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November 13, 2001 <br /> <br />Any Notes presented for transfer or exchange shall be accompanied by a written <br />instrument or instruments of transfer or authorization for exchange, in form and <br />substance reasonably satisfactory to the City and the Note Registrar, duly executed by <br />the registered owner or by his or her duly authorized attorney-in-fact or legal <br />representative. No Note may be registered to bearer. <br /> <br /> 8. Charges for Exchanqe or Transfer. No charge shall be made for any <br />exchange or transfer of the Note, but the City may require payment by the registered <br />owner of the Note of a sum sufficient to cover any tax or other governmental charge <br />which may be imposed with respect to the transfer or exchange of such Note. <br /> <br /> 9. Non-Arbitraqe Certificate and Tax Covenants. The Chief Financial Officer <br />and such officers and agents of the City as she may designate are authorized and <br />directed to execute a Non-Arbitrage Certificate and Tax Covenants setting forth the <br />expected use and investment of the proceeds of the Note and containing such <br />covenants as may be necessary in order to comply with the provisions of the Internal <br />Revenue Code of 1986, as amended ("Code"), including the provisions of Section 148 <br />of the Code and applicable regulations relating to "arbitrage bonds." The City Council <br />covenants on behalf of the City that the proceeds from the issuance and sale of the <br />Note will be invested and expended as set forth in the City's Non-Arbitrage Certificate <br />and Tax Covenants, to be delivered simultaneously with the issuance and delivery of <br />the Note and that the City shall comply with the other covenants and representations <br />contained therein. <br /> <br /> 10. Further Actions. The City Manager and the Chief Financial Officer and <br />such officers and agents of the City as either of them may designate are authorized and <br />directed to take such further action as they deem necessary regarding the issuance and <br />sale of the Note and all actions taken by such officers and agents in connection with the <br />issuance and sale of the Note are ratified and confirmed. <br /> <br /> 11. Effective Date: Applicable Law. This Resolution shall take effect <br />immediately. The City Council elects to issue the Note pursuant to the provisions of the <br />Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as <br />amended, in accordance with Section 15.2-2601 of such Act." <br /> <br />Ayes: Benn, Griffin, Moody, Pitts, Robinett, Whitehurst, Holley <br />Nays: None <br /> <br />01 - 314 - Adoption of a resolution authorizing the City Manager to convey to the <br />Portsmouth School Board a parcel of land on which the former Fire Station #6 is <br />located, to be included as part of the new Brighton School Property. <br /> <br />Recommendation: <br /> <br />· Adoption of a resolution authorizing the City Manager to convey to the Portsmouth <br />School Board a parcel of land on which the former Fire Station #6 is located. <br /> <br />Purpose and Need: <br /> <br />· Fire Station #6 located at 1120 Portsmouth Boulevard is now closed and <br />responsibilities and duties of this station have been transferred to the new Fire <br />Headquarters located at 1601 Effingham Street. <br />· The ownership of this property will be conveyed to the Portsmouth School Board and <br />then included as part of the new Brighton School Property. <br /> <br />· The Fire Station will be demolished by the School Board and the costs of demolition <br />are included in the School Board's budget for the new school. <br /> <br />Financial Impact: <br /> <br />· There is no negative financial impact with this conveyance. The conveyance will be <br />accomplished at no cost to either the City or the School Board. <br /> <br />1. Joan Whitted, 4016 Middleburg Lane, spoke in support of this resolution. <br /> <br /> Motion by Mr. Benn, and seconded by Mr. Whitehurst, to adopt the following <br />resolution, and was adopted by the following vote: <br /> <br /> <br />