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November 17, 2008 (Regular Meeting) Page 1061 <br />Section 4. Each of the Chairman of the Board of Commissioners, the <br />County Manager and the Finance Director is authorized to approve all details <br />of the financing of the Project, including, without limitation, the amount <br />advanced under the Contract (which shall not exceed $6,000,000), the <br />principal amounts and the interest amounts of the Installment Payments, which <br />interest amounts shall not exceed 5.00°s per annum. Execution of the Contract <br />by the Chairman of the Board of Commissioners, the County Manager or the <br />Finance Director shall conclusively evidence such approval of all such <br />details of said financing. <br />Section 5. The Chairman of the Board of Commissioners, the County <br />Manager, the Finance Director and the County Attorney are each 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 of the 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 Financing Documents. The County Clerk <br />is hereby authorized to affix the seal of the County to such documents and <br />certificates as may be appropriate and to attest to the same and to execute <br />and deliver the same as may be needed. <br />Section 6. 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 the interest <br />component of the Installment Payments paid pursuant to the Contract will not <br />be includable in gross income for purposes of federal income taxation, except <br />to the extent that the County obtains an opinion of special counsel to the <br />effect that noncompliance would not result in the interest component of said <br />Installment Payments being includable in gross income for purposes of federal <br />income taxation. <br />Section 7. This Resolution shall become effective immediately upon its <br />adoption. <br />Thereupon, upon motion of Commissioner Privette, seconded by <br />Commissioner Mynatt, the foregoing resolution entitled "RESOLUTION APPROVING <br />INSTALLMENT CONTRACT FINANCING FOR ACQUISITION OF REAL PROPERTY IN AN <br />AGGREGATE PRINCIPAL AMOUNT UP TO $6,000,000, AUTHORIZING THE EXECUTION AND <br />DELIVERY OF RELATED DOCUMENTS IN CONNECTION THEREWITH, AND PROVIDING FOR <br />CERTAIN OTHER RELATED MATTERS" was adopted and passed by the following vote: <br />AYES: Chairman White; <br />Mynatt, and Privette. <br />NOES: None. <br />i - rrese: <br />Amendment <br />Vice Chairman Juba, <br />of <br />Cynthia Seaforth, Program Manager for Teen Court, presented an overview <br />of the Teen Court program. She addressed the following issues: Cabarrus <br />County Teen Court Program uses the adult-judge model with peer attorneys to <br />question the youth offender and a peer jury to determine the sanctions the <br />youth will receive; referrals come from the Department of Juvenile Justice, <br />school resource officers, school social workers, district court through the <br />assistant district attorney and district court attorneys, and local law <br />enforcement; volunteers; funding; a review of sanctions; etc. Ms. Seaforth <br />responded to questions from the Board regarding funds and cost. <br />UPON MOTION of Commissioner Privette, seconded by Commissioner Mynatt <br />and unanimously carried, the Board adopted the following budget amendment: <br />BUDGET REVISION/AMENDMENT REQUEST <br />DEPARTMENT OF FINANCE <br />AMOUNT: $13,614.00 <br />TYPE OF ADJUSTMENT: Supplemental Request <br />PURPOSE OF REQUEST: Additional State allocation to JCPC. The Cabarrus JCPC <br />council has reviewed requests and recommends the funds go to the Teen Court <br />program for expanded service capacity. <br />Commissioners Carruth, <br />Present <br />Account No. Approved Budget Increase Decrease Revised Budget <br />00161980-6267 $55,678.00 $13,614.00 69,292.00 <br />