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HomeMy WebLinkAboutOrd 0381 - Water and Sewer Revenue Bonds for Waterworks UtilityCITY OF TUKWILA, WASHINGTON ORDINANCE NO. 381 AN ORDINANCE specifiying and adopting a system or plan of additions to and better- ments and extensions of the waterworks utility of the City of Tukwila, Washington, including the system of sewerage as a part thereof; declaring the estimated cost there- of as nearly as may be providing for the issuance and sale of not to exceed $407,000.00 par value of water and sewer revenue bonds in one or more series to provide a part of the funds required to pay the cost there- of; declaring the intention of the City Council to form a local improvement district, the property therein to be assessed to the extent of not to exceed $412,000.00 of the cost of the improvement; creating a special fund to provide for the payment of said revenue bonds if necessary; and repealing Ordinance No. 377. WHEREAS, the Town (now City) of Tukwila, Washington, by Ordinance No. 320, as amended by Ordinance No. 332, speci- fied and adopted a system or plan for a system of sewerage for the Town (now City) and provided that that system shall become a part of the waterworks utility of the Town (now City), which system of sewerage was thereafter acquired and constructed, and the systems of water supply and distribution and sanitary sewage disposal, as combined pursuant to RCW 35.67.3 and by Ordinance No. 320, as amended by Ordinance No. 332, together with all additions thereto and betterments and extensions thereof now or at anytime hereafter made, shall hereinafter be referred to as the "waterworks utility of the City," NOW, THEREFORE, THE CITY COUNCIL ti' THE CITY OF TUK'WILA, WASHINGTON, DO ORDAIN, as follows: Section 1. The inadequacy of the existing waterworks utility of the City is such that the public health, welfare, safety and convenience require, and it is advisable, that the additions to and betterments and extensions of the waterworks utility of the City hereinafter provided for be made. Section 2. The gross revenues and benefits to be derived from the operation and maintenance of the waterworks utility of the City at the rates to be charged for water service and sanitary sewage disposal service on the entire utility will, in the judgment of the City 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 waterworks utility of suffi- cient.amounts to pay interest on the water and sewer revenue bonds herein authorized to be issued and on all outstanding "Water and Sewer Revenue Bonds, 1961," dated September 1, 1961, as such interest becomes due and payable, and to pay and redeem all of said bonds at maturity. Section 3. The City of Tukwila, Washington, hereby specifies and adopts a system or plan for making additions to and betterments and extensions of the existing waterworks utility of the City, as more particularly set forth in Exhibit "A" at- tached hereto and by this reference made a part hereof and incorp- orated herein, and described therein as "Collection System," "Trunk Sewers Within L.I.3}. No. 5 Serving as Both Trunk Sewers and Col- lection Lines Located Within L. I. D. No. 5," and "General Facilities." In addition to the facilities described in Exhibit "A," it is a part of said system or plan that the City provide side sewers to each property with a dwelling located thereon as well as to any vacant property for which the owner requests in writing the pro- vision of such side sewer. It is also a part of such system or plan that the City may, pursuant to RCW 35.67.300 and RCW 56.08.060, contract with Val Vue Sewer District, a duly organized and existing sewer district -2- in King County, Washington, whereunder either the City or said sewer district will construct for the joint use and benefit of the City and said sewer district, upon such terms and conditions and for such period of time as the City Council and Board of Sewer Commissioners may determine, all trunk sewers described under "General Facilities" on Exhibit "A" attached hereto, except the last described trunk sewer line on 63rd Avenue S., all of which shall hereinafter be referred to as the "Val Vue Trunk Sewers." The City Council may modify the details of the foregoing system or plan, such as to make reasonable modifications in the type, location and sizes of sewer lines, or in any other details of said plan, prior to or in the actual course of construction and installation, where in its judgment it appears advisable and in the best interest of the City, provided such modifications do not substantially alter the purposes herein set forth. Section 4. The life of the foregoing additions, betterments and extensions is hereby declared to be at least thirty years. Section 5. The estimated cost, as near as may be, of the aforesaid system or plan of additions, extensions and betterments is hereby declared to be $819,000.00. Section 6. The cost of acquiring, constructing and completing the foregoing system or plan shall be paid as follows: (a) The cost of the construction and installation of the "Collection System" described in Exhibit "A" attached hereto, side sewers where installed, and the equivalent reasonable cost of local 8 -inch sewer lines, if the same were constructed at the locations of the trunk