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June 17, 2013 (Regular Meeting) Page 1588 <br />Powers Agreement Relating to the Public Finance Authority, dated as of <br />September 28, 2010 (the "Joint Exercise Agreement ") and <br />Section 66.0304(11)(a) of the Wisconsin Statutes; <br />WHEREAS, on May 29, 2013, a notice of public hearing was published in <br />The Independent Tribune, setting forth a general, functional description of <br />the type and use of the facilities to be financed and refinanced, the maximum <br />principal amount of the Bonds, the initial owner, operator or manager of the <br />facilities and the location of the facilities, among other things; <br />WHEREAS, the names, address and testimony of the persons who were <br />present and who offered comments on the proposed issuance of the. Bonds or who <br />responded in writing to the notice of public hearing are as follows: None <br />WHEREAS, the Chairman of the Board inquired elsewhere in and around the <br />meeting room to determine whether there were any other persons who wished to <br />speak at the public hearing and the Chairman of the Board determined that no <br />other persons who wished to speak at the public hearing were found; and <br />WHEREAS, the purpose of the above - described public hearing and this <br />resolution is to satisfy the public approval requirement of Section 147(f) of <br />the Internal Revenue Code of 1986, as amended (the "Code "), in order to <br />qualify the interest on the Bonds for exclusion from the gross income of the <br />owners thereof for federal income tax purposes pursuant to the applicable <br />provisions of the Code; <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR THE <br />COUNTY OF CABARRUS, NORTH CAROLINA: <br />Section 1. For the sole purpose of qualifying the interest on the <br />Bonds for exclusion from the gross income of the owners thereof for federal <br />income tax purposes pursuant to the applicable provisions of the Code, the <br />Board hereby approves the issuance of the Bonds by the Authority for the <br />purpose of providing funds to finance and refinance the Project, provided <br />that in no event shall Cabarrus County, the State of North Carolina or any <br />political subdivision thereof be liable for such Bonds nor shall the Bonds <br />constitute a debt of Cabarrus County, the State of North Carolina or any <br />political subdivision thereof. It is the purpose and intent of the Board <br />that this resolution constitute approval of the issuance of the Bonds by the <br />applicable elected representative of the Project Jurisdiction, which is the <br />governmental unit having jurisdiction over the area in which the Project is <br />located, in accordance with Section 147(f) of the Code and Section <br />66.0304(11(a) of the Wisconsin Statutes and Section 4 of the Joint Exercise <br />Agreement. <br />Section 2. This resolution shall take effect immediately upon its <br />passage. <br />Adopted this the 17 day of June, 2013. <br />/s/ Elizabeth F. Poole <br />Elizabeth F. Poole, Chairman <br />Cabarrus County Board of Commissioners <br />Attest: <br />/s/ Megan I.E. Smit <br />Megan I.E. Smit, Clerk to the Board <br />(G -2) Emergency Management - Adoption of Ordinance Amending Chapter 34, Fire <br />Prevention and Protection of the Cabarrus County Code of Ordinances - Public <br />Kearing 6:30 P.M. <br />Steve Langer, Fire Marshal, requested the Board to hold a public <br />hearing on the fire tax district boundary changes to the Cold Water, Concord <br />Rural and Rimer fire districts. As requested by the Board, he reported <br />letters were sent to affected property owners explaining the impact of the <br />changes. He also stated maps have been on display for the public in the <br />Clerk's office as well as the Fire Marshal's office. <br />Chairman Poole opened the public hearing at 7:12 p.m. The Public <br />Hearing Notice was published on May 22 and June 2, 2013 in The Independent <br />Tribune. The Public Hearing Notice was also posted on the County's website <br />( www.cabarruscounty.us ) on May 22, 2013 in accordance with Article 2, <br />Administration, Section 2.1 (Use of Electronic Means to Provide Public <br />Notices) of the Cabarrus County Code of Ordinances. <br />