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August 23, 2016 <br /> <br /> <br /> As these bonds are low interest, the amount of debt service will be less than that <br />normally projected on general obligation bonds. This will have a favorable impact on <br />the city’s goals with respect to debt service as a percent of operating revenues, while <br />accomplishing the same level of debt funding. <br /> <br />Recommended Action: <br /> <br /> Conduct a Public Hearing of the Ordinance. (Attachment B). Adoption of the <br />ordinance. Vision Principle: Efficient Service Delivery <br /> <br />Next Steps Following Council Action: <br /> <br /> Staff, Davenport, and the city’s bond counsel will take all required action to <br />facilitate the issuance of the QZAB’s. <br /> <br />Motion by Dr. Whitaker, and seconded by Mr. Moody, to adopt the following <br />resolution, and was adopted by the following vote: <br /> <br />“RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $6,143,000 IN CITY OF <br />PORTSMOUTH, VIRGINIA GENERAL OBLIGATION QUALIFIED ZONE ACADEMY <br />BONDS AND SETTING FORTH THE FORM, DETAILS AND PROVISIONS FOR THE <br />PAYMENT THEREOF. <br /> <br /> WHEREAS, <br />the City Council (the “Council”) of the City of Portsmouth, Virginia <br />(the “City”), has determined that it is necessary to finance a portion of the public school <br />building rehabilitation and repair projects in the City’s Long-Term Capital Improvement <br />Program for the Portsmouth Public Schools (the “School Projects”), and that it is <br />necessary and expedient to borrow up to $6,143,000 and to issue general obligation <br />bonds of the City and use the net proceeds thereof to pay the costs of the School <br />Projects; and <br /> <br />WHEREAS, <br /> a public hearing on the general obligation bonds has been held after <br />notice was published in accordance with the requirements of Section 15.2-2606 of the <br />Code of Virginia of 1950, as amended (the “Virginia Code”); and <br /> <br />WHEREAS, <br />Section 54E of the Internal Revenue Code of 1986, as amended <br />(the "Tax Code"), authorizes a type of debt instrument known as a qualified zone <br />academy bond ("QZAB"); and <br /> <br />WHEREAS, <br />QZABs are taxable bonds issued by a state or local government the <br />proceeds of which are to be used for qualified purposes with respect to certain eligible <br />public schools; and <br /> <br />WHEREAS, <br />Section 54A of the Tax Code provides that an eligible holder of a <br />QZAB will receive a federal income tax credit for each year the QZAB is outstanding in <br />lieu of receiving all or a portion of periodic interest payments from the issuer; and <br /> <br />WHEREAS, <br />the federal income tax credits provided by Section 54A of the Tax <br />Code are designed to compensate the QZAB holder for lending money to the issuer and <br />to function as payments of interest on the QZAB, and the intent of the federal tax credits <br />is to permit the QZAB to be issued with little or no stated interest or original issue <br />discount; and <br /> <br />WHEREAS, <br />Section 54E of the Tax Code sets forth a number of certification and <br />similar requirements to be satisfied for a valid issuance of QZABs, including, without <br />limitation, the following: <br /> <br />(1) A requirement that 100 percent of the available project proceeds of a QZAB issue <br />be used for a qualified purpose with respect to a qualified zone academy established by <br />an eligible local education agency; and <br />(2) A requirement that the QZAB issuer certify that it has written assurances that the <br />private business contribution requirement of Section 54E(b) of the Tax Code will be met <br />with respect to the academy; and <br /> <br /> <br /> <br /> <br /> <br />