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01171995 - --.-- 684 HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 17, 1995 The Harnett County Board of Commissioners met in regular session on Tuesday, January 17, 1995, in the Commissioners Meeting Room, County Office Building, Lillington, North Carolina. I Members present: H. L. Sorrell, Jr., Chairman Beatrice Bailey Hill, Vice Chairman Joseph T. Bowden Walt Titchener Commissioner Dan B. Andrews was absent. Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Vanessa W. Young, Finance Officer Kay S. Blanchard, Recording Secretary Chairman Sorrell called the meeting to order at 7 p.m. and Commissioner Bowden offered the invocation. Commissioner Hill moved to add the following items to the agenda: - Presentation of Airport Layout Plan - Request from Harnett Central High School Booster Club for matching funds to purchase activity bus - Resolutions authorizing execution of Amendment to Water Purchase Agreement for East Central Water & Sewer - Engineering Agreement for South Regional Water Project - Contract for consultant for Strategic Planning Commissioner Bowden seconded the motion and it passed with a unanimous vote. Commissioner Titchener moved to approve agenda with addition of above listed items. Commissioner Bowden seconded the motion and it passed with a unanimous vote. I CONSh"'NT AGENDA ITEMS Upon motion by Commissioner Bowden and seconded by Commissioner Titchener, the Board unanimously approved the following items on the Consent Agenda: 1. Minutes: Regular Meeting, January 3, 1995 2. Budget Amendments: Social Services Code 10-7710-0610 Day Care (Non-FSA) 101,179. decrease Revenue: 10-3480-0027 Day Care (Non-FSA) 101,179. decrease Soil & Water Code 10-6700-0740 Capital Outlay & Equipment 410. increase Revenue: 10-3830-0300 Miscellaneous Revenues 410. increase Child Care Trust Advocacy Code 10-7303-0030 Salaries & Wages Part-time 367. increase 10-7303-0050 FICA Tax 93. increase 10-7303-0740 Capital Outlay 199. increase Revenue: 10-3480-0880 Child Care Advocacy 659. increase Health Department Code 10-7600-0110 Telephone 799. increase Code 10-7600-0740 Capital Outlay & Equipment 2,897. increase Revenue: 10-3990-0000 Fund Balance Appropriated 3,696. increase Health Department Code 10-7600-0100 Employee Training 50. increase 10-7600-0110 Telephone & Postage 500. increase I 10-7600-0120 Printing & Binding 500. increase 10-7600-0140 Travel & Meetings 500. increase 10-7600-0260 Advertising 4,000. increase 10-7600-0330 Materials & Supplies 4,309. increase 10-7600-0360 Uniforms 300. increase 10-7600-0460 Medical Supplies & Drugs 6,451. increase 10-7600-0740 Capital Outlay-Equipment 1,180. increase Revenue: 10-3480-0273 Immunization Action Plan 17,790. increase This End Up Furniture Code 63-9020-0010 Construction-This End Up 5,457. decrease 63-9020-0020 T.A. Loving 186,242. decrease 63-9020-0030 Hendrix-Barnhill 278,758. decrease 63-9020-0200 Legal & Administrative 10,000. decrease 63-9020-0300 Engineering-This End Up 10,000. decrease t!-~ . '~~;b:'f<" 685 Revenue: 63-3290-0000 Interest on Investment 457. decrease 63-3480-0020 Dept. of Commerce 230,000. decrease 63-3970-0010 Advance from General Fund 10,000. decrease 63-3700-0000 Indust. Bldg. Renovation Fd. 250,000. decrease School Construction increase Code 75-9027-0010 Construction 23,700,000. I 75-9027-0200 Legal & Administrative 50,000. increase 75-9027-0300 Engineering 325,000. increase 75-9027-0800 Contingency 164,972. increase Revenue: 75-3800-0000 COPS Issue 24,389,972. increase 75-3980-0000 Interfund Transfer - Capital Project 150,000. decrease Governmental Complex Proiect 65,000. decrease Code 74-9021-0010 Construction 74-9021-0020 Phoenix, Water Tank 606,571. increase 74-9021-0030 Hendrix-Barnhill, Sewer 278,758. increase 74-9021-0040 T.A. Loving, Water 319,385. increase 74-9021-0050 Sigma Const., General 5,204,000. increase 74-9021-0060 Britt, Braxton, Plumbing 448,400. increase 74-9021-0070 Southern piping, Mechanical 993,000. increase 74-9021-0080 Triple R, Electric 843,300. increase 74-9021-0400 Land & Right of Way 20,000. increase 74-9021-0200 Legal & Administrative 50,000. decrease 74-9021-0210 Surveys 30,000. increase 74-9021-0220 Architect Fees 400,000. increase 74-9021-0300 Technical Fees 230,000. decrease 74-9021-0740 Capital Outlay, Furniture 250,000. increase 74-9021-0800 Contingency 35,532. decrease 74-9021-1560 Trans. to Water Plant Expan. 150,000. decrease 74-9021-1561 Trans. to Sch. Const. 150,000. decrease Revenue: 74-3480-0020 Dept. of Commerce - Competitive Fund 230,000. increase 74-3700-0000 Ind. Bldg. Renovation Fund 250,000. increase 74-3970-0010 Transfer from Cap. proj. 1,000,000. decrease 74-3970-0020 Interfund Transfer, Metro 250,000. increase I 74-3800-0000 COPS Issue 8,782,882. increase 74-3830-0010 Town of Lil1ington 200,000. increase HelpNet Code 10-7301-0110 Telephone & Postage 660. increase 10-7301-0120 Printing & Binding 627. increase 10-7301-0140 Travel & Meetings 660. increase 10-7301-0330 Materials & Supplies 1,155. increase 10-7301-057 Miscellaneous Expense 165. increase 10-7301-074 Capital Outlay 1,250. increase Revenue: 10-3990-0000 Fund Balance Appropriated 4,517. increase ROAD ADDITIONS 3. Resolution adding Ponderosa Trail & Summit Court to State Road System (Attachment 1) FARM LEASE WITH 4. Farm lease with Aaron Johnson, Jr. on governmental complex AARON JOHNSON, JR. property RESOL. REJECTING 5. Resolution rejecting bids for Department of Social Services BIDS FOR DSS EQUIP. commuter equipment (Attachment 2) PARRALLEL TAXIWAY 6. Local funds certification for completion of parallel taxiway at Harnett County Airport Informal comments were provided by the following citizens: 1. Floyd Hein, Anderson Creek area, concerning dry taps 2. Charles Meeks, Anderson Creek area, concerning trash in neighborhood Chairman Sorrell stated that the Board would now consider matters EAST CENTRAL W & s sitting as the governing body of East Central Water & Sewer District. I Janice Pond, FmHA, stated that at the January 3, 1995 Board of Commissioners meeting, the Board approved a Letter of Conditions and related documents concerning East Central Water & Sewer District. Due to an interest rate change, all documents approved at that meeting were null and void. Ms. Pond presented a revised Letter of Conditions and related documents for the Board's consideration. Commissioner Bowden moved to approve the revised Letter of Conditions and related documents. Commissioner Hill seconded the motion and it passed with a unanimous vote. (Attachment 3) AMEND. TO WATER Neil Emory, County Manager, presented for the Board's consideration a Resolution Authorizing Execution of Amendment to water Purchase PURCHASE CONTRACT Contract with The County of Harnett. Commissioner Hill moved for adoption of the resolution. Commissioner Bowden seconded the motion ---- -- ------------ ------- ----- -- 686 and it passed with a unanimous vote. (Attachment 4) There being no further business for East Central Water & Sewer District, Chairman Sorrell closed that portion of the meeting. Neil Emory, County Manager, presented for the Board's consideration a Resolution Authorizing Execution of Amendment to Water Purchase I Contract with East Central Water and Sewer District of Harnett County. Commissioner Hill moved for adoption of the resolution. Commissioner Bowden seconded the motion and it passed with a unanimous vote. (Attachment 5) ENGINEERING AGREEMENT Neil Emory, County Manager, presented for the Board's consideration an SOUTH REGIONAL vlATER agreement for engineering services with Marziano & Minier, P.A., concerning South Regional Water Tank & Booster Pump Station, and a 20 inch water line along Highway 27 w/Booster Pump Station. Commissioner Bowden moved for approval of the agreement. Commissioner Titchener seconded the motion and it passed with a unanimous vote. Mr. Emory presented a proposed resolution concerning financing of the same project. Commissioner Bowden moved for adoption of the resolution. Commissioner Hill seconded the motion and it passed with a unanimous vote. (Attachment 6) INTERIM ARRANGEMENTS Sheriff Larry Knott briefed the Board on proposal for interim FOR LAW ENFORCEMENT arrangements for law enforcement at Campbell University. Sheriff AT CAMPBELL UNIVERSITY Knott explained that due to a recent N.C. Supreme court ruling, Campbell University will no longer be allowed to have its own police force. While this case is being appealed, it has been requested that the Sheriff's Department incorporate the current University Department into its operation. Sheriff Knott explained how this might be accomplished. Commissioner Bowden made a motion to authorize implementation of the proposal and for the County Attorney to develop a contract for this purpose. Commissioner Hill seconded the motion and it passed with a unanimous vote. Commissioner Titchener moved to adopt a resolution requesting