HomeMy WebLinkAboutRES-2020-014 Resolution authorizing the Coveyance of County-owned personal property by private sale to EmPOWERment 4
RES - 202MM
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION AUTHORIZING THE CONVEYANCE OF COUNTY
OWNED PERSONAL PROPERTY BY PRIVATE SALE TO
EMPOWERMENT PURSUANT TO N . C . G . S . § 160A-279 TO PROVIDE
AFFORDABLE HOUSING TO PERSONS OF LOW OR MODERATE
INCOME
WHEREAS , Orange County owns manufactured homes identified by Serial Number
CWP039516TN ,O and
WHEREAS , the manufactured homes in question were purchased by Orange County
pursuant to the Affordable Housing Land Banking/Manufactured Home Initiative Development
Agreement ("Development Agreement") between Orange County and EmPOWERment, Inc .
(` EmPOWERment") ; and
WHEREAS , the Development Agreement permits Orange County to transfer ownership
of manufactured homes purchased pursuant to the Development Agreement to EmPOWERment,
a North Carolina not- for-profit corporation engaged in providing quality housing to low and
moderate persons in Orange County ; and
WHEREAS , EmPOWERment will lease the manufactured homes to low to moderate
income persons in Orange County facing displacement and relocation challenges due to
manufactured homes park closures and redevelopment efforts within Orange County ; and
WHEREAS , North Carolina General Statute § 160A-279 provides that whenever a
county is authorized to appropriate funds to any private entity which carries on a public purpose ,
the county may, in lieu on appropriating funds , convey for private sale _ to such entity any
personal property which is owns provided that it attach a covenant which will assure the property
will be put to a public use by the recipient entity ; and
WHEREAS , North Carolina General Statute § 153A - 378 provides that assisting with
providing housing to persons of low or moderate income is a public purpose ; and
WHEREAS , North Carolina General Statute § 160A- 279 requires that the procedural
provisions of North Carolina General Statute § 160A -267 shall apply, which statute requires that
the Board adopt a resolution authorizing appropriate officials to dispose of the property by
private sale at a negotiated price , and that a notice summarizing the contents of the resolution be
published once after its adoption , and that such sale be consummated no earlier than ten ( 10 )
days after the publication of said notice ; and
WHEREAS , the Orange County Board of County Commissioners has determined that it
would be in the public interest and appropriate to use this statutory authorization to convey the
manufactured homes to EmPOWERment .
NOW, THEREFORE , BE IT RESOLVED by the Orange County Board of
Commissioners that the following procedures and standards for affordable housing are hereby
adopted and shall be followed :
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1 . That the County Manager is hereby authorized, subject to legal review and approval
by the County Attorney, to execute the necessary documents to convey the above -
described manufactured home to EmPOWERment for the price of one dollar ($ 1 . 00)
with the covenant that EmPOWERment shall rent the manufactured home to low
income families earning up to 80 % of the HUD area median income , including
entering into lease -purchase agreements with eligible tenant families to facilitate
homeownership by persons of low or moderate income in Orange County , pursuant
to Orange County ' s Displacement Mitigation Assistance Program ("DMAP ") .
Tenants participating in DMAP ' s lease -purchase component shall spend no more than
thirty percent (30 %) of their total household income on the purchase of the unit .
EmPOWERment shall further covenant to return to Orange County on a monthly
basis all payments made by tenants who will be purchasing their replacement
manufactured home unit under the lease -purchase component of the Displacement
Mitigation Assistance Program (DMAP) , not including the monthly maintenance fee
or lot rental fee .
2 . That the Clerk to the Board is directed to publish a notice summarizing the contents
of the resolution once after its adoption , and that the transfer of the manufactured
homes to EmPOWERment not be consummated until at least ten ( 10) days after its
publication .
Adopted this the 10th day of March , 2020 .
Penny Rich , Chair
Orange County Board of Commissioners
ATTEST :
Donna Baker, Clerk to the Board
Approved as to form and legal sufficiency :
County Attorney ' s Office