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5 <br /> <br />Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), and <br />Section 15.2-4906 of the Code of Virginia of 1950, as amended (the “Virginia Code”), <br />provide that the highest elected governmental unit of the locality having jurisdiction over <br />the issuer of private activity bonds and over the area in which any facility financed with <br />the proceeds of private activity bonds is located must approve the issuance of the bonds. <br />The Authority issues its bonds on behalf of the City. The City Council of the City (the <br />“Council”) constitutes the highest elected governmental unit of the City. Some of the <br />Projects are located in the City, and some are located in the County. Thus, the Board of <br />Supervisors of the County, as the highest elected governmental unit over the area in <br />which some of the Projects are located, must also approve the bond issue, which it is <br />scheduled to consider on December 6, 2006. <br /> <br />Following the public hearing held by the Authority on November 14, 2006, the Authority <br />adopted a resolution (the “Inducement Resolution”) in which it recommended and <br />requested that the Council approve of the issuance of the Bonds by the Authority. A <br />copy of the Inducement Resolution, a brief summary of the Authority's public hearing, <br />and the Foundation's Fiscal Impact Statement have been filed with the Council. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL <br />OF THE CITY OF CHARLOTTESVILLE, VIRGINIA: <br /> <br />1. The recitals made in the first paragraph of this Resolution above are <br />hereby adopted as part of this Resolution. <br /> <br />2. The Council approves the issuance of the Bonds by the Authority in a <br />principal amount now estimated to be $170,000,000 for the benefit of the Foundation, as <br />required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code, to <br />permit the Authority to assist in the financing and refinancing of the Projects. <br /> <br />3. The approval of the issuance of the Bonds does not constitute an <br />endorsement to a prospective purchaser of the creditworthiness of the Projects or the <br />Foundation, and, as required by Section 15.2-4909 of the Virginia Code, the Bonds shall <br />provide that neither the City nor the Authority shall be obligated to pay the Bonds or the <br />interest thereon or other costs incident thereto except from the revenues and moneys <br />pledged therefor, and neither the faith and credit nor the taxing power of the <br />Commonwealth of Virginia nor any political subdivision thereof, including the City and <br />the Authority, shall be pledged thereto. <br /> <br />4. The Council finds that the Projects to be financed or refinanced satisfy <br />the criteria for the financing of projects by the Authority contained in the City code. <br /> <br />5. This resolution shall take effect immediately upon its adoption. <br /> <br />RESOLUTION <br />h. : Authorizing $41,116 from Percent for Art Fund to <br />Historical Society for the Preservation of Frances Brand <br />Artwork <br /> <br />BE IT RESOLVED <br />by the City Council of the City of Charlottesville, Virginia that the <br />sum of $41,116 is hereby paid from the Percent for Art Program account in the Capital <br />Improvement Fund (Fund 425, Funded Program P-00180) to the Albemarle <br />Charlottesville Historical Society to support The Brand Art Project. <br /> <br />ORDINANCE <br />i . : “AN ORDINANCE TO AMEND AND REORDAIN <br /> SECTIONS 15-36 AND 15-38 OF CHAPTER 15 (MOTOR VEHICLES AND <br /> TRAFFIC), OF THE CHARLOTTESVILLE CITY CODE, 1990, AS AMENDED, <br />nd <br /> RELATING TO PRORATION OF VEHICLE LICENSE FEES” (2 reading) <br /> <br />ORDINANCE <br />j. : “AN ORDINANCE TO AMEND AND REORDAIN THE <br /> CODE OF THE CITY OF CHARLOTTESVILLE, VIRGINIA (1990) AS <br /> AMENDED, CHAPTER 14 (LICENSES) AND CHAPTER 30 (TAXATION) TO <br /> INCORPORATE CHANGES TO THE BPOL LICENSE AND OTHER TAXES, AS <br /> <br />