retirement Fund $1~,000 Firemens' Pension Fund ~,000 Cemetery Investment Fund Z,O00 Policemens' Pension Fund ~,000 and the City Treasurer is hereby authorized and directed to purchase for each of the four funds above named, ~anette Sewer Revenue Bonds in the total par value set op- posite said respective funds, and to pay said amounts to the ~anette Sewer Acquisi~ tion Fund in the total sum of $~,000, the par value of said bonds on the date of their issuance, to-wit, on the 1st day of June, 1~48. Section l~. This ordinance shall be of full force ane effect thirty (~0) days from and after final passage and publication as provided by law. APPROVED on first reading this 18th day of April, 19~8, by the City Council of the City of Bremerton. PASSED on final reading this ~th day of April, 19~6, by the City Council of the City of Bremerton, signed by the ~ayor and attested by the City Clerk in authen- tication of such passage. ATTEST: