04051993
~-
118
HARNETT COUNTY BOARD OF COMHISSIONERS REGULAR MEETING, APRIL 5, 1993
The Harnett County Board of Commissioners met in regular session on
Monday, April 5, 1993, in the Commissioners Meeting Room, County
Office Building, Lillington, North Carolina.
Members present: H. L. Sorrell, Jr., Chairman
Beatrice Bailey Hill, Vice-Chairman I
Dan B. Andrews
Joseph T. Bowden
Walt Titchener
Staff present: Neil Emory, County Manager
Tony Wilder, Assistant County Manager
Dwight W. Snow, County Attorney
Vanessa W. Young, Finance Officer & Clerk to the Board
Kay S. Blanchard, Recording Secretary
Chairman Sorrell called the meeting to order at 9 a.m. and offered the
invocation.
Commissioner Andrews moved that the following five items be added to
the published agenda:
1. Proposed appointment of John Moore to the Emergency Services
Council
2. Proposed resolution regarding sale of county property obtained by
foreclosure
3. Public Hearing on grant application for Transportation Department
4. Proposed motor vehicle tax appeal board
5. Proposed appointment of Tom Cooley to Harnett County Economic
Development Board
Commissioner Hill seconded the motion to add these items to the
agenda and it passed with a unanimous vote.
Upon motion made by Commissioner Bowden and seconded by Commissioner
Andrews, the Board voted unanimously to approve the following items
CONSENT AGENDA from the Consent Agenda:
APPROVED
MINUTES: Regular Meeting, March 15, 1993
Special Meeting, March 22, 1993 I
BUDGET AMENDMENTS:
Public Utilities
Code 72-9016-050 Meters-WC II 3,000. increase
72-9016-080 Contingency-WC II 3,000. decrease
Social Services
Code 10-7710-1500 CP&L Project Share 2,200. increase
Revenue: 10-3480-0010 Social Services-Admin. 2,200. increase
Help Net
Code 10-7301-003 Salaries & Wages/Part-time 6,950. increase
10-7301-005 FICA Tax Expense 532. increase
10-7301-074 Capital outlay-Equipment 500. increase
10-7301-033 Materials & supplies 918. increase
10-7301-014 Travel & Meetings 1,500. increase
10-7301-010 Employee Training 500. increase
10-7301-011 Telephone & Postage 1,000. increase
10-7301-012 Printing & Binding 3,100. increase
10-7300-003 Salaries & Wages/part-time 6,950. decrease
10-7300-005 FICA Tax Expense 532. decrease
10-7300-074 Capital outlay-Equipment 500. decrease
10-7300-033 Materials & Supplies 918. decrease
10-7300-014 Travel & Meetings 1,500. decrease
10-7300-010 Employee Training 500. decrease
10-7300-011 Telephone & Postage 1,000. decrease
10-7300-012 printing & Binding 3,100. decrease
Transportation I
Code 10-5551-0451 ED & M-Tap 12,916. increase
Revenue: 10-3480-066 Transportation Dev. Plan 12,916. increase
Dept. of Human Resources
Code 10-7400-003 Salaries & Wages/Part-time 187,336. increase
10-7400-005 FICA Tax Expense 14,331. increase
10-7400-007 Retirement Expense 1. increase
10-7400-010 Employee Training 1,000. increase
10-7400-011 Telephone & postage 500. increase
10-7400-013 Utilities 500. increase
10-7400-014 Travel & Meetings 2,800. increase
10-7400-032 Workforce '91 1,000. decrease
f 10-7400-038 SYP 46,052. increase
10-7400-045 Contracted Services 16,714. increase
10-7400-072 Support Services 8,300. increase
Revenue: 10-3480-060 Manpower Program 276,534. increase
lIJ'':: :,~~'.";~; ;F~~~'f'~ ,jj",::~~~"-''''1,',\ - --.. ---.. "-,
119
APPOINTMENT APPOINTMENT: Commissioner Joseph Bowden to Transportation Advisory
Committee Fayetteville Urbanized Area to replace Bill Shaw
PROPOSED APPOINTMENTS: (which will be considered at the next regular
I Board meeting)
1. Shirley Phillips, Rt. 6, Sanford, to Library Board to replace
John F. Allison
Mid-Carolina Reqional Development Authority
2. Thomas E. Meece, Jr. , Industrial Development Director
3. John Q. Shaw, United Carolina Bank, Dunn
4. Stuart Stovall, Ace Hardware, Angier
5. Darel Hurley, Southern National Bank, Lillington
6. N. Earl Jones, Attorney, Coats
APPROVED APPLICATION TO APPLICATION to join National Organization on Disability approved.
JOIN NATIONAL ORGANIZATION
ON DISABILITY PERMIT for fireworks display for General Lee Celebration approved.
RSVP MEMORANDUM OF UNDERSTANDING for Retired Senior Volunteer Program
approved.
LEASE AGREEMENT FOR RENEWAL OF LEASE AGREEMENTS:
HEALTH DEPT. OFFICE SPACE 1. Center Heating and Air Conditioning, Inc. for office space
for Health Department
2. Ralph and Margaret Mangum for Johnsonville Convenience Center
LEASE AGREEMENT FOR site.
JOHNSONVILLE SITE Informal comments were provided by the following citizens:
1. Lawrence Buie - Cypress Creek Church area
2. Floyd Hein - Anderson Creek area - requests accurate minutes of
INFORMAL COMMENTS E & R meetings
3. Roger Pearson, Rt. 6, Fuquay-Varina - dry tap policy
4. Charles Meeks, Anderson Creek area - requested leash law for dogs.
NANCY BAYLES RETIREMENT Jack Bryan, Director, Department of Social Services, presented for the
I Board's consideration a resolution recognizing Nancy Bayles on her
retirement. Commissioner Titchener moved for adoption of the
resolution. Commissioner Bowden seconded the motion and it passed
with a unanimous vote. Chairman Sorrell presented the resolution to
Mrs. Bayles. The resolution is copied in full at the end of these
minutes as Attachment 1.
PAT MCDONALD RETIREMENT Jack Bryan, Director, Department of Social Services, presented for the
Board consideration a resolution recognizing Pat McDonald on her
retirement. Commissioner Bowden moved for adoption of the resolution.
Commissioner Andrews seconded the motion and it passed with a
unanimous vote. Chairman Sorrell presented the resolution to Mrs.
McDonald. The resolution is copied in full at the end of these
minutes as Attachment 2.
CRAINS CREEK FIRE DIST. Lee Sudia, Fire Marshal, presented for the Board's consideration a
proposed ordinance amending the district boundaries of the Crains
Creek Fire District in Harnett County. Commissioner Andrews moved for
adoption of the ordinance. Commissioner Titchener seconded the motion
and it passed with a unanimous vote. The ordinance is copied in full
at the end of these minutes as Attachment 3.
CIRCLE V FIRE DISTRICT Lee Sudia, Fire Marshal, presented for the Board's consideration a
proposed ordinance establishing the Circle V Fire Insurance District
in Harnett County, including the Cypress Creek Special Service
District. Commissioner Bowden moved for adoption of the ordinance.
