HomeMy WebLinkAbout0010 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
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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
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$ 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
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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
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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
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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
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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.