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The following ordinance provid
ing for the acquisition and oper-
ation by the City of Charles
Town. West Virginia of the pres-
ently privately owned waterworks
system supplying water and water
service in and to said city and sur
rounding territory including the
Town of Ranson and the construe
lion of improvements and better-
meats thereto and making pro-
vision for the issuance and sale
of Water Revenue Bonds of said
city in the amount of $525,000,
and establishing the minimum
rates and charges for the facilit-
ies rendered by such system was
adopted at a meeting of the Com-
mon Council of said city on the
6 clay of March, 1961.
Said city contemplates the is-
suance of said bonds and a pub-
lic hearing in connection there-
with will be held at City Hall,
C}~arles Town, W. Va. in said
city on the 3rd day of April, 1961
at 7:00 o'clock P. M. at which
time all persons interested are
now and hereby notified that
they may appear before the Com-
mon Council of said city at the
said time and place last afore-
said and then and there may pres
eat protests against the said or-
dinance.
C. F. PRINTZ
City Clerk
AN ORDINANCE providing for
the acquisition and operation of
a municipal waterworks system
by the City of Charles Town,
West Virginia, and the construc-
tion of betterments and improve-
ments thereto; providing for the
issuance of Water Revenue Bonds
of said city and setting forth the
terms and conditions upon which
such bonds and any additional
bonds payable from the revenues
of said system are to be and may
be issued and outstanding; pro-
viding for the payment of such
bonds and interest thereon from
such revenues and fixing the min
lmum rates and charges for water
and water service.
WHEREAS the existing water-
works system now supplying
water and water service in and a-
bout the City of Charles Town
(sometimes known as "The Cor-
poration of Charles Town" and
hereinafter in this ordinance re-
ferred to as the "city" or "City of
Charles Town") and the Town of
Ranson, in Jefferson County,
West Virginia for public, domes-
tic, commercial and industrial
purposes is owned and operated
by The Peoples Water Service
Company of West Virginia; and
WHEREAS the Council of the
Town of Ranson, West Virginia
has heretofore ad**ised the City
of Charles Town that it will adopt
an ordinance approving and con-
senting to the acquisition by the
City of Charles Town of the por-
tion of said system situated in
said town; consenting to the ser-
vicing or supplying of water fac-
ilities or services within the cor-
porate limits of said town by said
city; and granting a franchise tc
said city to operate and maintain
said system and to supply water
and water service in and to said
town, and
WHEREAS pursuant to an a-
greement heretofore entered into
between The Peoples Water Ser-
vice Company of West Virginia
and the City of Charles Town.
said city has contracted to ac-
quire said existing waterworks
system; and
"WHEREAS under the provis-
ions of Article 12 of Chapter 8 of
the West Virginia Code, said city
is authorized to issue bonds pay-
able as hereinafter provided from
the revenues derived from the op
eration of the waterworks system
for the purpose of providing
funds for such acquisition and
the construction of betterments
and improvements to said sy-
stem;
NOW, THEREFORE, Be It and
It Is Hereby Ordained by the
Common Council of the City of
Charles Town. West Virginia, as
follows:
Section 1. That all proceedings
and action hertofore taken where-
by the City of Charles Town.
West Virgima, will acquire the
presently privately owned water-
works system now supplying
water and water service in and
about said city and the Town of
Ranson for public, domestic, corn
mercial and industrial purposes,
is hereby ratified and confirm.
ed, all pursuant to and under au-
thority of Article 12 of Chapter 8
of the West Virginia Code. That
the waterworks system to be ac-
quired as aforesaid is briefly de-
scribed as consisting of the entire
waterworks plant and distribut-
ion system presently owned and
operated by The Peoples Water
Service Company of West Virgin.
