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August 21, 2017 (Regular Meeting) Page 3279 <br /> of municipal bond insurance with respect to all or a portion of the 2017 Limited <br /> Obligation Bonds; and the use thereof by the Underwriters and/or Placement <br /> Agents in connection with the public offering and sale or private placement of <br /> the 2017 Limited Obligation Bonds is hereby authorized. Each of the Chairman <br /> of the Board of Commissioners or the County Manager is hereby authorized to <br /> execute and deliver in the name and on behalf of the County the final Official <br /> Statement in substantially such form, with such changes, insertions and <br /> omissions, including but not limited to changes, insertions or omissions related <br /> to a private placement of all or a portion of the 2017 Limited Obligation Bonds, <br /> or related to obtaining a policy of municipal bond insurance with respect to <br /> all or a portion of the 2017 Limited Obligation Bonds, as the person executing <br /> the final Official Statement may approve, the execution and delivery of the <br /> final Official Statement to constitute conclusive evidence of such approval. <br /> Section 7. Each of the Chairman of the Board of Commissioners, the County <br /> Manager and the Director of Finance are authorized to approve all details of <br /> the financing of the Projects, including, without limitation, the amount <br /> advanced under the Contract (s) and the aggregate principal amount of any <br /> Certificates and/or Bonds (which shall not exceed $128, 105, 000) , the maturities, <br /> the principal amounts and the interest amounts (if any) of the Installment <br /> Payments and any Certificates and/or Bonds, which interest amounts (calculated <br /> with respect to any Certificates and/or Bonds) shall not exceed 6.5% per annum <br /> on an effective interest cost basis, the prepayment terms and prices (which <br /> shall not exceed 103% of the principal amount being prepaid) and the <br /> Underwriters' discount (exclusive of any original issue discount) or Placement <br /> Agents' compensation (which shall not exceed 2.0% of the principal amount of <br /> any Certificates and/or Bonds) . Execution of the Contract (s) by the Chairman <br /> of the Board of Commissioners or the County Manager shall conclusively evidence <br /> such approval of all such details of said financing. <br /> Section 8. The Chairman of the Board of Commissioners, the County <br /> Manager, the Director of Finance and the County Attorney are hereby authorized <br /> to take any and all such further action, including approval of modifications to <br /> the Financing Documents, and to execute and deliver for and on behalf of the <br /> County such other documents and certificates (including, without limitation, <br /> agreements with securities depositories, financing statements, one or more <br /> contracts of purchase or purchase agreements, one or more placement agreements, <br /> one or more private placement agreements or other offering documents or <br /> memoranda, tax certificates and agreements and other documents and agreements <br /> (including repurchase agreements) relating to the investment of the proceeds <br /> from the execution and delivery of the Contract(s) ) as they may deem necessary <br /> or advisable to carry out the intent of this resolution and to effect the <br /> financing pursuant to the Contract (s) and the other Financing Documents. The <br /> Interim County Clerk is hereby authorized to affix the seal of the County to <br /> such documents and certificates as may be appropriate and to attest to the same <br /> and to execute and deliver the same as may be needed. In addition, said officers <br /> are hereby authorized to cooperate with the Underwriters in preparing and filing <br /> such filings under state securities or "blue sky" laws (including special <br /> consents to service of process) as the Underwriters may request and as the <br /> Chairman of the Board of Commissioners, the County Manager or the Director of <br /> Finance shall determine. <br /> Section 9. The Finance Director shall prepare and file a sworn statement <br /> of debt with the LGC and the Interim Clerk to the Board in accordance with North <br /> Carolina General Statutes Section 159-150. <br /> Section 10. The County covenants that, to the extent permitted by the <br /> Constitution and laws of the State of North Carolina, it will do and perform <br /> all acts and things to comply with the requirements of the Internal Revenue <br /> Code of 1986, as amended (the "Code") , in order to assure that interest paid <br /> with respect to the 2017 Limited Obligation Bonds will not be includable in the <br /> gross income of the owners thereof for purposes of federal income taxation, <br /> except to the extent that the County obtains an opinion of bond counsel to the <br /> effect that noncompliance would not result in interest with respect to the 2017 <br /> Limited Obligation Bonds being includable in the gross income of the owners of <br /> the 2017 Limited' Obligation Bonds for purposes of federal income taxation. <br /> Section 11. This Resolution shall become effective immediately upon its <br /> adoption. <br /> Thereupon, upon motion by Commissioner F. Blake Kiger, seconded by <br /> Commissioner Lynn W. Shue, the foregoing resolution entitled "RESOLUTION <br /> APPROVING INSTALLMENT CONTRACT FINANCING FOR VARIOUS PUBLIC PROJECTS IN AN <br /> AGGREGATE PRINCIPAL AMOUNT UP TO $128,105, 000 AND THE EXECUTION AND DELIVERY BY <br /> THE CABARRUS COUNTY DEVELOPMENT CORPORATION OF CERTIFICATES OF PARTICIPATION <br /> AND/OR LIMITED OBLIGATION BONDS RELATED THERETO, AUTHORIZING THE EXECUTION AND <br />