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HomeMy WebLinkAbout2017/04/17 RESOLUTION OF THE BOARD PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS, SERIES 2017 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS A Regular Meeting of the Board of Commissioners(the"Board')of the County of Harnett North Carolina was held on Monday,April 17, 2017,at 7:00 p.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, Gordon Springle, Chairman of the Board of Commissioners of the County of Harnett, North Carolina, presiding and the following Commissioners present: Commissioners Present: Gordon Springle, Chairman Joe Miller, Vice-Chairman Abe Elmore, Commissioner Barbara McKoy,Commissioner Howard Penny, Commissioner Commissioners Absent: N/A • Chairman Springle introduced the following resolution (the "Resolution'), a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board of Commissioners and which was read by title: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT NORTH CAROLINA PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS,SERIES 2017 WHEREAS, the Bond Order (as defined below) has been adopted, and it is desirable to make provision for the issuance of the bonds authorized by the Bond Order; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett,North Carolina(the"Board of Commissioners')as follows: Section 1. For purposes of this Resolution,the following words will have the meanings ascribed to them below: "Bond Order'means the Bond Order relating to the Projects(as defined herein)which was adopted by the Board of Commissioners on July 21, 2014 and approved by the vote of a majority of the voters who voted thereon at a referendum duly called and held on November 4, 2014. "Federal Securities" means (a)direct obligations of the United States of America for the timely payment of which the full faith and credit of the United States of America is pledged;(b)obligations issued by any agency controlled or supervised by and acting as an instrumentality of the United States of America, the timely payment of the principal of and interest on which is fully guaranteed as full faith and credit obligations of the United States of America(including any securities described in(a)or(b) issued or held in the name of the Trustee in book-entry form on the books of the Department of Treasury of the United States of America), which obligations, in either case, are held in the name of a trustee and are not subject to redemption or purchase prior to maturity at the option of anyone other than the holder; (c)any bonds or other obligations of the State of North Carolina or of any agency, instrumentality or local governmental unit of the State of North Carolina which are(I)not callable prior to maturity or(2)as to which irrevocable PPAB 3630180v3 instructions have been given to the trustee or escrow agent with respect to such bonds or other obligations by the obligor to give due notice of redemption and to call such bonds for redemption on the date or dates specified, and which are rated by Moody's, if the 2017 Bonds are rated by Moody's. and S&P, if the 2017 Bonds are rated by S&P, within the two highest rating categories and which are secured as to principal, redemption premium, if any, and interest by a fund consisting only of cash or bonds or other obligations of the character described in clause (a)or(b) hereof which fund may be applied only to the payment of such principal of and interest and redemption premium,if any,on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; or(d)direct evidences of ownership of proportionate interests in future interest and principal payments on specified obligations described in (a) held by a bank or trust company as custodian, under which the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor on the underlying obligations described in (a), and which underlying obligations are not available to satisfy any claim of the custodian or any person claiming through the custodian or to whom the custodian may be obligated. "Finance Officer' means the County's Finance Officer, or such other officer of the County designated as the Finance Officer. "Moody's"means Moody's Investors Service, a corporation organized and existing under the laws of the State of Delaware, its successors and their assigns and, if such corporation for any reason no longer performs the functions of a securities rating agency, "Moody's" will be deemed to refer to any other nationally recognized rating agency other than S&P designed by the County. "Pricing Certificate"means the certificate of the County's Finance Officer delivered in connection with the issuance of the 2017 Bonds which establishes, with respect to the 2017 Bonds, the final maturity amounts, the interest payment dates and the provisions for redemption. "Projects" means providing for the construction, renovation, improvement, equipping and furnishing of public school facilities within the County, including the acquisition of land,rights-of-way and easements required therefor. "S&P" means Standard & Poor's Ratings Services, its successors and their assigns and, if such corporation for any reason no longer performs the functions of a securities rating agency, "S&P" will be deemed to refer to any other nationally recognized rating agency other than Moody's designed by the County. "2017 Bonds"means the County's General Obligation School Bonds, Series 2017 authorized under the Bond Order. Section 2. The County shall issue not to exceed$30,000,000 in total aggregate principal amount of its 2017 Bonds. Section 3. Unless the Finance Officer provides otherwise in the Pricing