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HomeMy WebLinkAbout2015/09/21 RESOLUTION AUTHORIZING REALLOCATION OF THE COUNTY'S QUALIFIED ENERGY CONSERVATION BOND ALLOCATION TO THE NORTH CAROLINA AGRICULTURAL FINANCE AUTHORITYHARNETT COUNTY BOARD OF COMMISSIONERS Excerpt of Minutes of Meeting on September 21, 2015 Present: Chairman Jim Burgin presiding, Vice Chairman Gordon Springle and Commissioners Abe Elmore, Barbara McKoy and Joe Miller Absent: N/A The following resolution was discussed and its title was read: RESOLUTION AUTHORIZING REALLOCATION OF THE COUNTY'S QUALIFIED ENERGY CONSERVATION BOND ALLOCATION TO THE NORTH CAROLINA AGRICULTURAL FINANCE AUTHORITY WHEREAS, Section 54D of the Internal Revenue Code of 1986, as amended (the "Code") authorizes the issuance of qualified energy conservations bonds ("QECBs") to finance a wide range of renewable energy and energy conservation facilities, all as described in the Code ("Qualified Conservation Purposes"); and WHEREAS, under the American Recovery and Reinvestment Act of 2009 ("ARRA") the total amount of QECBs authorized was increased to $3.2 billion, which was then allocated to each state based on population; and WHEREAS, the State of North Carolina received $95,677,000 in QECB allocation, which was then reallocated by the North Carolina Tax Reform Allocation Committee ("TRAC") in accordance with Section 54D of the Code and IRS Notice 2009-29 to "large local govemments" (i.e. cities and counties with more than 100,000 in population); and WHEREAS, Harnett County qualifies as a "large local govemment," and as part of the reallocation process, the Harnett County received from TRAC $1,146,405 in QECB allocation (the "Harnett QECB Allocation"); and WHEREAS, Hamett County does not anticipate using its QECB allocation for a Qualified Conservation Purpose; and WHEREAS, IRS Notice 2009-29 provides that "large local governments" that receive an allocation to issue QECBs are authorized to reallocate such QECB allocation to another eligible issuer, provided that the QECB allocation is used to finance a qualifying project within the jurisdiction of the large local government; and WHEREAS, the North Carolina Agricultural Finance Authority (the "Authority") has requested that Harnett County reallocate its QECB allocation to the Authority to be used by the Authority in its Green Community Program to provide a portion of the financing for energy projects to be located entirely within the jurisdiction of Harnett County, and the County desires to make such reallocation in order to facilitate such projects within the jurisdiction of the County; NOW THEREFORE BE IT RESOLVED, by the Harnett County Board of Commissioners that the County hereby reallocates the Harnett QECB Allocation to the Authority to be used in its Green Community Program to finance one or more energy projects located in Harnett County. To the extent the North Carolina Agricultural Finance Authority does not use such allocation within one year of the date of this resolution through the issuance of qualified energy conservation bonds, such Harnett QECB Allocation shall revert to the County to be used by the County or to be reallocated for another purpose. The officers of the County are hereby authorized and directed to take such action and file such reports and notices as may be required to carry out this resolution. Vice Chairman Springle moved the passage of the foregoing resolution, Commissioner Elmore seconded the motion, and the resolution was passed by the following vote: Ayes: 5 Nays: 0 Not Voting: N/A 1, Margaret Regina Wheeler, Clerk to the Board of Commissioners for Harnett County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and complete copy of so much of the proceedings of the Board of Commissioners for said County at a regular meeting duly called and held June 15, 2015, as it relates in any way to the resolution hereinabove set forth. Pursuant to G.S. § 143-318.12, a current copy of a schedule of regular meetings of the Board of Commissioners for said County is on file in my office. WITNESS my hand and the common seal of said County, this 2151 day of September, 2015. (SEAL) 2 53251.000012 EMF US 55734653v2 Marg et Regina Nheeler Clerk to the Boarof Commissioners Harhckt County, North Carolina