the State Attorney General's Office to proceed with this matter to the U.S. Supreme Court in an attempt to overturn the ruling recently handed down by the N.C. Supreme Court. Commissioner Hill seconded the motion and it passed with a unanimous I vote. (Attachment 7) FEES AT EMS Dan Gardner, EMS Director, presented a request for an increase in fees for Emergency Medical Service. Commissioner Bowden moved to approve the proposed rate schedule effective January 1, 1995. Commissioner Hill seconded the motion and it passed with a unanimous vote. ON-CALL PAYMENTS FOR Neil Emory, County Manager, presented a request from the Health HOME HEALTH Department for increase in the current "on call" payments made to Home Health employees. To fund the increases, the department would delete the new nursing position funded this year for weekend work. Commissioner Bowden moved to approve the request. Commissioner Titchener seconded the motion and it passed with a unanimous vote. RADFORD ELECTRIC BID Neil Emory, County Manager, presented a request from Mr. Kermit Radford, Radford Electric, for the Board to reconsider its decision to BOND require him to forfeit his bid bond associated with recent bid for Contract 6 - East Central Water & Sewer District project. Commissioner Bowden moved to return Mr. Radford's bid bond as requested. Commissioner Hill seconded the motion and it passed 3 to 1 with Commissioner Titchener casting the dissenting vote. LAND USE PERMIT FORM Neil Emory, County Manger, briefed the Board that several County departments have been working to develop a Land Use Permit Form which would standardize information requested from citizens and should streamline an individual's dealings with county government. Commissioner Hill made a motion to approve the Land Use Permit and to authorize the staff to make minor adjustments as needed. Commissioner Titchener seconded the motion and it passed with a unanimous vote. HOUSING CODE In the County Manager's report, Mr. Emory discussed the possible I development of a County Housing Code and stated that staff needs direction from the Board concerning options on the matter. The Board directed that staff explore the possibility of developing a housing code for a specific community. Reports were filed with the Board from the Sheriff's Department, Planning Department, Emergency T1edical Service, Health Department, and Fire Marshal's Office. A report of Intra-Departmental Budget Amendments was also filed with the Board. (Attachment 8) APPOINTMENTS Commissioner Bowd, ,. made a motion for the appointments listed below. Commissioner T i! ' , 'i.er seconded the motion and it passed with a unanimous votE" --------- <' '" f' ';".c," l,fiT. ~~'.,." ,. ... ~..., 687 1. Mid-Carolina Aging Advisory Committee _ Reappointed Fred Raber for a 3-year term to expire 1/31/98 _ Appointed Graham Turlington for a 3-year term to expire 1/31/98 2. Library Board of Trustees . - Reappointed Shi~ley Phillips for a 4-year term to exp1re 1/1/99 - Appointed Hilda Johnson for a 4-year term to expire 1/1/99 - Appointed Dr. Glen Rasmussen for a 4-year term to expire 1/1/99 I 3. Board of Health - Appointed Manuel Lopez for a 3-year term to expire 12/31/97 - Appointed Donald Gregory to fill the unexpired term of Albert Gregory. Term expires 12/31/96 AIRPORT LAYOUT PLAN Tony Wilder, Assistant County Manager, recognized members of the Airport Committee present at the meeting and introduced Steve Bright, Talbert & Bright, Inc., Engineering and Planning Consultants. Mr. Bright presented a summary review of the updated Airport Layout Plan and Report. ACTIVITY BUS FOR HARNETT Neil Emory, County Manager, presented a request from the Harnett CENTRAL HIGH SCHOOL Central High School Booster Club for matching funds to purchase a new activity bus. Commissioner Bowden made a motion to approve the request with the stipulation that in the future the Board be notified in advance so the request will be included in budget preparation. Commissioner Titchener seconded the motion and it passed with a unanimous vote. Neil Emory, County Manager, presented for the Board's consideration a AGREEMENT FOR CONSULTANT Consulting Agreement with Robert E. Reiman for consulting services STRATEGIC PLANNING associated with facilitation of the strategic planning initiative. INITIATIVE Commissioner Bowden made a motion to approve the Consulting Agreement. Commissioner Titchener seconded the motion and it passed with a unanimous vote. Commissioner Hill made a motion to go into closed session for the CLOSED SESSION purposes of: (a) to discuss a personnel matter pursuant to N.C. Gen. Stat. S 143-318.11(a)(6); and I (b) to instruct County staff on the position to take on a proposed contract for the acquisition of real property pursuant to N.C. Gen. Stat. S 143-318.11(a)(5) Commissioner Bowden seconded the motion and it passed with a unanimous vote. Commissioner Hill moved that the Board come out of closed session. Commissioner Titchener seconded the motion and it passed with a unanimous vote. There being no further business, the Harnett County Board of ADJOURNMENT Commissioners regular meeting, January 17, 1995, duly adjourned at 9:50 p.m. .{! J:d! I . L. orrel1~ ., Chaiman ~LJ.~ Vanessa W. Young, Cle~ to he Board ~~. M<1Mdt-MJ Kay S. Blanchard, Recording Secretary I 688 'Attachment 1. HARNETT Cotn~ ~ I NORTH CAROLINA RESOLUTION I BE IT RESOLVED that the Harnett County Board of Commissioners do hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State's Secondary Road System for maintenance, the below listed streets: Carolina Seasons Subdivision Ponderosa Trail Summit Court Adopted this 17th day of January, 1995. HARNE~~~~MMISSIONERS ATTEST: r H. L. sorrer.' Chairman L- '--fj) ~ Vanessa W. You , C erk NORTH CAROLINA I Attachment 2. HARNETT COUNTY RESOLUTION REJECTING ALL PROPOSALS AND BIDS THAT WHEREAS, the County of Harnett has disseminated as required by law requests for proposals and invitations for bids in connection with the proposed purchase by it of personal computers and related items for use by the Harnett County Department of Social Services; and WHEREAS, the County of Harnett has published notice of such requests for proposals and invitations for bids as required by law; and WHEREAS, pursuant to said requests for proposals and invitations for bids the County of Harnett received sealed proposals or bids from Entre Business Systems, Mac's Business Machines, Inc., and MicroAge; and WHEREAS, such proposals or bids have been opened as by law provided and reviewed by the appropriate representatives of the County of Harnett; and WHEREAS, the above referenced requests for proposals and invitations for bids were determined to be insufficient in the requests for proposals and invitations for bids specifications; and WHEREAS, the requests for proposals and invitations for bids provided that the County of Harnett may reject any and all bids and proposals received by it pursuant thereto; and WHEREAS, under the circumstances and facts hereunto appertaining it is believed that it is in the best interest of the County of Harnett to reject any and all proposals and bids received by it as herein set forth: I NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS that any and all proposals and bids received by the County of Harnett as above set forth shall be and same are hereby rejected. This the. 17th day of January , 1995. HARNETT COUNTY BOARD OF COMMISSIONERS /{ If~'/ ATTEST: H. ' t,/ orrep -Jr., Chairman 1~-'" '7J,-Uh~ / Vanessa W. Yount .. 1 ~k 689 Attachment 3. 1027 Highway 70W suite 219 .:.';';.i.;'" Garner, NC 27529 /.. _..~\ United St.... F.-men i j DtpInmem of Home \~W/ Agriculture Adminiltretion January 17, 1995 I Mr. H. L Sorrell, Jr. Chairman, East Central Water & Sewer District P.O. Box 1119 Lillington, NC 27546 Dear Mr. Sorrell; This letter is in revision of and in addition to our Letter of Conditions dated January 18, 1994, copy attached herewith, previously delivered to you presenting conditions upon which Farmers Home Administration (FmHA) could consider providing financial services. This letter is not to be considered as a loan approval or as a representation as to the availability of funds. Due to the increased cost of the proposed water distribution project as evidenced by bids received, additional funds are necessary to fund th6 project. The second paragraph of the January 18, 1994, Letter of Conditions is amended to add $172,000.00 in loan funds changing the loan amount from $3,608,000 to $3,780,000. In addition to this change in funds, the District will need to provide evidence to our agency that the additional funds needed to completely fund the project are available. All other conditions and representations as noted in the January 18, 1994, Letter of Conditions are and remain as indicated in the letter. Please complete and return the attached Form FmHA 1942-46 and other related forms, if you desire that further consideration be given to your application. If the conditions set forth in the January 18, 1994, Letter of Conditions and this revision and amendment are not met within twelve (12) months from the date hereof, FmHA reserves the right to discontinue the processing of the application for subsequent loan funds. III Sincerely, /..;;.