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<br />May 27.2008 <br /> <br />WHEREAS, the Governance Board of Empowerment 2010, at its meeting on <br />May 29, 2007, adopted a resolution recommending that this Council and the Norfolk <br />Council designate the Bonds as new empowerment zone facility bonds for purposes of <br />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 recitals in <br />the preambles hereto are found to be true and correct in all respects and are adopted as <br />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 Bonds <br />is deemed appropriate for such financing and, accordingly, the issuance of the Bonds is <br />hereby approved to the extent required by Section 147(f) and Section 15.2-4906 of the <br />Act, and the Council designates the Bonds as "new empowerment zone facility bonds" <br />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 as <br />new empowerment zone facility bonds, as required by Sections 147(f) and 1394(f)(2)(A) <br />of the Code and Section 15.2-4906 of the Act, do not constitute an endorsement to a <br />prospective purchaser of the Bonds of the creditworthiness of the Project or the <br />Applicant and the Bonds shall provide that the City of Portsmouth shall not be obligated <br />to pay the Bonds or the interest thereon or other costs incident thereto and neither the <br />faith or credit nor the taxing power of the Commonwealth of Virginia or the City of <br />Portsmouth shall be pledged thereto. <br /> <br />Section 4: That this resolution shall take effect on the date of its adoption and shall <br />expire one (1) year from the date of its adoption." <br /> <br />Ayes: Heretick, Moody, Psi mas, Randall, D. Smith, R. Smith, Holley <br />Nays: None <br /> <br />08 - 258 - Adoption of a resolution authorizing the expenditure of funds for change <br />orders exceeding 25% of the original contract with Blueridge General, Inc. for repairs to <br />the Seawall. Vision Principle: World Class Maritime Center. <br /> <br />Background: <br />. A contract for "Repairs to Seawall" was awarded to the construction company, <br />Blueridge General, in the amount of $371, 956. <br />. The current total change orders percentage threshold approved equates to <br />24.1 % for a total contract expenditure of $461 ,607.42 on repairs to the seawall to date. <br />. $80,974.62 remains in the budget for this project in excess of the total contract <br />expenditures. <br />. Due to the age of this structure repairs remain which need to be completed. <br /> <br />Discussion: <br />. Approximately $80,974.62 remains in the budget for this project. City Council <br />approval is required to exceed 25% of the face amount of any contract issued by the <br />city. <br />. Our waterfront seawall, which is nearly 40 years old, is in a condition requiring <br />nearly continual maintenance to keep it safe for the public. At the present time, the <br />need for additional repairs still exists. <br />. These repairs are not just to the visible walking surface, but to the beams, piles, <br />and supporting structure. The salt water environment only serves to accelerate the <br />deterioration of the structure, much of which is unseen until repairs are in progress. <br /> <br />Financial Impact: <br />. No additional impact, as the $80,974.62 was appropriated in a prior Capital <br />Improvement budget <br />