HomeMy WebLinkAboutAgenda - 12/11/2008 - 4lORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 11, 2008
Action Agenda
Item No. 4 - I
SUBJECT: Approval of Financing Arrangements for Volunteer Fire Departments to
Purchase Fire Trucks
DEPARTMENT: Budget, Emergency Services
ATTACHMENT (S):
Attachment 1. Cedar Grove Fire
Department Request Package
Attachment 2. Caldwell (Little River) Fire
Department Request Package
Attachment 3. Orange Rural Fire
Department Request Package
PUBLIC HEARING: (Y/N) No
INFORMATION CONTACT:
Donna Coffey, 245-2151
Frank Montes de Oca, 245-6140
PURPOSE: To approve, in accordance with Section 147 of the Internal Revenue Code of 1986,
requests from Cedar Grove, Caldwell (Little River), and Orange Rural Volunteer Fire
Departments to enter into financing arrangements to purchase fire trucks and authorize the
Board of Commissioner Chair to sign the appropriate documents related to the financing
arrangements.
BACKGROUND: As indicated to the Board in a similar agenda item on November 18, 2008,
Cedar Grove, Caldwell (Little River), and Orange Rural Volunteer Fire Departments, intend to
purchase replacement fire trucks. Letters from each of the fire company's presidents outlining
their department's intent to make these purchases are included in the attachments to this
agenda item. The new tankers will replace 20+ year old trucks. Each department went through
a competitive bid process. In all instances, US Tanker Fire Apparatus, Inc. of Burlington,
Wisconsin submitted the winning bid. The cost of the trucks ranges from $240,000 to $250,000.
Volunteer fire companies are required to obtain Board of County Commissioner approval of
such purchases only when they use tax-exempt debt financing to pay for purchase. Fire
departments are not mandated to obtain Board of County Commissioner approval when making
purchases that do not require debt financing.
Section 147 of the Internal Revenue Code of 1986 outlines specific steps that must occur when
a tax supported fire department enters into a financing arrangement. Each department has
completed the required steps to comply with Section 147.
2
Conduct a public hearing - Copies of the public hearing advertisements and
notes/minutes from each public hearing are included in the attachments to this agenda
item.
Obtain approval of the "applicable elected representatives" - In accordance with
Section 147, the Board of County Commissioners must approve the District's plan to
enter into the debt arrangement. This approval does not create liability on the part of
Orange County nor does it make the County responsible for the repayment of any
debt assumed by the fire district. The approval provides a mechanism for the
Commissioners to acknowledge that, through this financing arrangement, each Fire
Company is pledging use of the District's tax dollars to repay the loan. In order to comply
with this IRS requirement, the Chair of the Commissioners must sign the Fire Service
Agreements and Certificates of Approval for each district provided in the attachments of
this agenda item.
As indicated in the Board approved November 18, 2008 agenda item for a similar financing
arrangement for Orange Grove Volunteer Fire Company, the fire departments have
collaborated, over the last five months, in developing truck specifications. The collaborative
efforts have resulted in departments purchasing comparable trucks and equipment thereby
improving their efforts to provide mutual aid to neighboring departments. Representatives from
each district have made Orange County Emergency Services and Budget directors aware of
their purchase intentions.
FINANCIAL IMPACT: All departments plan to finance some or all of the cost of the trucks.
Department Board members are currently negotiating terms of the financing arrangements.
None of the departments anticipate the purchases to cause an increase in their current tax rate.
RECOMMENDATION (S): The Manager recommends the Board of County Commissioners:
1. Approve Cedar Grove, Little River, and Orange Rural Volunteer Fire Companies. entering
into a financing arrangements to purchase replacement fire trucks;
2. Appropriate $20,000 from the Caldwell (Little River) Fire Department's County-held
unappropriated fund balance;
3. Authorize the Board of Commissioner Chair to sign the appropriate documents related to
the financing arrangement.
Cedar Grove Fire Department
720 Hawkins Rd.
Cedar Grove, NC. 27231
(919) 732-9585
Donna Coffey
Budget Director
Orange County
Dear Donna,
November 10, 2008
Enclosed are the appropriate documents as requested for the Board's agenda.
