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Notice, a Summary of Statements at the Public Hearing, and a copy of the Authority's authorizing <br />• resolution (the "Resolution") approving the issuance of the Bond, subject to the terms to be agreed <br />upon, have been filed with the City Council as required by law. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF CHARLOTTESVILLE, VIRGINIA: <br />1. Approval of Authority's Issuance of Bond For Benefit of IPI. The City Council <br />concurs with the Resolution and approves the Project and the issuance of the Bond by the Authority <br />for the benefit of IPI. <br />2. No Endorsement to Bond Purchasers. The approval of the issuance of the Bond does <br />not constitute an endorsement to prospective purchasers of the Bond or the creditworthiness of the <br />Project or IPI. <br />3. No Full Faith and Credit Pledge. The Bond shall provide that it shall not be deemed <br />to constitute a debt or pledge of the faith and credit or taxing power of the Commonwealth of <br />Virginia, or any political subdivision thereof, including the Authority and the City, and neither the <br />Authority nor any other political subdivision shall be obligated to pay the principal of, premium, if <br />any, or interest on the Bond or other costs incident thereto, except from the revenues and monies <br />pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of <br />Virginia, or any political subdivision thereof, including the Authority and the City, shall be pledged <br />• for the payment of principal or premium, if any, or interest on the Bond or other costs incident <br />thereto. <br />4. "Bank -Qualified" Designation Matters. <br />A. Deemed "Bank -Qualified" Designation - Refunding Portion of Bond: It is to <br />be understood that bond counsel for the Bonds has advised the City that such allocable portion of <br />the Bond that shall refinance and refund the outstanding amount of the Prior Bonds (the "Refunding <br />Portion") has previously been designated by the Authority as "bank -qualified", and accordingly, shall <br />be deemed designated for purposes of Section 265(b)(3)(D) of the Internal Revenue Code of 1986, as <br />amended (the "Code") regarding the $10,000,000 small issuer exemption thereof. Accordingly, <br />such portion of the Bonds allocable to the Refunding Portion (to retire the Prior Bonds) will not be <br />taken into account in determining the status of the City (including any subordinate entities thereof) as <br />a qualified small issuer for the calendar year 2002 pursuant to Section 265(b)(3)(C)(ii)(p of the <br />Code. <br />B. "Bank Qualified" Designation as to New Money Portion of Bonds: As to the <br />New Money Portion of the Bonds, the City hereby approves the Authority's designation of the New <br />Money Portion of the Bonds as "bank -qualified" under the Code. In such regard, the City does not <br />reasonably anticipate having more than $10,000,000 in qualified tax-exempt obligations during <br />calendar year 2002 and the City, including any subordinate entities thereof, do not reasonably <br />0 2 <br />