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19661004 1996-10ORDINANCE NO. 1~966-10 AN ORDINANCE declaring the expediency of bor- rowing money by the City of Fairfax, Virginia, and the issuance of revenue bonds in evidence thereof for the purpose of extending and im- proving the municipal water system of said City. WEEREAS, the City of Fairfax is a duly incorporated and existing municipal corporation of the Commonwealth of Virginia operating under the provisions of a Charter granted by the General Assembly of Virgin%a, being Chapter 319 of the Acts of the Assembly of 1966; and WHEREAS, said City of Fairfax presently owns and oper- ates the water system supplying water for public, commercial and domestic purposes in and to said City and its inhabitants, and in that connection said City presently has outstanding: $4,350,000 principal amount of ~-3/~% - 3-7/8% Water ReVenue Bonds dated June l, 1956 pursuant to an ordinance adopted September 3, 1958, matur- ing serially on June I of each of the years 1967 to 1991, inclusive, and which by their terms are payable only from the net revenues to be derived from the operation of said municipal water system; and $950,000 principal amount of 3-3/4% ~ater Revenue Bonds, Series 1965, dated June l, 1965 pursuant to an ordinance adopted June 8, 1965, maturing serially on June I of each of the years 1990 to 1994, inclusive, and which by their terms are payable only from the net revenues to be derived from the operation of said municipal water system on a parit~ with said Water Revenue Bonds dated June l, 1956; and WHEREAS, the existing municipal water system of the City of Fairfax, Virginia, is Inadequate,'making it necessary that ex- tensions and improvements be constructed so as to assure said City and its inhabitants of an adequate supply of water for public, commercial and domestic purposes; and WHEREAS, a detailed report covering such extensions and improvements, which are generally described as consisting of an earthen dam across Beaver Dam creek and~-necessary ~%~tenances thereto, has been prepared by Aivord, Burdick & Howson, Engineers, of Chicago, Illinois~ and is n~ on file with the City Clerk~ and from which it appears that the cost thereof will necessitate the expenditure of $700,000 for which purpose it will be necessary to borrow funds and issue revenue bonds of said City~ the interest on and principal of which bonds are ~to be paid exclusively from the receipts and revenues of said municipal water system of said City; and WHEREAS, in and by said ordinances adopted September ~ 1958 and June 8~ 1965, the right and privilege were reserved by said City under conditions and restrictions therein set out of issuing additional bonds from time to time payable from the net revenues of said municipal water system and ranking on a parity with said Water Revenue Bonds dated June l, 1956 and Water Revenue Bonds~ Series 1965, dated June l, 1965, which conditions and restrictions are found to exist and prevail currently so as to permit the issuance of such additional bonds to the amount of $?00,000 as hereinafter provided and ranking on a parity with said presently outstanding Water Revenue Bonds dated June l, 1956 and Water Revenue Bonds, Series 1~65, dated June l, 1~65; and WHEREAS, said municipal water system of said City of Fair,ax is a specific undertaking from which the City presently derives a revenue and'will continue to derive a revenue so that under the provisions of Paragraph (b) of Section 127 of the Con- stitution of Virginia and Sections 15.1~170 et seq. of the Code of Virginia 1950, as amended, and Chapter 8 of the Charter of said City, said City is authorized to borrow money and issue revenue bonds for the purpose of paying the cost of such extensions and improvement s; NOW, THEREFORE~ Be It and It Is Hereby Ordained by the Council of the City of Fairfax~ Virginia, as .follows: -2- Section 1. That it is hereby declared to be expedient that the City of Fairfax, Virginia, borrow the sum of Seven Hundred Thousand Dollars ($700,000) for the purpose of constructing exten- sions and improvements to the municipal water system of said City, and that in evidence thereof there shall be issued Water Revenue Bonds, Series 1966, of said City in the principal amount of $700,000; to be dated December l, 1966; of the denomination of $5,000 each; to be numbered from i to 140, inclusive; bearing interest at the rate of six per