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V} K V► Vf V1 A in VN N A t m O N M �Q O0 C1 M O V N t 9 N . -! Cf 119 1 ? ai d n r! LA m.-i W O; r; 00' r% 14 n ri w w O NNppn r O p O O0 OO O m W pn n n a d ^ rV N N 01 0�. W N N a M N N 4 N Ln N m rl N N W M W O N at d p w u V1 Vl J^ V► Vf aA N Lf V► 44 to Vf vwl N t Z s C 'O y O Cg C4 10° oB u ° m u° >. O d N N O m + y C r r C c � y W °-� m .2 0 c _ E v Ica c d w O O 0 zu' ,xQQ 3u° u° L� 1,01 Xa 'a ►° 3u � i `s Exhibit AGENDA: May 17,2010 Book AWN Page l • R A- NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-238 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-238 be made to the annual budget ordinance for the fiscal year ending June 30,2010. Section 1:Details of Budget Amendment: Fund: General Fund Department: Health/Safe Kids i Expenditure: Decrease Increase Health/Safe Kids: Supplies $1,500 Total $11500 Revenue: Decrease Increase Health/Safe Kids: Grant—Safe Kids Worldwide $1,000 Grant—Safe Kids North Carolina 500 Total $1 500 Section 2:Explanation Safe Kids Worldwide Grant: the Health Department received a $1,000 grant award for participation in a Child Passenger Safety education event held during the recent Azalea Festival on April 10 and 11, 2010. Funds will be used to support injury prevention initiatives for the remainder of 2010,to replenish resources used during the Azalea Festival event, and recertification fees for Child Passenger Safety Technicians. No matching County funds are required. Safe Kids North Carolina Grant: the Health Department received a $500 grant award for Wheeled Sport Safety Education. These funds will be used to purchase multipurpose youth helmets and raise awareness of the importance of wearing helmets on bikes and other wheeled equipment, such as, scooters, skateboards, and rollerblades.No matching County funds are required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New l Hanover County,North Carolina,that the Ordinance for Budget Amendment 10-238,amending the annual budget ordinance for the fiscal year ending June 30,2010,is adopted. Nodopted,this YA day of Q 2010. O 1 Rj, �, t > (S , F �` gyp ` '�Tason R. hompso ,Chairman Sheila L.Schult,Clerk to the Board q Exhibit AGENDA: May 17,2010 Book Mltl Page 11.2 b NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-249 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-249 be made to the annual budget ordinance for the fiscal year ending June 30,2010. ' I Section 1: Details of Budget Amendment: Fund: General Fund j Department: Library i Expenditure: Decrease Increase Libra Supplies—Computer&Other $2,000 Total $21000 Revenue: Decrease Increase Library: Grant—Gates Foundation $2,000 Total $2,000 Section 2: Explanation The Library received a grant award of$2,000 from the Gates Foundation,which will enable the Library to purchase the hardware and software required to install a new self-checkout unit at the Northeast Regional Library.No matching County funds are required. 1 k Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment 10-249,amending the annual budget ordinance for the fiscal year ending June 30,2010,is adopted. Adopted,this day of 2010. GyY OVN �NO Q rzSEA y o o _ t , 7 a2 r i mpso hairman All I A Sheila L.Schult,Clerk to the oard F t S } Exhibit Book nylltPage �- AGENDA: May 17,2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 2010-58 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2010-58 be made to the annual budget ordinance for the fiscal year ending June 30,2010. Section 1: Details of Budget Amendment: Fund: Controlled Substance Tax Department: Sheriffs Office Expenditure: Decrease Increase Controlled Substance Tax: Supplies $5,001 Total $5,001 I i i Revenue: Decrease Increase Controlled Substance Tax: Controlled Substance Tax $4,995 I Interest on Investments 6 Total $5,001 Section 2: Explanation To budget receipt of $4,995 received on 4/22/10 and interest on investments of $6 for period ending February 2010. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2010-58, amending the annual budget ordinance for the fiscal year ending June 30,2010,is adopted. H GO�NTy,tiodopted,this_ day of ,2010. o 9 �n' \ Jason R.Thompson,Chairman s x Shei a L.ScfiulT,Clerk to the Board i i 1 d Exhibit Book =1 I I Page d- AGENDA: May 17,2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 2010-59 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2010-59 be made to the annual budget ordinance for the fiscal year ending June 30,2010. Section 1: Details of Budget Amendment: Fund:Federal Forfeited Property Department: Sheriffs Office Expenditure: Decrease Increase Federal Forfeited Property: Supplies $7,636 Total $7,606 Revenue: Decrease Increase Federal Forfeited Property: Federal Forfeited Property $7,318 j Interest on Investments 318 Total $7,636 Section 2:Explanation To budget receipts of$7,318 received on 3/30/10 and 4/9/10 and interest on investments of$318 for June 2009 through February 2010. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. E Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2010-59, amending the annual budget ordinance for the fiscal year ending June 30,2010, is adopted. 