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March 21, 2005 (Regular Meeting) Page 126 Documents. The County Clerk is hereby authorized to aff ix 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. Section 6. 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 UCode"), in order to assure that the interest component of the Installment Payments paid pursuant to the Contract will not be includable in gross income for purposes of federal income taxation, except to the extent that the County obtains an opinion of special counsel to the effect that noncompliance would not result in the interest component of said Installment Payments being includable in gross income for purposes of federal income taxation. Section 7. On February 21, 2005, the Board of Commissioners adopted a resolution entitled "RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE CONTRACT WITH RBC CENTURA BANK TO FINANCE THE ACQUISITION OF RENOVATION OF THE ROWAN CABARRUS COMMUNITY COLLEGE BUSINESS CENTER, DESIGN AND CONSTRUCTION OF A PARKING LOT AT THE RCCC SOUTH CAMPUS, AND DESIGN COSTS FOR RCCC'S BUILDING 3000, FOR USE BY THE COUNTY OF CABARRUS, NORTH CAROLINA, AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH" relating to the foregoing matters. Said resolution dated February 21, 2005 is hereby superseded in its entirety by the adoption of this Resolution, which shall govern all matters referenced in this resolution. Section 8. On February 16, 2004, the Board of Commissioners adopted Resolution No. 2004-08 entitled "RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR APPROVAL OF A FINANCING AGREEMENT AUTHORIZED BY NORTH CAROLINA GENERAL STATUTE 160A-20," a copy of with is attached to this Resolution, in which the Board of Commissioners approved the filing of an application with the North Carolina Local Government Commission for the financing described in said resolution and also make certain findings of fact related to the proposed financing. By adoption of this Resolution, the Board of Commissioners does hereby ratify and reaffirm all matters set forth in said Resolution NO. 2004-08 including, without limitation, all findings of fact set forth in said Resolution No. 2004-08, to the same extent as if set forth in this Resolution. Section 9. This Resolution shall become effective immediately upon its adoption. Thereupon, upon motion of Vice Chairman Carruth, seconded by Commissioner Juba, the foregoing resolution entitled "RESOLUTION APPROVING INSTALLMENT CONTRACT FINANCING FOR ROWAN CABARRUS COMMUNITY COLLEGE PROJECTS IN AN AGGREGATE PRINCIPAL AMOUNT UP TO $4,358,000, AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS IN CONNECTION THEREWITH, AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS" was adopted and passed by the following vote: AYES: Chairman Carpenter, vice Chairman Carruth and Commissioners Freeman, Juha and Privette NOES: None (Note: Resolution No. 2004-08 is recorded in the minutes for the meeting on February 16, 2004.) (G-3) Legal Department - Budget Amendment Pam Dubois, Deputy County Manager, reported that all costs associated with the Legal Department had been placed in a separate budget as directed by the Board in January. She requested a budget amendment establishing a budget for Dues/Subscriptions and increasing the Legal Fees budget based on current activity. She also reviewed the following "Schedule of Legal Fees by Month for Fiscal year 2005". Monthly Service Date Monthly Period Vendor Paid Amount Total 7/2004 Kennedy & Covington 2/17/2005 492.45 Hartsell & Williams 8/11/2004 12,149.28 Vonda Allen/Reed & Assoc. 8/11/2004 127.80 $12,769.53 9/2004 Adams, Hendon Carson & Crow 10/27/2004 21,250.00 Hartsell & Williams 10/13/2004 23,040.00 $44,290.13 10/2004 Adams, Hendon Carson & Crow 12/8/2004 16,939.00 Hartsell & Williams 11/24/2004 9,143.21 $26,082.96