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19751104 1975-54ORDINANCE NO. 1975-54 "AN ORDINANCE AUTHORIZING THE ISSUANCE OF $6,000,000 GENERAL OBLIGATION BONDS (JUNIOR LIEN REVENUE - GENERAL OBLIGATION BONDS) OF THE CITY OF FAIRFAX, VIRGINIA, FOR THE PUR- POSE OF PROVIDING FUNDS TO PAY THE COST OF IMPROVING THE WATER SYSTEM OF THE CITY BY CONSTRUCTING AN ADDITION TO THE WATER TREAT- MENT PLANT INCLUDING ~AW WATER INTAKE STRUCTURE AND PUMPING STATION AND STORAGE AND PUMPING FACILITIES, CONSTRUCTING BOOSTER PUMPING STA- TIONS, TRANSMISSION AND WATER MAINS AND STORAGE FACILITIES TOGETHER WITH THE ACQUISITION OF LAND AND EQUIPMENT NECESSARY OR DESIRABLE IN CONNEC- TION THEREWITH AND FACILITIES APPURTENANT THERETO LOCATED WITHIN AND PARTLY WITHIN AND PARTLY WITHOUT THE CITY." THE COUNCIL OF THE CITY OF FAIRFAX HEREBY ORDAINS: that: Section 1. It is hereby found, determined and declared (a) The water system of the City should be improved by constructing an addition to the Water Treatment Plant including raw water intake structure and pumping station and storage and pumping facilities, constructing booster pumping stations, trans- mission and water mains and storage facilities together with the acquisition of land and equipment necessary or desirable in con- nection therewith and facilities appurtenant thereto located within and partly within and partly 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 $6,000,000, 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 forty 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 Consti- tution of Virginia and are not to be included within the other- wise 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 interest on such general obligation bonds and the City shall be unCondi- tionally 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 on such general obligation bonds. 1975-54 -2 Section 2. Following the second reading and final adoption of this ordinance, the City Clerk shall forthwith cer- tify a copy hereof to the Circuit Court of Fairfax County, Vir- ginia, 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 general obligation bonds of the City of Fairfax, Virginia, in the aggregate principal amount of $6,000,000 for the purpose of providing funds to pay the cost of improving the water system of the City by constructing an addition to the Water Treatment Plant including raw water intake structure and pumping station and storage and pumping facilities, construc- ting booster pumping stations, transmission and water mains and storage facilities together with the acquisition of land and equipment necessary or desirable in connection therewith and facilities appurtenant thereto located within and partly within and partly wi'thout the City. Section 3. The Council will fix, charge and collect rates, fees and other charges for the use of, and for the ser- vices 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 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 Fairfax Globe, a newspaper of general circu- lation in the City of Fairfax, promptly following its introduc- tion, 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 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 a special election of the qualified voters of the City of Fairfax. Introduced: October 20, 1975 Adopted: November 4, 1975 Attest: