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May 19, 2008 (Regular Meeting) Page 830
<br />NORTH CAROLINA
<br />CABARRUS COUNTY
<br />RESOLUTION CONFIRMING THE CREATION OF
<br />THE CABARRUS COUNTY TOURISM AUTHORITY AND
<br />AGREEMENT TO PROVIDE
<br />FINANCIAL AND ACCOUNTING SERVICES THEREFORE
<br />THIS RESOLUTION AND AGREEMENT, made and entered into as of the 1s` day
<br />of July, 1999, by and between CABARRUS COUNTY, a corporate body politic and
<br />subdivision of the State of North Carolina (hereinafter referred to as the
<br />"COUNTY"); and THE CABARRUS COUNTY TOURISM AUTHORITY, a public
<br />instrumentality organized and existing pursuant to Chapter 658 of the Session
<br />Laws of North Carolina, 1989 session (hereinafter referred to as the "TOURISM
<br />AUTHORITY");
<br />WITNESSETH: that -
<br />WHEREAS, pursuant to Chapter 658 of the 1989 Session Laws of the North
<br />Carolina General Assembly, the General Assembly of North Carolina authorized
<br />Cabarrus County to create the TOURISM AUTHORITY and to levy a room occupancy
<br />tax after a public hearing; and
<br />WHEREAS, on August 21, 1989, after ten (10) days of public notice and a
<br />public hearing, the Cabarrus County Board of Commissioners imposed and levied
<br />within Cabarrus County a three percent (3$) room occupancy and tourism
<br />development tax, effective January 1, 1990; and
<br />WHEREAS, the Cabarrus County Board of Commissioners imposed and levied
<br />within Cabarrus County a two percent (2$) room occupancy and tourism
<br />development tax, effective August 17, 1998; and
<br />WHEREAS, the Cabarrus County Board of Commissioners imposed and levied
<br />within Cabarrus County a one percent (1$) room occupancy and tourism
<br />development tax, effective April 1, 2006; and
<br />WHEREAS, on August 21, 1989, the Cabarrus County Board of Commissioners
<br />made the initial appointments to the TOURISM AUTHORITY pursuant to law and,
<br />thereby, created the Tourism Authority as a public authority, pursuant to
<br />Local Government, Budget and Fiscal Control Act, which, through its members,
<br />is vested with those powers and duties assigned to it pursuant to law; and
<br />WHEREAS, the Cabarrus County Board of Commissioners wishes to:
<br />(a) Reaffirm and ratify the existence of the TOURISM AUTHORITY,
<br />its powers, duties and responsibilities; and
<br />(b) Undertake, through its Finance Department, the collection of
<br />room occupancy tax and disbursement to the TOURISM AUTHORITY, and
<br />establisha separate and segregated trust fund to implement and
<br />maintain said undertaking.
<br />NOW, THEREFORE, BE ZT RESOLVED AND AGREED that:
<br />1. The Cabarrus County Board of Commissioners does hereby ratify and
<br />reaffirm the creation of the Cabarrus County Tourism Authority and
<br />declares that is a public authority pursuant to the Local Government
<br />Budget and Fiscal Control Act, vested with the those powers
<br />enumerated in Chapter 658 of the 1989 Session Laws, Chapter 153 A,
<br />Article 91, Part 6, Section 17-23, and such other powers, duties and
<br />authorities as might be assumed pursuant to law.
<br />2. Pursuant to the Local Government Budget and Financial Control Act,
<br />the Cabarrus County Board of Commissioners, through its Finance
<br />Department, :does herby agree to undertake the collection of room
<br />occupancy tax and disbursement to the TOURISM AUTHORITY, and
<br />establish a separate and segregated trust fund to implement and
<br />maintain said undertaking.
<br />Adopted this the 19`h day of May, 2008.
<br />CABARRUS COUNTY
<br />By:/s/ H. Jay White, Sr.
<br />H. Jay White, Sr., Chairman
<br />Cabarrus County Board of Commissioners
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