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HomeMy WebLinkAboutRES-1996-017 Resolution Authorizing the Filing of Application for Approval of a Financing Agreement Authorized by NC General Statute 160A-20 ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR APPROVAL OF A FINANCING AGREEMENT AUTHORIZED BY NORTH CAROLINA GENERAL STATUTE 160A-20 WHEREAS, the County of Orange, North Carolina desires to purchase property located at 5011503 West Franklin Street, Chapel Hill, North Carolina,which property includes a building and parking facilities, in which to locate its Skill Development Center (hereafter "the Project); and WHEREAS, the County of Orange desires to finance this purchase in an amount not to exceed $1.2 million by use of an installment contract authorized under North Carolina General Statute 160A, Article 3, Section 20; and WHEREAS, findings of fact by this governing body must be presented to enable the North Carolina Local Government Commission to make its findings of fact set forth in North Carolina General Statute 159, Article 8, Section 151 prior to approval of the proposed contract; NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Orange County, North Carolina, meeting in regular session on the sixteenth day of April, 1996, make the following findings of fact: 1. The proposed acquisition is necessary or expedient because: a. The Project will serve as a one stop center for services such as information, assessment, referral and training for citizens seeking access to these services to prepare them for and help them locate employment or higher paying employment. There is no similar facility in the County; and b. The location of the Project is ideal for the function it will provide. Its location on the Chapel Hill Transit and the County's OPT bus routes will make accessibility by public transportation convenient. c. The Project is in immediate proximity to the highest concentration of unemployment and poverty in all of Orange County; and d. The building which is part of the Project, as it presently stands,will require minimal upfit for the purpose it is to serve; and e. The purchase and upfit costs will be significantly less than the cost of new construction for a similar facility; and E The purchase of an existing building will allow services to the citizens of the County to be offered much sooner than if a new facility were to be built. 2. The proposed contract is preferable to a bond issue for the same purpose because: a. The opportunity to purchase the Project is not one which will exist for an extended period of time. This method of contracting would be the most expeditious manner in which to raise cash to purchase the Project; b. The not-to-exceed amount of$1.2 million represented through this contract and imperative for the purchase of the Project cannot be prudently raised from currently available appropriations, unappropriated fund balances, or non-voted bonds. 3. The cost of financing under the proposed contract could be greater than the cost of issuing general obligation bonds. However, this method of financing will increase the alternatives available to Orange County to obtain the most cost effective, timely, and flexible means possible of funding the Project. Given Orange County's excellent credit standing, any differences in the comparable costs between bond financing and installment purchase financing will be reasonable. 4. The sums to fall due under the contract are adequate and not excessive for the proposed purpose because funding of the debt service thus created is already planned in Orange County's long-term Capital Improvement Plan. 5. The County of Orange's debt management procedures and policies are good because the County's existing and planned debt falls well within North Carolina's legal debt limitations for local governments; furthermore, Orange County's excellent creditworthiness is well recognized by investors and well established by the principal municipal bond rating agencies with bond ratings of Aa1 (Moody's) and AA+ (Standard and Poor's). 6. There will be no increase in ad valorem property taxes necessary to meet the sums to fall due under the proposed contract. Rent payments from tenants presently residing in the 501 West Franklin Street portion of the Project will offset a portion of the annual debt service payment, with the balance of the debt retired through pay-as-you-go revenue. 7. The County of Orange is not in default in any of its debt service obligations. 8. That it is the opinion of the Orange County Attorney that the purchase of the Project by Orange County with public funds is authorized by the laws and Constitution of North Carolina and that the Orange County Attorney will render his written opinion to that effect contemporaneous with the closing of the purchase of the Project. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Finance Officer is hereby authorized to act on behalf of the County of Orange in filing an application with the North Carolina Local Government Commission for approval of the Project and the proposed financing contract and other actions not inconsistent with this resolution. This resolution is effective upon its adoption this the 14th day of May, 1996. The motion to adopt this resolution was made by Commissioner Halkiotis , seconded by Commissioner Gordon , and passed by a vote of 4 to 0 oses Carey, Chair ATI'ES Beverly A. B he, Clerk to threBoard This is to certify that this is a true and accurate copy of this resolution adopted by the Orange County Board of Commissioners on the 14th day of May, 1996. everly A. the, Clerk to t e Board Date [COUNTY SEAL] 2.2a 1eases\503frank\res12fin.wpd