Cedar Grove Fire Department Inc. wishes to purchase from US Tanker Fire Apparatus,
Inc. a 2000 gallon tanker to replace a 19791250 gallon tanker. Cost of the unit not to
exceed $240.000.00. This replacement has been in our budget document for the past
several years and is a long planned upgrade. The unit that we are replacing has become a
maintenance problem due to its age and the inability to locate parts for repair at times.
This unit will be closely matching the unites that Orange Grove, Caldwell, and Orange
Rural are purchasing. It will increase our initial response water supply by 37% (1250ga1.
to 2000ga1.) for this tanker. This will also increase firefighter safety by having more
water available initially. It will also help our mutual aid department by having more
water available.
This purchase does not and will not necessitate a tax increase on our district tax, due to
the fact that we will be paying off our 30 year note this budget year from where we
formed in 1977.
Please let me know if I need to attend the board meeting. or provide more information.
Sincerely,
Chad Woods
President, Cedar Grove Fire Department, Inc.
4
Oct. 23, 2008
Cedar Grove Fire Department. -nc.
720 Hawkins Rd Cedar Grove, NC 27231
Public Notice Meeting
Oct. 23, 2008
Attending: 21 property owners in CGFD fire district
Call to Order. Chad 1Noods, President of CGFD Board of Directors @ 7:30 PM
Public meeting to discuss the purchase of a new Tanker.
Discussion:
1. Discussion on financing the truck with a goal to pay it off in 5 years.
2. Advised that we would have to pay for the chassis when US Tanker
receives it at their plant. This will help lower the cost of the truck.
3. Advised attendees that we need #o have the truck ordered before the
end of the year to beat a major price increase. This increase will not
only be an increase for the chassis but also the new NFPA standards
that will take effect Jan. 1, 2009. We have been advised that this
increase will be $15,000 min.
All present were in favor, none apposed.
Adjourned at 8:00 PM
~~~~
Chad Woods
President Board of Directors
Cedar Grove Fire Department, Inc.
r merit, may declare the sale to Markfield, late of 25-05 An-
lART be void and return the deposit. tigua Terrace, # B3 Coconut
;wart The purchaser will have no Creek, Florida 33066, own-
older further remedy. ing real estate in the County
202 Additional Notice Where the of Orange, North Carolina,
7516 Real Property is Residential the undersigned does hereby
0386 With Less Than 15 Rental notify alt persons, firms and
6872 Un' s• corporations having claims
An order for possession of against the estate•of said de-
. the property may, be issued cedent to exhibit them to the
pursuant to G.S. 45-21.29 in 'undersigned at 222 Sand
favor of the purchaser and Piper Drive, Poincina, Florida
against the party or parties 34759, on or before the 13th
in possession by the clerk of day of January, 2008, or this
superior court of the county Nonce will be pleaded in bar
ITE in which the properly is sold. of their recovery. ~ All persons,
Any person who occupies.the firms and corporations indebt
. OF property pursuant to a rental ed to said estate will please
agreement entered into or make immediate payment to
ZTUE-. ..renewed on,.9r ,a@ec~October .the undersigned>...:, .
hority 1, 2007, may,• after recei~ring.^'^ Affiis~'the•fith•day o_f October
Deed the notice of sale, terminate 2008: .` '.
~ered the rental agreement upon DAVID MARKFIELD
and 10 days' written notice to the ESTATE OF MORRIS
sated landlord. Upon termination of MARKFIELD
xded a rental agreement, the tenant October 15, 22, 29; November
ter of is liable for rent due under the 5, 2008 .
North rental agreement prorated •
~uary to the effective date of the
99 at termination.
