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12061993 317 HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 6, 1993 The Harnett County Board of Commissioners met in regular session on Monday, December 6, 1993, in the Commissioners Meeting Room, County Office Building, Lillington, North Carolina. I Members Present: H. L. Sorrell, Jr. Beatrice Bailey Hill 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 Kay S. Blanchard, Recording Secretary CHAIRMAN AND VICE-CHAIR Vanessa W. Young, Clerk to the Board, called the meeting to order and ELECTED asked for nominations for Chairman of Harnett County Board of Commissioners. Commissioner Bowden nominated H. L. Sorrell, Jr. and Commissioner Hill seconded the motion. H. L. Sorrell, Jr. was elected Chairman of Harnett County Board of Commissioners with a unanimous vote. Chairman Sorrell asked for nominations for Vice-Chairman of Harnett County Board of Commissioners. Commissioner Titchener nominated Beatrice Bailey Hill and Commissioner Bowden seconded the motion. Beatrice Bailey Hill was elected Vice-Chairman of Harnett County Board of Commissioners with a unanimous vote. Commissioner Hill offered the invocation. Commissioner Hill moved to adopt the agenda as published with the delay of two items and addition of two items. Commissioner Bowden seconded the motion and it passed with a unanimous vote. I CONSENT AGENDA Upon motion made by Commissioner Bowden and seconded by Commissioner Andrews, the Board unanimously approved the following items from the Consent Agenda: MINUTES 1. Minutes: Regular Meeting, November 15, 1993 Special Meeting, November 29, 1993 2. Budget Amendments: BUDGET AMENDMENTS Public Utilities (Northeast Metro) Code 32-9001-002 Salaries & Wages 10,000. increase 32-9001-005 FICA Tax Expense 765. increase 32-9001-007 Retirement Expense 497. increase 32-9001-0072 Supplemental Retirement 100. increase 32-9001-1200 Capital Reserve 11,362. decrease Public Utilities (General) Code 32-9001-0100 Employee Training 934. increase 33-9002-0100 " " 524. increase 34-9003-0100 Employee Training 1,364. increase 35-9004-0100 " " 563. increase 36-9005-0100 " " 538. increase 37-9006-0100 " " 910. increase 38-9007-0100 " " 107. increase Revenue: 32-3990-001 Unappropriated Fund Balance 934. increase 33-3990-002 " 524. increase 34-3990-003 " 1,364. increase 35-3990-004 " 563. increase 36-3990-005 " 538. increase 37-3990-006 " 910. increase I 38-3990-007 " 107. increase Public Utilities (General) Code 67-9015-002 Carlisle Contractors-NE 219,358. decrease 67-9015-003 Hogue Electric 4,000. decrease 67-9015-004 T.A. Loving 285,752. decrease 67-9015-005 Tri-State 1,153,374. decrease 67-9015-006 Progressive 45,160. decrease 67-9015-008 Watson Electrical 66,302. decrease 67-9015-010 Land & Right of Way 86,988. decrease 67-9015-020 Legal & Admin. 33,124. decrease 67-9015-030 Engineering 245,598. decrease 67-9015-040 Telementry - SCADA 13,854. decrease 67-9015-070 Int. During Construction 257,894. decrease 67-9015-1570 Transfer to NE Metro 83,516. decrease 318 Public Utilities (Southeast) Code 66-9013-002 C.R. Jackson 25,000. increase Revenue: 32-3990-001 Unappropriated Fund Balance 25,000. increase Public Utilities (South Central) Code 34-9003-074 Capital Outlay - Equipment 7,750. increase Revenue: 34-3350-003 Misc. Revenue 7,750. increase I Public Utilities (South Central) Code 34-9003-074 Capital Outlay - Equipment 2,631. increase Revenue: 34-3990-003 Fund Balance Unappropriated 2,631. increase Veteran's Service Code 10-7800-016 Maint./Repair Equipment 290. increase Revenue: 10-3990-000 Fund Balance Appropriated 290. increase Sheriff's Department Code 10-5100-056 Crime Prevention 3,747. increase Revenue: 10-3350-002 Donations-Crime Prevention 3,747. increase Child Care Trust - Advocacy Code 10-7303-002 Salaries & Wages 8,869. increase 10-7303-003 Salaries & Wages, PT 4,148. increase 10-7303-074 Capital Outlay 4,140. increase 10-7303-0101 Education/Demonstration 500. increase 10-7303-011 Telephone 500. increase 10-7303-012 Printing 150. increase 10-7303-045 Contracted Services-Adv. 500. increase 10-7303-033 Materials & Supplies 800. increase 10-7303-0111 Postage 625. increase 10-7303-010 Empl. Train/Profess. Dev. 1,200. increase 10-7303-014 Travel 838. increase 10-7303-0531 Resource Library 230. increase Revenue: 10-3480-088 Child Resource Grant 22,500. increase Social Services Code 10-7710-1510 Crises Intervention 33,919. increase Revenue: 10-3480-0010 Social Services Admin. 33,919. increase I Interfund Transfers Code 10-8701-1684 Interfund Transfer to Coop. Ext. Special Trust Fund 370. increase ~evenue: 10-3990-000 Fund Balance Appropriated 370. increase ADDENDUM TO CONTRACT - Addendum to Cost Containment, Inc. contract for food stamp - . WITH COST CONTAINMENT issuance allowing on-the-site issuance instead of mail issuance. TAX REFUNDS 4. Tax refunds (Attachment 1) 5. Reclassification of Physician Extender in Health Department from PHYSICIAN EXTENDER Physician Extender I, salary grade 73, to Physician Extender II, RECLASSIFICATION salary grade 75 PROJECT ORn. NORTH 6. Project Ordinance for North Harnett Elementary School wastewater HARNE'!''!' FoT ,FoMF.NTARY SCH. project (Attachment 2) 7 . AppOintments/Reappointments: APPOINTMENTS/REAPPOINT. Board of Health for a 3-year term to expire 12-31-96 Dr. R. Harold Dixon (reappointed) John R. Wiggins (reappointed) Albert Gregory CCCC Harnett County Campus Advisory Committee for a 3-year term to expire 12-31-96 Harrington Morrison (reappointed) I Graham Stewart (reappointed) Rachel M. Barnes (reappointed) Planninq Board for a 3-year term to expire 12-31-96 Ted Brown Harnett County Youth Planninq Board for a 2-year term to expire 12-31-95 Cecile Coats Mary McNeil Wanda Gardner Marshall Woodall H. L. Sorrell ~ , '" ~,--'~'-. .-.-~- . ~1. ~ j", '''''',~'1 --- - - ------",--------- . -- -."- >_. --..~-. 319 Transportation Advisory Board - appointed annually Jack Bryan Wayne Faircloth May Marshbanks Alice Powell Terri Bullock Billy Cupit I Phyllis Clayton Melanie Collins Jerry Blanchard Betty Lou Darroch Queen Penny Tony Wilder Bob Hathcock Joseph T. Bowden Harrington Morrison Henry Thompson Library Board for a 4-year term to expire 1-1-98 Marie Salmon Ronnie Faulkner Linda Holliday Airport Committee for a 4-year term to expire 12-31-97 Cecil Edgerton Stanley Bass Guy Cayton Tony Wilder Walt Titchener Home & Community Care Block Grant Committee Beatrice Reidell Board of Ad;ustment for a 3-year term to expire 9-1-96 Howard Penny, Jr. Informal comments were provided by Cornell Robinson, presenting a request from Western Medical Group for donation from the County of two acres of land at the Benhaven Medical Center. Mr. Robinson stated that the Western Medical Group is requesting a clear deed without restrictions. COMMENTS FROM CEMETARY John Hairr, Cemetery Board member, submitted to the Board comments I BOARD RE: PROPOSED from the Cemetery Board concerning proposed bylaws for the Cemetery BYLAWS Board. The Board of Commissioners took no action on this matter. Tony Wilder, Assistant County Manager, presented to the Board proposed BYLAWS FOR AIRPORT bylaws for the Harnett County Airport Committee. Commissioner Bowden COMMITTEE moved for approval of the bylaws as presented. Commissioner Andrews seconded the motion and it passed with a unanimous vote. Chairman Sorrell stated that the Board would now consider certain SOUTHEAST W & S DISTRICT matters sitting in its capacity as the governing body of Southeast MEETING Water and Sewer District of Harnett County. Al Bain, Public Utilities Attorney, presented for the Board's consideration a resolution regarding financing improvements to district. Commissioner Titchener moved for adoption of the resolution. Commissioner Andrews seconded the motion and it passed with a unanimous vote. (Attachment 3) Chairman Sorrell adjourned the meeting of the Board sitting as the governing body of Southeast Water and Sewer District. Chairman Sorrell stated that the Board would now consider certain WEST CENTRAL W & S matters sitting in its capacity as the governing body of West Central DISTRICT MEETING Water and Sewer District. Al Bain, Public Utilities Attorney, presented for the Board's consideration a resolution regarding financing improvements to district. Commissioner Andrews moved for adoption of the resolution. Commissioner Bowden seconded the motion and it passed with a unanimous vote. (Attachment 4) Chairman Sorrell adjourned the meeting of the Board sitting as the governing body of West Central Water and Sewer District. SOUTH CENTRAL W & S Chairman Sorrell stated that the Board would now consider certain DISTRICT MEETING matters sitting in its capacity as the governing body of South Central I Water and Sewer District. Vanessa W. Young, Clerk to the Board, read aloud "Bond Order Authorizing the Issuance of $2,400,000 Water Bonds of the South Central Water and Sewer District of Harnett County". Commissioner Hill made a motion to proceed to hold a public hearing on the water bond order. Commissioner Bowden seconded the motion and it passed with a unanimous vote. Chairman Sorrell opened the meeting for public comments. Comments endorsing the proposed resolution were providEd by the following citizens: 1. Rev. C. P. Tarkington, Chairman of South Central Water & Sewer District Advisory Board, 6503 Ray Road, Spring Lake 2. Holt Felmet, South Central Water & Sewer District Advisory Board member, Rt. 1, Box 148, Bunnlevel 320 T:'.ere being no further comments, Commissioner Andraws moved to close t~e public hearing. Commissioner Bowden seconded the motion and it passed with a unanimous vote. Commissioner Andrews moved for approval of the bond order. Commissioner Bowden seconded the motion and it passed with a unanimous vote. I Al Bain, Public Utilities Attorney, presented for the Board's consideration a resolution concerning call for election regarding the bond order. Commissioner Bowden moved for adoption of the resolution. Commissioner Andrews seconded the motion and it passed with a unanimous vote. (Attachment 5) SOUTH CENTRAL MEETING Chairman Sorrell adjourned the meeting of the Board sitting as the CLOSED governing body of South Central Water and Sewer District. Neil Emory, County Manager, presented an overview of Harnett County Government's 1993 accomplishments. MID-MONTH MEETING CJmmissioner Titchener made a motion to cancel th~ ~id-month meeting CANCELED LOt December this year. Commissioner Bowden seconc'.::d the motion and it ~~ssed with a unanimous vote. Raports were filed with the Board from the Fire Marshal's Office, Veteran's Service, Emergency Medical Services, and Tax releases. Report of Intra-Departmental Budget Amendments and the Tax Attorney's report were filed with the Board and are copied as Attachment 6 and Attachment 7. Commissioner Hill moved that the Board go into executive session to discuss legal items. Commissioner Andrews seconded the motion and it passed with a unanimous vote. Commissioner Bowden moved that the Board come out of executive session. Commissioner Andrews seconded the motion and it passed with a unanimous vote. COUNTY MANAGER AUTHORIZED Commissioner Bowden made a motion to authorize the County Manager to I retain engineering services in order to proceed with water and sewer TO RETAIN ENGINEERING i~provements for the Governmental Complex site. Commissioner SERVICES FOR WATER & T~tchener seconded the motion and it passed with a unanimous vote. SEWER FOR GOVERNMENTAL COMPLEX SITE K.:-nnie Parrish, Social Worker Supervisor, D.S.S. , ~resented a request fjr additional Social Worker III positions. The Board will consider ~~e request at a future meeting. CONGRATULATIONS TO Commissioner Titchener moved that a letter of congratulations be CAMPBELL UNIV. BASKETBALL written to Campbell University's basketball team on their recent win TEAM against N.C. State University. Commissioner Bowden seconded the motion and it passed with a unanimous vote. The Harnett County Board of Commissioners regular meeting December 6, ADJOURNMENT 1993 was recessed at 11:30 a.m. until December 13, 1993, at 7 p.m. at the Harnett County Law Enforcement Center, Edward Brothers Drive, Lillington, North Carolina. /tf ~I Chairman /~ cV. '--U~/ Vanessa W. Young, Clerk ( () Kay ~~~i;.ar&o~~icretary I I -.