Certificate, the 2017 Bonds shall be dated their date of issuance and pay interest semiannually on May 1 and November 1, beginning November I, 2017. The 2017 Bonds are being issued to provide funds(1)to finance the capital costs of a portion of the Projects pursuant to and in accordance with the Bond Order and(2)to pay the costs of issuing the 2017 Bonds. Section 4. The Board of Commissioners has ascertained and hereby determines that the average period of usefulness of the capital projects being financed by the proceeds of the 2017 Bonds is not less than 25 years computed from the date of issuance of the 2017 Bonds. PPAB 36301803 Section 5. The 2017 Bonds are payable in annual installments on May 1 in each year. unless the Finance Officer establishes a different date in her Pricing Certificate. The maturities of the 2017 Bonds will be as set forth in the Pricing Certificate. Section 6. The 2017 Bonds are to be numbered from"R-1"consecutively and upward. All 2017 Bonds shall bear interest from their date at a rate or rates which shall be hereafter determined on the sale thereof computed on the basis of a 360-day year of twelve 30-day months. Section 7. The 2017 Bonds are to be registered as to principal and interest, and the Finance Officer is directed to maintain the registration records with respect thereto. The 2017 Bonds shall bear the original or facsimile signatures of the Chairman of the Board of Commissioners or the County Manager and the Clerk to the Board of Commissioners of the County. An original or facsimile of the seal of the County is to be imprinted on each of the 2017 Bonds. Section 8. The 2017 Bonds will initially be issued by means of a book-entry system with no physical distribution of bond certificates made to the public. One bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York("DTC').and immobilized in its custody. A book-entry system will be employed, evidencing ownership of the 2017 Bonds in principal amounts of $5,000 or integral multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC. Interest on the 2017 Bonds will be payable to DTC or its nominee as registered owner of the 2017 Bonds in immediately available funds. The principal of and interest on the 2017 Bonds will be payable to owners of 2017 Bonds shown on the records of DTC at the close of business on the 15th day of the month preceding an interest payment date or a bond payment date. The County will not be responsible or liable for maintaining,supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. If(a) DTC determines not to continue to act as securities depository for the 2017 Bonds or(b)the Finance Officer of the County determines that the continuation of the book-entry system of evidence and transfer of ownership of the 2017 Bonds would adversely affect the interests of the beneficial owners of the 2017 Bonds,the County will discontinue the book-entry system with DTC in accordance with the rules and procedures of DTC. If the County fails to identify another qualified securities depository to replace DTC, the County will authenticate and deliver replacement bonds in accordance with the rules and procedures of DTC. Section 9. If the Pricing Certificate designates a date for the 2017 Bonds on and after which the 2017 Bonds are subject to redemption,then such 2017 Bonds are subject to redemption before maturity, at the option of the County, from any money that may be made available for such purpose, either in whole or in part on any date on or after the date set forth in the Pricing Certificate, at the principal amount of the 2017 Bonds to be redeemed, together with interest accrued thereon to the date fixed for redemption, with such redemption premium, if any, designated for the 2017 Bonds in the Pricing Certificate. If the 2017 Bonds are subject to optional redemption and if less than all the 2017 Bonds are called for redemption,the County shall select the maturity or maturities of the 2017 Bonds to be redeemed in such manner as the County in its discretion may determine, and DTC and its participants shall determine which 2017 Bonds within a maturity are to be redeemed by lot;provided, however, that the portion of any 2017 Bond to be redeemed must be in principal amount of $5,000 or integral multiples thereof and that, in selecting 2017 Bonds for redemption, each 2017 Bond is to be considered as representing that number of 2017 Bonds which is obtained by dividing the principal amount of such 2017 Bond by $5,000. When the County elects to redeem any 2017 Bonds, notice of such redemption of such 2017 Bonds, stating the redemption date, redemption price and identifying the 2017 Bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there are due and payable on 3 PPAB 3630180v3 a: each 2017 Bond or portion thereof so to be redeemed, the principal thereof and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue, is to be given not less than 30 days nor more than 60 days before the redemption date in writing to DTC or its nominee as the registered owner of such 2017 Bonds, by prepaid certified or registered United States mail(or by such other means as may be permitted by DTC's rules and procedures),at the address provided to the County by DTC, but any failure or defect in respect of such mailing will not affect the validity of the redemption. If DTC is not the registered owner of such 2017 Bonds, the County will give notice at the time set forth above by prepaid first class United States mail, to the then-registered owners of such 2017 Bonds or portions thereof to be redeemed at the last address shown on the registration books kept by the