ia, as detailed in the report dat-
ed September, 1959, of Kelley,
Gidley and Staub, Consulting En-
gineers, now on file with the City
Clerk. including all real estate,
buildings and improvements,
tanks, wells, water towers, pump-
ing equipment, pipe lines, mains,
meters, hydrants, materials and
supplies, and all properties and
eqmpment used or useful in sup-
plying water in and to said terri-
tory. The contemplated better-
ments improvements to said
waterworks system are generally
described in said report dated
September, 1959 of Kelley, Gidley
and Staub, Consulting Engineers
and are briefly described as con-
sisting of the construction of ad-
ditional water storage facilities,
100% metering of system, repair-
ing and improving existing stor-
age tanks, installation of addition
al fire hydrants, installation of
additional 6" mains, and replace.
ment of certain undersized mains.
including engineering, financing,
legal and other pertinent costs is
terments and improvements there
to, as referred to in Section 1
hereof, there shall be and there is
hereby authorized to be issued
Water Revenue Bonds of said
city in the total principal amount
of $525,000, dated April 1, 1961, of
the denomination of $1,000 each,
numbered consecutively 1 to 525,
inclusive, and maturing in num-
erical order on April 1 of the re-
spective years as follows:
Year Amount
1964 $ 5,000
1965 5,000
1966 6,000
1967 6,000
1968 6,000
1969 6,000
1970 7,000
1971 7,000
1972 7,000
1973 8,000
1974 8,000
1975 9,000
1976 9,000
1977 10,000
1978 10,000
1979 10,000
1980 11,000
1981 11,000
1982 12,000
1983 12,000
1984 13,000
1985 14,000
1986 14,000
1987 15,000
1988 16,000
1989 17,000
1990 17,000
1991 18,000
1992 19,000
1993 20,000
1994 21,000
1995 22,000
1996 23,000
1997 24,000
1998 25,000
1999 ' 26,000
2000 27,000
2001 29,000
provided, that bonds numbered
49 to 525, inclusive, shall be op-
:tonal for redemption by said city
prior to maturity, in whole, or
~rom time to time in part in the
nverse order of their maturities
(less than all 0f a single maturity
~o be selected by lot) on any in-
crest payment date on or after
~.pril 1. 1971( upon terms of par
md accrued interest plus a redem
)tion premium of three per cent
~3%) of the principal amount
hereof. Notice of any such re-
lemptmn identifying the bonds
o be redeemed shall be mailed
o the original purchaser of the
rends hereby authorized at least
hirty days prior to the redemp-
~.ion date and shall be given by
publication at least once not less
'~han thirty days prior to the re-
demption date in a newspaper or
"inancial journal of general cir-
relation published in the City of
~lew York, New York.
Said bonds numbered 1 to 48,
:nclusive shall bear interest from
the date thereof at the coupon
rate of 4¼% per annum, said
bonds numbered 49 to 141, inclus
:ve, at the coupon rate of 4½%
.~er annum and said bonds num-
~)ered 142 to 525, inclusive, at the
~oupon rate of 4¾% per annum.
MI interest at the coupon rate
shall be evidenced by proper in-
terest coupons attached to each
of said bonds and to be payable
October 1, 1961 and semi-annual-
ly thereafter on the first days of
a, pril and October in each year.
Both principal and all interest
~hall be payable in lawful money
~)f the United States of America
at the office of the State Sinking
Fund Commission of West Virgin
~a in the City of Charleston, West
Virginia, or at the option of the
holders of the respective bonds
and interest coupons at the prin-
cipal office of The First Nation-
al City Bank of New York in the
City of New York, New York.
Said bonds shall be signed by
the Mayor, and sealed with the
corporate seal of the city attested
by the City Clerk, and the inter-
ost coupons attached shall bear
"he facsimile signatures of said
~ayor and said City Clerk, and
said officials by the execution of
said bonds shall adopt as and for
their own proper signatures their
respective facsimile signatures on
said coupons. All of said bonds,
together with the interest there-
~n, and any additional bonds rank
~ng on a parity therewith that
may be hereafter issued under
*he conditions and restrictions
hereinafter set forth, shall be
sayable only out of the "Water
Revenue Bond Interest and Sink-
ing Fund" as hereinafter more
specifically provided. The holders
of said bonds shall have a valid
claim against said fund and the
moneys in said fund shall and
they are hereby pledged for the
nayment of said bonds and the
interest thereon. Said bonds shall
be secured by a statutory mortga-
ge lien on said municipal water-
works system as provided by Ar-
ticle 12 of Chapter 8 of the West
Virginia Code.
