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April 22, 2003 <br /> <br /> ]4. Authorization of Bond Anticipation Notes. If prior to the offering of any series <br />of the Bonds, market or other conditions are such that the City Manager, in consultation <br />with the Chief Financial Officer, determines that it is not advisable to enter into a long- <br />term financing for all or any portion of the costs of the various public improvement <br />projects, the City Manager, without further approval of the City Council as to <br />documentation or otherwise, may execute, deliver and issue short-term notes of the City <br />("Notes") as provided in Section 15.2-2628 of the Code of Virginia of 1950, as <br />amended, at public or private sale in anticipation of the issuance of any or all series of <br />the Bonds; provided the principal amount of the Notes shall not exceed $17,010,000, <br />the term to maturity thereof shall not exceed five years and the true interest cost <br />thereon shall not exceed seven and one-half percent (7.5%) and shall be subject to <br />such other terms and conditions contained in this Resolution to the extent not <br />inconsistent with this Section 14. Each Note issued hereunder shall be accompanied by <br />a certificate of the City Manager and the Chief Financial Officer of the City in the form <br />prescribed in Section 12-16 of the Code of the City. The provisions of Section 2 hereof <br />shall apply to the Notes to the extent the same are not paid from the proceeds of the <br />Bonds or from any other available funds. Bonds in anticipation of which the Notes are <br />issued must be issued and sold in accordance with this Resolution not later than five (5) <br />years of the date of original issue of the first Notes issued hereunder. <br /> <br /> ]5. Further Actions. The City Manager and the Chief Financial Officer and such <br />officers and agents of the City as either of them may designate are authorized and <br />directed to take such further action and to execute and deliver such additional <br />agreements, documents and certificates as they deem necessary regarding the Bonds <br />and all actions taken by such officers and agents in connection with the Bonds are <br />ratified and confirmed. <br /> <br /> ]6. Filin,q Resolution. The appropriate officers or agents of the City are <br />authorized and directed to file a certified copy of this Resolution with the Circuit Court of <br />the City pursuant to Sections 15.2-2607 and 15.2-2627 of the Code of Virginia of 1950, <br />as amended. <br /> <br /> ]7. Effective Date; Applicable Law. In accordance with Section 15.2-2601 of the <br />Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as <br />amended, (the "Act"), the City Council elects to issue the Bonds pursuant to the <br />provisions of the Act. This Resolution shall take effect immediately." <br /> <br />Ayes: Benn, Griffin, Moody, Pitts, Randall, Whitehurst, Holley <br />Nays: None <br /> <br /> Motion by Mr. Moody, and seconded by Mr. Whitehurst, to adopt the following <br />ordinance, and was adopted by the following vote: <br /> <br />03-153(C): <br /> <br />"ORDINANCE TO APPROPRIATE $22,419,052 IN THE CAPITAL IMPROVEMENT <br />FUND AND $9,010,000 IN THE PUBLIC UTILITIES CAPITAL IMPROVEMENT <br />FUND." <br /> <br />Ayes: Benn, Griffin, Moody, Pitts, Randall, Whitehurst, Holley <br />Nays: None <br /> <br />03 - 154 - Adoption of an ordinance to appropriate $200,000 from the General Fund - <br />Undesignated Fund Balance for legal fees. <br /> <br />Recommendation: <br /> <br />· Adoption of an ordinance to appropriate $200,000 from the General Fund - <br />Undesignated Fund Balance for legal fees. <br /> <br /> <br />