~e of Dated: October'1, 2008 Notice to Creditors
~f the Richard P. McNeely Having qualifies) as the Ad-
~reby Substitute Trustee ~ ministrator• of the Estate of
t and October 8, 15, 2008 JAMES E. BOUDWIN, late
and
ierein
nd of
~f the
by
nder-
e will
ction,
cash
31e at
ise, in
lina at
:tober
land,
vents
and
hapel
State
being
ed as
)TOR
ATED
SHIP,
~RTH
,EING
ARLY
OWS;
IN
SHIP,
~RTH
~EfNG
3 OF
OR
I THE
RVEY
JRTH
NOTICE
STATE OF NORTH
CAROLINA
.ORANGE COUNTY
Having qualified asAdminis-
trator ofthe Estate of Rebect:a
Ashworth Womble of Orange
County, North Carolina, this
is to notify all persons hav-
ing claims against the estate
of said Rebecca Ashworth
Womble to present them #o
the undersigned by January
15, 2009, or this notice will be
pleaded in bar of their recov-
ery. All persons indebted to
said estate please make im-
of 2111 Woodbury Lane,
Hillsborough, NC 27278, the
undersigned does hereby
notify all persons, firms and
corporations having claims
against the estate of said de-
cedent to exhibit them to the
undersigned in care of the at-
torney for the estate, IGm K
Steffan, Steffan 8~ Associates,
P.C., 400 Millstone Drive, Suite
200, Hillsborough, NC 27278,
on or-before the 12th day of
January, 2009, or this notice
will be pleaded in bar of their
recovery. All persons, firms
and corparanoras indebted
to the said estate will please
make immediate payment to
the undersigned.
FORECLOSURE SALE
• Date of Sale: October 28,
2008
Pueu b Nonce Time of Sale: 3:30 p.m.
Public Notice is hereby giv- Place of Sale: Orange County
en that the Cedar Grove Fire Courthouse
Department, Inc. will meet on Description of Property: See
October 23, 2008 at Station #2 Description Below
located on 720 Hawkins Road, Record Owners: Rodney.
Cedar Grove, NC 27231 at E. Clapp and EI'¢abeth M.
7:30 p.m., in a public hearing Clapp .
pursuant to the Requirements Address of Property: 209
of Section 147 (f) of the Inter- Rocky Lane, Hillsborough,
nal Revenue Code of 1986, as NC 27278
amended, on a proposal that Deed of Trust:
the Lessee enter into aLease- Book :2363 Page: 101
Purchase agreement and the Dated: September 5, 2001
"Code' in order to finance Grantors: Rodney E. Clapp.
the acquisition of equipment and Elizabeth M. Clapp
The equipment to be.financed Original Beneficiary: State
consists••of°a••Tariker and will: _„Employees' Credit Uniorr"- '
' ~be located at the fire house CONDITIONS OF SALE:
on Hawkins Road in Cedar Should the property . be
Grove, NC. To finance the cost purchased by a third party,
of such equipment and to pay that person must pay the tax of
the costs and expenses inci- Forty-five Cents (45¢) per One
dental tothefinancing,theLes- Hundred Dollars ($100.00)
see proposes to enter into the required by N.C.G.S. §7A-
Lease-Purchase agreement in 308(a)(1).
the maximum aggregate prin- BEING ALL OF LOTS 54-56
cipal amount of $240,000.00. SECTION 3 OF WILKERSON
The Lessee will be required to ACRES AS PER PLAT OF
pay all expenses of the oper- SURVEY RECORDED IN
anng, maintaining and insur- PLAT BOOK 24, PAGE 126
ing the Project and to pay all OF THE ORANGE COUNTY
taxes on the Equipment The REGISTRY TO WHICH PLAT
rental payment due pursuant REFERENCE IS HEREBY
to the Lease-Purchase agree- MADE FOR A ~ MOER
ment will be payable and se- PARTICULARDESCRIPTION
cured by a security interest OF THE SAME. PIN#9865-
lien of the Equipment above 859345
here mentioned. A person's This sale is made subject to
interest may appear. and be all unpaid taxes and superior
at said time and place or may liens or encumbrances of
file written comments with the record and assessments, if
department prior to the hear- any, against the said property,
ing set forth herein above, and any recorded leases. This
10/23/2008. By order of the sale is also subject to any
Cedar Grove Fire Department, applicablecountylandtransfer
Inc. tax, and the successful third
October 15, 2008 party bidder shall be required
to make payment for any such
county land transfer tax.