sewers described in Exhibit "A" attached hereto as "Trunk Sewers Within L.I.D. No. 5 Serving as Both Trunk Sewers and Collection Lines Located Within L.I.D. No. 5 "(in accordance with the provi- sions of RCW 35.43.040) shall be paid by assessments to be levied in the amount of not to exceed $412,000.00 against the property included in the local improvement district proposed to be formed, as herein- after set forth, and specially benefited by such improvement; and (b) The excess cost, over and above the equivalent reasonable cost of 8 -inch local sewers to be assessed as above set forth, of the trunk sewers described in Exhibit "A" attached hereto. as "Trunk Sewers Within L.I.D. No. 5 Serving as Both Trunk Sewers and Col- lection Lines Located Within L.I.D. No. 5" and the cost of the "General Facilities" as described in Exhibit "A" hereto attached shall be paid from the proceeds received from the issuance and sale of "Water and Sewer Revenue Bonds, 1963" in the amount of not to exceed $47,000.00; provided, however, that in the event Val Vue Sewer District, King County, Washington, shall construct the "Val Vue Trunk Sewers" above referred to, the amount of such authorized "Water and Sewer Revenue Bonds, 1963" shall be reduced by $140,000.00 to not to exceed $267,000.00. Section 7. The "Water and Sewer Revenue Bonds, 1963," herein authorized to be issued and sold in the principal sum of not to exceed $407,000.00 par value shall bear interest at a rate or rates not to exceed 6% per annum, payable semiannually, with interest coupons attached; shall be numbered from "one" upward conse- cutively; -and shall be in such denominations and form, shall bear such date 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 the date of issuance and ending not later than thirty years thereafter, or may be term bonds, shall have such option of pay ment _prior to maturity, shall guarantee such coverage and col lection of rates, shall provide for such additional funds and accounts, and shall contain and be subject to such provisions and covenants, as shall hereafter be provided by ordinance. The bonds shall be sold in such manner as the City Council of the City of Tukwila shall deem to be in the best interests of the City. Section 8. If the conditions required to be met for the issuance of parity bonds, as set forth in Section 7 of Ordinance No. 334, adopted August 7, 1961, shall be met at the time of the issuancecf the bonds herein authorized, and said bonds shall be issued as parity bonds with the outstanding "Water and Sewer Revenue Bonds, 1961," dated September 1, 1961, the bonds herein authorized shall be payable solely out of the special fund of the City created by Ordinance No. 320, passed May 1, 1961, as amended by Ordinance No. 332, passed August 7, 1961, and known as "Water and Sewer Revenue Bond Fund, 1961." In the event that the bonds herein authorized shall not be issued as parity bonds, the bonds shall be payable solely out of the special fund hereinafter 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 of the City pledged to such special fund and shall not be a general obligation of the City of Tukwila, Washington. Section 9. In the event that the bonds herein authorized shall not be issued as parity bonds as referred to in Section 8 above, there shall be and hereby is created and established in the office of the Treasurer of the City of Tukwila a special fund to be known as "Water and Sewer Revenue Bond Fund, 1963," which fund is to be drawn upon for the sole purpose of paying the principal of and interest on the bonds herein authorized to be issued. From and after the date of the issuance of said bonds and so long thereafter as bonds are out- standing against said "Water and Sewer Revenue Bond Fund, 1961," or said "Water and Sewer Revenue Bond Fund, 1963," as the case may be, the City Treasurer shall set aside and pay into the appro- priate fund, out of the gross revenues of the waterworks utility of the City, a fixed amount without regard to any fixed proportion, namely, an amount sufficient to pay the principal of and interest on all bonds payable out of said special appropriate 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 utility are hereby pledged to such payment and the bonds herein authorized shall constitute a charge or lien 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 issuance of parity bonds as set forth in Section 7 of Ordinance No. 33L, adopted August 7, 1961, 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 "Water and Sewer Revenue Bonds, 1961." If said parity conditions shall not be met the charge or lien upon such gross revenues for the bonds herein authorized shall be subordinate and inferior to the prior charge or lien upon such gross revenues for the presently out- standing "Water and Sewer Revenue Bonds, 1961." Section 10. The City Council and corporate author- ities of the City of Tukwila hereby declare that in fixing the amounts to be paid into said "Water and Sewer Revenue Bond Fund, 1961," or said "Water and Sewer Revenue Bond Fund, 1963," as the case may be, as set forth herein, they have exercised due regard to the cost of operation and maintenance of the waterworks utility of the City and the debt service requirements of the outstanding "Water and Sewer Revenue Bonds, 