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HomeMy WebLinkAboutRES-2025-053-Public Hearing and Resolution for Orange County to Participate in the North Carolina commercial property RES -2025 - 053 RESOLUTION AUTHORIZING THE COUNTY OF ORANGE , NORTH CAROLINA TO PARTICIPATE IN THE COMMERCIAL PROPERTY ASSESSED CAPITAL EXPENDITURE (C -PACE ) PROGRAM WHEREAS , as required by N . C . Gen . Stat . § 160A-239 . 14 (a) ( I ) , the Board of County Commissioners of the County of Orange, North Carolina (the " County] ") previously adopted Resolution No . RES -2025 - 050 (the "Resolution of Intent") , declaring the intent of the County to participate in the Commercial Property Assessed Capital Expenditure (C -PACE Program) established under Article lOB of Chapter 160A of the General Statutes of North Carolina, as amended (the " C -PACE Act") ; and WHEREAS , as required by N . C . Gen . Stat . § 160A-239 . 14 (b) , on October 21 , 20253the County held a public hearing on its intent to participate in the C -PACE Program ; and WHEREAS , as required by N . C . Gen. Stat. § 160A-239 . 14 (a) (2 ) , the County now desires to adopt a resolution to join the C -PACE Program ; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Orange, North Carolina as follows : Section 1 . The County hereby joins the C -PACE Program, and declares that its participation in the C -PACE Program shall be subject to and consistent with the provisions of the C -PACE Act, the terms of the C -PACE Program as established by the Economic Development Partnership of North Carolina as the Statewide Administrator of the C -PACE Program, and the Resolution of Intent . Section 2 . Nothing in this resolution shall be interpreted as authorizing the County to pledge, offer, or encumber its full faith and credit, and the County shall not pledge , offer, or encumber its full faith and credit in connection with any C -PACE Financing . Section 3 . Should any provision or provisions of this Resolution be declared invalid or unenforceable in any respect by final decree of any court of competent jurisdiction, the invalidity or unenforceability of any such provisions shall not affect the remaining provisions of such Resolution . Section 4 . All resolutions or parts thereof in conflict herewith are , to the extent of such conflict, hereby repealed . t NTD : Insert name of City, Town or Village, and define as " City" , "Town' or "Village" z NTD : Insert name of governing body (e . g . , "Town Council ' or "Board of Commissioners") . 3 NTD : Insert date of public hearing . Section 5 . This Resolution shall take effect upon the concurrence of the governing body of the County of Orange upon its adoption . 5 ADOPTED AND APPROVED thisZday of , 20_ 0X . Clerk to the Board of County Commissioners for the County of Orange , North Carolina, DO HEREBY CERTIFY that the foregoing is a true and complete copy of a resolution adopted by the Board of County Commissioners of the County at a regular meeting duly called and held on October 21 , 2025 . 0ck�x-� 21 WITNESS my hand and the official seal of the County this day of , 20,; Clerk °u'`fl� Board of Co4 Commissioners County of Orange �z NTD : N . C . Gen . Stat . § 160A-239 . 15 (b) makes resolutions adopted by municipalities effective only with the "concurrence of the governing body of the county in which the city is located . " For municipalities located in multiple counties , this language must be revised further to state : " upon the concurrence of all of the governing bodies of the counties in which the city is located . " s NTD : A resolution adopted by the governing board of a county should be made effective upon adoption .