A cash deposit of 5% of
prob~aate
of tfr!? t
Date
Phi
N
OCtObE
IH
TAKE A MINUTE TO COMPARE, AND Y
COULD SAVE "8 $bQ0 A YEAR.
6
Fire Service Agreement
This agreement, dated this day of , 20 , by and
between Cedar Grove Fire Department Inc., a body corporate organized under
the Laws of the State of North Carolina, the ("Fire Department"), and Orange
County, a body politic, the ("Political Subdivision°).
WHEREAS, Fire Department is a not for profit organization duly authorized for
the purpose of providing firefighting services in an area within the jurisdiction of
the Political Subdivision; and,
WHEREAS, the parties wish to enter into an agreement setting forth the area and
duties of the Fire Department
NOW THEREFORE, the Fire Department and Political Subdivision do hereby
agree as follow:
1. Political Subdivision recognizes that Fire Department provides firefighting
servioes to the hereafter generally described area or areas:
2. The area in which Fire Department has primary firefighting responsibilities
(area of responsibility) is Cedar Grove Fire District.
3. Political Subdivision shall not be liable or responsible for the conduct and
activities of Fire Department
IN WITNESS WHEREOF, the parties have had this agreement executed by duly
authorized representatives thereof.
Cedar Grove Fire Department, Inc.
By ~~~ ~ ~ ~~-~~
Name ~ c~eX ~- j~~ar~(/~~
Title ~c~ ~~~-~~ 1 0~ a~'.,~~e~'_~1~,~4
Orange County
By
Name
Title
7
Certificate of Approval
Approval of Chief Elected Official of
Orange County
I,
chair of the Board of County
Commissioners of Orange County, pursuant to the Internal Revenue Code
of 1986, as amended (the code) hereby approve, authorize the entering into
by Cedar Grove Volunteer Fire Company a commercial loan in the amount
not to. exceed $240,000 to finance a fire Pumper truck to be located at 720
Hawkins Rd, Cedar Grove , NC.
Execution of this document in no way creates liability on the part'of
Orange County and Orange County is not responsible for the repayment of
any loan pursuant hereto.
By:
Title
Date
8
CALDWELL (LITTLE RIVER)FIRE DEPARTMENT
7020 GUESS ROAD
ROUGEMONT, NC 27572
December 1, 2008
Donna Coffey, Budget Director .
Orange County Budget Office
P.O. Box 8181
Hillsborough, NC 27278
Dear Donna:
It is the intent of the Caldwell (Little River) Fire Department to purchase a fire truck.
The truck is currently out on a bidding process that should not exceed $240,000.00. We
ran the public hearing notice last Wednesday, November 26~' and we have set the public
hearing for December 4, 2008. Once we have our public hearing, we will forward all
corresponding paperwork to your office on December 5, 2008.
We are also requesting Commissioners to appropriate $20,000 from our district's fund
balance. These monies will be used to offset the cost of the truck and reduce the amount
of the truck loan.
We thank you for your time and if you have any questions,. please contact me at 732-7333.
Sincerely,
~~
James Hamlin, President
their recov-
ie estate are
nediate pay-
:-named Ex-
-y of Novem-
unean Watts
state of Nick
Lomas Watts
:Willett, PA
Street, Suite
q•
27514
26; Decem-
:E
'H
TY
eel as Co-
he Estate of
I Loy of Or-
~rth Carolina,
persons hav-
st the estate
Crawford Lay
to the under-
ary 19, 2009,
II be pleaded
ovary. All per-
~ said estate
mediate~~ay-
'n r. nt
lay of Novem-
dine Loy' Little
Hollow, Road;,
dill, NC 27516
asei~`~tiy~"a' third party,
,..P..,,.,., .,.
"that"person must pay the tax of
Forty five Cents (45¢) per One
Hundred Dollars ($100.00)
required by N.C.G.S. §7A-
308(a)(1).