1 Adopted,this day of ,2010. JNTY•N f GO (S AL NO � y o 0 3 Y Thomp n,Chairman k ti Sheila L. cut,Clerk tote oa d 1 t a 1 v 1 ti r Exhlbft B09K xxx I t tN� 7Z -3 .......... ...... .......... .............. NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL SAFE BOATING WEEK PROCLAMATION '"'HE Q!Bs WHEREAS, on average, 700 people die each year in boating-related accidents in the U.S.; nearly 70% of these are fatalities caused by drowning; and WHEREAS, the vast majority of these accidents are caused by human error or NJ poor judgment and not by the boat, equipment, or environmental factors; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and WHEREAS, modern life jackets are more comfortable, more attractive, and more wearable han styles of years past and deserve a fresh look by today's boating le public. 416P NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 22-28, 2010 be recognized as "National Safe Boating Week" in New Hanover County. The Board does hereby support the AJI-V Campaign and the start of the year oals of the North American Safe Boating Cai 9 round effort to promote safe boating, and urges all those who boat to "Boat L Smart. Boat Safe. Wear it." and practice safe boating habits. ADOPTED this the 17"' day of May, 2010. F ANOV R COUNTY NEW H NEW HANO Jason T o ason Th6mpson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board RE";------- Exhibit�ll a 8 1 1. 71 Ilnlllmll!mlmmllrmrllrplln lr mn mlninimlllllnrnr lnrrlmr111rrIIIIIIIIIIII lI II11111111111rIIIrInl l+rn l.n......rim......rn n.....lnnr111iI1nIrIIn llirn lnrm ln............n............llllrl!IIIIIImmnnrinrn......rlm....n Inl ul l.....ll......rl!+IIIrIrII1111 rmlr................111I1111inlnrlllllllrinlrlllnlll�rl�!IIIIIIIIIInIIIIIIIIrllilllllrlllrllrnrin�+nn — NEW HANOVER COUNTY BOARD OF COMMISSIONERS = 'I WOMEN OF ACHIEVEMENT MONTH PROCLAMATION WHEREAS, women are prominent business owners and officials in our community; and WHEREAS, women hold executive positions and provide leadership to achieve success for businesses and organizations; and E _ E WHEREAS, women are primary caregivers to family members in addition to > E their roles in the public sector; and E WHEREAS, many of these women's accomplishments have benefited our area's Ebusiness, educational, service, cultural, and volunteer endeavors; and s E WHEREAS, women's achievements have brought positive change and = ' collectively reward us all with an improved quality of life; and #� E WHEREAS, in recognition of these accomplishments the 26t" Amival YWCA Cape Fear Women of Achievement Awards will be held at the Coastline = f:+ E Convention Center on May 20, 2010. _ .•' E NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2010 be recognized as "Women of = - Achievement Month" in New Hanover County. ADOPTED this the 17t" day of May, 2010. i NEW HANOVE COUNTY = �I II Jason . Thompson, Chairman 1 ST: ( Sheila L. Schult, Clerk to the Board I .rt. '_ ~ r �- NEW HANOVER COUNTY BOARD OF COMMISSIONERS FOSTER CARE AWARENESS MONTH EXhlbl PROCLAMATION Book— X-� Page WHEREAS, in New Hanover County there are approximately 330 children of all ages in the custody of the Department of Social Services and of those children, over half reside in foster homes, group homes and hospitals; and WHEREAS, it is the goal of this community to provide these children with safe, stable and nurturing family environments, and WHEREAS, we turn more and more to the family foster homes of New Hanover County to nurture the bodies and spirits of the children in our charge while our social workers support parents in building on their strengths to provide safe, permanent homes for their children to return to; and WHEREAS, foster parents frequently adopt their foster children, which results in a continual need for more foster families; and WHEREAS, May is singled out as Foster Care Awareness Month to be the one month we publicly recognize the tremendous contribution made by foster parents, numerous individuals and public and private organizations to the child welfare system and to the lives of the young somehow entangled in that system. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2010 be recognized as "Foster Care Awareness Month" in New Hanover County; and BE IT FURTHER PROCLAIMED that the New Hanover County Board of Commissioners, in recognition of Foster Care Awareness Month, thanks all foster mothers and foster fathers for their commitment of time and talents to these precious children and encourage all citizens to celebrate the contributions of foster parents and child welfare professionals. The New Hanover County Board of Commissioners further encourages the community, businesses, faith-based organizations and families to participate in efforts to recruit and support foster families in New Hanover County. ADOPTED this the 17th day of May, 2010. u� W HAN VER TY Jason R. hompson, Chairman Sheila L. Schult, Clerk to the Board I I Exhibit Book Page.