HomeMy WebLinkAboutOrd1951-216
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ORDINANCE - 216
An ordinance of the City of Seward providing for and calling
a special election under authority of an Act of Con~ress of
31ld an Act of Congress of '~UGi.1S t 24, 1949 (Public Law 264, 8lst
Congress) to submit to the duly qualified electors of said City under
sa.id Acts of Congress the proposition of inc1lrring an indebtedness
in an amount not to exceed tl~09O.oo Dollars with
interest thereon at two per cent (25~) per annum, to purchase from
the United states, operate and maintain a sevn'IE~e disposal system for
the City of beward and to ~ay to the United states in a nmnner to be
mu~ually agr~ed upon a purchase price in the amount of t160.oo0.oo
Dollars for said system, to perfonn the obligations
imposed by the United states in connection with the purchase of said
public works and to pledge the full faith and credit of the City of
Seward in payment of said indebtedness, and to issue general obliga-
tion bonds or other security bearing interest at a rate not to exceed
two per cent (2%) per annum payable semi-annually, all as authorized
in said Acts of Congress:
VlliEREAS, the City of Seward, Alaska, is duly authorized under
an Act of Congress of May 28, 1936, 49 Stat. 13Cl8 and an Act
of Congress of August 24, 1949 (p~biic Law 264, 8lst Congress) to
enter into an agreement to purchase from the United states a sewage
disposal plant provided pursuant to said Act of Congress of August 24,
1949, to pay therefor a purchase price of t110,Ooo.00
Dollars and to incur an indebtedness not to exceed said ~aount,
together with interest thereon at a rate not to exceed two per cent
(2%) per annum and to issue general obligation bonds with said interest
payable semi-annually and to levy taxes, fix and collect charges for
services rendered by the public work, to operate and maintain said
public work, and to perform the obligations assumed under the agree-
ment to purchase, and
vrr~REAS, the Act of Congress of May 28, 1936, 49 stat. 138Cl
provides that the incurring of such indebtedness shall be authorized
pursuant to a vote of not less than sixty-five per cent (65%) of the
qualified electors of said city whose n8!ll6S '1ppear on the last tax
assessment roll or record for municipal tax purposes in said city at
an election called for that purpose, Now, Therefore
BE IT ORDAINED by the Common Council of the City of seward,
Alaska:
Section 10 A special election is hereby called to be held
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in the City of Seward, Alaska, on the _tb day of -. l ~, 1951,
pursuant to the provisions of the Act of Congress of May 28, 1936,
49 stato 13ti8
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and an Act of Congress of August 24, 1949 (public Law 264, 81st
Congress), the laws of the Territory of Alaska, and the ordinances
of the City of Seward, including this Ordinance, for the purpose of
submitting to the qualified electors listed upon the last tax assess-
ment roll of said cit y the pJ."oPQliitl1On hereinafter set fer th in Sec-
tion 2 hereof.
section 2. 'rhere shall be submitted to the fJLl~lified voters
of said city aLlthorized to vote at said election in accordance with
the requirements of this Ordinance the following proposition:
Shall the City of Seward, Alaska, incur an indebted-
ness in the sum of Dollars
for the pLlrpose of ~cqLlirinc the following public
work of a permanent nature: A sewage disposal system
to be constructed by the United states of Ame....~c.
and sold to the City of Seward at a price not in
excess of 'UiO,OOO.OO Dollars, sal d
indebtedness to bear interest at a rate not exceeding
two per cent (2%) per nnnum, to be evidenced by a
project constrLlction and sales agreement between the
United States 0_' America and the City of 3eward ,wd
to be secured by general obligation bonds or other
secLlri ty with interest thereon at the rate of two
per oant {2%} per annwn payable semi-annually if the
United utates so renLlires, and for the oayment of
said bonds or other secunties to pledge the full
faith and credit of the City of 3eward, Alaska,
and issue said bonds in such form and manner as
may hereafter be reqLlired by the United States of
.'w.lerica, all as aLlthorized by the Acts of C;;ongress.
