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08171992 I CONSENT AGENDA BUDGET N~ENDMENTS 727 HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, AUGUST 17, 1992 The Harnett County Board of Commissioners met in regular session on Monday, August 17, 1992, in the Commissioners Meeting Room, County Office Building, Lillington, North Carolina, with the following members present: Beatrice Bailey Hill, Walt Titchener, Bill Shaw, Mack Reid Hudson, and Chairman Lloyd G. Stewart, presiding. Others present were Dallas H. Pope, County Manager; W. Glenn Johnson, County Attorney; Vanessa W. Young, Finance Officer and Clerk to the Board; and Kay S. Blanchard, Recording Secretary. Chairman Stewart called the meeting to order at 7 p.m. and Commissioner Hudson offered the invocation. Dallas H. Pope, County Manager, reported that the North Carolina Association of County Commissioners had presented a Distinguished Service Award to Commissioner Mack Reid Hudson at the Association's Annual Conference in Charlotte on August 15, for Commissioner Hudson's service on the North Carolina Association of County Commissioners Board of Directors. Commissioner Hill moved to approve a request from Mr. Sol Kozma to address the Board and that this item be added to the agenda. Commissioner Titchener seconded the motion and it passed with a unanimous vote. Commissioner Titchener moved that the period for informal comments from the public be moved up on the agenda. Commissioner Hill seconded the motion and it passed with a unanimous vote. Upon motion made by Commissioner Hill and seconded by Commissioner Shaw, the Board voted unanimously to approve the following items from the Consent Agenda: MINUTES: Regular Meeting, August 3, 1992 BUDGET AMENDMENTS: Public Utilities Code 67-9015-030 Revenue: 67-3970-000 (Northeast Capital Project) Engineering-Northeast Interfund Transfer-Northeast Metro 7,839. increase 7,839. increase Public Utilities (Northeast Metropolitan) Code 32-9001-1560 Interfund Transfer-Raw Water 7,839. increase Revenue: 32-3990-001 Unappropriated Fund Balance- Water 7,839. increase Public Utilities (Northeast Metropolitan) Code 32-9001-1562 Interfund Transfer- Bunnlevel/Riverside 20,245. increase Revenue: 32-3990-001 Unappropriated Fund Balance- Water 20,245. increase Public Utilities (South Central) Code 34-9003-1562 Interfund Transfer- Bunnlevel/Riverside Revenue: 34-3990-003 Unappropriated Fund Balance- South Central Public Utilities (Bunnlevel/Riverside Code 85-4150-030 Engineering Revenue: 85-3970-000 Transfer from Utility Fund 18,100. increase 18,100. increase 20,245. increase 20,245. increase 450. increase 450. increase 26,467. increase 26,467. increase 4,800. increase 4,800. increase 38,720. increase 36,358. increase 2,362. increase Section 8 Existing Code 80-9900-4190 Sundry Admin. Expense Revenue: 80-3690-000 HUD Interfund Transfers Code 10-8701-1690 Advance to Brookfield Revenue: 10-3990-000 Fund Balance Appropriated Division of Soil & Water Code 10-6700-029 Eros~on Control Revenue: 10-3990-000 Fund Balance Appropriated Department of Social Services Code 10-7710-157 Jobs Program Revenue: 10-3480-001 Social Services Admin. 10-3990-000 Fund Balance Appropriated 728 EMS POSITIONS UPGRADED CAPE FEAR REGIONAL WW PROjECT BUDGET AMEND. ECONOMIC DEV. SPECULATIVE BUILDING PUBLIC HEARING ON NE METRO AQUISITION PROJ. PUBLIC HEARING CLOSED RESOLUTION RP' NE ~IETRO AQUISITION PROJECT SE W & S DISTRICT ~lEETING RESOLUTION RE: AGREEMENT WITH CITY OF DUNN - UPGRADE OF POSITIONS: Emergency Medical Services, two existing EMT I pos:.tions wit:' classification of 62, upgraded to EMT AI with c!asEification of 64, wi~h effe~tive date of August 21, 199~. - PROPOSED APPOINTMENTS: (which will be considered by the Board of CommissionErs at the next regular board meeting with the proposed I appointments available for public inspection in the office of the secretary to the Board until September 8, 1992) (1) Susan Pope, Rt. 2, Coats, to Lee-Harnett Mental Health Board, to replace Wanda Pleasant (2) John Q. Shaw, Dunn, to Economic Development Commission (3) Joseph Giles, Jr., Dunn, to Economic Dev. Commission (4) Earl Jones, Coats, to Economic Dev. Commission Dallas H. Pope presented for the Board's consideration a budget amendment concerning Interfund Transfers associated with the Cape Fear Regional Wastewater Proje~t. Glenn Johnson, County Attorney, excused himself from the meeting during consideration of this matter. Commissioner Hudsor. moved for approval of the following budget 3.:nendment: InterfuLd ~ransfers Code 10-87Gl-1682 Advance to Cape Fear 28,012. increase aeve~~e: 10-3550-000 Fund Ba:anc~ A~propriated 28,012. increase Comm'::'ssio::1e:.:- Hi:l SE.~.o lc'~d the lDo'C,:;"m and it passed with a unanimous vote. M=. John Shaw, Chairman, Economic Development Commission, presented fo= the Board's conSide~ation a proposed Resolution to Approve Assisting in Interest C st for the Proposed Speculative Building in Dunn, North Carolina. ommissioner Titchener moved to adopt the resolution. Commission r Hudson seconded the motion and it passed wi th a unanimous vote. 'I'he resolution is copied in full at the end of these minutes as Attachment 1. Chairman Stewart called to order a public hearing on Northeast Metro Acquisition Project and recognized John M. Phelps, II, Public Utilities Attorney, to orief the group concerning the purpose of the public hearing. Mr. Phelps provided comments on the proposed acquisition of the Northeast Metro water system and briefed the group that the purpose of the public hearing was to obtain comments from the public concerniLg the matter. Chaizman Stewart opened the meeting for public comments and the fol:owing citizens provided comments on the Northeast Metro Acquisitio~ Project~ 1. So: Kozma~ Du~n 2. Floyd ~~~eL-., ':'WLl Lakes 3. Nancy Myatt, Anqier 4. Rodney Tart, 2J~iic Utilities Director 5. Marcelle Brown,JLillington 6. Bob Stivenger, Angier 7. Leonore Tuck, Buies Creek 8. Robert Surles, Angier 9. Catherine Kinton, Duncan Area 10. L. C. O'Quinn, Lillington 11. Timothy McKinnie, Coats 12. Charles Meeks, Anderson Creek Chairman Stewart read comments from letters concerning the Northeast Metro Acquisition Project from the mayors of the City of Dunn and the Town of Erwin. There being no further comments, Chairman Stewart closed the public hearing. John M. Phelps, ~I, Public Utilities Attorney, presented for the Board's c0nsideration a pro~osed Resolutio.. Authorizing ~he Filing of an A~Jlica'~~o~ ~o~ A~p~oval o~ a ?i~ancing AgreDment Authorized by Y C,G.S. S :5~A-20 (~ortteast Me~ro ~=~uisition Project). After c'.iSCUS5:'.O~ by tt,e 3oard, Co:nrr.issi0:l.er H:Ici.son moved to adopt the I :':9SC~"~,t.::'o:-. ',.~'::'r. c... =evis:'.on s'..c;gestec by Glenn Johnson, County At'':C:':_~9Y. ::::o~::,:r:ib.3~')~.a::- S..:'3W saco:'K".~C: the motion and it passed with tt.a ~ollowing vcte: ~yes 3, Noes, 2, Absent O. The resolution is co?~ed in full at the end of these miL~tes as Attachment 2. Chairman Stewart stated tha~ the Board would now consider certain matters sitting in its capacity as the governing body of Southeast Water and Sewer Distr~ct of Harnett County. Dallas H. Pope, County Manager, presented for the Board's consideration a Resolution Authorizing Execution of Agreement with the I SE W & S DISTRICT MEETING ADJOURNED PUBLIC HEARING ON ZONING CHANGE APPLI. W.A. WILSON INFOR~~L CO~~~ENTS SUBDIVISION MAJOR FINAL FOR CAROLINA SEASONS, SECT. III RESOLUTION RE: REQUEST FROM FLATWOODS & BUNNLEVEL FIRE DEPTS. REPORT ON BIDS FOR LIBRARY SYSTEM (COMPUTER) RESOLUTIO~AWARDING CONTRACT FOR LIBRARY AUTOMATION PROJECT REQUEST RE: FIRE PREVENTION WEEK 729 City of Dunn, as Modified (Southeast Water and Sewer District of Harnett County). Commissioner Titchene~ moved for adoption of the resolution. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 3. Chairman Stewart adjourned the meeting of the Board sitting as the governing body of the Southeast Water and Sewer District. Chairman Stewart called to order a public hearing on a proposed zoning change application tor W.A. Wilson, from RA-30 Zoning District to RA-20M Zoning District, Johnsonville Township, SR 1106, approximately 35.8 acres. George Jackson, Planning Director, presented the application and briefed the group that the purpose of the public hearing was to obtain comments from the public concerning the zoning change application. Chairman Stewart opened the meeting for public comments. The following citizens provided general comments concerning the zoning change request: 1. W.A. Wilson, Johnsonville 2. Paul Soublet, Johnsonville 3. George McKay, Johnsonville There being no further comments, Chairman Stewart closed the public hearing. Mr. Jackson presented the application for consideration by the Board. The Planning Board sent the application forward to the Board of Commissioners without recommendation. Commissioner Titchener made a motion to table consideration of the proposed zoning change application for W.A. Wilson. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Informal comments were provided to the Board from the following citizens: 1. Sol Kozma, Dunn 2. Floyd Hein, Twin Lakes, concerns with E & R minutes 3. Charles Meeks, Twin Lakes' 4. Dallas West, Anderson Creek" question on tax property card Tom Taylor, Chief Planner, presented for. the Board's consideration a subdivision major final for Carolina Seasons, Section III, owner: Carolina Seasons Inc. (Van Groce), 36 lots located on SR 1201 in Johnsonville Township, RA-20R Zoning District, 25.0 total acres. Commissioner Shaw moved for approv~l of the s~bdivision plat. Commissioner Hill seconded the motion and it passed with a unanimous vote. W. Glenn Johnson, County Attorney, presented for the Board's consideration a resolutiQn regarding request from Flatwoods and Bunnlevel Fire Departments, Inc. concerning purchase of fire vehicles. Commissioner Hill moved for' adoption of the resolution. Commissioner Titchener seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 4. Dallas H. Pope, County Manager, reported on bids received for the Harnett County Public Library Integrated Library System. The bid opening was held on July 15, 1992, at 12 noon in the Local History Room of the Harnett County Library, Lillington with following bids submitted: Dynix, Inc. $142,457 Gaylord Brothers $109,914 Geac Computers, Inc. $ 85,398 Sirsi Corporation $125,344 Mr. Pope presented for the Board's consideration a Resolution Awarding Contract (Library Automation Project). Commissioner Titchener moved for adoption of the resolution. Commissioner Hill seconded the motion and it passed. with "a unanimous vcte. ';l'he re'solution is copied in fuli at the end of these minutes as Attachment 5. Dallas H. Pope, County Manager, presented ,a request from the Fire Marshal's Office for funding support for Fire Prevention Week programs. Commissioner Titchener moved for.