Section 3. That said bonds and
interest coupons shall be fully
negotiable but upon presentation
at the office of the City Clerk of
said city of any of said bonds
same may be registered as to prin
cipal in the name of the owner
on the books in his office, such'
registration to be noted on the
reverse side of the bonds by the
City Clerk as Bond Registrar, and
thereafter the principal of such
registered bonds shall be payable
only to the registered holder, his
~legal representatives or assigns.
upon presentation to the City
Clerk with a legal assignment
duly acknowledged or proved. Re
gistration of any of such bonds
shall not affect the negotiability
of the coupons thereto attached
but such coupons shall be trans-
ferable by delivery merely.
Section 4. That bonds and in-
terest coupons shall be in sub-
stantially the following form, to
wit:
(Form of Bond)
UNITED STATES OF AMERICA
STATE OF WEST VIRGINIA
COUNTY OF JEFFERSON
CITY OF CHARLES TOWN
WATER REVENUE BOND
Number $1,000
KNOW ALL MEN BY TItESE
PRESENTS that the City of
Charles Town, West Virginia, a
municipal corporation, organized
and existing under the laws of
the State of West Virginia (some
times known as "The Corporation
of Charles Town" and hereinafter
referred to as the "City of Char-
les Town" or "city"), for value re
ceived, hereby promises to pay
to the bearer hereof, or if this
bond be registered, to the regis-
tered holder as hereinafter pro-
vided, the principal sum of One
Thousand Dollars ($1,000) on the
first day of April , and
to pay interest on said sum from
the date hereof until paid, at the
rate of per cent
(--------%) per annum, payable
October I, 1961 and semi-annually
thereafter on the first day of Ap-
ril and the first day of October in
each year, except as the provis-
ions hereinafter set forth with
respect to redemption prior to ma
i turity may be and become appli
cable hereto, all such interest ac-
cruing on and prior to the matur-
ity date of this bond to be paid
on presentation and surrender of
the annexed interest coupons as
they severally mature, and both
principal and interest being pay-
able in lawful money of the Uni-
ted States of America, at the of-
fice of the State Sinking Fund
Commission of West Virginia in
the City of Charleston, West Vir-
ginia, or at the option of.the
holder hereof, at the principal of-
fice of The First National City
Bank of New York in the City of
New York, New York.
This bond is one of a series of
bonds numbered consecutively 1
to 525, inclusive, authorized to
be issued by ordinance duly adop
ted by the Common Council of
said city for the purpose of fin-
ancing the cost of acquiring a
municipal waterworks system for
said city and thereafter construct
ing betterments and improve-
ments thereto under and in full
compliance with the Constitution
and Statutes of the State of West
Virginia, including particularly
Article 12 of (~hapter 8 of the
West Virginia Code.
Said City of Charles Town here-
by reserves the right and privil-
ege to call and redeem bonds
numbered 49 to 525, inclusive, of
the series of bonds of which this
is one, prior to maturity on any
interest payment date on or after
April 1, 1971, in whole or from
time to time in part in the inver
se order of their maturities
(less than all of a single maturity
to be selected by lot), upon terms
of par and accrued interest plus
a redemption premium of three
per cent (3%) of the principal a-
mount fhereof. Notice of the exer
cise of such option as to any or
all of said bonds specifying the
bonds to be redeemed will be
mailed to the original purchaser
of said bonds at least thirty days
prior to such redemption date
and will be published at least
once not less than thirty days
prior to such redemption date in
a newspaper or financial journal
of general circulation published
in the City of New York, New
York. All such bonds as to which
said city reserves and exercises
the right of redemption as afore
said and as to which notice shall
have been-given, and for the re-
demption of which upon the
terms aforesaid funds are duly
provided, will cease to bear in-
terest on the redemption date.