EXHIBIT "A'
BEING ail of. Tract C,
containing 21.594 acres,
more or less, as shown on
the survey performed by
S. D. Puckett 8t Associates,
Inc., dated October 2, 2000,
entiNed "The Property of
Sheryl A. Glass & John
R. Glass," as shown on .
the plat recorded at Plat
Book 86 Page.18Z, Orange
County Registry, to which
plat reference is hereby
made for a more particular
description.
LESS and EXCEPT:
PIN#_TAX MAP 1.24.:_
Being all of Lot #C, and
centaining 3.36 acres more
or less as per plat of survey
entitled "RECOMBINATION
- PROPERTY OF SUSAN
M. QUEST BY ENT Land
Surveys, Inc. dated Maroh
12, 2008 and recorded in Plat
Book 103, Page 136 of the
Orange County Registry to
which plat reference is hereby
made for a more particular
description of the same.
SUBSTIMING and
ADDING the following tract:
'PIN# TAX MAP 1.24..
Being ail., of Lot .#B1•, :and
or less as per prof of survey
entitled "RECOMBINA710N
- • PROPERTY OF SUSAN
M: QUEST by ENT.. Land
Surveys, inc. dated-March 12 _ .
.2008 and recorded trt PlatBook:,:
will be held open ten (10) days
for upset bids as required by
law.
Residential real property
with less than 15 rental units:
an order for possession of
the property may be issued
pursuant to G.S. 45-21.29 in
favor' of the purchaser and
against the party or parties
in possession by the dark of
superior court of the county
in which the property is sold.
Any person who occupies the
property pursuant to a rental
agreement entered into or
renewed on or after October
1, 2007, may, after receiving
notice of sale, terminate the
rental agreement upon 10
days' written notice to the
landlord. Upon termination of
a rental agreement, the tenant
is liable for rent due under the
rental agreement prorated
to the effective date of the
termination.
Dated: 9/29/08
Philip A. Glass, Substitute
Trustee
Nodell, Glass & Haskell,
L.L.P.
November 19, 26, 2008
NOTICE
STATE OF NORTH .
CAROLINA
ORANGE COUNTY
Having •cjual'fied as Ex-
ecutor•of-the Estate of Mable
P~l9f~IK+;Cyi'i~'6~1°'i51" l'3fange
County, North Carolina, this
is to notify all persons having
claims, against the estate of
said Mable Pamell.~;Gregory
ins. .
:27349 i
!fi; December
~ '
sings No 08
tee: Philip A.
..tNA
1T1( ,
REGLOSURE
.E
December 10,
00 p.m.
)range County
Property: See
t-arry~
'4112 '.
Chapel Hill, NC 27517-8834
November 26; December 3,
10,17, 2008
NOTICE
STATE OF NORTH
CAROLINA
ORANGE COUNTY
Having qualified as Admin-
istrator CTA of the Estate of
James Mfchaei Simmons Sr.
of Orange County, North Caro-
lina, this is to notrty all persons
having daims against the es-
tate of said James Michael
Simmons Sr. to present them
to the undersigned by Febru-
ary 26, 2009, or this notice
will be pleaded in bar of their
recovery. All persons indebted
to said estate please make im-
mediate payment.
This the 26th day of Novem-
ber, 2008.
Paddy A Simmons
1519 Palmers Grove
Church Rd.
Hlllsbosrough, NC 27278
November 26; December 3,
10,17, 2008 .
NOTICE '
All persons, firms and corpo-
rations having claims against
GEORGE M. SZCZECH, de-
ceased, of Orange County,
N.C., are hereby notified to
exhibit the same to the under-
signed on or before February
26,2009:`or this'trotice: wilt• be
pleaded in bar of recovery.
debtors of the decedent are
asked to make immediate pay-
ment
This the 26th day of Novem-
ber, 2008.. .
' JEANNETTE M.
' i=xecutriz, 6.431
~.. r~
7f . f ir~ i'~
.FRs ¢'!u~r '~~y., , ~(S ~."~
l r
,.
