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TUESDAY, DECEMBER 12, 1995 <br /> <br /> its plans to (A) finance the costs of a pro3ect (the "Pro3ect") <br /> consisting of (i) replacing and upgrading all ma3or core electrical <br /> equipment at the Hospital's facility (the "Facility"); (ii) replacing <br /> ~and upgrading the major core mechanical equipment and certain <br />~-~mechanical equipment and electrical accommodations at the Facility; and <br /> (iii) the acquisition of ongoing capital equipment replacements and <br /> additions for use at the Facility; and (B) pay certain costs of <br /> issuance of the Note; and <br /> <br />WHEREAS, the Authority has held a public hearing on the issuance of the <br />Note and the plan of finance for the Project on December 5, 1995; and <br /> <br />WHEREAS, the Authority has requested the City Council (the "Council") <br />of the City of Martinsville, Virginia (the "City"), to approve the <br />financing of the Pro3ect and the issuance of the Note to comply with <br />Section 15.1-1378.1 of the Industrial Development and Revenue Bond Act, <br />as amended (the "Act"), and Section 147(f) of the Internal Revenue Code <br />of 1986, as amended (the "Code"), and recommended that the City, at.the <br />request of the Hospital, designate the Note as a "qualified tax-exempt <br />obligation" under Section 265 of the Code; and <br /> <br />WHEREAS, a copy of the Authority's December 5, 1995, resolution <br />approving the issuance of the Note, a fiscal impact statement and a <br />reasonably detailed summary of the comments made at the December 5, <br />1995, public hearing, have been filed with the Council; and <br /> <br />THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />MARTINSVILLE, VIRGINIA: <br /> <br /> 1. The Council hereby approves the financing of the Project and <br />the issuance of the Note by the Authority for the benefit of the <br />Hospital, to the extent required by Section 15.1-1378.1 of the Act and <br />Section 147(f) of the Code, to permit the Authority to assist in the <br />financing of the Project. <br /> <br /> 2. The City hereby designates the Note as a "qualified tax- <br />exempt obligation" for the purpose of Section 265(b) (3) of the Code. <br />The City hereby represents and covenants as follows: <br /> <br /> (a) The City will in no event designate more than 810,000,000 <br />of obligations as qualified tax-exempt obligations in calendar <br />year 1995, including the Note, for the purpose of Section 265(b) <br />(3) of the Code. <br /> <br /> (b) The City, all its "subordinate entities" (within the <br />meaning of Section 265(b) (3) of the Code), and all entities that <br />issue tax-exempt obligations on behalf of the City and its <br />subordinate entities, together, have not issued more than <br />$10,000,000 of tax-exempt obligations in calendar year 1995 (not <br />including "private activity bonds" as defined in Section 141 of <br />the Code other than "qualified 501(c) (3) bonds" as defined in <br />Section 145 of the Code), including the Note. <br /> <br /> (c) Barring circumstances unforeseen as of the date of <br />delivery of the Note, the City will not issue tax-exempt <br />obligations itself or approve the issuance of tax-exempt <br />obligations of any such other entities if the issuance of such <br />tax-exempt obligations would, when aggregated with all other tax- <br /> <br /> <br />