~pproval of the request for $1,308.43 concerning supplies for Fire Prevention Week activities for the schools in Harnett County and for Community Pride. Commissioner Hill seconded the motion and it passed with a unanimous vote. A budget amendment will be presented at the next Board meeting to reflect the additional funding. 730 RESOLUTION RE: NAT'L PALLEN FIREFIGHTERS DAY RESOLUTION RE: NAT'L FIRE PREVENTION WEEK REQUEST FROM Sill~~ERVILLE FIRE & ~ESCUE FOR SURPLUS AMBULANCE RESOLUTIO~NAMING MEr,lEER TO AVERAS. TOWNSHIP TOURISM DEV. AUTHORITY RESOLUTION RE: ADDITION OF ROADS IN CAPTAIN'S LANDING SUBDIVISION TO STATE SYSTEM GRANT AWARD TO CASWELL CENTER FOR OPERATION SANTA CLAUS PROGRAM REPORTS COMMISSIONER SHAW EXCUSED FROM MEETING EXECUTIVE SESSION RESOLUTION RE: ANNUAL SURPLUS SALE RESOLUTION RE: NEW VOTING EQUIPMENT FOR BOARD OF ELECTIONS NO ACTION ADJOURNMENT Commissioner Hill moved for adoption of a resolution acknowledging October 4, 1992, as National Fallen Firefighters Day. Commissioner Titchener seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 6. Commissioner Hill moved for adoption of a resolution acknowledging October 4-10, 1992, as National Fire Prevention Week. Commissioner Titchener seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 7. I Dallas H. Pope, County Manager, presented a request from Summerville Fire and Rescue for a County surplus ambulance. After discussion, Cowmissioner Titchener made a motion to put the vehicle up for sale. The ~otion received no secon~ and the matter was tabled. Dallas H. Po~e, COUlity OCanager, presented for the Board's consideration a Resolutibn Naming Member of the Averasboro Township Touris~ Development Authority. Commissioner Titchener moved for adoption of the resolution. Commissioner Hill seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 8. Commissioner Titchener moved for adoption of a resolution requesting that roads in Captain's Landing Subdivision be placed on the State's Secondary Road System. Commissioner Hill seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 9. Dallas H. Pope, County Manager, presented a request from the North Carolina Department of Human Resources, Caswell Center, for support of Operation Santa Claus. Commissioner Hill made a motion to approve a grant o~ $50 to the Caswell Center for their 1992 Operation Santa Claus project. The gra~t ~s basea on Harnett County having two residents at the center with a $25 ~rant made to each resident. Commissioner T~t~r.a~e~ second9d t~a ~o~ion and it ~assed with a unc.~:.mous vote. r.~~ ~o:lot.li;J,C; r6;)Crts for "::-.e r.lOnth of July were filed with the Board: P:annin~ &e~artman~: Healt~ ~e~artme~t, Solid Waste Recycling, Tax Release3, Sherif~'s De?a~t~ent, Emer~ency Medical Services, Industrial Development, Fire Marshal's Office, and Operating Budget Report. The Tax Attorney's Report was also filed with the Board and is copied in full at the end of these minutes as Attachment 10. Commissioner Titchener moved to approve Commissioner Shaw's request to be excused from the meeting. Commissioner Hill seconded the motion and it passed with a unanimous vote. Commissioner Hill moved that the Board go into executive session. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Commissioner Titchener moved that the Board come out of executive session. Commissio~er Hill seconded the motion and it passed with a unanimous vote De:la~ ? ?o~e: County Mc.~a~ar. ~reEa~ted for t~e Board's co~s~~c~~~_~~ ~ ~e&o:u~~~, CC~CE=~~~~ t~a County's annual surplus e>r:>;?er.:y SE..:.(S .~~0l-a.ui8S::" ';:.cr ':'.....;:~:.e.~-. =..:':- ,,,,ovad for adoption of the reso:":I.'::'c..:, Cornissio~_ .::::- =c~.lC'S':-.l ~a.::c:.....:-'.ac. the mot.:.on and it passed w~~h a unan:.~ous vote. ~:€ =;~=l~~~c~ is cc~ied in full at the end of these mi~utes as Attac~~~~~ ~:. Dallas H. Pope, County Manager, presented for the Board's consideration a resolution concerning purchase of voting equipment for Board of Elections. A presentation was made by Mr. Shelby Thomas, President, Election Products, one of the three compailies who submitted bids for new voting equipment. Comments were also made by Mr. James Currin, Chairman, Board of Elections. After discussion by the Board, the matter was tabled without action being taken. l There be1ng no further business, the Harnett County Board of Commissioners regular meeting, August 17, 1992, duly adjourned at 11:30 p.m. L ~/ j. 4hxdtAJd Kay Blanchard, Sec. Vanessa W. Attachment 1. I Attachment 2. ',. ;i!. J>, -'" 731 RESOLUTION By the Harnett County Board of Commissioners APPROVAL OF ASSISTING IN INTEREST COST FOR THE PROPOSED SPECULATIVE BUILDING IN DUNN, NORTH CAROLINA WHEREAS, the County of Harnett has always attempted to attract new and expanding industry into the county, and: WHEREAS, several local civic and financing institutions have come together to build a 35,000 square foot speculative building to be located in a new industrial park near Dunn, and: WHEREAS, the County Board of Commissioners wish to do their part to see that this endeavor becomes a success. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that: The Harnett County Board of Commissioners authorize that they will set aside $20,000 per year for a period of three years to pay the interest expense for the speculative building. Duly adopted this 17th day of August , 1992. tewart, Chairman ounty Board of Commissioners ATTEST: ~ ~ 1/~,,~~ '7;.) . Vanessa W. Young Clerk to the Board R~SOLUTION AUTPORIZING T~E FILING OF AN APPLICATION FOR APPROVAL OF A FINANCING AGREEMENT AUTHORIZE~ BY N.C. GEN. STAT. S 160A-20. (NORTHEAST METRO ACgUISITIOK PROJECT) WHEREAS, Northeast Metropolitan Water District of Harnett County, North Carolina (the "District") and County of Harnett (the "County") entered into an agreement designated as "Lease" dated May 30, 1980 (the "Lease") pursuant to which District leased its water production and distribution facilities to County; and WHEREAS, as part of the terms of the Lease, County agreed to pay to District, as rental, for the use of the Distric~'s facilities, a sum equal to the annual debt service expense- -bf District, plus an additional sum of money equal to District' 6 annual administ~ative costs, and WHEREAS, the terms of the Lease also provide that all water mains, hydrants, valves, fittings, meters, pumping stations, pum:':'ng equipment, watar treatment facilities, storage facilit~e6, customer service lines and other appurtenances leased to County shall be maintained and operated by County for the rental period, including replacement of all worn or depreciated equipment, by painting, repair or replacement; and WHEREAS, pursuant to the Lease, County further agreed to pay for all sewer .service charges, all heat, gas, oil, fuel and electrical charges incurred in the use of the leased facilities; and 732 WHEREAS, since the commencement of the lease term, County has complied with the terms and conditions of the Lease and has paid the rental payments as hereinabove set forth, said payments being obtained from both revenues collected by County from water sales and funds otherwise available from County resources; and WHEREAS, the Leasie granted County the exclusive option to purchase the leased pr~mises upon payment of $1.00 and a sum of money that is sufficient to enable District to pay the outstanding bonded indebtedness of District as it comes due and a sum of money sufficient to enable District to meet its administrative expenses while the bonded indebtedness remains unpaid; and WHEREAS, District has issued a non tax exempt Water Refunding Bond dated June, 1988 and $1,857,200 of such bond is now outstanding (the "outstanding bond"); and WHEREAS, the rate of interest on the outstanding bond is a variable rate equal to the prime rate of First Citizens Bank and Trust Company, plus 0.5%, subject to a maximum rate of 10.5% and a minimum rate of 6.5% per annum; WHEREAS, District has also issued Water Bond Anticipation Notes in the amount of $1,080,000 (the "outstanding notes") which mature on October 21, 1992; WHEREAS, in order to provide for the appropriate management and operation of the leased facilities, after execution of the Lease, County established a Department of Public Utilities; and WHEREAS, the Board of Commissioners of the County of Harnett (the "Board") thereafter endeavored to provide public water to other areas of Harnett County and in connection therewith created six county water and sewer districts; and WHEREAS, water distribution systems now exist in four of said county water and sewer districts and the water supplied to each is provided by County from the leased water production facilities; and WHEREAS, because of the volume of its water sales, County currently receives sufficient revenues therefrom each fiscal year so as to pay all costs and rentals associated with its obligations to District under the Lease; and WHEREAS, iu order to eliminate the complex administrative and financial accounting tasks associated with the operation and management of several water systems, County's independent auditors have recommended