-;;;;;~..~ U I...... S F - 4001 Carya Drive it>. - n.... t.t,1 .-me.. i \~ Otplnmerrt of Home Su te B \~) Agriculture Admlnlstretlon Raleigh, NC 27610 January 18, 1994 Mr. H.L. Sorrell, Jr. Chairman, East Central Water & Sewer oistrict P.O. Box 1119 Lillington, NC 27546 - Dear Mr. Sorrell: This letter establishes conditions which must be understood and agreed to by you before further consideration may be given to your application. This letter is not to be considered as loan approval or as a representation as to the availability of funds. The docket may be completed on the basis of a loan not to exceed $3,608,000.00 and a development grant not to exceed $2,000,000.00 If FmHA makes the loan, vou may make a written reauest that the interest rate be the lower of the rate in effect at the time of III loan a,..,...oval or the time of loan closin9. If yOU do not reauest the lower of the two interest rates, the interest rate charged will be the rate in effect at the time of loan apDroval. The loan will be considered approved on the date a sIgned copy of form FmHA 1940-1, · Request for Obligation of Funds," is mailed to you. If YOU wan1: the lower of the two ra1:es, your written request should be sw.lttecl to FmHA as soon as practical. In order to avold possible delays in loan closinq such a re~est should ordinarl1y be subm1tted at least 30 calendar days before loan closlnQ. Any changes in project costs, source of funds, scope of services or any other si9nitican1: chanqes in the project or applicant must be reported to and approved by FmHA by written amendment to this letter. Any changes not approved by FmHA shall be cause for discontinuing processing of the application. Please complete and return the attached Form FmHA 1942-46, if you desire that further consideration be given your application. If t:he_.....a.:-1:-.: ...,,_ set: forth ift this letter ::tee ::elo ::1&~ \/:' ~t.i:: 1...a. ,..~..... 1..-\ LL - J .:l..~_ ~_.._ L__._____ - ----- ......... -~- E) ~ () If the conditions set forth in this letter are not met within twelve (12) months from the date hereof, FmHA reserves the right to discontinue the processing of the application. REPAYMENT SCHEOULE . The insured loan will be scheduled for repayment over a period not exceeding 40 years. Each installment will be due June 1 with the first installment due the first June 1 following the date of loan closing or delivery of the bond. The first two installment(s) will be interest only installment(s). INTERIM FINANCING I The district will obtain temporary construction financing in accordance with FmHA Instruction 1942-A, subsection 1942.17 and North Carolina Instruction 1942-A.1, III. Interim financing will be obtained through the sale of bond anticipation notes with assistance of the North Carolina Local Government Commission. DISBURSEMENT OF FUNDS If interim financing is used, FmHA loan funds will not be disbursed until all such funds are exhausted. Loan funds will be disbursed in a single advance when the bond sale has been scheduled with the Local Government Commission. Applicant's Grant funds will be disbursed after grant closing upon receipt of Form FmHA 440-11 from the grantee. Each request for funds will cover a 30 day period of time. FmHA funds will not be used' to re-finance other project funds. SECURITY security for the loan will consist of a General Obligation Water Bond authorized and prepared in accordance with FmHA Instruction 1942-A, subsection 1942.19. Farmers Home Administration will negotiate the purchase of the bond with the district and the North Carolina Local Government Commission. The Commission reserves the right to require a public offering of the bond. ORGANIZATION The district must provide the necessary certification, comments, and recommendations concerning its organization and authority to issue bonds and compliance with special laws and regulations in accordance with FmHA Instructions I 1942-A, subsection 1942.17, (k) which should include the following: a. Compliance with special laws and regulations. b. state Pollution Control on Environmental Protection Agency Standards. c. Consistency with other development plans. d. state agency regulating water rights. e. National historic preservation. f. civil Rights Act of 1964. . g. Architectural Barriers of 1968. (Refer to FmHA Instruction 1942.17(k) ) h. Title IX of the Education Amendments of 1972. i. Section 504 of the Rehabilitation Ac~ of 1973. j. Age Discrimination Act of 1975". ACCOUNTING, AUDITS, ANO REPORTS Accounting and auditing will be established and maintained in accordance with the requirements of North Carolina General Statutes, FmHA Instructions 1942.17(q) and ". a:ppropi:'iafE!'~6MB-"Circunrs-:~"~iie~' audit~report is t-o'~j)e"in"" accordance with OMB Circular A-128 for the year(s) in which the appropriate amount of Federal Assistance is received and in accordance with FmHA requirements set forth in FmHA Instructions 1942-A, section 1942.17(q) for other years. The district is to provide FmHA a copy of their Audit Contract. A copy of the annual audit report will be provided FmHA in accordance with FmHA Instruction 1942.17(q). INSURANCE AND BONDING Insurance and bonding must be obtained as required by North Carolina State Statutes, and FmHA Instructions 1942-A, subsection 1942.17(j) (3). The district will furnish a certificate concerning the adequacy of insurance and bonding I annually. The district will provide fidelity bond coverage for the positions of officials entrusted with the receipt and disbursement of its funds and the custody of valuable property. The amount of the bond will normally approximate the total annual DEBT SERVICE REQUIREMENTS for the FmHA loan(s). The district may make a written request to provide less coverage, along with justification, to FmHA for their review and decision on the request. The public liability and property damage insurance requirement sh:.\JJd be discussed by the district and their attorney and the amounts established accordingly in amounts adequate to protect the district from civil action arising from the function of the applicant relative to the project. ---- -- --...----..----..-- ~ ~ - ''''>1~''~~,)r.,!!,,~l'p. "~~"'~'~; ~""''!''''''~~''~R' ~'" " 691 Fire and extended coverage should be in an amount equal to the replacement value of all above ground structures including district owned equipment and machinery housed therein. Workman's compensation Insurance will be maintained by the district .s required by North Carolina General statutes. . FINAL PLANS AND CONSTRUCTION CONTRACT DOCUMENTS I Final plans must conform essentially with the project described in the preliminary Engineering Report on which the project is funded. Should the project be changed which will result in increasing the project cost or operating budget, the FmHA must be notified and a revised Preliminary' Engineering Report with the new budget must be submitted. Any changes not approved by FmHA shall be cause for discontinuing processing of the application. The construction contract documents must be completed in accordance with FmHA Instruction 1942-A, Subsection 1942.18. The district and their engineer must consider all materials suitable for the project. The engineer must specify all materials normally used. Contracts must be awarded on the basis of the lowest bid acceptable material. IN ANY CASE WHERE THE APPLICANT PROPOSES TO AWARD A CONTRACT (OR CONTRACTS) '1'0 A BIDDER OTHER THAN THE APPARENT LOW BIDDER, THE APPLICANT MUST FIRST OBTAIN CONCURRENCE FROM THE FmHA STATE DIRECTOR BEFORE TAXING ACTION TO AWARD THE CONTRACT (OR CONTRACTS). FmHA reserves the ri~ht not to concur in any contract where this policy ~s not followed. Concurrence by the FmHA State Off1ce Engineer .ust be obtained prior to negotiating with contractors subsequent to opening bids. FmHA contracts and bid documents should be used for projects jointly funded with other agencies. LOAN RESOLUTION The District must formally adopt Form 1942-47, Loan Resolution, at a proper meeting of the governing body. Adoption of this document should be made a part of the official minutes of the district. Forms FmHA 400-1, Equal opportunity Agreement, and FmHA 400-4, Assurance Agreement, are to be formally adopted at the same meeting and a certified copy of the minutes provided FmHA. OPERATING BUDGET \ I A water system operating budget must be adopted by the applicant after approval by FmHA. A water rate schedule must be adopted which will provide sufficient revenue to meet the requirements of the operating budget. A certified copy of the resolution adopting the budget must be provided to FmHA. RULES