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HomeMy WebLinkAboutOrdinances Book 15, Page 295, No Resolution Number295 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, RELATING TO DETERMINATIONS (PREVIOUSLY MADE AND ANNOUNCED) THAT SAID CITY SHALL IMMEDIATELY UNDERTAKE A PUBLIC PROJECT FOR THE CONSTRUC- TION OF SEWER FACILITIES TO RELIEVE THE PRESENTLY OVERLOADED COMBINED SANITARY AND STORM WATER SEWERS AND FOR CONSTRUCTION OF ADDITIONAL SANITARY SEWERS IN THE INTERESTS OF PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE, AND THAT THE SAME BE FINANCED THROUGH THE ISSUANCE OF REVENUE BONDS, ACCOMPANIED OR PRECEDED BY SUCH INCREASES IN RATES AND CHARGES FOR SANITARY SEWER SERVICE AS ARE NECESSARY TO SUCH FINANCING; MAKING TENTATIVE DETERMINATIONS OF THE NATURE AND SCOPE OF SUCH PROJECT, THE AMOUNT OF REVENUE BONDS TO BE AUTHORIZED AND ISSUED THEREFOR, PROPOSED SEWER SERVICE RATES AND OTHER PRELIMINARY DETAILS; AND AUTHORIZING AND DIRECTING THAT THE CITY'S FISCAL AGENTS AND BOND COUNSEL PREPARE AND SUBMIT FOR CONSIDERATION BY THE 14AYOR AND BOARD OF COMMISSIONERS AS SOON AS POSSIBLE RECOMMENDED DRAFTS OF ORDINANCES AND OTHER PROCEEDINGS NECESSARY AND APPROPRIATE IN ORDER TO EFFECTUATE THE SAME. WHEREAS, at a meeting held on March 9, 1964, the Board of Commissioners of the City of Paducah, Kentucky, adopted its Resolution determining that it is necessary in the interest of the public health, safety and general welfare of the City of Paducah and of all the citizens and inhabitants thereof that a public project be undertaken for the con- struction and financing of installations and facilities to relieve the presently overloaded combined sanitary and storm sewers and for the construction of additional sanitary sewers, the same to be financed through the authorization and offering at public sale of the City's Sewer Revenue Bonds and the imposition and collection of increased rates and charges for sanitary sewer service to the extent required in order that the principal of and interest on such Bonds, and the cost of operating and maintaining the sanitary sewer system, may be paid solely from such rates and charges; and WHEREAS, pursuant to said Resolution the City's consulting engineers, Messrs. Burns & McDonnell, of Kansas City, Missouri, have reviewed and brought up to date previously submitted reports concerning the nature and scope of such public project, the estimated cost thereof and the rates and charges for sanitary sewer service necessary to be imposed and collected in connection with the financing thereof through the issuance and public sale of subh sewer revenue bonds; and 296 WHEREAS the revised and updated reports and recommendations of the consulting engineers in these respects have been carefully considered and have been discussed in detail with the City -County Health Officer, a representative of the State Board of Health and the Kentucky Water Pollution Commission, the City's Fiscal Agents and Bond Counsel, and the Mayor and Board of Commissioners are sufficiently advised and it is their opinion and judgment that the nature and scope of said project may now be determined, that the aggregate costs thereof may reasonably be anticipated, that the necessary increases in sanitary sewer service rates and charges may be ascertained, and that steps should be taken immediately to initiate said public project as soon as possible, NOW THEREFORE, THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Determinations are hereby made, that: (a) The aforesaid public project for the relief of over -loaded combined sanitary and storm sewers, and for the construction of additional sanitary sewers, must and shall be undertaken and set in motion as soon as possible in the interest of the public health, safety and general welfare; (b) The scope of said public project, insofar as the same is referred to in this Resolution, and is to be undertaken at this time, shall not include sewer installations and facilities solely for storm water drainage; but shall be limited to sewer installations and facilities related to the urgent needs of sanitation and the public health, as recommended by the Consulting Engineers and all public health authorities; (c) More specifically, said public project as referred to herein and to be undertaken at this time, shall be substantially "Phase A", comprising Steps I, II and III, as recommended in the most recently up- dated and submitted report of the Consulting Engineers, transmitted with a letter to the Mayor under date of April 2, 1964, copies of which are on file in the office of the City Manager and the City Clerk, subject to public inspection; reference being made to Tables Nos. 1, 2, 3 and "Revenue Bonds, Phase A" of Table 5, attached to and constituting parts thereof (exclusive of the storm or surface water sewers referred to in Table 4 and "General Obligation Bonds, Phase B" of Table 5 thereof); 297 (d) Subject to adjustments for construction costs as may be established when construction bids are actually received, from time to time, it is necessary for the City to authorize its revenue bonds, payable as to principal and