consolidation of County's public utility districts when feasible; and WHEREAS, according to a tabulation of the Bond Buyer's Index recently compiled for the last thirteen months, issued by the North Carolina Department of State Treasurer, the index was at its lowest point during the thirteen month period; and WHEREAS, the Board finds that because of the current favorable interest rate environment, it is feasible and advisable to exercise its option to purchase the leased facilities and to obtain financing therefor as soon as practicable; and WHEREAS, County desires to purchase the water production and distribution facilities of District for such amount as equals $1.00 plus that sum of money which will enable District to retire its outstanding bond and its outstanding notes, all for the purpose of better serving the citizens of Harnett County; and I I 733 WHEREAS, County desires to finance the purchase, and the costs associated with the purchase and its financing (the "Project") by use of an installment contract authorized under N.C. Gen. Stat. S 160A-20; and WHEREAS, the Project cost, including the purchase price and costs of issuance, is estimated at approximately $3,100,000; and WHEREAS, said N.C. Gen. Stat. S 160A-20 allows the County to finance the purchase of real or personal property by an installment contract (the "Contract") where a security interest is created in the property being purchased; and WHEREAS, the Board conducted a public hearing on the date hereof to receive public comment on the desirability of the Contract for the Project, and the Board received evidence supporting the need for such financing as herein described; and WHEREAS, findings of fact by this governing body must be presented to enable the North Carolina Local Government Commission to make its findings of fact set forth in North Carolina General Statute Chapter 159, Article 8, Section l51 prior to approval of the proposed Contract; and WHEREAS, the Board now desires to make certain findings of fact and further provide other instructions relative to the Project. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the County 0= Harnett meeting in regular sessibn on August 17, 1992 does hereby make the following findings of fact: 1. The Project and associated proposed Contract are necessary and/or expedient for several reasons, including but not limited to the following: a. Based upon financial savings reports, projections, and associated documentation provided to the Board, it is clear that debt service costs required to finance the cost of the Project will be less than payments due under the Lease. b. Providing a safe drinking water source to the citizens of Harnett County pursuant to the most economical method is desirous and appropriate. c. It is expected that because of new standards and mandates imposed by Congress pursuant to the Safe Drinking Water Act, modifications and/or upgrades to the existing water production facility will be required. County as an entity is provided with greater flexibility relative to financing options to pay for such modifications and/or upgrades and County is also more likely to finance such modifications and/or upgrades, particularly where publicly marketed issues are involved, at a lesser rate of interest than District. d. Duplicative costs associated .with providing administrative and financial accounting tasks and I functions to both District and County will be eliminated by implementation of the Project. 734 2. Based upon current County budgetary requirements, the cost of the Project as proposed, which cost exceeds $3,000,000, surpasses the amount that can be prudently raised from County's available appropriations and unappropriated fund balances. 3. County has no non-voted bonds that could be issued by it in the current fiscal year pursuant to Article V, Section 4 of the North Carolina Constitution. 4. The proposed financing Contract as contemplated by the Board, under the circumstances attendant thereto, is preferable to a voted general obligation bond issue for several reasons, including but not limited to the following: a. The cost of a special election necessary to approve a general obligation bond financing, as required by the laws of this State, would result in the expenditure of significant funds. b. The time required for a general obligation bond electi0n would cause an unnecessary delay which may result in the loss of the favorable interest rates curren~ly available to County in the financial marketplace; c. The time required for a general obligation bond election would result in funds becoming available for the Project at a time after District's outstanding notes mature, thereby causing unnecessary expense to District for renewal of said notes. Under the proposed schedule for financing, the purchase funds will be available to District prior to the maturity of its outstanding notes. 5. The proposed financing Contract as contemplated by the Board, under the circumstances attendant thereto, is preferable to a revenue bond issue for several reasons, including but not limited to the following: a. While the funds received by County from the sale of water provide sufficient revenue to pay all expenses associated with ownership, operation and maintenances of the facilities proposed to be acquired, such revenues would not be sufficient, without substantial rate increases, to permit a revenue bond financing which would achieve investm~nt grade ratings from nationally recognized rating agencies. b. Rates for revenue bonds will not be substantially different from those rates likely to be applicable under the proposed Contract, particularly in light of the restrictions, covenants and credit terms to be placed on County in a revenue financing. 6. While the cost of financing under the proposed Contract is greater that the cost of issuing general obligation bonds, the use of the proposed Contract is adequately justified by the offsetting considerations set forth in the findings numbered 3 and 4 above. 7. The sums to fall due under the proposed Contract are adequate and not excessive for the reason that the principal and interest payments to fall due under the Contract are approximately $300,000 per year for sixteen (16) years and are less than the I 735 funds currently budgeted for payments due pursuant to the Lease. 8. The projected net revenues of County's water sales upon acquisition of the facilities will be sufficient to meet the sums to fall due under the proposed Contract. 9. As evidenced by the annual audits of County, the debt management policies of County have been carried out in strict compliance with the law and the same shall henceforth be so carried out. 10. There shall be no increase in the property tax rate of County to raise sums to fall due under the proposed Contract. The sums to fall due will be received from water sales, and general fund revenues shall not be utilized to pay sums to fall due under the proposed Contract. 11. County is not in default in meeting any of its debt service or contract obligations. 12. The attorney for County responsible for its public utilities matters has rendered an opinion that the proposed Project and financial undertaking are authorized by law and are purposes for which public funds may be expended pursuant to the Constitution and laws of North Carolina. AND BE IT FURTHER RESOLVED that: 1. The Board hereby authorizes the Project, and in connection therewith: Authorizes the County Manager, upon the advice of the Local Government Commission, to employ a qualified appraiser to provide appraisals as required for the Project's implementation; and Authorizes the County Manager, upon the advice of the Local Government Commission, to employ a qualified environmental consultant to provide a Phase I Environmental Study as required for the Project's implementation. 2. The Harnett County Public Utilities Attorney is hereby designated as representative of County for the purpose of seeking the approval of the proposed Contract, and with respect thereto is directed to submit an application for the Local Government Commission's approval of the Contract pursuant to N.C. Gen. Stat. S 160A-20 and S 159-148. 3. The County Finance Officer is directed to execute a sworn statement a. b. hereby authorized and of debt of the County I pursuant to N.C. Gen. Stat. S 159-150 in connection with the Contract and the financing of the Project. 4. The appropriate representatives of the County are hereby authorized and directed to apply for municipal bond insurance with respect to the Contract. 5. The appropriate representatives of the County are hereby authorized and directed to proceed with the preparation of an Asset Purchase Agreement to be executed by County and District and to proceed with the preparation of the Contract and other financial documents. 