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Au.qust 14, 2001 <br /> <br /> Adoption of a resolution approving issuance of Revenue Bonds for Ocean Marine <br />and designating a portion of such bonds as new empowerment zone facility bonds. <br /> <br /> Motion by Mr. Benn, and seconded by Mr. Robinett, to adopt the following <br />resolution, and was adopted by the following vote: <br /> <br />"A RESOLUTION APPROVING ISSUANCE OF REVENUE BONDS FOR OCEAN <br />MARINE LLC AND DESIGNATING A PORTION OF SUCH BONDS AS NEW <br />EMPOWERMENT ZONE FACILITY BONDS. <br /> <br /> WHEREAS, there has been described to the Industrial Development Authority of <br />the City of Portsmouth (the "Authority"), the plans of Ocean Marine LLC (the <br />"Company") whose principal place of business is 543 E. Indian River Road, Norfolk, <br />Virginia 23523, for the issuance of the Authority's tax-exempt enterprise zone facility <br />revenue bonds in an aggregate principal amount not to exceed $10,000,000 (the <br />"Bonds") to assist the Company in (a) acquiring fee simple title to approximately 12.47 <br />acres of land located at the northeastern intersection of Lincoln Street and Harbor <br />Center Way (shown as Parcel 1 on the Subdivision Plat of Harbor Center Section One <br />recorded in the Portsmouth Clerk's Office in Map Book 18, at Pages 138 - 139) and a <br />leasehold interest in approximately 5.27 acres of real property including the marina <br />basin located south of, and adjacent to, the Portsmouth Municipal Center (shown as <br />South Inlet on the Plat recorded in the Portsmouth Clerk's Office in Map Book 18, at <br />Pages 182-183), together with related easements over adjoining parcels, <br />(b) undertaking the development, construction, renovation and equipping of certain <br />facilities (the "Improvements") to be situated on the 12.47 acres and the 5.27 acres <br />described above, including a marina, boat dry-storage building, an indoor boat repair <br />facility, equipment for lifting vessels out of the water, a rail transfer system for moving <br />and holding vessels on land, a travel lift for lifting vessels, a dockmaster's building, a <br />dry-storage control building, fuel docks and fuel tanks, marina pump-out stations, piers, <br />parking areas and other facilities and improvements related to the new Ocean Marine <br />Yacht Center and (c) financing the costs associated with the issuance of the Bonds; and <br /> <br /> WHEREAS, the Company in its appearance before the Authority has described <br />the benefits to be derived from the above undertakings and has requested the Authority <br />to agree to issue the Bonds under Chapter 49, Title 15.2 of the Code of Virginia, as <br />amended (the "Act"); and <br /> <br /> WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), <br />provides that the highest elected governmental officials of the governmental units <br />having jurisdiction over the issuer of private activity bonds shall approve the issuance of <br />such bonds; and <br /> <br /> WHEREAS, the Authority issues its bonds on behalf of the City of Portsmouth, <br />Virginia (the "City"), and the members of the City Council of the City of Portsmouth (the <br />"Council") constitute the highest elected governmental officials of the City; and <br /> <br /> WHEREAS, Section 15.2-4906 of the Act provides that the Council shall within <br />60 calendar days from the public hearing with respect to revenue bonds either approve <br />or disapprove the issuance of such bonds; and <br /> <br /> WHEREAS, a public hearing with respect to the Bonds as required by the Act <br />and the Code, was held by the Authority on August 6, 2001; and <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, a record <br />of the public hearing with respect to the Bonds and a Fiscal Impact Statement in the <br />form prescribed by Section 15.2-4907 of the Act have been filed with the Council; <br /> <br /> BE IT RESOLVED BY THE MEMBERS OF THE CITY COUNCIL OF THE CITY <br />OF PORTSMOUTH: <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 /> <br />