1220 - Ordinance - Wastewater Facility Improvement Construction FundCITY OF PORT ORCHARD, WASHINGTON
ORDINANCE NO. 1220 V
AN ORDINANCE of the City of Port Orchard,
Washington, relating to its Waterworks Utility,
specifying and adopting a system or plan of additions
to and betterments and extensions of the waterworks
utility of the City, including the sewerage system as
a part thereof; declaring the estimated cost thereof
as near as may be; authorizing the issuance and sale
of water and sewer revenue bonds in the principal sum
of approximately $7,800,000 to provide a part of the
funds to carry out such system or plan; creating a
special construction fund to be known and designated
as the "Wastewater Facility Improvement Construction
Fund;" and authorizing the issuance of interest-
bt;:xiuy nL- ,, _ nts drawn upon such special construc-
tion fund pending the sale of the revenue bonds, or,
in lieu thereof, short term obligations.
WHEREAS, the City of Port Orchard, Washington (the "City"),
by Ordinance No. 823, passed March 10, 1969, provided that the
system of sewerage of the City, including all additions, exten-
sions and betterments thereto, should be considered as a part of
and belonging to the waterworks utility of the City pursuant to
the provisions of RCW 35.67.320 and such combined systems,
including all additions thereto and betterments and extensions
thereof, shall hereinafter be referred to as the Waterworks
Utility of the City; and
WHEREAS, on August 1, 1977, the City entered into an Inter-
governmental Contract for Wastewater Facilities Management (the
"Contract") with Sewer District No. 5, Kitsap County, Washington
(the "District"), to carry out the improvement of the existing
wastewater transmission, treatment and discharge facilities
serving the City and the District and capable of serving other
areas as may in the future be so served as called for in the
Sinclair Inlet Sewerage Plan dated June 1976, and to operate and
maintain such facilities, whereunder it is agreed that the City
shall construct the sewage treatment plant and the other Joint
Facilities described on Exhibit B attached to such contract; and
WHEREAS, the Director of the Bremerton-Kitsap County Health
Department as Health Officer for the City and the District has
declared that it is necessary for the protection of the public
health and safety that the sewage treatment plant and other
facilities contemplated by such contract be immediately under-
taken; and
WHEREAS, the State of Washington, Department of Ecology,
has further mandated the City and the District to improve its
sewage treatment facilities to bring such facilities in compli-
ance with State law and the regulations of the Department of
Ecology; and
WHEREAS, the City intends to create a utility local
improvement district, the assessments in which will be pledged
to the payment of revenue bonds to be issued to finance such
improvements, the boundaries of which utility local improvement
district will encompass the entire corporate boundaries of the
City as well as the District and other unincorporated properties
adjoining the District; and
WHEREAS, the District will consent to the inclusion within
a utility local improvement district to be created by the City
of all properties located within the corporate boundaries of the
District as well as other properties adjoining but outside the
corporate boundaries of the District and to the assessment of
such properties specially benefited, all for the purpose of
carrying out the improvements specified in the Contract; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN, as follows:
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Section 1. The City specifies and adopts a system or plan
of additions to and betterments and extensions of the Waterworks
Utility by the improvement of the existing wastewater transmis-
sion, treatment and discharge facilities serving the City and
the District and capable of serving other areas as may in the
future be so served as called for in the Sinclair Inlet Sewerage
Plan dated June, 1976, by the:
1. Conversion of the existing City primary treat-
ment plant in downtown to a 7.5 mgd capacity
sewage pump station;
2. Construction of a new 18-inch diameter, 8,000
foot long sewage force made from the new Port
Orchard Marina pump station to the site of the
existing primary treatment plant operated by the
District at Retsil;
3. Construction of a new 2.8 mgd average wet
weather flow capacity secondary treatment plant
at the site of the existing District facility;
4. Construction of a new 36-inch diameter treated
effluent outfall pipe approximately 2,000 feet
into Sinclair Inlet with a multi -port diffuser;
and
5. Relocation of the District office.
All of the foregoing shall be in accordance with the plans and
specifications therefor prepared by Kramer, Chin & Mayo, Inc.,
Consulting Engineers, and may be modified by the City Council as
long as such modifications do not substantially alter the pur-
pose of that system or plan.