-.----- -- .~--- - ._~.-... 321 fa.... (I:.~ ~. ...., Attachment l. '~.>...:L;-;{" ;....~.,... t,. .; :;"",. [;ate __._.___...___. TAX REFUNDS FOR NOVEMBER Deceft)er 6, 1993 .ill!! PARCEL NUMBER NAME REFUND AMOUNT REASON FOR REFUND I 1. 935434850000 General Electric Capital Auto Vehicle was sold four 600 Mart Rd months after the tags POBox 310 were renewed. Barrington Il 60011-0000 $ 36.92 S4446 x .0070 = $ 31.13 Co ( 1993) S4446 x .0009 = 4.01 NH Fire S4446 x .0004 = 1 .78 NH AiB: .--...---------------------- S4446 x .0083 = $ 36.92 Total 2. 0401154000 William Ralph Matthews Vehicle was sold on October N Raleigh St 23, 1993 and the tags were Box 596 turned in. Angier NC 27501 $ 7.90 $ 500 x .0075 = $ 3.75 qier (1993) $ 500 x .0070 = 3.50 CW $ 500 x .0008'= .40 BR Fire $ 500 x .0005 = .25 BR Aesc ----------------------------- $ 500 x .0159 = $ 7.'iO Teal 3. 935323420000 Abraham Mustapha Military exempt. Route 2 Box 1000 Cameron NC 28326 $120.57 $14440 x .0070 = $101.08 CW (1993) $14440 x .00105= 15.16 SS Fire $14440 x .0003 = 4.33 BH Resc ----------------------------- $14440 x .00835= $120.57 Tota I 4. 10-0549-12-01-0286 Beatrice Bailey Hill Sol id waste fee - house not POBox 993 liveable. L ill ington NC 27546 $ 37.50 $ 37.50 x 1 = $ 37.50 SW ( 1993) 5. 11-0670 0319 Joyce P Andrews Solid waste fee - house Route 2 removed from property. Fuquay Varina NC 27526 $ 37.50 $ 37.50 x 1 = $ 37.50 SW (1993) 6. 02-1517-20-03-0003 Lillian L Covington Sol id waste fee - house not 907 N Virginia Street liveable. Goldsboro NC 27530 $ 37.50 $ 37.50 x 1 = $ 37.50 SW (1993) 7. 001003682000 Thomas A Ayers Military exempt. Route 4 Box 396 L ill ington NC 27546 $ 35.19 S4630 x .0070 = $ 32.41 CW ( 1993) S4630 x .0006 = 2.78 SM Fire ---------------------------- $4630 x .0006 = $ 35.19 Total 8. 101525000 Marvin West Jr Billed twice for the same 1920 Bunnlevel vehicle Bunnlevel NC 28323 $ 13.61 $1680 x .0070 = $ 11.76 CW I ( 1993) $1680 x .0011 = 2.85 FB Fire ---------------------------- $1680 x .0081 = $ 13.61 Total 9. 01-0534 0110 Sherrill Bridges Sol id waste fee - house used Route 1 Box 450 8S storage. Spring Lake NC 28390 $ 37.50 $ 37.50 x 1 = $ 37.50 SW ( 1993) 10. 001200458000 James Elmer & Callie S Jones Billed twice for same vehicle C/O Harnett Co Tax Collector tag. L ill ington Nt 27546 $107.53 $12650 x .0070 = $ 88.55 CW (1993) S12650 x .0015 = 18.98 Crains Crk Fire ---------------------------- $12650 x .0085 = $107.53 Tot 322 11. 0212350000 Stephen Keel Snipes Taxed twice for the same Amanda Wes t Sn i pes vehicle tags. Route 1 Box 15A Erwin NC 18339 $ 74.98 $9930 x .0070 = $ 69.51 CW (1993) $9930 x .00035= 3.48 AVE Resc $9930 x .0002 = 1.99 AVE SdI ---------------------------- S9930 x .00755= $ 74.98 Total 12. 93540403000 Arthur Arnett Willey Vehicle owned by husband and I Route 6 Box 1224 wi fe, husband mil i tary exenpt Sanford NC 27330 releasing his portion of bill. $141.00 $16885 x .0070 = $118.20 CW (993) . $16885 x .00105= 17.73 SS Fire $16885 x .0003 = 5 .07 BH Resc -------------------------- $16885 x .00835= $141.00 Tot Mr. Willey had another vehicle that was in his name only which makes it mil itary eXeq:lt. $103.87 $12440 x .0070 = $ 87.08 CW ( 1993) $12440 x .00105= 13.06 SS Fire $12440 x .0003 = 3.73 BH Resc ---------------------------- $12440 x .00835= $103.87 Tot Mr. Willey had a trailer titled in his name only thus it is military eXeq:lt. $ 2.51 $ 300 x .0070 = $ 2.10 CW (1993) $ 300 x .00105= .32 SS Fire $ 300 x .0003 = .09 BH Aesc -------------------------- $ 300 x .00835= $ 2.51 Tot 13. 05,")735000 Gregory Mason Dement DCllble listed in Wake COU"Ity. Route 1 Box 289-A Leased vehi cle, located in I Holly Springs NC 27540 Wake County. $101.80 $11710 x .0073 = $ 85.48 CW (1991) $11710 x .0009 = 10.54 NH Fire $11710 x .0002 = 2.34 NH Resc ---------------------------- $11710 x .0084 = $ 93.93 Tot Interest 7.87 -------------------------- $106.23 Tot 14. 0601872000 Bill Y Moran C8lper over-valued accordirQ 800 Lucas St to bill of sate. Erwin NC 28334 $ 28.04 $4005 x .0070 = $ 28.04 CW ( 1993) 15. 93520636000 Michael John McPeake Militaryexeq:lt. 612 SlIIIllit Ct Cameron NC 28367 $ 24.30 $3000 x .0070 = $ 21.00 CW (1993) $3000 x .0008 = 2.40 BH Fire $3000 x .0003 = .90 BH AEB: --------------------------- S3000 x .0081 = $ 24.30 Total 16. 0901545000 Delmar Theodore Glem Vehicle listed in January Route 3 Box 171 B as a unregistered vehicle. Cameron NC 28326 When she purchased her tags she was billed again. $ 32.23 $3980 x .0070 = $ 27.86 cw (1993) $3980 x .0008 = 3.18 BH I Fire $3980 x .0003 = 1. 19 BH Resc ---------------------------- 13980 x .0081 = $ 32.23 Total 17. 09-9575 0251 Mark Goode Sol id WEste fee - lIIlbi le hane POBox 178 not liVEable. Spring Lake NC 28390 $ 37.50 $ 37.5C x 1 = $ 37.50 SW 18. ,..-0661 0126-02 Daniel & Wanda Brown Land transferred and sol id Route 1 Box 134 waste was still charged. Lilli ngton NC 27546 $ 37.50 $ 37.50 x 1 = $ 37.50 SW -- 323 . . . . IlElNESS ~ ~y RERm W REFtN1) RR IDJEM3fR .-D-(.... (p ~ ::;., 1<J33 TIEM ID. ACrrl.NT N..t-ftR N6l-E PM!' CF REFl.N) REA.c.rn RP REFtN) I 1. r::H:h7'BJJJ 'llMJfA Wlili ~.ll CD. $ 159.82 TIIIS HUtttii IS lOCAlED rn .IH'blU~ CD. l.E5: G1 LAl'uu~ m..uXE lEASIN:; CD. ~.u:v HERE IN tl<tU{. ~ 'fA'\{ W'l. 191.lll X .70 = 113. ~ Ca.I1ty wide 1m. s. ~~ AVE. 191q() x.OO = 15.31 B1a:k River Fire l~ CA 9J:D1-ml 1911i) x .055 = 10.53 B1a:k River Res:lE 1911l) x . B35 = 159.82 RffiN) 2. OM0288X> \.mEN On.. CD. ~.01 ~ OlER-llSIID KR lCJJ1. DTI:roIllitlJ ro !DC 251 (1991) rn AIDIT. ~, t{: 2ar4 176% x .73 = 129.18 Canty wide 176% x.03 = 5.3:> Aver&Lu.LV Res::u:! 176% x.CJ2 = 3.53 AverasLu.LV &frol 176% x .78 = 138.01 REFtN) 0;nL0288D \.mEN on.. CD. L!E.27 EtEINESS OJER-USIID KR 19:X). DISC'OJtl\W EM: AS N5JJE (1CfX>) rn AlDIT. 'E1.E x .73 = 218.33 Carlty ....'i.cE L.':N..J1 x.DC. = 11.% Averasroro Pcro.E L.~ x.CJ2 = 5.98 Averasroro &frol 'm:f) x.79 = a.27 RffiN) 3. 0210nTill lNlVfRSAl.. H.A5ITCS OC. 187.97 IlEINESS OJER-llSIED RR 1932. DLSCINllitlJ ro B:X 476 (1932) rn AlDIT. om, rc ?~T24 24EH) x .70 = 174.29 Ca.nty wide 24P$ x .035 = 8.71 Averas1:oro Res::u:! 24EH) x.CJ2 = 4.97 Aver&Lv.LU SlLA.l I 24EH) x .755 = 187.97 RffiN) 021077Till lM.VERSAL IDSITCS IN:. 26.74 IlElNESS OJER-lliltlJ RR 1989. DIfillJERID Sffi AS N5JJE (1989) rn M.DIT. 3?i37 x. 73 = 24.72 Canty wide :n37 x.DC. = 1.35 Averas1:oro Roc:n 1P 3327 x.CJ2 = .67 Averas1xJro ~l 3137 x. 79 = 26.74 REflN) 4. Q3)'5.)7PfJ1J a.1VIA ~ & 1UL 29.).~ Eil3NSS OJER-~ltlJ KR 1932. D1.IDJfi<tJJ ro B:X 351 (1932) IN PlDIT. a.1VIA, rc 28J)8 :B!A7 x .70 = m.92 Canty wide ~7 x.oo = 28.67 IbioVal Fire ~7 x.03 = 10.75 Eataven Fes::te 35PA7 x.81 = ZCl>.34 REFlN) O3JX6OCLJ UlVlA 00100 & 1UL 103.00 fiEINESS OJER-lli.illJ KR 1~. DI3Th'.tKt1J S*E AS N!JJE (1989) IN AUDIT. 12072 x .73 = 88.12 Camty wide 12072 x.oo = 9.65 bllQVal Fire W72 x.05 = 6.03 ra 1 oval Res:::l..E L?072 x "~ = 103.8(\ REFU\D .. 5. lv..u.6L~ EIWARr6 mJ.LclERS $ XJ.47 ffiS1NESS OJER-lliltlJ KR 1HE YEARS 1989- AnN. KENflH RES (1989) lW2. DTIIDJtl<tJJ IN tWIT. ro B:X 1025 4174 X. 73 = '5.).47 Canty wide I1ll..llIf.:J1U~, N: 27% I 182.66 z:D23 x ."i3 = 182.ffi Canty wide (1CfX>) 131.12 17%2 x .73 = 131.12 Canty wide (1991) 3:>.89 4414 x. 70 = '5.).89 Canty wide (1<JJ2) 375.14 Rf.RN) 324 Attachment 2. NORTH HARNETT ELEMENTARY SCHOOL I SEWER LINE EXTENSION PROJECT ORDINANCE. BE IT ORDAINED by the Board of Commissioners of Harnett Cuunty: section 1: To provide a gravity collection line, sewer lift station, and force main via S.R. 1438 and Hwy 210 to transport wastewater from the North Harnett Elementary School to the existing collection system at the Harnett Central Middle School complex. section 2: The following amounts are hereby appropriated in the construction of this project: t ..:-. ./;// ,.C I Construction $71,750 / -.() Technical 9,200 ,~ () .9{ Legal/Adm 1,500 contingencies 8,550 Total Project $91,000 section 3: It is estimated that the following revenues will be available for this project: . ....,... ; .., $91,000 ' .,~ Transfer from General Fund This 6th day of December, 1993. I BY: #k~~ / H.L. Sorrel!',' dr., Chairman Harnett cou~ Board of Commissioners ,AT~ST:. \ );Il-vv"~" . 