cent (6%) per annum (or at such lesser rate or rates am may be determined and fixed by the Council as a result of competitive bidding and public sale of said bonds), which interest shall be payable semiannually on ~une I and December i of each year; and maturing serially and in numerical order on June I of the respective years aS follows: Year 1995 1996 Am ount $340,000 360,000 provided, however, all of said bonds shall be optional for redemp- tion prior to maturity in whole or from time to tiT~in part in the inverse order of their maturities (less than all of a single maturity to be selected by lot) at any time on or after June l, 1976, at the redemption pri'ces set forth below, together with the interest accrued thereon to the date fixed for redemption. ' If Redeemed Redemption Price - ( Percentage of Principal Amount) On or after June l, 1976, to and including June 1, 1981 'Thereafter to and including June l, 1986 Thereafter to and including June l, 1991 Thereafter to maturity 1O -lZ % lO3-lZ2% lO2-1/2% lOl% Section 2. That the money realized from the issuance and sale of said bonds shall be used for the purpose of paying the cost of constructing the extensions and improvements to the municipal water system of said City of Fairfax, Virginia, as hereinbefore -3- recited, and that said money be borro~ed and said revenue bonds be issued in evidence thereof under the provisions of Paragraph (b) of Section 127 of the Constitution of Virginia and Sections 15.1- l?O et seq. of the Code of Virginia 1950, as amended, and Chapter 8 of the Charter of said City; and said bonds are not to be included within the otherwise authorized indebtedness of said City, but are to be payable as to both princiPal and interest exclusively from the receipts and revenues derived from the municipal water system of said City, same.being the specific revenue undertaking for which said money is to be borrowed and said bonds are to'be issued. Section 5. That the revenue bonds for which provision is hereinbefore made shall not be issued unless and until the ques- tion of whether such bonds shall be issued is submitted to the qualified voters of said City and approved by the affirmative vote of a majority of such qualified voters voting upon the question at a special election to be called and held for that purpose. Section 4. That upon the adoption of this ordinance the City Clerk is hereby authorized and directed to present a cer- tified copy hereof to the Circuit Court of Fairfax County, Virginia, if in session, and if not, then to the Judge of said Circuit Court in vacation, and that same shall constitute a request and applica- tion for and on behalf of said City that the court or Judge by appropriate order and action provide for said special election on the proposition a~oresaid. Section 5. That all ordinances, resolutions or orders, insofar as Same may be~ in conflict herewith, are hereby repealed, · andthat this Ordinance become effective immediately upon its -4- adoption and approval by the Mayor. Adopted by the Council Approved October 4 October 4 ..... ; 1966 966. Mayor Attest: Cigy Clerk The abov~ ordinance is hereby certified to and approved by me as to legality and correctness of form this ~th day of October , 1966. City Attorney. -5- I, Dorothy L. Wilkinson, · do hereby certify that I am the duly qualified and acting City Clerk of the City of Fairfax~ Virginia· and that as such I have in my possession or have access to the complete corporate records of said City and of its Council and that I have carefully compared the transcript hereto attached with the aforesaid corporate records and that said transcript hereto attached is a true~ correct and complete copy of all the corporate records in relation to the adoption of an ordinance entitled: "AN ORDINANCE declaring the expediency of bor- rowing money by the City of Fairfax· Virginia· and the issuance of revenue bonds in evidence thereof for the purpose of extending and im- proving the municipal water system of said City." and a t~ue, correct and complete copy of said ordinance as adopted appears in the attached transcript. WITNESS my official signature and the corporate seal of said City at Fairfax, Virginia~ this 4th day of October 1966. COMMONWEALTH OF VIRGINIA COUNTY OF FAIRFAX City Clerk SS. Subscribed .and sworn to before me by said ~$/~"//~'~o~ .... this Z~/~ day of .67c/o/~¢~ · 1966. Notary ~ l~i ~ My Commls,ion Expires March 8, ~969