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Ord 1546COUNCIL BILL ~~0. 327 oRDIr3A~1cE No. 154E A~1 ORDINANCE PROPOSING AN AP~~END~IEr1T TO THE CHAPTER OF TIfE CITY OF WOODBUP~J TO BE KNOWN AS SECTI0~3 31 OF CI~IAPTER X; ~.UTHORIZING THE COI~I- rTRUCTION AND E~}UIPPING OF A NEW SEWER DISPOSAL PLANT AND SYSTEr~I IN- CLUDING SITE ACQUISITION AND PREPARATION AND CONSTRUCTION OF ADDITIONAL SEWER T~1IIdS, I~1ODIFICATION OF THE EXISTI~JG SEWER SYSTEM, ?aND ACQUIRING AND PREPARATION OF NECESSARY RIGHTS-aF-WAY AND REAL PROPERTY FOR USE WITH THE NEtr1 SEWER DISPOSAL PLANT; PROVIDING FOR THE PAYMENT OF TIIE COST OF SUCH IMPROVEZt~ENTS BY THE IS5UANCE OF BONDS OF TII ~' CITY OF WOODBURN IN AN AMOUNT NOT EXCEEDING $ 2 , 0 0 0 , 0 0 0.0 0 ; ~~~UTIiORI Z Ii~1G A LEVY OF A SPECIAL TAX TO PAY THAT PART OF THE PRINCIPAL AND INTEREST OF SUCH BONDS NOT PAID BY REVENUE RECEIVED FROTH SUCH SEWER SYSTEM; REFERRING THE AMENDMENT TO LEGAL ELECTORS OF TTIE CITY; CALLING A SPECIAL ELECTION; TEND DECLARING A~1 Et'SERGENCY. ~r~~'HEREAS, the present facility for sewer disposal of tnc City of C~~Toodburn is inadequate, obsolete, is in violation of Federal and State standards, and is totally inadequate for the proper s.nd efficient operation of thy: sewer system of the City of Woodb~~rn.; dnd WHEREAS, the City Engineer of the City of Voodburn, taget~~er with engineering consultants employed by the City, have: determined that the cost of a new sewer disposal plant, together with necessary sewer mains, site acquisition and preparation, including access roads and rights-of-gay to the plant, and modification of the present sewer system of the City to incorporate the use of the new plant will Bost approximately $7,000,000.00 to $8,J00,000,00~ and Federal funding may be available to meet approximately 75~ of the cost; and WHEREAS, the City of Woodburn cannot continue with an in~- adequate sewer system and the Oregan State Department of Environmental Quality has advised the City teat should the City fail to take action remedying the present situation immediately, that such department will seek legal action, if necessary, to compel the construction of Page 1 ~- LOt1NCIL BILL NOS 327 ORDINANCE I~~O, 1546 an adequate system to protect the citizens of the City and State from pollution created by the present inadequate sewer disposal system of the City of Woodburn; and WHEREA5, it would be to the best interest of the City to take such immediate steps as are necessary to modify and reconstruct the sewer disposal system of the City of Woodburn and to use such Federal funds as may be available to assist the financing of such improvements, and it will, therefore, be necessary to borrow money and in evidence thereof issue bonds of the City of Woodburn, and before the bonds can be issued, the question of issuing said bonds must be submitted to the electors of said City and approved by a majority of electors voting on said question at election called for that purpose; now therefore, THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN: Section 1. That the Common Council of the City of Woodburn, Marion County, Oregon, hereby proposes an amendment to the Charter of said City amending the Charter by the addition of a section to be known as Section 31 of Chapter Y of said Charter to read as follows: "Section 31. That in addition. to all other obligations heretofore provided and authorized to be issued by tl~e Common Council of the City of Woodburn, the Common Council shall have the power and is hereby authorized to construct a new sewer disposal plant and system, together with acquisition and preparation of site, rights-of-Yxay for sewer mains and an access road needed Page 2 - COUTr1CIL BILL r10 ~ 32 7 oRD~r1ANCE No. 1546 by such sewer disposal plant, modification of the present sewer disposal system to serve the new sewer disposal plant, and to do all things necessary, expedient and incidental thereto; and in order to obtain funds to finance such improvements and to perform all matters necessary, ,r xpedient and incidental thereto, tlhe~ Common Council shall havL the power and is hereby authorized to issue general obligation bonds of said City in such principal sum as the Common Council may hereafter by ordinance determine. to be to the best interest of said City, not exceeding, However, the principal sum of ~2, aoa, o00 , aa; ~.