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19760601 1976-16ORDINANCE NO. 1976- 16 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF THE $6,000,000 GENERAL OBLIGATION BONDS OF THE CITY OF FAIRFAX AUTHORIZED BY ORDINANCE NO. 1975-54, ADOPTED BY THE CITY COUNCIL ON NOVEMBER 4, 1975 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 JANUARY 27, 1976 AND ADDITIONALLY PLEDGING THE REVENUES OF THE CITY'S WATER SYSTEM, SUBJECT TO PRIOR PLEDGES ON ACCOUNT OF THREE OUTSTANDING SERIES OF WATER REVENUE BONDS OF THE CITY, FOR THE PAYMENT OF THE PRINCIPAL OF AND THE INTEREST ON SUCH GENERAL OBLIGATION BONDS. WHEREAS, the City Council of the City of Fairfax on November 4, 1975 duly adopted Ordinance No. 1975-54 authorizing the issuance of $6,000,000 General Obligation Bonds of the City for the purpose of pro- viding 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, constructing 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 facili- ties appurtenant thereto located within and partly within and partly without the City; and WHEREAS, at an election duly called and held on January 27, 1976, 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 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 con- structing an addition to the Water Treatment Plant including raw water intake structure and pumping station and storage and pumping faciliites, constructing 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 appur- tenant thereto located within and partly within and partly without the City, all pursuant to the provisions of Ordinance No. 1975-54, adopted by the Council of the City of Fairfax; 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 proceed to carry out the wishes of the voters as expressed at said election and to contract a debt, borrow money and issue bonds of the City of Fairfax, Virginia, in the aggregate princi- pal 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 ad- dition to the Water Treatment Plant including raw water intake struc- ture and pumping station and storage and pumping facilities, con- structing 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 appur- tenant thereto located within and partly within and partly without the City, all pursuant to the provisions of Ordinance No. 1975-54, adopted by the Council of the City of Fairfax; and WHEREAS, the water system is an undertaking from which the City will derive revenue and said bonds are to be issued under the pro- visions of Article VII, Section 10(a) (2) of the Constitution of Vir- ginia and are not to be included within the otherwise authorized in- debtedness of the City; now, therefore, 1976-16 THE COUNCIL OF THE CITY OF FAIRFAX HEREBY ORDAINS: -2 Section 1. 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 struc- ture 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 without the City, there shall be issued the negotiable coupon bonds of the City of Fairfax, Virginia, in the aggregate principal amount of $6,000,000. Said bonds shall consist of 1,200 bonds of the denomination of $5,000 each, num- bered 1 to 1,200, inclusive, shall be designated "General Obligation Bonds (Junior Lien Revenue-General Obligation Bonds) Series 1976", shall be dated as of the 1st day ~f Ju!y~1976~ shall be~stated to mature (subject to right of prior redemption), in the amount of $480,000 on July 1, 1996 and in the amount of $5,520,000 on July 1, 2006. The bonds due July 1, 1996 are subject to mandatory sinking fund redemption by lot beginning July 1, 1977 upon payment of the prin- cipal amount and accrued interest to the date of redemption as follows: Sinking Fund Sinking Fund Year Redemption Year Redemption 1977 $15,000 1986 $25,000 1978 15,000 1987 25,000 1979 15,000 1988 25,000 1980 15,000 1989 30,000 1981 10,000 1990 30,000 1982 10,000 1991 30,000 1983 15,000 1992 35,000 1984 20,000 1993 35,000 1985 25,000 1994 35,000 1995 35,000 1996 35,000 The bonds due July 1, 2006 are subject to mandatory sinking fund redemption by lot beginning July 1, 1997 upon payment of the principal amount and accrued interest to the date of redemption as follows: Sinking Fund Sinking Fund Year Redemption Year Redemption 1997 $120,000 2002 $610,000 1998 450,000 2003 660,000 1999 485,000 2004 710,000 2000 525,000 2005 770,000 2001 565,000 2006 625,000 The bonds 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 January and July 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 ~tional 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, Said bonds may be made redeemable at such times and prices and under such conditions as the City Council shall determine by resolu- tion adopted prior to the sale of said bonds. - 2 - 1976-16 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 corporate seal of the City shall be impressed on said bonds and attested by the City Clerk. The interest coupons to be at- tached 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 General Obligation Bond (Junior Lien Revenue-General Obligation Bond) Series 1976 The City of Fairfax, Virginia, is justly indebted and for value received hereby promises to pay to the bearer or, if this bond be registered, to the registered owner hereof, on the 1st day of July, 19.