HomeMy WebLinkAboutRES-2006-071 Resolution for 2006 Financing Related to Carrboro High School <0:) 3
2006 Orange County financing for Carrboro High School -- Resolution supporting
an application to the Local Government Commission for its approval of a financing
agreement, and taking other appropriate action
WHEREAS--
Orange County has previously undertaken to finance the acquisition and
construction of a new high school for the Chapel Hill — Carrboro school district, to be
known as Carrboro High School, and has established a financing plan that combines pay-
as-you-go funding, general obligation bonds and installment financing.
The County Commissioners now desire to continue the financing process for the
high school by providing tentative approval for approximately $9,000,000 in financing
for the project by the use of an installment contract, as authorized under Section 160A-20
of the North Carolina General Statutes.
Under the guidelines of the North Carolina Local Government Commission (the
"LGC"), this governing body must make certain findings of fact to support the County's
application for the LGC's approval of the County's proposed financing arrangements for
the project.
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of
Orange County,,North Carolina, makes the following findings of fact:
1. The proposed project is appropriate for the County under all the
circumstances. The project has been considered in detail by the Board on multiple
occasions and is appropriate to serve the school population in the C — Carrboro
district.
2. The proposed installment financing of approximately $9,000,000 is
preferable to a bond issue for the same purpose. It is appropriate for the County to
balance its capital finance program between bonds and installment financing, and the
County has already applied some general obligation bond funds and other resources to
this project. This project is also suitable for installment financing because the financing is
for a single real property asset, and this financing can later be combined with a larger
installment financing the County has planned.
3. The estimated sums to fall due under the proposed financing contract are
adequate and not excessive for the proposed purpose. The County will obtain
competitive lending proposals, and will closely review proposed lending rates against
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market rates with guidance from the LGC. The project is under construction pursuant to a
construction budget previously evaluated by the Board.
4. As confirmed to the Board at this meeting by the County's Finance Officer,
(a) the County's debt management procedures and policies are sound and in compliance
with law, and (b) the County is not in default under any of its debt service obligations.
5. The County expects that any tax increase that may be attributable to the
current proposed financing will be minimal and will.in any event be appropriate under all '
the circumstances, given the importance of the project.
6. The County Attorney is of the opinion that the proposed project is
authorized by law and is a purpose for which public funds of the County may be
expended pursuant to the Constitution and laws'of North Carolina.
BE IT FURTHER RESOLVED by the Board, as follows:
(a) The County's Finance Officer is authorized and directed to file an
application with the LGC for its approval of the project and the proposed financing
arrangements and to take all necessary and appropriate action related to the LGC
approval process.
(b) The Finance Officer is authorized and directed to solicit proposals from
financial institutions to provide the financing contemplated by this resolution and to make
a recommendation to the Board of the proposal that he determines to be in the County's
overall best interests.
(c) The County intends that the adoption of this resolution will be a declaration
of the County's official intent to reimburse project expenditures from financing proceeds.
The County intends that funds that have been advanced, or that may be advanced, from
the County's general fund, or any other County fund, for project costs will be reimbursed
from the financing proceeds.
(d) A public hearing on this matter will be held at the Board's meeting of
October 3, 2006. The Manager is authorized and directed to set the time of the hearing,
and the Clerk to this Board is authorized and directed to publish a notice of such public
hearing in the form and manner provided for by law.
(e) This resolution takes effect immediately.
5
Orange County - Carrboro FUghTemporary Financing - Schedule
County staff provides update As soon as possible
report to LGC after 8/31 BOCC work session
II
County Board adopts preliminary BOCC meeting of 9/12
findings resolution; formally calls
for public hearing
County sends out bank loan RFP By 9/15
Publish notice of County public By 9/21
hearing
Bank proposals due back to the By 9/28
County
County Board holds public BOCC meeting of 10/3
hearing; adopts resolution
approving financing
School Board approves financing School Board meeting of 10/5
and property transfer
County sends application By 10/6
materials to LGC
LGC approval 11/7-8
First available closing date 11115
Orange County, North Carolina -- Notice of Public Hearing --
Financing for Carrboro High School
The Board of Commissioners of Orange County, North Carolina, will hold a public
hearing on Tuesday, October 3, 2006, at 7:30 p.m. (or as soon thereafter.as the matter
may be heard).' The purpose of the hearing is to take public comment concerning a
proposed financing contract, under which the County would borrow approximately
$9,000,000 to funds for the acquisition and construction of Carrboro High School. The
County may also use financing proceeds to provide required reserves and pay financing
costs.
The hearing will be held in the F. Gordon Battle Courtroom, Orange County
Courthouse, 106 East Margaret Lane, Hillsborough, North Carolina.
The proposed financing would be secured by a lien on the high school (and its
associated land) and the County's promise to repay the financing, but there would be no
recourse against the County or its property (other than the pledged facility and the
associated land) if there were a default on the financing. As part of the financing plan,
the Chapel Hill - Carrboro Board of Education will transfer the school property to the
County.
All interested persons will be heard. The County's plans are subject to change
based on the comments received at the public hearing and the Board's subsequent
discussion and consideration. The County's entering into financing is subject to
obtaining approval from the North Carolina Local Government Commission.
Persons wishing to make written comments in advance of the hearing or wishing
more information concerning the subject of the hearing may contact Kenneth T.
Chavious, Finance Officer, Orange County., Post Office Box 8181, Hillsborough, NC
27278 (telephone 919/245-2453)..