-tAT~f.r TA' I1t9rt1tT
., tw.l wG ,t v V RGYI l VIC~7 ;:
' AND:DEB~TORS OF (`.ATH~,:
` ° .ERINE L DERBY' ,
Ali . pierso~s,• firms an
corporations ~•hawngclaim
Public Notice
Public Notice is hereby
given that the Caldwell Fire
Department, Inc. will meet
on December 4, 2008 at the
Caldwell Fire Station located at
7020Guess Road, Rougemont,
N.C. 27572 at 7:00 p.m. In a
public hearing pursuant to the
Requirements of Section 147
(F) of the Internal Revenue
Code of 1986, as Amended,
on a proposal that the Lesee
enter into a Lease Purchase
agreement and the Code in
order to finance the acquisition
of Equipment. The Equipment
to be financed consists of a
Tanker and will be located at
the Fire Station at 7020 Guess
Road, Rougemont.
To finance the cost of suc
equipment and to pay the
costs and expenses inddentai
to the finandng, the Lessee
proposes to enter into a Lease
purchase agreement in the
maximum aggregate principal
amount of $240,000. The
Lessee will be required to pay
all expenses of the operating,
maintaining and insuring the
Project and to pay all taxes
on the Equipment. The rental
payment due pursuant to the
Lessee Purchase agreement
will be payable and secured
by a securely interest lienn of
the Equipment above here
mentioned. A person's interest
may appear and be at said time
and place or may file written
.~ci7m~b~iofs wit~tf~ At
...ya ws,al.: ~ r.t•• r. ,w
prior'to the fiearing`se forth
herein above, December 4,
2008. By order of the Caldwell
Fire Department.
November 26, 2008
~ . . NOTICE:, OF SUBSTITUTE
i~ TF~USTEE'S, SALE OF
~ ;- ,:.REAL • ESTATE
t1NDER.AND.13Y VIRTUE.
OF the ~~power._ and; .authority
r~ `~ntam~d in float certain Deed
ofTrus~;executed and delivered
'by" Tli`oinas `Diaks,• •dated• the
~• .~lith'day'of September,:2006,
' and` recorded in' the Offloe
d . of the Register of Deeds
for..Orange County, North
s. • Carolina, in Book 4135 at
~ Page 277 and because= of
Borrower does'~efeby`ry~sUfy, November, 26; December 3,
and confirrra the~satd del3d of - ,io, 17, 2008
trust in,all respects as d related _
to Lot B1 , :~ ~ , .: ~ •
This sale is made subject to ' NOTICE TO CREDtTO.RS
alt unpaid taxes and` Supenor~ All: persons having daims
liens or encumbrances of - against Charles E. Smith
record and assessments if ": ' of Orange County, North
any, against tlie;said property... .Caroliri'a; .who died : on.. the
and any recorded~leases: This . °-99th .day of October, 2008,
--.~.. :,. ~Icrt ~ .ci ~hir?rt to ariv ~ lore. rinfifiorl in nrncen4 #hcm Fn
are notified to;exhibit,therr~ io
William,C. Derby .as Executor
of the Decedent's estate.on cir
before February 26; 20Q8,c/o
Gregory Herman-Giddens; At-
torney at Law, 205 Providence
Rnari r:hanpl Hili. N.C. 27514:
default in the payment of it-e
indebtedness thereby sec4li~
and failure to carry out or-d
perform the stipulations and
agreements therein cont8111t=d
and, pursuant to demand 6~
the owner and holder of ~~
10
James Hamlin
1017 Hamlin Farm Dr.
Rougemont NC, 27572
President Board of Directors
Caldwell Fire Department
7020 Guess Road
Rougemont NC, 27572
December 4, 2008
Attending- James Hamlin- President of the Board of Directors, Caldwell Fire Department
Earl Mckee -Treasurer of the Board of Directors, Caldwell Fire Department
Buddy Hartley- Secretary ofthe Board ofDirectors,CaldwellFhe Department
Called to order: James Hamlin (u; 7:OOpm
Public meeting to discuss the purchase of replacement tanker .
