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<br />. <br /> <br />. <br /> <br />. <br /> <br />WHEREAS, Section 1394(t)(1) of the Code provides that "new empowerment zone <br /> <br />facility bonds" are exempt from the state volume cap restrictions of Section 146 of the Code if <br /> <br /> <br />bonds are designated under Section 1394(t)(2)(A) of the Code for such purpose by the local <br /> <br /> <br />government or governments which nominated the area to which the bonds relate for designation as <br /> <br /> <br />an empowerment zone under Section 1391(g) of the Code (a "new empowerment zone"); <br /> <br />WHEREAS, Norfolk and Portsmouth jointly nominated the above-described area for <br /> <br />designation as a new empowerment zone; <br /> <br /> <br />WHEREAS, the aggregate face amount of bonds which may be designated under <br /> <br /> <br />Section 1394(t)(2)(A) of the Code with respect to a new empowerment zone may not exceed <br /> <br /> <br />$130,000,000 if such zone is in an urban area and the zone has a population of less than <br /> <br /> <br />100,000, and such limit will not be exceeded by the issuance of the proposed Bonds; <br /> <br /> <br />WHEREAS, the Authority held a public hearing on January 25, 2006, in compliance <br /> <br /> <br />with the requirements of the Code and Section 15.2-4906 of the Act and after such public <br /> <br /> <br />hearing did adopt a resolution to issue an amount not to exceed $12,000,000 of its tax-exempt <br /> <br /> <br />new empowerment zone facility revenue bonds for the Project, and recommended the public <br /> <br />approval of the Bonds and plan of financing by the Council of the City of Norfolk and the <br /> <br /> <br />designation of the Bonds by the Councils of the Cities of Norfolk and Portsmouth as "new <br /> <br /> <br />empowerment zone facility bonds" for purposes of Section 1394(t)(2)(A) of the Code (the <br /> <br /> <br />"Authority's Resolution"); and <br /> <br />WHEREAS, a copy of the Authority's Resolution, a record of the public hearing with <br /> <br /> <br />respect to the Bonds, a Fiscal Impact Statement in the form prescribed by Section 15.2-4907 of the <br /> <br /> <br />Act and certain other documents pertaining to the Project and its financing have been filed with <br />the Council; <br /> <br />