Commissioner Andrews seconded the motion and it passed with a
unanimous vote. The ordinance is copied in full at the end of these
minutes as Attachment 4.
RESOLUTION ACCEPTING BID Jerry Blanchard, Director, Solid Waste Management, presented for the
I FOR EXCAVATOR FOR LAND- Board's consideration a resolution accepting bid of one used hydraulic
FILL excavator for use in the County landfill operation. Commissioner
Titchener moved for adoption of the resolution. Commissioner Bowden
seconded the motion and it passed with a unanimous vote. The
resolution is copied in full at the end of these minutes as Attachment
5.
DEMOLITION GRINDER Jerry Blanchard, Director, Solid Waste Management, presented for the
Board's consideration a resolution accepting bid of one material
demolition grinder. Commissioner Titchener moved for adoption of the
resolution. Commissioner Bowden 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.
120
...
TAX REFUNDS Bobby Wicker, Tax Administrator, presented for the Board's
consideration the following tax refund requests:
1. Tommy G. Stephens, Rt. 2, Angier $37.50
2. Mark Alton Wicker, Lillington 23.10
3. Dallas & Patsy West, Rt. 1, Spring Lake 1,427.75
4. Estella & B. Speaks, Hyattsville, MD 37.50 I
5. Lucy F. Wilburn, Rt. 1, Lillington 37.50
Commissioner Andrews moved for approval of the above listed tax
refunds. Commissioner Bowden seconded the motion and it passed with a
unanimous vote.
AUTHORIZATION TO ESTAB. Bobby Wicker, Tax Administrator, briefed the Board concerning the need
INFORMAL TAX OFFICE for an informal tax office appeal board to hear citizens' appeals
APPEAL BOARD regarding values assigned to vehicles. Commissioner Andrews moved
that such a board be created with the understanding that the tax
office appeal board meets all requirements of the General Statutes.
Commissioner Bowden seconded the motion and it passed with a unanimous
vote.
APPROVAL FOR BD. OF ED. Neil Emory, County Manager, presented a request from Harnett County
TO SELL PROPERTY Schools for approval to sell .05 acres of land. Commissioner Bowden
moved that the Board of Commissioners approve the request and waive
its right to purchase the .05 acres of land located on the
nor;:heastern corner of the Harnett Central High School campus.
Commissioner Andrews seconded the motion and it passed with a
unanimous vote.
CORRECTIVE ACTION PLAN Neil Emory, County Manager, presented a proposed corrective action
FOR DSS plan relating to Department of Social Services facility needs. The
plan addresses both long-term solutions as well as short-term
corrective actions. Commissioner Bowden moved for approval of the
plan as presented. Commissioner Hill seconded the motion and it
passed with a unanimous vote. The corrective action plan is copied in
full at the end of these minutes as Attachment 7.
TERMINATION OF FEE Neil Emory, County Manager, requested authorization to terminate I
FOR FAX MACHINE USE existing fee structure for use of fax machine in the Procurement
Department. Mr. Emory stated that at this time the fax is used for
internal purposes and the charge of $2.00 per page has proven to be
simply an internal transfer of County funds. Commissioner Hill moved
that the existing fee structure adopted November 4, 1991, be
terminated but that Procurement monitor use to ensure the service is
not abused. Commissioner Bowden seconded the motion and it passed
with a unanimous vote.
JOHN MOORE APPOINTED TO Commissioner Andrews moved for appointment of Mr. John Moore, Angier,
EMER. SERVo COUNCIL to the Emergency Services Council. Commissioner Titchener seconded
the motion and it passed with a unanimous vote.
RESOLUTION TO SELL Marshall Woodall, Tax Attorney, presented for the Board's
PROPERTY OBTAINED BY consideration a Resolution Accepting Offer to Sell Real Property
FORCLOSURE Purchased at Tax Foreclosure Sale. Commissioner Bowden moved for
adoption of the resolution. Commissioner Andrews 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.
PUBLIC HEARING ON Chairman Sorrell called to order a public hearing on the proposed
Transportation for the Elderly and Disabled Program. Jerry Blanchard,
TRANS. FOR ELDERLY Transportation Director, presented the proposed project to update the
current vehicles due to high mileage in excess of 120,000 miles. The
total cost of the project is estimated to be $91,120 with 70% to be
provided by the Federal Transit Administration, 15% by the North
Carolina Department of Transportation, and 15% local matching share to
be the responsibility of local funding. The proposed project is in
conformance with the 1993-94 Harnett County Transportation Department
Plan. Mr. Blanchard stated the that the purpose of the public hearing
was to obtain comments from the public concerning the proposed I
project. Chairman Sorrell opened the meeting for public comments. No
comments were offered and Chairman Sorrell closed the public hearing.
Reports for the mcnth of March were filed with the Board from Veterans
Affairs, Health Department, Department of Social Services, Emergency
Medical Service, and Tax Releases.
Commissioner Bowden moved that the Board go into executive session to
discuss litigation and personnel matters. Commissioner Hill seconded
the motion and it passed with a unanimous vote.
Commissioner Titchener moved that the Board come out of executive
session. Commissioner Bowden seconded the motion and it passed with a
unanimous vote.
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121
BUIES CREEK-COATS Minutes of the meeting of the Harnett County Board of Commissioners
sitting as the governing body of the Buies Creek - Coats Water and
w & S REFUNDING Sewer District of Harnett County, and related documents concerning the
BOND ORDER district's refunding bond order and the adoption of the bond order are
copied in full at the end of these minutes as Attachment 9.
I ADJOURNMENT There being no further business, the Harnett County Board of
Commissioners meeting, April 5, 1993, duly adjourned at 10:30 a.m.
/~r:#airman
/L.~^ ~ --W .-:!:rlie:i
Vanessa W. Young, -ie
j(~"./ ~-efuv,d
Kay ~ Blancnard, Recording Sec.
Attachment 1.
HARNETT COUNTY
NORTH CAROLINA
RESOLUTION OF APPRECIATION
THAT WHEREAS, Nancy M. Bales began her service to the citizens of
Harnett County on October 13, 1987, as a temporary worker in the Low
I Income Energy Assistance Program; and
WHEREAS, she became a regular employee July 1, 1988, and moved
through the ranks until she reached the Social Worker II
classification; and
WHEREAS, her love for humanity and dedication to the handicapped
and elderly were reflected in her work with the Adult Service Program;
and
WHEREAS, on February 26, 1993, she took the opportunity to retire
after many years of service in various positions.
NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF
COMMISSIONERS that Nancy M. Bales retired from her loyal and dedicated
service to Harnett County with distinc~ion and honor; that Nancy M.
Bales is hereby recognized for her valued and immeasurable service to
the citizens of Harnett County; that the Harnett County Board of
Commissioners wishes her a long and happy retirement; that a copy of
this resolution be given Nancy M. Bales, a copy be spread upon the
minutes of the Harnett County Board of Commissioners, and a copy be
provided to the media.
Duly adopted this 5th day of April, 1993.