6. The Chairman of the Board, the Clerk to the Board, the County Manager, the County Finance Officer and the County Public Utilities Attorney and such other representatives of the County as 736 Attachrnent3. are required are hereby authorized to otherwise proceed with the Project and the plan of financing associated therewith, provided that the costs thereof do not exceed $3,100,000, and to take any and all such further action as may be necessary or advisable to carry out the intent df this Resolution. I Duly adopted this 17th day of August, 1992 upon motion made by Hudson seconded by Commissioner Commissioner Shaw and adopted by the following vote: Ayes 3 Noes 2 Absent o By Board of Commissioners the County of Harnett ~l ,/J /J:Lv-u-v1 1 yd G. Stewart, Chairman of the Board of zst: Vanessa W. Young Clerk to the Boa RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE CITY OF DUNN, AS MODIFIED (SOUTHEAST WATER AND SEWER DISTRICT OF HARRETT COUNTY) WHEREAS, the Board of Commissioners of the County of Harnett sitting as the governing body of Southeast Water and Sewer District of Harnett County (the "Board") has previously authorized Southeast Water and Sewer District of Harnett County (the "District") to enter into an Agreement with the City of Dunn as set forth in a resolution adopted by the Board on August 3, 1992; and WHEREAS, the City of Dunn has requested that said Agreement be modified such that Section VII(L) thereof shall read as follows: "L. Alternate Water Source. District agr~es to purchase water from City under the terms of this Section for a minimum period of ten (10) years, such period to commence on the date of the initial delivery of water to District. After said minimum period concludes, District, upon twelve (12) months written notice to City, shall have the option of ceasing to purchase water from the City as provided in this Section."; and \ WHEREAS, the Board agrees to the modification of said Agreement as hereinabove stated; and WHEREAS, attached hereto as Exhibit A and incorporated herein I by reference is a copy of said Agreement, as modified as hereinabove set forth; and WHEREAS, it is the desire of the Board to enter into said Agreement, as modified, and attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the County of Harnett sitting as the governing body of Southeast Water and Sewer District of Harnett County that: 737 1. Southeast Water and Sewer District of Harnett County shall and hereby does agree to enter into that Agreement with the City of Dunn, a copy of which is attached hereto as Exhibit A and incorporated herein by reference. 2. The Chairman of the Board, sitting as the governing body of the District, and the Clerk to the Board and of the District are hereby authorized and directed to execute the originals of said Agreement. Duly adopted this 17th day of August, 1992 upon motion made by Commissioner Titchener seconded by Commissioner Hudson and adopted by the following vote: Ayes 5 Noes o Absent o Board of Commissioners of the County of Harnett sitting as the governing body of Southeast Water and Sewer District of Harnett coun~ By ~ )J . . u..-J'- Ll Y G. Stewart, Chairman of the Board Atyst: () rJ..~.'oJi~"'/ Vanessa W. Young, I to the Board and f Southeast Water and Sewer District of Harnett County Exhibit A NORTH CAROLINA HARNETT COUNTY AGREEMENT of THIS AGREEMENT is made and entered into as of the day 1992, by and between the CITY OF DUNN, a municipal corporation organized and existing under the laws of the State of North Carolina (hereinafter sometimes referred to as "City") and SOUTHEAST WATER AND SEWER DISTRICT OF HARNETT COUNTY, a County water and sewer district organized and existing under the laws of the State of North Carolina (hereinafter sometimes referred to as "District"). WIT N E SSE T H: I THAT WHEREAS, District was created by the Board of Commissioners of the County of Harnett on August 15, 1988 and includes within its boundaries portions of Averasboro and Duke Townships, along with a certain area over which City exercises extraterritorial jurisdiction as is authorized under and pursuant to Article 19 of Chapter 160A of the General Statutes of North Carolina; and WHEREAS, City and District are interested in the orderly growth of the area included within City's extraterritorial jurisdiction, and in the development of District's water distribution facilities in a manner that is compatible therewith; and 738 WHEREAS, City and District have heretofore entered into an Agreement dated September 6, 1990 wherein a number of mutual agreements were made between the parties relative to the District and other matters; and WHEREAS, District and City now desire to set forth herein the remainder of their mutual agreements which are designed to provide for consistent and coordinated water facilities systems. NOW, THEREFORE, in consideration of the mutual representations, warranties, covenants and agreements contained herein and hereinafter set forth, City and District agree as follows: SECTION I SCOPE OF AGREEMENT This Agreement is intended to satisfy all concerns of the parties relative to the construction of District's water facilities and to set forth the understandings and agreements of the parties hereto with respect to the following matters: A. The designation of certain areas within the District where City will provide water service. B. The designation of certain upgrades and other modifications to be made to District's water facilities system. C. The provision for transfer of District's water customers to City upon annexation by City of areas where said customers are located. D. The connection of individual water meter services along the existing water pipeline located along U.S. Highway 301 north of Dunn. E. The sale of potable water to areas of the District located on the north side of Dunn. F. The various details and procedures to be utilized by District and City relative to the matters herein agreed upon. SECTION 11 DESIGNATION OF CITY WATER SERVICE AREA A. General. It is acknowledged by City and District that an area lies outside the perimeter of the corporate limits of the City of Dunn over which City, pursuant to N.C. Gen.Stat.S160A-360, exercises extraterritorial jurisdiction. City currently intends to annex into its corporate limits a portion of said area as hereinbelow described and as a result thereof would be responsible, among other things, for providing water service therein. In an effort to avoid duplication of facilities and in anticipation of such annexation, it is agreed between City and District that City, pursuant to this Agreement, will provide water services in said proposed annexation area. B. Desianation of Prooosed Annexation Area. The proposed area to be annexed into the corporate limits of the City of Dunn as mentioned above is that area generally known as Glover Estates, and for purposes of this Agreement and water service matters, shall include those properties lying adjacent to the following streets or roads: 739 1. That portion of SR 1715 (Meadowlark Road) which begins at its intersection with SR 1705 (Fairground Road) and runs in a northerly direction to its intersection with SR 1893 (Eldridge Street). 2. SR 1868 (Beale Street). I 3. 4. SR 1891 (Chelsea Street). SR 1892 (Beasley Street). 5. 6. SR 1893 (Eldridge Street). SR 1894 (Ann Street). C. Commencement of Service. District desires that water service in the area above identified be made available to customers therein within a time period substantially similar to the time period such services would have been available if provided by the District. City covenants with District that it will cause water service to be available to said area within that time period above specified. City further agrees to promptly notify in writing those potential water customers in the area described of its intention and agreements herein set forth. SECTION III UPGRADES TO DISTRICT SYSTEM A. General. Areas within the City's extraterritorial jurisdiction, other than the service area designated in Section II above, are anticipated to be annexed into the City limits at some future date. City and District have mutually agreed that certain upgrades should be made to the District's water facilities in such areas so as to eliminate duplicative efforts and costs associated with multiple pipelines and to provide for facilities at the current time which will meet the reasonable expected future needs of the parties. B. U09rades Specified. The following upgrades of the District's system shall be completed by the District as part of its water facilities project: 1. The pipeline to be installed adjacent to that portion of SR 1808 (Jonesboro Road) which begins at the intersection of SR 1808 and SR 1802 and runs eastwardly crossing Interstate Highway 95 to the intersection of SR 1808 and 1806 shall be increased in size from an eight (8) inch to a twelve (12) inch. 2. The pipeline to be installed adjacent to that portion of u.S. Highway 421 which begins at the intersection of u.s. Highway 421 and SR 1794 and runs northwardly to the intersection of U. S . Highway 421 and N. C. Highway 55 shall be increased in size from an eight (8) inch to a twelve (12) inch. 3. The pipelines to be installed adjacent to those roads indicated below shall be increased in size as required to add fire hydrants: a. That portion of SR 1851 which begins at its intersection with SR 1793 and runs westwardly to the point where said SR 1851 turns in a southerly direction. 740 b. That road designated as SR 1912 which begins at its intersection with SR 1793 and runs westwardly to its end. c. That road designated as SR 1913 which begins at its intersection with SR 1912 and runs southerly and then westwardly to its end. d. That road designated as SR 1866 which begins at its intersection with SR 17-93 and runs southwesterly to its end. e. That portion of SR 1873 which begins at its intersection with SR 17~5 and runs westwardly to the point where said SR 1873 turns in a southerly direction. C. Costs of UOQrades. The cost of the upgrading of the system of District as specified above, including the costs for acquisition and installation of fire hydrants and appurtenant equipment, shall be paid to District by City. Said cost shall be paid to District as provided in Section III (E) below. D. Determination of Cost of Uoarades. The cost of the upgrading of the system of District as specified above shall be the total of the following amounts: 1. The cost of increasing pipeline sizes as described in subsection III (B) above, which cost shall be calculated by multiplying that amount which is the difference between the unit prices of the originally required pipeline size and the increased pipeline size [as specified in the contract(s) with the successful bidder(s)] by the length of pipeline to be installed. By way of example, where original requirements were an eight (8) inch pipeline and the increased requirement is a twelve (12) inch pipeline, the difference in unit prices between the cost of an eight (8) and a twelve (12) inch pipeline [as specified in the contract(s) with the successful bidder(s)] will be multiplied by the length of pipeline involved; and 2. The cost of acquiring and installing fire hydrants as described in subsection III (B) above, as specified in the contract(s) with the successful bidder(s). 