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HomeMy WebLinkAboutOrd1947-173 . v~.,.,.' ORDD~ANCE NO. 173 !....,;,.,. An ordinance of the City of Seward calling a special election for the purpose of submitting to the qualified electors of the City of Seward the propositions: (1) Shall the City of Seward incur a land indebtedness of :k90,000.00 for the purpose of expanding the generating plant and extending the distribution facilities of the ~unicipally owned electric utility and issue general obligation bonds of said city in a su.'ll not exceeding ~;90,OOO.00, supported by the full faith and credit of the said Oity and a pledge of the revenues from said utility; (2) Shall the City of Seward acquire from H. V. Hoban and Hedley V. Davis, all assets and facilities of the Seward Water Company, together ,lith all easements, reservoirs, water rights, and appurtenances thereof and for such purpose issue general obligation bonds 'of the City of Seward in the amount of $100,000.00, said bonds to be supported by tl.le full faith and credit of the City of Seward and a pledge of revenues of said utility; (3) Shall the City of Seward acquire the Government ovmed Seward lvlarineJays, Docks and Small Boat Harbor, and issue general obligation bonds of the City of Seward in the sum of :;40,000.00, for the acquisition of said facility; all as authorized by Act of Congress passed and approved May 28, 1936, Ch. 467, 49 Stat. 1388, as amended June 14, 1937, Ch. 337, 50 Stat. 258. BE IT ORDAINED by the Common Council of the City of Seward, Alaska, as follows: SECTION 1. Pursuant to Act of Cone;ress passed and ppproved May 28, 1936, Ch. 467, Stat. 1388, as maended June 14, 1937, Ch. 337, 50 Stat. 258, whereby municipal corporations in Alaska are permitted to incur bonded indebtedness to an amount not exceeding 10% of the aggregate taxable value of all real and personal property within the corporate limits, a special election is hereby called to be held in the City of Seward, Alaska, on the 20th day of October, 1947, under the provisions of said "'ict and pursuant to the -1- \ ^- - laws of the Territory of AlasLa, and the ordinances of the City of Seward. - SECTION 11. There shall be submitted to the Qualified electors of the said city, authorized to vote as hereinafter provided, the fallowing propositions: (1) Shall .the City of Smvard expand the Generating Plant and extend the distribution system of the municipally owned electrical utility, and for such purpose issue General ObliGation bonds of the City of Sevrard in a sum of ;:~90,OOO.OO, maturinG serially in from two to twenty years from date, and for the payment of said bonds pledGe the full faith and credit of the City of Seward and the revenue of said utility for the paJTment of principal and interest of said bonds, all as authorized by .::'ct of Congress passed and approved 1:ay 23, 19361 Ch. 467, 49 stat. 1388, as ~lended June 14, 1937, eh. 337, 50 Stat. 258, said bonds to be issued upon such interest rate, terms, conditions and maturity as Dlay be ordained by the Council by sub- seQuent ordinance. (2). Shall the City of deward acquire from H. V. Hoban and Hedley V. Davis and the de>iard .,Iater Company all assets and facili tie:: of said water utility, tOGether with all easements, reservoirs, water ri~hts, and appurtenances thereof and for such purpose issue eeneral obliGation bonds of the City of Seward in the amount of $100,000.00, maturing serially in from two to t-,renty years from date, and for the payment of said bonds plecl'3e the full faith and credit of the City of Se"ard and the revenue of said utility for the payment of principal and interest of said bonds, all as authorized by Act of ConGress passed and approved lay 28, 1936, eh. 467, 49 stat. 1388, as aI1ended June 14, 1)37, Ch. 337, 50 stat. 258, said bonds to be issued upon such interest rate, teTI1S conditions and maturity as may be ordained by the Council by subsequent ordinrmce. -2- (:3). Shall the city. of c,evrard aClluire the Government owned Seward IJ;arine ':Jays, Docks, and ;':>1'1all