Loading...
19850625 1985-17REVISED ORDINANCE ORDINANCE NO. ._1985-17 "AN ORDINANCE AUTHORIZING THE ISSUANCE OF $4,300,000 GENERAL OBLIGATION BONDS OF THE CITY OF FAIRFAX, VIRGINIA, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COST OF IMPROVING THE WATER SYSTEM OF THE CITY, SUBJECT TO THE APPROVAL OF THE QUALIFIED VOTERS." that: THE COUNCIL OF THE CITY OF FAIRFA× HEREBY ORDAINS: Section 1. It is hereby found, determined and declared (a) The water system of the City should be improved by constructing a new underground clearwell storage tank and pump station at the Water Treatment Plant and constructing new trans- mission and water mains, together with the acquisition of land and equipment necessary or desirable in connection therewith and facilities appurtenant thereto, located totally without the City. (b) Such enlargement, extension and improvement cannot be accomplished from current revenues. (c) For the purpose of providing funds to pay the cost of such improvement, the City of Fairfax should contract a debt, borrow money and issue general obligation bonds in the aggregate principal amount of $4,300,000, said bonds to bear interest from their date until their payment at the rate of Twelve per centum (12%) per annum, unless the council should be able to sell the bond~ at a rate or rates lower than Twelve per centum (12%), 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 water system is an undertaking from which the City may derive revenue and said bonds are to be issued under the provisions of Article VII, Section 10(a) (2) of the Constitution of Virginia and are not to be included within the otherwise authorized indebtedness of the City. (e) The full faith and credit of the City of Fairfax is hereby pledged for the payment of the principal of and inter- est on such general obligation bonds and the City shall be unconditionally and irrevocably obligated to levy ad valorem taxes on all taxable property in said City without limitation as to rate or amount to the full extent necessary for the payment of such principal and interest of such general obligation bonds. Section 2. 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 that at a special election to be held at the time of the general election to be held November 5, 1985, the qualified voters of the City vote upon the approval of this ordinance and the question of contracting a debt, borrowing money and issuing general obligation bonds of the City of Fairfax, Virginia, in the aggregate principal amount of $4,300,000 for the purpose of providing funds to pay the cost of improving the water system of the City by construction of a new underground clearwell storage tank and pump station at the Water Treatment Plant and constructing new transmission and water mains, together with the acquisition of land and equipment necessary or desirable in connection therewith and facilities appurtenant thereto, located totally 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 water system. Section 4. From and after five years from the date of such election, whenever and for so long as the water system fails 1985-17 -2- to produce sufficient revenue to pay for the cost of operation and administration of said system (including the interest on all bonds issued therefor), the cost of insurance against loss by injury to persons or 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 provisions of Article VII, Section 10(a) (2) of the Constitution of Virginia. Section 5. The City Clerk shall cause this ordinance to be published in The Northern Virginia Sun, 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 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 notice of the public hearing hereon, the date of public hearing, and the date of the second reading and final adoption in the minutes of the meeting. 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 described herein, shall take effect immediately upon its approval in the special election of the qualified voters of the City of Fairfax, to be held at the time of the generalelection to be held November 5, 1985. Introduced: June 11, 1985 Attest: Adopted: June 25, 1985 ty~lerk VOTE: Ronald E. Escherich Allen C. Griffith Robert W. Lederer, Jr. Gene P. Moore Patrick A. Rodio Glenn L. White ave _ a_ve aye aye aye . 1985-17 -3- I, Jackie Henderson, Clerk of the City of Fairfax, Virginia, and Clerk of the Council of said City, DO HEREBY CERTIFY that the foregoing is a true and complete copy of Ordinance No. 1955-17 , entitled, "AN ORDINANCE AUTHORIZING THE ISSUANCE OF $4,300,000.00 GENERAL OBLIGATION BONDS OF THE CITY OF FAIRFAX, VIRGINIA, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COST OF IMPROVING THE WATER SYSTEM OF THE CITY, SUBJECT TO THE APPROVAL OF THE QUALIFIED VOTERS" which was duly adopted by the Council of said City in regular session on June 25, 1985 , and that said ordinance is recorded in the books of the City kept for such purpose. WITNESS my hand and the corporate seal of said City this 25thday of June , 1985. (SEAL) rk0of the Council os ity of Fairfax, Virginia C4