This bond and the series of
which it forms a part, and includ
ing the interest thereon, together
with any additional bonds rank-
ing on a parity therewith that
may be issued under the condit-
ions and restrictions set forth in
said ordinance, are payable only
from a fixed amount of the reven
ues to be derived from the oper-
ation of said municipal water-
works system, which amount
shall be sufficient to pay the prin
cipal of and interest on such
bonds as and when the same be-
come due and payable, and which
shall be set aside as a special
fund for that purpose and identi-
fied as the "Water Revenue Bond
Interest and Sinking Fund". This
bond and the series of which it
forms a part do not constitute an
indebtedness of the City of Char-
les Town within the meaning of
any constitutional ¢~r statutory
provisions or limitations, and said
city shali not be obligated to pay
this bond or the interest thereon
except from said special fund.
Said city covenants that as re-
quired by said Article 1~ of Chap
ter 8 of the West Virginia Code,
it will fix such rates for the ser-
vices and facilities of said munici-
pal waterworks system and col-
lect and account for revenues
therefrom to promtly pay the in-
terest on and principal of this is-
sue of bonds, to provide proper
funds for a depreciation account,
and to pay costs of operation and
maintenance of said municipal
waterworks system.
of Chapter 8 of the West Virginia
Code to and in favor of the hold-
er or holders of the series of
bonds of which this bond is one
and the holder or holders of the
coupons appertaining thereto and
same is hereby recognized as val-
id and binding, and' said munici-
pal waterworks system and all
betterments and improvements
thereto shall remain subject to
such statutory mortgage lien as
provided by the ordinance author
izing said series of bonds, until
the payment in full of the princi-
pal of and interest on said bonds.
This bond shall be fully nego-
tiable and pass by delivery but
may be registered as to principal
on the books of the city in the of-
fire of its City Clerk, evidence
of such registration to be noted
here on by such City Clerk as
Bond Registrar, after which no
!transfer shall be valid unless
!made on such books at the re-
quest of the person in whose
name it is registered or his duly
authorized attorney and similar-
ly noted on the bond, but this
bond may be discharged from re-
gistration by being in like man-
ner transferred to bearer, after
which it shall again be transferab
le by delivery, and this bond may
again from time to time be regis
tered or transferred to bearer as
before. The registration of this
bond, however, shall not affect
the negotiability of the coupons,
which shall continue to pass by
delivery.
This bond is exempt from tax-
ation by the State of West Virgin
ia and any county or municipal-
ty therein.
IT IS HEREBY CERTIFIED,
RECITED AND DECLARED that
ill acts, conditions and things re
:luired to exist, happen and be
performed, precedent to and in
:he issuance of this bond and the
series of bonds of which it is one,
:lo exist, have happened and have
been performed in the manner
and form required by law; that
~aid city will continuously Oper-
ate its municipal waterworks sy-
stem, and that the amount of this
bond together with all other obli
gations of said city does not ex-
ceed any limit prescribed by the
Constitution or Statutes of the
State of West Virginia.
IN' WITNESS WHEROF the
City of Charles Town, West Vir-
ginia, has caused this bond to be
~xecuted by its Mayor and its cor-
porate seal to be hereto affixed,
attested by its City Clerk and the
coupons hereto attached to bear
the facsimile signatures of said
Mayor and said City Clerk, which
officials by the execution of this
bond do adopt as and for their
own proper signatures their re-
spective facsimile signatures ap-
! pearing on said coupons, all as of
the first day of April, 1961.
Attest:
City Clerk
(Form of Coupon)
Number
S-----
On the first day of
19---, the City of Charles Town,
West Virginia, will upon surren-
der hereof, pay to bearer out of
its "Water Revenue Bond Inter-
est and Sinking Fund" --------
------ Dollars ($. )
at the office of the State Sinking
Fund Commission of West Vir-
ginia, in the City of Charleston,
West Virginia, or at the option of
the holder hereof at the principal
office of The First National City
Bank of New York in the City of
New York, New York, as provi-
ded in and being interest then
due on its Water Revenue Bond
dated April 1, 1961, Number ----4-
Attest:
Mayor
citY Clerk
( Form for registration to be
printed on the back of each
bond)
Date of Registration
In Whose Name Registered
Signature of Bond Registrar
Section 5. That the bonds here-
by authorized be executed as here
in provided as soon after the a-
doption of this ordinance as may
be and shall be sold and deliver-
ed to Charles A. Kinsch & Com-
pany, Inc., pursuant to an agree-
ment dated June 22, 1959 for the
purchase of such bonds and the
terms and conditions of said a-
greement are hereby in all res-
pects ratified and confirmed and
found to be for the best interests
of said city and to represent a
sale of said bonds upon a net in-
terest cost basis of less than'the
statutory maximum of six per
cent per annum as computed to
the maturity of said bonds upon
standard tables of bond values.