HARNETT COUNTY BOARD OF COMMISSIONERS
?/ kzv~~ L'
/ H. t. scrre~Jr., Chairman
I
ATTEST:
'-..,' i ,
~ ; ~-(.'-""" .....-
\,., (."- v--""'-.o,J,..( '- L ~ '.,
Vanessa W. Young, Clerj to ~e Board
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122
Attachment 2.
NORTH CAROLINA
HARNETT COUNTY
RESOLUTION OF APPRECIATION I
THAT WHEREAS, Patricia W. McDonald began her service to the citizens of
Harnett County thirty-five years ago, and;
WHEREAS, she was employed by the Harnett County Department of Social
Services on January 1. 1958, as a Clerk/Typist I and worked with the clerical
unit from 1958 until February 1971 when she moved into eligibility determination
as an Eligibility Specialist in the Food Stamp Unit, and;
WHEREAS. her exemplary work within this area earned for her respect and
reflected credit on the Agency and the people of Harnett County, and;
WHEREAS, this dedication culminated in her appointment as the first
supervisor of the Food Stamp Unit in the Agency on July 1, 1988, fulfilling a
life-long goal for her, and;
WHEREAS, under her guidance and direction, the Unit was presented an award
for the Training and Employment Component of the Food Stamp Program two years
consecutively, and;
WHEREAS, under her leadership, the Unit handled the largest caseload in the
history of the Food Stamp Program in Harnett County, and;
WHEREAS, she retired from the Agency on February 1, 1993, having won the
respect and admiration of her colleagues and co-workers alike.
NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS
that Patricia W. McDonald retired from her loyal and dedicated service to
Harnett County with great honor and distinction. That Patricia W. McDonald is
hereby recognized for her valued and immeasurable service to the citizens of
Harnett County. That the Harnett County Board of Commissioners wishes her a
long and happy retirement. That a copy of this resolution be given Patricia W.
McDonald, a copy be spread upon the minutes of the Harnett County Board of
Commissioners, and a copy be provided to the media.
Duly adopted this 5th day of April, 1993.
HARNETT COUNTY BOARD OF COMMISSIONERS I
,Y-(~Ah'irM'
ATTEST:
~-uJ~~.~
Vanessa W. Young, C erk t~the Board
Attachment 3.
HARNETT COUNTY
NORTH CAROLINA
AN ORDINANCE AMENDING THE DISTRICT BOUNDARIES OF THE
CRAINS CREEK FIRE DISTRICT IN HARNETT COUNTY
WHEREAS, The Board of Commissioners established on June
15,1992 the Crains Creek Fire District in Harnett County; and
WHEREAS, it has become necessary with the district's approval I
tel adjust said boundaries as governed by GS 153A-233 as
outlined in the following description;
WHEREAS, this amendment supercedes the previous boundaries
established by the resolution;
NOW THEREFORE BE IT ORDAINED:
That the boundaries of the Crains Creek Special Sel-vice
District be ammended as' follows:
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123
CRAINS CREEK FIRE DISTRICT
SERVED BY: CRAINS CREEK FIRE DEPARTMENT
MOORE COUNTY
FIVE MILE DISTRICT
5/31/91
I Beginning at point ( 1 ) on SR 1108, .3 mile northeast of its
intersection 0% SR 1106, thence southeasterly to point (2) on Road
1109, 1. 0 mile south of its intersection with Road 1106; thence
southeasterly to point (3 ) on Road 1111, .9 mile north of the Moore-
Harnett County Line, excluding all property on Road 1109 between this
and the preceding point; thence southerly to point (4 ) on Road 1001,
3.5 miles east of its intersection with Road 2018; thence in a
southwesterly direction to point (5) where the Moore-Hoke County Line
intersects with Turkey Creek; thence in a westerly direction along the
Moore-Hoke County Line and Little River to point (6) at its inter-
section with SR 2017; thence westerly along the Moore County Line and
Little River to point (7) at their intersection with .James Creek;
thence northwesterly along the Moore-Hoke County Line and James Creek
to point (8 ) on SR 2023, 0.9 mile west 0% the Little River Bridge on SR
2023; thence in a northeasterly direction to point (9) on SR 2086, 0.6
mile south 0% its intersection with SR 1001; thence along the center
line 0% SR 2086 to point (10) at its intersection with SR 1001; thence
along Woodlake Section eleven south 73 degrees 55 minutes east
approximately 1540 minutes to a corner 0% section eleven and section
ten; thence south 29 degrees 30 minutes east 1140 minutes to a point;
thence south 4 degrees 29 minutes east 1128.26 minutes to a point;
thence south 79 degrees 30 minutes west 996.55 minutes to a point;
thence south 27 degrees 21 minutes east 298.82 minutes to a point;
thence south 81 degrees 14 minutes east 739.84 minutes to a point;
thence south 84 degrees 15 minutes east 439.02 minutes to a point;
thence south 7 degrees 40 minutes west 917.23 minutes to a point;
thence north 82 degrees 37 minutes east 139.03 minutes to a point;
thence north 79 degrees 16 minutes east 992 minutes to a point; thence
south 76 degrees east 628.9 minutes to a point; thence north 77 degrees
02 minutes east 752.53 minutes to a point; thence south 12 degrees 52
I minutes east 434.05 minutes to a point; thence south 71 degrees 38
minutes east 228.74 minutes to a point; thence south 80 degrees 58
minutes east 188.1 minutes to a point; thence north 88 degrees 49
minutes east 160.22 minutes to a point; thence north 80 degrees 23
minutes east 255.3 minutes to a point; thence north 48 degrees 43
minutes east 1400 minutes to a point; thence north 4 degrees 51 minutes
east 792 minutes to a point; thence north 84 degrees 51 minutes east
1207.6 minutes to a point; thence north 70 degrees 01 minutes east 558
minutes to a point; thence north 6 degrees 46 minutes east 1827 minutes
to a point; thence south 84 degrees 23 minutes east 1317.65 to point
(11) on SR 2017, 1.1 mile north 0% its intersection with SR 1001
excluding all property belonging to Woodlake properties between this
and the preceding points; thence in a northerly direction along the
center line 0% SR 2017 to point (12) 0.5 mile south oi the intersection
0% SR 2017 and 1107; thence easterly to point (13) on Road 1107, 0.6
mile northwest 0% its intersection with Road 1106; thence northeasterly
to point (14) on Road 1106, 0.7 mile north of its intersection with
Road 1108; thence southerly to point ( 1 ), the beginning.
NOTE: This description describes an area oi Moore and Harnett
County pursuant to General Statute 153A-233 xor Insurance
Grading Purposes Only.
HOTE: Points 1 and 3 are adjoining points with Spout Springs Fire
Insurance District.
NOTE: Points 8, 9, 10, 11, 12 and 13 are adjoining points with
Circle V Fire Insurance District.
Duly ade.pted this _______S_~___ day of March 1993.
I HARNETT COUNTY BOARD OF COMMISSIONERS
/%~-------------------
H.L. Sorrel Jr, Chairman
Attest:
~_~uL~_____
Vanessa W. Young
Clerk to the Board
124
Attachment 4.
HARNETT COUNTY
NORTH CAROLI NA
AN ORDINANCE ESTABLISHING THE CIRCLE V FIRE INSURANCE I
DISTRICT IN HARNETT COUNTY, INCLUDING THE CYPRESS CREEK
SPECIAL SERVICE DISTRICT.
