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WltEREAS, Norfolk and Portsmouth jointly nominated the above-described area for <br />designation as a new empowerment zone: <br /> <br /> WHEREAS, the aggregate face amount of bonds which may be designated under Section <br />1394(f)(2 )(A) of the Code with respect to a new empowerment zone may not exceed $130,000,000 <br />if such zone is in an urban area and the zone has a population of less than 100,000, and such limit <br />will not be exceeded by the issuance of the proposed bonds: <br /> <br /> WHEREAS, the Authority held a public hearing on January 21. 2003, in compliance with <br />the requirements of the Code and Section 15.2-4906 of the Act and after such public hearing did <br />adopt a resolution to issue an amount not ro exceed $4,000,000 of its tax-exempt new <br />empowerment zone facility bonds, and recommending the public approval of the Bonds by the <br />Council of the City of Portsmouth and the designation of the Bonds by the Councils of the Cities of <br />Norfolk and Portsmouth as "new empowerment zone facility bonds" for purposes of Section <br />t394(f)(2)(A) of the Code (the "Authority's Resolution"); and <br /> <br /> WHEREAS, a copy of the Authority's Resolution, a record of the public hearing with <br />respect to the Bonds and a Fiscal Impact Statement in the form prescribed by Section 15.2-4907 of <br />the Act, have been filed with the Council. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, <br />Virginia: <br /> <br /> Section 1: That. relying upon the representations of the Authority, the recitals in the <br />preambles hereto are found to be true and correct in all respects and are adopted as findings of this <br />Council as if fully rewritten herein. <br /> <br /> Section 2: That the Project proposed to be financed by the issuance of the Bonds is deemed <br />appropriate for such financing and, accordingly, the issuance of the Bonds is hereby approved to <br />the extent required by Section 147(f) of the Code and Section 15.2-4906 of the Act, and the <br />Council designates the Bonds as "new empowerment zone facility bonds" for purposes of Section <br />1394(f)(2)(A) of the Code. <br /> <br /> Section 3: The approval of the issuance of the Bonds and their designation as new <br />empowerment zone facility bonds, as required by Sections 147(f) and 1394(f)(2)(A) of the Code <br />and Section 15.2-4906 of the Act, do not constitute an endorsement to a prospective purchaser of <br />the Bonds of the creditworthiness of the Project or the Applicant. The Bonds shall provide that the <br />City of Portsmouth shall not be obligated to pay the Bonds or the interest thereon or other costs <br />incident thereto, and neither the faith or credit nor the taxing power of the Commonwealth of <br />Virginia or the City of Portsmouth shall be pledged thereto. <br /> <br /> Section 4: That this resolution take effect on the date of its adoption and shall expire one <br />year from the date of its adoption. <br /> <br /> <br />