The Mayor, City Clerk and City
Treasurer shall be and are hereby
authorized and directed to sell
and deliver said bonds and to ex-
ecute and deliver to said purchas
er any other documents and data
which the purchaser may reason-
ably require. Simultaneously with
the issuance of said bonds a suffi-
cient portion of the proceeds
therefrom, exclusive of accrued
interest shall be applied in pay-
ing the purchase price and cost of
m issuance an(
of said bonds shall be paid into payment of the interest or~ and
the Water Revenue Bond Interest principal of the bonds herein au-
and Sinking Fund hereinafter thorized and to create a margin
created• The balance of the pro- of safety.
reeds of said bonds shall be set Said sinking fund shall be used
apart and kept in a special fund solely and only and is hereby
to be disbursed on orders of the pledged for the purpose of paying
Common Council of said city for the interest on and accomplish-
the purpose of paying the cost of ing the retirement of the bonds
constructing betterments and ira- herein authorized and any addit-
provements to said municipal ~ional parity bonds, and unless all
waterworks system of said city I of the bonds outstanding are to
..... ~be retired only such sums as may
as hereinbefore identified; prov|-
ded, that interest accruing on, be in excess of the amount of in-
said bonds during the construct-iterest and principal becoming
ion period shall be deemed an i due within the succeeding twenty
item of construction cost and to four (24) months shall be used to
the extent such interest is not redeem or retire bonds in advance
paid from revenues it shall be of maturity. As and when funds
paid from the proceeds of said are so set aside and paid into
bonds. Pending expenditure the said sinking fund they shall be
proceeds thus set apart for con- remitted to the State Sinking
struction costs shall be deposited Fund Commission of West Vir-
in a bank or banks, and each ginia with appropriate instruct-
such deposit to the extent it caus ions as to the use, and application
es the aggregate deposits by said thereof'.
city in such bank to be in excess (2) There is hereby created a
of $10,000 shall be secured by a special fund to be designated
surety bond or bonds furnished "Waterworks Operation and Main
by a surety company or compan, tenance Fund" into which there
ies qualified or authorized to do shall be next transferred and
business in West Virginia, or by paid from said Water Revenue
a pledge of direct obligations or Fund each month an amount suf-
guaranteed bands or securities of ificient to pay all reasonable and
the United States of America hav i proper expenses of operation,
ing a market value equivalent to!maintenance and repair of said
such excess. If it be determined waterworks system for the cur-
by the Common Council at any rent month and from which dis-
time that the amount of bond pro bursements shall be made only
reds being held in the construc- for that purpose. If in any month
lion fund is in excess of the a- for any reason there is failure to
mount necessary to be disbursed transfer and pay the required a-
':herefrom for the authorized pur mount into said operation and
pose during the ensuing six mon- maintenance fund then the a-
ths such excess may be invested mount of any deficiency shall be
in interest bearing bonds or other added to the amount otherwise
direct and general obligations of required to be transferred and
the United States of America hay paid into said fund in the next
ing a maturity date or being sub- succeeding month. Fixed annual
]ect to retirement at the option charges, such as insurance and
of the holder not more than two cost of major repair and mainten-
years subsequent to the date of ance expenses, may be computed
such investment, and all such in- and set up on an annual basis
vestments as well as all income and one-twelfth of the amount
therefrom shall be carried to the thereof may be accumulated in
credit of such construction fund. said fund each month.