'r J.J -[ ~"~ Vanessa W. Young Clerk to the Board I 325 Attachment 3. EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS, SITTING AS THE GOVERNING BODY OF SOUTHEAST WATER AND SEWER DISTRICT OF HARNETT COUNTY * * * "Ie I presented the following resolution and moved that it be adopted: WHEREAS, the bond order hereinafter described has taken effect and the Board of Commissioners of the county of Harnett, sitting as the governing body of Southeast Water and Sewer District of Harnett County, North Carolina (the "Issuer"), desires to make provision for the issuance of bonds authorized by sa:.d bond order; and WHEREAS, the Board of Commissioners of the County of Harnett, sitting as the governing body of the Issuer, desires to sell the bonds at private sale without advertisement; and WHEREAS, the Board of Commissioners of the County of Harnett, sitting as the governing body of the Issuer, desires to I sell the bonds at a rate of interest not exceeding 5.125% per annum; and WHEREAS, the Board of Commissioners of the County of Harnett, sitting as the governing body of the Issuer, has been informed of Farmers Home Administration's undertaking to purchase the bonds at the rate of 5.125% per annum, NOW THER13FORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett, sitting as the governing body of the Issuer, as follows: ( 1) The Issuer shall issue its bonds of the aggregate principal amount of $1,482,000 pursuant to and in accordance with the water bond order adopted by the Board of Commissioners of the County of Harnett, sitting as the governing body of the Issuer, on November 2l, 1988. The bonds shall be designated "Water Bonds." The period of usefulness of the capital project to be I financed by the issuance of the bonds is a period of forty years cOffiputed from the date of the bonds. (2 ) The bonds shall be issuable in the denomination of $500 or any integral multiple thereof, shall be numbered so as to uniquely designate each bond and such numbering shall be in ac- cordance with the system of the hereinafter designated bond registrar of the Issuer and shall be payable in annual installments on June I as follows: 326 principal principal Principal Year Amount Year Amount Year Amount 1996 $15,500 2009 $29,000 2022 $55,000 1997 16,000 2010 30,000 2023 58,000 1998 17,000 2011 32,000 2024 61,000 1999 17,500 2012 33,000 2025 62,000 2000 18,000 2013 35,000 2026 62,000 2001 19,000 2014 37,000 2027 62,000 2002 20,000 2015 39,000 2028 62,000 I 2003 21,000 2016 41,000 2029 62,000 2004 22,000 2017 43,000 2030 62,000 2005 24,000 2018 45,000 2031 62,000 2006 25,000 2019 47,000 2032 52,000 2007 26,000 2020 50,000 2033 31,000 2008 27,000 2021 52,000 (3 ) The bonds shall be dated December I, 1993 (unless awarded to the United states of America in which case the bonds shall be dated as of the date of delivery thereof), and shall bear interest from their date until they shall mature at a rate or rates which shall not exceed 5.125% per annum. Such interest shall be payable semi-annually on June 1 and December 1 in each year; provided, however, that if any bonds shall be purchased by the United states of America, the interest on such bonds to the maturity thereof shall be payable on June I, 1994 and ann~ally thereafter of the lst day of June of each year. (4) The bonds shall be issued as fully registered bonds wlthout coupons in the denomination of $500 each or any I integral multiple thereof (the "Multiple Bonds"), or, at the option of the purchaser, as a single fully registered bond without coupons in the denomination of $1,482,000 (the "Single Bond") payable in installments. If issued as Multiple Bonds, the bonds shall bear the facsimile signatures of the Chairman of the governing body of the Issuer and the Clerk of the Issuer and a facsimile of the corporate seal of the Issuer and the Certificate of Approval of the Local Government Commission shall bear a facsimile signature of the Secretary of said Commission. If issued as a Single Bond, the bonds shall be signed by tL2 Chairma~ of the governing body of the Issuer and the Clerk of the Issuer, the corporate seal of the Issuer shall be impressed thereon and the certificate of Approval of the Local Government Commission shall be signed by a designated assistant of said Commission. Interest on the bonds shall be paid by check by the I Issuer or a paying agent to be designated by the governing body of the Issuer (the "Paying Agent") and mailed to the registered owner of record as of 15 days prior to the interest payment date at his address as it appears on the bond registry books of the Paying Agent. Princip~l of the bonds shall be paid by check by the Paying Agent upon pr~sentation of t~e bonds for payment. 327 (5) At the option of the purchaser of the bonds, the Issuer may issue, in lieu of the Multiple Bonds, a single Bond without coupons bearing interest at the same rate or rates as the I Multiple Bonds. The Single Bond shall be of the denomination of $1,482,000, shall be numbered R-1 and shall be payable in installments on June 1 in years and amounts as set forth with respect to the Multiple Bonds. Within ninety days after the receipt by the Issuer of the written request of the registered owner of the single Bond, the Issuer will, at its own expense, prepare and execute Multiple Bonds in the form hereinafter set forth, of type, composition and printed on paper of customary weight and strength, in an aggregate principal amount equal to ' the unpaid principal amount of the single Bond, and having maturities corresponding to the principal installments of the Single Bond then unpaid; and the Issuer will cause the Multiple Bonds to be presented to the transfer agent to be designated by the Issuer (the "Transfer Agent") for endorsement and for dating the authentication blank thereon and for delivery to the registered owner of the Single Bond upon surrender and I cancellation of the Single Bond. (6) The Single Bond purchased by the United States of America shall be payable in installments without presentation at the National Finance Office of the Farmers Home Administration, st. Louis, Missouri. (7) So long as the bonds are held or insured by the united states of America, Farmers Home Administration, the principal thereon may be prepaid in whole or in part without pre- mium at any time in inverse order of maturity. (8) The bonds maturing on and after June I, 2004 shall be subject to redemption prior to their stated maturities at the option of the Issuer on or after June I, 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 (l/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 redaemed, 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 the Issuer in such manner as it may determine. If less than all of the bonds of different maturities are called for 328 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. I 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 re- deemed 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 the Transfer Agent, as bond registrar, but any failure in respect of such mailing will not affect the validity of the redemption. (9) The Multiple Bonds and the provisions for the reg- istration thereof, for the approval of the Multiple BOods by the I Secre~ary of the Local Government commission, and for authentica- tion of the Multiple Bonds by the Transfer Agent shall be in substantially the following form: (Form of Multiple Bonds) No. R- $ UNITED STATES OF AMERICA STATE OF NORTH CAROLINA SOUTHEAST WATER AND SEWER DISTRICT OF HARNETT COUNTY WATER BOND DATE OF INTERl::1ST ORIGINAL RATE MATURITY ISSUE December I, 1993 REGISTERED OWNER: I PRINCIPAL SUH: DOLLARS The Southeast Water and Sewer District of Harnett county (hereinafter referred to as the "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 speci::ied above, upon the surrender hereof, the principal sum -- .._-~--_._~.__.-.-..__... --~._._-- 329 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 as specified above, payable semi-annually on June I and December 1 of each year. Principal of this bond is payable I by check by First-citizens Bank. & Trust Company, in 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 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, in Raleigh, North Carolina, as transfer agent (the "Transfer Agent"), at the close of business on the fifteenth day of the calendar month (whether or not a business day) next preceding 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 I 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, Chapter 159 of said General statutes, and a bond order adopted by the Board of Commissioners of the County of Harnett, sitting as the governing body of the District, on November 21, 1988 to pay capital costs of providing water facilities for the District. I The issuance of this bond and the contracting of the indebtedness evidence thereby were approved by a majority of the qualified voters of the District voting at an election held on January 24, 1989. The bonds maturing on and after June I, 2004 shall be subject to redemption prior to their stated maturities at the option of the District on or after June I, 2003, in whole at any time or in part on any interest payment date, at a redemption 330 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 l%) 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 I that such premium shall not exceed two percent 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 the District in such manner as it may determine. 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 I shall become due and payable upon each bond or portion 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 the Transfer Agent, 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, 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 limitation prescribed by said Constitution I 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 until the certifications hereon shall have been signed by authorized representatives of the Local Government Commission of North Carolina and the Transfer Agent. ~_...--- "-_._-~. 331 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 facsimile of the corporate seal of the District to be imprinted hereon, and this bond to be dated December 1, 1993. I (facsimile sianaturel Chairman, governing body of Southeast Water and Sewer District of Harnett County (DISTRICT) ( SEAL) (facsimile sianaturel Clerk, Southeast Water and Sewer District of Harnett County TRANSFER AGENT'S CERTIFICATE OF AUTHENTICATION This bond is one of the bonds of the issue designated herein and issued under the within-mentioned bond order. FIRST-CITIZENS BANK , TRUST COMPANY BY: Authorized Signatory I Date of Authentication: CERTIFICATE OF LOCAL GOVERNMENT COMMISSION The issue hereof has been approved under the provisions of The Local Government Bond Act. (facsimile sianaturel Secretary of the Local Government Commission ASSIGNMENT For value received the undersigned registered owner thereof hereby sells, assigns, and transfers unto the within bond and all rights thereunder and hereby irrevocably constitutes and appoints I attorney to register the transfer of said bond on the books kept for registration thereof, with full power of substitution in the premises. Signature Guaranteed: Dated: 332 NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. (10) The Single Bond, the provisions for entry of pay- ments of principal and interest with respect thereto, for assign- I ment thereof and for approval thereof by the Secretary of the Lo- cal Government Commission to be endorsed tnereon shall be in substantially the following form: (form of Single Bond) UNITED STATES OF AMERICA STATE OF NORTH CAROLINA SOUTHEAST WATER AND SEWER DISTRICT OF HARNETT COUNTY WATER BOND R-1 $1,482,000 The Southeast Water and Sewer District of Harnett County (hereinafter called the "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 UNITED STATES OF AMERICA, FARMERS HOME ADMINISTRATION, or its I regi3tered assigns (herein called "Payee"), the principal sum of $1,4~2,OOO on the first day of June in years and installments, as folL>ws: Principal principal Principal Year Amount Year Amount Year Amount 1996 $15,500 2009 $29,000 2022 $55,000 1997 16,000 2010 30,000 2023 58,000 1998 17,000 2011 32,000 2024 61,000 1999 17,500 2012 33,000 2025 62,000 2000 18,000 2013 35,000 2026 62,000 2001 19,000 2014 37,000 2027 62,000 2002 20,000 2015 39,000 2028 62,000 2003 21,000 2016 4l,OOO 2029 62,000 2004 22,000 2017 43,000 2030 62,000 2005 24,000 2018 45,000 2031 62,000 2006 25,000 2019 47,000 2032 62,000 2~07 26,000 2020 50,000 2033 31,000 2 :'08 27,000 2021 52,000 in s~ch coin or currency of the united States of America as at the ~ime of payment shall be legal tender for the payment of debts due the united States of America, and to pay interest on I the balance of said principal sum from time to time remaining unpaid, in like coin or currency, at the rate of five and one hundred twenty-five thousandths per centum (5.125%) per annum on June 1, 1994, and annually thereafter on June 1 of each year, until the principal amount hereof has been paid. Payments of the installments of principal a,d interest then due and payable on this bond without presentatic, or surren- ~.'