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26 <br /> <br />Board of Commissioners on February 5, 1996 stating that the Board would hold a <br />public hearing on February 19, 1996 on the proposed revenue bond issue and the <br />Project (the "Notice"). <br /> <br /> Commissioner Fennel moved that the Board ratify the publication of the <br />Notice and designate this meeting as a public hearing on the revenue bond issue <br />and the Project. The motion was seconded by Commissioner Ntblock and was <br />unanimously adopted. <br /> <br /> At 6:38 o'clock, P.M., Chairman Barnhart announced that the Board would <br />hear anyone who wished to be heard on the advisability of issuing the revenue <br />bonds and the Project. <br /> <br /> Mr. Hartsell, acting as a representative of the Company, gave a brief <br />description of the proposed Project. The presiding officer then recognized such <br />persons, if any, who appeared either in person or by attorney, to be heard on the <br />question of the advisability of the proposed Project or the issuance of said <br />bonds. The Clerk of the Board of Commissioners reported that no written comment <br />about the proposed Project or the related bond issue had been received. The <br />names and addresses of the persons who were present and summaries of their <br />comments are as follows: (None) <br /> <br /> After the Board had heard all persons who requested to be heard, <br />Commissioner Fennel moved that the public hearing be closed. The motion was <br />seconded by Commissioner Ntblock and was unanimously adopted. <br /> <br /> Mr. Hartsell stated that under the Internal Revenue Code of 1986, as <br />amended, the Board must approve the issuance of the Authority's qualified small <br />issue industrial revenue bonds if the interest thereon is not to be includable <br />in the gross income of the owners thereof for purposes of federal income <br />taxation. <br /> <br />loud: <br /> <br />Chairman Barnhart introduced the following resolution which was read out <br /> Resolution No. N/A <br /> <br />RESOLUTION APPROVING THE ISSUANCE BY THE CABARRUS COUNTY INDUSTRIAL <br />FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY OF NOT <br />EXCEEDING $9,000,000 AGGREGATE PRINCIPAL AMOUNT OF ITS QUALIFIED <br />SMALL ISSUE INDUSTRIAL REVENUE BONDS TO FINANCE AN INDUSTRIAL AND <br />MANUFACTURING PROJECT. IN CABARRUS COUNTY, NORTH CAROLINA FOR S&D <br />COFFEE, INC. AND APPROVING SUCH PROJECT IN PRINCIPLE. <br /> <br /> WHEREAS, the Board of Commissioners for the County of Cabarrus <br />has created a political subdivision and body corporate and politic <br />of the State of North Carolina known as "The Cabarrus County <br />Industrial Facilities and Pollution Control Financing Authority" <br />(the "Authority"); and <br /> WHEREAS, the Authority is authorized under the Industrial and <br />Pollution Control Facilities Financing Act, Chapter 159C of the <br />General Statutes of North Carolina, as amended (the "Act"), to issue <br />industrial revenue bonds for the purpose, among others, of paying <br />all or any part of the cost of any industrial or pollution control <br />project for industry; to acquire, construct, improve and equip any <br />such project; and to make and execute financing agreements, security <br />documents and other contracts and instruments necessary or conven- <br />ient in the exercise of such powers; and <br /> WHEREAS, the Authority has determined to issue not exceeding <br />$9,000,000 aggregate principal amount of its qualified small issue <br />industrial revenue bonds to pay all or a portion of the costs of the <br />expansion of the Company's existing beverage manufacturing facility <br />through the construction of an approximately 103,000 square foot <br />addition to the Company's existing building, including the <br />acquisition and installation therein of machinery and equipment for <br />the manufacture of beverages (the "Project") to be located at 300 <br />U.S. Highway 29 South, Concord, in Cabarrus County, to be owned and <br />operated by S&D Coffee, Inc., a North Carolina corporation, the <br />interest on said bonds to be excludable from gross income of the <br />owners thereof for purposes of federal income taxation by virtue of <br /> <br /> <br />