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policies are good and its debt will continue to be managed in strict <br />compliance with law; (v) the increase in taxes, if any, necessary to meet the <br />sums to fall due under the Contract will not be excessive; and (vi) the <br />County is not in default regarding any of its debt service obligations. <br /> <br /> Section 2. As required by Section 160A-20 of the North Carolina <br />General Statutes, as amended, a public hearing shall be held by the Board of <br />Commissioners on May 19, 2003 at 6:30 p.m., or as soon thereafter as <br />practicable, in the Commissioner's Meeting Room in the Cabarrus County <br />Governmental Center in Concord, North Carolina, concerning the proposed <br />execution of an installment financing contract and related documents, the <br />proposed financing of the Project and any other transactions associated <br />therewith. The Clerk to the Board of Commissioners is directed to cause a <br />notice of such public hearfng, substantially in the form attached hereto as <br />Exhibit A, to be published once in a qualified newspaper of general <br />circulation within the County not less than 10 days prior to said public <br />hearing. <br /> <br /> Section 3. The appropriate officers of the County are hereby authorized <br />and directed to do any and all things necessary, appropriate or convenient to <br />effectuate the foregoing and the proposed plan of financing, including <br />without limitation filing an application with the North Carolina Local <br />Government Commission seeking approval of the plan of financing, the <br />publication of any required notices related thereto, consideration and <br />negotiation of proposals from one or more underwriters regarding the proposed <br />plan of financing and the consideration and negotiation of the terms of the <br />proposed plan of financing and the relevant legal documentation. <br /> <br /> Section 4. ~his Resolution shall become effective immediately upon its <br />adoption. <br /> <br /> Thereupon, upon motion of Commissioner Privette, seconded by Vice <br />Chairman Suggs, the foregoing resolution entitled "RESOLUTION RELATING TO <br />INSTALLMENT CONTRACT FINANCING FOR PUBLIC SCHOOL PROJECTS IN AN AGGREGATE <br />PRINCIPAL AMOUNT UP TO $45,000,000; THE EXECUTION AND DELIVERY BY THE <br />CABARRUS COUNTY DEVELOPMENT CORPORATION OF CERTIFICATES OF PARTICIPATION <br />RELATED THERETO AND CALLING REQUIRED PUBLIC HEARING" was adopted and passed <br />by the following vote: <br /> <br /> AYES: Commissioners Carpenter, Carruth and Privette, Vice Chairman <br />Suggs and Chairman Freeman <br /> NOES: None <br /> <br /> EXHIBIT A <br />NOTICE OF PUBLIC HEARING <br /> <br /> NOTICE IS HEREBY GIVEN that the Board of County Commissioners (the <br />"Board") of the County of Cabarrus, North Carolina (the "County"), will <br />conduct a public hearing on May 19, 2003 concerning the execution and <br />delivery of an installment financing contract (the "Contract") to finance all <br />or a portion of the costs of acquiring real property, constructing and <br />equipping new public school facilities, including two new elementary schools <br />and one new middle school, expansion of two existing elementary school <br />facilities, various real and personal property improvements related to the <br />foregoing and a portion of the interest to accrue under the installment <br />financing contract during the construction period(collectively the ~2003 <br />Project"). <br /> <br /> The plan of financing for the 2003 Project involves the entry by the <br />County into the Contract with a third party who will provide the County with <br />up to $45,000,000 pursuant to the terms of the Contract, which amount will be <br />applied to finance costs of the 2003 Project. The County's obligations to <br />such third party supplying financing are authorized by North Carolina General <br />Statutes Section 160A-20 and will be secured by a lien upon or security <br />interest in all or some portion of the 2003 Project and in all or some <br />portion of the real property on which the 2003 Project will be located. <br /> <br /> The obligation of the County under the Contract will not be deemed to <br />be a pledge of the faith and credit of the County within the meaning of any <br />constitutional debt limitation and the Contract will not directly or <br />indirectly or contingently obligate the County to make any payments beyond <br />those appropriated in the sole discretion of the County for any fiscal year <br />in which such Contract is in effect. No deficiency judgment may be rendered <br />against the County in any action for breach of such Contract and the taxing <br /> <br /> <br />