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20030513 r-03-17 RESOLUTION NO. R-03-17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFAX, VIRGINIA, FOR THE CATHOLIC DIOCESE OF ARLINGTON WHEREAS, the Catholic Diocese of Arlington (the "Diocese") has requested the Industrial Development Authority of the County of Prince William (the "Issuer") to issue its revenue bonds (the "Bonds") under the Industrial Development and Revenue Bond Act, as amended (the "Act"), to finance or refinance costs incurred in connection with the construction, equipping and furnishing of (1) a new high school in Prince William County, Virginia to be located in either the Woodbridge Magisterial District on Cherry Hill road, west of the Apple Lane Intersection, or, alternatively, in the Dumfries Magisterial District, two miles west of Interstate 95 on Route 234, slightly east of the intersection with Country Club Drive, and (2) additions and renovations to the Paul VI Catholic High School located at 10675 Lee Highway, in the City of Fairfax, Virginia, including the purchase of a single detached private home adjacent to the Paul VI Catholic High School (collectively, the "Project"), and to pay other coasts of the Project; and WHEREAS, the Diocese has requested the City Council of the City of Fairfax, Virginia (the "City Council"), to approve the issuance of the Bonds to comply with Section 15.2-4905 of the Virginia Industrial development and Revenue Bond Act, as amended (the "Act"); and WHEREAS, a copy of the Issuer's resolution of April 7, 2003, approving the issuance of the Bonds has been filed with the City Council; and WHEREAS, Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), requires in this case that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of the Bonds is located approve the issuance of such bonds; and WHEREAS, the Industrial Development Authority of the City of Fairfax, Virginia (the City of Fairfax Authority"), on April 24, 2003, held a public hearing on the issuance of the Bonds; and WHEREAS, the City of Fairfax Authority has recommended that the City Council approve the issuance of the Bonds to comply with Section 147(0 of the Code; and WHEREAS, a copy of the City of Fairfax Authority's resolution of April 24, 2003, recommending the issuance of the Bonds, a record of the public heating and a fiscal impact statement with respect to the issuance of the Bonds have been fled with the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, VIRGINIA: The City Council hereby approves the issuance of the Bonds by the Issuer to the extent required by Section 147(0 of the Code and Section 15.2-4906 of the Virginia Code, and concurs with the resolution adopted by the Issuer on April 7, 2003, to the extent required by Section 15.2-4905 of the Act. The approval of the issuance of the Bonds does not constitute an endorsement of the Bonds or the creditworthiness of the Diocese. As required by Section 15.2-4909 of the Act, the Bonds shall provide that neither the City of Fairfax, Virginia, nor the City of Fairfax Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia, the City of Fairfax, Virginia, or the City of Fairfax Authority shall be pledged thereto. This Resolution shall take effect immediately upon its adoption. Adopted this 13th day of May 2003. / Datte ATTEST: The vote on the motion to adopt the resolution is recorded as follows: Councilwoman Cross Councilman Greenfield Councilwoman Lyon Councilman Rasmussen Councilman Silverthome Councilwoman Winter Vote Aye Aye Aye Aye Aye Aye