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BE tt RESOLVED BYit~E CouNGi[:.~OFiTHE CITY OF PORTSMOUTH, <br />VIRGINIA. <br /> <br /> Section 1. Find nqs and Determinations. The Council (the "Council") of the <br />City of Portsmouth, Virginia (the "City") hereby finds and determines as follows: <br /> <br /> (a) The City has entered into Agreements of Purchase and Sale (the <br />"Purchase Agreements") under which the City has agreed to purchase two parcels of <br />land (Parcels 1 and 2) within the area of the City known as the "Fairwood Homes <br />property". <br /> <br /> (b) The Purchase Agreements recite that the City has entered into the same <br />for the public purpose of eliminating blight and stimulating economic development <br />and may convey all the property and rights to which it is entitled by the purchase <br /> <br /> Agreements to the Industrial Development Authority of the City of Portsmouth <br />(the "Authority.") <br /> <br /> (c) The City and the Authority contemplate that such Parcels 1 and 2 will be <br />developed for commercial and light industrial uses and the City as requested the <br />Authority, in accordance with the provisions of the Purchase Agreements, to <br />acquire such Parcels 1 and 2 to be held for development by the Authority for <br />commercial and light industrial uses. <br /> <br /> (d) For the purpose of providing funds to pay the cost of acquisition of the <br />Parcels 1 and 2, the Authority has made a determination to issue an issue of the <br />revenue bonds of the Authority in an aggregate principal amount of $7,000,000 .(the <br />"Authority Bonds"). <br /> <br /> (e) In the judgment of the Council, it is desirable to authorize the issuance of a <br />general obligation guarantee of the City to guarantee to payment of the principal of <br />and interest on the Authority Bonds. <br /> <br /> (f) A public hearing has been held with respect t° the adoption of this resolution <br />on August 12, 1997, as required by and in accordance with Section 15.1-227.8.A of <br />the Code of Virginia, 1950. <br /> <br /> Section 2. Authorization of Issuance of General Obli.qation'Guarantee. <br />Pursuant to Chapter 5.1 of Title 15.1 of the Code of Virginia, 1950 (the same being <br />the Public Finance Act of 1991), and the Charter of the City, there are hereby <br />authorized to be issued Seven Million Dollars ($7,000,000) aggregat~ principal. <br />amount of general obligations of the City in the form of a general obligation <br />guarantee of the principal of and interest on the Authority Bonds to be issued by the <br />Authority to provide funds to pay the cost of acquisition of two parcels of land <br />(Parcels 1 and 2) within the area of the City known as the "Fairwood Homes <br />Property" for the public purpose of eliminating blight and stimulating economic <br />development in the City, such Parcels 1 and 2 to be held by the Authority for <br />development for commercial and light industrial uses. Such guarantee may be in the <br />form of a Development Agreement by and between the City and the. Authority and <br />may contain such terms and conditions as the City and the Authority shall agree and <br />shall be approved as to form and substance by the City Manager and the City <br />Attorney prior to the execution thereof. Such guarantee shall provide that the City <br />shall guarantee the payment when due of the principal of and interest on the <br />Authority Bonds. <br /> <br /> ' Section 3, Pledqe of Full Faith and Credit: The full faith and credit of the City <br />shall be a~d hereby is irrevocably pledged to the payment of the obligations of the <br />City under such guarantee as the same becomes due. In each year while such <br />guarantee, or any portion thereof, is in effect, there shall be assessed, levied and <br />collected, upon all property within the City subject to taxation by the City a tax, over <br />and above all Other taxes, authorized or limited by law and without limitation as to <br />rate o~ amount, sufficient to pay <br /> when dUe the obligations of the City under such guarantee'to the extent other <br />fundsiof the City are not lawfully available and appropriated for such purpose. <br /> <br /> <br />