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Au,qust 28, 2001 <br /> <br /> WHEREAS, the Board of Education was thereafter to have given advances on <br />the amount of the Commitment for the Literary Fund Loan to the School Board, as <br />construction or renovation of the Project progressed, in exchange for a loan obligation <br />from the School Board to the Literary Fund (the "Literary Fund Obligation") for the <br />amounts so advanced. <br /> <br /> WHEREAS, the Literary Fund Obligation was to have borne interest at two <br />percent (2%) per annum and mature in annual installments for a period of twenty (20) <br />years. <br /> <br /> WHEREAS, in connection with the 2001 Interest Rate Subsidy Program (the <br />"Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase <br />general obligation school bonds of the City, and the Board of Education has offered to <br />pay, to the City, a lump sum cash payment (the "Lump Sum Cash Payment") equal to <br />the sum of (i) net present value difference, determined on the date that VPSA sells its <br />bonds, between the weighted average interest rate that the general obligation school <br />bonds of the City will bear upon sale to the VPSA and the interest rate that the Literary <br />Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such <br />bonds of the City (the "Issuance Expense Allowance"). <br /> <br /> WHEREAS, the City Council (the "City Council") of the City of Portsmouth, <br />Virginia (the "City") has determined that it is necessary and expedient to borrow <br />$4,000,000 and to issue its general obligation school bonds to finance certain capital <br />projects for school purposes. <br /> <br /> WHEREAS, the City has held a public hearing, after due publication of notice, in <br />accordance with Section 15.2-2606, Code of Virginia of 1950, as amended ("Virginia <br />Code") on August 28, 2001 on the issuance of school bonds in the maximum amount of <br />$4,000,000. <br /> <br /> WHEREAS, the School Board of the City has requested by resolution the City <br />Council to authorize the issuance of the Bonds (as defined below). <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia, that: <br /> <br /> 1. Authorization of Application to VPSA. The City Manager and the <br />Chief Financial Officer, or either of them, are hereby authorized and directed to execute <br />and deliver an application to the VPSA, in order to sell the Bonds to the VPSA at the <br />Fall 2001 VPSA Bond Sale. <br /> <br /> 2. Authorization of Bonds and Use of Proceeds. The City Council <br />hereby determines that it is advisable to contract a debt and to issue and sell general <br />obligation school bonds of the City in the aggregate principal amount not to exceed <br />$4,000,000 (the "Bonds") for the purpose of financing the Project. The City Council <br />hereby authorizes the issuance and sale of the Bonds in the form and upon the terms <br />established pursuant to this Resolution. <br /> <br /> 3. Sale of the Bonds. It is determined to be in the best interest of the <br />City to accept the offer of the VPSA to purchase from the City, and to sell to the VPSA, <br />the Bonds at a price determined by the VPSA and accepted by the City Manager or the <br />Chief Financial Officer, such price to be not less than 98% of par and not more than <br />103% of par, and upon the terms established pursuant to this Resolution. The City <br />Manager and the Chief Financial Officer, or either of them, and such officer or officers of <br />the City as either of them may designate, are hereby authorized and directed to enter <br />into a Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the <br />VPSA in such form as may be approved by the City Manager ("Bond Sale Agreement"). <br /> <br /> <br />