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Section 1. (a) Pursuant to Article VII, Section 10 (a) (2) of <br />the Constitution of Virginia, 1971, and Chapter 5 of Title 15.1 of <br />the Code of Virginia, 1950, in order to make certain capital <br />improvements, extensions and additions to the water and sewage <br />system, which constitutes a revenue producing undertaking of the <br />City, it is expedient that the City of Portsmouth shall borrow the <br />sum of Seventeen Million, Six Hundred Fifteen Thousand Dollars <br />($17,615,000), and there shall be issued in the name of and on behalf <br />of the City of Portsmouth, Virginia, Seventeen Million, Six Hundred <br />Fifteen Thousand Dollars ($17,615,000) of Public Utility Bonds, and <br />the proceeds arising from the sale of said Bonds, or any of them, <br />shall be applied to the payment of the costs of such improvements, <br />extensions and additions and to no other purpose. <br /> <br /> (b) As determined by resolution of the <br />Council, or determined by the Director of Finance of the City which <br />determination shall be approved or ratified by resolution of the <br />Council adopted prior to or at the time of sale of the particular <br />Bonds: the Bonds may be sold in their entirety at one time, or in <br />part from time to time, at any time and the Bonds of each issue shall <br />be in such form, be of such denominations, be payable at such time or <br />times not exceeding forty (40) years from their date, bear interest <br />at a maximum rate of interest not exceeding the maximum note <br />authorized by law at the time of the sale of such Bonds, be sold in <br />such manner and have such other details as are deemed necessary or <br />advisable. The City may sell all or part of the Bonds alone or <br />contemporaneously with any other general obligation bonds or with any <br />general obligation bond anticipation notes of the City. <br /> <br /> (c) The principal and interest of said Bonds <br />shall be payable from ad valorem taxes without limitation of rate or <br />amount, if the revenues of the water and sewage system undertaking <br />are insufficient for that purpose. Said Bonds are to be issued <br />pursuant to Article VII, Section 10 (a) (2) of the Constitution of <br />Virginia, 1971, and are not to be included in determining the power <br />of the City to incur indebtedness within the limitation prescribed by <br />Article VII, Section 10 (a) of the Constitution of Virginia, 1971, <br />but from and after five years from the date of the election on the <br />question of the issuance of said Bonds, whenever and for so long as <br />such revenue producing undertaking fails to produce sufficient <br />revenue to pay for cost of operation and administration Iincluding <br />interest on Bonds issued therefor) and the cost of insurance against <br />loss by injury to persons or property and an annual amount to be <br />placed into a sinking fund sufficient to pay, at or before maturity, <br />all Bonds issued on account of said undertaking, all such Bonds <br />outstanding shall be included in determining the limitation of the <br />power of the City to incur indebtedness. <br /> <br /> <br />