20 citizens of the district in attendance of the• meeting
lames Emory made the motion to proceed with the proposed plan as listed in the public
notice
Buddy Hartley second the motion
Motion Carries
Adjourned at 7:32pm
Submitted:
James Hamlin
President
Caldwell Fire Department
11
Fire Service Agreement
This agreement, dated this day of , 20 , by and
between Caldwell (Little River) Fire Department, Inc., a body corporate organized
under the Laws of the State of North Carolina, the ("Fire Department"), and
Orange County, a body politic, the ("Political Subdivision").
WHEREAS, Fire Department is a not for profit organization duly authorized for
the purpose of providing firefighting services in an area within the jurisdiction of
the Political Subdivision; and,
WHEREAS, the parties wish to enter into an agreement setting forth the area and
duties of the Fire Department.
NOW THEREFORE, the Fire Department and Political Subdivision do hereby
agree as follow:
1. Political Subdivision recognizes that Fire Department provides firefighting
services to the hereafter generally described area or areas:
2. The area in which Fire Department has primary firefighting responsibilities
(area of responsibility) is Little River Fire District.
3. Political Subdivision shall not be liable or responsible for the conduct and
activities of Fire Department.
IN WITNESS WHEREOF, the parties have had this agreement executed by duly
authorized representatives thereof.
Caldwell (Little River) Fire Department, Inc.
By
Name
Title
Orange County
By
Name
Title
12
Certificate of Approval
Approval of Chief Elected Official of
Orange County
~,
chair of the Board of County
Commissioners of Orange County, pursuant to the Internal Revenue Code
of 1986, as amended (the code) hereby approve, authorize the entering into
by Caldwell Volunteer Fire Company a commercial loan in the amount not
.to exceed $240,000 to finance afire Pumper truck to be located at 7020
Guess Rd, Rougemont, NC 27572.
Execution of this document in no way creates liability on, the part of
Orange County and Orange County is not responsible for the repayment.of
any loan pursuant hereto..
By:
Title
Date
13
Orange Rurai Fire Dept.
P.O. Box 1511. Hillsborough, NC 27278
919-732-7911 www.orfd.org
November 13, 2008
Donna Coffey, Budget Director
Orange County Budget Office
P.O. Box 8181
Hillsborough, NC 27278
Dear Donna:
It is the intent of the Orange Rural Fire Department to purchase a fire truck. The truck is
currently out on a bidding process that should not exceed $250,000.00. We have already begun
running the public hearing notice and we have set the public hearing for November 20, 2008.
Once we have our public hearing, we will forwazd all corresponding paperwork to your office on
November 21, 2008.
Unbarring any unforeseen emergencies, we do not anticipate that the financing of this purchase
would require a tax rate increase.
We thank you for your time and if you have any questions, please do not hesitate to contact me at
732-7911.
Sincerely,
J hn Forrest, President
14
CLIPPING OF LEGAL
ADVERTISEMENT
ATTACHED HERE
`.Public Notice :-;~~-~•
' ~ Public Notjce ' is` `hereby
given' thaE the Orange Rural
Fire Department No ~'I ,Inc: will
at 20fi ~ S. Churton Street,
HiAsborough `: NC 272278; at
7:00 p.m., in a public hearing
pursuant to the requirements'
of section 147(f) of the- Inter-
nal:Revenue Code~it~1988, as
amended, oh a` proposal:aat
the buyer enter mto~ `a teml
loan. un' r the: Code in osier
to finan the_ acgw§~bon of
~~.; . _
be. finaoced'corisists'of'a_ Fire
Tnick (the equipment). and will
be located=aE~the fireh-ouse'in
and to pay;costs'and expenses
incidental to the financing,. the
Buyer proposes to enter into
a term: loan agreement `in'tfie
maximum aggregate ~priricipal
amount"of $250;000.00. `The!
