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Agenda 10-21-2025; 5-a - Public Hearing and Resolution for Orange County to Participate in the North Carolina Commercial Property Assessed Capital Expenditure (C-PACE) Program
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Agenda 10-21-2025; 5-a - Public Hearing and Resolution for Orange County to Participate in the North Carolina Commercial Property Assessed Capital Expenditure (C-PACE) Program
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BOCC
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10/21/2025
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Agenda
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5-a
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Agenda for October 21, 2025 BOCC Meeting
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\Board of County Commissioners\BOCC Agendas\2020's\2025\Agenda - 10-21-2025 Business Meeting
ORD-2025-035-Approval of Amendments to the Orange County Code of Ordinances Section 28 – Personnel Regarding Law Enforcement Special Separation Allowance
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\Board of County Commissioners\Ordinances\Ordinance 2020-2029\2025
RES-2025-053-Public Hearing and Resolution for Orange County to Participate in the North Carolina commercial property
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\Board of County Commissioners\Resolutions\2020-2029\2025
RES-2025-054-Approval of Amendments to the Orange County Code of Ordinances Section 28
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\Board of County Commissioners\Resolutions\2020-2029\2025
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12 <br /> La) The financing for assessments imposed under this Article may include, but is not <br /> limited to: <br /> The cost of materials and labor necessgy for the installation or modification <br /> of a qualified improvement. <br /> Permit fees. <br /> Inspection fees. <br /> Financingfees. <br /> �5,) Application and administrative fees. <br /> f6)) Project development and engineering fees. <br /> Interest reserves. <br /> Capitalized interest, in an amount determined by the owner of the commercial <br /> property and the capital provider. <br /> JD Any other fees or costs incurred by the property owner incident to the <br /> installation, modification, or improvement on a specific or pro rata basis, as <br /> determined by the local government. <br /> The term of the C-PACE financing may not exceed the weighted average useful life <br /> of qualifying improvements. <br /> The total amount for financing of the qualifying improvement secured by the propertX <br /> shall not exceed thirty-five percent 35%) of the value of the property. The calculation of value <br /> used to determine the maximum amount of financing available for a particular property shall <br /> reflect the reasonable expected stabilized value of the property with the proposed qualifying <br /> improvements installed. <br /> The financing agreement between the capital provider and the property owner shall <br /> be negotiated by the parties, including all terms and conditions of repayment, including interest, <br /> penalties, and prepayment. <br /> "& 160A-239.19. Lender consent. <br /> Prior to entering into an assessment agreement, the property owner must submit to the <br /> statewide administrator a written statement, executed by each holder of a mortgage, deed of trust, <br /> or other lien on the property securing indebtedness, indicating their consent to the C-PACE <br /> assessment and that the C-PACE assessment does not constitute an event of default under the <br /> terms of the mortgage, deed of trust, or other indebtedness secured by lien. <br /> 160A-239.20. Prohibition on use of public funds. <br /> It is the intent of this Article that neither the State nor any local government shall use public <br /> funds to fund or repay any C-PACE assessment. Nothing in this Article shall be interpreted as <br /> authorizing a local government to pledge, offer, or encumber its full faith and credit, and no local <br /> government shall pledge, offer, or encumber its full faith and credit under this Article. <br /> 160A-239.21. Purchases and contracts. <br /> The proposed arrangements for C-PACE financing may authorize the property owner to do <br /> any of the following: <br /> L Directly purchase the related equipment and materials for the installation or <br /> modification of a qualifying improvement. <br /> Contract directly, including through lease, power purchase agreement, or <br /> other service contract, for the related equipment and materials used in the <br /> installation or modification of a qualifying improvement." <br /> SECTION 2. G.S. 105-375(i)reads as rewritten: <br /> "(i) Issuance of Execution. —At any time after three months and before two years from <br /> the indexing of the judgment as provided in subsection (b) of this section, execution shall be <br /> issued at the request of the tax collector in the same manner as executions are issued upon other <br /> judgments of the superior court, and the real property shall be sold by the sheriff in the same <br /> manner as other real property is sold under execution with the following exceptions: <br /> (1) No debtor's exemption shall be allowed. <br /> Page 6 Session Law 2024-44 Senate Bill 802 <br />
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