~uch bonds to b~ issued in such denominations, payable or redeemable at such times, bearing such rate of interest, and in such form as thy; Common Council may hereafter by ordinance determine to be to the best interest of the said City. For the purpose of providing for the payment of the interest upon said bonds and the retirement thereof, the Common Council, after applying all unobligated net revenues from the sewer system to the payment of the bonds herein described, is hereby authorized to include in its budget and to levy against the taxable property within said City at amount sufficient to pay the interest and retire the bonds, or any part thereof, at their maturity." Section 2. That the proposed amendment to the Charter of the City of Woodburn, Marion County, Oregon, shall be submitted to the Page 3 - COUNCIL BILL TdO. 32? ORDINANCE NO, 1546 legal electors of said City at a special municipal election which is hereby called to be held in the City of Woodburn in accordance with the laws of the State of Oregon and the Charter and ordinances of the City on the 10th day of May, 1977. Polls shall bP open between the hours of 8:00 a.m, and 8:00 p.m, on that date. The election shall be held at the regular polling places for the general primary elections in each ward. The Recorder is authorized and directed to appoint such Election Boards, Counting Board and such other clerks and officials as may be required for the proper conduct of the election. Section 3. That the form in which said question shall be submitted to the electors of said City on the official ballot at such election shall be substantially as follows: 0~'F IC I.A.L BALLOT Special Municipal Election, May 10, 1977 City of Woodburn, Marion County, Oregon Referred to the voters by the Common Council AUTHORIZING $2,000,000.00 SEWER DISPOSAL SYSTE~r~ BOND ISSUE Purpose: To amend the Woodburn City Charter to authorize a bond issue not to exceed $2,000,000.00 to construct and acquire a new sewer disposal site, plant rights-of- way and system, modification of the pre~ent sewer disposal system, and to do all things necessary thereto. question: Shall the City of Woodburn, Marion County, State of Oregon, amend its Charter to permit the contracting of a general obligation bonded indebtedness in the sum not to exceed $2,400,000.00 for the purpose of providing funds sufficient, together with available federal monies, to meet the cost of construction of a new sewer disposal plant and system, including the Page 4 - COUNCIL BILL N0. 327 ORDINANCE N0. 1546 acquisition and preparation of a site, rights-af- way, modification of the present sewer disposal system, to pledge the unobligated net revenue to retirement of the debt, to levy a tax as necessary, and to do all things required to make the City sewer disposal system comply with Federal and State regulations? Mark a cross (X) or a check mark (,/) inside the voting square after the word YES or after the word Pdo. YES [ ] I vote for the bonds. ~~0 [ ] I vote against the bonds . Section 4, The Recorder shall post a typewritten notice in a conspicuous place in the City Hall and in one public place in each Election Ward of the City of Woodburn not less than ten days prior to the date of t'~e election, .~:articularly describing the time and places for said election, :.stating the names of the Election Boards and Counting Board members appointed by the Recorder for tre special City election, and stating the ballot title and a statement of the measure to be voted upon at said election as set forth in this ordinance. Section 5. The ballots for said election shall be printed in accordance with this ordinance and the applicable provisions of Ordinance Noy 1173 and the State election laws. Section 6. This ordinance being necessary for the irunediate preservation of the public peace, health and safety, an emergency is declared to exist, and this ordinance shall take effect upon its passage by the Council and approval by the Mayor. m .v 4d' APP RAVED . ~":, ~..-, --~... ~TANLEY.~_.G.~.....L.~ S~i~ayor ~~ ~ .f~~ Page 5 - COUNCIL BILL No. 32? sa~'~~l ORDINANCE No. 1546 -~ Passed by the Council Submitted to the ~~tayor :approved by the ~~ayor Filed in the Office of the Recorder ATTEST:~~ ~ A EY BURR S, Recor er City of Woodburn, Oregon February. 21, 1977 February 21, 1977 February 22, 1977 February 22, 1977 Page 6 -- COUNCIL BILL NO. 327 ORDINANCE N0. 1546 I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do hereby certify that I posted three copies of Ordinance No. 1546, one of which said copies posted in the City Hall on the bulletin board opposite the entrance to the Recorder's Office, in full view of the traveling public; a second one of said copies posted on the Woodburn Public Library bulletin board at 280 Garfield Street, in full view of the traveling public; a third one of said copies posted on the Paul Sowa and Sons building at 182 Young Street, in full view of the traveling public; that all of said places are public places within the corporate limits of the City of Woodburn and that all of said copies were posted on the ~ 3 /?day of ~~~~,~.~ ~, , 1977. ~, ~~ ,~, arney, Burris, Recorder City of Woodburn, Oregon