!'I".""'"r.--...~"""""""'_'~.- - ."...,..-"""!"".-.........................,....,.--.-.,.- ..~r~ 333 der hereof shall be made at the National Finance Office of the Farmers Home Administration, st. Louis, Missouri. Upon receipt of said payments of principal and interest, written notice of the receipt thereof shall be given promptly to the District and the I District shall be fully discharged of the obligation on this bond to the extent of the payment so made. Upon final payment of principal and interest, this bond shall be surrendered to the District for cancellation. 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, Chapter 159 of said General statutes, and a bond order adopted by the Board of Commissioners of the County of Harnett, sitting as the governing body of the District, on November 21, 1988 to pay capital costs of providing water facilities for the District. The issuance of this bond and the contracting of the indebtedness evidenced thereby were approved by a majority of the qualified voters of the District voting at an election held on January 24, 1989. This bond is exchangeable at the sole expense of the I District at any time, upon ninety days' notice, at the request of the registered owner hereof and upon surrender of this bond to the District, for fully registered bonds, in the denomination of $500 each or any integral multiple thereof, in an aggregate principal amount equal to the unpaid principal amount of this bond and in the form of such fully registered multiple bonds as is provided for in the resolution authorizing the issuance of the bonds. This bond may be assigned and upon such assignment the assignor shall promptly notify the District by registered mail, and the assignee shall surrender the same to the District for transfer on the registration records, or in exchange for fully registered bonds in the denomination of $500 each or any integral multiple thereof, in an aggregate principal amount equal to the unpaid principal amount of such single registered bond and I bearing maturities corresponding to the principal installments on such single registered bond then unpaid, and every such assignee shall take this bond subject to such condition. So long as this bond is held 6r insured by the United states of America, Farmers Home Administration, the principal in- stallments hereof may be prepaid in whole or in part at any time in inverse order of maturity. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the ---,.- 334 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 this bond is within every limitation 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 I accordance with its terms. IN WITNESS WHEREOF, the District has caused this bond to be signed by the Chairman of the governing body of the District and the Clerk of the District and sealed with the corporate seal of the District and this bond to be dated December 1993. - Chairman, governing body of the Southeast Water and Sewer District of Harnett county (DISTRICT) ( SEAL) Clerk, Southeast Water and Sewer District of Harnett County CERTIFICATE OF LOCAL GOVERNMENT COMMISSION The issuance of the within bond has been approved under the provisions of The Local Government Bond Act. I Secretary of the Local Government Commission By: Designated Assistant PAYMENT RECORD Name of Principal Interest payinq Aqent, principal Balance Payment Date Authorized Due Date PaYment Due (5.125%) Paid Off. , Title June 1, 1994 June 1, 1995 June 1, 1996 S15.500 June 1, 1997 16.000 June 1, 1998 17.000 June 1, 1999 17.500 June 1, 2000 18.000 June 1, 2001 19.000 June 1, 2002 20.000 June 1, 2G03 21. 000 June 1, 2004 22.000 June 1, 2005 24.000 June 1, 2':'06 25.000 I June 1, 2':'07 26.000 June 1, 2008 27.000 June 1, 2009 29.000 June 1, 2010 30.000 June 1, 2011 32.000 June 1, 2012 33.000 June 1, 2013 35.000 June 1, 2014 37.000 June 1, 2015 39.000 June 1, 2016 41. 000 June 1, 2017 43.000 June 1, 2018 45.000 June 1, 2019 47.000 June 1, 2020 50.000 June 1, 2021 52.000 June 1, 2022 55.000 ,,-..-..,- 335 June 1, 2023 58.000 June 1, 2024 61.000 June 1, 2025 62.000 June 1, 2026 62.000 June 1, 2027 62.000 June 1, 2028 62.000 June 1, 2029 62.000 June I, 2030 62.000 June 1, 2031 62.000 June 1, 2032 62.000 June 1, 2033 31. 000 I SCHEDULE "A" principal installments on which payments have been made prior to maturity. Name of paying principal Due Agent, Authorized principal Off. , Date Amount Payment Balance Date Paid Title (Form of Assignment) For value received the Payee named in the within Bond hereby sells, assigns and transfers said Bond unto DATE I ( 11) Actions taken or to be 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 Nort~l Carolina, are hereby authorized and approved. (12) The bonds shall be sold to the Farmers Home Administration at private sale without advertisement in the form of a single registered bond bearing interest at the rate of 5.125% per annum, provided that the Local Government Commission shall determine that such price is in the best interest of the Issuer. (13) The Chairman of the governing body of the Issuer and the Clerk of the Issuer are hereby authorized and directed to I cause the bonds to be prepared and, when they shall have been duly sold by the Local Government commission, to execute the bonds and to turn the bonds over to the state Treasurer of North Carolina or to the Transfer Agent for delivery to the purchaser or purchasers to whom the bonds may be sold by said Commission. (14) 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. - ---- --------- --- -----,---- ----- 336 (15) The Issuer hereby represents that ( i) the proposed $1,482,000 Water Bonds are not private activity bonds as defined in the Code and (ii) the Issuer, together with any subordinate entit~es of the Issuer and any entities which issue obligations on behalf of the Issuer, reasonably expects that it will not issue cumulatively more than $10,000,000 of tax-exempt I obligations (other than private activity bonds which are not qualified 501(c) (3) bonds) during the current calendar year. In addition, the Issuer hereby designates the above-mentioned bonds as "qualified tax-exempt obligations" for the purposes of Section 265 (b) (3) of the Code. (16) The power to make any election on behalf of the Issuer with respect to the arbitrage rebate provisions of the Code &pplicable to the bonds is hereby delegated to the Chairman of th~ governing body of the Issuer and the Clerk of the Issuer. The motion having been duly seconded, and the resolution having been considered, it was adopted. The vote on the adoption of the resolution was as follows: STATE OF NORTH CAROLINA ) : ss. : COUNTY OF HARNETT ) I, VANESSA W. YOUNG, Clerk of the Board of Commissioners of I Harnett County and Clerk of the Southeast Water and Sewer District of Harnett county, DO HEREBY CERTIFY, as follows: 1- A regular meeting of the Board of Commissioners of Harnett County, sitting as the governing body of the Southeast Water and Sewa~ District of Harnett County, a county water and sewer district of the State of North Carolina, was duly held on December 6, 1993, proper notice of said meeting having been given as required by North Carolina statutes, and minutes of said meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the minutes of said Board. 2. I have compared the attached extract with said minutes so recorded and said extract is a true copy of said minutes and of the whole thereof insofar as said minutes relate to matters referred to in said extract. 3. Said minutes correctly state the time when said meeting was convened and the place where such meeting was held and the members I of said Board who attended said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of said District, this day of December, 1993. (DISTRICT) ( SEAL) Clerk, Board of Commissioners of Harnett County, and Clerk, Southeast Water and Sewer District of Harnett County 337 Attachment 4. EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS, SITTING AS THE GOVERNING BODY OF WEST CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNT~ * * * * I presented the following resolution and moved that it be adopted: WHEREAS, the bond order hereinafter described has taken effect and the Board of Commissioners of the County of Harnett, sitting as the governing body of West Central Water and Sewer District of Harnett County, North Carolina (the "Issuer"), desires to make provision for the issuance of bonds authorized by said bond order; and WHEREAS, the Board of Commissioners of the county of Harnett, sitting as the governing body of the Issuer, desires to sell the bonds at private sale without advertisement; and WHEREAS, the Board of Commissioners of the County of Harnett, sitting as the governing body of the Issuer, desires to sell the bonds at a rate of interest not exceeding 5.125% per annum; and I WHEREAS, the Board of commissioners of the county of Harnett, sitting as the governing body of the Issuer, has been informed of Farmers Home Administration's undertaking to purchase the bonds at the rate of 5.125% per annum, NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett, sitting as the governing body of the Issuer, as follows: (I) The Issuer shall issue its bonds of the aggregate principal amount of $1,800,000 pursuant to and in accordance with the water bond order adopted by the Board of commissioners of the county of Harnett, sitting as the governing body of the Issuer, 0n December 15, 