June 22, 1982
<br />
<br />"A RESOLUTION AUTHORIZING THE ISSUANCE OF THREE MILLION TWO HUNDRED THOUSAND
<br />DOLLARS ($3,200,000) PRINCIPAL AMOUNT OF GRANT ANTICIPATION NOTES, SERIES
<br /> OF 1982, OF THE CITY OF PORTSMOUTH, VIRGINIA, FOR THE PURPOSE OF PROVIDING
<br /> MONEYS TO PAY A PORTION OF THE COSTS OF ACQUISITION, CONSTRUCTION AND INSTALLATION
<br /> OF WASTEWATER TREATMENT WORKS OF AND FOR SUCH CITY IN ANTICIPATION OF THE RECEIPT
<br /> OF THE PROCEEDS OF A GRANT DUE TO SUCH CITY FROM THE UNITED STATES OF AMERICA,
<br /> ACTING BY AND THROUGH THE ENVIRONMENTAL PROTECTION AGENCY; FIXING THE FORM OF
<br /> SUCH NOTES AND PROVIDING FOR THE SALE OF SUCH NOTES.
<br />
<br /> WHEREAS, the United States of America, acting by and through the Environmental Protection
<br />Agency (the !'EPA"), has awarded the City of Portsmouth, Virginia (the "City"), a grant in
<br />the amount of $10~872,370 (the "Grant") for the purpose of paying a portion of the costs
<br />of the acquisition, construction and installation of wastewater treatment works of and for
<br />the City (the "Project"); and
<br />
<br /> WHEREAS, the City is empowered under Section 15.1-222 of the Code of Virginia, 1950,
<br />as amended, to. borrow money for the purpose of meeting appropriations made for the then
<br />current year, in anticipation of the collection of the taxes and revenues for such fiscal
<br />year and within the amount of such appropriations; and
<br />
<br /> WHEREAS, the City has appropriated $4,404,O20 during the fiscal year ending June 30,
<br />1983 in anticipation of revenues due to the City in respect of the Grant; and
<br />
<br /> WHEREAS, the City is due to receive approximately $4,404,020 of the Grant during the
<br />fiscal year ending June 30, 1983; and
<br />
<br /> WHEREAS, in the judgment of the Council of the City, it is necessary and expedient to
<br />issue and sell general obligation Grant Anticipation Notes of the City in the principal
<br />amount of Three Million Two Hundred Thousand Dollars ($3,200,000) pursuant to such Section
<br />15.1-222 for the purpose of providing moneys to pay a portion of the costs of the acquisition,
<br />construction and installation of the Project in anticipation of the receipt of revenues
<br />consisting of the proceeds of the Grant; and
<br />
<br /> WHEREAS, the borrowing authorized to be made hereby at the time the same is made will
<br />be for the then current fiscal year, i.e., the fiscal year ending June 30, 1983.
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmout~ Virginia:
<br />
<br /> Section 1. Pursuant to Chapter 5 of Title 15.1 of the Code of Virginia, 1950, as
<br />amended, the same being the Public Finance Act, in particular Section 15.1~222 thereof,
<br />and the Charter of the City, as amended, for the purpose of providing moneyg to pay a
<br />portion of the costs of the Project in anticipation of the receipt by the City of revenues
<br />consisting of the proceeds of the Grant (as defined in the recitals to this Resolution),
<br />there are hereby authorized to be issued Three Million Two Hundred Thousand Dollars ($3,200,000)
<br />principal amount of general obligation revenue anticipation notes of the City to be designated
<br />"City of Portsmouth, Virginia, Grant Anticipation Notes, Series of 1982" (the "Notes").
<br />The Notes shall be dated as of July 1, 1982; shall be issued of the denomination of $
<br />each; shall be numbered from 1 through , both inclusive; shall mature and
<br />become due and payable on'June 30, 1983; and shall bear interest from their date (computed
<br />on the basis of a 360-day year of twelve 30-day months) payable at maturity at the rate of
<br /> per centum ( %) per annum.
<br />
<br /> The Notes shall not be subject to redemption or prepayment prior to their stated
<br />maturity.
<br />
<br /> Section 2. The principal of and interest on the Notes shall be payable in such coin
<br />or, currency of the United States of America as at the respective dates of payment is legal
<br />tender for public and private debts. The principal of and interest on the Notes shall be,
<br />payable at the principal corporate trust office of the Virginia National Bank, in Norfolk,
<br />Virginia, or, at the option of the holder of any Note, at the principal corporate trust
<br />office of The Chase Manhattan Bank, N.A., in New York, New York, as the Paying Agents for
<br />the Notes.
<br />
<br /> Section 3. The Notes shall be and hereby are made payable as follows: (a) the interest
<br />~ ion the Notes from their date to their stated maturity shall be paid from proceeds from the
<br /> sale of the Notes deposited in the Note Repayment Account created and established pursuant
<br /> to, aid to ~e held in trust and administered by the City under, this Resolution; and (b)
<br /> the principal of the Notes~shall be paid from the proceeds of the~ Grant deposited in the
<br /> Note Repayment Account to the extent such proceeds shall exceed $1,204,O20. There shall
<br /> be and hereby is pledged to the payment of the principal of and interest on the Notes as
<br /> the same shall become due the proceeds of the Grant and the proceeds of the Notes on
<br /> deposit in the Construction Account created and established pursuant to, and to be held in ·
<br /> trust and administered by the city under, this Resolution,. until such proceeds shall be expended
<br /> in accordance w~th the provisions of this Resolution. The full faith and credit of the
<br /> City shall be and hereby are irrevocably pledged to the payment of the principal of and
<br /> interest on the Notes as the same become due. In each year while the Notes, or any of
<br /> them, are outs.tanding and unpaid, there shall be assessed, levied and collected, at the
<br /> same time and in the same manner as other taxes in the City are assessed, .levied and
<br /> collected, upon all property within the City subject to taxation by the City, a tax sufficient
<br /> to provide for the payment of the principal of and interest on the Notes as the same
<br /> become due, if the amounts deposited in the Note Repayment Account pursuant to this Resolution
<br /> shall be insufficient to meet the obligations herein set forth.
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