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Agenda - 04-04-2023; 8-l - Approval of Financing Arrangements for Efland Volunteer Fire Department for Renovation of Fire Station #1
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Agenda - 04-04-2023; 8-l - Approval of Financing Arrangements for Efland Volunteer Fire Department for Renovation of Fire Station #1
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3/30/2023 12:16:26 PM
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BOCC
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4/4/2023
Meeting Type
Business
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Agenda
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8-l
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Agenda for April 4, 2023 BOCC Meeting
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9 <br /> responsibility for management and financial decision-making for the fire <br /> department until such time as the county and fire department's Board <br /> of Directors agree that the fire department's finances have been <br /> stabilized to the extent required to satisfy the financial management <br /> provisions of this contract. <br /> 14. The Fire Department shall comply with the County budgeting procedures, and shall <br /> submit annual budget estimates in accordance with established County budget <br /> timetables. A supporting letter of request for the proposed tax rate shall be signed by <br /> the Fire Department's president upon approval of its Board of Directors. The County <br /> will provide the Fire Department with standard forms for budget submission and the <br /> Fire Department shall use such standard forms. <br /> 15. The Fire Department shall comply with the State of North Carolina purchasing <br /> procedures for local governments as identified in Attachment #1, as well as other <br /> procedures provided for by state law. <br /> 16. The Fire Department shall file with the County Fire Marshal a true copy of its Articles <br /> of Incorporation, Bylaws, and shall furnish any changes made thereto not less than <br /> thirty (30) days prior to their effective dates. Further, the Fire Department agrees to <br /> amend its Articles of Incorporation and Bylaws as necessary to meet all minimum legal <br /> requirements for a North Carolina nonprofit corporation, as required by the provisions <br /> of Chapter 55A of the General Statutes of North Carolina. Should Fire Department be <br /> notified that it has failed to meet all minimum legal requirements for a North Carolina <br /> nonprofit corporation and/or failed to maintain its federal, state, or local tax-exempt <br /> status the Fire Department shall, within thirty (30) days of such notification, begin <br /> taking appropriate steps to remedy said failure. Should said failure not be appropriately <br /> remedied within ninety (90) days after such notification the County may withhold <br /> special district tax revenues until such time as the Fire Department meets all minimum <br /> legal requirements of Chapter 55A of the General Statutes of North Carolina and/or <br /> until such time as the Fire Department's tax-exempt status is restored. <br /> 17. In the event the Fire Department dissolves then the Fire Department shall deliver, <br /> release, and convey to the County all its equipment, cash, or other assets to be used <br /> by the County exclusively for the provision of fire protection services, rescue services, <br /> or Medical Responder services within the District. Any such dissolution shall comply <br /> with applicable laws of North Carolina. If Fire Department ceases to provide either fire <br /> protection services, rescue services, or Medical Responder services within the District <br /> Fire Department shall deliver, release, and convey to County all of its equipment, cash, <br /> or other assets used for those specific services the Fire Department has ceased to <br /> provide, to be used by the County exclusively for the provision of fire protection <br /> services, rescues services, or Medical Responder services within the District. Should <br /> the terms of this paragraph conflict with Fire Department's Articles of Incorporation the <br /> Articles of Incorporation shall control. <br /> 18. The Fire Department agrees to hold harmless and indemnify the County from and <br /> against any and all liability and expenses including attorney fees, court costs and other <br /> costs incurred by the County caused by any act or omission of the Fire Department, <br /> its agents and employees. The Department shall purchase and maintain, during the <br /> 5 <br />
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