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<br />Authority after the Authority has held a public hearing to consider the issuance of such bonds as <br /> <br />one of the acts required in order for the interest on such bonds to qualify for exemption from the <br /> <br />imposition of federal income tax; and <br /> <br />WHEREAS, the Project is located in the ten square mile area of the City of Portsmouth, <br /> <br /> <br />Virginia ("Portsmouth") and the City of Norfolk, Virginia ("Norfolk") which has been designated <br /> <br /> <br />an empowerment zone under Section 1391(g) of the Code; <br /> <br /> <br />WHEREAS, Section I 394(f)(1 ) of the Code provides that "new empowerment zone <br /> <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(f)(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 />WHEREAS, the aggregate face amount of bonds which may be designated under <br /> <br />Section 1394(f)(2)(A) of the Code with respect to a new empowerment zone may not exceed <br /> <br />$130,000,000 if such zone is in an urban area and the zone has a population of less than 100,000, <br /> <br /> <br />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 April 17, 2007, in compliance with <br /> <br /> <br />the requirements of the Code and Section 15.2-4906 of the Act and after such public hearing did <br /> <br />adopt a resolution to issue not to exceed $12,000,000 of its tax-exempt new empowerment zone <br /> <br />facility revenue bonds for the Project, and recommended the public approval of the Bonds by the <br /> <br /> <br />Council of the City of Portsmouth (the "Council") and the designation of the Bonds by the <br /> <br /> <br />Councils of the Cities of Norfolk and Portsmouth as "new empowerment zone facility bonds" for <br />