AND REGULATIONS Water system rules and regulations must be submitted to FmHA for approval prior to loan closing. USE OF SERVICE An enforceable user agreement with a penalty clause is required unless the district has adopted a mandatory hookup ordinance and agrees in writing to enforce the ordinance. -. WATER PURCHASE/TREATMENT CONTRACT The district must obtain a water purChase/treatment contract with Harnett County that will provide for sufficient water to meet the . needs of the district. Form .FmHA 442-30, Water Purchase contract, can be used or used as a guide. The contract must be approved by FmHA prior to loan closing or start of construction, whichever occurs first. GRANT AGREEMENT The district must adopt Form FmHA 1942-31, Association Water and Sewer Grant Aqreement, at a proper meeting of the governing body. Adoption of this document should I be made a part 'of the official minutes of the district. Attached is a copy of Form 1942-31, Association Water or Sewer system Grant agreement for your review. You will be required to execute a completed form at the time of grant closing. ORDER OF FUND EXPENDITURE The district's contribution shall be considered to be first funds expended. After providing for all authorized costs, any remaining FmHA project funds will be considered to be FmHA qrant funds and refunded to FmHA. If the amount of unused FmHA project funds exceeds the FmHA grant, that part would be FmHA loan funds. ----- ---..-- 692 GRADUATION The district will refinance the unpaid balance, in whole or in part, of its debt upon the request of the Government if at any time it should appear to the Government that the district is able to refinance it notes/bonds by obtaining a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms. EXCESS FUNDS If there is a significant reduction in project cost as a result of re-design or bids received, the district's funding needs will be re-assessed before loan closing or start of construction, whichever occurs first. DEBARMENT CERTIFICATION I The district is to certify that they are not debarred or suspended for Federal Nonprocurement Programs by the execution of Form AD-1047, Certification Regarding Debarment, Suspension and other Responsibility Matters - Primary covered Transactions, prior to loan approval. Also Form AD-l048, certification regardinq Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions, is to be used by lower tier parties (builders, contractors, dealers, suppliers, manufacturers, and others) involved in transactions exceeding $25,000.00 DRUG-FREE WORK PLACE REQUIREMENTS (GRANTS) The Drug-Free Workplace Act of 1988 (Public Law 100-690) was incorporated into the Federal Acquisition Regulations by FAC 84-43 dated March 18, 1989. The district will certify that they will provide a drug-free workplace, are not involved with drugs and will establish an educational program concerning drug abuse for employees by executing Form AD- 1049 prior to loan approval. DEBT COLLECTION POLICIES The district will acknowledge receipt of debt collection policies by executing Form FmHA 1910-11, IlApplication Certification, Federal Collection Policies For Consumer or commercial Debts" prior to loan approval. DISTRICT'S CONTRIBUTION The district is to deposit $90,000.00 in the construction account prior to loan closing or the start of construction, whichever occurs first. These funds are considered to be expended first and are to be used with other funds to I complete the funding of the proposed project. CLOSING INSTRUCTIONS The loan will be closed in accordance with instructions issued by the Office of the General Counsel and applicable FmHA and state procedures. FINANCIAL COMPENSATION FOR DEFICIENCIES "The district agrees that, in the event of deficiencies in development, design, or construction of the project or any . part thereof, the district will take the required administrative or legal action to secure financial compensation from the engineer, contractor or attorney as appropriate for any necessary cost to restore the project of defective part to a level of service equal to that expected for normal design and/or construction and legal services". Appraisal The purchase of any existing facilities will be based upon an appraisal prepared by FmHA Program support Staff. PROFESSIONAL SERVICES AND CONTRACTS Contracts or other forms of agreement between the district and its professional and technical representatives are required and are subject to FmHA concurrence. FmHA forms and/or guides are available for use by the district when appropriate. " MITIGATION MEASURES REQUIRED TO AVOID AOVERSE ENVIRONMENTAL IMPACT The following measures must be accepted and agreed to by the I district prior to loan approval: A. Floodplain Impact The district will adopt a "NO TAP" policy in floodway areas and in' floodplain areas where flood insurance is not available at reasonable rates. B. Impact on Transportation Waterline construction along rural paved and unpaved roads will create minor local traffic problema within the i1llJDediate construction area. Disruption in traffic, however, will be minimized by the effective use of barriers and flagman and by filling all open trenches at the end of each day. North Carolina Department of Transportation (DOT) safety regulations will be ,.' "!.ctly observed. DOT personnel will be included in tt.{ .. ~construction conference and construction progress me ~ ,., ,. 'l'''',~'~P~' ""'f1"::!Wt> 693 c. Impact on Air Quality Burning will be perforae4 in accordance with requirement of .raittinv avenei... Burninq will be kept to a minimum by ~aulinq 4ebri. to the lan4fill when pos.ible. Emission control 4evice. will be required for all construction equipment,.. nece..ary. Specifications will allow the project engineer to require dust control measures if needed. D. Impact on Noise Level construction equipment will be properly muffled and operated I outside of normal sleeping hours to reduce the noise and impact of noise associated with construction. E. Impact on Erosion Sediment and erosion control measures will be strictly adhered to at stream crossings. specifications and permits will require the topography of the area to be restored to pre-project conditions. No fill or excavation (other than required to install the water line) will be allowed. Vegetation will be restored as quickly as site conditions allow. state personnel from the NC Department of Natural Resources typically monitor construction activities on a regular basis and strictly enforce floodplain/wetland erosion control measures. NC state law requires that a sediment and erosion control plan be developed and implemented on the project. F. Impact Wetlands To eliminate the possibility of the water system accommodating future development within designated wetlands, the following future service restrictions will be adopted and enforced by the district: The oistrict will not install a new water service or will not agree to otherwise provide wate~ service to any structure, dwelling, building or other improvements, which is located in whole or in part with designated wetlands, and which is not already existing, established and completed on or before the final completion date and placement in operation of the proposed improvements. Designated wetlands for the district's services area are identified on National Wetlands Inventory Maps prepared by the U.S. Department of Interior, Fish 'Wildlife Service. I These maps in their most updated form are to be maintained on permanent file at the central office of the district. This restriction shall be adopted by resolution of the district's governing body and shall be binding upon the district, its representatives, successors, and assigns. This resolution shall in no manner be altered, amended, rescinded or modified without first obtaining the prior written consent of the Farmers Home Administration, USDA an agency of the United states Government. G. Farmland Impact To minimize the project's potential impacts on important farmland, the following mitigation measure will be adopted and enforced by the district: The District will adopted and enforce a resolution stating that the sanitary district will not install future water service taps, larger than normal residential size, to non- agricultural development on important farmland in any of the following waterline corridors with written concurrence of the Farmers Home Administration: SR 1705 from NC27 to SR 1704 SR 1542 from SR 1543 to SR 1510 SR 1510 from SR 1542 to SR 1403 .