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029-99 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA APPROVING THE ISSUANCE OF BONDS ON BEHALF OF VALLEY INDUSTRIAL PLASTICS, INC. WHEREAS, the Industrial Development Authority of the County of Frederick, Virginia (the "Authority"), has considered the application of Valley Industrial Plastics, Inc. (the "Company") requesting the issuance of the Authority's industrial revenue bond in an amount not to exceed $1,500,000 (the "Bond") to assist the Company with one or more of the following projects: (I) assisting the Company in acquiring, constructing and equipping a 30,000 square foot new plant facility to be used for custom-injection of plastic products; and (2) assisting the Company in paying a portion of the costs of the issuance ofa tax-exempt bond therefor (collectively, the "Project"). The Project will be located on a portion of the property presently known as 690 Shady Elm Road, Winchester, Virginia; WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the Bond; WHEREAS, the Authority will issue the Bond on behalf ofthe County of Frederick, Virginia (the "County"); the Project will be located in the County, and the Board of Supervisors ofthe County of Frederick, Virginia (the "Board") constitutes the highest elected governmental unit ofthe County; WHEREAS, the Authority held a public hearing on the issuance of the Bond on January 5,1999, and has recommended that the Board approve the issuance of the Bond; and WHEREAS, a copy of the Authority's resolution (the "Resolution") approving the issuance of the Bond, subject to the terms to be agreed upon, a copy of the certificate of publication of the notice of the public hearing, a summary of public comments from such public hearing, and a fiscal impact statement have been filed with the Board, all as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: I. The Board approves the issuance of the Bond by the Authority for the benefit of the Company, as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended ("Virginia Code"), to permit the Authority to assist in the financing of the Project. The County Administrator, Deputy Clerk and any other appropriate officers of the County as may be necessary or convenient, are hereby authorized and directed to execute a request for industrial development bond allocation in order that an application may be filed with the Virginia Small Business Financing Authority for private activity bond authority for this Bond. 2. The approval of the issuance of the Bond does not constitute an endorsement to a prospective purchaser of the Bond of the credit-worthiness of the Project or the Company. CERTIFICATE OF VOTES Record of the roll-call vote by the Board of Supervisors of the County of Frederick, Virginia on a RESOLUTION at a duly held regular meeting of the Board of Supervisors at which a quorum was present held on January 27, 1999. MEMBER AYE NAY ABSTAIN ABSENT MOTION BY SECOND ~ames L. X !Longerbeam ~chard C. X Shickle Margaret B. X ,X Douglas Robert M. Sager X W. Harrington X X Smith, Jr. Charles W. ;< Orndoff, Sr. Date: January 27,1999 '-, / I ! V /",/,. ~ [SEAL] o ATTEST: Secretary CMP/ mmOl16 3. adoption. This Resolution shall remain in effect for a period of one year from the date of its 4. The Bond shall provide that it shall not be deemed to constitute a debt or pledge of the faith and credit or taxing power of the Commonwealth of Virginia, or any political subdivision thereof, including the Authority and the County, and neither the Authority nor the County nor any other political subdivision shall be obligated to pay the principal of, premium, if any, or interest on the Bond or other costs incident thereto, except from the revenues and monies pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia, or any political subdivision thereof, including the Authority and the County, shall be pledged for the payment of principal or premium, if any, or interest on the Bond or other costs incident thereto. This Resolution will take effect immediately upon its adoption. Adopted: January 27,1999 RESOLUTION NO.: 029-99 CMP/mmOl16.WPD