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0010 Water Works System 1951ORDINANCE NO. AN ORDINANCE AUTHORIZING AND ]R OVIDING FOR THE ACQUIRING OF, CONSTRUCTION OF, INSTALLATION AND OPERATIONS OF A WATER SYSTEM AND WORKS, AND DISTRIBU- TION OF WATER FOR THE INHABITANTS OF THE VILLAGE OF CHUBBUCK, AND FOR THE BENEFIT OF THOSE SERVED BY THE SYSTEM AND FOR THE PRONDTION OF PUBLIC WELFARE, IMPROVEMENT OF HEALTH, SAFETY, COMFORT AND CONVENIENCE OF THE INHABITANTS OF THE VILLAGE OF CHUBBUCK; SETTING FORTH A BRIEF AND GENERAL DESCRIPTION OF THE SAID WORKS AND WATER SYSTEM TO BE ACQUIRED AND CONSTRUCT- ED; REFERRING TO THE'PRELIMINARY REPORT, PLANS AND SPECIFICATIONS WHICH HAVE BEEN PREPARED AND FILED WITH THE VILLAGE BY A QUALIFIED ENGINEER CHOSEN FOR THAT PURPOSE; SETTING FORTH THE COST OF THE WORKS AND SYSTEM AS ESTIMATED BY THE ENGINEER SO CHOSEN; ORDERING THE AQUISITION, CON - STRUCTION AND INSTALLATION OF SAID WORKS AND WATER SYSTEM; DIRECTING THAT REVENUE BONDS OF THE VILLAGE OF CHUBBUCK SHALL.BE ISSUED BY THE VILLAGE OF CHUBBUCK UNDER AND PURSUANT TO THE PROVISIONS OF CHAPTER 47, 1953 SESSION LAWS OF THE STATE OF IDAHO, KNOWN AS THE REVENUE BOND ACT, -IN AN AMOUNT NECESSARY TO PAY THE COST OF THE SAID WORKS AND WATER SYSTEM, PRELIMINARY EXPENSES AND COSTS, AND ALL COSTS AND EXPENSES REQUIRED THEREFOR; PROVIDING FOR THE PAYMENT OF SAID BONDS AND INTEREST TO BE MADE SOLELY OUT OF THE REVENUES RECEIVED FROM THE OPERATION OF SAID WORKS AND WATER SYSTEM; PROVIDING THE MAXIMUM RATE OF INTEREST ON SAID BONDS; PROVIDING FOR THE LIEN OF SAID BONDS TO BE A PRIOR AND PARAMOUNT LIEN ON THE REVENUE RECEIVED FROM OPERATION OF SAID WORKS AND WATER SYSTEM FOR WHICH SAID BONDS ARE TO BE ISSUED; PROVIDING THAT THE VENUE BONDS SO ISSUED AND INTEREST THEREON SHALL BE PAID SOLELY FROM THE REVENUES DERIVED FROM THE OPERATION OF SAID WORKS AND WATER SYSTEM AND NOT-BE A DEBT OF THE VILLAGE OF CHUBBUCK, AND THE VILLAGE OF CHUBBUCK SHALL NOT BE LIABLE THEREON; PROVIDED SAID BONDS SHALL NOT BE PAYABLE OUT OF ANY FUND OTHER THAN THE SAID REVENUE PLEDGED FOR THE PAYMENT THEREOF; PROVIDING FOR THE CALLING AND IIOLDING OF AN ELECTION BY THE QUALIFIED ELE -CTORS OF SAID VILLAGE PRIOR TO THE ISSUANCErOF SAID REVENUE BONDS, SETTING THE DATE AND TIME OF THE HOLDING OF SUCH ELECTION IN SAID VILLAGE AND THE NOTICE OF SUCH ELECTION, FOR THE QUALIFIED ELECTORS TO VOTE IN FAVOR OR AGAINST THE ACQUIRING AND CONSTRUCTION OF SUCH WORKS AND WATER SYSTEM AND THE ISSUANCE OF REVENUE BONDS ON THE REVENUE OBTAINED FROM THE OPERATION OF SAID SYSTEM TO PAY FOR THE PRINCIPAL AND INTEREST OF SUCH BONDS; PROVIDING FOR PUBLICATION OF THE NOTICE OF SUCH ELECTION, AND PROVIDING THE FORM OF BALLOT TO BE USED IN SUCH ELECTION; PROVIDING FOR THE OF TAKING EFFECT OF THIS ORDINANCE; REPEALING ALL ORDINANCES AND PARTS OR ORDINANCES IN- SO -FAR AS THEY MAY BE IN CONFLICT WITH THIS ORDINANCE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF CHUBBUCK, BANNOCK COUNTY, IDAHO: Section to That the Village of Chubbuck, having no water works, or water works system, or water supply for furnishing water and distributing the same and supplying the same to the inhabitants of the Village of Chubbuck, or for supplying water to the Village for fire protection, sanitary uses and other uses of the Village, and necessity.existing therefor, it is now hereby determined and declared to be necessary that the Village now acquire, construct and install, operate and maintain a sufficient water works system for the purpose of supplying and dis- tributing water to the inhabitants of the Village of Chubbuck, and supplying water to the Village for fire protection, sanitary uses and other Village uses for the use and benefit of the Village and the inhabitants, for the promotion of the welfare and improvement of the health, safety, comfort and convenience of the Village and the inhabitants of the Village of Chubbuck. Section 2. That.the Village of Chubbuck shall acquire, upon approval at the election hereinafter provided for, the necessary lands, sites, rights and easements therefor, and immediately construct and install and thereafter operate and maintain a water works and water works system in and for the Village of Chubbuck for the purpose of furnishing and delivering water to the inhabitants of the Village for their use, and furnishing and supplying a sufficient supply of water to the Village for fire protection, sanitary uses and other uses of the Village. a. That a general description of said water works system and water system