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December 17, 2007 (Regular Meeting) Page 660 <br />the 2008 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 2008 Certificates, which interest amounts (calculated with respect to <br />the 2008 Certificates) shall not exceed 6.OB 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 2.0~ of <br />the principal amount of the 2008 Certificates). Execution of the Contract by <br />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 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 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 Directorof 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 2008 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 />2008 Certificates being includable in the gross income of the owners of the <br />2008 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 Joni D. Juba, seconded by <br />Commissioner Robert W. Carruth, the foregoing resolution entitled "RESOLUTION <br />APPROVING INSTALLMENT CONTRACT FINANCING FOR PUBLIC SCHOOL PROJECTS IN AN <br />AGGREGATE PRINCIPAL AMOUNT UP TO $63,000,000 AND THE EXECUTION AND DELIVERY <br />BY THE CABARRUS COUNTY DEVELOPMENT CORPORATION OF CERTIFICATES OF <br />PARTICIPATION RELATED THERETO, AUTHORIZING THE EXECUTION AND DELIVERY OF <br />RELATED DOCUMENTS IN CONNECTION THEREWITH, AND PROVIDING FOR CERTAIN OTHER <br />RELATED MATTERS" was adopted and passed by the following vote: <br />AYES: Chairman H. Jay White, Sr., Vice Chairman Joni D. Juba and <br />Commissioners Robert W. Carruth and Grace Mynatt <br />NOES: Commissioner Coy C. Privette <br />APPOINTMENTS <br />(I-1) Adult Care Home Community Advisory Committee (CAC) <br />UPON MOTION of Commissioner Privette, seconded by Commissioner Carruth <br />and unanimously carried, the Board accepted Jerry Shinn's resignation from <br />the Department of Aging Advisory Board and appointed him to the Adult Care <br />Home Community Advisory Committee for a one-year term ending December 31, <br />2008. <br />(I-2) Centralina Workforce Development Board <br />Vice Chairman Juba MOVED to make an exception to the residency and <br />appoint Lisa Conger, the only applicant, to the Centralina Workforce <br />Development Board to fill the "Education" position for a two-year term ending <br />June 30, 2009. Commissioner Mynatt seconded the motion. <br />Commissioner Privette expressed disbelief that there is not a county <br />resident that can serve in this capacity. <br />