Loading...
HomeMy WebLinkAboutC.054.93009_1221 (2)392 geared more towards a work/restitution program. MOTION by Chairman Haire to authorize the staff to submit an application to the Criminal Justice office. VOTING: Ayes - 5; Nays - 0. REQUEST FOR APPROVAL OF RESOLUTION AUTHORISING THE EXECUTION OF DOCUMENTS NECESSARY FOR REFINANCING OF LOAN WITH FIRST UNION NATIONAL BANK: Bill Pope, County Attorney, mentioned that municipalities and counties were not allowed to enter into debt without a vote of the people except in a few circumstances. One instance is installment purchasing financing. The acquisition and upfitting of the Kewaunee Building for usage by the health and mental offices was financed under this limited exception. There is an opportunity now to refinance. The contract imposes upon the County certain obligations: (1) Give to First Union National Bank a Deed of Trust (2) Keep building in good state of repair (3) Keep building insured (4) Make Payments and (5) Allow bank to inspect premises if needed. The bank has the right to foreclose if any of the obligations are not met. MOTION by Commissioner Stewart to approve the following resolution: RESOLUTION AUTHORIZING THE EXECUTION OF AN INSTALLMENT FINANCING CONTRACT WITH FIRST UNION NATIONAL BANK OF NORTH CAROLINA AND AUTHORIZING TEE EXECUTION OF RELATED DOCUMENTS Whereas, the County of Iredell, North Carolina (the "County") desires to enter into an Installment Financing Contract, dated as of April 10, 1996, (the "Contract"), between the County and First Union National Bank of North Carolina (the "Bank"), execute a Deed of Trust and Security Agreement, dated as of April 10, 1996 (the "deed of Trust") to Lynn M. Beckham, as deed of trust trustee, for the benefit of the Bank, and execute a Commitment Letter, dated April 10, 1996 (the "Commitment Letter"), with the Bank; and Whereas, the Contract provides for (a) the Bank to advance certain funds (the "Amount Advanced") to enable the County to refinance its obligations under an Installment Purchase Contract, dated as of December 20, 1991 (the "Prior Contract") among the County, the Bank and First Union National Bank of North Carolina, Corporate Trust Department, as Escrow Agent, in order to achieve debt service savings, and (b) the County to repay the Amount Advanced in installments (the "Installment Payments"), as provided in the Contract; and WHEREAS, the County has determined that the use of the Facilities (as defined in the Contract) is essential to its proper, efficient and economic operation; that it anticipates an ongoing need for the Real Property as defined in the Contract) and the Facilities; that the Real Property and the Facilities will provide an essential use and permit the County to carry out public functions that it is authorized by law to perform; and that entering into the Contract and executing the Deed of Trust is necessary and expedient for the County; and WHEREAS, the County has further determined that the Installment Payments and all other obligations of the County under the Contract and the Deed of Trust are not excessive for their stated purposes; and WHEREAS, the County has determined that the Contract, the Deed of Trust and the obligations of the County thereunder are preferable to, and more cost efficient than, a general obligation or revenue bond issue for the same purpose and that the cost of refinancing its obligations under the Prior Contract exceeds the amount that can be prudently raised from currently available appropriations, unappropriated fund balances and nonvoted bonds that could be issued by the County in the current fiscal year pursuant to Article V, Section 4 of the Constitution of the State of North Carolina; and WHEREAS, the debt management policies of the County have been carried out in strict compliance with law; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners for the County of Iredell: Section 1. The Contract, the Deed of Trust and the Commitment Letter axe hereby approved, subject to the approval of the Contract by the Local Government Commission of 'North Carolina as provided by law. Section 2. The officers of the County, jointly and severally, be and axe hereby, authorized, empowered and directed to execute on its behalf the Commitment Letter, the Contract, the Deed of Trust and any addenda, exhibits,