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RES-1994-015 Amended Resolution of the County of Orange, NC Approving a Facilities/Services Agreement and Related Matters
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RES-1994-015 Amended Resolution of the County of Orange, NC Approving a Facilities/Services Agreement and Related Matters
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Last modified
2/18/2015 12:12:06 PM
Creation date
2/16/2015 12:48:50 PM
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BOCC
Date
4/4/1994
Meeting Type
Regular Meeting
Document Type
Resolution
Agenda Item
VII-A
Document Relationships
Agenda - 04-04-1994 - VII-A
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\Board of County Commissioners\BOCC Agendas\1990's\1994\Agenda - 04-04-94 Regular Mtg.
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Section 3. That the County acknowledges that its payments under the Agreement constitute <br /> a valid, binding and legally enforceable contractual obligation of the County to the payment of which the <br /> County is obligated to appropriate funds in each year thereof, and payable from the County's general fund <br /> and from the earnings and all income received by the County from whatever source derived unless the <br /> use of such funds are restricted other than by action of the Board of Commissioners of the County or the <br /> use thereof is otherwise restricted by law, and enforceable in accordance with its terms, except as such <br /> enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other <br /> laws relating to or affecting generally the enforcement of creditors' rights heretofore or hereafter enacted <br /> or by equitable principles. <br /> Section 4. That the County approves the issuance of the Bonds by the Corporation and <br /> agrees to accept title to the Project, including the land on which it is located as described in the Deed of <br /> Trust from the Corporation to the Deed of Trust trustee named therein, on the payment in full of the <br /> principal of and interest on the Bonds and the discharge of the lien of the Indenture. <br /> Section 5. That the County Manager is hereby designated as the County's representative to <br /> act on behalf of the County in connection with the transactions contemplated by the Instruments, and the <br /> County Manager is authorized and directed to proceed in accordance with the Instruments, and to seek <br /> opinions on matters of law from the County Attorney, which the County Attorney is authorized to furnish <br /> on behalf of the County, and opinions of law from such other attorneys for all documents contemplated <br /> hereby as required by law. The County Manager is hereby authorized to designate one or more <br /> employees of the County to take all actions which the County Manager is authorized to perform under <br /> this Resolution, and the County Manager or his designees are in all respects authorized on behalf of the <br /> County to supply all information pertaining to the County for use in the transactions contemplated by the <br /> Instruments. The County Clerk and the County Manager are authorized to execute and deliver for and <br /> on behalf of the County any and all additional certificates, documents, opinions or other papers and <br /> perform all other acts as may be required by the Instruments or as they may deem necessary or <br /> appropriate in order to implement and carry out the intent and purposes of this Resolution. <br /> Section 6. That if any section, phrase or provision of this Resolution is for any reason <br /> declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, <br /> phrases or provisions of this Resolution. <br /> Section 7. That all motions, orders, resolutions, ordinances and parts thereof, in conflict <br /> herewith are hereby repealed. <br /> mun34243\93cls.trs <br />
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