2022-14 RESOLUTION AUTHORIZING AND APPROVING THE ISSUANCE BY NORTHWEST HARNETT VOLUNTEER FIRE DEPARTMENT OF CERTAIN TAX-EXEMPT OBLIGATIONSEXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS
The Board of Commissioners for the County of Harnett, North Carolina (the "County")
held a regular meeting in the Board of Commissioners Meeting Room on the second floor of the
Harnett County Resource Center and Library, 455 McKinney Parkway, Lillington, North
Carolina 27546, the regular place of meeting, at 9:00 a.m. on June 6, 2022. The following
Commissioners were:
Present: Chairman Lewis Weatherspoon; Vice Chairman Matt Nicol; Commissioner
Barbara McKoy; Commissioner Mark Johnson; and Commissioner Brooks Matthews
Absent:
The Chairman of the Board of Commissioners (the "Board of Commissioners") for the
County of Harnett, North Carolina (the "County") stated that the Board of Commissioners has
been requested by Northwest Harnett Volunteer Fire Department ("NHVFD") to approve its
issuance of "qualified volunteer fine department" obligations under the Internal Revenue Code of
1986, as amended (the "Code") in order to finance the costs of the purchase of a new fire truck
and a new Station #3 to be located at 8300 US 401 N, Fuquay-Varina, North Carolina
(collectively, the "Project"). The Chairman then stated that a notice of public hearing by the
Board of Commissioners regarding the Project and the proposed issue to finance the Project had
been published on the County's website on May 25, 2022.
Chairman Weatherspoon declared the public hearing open on the Project and the
proposed issue to finance the Project.
At approximately 9:34 a.m., the Chairman announced that the Board of Commissioners
would hear anyone who wished to be heard on the advisability of the Project and the proposed
issue to finance the Project, and that a representative of NHVFD (or other personnel familiar
with the Project) was available and prepared to discuss the details concerning the Project.
The names and addresses of the persons who were present, summaries of their oral
comments and copies of their written comments are as follows:
1. Richard Chapman, 5220 Christian Light Road, Fuquay Varina, NC, spoke in favor of
the proposal.
2. Chris Prince, Chief, 6015 Christian Light Road, Fuquay Varina, NC shared
information regarding the project.
After the Board of Commissioners had heard all persons who requested to be heard, the
Chairman declared the public hearing closed.
Commissioner Matthews then introduced the following resolution, the title of which was
read and copies of which had been previously distributed to each Commissioner:
PPAB 75278M
RESOLUTION NO. 2022-14
RESOLUTION AUTHORIZING AND APPROVING THE ISSUANCE BY
NORTHWEST HARNETT VOLUNTEER FIRE DEPARTMENT OF
CERTAIN TAX-EXEMPT OBLIGATIONS
WHEREAS, Northwest Harnett Volunteer Fire Department (the "NHVFD") and the
County of Harnett, North Carolina (the "County") have heretofore entered into an agreement on
August 1, 2019 whereby NHVFD has agreed to provide the County fire protection services; and
WHEREAS, NHVFD wishes to finance the costs of a new fire truck and a new Station #3
to be located at 8300 US 401 N, Fuquay-Varina, North Carolina (collectively, the "Project") and,
if applicable, to pay certain expenses incurred in connection with the delivery of the Agreement
(as defined below); and
WHEREAS, NHVFD and First Bank intend to enter into an installment financing
agreement (the "Agreement") whereby First Bank will advance to NHVFD funds for the
construction of the Project 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 Code, the issuance by a "qualified volunteer fire
department" (within the meaning of the Code) of obligations to finance the acquisition,
construction, reconstruction, or improvement of a firehouse (including land which is functionally
related and subordinate thereto) must be approved, after a public hearing required by Sections
150(e)(3) and 147(f) of the Code (collectively, the "Federal Tax Regulations", by the
governmental unit having jurisdiction over the area in which the Project is located;
WHEREAS, the Board of Commissioners, pursuant to public notice duly given, has held
such public hearing in accordance with the Federal Tax Regulations regarding the proposed
transactions of NHVFD contemplated by this Resolution and has considered the comments of all
persons who requested to be heard; and
WHEREAS, the NHVFD has requested that the Board of Commissioners approve
NHVFD's proposed issue in order to satisfy the requirements of the Federal Tax Regulations;
NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners as follows:
1. The Board of Commissioners has held the public hearing and taken the actions set
forth herein in accordance with and in order to satisfy the requirements of the Federal Tax
Regulations in connection with the Project.
2. The Board of Commissioners hereby approves the issuance by NHVFD of its
"qualified volunteer fire department" obligations in accordance with and in order to satisfy the
requirements of the Federal Tax Regulations in a maximum stated principal amount not
exceeding $4,300,000 in connection with the Project.
3. The issuance by NHVFD of its "qualified volunteer fire department" obligations
does not constitute, directly or indirectly, or contingently obligate or otherwise constitute an
PPAB 7527889v
obligation of or a charge against the credit of the County in any way. The County has no legal
responsibility for the payment of the principal of or interest on the "qualified volunteer fire
department" obligations or for any costs incurred by the NHVFD in connection with the Project.
4. The Clerk to the Board of Commissioners is hereby authorized and directed to
provide a certified copy of this resolution to NHVFD and First Bank.
5. This resolution takes effect upon its adoption.
Vice Chairman Nicol seconded the motion and the motion was adopted by the following vote:
AYES: Chairman Lewis Weatherspoon; Vice Chairman Matt Nicol; Commissioner
Barbara McKoy; Commissioner Mark Johnson; and Commissioner Brooks Matthews
NAYS:
PPAB 7527889v
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
I, Melissa Capps, Clerk to the Board of Commissioners of the County of Harnett, DO
HEREBY CERTIFY as follows:
1. A meeting of the Board of Commissioners of the County of Harnett, located in the
State of North Carolina, was duly held June 6, 2022, such meeting having been noticed, held and
conducted in accordance with all requirements of law (including open meetings requirements),
and minutes of that meeting have been or will be duly recorded in the Minute Book kept by me
in accordance with law for the purpose of recording the minutes of the Board of Commissioners.
2. The attached extract accurately reflects the actions taken by the Board of
Commissioners with respect to the matters therein.
3. The attached extract correctly states the time when the meeting was convened and
the place where the meeting was held and the members of the Board of Commissioners who
attended the meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the
seal of the County of Harnett as of June 6, 2022.
(SEAL)
1 n ".,. r-tv� 7
Clerl o the Board ofr ommissioners
0
PPAB 7527889vl