HomeMy WebLinkAboutAgenda - 06-30-1997 - 9c , 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 30, 1997
Action Agenda
Item No. —`►
SUBJECT: Notice of Intent to File Application with the Local Government Commission for November,
1997 Bond Referendum
DEPARTMENT: Finance PUBLIC HEARING: (Y/1)
BUDGET AMENDMENT: (Y/1)
ATTACHMENT(S): INFORMATION CONTACT:
Resolution Required by LGC Ken Chavious Ext. 2453
Notice of Intent
School Board Resolutions
Referendum Timetable Proposed by Bond TELEPHONE NUMBERS•
Counsel Hillsborough 732-8181 .
Chapel Hill 968-4501
Durham 688-7331
Mebane 227-2031
PURPOSE: To proceed with the legal requirements and Local Government Commission
guidelines necessary for the Bond Referendum planned for the November 4, 1997 election.
BACKGROUND: Information regarding the Bond Referendum process and required
procedures was provided to the Board of Commissioners in the Finance Director's memorandum of
June 3, 1997. This memorandum discussed information relative to the structure of bond orders as
well as a suggested time table for certain required actions leading up to the November 4, 1997
proposed Bond Referendum.
In accordance with the proposed time table,the initial Board action required for the November
referendum is the adoption of the "Notice of Intent". Adoption and publication of this notice is a
statutory requirement and officially informs the public of the County's plans to have a bond
referendum and to issue bonds to fund certain capital projects. The"Notice of Intent"has been
prepared by Bond Counsel and establishes the maximum amount of bonds for which the County
will be seeking Local Government Commission(LGC)approval. Once adopted,the amount finally
agreed upon by the Board can not exceed this maximum established in the "Notice of Intent."
In addition to the statutory requirement for the "Notice of Intent", the LGC requires that the
County adopt a resolution which states the need for the County to issue bonds to fund projects.
This resolution is essential in obtaining the required approval from the LGC to proceed with the
November referendum. Several blanks in the resolution related to amounts and tax rate impacts
would be filled in based on the Board's discussion at its 5:30 special meeting on June 30.
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Resolutions from the two school boards citing their capital needs have been adopted and are
included, as recommended by bond counsel.
RECOMMENDATION(S): The Manager recommends that the Board:
-Confirm the proposed time table.
-Approve the"Notice of Intent".
-Adopt the Resolution .
-Authorize the Clerk to Publish the"Notice of Intent".
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NORTH CAROLINA ORANGE COUNTY BOARD OF
ORANGE COUNTY COMMISSIONERS RESOLUTION
WHEREAS growth in Orange County has been, and is predicted to continue to be
significant; and
WHEREAS with the growth there has been and continues to be an ever-increasing
demand for County services; and
WHEREAS County facilities are inadequate to provide the space necessary to deliver
the demanded County services or to provide certain opportunities to
County citizens; and
WHEREAS the County plan for the expansion of County owned sanitary sewer
facilities has not been implemented because of a lack of funds and the
expansion will address the need of County citizens awaiting services by
the facilities; and
WHEREAS funding for housing for County citizens of low and moderate income is
limited and this housing is at a premium and likely to be more available
through joint ventures between the County and non-profit corporations
within the County whose mission is to provide housing for persons of low
and moderate income; and
WHEREAS the Orange County Board of Education and the Chapel Hill-Carrboro
Board of Education have formally requested funding from Orange County
for school facilities necessary to overcome quality deficiencies, to eliminate
present classroom overcrowding and to meet future space needs in order to
address the demands placed on the school systems by growth in Orange
County; and
WHEREAS the Orange County Commissioners have initiated,reviewed and received
public comment on a ten-year Capital Improvement Plan(hereinafter
referred to as CIP) in order to address the facilities needs of the County
and the two school systems located in the County; and
WHEREAS it is impractical to fund the facilities construction and improvements
necessary to implement the CIP and County policies with"pay as you go"
revenues generated wholly from the current property taxes, current sales
taxes, impact fees and other current revenue; and
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WHEREAS the Board of Commissioners proposes funding for certain major projects
in the implementation of the CIP and County policies with the proceeds of
general obligation bonds, and with proceeds of current property taxes,
current sales taxes, impact fees and other current revenue; and
WHEREAS those projects proposed to be implemented with proceeds of general
obligation bonds in a total amount not to exceed$ is as follows:
Schools-total amount not to exceed $
Public Buildings total amount not to exceed $
Parks total amount not to exceed $
Providing housing for persons of low and
moderate income total amount not to exceed $
Sewer Expansion total amount not to exceed $
WHEREAS it is the intent of the Orange County Board of Commissioners to seek
approval of the voters of Orange County at the general election to be held
in Orange County on November 4, 1997 for the County to issue general
obligation bonds.
