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November 3, 2008 (Work Session) Page 1036 <br />preferable to a bond issue by the County; (iii) the sums to fall due under <br />the installment financing contract are adequate and not excessive for their <br />proposed purpose; (iv) the County's debt management procedures and policies <br />are good and its debt will continue to be managed in strict compliance with <br />law; (v) the increase in taxes, if any, necessary to meet the sums to fall <br />due under the installment financing contract will not be excessive; and (vi) <br />the County is not in default regarding any of its debt service obligations. <br />Section 2. As required by Section 160A-20 of the North Carolina <br />General Statutes, as amended, a public hearing shall be held by the Board of <br />Commissioners on November 17, 2008 at 6:30 p.m., or as soon thereafter as <br />practicable, in the Commissioner's Meeting Room in the Cabarrus County <br />Governmental Center in Concord, North Carolina, concerning the proposed <br />execution of the installment financing contract and related documents, the <br />proposed financing of the Project and any other transactions associated <br />therewith. The Clerk to the Board of Commissioners is directed to cause a <br />notice of such public hearing, substantially in the form attached hereto as <br />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 <br />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 <br />without limitation filing one or more applications with the North Carolina <br />Local Government Commission seeking approval of the plan of financing or any <br />component thereof, the publication of any required notices related thereto, <br />consideration and negotiation of the proposal from the third party regarding <br />the installment financing contract included in the proposed plan of financing <br />and consideration and negotiation of the terms of the proposed plan of <br />financing or any component thereof and the relevant legal documentation. <br />Section 9. This Resolution shall become effective immediately upon its <br />adoption. <br />Thereupon, upon motion of Commissioner Juba, seconded by Commissioner <br />Privette, the foregoing resolution entitled "RESOLUTION RELATING TO <br />INSTALLMENT CONTRACT FINANCING FOR ACQUISITION OF REAL PROPERTY IN AN <br />AGGREGATE PRINCIPAL AMOUNT UP TO $6,000,000 AND CALLING REQUIRED PUBLIC <br />HEARING" was adopted and passed by the following vote: <br />AYES: Chairman White, Vice Chairman Juba and Commissioners Carruth, <br />Mynatt and Privette <br />NOES: None. <br />Ms. Dubois stated the next phase is to hold the public hearing at the <br />Board's Regular meeting on November 17. She reported the following: the tax <br />valuation of the property is $6.9 million; the financing over 30 years is <br />$5.7 million; the County will pay $190,000.00 each year with zero interest; <br />after the public hearing is held, a resolution will need to be adopted giving <br />authority to execute all contracts between the County and the Wallace's. <br />UPON MOTION of Commissioner Carruth, seconded by Commissioner Privette <br />and unanimously carried, the Board voted to place Finance - Hold Public <br />Hearing for Installment Financing Contract (G.S. 160A-20) with a Third Party <br />for Acquiring Real Property for Park and Recreational Purpose and Adopt <br />Resolution Approving Installment Financing Contract in an Aggregate Principal <br />Amount Not to Exceed $6,000,000.00 on the November 17, 2008 Agenda as a New <br />Business Item. <br />Finance - Presentation of JCPC Teen Court Program and Adoption of Related <br />Budget Amendment (JCPC Grant Funds - $13,614.00) <br />Loretta Lee, Budget and Performance Manager, presented information <br />related to a request for a presentation of the JCPC Teen Court Program and <br />adoption of the related budget amendment in the amount of $13,614.00. She <br />reported the following: the State has restored and increased funds given to <br />the JCPC in the amount of $13,619.00; the JCPC has voted to attribute these <br />funds to the Teen Court Program; and the JCPC wishes to present a report to <br />the Board at the November 17 Regular Meeting. <br />UPON MOTION of Commissioner Mynatt, seconded by Commissioner Carruth <br />and unanimously carried, the Board voted to place the presentation of the <br />JCPC Teen Court Program and adoption of the related budget amendment in the <br />amount of $13,614.00 on the November 17, 2008 Agenda as a New Business item. <br />Finance - Public School Building Capital Fund Transfer Reoueat <br />