�� A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA PROVIDING FOR THE ISSUANCE BY THE COUNTY OF NOT TO EXCEED $88,000,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, THAT SHALL CONSIST OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 2010A AND GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS,SERIES 2010B(TAXABLE) i WHEREAS, pursuant to and in accordance with a community college bond order adopted by the Board of Commissioners on September 2, 2008, the County of New Hanover, North Carolina (the "County")proposes to issue bonds in the aggregate principal amount of$70,500,000 (the "Community College Bonds"); WHEREAS, pursuant to and in accordance with a parks and recreation bond order adopted by t the Board of Commissioners on March 13, 2006, the County proposes to issue bonds in the ! aggregate principal amount of$17,500,000 (the "Parks and Recreation Bonds"); WHEREAS, the County desires that the Community College Bonds and the Parks and Recreation Bonds to be issued pursuant to the bond orders described in the foregoing whereas clauses of this Resolution be issued as a consolidated bond issue and be designated as "Public Improvement Bonds, Series 2010A" and/or"Public Improvement Bonds, Series 2010B (Taxable);" 3 WHEREAS, the County desires that the Local Government Commission(the "Commission") sell the Public Improvement Bonds, Series 2010A and the Public Improvement Bonds, Series 2010B (Taxable)through a negotiated sale to Stephens Inc., on its own behalf and on behalf of Davenport & Company LLC (the "Underwriters"), in accordance with the terms and conditions set forth in a Bond Purchase Agreement to be dated on or about June 17, 2010 (the "Bond Purchase Agreement") among the County, the Commission and the Underwriter; WHEREAS, copies of the forms of the following documents relating to the transactions 4 described above have been filed with the County and have been made available to the Board of Commissioners of the County (the "Board of Commissioners x 1. the Bond Purchase Agreement; and 2. the Preliminary Official Statement with respect to the Bonds to be dated on or about June 2, 2010, together with the Official Statement with respect to the Bonds to be dated on or about June 17, 2010 (collectively, the t "Official Statement i NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners as follows: f � } Section 1. For purposes of this Resolution, the following words have the meanings ascribed to them below: a "201 OA Bonds" means the County's General Obligation Public Improvement Bonds, Series 2010A. "2010B Bonds" means the County's General Obligation Public Improvement Bonds, Series 2010B (Taxable). 4 NYC 711730.3 "Bond Orders" means the bond orders described in the whereas clauses of this Resolution. "Bonds" means, collectively, the 2010A Bonds and the 2010B Bonds. "Code" means the Internal Revenue Code of 1986, as amended. Each reference to a section of the Code herein will be deemed to include the United States Treasury Regulations proposed or in effect with respect thereto. "Moody's" means Moody's Investors Service, a corporation organized and existing under the laws of the State of Delaware, its successors and their assigns and, if such corporation for any reason no longer performs the functions of a securities rating agency, "Moody's" will be deemed to refer to any other nationally recognized rating agency other than S&P designated by the County. "Pricing Certificate" means the certificate of the County's Finance Director delivered in connection with the issuance of the Bonds which establishes, with respect to the Bonds, the final maturity and serial principal amounts, the interest payment dates and rates and the provisions for redemption, all as agreed on in the Bond Purchase Agreement. "Registrar"means the County's Finance Director or any bank or trust company selected by the County and any successor or assign. "S&P" means Standard & Poor's Ratings Services, a Division of The McGraw-Hill Companies, Inc., its successors and their assigns and, if such corporation for any reason no longer performs the functions of a securities rating agency, "S&P" will be deemed to refer to any other nationally recognized rating agency other than Moody's designated by the County. Section 2. (a) Pursuant to and in accordance with the community college bond order adopted by the Board of Commissioner on September 2, 2008, the County shall issue its bonds in an aggregate principal amount not to exceed $70,500,000. (b) Pursuant to and in accordance with the parks and recreation bond order adopted by the Board of Commissioners on March 13, 2006, the County shall issue its bonds in an aggregate principal amount not to exceed $17,500,000. (c) The Bonds to be issued pursuant to the Bond Orders described in paragraphs (a) and (b) of this Section 2 shall be issued as a consolidated bond issue in the aggregate principal amount not to exceed $88,000,000. Section 3. If the County Finance Director establishes in her Pricing Certificate, the County may determine not to issue part of the 201013 Bonds as "Build America Bonds" or "Recovery Zone Economic Development Bonds" and instead to increase the principal amount of the 2010A Bonds to be issued in an amount sufficient to fund the purposes for which the corresponding reduction in the principal amount of the 2010B Bonds expected to be issued. Section 4. The Bonds shall be dated as of their date of issuance. The Bonds shall pay interest on February 1, 2011 and semiannually thereafter on August 1 and February 1, unless the County Finance Director establishes different dates in her Pricing Certificate. The Bonds are being issued to pay capital costs of improving community college and parks and recreational facilities in the County pursuant to and