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HomeMy WebLinkAboutC.054.93010_1229 (2)No one appeared, either in person or by attorney, to be heard with respect to the Installment Financing Agreement and the Clerk to the Board of Commissioners announced that no written statement relating to said matter had been received. Thereupon the Chairman introduced the following resolution, a copy of which had been provided to each Commissioner, which was read by title and summarized by the Director of Finance and Administration: RESOLUTION MAKING CERTAIN FINDINGS RELATING TO THE FINANCING OF CERTAIN SCHOOL FACILITIES AND FACILITIES FOR MITCHELL COMMUNITY COLLEGE AND THE REFINANCING OF THE COUNTY OF ( PAYMENT FIINANCING AGREEMENT PU SUANTIGTOO UNDERNS ANINSTALLMENT FINANCING AGREEMENT, AND AUTHORIZING THE DIRECTOR OF AND ADMINSTTO FILE APPLICATION FINANCE APPROVAL THEREOF BYITHE [ OCOAL GOVERNMENT COMMIISSIONOR BE IT RESOLVED by the Board of Commissioners for the County of Iredell, North Carolina: Section 1. The Board of Commissioners does hereby find, determine and declare as follows: (a) The County proposes to finance (i) the construction of an addition to Scotts Elementary School and related renovation of the existing facilities, (ii) the construction of an addition to Harmony Elementary School and related renovation of the existing facilities, (iii) the construction of the new Southern Zone Elementary School, (iv) the construction of the new Mooresville Intermediate School and (v) the construction of an addition to Mitchell Community College to facilitate a work force development facility (collectively, the "Project") and refinance its payment obligations under an existing installment financing contract, dated October 10, 2002, between the County and Bank of America, N.A. (the "Prior Financing Agreement"), pursuant to an installment financing agreement, to be dated as of December 1, 2003 (the "Installment Financing Agreement"), and the County will make Installment Payments (as defined in the Installment Financing Agreement) in amounts sufficient to pay the principal and interest with respect to the Certificates of Participation (Iredell County Public Facilities Projects), Series 2003 (the "2003 Certificates') to be executed and delivered by the Corporation to finance the Project and refinance such outstanding payment obligations, it being the express intention of the Board of Commissioners that only the principal amount of 2003 Certificates necessary to accomplish the purposes stated in the Installment Financing Agreement will be executed and delivered (estimated not to exceed $47,000,000). (b) The Project is necessary in order to provide public school facilities and facilities for Mitchell Community College essential to the administration of the government of the County and the public health, safety and welfare of its citizens. (c) Based on advice from the County's investment banker 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) Counsel to the County 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 and refinance its payment obligations under the Prior Financing Agreement, the County does not have the ability to issue sufficient non -voted bonds under the provisions of Article V, Sec. 4 of the North Carolina Constitution for the purposes of completing the Project and refinancing such outstanding payment obligations, and voting general obligation bonds for these delay and additional cost to the County. purposes will result in unacceptable (f) The estimated cost of financing the Project and refinancing the County's outstanding payment obligations pursuant to the Installment Financing Agreement