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19701027 1970-25ORDINANCE NO. 1970- 25 that: AN ORDINANCE AUTHORIZING THE ISSUANCE OF $1,500,000 BOND5 OF THE CITY OF FAIRFAX, VIRGINIA, FOR THE PUR- POSE OF PROVIDING FUNDS TO PAY THE COST OF EXTENDING AND IMPROVING THE SANITARY SEWERAGE SYSTEM OF THE CITY BY CONSTRUCTING EXTENSIONS AND REPLACEMENTS OF TRUNK MAIN SANITARY 5EWER5 LOCATED WITHIN ANO PARTLY WITHIN AND PARTLY WITHOUT THE CITY. THE COUNCIL OF THE CITY OF FAIRFAX HEREBY ORDAINS: Section 1. It is hereby found, determined, and declared (a) The sanitary sewerage system of the City should be extended and improved by constructing extensions and replace- ments of trunk main sanitary sewers located within and partly within and partly without the City. (b) Such extension and improvement cannot be accomplished from current revenues. (c) For the purpose of providing funds to pay the cost of such extension and improvement, the City of Fairfax should contract a debt, borrow money and issue bonds in the aggregate principal amount of $1,500,000, said bonds to bear interest from their date until their payment at the rate of eight per centum (8%) per annum, unless the Council should be able to sell the bonds at a rate or rates lower than eight per centum (8%) per annum, in which case it is the intention of the Council to sell such bonds at such lower rate or rates, and to mature at such time or times within any period not exceeding thirty years from their date. (d) The sanitary sewerage system is an undertaking from which the City may derive revenue and said bonds are to be issued under the provisions of Section 127(b) of the Constitu- tion of Virginia and are not to be included within the otherwise authorized indebtedness of the City. Section 2. Following the second reading and final adoption of this ordinance, the City Clerk shall forthwith certify a copy hereof to the Circuit Court of'Fairfax County, Virginia, or to the judge thereof, in vacation, and it is hereby requested that the Circuit Court order a special election of the qualified voters of the City upon the question of contracting a debt, borrowing money and issuing bonds of the City of Fairfax, Virginia, in the aggregate principal amount of $1,500,000 for the purpose of providing funds to pay the cost of extending and improv- ing the sanitary sewerage system of the City by constructing extensions and replacements of trunk main sanitary sewers located within and partly within and partly without the City. Section 3. The Council will fix, charge and collect rates, fees and other charges for the use of, and for the services and facilities furnished by, the sanitary sewerage system. Section 4. From and after five years from the date of such election, whenever and for so long as the sanitary sewerage system fails to produce sufficient revenue to pay for the cost of operation and ad- ministration of said system (including the interest on ali bonds issued therefor), the cost of insurance against loss by injury to persons or · , ~, 1970-25 property and an annual amount sufficient to pay at or before maturity the principal of all bonds issued on account of said system, all such bonds'then outstanding shall be included in determining the limitation on the power of the City to incur indebtedness pursuant to the pro- visions of Section 127 of the Constitution of Virginia. Section 5. The City Clerk shall cause this ordinance to be published in the Virginia Sentinel, a newspaper of general circulation in the City of Fairfax, promptly following its introduction, together with a notice containing the date, time and place for a public hearing which shall be not less than three days after such introduction. The Clerk of the City Council shall note the date of introduction and first reading, the date of publication, the date of public hearing, and the date of the second reading and final adoption in the minutes of the meet- ing. As provided by Section 8.4 of the Charter of the City of Fairfax, this ordinance, insofar as it authorizes the issuance of the bonds de- scribed herein, shall take effect immediately upon its approval in an election of the qualified voters of the City of Fairfax. Adopted by the Council Approved October 27 .., 1970. October 27 , 1970. ,~/- Mayor Attest: Ctty 'Clerk The above ordinance is hereby certified to and approved by me as to legality and correctness of form this 27th day of 0ctobeF , 1970. City Attorney -2 -