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BC 2017 04 18 Regular Meeting
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BC 2017 04 18 Regular Meeting
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Meeting Minutes
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Minutes
Meeting Minutes - Date
4/18/2017
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Board of Commissioners
Meeting Type
Regular
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April 18, 2017 (Regular Meeting) Page 3107 <br /> County, (iv) the acquisition of any necessary rights-of-way and easements <br /> related to each of the foregoing and (v) various real and personal property <br /> improvements related to each of the foregoing (collectively, the "Projects") , <br /> and under said one or more long-term installment financing contract (s) the <br /> County would secure the repayment by the County of the moneys advanced pursuant <br /> to such one or more long-term installment financing contract (s) by granting a <br /> security interest in and lien on all or some portion of the Projects or all or <br /> some portion of the real property upon which the Projects are located; <br /> WHEREAS, as part of said proposed plan of financing, the Corporation may <br /> also execute and deliver one or more series of Limited Obligation Bonds and/or <br /> Certificates of Participation in said one or more long-term installment <br /> financing contract (s) in an aggregate principal amount not exceeding <br /> $128, 105, 000 to finance the advancement of moneys to the County pursuant to <br /> said one or more long-term installment financing contract (s) between the County <br /> and the Corporation or one or more other third parties; <br /> WHEREAS, as part of the proposed plan of financing for the Projects, the <br /> Board of Commissioners further desires to authorize interim financing for all <br /> or some portion of the Projects in an aggregate principal amount of up to <br /> $128, 105,000, which would involve the entry by the County into one or more <br /> short-term installment financing contract (s) with one or more third parties <br /> pursuant to North Carolina General Statutes §160A-20, as amended, the proceeds <br /> of which would be used to provide interim financing for all or some portion of <br /> the Projects pending execution and delivery of said one or more long-term <br /> financing contract (s) and the related Limited Obligation Bonds and/or <br /> Certificates of Participation, if any, and under said one or more short-term <br /> installment financing contract(s) the County would secure the repayment by the <br /> County of the moneys advanced pursuant to such short-term installment financing <br /> contract (s) by granting a security interest in and lien on all or some portion <br /> of the Projects or all or some portion of the real property upon which the <br /> Projects are located; and <br /> WHEREAS, North Carolina General Statutes §160A-20, as amended, requires <br /> that the Board of Commissioners must hold a public hearing concerning the one <br /> or more short-term installment financing contract (s) , the one or more long-term <br /> installment financing contract(s) and the transactions contemplated thereby and <br /> associated therewith, with notice of said public hearing to be published once <br /> at least 10 days before the date of the public hearing; <br /> NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners, as follows: <br /> Section 1. The Board of Commissioners hereby finds and confirms that (i) <br /> the Projects and the financing thereof by one or more short-term contract (s) <br /> and one or more long-term contract(s) is necessary and expedient for the County; <br /> (ii) financing of the Projects by one or more short-term contract (s) and one or <br /> more long-term contract (s) , under the circumstances, is preferable to a bond <br /> issue by the County; (iii) the sums to fall due under one or more short-term <br /> contract (s) and one or more long-term contract (s) are adequate and not excessive <br /> for their proposed purpose; (iv) the County' s debt management procedures and <br /> policies are good and its debt will continue to be managed in strict compliance <br /> with law; (v) the increase in taxes, if any, necessary to meet the sums to fall <br /> due under one or more short-term contract (s) and one or more long-term <br /> contract (s) will not be excessive; and (vi) the County is not in default <br /> regarding any of its debt service obligations. <br /> Section 2. As required by §160A-20 of the North Carolina General <br /> Statutes, as amended, a public hearing shall be held by the Board of <br /> Commissioners on May 15, 2017 at 6:30 p.m. , or as soon thereafter as practicable, <br /> in the Commissioner' s Meeting Room in the Cabarrus County Governmental Center <br /> in Concord, North Carolina, concerning the proposed execution of one or more <br /> short-term installment financing contract (s) and related documents, the <br /> execution of one or more long-term installment financing contracts) and related <br /> documents, the proposed financing of the Projects and any other transactions <br /> associated therewith. The Clerk to the Board of Commissioners is directed to <br /> cause .a notice of such public hearing, substantially in the form attached hereto <br /> as Exhibit A, to be published once in a qualified newspaper of general <br /> circulation within the County not less than 10 days prior to said public hearing. <br /> Section 3. The appropriate officers of the County are hereby authorized <br /> and directed to do any and all things necessary, appropriate or convenient to <br /> effectuate the foregoing and the proposed plan of financing, including without <br /> limitation filing one or more applications with the North Carolina Local <br /> Government Commission seeking approval of the plan of financing or any component <br /> thereof, the publication of any required notices related thereto, consideration <br />
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