County. The County will also mail or transmit by facsimile or electronic submission a copy of the notice of redemption within the time set forth above (1)to the Commission and (2)to the Municipal Securities Rule Making Board (the "MSRB") in an electronic format as prescribed by the MSRB. Section 10. The 2017 Bonds and the provisions for the registration of the 2017 Bonds and for the approval of the 2017 Bonds by the Secretary of the Local Government Commission are to be in substantially the form set forth in Exhibit A hereto. Section 11. The Finance Officer is hereby authorized to execute a non-arbitrage certificate with respect to the 2017 Bonds in order to comply with Section 148 of the Code and the applicable Income Tax Regulations thereunder. Section 11. The Finance Officer is hereby directed to create and establish a special fund to be designated "County of Harnett, North Carolina General Obligation School Bonds, Series 2017 Project Fund' (the "Project Fund') and may establish separate accounts with the Project Fund related to each of the Projects or otherwise track the expenditures related to each of the Projects. The Finance Officer shall deposit the proceeds from the sale of the 2017 Bonds in the Project Fund. The Finance Officer shall invest and reinvest any moneys held in the Project Fund as permitted by the laws of the State of North Carolina and the income, to the extent permitted by the Code, is to be retained in the Project Fund and applied with the proceeds of the 2017 Bonds to pay the costs of the Projects, as directed by the Finance Officer. The Finance Officer shall keep and maintain adequate records pertaining to the Project Fund and all disbursements therefrom so as to satisfy the requirements of the laws of the State of North Carolina and to assure that the County maintains its covenants with respect to the exclusion of the interest on the 2017 Bonds from gross income for purposes of federal income taxation. Section 13. Actions taken by officials of the County to select paying and transfer agents, and a bond registrar, or alternate or successor agents and registrars pursuant to Section 159E-8 of the Registered Public Obligations Act,Chapter 159E of the General Statutes of North Carolina, are hereby authorized and approved. Section 14. The Local Government Commission is hereby requested to sell the 2017 Bonds through a competitive sale to the bidder whose bid results in the lowest interest cost to the County, determined on the basis of the true interest cost method. Section 15. The Chairman of the Board, the County Manager, the Clerk to the Board and the Finance Officer, individually and collectively, are hereby authorized and directed to cause the 2017 Bonds to be prepared and, when they shall have been duly sold by the Local Government Commission,to execute the 2017 Bonds and to turn the 2017 Bonds over to the registrar and transfer agent of the County for delivery through the facilities of DTC to the purchaser or purchasers to whom they may be sold by the Local Government Commission. 4 PPAB 3630180v3 Section 16. The form and content of the Notice of Sale and the Preliminary Official Statement together with the final Official Statement related to the 2017 Bonds are in all respects authorized, approved and confirmed,and the Chairman of the Board,the County Manager,the Clerk to the Board and the Finance Officer, individually and collectively, are authorized, empowered and directed to execute and deliver the Official Statement in substantially the form and content presented to the Board, but with such changes, modifications, additions or deletions therein as shall to the Chairman of the Board, the County Manager. the Clerk to the Board and the Finance Officer seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the approval of the Board of any and all changes,modifications, additions or deletions therein from the form and content of the Official Statement presented to the Board. Section 17. The Chairman of the Board, the County Manager, the Clerk to the Board and the Finance Officer, individually and collectively, are authorized and directed to execute and deliver for and on behalf of the County any and all additional certificates,documents,opinions or other papers and perform all other acts as may be required by the documents contemplated hereinabove or as may be deemed necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 18. The County agrees, in accordance with Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission (the "SEC") and for the benefit of the Registered Owners and beneficial owners of the 2017 Bonds, as follows: (1) by not later than seven months after the end of each Fiscal Year to the Municipal Securities Rulemaking Board (the "MS'RB") in an electronic format as prescribed by the MSRB, the audited financial statements of the County for the preceding Fiscal Year, if available, prepared in accordance with Section 159-34 of the General Statutes of North Carolina,as it may be amended from time to time, or any successor statute, or if such audited financial statements are not then available, unaudited financial statements of the County for such Fiscal Year to be replaced subsequently by audited financial statements of the County to be delivered within 15 days after such audited financial statements become available for distribution; (2) by not later than seven months after the end of each Fiscal Year to the MSRB, the financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of information included under the captions"THE COUNTY—DEBT LNFORMATION"and "—TAX INFORMATION" (excluding information on