to be thus acquired, constructed and installed is as follows: Acquire a site for and drill a twelve inch well and install therein a sufficient turbine pump to pump and discharge the water into the mains, and construct and install a storage reservoir connected with the mains at a location to be selected a sufficient elevation above the general elevation of the Village to provide adequate pressure and storage; also, to construct a system of water mains of sufficient size and capacity through- out the Village to serve the inhabitants of the Village, and to construct, install and locate at proper places a sufficient number of hydrants connected with said water mains to serve the Village, and make at least 100 suitable locations service con- nections in said mains from which to serve the inhabitants of said Village and said fire hydrants; also, install necessary mains and connections to connect the said water system with a certain well already drilled and located in Aero Park Subdivision to be used as an emergency supply of water to the Village; to purchase and install water meters for all services for distribution of water to - 2 - consumers for domestic use and fire protection, and the system to be also of sufficient capacity to furnish water to users out- side the Village, when the Board of Trustees of the Village shall from time to time determine that it is to the interest of the Village to furnish such users on the outside of the Village with water for use and fire protection. That a preliminary report, plans and specifications for said water system and works have heretofore been prepared by a competent engineer employed by the Village therefor, and filed with the Village, to which reference is hereby made. b. That the cost of the acquiring, constructing and installing said waterworks and system, as estimated by the said engineer chosen by the Village therefor, is $ 70,000.00. c. That revenue bonds of the Village shall be issued pursuant to the provisions of Chapter 47, 1951, Session Laws of the State of Idaho, known as the Revenue Bond Act, in such amount as may be necessary to pay the cost of acquiring, constructing and installing of said water system and works, and also including the acquiring of necessary property and all necessary preliminary expenses incurred in the making of surveys, estimates of cost and revenue, employment of engineers and other employees, making of notices, taking of options, legal and clerical help, and all other expenses necessary to be made and paid prior to the authorization for the issuance of such revenue bonds; any funds so expended by the Village shall be fully reimbursed and repaid to the Village out of the sale of such revenue bonds, and before any other dispersements are made therefrom, and the amount so advanced by the Village to pay such preliminary expenses shall be a first charge against the proceeds resulting from the sale of such revenue bonds, until the same has been repaid, as herein provided. d. That the said bonds shall not draw interest in excess of 4% per annum, and the said bonds and interest shall be matured as follows: 3 - CHUBBUCK, IDAHO, WATER SYSTEM TENTATIVE SCHEDULE OF BOND RETIREMENT Principal 470,000.00. Assumed Interest Rate 3f . Assumed Date of Issue October 1, 1951. SEMI - ANNUAL PAYMENTS PAYMENT DATE PRINCIPAL INTEREST 1952 January §1,400.00 July 1,400.00 1953 January 1,400.00 July 10400.00 1954 January 10400.00 July 12400.00 1955 January 19400.00 July 19400.00 1956 January 1,400.00 July 12400.00 1957 January 1,600.00 July 10600.00 1958 January 1, 600.00 July 10600.00 1959 January 1,600.00 July 10600.00 1960 January 1, 600.00 July 1,600.00 1961 January 1,600.00. July 1,600.00 1962 January 12800.00 July 1,800.00 1963 January 12800.00 July 12800.00 1964 January 19800.00 July 10800.00 1965 January 1,800.00 July 12800.00 1966 January 1,800.00 July 1,800.00 1967 January 2,200000 July 2,200.00 1968 January 20200.00 July 2,200.00 1969 January 2,200.00 July 2,200.00 1970 January 21200.00 July 22200.00 1971 January 20200.00 July 2,200.00 TOTALS 670,000.00 - 3a - $ 525.00 1,029.00 1,008.00 987.00 966.00 945.00 924.00 903.00 882.00 861.00 840.00 816.00 792.00 768.00 744.00 72:0.00 696.00 672.00 648.00 624.00 600.00 573.00 546.00 519.00 492.00 465.00 438.00 411.00 384.00 357.00 330.00 297.00 264.00 231.00 198.00 165.00 132.00 99.00 66.00 33.00 6:22,950.00 e. That said revenue bonds and all interest thereon shall be paid for solely from the revenues derived from the operation of said works and water