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<br />June 12. 2007 <br /> <br />WHEREAS, the Authority held a public hearing on April 17, 2007, in <br />compliance with the requirements of the Code and Section 15.2-4906 of the Act and <br />after such public hearing did adopt a resolution to issue not to exceed $12,000,000 of <br />its tax-exempt new empowerment zone facility revenue bonds for the Project, and <br />recommended the public approval of the Bonds by the Council of the City of <br />Portsmouth (the "Council") and the designation of the Bonds by the Councils of the <br />Cities of Norfolk and Portsmouth as "new empowerment zone facility bonds" for <br />purposes of Section 1394(f)(2)(A) of the Code (the "Authority's Resolution"); and <br /> <br />WHEREAS, a copy of the Authority's Resolution, a record of the public hearing <br />with respect to the Bonds and a Fiscal Impact Statement in the form prescribed by <br />Section 15.2-4907 of the Act, have been filed with the Council; and <br /> <br />WHEREAS, the Governance Board of Empowerment 2010, at its meeting on <br />May 29, 2007, adopted a resolution recommending that the Councils of the Cities of <br />Norfolk and Portsmouth designate the Bonds as new empowerment zone facility <br />bonds for purposes of Section 1394(f)(2)(A) of the Code; and <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br /> <br />Section 1: That, relying upon the representations of the Authority, the <br />recitals in the preambles hereto are found to be true and correct in all respects and are <br />adopted as findings of this Council as if fully rewritten herein. <br /> <br />Section 2: That the Project proposed to be financed by the issuance of the <br />Bonds is deemed appropriate for such financing and, accordingly, the issuance of the <br />Bonds is hereby approved to the extent required by Section 147(f) and Section 15.2- <br />4906 of the Act, and the Council designates the Bonds as "new empowerment zone <br />facility bonds" for purposes of Section 1394(f)(2)(A) of the Code. <br /> <br />Section 3: The approval of the issuance of the Bonds and their designation <br />as new empowerment zone facility bonds, as required by Sections 147(f) and <br />1394(f)(2)(A) of the Code and Section 15.2-4906 of the Act, do not constitute an <br />endorsement to a prospective purchaser of the Bonds of the creditworthiness of the <br />Project or the Applicant, and the Bonds shall provide that the City of Portsmouth shall <br />not be obligated to pay the Bonds or the interest thereon or other costs incident <br />thereto, and neither the faith or credit nor the taxing power of the Commonwealth of <br />Virginia or the City of Portsmouth shall be pledged thereto. <br /> <br />Section 4: That this resolution shall take effect on the date of its adoption, <br />and shall expire one year from the date of its adoption." <br /> <br />Ayes: Moody, Psimas, Randall, D. Smith, Holley <br />Nays: R. Smith <br /> <br />- New Business - <br /> <br />07 - 271 - Boards and Commissions <br /> <br />Mr. Moody offered the following nominations: <br /> <br />BEHAVIORAL HEAL THCARE SERVICES ADVISORY BOARD <br /> <br />Lorraine Edwards to be appointed to fill a three year term ending June 30, 2010, <br />replacing Bruce Childs. <br /> <br />William Moore to be appointed to fill a three year term ending June 30,2010, replacing <br />Helen Gary. <br />