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,296 <br /> <br />December 13, 1988 <br /> <br /> WHEREAS, the Authority, as the issuing governmental~unit, <br />has no applicable'elected representative and the City of <br />Portsmouth (the "City") is the next highest governmental, unit <br />with such a representative;' and <br /> <br /> WHEREAS, the members of the City Council of the City (the <br />"Council ) ccnstit~te~the applicabl~ elected representatives of <br />the City.; and <br /> <br /> WHEREAS, Chapter 514 of the 1983 Acts of the General <br />Assembly of Virginia ("Chapter 514") and Section 15.1-1378.1 of <br />the Code of Virginia of 1950, as amended, (the "Virginia'Code") <br />requires that the Council approve or disapprove the financing <br />of any facility recommended by the Authori%y; and <br /> <br /> WI~EREAS, the Authority recommends that the Council approve <br /> the issuance of the Refunding Bonds; and <br /> <br /> WHEREAS, a cop~ of the Authority's Resolution approving <br /> the issuance of the Refunding Bonds,~ subject to the terms to be <br /> agreed upon, a reasonably detailed summary of the comments <br /> expressed at the public hearing, if3 any, and the Fiscal Impact <br /> Statement r~qdire~ by Section 15.1-1378.2 of the Virginia Code <br /> have been filed with the Council. of the City. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City <br />of Portsmouth, Virginia: <br /> <br /> 1. The Council of <br />which are incorporated <br />Resolution as if fully <br /> <br />the City approves the 'foregoing recitals <br />in, and deemed a part of, this <br />set forth herein. <br /> <br /> 2. ThE Co~ncil of the City'approves the issuance of~the <br />Refunding Bonds ~by the Authority, fo~ the benefit of the <br />Company, t.o~h~ extent of and as required by the Internal <br />Revenue Code, Chapter 514, and the Virginia Code, to permit the <br />Authority to assist in the refinancing of the Project. <br /> <br /> 3. The approval of the issuance of ~th~' Refundihg~-Bonds <br />as required by the Internal Revenue Code, Chauter '514, and the <br />Virginia Code, does not constitute an endorsement to the <br />perspective purchasers o~ the Refunding ~onds or of the credit <br />worthiness of the P~oject or-the Compa,ny .and the Refundin~ <br />Bonds shall provide that neither the City, the City of Virginia <br />Beach,' the City of Virginia Beach Development Authority nor' the <br />Authority'~shalt be obligated to pay the'Refunding Bo~ds or the <br />interest thereon or other costs incident' thereto except 'from <br />the revenues and monies pledged therefor, and neither the faith <br />nor the credit 0~ the taxing power of 'the Commonwealth, the <br />City, the Authority, the City of Virginia Beach, nor the City <br />of Virginia Beach Development Authority shall be pledged <br />thereto. <br /> <br /> <br />