ORDINANCE NO. 06-21-07

 

            AMENDING ORDINANCE NO. 01-09-07 WHICH AUTHORIZED THE ISSUANCE AND SALE OF A GENERAL OBLIGATION BOND, SERIES 2007, IN AN AMOUNT NOT TO EXCEED $1,700,000, SO AS TO SUBSTITUTE CAPITAL IMPR0VEMENTS TO THE NEWBERRY OPERA HOUSE, THE HELENA COMMUNITY CENTER, AND THE RESCUE SQUAD FOURTEEN BUILDING, FOR THE REPAIRS AND MODIFICATIONS TO THE SHERIFF’S OFFICE BUILDING LOCATED ON HIGHWAY 219 AS PART OF THE APPROVED PROJECTS.

 

            BE IT ORDAINED BY THE COUNTY COUNCIL OF NEWBERRY COUNTY, SOUTH CAROLINA, AS FOLLOWS:

 

            SECTION 1.  Findings and Determinations.  The County Council (the “County Council”), of Newberry County, South Carolina (the “County”), hereby finds and determines:

 

            (a)            On May 2, 2007, the County Council enacted Ordinance No. 01-09-07 authorizing the issuance and sale of a general obligation bond in the amount of not to exceed $1,700,000 for the purposes of completing projects at Prosperity Fire Department, Silverstreet Fire Department, and Consolidated Fire Department; repairs and modifications to the existing Sheriff’s office located on Highway 219; and paying the costs of issuance of the Bond.

 

            (b)            County Council has determined that it would be in the best interest of the County to amend the purpose for which the bond proceeds can be expended to delete from the purpose repairs and modifications to the existing Sheriff’s office located on Highway 219 and to add to the purpose capital improvements to the Newberry Opera House, the Helena Community Center, the Rescue Squad Fourteen Building and also to authorize that the general obligation bond be issued in one or more series with appropriate series designations.

 

            SECTION 2.  Amendment of Ordinance No. 01-09-07.

 

            (a)            Section 1, paragraph (f), is amended to read:

 

     (f) It is now in the best interest of the County for the County Council to provide for the issuance and sale of not exceeding $1,700,000 aggregate principal amount general obligation bond, in one or more series, with appropriate series designations, of the County, the proceeds of which will be used to pay the costs of completing projects at Prosperity Fire Department, Silverstreet Fire Department, and Consolidated Fire Department; capital improvements to the Newberry Opera House, the Helena Community Center, and the Rescue Squad Fourteen Building (the “Projects”); and costs of issuance of the Bond.

 

            (b)            The first paragraph of Section 3 is amended to read as follows:

 

Pursuant to the aforesaid provisions of the Constitution and laws of the State, there is hereby authorized to be issued a not exceeding One Million Seven Hundred Thousand Dollars ($1,700,000) aggregate principal amount general obligation bond of the County to be issued in one or more series, with appropriate series designations and each designated “(Amount Issued) General Obligation Bond, (Series Designation), of Newberry County, South Carolina” (the “Bond”), for the purpose set forth in Section 1(f) and other costs incidental thereto, including without limiting the generality of such other costs, engineering, financial and legal fees. 

 

            (c)        All other provisions of Ordinance No. 01-09-07 shall remain in full force and effect.

 

            SECTION 3.  Notice of Public Hearing.  The County Council hereby ratifies and approves the publication of a notice of public hearing regarding the Bond and this Ordinance, such notice in substantially the form attached hereto as Exhibit A, having been published in The Newberry Observer, a newspaper of general circulation in the County, not less than 15 days prior to the date of such public hearing. 

 

            SECTION 4.  Initiative and Referendum.  The County Council hereby delegates to the County Administrator or his lawfully-authorized designee the authority to determine whether the Notice prescribed under the provisions of Section 5 of Title 11, Chapter 27 of the Code relating to the initiative and referendum provisions contained in Title 4, Chapter 9, Article 13 of the Code shall be given with respect to this Ordinance.  If said Notice is given, the County Administrator or his lawfully-authorized designee is authorized to prescribe the form of the Notice and cause such Notice to be published in a newspaper of general circulation in the County in substantially the form attached hereto as Exhibit B. 