~~__ SR 1403 from SR 1510 to SR ~;5~~ The district further agrees to select future well and tank sites, pump stations, etc. to avoid conversion of prime or ~ important farmland. . The district must agree to design and construct the proposed project to limit capacities to those required to meet minimal needs of the district and to -comply with State I Regulatory Agency requirements and sound engineering practices. All ap~licable ~tems set out in Form ~mHA 442-13, Processing checkl~st, PubllC Body, apply to thlS project and become a part of the Letter of Conditions. Sincerely, /..:51 JACKIE E. MCLAMB District Oirector Enclosures 694 EAST CENTRAl, WATER & SEWER OISTRICT OF HARNETT COUNTY 1 RESOLUTION NO: BE IT RESOLVED Let it be known that the Board of Commissioners of the East Central Water & Sewer District of Harnett County, hereby, recinds that resolution of January 3, 1995, but continues to amend that r7s~lution adopted January 18, 1994, (which accepted the Letter of Cond~t~ons dated January 18, 1994, and Form FmHA 1942-47, Loan Reso~u~ion d~ted January 18, 1994 in connection with the Farmers Home Adm~n~strat~on request for services); I Let it be known that the Board continues to accept the conditions set forth in a Letter of Conditions dated January 18, 1994, and now revised on January 17, 1995, along with Form lillHA 1942-47, Loan Resolution dated January 17, 1995 and FOI In J. 'HA 1942-31, Grant Agreement dated January 17, 1995. That the Board of commissioners of the East Central Water and Sewer District approves as shown on the Form FmHA 442-7, operating Budget dated January 17, 1995. That the Chairman and Clerk be authorized to execute all forms necessary to obtain a loan from FmHA, including, but not limited to the following forms: Form FmHA 1942-47 Loan Resolution Form FmHA 1942-46 Letter of Intent to Meet Conditions Form FmHA 442-7 operating Budget Form FmHA 400-4 Assurance Agreement Form FmHA 400-1 Equal Opportunity Agreement Form FmHA 1940-1 Request for Obligations of Funds Form FmHA 1910-11 Applicant Certification Federal Collection Policies Form FmHA 1942-31 Grant Agreement That if the interest rate charged by FmHA should change between this date and the date of actual approval, the Chairman and Clerk be authorized to execute new forms reflecting the current interest rate and revised payments as required by FmHA. That the Board of Commissioners elects to have the interest charged by FmHA to be the lower of the rate in effect at either the time of loan approval or loan closing. The proposed rate schedule for water use is as follows: Minimum-$10.48 and $2.04/1000 gallons of water usage I The resolution to become a part of the official minutes of the_Bo.ard of Commissioners meeting held January 17, 1995. Motion made by and seconded by that the Resolution be approved. Motion passed for and against. ATTEST CHAIRMAN EAST CENTRAL WATER & SEWER DISTRICT ( Position 5 C. USDA-FmHA FORM APPROVED Fonn FmHA 194247 OMB NO. 0575-0015 (Rev. 1.90) LOAN RESOLUTION (Public Bodies) A RESOLUTION OF THE BOARD OF COMMISSIO~S .. OF THE EAST l..t.l.uttAL WATER. & SEWER DISTRICT OF lIARl'IIE.fT COUNTY AUrnORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS WATER DISTRIBUTION SYSTEM FACILITY TO SERVE AN AREA LA WFULL Y WITHIN ITS JURISDICTION TO SERVE. -- WHEREAS, it is necessary for the ..,EA.C:;T l,;t;N1KAL WATER & S~ nT-9'rnTr.1' (Public Body) (herein after called Association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of 'll-IREE MILLION SEVEN HUNDRED EIGHTY TIlOUSAND AND NO'/lOOl'HS ($3, 780,000 ~)) pursuant to the provisions of LOCAL GOVERNMENT ACJ' (~...s. 1 I}Q4'.\ IT ~m) . ;and I WHEREAS, the Association intends to obtain assistance from the Farmers Horne Administration, United States Department of Agri- culture, (herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in the planning, fmancing, and supervision of such undertaking and the purchasing of bonds lawfuUy issued, in the event that no other acceptable purchaser for such bonds is found by the Association: NOW THEREFORE. in consideration of the premises the Association hereby resolves: 1. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds containin~ such items and in such forms as are required by State statutes and as are agreeable and acceptable to the Government. 2. To refmance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any tbne it shall appear to the Government that the Association is able to refinance its bonds by obtaining a loan for such purposes from responsible cooperative or private sources at rr :!~onable rates and tenns for loans for simHar purposes and periods oftbne asrequired by section 333(c) of said Consolid:t1ed Farm and Rural Development Act (7 U.S;C. 1983(c)). - 3. To provide for, execute, and comply with Form FmHA 400-4, "Assurance Agreement," and Form FmHA 400.1, "E~Ual Opportunity Agreement," including an "Equal Opportunity Clause," which clause is to be incorporated in, or attac ed - as a rider to, each constructiO!l ~cr:!ract and subcontract involving in excess of $10,000. 695 d I ff1 d by the Government on behalf of the Association. 4. To indemnify the Government for In~ p;ym.: ma e or o~rru= pledpct to pay the bonds or any other legal per- Such lnlSImftlf1cadon Ihall be paylb rOlft . IUD' lOUr mllllba. IOUrOt. the bonds in the performance of any cov- 5. 'lhat upon .'lIlh in tht .c4m::: :~< S:C~N::n:c.:~te:::"k:na or _ the loan, the Gove~ent at mwtt Of ~ =- tilt ",tiN prtncIpalamount then ou~ anclaccrued interest immediately due and pay- :..op&; ,~'~.t of the AIIocIatIon (payable from the ioUree of funds pledpd to pay the bonds or any other _ ..... .,.), IMut Ift4 pty r_.-we IX~' for repair, m*teaanee, ancl operation of the facility and I .... de- ........ ....... II :at 1M ......,. to CUM the cau. of clefault. and/or (c) tab pollnlion of ~e facUity, ''flit, __., .. opII'Itt or r.nt t. Defatlt uDder the !ovcwtllonl of this moIutkm or any instrument iacldent to the mlldnt or -tint of the loan may be construed by the ."""ent to constitute default under any other instrument held by the Government Ind executed or IllUmed by the Auoclation, and default under any IUCh instrument may be construed by the Government to conltitute default hereunder. 6. Not to sell, transfer, lease, or otherwise encumber the facUlty or any portion thereof, or interest therein, or permit others to do so' without thp. orlnr written consent of the Government. 7. Not to deCease.the bonds, or to borrow money, enter into any contract or agreement, or otherwise incur any liabilities for any purpose in connection with the facUity (exclusive of normal maintenance) without the prior written consent of the Government if such undertaking would involve the source of funds pledged to pay the bonds. 8. To place the proceeds of the bonds on deposit in an account and in a manner approved by the Government. Funds may be deposited in institutions insured by the State or Federal Government or invested in reldny marketable securities backed by the fun fafth and credit of the United States. Any income from these accounts will be considered as revenues of the . system. 9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in good condition. 10. To provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance, and the establishment of adequate reserves. Revenue accumulated over and above that needed to pay operating and mainte- nance, debt service and reserves may only be retained or used to make prepayments on the loan. Revenue cannot be used to pay any expenses which are not directly incurred for the facUity fmanced by FmHA. No free service or use of the facility will be permitted. It. To acquire and maintain such insurance and fidelity bond covera~e as may be required bv the Government. 12. To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to provide for required audit thereof as required by the Government, to provide the Government a copy of each such audit without its request, and to forward to the Government such additional information and reports as it may from time to time require. 13. To provide the Government at all reasonable times access to all books and records relating to the facility and access to the property of the system so that the Government may ascertain that the Association is complying with the provisions hereof and of the instruments incident to the making or insuring of the loan. 14. That if the Government requires that a reserve 'account be established and maintained, disbursements from that account may be used when necessary for payments due on the bond if sufficient funds are not otherwise available. With the prior written approvai of the Government, funds may be withdrawn for: (a) Paying the cost of repairing or replacing any damage to the facility caused by catastrophe. - (b) Repairing or replacing short-lived assets. (c) Making extensions or improvements to the facility. I Any time funds are disbursed from the reserve account, additional deposits will be required until the reserve account has reached the required funded level. 15. To provide adequate service to aU persons within the service area who can feasibly and legally be served and to obtain FmHA's concurrence prior to refusing new or adequate services to such persons. Upon fallure to provid.e services which are feasible and legal, such person shall have a direct right of action against the Association or public body. 16. To comply with the <measures identified in the Government's environmental impact analysis for this facility for the pur. pose of avoiding or reducing the adverse environmental impacts of the facility's construction or operation. 