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BC 2007 11 19 Regular
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BC 2007 11 19 Regular
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
11/19/2007
Board
Board of Commissioners
Meeting Type
Regular
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November 19, 2007 (Regular Meeting) Page 632 <br />(collectively the "Projects"), and under said one or more installment <br />financing contracts the County would secure the repayment by the County of <br />the moneys advanced pursuant to such one or more installment financing <br />contracts by granting a security interest in and lien on all or a portion of <br />the Projects, which Projects were described in the notice of public hearing <br />published in The Independent Tribune on November 6, 2007 (the "Notice"). <br />The Board of Commissioners first ratified and approved the designation of the <br />meeting as a public hearing on the proposed plan of financing, the call of <br />the public hearing and publication of the Notice. <br />It was then announced that the Board of Commissioners would immediately <br />hear anyone who might wish to be heard on such matter. <br />No one appeared, either in person or by attorney, to be heard on such <br />matter or the advisability of the plan of financing and the Clerk to the <br />Board of Commissioners announced that no written statement relating to said <br />matters had been received by the Clerk or the Finance Director. <br />It was then announced that the public hearing was closed. <br />(G-3) Resolution Relating to Refinancing of Prior Installment Financing <br />Contracts of Various Public Projects and Calling Required Public Hearing <br />Pam Dubois, Deputy County Manager, stated due to market conditions the <br />potential exists to reduce the County's debt service by refinancing prior <br />installment financing contracts for various public projects. She reported <br />the resolution is for an aggregate principal amount of up to $82.5 million <br />and that a public hearing is required in December. <br />UPON MOTION of Commissioner Mynatt, seconded by Commissioner White and <br />unanimously carried, the Board adopted the following resolution and scheduled <br />a public hearing for December 17, 2007 at 6:30 p.m. <br />Resolution No. 7007-30 <br />RESOLUTION RELATING TO REFINANCING OF PRIOR INSTALLMENT FINANCING <br />CONTRACT FINANCINGS OF VARIOUS PUBLIC PROJECTS IN AN AGGREGATE <br />PRINCIPAL AMOUNT UP TO $82,500,000; THE EXECUTION AND DELIVERY BY <br />THE CABARRUS COUNTY DEVELOPMENT CORPORATION OF ONE OR MORE SERIES <br />OF CERTIFICATES OF PARTICIPATION RELATED THERETO AND CALLING <br />REQUIRED PUBLIC HEARING <br />WHEREAS, the Board of Commissioners desires to undertake a proposed <br />plan of refinancing in an aggregate principal amount of up to $82,500,000, <br />which plan would involve the entry by the County into one or more installment <br />financing contracts with the Cabarrus County Development Corporation (the <br />"Corporation") pursuant to North Carolina General Statutes 160A-20, as <br />amended, the proceeds of which would be used to refinance all or a portion of <br />one or more installment financing contracts previously executed and delivered <br />by the County, which prior installment financing contracts paid all or a <br />portion of the costs of acquiring, constructing and equipping various public <br />facilities and related improvements and costs (collectively the "Projects"), <br />and under said one or more installment financing contracts the County would <br />secure the repayment by the County of the moneys advanced pursuant to such <br />one or more installment financing contracts by granting a security interest <br />in and lien on all or some portion of the Projects and in all or some portion <br />of the real propertyon which the Projects are located; <br />WHEREAS, as part of said proposed plan of refinancing, the Corporation <br />will execute and deliver one or more series of Certificates of Participation <br />in said one or more installment financing contracts in an aggregate principal <br />amount not exceeding $82,500,000 to finance the advancement of moneys to the <br />County pursuant to said one or more installment financing contracts between <br />the County and the Corporation; 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 installmentfinancing contracts and the transactions contemplated <br />thereby and associated therewith, with notice of said public hearing to be <br />published once at least 10 days before the date of the public hearing; <br />NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners, as <br />follows: <br />Section 1. The Board of Commissioners hereby finds and confirms that <br />(i) the refinancing of the Projects by one or more installment financing <br />contracts is necessary and expedient for the County; (ii) refinancing of the <br />
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