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489
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<br /> Section 2. That the Chairman of the Board of Commissioners,
<br />the County Manager, the Finance Director, and the Clerk to the Board
<br />of Commissioners, be and they hereby are, authorized and empowered,
<br />as their positions authorize, to negotiate, execute, deliver and
<br />perform, in the name and on behalf of the County, the Asset Purchase
<br />Agreement, in substantially the form and content presented to the
<br />Board, but with such changes, modifications, additions or deletions
<br />therein as the County Manager shall deem necessary, desirable or
<br />appropriate, the Chairman's execution thereof to constitute
<br />conclusive evidence of the County's approval of any and all such
<br />changes, modifications, additions or deletions therein.
<br /> Section 3. That the Chairman of the Board of Commissioners,
<br />the County Manager, the Finance Director, and the Clerk to the Board
<br />of Commissioners, be and they hereby are, authorized and empowered,
<br />as their positions authorize, to negotiate, execute, deliver and
<br />perform, in the name and on behalf of the County, the Assignment and
<br />Assumption Agreement, the Bill of Sale, and the County's Deed (which
<br />transfers the CountyVs portion of the Owned Real Property to the
<br />City), each in substantially the form and content presented to the
<br />Board, but with such changes, modifications, additions or deletions
<br />thereto as the County Manager shall deem necessary, desirable or
<br />appropriate, the Chairman's execution thereof to constitute
<br />conclusive evidence of the County's approval of any and all such
<br />changes, modifications, additions or deletions thereto.
<br /> Section 4. That the Chairman of the Board of Commissioners,
<br />the County Manager, the Finance Director, and the Clerk to the Board
<br />of Commissioners, be and they hereby are, authorized and empowered,
<br />as their positions authorize, in the name and on behalf of the
<br />County, to take any and all additional action, to make or cause to
<br />be made, and to execute, deliver and perform, all such additional
<br />agreements, documents, instruments and certifications and to make
<br />all such remittances, as the Chairman of the Board of Commissioners,
<br />the County Manager, the Finance Director, and the Clerk to the Board
<br />of Commissioners at any time or from time to time deem necessary or
<br />appropriate in order to carry out the full intent and purposes of
<br />the foregoing preamble and resolutions.
<br /> Section 5. That any and all actions heretofore or hereafter
<br />taken by the Chairman of the Board of Commissioners, the County
<br />Manager, Finance Director, and the Clerk to the Board of
<br />Commissioners within the terms of the foregoing resolutions be, and
<br />they hereby are, approved, ratified and confirmed as the act and
<br />deed of the County.
<br /> Section 6. That this Resolution shall take effect upon its
<br />adoption.
<br />
<br />RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF CABARRUS,
<br />NORTH CAROLINA, AUTHORIZING THE EXECUTION, DELIVERY AND PERFORMANCE
<br />OF AN ASSET PURCHASE AGREEMENT WITH THE CITY OF KANNAPOLIS, NORTH
<br />CAROLINA AND THE WATER AND SEWER DISTRICT OF CABARRUS COUNTY.
<br />
<br />The motion was adopted by the following vote:
<br />AYES: Chairman Barnhart
<br />
<br />Commissioner Fennel
<br />
<br />Commissioner Casper
<br />
<br />Commissioner Niblock
<br />Commissioner Olio-Mills
<br />
<br />NAYES: None
<br />
<br /> PASSED, ADOPTED AND APPROVED this 29th day of June ,
<br />1995.
<br /> COUNTY OF GABARRUS, NORTH CAROLINA
<br />[SEAL] By: /s/ Frankie F. Bonds
<br /> Frankie F. Bonds~
<br /> Clerk to the Board of Commissioners
<br />
<br /> A similar resolution concerning the Asset Purchase Agreement was presented
<br />to the Kannapolis City Council for approval. However, Council members objected
<br />to the approval of the Resolution, stating they had not had an opportunity to
<br />review the latest draft of the Agreement. Specifically, Councilman Holbrook
<br />
<br />
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