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2011-10-07 Apprv Assign Funds to be rcvd TICRC12ESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF I'ITTSYLVANIA, VIRGINIA APPROVING AN ASSIGNMENT OF FUNDS TO BE RECEIVED FROM THE VIRGINIA TOBACCO INDEMNIFICATION AND COMMUNITY REVITALIZATION COMMISSION 2011-10-07 WHEREAS, County of Pittsybania, Virginia (the "County") and the City of Danville, Virginia (the "City") are jointly developing an industrial park to be owned by the Danville-Pittsylvania Regional Industrial Facility Authority (the "Authority"), to attract industries and promote economic development; and WHEREAS, the County and the City desire, in conjunction with the Authority, to finance, as part of the development of the industrial park,`land acquisition and related capital expenditures (the "Project"); and ' WHEREAS, the Authority riow proposes"~to undertake the financing of the Project, including necessary expenses incidental thereto;,by the issuance ofits fixed rate bonds in an aggregate principal amount not to'exceed~'$13,700,000 (the "Bonds"); and _r~,-y. !WHEREAS; tKe'pi•iricipal of, premium, if'ariy, and interest on, the Bonds and other costs relating to the; issuance thereof (collectively, the "Debt Service") are to be paid by the Authority from funds that are subject to appropriation in each fiscal year~by the County and the City, with the City and the County each being responsible for one-half of such Debt Service; and t===-; - ~ ,WHEREAS, the Virginia Tobacco Indemnification and Community Revitalization Commission (the "Commission") has adopted a Resolution '(the "Grant Resolution") stating its intent to allocate and pay $2,901,987.50 to the City (tfie,"City Grant") and $2,901,987.50 to the County (the "County_Granf.') for the payment of a portion of the Debt Service; and WHEREAS, in connection with its purchase of the Bonds, Davenport & Company I,I.C desires that the use of the City Grant by the City and of the County Grant by the County for the payment of Debt Service as provided for in the Grant Resolution be formalized in an Assignment Agreement, dated as of November 1, 2011 (the "Assignment Agreement"), among the City, the County, the Authority and the bond trustee; and WHEREAS, the Assignment Agreement has been presented to the Board of Supervisors of the County (the "Board") in substantially final form; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF PITTSYLVANIA, VIRGINIA: 1. Form and Authorization of Assignment Agreement. The Assignment Agreement is hereby approved, with such variations, insertions, changes or deletions (including without limitation changes to the date thereof) as may be approved by the Chairman or the Vice Chairman of the Board or the County Administrator. 1'he execution and delivery of the Assignment Agreement are hereby authorized. Z. Execution and Delivery of Assignment Agreement. The Chairman and the Vice Chairman of the Board and the County Administrator, any of whom may act, are each authorized and directed to execute the Assignment Agreement on behalf of the County. The Clerk and Deputy Clerk of the Board of the County, either of whom may act, are each authorized and directed to affix the seal of the County to the Assignment Agreement (if required), attest the seal (if required) and deliver the Assignment Agreement to the other parties thereto. 3. Further Actions. 'fhe Chairman and the Vice Chairman of the Board and other ofticers and agents of the County, including the County Administrator and the Finance Director, are authorized and directed to take such further actions as they deem necessary regarding the execution and d'elive'ry"of the Assigmnerit' Agreement, including, without limitation, the execution=and delivery of any closing documents arid,certificates relating thereto. All such actions previously-taken by the Chairman, Vice Chairman or such ofticers and agents are hereby approved,'ratified and confirmed. ~ ~ • - - _i , 4: , Limitation of.Liabiliiy of Officials ofthe'County. No covenant, condition, agreement or obligation contained•hereinsFiall.be deemed to be a covenant, condition, agreement or obligation of an officer„einployee~o"r agent of the"",County in~his;or-her individual capacity, and no officer of the County executing the Assfgnment~Agreement shall be liable personally on the Assignment Agreement or be subject to any personal liability or accountability by reason of the execution and delivery thereof. w= d ~- 5. Effective Date. "fhis Resolution shall take effect immediately. -2- CF,RTIFICATE 'fhe undersigned Clerk of the Board of Supervisors of the County of Pittsylvania, Virginia, does hereby certify that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board oP Supervisors held on October 18, 2011, and of the whole thereof so tar as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing Resolution, a quonim was present. "1'hc vote of the members of the Board of Supervisors upon the foregoing Resolution was as follows: Member Present/Absent Vote Tim R. Barber Yes Yes James Snead Yes .- Yes . Fred M. Ingram ~ , ., '" ' Yes~:~ ~~ Yes r. ' ; `i Coy E. Harville' ~ -s •.-, r !i Yes , 1 Yes Marshall A. Ecker Yes Yes William H. Pritchett Yes Yes Henry A. Davis, Jr. yes Yes ~ WITNESS MY HANll and the seal ofthe County of Pittsylvania, Virgi nia, this~ day of October, 201 L ~ Clerk, Board of Pittsylvania, V of the f~"ounty of -3-