2015/06/15 RESOLUTION AUTHORIZING AND APPROVING THE DELIVERY OA N INSTALLMENT FINANCING AGREEMENT BY COATS GROVE FIRE & RESCUE INC AND THE TAX EXEMPT LOAN RELATED THERETOEXTRACT 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 June 15, 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
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
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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 Coats Grove Fire & Rescue, Inc.
("CGFR") to approve an installment financing agreement between First -Citizens Bank & Trust Company
and CGFR (the "Agreement"). CGFR will use the proceeds of the Agreement to finance the acquisition
of a fire truck and certain related equipment (the "Equipment") 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 Equipment and the execution and delivery of the Agreement
had been published on June 3, 2015 in The Daily Record.
Chairman Burgin declared the public hearing on the Equipment and the execution and delivery of
the Agreement to be open.
At approximately 7:25 p.m., the Chairman announced that the Board would hear anyone who
wished to be heard on the advisability of the financing of the Equipment and the proposed execution and
delivery of the Agreement, and that a representative of CGFR was available and prepared to discuss the
details concerning such matters. No one spoke.
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 COATS GROVE FIRE & RESCUE, INC. AND THE TAX-
EXEMPT LOAN RELATED THERETO
WHEREAS, Coats Grove Fire & Rescue, Inc. (the "CGFR") and the County of Harnett, North
Carolina (the "County") have heretofore entered into an agreement in March 1992 whereby CGFR has
agreed to provide the County fire protection services; and
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WHEREAS, CGFR wishes to finance the acquisition of a fire truck and certain related equipment
(the "Equipment") and, if applicable, to pay certain expenses incurred in connection with the delivery of
the Agreement (as defined below); and
WHEREAS, CGFR and First -Citizens Bank & Trust Company intend to enter into an installment
financing agreement (the "Agreement") whereby First -Citizens Bank & Trust Company will advance to
CGFR funds for the acquisition of the Equipment 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 CGFR 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 financial analysis of the Agreement
or the Equipment 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 finance the
Equipment 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 Equipment;
NOW THEREFORE, BE IT RESOLVED by the Board as follows:
I. 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 Equipment 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 CGFR and First -Citizens Bank & Trust Company.
4. THE AGREEMENT DOES NOT CONSTITUTE A DEBT OF THE STA'T'E 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 THF. COUNTY.
5. This resolution is effective on its adoption.
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STATE OF NOR'T'H CAROLINA
SS:
COUNTY OF HARNE'IT
I, Margare[ 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 COATS GROVE FIRE & RESCUE, WC. 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 15' day of June, 2015.
WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 151h
day of June, 2015.
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Margar t Regina W} ler
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