Section 3. All Qualified voters of the City of Seward whose
na~mes appear on the last assessment roll or record of said city for
the purpose of municipal taxation and the qudifications prescribed
by Sections 38-1-2 and 38-1-8, Alaska Compiled Laws Annotated, 1940,
and who are registered in compliance with 'the Ordinances of the City
of Seward shall be oLlalified to vote at said election and persons
who may otherwise be qualified to vote who have not reeistered in
compliance with the Ordinances of said city and whose names do not
appear on the last tax assessment roll shall not be qualified to vote.
Section 4. The City Clerk of the City of Seward shall issue
and cause to be published at least once each week in a newsnaner in
the City of deward the notice hereinafter provided in this Ordinance
and shall post'such notice in three conspicuous places within the
corporate limits of tne,Qity of Seward, one of which shall be posted
on the Bulletin Board in the United States Post Office in seward,
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Alaska, not less than twenty (20) days before said election. The
following places are hereby declared to be conspicuous places in
the City of Seward~
'rhe City Hall
'rhe Alaska Railroad Dock
The publication of said notice shall be made for two consecutive
publications of the newspaper published in Seward, Alaska, immediately
preceding the date of said eledtion.
Section 5. l'hat the City ClerktSlgrld Stee.rnll)f said
City is directed, upon the approval of this ordinance, to ~ive public
notice forthwith that the registration books are open, and there-
after and until three (3) days prior to the d~y herein designated for
such election, keep said books open for and register therein all per-
sons presenting themselves for registration during the hours pre-
scribed by ordinances. That upon closing registration the Clerk
shall prepare and certify to the election officials a true and correct
list of all qualified voters who have resistered, and whose names
appear on the tax assessment roll or record of said city for muni-
cipal taxation purposes prepared during the year 1951.
.section 6. Notice of said election shall be given by posting
and publishing notice thereof in the manner required by this ordinance
not less than twenty (20) days prior to said election.
Said notice shall be signed by the Mayor of said city and
attElststl by the City Clerk and shall be in substantially the follow-
ing form:
NOTICE OF SPECIAL ErECTION
A special election will be held in the City of Seward, Alaska,
on the 2eth
day of No....r
, 1951, for the purpose of submitting
to the 'jualified voters of 'salo.' dit'y, who are registered and ""uRlified
to vote in accordance 'Wi th the Ordinances of the City of Seward
governing elections, the following question:
Shall the City of Seward, Alaska, incur an indebted-
ness in the Sl1Ill of '160,00.00 Dollars
for the purpose of acquiring the following public work
of a permanent nature~ A sewage disposal ssstem to
be constructed by the United States of Amer1ca
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and sOldfto the city of Seward at a prioe not in.d
excess 0 .1&0 000 00 DOllars, sal.
indebtedness tOD~r fnterest at a rate not exceeding
two per cent (2%) per annum, to be evidenced by a
project construction and sales agreement between the
United States of .iIn.erica and the City of 3eward and to
be secured by general obligation bonds or other
security with interest thereon at the rate of two
oer cent (2;1,) per 'innurJ payable semi-annually if the
Uni ted states so requires, ,.ind for the nayment of said
bonds or other secLlI'itiest:.o pled:~e the full faith
and credit of the City of .::ie1dard, .ilaska, and issue
said bonds in such form and manner as may hereafter
be required by the United St~tes of AL~eriCd, all as
authorized by the Acts of Con2ress of ~u~ust 24, 1949
(Pltblic L:J.w 264, Slst Congress) and
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['he polling place will be at the City Hall in the City of
ueward, alaska, aLd the polls will be open from 8:00 A.M. Wltil 7:00
P .~.. . of said day.
Those persons who are citizens of !.;llS United states over the
age of twenty-one years, who are bona f ide residents of the 'rerri tory
of lUa sl((1, Ci.nd who have been such residents continuously dllring the
en tire year iJ:lliledio. te ly greceeding the elect ion, and ':,h0 have been
such residents continuously for thirty diYS next preceedin{' the elec-
tion within the corporate limits of the City of Seward, \Jho are able
to read t:.he COJ.stitution of the United states in English languaee, and
to wri te the Erglish lanGuage, ::llld who are registered and "ualified
to vote in accordance with the ordinances of the City of Seward govern-
ing elections, and mlose nillues up,ear on the last tax assessment roll
~repared for the year 1951 shall be qualified to vote at said election.