system, and shall not be a debt of the Village of Chubbuck, and the Village of Chubbuck shall not be liable thereon, and said bonds and interest shall not be paid out of any fund, other than the said revenue derived from the operation of said water system pledged for the payment thereof. f. That said bonds shall constitute a lien and be a prior and paramount lien on the revenue derived from the operation of said water system, for which said bonds are issued, and all bonds of the same issue shall be subject to the prior and superior rights of outstanding bonds, claims or obligations and of a prior and paramount lien on the revenue from the works for which such bonds have been issued over and ahead of all bonds of any issue payable from said revenue, which may be subsequently issued, and over and ahead of any claims or obligations against said revenue subsequently incurred. All bonds of the same issue shall be equally and ratably secured without priority by reason of number, date of bonds, of sale, or execution or of delivery, by a lien on said revenue of the water system in accordance with the provisions of the Revenue Bond Act, Chapter 47, 1951 Session Laws of Idaho, and in accordance with the provisions of the ordinance authorizing said bonds, and all bonds and interim receipts or certificates issued shall be fully negotiable within the meaning of and for all the purposes of the negotiable instruments law. Section 3. That an election is hereby ordered and called to be held within the one ward of the Village of Chubbuck, on August 27th, 1951, at the voting places hereinafter designated and - 4 - established, and the polls for said election shall be open at the hour of 9:00 o'clock A. M. of said day, and remain open continuously, and to close at the hour of 7:00 o'clock P. M. of said day for the purpose of submitting to the qualified electors of said Village for their determination, the following questions, to -wit: 1. In favor of issuing revenue bonds in the amount of X70,000.00 for the purposes provided by ordinance number of the Village of Chubbuck. 2. Against the issuance of revenue bonds in the amount of $70,000.00 for the purposes provided by Ordinance number A2_ of the Village of Chubbuck. The voter shall make En "X" in the appropriate space opposite the words which express his choice in favor of or against the issuance of said bonds. Section 4. The Village shall constitute one voting ward, and the voting place for the holding of said election shall be at ZVI, in said Village. Section 5. The Village Clerk shall give notice of said election by causing notice thereof to be published in the Idaho State Journal, a newspaper of general circulation in Bannock County, Idaho, and in the Village of Chubbuck, herein designated as the paper in which to publish said notice, and said publication to be once a week for two successive weeks prior to said election, the first publication thereof to be not less than twenty (20) days previous to the date of said election the 3 publication of said notice to be on � h, 1951, August % 1951, and August W1, 1951; said notice shall set forth the purpose of said ordinance, the amount of bonds authorized by its the maturity dates of said bonds, the maximum rate of interest they shall draw, the voting places, the hours between which the polls will be open, and the qualifications of voters who may vote thereat, and the Clerk shall also post three (3) copies of the Notice of said election in three of the most public places in said ward where the election is authorized to be held, one of such notices to be posted - 5 - A-,-- . je46Aee at the of th`'piace where such election is authorized to be held, and the other two at the most public or suitable places in said ward, which notices of election shall be substantially in the following form: NOTICE OF SPECIAL REVENUE_ BOND EIE CTION. Pursuant to Chapter 47 of the 1951 Session Laws of the State of Idaho and Ordinance number Z of the Village of Chubbuck in the State of Idaho, PUBLIC NOTICE IS HEREBY GIVEN That a special revenue bond election will be held in the Village of Chubbuck, Bannock County, Idaho, within the ward of said Village at the voting place hereinafter designated, on the 21th day of August, 1951, beginning at the hour of 9 :00 o'clock A. M., and closing at the hour of 7:00 o'clock P. M. of said day, for the purpose of taking a vote of the qualified electors of said Village, upon the following question, to -wit: Shall the Village of Chubbuck be authorized to issue