Section 6. From and after the (3) There is hereby created a
delivery of any bonds issued un- special fund to be designated "De
der the provision of this ordinan- preciation Fund" and after mak-
ce the municipal waterworks sy- ing the monthly transfers and
stem of said city shall be contin-payments into the sinking fund
and operation and maintenance
fund there shall next be transfer-
red and paid from said Water Re-
venue Fund each month the sum
of $325 until the amount in said
Depreciation Fund shall aggreg-
ate $25,000 and whenever with-
drawals are made from said fund
lows: so as to reduce the balance there
(1) There is hereby created, in to less than $25,000 the trans-
and so long as any of the bonds fers and payments shall continue
hereby authorized are outstand- so as to restore the amount there
ing, there shall be maintained a i in to at least $25,000. All funds
special fund to be known as the I in said Depreciation Fund shall
"Water Revenue Bond Interest be kept apart from all other mun-
and Sinking Fund" (sometimes icipai funds and all or any part.
• h i . . ,
hereinafter referred to as t e i of sazd fund may be invested m
"sinking fund '} into which there I bonds or other direct and general
shall be set aside from said in-I obligations of the United States
~.ome and revenues in equal mon[of America maturing or being
thly installments such portion ~subject to retirement at the op-
thereof as will be sufficient to l tion of the holdel" within not
pay the principal of and the inter,more than ten years from the
est on the bonds issued hereun-date of such investment. With-
der, and any additional bonds drawals and disbursements may
ranking on a parity therewith as be made from said Depreciation
may be issued under the condit- Fund for renewals or replace-
ions and restrictions of this ord- ments to the waterworks system
inance, and to create a margin of or for improvements, betterments
~afety. It is hereby determined and extensions thereof and provi-
and agreed that from and after ded also that withdrawals and dis-
the issuance of any of the bonds bursements shall be made from
hereby authorized there shall be said Depreciation Fund to meet
set aside and paid into the sink- the payment of interest on or
:ng fund on or before the tenth principal of any bonds to what-
day of each month an amount e- ever extent and if fro) any reason,
!qual to at least (1) one-fifth of funds in the sinking fund are in-
i the amount of interest becoming sufficient for that purpose.
i due on said bonds on the next (4) All the remaining income
succeeding interest payment date, and revenues of the municipal
91us (2) one-tenth of the amount waterworks system in said Water
)f principal of said bonds becom- Revenue Fund on June 1 of each
ng due during the next succeed- year which shall have been col-
lng twelve months; provided, that lected prior to April 1 of such
when and so long as there has year shall be considered surplus
been accumulated and is retained income and revenues and provi-
, 'n said sinking fund sufficient ded all payments into the various
monies to pay the amount of prin special funds hereinbefore estab-
cipal and interest becoming due lished are current and there are
on said bonds during the next no deficiences in any of said
succeeding twenty-four (24) mon funds such surplus may be used
~ths then the amount to be set a- and expended to redeem or re-
side and paid into said sinking tire bonds issued by said city for
i fund may be reduced to one-sixth account of said waterworks sy-
of the amount of interest and one stem in advance of maturity, the
twelfth of the amount of princi- construction of improvements,
pal respectively, as hereinafter betterments, or extensions to the
otherwise provided. Computat- system, or may be withdrawn and
ions for payments into said sink- disbursed on order of the Com-
i ing fund shall be made as of mon Council for any lawful water
April 1 of each year. No further works system purpose, and such
payments need be made into surplus shall not be available for
said sinking fund after and so any other purpose.
long as such amount of the bonds Section 7. While the bonds au-
shall have been retired that the thorized hereunder, or any of
amount then held in said sinking them remain outstanding and us-
fund is equal to the entire a- paid, the rates for all services and
mount required for rotirement of facilities rendered by the said
said bonds and to pay all interest municipal waterworks system to
that will have accrued and be- said city and to its citizens, cor-
corse due at the time of such re- porations or other consumers,
tirement, shall be reasonable and just, tak-
The undertaking to transfer ing into account and considerat-
and pay the above prescribed a- ion the cost and value of said
mount from said Water Revenue properties and the cost of main-
Fund into said sinking fund shall taining and operating the same
be cumulative so that in the ev- and the proper and necessary al-
eat the income and revenue dur- lowances for depreciation there.
