HomeMy WebLinkAboutAgenda - 11-19-1996 - 7a s
t 1
Orange County
Board of County Commissioners
Action Agenda
Item No
Action Agenda Item Abstract
Meeting Date: November 19, 1996
Subject: Southern Village Elementary School Financing and Land Acquisition
Department Manager/Finance/Attorney Public Hearing Yes x No
Budget Amendment
Needed Yes No x
Attachment(s) Information Contact
OC Resolution (Excerpt from BOC Minutes) Rod Visser, ext 2300
11/1/96 CHCCS Attorney Memo w/CHCCS Ken Chavious, ext 2450
Resolution Adopted 11/7/96 Geof Gledhill, 732-2196
Proposed School Site Plan Telephone and Extension Number
Preliminary Plat of School Site Hillsborough 732-8181
Recommended Financing Agreement Chapel Hill 968-4501
(under separate cover) Durham 688-7331
Mebane 227-2031
Purpose: To conduct a public hearing on the proposed financing for the new
Southern Village Elementary School, and on the proposed acquisition of the school site
from the Chapel Hill-Carrboro Board of Education; and to consider approving the
proposed financing agreement.
Background: The Board of Commissioners previously established the November 19
regular meeting as the time and place to conduct a dual-purpose public hearing related
to the new Southern Village Elementary School. The first public hearing, required by
North Carolina statute, concerns the proposed installment purchase financing
agreement that will provide the funding for construction of the school. The second
required public hearing concerns the acquisition of the school site by Orange County
from the Chapel Hill-Carrboro City Schools (CHCCS). On November 7, 1996, the
Chapel Hill-Carrboro Board of Education approved a resolution requesting that the
Orange County Board of Commissioners acquire title to the school site.
Under the proposed arrangement, the County would own the school site and the new
school facility, thereby providing a security interest to the financial institution who will
provide the financing. At a subsequent meeting, the Board of Commissioners would
actually approve the school site acquisitiorr, and approve an agreement between the
County and the Schools whereby the Board of Education would lease back the new
school facility from the County for a nominal fee. The arrangement contemplated for the
Southern Village Elementary School is similar to that entered into by the County and
CHCCS regarding McDougle Elementary School.
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The County's bond counsel has prepared the attached resolution as part of the record of
proceedings to document legal steps required of the County to pursue tax-exempt
financing of the new school.
Financing proposals from prospective lenders are due to the County Finance Director by
noon on Friday, November 15. Staff will review proposals, with the Manager's
recommendation concerning the best financing arrangement to be transmitted to the
Board of Commissioners on Monday, November 18.
Recommendation: The Manager recommends that the Board: 1) conduct the required
public hearings; 2) approve the proposed installment purchase financing agreement;
and 3) approve the attached resolution as prepared by bond counsel.
3
ORANGE COUNTY, NORTH CAROLINA
Exoerpt from Minutes of the Board of C 1 Meeting
November 19, 19%
Ile Hoard of Commissioners of Orange County, North Carolina, held a regular meeting
on November 19, 1996, at the OWASA meeting room in Carrboro, North Carolina,
Commissioners present were:
Absent.
Aatoag the others attending the moetipg were the following
The County Manages informed the Hoard that the next item of busuva was to could-r
prelinuna:y Board action related to the proposed inert financing for Southern Village
Elcummary School, as previously considered by the Board, mcbu& approval for the County
to acquire the school site. The Coumy M=M then prod the following resolu don for ft
Board's consideration and read its title:
11 )LUTION APPROVING, IN PRI14CM29 A FINANCYNG PLAN FOR
SOLTIM N VUJ AGE NARY SCHOOL, AND ACCEPTING TITLE TO
P03BD Sam" SITE
The Board of Commissioners of Orange Canty, North Carolina, in collaboratfa 1 with
the school boards for the two school admW tt" units m the County, has previously
-----mined to paboeed with a plan for capital Improvements for schools In the County, including
the acquisition and construction of the planned now Southern Village Elarzmbiry School (ft
Now School").
4
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Thou has been descn'bed to the County's Board of Commissioners a plan for the
installment financing of the New School pursuant to agreements to be entered into with, among
others, (the "Bank").
BE IT RE.YOLYED by the Orange Comity Hoard of Cogs:
1. The County bereby determines to underialoe an installment financing of the New
School with the Bank. The County's officers are hereby authorized and directed to proceed with
the preparation of appropriate documents and to take all such farther action as they may consider
necessary or desirable in connection with carrying out the proposed plan of financing. This
approval is subject to the Board's subsequent fattier approval of financing terms, conditions And
documenta.
2. The County hereby determines to accept a deed to the real proopetty upon which
the New School is to be constructed. The C.moty Manager is hereby Authorized to accept a deed
to such property on the Caunty's behalf. The deed shall be its such form as rho County
Manager, in consultation with the County Attomey, shall deem appropriate.
2. All other actions of County offer in coatfamity with the purposes and intimb
of this resolution are hereby ratified, approved and confirmed. All odier rasdutions or puts
thereof in eonfficx bmwvAth, to the e of such conflict, are hereby repealed. This resolution
shall take effect immediately.
After discussion, Convaissioner moved the passage of the foregoing
resohrtion, Cotnmissiora seconded the motion, and the mohttion was
adapted by the following vote:
Ayes: an%1 5
Nays:
Not voting:
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5
r s s s s s s
Clerk of the Board of Commissioners of Orange County, North
Carolina, DO HEREBY C8RTIFY that the foregoing is a true extract from the minutes of a
meetiog of such Board duly called and bold on November 18, 1996, at which a quorum was
Present and acting thrOU00nt.