in accordance with the respective Bond Orders. Section 5. Principal on the Bonds is payable on August 1 in each year, unless the County Finance Director establishes different a date in her Pricing Certificate. The maturities of the Bonds will be as set forth in the Pricing Certificate. Section 6. The 2010A Bonds are to be numbered from "RA-1" consecutively and upward and shall bear interest from their date at a rate or rates which will be hereafter determined on the sale thereof computed on the basis of a 360-day year of twelve 30-day months. The 2010B Bonds are to be numbered from "RB-1" consecutively and upward and shall bear interest from their date at a rate or rates which will be hereafter determined on the sale thereof computed on the basis of a 360-day year of twelve 30-day months. Section 7. The Bonds are to be registered as to principal and interest, and the Finance Director of the County is directed to maintain the registration records with respect thereto. The Bonds shall bear the original or facsimile signatures of the Chairman or Vice Chairman of the Board of Commissioners of the County and the Clerk to the Board of Commissioners of the County. An original or facsimile of the seal of the County is to be imprinted on each of the Bonds. Section 8. The Bonds will initially be issued by means of a book-entry system with no physical distribution of bond certificates made to the public. One bond certificate with respect to each date on which the 2010A Bonds are stated to mature and one bond certificate with respect to each date on which the 2010B Bonds are stated to mature will be issued to The Depository Trust Company, New York, New York ("DTC"), and immobilized in its custody. A book-entry system will be employed, evidencing ownership of the Bonds in principal amounts of $5,000 or integral multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC. Interest on the Bonds will be payable to DTC or its nominee as registered owner of the Bonds in immediately available funds. The principal of and interest o-n the Bonds will be payable to owners of Bonds shown on the records of DTC at the close of business on the 15th day of the month preceding an interest payment date or a bond payment date. The County will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. If(a) DTC determines not to continue to act as securities depository for the Bonds or (b)the Finance Director for the County determines that the continuation of the book-entry system of evidence and transfer of ownership of the Bonds would adversely affect the interests of the beneficial owners of the Bonds, the County will discontinue the book-entry system with DTC. [If the County identifies another qualified Securities Depository to replace DTC, the County will make arrangements with DTC and such other Securities Depository to effect such replacement and deliver replacement bonds registered in the name of such other Securities Depository or its Securities Depository Nominee in exchange for the outstanding Bonds, and the references to • i i DTC or Cede & Co. in this Resolution shall thereupon be deemed to mean such other Securities Depository or its Securities Depository Nominee.] If the County fails to identify another qualified securities depository to replace DTC, the County will authenticate and deliver replacement bonds in accordance with DTC's rules and procedures. Section 9. (a) If the Pricing Certificate designates a date for the Bonds on and after which the Bonds are subject to redemption, then such Bonds are subject to redemption before maturity, at the option of the County, from any money that may be made available for such purpose, either in whole or in part on any date on or after the date set forth in the Pricing Certificate, at the principal amount of the Bonds to be redeemed, together with interest accrued thereon to the date fixed for redemption, with such redemption premium, if any, designated for the Bonds in the Pricing Certificate. (b) The 2010B Bonds are also subject to redemption prior to their respective maturities, at the option of the County, from any moneys that may be available for such purpose, either in whole or in part on any date, upon the occurrence of an Extraordinary Event (hereinafter defined) at a Redemption Price equal to the greater of: (i) 100% of the principal amount of the 2010B Bonds to be redeemed; and (ii) the sum of the present values of the remaining scheduled payments of principal and interest on the 2010B Bonds to be redeemed to their respective maturity dates, not including any portion of those payments of interest accrued and unpaid as of the date on which the 2010B Bonds are to be redeemed, discounted to the date on which such 2010B Bonds are to be redeemed on a semi-annual basis, assuming a 360-day year consisting of twelve 30-day months, at the Treasury Rate (hereinafter defined), plus 1.00%plus, in each case, accrued interest on the 2010B Bonds to be redeemed to the redemption date; plus, in each case, accrued interest to the redemption date. "Extraordinary Event" means a reduction or elimination of the County's cash subsidy payment from the United States Treasury pursuant to Section 54AA, 140OU-2 or 6431 of the Internal Revenue Code of 1986, as amended (the "Code") (as such Sections were added