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40 RESOLUTION OF THE CITY COUNCIL OF THE <br />CITY OF CHARLOTTESVILLE, VIRGINIA <br />WHEREAS, the Industrial Development Authority of the City of Charlottesville, Virginia <br />("Authority"), has been asked by Region Ten Community Services Board, Inc. ("Company") to <br />approve the issuance of revenue bonds by the Industrial Development Authority of Albemarle <br />County, Virginia ("Albemarle Authority") in an amount not to exceed $5,000,000 ("Bonds") to <br />assist the Company in refinancing and financing the projects (collectively the "Project") listed on <br />Exhibit A, and has held a public hearing on July 20, 1999; <br />WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the <br />"Code"), provides that the governmental unit having jurisdiction over the issuer of private <br />activity bonds and over the area in which any facility financed with the proceeds of private <br />activity bonds is located must approve the issuance of the bonds; <br />WHEREAS, Section 15.2-4906 of the Industrial Development and Revenue Bond Act, <br />Chapter 49, Title 15.2, Code of Virginia of 1950, as amended ("Act"), provides that if a locality <br />has created an industrial development authority, no industrial development authority created by <br />an second locality may finance a facility located in the first locality unless the governing body of <br />such first locality concurs with the inducement created by the second locality; <br />40 WHEREAS, the City Council of the City of Charlottesville, Virginia ("Council") has <br />created an industrial development authority, a portion of the Project is located in the City of <br />Charlottesville, Virginia ("City") and the Council constitutes the highest elected governmental <br />unit of the City; <br />WHEREAS, the Authority has recommended that the Council approve the issuance of the <br />Bonds; and <br />WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, as <br />well as a copy of the Albemarle Authority's resolution approving the issuance of the Bonds, <br />subject to the terns to be agreed upon, a certificate of the public hearing and a Fiscal Impact <br />Statement have been filed with the Council. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF CHARLOTTESVILLE, VIRGINIA: <br />1. The Council concurs with the resolution adopted by the Albemarle Authority and <br />approves the issuance of the Bonds by the Albemarle Authority for the benefit of the Company, <br />as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, <br />as amended ("Virginia Code"). <br />2. The approval of the issuance of the Bonds does not constitute an endorsement to a <br />prospective purchaser of the Bonds of the creditworthiness of the Project or the Company. <br />