2017/05/15 RESOLUTION AUTHORIZING & APPROVING THE DELIVERY OF AN INSTALLMENT FINANCING AGREEMENT BY BENHAVEN EMERGENCY SERVICES AND TAX EXEMPT LOAN EXTRACT 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 May 15, 2017(the"Meeting"),
after proper notice, and was called to order by Chairman Gordon Springle, and upon the roll being called,
the following members of the Board answered present:
Gordon Springle, Chairman
Joe Miller, Vice-Chairman
Abe Elmore, Commissioner
Barbara McKoy, Commissioner
Howard Penny, Commissioner
The following members of the Board were absent: NA
Also present: Joseph Jeffries, County Manager
Paula Stewart, Deputy County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
: . s
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 Benhaven Emergency Services,
Inc. ("BES') to approve an installment financing agreement between PNC Bank and BES (the
"Agreement'). BES will use the proceeds of the Agreement to finance a fire truck 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 financing of a fire truck and the execution and delivery
of the Agreement had been published on May 4. 2017 in The Daily Record.
Chairman Springle declared the public hearing on the Equipment and the execution and delivery
of the Agreement to be open.
At approximately 7:30 p.m., the Chairman announced that the Board would hear anyone who
wished to be heard on the advisability of the financing of a fire truck and the proposed execution and
delivery of the Agreement, and that a representative of BES was available and prepared to discuss the
details concerning such matters. No one spoke. Seeing no one move, 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 BENHAVEN EMERGENCY SERVICES, INC. AND THE TAX-
EXEMPT LOAN RELATED THERETO
WHEREAS, Benhaven Emergency Services, Inc. (the "BES) and the County of Harnett, North
Carolina(the"County")have heretofore entered into an agreement on July 1,2015 whereby BES has agreed
to provide the County fire protection services; and
1
WHEREAS, BES wishes to finance a fire truck and, if applicable, to pay certain expenses incurred
in connection with the delivery of the Agreement(as defined below); and
WHEREAS, BES and PNC Bank intend to enter into an installment financing agreement (the
"Agreement') whereby PNC Bank will advance to BES funds for the financing of a fire truck 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 I50(e)(3) and 147(f) of the Code, by the governmental unit having jurisdiction over the area in
which the EFRS 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 BES 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 financing of a fire truck 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 a fire
truck 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 a fire truck;
NOW THEREFORE, BE IT RESOLVED by the Board as follows:
1. The Board has held the public hearing and taken the actions set forth herein in order to
satisfy Sections 150(e)(3)and I47(f)of the Code.
2. The delivery of the Agreement in an aggregate principal amount not exceeding $310,000
to finance a fire truck 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 BES and PNC Bank.
4. 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.
5. This resolution is effective on its adoption.
PPAB 2826527vI
STATE OF NORTH CAROLINA
SS:
COUNTY OF HARNETT
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 AUTHORIZING AND APPROVING THE DELIVERY OF AN INSTALLMENT FINANCING
AGREEMENT BY BENHAVEN EMERGENCY SERVICES, INC. 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 May. 2017.
WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 15`"
day of May, 2017. /
a 4 • L�
Mar ret Regina W eeler
m Cler o the Board f Commissioners
L * *`.
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