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April 15, 2002 Page 329 <br /> <br />program. The Notice of the Public Hearing was published in THE INDEPENDENT <br />TRIBUNE on April 5 and April 7, 2002. <br /> <br /> There was no one present to address the Board, and Chairman Freeman <br />closed the public hearing. <br /> <br />No action was required by the Board. <br /> <br />Resolution 'Relatin~ to Installment Contract Financing for Public Improvement <br />Projects ($30 Million) <br /> <br /> Mr. Blair Bennett, Deputy County Manager for Administration, gave a <br />brief overview of the proposed installment contract financing in an amount up <br />to $30 million for the following projects: (1) Five auxiliary gymnasiums <br />$2.5 million; (2) School Administrative Building - $4 million~ and (3) Expo <br />project - $20 million. He explained ~arious methods of financing, including <br />General Obligation Bonds, lease/financing for amounts under $10 million and <br />Certificates of Participation for amounts over $10 million. <br /> <br /> UPON MOTION of Commissioner Fennel, seconded by Commissioner Privette <br />and unanimously carried, the Board adopted the following Resolution. <br /> <br />Resolution No. 2002-14 <br /> <br />RESOLUTION RELATING TO INSTALLMENT CONTRACT FIND~NCING FOR PUBLIC <br />IMPROVEMENT PROJECTS IN AN AGGREGATE PRINCIPAL AMOUNT UP TO <br />$30,000,000 AND THE EXECUTION AND DELIVERY BY THE CABARRUS COUNTY <br />DEVELOPMENT CORPORATION OF CERTIFICATES OF PARTICIPATION RELATED <br />THERETO <br /> <br /> WHEREAS, the Board of Commissioners desires to undertake a proposed <br />plan of financing in an aggregate principal amount of up to $30,000,000, <br />which plan would involve the entry by the County into an installment <br />financing contract 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 pay all or a portion of the <br />costs of acquiring real property, constructing and equipping new public <br />facilities, including a school administrative building, several additional <br />gym facilities and an expo center and improvements related to the..foregoing <br />(collectively the ~Project"), and under said installment financing contract <br />the County would secure the repayment by the County of the moneys advanced <br />pursuant to such contract by granting a security interest in and lien on all <br />or a portion of the Project; <br /> <br /> WHEREAS, as part of said proposed plan of financing, the Corporation <br />will execute and deliver one or more series of Certificates of Participation <br />in the installment financing contract in an aggregate principal amount not <br />exceeding $30,000,000 to finance the advancement of moneys to the County <br />pursuant to the installment financing contract between the County and the <br />Corporation; <br /> <br /> NOW~ THEREFORE, BE IT RESOLVED by the Board of Commissioners, as <br />follows: <br /> <br /> Section 1. The Board of Commissioners hereby finds and confirms that <br />(i) the Project and the financing thereof by the Contract is necessary and <br />expedient for the County; (ii) financing of the Project by the Contract, <br />under the circumstances, is preferable to a bond issue by the County; (iii) <br />the sums to fall due under the Contract are adequate and not excessive for <br />its proposed purpose; (iv) the County's debt management procedures and <br />policies are good and its debt will continue to be managed in strict <br />compliance with law; (v) the increase in taxes, if any, necessary to meet the <br />sums to fall due under the Contract will not be excessive; and (vi) the <br />County is not in default regarding any of its debt service obligations. <br /> <br /> Section 2. 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 proposed plan of financing, including without limitation <br />filing an application with the North Carolina Local Government Commission <br />seeking approval of the plan of financing, the publication of any required <br />notices related thereto, consideration and negotiation of proposals from one <br />or more underwriters regarding the proposed plan of financing and the <br />consideration and negotiation of the terms of the proposed plan of financing <br />the relevant legal documentation. <br /> <br /> <br />