17. To accept a grant in an amount not to exceed S 2.000 .000.00 under the terms offered by the Government; that the CHAIRMAN and CLERK of the Association are hereby authorized and empowered to take aU action necessary or appropriate in the execution of aU written instruments as may be required in regard to or as evidence of such grant; and to operate the (acUity under the terms offered in said grant agreement(s). The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan, unless otherwise specifically provided by the terms of such instrument, shall be binding upon the Association as long liS the bonds are held or insured by the Government or assignee. The provisions of sections 6 through 17 hereof may be provided for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling between the Association and the Government or assignee .; The vote was: Yeas Nays Absent IN WITNESS WHEREOF, the BOARD OF COMMISSIONERS of the FAST CENTRAL WATER AND S&lER DISTRICT OF HAID+4~J.T COUNTY has duly adopted this resolution and caused it to be executed by the officers below in duplicate on this 17th day of JANUARY , 19..21.. EAST CENTRAL WATER & SJOO:R DISTRIc;T I (SEAL) By H.t. SORRELL,- JR. Attest: Title CHAIRMAN VANt:::i~A W. rwNU Titil" SECRETARY 696 CERTIFICATION TO BE EXECUTED AT LOAN CLOSING I. the undersigned. as of the hereby certify that the of such Association is composed of members. of whom . constituting a quorum. were present at a meeting thereof duly called and held on the day of . 19 _; and that the foregoing resolution was adopted at such meeting I by the vote shown above. I further certify that as of . the date of closing of the loan from the Farmers Home Administration. said resolution remains in effect and has not been rescinded or amended in any way. Dated. thi~ day of .19_. Title . U.S.OPO: 1 890-0-717.014122842 Form FmHA 1942-31 FORM APPROVED (Rev. 12-89) OMB NO. 0575-0074 UNITED STATES DEPARTMENT OF AGRICUL TURf FARMERS HOME ADMINISTRATION ASSOCIA TION W ^ TER OR SF.W.~R SYSTEM G RANT AGREEMENT THIS AGREEMENT dated . ,TANTTARY 17 . 19 .95-, between EAST CENTRAL WATER & SEWER DISTRH~T OF HAR1\II'.1T ('()JT1\l'T'V a public corporation organized and operating under .ARTT(~T.F. 6 OF r.HA...Tt<,H' J 6/ A OF J.rtt!,; NOD'T"U CAROLIW_ GENERAL STATUTES (Authorizing Statute) herein called "Grantee," and the United States of America acting through the Farmers Home Administration. Department of Agri- culture. herein caUed "Grantor." WITNESSETH: WHEREAS I Grantee has determined to undertake a project of acquisition. construction. enlargement. or capital improvement of a (water) (sewer) system to serve the area under its jurisdiction at an estimated cost of $ 5,q~H,100,()() and has duly authorized the undertaking of such project. Grantee is able to finance not more than $ 3,780,000-00 of the development costs through revenues. charges. taxes or assessments. or funds otherwise available to Grantee resulting in a reasonable user charge. Said sum of $ 3.780.000.00 has been comitted to and by Grantee for such project development costs. Grantor has agreed to grant the Grantee a sum not to exceed S 2,000,000 - on or 14 percent of said development costs. whichever is the lesser. subject to the terms and conditions established by the Grantor. Provided. however.... that the proportionate share of any grant funds actually advanced and not needed for grant purposes shall be returned immediately to the Grantor. The Grantor may terminate the grant in whole. or in part. at any time before the date of completion. whenever it is determined that the Grantee has failed to comply with the conditions of the grant~ NOW. THEREFORE. In consideration of said grant by Grantor to Grantee. to be made pursuant to Section 306 (a)?! the Consolidated Farm and Rural Development Act for the purpose only of defraying a part not to exceed 14 percent of the development costs. as defined by applicable Farmers Home Administration instructions. GRANTEE AGREES THAT GRANTEE WILL: A. Cause said project to be constructed within the total sums available to it. including said grant, in accordance with the project plans and specifications and any modifications thereof prepared by Grantee and approved by Grantor. B. Permit periodic inspection of the construction by a representative of Grantor during construction. C. Comply with any measures identified in the Government's environmental impact analysis fot: this facility for the pur- pose of avoiding or reducing the adverse environmental impacts of the facility's construction or operation. D. Comply with aU applicable state and federal laws and regulations and manage. operate and maintain the system, including I this project if less than the whole of said system, continuously in an efficient and econonl'ical manner. E. Make the services of said system available within its capacity to all persons in Grantee's service area without discrimina- tion as to race, color. religion, sex. national origin. age. marital status. or physical or mental handicap (possess capacity to enter into legal contract for services) at reasonable charges. including assessments. taxes, or fees in accordance with a schedule of such charges. whether for one or more classes of service, adopted by resolution date .TANTTARV 17 ,1995-, as may be modified from time to time by Grantee. The initial rate schedule must be approved by Grantor. Thereafter. Grantee may make such modifications to the rate system as long as the rate schedule remains reasonable and nondiscriminatory. I',,"lie rl'porli/lll ""rd.." fur llIi. (',,/I.'eli"/I of i/l.r"rmaJio/l is ...Iimaled I" allerall(' 2 11O!.r.. }ler ......~.O/l...... i/lct""i/l,1l Ihe lim.l' for rl'l~iewi'!~ il1S.'rUl'li~/I'. ....".(.IIillll ('.\'i.""'1I '/11/11 .mn.'..... Ill1tIlI'ri"l: 1111I/ "'"I11II11/11"g /l1f' ,I,,/a ",....1,..1. lI/1d e..III/,/,'/wl! "',,' r.'I'll'",mll /Ill' e,,/I. dum of III f"rma IIfJll. S/lllt ("mm. "ts '"f'Nflrdi'lIl """ burd.'n ,'sl"""I,. or (In.\' utl"'r ....(IIf.'.' of 11.;te ,'(,;1",'1;"" of i,.fHr'II"",,,, "f~'''ItU'I/t! 1I""'':f'''t~i''"S for r.'tI'U"'''1l "..." ""r,',:", t" lh'I'm'/~"I"!I, fir Allricultur.., Ckarllm',' ()"je,('r. (HUM, It..",,, 4'1-/. lV, W,~./,' ,.t. u.c:. 202M); """ la tI", "(flt'.. uf iI/<liIfIItI'/II""/ "III' ""dlt.,/. ) a/Jc'r"",rIl U. ./", ".." I'rojecl (QMB No. 0575.0074), 11 ".'/,i/l,'on, lJ.C.20503_ (, 'ion 2 l FmHA 1942-31 (Rev. 12-89) -------- e' -- -1P'~--""'.-.-,-,\":,- ~:. -r--";;,w~- 697 .' F Ad'u t its oper,tin, costs and service charges from time to time to provide for adequate operation and maintenance, . ~lrS 'eservel obloieleonce reserves, debt service and debt service reserves. ..' . emerae;cy r;~pand its ";.tem from time to time to meet reasonably anticipated growth or service requuements m the area wIthln its jurisdiction. . . d" . f'ts r fons by are- H. Provide Grantor with such periodic reports as it may require and permlt perto lC mspechon 0 lope a 1 presentative of the Grantor. " d I To execute Forml FmHA 400-1 "Equal Opportunity Alreement," and FmHA 400-4, "Assurance Agreement, an any olhff ~.....m.fttl required by Grantor which Grantee i. leplly authorized to execute. If any such forms have been executed by Grantee a. a relUlt of a loan beln. made to Grantee by Grantor contemporaneously with the making of this Grant, another form of the ..me type n.ed not be executed in connection with thil Grant. , . J Upon an)' default under itl representations or aFeementlset forth in this instrument, or in the instruments mCldent to I the I.'tdinl of th'llnt, Or.ne.., ae th, option and demand of Grantor, to the extent leplly permissible, will repay to grantor torthwltb tilt 0"'1Ul amount of ehe .,ant reoeived whh the ine.teet acetUm. there~n from the date of default a~ the m~ket rate tor wet.t .nd WII" cU'POIIlloan .....cance in eff.cton the date hereof or at the tune the default occurred, whichever IS greater. .' Default by tht Orant.. wUI con.titute termination of the arlnt thereby CIUsit\8 cancellation of Federal assistance under the srant. The provisions of this Grant All'eement may be enforced by Grantor, at its option and without reprd to prior waivers by it of pre- vious defaults of Grantee, by judicial proceedings to require specific performance of the terms of this Grant Agreement or by ,such other proceedings in law or equity, in either Federal or State courts, as may be deemed necessary by Grantor to assure comphance with the provisions of this Grant Agreement and the laws and regulations under which this grant is made. K. Return immediately to Grantor, as required by the regulations of Grantor, any grant funds actually advanced and not needed by Grantee for approved purposes. L. Use the real property inclUding land, land improvements, structures, and appurtenances thereto, for authorized purposes of the grant as long as needed. 