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May 18, 2009 (Regular Meeting) <br />Page 1377 <br />those affected negatively by the recession; c) provide <br />investments needed to increase economic efficiency by spurring <br />technological advances; d) invest in transportation <br />infrastructure that will provide long-term economic benefits; and <br />e) stabilize State and local government budgets, in order to <br />minimize reductions in essential services and counterproductive <br />State and local tax increases; and <br />WHEREAS, the ARRA provides $680 million of the $6.9 billion <br />available under the Transit Capital Assistance Program, to <br />nonurbanized areas based on 99 U.S.C. section 5311; and <br />WHEREAS, the nonurbanized area funds are apportioned based upon <br />the nonurbanized population of each state relative to the <br />national urbanized area and land area in nonurbanized areas, of <br />which the State of North Carolina has been apportioned $33 <br />million, and, after required set-asides for intercity projects <br />and state administration costs, North Carolina has announced the <br />availability of approximately $29.7 million to fund eligible <br />transit capital projects, as defined in 99 U.S.C. 5302(a)(1), in <br />nonurbanized areas; and <br />WHEREAS, Article 2B of Chapter 136 of the North Carolina General <br />Statutes and the Governor of North Carolina have designated the <br />North Carolina Department of Transportation (NCDOT) as the agency <br />responsible for administering federal and state public <br />transportation funds; and <br />WHEREAS, the purpose of these ARRA transportation funds is to <br />provide grant monies to local agencies for rural public <br />transportation capital improvement projects consistent with the <br />intent of the legislation and to support efforts to stimulate the <br />economy; and <br />WHEREAS, Cabarrus County hereby assures and certifies that it <br />will comply with the federal and state Statutes, regulations, <br />executive orders, Section 5333 (b) Warranty, and all special <br />Federal and State reporting requirements (at least quarterly) <br />which relate to the applications made to and grants received from <br />the Federal Transit Administration, as well as the provisions of <br />Section 1001 of Title 18, U. S. C. <br />NOW, THEREFORE, be it resolved that the Chairman (H. Jay White, <br />Sr.) of the Cabarrus County Board of Commissioners is hereby <br />authorized to submit a grant application for federal funding, <br />make the necessary assurances and certifications and be empowered <br />to enter into an agreement with the NCDOT to provide rural public <br />transportation capital. <br />The Chairman announced that this was the date, place and hour fixed by <br />the Board of Commissioners for a public hearing concerning a proposed plan of <br />financing in an aggregate principal amount of up to $100,000,000, which plan <br />would involve the entry by the County into (i) one or more long-term <br />installment financing contract(s) with the Cabarrus County Development <br />Corporation (the "Corporation") or one or more other third parties pursuant <br />to North Carolina General Statutes 160A-20, as amended, the proceeds of which <br />would be used to pay all or a portion of the costs of (a) acquiring real <br />property, (b) constructing and equipping new public school facilities and <br />expanding and renovating existing public school facilities, including but not <br />limited to two new elementary schools, a new middle school, an addition to an <br />existing elementary school and an addition to and renovation of an existing <br />high school, (c) various real and personal property improvements related to <br />the foregoing and (d) a portion of the interest to accrue under the <br />installment financing contract(s) during the construction periods of the <br />foregoing and thereafter through and including January 1, 2012 (collectively, <br />the "Projects"), and under said one or more long-term installment financing <br />contract(s) the County would secure the repayment by the County of the moneys <br />advanced pursuant to such one or more long-term installment financing <br />