Boat Harbor and for such purpose issue General Oblisation bonds of the City of Seward in the amount of ;'::40,000.00 maturin,,; serially from tllO to t'ienty years from date, and for the nUYJi18nt of said bonds ~()ledce the full faith and creai t of the Oi ty of 3e'ilard and the revenue of said facility for the payment of principal dnd interest of said bonds, all as authorized by fLCt of Congress passed and ap)roved l;a:{ 28, 1,' 3/ 'j 0, Ch. 467, 49 ,Stat. 19[,0, as w,18nded June 14, E37, C'l. 337, 50 stAt. 258, said bonds to be issued u:)on such interest ratliJ, terns, comUtions and l'18turity 3S "my be oruained by the Council by subsec;uent ordinance. 3~C~ION 111. All persons residin~ ;;ithin the corporate limits of the City of ,";e,iard, villose naJles a]lpeo.l' on tile last tax aS3essment roll or'record of SElid "mnicipiilitv :L'or the lJUrposG of rnunicipal taxation shall be c:uaJ5fied to vote IJt s.aicl election. ;:ersons "hose names do not illl~"e:,lr on snj d tax roll sl18ll not be '~ualified to vote. No special ~eci3tration for this election prior to the date thereof shall be rerluired of any qURljfie(l ele~tol', hut t"e eit:' Clerl: of the City of '3ei.:RJ'd shall ~lrwlore .:'iF ol])L,'lhetical list of all ~lGr';Ons whose nelJe.s a'-,,)oo1' on th," last t8.X roJJ of said Cit:j' und 811 ',)ersons who vote at s8,id election.,rhose l1c"J,8S appear on said t,,<x rollo, shall siGn an affidavit settin,::; forth t:'s"Lr '~ualificCltions and shall reGister at the tine of rece:Lvinr~ his or ]18r ballot. 8~2:crl'ICJ' IV. rJ:'he pollin,~ pL:ces for the selid election shall be at tl16 City ~:all, in tll':; said Oi ty of Se'.;'al'u, ani] tIle nolls shall be open fron 8:()O .\.',. or tile said election day until 7:00 J:.L. of said day. rl!mf'IO:-:- V. ernG City Council liereb:' ay 'oints FE: CJ",Wl~ "'/flJ~' A. If IfJa....LIbLLs...uLI4--' an,} ffirh1a ,!.1J,..ud-Af-as jud ~es, and fi1J~J;'JM tll?QI:..t~c-_' and ~id::; Lit) ~~_8S clerks to conduct said election at the City Hall of .3ei.JEird, ,;J,Js"a. :,)~';CTI01'! VI. lTotice of said ele ction slwll be :i ven by IJOstine; a written notice tllereof on the bulletin board in the City Hall in -. r -- said City, at the Post Office of said City, and at the Office of the Alaska nailroad Dock in said city, all of \'[hich places are hereby found and declared to bo conspicuous places vdthin the corporate limits of said City. Said notice of ~lection shall be posted at said designated lllaces not less than twenty (20) days l)rior to said election. Si~CTIOH VII. Said notice shall be si,;11ed by the ::ayor of said City and attested by the City Clerk, and shall be in sub- stantially the follo'.1in['; fom: HOTICii: OF Sri:CI.\.1~WC'1'ICln . ..- A special election will be held in the City of Seward, Alas:ca, on the 20th day of October, lS'47, for the p1lI'pose of subr.1itting to the qualified electors of the said City, whose nanes appear on the last tax roll of record of said City for purposes of municipal taxation, the followinG questions: I i I i I~ , (a) 0 Shall the City of Seward expand the Generating Plant and extend the distribution sys ter;l of th(3 municipally ovmed ele ctrical utility, and for such purpose issue General Obligation Bonds of the Ci ty of Sev.rard in a sum of :;'90,000.00, Baturing serially in from two to twenty years from date, and for the pa~Jent of said bonds pledge the full faith and credit of the City of Seward and the revenue of said utility for the payment of principal and interest of said bonds, all as authorized by Act of Congress passed and approved May 28, 1936, Ch. 467, 49 stat. 1388, as m~ended June 14, 1937, Ch. 337,50 Stat. 258, said bonds to be issued upon such terms, conditions and r~lturity as may be ordained by the COYncil by sub- sequent ordinance. (b). Shall the City of Sevmrd ac"uire from H. V. :Lloban and Hedley V. Davis and the Seward {ater Company all assets and facilities of said water utility together with all easemeats, res- ervoirs, water rights, and appurtenances thereof and for such purpose issue general obligation bonds