2016/09/06 FLATWOODS FIRE ASSETS TO TRANSFER TO TOWN OF LILLINGTON ASSETS Harnett
car COUNTY
• NORTH CAROLINA
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A RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS
TO ACCEPT ASSETS FROM THE FLATWOODS COMMUNITY FIRE
DEPARTMENT, INC'S DISSOLUTION AND TO TRANSFER SAID ASSETS
TO THE TOWN OF LILLINGTON
THAT WHEREAS. the Flatwoods Community Fire Department, Inc., a N.C. Non-Profit
Corporation (hereinafter "Flatwoods Fire Dept."). has previously contracted with the County of
Hamett, (hereinafter "Harnett County") to provide and maintain fire protection services, facilities,
and functions in the Flatwoods Fire Service District pursuant to authority granted in N.C. General
Statutes §153A-300, et. seq.: and
WHEREAS, Harnett County did not renew the contract with Flatwoods Fire Dept. to
provide fire protection in the Flatwoods Fire Service District and instead contracted with the Town
of Lillington to provide fire protection in the Flatwoods Fire Service District commencing July 1.
2013; and
WHEREAS, Flatwoods Fire Dept. on June 28, 2013 entered into a personal property lease
agreement with the Town of Lillington for the use of all personal property owned by Flatwoods
Fire Dept. so that it could use the Flatwoods Fire Dept.'s assets to offer fire protection services to
the residents of the Flatwoods Fire Service District; and
WHEREAS; Flatwoods Fire Dept. on June 28, 2013 entered into a real property lease
agreement with the Town of Lillington for the use of all real property owned by Flatwoods Fire
Dept. so that it could use the Flatwoods Fire Dept.'s assets to offer fire protection services to the
residents of the Flatwoods Fire Service District: and
WHEREAS. Flatwoods Fire Dept. on October 22, 2013 held a duly noticed public hearing
for the purpose of dissolving the Flatwoods Fire Dept. Discussion was admitted and closed with
a unanimous vote of the members to dissolve the Flatwoods Fire Dept. subject to N.C. General
Statutes §55A-14-03; that the dissolution plan included transferring the corporate assets to Harnett
County; and
WHEREAS, Harnett County on October 5, 2015 agreed to act as the transferee pursuant to
an Asset Transfer Agreement proposed by the Flatwoods Fire Dept.as part of its dissolution plan:
that subsequent thereto Harnett County was advised by the Flatwoods Fire Dept. that its execution
and closing of the proposed Asset Transfer Agreement would be delayed until such time that the
corporate dissolution and transfer of assets plan of the Flatwoods Fire Dept. was reviewed and
approved by the N.C. Attorney General's office pursuant to Chapter 55A of the N.C. General
Statutes; that the Flatwood Fire Dept.'s plan of dissolution with the transfer of assets to Harnett
County was approved by the N.C. Attorney General's office on January 4, 2016; and
strong roots • new growth
WHEREAS. the parties are now in a position to close the transfer of assets transaction;
that due to the previous delays in closing, the officers of the Flatwoods Fire Dept. have requested
that simultaneous to the closing of the transfer of assets to Harnett County that the County
transfer said assets to the Town of Lillington; that the Harnett County Manager and the County
Board of Commissioners have reviewed and considered this request and they have come to the
conclusion that the citizens who own property and/or reside in the Flatwoods Fire Service
District and the citizens of Harnett County would be best served with the simultaneous transfer
of dissolution assets to the Town of Lillington which will use said assets in providing fire
protection services to the residents of the Flatwood Fire Service District. That the transfer of
assets by Harnett County to the Town of Lillington is authorized by N.C. General Statutes
§160A-274.
NOW THEREFORE. BE IT RESOLVED that the Harnett County Board of
Commissioners does hereby approve the transfer to the Town of Lillington of all assets, rights,
and responsibilities that it may receive as the transferee pursuant to any Asset Transfer
Agreement entered into with the Flatwoods Fire Dept. as part of its corporate plan of dissolution;
FURTHERMORE. the Board of Commissioners directs the County staff and County
attorney to work with the appropriate parties in simultaneously closing the asset transfer
transaction with both the Flatwoods Fire Dept. and the Town of Lillington, and the County
Board Chairman or the County Manager are hereby authorized to execute those closing
documents needed to effectuate said transfer.
Duly adopted this the 6i°day of September, 2016 by a vote of .5 ayes
and 0 nays.
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