HomeMy WebLinkAboutAgenda - 10-15-1996 - 5b 1
Orange County
Board of County Commissioners
Action Agenda
Item No
Action Agenda Item Abstract rl
Meeting Date: October 15, 1996
Subject: Resolution Authorizing Request for Proposals for Bond Counsel
Department: Finance/Manager/Attorney
Attachment(s): Public Hearing: Yes No x
Resolution Budget Amendment
Needed: Yes No x
Information Contact
Ken Chavious, ext 2450
Rod Visser, ext 2300
Geof Gledhill, 732-2196
Telephone and Extension Number
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 227-2031
Purpose: To consider a resolution that would authorize County staff and the County
Attorney to solicit proposals for a new County bond counsel.
Background: For many years, Orange County has been ably represented by the firm of
Brown &Wood, of New York City, when it has required the services of bond counsel to provide
legal advice on debt and related financial matters. During that time, the County has worked
specifically with Mr. Gundars Aperans. The County recently received notice that Mr. Aperans will
be leaving Brown &Wood because of changes in the focus of that company's practice.
County and Chapel Hill-Carrboro School staffs are working on the procedural steps necessary to
pursue private placement financing for the planned new Southern Village Elementary School. The
County's Capital Improvement Plan includes plans to obtain $5 million of the funding needed for
this elementary school before the end of calendar year 1996. The County will require the services
of bond counsel to review numerous aspects of this planned financing, including its tax-exempt
status.
Given Mr. Aperans's departure from Brown &Wood, staff recommends that the Board approve
the attached resolution authorizing staff and the County Attorney to distribute a Request for
Proposals(RFP)to firms in North Carolina who may be interested in and qualified for service as
bond counsel for the Southern Village Elementary School financing deal. The intent is to bring
back a recommendation on appointment of bond counsel from the Manager for consideration by
the Board at the November 4 regular meeting. This appointment would be for this specific project,
with the option of retaining the same bond counsel for future debt issues, or conducting another
RFP process for future planned debt issues.
Recommendation: The Manager recommends that the Board adopt the attached resolution.
2
ORANGE COUNTY BOARD OF COMMISSIONERS
A RESOLUTION AUTHORIZING REQUEST FOR PROPOSALS FOR BOND COUNSEL
WHEREAS, Orange County will require the legal services of bond counsel to review
documentation relating to the County's planned private placement financing of the new Southern
Village Elementary School, and
WHEREAS, Mr. Gundars Aperans is leaving employment with Brown &Wood, having rendered
excellent legal representation over the years while serving in the capacity of Orange County's
bond counsel, and
WHEREAS, it is impractical for Mr. Aperans to serve as bond counsel for the Southern Village
Elementary School project financing due to the timing of the need for those services, and
WHEREAS, there are a number of law firms in the State of North Carolina likely to be capable of,
and interested in, providing representation to Orange County as bond counsel,
NOW, THEREFORE BE IT RESOLVED, THAT the Orange County Board of Commissioners do
hereby authorize the County Manager, County staff, and County Attorney to prepare and
distribute a Request for Proposals to various law firms in the State of North Carolina to ascertain
their qualifications for, and interest in, providing representation to the County as bond counsel for
the Southern Village Elementary School project financing, and
BE IT FURTHER RESOLVED THAT the County Manager is directed to present a
recommendation on selection of County bond counsel consistent with the timetable necessary to
facilitate the Southern Village Elementary project financing according to the approved Capital
Improvements Plan.
This, the 15th day of October, 1996.