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19720925 1972-19 ORDINANCE NO. 1972- 19 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $2,600,000 GENERAL OBLIGATION BONDS OF THE CITY OF FAIRFAX, AUTHOR- IZED BY ORDINANCE NO. 1968-1~., ADOPTED BY THE CITY COUNCIL ON OCTOBER i, ]968, AND APPROVED BY A MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING ON THE QUES- TION OF ISSUING SAID BOND5 AT AN ELECTION HELD ON NOVEM- BER 5, ]968. WHEREAS, the City Council of the City of Fairfax on October 1, 1968, duly adopted Ordinance No. ]968-12 authorizing the issuance of general obliga- tion bonds of the City of Fairfax, Virginia, in an aggregate principal amount not exceeding $2,600,000 for the purpose of providing funds to pay the capital costs allocable to the City of Fairfax in the construction and acquisition of transit facilities in the Washington metropolitan area by the Washington Metro- po]itan Area Transit Authority pursuant to the provisions of the Washington Metropolitan Area Transit Authority Compact; and WHEREAS, at an election duly called and held on November 5, 1968, a majority of the qualified voters of the City of Fairfax, Virginia, voting on the question approved contracting a debt, borrowing money and issuing general obligation bonds of the City of Fairfax, Virginia, in an aggregate principal amount not exceeding $2,600,000 for the purpose of providing funds to pay the capital costs allocable to the City of Fairfax in the construction and acquisi- tion of transit facilities in the Washington metropolitan area by the Washington Metropolitan Area Transit Authority pursuant to the provisions of the Washington Metropolitan Area Transit Authority Compact, all pursuant to the provisions of Ordinance No. 1968-12, adopted by the City Council on October l, 1968; and WHEREAS, the Circuit Court of Fairfax County, Virginia, has duly entered its Final Order authorizing the City Council of the City of Fairfax, Virginia, to rpoceed to carry out the wishes of the voter5 as expressed at said election and to contract a debt, borrow money and issue general obliga- tion bonds of the City of Fairfax, Virginia, in an aggregate principal amount not exceeding $2,600,000 for the purpose of providing funds to pay the capital costs allocable to the City of Fairfax in the construction and acquisition of transit facilities in the Washington metropolitan area by the Washington Metro- po]itan Area Transit Authority pursuant to the provisions of the Washington Metropolitan Area Transit Authority Compact, all pursuant to the provisions of Ordinance No. ]968-12., adopted by the City Council on October ], ]968; and WHEREAS, the City Council now deems it advisable to provide for the issuance of said $2,600,000 bonds at this time; now, therefore, THE COUNCIL OF THE CITY OF FAIRFAX HEREBY ORDAINS: Section 1. For the purpose of providing funds to pay the capita] cost5 allocable to the City of Fairfax in the construction and acquisition of transit facilities in the Washington metropolitan area by the Washington Metro- politan Area Transit Authority pursuant to the provisions of the Washington Metropolitan Area Transit Authority Compact, there shall be issued the negotiable coupon bonds of the City of Fairfax, Virginia, in the aggregate principal amount of $2,600,000. Said bonds shall consist of 520 bonds of the denomination of $5,000 each, numbered ] to 520, inclusive, shall be designated 'Transit Bonds," shall be dated as of the 1st day of October, ]972, shall be stated to mature (without right of prior redemption), in numerical order, lowest numbers first, on the ]st day of October in the following years and in the following amounts, respectively: Year'of Principal Year of Principal Maturity Amount Maturity Amount 1973 $125,000 1983 $100,000 1974 125,000 1984 150,000 1975 125~000 1985 150,000 ]976 ]25,000 ]986 ]50,000 1977 125,000 1987 150,000 ]978 ]25,000 1988 ]50,000 continued next page 1972-19 Year of Principal Year of Principal Maturi%y Amount Maturity Amount 1979 $100,000 1989 $150,000 1980 i00,000 1990 150,000 1981 100,000 1991 150,000 1982 100,000 1992 150,000 and shall bear interest until their payment at a rate or rates not exceeding eight per centum (8%) per annum as shall hereafter be determined by the City Council by resolution, such interest to the respective maturities of the bonds being payable semi-annually on the 1st days of April and October in each year. Both the