WHEREAS, The Board of County Commissioners met on March
15,1993 and heard information from the Fire Marshal's Office
regarding the extension of the Circle V Fire Insurance
district beyond its present boundaries to include the entire
Cypress Creek Special Service District, and additional areas
outside the Cypress Creek Special Services District; and
WHEREAS, this extension has been formulated by guidelines
established by the North Carolina Department of Insurance
Fire and Rescue Services Division; and
WHEREAS, this insurance district once established would
provide residents within its boundaries with reduced
homeowners premiums due to lower fire insurance rates than
they are now paying; and
WHEREAS, the establishing of this district does not infringe
upon the present established fire insurance, fire ta>e, or
special service districts within the County; and
WHEREAS, the amendments to the Crains Creek Insurance
District have already been completed by earlier resolution;
NOW, THEREFORE, BE IT ORDA I NED:
That the CIRCLE V FIRE INSURANCE DISTRICT IS ESTABLISHED IN
HARNETT COUNTY NORTH CAROLINA, FOR FIRE SERVICE PROVIDED BY
THE CIRCLE V FIRE DEPARTMENT, WITH STATIONS LOCATED IN VASS
NORTH CAROLINA AND WOODLAKE NORTH CAROLINA ACCORDING TO THE
FOLLOWING DESCRIPTION OF BOUNDARIES:
CIRCLE-V FIRE INSURANCE DISTRICT I
SERVED BY: CIRCLE-V FIRE DEPARTMENT, INC.
PORTIONS IN MOORE AND HARNETT COUNTIES
r~Y~ KILE DISTRICT
Beginning at point (1) on NC Highway 27 at the Moore and Harnett
County Line; thence easterly to point (2) on Road 1200, 0.2 mile
northwest of its intersection with NC Highway 27; thence easterly to
point (3) on NC Highway 27, 0.2 mile east of its intersection with Road
1200; thence southerly to point (4) on Road 1107, 0.6 mile west of its
intersection with Road 1106; thence westerly crossing the Moore anu
Harnett County line point (5) to a point on Road 2017 (McGill Road) 0.5
mile south of its intersection with Road 1825 point (6); thence in a
southerly direction 0.7 mile (approximately 4125 feet) along the
centerline of road 2017 (McGill Road) to a point where G. W. Hardy's
land joins Wood lake Properties point (7); thence as Woodlake property
line running parallel with Road 2017 (McGill Road) and Road 1001
(Lobelia Road) to a point on Road 1001 point (8); thence northwesterly
approximately 100 feet to the intersection of Road 1001 and Road 2086
(McKeithan Road) point (9); thence in a southerly direction along the
centerline of Road 2086 (McKeithan Road) to its dead end point (10);
thence in a southwesterly direction crossing Road 2023 (Lake Bay Road) 1
mile east of Road 1853 point (11); thence up the Little River parallel
with Road 2023 south to 1 mile south of Road 1853 point (12); thence
southwesterly to a point on Road 2026 0.1 mile east of Road 2024 (Furr
Road) point (13) ; thence west to the intersection of US HI and road
2026, including all property on road 2026 between this and the preceding
point, to point (14); thence northwesterly to a point on Road 1853 (Camp
Easter Road) 0.2 mile southwest of Road 1884 (Papa Blue Road) point
(15) ; thence northwesterly to a point just south of Road 1843 (Airport
Road) at a concrete monument in a corner of Nesbitt and Kelly, as shown
on PC 1 slide 1 Moore County Registry, thence as Whispering Pines
extraterritorial line in a northerly direction; to a spike in the center
of Road 1843, 1.5 mile west of Road 1860 (McInnis Road) point (16); I
thence North following extraterritorial zoning line of Whispering Pines
to a point on the Vass-Carthage Road 1803 at the intersection of Road
1830 point (17); thence along the centerline of Road 1803 westerly 0.1
mile point (18); thence north to a point on Road 1831 0.5 mile west of
intersection of Road 1805 point (19); thence north to the intersection
of Road 1805 and Road 1811 (Vick Avenue) point (20); thence in an
easterly direction to the intersection of Road 1811 and Road 1810 (Shaw
Road) including all property on road 1811 between this and the preceding
point, to point (21); thence east to a point on road 1825, 0.2 mile
northwest of the intersection of Road 1824 (Edmonds Road) and Road 1825
(Cranes Creek Road point (22); thence along the centerline of Road 1825
(Cranes Creek Road) to its intersection with Road 2005 (Atkins Road)
po in t: (23); thence in an easterly direction to a point on Road 2007
(Boys Camp Road) 0.3 mile north of Road 1825 (Cypress Church Road) point
(24); thence in a southeasterly direction to the intersection of Harnett
County line and Road 1825 point (25) ; thence in a northeasterly
direction with the Moore and Harnett County lines to the beginning point
(1) .
,<, \, ~ ,~."'
125
CIRCLE-V FIRE INSURANCE DISTRICT
.~y~ MILE DISTRICT
Page 2
This description describes an area of Harnett and Moore
NOTE: Counties pursuant to General Statute 153-A-233 for Insurance
Grading Purposes Only.
(8), (9), and (10) are adjoining , .
NOTE : Points (4),(5), (6), (7),
I oints with Crains Creek Fire Insurance District.
~oints (22), (23), and (24) are adjoining points with Cameron
Fire Insurance District.
this _____s=~_____ day of April 1993
Duly adopted
~~~:_::_::::~::~:::::_-
H.L. ~orrel~r., Chairman
-----------------------------------
ATTEST:
~-':lJL5Y---------
Vanessa W. Young
Clerk to the Board
Attachment S.
NOR'fH CAROLINA.
RESOLUTION ACCEPTING BID OF ONE
HARNET'l' COUNTY. USED HYDRAULIC EXCAVATOR WITH THUHB
I THA'f WHEREAS, the County of Harnett has heretofore solicited bids
in connection with a Used Hydraulic Excavator with Thumb to be acquired
tor use by the Harnett County Landfill Department;
and
WHEREAS, said bids were solicited pursuant to the General Statutes
of the State of North Carolina and all bid solicitation requirements
have been complied with; and
WHEREAS, bids were received by the County ot Harnett in response
to such solicitation of bids; and
WHEREAS. said bids were delivered to the Harnett County Office
Building on Front Street, Lillington, N. C. , where they were opened.
read aloud, and evaluated; and
WHEREAS. the County of Harnett has determined that Gregory Poole
Equipment Company has submitted the lowest bid which meets the bid
requirements and that Gregory Poole Equipment Company is the lowest
responsible bidder, taking into consideration quality, performance and
other requirements specified by the bid solicitation process conducted
by the County of Harnett; and
I WHEREAS, the Harnett County Board of Commissioners, meeting in
regular session on April 5, 1993 has reviewed the proposals submitted
by all bidders and has concluded that the contract to provide One Used
Hydraulic Excavator with Thumb for the above referenced County
Department should be awarded to Gregory Poole Equipment Company.
