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RES-2019-046 <br />ORANGE COUNTY BOARD OF COMMISSIONERS <br /> <br />RESOLUTION AUTHORIZING THE CONVEYANCE OF COUNTY- <br />OWNED PERSONAL PROPERTY BY PRIVATE SALE TO <br />EMPOWERMENT PURSUANT TO N.C.G.S. § 160A-279 TO PROVIDE <br />AFFORDABLE HOUSING TO PERSONS OF LOW OR MODERATE <br />INCOME <br /> <br />WHEREAS, Orange County owns manufactured homes identified by Serial Numbers <br />CWP039084TN and CWP039085TN; and <br /> <br />WHEREAS, the manufactured homes in question were purchased by Orange County <br />pursuant to the Affordable Housing Land Banking/Manufactured Home Initiative Development <br />Agreement (“Development Agreement”) between Orange County and EmPOWERment, Inc. <br />(“EmPOWERment”); and <br /> <br />WHEREAS, the Development Agreement permits Orange County to transfer ownership <br />of manufactured homes purchased pursuant to the Development Agreement to EmPOWERment, <br />a North Carolina not-for-profit corporation engaged in providing quality housing to low and <br />moderate persons in Orange County; and <br /> <br />WHEREAS, EmPOWERment will lease the manufactured homes to low to moderate <br />income persons in Orange County facing displacement and relocation challenges due to <br />manufactured homes park closures and redevelopment efforts within Orange County; and <br /> <br />WHEREAS, North Carolina General Statute § 160A-279 provides that whenever a <br />county is authorized to appropriate funds to any private entity which carries on a public purpose, <br />the county may, in lieu on appropriating funds, convey for private sale to such entity any <br />personal property which is owns provided that it attach a covenant which will assure the property <br />will be put to a public use by the recipient entity; and <br /> <br />WHEREAS, North Carolina General Statute § 153A-378 provides that assisting with <br />providing housing to persons of low or moderate income is a public purpose; and <br /> <br />WHEREAS, North Carolina General Statute § 160A-279 requires that the procedural <br />provisions of North Carolina General Statute § 160A-267 shall apply, which statute requires that <br />the Board adopt a resolution authorizing appropriate officials to dispose of the property by <br />private sale at a negotiated price, and that a notice summarizing the contents of the resolution be <br />published once after its adoption, and that such sale be consummated no earlier than ten (10) <br />days after the publication of said notice; and <br /> <br />WHEREAS, the Orange County Board of County Commissioners has determined that it <br />would be in the public interest and appropriate to use this statutory authorization to convey the <br />manufactured homes to EmPOWERment; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of <br />Commissioners that the following procedures and standards for affordable housing are hereby <br />adopted and shall be followed: <br /> <br />4