1. Title to real property shall vest in the recipient subject to the condition that the Grantee shall use the real property for the authorized purpose of the original grant as long as needed. 2. The Grantee shall obtain approval by tbe Grantor agency for the use of the real property in other projects when the Grantee determines that the property is no longer needed for the original grant purposes. Use in other projects shall be limited to those under other Federal grant programs or programs that have purposes consistent with those authorized for sup- port by the Grantor. 3. When the real property is no longer needed as provided in 1 and 2 above, the Grantee shall request disposition instructions from the Grantor agency or its successor Federal agency. The Grantor agency shall observe the following rules in the disposition instructions: (a) The Grantor may be permitted to retain title after it compensates the Federal Government in an amount computed by applying the Federal percentage of participation in the cost of the original project to the fair market value of the property. (b) The Grantee may be directed to sell the property under guidelines provided by the Grantor agency and pay the Federal Government an amount computed by applying the Federal percentage of participation in the cost of the original project to the proceeds from ,sale (after deducting actual and reasonable selling and fix-up expenses, if any, from the sale proceeds). When the Grantee is authorized or required to sell the property, proper sales procedures shall be estab- lished that provide for competition to the extent practicable and result in the highest possible return. (c) The Grantee may be directed to transfer title to the property to the Federal Government provided that in such cases the Grantee shall be entitled to compensation computed by applying the Grantee's percentage of participa- tion in the cost of the program or project to the current fair market value of the property. The Grant A~reement covers the following described real property (use continuation sheets as necessary). ALL TANK SITES, PUMP STATION SITES, ht!.l.l!.l{ VAULT SITES, ALL RIGHTS-oF-WAYS OR EASEMENTS TIJAT I ARE OBTAINED BY EAST CENTRAL WATER & SEWER DISTRIcr OF 1iARh~.L1. COUNlY BY NEGOTIATIONS, CONDEMNATIONS, OR PURCHASE OF EXIl:)l.J.l<<; SYSTEMS. M. Abide by the following conditions pertaining,to nonexpendable personal property which is furnished by the Grantor or acquired wholly or in part with grant funds. Nonexpendable personal property means tangible personal property having a useful life of more than one year and an acqUisition cost of $300 or more per unit. A Grantee may use its own definition of nonexpeildable per~onal property provided such definition would at least include all tangible personal personal property as defined above. 1. Use of nonexpendable property. (a) The Grantee shall use the property in the project for which it was acquired as long as needed. When no longer needed for the original project, the Grantee shall use the property in connection with its other Federally sponsored activ- ities, if any, in the following order of priority: (1) Activities sponsored by FmHA. (2) Activities sponsored by other Federal agencies. (b) During the time that nonexpendable personal property is held for use on the project for which it was acquired, the Grantee shall ,make it available for use on other projects if such other use will not interfere with the work on the project for which the property was originally acquired. First preference for such other use shaD be given to FmHA sponsored projects. Second preference will be given to other Federally sponsored projects. I 2. Disposition of nonexpendable property. When the Grantee no longer needs the property as provided in paragraph I (a) above, the property may be used for other activites in accordance with the following standards: (a) Nonexpendable property with a unit acquisition cost of less than $1,000. The Grantee may use the property for other activities without reimbursement to the Federal Government or sell the property and retain the proceeds. (b) Nonexpendable personal property with a unit acquisiton cost of $1,000 or more. The Grantee may retain the property for other uses provided that compensation is made to the original Grantor agency or its successor. The amount of compensation shall be computed by applying the percentage of Federal participation in the cost of the original project or program to the current fair market value of the property. If the Grantee has no need for the property and the property has further use value, the Grantee shall request disposition instructions from the original Grantor agency. The Grailtor agency shall determine whether the property can be used to meet the agency's requirements. If no require- ment exists within that agency, the availability of the property shall be reported, in accordance with the guidelines of the Federal Property Management Regulations (FPMR), to the General Services Administration by the Grantor agency to determine whether a requirement for the property exists in other Federal agencies. The Grantor agency shall issue instruction!! to the Grantee no later than 120 days after the Grantee request and the following procedures shall govern: (I) If so instructed or if disposition instructions are not issued within 120 calendar days after the Grantee's request, the Grantee shall sell the property and reimburse the Grantor agency an amount computed by applying to the sales proceeds the percentage of Federal participation in the cost of the original project or program. How- I ever, the Grantee shall be permitted to deduct and retain from the Federal share $100 or ten percent of the pro- ceeds, whichever is greater, for the Grantee's selling and handling expenses. (2) If the Grantee is instructed to ship the property elsewhere the Grantee shall be reimbursed by the benefitting Federal agency with an amount which is computed by applying the percentage of the Grantee parti. cipation in the cost of the original grant project or program to the current fair market value of the property, plus any reasonable shipping or interim storage costs incurred. (3) If the Grantee is instructed to otherwise dispose: of the property, the Grantee shall be reimbursed by the - Grantor agency for such costs incurred in its disposition. 3. The Grantee's property management standards for nonexpendable personal property shall also include: (a) Property records which accurately provide for: a dr',cription of the property; manufacturer's serial number or other identification number; acquisition date and cost: - :'i:ce of the property; percentage <at the end of budget year) of Federal Participation in the cost of the project for which t: "roperty was acqUired; location, use and condition of the pro- perty and the date the information was reported; and ultimo'"~ disposition data including sales price or the method used to determine current fair market value if the Grantee reimburses tl.", Grantor for its share. (b) A physical inventory of property shall be ted'cn and the results reconciled with the property records at least once every two years to verify the existence, current U! l. dtion, and continued need for the property. 698 (c) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft of nonexpendable property shall be investigated and fullY documented. (d) Adequate maintenance procedures shall be implemented to keep the property in good condition. (e) Proper sales procedures shall be established for unneeded propertY which would provide for competition to the extent practicable and result in the highest possible return. This Grant Areement covers the folIowinR described nonexpendable property (use continuation sheets as necessary). ALL DISTR BUTIONS LINES, ~.LU\S, VALVES, FIRE HYDRANIS, WATER STORAGE TANKS, ALL BUILDINGS, MASTER ht..I.~, AND NY AND ALL U.lJ1J!.l( FACILITIES COI,,::U.Kl)\.J.W OR PURCHASED BY FAST CENTRAL WA'IER & SEWEll-DIS'DUCT OF HARJ.u.u CCJJNTY AS A PART OF ITS INITIAL WATER DISTRIBUTION SYSTm I N. Provide Financial Management Systems which will include: 1. Accurate, current, and complete disclosure of the financial results of each grant. Financial reporting will be on an accrual basis. 2. Records which identify adequately the source and application of funds for grant-supported activities. Those records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income. .. 3. Effective control over and accountability for all funds, property and other assets. Grantees shall adequately safe- guard all such assets and shall assure that they are used solely for authorized purposes. 