IT IS RESOLVED THAT:
1. Orange County intends, on November 4, 1997, to seek approval of the
voters of Orange County for Orange County to issue general obligation
bonds in a total amount not to exceed$ , as detailed above in
order to implement the CIP and County policies.
2. Orange County has made all debt service payments on existing debt on a
timely basis as evidenced by its audit report for the year ended June 30,
1996, and for the period since June 30, as confirmed by the County Finance
Director.
3. According to Orange County's audit report for the year ended June 30,
1996, its budgetary and fiscal management policies have been carried out in
compliance with all applicable laws, requirements and other guidelines.
4. In order to meet the increase in debt service occasioned by the repayment
of the proposed bonds entirely from proceeds of Orange County property
taxes, it is estimated that a cent tax increase would be necessary.
However, it is anticipated that only a cent tax increase will be necessary to
meet the increase in debt service, with the balance coming principally from
sales tax and other revenues committed by the Orange County Board of
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Commissioners for that purpose.
5. The Clerk to the Board of Commissioners shall publish, on or before July
15, 1997, in a form prepared and approved by Orange County's bond
counsel, Orange County's "Notice of Intent"to file an application with
the North Carolina Local Government Commission for approval of the
proposed bonds.
6. The Orange County Finance Director shall prepare and submit the
application to the North Carolina Local Government Commission for
approval of the proposed bonds.
7. The County Manager is hereby authorized to employ Robert M. Jessup, Jr,
of Chapel Hill,North Carolina, and Nexsen Pruet Jacobs& Pollard, LLP,
of Columbia, South Carolina,to represent Orange County as bond counsel
in the authorization and issuance of the proposed bonds.
Upon motion duly made and seconded, the foregoing Resolution was adopted by
the Board of Commissioners of Orange County,this the 30th day of June 1997.
Ayes:
Noes:
e
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NOTICE OF INTLrMT TO APPLY
TO THE NORTH CAROLINA LOCAL GOYERNl1EW COp MIMON
FAR P VAi Olt GKN F Ai.OBLIGATION BOND Li¢g M
Please take notice as follows:
I. TU Board of Co ones of Omp County,North Caeoli=6 intends to apply
to the North Carolina Local Goveormnent ConsWasion for mch Commisaa4's approval of gmeral
obi bawd issues for the County.
2. The separsto pwpow of the pt+oposed bond issues,stud the maximum sumunt of
the bonds to be issued fw eseh purpose,sre as folbwx
Public school ScWties s
Public buildinp s
Parks sad remotion facilities S
Switwy sewer"soma z
Pmvidiag homing for persons of low
and msoda ue income s
3. Any dd— oc taxpayer of Orange Courny.may, witbiin sevm days of this
publication,file with the County':Board of Commissioner(by writing ov the Clok of the Board
Of C ,orsage County, Post Office Box$181,xiltsborottgh,Noft Camlm 27278)
and the No ft Cualimt Local Government COMO= i= is Rale�h (by WAtkag to the North
Carolina Local Govenlment Commission, Attention: SMeraty of the Commission, 325 North
Salisbury St., Raleigh,North Cootiaa 27603-1385),s written ddcmft of any objecdQm such
titres or taxpayer may bave to the Wuaae of such bonds.
Beverly A.Blythe
Cleric,Bond of Commissiaral+rs
Orange Cwmty,Not1h Carolina
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donme,04tap Moab of tbuta Lion
.00 27218
it onarr
Resolow reques ft rice Bond of Corardasienecs for ft County of Ormw to provide fa
a l"=e school facilities in cite Orate Catab►sabool system—
Be it resolved by the Orate Cccrosy Board of Edacatiosr.
