HomeMy WebLinkAboutRES-2016-024 Resolution Regarding Legislative Matters on Orange County Detention Center property 19
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RES-2016-024
NORTH CAROLINA
RESOLUTION REGARDING
ORANGE COUNTY LEGISLATIVE MATTERS
BE IT RESOLVED by the Board of County Commissioners of
Orange County that the Board hereby requests the Senator and
Representatives representing Orange County to introduce and
support the following legislative matter:
1. AN ACT TO FACILITATE ORANGE COUNTY JAIL CONSTRUCTION
(Exhibit A) ;
Upon motion of Commissioner seconded by
Commissioner , the foregoing resolution was adopted
this the 5th d of April, 2016.
I, Donna Baker, Clerk to the Board of Commissioners for the
County of Orange, North Carolina, DO HEREBY CERTIFY that the
foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on ZD2016 as relates in any
way to the adoption of the foregoing and that said proceedings
are recorded in Minute Book No. of the minutes of said
Board.
WITNESS my hand and the seal of said County, this -6— day
of 2016.
gja
f Clerk to the Board f Commissioners
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EXHIBIT A 20
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
S D
BILL DRAFT 2015-MD-121 (v.5] (02/16)
(THIS IS A DRAFT AND IS NOT READY FOR INTRODUCTION)
Short Title: Facilitate Orange County Jail Construction. (Public)
Sponsors: Senator Foushee(Primary Sponsor).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO ALLOW AMENDMENTS TO A LEASE OF REAL PROPERTY TO ORANGE
3 COUNTY TO FACILITATE JAIL CONSTRUCTION.
4 Whereas, Orange County plans to construct a new jail on property leased from the
5 State; and
6 Whereas, restrictions in the lease create obstacles to the County's construction of a jail;
7 Now,therefore,
8 The General Assembly of North Carolina enacts:
9 SECTION 1. Upon agreement by Orange County, the Department of Administration
10 shall amend the land lease, recorded in book 6085 at page 494, Orange County Registry, to
11 provide as follows:
12 (1) That Orange County may grant a leasehold deed of trust, with a duration of up
13 to 40 years from the original lease date, in the land and the buildings on the
14 land.
15 (2) That in the event of a default the mortgage holder may foreclose its security
16 interest, evict the County from the premises, and put the property to an alternate
17 use, including an alternate use that is unrelated to the operation of a jail.
18 (3) That both the date for commencement of construction and the date for
19 completion of construction and occupation shall be extended by 18 months
20 from the dates set forth in the original lease.
21 SECTION 2. Notwithstanding Chapter 146 of the General Statutes or any other
22 provision of law, the lease amendments described in Section 1 of this act shall not require
23 Governor or Council of State Approval.
24 SECTION 3. Once the lease amendments described in Section 1 of this Act have been
25 made, any term or provision of the lease that is contrary to the language of those amendments shall
26 be deemed of no effect and the terms of the lease as amended shall control.
27 SECTION 4. The lease amendments required by this act shall be in such form as the
28 Secretary of Administration, or the Secretary's designee, may approve.
29 SECTION 5. This act is effective when it becomes law.
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