principal of and the interest on said bonds shall be payable at the National Bank of Fairfax, in the City of Fairfax, Virginia, or at the Chase Manhattan Bank (National Association), in the Borough of Manhattan, City and State of New York, at the option of the holder or registered owner, in any coin or currency of the United States of America which on the respective dates of payment thereof is legal tender for the payment of public and private debts. Section 2. Said bonds shall be executed with the facsimile signature of the Mayor of the City and shall be signed by the City Treasurer and the cor- porate seal of the City shall be impressed on said bonds and attested by the City Clerk. The interest coupons to be attahced thereto shall be executed with the facsimile signature of said Mayor. Said bonds and coupons and the provisions for registration to be endorsed on the bonds shall be, respectively, substantially in the following forms: No. $5,000 United States of America Commonwealth of Virginia CITY OF FAIRFAX Transit Bond The City of Fairfax, Virginia, is justly indebted and for value re- ceived hereby promises to pay to the bearer or, if this bond be registered, to the registered owner hereof, on the 1st day of October, 19 , upon the presen- tation and surrender hereof, the principal sum of FIVE THOUSAND DOLLARS and to pay interest thereon from the date hereof at the rate of per centum ( %) per annum until payment of said principal sum, such interest to the maturity hereof being payable semi-annually on the 1st days of April and October in each year upon the presentation and surrender of the coupons representing such interest as the same respectively become due. Both the prin- cipal of and the interest on this bond are payable at the National Bank of Fairfax, in the City of Fairfax, Virginia, or at the Chase Manhattan Bank (National Associ- ation), in the Borough of Manhattan, City and State of New York, at the option of the holder or registered owner, in any coin or currency of the United States of America which on the respective dates of payment thereof is legal tender for the payment of public and private debts. This bond and the bonds of the series of which it is one are issued for the purpose of providing funds to pay the capital costs allocable to the City of Fairfax in the construction and acquisition of transit facilities in the Washington metropolitan area by the Washington Metropolitan Area Transit Authority pursuant to the provisions of the Washington Metropolitan Area Transit Authority Compact, and the full faith and credit of said City are hereby irrevocably pledged for their payment. This bond is one of an issue issued under the authority of and in full compliance with the Constitution and laws of Virginia, and pursuant to the vote of a majority of the qualified voters of the City of Fairfax, Virginia, voting at an election duly called and held under the provisions of the City Charter and the Code of Virginia, 1950, as amended, and under an order of the Circuit Court -2 - 1972-19 of Fairfax County, Virginia, authorizing the City Council of said City to carry out the wishes of the voters as expressed at said election, and pursuant to ordinances and a resolution duly adopted by the City Council. This bond may be registered as to principal alone in accordance with the provisions endorsed hereon. It is hereby certified and recited that all acts, conditions and things required by the Constitution and laws of Virginia, including the Charter of the City of Fairfax, to happen, exist and be performed precedent to and in the is- suance of this bond have happened, exist and have been performed in due time, form and manner as so required, that the total indebtedness of the City of Fairfax, Virginia, including this bond, does not exceed any constitutional or statutory limitation thereon, and that provision has been made for the levy of ad valorem taxes on all taxable property in said City without limitation as to rate or amount to the full extent necessary to provide for the payment of the principal of and the interest on this bond as the same shall become due. IN WITNESS WHEREOF, the City Council of the City of Fairfax, Virginia, has caused this bond to be issued in the name of the City of Fairfax, Virginia, and has caused this bond to be executed with the facsimile signature of the Mayor of the City and to be signed by the City Treasurer and the corporate seal of