 

SECTION 5.  Repeal of Conflicting Ordinances.  All orders, resolutions, ordinances and parts thereof, procedural or otherwise, in conflict herewith or the proceedings authorizing the issuance of the Bond are, to the extent of such conflict, hereby repealed and this Ordinance shall take effect and be in full force from and after its passage and approval.

 

            SECTION 6.  Codification.  This Ordinance shall be forthwith codified in the Code of County Ordinances in the manner required by law.

 

Enacted this 15th day of August, 2007.

 

                        NEWBERRY COUNTY, SOUTH CAROLINA

 

(SEAL)            _________________________________

                        Chairman, County Council     

 

ATTEST:

 

                                              

Clerk, County Council

 

Date of First Reading:                       July 11, 2007

Publication of Notice of         

  Public Hearing:                        July 27, 2007

Date of Second Reading:            August 8, 2007    

Date of Public Hearing:                        August 15, 2007

Date of Third Reading:                       August 15, 2007

 

EXHIBIT A

 

 

FORM OF NOTICE OF PUBLIC HEARING

 

            Notice is hereby given that a public hearing will be held by the County Council of Newberry County, South Carolina (the “County”), in County Council Chambers, 1309 College Street, Newberry, South Carolina at 7:00 p.m. on ________, 2007.

 

            The purpose of the public hearing is to consider an ordinance Amending Ordinance No. 01-09-07 which authorized the issuance and sale of a General Obligation Bond, Series 2007, of Newberry County, South Carolina, in the principal amount of not exceeding $1,700,000 (the “Bond”).  Pursuant to the Amending Ordinance, the proceeds of the Bond will be used to pay the costs of completing projects at Prosperity Fire Department, Silverstreet Fire Department, and Consolidated Fire Department; capital improvements to the Newberry Opera House and Helena Community Center; and costs of issuance of the Bond.

 

            The amending ordinance modifies the use of proceeds to delete the proposed repairs and improvements to the former Sheriff’s Office Building on Highway 219 and to add the capital improvements to the Newberry Opera House and Helena Community Center.

 

            The full faith, credit, and taxing power of the County will be pledged for the payment of the principal of and interest on the Bond and a tax, without limit, will be levied on and collected annually, in the same manner other County taxes are levied and collected, on all taxable property of the County sufficient to pay the principal of and interest on the Bond as they respectively mature and to create such sinking fund as may be necessary therefor.

 

            At the public hearing all taxpayers and residents of the County and any other interested persons who appear will be given an opportunity to express their views for or against the Ordinance and the issuance of the Bond.

 

COUNTY COUNCIL OF NEWBERRY COUNTY,

SOUTH CAROLINA

                                                                        Henry B. Summer, Chairman

EXHIBIT B

 

FORM OF NOTICE

 

 

            NOTICE IS HEREBY GIVEN that the County Council (the “County Council”) of Newberry County, South Carolina (the “County”), on _______________ adopted an ordinance entitled “ORDINANCE NO. _____________ AMENDING ORDINANCE NO. 01-09-07 AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION BOND, SERIES 2007” (the “Ordinance”).  The Ordinance authorizes the issuance and sale of not to exceed $1,700,000 General Obligation Bond in one or more series (the “Bond”) of the County.

 

            The proceeds of the Bond will be used to pay the costs of completing projects at Prosperity Fire Department, Silverstreet Fire Department, and Consolidated Fire Department; capital improvements to the Newberry Opera House and Helena Community Center; and costs of issuance of the Bond.

 

            Pursuant to Section 11-27-40(8) of the South Carolina Code of Laws, 1976, as amended, unless a notice, signed by not less than five (5) qualified electors of the County, of the intention to seek a referendum is filed both in the office of the Clerk of Court of the County and with the Clerk of the County Council, the initiative and referendum provisions of South Carolina law, Sections 4-9-1210 to 4-9-1230, South Carolina Code of Laws 1976, as amended, shall not be applicable to the Ordinance. The notice of intention to seek a referendum must be filed within twenty (20) days following the publication of this notice of the adoption of the aforesaid Ordinance in a newspaper of general circulation in Newberry County.

 

 

                                                                        COUNTY COUNCIL OF NEWBERRY COUNTY,

                                                                        SOUTH CAROLINA

                                                                        Henry B. Summer, Chairman