Section 2. The life of the foregoing plan of additions to
and betterments and extensions of the Waterworks Utility of the
City is declared to be at least eighteen years.
Section 3. The estimated cost of the acquisition, con-
struction and installation of the above described additions to
and betterments and extensions of the Waterworks Utility of the
City is declared to be, as nearly as may be, the sum of
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$15,000,000, and such estimated cost shall be met and defrayed
from the following sources:
Grant funds anticipated to be received from the State
of Washington, Department of Ecology, in the approxi-
mate amount of $7,200,000;
Water and sewer revenue bonds of the City herein
authorized to be issued in the approximate amount of
$7, 800, 000.
Section 4. The City shall issue one or more series of
water and sewer revenue bonds at such times as the City Council
shall deem advisable. The water and sewer revenue bonds shall
bear such designation as the City Council shall hereafter
determine, shall bear interest payable semiannually, and shall
be numbered from "l" upward consecutively within each series as
issued. The bonds shall be issued in such series, shall be in
such denomination 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 eighteen years thereafter, or shall be
term bonds, shall have such option of payment prior to maturity,
shall guarantee such coverage and collection of rates, shall
provide for such additional funds and accounts, and shall con-
tain and be subject to such provisions or covenants as shall be
hereafter provided by ordinance. The bonds shall be sold in
such manner as the City Council of the City shall deem to be in
the best interest of the City. The bonds shall be payable from
the gross revenues received from charges for water furnished and
sanitary sewage disposal service and from a utility local
improvement district to be hereafter created, the assessments in
which are pledged to be paid into the bond redeption fund for
the payment of such bonds.
Section 5. Approximately t7,800,000 of the cost and
expense of the improvement shall be borne by and assessed
against the properties specially benefited by the improvement to
be included in a utility local improvement district hereby
authorized to be established embracing, as near as may be, all
the properties specially benefited by the improvement.
Section 6. There is created and established in the office
of the City Treasurer a special fund to be known as the "Waste-
water Facility Improvement Construction Fund" into which fund
shall be deposited the proceeds received from the issuance and
sale of the water and sewer revenue bonds herein authorized to
be issued and the proceeds of the anticipated grant funds and
which fund shall be used for the purpose of paying the cost of
carrying out the additions to and betterments and extensions of
the Waterworks Utility of the City as herein authorized and of
paying the costs and expenses connected therewith. The City,
through its proper officers and agents, shall proceed with the
making of those improvements and the calling of bids therefor in
the manner provided by law. Pending the sale of the water and
sewer revenue bonds herein authorized to be issued, the City may
issue interest -bearing warrants drawn upon the "Wastewater
Facility Improvement Construction Fund" to pay duly approved
costs incurred in carrying out such improvements, such warrants
to bear such interest as may be agreed upon between the City and
any bank or investment banking firm agreeing to make a market
for such warrants and such warrants to be paid out of the
proceeds received from the sale of the bonds herein authorized
to be issued and from any other money available to the City to
finance the improvements, or in lieu of such warrants, the City
may issue short term bond and/or grant anticipation notes.
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PASSED by the City Council and APPROVED by the Mayor of the
City of Port Orchard, Washington, at a regular open public meet-
ing thereof, on the 22nd day of November , 1982.
ATTEST:
City Clerk
APPROVED AS TO FORM:
ty Attorney
•�%
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Ma or
I, ROBERT G. LLOYD, City Clerk of the City of Port Orchard,
Washington, certify that the attached copy of Ordinance No. 1220
is a true and correct copy of the original ordinance passed on the
22nd dayof November
, 1982, as that ordinance appears on the
Minute Book of the City.
DATED this 22nd day of November 1982,
ROBERT G. LLOYD, City Clerk