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HomeMy WebLinkAbout2024-10 RESOLUTION OF THE COUNTY OF HARNETT DECLARING ITS INTENT OF THE COUNTY TO ISSUE LIMITED OBLIGATION BONDS TO FINANCE FLATWOODSEXTRACTS 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 April 1, 2024, at 9:00 a.m. in the County Commissioners' Meeting Room, Harnett County RCL Building, 455 McKinney Parkway, Lillington, North Carolina, William Morris, Chairman of the Board, presiding and the following Commissioners present: The following members were absent: Commissioner Lewis W. Weatherspoon and Commissioner Matt Nicol. Also present: Chairman William Morris, Vice Chairman W. Brooks Matthews and Commissioner Barbara McKoy RESOLUTION NO. 2024-10 Commissioner McKoy moved that the following resolution (the "Resolution"), a copy of which was available with the Board and which was read by title: RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO ISSUE APPROXIMATELY $78,000,000 LIMITED OBLIGATION SCHOOL BONDS TO FINANCE FLATWOODS MIDDLE SCHOOL, AS REQUESTED BY THE BOARD OF EDUCATION OF HARNETT COUNTY, AND TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE ACQUISITION AND CONSTRUCTION OF FLATWOODS MIDDLE SCHOOL FROM THE PROCEEDS OF SUCH LIMITED OBLIGATION SCHOOL BONDS EXPECTED TO BE ISSUED IN CALENDAR YEAR 2025. WHEREAS, the Board of Education of the County of Harnett (the "Board of Education ") has requested that the Board of Commissioners (the "Board") of the County of Harnett, North Carolina (the "County") issue approximately $78,000,000 of tax-exempt limited obligation school bonds (the "Bonds ") in order to finance the acquisition and construction of Flatwoods Middle School (the "Project"); and WHEREAS, the County intends to proceed with the Project and expects to incur and pay certain expenditures in connection with the Project prior to the date of issuance of the Bonds (the "Original Expenditures"), such Original Expenditures to be paid for originally from a source other than the proceeds of the Bonds, and the County intends, and reasonably expects, to be reimbursed for such Original Expenditures from a portion of the proceeds of the Bonds to be issued at a date occurring after the dates of such Original Expenditures; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett, North Carolina as follows: PPAB 3139930v1 Section 1. Official Declaration of Intent. The County presently intends, and reasonably expects, to reimburse itself for the Original Expenditures incurred and paid by the County on or after the date occurring 60 days prior to the date of adoption of this Resolution from a portion of the proceeds of the Bonds. The County reasonably expects to issue the Bonds in the calendar year ending December 31, 2025, and the maximum principal amount of Bonds reasonably expected to be issued by the County to pay for all or a portion of the costs of the Project, which amount is subject to change, is expected to be approximately $78,000,000. Section 2. Compliance with Regulations. The County adopts this Resolution as a declaration of official intent under Section 1.150-2 of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1986, as amended, to evidence the County's intent to reimburse itself for the Original Expenditures from proceeds of the Bonds. Section 3. Itemization of Capital Expenditures. The Finance Officer of the County, with advice from special counsel, is hereby authorized, directed and designated to act on behalf of the County in determining and itemizing all of the Original Expenditures incurred and paid by the County in connection with the Project during the period commencing on the date occurring 60 days prior to the date of adoption of this Resolution and ending on the date of issuance of the Bonds. Section 4. Effective Date. This Resolution is effective immediately on the date of its adoption. On motion of Commissioner McKoy , seconded by Vice Chairman Matthews , the foregoing resolution entitled "RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO ISSUE APPROXIMATELY $78,000,000 LIMITED OBLIGATION SCHOOL BONDS TO FINANCE FLATWOODS MIDDLE SCHOOL, AS REQUESTED BY THE BOARD OF EDUCATION OF HARNETT COUNTY, AND TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE ACQUISITION AND CONSTRUCTION OF FLATWOODS MIDDLE SCHOOL FROM THE PROCEEDS OF SUCH LIMITED OBLIGATION SCHOOL BONDS EXPECTED TO BE ISSUED IN CALENDAR YEAR 2025." was duly adopted by the following vote: AYES: Chairman William Morris, Vice Chairman W. Brooks Matthews and Commissioner Barbara McKoy NAYS: N/A PPAB 3139930v1 STATE OF NORTH CAROLINA ss: COUNTY OF HARNETT I, MELISSA D. CAPPS, 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 COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO ISSUE APPROXIMATELY $78,000,000 LIMITED OBLIGATION SCHOOL BONDS TO FINANCE FLATWOODS MIDDLE SCHOOL, AS REQUESTED BY THE BOARD OF EDUCATION OF HARNETT COUNTY, AND TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE ACQUISITION AND CONSTRUCTION OF FLATWOODS MIDDLE SCHOOL FROM THE PROCEEDS OF SUCH LIMITED OBLIGATION SCHOOL BONDS EXPECTED TO BE ISSUED IN CALENDAR YEAR 2025" adopted by the Board of Commissioners of the County of Harnett, North Carolina, at a meeting held on the I' day of April, 2024. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the I' day of April, 2024. MELI A D. CAPPS Clerk to the Board County of Harnett, North Carolina PPAB 3139930v1