~, upon the presentation 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 January and July in each year upon the presentation and surrender of the coupons representing such interest as the same respectively become due. Both the principal of and the in- terest on this bond are 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 pay- ment 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 cost of improving the water system of the City by constructing an additi0n to the Water Treatment Plant including raw water intake structure and pumping station and storage and pumping facilities, constructing 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 without the City, and the full faith and credit of said City are hereby irrevocably pledged for their payment. This bond is one of a series issued under the authority of and in full compliance with the Constitution and laws of Virginia, and pur- suant 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 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 - 3 - 1976-16 the Charter of the City of Fairfax, to happen, exist and be performed precedent to and in the issuance 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 addition the City has covenanted to charge and collect such rates and charges for services rendered by the City's water system so that the revenues of said water system will be sufficient at all times to provide for the payment of the operation and maintenance expenses of said water system, to pay the interest on and the principal of three outstanding series of Water Revenue Bonds of the City and to maintain reserves therefor and to pay 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 July, 1976. Mayor of the City of Fairfax, Virginia (Seal) Attest: ~ity Treasurer of the City of Fairfax, Virginia ~ity 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 before. 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. .... 1976-16 Date of Registration Name of Registered Owner Signature of Bond Registrar (Form of Coupons) No. On 1, 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 ~'hase Manhattan Bank (National Association) , 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 private debts, as provided in and for the semi-annual interest then due upon its General Obligation Bond (Junior Lien Revenue-General Obligation Bond) Series 1976, dated July 1, 1976, No. . Mayor of the City of Fairfax, Virginia Seqtion 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. 1975-54, adopted on November 4 , 1975, and provided to be issued hereby as the same shall ~ecome 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. The City hereby covenants to charge and collect such rates and charges for services rendered by the City's water system so that the revenues of said water system will be sufficient at all times to provide for the payment of the operation and maintenance ex- penses of said water system, to pay the interest on and the principal of the outstanding Water Revenue Bonds, dated June 1, 1956, Water Revenue Bonds, Series 1965, dated June 1, 1965 and Water Revenue Bonds, Series 1970, dated December 1, 1970 (the "Outstanding Bonds") and to maintain reserves therefor as required by the ordinances authorizing the issuance of said three series of Water Revenue Bonds and to pay the principal of and the interest on the bonds provided to be issued herein. Section 6. The City further covenants that when all specified and required monthly transfers and payments into the special funds established by the ordinances authorizing the Outstanding Bonds have been made and there is a balance in the Revenue Fund for the Outstanding Bonds in excess of the estimated amounts required to be transferred and paid into said special funds in the succeeding month such excess shall - 5 - 1976-16 be transferred to the Water Bond Fund hereby created for application solely to the payment of the principal of and the interest on the bonds provided to be issued herein; provided, however, that if on any June 1 or December 1 the amount on deposit in the special funds established by the ordinances authorizing the Outstanding Bonds are insufficient to pay the principal or interest then due on the Outstanding Bonds the City will transfer from the Water Bond Fund to said special funds such amount as may be required to make up such insufficiency. The City re- serves the right to issue additional water revenue bonds on a parity with the Outstanding Bonds under the terms and conditions set forth in the ordinances authorizing the issuance of the Outstanding Bonds. Section 7. 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 8. The City Clerk shall cause this ordinance to be published in The Fairfax Globe , 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 read- ing, 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: May 25, 1976 Adopted: June 1, 1976 Attest: C i tYrOl eYk. I approve the foregoing bond ordinance. - 6 -