by Section 1401 and 1531 of the American Recovery and Reinvestment Act, pertaining to "Build America Bonds" and "Recovery Zone Economic Development Bonds"). "Treasury Rate"means, with respect to any redemption date'for a particular 2010B Bond, the yield to maturity as of such redemption date of United States Treasury securities with a constant maturity excluding inflation indexed securities (as compiled and published in the most recent Federal Reserve Statistical Release H.15 (5 19)that has become publicly available at least two business days prior to the redemption date or, if such Statistical Release is no longer published, any publicly available source of similar market data) most nearly equal to the period from the redemption date to the maturity date of the 2010B Bond to be redeemed; provided, however, that if the period from the redemption date to such maturity date is less than one year,the weekly average yield on actually traded United States Treasury securities adjusted to a constant maturity of one year will be used. At the request of the Registrar, the Redemption Price of the 2010B Bonds to be redeemed pursuant to this subsection (b) will be determined by an independent accounting firm, investment banking firm or financial advisor retained by the County at the County's expense to calculate i such Redemption Price. The County may conclusively rely on the determination of such Redemption Price by such independent accounting firm, investment banking firm or financial advisor and will not be liable for such reliance.] (c) The County Finance Director is authorized to designate in the Pricing Certificate that the 2010B Bonds shall be subject to redemption before maturity, at the option of the County, at a Redemption Price equal to the greater of (a) 100% of the principal amount of the 2010 Bonds to be redeemed; or (b) the sum of the present values of the remaining scheduled payments of principal and interest on the 2010B Bonds to be redeemed, not including any portion of those payments of interest accrued and unpaid as of the date on which the 2010B Bonds are to be redeemed, discounted to the date on which the 2010 Bonds are to be redeemed on a semi-annual basis, assuming a 360-day year consisting of twelve 30-day months, at the Treasury Rate (defined above), plus 100 basis points; plus, in each case, accrued interest on the 2010 Bonds to be redeemed to the redemption rate. (d) If the Pricing Certificate designates a date for the 2010B Bonds on which the 2010B Bonds are subject to mandatory redemption, then such Bonds are subject to mandatory sinking fund redemption prior to maturity on the dates set forth in the Pricing Certificate, at the principal amount of the 2010B Bonds to be redeemed, together with interest accrued thereon to the date fixed for redemption. Section 10. (a) If the 2010A Bonds are subject to optional redemption and if less than all the Bonds are called for redemption, the County shall select the maturity or maturities of the 2010A Bonds to be redeemed in such manner as the County in its discretion may determine, and DTC and its participants shall determine which 2010A Bonds within a 1, maturity are to be redeemed by lot; provided, hon,ever, that the portion of any 2010A Bond to be redeemed must be in principal amount of$5,000 or integral multiples thereof and that, in selecting 2010A Bonds for redemption, each 2010A Bond is to be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. (b) If a book-entry system through DTC is used for determining beneficial ownership of the 2010B Bonds and less than all the 20.1013 Bonds of any maturity are called for redemption, DTC shall determine the amount of the interest of each direct participant to be redeemed in accordance with its operating rules and procedures; provided, however, that the portion of any 2010B Bond to be redeemed shall be in the principal amount of $5,000 or an integral multiple thereof. If the book-entry system through DTC for determining beneficial ownership of the 2010B Bonds is discontinued and less than all the 2010B Bonds of any maturity are called for redemption, the 2010B Bonds of such maturity to be redeemed shall be selected by the Registrar on a pro rata basis among all the owners of the 2010B Bonds of such maturity based upon the principal amount of 2010B Bonds owned by such owners, provided that the portion of any 2010B Bond to be redeemed shall be in the principal amount of$5,000 or an integral multiple thereof. (c) When the County elects to redeem any Bonds, notice of such redemption of such Bonds, stating the redemption date, redemption price and identifying the 2010A Bonds or 201 OB Bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there are due and payable on each 201 OA Bond or 201 O Bond or portion thereof so to be redeemed, the principal thereof and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue, is to be given not less than 30 days nor more than 60 days before the redemption date in writing to DTC or its nominee as the registered owner of such 2010A Bonds or 2010B Bonds, by prepaid certified or registered United States mail, at the address provided to the County by DTC, but any failure or defect in respect of such mailing will not affect the validity of the redemption. If DTC is not the registered