1986. The bonds shall be designated "Water 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 the date of the bonds. (2) The bonds shall be issuable in the denomination of I $500 or any integral multiple thereof, shall be numbered so as to uniquely designate each bond and such numbering shall be in ac- cordance with the system of the hereinafter designated bond registrar of the Issuer and shall be payable in annual installments on June 1 as follows: Principal principal principal Year Amount Year Amount Year Amount 1996 $18,500 2009 $35,000 2022 $66,000 1997 19,000 2010 36,500 2023 70,000 1998 20,000 2011 38,000 2024 73,000 338 1999 21,000 2012 40,000 2025 74,000 2000 22,000 2013 42,000 2026 74,000 2001 23,000 2014 44,500 2027 74,000 2002 24,500 2015 47,000 2028 74,000 2003 26,000 2016 49,000 2029 74,000 2004 27,000 2017 52,000 2030 74,000 2005 28,500 2018 54,000 203l 74,000 2006 30,000 2019 57,000 2032 74,000 2007 31,000 2020 60,000 2033 57,500 2008 33,000 2021 63,000 (3 ) The bonds shall be dated December 1, 1993 (unless I awarded to the united states of America in which case the bonds shall be dated as of the date of delivery thereof), and shall bear interest from their date until they shall mature at a rate or rates which shall not exceed 5.125% per annum. Such interest shall be payable semi-annually on June 1 and December 1 in each year; provided, however, that if any bonds shall be pu::-chased by the united states of America, the interest on such bonds to the maturity thereof shall be payable on June I, 1994 and annually thereafter of the lst day of June of each year. (4) The bonds shall be issued as fully registered bonds without coupons in the denomination of $500 each or any integral multiple thereof (the "Multiple Bonds"), or, at the option of the purchaser, as a single fully registered bond without coupons in the denomination of $1,800,000 (the "Single Bond" ) payable in installments. If issued as Multiple Bonds, the I bonds shall bear the facsimile signatures of the Chairman of the g6~arning body of the Issuer and the Clerk of the I~suer and a f~:.simile of the corporate seal of the Issuer and the certificate of Approval of the Local Government Commission shall bear a facsimile signature of the Secretary of said commission. If issued as a single Bond, the bonds shall be signed by the Chairman of the governing body of the Issuer and the Clerk of the Issuer, the corporate seal of the Issuer shall be impressed thereon and the certificate of Approval of the Local Government Commission shall be signed by a designated assistant of said Commission. Interest on the bonds shall be paid by check by the Issuer or a paying agent to be designated by the governing body of the Issuer (the "Paying Agent") and mailed to tr.a registered ow~er of record as of 15 days prior to the interest payment date a~ his address as it appears on the bond registry books of the I Paying Agent. principal of the bonds shall be paid by check by the Paying Agent upon presentation of the bonds for payment. (5) At the option of the purchaser of the bonds, the Issuer may issue, in lieu of the Multiple Bonds, a Single Bond without coupons bearing interest at the same rate or rates as the Multiple Bonds. The single Bond shall be of the denomination of $1,800,000, shall be numbered R-1 and shall be payable in -----_.._.._--~ - ~-'~ -:T-;:'-l~"':" 339 installments on June 1 in years and amounts as set forth with respect to the Multiple Bonds. within ninety days after the receipt by the Issuer of the written request of the registered owner of the single Bond, the Issuer will, at its own expense, I pr~pare and execute Multiple Bonds in the form hereinafter set forth, of type, composition and printed on paper of customary weight and strength, in an aggregate principal amount equal to the unpaid principal amount of the Single Bond, and having maturities corresponding to the principal installments of the single Bond then unpaid; and the Issuer will cause the MUltiple Bonds to be presented to the transfer agent to be designated by the Issuer (the "Transfer Agent") for endorsement and for dating the authentication blank thereon and for delivery to the registered owner of the single Bond upon surrender and cancellation of the single Bond. (6) The single Bond purchased by the united states of America shall be payable in installments without presentation at the National Finance Office of the Farmers Home Administration, st. Louis, Missouri. (7) So long as the bonds are held or insured by the I United states of America, Farmers Home Administration, the principal thereon may be prepaid in whole or in part without pre- mium at any time in inverse order of maturity. (8) The bonds maturing on and after June I, 2004 shall 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 (l/2 of l%) 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 I selected by the Issuer in such manner as it may determine. 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 representtng the portion of the bond 'hot redeemed to the registered owner in exchange for the bond a portion of which is to be redeemed. 340 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 re- deemed 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 I 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 the Transfer Agent, as bond registrar, but any failure in respect of such mailing will not affect the validity of the redemption. (9) The Multiple Bonds and the provisions for the reg- istration thereof, for the approval of the Multiple Bonds by the Secretary of the Local Government Commission, and for authentica- tion of the Multiple Bonds by the Transfer Agent shall be in substantially the following form: (Form of Multiple Bonds) No. R- $ UNITED STATES OF AMERICA I STATE OF NORTH CAROLINA WEST CE~~AAL WATER AND SEWER DISTRICT OF HARNETT COUNTY WATER BOND DATE OF INTEREST ORIGINAL RATE MATURITY ISSUE December I, 1993 REGISTERED OWNER: PRINCIPAL SUM: DOLLARS The West Central Water and Sewer District of Harnett County (hereinafter referred to as the "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 C~ the date spec:..fied above, upon the surrender hereof, the principal sum I show~ 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 as specified above, payable semi-annually on June 1 and December 1 of each year. Principal of this bond is payable by check by First-citizens Bank & Trust Company, in Raleigh, North Carolina, as paying agent, or by the duly appointed alternate or successor paying agent (the "Paying Agent"), in such ~ .~..,.... ~-_._----- 341 coin or currency of the United states of America as at the time of payment shall be legal tender for payment of pUblic and private debts. Interest on this bond is payable by check by the I 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, in Raleigh, North Carolina, as transfer agent (the "Transfer Agent"), at the close of business on the fifteenth day of the calendar month (whether or not a business day) next preceding 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 I 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, Chapter l59 of said General statutes, and a bond order adopted by the Board of Commissioners of the County of Harnett, sitting as the governing body of the District, on December 15, 1986 to pay capital costs of providing water facilities for the District. The issuance of this bond and the contracting of the indebtedness evidence thereby were approved by a majority of the qualified voters of the District voting at an election held on February 17, 1987. 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 I, 2003, in whole at any I 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 (l/2 of 1%) of the principal amount of each bond to be redeemed for each pe~iod of twelve months or part thereof between the redemption da~e and the maturity date of each bond to be redee~ed, provided that such premium shall not exceed two percent of such principal amount. If less than all of the bonds of any maturity are called 342 for redemption, the bonds to be redeemed shall be selected by the District in such manner as it may determine. 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 I 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 portion 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 the Transfer Agent, 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 limitation 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 until the certifications hereon shall have been signed by authorized representatives of the Local Government Commission of North Carolina and the Transfer Agent. IN WITNESS WHEREOF, the District has caused this bond to bear the facsimile signatures of the Chairman of the governing I body of the District and the Clerk of the District and a facsimile of the corporate seal of the District to be imprinted hereon, and this bond to be dated December I, 1993. (facsimile sianature) Chairman, governing body of West Central Water and Sewer District of Harnett County (DISTRICT) ( SEAL) _..... (facsimile sianature) Clerk, West Central Water and Sewer _District of Ha~ne~~ eo~n~v 343 TRANSFER AGENT'S CERTIFICATE OF AUTHENTICATION This bond is one of the bonds of the issue designated herein and issued under the within-mentioned bond order. FIRST-CITIZENS BANK , TRUST COMPANY I BY: Authorized Signatory Date of Authentication: CERTIFICATE OF LOCAL GOVERNMENT COMMISSION The issue hereof has been approved under the provisions of The Local Government Bond Act. (facsimile siqnature) Secretary of the Local Government Commission ASSIGNMENT For value received the undersigned registered owner I thereof hereby sells, assigns, and transfers unto the within bond and all rights thereunder and hereby irrevocably constitutes and appoints attorney to register the transfer of said bond on the books kept for registration thereof, with full power of substitution in the premises. signature Guaranteed: Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the I within bond in every particular, without alteration or enlargement or any change whatever. (10) The single Bond, the provisions for entry of pay- ments of principal and interest with respect thereto, for assign- ment thereof and for approval thereof by the Secretary of the Lo- cal Government Commission to be endorsed thereon shall be in substantially the following form: -,_.