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July 25, 2000 <br /> <br /> WHEREAS, a copy of the Authority's resolution approving the issuance of the <br />Bonds and recommending that the Council approve the issuance of the Bonds, subject <br />to the terms to be agreed upon, a record of the public hearing with respect to the Bonds, <br />and a Fiscal Impact Statement in the form prescribed by Section 15.2-4907 of the Act, <br />have been filed with the Council; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of <br />Portsmouth, Virginia, that: <br /> <br /> 1. The recitals made in the first preamble to this Resolution are hereby <br />adopted as a part of this Resolution. <br /> <br /> 2. The City Council of the City of Portsmouth, Virginia, approves the <br />issuance of the Bonds by the Authority to assist in the plan of finance described herein <br />for the benefit of the Company to the extent required by the Code and Section <br />15.2-4906 of the Act. <br /> <br /> 3. The Council endorses the Authority's request to the Virginia Small <br />Business Financing Authority for an allocation of a portion of the "State Allocation" of <br />the Volume Cap in an amount of $3,000,000 with respect to the Bonds; provided, <br />however, that the adoption of this Resolution neither carries nor implies any assurance <br />of or commitment for the allocation of any portion of the Commonwealth's Volume Cap <br />to the Bonds, nor any obligation of the City, this Council or its members, or the Authority <br />or its directors, with respect thereto. By accepting and proceeding under authority of <br />the Authority's and this Council's resolutions, the Company agrees (i) to hold the City, <br />the Authority and their officers, directors, employees, agents and attorneys, harmless <br />for any damages, direct or consequential, suffered by the Company as a result of any <br />action or inaction by any of them with respect to the request for an allocation, (ii) to <br />forbear against bringing any such action to recover any such damages, and (iii) to <br />assume the risk that the entire volume of the Commonwealth's Volume Cap may be <br />allocated by the Virginia Small Business Financing Authority to other tax-exempt <br />obligations. <br /> <br /> 4. The approval of the issuance of the Bonds, as required by the Code and <br />Section 15.2-4906 of the Act, does not constitute an endorsement to a prospective <br />purchaser of the Bonds of the creditworthiness of the Project or the Company, and, as <br />required by Section 15.2-4909 of the Act, the Bonds shall provide that neither the City <br />nor the Authority shall be obligated to pay the Bonds or the interest thereon or other <br />costs incident thereto except from the revenues and moneys pledged therefor and <br />neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the City <br />or the Authority shall be pledged thereto." <br /> <br />Ayes: Benn, Griffin, Moody, Robinett, Whitehurst, Holley <br />Nays: None <br /> <br />00 - 178 - Adoption of a resolution to approve the issuance of revenue bonds by the <br />Economic Development Authority of Henrico County, Virginia, not to exceed $6 million, <br />to pay costs of the acquisition, construction, equipping and installation of certain capital <br />improvements and additions for Maryview Medical Center located at 3636 High Street, <br />Portsmouth, Virginia 23707. <br /> <br />This action will be beneficial to the citizens by providing modern and efficient <br />medical services and will reduce the cost of the provision of such services. The <br />bonds do not affect the City's debt capacity. <br /> <br />Recommendation: <br /> <br />· Adoption of a resolution to approve the issuance of revenue bonds by the Economic <br />Development Authority of Henrico County, Virginia, to pay costs of the acquisition, <br />construction, equipping and installation of certain capital improvements and additions <br />for, among others, Maryview Medical Center located at 3636 High Street, Portsmouth, <br />Virginia 23707. <br /> <br /> <br />