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WHEREAS, the obligations of the County to make the Installment Payments and other <br />payments pursuant to the 2001 Contract shall constitute limited obligations of the County <br />payable solely from currently budgeted appropriations of the County and shall not constitute a <br />pledge of the faith and credit of the County within the meaning of any constitutional debt <br />limitation; <br />WHEREAS, no deficiency judgment may be rendered against the County in any action <br />for breach of a contractual obligation under the 2001 Contract, and the taxing power of the <br />County is not and may not be pledged in any way directly or indirectly or contingently to secure <br />any moneys due under the 2001 Contract; and <br />WHEREAS, the Board of Commissioners desires to approve the Financing Documents <br />and to authorize other actions in connection therewith; <br />NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners, as follows: <br />Section 1. All actions taken by or on behalf of the County to date to effectuate the <br />proposed plan of refinancing, including the selection of the Underwriters and McGuireWoods <br />LLP, as special counsel, are hereby ratified, approved and authorized pursuant to and in <br />accordance with the transactions contemplated by the Financing Documents. <br />Section 2. The refinancing of all or a portion of the prior installment financing contract <br />and the Refinanced Project, and the granting of security interests therein, all as provided in the <br />Financing Documents referenced in this Resolution, are hereby ratified and approved. <br />Section 3. Each of the 2001 Contract Amendment, the 2009B Purchase Contract and the <br />Escrow Agreement is hereby approved in substantially the form submitted to this meeting, and <br />each of the Chairman of the Board of Commissioners or the County Manager is hereby <br />authorized to execute and deliver each of those documents in the name and on behalf of the <br />4 <br />326 <br />G-3 <br />