2015/07/20 RESOLUTION AUTHORIZING AN INSTALLMENT FINANCING AGREEMENT BY BOONE TRAIL EMERGENCY SERVICES & THE TAX EXEMPT LOAN RELATED THERETO AGREED TO PROVIDE COUNTY FIRE PROTECTION SERVICES EXTRACT FROM MINUTES OF BOARD OF COMMISSIONERS
A regular meeting of the Board of Commissioners of the County of Harnett, North Carolina
(the"Board") was held at the County Commissioners' Meeting Room, Harnett County Administration
Building, 102 East Front Street,Lillington,North Carolina,at 7:00 p.m. on July 20,2015 (the"Meeting"),
after proper notice, and was called to order by Chairman Jim Burgin, and upon the roll being called, the
following members of the Board answered present:
Jim Burgin, Chairman
Gordon Springle,Vice Chairman
Abe Elmore,Commissioner
Barbara McKoy, Commissioner
Joe Miller,Commissioner
The following members of the Board were absent: N/A
Also present: Joseph Jeffries,County Manager
Paula Stewart,Deputy County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt,Finance Officer
Margaret Regina Wheeler,Clerk
* * *
The Chairman of the Board of Commissioners (the "Board") for the County of Harnett, North
Carolina(the"County") stated that the Board has been requested by the Boone Trail Emergency Services
("BTES") to approve an installment financing agreement between Branch Banking and Trust Company
and BTES (the "Agreement"). BTES will use the proceeds of the Agreement to finance an addition and
other improvements to their facility(the"Project")and, if applicable,to pay certain expenses incurred in
connection with the delivery of the Agreement. The Chairman then stated that a notice of public hearing
by the Board regarding the Project and the execution and delivery of the Agreement had been published
on July 6,2015 in The Daily Record.
Chairman Burgin declared the public hearing on the Project and the execution and delivery of the
Agreement to be open.
The Chairman announced that the Board would hear anyone who wished to be heard on the
advisability of the financing of the Project and the proposed execution and delivery of the Agreement, and
that a representative of BTES was available and prepared to discuss the details concerning such matters.
Kris Nystrom of 391 Center Lane in Bunnlevel spoke in support of the request. After the Board had
heard all persons who requested to be heard,the Chairman declared the public hearing closed.
Commissioner Elmore then introduced the following resolution, the title of which was read and
copies of which had been previously distributed to each Commissioner:
RESOLUTION AUTHORIZING AND APPROVING THE DELIVERY OF AN INSTALLMENT
FINANCING AGREEMENT BY BOONE TRAIL EMERGENCY SERVICES AND THE TAX-
EXEMPT LOAN RELATED THERETO
WHEREAS, Boone Trail Emergency Services(the "BTES") and the County of Harnett, North
Carolina (the "County") have heretofore entered into an agreement in March 1992 whereby BTES has
agreed to provide the County fire protection services; and
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WHEREAS, BTES wishes to fmance an addition and other improvements to its facility (the
"Project") and, if applicable, to pay certain expenses incurred in connection with the delivery of the
Agreement(as defined below);and
WHEREAS, BTES and Branch Banking and Trust Company(the "Bank") intend to enter into an
installment financing agreement(the"Agreement")whereby the Bank will advance to BTES funds for the
Project and,if applicable, such related costs;and
WHEREAS, the interest component of the repayment obligations under the Agreement are
intended to be excludable from the gross income of the recipients thereof; and
WHEREAS, pursuant to the Internal Revenue Code of 1986, as amended (the "Code"), the
execution and delivery of the Agreement must be approved, after a public hearing required by
Sections 150(e)(3) and 147(f) of the Code, by the governmental unit having jurisdiction over the area in
which the Equipment is located;and
WHEREAS, the Agreement does not constitute a debt of the State of North Carolina or any
political subdivision or any agency thereof, including the County, or a pledge of the faith and credit of the
State of North Carolina or any political subdivision or any such agency, including the County, but is
payable solely from the revenues and other funds provided for by BTES in the Agreement; and
WHEREAS, because no revenues or taxes of the County are legally pledged to the repayment
obligations under the Agreement,the staff of the County has made no fmancial analysis of the Agreement
or the Project to be financed thereby;and
WHEREAS, the Board of Commissioners of the County(the "Board"), pursuant to public notice
duly given, has held a public hearing on the advisability of the delivery of the Agreement to fmance the
Project and has considered the comments of all persons who requested to be heard; and
WHEREAS, the Board desires to approve the delivery of the Agreement for the purpose of
financing the Project;
NOW THEREFORE, BE IT RESOLVED by the Board as follows:
1. The Board has held the public hearing and taken the actions set forth herein in order to
satisfy Sections 150(e)(3)and 147(f)of the Code.
2. The delivery of the Agreement in an aggregate principal amount not exceeding$400,000
to finance the Project and, if applicable, certain related costs is hereby approved.
3. The Clerk to the Board is hereby authorized and directed to provide a certified copy of
this resolution to BTES and the Bank.
4. THE AGREEMENT DOES NOT CONSTITUTE A DEBT OF THE STATE OF NORTH CAROLINA OR
ANY POLITICAL SUBDIVISION OR ANY AGENCY THEREOF,INCLUDING THE COUNTY, OR A PLEDGE OF THE
FAITH AND CREDIT OF THE STATE OF NORTH CAROLINA OR ANY POLITICAL SUBDIVISION OR ANY SUCH
AGENCY,INCLUDING THE COUNTY.
5. This resolution is effective on its adoption.
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STATE OF NORTH CAROLINA )
) SS:
COUNTY OF HARNETT )
I, Margaret Regina Wheeler, Clerk to the Board of Commissioners of the County of Harnett,
North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a Resolution
entitled, "RESOLUTION AUTHORIZING AND APPROVING THE DELIVERY OF AN INSTALLMENT
FINANCING AGREEMENT BY BOONE TRAIL EMERGENCY SERVICES AND THE TAX-EXEMPT LOAN
RELATED THERETO"adopted by the Board of Commissioners of the County of Harnett,North Carolina,
in regular session convened on the 20th day of July,2015.
WITNESS my hand and the corporate seal of the County of Harnett,North Carolina, this the 20th
day of July,2015.
r I
_ _____,,,, loit , , ,... ,,,, Marg -t Regina Wh er
It `4 s , Clerk t the Board o mmissioners
(SEAL) ;* 7 i -•1.::;.
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