of the City of Seward in the amount of :~;lOO,OOO.OO, maturing serially in from two to t',renty years from date, and for the payment of said bonds pledGe the full faith and credit of the City of Seward and the revenue of said utility for the payment of principal and interest of said bonds, all as author- ized by Act of Congress passed and approved ]\;ay 28, 1936, Cll. 467, 49 Stat. 1388, as amended June 14, 1937, Ch. 337, 50 stat. 258, said bonds to be is sued upon such terms, condi ti ons and ma turi ty' as may be ordained by the Council by subse~uent ordin~ce. (c). Shall the City of oeward acquire the Governnent OIilled Seward Marine ,ays, Docl~3, and 3r,lBll Boat Harbor and for such purpose issue General Obligation bonds of the City of Seward in the amount of ;~;40,OOO.OO, maturing serially from tV[O to twenty years from date, and for the payment of said bonds pledge the full faith -4- ~ and credit of the City of Se\vard and the revenue of said facility for the payment of principal and interest of said bonds, all as authorized by Act of Congress passed and approved May 28, 1936, Ch. 467, 49 stat. 1988, as amended June 14, 1937, Ch. 337, 50 Stat. 258, said bonds to be issued upon such terms, conditions and maturity as may be ordained by the Council by subse~uent ordinance. . The polling place will be at the City Hall in the City of Seward, j~laska, and the polls will be open from 8: 00 A.M. until 7:00 P.M. of said day. Those persons v,ho are citizens of the United States over the age of twenty-one years, vrho are bona fide residents of the Territory of Alaska, and \,ho have been such residents continuously during the entire year ir~Jeuiately preceeding the election, and vrho have been such residents continuously for thirty days next preceeding the election within the corporate limits of the City of Seward, who are able to read the Constitution of tile United states in English language, and to write the ,,;nglish lanGuaGe, and whose naliles appear on the last tax rolloI' record of the City of Seward for purposes of municipal taxation, shall be c;ualified to vote at said election. No special registration for this election prior to the date thereof shall be required but provision shall be made for reGistra- tion of each voter at the time of receivin~ his or her ballot. If 65% or more of the voters voting at said special election shall cast their votes in favor of expandinG the Generating plant and extending the distribution system of the municipally o\Vned electrical utility, and shall by such vote, authorize the issuance of ~90,OOO.00, in general obliGation bonds of the City of ~eward, then the Council of said city proposes to issue general obligation bonds in the sum of .';.90,000.00, secured by the pledsing of revenues of said utility in the total principal sum of <:-'90,000.00 or such part thereof as the City Council of said City of beward, may deem necessary to com~lete the expansion of the cenerating plant and distribution system of tl1e l1unicipall,i owned electrical utility. Interest upon said bonds shall not exceed 3 1/2,; per annUl'l, said bonds shall nature serially .i'rom tHO to tuenty years from date, end the issuance thereof shall in all re311Gcts conform ,,-i th General law aud wi th the ordinanc es of the City of ;Jevrard. If 65~ or more of the voters voting at said special election, shall cast their votes in favor of acquiring from H. V. Hoban and Hedley V. Davis and the Seward viater Corn.:nany all assets and facili- ties of said company, to[';ether \Iith all easements, reservoirs, water rights, and appurtenances thereof and a,lall by such vote, authorize the issuance of 0100,000.00 in general obliGation bonds of the City of Seward, then the Council of said city proposes to issue general obliGation bonds in the sun of :::100,000.00, secured by the ~ledginc; of revenues of said utility in the total principal sum of ~plOO, 000.00 or such part thereof as tl16 Ci ty ~ouncil of said City of Seward, may deem necessary to complete the acquisition of all assets and facilities, tocetr18r l,d tll all easements, reservoirs, water ri,..;hts, and appurtenances thereof, from II. V. Hoban and Hedley V. Davis and the Seward ,later Company. Interest uljon said bonds shall not exceed 3 1/2:-; per annCh'll, said bonds shall mature serially from tviO to tV/enty years from date, and the iSSUQllCe ttlereof shall in all respects conform .lith c;eneral law and 'lith the ordinances of the City of Se'ilard. :""" , -5- I; I -- /?C fOV;MI#J "'no/' tPfJUr...