Laserfiche WebLink
<br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />MARTINSVILLE, VIRGINIA: <br /> <br />1. Each of the above recitals is incorporated and restated herein as ifset forth herein. <br /> <br />2. Martinsville hereby requests that the PDC participate in the creation of the <br />Company to acquire, own and operate the System. <br /> <br />3. All approvals of the Council required in connection with the formation or <br />operation of the Company will be conditioned upon the Company having furnished a document <br />or instrument setting forth its legally binding obligation (i) to indemnify and save harmless the <br />POC, its officers, directors, employees and agents from and against any and all liabilities, <br />obligations, claims, damages, penalties, fines, losses, costs and expenses in any way connected <br />with the Company or the System, (ii) that the Company and its officers, directors, employees and <br />agents shall not obligate the PDC in any respect whatsoever in connection with the Company or <br />the System, including, without limitation, to the payment of any moneys or the performance of <br />any acts and (iii) that any covenant, condition, warranty or agreement contained in any <br />document, instrument or agreement which the Company may execute, to which the Company <br />may be a party or relating to the Company or the System in any respect shall not be a covenant, <br />condition, agreement, warranty or obligation of the POC or implicate it in any respect. <br /> <br />4. The Council hereby authorizes the City Manager, in consultation with the City <br />Attorney, to determine the Company's compliance with the requirements set forth in paragraph 3 <br />above, and any approval of the Council, or of its delegatee as the case may be, shall be <br />conclusive evidence of such compliance. <br /> <br />5. The Council authorizes the City Attorney or the City Manager to present this <br />resolution to the next meeting of the PDC or of its Executive Committee. <br /> <br />6. This resolution shall take effect immediately. <br /> <br />ADOPTED by the City Council of the City of Martinsville, Virginia, this 28th day of February, <br />2006. <br /> <br />******* <br /> <br />Attest: <br /> <br />Susan N. Johnson, Clerk of Council <br /> <br />Date Adopted <br />