SootkM I. T*Otartpa Co=4-Board of Bdacatioa has detawd
and farad as fact that adeozaw achod fsdlides are not now available
to the Onop County SchaW.Bywa to comply with raqwronmes of
Section 2,Article IX of the Chan of No ft Cuohae for the
rneinftntmu of scbook,Diet umft at every year and that it is
tfecessary,is arrkr to moia4i n piwh Wee a 000th's school term as
required by said Seaaom laf Ai*to DC odtbs C,=Wtatim to
Provide adegaft school"Bties ip said unit by a wring additional
schod buildings and other schod plant fac&des,nmodedbng,
eotsa�g gaud reoomtract� robbol baiidatps and otrier
school PIM h='Iidit acgeleiag any notary lead,fumWd 1p
and equ#wwnt. i dWta'atpport��
d>txefcomil and developing such hod,the asamwed coat of which is
$44.293,983,of whicb it is. scam booda vdH provide
$3,980,160,impact toes w►ij y 31A53,S43 and CJP win
prwink$12,1MOW,vri*+liilii,762,2W bpi ceded from kcal
boads.
Section 2. M*Baerd*f Coaoeni+a for"County of Orange '
is regac�ed to tube ail pevee ary arch.by the iwua a of book
of S24,762,284,is order*atai&.way be provi&d for mch schod
facfHtLes.
This resoiardon beh*oil ttih►idoptal-by the Orates Cooaty Board
of Bdncaaoo in session an giant:.1g, 1997.
(SEAL) Azt,
Secretary to ft su rd Head C ha*man
C
8 y
Resolution requssting the Board of Commissioners for the County
of Orange to provide for adequate school facilities in the
Chapel Hill-Carrboro School System
Be it resolved by the Chapel Hill-Carrboro City Board of Education:
Section 1. The Chapel Hsi-Carrboro City Board of Education has
determined and found as fact that adequate school facilities are not now
available in the Chapel Hiii-Carrboro School System to comply with
requirements of Section 1, Article IX of the constitution of North Carolina
for the maintenance of schools, nine months in every year and that it is
necessary, in order to maintain such nine month's school term as
required by said Section 2 of Article IX of the constitution, to provide
adequate school fw Mies In said unit by erecting additional sal
buildings and other school plant faculties, rernodeNnq, enlarging and
reconstructing existing school buildings and other'school plant facilities.
acquiring any necessary land, furnishing and equipping Owed. and
developing such land,the estimated oost of which is 1"74,226,191.
Section 2. The Board of Commissioners for the Court of Orange is
requested to take all necessary steps. by the issuance of bonds or
otherwise, in order that funds may be provided for such school facilities.
Approved by the Chapel Hill-C�ro City Board of Education in regular
session on Thursday, June 19, 1997.
fiAark R. Acyster,Chair Nei G. Pedersen
Board of Education Board of Education Secretary
Approved 7-0 by Chapel Hill-Carrboro city Board of Education
at its regularly scheduled meeting, June 19, 1997.
f
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Orange County, North Carolina —
Proposed Timetable for November Bond Referendum
Event Date
1. Contact LGC to discuss proposed timetable; get As soon as possible
copy of required LGC application
2. Give informal notice to County Board of Elections As soon as possible
3. Obtain school board resolutions Prior to 6/30 County Board meeting
4. Board adopts "own words" resolution explaining At 6/30 Board meeting
purpose for issue and adopts resolution
authorizing publication of notice of intent to file
LGC application
5. Publish notice of intent to file application As soon as possible after 6/30 meeting
and in any event by 7/15
6. File LGC application Between 7/25 and 8/4(must be at least
10 days after event 4 and prior to event 6)
7. Board introduces bond order, schedules public At 8/4 Board meeting
hearing and provides for publishing notice of
public hearing
8. Clerk files sworn statement of debt Any time between event 6 and event 8
9. Publish notice of public hearing on Bond Order By 8/13 (after event 7 and at least six
days prior to event 9)
10. Hold public hearing At 8/20 Board meeting
11. Adopt bond order, formally set ballot question and At 8/20 or 9/2 Board meeting
referendum date
12. Publish bond order as adopted As soon as possible after event 10
13. Publish notice of referendum,(twice) By 9/26; then by 10/3 (recommended to
publish not later than 9/16 and not
later than 9123)
14. Referendum occurs 11/4