-
126
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners, upon motion duly made, seconded and adopted, that the
bid of Gregory Poole Equipment Company in the amount of SEVENTY SIX
THOUSAND, FIVE HUNDRED TWENTY NINE AND 88/100 DOLLARS (76,529.88)
including six per cent (6\ ) sales tax to provide a Used Hydraulic
Excavator with Thumb shall be and same is hereby accepted, the contract I
for such shall be awarded by the County of Harnett to Gregory Poole
Equipment Company, and the appropriate officials of the County of
Harnett shall be and they are hereby directed to notity Gregory Poole
Equipment Company of the acceptance of its bid and execute any
appropriate contracts in connection herewith.
This 5th day of April 1993.
HARNETT COUNTY BOARD OF COMMISSIONERS
By: ~~~~
"" ~ ~irman
ATTEST:
L 'iJ -YO'"
Clerk Y
Attachment 6.
NORTH CAROLINA, I
RESOLUTION ACCEPTING BID OF ONE
HARNETT COUN'rY, MATERIAL DEMOLITION GRINDER
THAT WHEREAS, the ~ounty of Harnett has heretofore solicited bids
in connection with a New Material Demolition Grinder to be acquired for
use by the Harnett County Landfill Department;
and
WHEREAS, said bids were solicited pursuant to the General Statutes
of the State of North Carolina and all bid solicitation requirements
have been complied with; and
WHEREAS, bids were received by the County of Harnett in response
to such solicitation of bids; and
WHEREAS, said bids were delivered to the Harnett County Office
Building on front Street, Lillington, N.C. , where they were opened,
read aloud, and evaluated; and
WHEREAS, the County of Harnett has determined that Screening &
Shredding Systems has submitted the lowest bid which meets the bid
requirements and that Screening & Shredding Systems is the lowest
responsible bidder, taking into consideration quality, performance and I
other requirements specified by the bid solicitation process conducted
by the County of Harnett; and
WHEREAS, the Harnett County Board of Commissioners, meeting in
regular session on April 5, 1993 has reviewed the proposals submitted
by all bidders and has concluded that the contract to provide One New
Material Demolition Grinder tor the above referenced County Department
should be awarded to Screening & Shredding Systems.
127
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners, upon motion duly made, seconded and adopted, that the
bid of Screening & Shredding Systems in the amount of ONE HUNDRED
NINETY-NINE THOUSAND, EIGHT HUNDRED SEVENTY FOUR AND NO/100 DOLLARS
(199.874.00) including six per cent (6\) sales tax to provide a New
Material Demolition Grinder shall be and same is hereby accepted, the
I
contract for such shall be awarded by the County of Harnett to
Screening & Shredding Systems, and the appropriate officials of the
County ot Harnett shall be and they are hereby directed to notify
Screening & Shredding Systems of the acceptance of its bid and execute
any appropriate contracts in connection therewith.
This 5th day of April 1993.
HARNETT COUNTY BOARD OF COMMISSIONERS
BYI /Z ~~
/ '/ ~airman
A'lTEST I
~c~~ ~/
Attachment 7.
I BOARD OF COMMISSIONERS COUNTY MANAGER'S OFFICE
H.L.~RRELL,JR.Chairtnan NEIL EMORY
BEATRICE B. HILL, Vice-Chairman WM. A. (TONY) WILDER, Assistant
JOSEPH T. BowoEN
DAN B. ANDREWS CLERK TO THE BOARD
WALT TlTCHENER VANESSA W. YOUNG
COUN l' { OF HARNETT
P. O. BOX 759 . LlLLlNGTON, N.C. 27548
(919) 893-7556
March 29, 1993
Ms. Jan Elliott, Regional Director
Division of Social Services
N. C. Department of Human Resources
South Central Regional Office
Wachovia Building
225 Green Street
Fayetteville, North Carolina 28301
Dear Jan,
In response to your letter dated January 28, 1993, Harnett County
would like to submit the following corrective action plan relating to
DSS facility needs. This plan addresses both long-term solutions as
well as short-term corrective actions.
I In regards to long-term solutions, the Harnett County Board of
Commissioners recognizes the tremendous need for additional space and
is committed to acquiring the necessary facilities through new
construction or the renovation of space. Specific steps which outline
the Boardls commitment to this project include:
- The appropriation of one million dollars to a capital projects
fund for the purpose of funding the development of additional
space
- The Board has authorized staff to contract with the firm of
O'Brien/Atkins to develop specific DSS space needs as well as
a project budget and preliminary site plan
128
Specific dates and strategies to arrive at a long-term solution
to the problem you have outlined are as follows:
May 1, 1993 - Receive preliminary budget fiqures and
space requirements from O'Brien/Atkins
June 1, 1993 - Determine if project will involve new
construction or the renovation of an
existing structure
July 1, 1993 - Incorporate the construction or I
renovation of space into the 1993-94
Budget Ordinance
August 1, 1993 - Authorize an architectural firm to
proceed with final plans
January 1, 1994 - Finalize plans and solicit bids for work
March 1, 1994 - Award contracts so that construction may
begin (18 months construction)
It is our hope that this long-term corrective action plan meets
the needs outlined in your letter. If additional information is
required, please let me know.
Regarding short-term concerns, the County is prepared to acquire
additional space if possible during the design and construction of
alternative space. Also, attempts will continue to comply with all
safety and fire codes.
In conclusion, I would like to thank you for your assistance
regarding this matter and would also invite you to comment on the
actions outlined.
7;/
Neil Emor~ I
County Manager
NE:sw
Attachment 8.
RESOLUTIOB ACCEPTIBG
OFFER TO SELL REAL PROPERTY
PURCHASED AT TAX FORECLOSURE SALE
THAT WHEREAS, the County of Harnett did previously purchase
that certain lot known as Lot No. 30 of Hi-Vue Acres situate in
Johnsonville Township in a tax foreclosure sale held on or about
July 29, 1991 for a bid of $692.43; reference is made to that
certain foreclosure action entitled "County of Harnett vs. Kim Ly
vanskiver", 91 CvD 0193; and
WHEREAS, the Harnett County Board of Commissioners did on
February 3, 1993, authorize the sale of the aforementioned property
by negotiated offer, advertisement and upset bid; and
WHEREAS, the $1,200.00 bid received at said time was
I
advertised in the Harnett County News newspaper and was upset; and
WHEREAS, a series of informal bids were received by the County
of Harnett for said property; and
WHEREAS, an offer was made to the County of Harnett in the
amount of $1,674.11 by Helmut Riepl and Manfred Billenstein and
that a notice of said offer was advertised in the Harnett County
News newspaper on March 17, 1993 and that said bid has not bAen
raised or upset by advance bid; and
129
WHEREAS, the advertised notice contained a legal description
of the land to be sold, the amount and terms of the offer from
Helmut Riepl and Manfred Billenstein and a notice that within ten
I (10) day any person may raise the bid by not less than a $133.71
raise and that any such person should contact Vanessa W. Young,
Clerk to the Board of Commissioners at her office in the County
Office building in Lillington, NC and make deposit of 10% of the
raised bid; and
WHEREAS, it appears by representations of E. Marshall Woodall,
Harnett County Tax Attorney, who has handled the proceedings of
sale for and on behalf of the County of Harnett, that two (2 )
bidders have been involved in making the various offers and the
upset bid on the subject property and that further it appears that
the property is a vacant tract of land upon which is located the
remains of a mobile home; and
WHEREAS, it appears to the Board of Commissioners that the
price being offered by Helmut Riepl and Manfred Billenstein is a
fair and reasonable price and is as much as can reasonably be
expected to be received from the sale of said property and that
said offer should be accepted and the officials of the County be
authorized to executed a deed transferring the property to said
offerors.
I NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:
First: That the offer of Helmut Riepl and Manfred Billenstein
to purchase the aforementioned real property for the sum of
$l,674.ll be and the same is hereby accepted;
Second: That the Chairman and Clerk to the Board of
Commissioners be and they are hereby authorized to execute in the
name of County of Harnett a deed conveying the aforementioned
property to said offerors upon the payment by them of the purchase
price;
Third: The E. Marshall Woodall, Harnett County Tax Attorney
shall submit his bill for services rendered and expenses incurred
in the advertisement of said property and other costs of sale to
be submitted to the County Manager for approval for payment by the
Harnett County Auditor;
Forth: That the officials of the County of Harnett be and
they are hereby authorized to do and perform all acts and things
necessary to carry out the intent of this resolution.
Duly adopted in regular session held AprilS, 1993.
I HARNETT COUNTY BOARD OF COMMISSIONERS
BY: ff/k~L
~ H.L; sorr~, Jr. , Chairman
Attest:
- L......- -v./ l}~
Vanessa W. Young,1 Cle~
130
Attachment 9.
EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS,
SITTING AS 6~~ GOVERNING BODY OF THE BUIES CREEK - COATS
WATER AND SEWER DISTRICT OF HARNETT COUNTY I
The Board of Camlissioners of the County of Harnett sitting as the goveITling body
of Buies Creek - Coats Water and Sewer District of Harnett County, convened in a
special session during its meeting held on April 5, 1993 at 9:00 a.m. in the
Harnett County Office BUilding, 102 East Front Street, Lillington, North Carolina.
Board ULCllIbers present were: H.L. Sorrell, Jr., (Chairman), Walt Titchener
Beatrice Bailey Hill, Dan B. Andrews and Joseph T. Bowden. No members were absent.
* * * * *
Carmissioner Titchener presented the following resolu-
tion and moved that it be adopted:
WHEREAS, the bond order hereinafter described has taken
.effect, and it is desirable to make provision for the issuance of
bonds authorized by said bond order; NOW, THEREFORE,
BE IT RESOLVED by the Board of Commissioners of the
County of Harnett, sitting as the governing body of the Buies
Creek - Coats Water and Sewer District of Harnett County, North
Carolina (the "Issuer"), as follows:
1. Pursuant to and in accordance with the general
obligation sanitary sewer refunding bond order adopted by the
Board of Commissioners of the county of Harnett, sitting as the
governing body of the Issuer, on April 5, 1993, the Issuer shall
issue its bonds of the aggregate principal amount of $1,895,000. I
The bonds shall be designated "General Obligation Sanitary Sewer
Refunding Bonds, Series 1993" (hereinafter referred to as the
"Bonds"). The period of usefulness of the capital project to be
financed by the issuance of the Bonds is a period of forty years .
computed from June 1, 1984.
2. The Bonds shall mature as hereinafter set forth.
The Bonds shall be issuable in the denomination of $5,000 each or
any integral multiple thereof, shall be numbered so as to
uniquely designate each Bond and such numbering shall be in
accordance with the system of the hereinafter designated bond
registrar of the Issuer and shall be payable in annual install-
ments on June 1 in each year as follows:
principal principal
Year A,nount Year Amount
1994 $ 75,000 2003 $105,000
1995 85,000 2004 105,000
1996 90,000 2005 105,000
1997 95,000 2006 105,000
1998 100,000 2007 100,000
1999 105,000 2008 100,000
2000 110,000 2009 100,000
2001 110,000 2010 100,000
2002 105,000 2011 100,000
2012 100,000
3. The Bonds shall be dated May 1, 1993 and shall bear
interest from their date at a rate or rates which shall be I
hereafter determined upon the public sale thereof and such
interest shall be payable on December 1, 1993 and semi-annually
thereafter on June 1 and December 1.
4. The Bonds shall be registered as to principal and
interest, and shall bear the facsimile signatures of the Chairman
of the governing body of the Issuer and the Clerk of the Issuer.
A facsimile of the corporate seal of the Issuer shall be
imprinted upon each of the Bonds.
5. Interest on the Bonds shall be paid by check by
First-citizens Bank and Trust Company, Raleigh, North CarOlina,
----~_..-
-~---~---_.. - ~'~',~ -,-,
131
as paying agent, and mailed to the registered owner of record as
of the fifteenth day of the calendar month next preceding the
interest payment date at his address as it appears on the bond
registry books of First-citizens Bank & Trust Company, Raleigh,
North Carolina, as bond registrar and transfer agent. Principal
of the Bonds shall be paid by check by First-Citizens Bank &
Trust Company, upon presentation of the Bonds for payment.
6. The Bonds maturing on and after June 1, 2004 shall
I be subject to redemption prior to their stated maturities at the
option of the Issuer on or after June 1, 2003, in whole at any
time or in part on any interest payment date, at a redemption
price equal to the principal amount of each Bond to be redeemed
together with accrued interest thereon to the redemption date
plus a redemption premium of one-half of one percent (1/2 of 1%)
of the principal amount of each Bond to be redeemed for each
period of twelve months or part thereof between the redemption
date and the maturity date of each Bond to be redeemed, provided
that such premium shall not exceed two percent (2%) of such
principal amount. If less than all of the Bonds of any maturity
are called for redemption, the Bonds to be redeemed shall be
selected by lot. If less than all of the Bonds of different
maturities are called for redemption, the Bonds to be redeemed
shall be called in the inverse order of their maturities. If
less than all of the principal amount of a single Bond is to be
redeemed, the Issuer shall exchange a Bond of the denomination
representing the portion of the Bond not redeemed to the
registered owner in exchange for the Bond a portion of which is
to be redeemed. Whenever the Issuer shall elect to redeem Bonds,
notice of such redemption of Bonds, stating the redemption date,
redemption price and identifying the Bonds or portions thereof to
be redeemed by reference to their numbers and further stating
that on such redemption date there shall become due and payable
upon each Bond or portions thereof so as to be redeemed, the
principal thereof, redemption premium and interest accrued to the
redemption date and that from and after such date interest
thereon shall cease to accrue, shall be given not less than 30
days nor more than 45 days prior to the redemption date in
writing to the registered owners, by pre-paid first class mail,
at their addresses as such addresses appear on the records of
I First-citizens Bank & Trust Company, as bond registrar, but any
failure in respect of such mailing will not affect the validity
of the redemption.
