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November 14, 2000 <br /> <br />having jurisdiction over the issuer of revenue bonds and over the <br />area in which any facility financed with the proceeds of revenue <br />bonds is located must approve the issuance of the bonds; and <br />WHEREAS, the Authority issues its bonds on behalf of the City of <br />Martinsville, Virginia (the "City"), the Facility is to be located in the <br />City, and the City Council is constituted of the highest elected <br />governmental officials of the City; and <br />WHEREAS, the Authority recommends that the City Council <br />approve the issuance of the Bonds; and <br />WHEREAS, copies of the Authority's Inducement Resolution, the <br />Company's Fiscal Impact Statement, a certificate of the public <br />hearing and a detailed summary of the comments expressed at the <br />public hearing have been filed with the City Council. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the <br />City of Martinsville, Virginia: <br />1. The City Council approves the issuance of the Bonds in an <br />aggregate principal amount not to exceed $6,500,000 by the <br />Authority for the benefit of the Company, as required by <br />Section 147(0 of the Code, to permit the Authority to assist <br />in the financing of the Facility. <br />2. The approval of the issuance of the Bonds, as required by <br /> Section 147(0 of the Code, does not constitute an <br /> endorsement to a prospective purchaser of the Bonds of the <br /> Bonds or of the credit worthiness of the Facility or the <br /> Company, and, as required by Section 15.2-4909 of the <br /> Code of Virginia of 1950, as amended, the Bonds shall <br /> provide that neither the City nor the Authority shall be <br /> obligated to pay the Bonds or the interest thereon or other <br /> costs incident thereto except from the revenues and monies <br /> pledged therefor and neither the faith or credit nor the taxing <br /> power of the Commonwealth, the City nor the Authority shall <br /> be pledged thereto. Any purchaser of the Bonds shall agree <br /> to purchase such Bonds at their sole dsk and shall <br /> acknowledge that no representation of any kind has been <br /> made to the purchaser by either the City or the Authority. <br /> The approval provided by this resolution is solely for federal <br /> tax purposes, as requested by the Company. <br />3. The City Council hereby agrees to apply to the Virginia Small <br /> Business Financing Authority to request an allocation of up <br /> to $6,500,000 of the State Ceiling for the Bonds, subject to <br /> availability, pursuant to the Virginia Industrial Development <br /> Revenue Bond Act, and directs the City Manager or other <br /> appropriate representative to prepare and file an application <br /> therefor as promptly as practicable. <br />4. This Resolution shall take effect immediately upon its <br /> adoption. <br /> <br /> <br />