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152 <br /> <br />Acceptance of Bank Financing Proposal - Muddy Creek Wastewater Treatment Plant <br /> <br /> UPON MOTION of Commissioner Fennel, seconded by Commissioner Payne and <br />unanimously carried, the Board accepted the low bid from First Citizens Bank with <br />an interest rate of 4.58 percent for 7 years for the financing of $1,900,000.00 <br />for the construction of the Muddy Creek Wastewater Treatment Plant. <br /> <br />Resolution Authorizing the Filing of an Application for Approval of Financing <br />Agreement - Muddy Creek Wastewater Treatment Plant <br /> <br /> UPON MOTION of Commissioner Casper, seconded by Commissioner Carpenter and <br />unanimously carried, the Board adopted the following Resolution. <br /> <br />RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION <br />FOR APPROVAL OF A FINANCING AGREEMENT AUTHORIZED BY <br />NORTH CAROLINA GENERAL STATUTE 160A-20 <br /> <br /> WHEREAS, the Board of Commissioners of Cabarrus County desires <br />to construct a Wastewater Treatment Plant, known as the Muddy Creek <br />Wastewater Treatment Plant, in order to provide sewer service to the <br />citizens of the Midland community where soil conditions are <br />unfavorable; and <br /> WHEREAS, the Board of Commissioners of Cabarrus County desires <br />to finance the Project by the use of an installment contract <br />authorized under North CarOlina General Statute 160A, Article 3, <br />Section 20; and <br /> WHEREAS, prior to approval of the proposed contract, the Board <br />of Commissioners of Cabarrus County must make and enter findings of <br />fact regarding the installment contract and present the same to the' <br />North Carolina Local Government Commission as a prerequisite <br />enabling the North Carolina Local Government Commission to make its <br />findings of fact, as set forth in North Carolina General Statute <br />159, Article B, Section 151; <br /> NOW, THEREFORE, IT IS RESOLVED that the Board of Commissioners <br />of Cabarrus County, North Carolina, meeting in regular session on <br />the 20th day of June, 1994, does hereby make and enter the following <br />findings of fact: <br /> <br />o <br /> <br />The proposed contract is necessary or expedient because <br />land in the vicinty (sic) of the Midland community will <br />not perk due to unfavorable soil conditions and <br />development of Mecklenburg County along Hwy24/27, which <br />abuts the Midland community, will exacerbate an already <br />critical condition. <br />The proposed contract is preferable to a bond issue for <br />the same purpose because of the favorable interest rates <br />offered through installment contract financing and the <br />very low fixed cost as compared to a bond issue. <br />The cost of financing under the proposed contract is <br />believed to be less than the cost of issuing general <br />obligation bonds. <br />The sums to fall due under the contract are adequate and <br />not excessive for the proposed purpose because tax <br />revenues will be sufficient to make the debt service <br />payments. <br />The County of Cabarrus' debt management procedures and <br />policies are adequate because the County is well below <br />its legal debt margin, and there have been no defaults <br />on debt service payments. <br />The increase in taxes necessary to meet the sums to fall <br />due under the proposed contract will be 1 cent per $100 <br />valuation and is not deemed to be excessive. <br />The County of Cabarrus is not in default in any of its <br />debt service obligations. <br />The attorney for the County of Cabarrus has rendered an <br />opinion that the proposed Project is authorized by law <br />and is a purpose for which public funds may be expended <br />pursuant to the Constitution and laws of North Carolina. <br /> <br /> <br />