underlying and overlapping units) in the Official Statement referred to in Section 16; (3) in a timely manner not in excess of 10 business days after the occurrence of the event, to the MSRB, notice of any of the following events with respect to the 2017 Bonds: (a) principal and interest payment delinquencies: (b) non-payment related defaults, if material; (c) unscheduled draws on the debt service reserves reflecting financial difficulties; (d) unscheduled draws on any credit enhancements reflecting financial difficulties: (e) substitution of any credit or liquidity providers,or their failure to perform; 5 PPAB 3630180v3 (f) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability,Notices of Proposed Issue(IRS Form 5701- TEB)or other material notices or determinations with respect to the tax status of the 2017 Bonds or other material events affecting the tax status of the 2017 Bonds; (g) modification of the rights of the Beneficial Owners of the 2017 Bonds, if material; (h) call of any of the 2017 Bonds, if material, and tender offers; (i) defeasance of any of the 2017 Bonds; 6) release, substitution or sale of any property securing repayment of the 2017 Bonds. if material; (k) rating changes; (I) bankruptcy, insolvency, receivership or similar event of the Board; (m) the consummation of a merger,consolidation,or acquisition involving the Board or the sale of all or substantially all of the assets of the obligated person. other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to such actions, other than pursuant to its terms, if material; and (n) the appointment of a successor or additional trustee, or the change in the name of a trustee. if material; and (4) in a timely manner to the MSRB, notice of the failure by the County to provide the required annual financial information described in(1)and(2)above on or before the date specified. The County agrees that its undertaking under this Paragraph is intended to be for the benefit of the registered owners and the beneficial owners of the 2017 Bonds and is enforceable by any of the registered owners and the beneficial owners of the 2017 Bonds, including an action for specific performance of the County's obligations under this Paragraph, but a failure to comply will not be an event of default and will not result in acceleration of the payment of the 2017 Bonds. An action must be instituted, had and maintained in the manner provided in this Paragraph for the benefit of all of the registered owners and beneficial owners of the 2017 Bonds. All documents provided to the MSRB as described in this Paragraph shall be provided in an electronic format as prescribed by the MSRB and accompanied by identifying information as prescribed by the MSRB. The County may discharge its undertaking described above by providing such information in a manner the SEC subsequently authorizes in lieu of the manner described above. The County may modify from time to time, consistent with the Rule, the information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the County, but: (I) any such modification may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law or change in the identity, nature or status of the County; 6 PPAB 3630180v3 (2) the information to be provided, as modified, would have complied with the requirements of the Rule as of the date of the Official Statement, after taking into account any amendments or interpretations of the Rule as well as any changes in circumstances; (3) any such modification does not materially impair the interest of the registered owners or the beneficial owners, as determined by nationally recognized bond counsel or by the approving vote of the registered owners of a majority in principal amount of the 2017 Bonds. Any annual financial information containing modified operating data or financial information will explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided. The provisions of this Paragraph terminate on payment,or provision having been made for payment in a manner consistent with the Rule, in full of the principal of and interest on the 2017 Bonds. Section 19. Those portions of this Resolution other than Paragraph 18 may be amended or supplemented, from time to time, without the consent of the owners of the 2017 Bonds if in the opinion of nationally recognized bond counsel,such amendment or supplement would not adversely affect the interests of the owners of the 2017 Bonds and would not cause the interest on the 2017 Bonds to be included in the gross income of a recipient thereof for federal income tax purposes. This Resolution may be amended or supplemented with the consent of the owners of a majority in aggregate principal amount of the outstanding 2017 Bonds, exclusive of 2017 Bonds, if any, owned by the County, but a modification or amendment (1) may not, without the express consent of any owner of 2017 Bonds, reduce the principal amount of any 2017 Bond,reduce the interest rate payable on it.extend its maturity or the times for paying interest,change the monetary medium in which principal and interest is payable, or reduce the percentage of consent required for amendment or modification and (2)as to an amendment to Paragraph 18, must be limited as described therein. Any act done pursuant to a modification or amendment consented to by the owners of the 2017 Bonds is binding on all owners of the 2017 Bonds and will not be deemed an infringement of any of the provisions of this Resolution,whatever the character of the act may be, and may be done and performed as fully and freely as if expressly permitted by the terms of this Resolution, and after