- 344 (form of Single Bond) UNITED STATES OF AMERICA STATE OF NORTH CAROLINA WEST CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY WATER BOND R-1 $1,800,000 I The West Central Water and Sewer District of Harnett County (hereinafter called the "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 UNITED STATES OF AMERICA, FARMERS HOME ADMINISTRATION, or its registered assigns (herein called "Payee"), the principal sum of- $1,900,000 on the first day of June in years and installments, as follows: principal principal Principal Year Amount Year Amount Year Amount 1996 $18,500 2009 $35,000 2022 $66,000 1997 19,000 2010 36,500 2023 70,000 1998 20,000 2011 38,000 2024 73,000 1999 21,000 2012 40,000 2025 74,000 2000 22,000 2013 42,000 2026 74,000 2001 23,000 2014 44,500 2027 74,000 I 2002 24,500 2015 47,000 2028 74,000 2003 26,000 2016 49,000 2029 74,000 2004 27,000 2017 52,000 2030 74,000 '2005 28,500 2018 54,000 2031 74,000 2006 30,000 2019 57,000 2032 74,000 2007 31,000 2020 60,000 2033 57,500 :l008 33,000 2021 63,000 in ~uch coin or currency of the united States of Ame~ica as at the time of payment shall be legal tender for the payment of deb~s due the United States of America, and to pay interest on the balance of said principal sum from time to time remaining unpaid, in like coin or currency, at the rate of five and one hundred twenty-five thousandths per centum (5.125%) per annum on June 1, 1994, and annually thereafter on June I of each year, until the principal amount hereof has been paid. Payments of the installments of principal and interest then due and payable on this bond without presentation or surren- der hereof shall be made at the National Finance Off~ce of the Far~ars Home Administration, st. Louis, Missouri. U;0.1 receipt I of s~id payments of principal and interest, written ~otice of the receipt thereof shall be given promptly to the District and the District shall be fully discharged of the obligation on this bond to the extent of the payment so made. Upon final payment of principal and interest, this bond shall be surrendered to the District for cancellation. --- .j$"!,," ~_...- --.- ...._, 345 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, Chapter 159 of said General statutes, and a bond order adopted by the Board of Commissioners of the County of Harnett, sitting as I the governing body of the District, on December 15, 1986 to pay capital costs of providing water facilities for the District. The issuance of this bond and the contracting of the indebtedness evidenced thereby were approved by a majority of the qualified voters of the District voting at an election held on February l7, 1987. This bond is exchangeable at the sole expense of the District at any time, upon ninety days' notice, at the request of the registered owner hereof and upon surrender of .this bond to the District, for fully registered bonds, in the denomination of $500 each or any integral multiple thereof, in an aggregate principal amount equal to the unpaid principal amount of this bond and in the form of such fully registered multiple bonds as is provided for in the resolution authorizing the issuance of the bonds. I This bond may be assigned and upon such assignment the assignor shall promptly notify the District by registered mail, and the assignee shall surrender the same to the District for transfer on the registration records, or in exchange for fully registered bonds in the denomination of $500 each or any integral multiple thereof, in an aggregate principal amount equal to the unpaid principal amount of such single registered bond and bearing maturities corresponding to the principal installments on such single registered bond then unpaid, and every such assignee shall take this bond subject to such condition. So long as this bond is held or insured by the United states of America, Farmers Horne Administration, the principal in- s~allments hereof may be prepaid in whole or in part at any time in inverse order of maturity. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the I 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 this bond is within every limitation 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. IN WITNESS WHEREOF, the District has ca~sed this bond 346 to be signed by the Chairman of the governing body of the District and the Clerk of the District and sealed with the t 1 of the District and this bond to be dated December corpora e sea 1993. - I Chairman, governing body of th: . West Central Water and Sewer D~str~ct of Harnett county (DISTRICT) ( SEAL) Clerk, West Central Water and Sewer District of Harnett county CERTIFICATE OF LOCAL GOVERNMENT COMMISSION The issuance of the within bond has been approved under the provisions of The Local Government Bond Act. Secretary of the Local Government Commission By: Designated Assistant PAYMENT RECORD Name of I principal Interest Paying Agent, principal Balance Payment Date Authorized Due Date pavment Due (5.125%) paid Off. , Title June 1, 1994 June 1, 1995 June 1, 1996 $18.500 June 1, 1997 19.000 June 1, 1998 20.000 June 1, 1999 21.000 June 1, 2000 22.000 June 1, 2C01 23.000 June 1, 2002 24.500 June 1, 2(03 26.000 June 1, 2004 27.000 June 1, 2005 28.500 June 1, 2006 30.000 June 1, 2007 31. 000 June 1, 2008 33.000 June 1, 2009 35.000 June 1, 2010 36.500 June 1, 2011 38.000 June 1, 2012 40.000 June 1, 2013 42.000 June 1, 2014 44.500 June 1, 2015 47.000 June 1, 2016 49.000 June 1, 2017 52.000 June 1, 2018 54.000 June 1, 2019 57.000 June 1, 2020 60.000 June 1, 2021 63.000 I June 1, 2022 66.000 June 1, 2023 70.000 June 1, 2(;24 73.000 June 1, 2(,25 74.000 June 1, 2026 74.000 June 1, 2027 74.000 June 1, 2028 74.000 June 1, 2029 74.000 June 1, 2030 74.000 June 1, 2031 74.000 June 1, 2032 74.000 June 1, 2033 57.500 ---- .-..- ----.~ - ~ -_________ N...."...--r_~--.------ -;,_,_ T'_'_~ .......-:. 347 SCHEDULE "A" principal installments on which payments have been made prior to maturity. Name of paying I . Principal Due Agent, Authorized Principal Off. , Date Amount Payment Balance Date paid Title (Form of Assignment) For value received the Payee named in the within Bond hereby sells, assigns and transfers said Bond unto DATE ( 11) Actions taken or to be 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 I hereby authorized and approved. (12) The bonds shall be sold to the Farmers Horne Administration at private sale without advertisement in the form of a single registered bond bearing interest at the rate of 5.125% per annum, provided that the Local Government Commission shall determine that. such price is in the best interest of the Issuer. (13) 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 the Local Government Commission, to execute the bonds and to turn the bonds over to the state Treasurer of North Carolina or to the Transfer Agent for delivery to the purchaser or purchasers to whom the bonds may be sold by said Commission. (l4) The Issuer covenants to comply with the provisions I 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. (15) The Issuer hereby represents that (i) the proposed $1,800,000 Water Bonds are not private activity bonds as defined in the Code and (ii) the Issuer, together with any s~bordinate entities of the Issuer ar.d any entities which issue obligations on behalf of the Issuer, reasonably expects that it will not 348 issue cumulatively more than $IO,OOO,ooo of tax-exempt obligations (other than private activity bonds which are not qualified 501(c) (3) bonds) during the current calendar year. In addition, the Issuer hereby designates the above-mentioned bonds as "qualified tax-exempt obligations" for the purposes of Section 265(b) (3) of the Code. (16) 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 the Clerk of the Issuer. The motion having been duly seconded, and the resolution having been considered, it was adopted. The vote on the adoption of the resolution was as follows: AYES: NAYS: STATE OF NORTH CAROLINA ) . ss. : . COUNTY OF HARNETT ) I, VANESSA W. YOUNG, Clerk of the Board of Commissioners of I Harnett County and Clerk of the West Central Water and Sewer District of Harnett County, DO HEREBY CERTIFY, as follows: 1. A regular meeting of the Board of commissioners of Harnett County, sitting as the governing body of the West Central Water and Sewer District of Harnett County, a county water and sewer district of the State of North Carolina, was duly held on December 6, 1993, proper notice of said meeting having been given as required by North Carolina statutes, and minutes of said meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the minutes of said Board. 2. I have compared the attached extract with said minutes so recorded and said extract is a true copy of said minutes and of the whole thereof insofar as said minutes relate to matters referred to in said extract. 3. Said minutes correctly state the time when said meeting was convened and the place where such meeting was held and the members I of said Board who attended said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of said District, this day of December, 1993. (DISTRICT) ( SEAL) Clerk, Board of Commissioners of Harnett County, and Clerk, West Central Water and Sewer District of Harnett County ~...~-_.~ --~~--- 349 Attachment 5. EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY I * * * * The Clerk of the Board of Commissioners of the county of Harnett and of the South Central Water and Sewer District of Harnett County, reported to the Board of Commissioners of the county of Harnett, sitting as the governing body of the District, that the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $2,400,000 WATER BONDS OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY," which had been introduced on November 29, 1993, had been published in a qualified newspaper on November 30, 1993, with notice that the Board would hold a public hearing thereon on December 6, 1993. The Clerk of the Board of Commissioners of the County of Harnett and of the District 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 I showed the net indebtedness of the District to be % of the appraised valuation of property in said District subject to taxation. moved that the Board of Commissioners of the County of Harnett, sitting as the governing body of the District, proceed to hold a public hearing on the water bond order. The motion was seconded by and was unanimously adopted. At o'clock, . M. , the Chairman of the Board of - Commissioners of the County of Harnett, sitting as the governing body of the District, announced that the Board of Commissioners of the county of Harnett, sitting as the governing body of the District, would hear anyone who wished to be heard on the questions of the validity of the water bond order and the advisability of issuing the bonds. At the direction of the Chairman, the Clerk of the District read said bond order and the I published notice of hearing. After the Board of Commissioners of the County of Harnett, sitting as the governing body of the District, had heard all persons who requested to be heard, moved that the public hearing be closed. The motion was seconded by and was unanimously adopted. moved that the Soard