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HomeMy WebLinkAboutC.054.93010_0518 (2)and (b) refinance the outstanding Certificates of Participation (1992 Iredell-Statesville School Project) heretofore executed and delivered by Iredell County Public Facilities Corporation (the "1992 Certificates"), pursuant to an installment financing agreement (the "Installment Financing Agreement") with Branch Banking and frust Company or an affiliate thereof; the County's obligations under the Installment Financing Agreement will be secured by, among other things, a deed of trust on the Mortgaged Property (as defined in the deed of trust to be executed by the County as security for its obligations under the Installment Financing Agreement). (b) The Project is necessary in order to provide modern and expanded facilities essential to the administration of the government of the County and the public health, safety and welfare of its citizens, and the County can achieve substantial debt service savings by refunding the 1992 Certificates. (c) Based on advice from knowledgeable parties as to current tax-exempt interest rates, the sums to fall due under the Installment Financing Agreement are not excessive for its stated purposes; moreover, the estimated cost of the Project is not excessive. (d) The County Attorney has rendered an opinion that the proposed undertakings are authorized by law and are purposes for which public funds may be expended pursuant to the Constitution and laws of the State of North Carolina. (e) The Installment Financing Agreement, under the circumstances presently obtaining, is preferable to a general obligation bond issue for this purpose. The County's current fund balance is, in light of other requirements and prudent fiscal management, insufficient to fund the entire cost of the Project, the County does not have the ability to issue sufficient non -voted bonds for the purposes of the Project under the provisions of Article V, Sec. 4 of the North Carolina Constitution, and voting general obligation bonds for this purpose will result in unacceptable delay and additional cost to the County. In addition, the facilities being financed are not eligible tx revenue bond financing under The State and Local Government Revenue Bond Act. (f) The estimated cost of financing the Project pursuant to the Installment Financing Agreement compares reasonably with an estimate of similar cost for general obligation bond financing therefor. The primary difference in cost results from higher issuance costs, but this amount is insignificant when compared to the total cost of financing the Project and effecting the refunding of the 1992 Certificates. (g) The debt management policies of the County have been carried out in strict compliance with law, including the filing of all required audits and reports with the Local Government Commission, and the County is within its statutory debt limit and is not in default with respect to any of its outstanding indebtedness. (h) The County estimates that no increase in the property tax rate would be required to raise sums to pay the estimated debt service to fall due under the Installment Financing Agreement for all of its stated purposes. (i) The County has made timely payment of all sums owed by it with respect to the payment of principal of and interest on all of its outstanding debt obligations and has received no notice from the Local Government Commission or any holder concerning the County's failure to make any required payment of debt service. Section 2. The Local Government Commission is hereby requested to approve the proposed Installment Financing Agreement pursuant to the provisions of Article 8 of Chapter 159 of the General Statutes of North Carolina, and the Director of Finance and Administrative Services is directed to complete all applications and execute all other documents required in connection with obtaining such approval. Section 3. This resolution shall take effect immediately upon its passage. M-0-T-10"13.by Commissioner Johnson, seconded by Commissioner Bowles, to approve the resolution. VOTING: Ayes - 5; Nays - 0. OTION by Commissioner Johnson to approve a resolution approving the financing ternis with Branch Banking and Trust Company in an amount of $10,000,000 with an annual fixed interest rate of 4.41% and a term of 10 years. VOTING: Ayes - 5; Nays - 0. The resolution is as follows. RESOLUTION APPROVING FINANCING TERMS WHEREAS: The Iredell County ("County") has previously determined to undertake a project for 2001 Public Facilities Project, and the Finance Officer has now presented a proposal for the financing of such Project. BE IT THEREFORE RESOLVED, as follows: 1. The county hereby determines to finance the Project through Branch Banking and Trust Company ("BB&T"), in accordance with the proposal dated August 21, 2001. The amount financed shall not exceed $10,000,000.00, the annual interest rate (in the absence of default or change in tax status) shall not exceed 4.41% and the financing term shall not exceed ten (10) years from closing. 2. All financing contracts and all related documents for the closing of the financing (the "Financing Documents") shall be consistent with the foregoing terms. All officers and employees of the County