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SB 473, elected officials on nonprofit boards – an explainer on what’s covered and how to comply
As of January 1, 2022, elected officials may not participate in making or administering contracts to nonprofit organizations with which they are associated. This prohibition is part of SB 473 which aims to prohibit conflicts of interest among local elected officials,...
Simplifying Water and Sewer District Administration
County Water and Sewer Districts were created to allow counties to provide water and sewer service to discrete populations. With encouragement from USDA lending programs, many counties created several of these districts, especially counties in rural areas. Over time,...
When is your affiliated nonprofit or outside advisory group subject to open meetings and public records laws?
"Your Town Council wants to establish a group to make recommendations to the Council about allocating funds coming to the Town under the American Rescue Plan. The Council is thinking about establishing a committee of Town staff and local stakeholders, but is also...
New Study Shows Green Bonds Leading to Lower Interest Rates for Issuers
“Green Bonds” are bonds issued to fund an environmentally friendly or beneficial project. Bond issuers attach the “green” label on bonds in hopes of receiving a lower interest rate than they would otherwise. This once-theoretical benefit to issuers of Green...
Updates on Senate Bill 265 – “Bond Referendum Transparency”
Back in March 2021, members of the North Carolina State Senate sponsored a bill known as “SB 265” and entitled, “Bond Referendum Transparency.” As the title suggests, the bill is part of a recent trend to disseminate information to a voter on a bond referendum beyond...
Happy New Year! Annual reminders for debt planning and management
Happy New Year! As 2022 begins, we offer this list of items to keep in mind as you plan for new capital projects and manage your existing projects. Here are a few things to think about at least once a year: Compliance with financing covenants. If you have any...
What is a “capital cost” for the use of financing proceeds?
It’s often said that borrowed money can only be used to pay “capital costs” of a project. This limitation appears in both the State statutes (see for example, 159-48(b) for general obligation bonds) and as a general concept in the federal tax laws that apply to local...
The 2022 LGC Calendar
We now have the official 2022 calendar for meetings of the Local Government Commission. We thought a table might be handy. In addition to the meeting dates, this table shows the application due dates, as established by the LGC staff. We’ve also noted the dates 45 days...
On this side of the law. On that side of the law. Where do your grant programs stand?
***** Click here to sing along with Johnny Cash’s This Side of the Law****** Grant programs are one of the many tools we use to keep our downtowns healthy and vibrant. There are, however, specific legal requirements by which a municipality may make...
Changing the Use of Financed Property
Recently, the public finance sector of our Firm has examined how bond proceeds affect land use by municipalities. In particular, we have looked at how land once acquired with bond proceeds may be put to a different use or purpose. 160A-11 of the General Statutes gives...