WITNRSS my hand and the County's official seal this day of November, 1996_
(OFFICIAL SEAL)
Cleric, Board of Commiukkam
Orange CouM, North Carolina
Nov- 14-96 11 :01A Coleman Gledhill Hargrave 919 732 7997 6
MCCOLMICK&HINSON,P.A.
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I"G. WASphoft (919)42f7171
E#X W.MrAWN fitsimdle (919)92967219
KAPAWw a.OL&M c-MU ftfino@awA,ma
MEMORANDUM
TO: The Chapel Hill-Canto"City Board of Education
and Dr.Neil G.Pedenea,Snperlateademt
FROM: John G. McCorafch,School Board Attorney
RE: RewhMen requesting Ck*W Comely,NC to acquire tide to new Eementary
school site(Southern Village Elementary School)
DATE: November 1,19%
In Apeil of 19%, Southern ViUase Limited Puoaership executed a deed donating
approximately 6.195 acm of laud in the Southern Village arm Chapel Hill,Osage County,NC
to the Board of Education. This land is to be ft core site for the coatsamion of a thew
elenaerxy school,(herein referred to as"Southern Village Elelonanta y) In order to finance the
construction of Southern Village Flemnealary and od w site is, (range County and
the Hound of Education will utilize tlsss special legislation which was posed is 1993 and known
as Senate Bill 1679,now codified as N.C. Gees. Stet. 1153A-158.1. G.S. 1153A-158.1 allows
[range County and the Board of Education to enter into an Intergovernmental AWmemt to
obtain private finawmg using the land,school building and other site itnptovemcuts as collateeral
for the private financing Joni. Under the Ia----- - tan-- Agrccment,the Board of Education
will grant title to the property to Orange County and Otaatge County will grant the Bnard of
FAucative a long term lease for use of the property. At the end of the term of the private
Snatncing loan, which coincides with the tarn of the long term lease. Orarsge County will deed
the property back to the Hoard of Fducation. This finaming method was utilized for the
construction of McDwSk Elementary School and the use of bkDavoe Elementary School by
the Board of Educaion is controlled by an Intn veanwcatal Agreement which is similar to the
aS reemeat cootianpla sed in this case.
Aga*the 6.195 an tract is to be the con site of Sou*=Village Menrentary. Under
plums dvvelope d by llakan Corley Rodfoot Zack,Inc.,(architects for the project),it is saticipated
that otter lands will need to be acquired. Current plans call for d se acquisitions to be obtained
at least partially through a land-swap between the Board of Bducuion and the Town of rhatiel
Hill,which owns adjoining land.
7A 19MA rOGNIN g >01Wd0MW 6T.'.l6Z66T6 61:81 9661/ZT/TT
Nov- 14-96 11 :O1A Coleman Gledhill Hargrave 919 732 7997 !
i
Memorandum to the Board of Education and Superintendent
November 1,19%
Page 2
The Orange County Board of Commissiomas expects to hold the required public bearings
on November 19, 1996. A financing proposal is expceteed to be fintiaed by early December,
1996. Ilia lases transfer and financing closing is expect to oe m on December 18, 1996.
In order to comply with the mquh=cmt of G.S. § 153A-158.1, it is necessary for the
Board of Education to request than Orange County acquire tick to the school property. The
Orange County Board of Commissioners must hold the accessary public hearings before
approving this request.
Thcwfore.I am reromme ndmg that the Hoard of Education pass the following resolution
requesting such action.
BE IT THEREFORE RESOLVED, that The Chapel Hill-Csrrboro City Board of
Education tuquests that Oraage County,North Carolina,sequin title to the site on w b"a
new elementary school is so be built in the Southern YUhW ores, Chapel Hid, Orange
County, North Carolina, such site to contain land presently owned by the Do" of
Education, together with such adjacent property as may be m4aired by the Board of
Eduestiom6 less suet property as may be swapped by the Board of Edneatiaa with the
Town of Chapel Hill, North Carolina. This transfer is fer the purpose of trouncing,
e ansbvcting and using the vow elementary sebaoll and other who impreve meets pursuant to
an Intergovernmental Agreement by and behi the Beard of Education and Orange
co".
Fq -*Wd rdOSIJIH et y'JIWaO�w 6t:,[6::66if+ 6I=8I 9661/ZT/tT
Nov- 14-96 11 :01A Coleman Gledhill Hargrave 919 732 7997 8
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Memorandum to the Board of Education and Superialmdent
November 1, 1996
Page 3
I, Neil G. Pedersen, Superintendent and Secretary of nw Chapel Hill•Carrbore City
Board of Education, do hereby certify that the foregoing is a true,complete and correct copy of
On uatiticd resonation requesting Orange Courtly,North Carotins, to acquire title to the property
of The Chapel Mill-Carrboro City Board of E C196vn, the site upon which a new ekarmMtary
school and other site MgW0vemetas us to be built, which site is located in the Southcm Village
area,Chapel Hill, Orange County,North Carolina.pWuaM to atl It tergovertmnental Agreement
by and Wwvcn The Chapel Hill-Cmrbom City Board of Education and Orange Co=y, for the
financing,consmiction and use of the new clementary school and other site improvements.
VVitness my hand and seal of The Chapel Hill-Curboao City Board of Edw;ation, this
-LL�t day of NP rexygf 1996.
c Neil G.Pedersen,Seodaat and Secretary of
The Chapel Hill-Carrboro City Board of Education
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