3. The cost of acquiring and installing valves and other appurtenant equipment necessary to complete the upgrades described. The cost of the u.pgrading of District's system shall be calculated by District's engineer as soon as practicable after contract(s) award, and thereafter promptly submitted to City. E. Time When Costs of Uparades Due. The cost of the upgrading of the system of District as specified above shall be due an payable to District by City as follows: One-third (1/3) thereof shall be due and payable within ten (10) days after the cost of the upgrades has been submitted to City. I One-third (1/3) thereof shall be due and payable within ten (10) days after notification to City by District that one-half (1/2) of the 741 project construction is completed. One-third (1/3) thereof shall be due and I payable within ten (10) days after notification to City by District that the project construction is substantially completed. City covenants that it currently has available for its expenditure sufficient funds to pay the costs of the expansions as set forth above, and agrees to supply to District, upon request, sufficient documentation to verify the same. F. Procedure Reaardina upgrade Construction. The upgrading of the system of District as set forth in this section shall be implemented as part of. the District's overall water facilities project, and as such the following provisions shall apply: 1. District shall cause its consulting engineer to design the system for District to include the upgrades herein described. Thereafter, the consulting engineer employed by District shall confer with the consulting engineer employed by City for the purpose of mutually agreeing to the engineering details of the upgrades. 2. The designs shall be submitted to the necessary federal, state and/or local governments and/or agencies as is required by law and District shall obtain approval therefrom for the same. 3. The project, including the upgrades herein set forth, shall be submitted and advertised for bids pursuant to applicable law. 4. The contract or contracts for the installation and construction of the water facilities for District, including the upgrades herein set forth, shall be awarded, pursuant to law, by District. The determination as to which bidder or bidders shall be awarded contracts shall be made by District. SECTION IV OTHER MODIFICATIONS TO DISTRICT SYSTEM A. General. As a result of negotiations between City and District and in an effort to complement the service areas of each, it is agreed that other modifications shall be made to the District's system. I B. Modifications Specified. The following modifications of the District's system shall be implemented by the District as part of its water facilities project: 1. The pipeline to be installed adjacent to SR 1715 shall extend from the intersection of SR 1715 and SR 1722 in a southerly direction to such point as will enable District to serve its most southerly water user along said road. 2. The pipeline to be installed adjacent to SR 1705 shall extend in a southerly direction from the intersection of SR 1705 and SR 1714 to such point as will enable District to serve its most southerly water user along said road. 742 3. The pipeline to be installed adjacent to that portion of SR 1712 which begins at the intersection of SR 1712 and u.s. Highway 301 and runs northwardly to the intersection of SR 1712 and SR 1711 shall be reduced in size from a twelve (12) inch to an eight (8) inch. 4. The pipeline to be installed adjacent to that portion of SR 1711 which begins at the intersection of SR 1711 and SR 1712 and runs westwardly to the intersection of SR 1711 and SR 1705 shall be reduced in size from a twelve (12) inch to an eight (8) inch. 5. The meter designated as Master Meter No.2 shall be moved from its original location along SR 1793 to a point along SR 1780 which is located west of the intersection of SR 1780 and u.s. Highway 301. 6. The pipeline. which was originally to be installed adjacent to that portion of SR 1793 which begins at the intersection of SR 1793 and SR 1851 and runs northwardly to the original location of Master Meter No.2 shall be deleted. 7. The pipeline to be installed adjacent to SR 1785 shall connect to the system of City at the City limits along said SR 1785 (without a meter) and shall run in a southerly and then southwesterly direction to such point as will enable District to serve its most southwesterly water user along said road. 8. The pipeline to be installed adjacent to SR 1791 shall connect to the system of City at the City limits along said SR 1791 (without a meter) and shall run ina southwesterly direction to a point east of SR 1002. SECTION V TRANSFER OF CUSTOMER SERVICES UPON ANNEXATION A. General. It is agreed that when territory within the boundaries of the District is annexed into the City, District water customer services located in such territory shall be transferred from District to City in accordance with this Section. B. Sale and purchase. upon annexation of District territory into the City, District agrees to sell to City and City agrees to purchase from District all water pipelines, mains, laterals, meters and appurtenant equipment (the water facilities) necessary to supply water to customers located within such territory. C. Purchase Price. The purchase price to be paid by City for the water facilities shall be that sum of money which equals the product of the number of District water customer services annexed multiplied by the principal amount of the debt which remains unpaid with respect to each such customer service. The principal amount of the debt which remains unpaid with respect to each such customer service shall be calculated by dividing the principal balance due on the District's debt by the number.of existing District water customer services (including those water customer services annexed) . The calculations above described shall be made based upon the principal balance due on the District's debt and the number of existing District water customer services as of the last day of the fiscal year during which an annexation becomes final as interpreted under North Carolina law. 743 D. pavment of purchase Price. The effective date of a I transfer of District water customer services from District to city shall be as of the last day of the fiscal year during which an annexation becomes final as interpreted under North Carolina law. The purchase price payment shall be made within thirty (30) days after the effective date above described. E. Procedure for Transfer of customer Services. 1. At such time as City determines that it desires to annex territory within the District where water service is provided by District, City shall thereupon provide the following information to District: a. A description of the territory to be annexed, together with a map or plat of such territory. b. The number of District water customer services located in the territory to be annexed. c. Estimated timetable to be utilized in processing and completing the annexation. d. Such technical information and data as is necessary to fully acquaint representatives of District with the physical plans of City related to District customer service transfers. 2. Upon review and evaluation of the information supplied by City, the appropriate District representatives shall advise City of any suggestions they may have relative to technical matters and the transition of services. 3. Representatives of District and City shall meet and mutually agree upon technical matters regarding the transfer of services and shall cooperate with one another to effectuate an orderly transfer of the service from District to City. F. Costs Associated with Transfer of Customer Services. City shall be responsible for designing and constructing and/or installing any water pipelines or mains, any master meter vaults and appurtenant equipment, together with any fees and costs associated therewith, necessary to effectuate the transfer of customer services as herein provided. Any costs incurred by District for disconnections, capping or similar work associated with the transfer of customer services shall be reimbursed to District by City upon billing. SECTION VI CONNECTIONS TO EXISTING P:PELINE LOCATED ALOPG HIGHWAY 301 NORTH A. General. Pursuant to agreement dated August 14, 1975 between City and the County of Harnett, (the "1975 Agreement") a water transmission line was constructed extending from Powell Manufacturing Company along U.S. Highway 301 North of Dunn to the Harnett-Johnston County Line. Said pipeline shall hereinafter be referred to as the "301 north pipeline." The same, pursuant to the 1975 Agreement, has been, and continues to be, maintained and operated by the City. Connections to the 301 north pipeline by District shall b d e ma e pursuant to and in accordance with the Section. 744 B. connections Durina Construction. It is agreed that as part of its implementation of its water facilities project, District shall provide for the installation of meter connections to the 301 north pipeline. Said installation shall be made pursuant to and in accordance with the following terms, conditions and procedures: 1. Said meter connections shall be made by the contractor(s) for each customer desiring water service during construction of District's water facilities project. Any customers served by such meter connections shall be and remain customers of District. 2. Such meter connections shall include a service lateral from the 301 north pipeline and a complete meter service facility. 3. District may charge and collect water connections fees for such meter connections as are described in this Section in accordance with its policies, rules and regulations. Such fees as are collected shall be retained by District. 