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BC 2008 08 18 Regular
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BC 2008 08 18 Regular
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2/12/2009 12:04:17 PM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
11/18/2008
Board
Board of Commissioners
Meeting Type
Regular
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August 18, 2008 (Regular Meeting) Page 942 <br />omissions, including but not limited to changes, insertions or omissions <br />related to obtaining a policy of municipal bond insurance with respect to the <br />2008C Certificates, as the person executing the final Official Statement may <br />approve, the execution and delivery thereof to constitute conclusive evidence <br />of such approval. <br />Section 6. Each of the Chairman of the Board of Commissioners, the <br />County Manager and the Director of Finance are authorized to approve all <br />details of the financing of the 2008C Project, including, without limitation, <br />the amount advanced under the Contract and the aggregate principal amount of <br />the 2008C Certificates (which shall not exceed $63,000,000), the maturities, <br />the principal amounts and the interest amounts of the Installment Payments <br />and the 2006C Certificates, which interest amounts (calculated with respect <br />to the 2008C Certificates) shall not exceed 6.0~ per annum on an effective <br />interest cost basis, the prepayment terms and prices (which shall not exceed <br />103$ of the principal amount being prepaid) and the Underwriters' discount <br />(exclusive of any original issue discount) (which shall not exceed 2.Oo of <br />the principal amount of the 2008C Certificates). Execution of the Contract <br />by the Chairman of the Board of Commissioners or the County Manager shall <br />conclusively evidence such approval of all such details of said financing. <br />Section 7. The Chairman of the Board of Commissioners, the County <br />Manager, the Director of Finance and the County Attorney are hereby <br />authorized to take any and all such further action, including approval of <br />modifications to the Financing Documents, and to execute and deliver for and <br />on behalf of the County such other documents and certificates (including, <br />without limitation, agreements with securities depositories, financing <br />statements, appropriate tax certificates and agreements and other documents <br />and agreements (including repurchase agreements) relating to the investment <br />of the proceeds from the execution and delivery ofthe Contract) as they may <br />deem necessary or advisable to carry out the intent of this resolution and to <br />effect the financing pursuant to the Contract and the other Financing <br />Documents. The County Clerk is hereby authorized to affix the seal of the <br />County to such documents and certificates as may be appropriate and to attest <br />to the same and to execute and deliver the same as may be needed. In <br />addition, said officers are hereby authorized to cooperate with the <br />Underwriters in preparing and filing such filings under state securities or <br />"blue sky" laws (including special consents to service of process) as the <br />Underwriters may request and as the Chairman of the Board of Commissioners, <br />the County Manager or the Director of Finance shall determine. <br />Section 8. 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 2008C Certificates will not be includable in the gross <br />income of the owners thereof for purposes of federal income taxation, except <br />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 <br />2008C Certificates being includable in the gross income of the owners of the <br />2008C Certificates for purposes of federal income taxation. <br />Section 9. This Resolution shall become effective immediately upon its <br />adoption. <br />Thereupon, upon motion of Commissioner Juba, seconded by Commissioner <br />Carruth, the foregoing resolution entitled "RESOLUTION APPROVING INSTALLMENT <br />CONTRACT FINANCING FOR LAW ENFORCEMENT FACILITIES IN AN AGGREGATE PRINCIPAL <br />AMOUNT UP TO $63,000,000 AND THE EXECUTION AND DELIVERY BY THE CABARRUS <br />COUNTY DEVELOPMENT CORPORATION OF CERTIFICATES OF PARTICIPATION RELATED <br />THERETO, AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS IN <br />CONNECTION THEREWITH, AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS" was <br />adopted and passed by the following vote: <br />AYES: Chairman White, Vice Chairman Juba and Commissioner Carruth <br />NOES: Commissioner Privette <br />Ware Bonsall Architects - <br />i No . 13 and <br />Kelly Sifford, Community Development Manager, presented information <br />related to Ware Bonsall Architects' Contract Amendments No. 13 and 19 for the <br />Cabarrus County Sheriff's Office and Detention Facility Housing Unit. <br />Amendment No. 13, totaling $23,200.00, is for services related to rebidding <br />the housing unit portion of the project and Amendment No. 19, totaling <br />
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