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March 9, 1982 <br /> <br /> WHEREAS, there are no funds in the Treasury of the City applicable to the payment of the <br />costs of such projects and, accordingly, it is necessary to authorize the issuance of three <br />million, two hundred seventeen thousand, nine hundred sixty four dollars ($3,217,964) aggregal <br />principal amount of general 9bligation bonds of the City to pay such costs and in anticmpatio~ <br />thereof to a~thorize and provide for the issuance and sale of general obligation bond antici- <br />pation notes; <br /> NOW, THEREFORE, BB IT RBSOLVBD by the Council of the City of Portsmouth, Virginia: <br /> 1. Pursuant to Chapter 5 of Title 15.1 of the Code of Virginia, the same being the Public <br />Finance Act, and the Charter of the City, for the purpose of providing funds to pay the costs <br />of public improvement projects of the City as set forth in paragraFh 3, there are hereby authc <br />rized to be issued and sold three million, two hundred seventeen thousand, nine hundred sixty <br />four dollars ($3,217,964) aggregate principal amount of general obligation bonds of the City <br />(the "Bonds"). As determined by resolution of the Council, or determined by the Director of <br />Finance of the City which dekermination shall be approved or ratified by resolution of the <br />Council adopted prior to or at the time of sale of the particular Bonds: the Bonds may be <br />sold in their entirety at one time, or in part from time to time, at any time and the Bonds ~ <br />of each issue shall be in such form, be of such denominations, be payable at such time or time <br />not exceeding forty (40) years from their date, bear interest at a rate or rates not exceeding <br />the maximum rate of interest authorized by law at the time of the sale of such Bonds, be sold <br />in such manner and have such other details as are deemed necessary or advisable. ~he City may <br />sell all or part of the Bonds alone or contemporaneously with any other general obligation <br />bonds or with any general obligation bond anticipation notes of the City. <br /> <br /> 2. The full faith and credit of the City shall be and hereby is irrevocably pledged to th <br /> payment of the principal of and interest on the Bonds as the same become due. In each year <br /> while the Bonds, or any of them, are outstanding and unpaid, there shall be assessed, levied <br /> and collected, upon all property within the City subject to taxation by the City, a tax suffi- <br /> cient to provide for the payment of the principal of and interest on the Bonds as the same <br /> become due. <br /> <br /> 3. The proceeds of sale of the Bonds shall <br />public improvement projects described below in <br />the descriptions of the respective projects: <br /> <br />be applied to the payment of the costs of the <br />substantially the amounts set forth opposite <br /> <br />Projects Amount <br /> <br />Capital Improvements, extensions <br /> and additions to the water and <br /> sewer system <br /> <br />$ 3,217,964 <br /> <br />Total $ 3,217,964 <br /> <br />provided, that if any such project shall require less than the entire respective amount set <br />forth above, the difference may be applied to pay the cost of any other project so set forth. <br /> <br /> 4. In anticipation of the issuance of the Bonds and the receipt of the proceeds thereof, <br />there are hereby authorized to be issued and sold $3,217,964 agaregate principal amount of <br />general obligation bond anticipation notes of the City (the "Notes"). The proceeds of the <br />Notes shall be applied for the same purposes and in the same respective amounts as are specif~ <br />in paragraFh 3 with respect to the application of the proceeds of the Bonds. The Notes may be <br />issued in their entirety at one time, or in part from time to time, at any time; shall mature <br />and be payable within two years from their date; and shall be sold at competitive or negotiate <br />sale at not less than par plus interest accrued thereon from the date thereof to the date of <br />the delivery thereof and payment therefor and on such other terms and conditions as are determ <br />by the Director of Finance of the City. The City may sell all or part of the Nctes alone or <br />contemporaneously with any other general obligation notes or with any general obligation bonds <br />of the City. If any Nctes are offered for competitive sale, a notice of sale shall be pub- <br />lished in such form as shall be prescribed by the Director of Finance of the City, in The <br />Daily Bond Buyer, a financial journal published in the City of New York, New York and The <br />Virginian Pilot~._a_newsp~per of general publication in the City, at least once in each--~ch <br />paper, or at least once zn either such paper, with the date of the first publication to be at <br />least seven (7) days prior to the date of sale of such Notes. There may also be prepared and <br />distributed a preliminary and a final Official Statement relating to any Notes in such form as <br />shall be approved by the Director of Finance. The issuance and details of such Notes shall be <br />governed by the provisions of Section 15.1-223 of Title 15.1, Chapter 5, Article - of the Code <br />of Virginia, 1950, as amended, and Article I of Chapter 11 of the Code of the City. Each Not~ <br />issued hereunder shall be accompanied by a certificate of the City Manager and the Director o~ <br />Finance of the City in the form prescribed in Section 11-17 of the Code of the City. The <br />provisions of paragraph 2 hereof shall apply to the Notes to the extent the same are not paid <br />from the proceeds of the Bonds or from any other available funds. The sale of the Notes and <br />the form and other details thereof shall be approved, ratified and confirmed by resolution of <br />this Council. Bonds in anticipation of which the Notes are issued must he issued and sold in <br />accordance with this resolution not later than five years of the date of original issue of th~ <br />first Notes. <br /> <br /> 5. The City Attorney of the City shall be and hereby is directed to file a copy of this <br /> resolution, certified by the City Clerk of the City to he a true copy thereof, with the Circui <br /> Court of the City of Portsmouth, Virginia, and such City Clerk shall be and hereby is directed <br /> to publish once within ten (10) days of the date of filing of such resolution a notice with <br /> respect thereto in The Virginian Pilot, a newspaper of general circulation in the City, in <br /> accordance with Section 15.1-199 of the Code of Virginia, 1950, as amended. Such notice shall <br /> be in substantially the following form: <br /> <br />~d <br /> <br />ned <br /> <br /> <br />