consent has been given, no owner of a 2017 Bond has any right or interest to object to the action, to question its propriety or to enjoin or restrain the County from taking any action pursuant to a modification or amendment. If the County proposes an amendment or supplemental resolution to this Resolution requiring the consent of the owners of the 2017 Bonds, the Registrar shall, on being satisfactorily indemnified with respect to expenses, cause notice of the proposed amendment to be sent to each owner of the 2017 Bonds then outstanding by first-class mail, postage prepaid, to the address of such owner as it appears on the registration books; but the failure to receive such notice by mailing by any owner, or any defect in the mailing thereof, will not affect the validity of any proceedings pursuant hereto. Such notice shall briefly set forth the nature of the proposed amendment and shall state that copies thereof are on file at the principal office of the Registrar for inspection by all owners of the 2017 Bonds. If, within 60 days or such longer period as shall be prescribed by the County following the giving of such notice,the owners of a majority in aggregate principal amount of 2017 Bonds then outstanding have consented to the proposed amendment, the amendment will be effective as of the date stated in the notice. Section 20. Nothing in this Resolution precludes (a)the payment of the 2017 Bonds from the proceeds of refunding bonds or(b)the payment of the 2017 Bonds from any legally available funds. 7 PPAB 3630180v3 If the County causes to be paid,or has made provisions to pay,on maturity or on redemption before maturity, to the owners of the 2017 Bonds the principal of the 2017 Bonds (including interest to become due thereon), through setting aside trust funds or setting apart in a reserve fund or special trust account created pursuant to this Resolution or otherwise, or through the irrevocable segregation for that purpose in some sinking fund or other fund or trust account with an escrow agent or otherwise, moneys sufficient therefor, including, but not limited to, interest earned or to be earned on Federal Securities,the County shall so notify each rating agency then rating the 2017 Bonds, and then such 2017 Bonds shall be considered to have been discharged and satisfied, and the principal of the 2017 Bonds (including and interest thereon) shall no longer be deemed to be outstanding and unpaid: provided, however,that nothing in this Resolution requires the deposit of more than such Federal Securities as may be sufficient,taking into account both the principal amount of such Federal Securities and the interest to become due thereon, to implement any such defeasance. If such a defeasance occurs and after the County receives an opinion of a nationally recognized verification agent that the segregated moneys or Federal Securities together with interest earnings thereon are sufficient to effect a defeasance, the County shall execute and deliver all such instruments as may be necessary to effect such a defeasance and desirable to evidence such release, discharge and satisfaction. The County shall make provisions for the mailing of a notice to the owners of the 2017 Bonds that such moneys are so available for such payment. Section 21. If any one or more of the agreements or provisions herein contained is held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or for any reason whatsoever is held invalid, then such covenants, agreements or provisions are null and void and separable from the remaining agreements and provisions and will in no way affect the validity of any of the other agreements and provisions hereof or of the 2017 Bonds authorized hereunder. Section 22. All resolutions or parts thereof of the Board of Commissioners in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section 23. This Bond Resolution is effective on its adoption. On motion of Commissioner McKoy, seconded by Vice Chairman Miller,the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT NORTH CAROLINA PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS,SERIES 2017" was duly adopted by the following vote: AYES: 5 NAYS: 0 8 PPAB 3630180v3 APPENDIX A FORM OF 2017 BOND No. R- $ UNITED STATES OF AMERICA STATE OF NORTH CAROLINA COUNTY OF HARNETT INTEREST RATE MATURITY DATE DATED DATE CUSIP MAY 1, MAY 30,2017 REGISTERED OWNER: CEDE& CO. PRINCIPAL SUM: DOLLARS GENERAL OBLIGATION SCHOOL BOND,SERIES 2017 THE COUNTY OF HARNETT, NORTH CAROLINA (the "County") acknowledges itself indebted and for value received hereby promises to pay to the Registered Owner named above, on the Maturity Date specified above, upon surrender hereof. the Principal Sum shown above and to pay to the Registered Owner hereof interest thereon from the date of this 2017 Bond until it shall mature at the Interest Rate per annum specified above, payable on November I. 2017 and semiannually thereafter on May 1 and November 1 of each year. Principal of and interest on this 2017 Bond are payable in immediately available funds to The Depository Trust Company (`DTC") or its nominee as registered owner of the 2017 Bonds and is payable to the owner of the 2017 Bonds shown on the records of DTC at the close of business on the 15th day of the month preceding an interest payment date or a bond payment date. The County is not responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. This 2017 Bond is issued in accordance with the Registered Public Obligations Act,Chapter 159E of the General Statutes of North Carolina, and pursuant to The Local Government Finance Act, the Bond Order adopted by the Board