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652_00001CITY OF MOSES LAKE,WASHINGTON ORDINANCE NO.652 AN ORDINANCE specifying and adopting a system orplanofadditionstoandbettermentsandextensions i of the waterworks utility of the City of Moses Lake,Washington,including the system of sewerage as apartthereof;declaring the estimated cost thereofasnearlyasmaybe;providing for the issuance andsaleofapproximately$335,000.00 par value ofwaterandsewerrevenuebondstoobtainapart ofthefundswithwhichtopaythecostofsuchsystem or plan;creating a special construction fund;kuthorizing and directing the City officials toproceedwiththeimprovementandratifyingandconfirmingtheactionoftheCityofficialsinheretoforeadvertisingforandreceivingconstruc-tion bids;and providing for the issuance and saleofinterest-bearing warrants pending the sale ofthewaterandsewerrevenuebondsandreceiptofstategrants. BTSREAS,the City of Moses Laker Washington,heretofore combined its existing water system and system of sewerage into a waterworks utility of the City,and the words "waterworks utility at me shral'l here a e meto eh rco binead watdedr yste her to and bettennents and extensions thereof hereafter mader and .WHEREAS,in the judgment of the City Council of the City of Moses Lake,Washington,the public health,welfare,safety and convenience require and it is advisable that the City demolish its existing sewage treatment plant and provide a new biological type sewage treatment þlant as hereinafter set forth;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON, DO ORDAINr as follows: Section 1.The City of Moses Lake hereby specifies and adopts a system or plan for making additions to and betterments li ::::::::::::::::::::::::::kewaet eatmet eC taynt oncopnr ert owned by the City in the Northwest Quarter of Sectiona54,Township 20 North,Range 28 East of the Willamette Meridian and on the same site providing for a new biological type sewage treatment plant providing secondary treatment by the construction of aerated lagoons, sedimentation basins,leaching ponds,control building and all appurtenances,including piping,structures and site improvements ithatwillmeettherequirementsoftheWashingtonStateDepartment of Ecology. The City may modify the details of the foregoing system or plan wherer in its judgment,it appears advisable,as may be authorized by the city Council either prior to or during the actual course of construction,provided such modifications do not substantially alter the main general plan. 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 and for sanitary sewage disposal service on the entire utility will,in the judgment of the City Cand m int amocere hthan sufficienper imeethealel e pnensaside ioperation special fund out of the gross revenues of the waterworks utility of the city of sufficient amounts to pay the interest on the bonds herein authorized to be issued and on the outstanding bonds of the $500,000.00 issue of water and sewer revenue bonds of the City dated July 1,1950,and issued pursuant to its Ordinance No.135, GO its "Water and Sqwer.Revenue Bonds,Series A,"dated November 1,«g 1955,and.issued pursuant to its Ordinance No.290,its "Water and Sewer Revenue Bonds,1965,"dated July 1,1965,and issued pursuant to its Ordinance No.532 and its "Water and Sewer Revenue Bonds, 1967,"dated November 1,1967,and issued pursuant to its Ordinance edee5 allas suchaiinbonred abecomesridyne and payable and to pay and -2- Section 2.The life of the foregoing additions to and betterments and extensions of the waterworks utility of the City is hereby declared to be at least 35 years. Section 3.The estimated cost,as near as may be,of the aforesaid system or plan of additions,extensions and betterments to the waterworks utility of the City is hereby declared to be i $637,500.00. Section 4.The cost of acquiring,constructing and making the foregoing additions to and betterments and extensions of the waterworks utility of the City shall be paid from the following sources: 1.From grants anticipated to be received from the Washington State Department of Ecology and the Environmental Protection Agency in the approximate amount of $302,500.00. 2.From the proceeds received from the issuance and sale of water.and sewer revenue bonds in an amount of approximately $335,000.00. The water and sewer revenue bonds herein authorized to i be issued shall be entitled "Water and Sewer Revenue Bonds,1972," with series designation following,if issued in series.The bonds shall bear interest payable semiannually,shall be numbered from •"one"upward,consecutively,within each series as issued,and shall he payable out of such special fund as may be hereafter created. The bonds shall be issued in such series;shall be in such denominations and form;shall bear such date or dates 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 date of issuance and ending not later than thirty-five years thereafter or shall be term bonds;shall have such option of payment prior to maturity;shall guarantee a de ovealrageunanda d a ons anr t sh p ovinde bf rs b ct to -3- such provisions or covenants as -shall be hereafter provided by ordinance. Section 5.The gross revenues from the waterworks utility of the City are hereby pledged to the payment of the principal of and interest on the bonds herein authorized to be issued and such bonds shall constitute a charge or lien upon such revenues prior and superior to any other charges whatsoever,excluding charges for maintenance and operation of the utility;provided,however,that if the conditions required to be met for the issuance of parity bonds as set forth in Section 14 of Ordinance No.290,ao incorporated in Section 13 of Ordinance No.532 and in Section 13 of Ordinance No.573,shall be net 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,Series A,""Water and Sewer Revenue Bonds,.1965," "Water and Sewer Revenue Bonds,1967,"and any additional parity water and sewer revenue bonds that may be hereafter issued pursuant to the provisions of Section 14 of Ordinance No.290,as incorporated in Section 13 of Ordinance No.532 and in Section 13 of Ordinance No.573,except that the charge or lien upon such gross revenues for the bonds herein authorized and said parity revenue bonds shall be junior and subordinate to the prior charge or lien upon such gross revenues for the outstanding water and sewer revenue bonds of the City issued under date of July 1,1950. Section 6.The proceeds from the sale of the foregoing bonds shall be.used for the sole purpose .of making the additions to and betterments and extensions of the waterworks utility of the City as herein authorized and of paying a part of the cost and expense connected therewith,and the city of Moses Lake,through its proper d ne np e g fhe ofore advertising for and receiving construction bids to carry out such improvements is hereby ratified and confirmed. Section 7.There is hereby created and established in the office of the City Treasurer a special fund of the City to be kbneuseas the "Wateo eand Seweer Consk getihon Fadund i 872,"whnich shall betterments and extensions of the waterworks utility of the City as specified in Section 1 hereof and of paying the costs and expenses connected therewith,into which fund shall be deposited the proceeds from the sale of the water and sewer revenue bonds herein authorized to be issued and moneys received by way of grants from the state government.Pending the issuance and delivery of the water and sewer revenue bonds herein authorized,warrants shall be issued drawn on the "Water and Sewer Construction Fund,1972,"in payment for duly authorized costs and expenses of carrying out th'e improvements herein authorized,which warrants shall be presented to the City Treasurer marked "not paid for want of funds"and shall bear interest at such rate as the City Council shall hereafter determine from date of presentment until the date called for payment. Such warrants shall be paid in full within six months from the date hereof (unless such time period shall be extended by mutual agreement with the holders of such warrants)out of the proceeds from the issuance and sale of the water and sewer revenue bonds herein authorized or from any other funds available therefor and deposited in the "Water an Sever Construction Fund,1972." Section 8.This ordinance shall be in full force and effect after its passage and publication as by law provided. i PASSED by the City Council at a regular open public meeting thereof and APPROVED by the Mayor of the City of Moses Lake « Washing&n,this isty day'Bf iptember1972. Ma or Otto M.Skaug ATTEST: City e rk Charles Davenport ROVED: City Attorney John E.Calbom i