revenue bonds in the amount of $70,000.00 for the purposes provided by Ordinance number , &') of the Village of Chubbuck, which purposes described in said ordinance are as follows, to -wit: Acquire a site for and drill a twelve inch well and install therein a sufficient turbine pump to pump and discharge the water into the mains, and construct and install a storage reservoir connected with the mains at a location to be s]ected a sufficient elevation above the general elevation of the Village to provide adequate pressure and storage; also, to construct a system of water mains of sufficient size and capacity throughout the Village to serve the inhabitants of the Village, and to construct, install and locate at proper places a sufficient number of hydrants connected with said water mains to serve the Village, and make at least 100 suitable locations service connections in said mains from which to serve the inhabitants of said Village and said fire hydrants; also, install necessary mains and connections to connect the said water system with a certain well al- ready drilled and located in Aero Park Subdivision to be used as an emergency supply of water to the Village; to purchase and install water meters for all services for distribution of water to - 6 - consumers for domestic use and fire protection, and the system to be also of sufficient capacity to furnish water to users outside the Village, when the Board of Trustees of the Village shall from time to time determine that it is to the interest of the Village to furnish such users on the outside of the Village with water for use and fire pro- tection* BALLOT'. FOR SPECIAL REVENUE BOND ELECTION, HELD AUGUST 21th, 1951, IN THE VILLAGE OF CHUBBUCK, BANNOCK COUNTY, IDAHO. Instructions to voters: The voter shall make an 11X" in the appropriate space opposite the words which express his choice in favor of, or against the issuance of said bonds. Question 1. In favor of issuing revenue bonds in the amount of $70,000.00 for the purposes provided by Ordianance number /2— of the Village of Chubbuck. Q Question 2. Against the issuance of revenue bonds in the amount of $70,000.00 for the purposes provided by Ordinance number ��_ of the Village of Chubbuck. 0 At said election, the entire Village shall constitute one voting ward, and the voting place.of said election shall be as f ollows At BUlIUE 15 Ft1HY'hEkl UIVEB That each and every person, in order to vote at said election, must be a qualified elector of the State of Idaho, and must have resided within the Village of Chubbuck for at least three (3) months preceding the election, and must be registered, as provided by law. Charlotte Kennedy, Village Clerk, is the official registrar for the Village. Persons may register at any time, during office hours, beginning with the day that the notice of election is given, and each day thereafter, until and including the Saturday next preceding said election, and on Thursday, August -ADVIL, 1951s Friday, August :2yth, 1951, and Saturday, August ,Uth, 1951, next preceding said election, persons may register between the hours of 9 :00 o1clock A. M. and - 7 - 5:00 otclock P. M., and between the hours of 7 :00 otclock P. M. and 9 :00 o t clock P. M, at the Office of the Village Clerk. The voting at said election shall be by ballot. The ballots to be supplied to the voters for that use in said election, shall be as set forth in Ordinance number 140 _ of the Village of Chubbuck. Dated at Chubbuck, Idaho, this 36th day of July, 1951. VILLAGE OF CHUBBUCK VILLAGE -- CLERK.;:. Section 6. If the revenue bonds are authorized to be issued.. the Board of Trustees of the Village of Chubbuck will provide by additional ordinance for the issuance thereof, as provided by the pro- visions of Chapter 47, 1951 Session Laws of the State of Idaho. Section 7. That all ordinances and parts of ordinances in -so -far as they are in conflict with this ordinance are hereby repealed. Section 8. This ordinance shall be irrepealable during the life of any revenue bonds issued, as provided herein. Section 9. This ordinance shall take effect and be in full force and effect from and after its passage, approval and due publication in one issue of the Idaho State Journal, published at Pocatello, Bannock County, Idaho, hereby designated as the official newspaper for the Village, in which this ordinance shall be published. ATTEST Passed this _.349 day of July, 19516• Approved this .:?10 day of July, 1951, BOARD OF TRUSTEES OF THE VILLAGE OF CHUBBUCK BY Vil3Age Clerk.