7. The Bonds and the provisions for the registration
of the Bonds, for the approval of the Bonds by the Secretary of
the Local Government Commission and for authentication of the
Bonds by First-citizens Bank & Trust Company, as transfer agent
and bond registrar, to be endorsed thereon shall be in
substantially the following form:
NO. R- $
United states of America
state of North Carolina
BUIES CREEK - COATS WATER AND S'::',l~.&l. DISTRICT 01' IlARJrETT CO'..&~... Y
G~~4AAL OBLIGATION SANITARY SEWER RBPUNDING BORD, SERIBS 1993
I:N'1'ERBST MATURITY DATB OF
RATE DATB ORIGINAL ISSUE CUSIP
May 1, 1993
REGISTERED OWNER:
I PRI:NCI:PAL SUM: DOLLARS
The Buies Creek - Coats Water and Sewer District of
Harnett County (hereinafter referred to as "District"), a county
water and sewer district of the State of North carolina,
acknowledges itself indebted and for value received hereby
promises to pay to the registered owner named above, on the date
specified above, upon surrender hereof, the principal sum shown
above and to pay to the registered owner hereof interest thereon
from the date of this bond until it shall mature at the rate per
annum specified above, payable December 1, 1993 and semi-annually
thereafter on June 1 and December 1 of each year. Principal of
132
this bond is payable by check by First-citizens Bank & Trust
Company, Raleigh, North Carolina, as paying agent, or by the duly
appointed alternate or successor paying agent (the "Paying
Agent"), in such coin or currency of the United states of America
as at the time of payment shall be legal tender for the payment
of public and private debts. Interest on this bond is payable by
check by the Paying Agent mailed to the registered owner hereof
at his address as it appears on the bond registry books of First-
citizens Bank Trust Company, Raleigh, North Carolina, as transfer
agent and bond registrar (the "Transfer Agent"), at the close of
business on the fifteenth day of the calendar month next preced- I
ing each interest payment date.
This bond is transferable by the registered owner
hereof or his duly authorized attorney at the principal office
of the Transfer Agent, upon surrender of this bond, accompanied
by a duly executed instrument of transfer in form and with
guaranty of signature satisfactory to the Transfer Agent, and
upon payment of any taxes or other governmental charges incident
to such transfer. Upon any such transfer a new registered bond
without coupons of the same maturity and in the same aggregate
principal amount will be issued to the transferee. The person in
whose name this bond is registered shall be deemed the owner
hereof for all purposes, and the District and the Transfer Agent
shall not be affected by any notice to the contrary.
This bond is issued in accordance with the Registered
Public obligations Act, Chapter 159E of the General statutes of
North Carolina, and pursuant to The Local Government Finance Act
of the state of North Carolina, as amended, a bond order adopted
by the Board of Commissioners of the County of Harnett, sitting
as the governing body of the District, on April 5, 1993 (the
"Bond Order") and a resolution adopted by said Board (the
"Resolution") to provide funds, together with other funds of the
District, to refund the District's outstanding Sanitary Sewer
Bonds, dated June 1, 1984.
The bonds maturing on and after June 1, 2004 shall be
subject to redemption prior to their stated maturities at the
option of the District on or after June 1, 2003, in whole at any
time or in part on any interest payment date, at a redemption
price equal to the principal amount of each bond to be redeemed
together with accrued interest thereon to the redemption date I
plus a redemption premium of one-half of one percent (1/2 of 1%)
of the principal amount of each bond to be redeemed for each
period of twelve months or part thereof between the redemption
date and the maturity date of each bond to be redeemed, provided
that such premium shall not exceed two percent (2%) of such
principal amount. If less than all of the bonds of any maturity
are called for redemption, the bonds to be redeemed shall be
selected by lot. If less than all of the bonds of different
maturities are called for redemption, the bonds to be redeemed
shall be called in the inverse order of their maturities. If
less than all of the principal amount of a single bond is to be
redeemed, the District shall exchange a bond of the denomination
representing the portion of the bond not redeemed to the
registered owner in exchange for the bond a portion of which is
to be redeemed. Whenever the District shall elect to redeem
bonds, notice of such redemption of bonds, stating the redemption
date, redemption price and identifying the bonds or portions
thereof to be redeemed by reference to their numbers and further
stating that on such redemption date there shall become due and
payable upon each bond or portions thereof so to be redeemed, the
principal thereof, redemption premium and interest accrued to the
redemption date and that from and after such date interest
thereon shall cease to accrue, shall be given not less than 30
days nor more than 45 days prior to the redemption date in
writing to the registered owners, by pre-paid first class mail,
at their addresses as such addresses appear on the records of
First-citizens Bank & Trust Company, as bond registrar, but any
failure in respect of such mailing will not affect the validity
of the redemption.
It is hereby certified and recited that all conditions, I
acts and things required by the Constitution or statutes of the
State of North Carolina to exist, be performed or happen
precedent to or in the issuance of this bond, exist, have been
performed and have happened, and that the amount of this bond,
together with all other indebtedness of the District, is within
every debt and other limit prescribed by said Constitution or
statutes. The faith and credit of the District are hereby
pledged to the punctual payment of the principal of and interest
on this bond in accordance with its terms.
This bond shall not be valid or become obligatory for
any purpose or be entitled to any benefit or security under the
Bond Order or the Resolution until the certifications hereon
shall have been signed by the authorized representatives of the
Local Government,commission of North Carolina and First-citizens
Bank & Trust Company.
'f '." i ,I " ,;.'1 ,'1 ';~i 1~' ,::: f'
133
IN WITNESS WHEREOF, the District has caused this bond
to bear the facsimile signatures of the Chairman of the governing
body of the District and the Clerk of the District and a fac-
simile of the corporate seal of the District to be imprinted
hereon, and this bond to be dated May 1, 1993.
I (facsimile sianature)
Chairman, governing body of Buies
Creek - Coats Water and Sewer
(DISTRICT) District of Harnett County
(SEAL)
(facsimile sianature)
Clerk, Buies Creek - Coats Water and
Sewer District of Harnett County
TRANSPER AGENT'S CERTIFICATE OP AUTHENTICATION
This bond is one of the bonds of the issue designated
herein and issued under the provisions of the within-mentioned
bond order and resolution.
PIRST-CITIZENS BARK , TRUST COMPANY
BY:
Authorized Signatory
Date of Authentication:
I CERTIFICATE OF LOCAL G...f~ENT COJOlISSION
The issuance of the within bond has been approved
under the provisions of The Local Government Bond Act of North
Carolina.
(facsimile sianature)
Robert M. High
Secretary, Local Government Commission
ASSIGNK.:...~ ..
. FOR VALUE RECEIVED the undersigned hereby sells,
ass1gns and transfers unto
the within Bond and irrevocably appoints ,
attorney-in-fact, to transfer the within Bond on the books kept
for :egistration thereof, with full power of substitution in the
prem1ses.
Dated:
I NOTICE: The signature to this
assignment must correspond with the
name as it appears upon the face of
the within Bond in every particular,
without any alteration whatsoever.
Signature Guaranteed:
134
8. Bonds, upon surrender thereof at the office of the
bond registrar and transfer agent together with an assignment duly
executed by the registered owner or his attorney or legal
representative in such form as shall be satisfactory to the bond
registrar and transfer agent, may, at the option of the registered
owner thereof, be exchanged for an equal aggregate principal
amount of Bonds of the same maturity, of any denomination or
deno~inations authorized by this resolution and bearing interest I
at the same rate.
