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May 18, 2009 (Regular Meeting) Page 1382 details of the financing of the 2009 Project, including, without limitation, the amount advanced under the Contract and the aggregate principal amount of the 2009 Certificates (which shall not exceed $100,000,000), the maturities, the principal amounts and the interest amounts of the Installment Payments and the 2009 Certificates, which interest amounts (calculated with respect to the 2009 Certificates) shall not exceed 8.0~ per annum on an effective interest cost basis, the prepayment terms and prices (which shall not exceed 1038 of the principal amount being prepaid) and the Underwriters' discount (exclusive of any original issue discount) (which shall not exceed 2.Og of the principal amount of the 2009 Certificates). Execution of the Contract by the Chairman of the Board of Commissioners or the County Manager shall conclusively evidencesuch approval of all such details of said financing. Section 8. The Chairman of the Board of Commissioners, the County Manager, the Director of Finance and the County Attorney are hereby authorized to take any and all such further action, including approval of modifications to the Financing Documents, and to execute and deliver for and on behalf of the County such other documents and certificates (including, without limitation, agreements with securities depositories, financing statements, appropriate tax certificates and agreements and other documents and agreements (including repurchase agreements) relating to the investment of the proceeds from the execution and delivery of the Contract) as they may deem necessary or advisable to carry out the intent of this resolution and to effect the financing pursuant to the Contract and the other Financing Documents. The County Clerk is hereby authorized to affix the seal of the County to such documents and certificates as may be appropriate and to attest to the same and to execute and deliver the same as may be needed. In addition, said officers are hereby authorized to cooperate with the Underwriters in preparing and filing such filings under state securities or "blue sky" laws (including special consents to service of process) as the Underwriters may request and as the Chairman of the Board of Commissioners, the County Manager or the Director of Finance shall determine. Section 9. The County covenants that, to the extent permitted by the Constitution and laws of the State of North Carolina, it will do and perform all acts and things to comply with the requirements of the Internal Revenue Code of 1986, as amended (the "Code"), in order to assure that interest paid with respect to the 2009 Certificates will not be includable in the gross income of the owners thereof for purposes of federal income taxation, except to the extent that the County obtains an opinion of bond counsel to the effect that noncompliance would not result in interest with respect to the 2009 Certificates being includable in the gross income of the owners of the 2009 Certificates for purposes of federal income taxation. Section 10. This Resolution shall become effective immediately upon its adoption. Thereupon, upon motion of Commissioner Poole, seconded by Commissioner Mynatt, the foregoing resolution entitled "RESOLUTION APPROVING INSTALLMENT CONTRACT FINANCING FOR VARIOUS PUBLIC SCHOOL PROJECTS IN AN AGGREGATE PRINCIPAL AMOUNT UP TO $100,000,000 AND THE EXECUTION AND DELIVERY BY THE CABARRUS COUNTY DEVELOPMENT CORPORATION OF CERTIFICATES OF PARTICIPATION RELATED THERETO, AUTHORIZING THE EXECUTION AND DELIVERY OE RELATED DOCUMENTS IN CONNECTION THEREWITH, AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS" was adopted and passed by the following vote: AYES: Chairman White, Vice Chairman Mynatt and Commissioners Carruth, Poole, and Privette. NOES: None. Note: Prior to the adoption of the resolution, the Board held a short discussion. (G-3) Finanea - Presentation of the Proposed FY 2010 Cabarrus County Bud et John Day, County Manager, reported the proposed FY 2010 Cabarrus County Budget presented to the Board of Commissioners is less than the one adopted last year. He stated the proposed budget is $199.5 million and does not increase the tax rate this year. He also stated staff will be available during the Budget Workshops scheduled for May 19, 20, and 21, 2009 to answer any questions Commissioners may have. UPON MOTION of Commissioner Carruth, seconded by Commissioner Poole and unanimously carried, the Board scheduled a public hearing on the Proposed FY 2010 Cabarrus County Budget on June 15, 2009 at 6:30 p.m.