of Commissioners of the County of Harnett, sittinq as the governing - 350 body of the South Central Water and Sewer District of Harnett County, adopt without change or amendment and direct the Clerk of the District to publish as prescribed by The Local Government Bone Act the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $2,400,000 WATER BONDS OF THE SOUTH CENTRAL WATER AND I 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 District, held on November 29, 1993. The motion was seconded by and was adopted by the following vote: AYES: NAYS: moved the adoption of the following resolution which was read at length to the Board: WHEREAS, the Board of Commissioners of the County of Harnett, sitting as the governing body of the South Central Water and Sewer District of Harnett County, has adopted the bond order hereinafter described authorizing the issuance of $2,400,000 I Water Bonds and such bond order and the indebtedness to be incurred by the issuance of such bonds and the tax to be levied for the payment of such bonds should be submitted to the voters of the South Central Water and Sewer District of Harnett County for their approval or disapproval in order to comply with the Constitution and laws of North Carolina; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett, sitting as the governing body of the South Central Water and Sewer District of Harnett county, as follows: (1) The questions whether the qualified voters of the South Central Water and Sewer District of Harnett County shall approve or disapprove (a) the indebtedness to be incurred by the issuance of the bonds of the District, authorized by said bond order, which indebtedness shall be secured by a pledge of the District's faith and credit, (b) the levy of a tax for the payr..ant thereof, and (c) said bond order shall be su~mitted to I the qualified voters of said District at an election to be held in Eaid District on January 18, 1994. (2) The Clerk of the Board of Commissioners of the County of Harnett and of the District is hereby authorized and directed to publish a notice of said election which shall be in substantially the following form: 351 THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY NORTH CAROLINA NOTICE OF SPECIAL BOND ELECTION I NOTICE IS HEREBY GIVEN that a special bond election will be held in the South Central Water and Sewer District of Harnett County, North Carolina, on January 18, 1994, for the purpose of sUbmitting to the qualified voters of said District the questions whether they shall approve or disapprove (I) the indebtedness to be incurred by the issuance of bonds of said District of the maximum principal amount of $2,400,000, which indebtedness shall be secured by a pledge of the District's faith and credit, (2) the levy of a tax for the payment of such bonds, and (3) the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $2,400,000 WATER BONDS OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY," adopted by the Board of Commissioners of the County of Harnett, sitting as the governing body of the South Central Water and Sewer District of Harnett County, to authorize the issuance of said bonds and the levy of I such tax. The $2,400,000 Water Bonds are authorized to pay capital costs of providing improvements to water facilities within and without the District, including the construction of elevated storage and ground storage tanks, the construction and rehabilitation of booster stations, and the construction and installation of lines and meters, and including the acquisition and installation of necessary machinery and equipment and the acquisition of land or rights-in-land required therefor. The ballots to be used at said election shall contain the words "SHALL the order authorizing $2,400,000 of bonds secured by a pledge of the faith and credit of the South Central Water and Sewer District of Harnett County to pay capital costs of providing improvements to water facilities within and without the District, including the construction of elevated storage and ground storage tanks, the construction and rehabilitation of I booster stations, and the construction and installation of lines and meters, and including the acquisition and installation of necessary machinery and equipment and the acquisition of land or rights-in-land required therefor, and a tax to be levied for the payment thereof, be approved?", with squares labelled "YES" and "NO" beneath or beside such words in which squares the voter may record, his choice. ~- 352 In the event a majority of the qualified voters voting at said election vote to approve the order, the incurring of indebtedness and the levy of a tax related thereto, said bonds shall be issued and taxes shall be levied for the payment of such bonds. I The polls for the election will open at the hour of 6:30 o'clock, A.M. and will close at the hour of 7:30 o'clock, P.M. The election will be held at the following precincts and polling places: Precinct Pollina Place Anderson Creek Anderson Creek Middle School Stewarts Creek Bunnlevel Fire Station Lillington Lillington Community Building Barbecue Ruritan Building The registration records for said election will be kept open at the office of the Harnett County Board of Elections, 19 E. Front Street, in Lillington, from 8: 00 A.M., until 5:00 P.M., each weekday, through December 27, 1993. The registration records will also be kept open at the Harnett County Library, 601 N. Main Street, in Lillington ( i) from 9:00 A.M. until 9:00 P.M., I Monday through Thursday, through December 27, 1993, ( ii) from 9:00 A.M., until 5:00 P.M., on Fridays through December 24, 1993 and (iii) from 9: 00 A. M. , until 1:00 P.M. on Saturdays through December 18, 1993. The Registrars and Judges for the Election may register voters through December 27, 1993. Information concerning the names, addresses and telephone numbers of the Registrars and Judges can be obtained from the Harnett County Board of Elections at its office in Lillington. The last day of registration for the special election shall be December 27, 1993. Any qualified voter who (I) expects to be absent from the District during the entire period that the polls are open on said election day, or (2) because of sickness or other physical disability will be unable to be present at the polls to vote in person on said day, or (3) is incarcerated and otherwise entitled to vote in said election or (4) is an employee of the Harnett I County Board of Elections and his assigned duties on the day of election will cause him to be unable to vote in person, may apply for an absentee ballot to be used in voting at said election. Information concerning the time and manner for applying for an absentee ballot, including the last day for making such application, can be obtained from the Harnett County Board of Elections at its office in Lillington, North Carolina. . 353 By order of the Board of commissioners of the county of Harnett, sitting as the governing body of the South Central Water and Sewer District of Harnett County. Vanessa W. Young Clerk of the Board of Commissioners of Harnett county, and Clerk of the South Central Water I and Sewer District of Harnet~ County North Carolina Said notice of special election shall be published at least twice. The first publication shall be not less than l4 days and the second publication not less than 7 days before the last day on which voters may register for the special election. (3) The Harnett county Board of Elections is hereby requested to print and distribute the necessary ballots and to provide the equipment for the holding of said election and to conduct and to supervise said election. (4) The Clerk of the Board of Commissioners of the County of Harnett and of the South Central Water and Sewer District of Harnett County shall mail or deliver a certified copy of this resolution to the Harnett county Board of Elections with~n three days after the resolution is adopted. seconded the motion I and the motion was adopted by the following vote: AYES: NAYS: THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY NORTH CAROLINA NOTICE OF SPECIAL BOND ELECTION NOTICE IS HEREBY GIVEN that a special bond election will be held in the South Central Water and Sewer District of Harnett County, North Carolina, on January 18, 1994, for the purpose of submitting to the qualified voters of said District the questions whether they shall approve or disapprove (1) the indebtedness to be incurred by the issuance of bonds of said District of the maximum principal amount of $2,400,000, which indebtedness shall be secured by a pledge of the District's faith I and credit, (2) the levy of a tax for the payment of such bonds, and (3 ) the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $2,400,000 WATER BONDS OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY," adopted by the Board of Commissioners of the County of Harnett, sitting as the governing body of the South Central Water and Sewer District of Harnett County, to authorize the issuance of said bonds and the levy of such tax. 354 The $2,400,000 Water Bonds are authorized to pay capital costs of providing improvements to water facilities within and without the District, including the construction of elevated storage and ground storage tanks, the construction and reha~ilitation of booster stations, and the construction and installation of lines and meters, and including the acquisition and installation of necessary machinery and equipment and the I acquisition of land or rights-in-Iand required therefor. The ballots to be used at said election shall contain the words "SHALL the order authorizing $2,400,000 of bonds secured by a pledge of the faith and credit of the South Central Water and Sewer District of Harnett County to pay capital costs of providing improvements to water facilities within and without the District, including the construction of elevated storage and gro~nd storage tanks, the construction and rehabilitation of booster stations, and the construction and installation of lines anCi meters, and including the acquisition and installation of necessary machinery and equipment and the acquisition of land or rights-in-Iand required therefor, and a tax to be levied for the payment thereof, be approved?", with squares labelled "YES" and "NO" beneath or beside such words in which squares the voter may record his choice. In the event a majority of the qualified voters voting I at said election vote to approve the order, the incurring of indebtedness and the levy of a tax related thereto, said bonds shall be issued and taxes shall be levied for the payment of such bonds. The polls for the election will open at the hour of 6:30 o'clock, A.M. and will close at the hour of 7:30 o'clock, P.M. The election will be held at the following precincts and polling places: Precinct Pollina Place Anderson Creek Anderson Creek Middle School stewarts Creek Bunnlevel Fire station Lillington Lillington Community Building Barbecue Ruritan Building The registration records for said election will be kept opc~ at the office of the Harnett County Board of Elections, 19 I E. Front Street, in Lillington, from 8: 00 A.M., until 5:00 P.M., eac:h weekday, through December 27, 1993. The registration records will also be kept open at the Harnett County Library, 601 N. Main street, in Lillington (i) from 9:00 A.M. until 9:00 P.M., Monday through Thursday, through December 27, 1993, ( ii) from 9:00 A.M., until 5:00 P.M., on Fridays through December 24, 1993 and (iii) from 9: 00 A.M., until 1:00 P.M. on Saturdays through December 18, 1993. __n________ ....".