4. City shall collect no fees or other charges for the meter connections as are described in the Section. City hereby expressly waives its right to charge and collect any fee or charge as set forth in the 1975 Agreement. 5. Such meter connections as are described in this section shall be completed in accordance with standard practices and procedures and approval for the same, where applicable, shall be obtained from the necessary federal and/or state governments and agencies. 6. Upon completion of a meter connection as described herein, the lateral and meter facility installed shall be and remain the sole and exclusive property of the District. The District shall own, operate and maintain the same as part of its water distribution facilities. District shall be entitled to collect and retain all revenues from customers served by the meter connections herein provided for. 7. City shall read meters installed pursuant to this section at no cost to District, and shall provide such meter readings to District for billing. 8. Water provided through such meter connection shall be delivered in accordance with Section VII hereof. C. Connections After Construction Comoletion. Connections made to the 301 north pipeline after completion of District's initial facilities project shall be made in accordance with subsection B of this Section, except that meter connections will be made by District or its operator. I SECTION VII ~ATER SALE TO DISTRICT City agrees to sell water to District pursuant to and in accordance with the following terms, conditions, and procedures: A. Ouality and Ouantity. City agrees to furnish District at the points of delivery hereinafter specified potable treated water meeting applicable purity standards of the Division of Health 745 I Services, Department of Environment, Health and Natural Resources of the State of North Carolina, in such quantity as may be required by the District. B. Points of Delivery. The water will be furnished to District at the following locations. 1. At a point located along SR 1780 which is located west of the intersection of SR 1780 and U.S. Highway 301. A Master Meter designated as Number 2 will be constructed and installed at this point. 2. At a point located along SR 1785 where City's existing pipeline terminates. There shall be no meter facility installed at this point. (See Section IV(B)(7) hereof). 3. At a point located along SR 1791 where City's existing pipeline terminates, there shall be no meter facility installed at this point. (See Section IV(B)(8) hereof). 4. At those points along U.S.Highway 301 North where individual service connections have been installed in accordance with Section VI of this Agreement. C. Pressure. The water will be furnished to District at the points designated in subsection B above at a reasonable constant pressure calculated at fifty (50) pounds per square inch at the points of delivery to the District. D. Meterina Eauipment. District shall furnish and install at its own expense the Master Meter to be located at the point designated in subsection B above. The same shall include the necessary metering equipment, including a meter house or pit, and required devices of standard type for properly measuring the quantity of water delivered to District. City will calibrate such metering equipment whenever requested by District, but not more frequently than once every twelve (12) months. A meter registering not more than two percent (2\) above or below the test result shall be deemed to be accurate. The previous readings of any meter disclosed by test to be inaccurate shall be corrected for the three (3) months previous to such test in accordance with the percentage of inaccuracy found by such tests. If any meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water delivered in the corresponding period immediately prior to the failure, unless City and District shall agree upon a different amount. City will operate and maintain at its own expense the Master Meter herein described. The metering equipment shall be read on the first day of each month by City. Appropriate officials of District shall have access to the meters at all reasonable times. E. Emergency Failures. Emergency failures of pressure or supply due to main supply line breaks, power failure, flood, fire, and use of water to fight fire, earthquake or other catastrophe shall excuse City from the provisions of this Section for such reasonable period of time as may be necessary to restore services. In such event, District shall have the right to obtain its supply of water from alternate sources until service is restored. F. Billina Procedure. City will furnish District not later than the fifth (5th) day of each month, with an itemized statement of the amount of water furnished the District (through those 746 individual meters referred to in Section VI hereof and those meter facilities and other points of delivery referred to in Section VII(B) hereof) during the preceding month. G. Rates and Pavment Date. District agrees to pay to City, not later than the twentieth (20th) day of each month, for water delivered in accordance with that schedule of rates, as adopted from time to time by the City, for bulk municipal (wholesale) customers. There shall be no minimum rate. H. Connection Fees. It is understood that no connection fee or fees or other charges shall be made to District for water connections made pursuant to this Agreement. I. Water Durina Construction. When requested by District, City will make avail~ble to District"and/or its contractor(s) at the point or points of delivery, or ocher points reasonably close thereto, water sufficient for testing, flushing and trench filling the system, facilities and/or water distribution line(s) of District during construction, irrespective of whether metering equipment has been installed at that time. Charges for water so made available shall be calculated based upon the rate stated in subsection G above. Such charges shall be paid by District. District may also obtain water during construction from other water sources. J. Ooerations and Temporarv Failures. City will, at all times, operate and maintain its system in an efficient manner and will take such action as may be necessary to furnish District with quantities of \"Tater .:equired by District. Temporary or partial failures tc. deliver water shall be remedied with all possible dispatch. In the event of an extended shortage of water, or the supply of water available to City is otherwise diminished over an extended period of time, the supply of water to District's consumers shall be reduced or diminished in the same ratio or proportion as the supply to City's consumers is reduced or diminished. In the event of system failures and/or diminution in water availability, District shall have the right to obtain its supply of water, or portion thereof, from alternate sources until service is restored. K. Modifications of Rates. The provisions of this Agreement pertaining to the schedule of rates to be paid by District for water delivered are subject to modification at the end of every fiscal yaar. Any in~r6as~ or decrea~e in rates shall be based on a demonstrab1a increase or decrease in the c~sts of performance hereunder. Such costs shall not include increased capitalization of City's water distribution system except as such costs relate directly to increasing the capacity of services to District. I L. Alternate Water- Source. District agrees to purchase water from City under the terms of this Section for a minimum period of ten (10) years, such period to commence on the date of the initial delivery of water to District. After said minimum period concludes, District, upon twelve (12) months written notice to City, shall have the option of ceasing to purchase water from City as provided in this Section. 747 M. Indemnification. City hereby agrees to indemnify and hold harmless District from and against all loss, costs, expenses, including attorney's fees, claims, suits and judgments whatsoever in connection with any sickness, injury to or death of any person or persons resulting from the delivery of contaminated water or water containing contaminants and/or impurities to District. I SECTION VIII CITY TO CONSTRUCT ELEVATED WATER STORAGE TANK It is acknowledged by City that it currently does not have sufficient hydraulic capacity to maintain satisfactory water pressure in all areas of the District. In order to correct this insufficiency, City agrees to construct and install an elevated water storage tank in the vicinity of the Mary Stewart School. It is anticipated that the construction of said water storage tank will be concurrent with the construction of the District's water facilities, such that sufficient water will be available in a satisfactory manner for District customers when needed. However, in the event water is not available in such manner when needed, District shall have the option and privilege of obtaining water from other sources until sufficient and satisfactory water is available from City. SECTION IX METER READING SERVICE PROVIDED BY CITY It is agreed that City, at no cost to District, shall read District's meters located as follows: A. Those meters installed along U.S. Highway 301 North pursuant to Section VI of this Agreement. B. Those meters installed along the pipeline to be constructed adjacent to SR 1785 as the same is described in Section IV(B)(7) hereof. C. Those meters installed along the pipeline to be constructed adjacent to SR 1791 as the same is described in Section IV(B)(8) hereof. D. Those meters installed along the pipeline to be constructed adjacent to SR 1873 as the same is described in Section III(B)(3)(e) hereof. Upon reading said meters, City shall supply the meter readings to District for billing. SECTION X FUTURE WATER TRANSMISSION I It is agreed that City shall have the right to transmit water through the system of the District, and that District 'shall have the right to transmit water through the system of the City. There shall be no cost for such