1961," dated September 1, 1961, and the City of Tukwila 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 waterworks utility than in the judgment of the City Council will be available over and above such costs of maintenance and operation and debt service requirements of the outstanding "Water and Sewer Revenue Bonds, 1961." Section 11. The proceeds from the sale of the "Water and Sewer Revenue Bonds, 1963," herein authorized shall be used for the sole purpose of constructing and acquiring the system or plan of additions to and betterments and extensions of the waterworks utility of the City as herein set forth and of paying such part of the cost and expenses connected therewith as set forth in Section 6 hereof, and the City of Tukwila shall, through its proper officers and agents, proceed with the construction and acquisition of said system or plan as herein set forth upon the condition that a local improvement district is hereafter formed for the pzse of assessing not to exceed $412,000.00 of the cost of said improvement against the property specially benefited thereby as set forth in Section 6 hereof. Section 12. It is the intention of the City Council, in connection with carrying out the improvement above set forth, to form a local improvement district to be known as "Local Improvement District No. 5" and to adopt its resolution of intention so to proceed. Section 13. Ordinance No. 377, passed by the City Council and approved by the Mayor on February 25, 1963, is hereby repealed. PASSED unanimously by the City Council of the City of Tukwila, Washington, at a regular meeting thereof and APPROVED by the Mayor of the City this 3rd day of June, 1963. ATTEST; elf CLERK APPR Ir' AS TO FOR CITY A72ORNEY COLLECTION SYSTEM ON 53d Avenue S. 55th Avenue S. 56th Avenue S. 56th Place S. 57th Avenue S. 58th Avenue S. Easement Between 58th Avenue S. 59th Avenue S. 59th Avenue S. 59th Avenue S. 59th Place S. Interurban Avenue S. 139th Street S. 141st Place S. 142d Street S. 144th Street S. 144th Street S. 147th Street S. 147th Street S. 149th Street S. 149th Street S. 150th Street Easement along the East boundary of Seattle Land Company's Five Acre Tracts, Vol. 6 90 L.I.D. NO. 5 AND RELATED GENERAL FACILITIES CITY OF TUKWILA DESCRIPTION OF FACILITIES FROM S. 144th Street S. 144th Street S. 147th Street S. 141st Street S. 149th Street Cul -de -Sac South of S. 147th Street Approx. 550' S. of S. 147th Street S. 149th Street 100' North of S. 147th Street 59th Avenue S. Approx. 200' SE of S. 144th Street 55th Avenue S. 58th Avenue S. 58th Avenue S. Approx. 200' E. of 56th Avenue S. Approx. 200' East of 58th Avenue S. Approx. 250' West of 56th Avenue S. Approx. 187' East of 58th Avenue S. 57th Avenue S. 59th Avenue S. Macadam Road S. 147th Street TO Macadam Road S. 139th Street S. 139th Street S. 139th Street Interurban Avenue S. 141st Place S. 147th Street S. 147th Street 59th Place S. S. 142d Street S. 141st Place Interurban Avenue Interurban Avenue 59th Place S. 56th Avenue S. 58th Avenue S. 59th Avenue S. 58th Avenue S. Approx. 700' Westerly 62nd Avenue S. Approx. 500' Ely S. 150th Street EXNIBIi_ R SIZE 8" 8" 8" 8n 8" 8" 8" 8n 8►► 8n 8n 8" 8" 8 8n 8" 8" 8 8" 8" 8" 8" -2- ON FROM TO SIZE 65th Avenue S. S. 151st Street Secondary State 8" Highway 1 -L S. 153d Street 65th Avenue S. Approx. 300' Wly 8" 64th Avenue S. S. 153d Street Approx. 350' Sly 8" Easement Point on 64th Ave. S. Point on 65th Ave. S. 8" 350' S. of S. 153d St. 350' S. of S. 153d St. TRUNK SEWERS WITHIN L.I.D. NO. 5 SERVING AS BOTH TRUNK SEWERS AND COLLECTION LINES LOCATED WITHIN L.I.D. NO. 5 ON FROM TO SIZE 53d Ave. S. Secondary State Approx. 300' Sly. 24" Highway 1 -L Macadam Road S. 1524 Street 53d Avenue S. 18" 53d Avenue S. Macadam Road S. 144th Street 18" Interurban Avenue S. 141st Place S. 137th Street 15" Easement along S. 137th Street 42d Ave. South 15" Power Line R/W (Parallel to Interurban Ave.) Secondary State 57th Avenue S. Christianson Road 10" Highway 1 -L` South 164th Street 57th Avenue S. 63d Avenue S. 12" GENERAL FACILITIES (Does not include Trunk Sewers inside of L.I.D. Boundary) 1. Sewage Lift Station located in vicinity of the intersection of Interurban Avenue (IS._S.H. 5 -M) and S. 137th Street. 2. Pressure line from Lift Station to gravity trunk line located as follows: ON FROM TO SIZE S. 137th Street Interurban Avenue 534 Avenue S. 10" 53d Avenue S. S. 137th Street S. 144th Street 10" 3. Trunk Sewers located as follows: S. 1524 Street Macadam Road Approx. 52d Avenue S. 24" Approx. 52d Ave. S. S.152nd Street Secondary State 24" Highway 1 -L Secondary State Approx. 52d Ave. S. 53d Avenue S. 24" Highway 1 -L -3- ON Easement Across Wash. State Hwy Right -of -Way Across Wash. State Hwy Right -of -Way 57th Avenue S. FROM Point on 53d Ave. S. approx. 300' S. of S.S.H. 1 -L Point approx. 470' S. of S.S.H. 1 -L and approx. 110' W. of 53d Avenue S. Point approx. 640' E. of 53d Avenue S. and approx. 1,530' N. of S. 162d Street Approx. 1,300' N. of S. 162d Street 63d Avenue S. S. 158th Street TO Point approx. 470' S. of S.S.H. 1 -L and approx. 110' W. of 53d Avenue S. Point Approx. 640' E. of 53d Avenue S. and approx. 1,530' N. of S. 162d St. 57th Avenue S. approx. 1,300' N. of S. 162d St. S. 164th Street SIZE 24" 24" 24" 2 Secondary State 12" Highway 1 -L