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<br />June 26. 2007 <br /> <br />WHEREAS, Section 1394(f)(1) of the Code provides that "new empowerment <br />zone facility bonds" are exempt from the state volume cap restrictions of Section 146 of <br />the Code if bonds are designated under Section 1394(f)(2)(A) of the Code for such <br />purpose by the local government or governments which nominated the area to which <br />the bonds relate for designation as an empowerment zone under Section 1391 (g) of the <br />Code (a "new empowerment zone"); and <br /> <br />WHEREAS, the Authority has recommended that the City Councils of the Cities <br />of Portsmouth and Norfolk approve the issuance of the Bonds and designate <br />$71,000,000 of principal amount of the Bonds as "new empowerment zone facility <br />bonds" for purposes of Section 1394(f)(2)(A) of the Code, and on June 12, 2007, the <br />City Council of the City of Norfolk approved of the issuance of the Bonds and <br />designation of $71,000,000 of principal amount of the Bonds as "new empowerment <br />zone facility bonds", $51,635,000 of which shall be allocated from the City of Norfolk's <br />portion of new empowerment zone bond allocation received under Section <br />1394(f)(2)(A), as "new empowerment zone facility bonds" for purposes of Section <br />1394(f)(2)(A) of the Code (the "Norfolk Resolution"; and <br /> <br />WHEREAS, a copy of the Authority's resolution approving the issuance of the <br />Bonds and recommending that the City Council of the City of Portsmouth, Virginia (the <br />"Council") approve the Authority's issuance of the Bonds, subject to the terms to be <br />agreed upon, a record of the public hearing with respect to the Bonds and a Fiscal <br />Impact Statement in the form prescribed by Section 15.2-4907 of the Virginia Code, has <br />been filed with the Council; and <br /> <br />WHEREAS, on May 23, 2007, the Authority held a public hearing in compliance <br />with the requirements of the Code and Section 15.2-4906 of the Act, and after such <br />public hearing did adopt a resolution to issue an amount not to exceed $85,000,000 of <br />its New Empowerment Zone Facility Revenue Bonds (Fort Norfolk Plaza, LLC Project), <br />Series 2007, subject to the adoption of the Norfolk Resolution and this Resolution; and <br /> <br />WHEREAS, the aggregate face amount of bonds which may be designated <br />under Section 1394(f)(2)(A) of the Code with respect to a new empowerment zone may <br />not exceed $130,000,000 if such zone is in an urban area and the zone has a <br />population of less than 100,000, and the Council has been advised that such limit will <br />not be exceeded by the issuance of the Bonds; now, therefore, <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br /> <br />1. That the recitals made in the preambles hereto are hereby adopted as part of <br />this Resolution. <br /> <br />2. The Council of the City of Portsmouth, Virginia concurs with the adoption of <br />the Norfolk Resolution by the City Council of Norfolk and approves of the issuance of <br />the Bonds by the Authority. <br /> <br />3. That this Resolution shall take effect on the date of its adoption." <br /> <br />Ayes: Heretick, Moody, Psi mas, Randall, D. Smith, R. Smith, Holley <br />Nays: None <br /> <br />- New Business - <br /> <br />07 - 288 - Boards and Commissions <br /> <br />There were no appointments. <br />