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January is a Good Month to Look for Refinancing Opportunities
Interest rates tend to be lower at the beginning of the calendar year, and business is customarily slow for lenders at the start of the year as well. Those two trends make January a great time to review your outstanding debt and ask your friendly neighborhood bankers...
2015 LGC Calendar
We now have the official calendar for meetings of the Local Government Commission for 2015. We thought a table might be handy.
Along with the meeting dates, this table shows the dates 28 days prior to the meeting, because generally the Commission staff wants a fairly complete application package in hand by then. We’ve also noted the dates 45 days prior to the meeting dates, because that’s the deadline for sending in your advance notice to the General Assembly’s Joint Committee on Local Government (see this post for more information on that requirement).
Waterstone + 1 Year
We are taking a different approach today at the blog and checking in with the Town of Hillsborough, still the only local government to date who has used Special Assessment Revenue Bonds as part of the new authority authorized in 2008 (and set to expire in 2015). Often, when someone is a “first adopter,” they end up having to create new processes to implement a program, rather than working from a path someone else has laid. This blog post will highlight the Town of Hillsborough’s work with the Waterstone Development District to see how things are going a year after the bonds were issued. We also engaged in some amateur photograph and videography of the development that we hope you enjoy as well.
Best Practices for Waivers of Attorney Conflicts by Local Governments
Lawyers often ask their local government clients to waive conflicts of interest. Here are some suggested rules for how a local government should handle conflict waiver requests from its outside lawyers:
The Attorney’s Preliminary Opinion to the LGC on an Installment Financing—A Better Form
When a North Carolina local government unit applies to the Local Government Commission (the “LGC”) for its approval of an installment financing, the unit has to supply an opinion of the unit’s attorney as part of the application package. The LGC's Form The LGC’s...
New Law Restricts Bond Elections to Regular Election Dates
Recent changes to North Carolina election laws restrict a local government’s ability to hold referenda on general obligation (“G.O.”) bonds. The main takeaway is this: G.O. bond elections now can be held only on dates when all the voting precincts in the jurisdiction are otherwise required to be open. This essentially restricts counties to holding bond elections only in even-numbered years on the primary or general election dates, while municipalities can choose those dates or their own primary and general election dates in odd-numbered years. There are, of course, some limited exceptions.
S&P Wants to Know About Your Bank Loans (and So Does Everyone Else)
Standard & Poor’s Ratings Services recently sent a letter to the local governments for which it maintains ratings – apparently that’s about 20,000 issuers across the United States. In the letter, S&P tells issuers they need to send to S&P documents from any “private debt” that the issuers enter into, and that these documents need to go to S&P promptly following the closing of the private debt. Otherwise, S&P may suspend or withdraw the issuer’s rating. By “private debt,” S&P means any bank placements or other borrowings that do not go through the ratings process.
An Update on the LGC Maturity Guidelines Project – Still No Freedom to Refund
Back in February, I posted this article on why I think the LGC’s proposed debt maturity guidelines are unfair as applied to refundings of long-term USDA debt. In March, the LGC staff said it would assemble a small stakeholders group to work through the proposed guidelines. Last week, I was told that the staff hoped to convene the stakeholders group some time after July 1.
The Laws and Rules We Ought to Change (or At Least Think About Changing)
Every lawyer probably has his or her own list. Let me mention three that affect the North Carolina local government and public finance practice.
Just Because It’s a Public Record, That Doesn’t Mean It’s Not Confidential
“I guess I can give you that information — it’s a matter of public record.”
Most of us lawyers who work with local governments have heard this – many of us probably have said it. But just because a piece of information is a public record, that doesn’t mean a lawyer doesn’t still have an obligation to keep that information confidential. The concepts of “public record” and “confidential information” arise under separate rules that really don’t have much to do with one another.