of Commissioners on July 21, 2014 and approved by the vote of a majority of the voters who voted thereon at a referendum duly called and held on November 4, 2014. The 2017 Bonds are being issued to provide funds to pay the capital costs of providing for the construction, renovation, improvement, equipping and furnishing of public school facilities within the County, including the acquisition of land, rights-of-way and easements required therefor and to pay the costs of issuing the 2017 Bonds. The 2017 Bonds maturing on or before May 1, 2027 will not be subject to redemption prior to maturity. The 2017 Bonds maturing on and after May 1, 2028 will be subject to redemption prior to maturity,at the option of the County, from any moneys that may be made available for such purpose,either in whole or in part on any date on or after May 1,2027. 2017 Bonds called for redemption will be redeemed at the redemption price of the principal amount of 2017 Bonds to be so redeemed, plus accrued interest to the redemption date. If less than all of the 2017 Bonds are called for redemption,the County shall select the maturity or maturities of the 2017 Bonds to be redeemed in such manner as the County in its discretion may determine and DTC and its participants shall determine which of the 2017 Bonds within a maturity are to be redeemed A-1 PPAB 3630I80v3 in accordance with its rules and procedures; provided, however, that the portion of any 2017 Bond to be redeemed shall be in principal amount of$5,000 or integral multiples thereof and that, in selecting 2017 Bonds for redemption, each 2017 Bond shall be considered as representing that number of 2017 Bonds which is obtained by dividing the principal amount of such 2017 Bond by $5,000. Whenever the County elects to redeem 2017 Bonds, notice of such redemption of 2017 Bonds, stating the redemption date. redemption price and any conditions to the redemption and identifying the 2017 Bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there shall become due and payable on each 2017 Bond or portion thereof so to be redeemed, the principal thereof, and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue, shall be given not less than 30 days nor more than 60 days before the redemption date in writing to DTC or its nominee as the registered owner of the 2017 Bonds, by prepaid certified or registered United States mail (or by such other means as permitted by DTC's rules and procedures), at the address provided to the County by DTC. but any failure or defect in respect of such mailing will not affect the validity of the redemption. If DTC is not the registered owner of the 2017 Bonds,the County will give notice at the time set forth above by prepaid first class United States mail, to the then-registered owners of the 2017 Bonds or portions thereof to be redeemed at the last address shown on the registration books kept by the County. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of North Carolina to exist, be performed or happen precedent to or in the issuance of this 2017 Bond, exist, have been performed and have happened, and that the amount of this 2017 Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by said Constitution or statutes. The faith and credit of the County are hereby pledged to the punctual payment of the principal of and interest on this 2017 Bond in accordance with its terms. This 2017 Bond shall not be valid or become obligatory for any purpose until the certification hereon shall have been signed by an authorized representative of the Local Government Commission. A-2 PPAB 3630180v3 IN WITNESS WHEREOF, the County has caused this bond to bear the original or facsimile of the signatures of the Chairman of the Board of Commissioners of the County and the Clerk to the Board of Commissioners of the County and an original or facsimile of the seal of the County to be imprinted hereon •- i be dated as of the Dated Date above. i :mgy ;* t� i . leiCri_4(u2)4,4 , the and of Commissioners Date of Execution: Apr; 1 )7 , 2017 The issue hereof has been approved under the provisions of The Local Government Bond Act. Secretary of the Local Government Commission A-3 PPAB 3630180v3 FORM OF ASSIGNMENT ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please print or typewrite Name and Address, including Zip Code, and Federal Taxpayer Identification or Social Security Number of Assignee) the within 2017 Bond and all rights thereunder, and hereby irrevocably constitutes and appoints Attorney to register the transfer of the within 2017 Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature guaranteed by: NOTICE: Signature must be guaranteed by a NOTICE: The signature to this assignment must Participant in the Securities Transfer Agent correspond with the name as it appears on the face Medallion Program (`Stamp") or similar of the within 2017 Bond in every particular, program. without alteration, enlargement or any change whatever. TRANSFER FEE MAY BE REQUIRED A-4 PPAB 3630I80v3 STATE OF NORTH CAROLINA ) ) ss: COUNTY OF HARNE1T ) 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 OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT NORTH CAROLINA PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS,SERIES 2017" adopted by the Board of Commissioners of the County of Harnett, North Carolina in regular session convened on the 17th day of April, 2017. WITNESS my hand and the seal of the County of Harnett,North Carolina,this )7day of April, 2017 b--tomsirs,issio, vel/ /// Y:13 * arg t Regina : ler, '(' * : t Clerlc�o the Board N. Commissioners '`" Cou 'of Harnett,North Carolina PPAB 3630180v3