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2021 Resolutions
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2021 Resolutions
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WHEREAS, by resolution adopted on January 12, 2021 by the Council, public approval <br />of the issuance of the Bonds was obtained as required by Section 147(f) of the Code and Section <br />15.2 -4906 of the Virginia Code, as applicable to housing authorities; <br />WHEREAS, upon the expiration of one year from the date of such public approval, the <br />Code and the regulations of the U.S. Department of the Treasury promulgated thereunder, require <br />a subsequent public hearing be held and public approval be obtained; <br />WHEREAS, on November 18, 2021, (1) such subsequent public hearing with respect to <br />the Plan of Finance and the Bonds was held by the Authority in accordance with Section 147(f) of <br />the Code and Section 15.2 -4906 of the Virginia Code, as applicable to housing authorities and (2) <br />the Authority adopted a resolution confirming its authorization of the Bonds; <br />WHEREAS, the Authority has recommended that the Council approve the issuance of the <br />Bonds; and <br />WHEREAS, a copy of the Authority's resolution authorizing the issuance of the Bonds, <br />subject to the terms to be agreed upon, a Fiscal Impact Statement complying with the requirements <br />of Section 15.2 -4907 of the Virginia Code, as applicable to housing authorities, and a certificate <br />of the public hearing have been filed with the Council. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF <br />PORTSMOUTH, VIRGINIA THAT: <br />1. The Council approves the issuance of the Bonds by the Authority for the benefit of <br />the Borrower, as required by Section 147(f) of the Code, Section 15.2 -4906, as applicable to <br />housing authorities, of the Virginia Code and, to the extent applicable, Section 36 -19(9) of the <br />Virginia Code, to permit the Authority to assist in the financing of the Plan of Finance. <br />2. The approval of the issuance of the Bonds does not constitute an endorsement to a <br />prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower. <br />3. The Bonds shall provide that (a) neither the Commonwealth of Virginia, the City <br />nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident <br />thereto except from the revenues and monies pledged thereto, (b) neither the faith and credit nor <br />the taxing power of the Commonwealth of Virginia, the City or the Authority is pledged to the <br />payment of the principal of the Bonds or the interest thereon or other costs incident thereto, and <br />(c) neither the City, nor any of its elected representatives, officers, or employees, nor the <br />commissioners, officers or employees of the Authority, shall be liable personally on the Bonds by <br />reason of their issuance. <br />4. In adopting this resolution, the City, including its elected representatives, officers, <br />employees and agents, shall not be liable for, and hereby disclaim all liability for, any damages to <br />any person, direct or consequential, resulting from the Authority's failure to issue the Bonds for <br />any reason. <br />5. This resolution shall take effect immediately upon its adoption. <br />
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