the City to be impressed hereon and attested by the City Clerk, and the interest coupons attached hereto to be executed with the facsimile signature of said Mayor, all as of the 1st day of October, 1972. Mayor of the City of Fairfax, Virginia (Sea 1 ) Attest: City Treasurer of the City of Fairfax, Virginia City Clerk of the City of Fairfax, Virginia (Endorsement upon Bonds) PROVISIONS FOR REGISTRATION This bond may be registered as to principal alone on books kept by the City Treasurer of the City of Fairfax, Virginia, as Bond Registrar, or by such other Bond Registrar as may be legally appointed by the City Council of the City of Fairfax, upon presentation hereof to such Bond Registrar who shall make notation of such registration in the registration blank below, and this bond may thereafter be transferred only upon an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar, such transfer to be made on such books and endorsed hereon by the Bond Registrar. Such transfer may be to bearer and thereby transferability by delivery shall be restored, but this bond shall again be subject to successive registrations and transfers as be- fore. The principal of this bond, if registered, unless registered to bearer, shall be payable only to or upon the order of the registered owner or his legal representative. Notwithstanding the registration of this bond as to principal alone, the coupons shall remain payable to bearer and shall continue to be transferable by delivery. -3 - 1972-19 Date of Re.cI i strat i on Name of _Re.cIi stered Owner Signature of Bond Reqistrar (Form of Coupons) No. On l, 19 ..., the City of Fairfax, Virginia, will pay to bearer at the National Bank of Fairfax, in the City of Fairfax, Virginia, or at the Chase Manhattan Bank (National Assoc- iation), in the Borough of Manhattan, City and State of New York, at the option of the bearer, upon the presentation and surrender hereof, the sum of Dollars in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and pri- vate debts, as provided in and for the semi-annual interest then due upon its Transit Bond, dated October 1, 1972, No. · Mayor of the City of Fairfax, Virginia Section 3. Said bonds shall be subject to registration as to principal alone in accordance with the provisions for registration set forth in the bonds, and the City Treasurer of the City of Fairfax, Virginia, is hereby appointed and designated Bond Registrar for the purpose of registering said bonds. No charge shall be made to any bondholder for the privilege of registration and transfer herein granted. Section 4. For the prompt payment of the principal of and the interest on the bonds authorized by Ordinance No. 1968-12, adopted on October I, 1968, and provided to be issued hereby as the same shall become due, the full faith and credit of the City of Fairfax, Virginia, are hereby irrevocably pledged, 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 to provide for the payment of the principal of and the interest on said bonds as such principal and interest shall become due. Section 5. Following the second reading and final adoption of this ordinance, the City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Circuit Court of Fairfax County, Virginia. Section 6. 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 con- taining 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 meeting. Introduced: September 19, 1972 Adopted: September 25, 1972 Attest: . - ~City ~le~k I approve the for.~?~q~i~__ng bond ordinance: ,,.] Mayor -4 - 1972-19 I, Dorothy L. Wilkinson, City Clerk of the City of Fair- fax, Virginia, and Clerk of the Council of said City, DO HEREBY CERTIFY that the foregoing is a true copy of an ordinance No. 1972-19 entitled, "AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $2,600,000 GENERAL OBLIGATION BONDS OF THE CITY OF FAIRFAX, AUTHORIZED BY ORDI- NANCE NO. 1968-12, ADOPTED BY THE CITY COUNCIL ON OCTOBER 1, 1968, AND APPROVED BY A MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING ON THE QUESTION OF ISSUING SAID BONDS AT AN ELECTION HELD ON NOVEM- BER 5, 1968.", as passed and approved at the meeting of the Council of said City held September 25, 1972, the title of which ordinance is set forth in full in said minutes which are recorded in the books of the City kept for that purpose. WITNESS my hand and the corporate seal of said City this day of October, 1972. (SEAL) Clerk o~ ~h~ Council of the City of'Fairfax, Virginia