owner of such Bonds, the County will give notice at the time set forth above by prepaid first class United States mail, to the then-registered owners of such 2010A Bonds or 2010B Bonds or portions thereof to be redeemed at the last address shown on the registration books kept by the County. The County will also mail or transmit by facsimile or, in the case of (3) below, in an electronic format as prescribed by the Municipal Securities Rulemaking Board (the "MSRB"), a copy of the notice of redemption within the time set forth above (1) to the Commission, (2)to each of the then-existing securities depositories and (3) to the MSRB. Section 11. The Bonds and the provisions for the registration of the Bonds and for the approval of the Bonds by the Secretary of the Local Government Commission are to be in substantially the form set forth in the Appendix A hereto. Section 12. The County covenants that it will not take or permit, or omit to take or cause to be taken, any action that would adversely affect the exclusion from gross income of the recipient thereof for federal income tax purposes of the interest on the 2010A Bonds and the 2010B Bonds, if the 2010B Bonds were to have been issued as tax-exempt obligations, and, if it should take or permit, or omit to take or cause to be taken, any such action, the County will take or cause to be taken all lawful actions within its power necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. The County acknowledges that the continued exclusion of interest on the 2010A Bonds and the 2010B Bonds, had the 2010B Bond been issued as tax-exempt obligations, from the owner's gross income for federal income tax purposes depends, in part, on compliance with the arbitrage limitations imposed by Section 148 of the Code, including the rebate requirements, and that it will not permit at any time any of the proceeds of the 2010 Bonds or other funds under their control be used, directly or indirectly, to acquire any asset or obligation, the acquisition of which would cause the 2010 Bonds to be "arbitrage bonds" for purposes of Section 148 of the Code, "private activity bonds" within the meaning of Section 141 of the Code or "federally guaranteed" within the meaning of Section 149(b) of the Code. Section 13. From the proceeds from the sale of the Bonds, the State Treasurer shall pay capital costs of improving community college and parks and recreation facilities in the County. Proceeds from the sale of the 201 OA Bonds shall be deposited in a fund established by the Registrar and named "2010 Tax-Exempt Construction Fund." Proceeds from the sale of the 201 O Bonds shall be deposited in a fund established by the Registrar and named "2010 Taxable Construction Fund." Within the 2010 Taxable Construction Fund, there shall be established two I i I f accounts, one to hold the 2010B Bond proceeds earmarked for the Recovery Zone Economic Development Bond project and the other to hold the 2010B Bond proceeds earmarked for the Build America Bond projects. Section 14. Actions taken by officials of the County to select paying and transfer agents, and a bond registrar, or alternate or successor agents and registrars pursuant to Section 159E-8 of the Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, are hereby authorized and approved. The blanket Letter of Representations, as requested by DTC, is hereby approved and confirmed. Section 15. The Commission is hereby requested to sell the 2010A Bonds through a negotiated sale to the Underwriter pursuant to the terms of the Bond Purchase Agreement at a true interest cost not to exceed 4.00% and to sell the 2010B Bonds through a negotiated sale to the Underwriter pursuant to the terms of the Bond Purchase Agreement at a true interest cost not to exceed 7.00%. The form and content of the Bond Purchase Agreement is in all respects approved and confirmed, and the Chairman of the Board of Commissioners, the County Manager or the Finance Director of the County is hereby authorized, empowered and directed to execute and deliver the Bond Purchase Agreement for and on behalf of the County, including necessary counterparts, in substantially the form and content presented to the County, but with such changes, modifications, additions or deletions therein as he may deem necessary, desirable or appropriate, the execution thereof to constitute conclusive evidence of the Board of Commissioners' approval of any and all such changes, modifications, additions or deletions therein, and that from and after the execution and delivery of the Bond Purchase Agreement, the Chairman of the Board of Commissioners, the County Manager and the Finance Director of the County are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Bond Purchase Agreement as executed. Section 16. The Chairman of the Board of Commissioners, the County Manager, the Finance Director and the Clerk to the Board of Commissioners of the County are hereby authorized and directed to cause the Bonds to be prepared and, when they shall have been duly sold by the Commission, to execute the Bonds and to turn the Bonds over to the registrar and transfer agent of the County for delivery through the facilities of DTC to the Underwriters. Section 17. The form and content of the Official. Statement are in all respects