<:/ .;x-~..."/ ).,.,Oy;...~<::.- iu..,Y's') ])"a6, 'i .s......if .t~H'" !-l;"6~"1 /I.... If 65% or more of the voters voting at said special election I shall cast their votes in favor of aC(luirillB the Government ovmed I Seward Earine '.'lays, Docks, and Small Boat Harbor and shall by such vote, authorize the issuance of ~:,40,000.00 in General Obligation bonds of the City of Sevmrd, then the Council of said City proposes to issue general obligation bonds in the sum of ~40,OOO.00 secured by the pledGing of revenues of said facility in the total principal sum of ,)40,000.00, or such part thereof as the City Council of said City of Seward, may deem necessary to complete the acquisition of ~terest upon said bonds shall not exceed 3 1/2;j per annUl'l, said bonds shall mature serially from tiro to twenty years from date, and the issuance thereof shall in all respects conform with general law and with the ordinances of the City of Sevmrd. This notice is Given pursuant to an Act of Congress passed and approved May 28, 1936, Ch. 467, 49 Stat. 1388, as amended June 14, 1937, Ch. 337, 50 stat. 258, and to Ordinance No. 173 of the City of Seward, Alaska. ATTEST: ,~~ SECTION VIII. The form of the ballot shall consist of the statement of the questions set forth in Section II, of this Ord- inance, ','/i th the addition of the following: "For expanding Generating Plunt and Extending the Distribution system of the municipally ovmed electrical utility, and the issuance of general obligation bonds as stated above" "Against Expanding Generating Plant and ~xtend- ing the Distribution System of the Eunicipally owned electrical utility, and the issuance of general obligation bonds as stated above." "For acquiring from II. V. Hoban and Hedley V. Davis and the Seward ,later Company all assets and facili- ties, together 'dith all easenents, reservoirs, <water rights, and appurtenances thereof, and the issuance of general obligation bonds as stated above." "Against acquiring from H. V. Hoban and Hedley V. Davis and the Seward ~Vater Caompany all assets and facilities, tOGether with all easements, reservoirs, water right~, and appurtenances thereof, and the issuance of general obligation bonds as stated above." -6- ), - /" . , - "For acquiring Gove.r'l1l11ent mrned 3eward Llarine ways, Docks and 3mall Boat Harbor, and the issuance of general obligation bonds as stated above." "Agdinst acquiring Government mmed ;:Jew-ard Ivlarine ,Jays, Docks and ;],,1all Iloat Harbor, and the issuance of general obliGation bonds as stated above." Si:i;CTION Le. All provisions of the laws of the United states of L\.meri ca, and of the 'I'erri tory of r,lasl~a, and the General ordinances of the City of SelvaI'd, relating to reGistration of voters the manner of conducting elections, and the canvass of the returns thereof, shall, in so far as applicable, exceptin~ as otl1er,dse specifically provideu herein, t~overn the election to be held pursuant hereto. S~CTION X. If either or all of said propositions carry at said election, the COrrli.lon Council 'dill take all steps necessary and proper to issue and sell said bans bnd ac~uire said utilities and facility. S"':,)TION XI. This ordinance shall be posted on the Bulletin Board of the City Hall, ;:3e\lard, Lilasl~a, I'or a ~I)eriod of t\'lenty (20) days prior to date of ~lection. 3i:CTION XII. This ordinanc e shall take effect illmediately u~on its passaGe and approvdl, an emer8ency havinG been declared. :F'as sed by the CO:lllrlOn Coun.cil of the City of Se,rard, .~las;~a, and approved by the IIuyor, all on this 26th day of September, 1947. ~~ CITY CL,GK -7- ~--