19771206 r-77-16RESOLUTION No. R-77-16
RESOLUTION TO REQUEST THE GENERAL ASSEMBLY TO
ENACT CERTAIN AMENDMENTS TO THE CHARTER OF THE
CITY OF FAIRFAX, VIRGINIA, AMENDING SECTIONS
2.7 and 8.6.
WHEREAS, the Council of the City of Fairfax, Virginia,
desires to amend the Charter of the City of Fairfax, Virginia,
an certain respects; and,
WHEREAS, pursuant to section 15.1-835 of the 1950 Code of
Virginia, as amended, the City held a public hearing on December
6, 1977, after advertisement of the time and place of said hearing
and an informative summary of the amendments to be considered
more than ten days prior to said hearing in a newspaper of general
circulation in the City of Fairfax, Virginia; and,
WHEREAS, at said hearing citizens were given an opportunity
to be heard on whether the amendments to be considered should be
submitted to the General Assembly; and,
WHEREAS, it is the determination of the Council of the City
of Fairfax, Virginia, that the citizens thereof desire that the
City request the General Assembly to amend its existing Charter.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Fairfax, Virginia, that the City does hereby request the General
Assembly to enact certain amendments to the Charter of the City
of Fairfax, Virginia, amending sections 2.7 and 8.6, copies
of said amendments being attached hereto and made a part hereof.
The City Manager is directed to submit a copy of this resolution
to the General Assembly in sufficient time to be considered durinc
the 1978 session thereof.
Adopted this 6th day of December, 1977.
ATTEST:
City Clerk ~ /
R-77-16
PROPOSED. AMENDMENT TO SECTION 2.7
OF THE.CITY CHARTER OF THE CITY
OF FAIRFAX, VIRGINIA
Amend section 2.7 by deleting same in its entirety and
substituting in its place and stead the following:
"Sec. 2.7.
Eminent domain.
The powers,of eminent domain set forth in Title 15.1,
Title 25, Chapter 1.1 and Title 33.1, Chapter 1 of the
1950 Code of Virginia, as amended, and all acts am'endatory
thereof and supplemental thereto, mutatis mutandis, are
hereby conferred upon the City of Fairfax,
(a) In any case in which a petition for condemnation
is filed by or on behalf of the city, a true copy of a
resolution or ordinance duly adopted by the city council
declaring the necessity for any taking or damaging of any
property, within or without the city, for the public
purposes of the city, shall be filed with the petition
and shall constitute sufficient evidence of the necessity
of the exercise of the powers of eminent domain by 'the
City. The city may employ'the procedures conferred by the
foregoing laws, mutatis mutandis, and may, in addition
thereto, proceed as hereinafter provided.
(b) Certificates issued pursuant to sections 33.1-119
to 33.1~129, inclusive, Code of Virginia, 1950, as amended,
and adts amendatory thereof and supplemental thereto, may
be issued by the city council, signed by the Mayor and
countersigned by the city treasurer. Such certificate
shall have the same effect as certificates issued by the
state highway commissioner, under the aforesaid la~s, and
may be issued in any case in which the city proposes to
acquire property of any kind by the exercise of its powers
of eminent domain for any lawful public purpose, whether
within or without the city; provided, however, that th~'
provisions of section 33.1-119, Code of Virginia, 1950, as
amended shall not be used for-the acquisition of lands,
easements or related interests in property located outside
of the city, except for the acquisition of said interests
necessary for streets, water, sewer or utility pipes or
lines or related facilities.
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(c) In addition to the powers conferred by the aforesaid
laws, such certificates may be amended or cancelled by the
court having jurisdiction of the proceedings, upon petition
of the city, at any time after the filing thereof; provided,
that the court shall have jurisdiction to make such order
for the payment of costs and damages, if any, or the refund
of any excessive sums theretofore paid pursuant to such
certificate as shall, upon due notice and hearing, appear
just. The court shall have jurisdiction to require refunding
bonds, for good cause shown by the city or any other person
or party in interest, prior to authorizing any distribution
of funds pursuant to any certificate issued or deposit made
by the city."
- R-77-16
PROPOSED AMENDMENT TO SECTION 8.6
OF THE CI~TY CHARTER OF THE CITY OF
FAIRFAX, VIRGINIA
Amend secion 8.6 to read in its entirety as follows:
All bonds issued under this Charter shall be sold
either at publ, ic or private sale. Ail bonds sold at public
sale shall be,sold upon sealed proposals after at least ten
days' notice published at least once in a publication car-
rying municipal bond notices and devoted primarily to finan-
cial news or to the subject of state and municipal bonds,
published or circulating in the City of New York, New York,
and at least ten days' notice published at least once in a
newspaper of general.circulation in the City of Fairfax.
Ail bonds sold at private sale shall be sold upon such terms
as shall be approved by the council by resolution; provided,
that the rate' or rates of interest shall not exceed eight
per centum per annum.
In the event bonds issued under this Charter are
sold at public sale the council may waive all technicalities
exist'lng in sealed proposals and accept the low bid or the
council may reiect all bids and negotiate the sale of such.
bonds at a private sale; provided that the rate or rates
of interest shall not exceed eight per cen. tum per annum and
provided, further that such rate'or rates shall not ex.ceed
the best bid received at such public sale.