transmissions, except that any modifications made to the system through which the transmission is made shall be paid by the transmitting party. SECTION XI FmHA APPROVAL The construction of the water supply distribution system of the District will be financed by a loan made or insured by, and/or a grant from the Farmers Home Administration of the United States Department of Agriculture (the "FmHA"), and the provisions of this Agreement pertaining to the undertakings of the District are conditioned upon the approval, in writing, of the appropriate official(s) of the FmHA. 748 SECTION XII GENERAL PROVISIONS A. This Agreement shall be effective on a continuing basis until terminated by mutual agreement of the parties. B. This Agreement may be modified or altered upon the mutual written agreement of the parties hereto. C. The covenants and agreements contained in this Agreement are binding on the parties hereto and their successors, assigns and legal representatives. D. This Agreement is subject to such rules, regulations, statutes and/or laws as may be applicable to such or similar agreements in this State and the parties hereto agree to collaborate when necessary to obtain such permits, certifications, or the like, as may be required to comply therewith. I E. Whenever, in the course of performing the various terms of this Agreement, it becomes necessary for the parties to make determinations with respect to certain details not specifically provided for herein, such as inspections, system testing or the like, appropriate representatives of the parties may collaborate and mutually agree upon such matters, without need for the amendment or modifications hereof. F. Any notice to be given hereunder to City shall be made in writing and mailed by first class mail to City of Dunn at the following address: Post Office Box 1065 Dunn, NC 28334 Any notice to be given hereunder to District shall be made in writing and mailed by first class mail to the Southeast Water and Sewer District of Harnett County at the following address: Post Office Box 759 Li11ington, NC 27546 G. The City and District represent and warrant, each to the other, the existence of all capacity, authority, resolutions and actions necessary to execute this Agreement. H. This Agreement is executed in duplicate originals, one of which is retained by each party hereto. Executed by the City of Dunn, , 1992. this day of THE CITY OF DUNN BY: Oscar N. Harris, Mayor I Attest: Donna M. Lockamy, Clerk 22 I Attachment 4. 749 Executed by the Southeast Water and Sewer District of Harnett County this ____ day of , 1992. Southeast Water and Sewer District of Harnett County By: Lloyd G. Stewart, Chairman Board of Commissioners of the County of Harnett sitting as the governing body of the Southeast Water and Sewer District of Harnett County Attest: Vanessa W. Young, Clerk to the Board and of the Southeast Water and Sewer District of Harnett County This Agreement is approved on behalf of the Farmers Home Administration this day of , 1992. By: Title: STATE OF NORTH CAROLINA COUNTY OF HARNETT RESOLUTION THAT WHEREAS, Flatwoods and Bunnlevel Fire Departments, Inc., formerly Flatwoods community Fire Department, Inc., has a contract with the County of Harnett for the providing of fire protection services within a portion of said county: and WHEREAS, the County of Harnett has been requested to approve the undertaking by said department of an obligation in the amount of approximately Three Hundred Thousand Dollars ($300,000.00) in connection with the acquisition of two pieces of fire fighting equipment: and WHEREAS, the County of Harnett is desirous of providing such approval under the terms an~ =onditions of this resolution: NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY OF HARNETT, ACTING BY AND THROUGH ITS BOARD OF COMMISSIONERS, that the incurring of an obligation by Flatwoods and Bunnlevel Fire Departments, Inc., in the amo~nt of approximately Three Hundred Thousand Dollars ($300,000.00) for the purpose of acquiring two pieces of fire fighting equipment as heretofore outlined and described to said county shall be and same is hereby approved, subject to the following restrictions and conditions: 1. That the approval hereby given shall not constitute a commitment, representation or obligation of any sort whatsoever on the part of the County of Harnett to be responsible for or to payor repay all or any portion of any indebtedness incurred by Flatwoods and Bunnlevel Fire Departments, Inc., as herein referenced or otherwise. 2. That the approval hereby given shall not constitute a commitment, representation or obligation of any sort whatsoever on the part of the County of Harnett that any funding will be provided to Flatwoods and Bunnlevel Fire Departments, Inc., in any year in the future, or that the County of Harnett will levy, impose or collect any tax in any specified or designated amount whatsoever in the future. This the 17th day of August, 1992. HARNETT COUNTY BOARD OF COMMISSIONERS By: Attest: ~' li.r.~~", \!--^) . (;\/i/e , Vanessa W. Young), Cl~rk 750 Attachment 5. RESOLUTION AWARDING CONTRACT (Library Automation Project) THAT WHEREAS, the Board of Commissioners of the County o~ Harnett (hereinafter sometimes referred to as the Board) by resolution adopted at its meeting February 3, 1992, authorized the advertisement for bids for a contract to install an integrated library system located at each public library in Harnett County (Angier, coats, Dunn, Erwin, Lillington): and WHEREAS, pursuant to said appropriate representatives of the advertise bids for said contract provided by law: and WHEREAS, sealed bids were received by the county of Harnett until 12:00 o'clock p.m. on July 15, 1992, and thereafter said bids were opened: and authorization, the county of Harnett did according to and as WHEREAS, the Board has now received from the Harnett County Library Board of Trustees, the results from the public bids on said contract: and WHEREAS, the discussion among the Automation Consultant, Library Staffs, and the Library Board has recommended award of the Contract to the lowest responsible bidder which has presented a legally sufficient bid based on acceptance of ~he proposal that will result in the best pricing available to the County of Harnett: and WHEREAS, the Board considers it in the best interest of the County of Harnett to proceed with the acceptance of the lowest contract proposal, to award said contract and make provisions for execution of such documents as are required related thereto section 1: The contract for the installation and maintenance of said integrated library system shall be and is hereby awarded to Geac Computers, Inc., Dallas, Texas for the total bid amount of $85,398. NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett that section 2: The appropriate representatives of the County of Harnett shall prepare and otherwise provide contract documents for execution. section 3: Upon review and approval of said contFdct documents by the County of Harnett Attorney! ~he Chairman of the Board of Commiss:.oners is hereby authorized and directec to execute the same for and in behalf of the county of Harnett. Section 4: The County Manager is authorized to execute a Notice of Award and such other documentation as is necessary to commence work on the contract. Duly adopted this the 17th motion made by Commissioner seconded by Hi II the following vote: day of August, 1992 upon Titchener , and adopted by AYES 5 NOES 0 ABSTAINED 0 ABSENT 0 - I HARNETT COUNTY BOARD OF COW1ISSIONE~S ATTEST: 751 . ~',. Attachment 6. STATE OF NORTH CAROLINA COUNTY OF HARNETT RESOLUTION ACKNOWLEDGING OCTOBER 4. 1992 AS NATIONAL FALLEN FIREFIGHTERS DAY '";', THAT WHEREAS, the firefighters of Harnett County numbering in excess of 600 provide professional . unselfis4 and dedicated service to the citizens of Harnett County, North Carolina; and .' ' WHEREAS. these firefighters answer the call to alarm without regard to time of day, weather or other personal desires, or danger to their persons; and WHEREAS, firefighting has been determined to be the mo~t hazardous of occupations and that firefighters, both career and volunteer, will suffer [he loss of more than 100 ~f th~ir brother and sister firefighters this year; and NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett that October 4. 1992 be acknowledged as National Fallen Firefighter's Day in ord~r to pay homage to the fallen firefighters in North Carolina, and other states who unselfishly and without hesitation made the supreme sacrifice to come to the aid of another, and by doing so have answered their final alarm and that a copy o~ this resolution should be entered into the regular minutes of this meeting and copies shall be distributed to the media for distribution to the general public. Duly acopted this 17th day of August, 1992. HARNETT COUNTY BOARD OF COMMISSIONERS BY'~ /:I ~ , 1 yd-'G. Stewart, Chairman ATTEST: " i':-~ '&J. ~" ^'tJ; Vanessa W. You ,C rk SEAL OF THE COUNTY OF HARNETT, STATE OF NORTH CAROLINA Attachment 7. '., STATE OF NORTH CAROLINA COUNTY OF HARNETT RESOLUTION ACKNOWLEDGING OCTOBER 4-10, 1992 AS NATIONAL FIRE PREVENTION WEEK THAT WHEREAS. in 1871, a fire in Chicago, Illinois known as the "Great Chicago Fire" took 250 lives and destroyed 17 43~ ~ui1dings; and WHEREAS, in 1911, the Fire ~~~stal's Association of North America first designated ~~~ an~iversary of this trageay Fire Prevention Day. dedica~ej to encouraging fire safety; aid WHEREAS, in 1922. President Warren G. Harding proclaimed National Fire Prevention Week and that the National Fire Protection Association is the official sponsor of National Fire Prevention Week; and '. WHEREAS, the theme of Fire Prevention Week 1992 is "Test Your Detector It's Sound Advice" in response to statistics which indicate that 33% of current residential smoke detectors do not operate properly: NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett that October 4-10, 1992 is acknowledged as Fire Prevention Week in Harnett County and that all citizens who own smoke detectors should take the necessary time to test their smoke detectors to insure proper operation and that a copy of this resolution should be entered into the regular minutes of this meeting and copies shall be distributed to the media for distrib~tion to the general public. 