If sixty-five per cent (655~) of the voters a t said special
election shall cust their votes in favor of the proposition submitted
at said election, the the Council of said City proposes to issue
e;eneral obligation bonds in the sum of 1150,000.00
Dollars
secured only by a pledge of full faiA:.~'li.nd;, credit of said City in
t~e total principal sum of '160,000.00
Dollars or such
)art thereof as the City Council of the City of Seward may deem necessary
Interest upon said bonds shall not exceed two per cent (2%) per annum
and said bonds shall lilliture serially upon sllch terms and conditions
as the Council may by subsequent Ordinance establish.
This notice is given pursuant to the Act of Consress approved
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March 5, 1946, Chapter 52, 60 Stat. 33.
Sign ed
Attest:
Section 7. Ehe form of the ballot shall consist of the ques-
tion set forth in Section 2 of this Ordinance with the addition of
the following:
For refundine the existing indebtedness upon prin-
cipal and interest owed to the Reconstruction
Finance Corporation upon bonds heretofore issued
pursuant to Ordinance 216 , the amount of
such indebtedness bein~oo.oo, and the
issuance of revenue bond~thout interest
coupons as stated above.
For
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Against
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Section 8. 'Ehe City Council hereby appoints John J. RosneslI ,
Al1ce p. Lorang , and Mildred Kirkpatri..s judges to conduct said
election at the place and time and in the manner herein set forth,
and hereby appoints
Mirla. Pa1nter and Betty Rafferty
as
clerks of said election. Each of said election officials shall
individually take the oath of office reQuired by Ordinance and file
the Sdme with the City Clerk prior to entering upon the duties of
their office. The said election officials, upon the closing of the
pol~~. ~all Canvass t)1~, votes cast e.t said election ana shall pre-
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pare and file their return of said election wi th the Clerk of said
city statine in words and figures the number of votes cast for and
asainst the proposition voted upon und if the votes cast in the
affirmative of s~id proposition be not le~f ~h~ sixty-five per cent
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(65%) of th3 votes cast in said election certifyin~ that the proj)osi-
tion carried and, if otherwise, then that the proposition failed. Upon
the filing of suid election returns the City Council shall canv~ss
the same in the manner recuired by the Ordinances of the Cit y of seward.
Section 9. If said proposition is certified by the election
officials as having received the required majority of r:.u~lified votes
for approval, and has regularly carried, then the said Council of the
City of Seward lilay in its discretion authorize the execution of a
Project Construction and Sales Agreement, the incurring of indebted-
ness wi th interest thereon payable at the r ate of two per cent (2~)
per annum, sufficient to purchase the said sewage disposal but not to
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exceed '160,000.00
Dollars, issue seneral obligation bonds
';of the City: of.1ae:wal"d ,in an amount not to exceed the sum of
$150,000.00
Dollars, the said bonds to be in the manner and
form i1S by saitl Ci ty may be nrovided, >llld disposed of at l'ar to the
United States of America at a rate of interest of two per cent (2~)
per annllIl1, paynble semi-annually, tine and method of naturity of the
indebtedness 'ilid bonds to be ae:reed upon by S3i(\ City of Seward '1nd
the United States, the:>roceeds thereof to be used by the City of
Seward for the purpose of purc4~sin3 the sewer project.
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Section 10. All PUo~~$ions of the laws of the United st~tes
of _illlerica, thel'erritory of "laska, 3nd the r;eneral ordin8nces of
the Cityief' cieward re:'2;ulating elections d.:J.d the canvass of retluns
shall e;overn the elsdti'<Sn'1t6 beheJ:d under the p:rdvision:t hereof.
Section 11. ~..n emerC',ency is hereby declareJ. to exist 3.nd
this "Oirdinanc6Bhall be re1i(f lb. futl'kn'tl for its seCJ 1(:', :lnd third
readings by title upon its final passage by the City Council by the
City of Seward and a:;)~roved by the Eo.yor ind City ClerIc, all rules
~overning the adoption of ordinances havin~ been hereby suspended.
Passed by the Common Council of the City of Seward, \loska,
and a::nroved by the "Mayor, 811 on this "10"" d 3'[ of ~
1951.
Attest:
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WL-~
Y ler
5:1, .<2x;.'~~7
,ayor
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