interest solely from rates and charges imposed and collected for sanitary sewer service, in the principal sum of $5,150,000; (e) In order that such sewer revenue bonds of the City, issued for such purposes, may be sold upon terms most advantageous to the City, and to the users of its sanitary sewer system, it is necessary that provision be made for the imposition and collection of sanitary sewer service rates and charges such as will produce revenues not less than $445,000 annually; (f) The fairest and most realistic way of providing for the collection of such necessary sanitary sewer revenues is to base the same upon the amount of water received upon all affected premises, as shown by water - meter readings applicable thereto, subject to the recognition of orderly exceptions in cases where it may be proven in an acceptable manner that by reason of unusual and exceptional circumstances the quantity of water received upon any premises does not represent an equivalent use of sanitary sewer disposition; and that special provisions should also be made in cases where industrial or other wastes are discharged into the sanitary sewer facilities thus necessitating special treatment before ultimate disposition thereof in the interests of the public health, safety and general welfare; (g) Although upon first thought it appeared to the Mayor and Commissioners that the simplest and most economical method of producing the required revenues from sanitary sewer service rates might be to establish the same upon the basis of a percentage of the money amount of bills rendered for water service; upon further and more mature consideration it became apparent that establishment of sanitary sewer service rates on this basis would make it necessary to adjust such rates for sanitary sewer service every time it may (now or in the future), become necessary to adjust rates for water service in order to finance necessary water system improve- ments, or for any other reason; and accordingly it is deter- mined that rates and charges for sanitary sewer service shall be established on a schedule related to water -meter readings, 298 but independent of water service rates or the face amount of water bills. the Consulting Engineers are requested and directed to submit a recommended schedule of rates for sanitary sewer service in conformity with this determination, and calculated to produce the amount of sewer service revenues hereinabove set forth; (h) The City's Fiscal Agents are hereby requested and directed to cause the municipal bond attorneys retained by them on behalf of the City to prepare for early submission to and due consideration by the Mayor and Commissioners, such Ordinances and other proceedings as the Fiscal Agents may recommend for commencing the undertakings herein determined to be urgently required in the interests of the public health, safety and general welfare, and for carrying the same forward as soon as possible in an orderly and business -like manner; (i) By the adoption of this Resolution it is not the pur- pose or intention of the Mayor and Commissioners to minimize the obvious necessity for providing facilities which will relieve storm or surface water drainage problems which are not directly and immediately related to sanitation and the public health; and nothing herein determined or stated shall be so understood or construed. This Resolution does no- more than recognize that sanitation and the public health are first; and that first things are first as they must always be. It is declared to be the purpose and intention of the Mayor and Commissioners to attack the separate and serious independent problems of storm or surface water drainage, and to propose solutions thereof, as soon as possible after the solution of the first and paramount problems of sanitation and the public health have been set in motion. SECTION 2. This Resolution shall be in full force and effect from and after its adoption and signing as provided. Notwithstanding the fact that there is no legal requirement for publication hereof, the City Manager, or the City Clerk, shall deliver a certified copy hereof for publication in the Sun -Democrat, the newspaper published in said City and having the largest circulation thereon. ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH KENTUCKY, at a regular meeting held on May 26, 1961,, and thereupon SIGNED ACCORDING TO KRS 89.540, duly recorded, declared to be in full force and effect, and ordered to be delivered for publication as herein provided. (SEAL) AT ST: City Clerk CERTIFICATION 299 .-�7 /�� Mayor City of Paducah, Kentucky The undersigned, City Clerk of the City of Paducah, McCracken County, Kentucky, does hereby certify that the foregoing is a true copy of Resolution No. adopted by the Board of Commissioners of said City at a repular meeting held on May 26, 1964, duly signed according to KRS 89.5L.0, attested and recorded by me as the City Clerk, now in full force and effect, and a copy duly delivered for publication as in said Resolution provided. WITNESS my hand and the seal of said City, this day of 196L.. City Clerk City of Paducah, Kentucky