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R-12-70 RESOLUTION NO. R-12-70 RESOLUTION APPROVING THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF PRINCE WILLIAM OF EDUCATION FACILITIES REVENUE REFUNDING BONDS IN AN AMOUNT NOT TO EXCEED $24,000,000 FOR THE BENEFIT OF THE CATHOLIC DIOCESE OF ARLINGTON WHEREAS, the Industrial Development Authority of the County of Prince William (the "Authority") has considered the application of The Catholic Diocese of Arlington (the "Diocese") requesting the issuance of the Authority's educational facilities revenue refunding bonds in the principal amount of up to $24,000,000 (the "Bonds") to assist the Diocese in refunding the outstanding principal amount of the Authority's Educational Facilities Revenue Bonds (The Catholic Diocese of Arlington), Series 2003 (the "2003 Bonds"), which bonds were issued to finance the following (together, the "Project"): (A) costs incurred in connection with the construction, equipping and furnishing of(1) a new high school in Prince William County, known as Pope John Paul the Great High School, located at 17700 Dominican Drive, Dumfries, Virginia, and comprising a facility with one three-story building of approximately 207,000 square feet capable of serving 1,000 students (with the option of expansion to 1,500 students), and (2) additions and renovations to Paul VI Catholic High School, located at 10675 Fairfax Boulevard, Fairfax, Virginia, including the purchase of a single detached private home adjacent to Paul VI Catholic High School, and (B) certain costs of issuance of the 2003 Bonds; WHEREAS, the Authority held a public hearing thereon on November 5, 2012 on behalf of the Board of Supervisors of Prince William County, Virginia (the "County") and the City Council(the"City Council") of the City of Fairfax,Virginia(the"City"), and has requested that the City Council approve the refinancing of the Project and the issuance of the 2012 Bonds as and to the extent required by Section 15.2-4905 of the Code of Virginia of 1950, as amended (the "Virginia Code") and Section 147(f) of the Internal Revenue Code of 1986, as amended(the "Tax Code"), applicable to the issuance of tax-exempt bonds; and WHEREAS, the Authority has delivered to the City Council the following: (1) a copy of the Notice of Publication to advertise the holding of the public hearing; (2)a Summary of Public Comments expressed at the public hearing; (3) a Fiscal Impact Statement in the form specified in Section 15.2-4907 of the Virginia Code; and (4) a copy of the authorizing resolution of the Authority adopted on November 5, 2012 (the "Authority Resolution"), which constitutes the recommendation of the Authority that the City Council approve the refinancing of the Project and the issuance of the Bonds; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX,VIRGINIA: 1. The City Council approves the refinancing of the Project and the issuance of the Bonds by the Authority for the benefit of the Diocese for all purposes for which such approval is required, including without limitation, Sections 15.2-4905 and 15.2-4906 of the Virginia Code and Section 147(f) of the Tax Code, to permit the Authority to assist in the refinancing of the Project. The t the refinancing approves of and concurs with the Authority Resolution with respect and the issuance of the Bonds. 2. The concurrence with the Authority Resolution and the app o the creditworthiness the issuance f the Bonds does not constitute an endorsement of t of the Diocese or otherwise indicate that the Project possesses any economic viability. The Bonds shall provide that neither the Commonwealth of Virginia(the "Commonwealth") nor any political subdivision thereof, including the County, the Authority and the City, shall be obligated to pay the principal of or interest on the Bonds or other costs incident thereto except from the revenues and receipts pledged therefore. Neither the faith and credit nor the taxing power of the Commonwealth or any of its political subdivisions, including the Authority, the County and the City, is pledged to the payment of principal of, premium, if any, or interest on the Bonds or other costs incident to them. 3. This Resolution shall take effect immediately upon its adoption. Adopted: November 27, 2012 Mayor Z/3i Date ATTEST: L., _ City Clerk The vote on the motion to approve was recorded as follows: VOTE: Councilman DeMarco Aye Councilman Drummond Aye Councilman Greenfield Absent Councilman Meyer Aye Councilmember Schmidt Aye Councilman Stombres Aye