ing any month are inadequate to of, and the amounts necessary for
make the required transfer and the retirement of all bonds and
payment, or if for any other rea- the accruing interest on all such
son there be a failure to make bonds as may be outstanding us-
such transfer and payment, the der the provisions of this ordin-
deficiency shall be made up from ance, and there shall be ,charged
the first available income and re such rates and amounts as shall
venues thereafter received and be adequate to meet the require-
the same shall be in addition to ments of this and the preceding
the amounts otherwise provided sections hreeof. Compensation for
to be transferred and paid into services rendered or facilities af-
said sinking fund. forded to said city or said Town
At or before the time of issuan of Ranson shall be charged again-
ce of any ad~litional bonds rank- st said city or said town and pay-:
ing on a parity with the bonds ment for same from the corpor-
herein authorized under the con- ate funds of said city or said town
ditions and restrictions herein- shall be made into said Water
after set forth, provision shall be Revenue as other income and re-
made for the payment into said venues. It is hereby covenanted
sinking fund of additional a- and agreed that no free services
mounts in like proportion to the shall be allowed or permitted
from the facilities of said munici- afforded thereby, and
pal waterworks system, gate the income and
So long as any of the bonds is- and make the appl carl
sued hereunder shall remain oul I into the respective fundS,
standing and unpaid the follow-
ing rates shall be the minimum
monthly rates to be charged for
the services rendered by said
municipal waterworks system:
Monthly Water Rates:
SCHEDULE NO. 1
Applicable in entire territory
served.
Availability Of Service
A~ailable for general domestic,
commercial and industrial service
METER RATE
First 10,000 gals. used per mon-
th $0.60 per 1,000 gals.
Next 30,000 gals, used per mon
th $0.50 per 1,000 gals.
Next 30,000 gals. used per mon-
th $0.40 per 1,000 gals.
Next 30,000 gals. used per mon-
th $0.30 per 1,000 gals.
Next 100,000 gals. used per mon
th $0.20 per 1,000 gals.
All over 200,000 gals. used per
month $0.18 per 1,000 gals.
HINIMUM CHARGE
No bill will be rendered for
ess than the following amounts,
according to the size of the meter
installed, to-wit:
5/8 or 5/8 x¾ Meter $1.50 per
month
~" Meter $2.15 per month
1" Meter $3.85 per month
1¼" Meter $6.00 per month.
1½" Meter $8.65 per month
2" Meter $15.40 per month.
3" Meter $34.60 per month.
4" Meter $61.50 per month.
6" Meter $138.50 per month.
FLAT RATE
For domestic, commercial or in-
dustrial customers --- $1.50 per
~onth.
PROMPT PAYMENT DISCOUNT
A discount of 5% of the a-
mount of the bill shall be allowed
if paid within ten (10) days of
the date thereof.
SCHEDULE NO. 2
Applicable in entire territory
;erved.
AVAILABILITY OF SERVICE
Available for public fire protec
tion service.
RATE
Fire Hydrants, each $36.00 per
annum
PROMPT PAYMENT DISCOUNT
OR DELAYED PAYMENT PEN-
~kLTY
None
SCHEDULE NO. 3
Applicable in entire territory
served.
AVAILABILITY OF SERVICE
Available for private fire pro-
tection service.
RATE
Fire hydrants, each $36.00 per
annum.
Sprinkler heads, each $0.1.0 per
annum.
PROMPT PAYMENT DISCOUNT
OR DELAYED PAYMENT PEN-
ALTY.
None.
The rates and charges afore-
said shall be billed monthly and
all bills shall be payable when
rendered. When any bill has re-
mained unpaid for thirty days
after rendition it shall be deemed
delinquent and the water services
to the premiss involved in such
delinquent charges shall be dis-
continued until such time as all
delinquent charges plus a recon-
nection charge of $5.00 are paid
in full.