authorized, approved and confirmed, and the Chairman of the Board of Commissioners, the County Manager, the Finance Director and the Clerk to the Board of Commissioners of the County are authorized, empowered and directed to execute and deliver the Official Statement in substantially the form and content presented to the Board of Commissioners, but with such changes, modifications, additions or deletions therein as the Chairman of the Board of Commissioners, the County Manager or the Finance Director of the County may deem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the approval of the Board of Commissioners of any and all changes, modifications, additions or deletions therein from the form and content of the Official Statement presented to the Board of Commissioners. The Board of Commissioners of the County does hereby recite that, upon its examination and discussions, nothing has come to its attention which would lead it to believe that the Official Statement contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. Section 18. The Chairman of the Board of Commissioners, the County Manager, the Finance Director and the Clerk to the Board of Commissioners of the County are authorized and directed to execute and deliver for and on behalf of the County any and all additional certificates, documents, opinions or other papers and perform all other acts as may be required by the documents contemplated hereinabove or as may be deemed necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 19. The County agrees, in accordance with Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission (the "SEC") and for the benefit of the Registered Owners and beneficial owners of the Bonds, to provide to the MSRB, as follows: (1) by not later than seven months after the end of each Fiscal Year to the Municipal Securities Rulemaking Board (the "MSRB") in an electronic format as prescribed by the MSRB, the audited financial statements of the County for the preceding Fiscal Year, if available, prepared in accordance with Section 159-34 of the General Statutes of North Carolina, as it may be amended from time to time, or any successor statute, or if such audited financial statements are not then available, unaudited financial statements of the County for such Fiscal Year to be replaced subsequently by audited financial statements of the County to be delivered within 15 days after such audited financial statements become available for distribution; (2) by not later than seven months after the end of each Fiscal Year to the MSRB, (a) the financial and statistical data as of a date not earlier than the end of such Fiscal Year for the type of information included under the captions "THE COUNTY--DEBT INFORMATION" and "--TAX INFORMATION" (excluding information on overlapping and underlying units) in Appendix A of the Official Statement referred to in Section 15 and (b) the combined budget of the County for the current Fiscal Year to the extent such items are not included in the audited financial statements referred to in clause (1) above; (3) in a timely manner, notice of the occurrence of any of the following events with respect to the Bonds, if material: (a) principal and interest payment delinquencies; (b) non-payment related defaults; (c) unscheduled draws on debt service reserves reflecting financial difficulties; (d) unscheduled draws on credit enhancements for the Bonds reflecting financial difficulties; (e) substitution of any credit or liquidity providers, or their failure to perform; (f) adverse tax opinions or events affecting the tax status of the Bonds, (g) modification to the rights of the beneficial owners of the Bonds; (h) call of any of the Bonds for redemption, other than sinking fund redemptions; (i) defeasance of any of the Bonds; 0) release, substitution or sale of any property securing repayment of the Bonds; (k) rating changes on the Bonds; and (4) in a timely manner, notice of the failure by the County to provide the required annual financial information described in (1) and (2) above on or before the date specified. All information provided to the MSRB as described in this Section shall be provided in an electronic format as prescribed by the MSRB and accompanied by identifying information as prescribed by the MSRB. The County may discharge its undertaking described above by transmitting those documents or notices in a manner subsequently required by the U. S. Securities and Exchange Commission in lieu of the manner described above. The County agrees that its undertaking under this Section is intended to be for the benefit of the registered owners and the beneficial owners of the Bonds and is enforceable by any of the registered owners and the beneficial owners of the Bonds, including an action for specific performance of the County's obligations under this Paragraph, but a failure to comply will not be an event of default and will not result in acceleration of the payment of the Bonds. An action must be instituted, had and maintained in the manner provided iri this Paragraph for the benefit of all of the registered owners and beneficial owners of the Bonds. The County may modify from time to time, consistent with the Rule, the information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the