752 '. . ". Attachment 8. ',' '" " Duly adopted this 17th day of August. 1992. HARNETT COUNTY BOARD OF COMMISSIONERS By: ATTEST: ~;j'~~rk SEAL OF THE COUNTY OF HARNETT. STATE OF NORTH CAROLINA HARNETT COUNTY NORTH CAROLINA RESOLUTION NAMING MEMBER OF THE AVERASBORO TOWNS~IP TOURISM DEVELOPMENT AUTHORITY THAT WHEREAS, the North Carolina General Assembly did, on the 5th day of May, 1987, ratify legislation entitled "An Act to Authorize the Levy of a Room Occupancy and Tourism Development Tax in Averasboro Township in Harnett County"; and WHEREAS, the Harnett County Board of Commissioners by resolution adopted on July 6, 1987, did levy the tax therein authorized in Averasboro Township, Harnett County, North Carolina, effective on the 1st day of September, 1987; and WHEREAS, in said resolution so adopted on July 6, 1987, the Harnett County Board of Commissioners established the Averasboro Township Tourism Development Authority as provided in the above referenced act of the North Carolina General Assembly; and WHEREAS, the Harnett County Board of Commissioners is charged with the responsibility of appointing the members of such Tourism Development Authority as prescribed in the above referenced act; and WHEREAS, the Dunn Area Chamber of Commerce has submitted the name of Mr. Lee Toler, of Ramada Inn, to replace Mr. Ratnam Patte! who has resigned due to relocating to Virginia. NOW, THEREFOhE, BE IT RESOLVED by the Harnett County Board of Commissioners that Mr. Lee Toler, of Ramada Inn, shall be and is hereby appointed to serve as a member of said Authority. Duly adopted by the Harnett County Board of Commissioners this 17th day of August, 1992. HARNETT COUNTY BOARD OF COMMISSIONERS ~.~ l;J ~~( - Ll d G. Stewart, Chairman ATTEST: I to the Board Attachment 9. Attachment 10. I 753 HARNETT COUNTY NORTH CAROLINA RESOLUTION BE IT RESOLVED THAT the Harnett County Board of Co~uissioners do hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State's Secondary Road System for maintenance, the below listed streets: Captain's Landing Subdivision Jasmine Street, Royal street, Keelboat Lane and Entrance Road into Captain's Landing Subdivision Adopted this 17th day of August, 1992. HARNETT COUNTY BOARD OF COMMISSIONERS ~/7~ lo G. Stewart, Chairman ATTEST: -...L.4./.i '--I Vai:~ssC:: W. FROM: E. Marshall Woodall, County Tax A',:;:ozoney RE: MONTHLY REPORT TO COMMISSIONERS AND STATEMENT OF FEES AND CHARGES FOR THE MONTH OF JULY 1992 1. Tax Suits Dismissed: NAME SUIT NO. *AMOUNT COL. **COURT COSTS ATTORNEY FEES Stewart's Creek Township Elliott, Mary 83 CvD 0968 692.77 176.00 125.00 Buckhorn Township Griffin, Johnny 92 CvD 0707 266.56 1,647.71 200.00 Barbecue Township Campbell, Richard 91 CvD 0843 1,615.60 288.47 225.00 UPger Little River Baker, Everett No CvD 748.38 262.31 200.00 Grove Township Honeycutt, Vera 92 CvD 0852 2,015.00 265.02 200.00 Lil1inaton Township Mitchell, Faye No CvD 2,486.19 125.00 125.00 Averasboro Township Wilson, Anna 91 Cv9 0256 1.366.96 10,572.61 675.22 350.00 Subtotal 2,058.58 1,425.00 Total collected includes taxes, interest and Court costs. Court costs includes attorney fees allowed by Court. Additional Attorney's Fees: None NOTE: * ** '~(~TA,L t T'T'lR.~-q~y' S f.i'EFS $1,425.00 754 Attachment 11. 2. Advanced DATE 7-8-92 Costs: EXPLANATION Sheriff of Lee County - service Everett Baker - 92 CvD 0817 fee 7-16-92 Li11ington Postmaster - service fee William Byrd - 92 CvD 0848 J Sheriff of Cumberland County - service fee - Edward Blackman - 92 CvD 0849 7-16-92 7-17-92 Li11ington Postmaster - service fee Vera Honeycutt - 92 CvD 0852 Sheriff of Wake County - service fee Vera Honeycutt - 92 CvD 0852 Clerk, u.s. Bankruptcy Court research fee - William Byrd 92 CvD 0848 7-17-92 7-22-92 TOTAL ADVANCED COSTS 3. New Suits Started during the month of July, 1992 Upper Little River Arnold, Wilbert Lee Baker, Everett N. Anderson Creek Township Byrd, William K. Barbecue Township B1ac~~an, Edward M.: Cr. Grove Townshi,~ Honeycutt, P.K., Jr. SUMMARY OF CHARGES & FEES Attorney's fees - Tax Suits Advanced Costs BALANCE DUE ~d-a~L ;J~,-^- E. Marshall Woodall Post Office Box 39 Li11ington, NC 27546 Telephone: (919) 893-5191 HARNET'l' COUNTY NORTH CAROLINA RESOLUTION THAT WHEREAS, The property listed below has a value less than $10,000; and WHEREAS, G.S. 160A-266 and G.S. l60A-270 (b) permits the sale of personal property at pUblic auction upon expiration of ten days after publication of the resolution authorizing the sale. NOW, THEREFORE, BE IT RESOLVED BY THE H~RNETT COUNTY BOARD OF COMMISSIONERS THAT: A. The following described property be and it is hereby declared surplus property; and B. Dallas H. Pope, County Manager, be and he is hereby authorized to sell the following described property at public auction to be held on Saturday, October 3. 1992, at 9 a.m. at the Harnett County Garage Complex located on SR 20l6, McNeill Street (Prison Camp Road) in Lillington, North Carolina: 1. Monitors (1) Xtron (1) TeAas Instrument (1) Samsung 2. Keyboards ( 1) IBH ( 1) Tandy ( 1) BTC 3. 150 w. Power Supply (1) 4. Tandon Disk Drive 5 1/4" dsdd 5. Sanyo Disk Drive 5 1/4" dsdd 6. Calculators (1) Olympia (1) Sharp (3) Various 7. Typewriters (l)IBH Selectric II (2)Manual Royal (3) IBM 8. Filing System (1) 9. Projectors 8mm (1) Sears (1) Bell & Howell 10. Slide Trays (3) Kodak ll. Answering Machine (1) Answer PC (1) 12. Desk Lamps (2) Dra:ting Table Lamp (1) CHARGE 10.00 10.04 10.00 5.02 10.00 15.00 $60.06 1,425.00 60.00 $1,485.06 I 13. 14. 15. 16. 17 . 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 7.1. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. I 755 Stamping Machines (2) Bates Recorder reel-to-ree1 (1) Sony Rolodex wheels (1) Record shift-dex card binders (1) Refrigerator (1) General Electric Stove (1) General Electric Microwave Ovens (1) Kenmore (1) Tappen Secretary Chairs (4) Metal Folding Chairs (6) Metal Straight Chairs (6) Roller Base for Rolling Chair Riding Lawnmower (1) Lowes 12 Push Lawnmowers (1) Kee (2) 8 ft. Tine Harrow (1) Jig Saw (1) Weedeaters (1) Tool Box (1) Drill (1) Vacuum Cleaners (3) Chair Dollie (1) Various Old Doors Swivel Secretary Chairs (2) Brown (1) Mohogany Executive Conference Desk (1) Brown File Cabinets (4) 4-drawer Coat Rack (1) Various Chairs (3) Virco Black (2) Blue Tent Wooden File Cabinet (1) Old File Cabinet 1-drawer \'lhee 1 Chair Room Dividers (6) Echo Chain Saw Odd Miscellaneous Items T.V. (1) Zenith Color (1) Kenwood Color (l)Teknika Co1 T.V. (1) Emerson (1) Magavox VCR's "(1) Fisher (1) Portvideo (1) Sanyo Cassette Deck and AM/FM Tuner (1) Fisher Dual Cassette - AMIFM Radio (1) Lloyds Cassette Decks (1) Kenwood (1) Technics Dual Cassette Tape Deck (1) Onkyo AMPIStereo (1) Onkyo Tuner (1) Onkyo Power Amps (1) Onkyo (1) Kenwood Turntables (1) Scott (1) Kenwood Receiver (1) Scott AM/FM Recorder (1) Soundex Mixer - Mic (1) Realistic Audio Master (1) Numark Record Player (1) Sound Design Auto Radio (1) Pyramid C.B. Radio (1) Hyrang Compact Disc Player (1) Pioneer Stereo (1) General Electric Scales (1) Ohaus Smoke Alarms (10) Fiberglass tray 37"1 x 25"W x 4 1/4"0 (1) Shel1yglass silverware cart wlwheels (1) Golf Clubs wIred bag (1) Status - 2 Oscilloscope (1) Hea1thkit Trumpet (1) Stradivarius Pool Stick (1) Cooler -Igloo (1) Cartons of Cigarettes (16) Marlboro Bag of Unclaimed Property Gallon of Antifreeze (1) Zerex Quarts of Valvoline Motor Oil (16) Approx 200 Used Tires Eagle GT Goodyear Bicycle - Jamis Girls 26" (pink) Bicycle - Huffy Boys 24" (white) 4 Wheeler - Yamaha (blue) SIN 2HX-055874 1977 Ford Ranger F100 SIN F10GNAH5075 1983 Chev. Camaro SIN 1G1AP8752DN133429 1985 Ford LTD SIN 1FABP39M0FG214424 1986 Ford LTD Crown Vic SIN 2FABP43G0GX174379 1986 Ford LTD Crown Vic SIN 2FABP43G9GX174378 1986 Ford Mustang SIN 1FABP28M4GF293521 1988 Chev Caprice SIN 1G1BL5163JA147692 1988 Chev Caprice SIN 1G1BL5165JA147466 1985 Ford Econo1ine Ambulance SIN 1FDHS34L8GHC15569 Hunting Knife (1) Weapon - Smith & Wesson 38 Ca1. Pistol SIN J505003 Weapon - Smith & Wesson 38 Ca1. wI holster SIN J586689 Weapon - Smith & Wesson 38 Cal. Pistol SIN 419985 Weapon - Exam 25 Ca1. Pistol (Semi-Auto) SIN M32901 Weapon - Raven 25 Cal. Pistol (Semi-Auto) Weapon - Smith & Wesson 32 Cal. Revolver SIN 66728 Weapon - Colt 32 Ca1. Pistol (Semi-Auto) SIN 485546 Weapon - Smith & Wesson 357 Ca1. Pistol SIN AWH3500 Weapon - Llama 9mm Semi-Auto SIN B12189 Weapon - Ruger 44 Magnum Revolver SIN 84-22436 Weapon - Beretta 92F 9mm Semi-Auto Handgun SIN C-84291Z Weapon - Navy Arms Black Powder Pistol SIN 104941 Weapon - Stevens 22 Cal. Rifle (Bolt Action) SIN ( 1 ) h.p. (gray) Toro 756 106. Weapon - Glendfield 22 Cal.Rifle Semi-Auto SIN 2498922 107. Weapon - J.C. Higgins 22 Ca1. Rifle (Bolt Action) 108. Weapon - H & R 22 Cal. Rifle (Bolt-Action) 109. Weapon - Harlin 22 Cal. Rifle (Semi-Auto) SIN 13304906 110. Weapon - Harlin 22 Ca1. Rifle (Semi-Auto) SIN 13372607 111. Weapon - Harlin 30/30'Cal. Rifle WIScope SIN 24149440 112. Weapon - Harlin 30/30 Cal. Rifle 113. Weapon - Tech 9 Semi-Automatic Rifle SIN 003530 114. Weapon - Kassnar 22 Cal. Rifle SIN A285127 115. Weapon - H & K Model 93 Assault Rifle SIN A123240 116. Weapon - Western Field Shotgun SIN 40943B 117. Weapon - Iver & Johnson 410 Shotgun 118. Weapon - Stevens 410/22 Shotgun OverlUnder SIN D5419B4 119. Weapon - Mosseberg 12 Ga. Pump Shotgun SIN K253637 120. Weapon - Stevens 12 Ga. Pump Shotgun SIN E804128 121. Weapon - Sears 12 Ga. Automatic Shotgun SIN Q92149 122. Weapon - Winchester 12 Ga. Pump Shotgun SIN L1852405 123. Weapon H & R 410 Ga. Shotgun Duly adopted this tbe 17th day of August, 1992. HARNETT COUNTY BOARD OF COMMISSIONERS ~~!4~ Ll yd G. Stewart, Cha1rman ATTEST: o the Board I