-.... ~ .- -~-~ .---- 355 The Registrars and Judges for the Election may register voters through December 27, 1993. Information concerning the names, addresses and telephone numbers of the Registrars and Judges can be obtained from the Harnett County Board of Elections I at its office in Lillington. The last day of registration for the special election shall be December 27, 1993. Any qualified voter who (I) expects to be absent from the District during the entire period that the polls are open on said election day, or (2) because of sickness or other physical disability will be unable to be present at the polls to vote in person on said day, or (3) is incarcerated and otherwise entitled to vote in said election or (4) is an employee of the Harnett County Board of Elections and his assigned duties on the day of election will cause him to be unable to vote in person, may apply for an absentee ballot to be used in voting at said election. Information concerning the time and manner for applying for an absentee ballot, including the last day for making such application, can be obtained from the Harnett County Board of Elections at its office in Lillington, North Carolina. By order of the Board of Commissioners of the County of I Harnett, sitting as the governing body of the South Central Water and Sewer District of Harnett County. Vanessa W. Young Clerk of the Board of Commissioners of Harnett County, and Clerk of the South Central Water and Sewer District of Harnett County North Carolina -- -- -_..._--~-- -- ~ - -- - - - --- -. -- - --.......---__.._..... "".L \o.&&~ County of Harnett, sitting as the governing body of the South Central'Water and Sewer District of Harnett County, as follows: Section I. The Board of Commissioners of the County of Harnett, sitting as the governing body of the South Central Water and Sewer District of Harnett County, has ascertained and hereby determines that it is necessary to provide improvements to water facilities within and without the District, including the construction of elevated storage and ground storage tanks, the construction and rehabilitation of booster stations, and the I construction and installation of lines and meters, and including the acquisition and installation of necessary aachinery and equi~nt and the acquisition of land or rights-in-Iand required therefor, and to pay capital costs of such improve.ants. Section 2. In order to raise the money required to pay capital costs of providing the improvements as set forth above, in addition to any funds which may be made available for such purpose from any other sources, bonds of the South Central Water 35 6 and Sewer District of Harnett County are hereby authorized and shall be issued pursuant to The Local Government Finance Act of North Carolina. The maximum aggregate principal amount of said bonds authorized by this bond order shall be $2,400,000. section 3. A District tax sufficient to p~y the pri~cipal of and interest on said bonds when due shall be I annually levied and collected. The revenues of the facilities hereinbefore described may be pledged to .the payment of the interest on and principal of said bonds if and to the extent that the Board shall hereafter determine by resolution prior to the issuance of said bonds. In such event, the tax to pay the principal of and interest on said bonds may be reduced by the amount of such revenues available for the payment of such principal and interest. Section 4. A sworn statement of the District's debt has been filed with the Clerk of the Board of Commissioners and of ~he District and is open to public inspection. Section 5. This bond order shall take effect when approved by the voters of the District at a referendum. The foregoing order was adopted on the 6th day of I December, 1993 and is hereby published this day of December, 1993. Any action or proceeding questioning the validity of the order must be begun within 30 days after the date of publication of this notice. Vanessa W. Young Clerk of the Board of Comm~ssioners of Harnett County, and Clerk of the South Central Water and Sewer District of Harnett County_ North Carolina I 357 Attachment 6. INTRA-DEPARTMENTAL ~UDGET AMENDMENTS FOR THE MONTH ENDING NOVEMBER 30, 1 '3'33 I DEPARTMENT INCREASE DATE ACCOUNT CODE DESCRIPTION (DECREASE) 11-05-93 Transportation 10-5551-0030 Salaries & Wages - P.T 1,213. 10-5551-0050 FICA Tax Expense 170. 10-5551-0170 Maint. & Repair-Auto 364. 10-5551-0310 Automotive Supplies 679. 10-5551-0451 ED&M-Tap (2,426) 11-08-93 Facilities Fees 10-4900-0740 Capital Outlay 426. 10-4900-0330 Materials & Supplies (426) 11-08-93 Cooperative Extension 20-7302-0551 United Way 1,122. 20-7302-0552 ASEP-UW (1,122) 11-08-93 Personnel 10-4250-0080 Workmen's Compensation 750. 10-4250-0~.70 Miscellaneous Expense 1,300. 10-4250-0740 Capital Outlay (600) 10-4250-0570 Miscellaneous Expense (1,450> 10-4500-0450 Contracted Services (3,000) I Og-03--=l3 Emergency Services 10-5300-0740 Capital Outlay 600. 10-5300-0330 Materials & Supplies 400. lfJ-5300-0140 Travel E, Meeting.!::. (lOUl)) 09-16-93 Emergency Services 10-5300-0740, Capital Outlay 11 S~t . 10--~,30(l-O:::30 Materials & Supplies ( 11 ':.5 ) 09-17-93 Cooperative Extension 10-}:3uO-0110 Telephone & Postage 20u. 10- 7::100 -0030 Salaries & Wage.!::. ~~()O . 10-7300-0140 Trflvel & Meetings (200) 10-7300-0140 Travel & Meeting.!'.'. (200) 11-08-93 Peraonnel 10-4250-0740 Capital Outlay EtOO. 10-4250-0330 Materials & Supplies 1,450. 10-4250-0080 Workmen's Compensation 1_750> 10-4250-0570 Miscellaneous Expense (1,300> 11-09-93 Board of Elections 10-4300-0-330 Materials & Supplies 362. 10-4300-0740 Capital Outlay (362) 11-10-93 Cooperative Extension 10-7300-0740 Capital Outlay-Equip. 1,500. 10-7300-0020 Salaries & Wages ( 1 , ':100 ) 11--10-93 Sheriff'a I 10-5100-0330 Material.!'.'. & Supplies 1,800. 10-5100-0740 Capital Outlay (1,800) 11-10-9'3 ~;hel- iff's 10-5100-0330 Materials & Supplies 1 , OOf) . 10-~.100-074(l Capi t.al Outlay (1,000) 11-17-93 HUIY,an Resources 10-7400-0080 Workmen's Compensation 1,90lJ. 10-7400-0450 Contracted Services <1,900) 11-24-'33 Tax Dept.. 10-4500-0120 Printing & Binding 4,000. 10-4':,00-0110 Telephone & Postage (4,000) 358 Attachment 7. FROM: E. Marshall Woodall, County Tax Attorney RE: MONTHLY REPORT TO COMMISSIONERS AND STATEMENT OF FEES AND CHARGES FOR THE MONTH OF NOVEMBER, 1993 I 1. Tax Suits Dismissed: NAME SUIT NO. *AMOUNT COL. **COURT ATTORNEY COSTS FEES Averasboro Groves, Kenneth 93 CvD 1407 788.19 261.04 200.00 McKoy, Larry 93 CvD 1142 555.50 311.85 250.00 Molina, Carlos 93 CvD 0654 1,840.90 265.02 200.00 Barbecue Sloan, Anthony 93 CvD 1467 l,307.34 261.62 200.00 Buckhorn Mason, Charles No CvD l,081.96 75.00 75.00 Duke McLamb, Stacy No CvD 666.75 75.00 75,no Grove Manning, Betty 93 CvD 1301 906.56 261.l'itl ?on no Hector's Creek Herring, Ena 93 CvD 1469 533.15 255.81 2nn.00 Stewart's Creek Lett, Gladys No CvD 645.65 75.00 75,00 Williams, Atlas No CvD 562.96 75.00 75.00 Uooer Little River Holder, Syvada 93 CvD 1552 572.48 235.00 175.00 Subtotal $9.461.44 $2.152.00 $1.725.00 I NOTE: * Total collected includes taxes, interest and Court costs. ** Court costs includes attorney fees allowed by Court (where suit has been commenced). Additional Attorney's Fees: NONE ,,- TOTAL ATTORNEY'S FEES - Tax Suits 2. Advanced Costs: Date Exolanation Charae 11-02-93 Cumberland County Sheriff - Service Fee - Don J. Ketterman et als - 93 CvD 1490 10.00 11-2-93 Wake County Sheriff - Service Fee Allen Glover et als -93 CvD 1483 10.00 11-~-93 Lillington Postmaster - Service Fee (Howard and Kim) l5.08 11-9-93 Nash County Sheriff - Service Fee J. Larry Brantley - 93 CvD 1408 5.00 11-16-93 Lillington Postmaster - Service Fee (Harris and Wynn) 14.83 11-24-93 Lillington Postmaster - Service Fee (Flood) l4.16 TOTAL ADVANCED COSTS $69.07 1l-9-93 (LESS CREDIT) Wake Co. Sheriff Refund -5.00 I TOTAL ADJUSTED ADVANCED COSTS $64.07 3. New Suits Started during the month of November, 1993 Averasboro Townshio Grove, Judy Lane Hudson, Donis Jon3s, Margie Pa~terson, Nicodemus Re~ister, Frances Lee Wyr.n, James N. IV Barbecue Ketterman, Don J. Kim, In Ki Russ, Alice - - -----_.._-~-_..- ---~-., 359 Black River Township Glover, Allen Lee Howard, Graham F., Sr. Jackson, Phillip W. Jones, Patsy L. Smith, Raymond D. I Buckhorn Township Flood, Douglas E. Duke Hall, Betty Jean Robinson, Eugene Grove Bullard, Josephine Thomas, Lynwood B. Johnsonville Prince, Ronald L. Lillinaton Townshio Harris, Essex Neill's Creek Williams, Elijah Stewart's Creek Township Long, Gail Snyder Upper Little River Township Holder, Syvada 4. Other Services: 11-01-93 Review of deeds and our files (Andy Jack Hymes) $ 55.00 (1.0 hours @ $55.00/hr) 11-03-93 Telephone discussion with Wanda Spivey to explain and request $27.50 I information (Hymes) (First Union/M.B. Byrd) (0.5 hours @ $55.00/hr) 11-04-93 Telephone conference with Brenda Glover at First Union Mortgage Co.; Explained situation and attempt to contact M.B. Byrd $22.00 (First Union/M.B. Byrd) (0.4 hours @ $SS.OO/hr) 11-04-93 Lee, Roger - 93 CvD 1402 - Services rendered in connection with tax collection. $200.00 11-05-93 Drafting letter to Brenda Glover at First Union; Conference with Bobby Wicker $38.50 (First Union/M.B. Byrd) (0.7 hours @ $55.00/hr) 11-05-93 Review of information from Tax Office and dictation of memo of advice (Hymes) $44.00 (0.8 hours @ $55.0~/hr) 11-19-93 Research title; Several telephone calls to find owner's where abouts, along with telephone call to his residence in Illinois, followed up with letter and statement; Received phone call from taxpayer, then received payment; Paid taxes through I 1993 and sent receipt in return (Carlton M. Jones) (l.O hr paralegal @ $35.00/hr) S 35.00 S422.00 SUMMARY OF CHARGES & FEES Attorney's fees - Tax Suits $1,725.00 Advanced Costs 64,07 Other Services 422.00 BALANCE S2,211.07 Wk.rk ~~~ u ...__ E. Marshall Woodall Post Office Box 39 Lillington, NC 27546 Telephone: (919) 893-5191