Buyer will be requiredao pay!
all. expenses of the-operating;
maintaining,' ahd< insuring the
projecf and to~pay all taxes on
the Equipment. Ttie payments
due:pursuant to~the term loan ~
agreement will be payable and '
secured by a secunty;interest)
Lien on the .equipment above ;
here mentioned. All persons::
interested may'appear and, lie'
at said time and place or may
file written 'comments with-thee
department prior to the `hear-"
ing set forth herein above,:
11/20/2008. By the order of
the Orange Rural Fire Depart
ment No. 1, Inc:.. ~
November 12; 19, 2008: . ~
NORTH CAROLINA
ORANGE COUNTY
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of said County and State, duly
commissioned, qualified, and authorized by law to administer oaths,
personally appeared Keith Coleman, who being first duly sworn, depos-
es and says: that he is an authorized employee of The News of Orange
County, engaged in the publication of a newspaper known as The News
of Orange County published, issued, and entered as second class mail in
the City of Hillsborough, in said County and State; that he is authorized
to make this affidavit and sworn statement; that the notice or other legal
advertisement,. atrue copy of which is attached hereto, was published in
The News of Orange County on the following date(s): November 12, 19,
2008, and that the said newspaper in which such notice, paper, docu-
ment, or legal advertisement was published was, at the time of each and
every such publication, a newspaper meeting all of the requirements and
qualifications of Section 8-597 of the General Statutes of North Carolina
and was qualified newspaper within the meaning of Section 1-597 of the
General Statutes of North Carolina.
~~-
This ~ ~ day of November, 2008.
(Signa of person making affidavit)
Sworn to and subscribed before me, this a ~ day of November, 2008.
r '
SEAL, ;
.-~ i4 J~
Jan Weaver, Notary Public
My Commission Expires: November 16, 2013
15
Orange Rural Fire Department
Public Notice Meetiag
11/20/2008
Attending: Matt Heinze, Jim Rodgers, Kevin Elvin, Jeff Roberts, Chuck Helgevold, Steve Summey,
Evelyn Lloyd
Call to order at 7:OOpm by Jeff Roberts, Treasurer
Public meeting to discuss the purchase of an Elliptical Fire Truck.
There were no other people present.
Motion: Made by Steve Summey to adjourn to close the public hearing at 7:05.
2nd: Kevin Elvin
Passed-All
16
Fir~,e~'`J~,Service Agreement
This agreement, dated this of'f''`' day of -~~~.~i/ , 20 ~~ , by and
between Orange Rural Fire Department No. 1, Inc., a body corporate organized
under the Laws of the State of North Carolina, the ("Fire Department'), and
Orange County, a body politic, the ("Political Subdivision").
WHEREAS, Fire Department is a not for profit organization duly authorized for
the purpose of providing firefighting services in an area within the jurisdiction of
the Political Subdivision; and,
WHEREAS, the parties wish to enter into an agreement setting forth the area and
duties of the Fire Department.
NOW THEREFORE, the Fire Department and Political Subdivision do hereby
agree as follow:
1. Political Subdivision recognizes that Fire Department provides firefighting
services to the hereafter generally described area or areas:
2. The area in which Fire Department has primary firefighting responsibilities
(area of responsibility) is Orange Rural Fire District.
3. Political Subdivision shall not be liable or responsible for the conduct and
activities of Fire Department.
IN WITNESS WHEREOF, the parties have had this agreement executed by duly
authorized representatives thereof.
Orange Rural Fire Department No. 1, Inc.
By
Na
Title~~(-~G~~~P/VU`L'
Orange County
By
Name
Title
17
Certificate of Approval
Approval of Chief Elected Official of
Orange County
I, chair of the Board of County
Commissioners of Orange County, pursuant to the Internal Revenue Code
of 1986, as amended (the code) hereby approve, authorize the entering into
by Orange Rural Volunteer Fire Company a commercial loan in the amount
not to exceed $250,000 to finance a fire Pumper truck to be located at 206
South Churton Street, Hillsborough, NC 27278.
'Execution of this document in no way creates liability on the part of
Orange County and Orange County is not responsible for the repayment of
any loan pursuant hereto.
By:
Title
Date