The rates and charges aforesaid
shall be billed to the owners of
the premises, provided that upon
application by the tenant of any
premises who is not the owner
filed with the City Clerk accom-
panied by appropriate security or
indemnity in an amount and of
a kind approved by the City
Clerk, the bills may be rendered
to the tenant:
I If the foregoing rates and char
~ges are insufficient at any time
to produce revenues from said
municipal waterworks system suf
ficient to meet the requirements
for the creation and maintenance
of the accounts and funds here
in set forth, such rates and sched
ules shall be increased in a-
mounts sufficient to meet such
requirements.
Section 8. Said city hereby cov
chants and agrees that so long as
any of the bonds hereby authori-
zed remain outstanding it will
keep proper books of record and
account separate from all other
municipal records and accounts,
showing complete and correct en-
tries of all transactions relating
to said municipal waterworks sy-
stem and that the holder or hold-
ers of any of said bonds shall
have the right at all reasonable
times to inspect the properties
and all records, accounts and data
of the city relating thereto. An
audit of said records and ac-
counts will be prepared each cal-
endar year by an idependent cer-
tified public accountant not in
the regular employ of the city
and the original purchaser of
the bonds hereby authorized
shall be furnished and any holder
or holders of said bonds upon
written request will be fui'nished
with a current operating and in-
come statement as disclosed by
such audit not later than April
15th of the following year.
Section 9. That said city hereby
covenants and agrees with the
1older or holders of the bonds
herein authorized to be issued, or
any of them, that it will faithfully
and punctually perform all duties
with reference to said municipal
waterworks system required by
the Constitution and laws of the
State of West Virginia, including
the making and collecting of reas
onable and stffficient rates for
services rendered and facilities
vided by this ordinance;
city hereby irrevocably
binds and obligates
~nel!nnlease, mortgage, or
a er dispose of the
part of said properties,
any and all additions,
ments and improveme
may be made therto, e
the statutory mortgage
vided for in Section 10
til all the bonds herein'
ed to be issued shall
paid in full, both
i interest, and the city
enants and agrees
ers of said bonds to mat
good condition and
operate said municipal
works system and to
collect such rates and
services rendered and
afforded thereby so thai
income and revenues
ficient at all times to
prescribed payments
ing fund, to provide
for the depreciation
pay the costs of
maintenance of the
Said city hereby
ants and agrees that so
any of the bonds
zed remain outstanding
an expense of operation
tenance of the syster~
carry and maintain
the properties, subject to
!damage, in amounts and
i hazards substantially
i ance with the practice
corporations which own
:ain waterworks under
conditions.
Section 10. That for the
i protection of the
bonds herein authorized
coupons attached .thereto
utory mortgag lien
municipal waterworks
quired and all
provements,
tensions constructed
application of the
bonds hereby
by recognized in
the provisions of the
suant to which said
be issued. Said statutorY
ge lien shall be
enforced only for the
preevnting the sale,
mortgage, lease or dk,
other manner of anY
i part of said properties
i holder of said bonds, or
the coupons, may
or in equity, but suit,
damus or other
force and compel
said city and its
gents of all duties
required by law or this
in connection with the
?nfa~aid pro~er~lSe,ct~n~
cient rates and segre~
income and revenues
plication thereof. If
default in the
principal of or
any of said bonds any4
ing jurisdiction in a
ion may appoint a
minister said
works system on
municipality with
ge and collect rates
provide for the
bonds and interest
for the payment of
expenses, and to
come and revenues in
with this ordinance
plicable law.
Section 11. The
zed to be issued
from time to time
shall not be entitled
one over the other in
tion of the income
of said municipal
stem, regardless
times of their
the intention of
Council that there
priority among the
ized to be issued
visions of this ordin
less of the fact
actually issued and
different times, and
and security of and
~r obligations
that are payable
come and
iect to the
meats into the sin
account of the
thorized as may
qme be
however, said city
-es the right and
cuing additional
*o time payable
and revenues of
waterworks, system
narity with the
thorized in order to
of further
provements to sa~
before any such
ranking on a
issued there shall
cured and filed
said city a statemen
endent certified
ant not in the
the city, reciting
based upon the
tigation that the
veiues of said
(12) consecutive
the preceding
ths (with
after provided)
least 1.30 times
mount that
any succeeding
both principal an
bonds then
additional
posed to be
that the interest
CONTINUED oN