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<br />September 23. 2008 <br /> <br />Financial Impact: <br />. There is no material financial impact. <br /> <br />Staff Recommends: <br />Adoption of resolution. Vision Principle: A Robust and Prospering Economy. <br /> <br />Next Steps Following Council Action: <br />. City Clerk will certify to SPSA that the resolution has been enacted. <br />. SPSA anticipates adopting its capital budget on September 24, 2008, and this <br />resolution is needed for that purpose. <br /> <br />1. Mark Geduldig-Yatrofsky, 2713 Sterling Point Drive, spoke in opposition to this item. <br /> <br />Motion by Mr. Whitehurst, and seconded by Mr. Smith, to adopt the following <br />resolution, and was adopted by the following vote: <br /> <br />"RESOLUTION OF THE COUNCIL OF THE CITY OF PORTSMOUTH, VIRGINIA <br />APPROVING THE PROPOSED ISSUANCE OF CERTAIN REVENUE BONDS BY <br />THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA, A PORTION <br />OF THE PROCEEDS OF THE BONDS TO BE USED TO FINANCE OR REFINANCE <br />FACILITIES LOCATED IN THE CITY. <br /> <br />WHEREAS, the Southeastern Public Service Authority of Virginia (the <br />"Authority") anticipates making certain capital improvements and intends to finance or <br />refinance such capital improvements through the issuance of one or more issues of tax- <br />exempt revenue bonds in an aggregate principal amount up to $13,500,000 (the "Tax- <br />Exempt Bonds") which bonds will finance or refinance the facilities described in Exhibit <br />A, all or a portion of which are or may be located within the City of Portsmouth (the <br />"City") (the "Tax-Exempt Improvements"); and <br /> <br />WHEREAS, under the Internal Revenue Code of 1986, as amended, prior to the <br />issuance of the Tax-Exempt Bonds, the Authority must hold a public hearing and <br />receive governmental approval of the issuance of the Tax-Exempt Bonds; and <br /> <br />WHEREAS, such governmental approval can, by virtue of the location of certain <br />of the Tax-Exempt Improvements within the City, be given as to such improvements by <br />the City; and <br /> <br />WHEREAS, Section 15.2-4906 of the Code of Virginia, 1950, as amended (the <br />"Local Approval Provision"), requires that, if certain authorities created pursuant to law <br />in Virginia hold a public hearing in accordance with federal law as a prerequisite to <br />undertaking a tax-exempt financing, such authorities must receive approval for the <br />financing from the governing bodies of the localities in which the improvements to be <br />financed are to be located; and <br /> <br />WHEREAS, the Authority is an authority subject to the Local Approval Provision; <br /> <br />and <br /> <br />WHEREAS, on September 15, 2008, the Authority held a public hearing (the <br />"Hearing") regarding the issuance of the Tax-Exempt Bonds pursuant to a notice of <br />public hearing published twice, on August 29, 2008 and September 5, 2008, the last <br />such date being not less than six days after the second publication of such notice; and <br /> <br />WHEREAS, the Authority has provided to the City Council the following: (i) a <br />reasonably detailed summary of the comments, if any, expressed at the Hearing; (ii) a <br />fiscal impact statement concerning the Tax-Exempt Bonds in the form specified in <br />Section 15.2-4907 of the Code of Virginia; and (iii) the Authority's request and <br />recommendation that the City Council approve the issuance of the Tax-Exempt Bonds; <br />and <br />