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4 <br /> R ES-2020-014 <br /> ORANGE COUNTY BOARD OF COMMISSIONERS <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 /> WHEREAS, Orange County owns manufactured homes identified by Serial Number <br /> CWP039516TN; and <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 /> 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 /> 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 /> 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 /> 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 /> 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 /> 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 /> 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 />