County, but: (1) any such modification may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law or change in the identity, nature or status of the County; (2) the information to be provided, as modified, would have complied with the requirements of the Rule as of the date of the Official Statement, after taking into account any amendments or interpretations of the Rule as well as any changes in circumstances; (3) any such modification does not materially impair the interest of the registered owners or the beneficial owners, as determined by nationally recognized bond counsel or by the approving vote of the registered owners of a majority in principal amount of the Bonds. In the event the County makes such a modification, the annual financial information containing modified operating data or financial information will explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided. The provisions of this Section terminate on payment. or provision having been made for payment in a manner consistent with the Rule, in full of the principal of and interest on the Bonds. Section 20. This Resolution, other than Section Section 19 hereof, may be amended or supplemented, from time to time, without the consent of the owners of the Bonds if in the opinion of nationally recognized bond counsel, such amendment or supplement would not adversely affect the interests of the owners of the Bonds and would not cause the interest on the 2010A Bonds to be included in the gross income of a recipient thereof for federal income tax purposes. This Resolution may be amended or supplemented with the consent of the owners of a majority in aggregate principal amount of the outstanding Bonds, exclusive of Bonds, if any, owned by the County, but a modification or amendment (1) may not, without the express consent of any owner of Bonds, reduce the principal amount of any Bond, reduce the interest rate payable on it, extend its maturity or the times for paying interest, change the monetary medium in which principal and interest is payable, or reduce the percentage of consent required for amendment or modification and (2) as to an amendment to Section 2'), must be limited as described therein. Any act done pursuant to a modification or amendment consented to by the owners of the Bonds is binding on all owners of the Bonds and will not be deemed an infringement of any of the provisions of this Resolution, whatever the character of the act may be, and may be done and performed as fully and freely as if expressly permitted by the terms of this Resolution, and after consent has been given, no owner of a Bond has any right or interest to object to the action, to question its propriety or to enjoin or restrain the County from taking any action pursuant to a modification or amendment. If the County proposes an amendment or supplemental resolution to this Resolution requiring the consent of the owners of the Bonds, the Registrar shall, on being satisfactorily indemnified with respect to expenses, cause notice of the proposed amendment to be sent to each owner of the Bonds then outstanding by first-class mail,postage prepaid, to the address of such owner as it appears on the registration books; but the failure to receive such:notice by mailing by any owner, or any defect in the mailing thereof, will not affect the validity of any proceedings pursuant hereto. Such notice shall briefly set forth the nature of the proposed amendment and shall state that copies thereof are on file at the principal office of the Registrar for inspection by all owners of the Bonds. If, within 60 days or such longer period as shall be prescribed by the County following the giving of such notice, the owners of a majority in aggregate principal amount of Bonds then outstanding have consented to the proposed amendment, the amendment will be effective as of the date stated in the notice. Section 21. Nothing in this Resolution precludes (a) the payment of the Bonds from the proceeds of refunding bonds or (b) the payment of the Bonds from any legally available funds. { i I i Section 22. All acts and doings of the Chairman of the Board of Commissioners. the County Manager, the Finance Director of the County and the Clerk to the Board of Commissioners of the County that are in conformity with the purposes and intents of this Resolution and in the furtherance of the issuance of the Bonds and the execution, delivery and performance of the Bond Purchase Agreement are in all respects approved and confirmed. Section 23. If any one or more of the agreements or provisions herein contained is held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited. or against public policy, or for any reason whatsoever is held invalid, then such covenants, agreements or provisions are null and void and separable from the remaining agreements and provisions and will in no way affect the validity of any of the other agreements and provisions hereof or of the Bonds authorized hereunder. Section 24. All resolutions or parts thereof of the Board of Commissioners in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section 25. This Resolution is effective on its adoption. This the 17th day of May ?010. LOV N T Y. Jason R. T meson Chairman, Board of Commissioners o� p TEST: 3� ,2 Sheila L. Schult, Clerk to Boar i