9. Actions taken by officials of the Issuer to select
paying and transfer agents, and a bond registrar, or alternate or
successor agents and registrars pursuant to Section 159E-8 of the
Registered Public Obligations Act, Chapter 159E of the General
Statutes of North Carolina, are hereby authorized and approved.
10. The Board of Commissioners of the County of
Harnett, sitting as the governing body of the Issuer, hereby
approves the terms of the Escrow Deposit Agreement by and between
the Issuer and First-citizens Bank & Trust Company, in the form
presented to the Board (draft of 4/5/93) and hereby authorizes the
officers of the Issuer designated therein to execute and deliver
the Escrow Deposit Agreement in substantially such form with such
changes and insertions as any of such officers shall deem
necessary to accomplish the purposes for which the Bonds are being
issued, their execution thereof constituting conclusive evidence
of such approval.
11. The Local Government Commission of North Carolina
is hereby requested to sell the Bonds and to state in the Notice
of Sale of the Bonds that bidders may name one rate of interest
for ~art of the Bonds and another rate or rates for the balance of
the Bonds. The Bonds shall bear interest at such rate or rates as
may be named in the proposal to purchase said Bonds which shall be
accepted by said Local Government c"'&.uuission. The Issuer hereby
reserves the right to increase or decrease the aggregate principal
amount of the Bonds by an amount not to exceed $105,000 following
the opening of bids. The Issuer also hereby reserves the right to
increase or decrease the principal amount of any maturity of the I
Bonds maturing in 1994 to 2012, inclusive, by an amount not to
exceed $10,000 per maturity following the opening of the bids. In
the event of such increase or decrease in the aggregate principal
amount of the Bonds, the purchase price of the Bonds will be
accordingly increased or decreased by the amount of such increase
or decrease.
12. The Chairman of the governing body of the Issuer
and the Clerk of the Issuer are hereby authorized and directed to
cause the Bonds to be prepared and, when they shall have been duly
sold by said Local Government Commission, to execute the Bonds and
to t4rn the Bonds over to First-citizens Bank & Trust Company for
delivery to the purchaser or purchasers to whom they may be sold
by soid Local Government Commission.
13. The Issuer covenants to comply with the provisions
of the Internal Revenue Code of 1986, as amended (the "Code"), to
the extent required to preserve the exclusion from gross income of
interest on the Bonds for Federal income tax purposes.
14. The Issuer hereby represents that the Issuer,
together with any subordinate entities of the Issuer and any
entities which issue obligations on behalf of the Issuer,
reasonably expects that it will not issue more than $10,000,000 of
tax-exempt obligations (other than private activity bonds which
are not qualified SOl(c) (3) bonds} during the current calendar
year. In addition, the Issuer hereby designates the Bonds as
"qualified tax-exempt obligations" for the purposes of Section
265(b} (3) of the Code.
15. The power to make any election on behalf of the I
Issuer with respect to the arbitrage rebate provisions of the Code
applicable to the Bonds is hereby delegated to the Chairman of the
governing body of the Issuer and Finance Officer of the Issuer.
The motion having been duly seconded, and the resolution
having been considered, it was adopted by the following vote:
AYES: 5
NAYS: 0
* * * * * * * * * * * *
---.--
'.~"'-'. ----~--_.~- .n_~ _
'''~'1'F,~rr.''~-if''~' ;f;"~;
135
Brl'RACT8 nOlI IIIIIUTB8 01' BOARD COIIIII88IOIID8 01' TBB COUll'l'Y
01' 1IUIDft, 8I'1"1'IBG AS ftB GOVDIIIBG BODY 01' ftB
BUIB8 CIKII - COAT8 WAif.. AlII) 8BWBR DI8TRICT 01' IIARIIBft COUll'l'Y
The Board of Carmissioners of the County of Harnett, sitting as the governing
I L~i of Buies Creek - Coats Water and Sewer District of Harnett County, con-
vened in a special session during its meeting held on AprilS, 1993 at 9:00 a.m.
in the Harnett County Office Building, 102 East Front street, Lillington, North
Carolina.
Board ,..c:...bers present were: H.L. Sorrell, Jr., (Chainnan), Walt Titchener
Beatrice Bailey Hill, Dan B. Andrews and Joseph T. Bowden. No ...co.hers were
absent.
* * * * * *
The Clerk of the Board of Commissioners of the County
of Harnett and of the Buies Creek - Coats Water and Sewer
District of Harnett County reported to the Board, sitting as the
governing body of the District, that the bond order entitled,
"BOND ORDER AUTHORIZING THE ISSUANCE OF $2,000,000 SANITARY SEWER
REFUNDING BONDS OF BUIES CREEK - COATS WATER AND SEWER DISTRICT
OF HARNETT COUNTY," which had been introduced on March 15, 1993,
had been published on March~, 1993, with notice that the Board,
I sitting as the governing body of the District, would hold a
pUblic hearing thereon on AprilS, 1993, at 9:00 o'clock, A.M.
The Clerk also reported that the District's Finance Officer had
filed in the Clerk's office a statement of debt complying with
the provisions of The Local Government Bond Act, and such
statement as filed showed the net indebtedness of the District to
be 2.4374% of the appraised valuation of property in the District
subject to taxation.
Cnmmi~~innPr ~;t~henp-r moved that the Board of
Commissioners of the County of Harnett, sitting as the governing
body of the Buies Creek - Coats Water and Sewer District of
Harnett County, proceed to hold a public hearing on the refunding
bond order. The motion was seconded by Camrissioner ~en
and was unanimously adopted.
At 10:15 o'clock, A..M., the Chairman of the Board of
I Commissioners of the County of Harnett, sitting as the governing
body of the Buies Creek - Coats Water and Sewer District of
Harnett County, announced that the Board would hear anyone who
wished to be heard on the questions of the validity of the
refunding bond order and the advisability of issuing the
refunding bonds. At the direction of the Chairman, the Clerk of
the Board of CI....."..~issioners and of the District read the refunding
bond order and the published notice of hearing.
----- -
------------
136
After the Board had heard all persons who requested to
be heard in connection with the foregoing questions,
Carmissioner Andrews moved that the public hearing be closed.
The motion was seconded by Catmissioner Bowden and was I
unanimously adopted.
Carmissioner TitchorL moved that the Board of C..""..",issioners
of the County of Harnett, sitting as the governing body of the
Buies Creek - Coats Water and Sewer District of Harnett county,
adopt without change or amendment and direct the Clerk of the
Board of c...._issioners and of the District to publish as
prescribed by The Local Government Bond Act the bond order
entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $2,000,000
SANITARY SEWER REFUNDING BONDS OF BUIES CREEK - COATS WATER AND
SEWER DISTRICT OF HARNETT COUNTY," introduced at the meeting of
the Board of Commissioners of the county of Harnett, sitting as
the governing body of the Buies Creek - Coats Water and Sewer
District of Harnett county, held on March 15, 1993. The motion
was seconded by Ccmnissioner Bowden and was adopted by the
following vote:
AYES: 5 I
NAYS: 0
. . . . . .
I