4. Accounting records supported by source documentation. O. Retain financial records, supporting documents, statistical records, and all other records pertinent to the grant for a period of at least three years after grant closing except that the records shall be retained beyond the three-year period if audit findings have not been resolved. Microfilm copies may be substituted in lieu oJ. original records. The Grantor and the Comptroller General of the United States, or any of their duly authorized representatives, shan have access to any books, documents, papers, and records of the Grantee's government which are pertinent to the specific grant program for the purpose of making audits, examinations, ex- cerpts and transcripts. P. Provide information as requested by the Grantor to determine the need for and complete any necessary Environmental Impact Statements. Q. Provide an audit report prepared in sufficient detail to allow the Grantor to determine that funds have been used in compliance with the proposal, any applicable laws and regulations and this Agreement. R. Agree to account for and to return to Grantor interest earned on grant funds pending this disbursement for program purposes when the Grantee is a unit of local government or a nonprofit organization. States and agencies or instrumentalities of states shall not be held accountable for interest earned on grant funds pending their disbursement. S. Not encumber, transfer or dispose of the property or any part thereof, furnished by the Grantor or acquired wholly or in part with Grantor funds without the written consent of the Grantor except as provided in items K and Labove. T. Include in all contracts for construction or repair a provision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). The Grantee shall report.all suspected or reported violations to the Grantor. V. In construction contracts in excess of $2,000 and in other contracts in excess of 52,500 which involve the employment of mechanics or laborers, to include a provision for compliance with Sections I03 and I07 of the Contract Work Hours and Safety Standards Act (40 V.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR, Part 5). V. To include in all contracts in excess of S I 00,000 a provision that the contractor agrees to comply with all the require- ments of Section 114 of the Clean Air Act (42 U.S.C. ~1875C-9) and Section 308 of the Water Pollution Control Act (33 U.S.c. ~I318) relating to inspection, monitoring, entry. reports, and information, as well as all other requirements specified in Section 114 of the Clean Air Act and Section 308 of the Water Pollution Control Act and all regulations and guidelines issued thereunder after I the award of the contract. Such regulations and guidelines can be found in 40 CFR 15.4 and 40 FR 17126 dated April 16, 1975. In so doing the Contractor further agrees: I. As a condition for the award of contract, to notify the Owner of the receipt of any communication from the Envi- ronmental Protection Agency (EPA) indicating that a facility to be utilized in the performance of the contract is under con- sideration to be listed on the EPA list of Violating Facilities. Prompt notification is required prior to contract award. 2. To certify that any facility to be utilized in the performance of any nonexempt contractor subcontract is not listed on the EPA list of Violating Facilities pursuant to 40 CFR 15.20 as of the date of contract award. 3. To include or cause to be included the above criteria and the requirements in every nonexempt subcontract and that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. As used in these paragraphs the term "facility" means any building, plan, installation, structure, mine, vessel or other floating craft, location, or site of operations, owned, leased, or supervised by a Grantee, cooperator, contractor, or subcontractor, to be utilized in the performance of a grant, agreement,contract, subgrant, or subcontract. Where a location or site of operation contains or in- cludes more than one building, plant, installation, or structure, the entire location shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are co-located in one geographical area. W. The following clause is applicable to nonprofit organizations: As a condition of thia Grant or Cooperative Agreement, the recipient a.uures and certifies that it is in compliance with _ _ . and will comply In the course of the Agreement with all applicable lawl, regulations, Executive Orders and other generally applicable requirementa, Including those let out in 7 CFR 3015.205(b), which hereby are incorporated in thia Agreement by rt!ference, and luch statutory provisions u are specifically set forth hereIn. GRANTOR AGREES THAT IT: A. Will make available to Grantee for the purpose of this Agreement not to exceed S 2.,000,000.00 which it will advance to Grantee to meet not to exceed 34 percent of the development costs of the project in accordance with the actual needs of Grantee as determined by Grantor. B. Will assist Grantee, within available appropriations, with such technical assistance as Grantor deems appropriate in planning the project and coordinating the plan with local official comprehensive plans for sewer and water and with any State or area plans lor the area in which the project is located. C. At its sole discretion and at any time may give any consent, deferment, subordination, release, satisfaction, or termina- tion of any or all of Grantee's grant obligations, with or without valuable consideration, upon such terms and conditions as Grantor may determine to be (1) advisable to further the purpose of the grant or to protect Grantor's financial interest therein and (2) con- sistent with both the statutory purposes of the grant and the limitations of the statutory authority under which it is made. TERMINATION OF THIS AGREEMENT I This Agreement may be terminated for cause in the event of default on the part of the Grantee as provided in Paragraph I above or for convenience of the Grantor and Grantee prior to the date of completion of the grant purpose. Termination for con- venience will occur when both the Grantee and Grantor agree that the continuation of the project will not produce beneficial results commensurate with the further expenditure of funds. IN WITNESS WHEREOF Grantee on the date first above written has caused these presence to be executed by its duly author- ized CHAIRM.A!IT and attested and its corporated seal affixed by its duly author i;'ed CLERK . <-.. . ~~ .,...-..."""",~--,,-,,,,' ..,."..-.....,...,-..-~ ~----- -~-_...__._- 699 5 ATTEST: By VM~M w. YOONG By I H.L. SORRElL, JR. CLERK CHAIRMAN (Title) (Title) UNITED STATES OF AMERICA FARMERS HOME ADMINISTRATION By . (Title) USL>A-~mHA Position 3 Schedule 1 Form FmHA 442-7 OPERA TING BUDGET (Rev. 8-12-76) Name Address .EAS,T CENrRAL WATER ~~F.WER nT~TRTC'1' P.O. MY 111Q . TlT T TNCIQbl Applicant Fiscal Year County I State (Including ZIP Code) From .JlILI 1 To .llJI:lF. 1 l HAR"''',T I 11\r ?15A1. 19Q,:\-Q9: 19Q4-91:l 19 Qll-Clf' 19 First Full Year OPERATING INCGME (1) (2) (3) (4) (5) 1. WATER SALES -0- 100.000 200.000 454.656 2. TAP-ON FEES . 30.000 50.000 50.000 I 3. 4. 5. Miscellaneous 6. Less: Allowances and ( ) ( ) ( ) ( ) ( ) Deductions 7. Total Opcratinf Income 30.000 110.000 2101000 4r;4.nl:ln (Add Lines 1 trough 6) OPERATING EXPENSES EMPLOYEE 8. SALAIqES & EXPEtiSL l5.000 48.000 ~ 7z...zao 9. OFFICE & ADM. ~ LOOO ~.ooo 7 J11J 7~W> ~ , . , 10. MRC EXPENSE~ 1 QQO 'WXlO 1 Q...OO!'l l?_~m - 11. rrrn .TTTF.~ 'ion ~.aon 4.(P1 ] A.'lY' 12. MAINTENANCF. -0- 1.000 2.000 4.000 13. SlW,",1 :Us. CHEMS. , ETC. SOO 1.000 1.QOO 2.000 14. WATF.R PrTRrnA~F. -0- 2.Z..6QO IlQ.Jm 0120,000 15. Interest (FmHA) ..0- 144.320 169,75~ 1 QA..Sa5 16. Depreciation 17. Total Operatin~ Expense 18.000 232.920 329.45~ L..?O ,11E\1l (Add Lmes 8 trough 16) 18. NET OPERATING INCOME 12.000 -82.920 -79.453 34 . 071 (LOSS) (Line 7 less 17) NONOPERATING INCOME 19. 20. . I 21. Total Nonoserating Income (Add 19 an 20) 22. NET INCOME (LOSS~ (Add Lines 18 and 21 (transfer to line A Schedule 12.000 -8?'.Q20 -7Q "Iii 'VI.Jll1 ?~ 4% BAN i'AJJ.1!. 3,608,000 = 144 ,320 Budget and Projected Cash Flow Approved by Governing Body 5.625% X 172,000 = _ .::9,675 5.125% X 3,608,000 = 184,910 Attes~ . 1-17-95 194,585 Annual VANESSA W. YOUNG Secretary Date \(BAN RATE) + \(RECD RATE)1995-96 1-17-95 72,460 + 97,293 = 169,753 H.L. SORRELL, JR. Approprlizte Olftcilll Date 700 Schedule 2 PROJECTED CASH FLOW First 19 93-94 19Q4-Qr; 19.25-Q,,_ 19 Full Year A. Line 22 from Schedule 1 Income (loll) 12.~ -82.920 ::12.- illl "- ':\il J 071 MsI B. Items in Operations not ReQuirinR Cash: 1. Depreciation (line 16 Schedule 1) - 2. Others' C. Cash Provided From: 5~7Rl,an I 1. Proceeds from FmHA loan/grant 2. Proceeds from others 90,000 3. Increase (Decrease) in Accounts Payable, Accruals anei other Current Liabilities 4. Decrease (Increase) in Accounts Receivable, Inventories and Other Current Assets (Exclude Cash) ':\,1ffiJan 5. Other' BAN 6. = D. Total all A, Band C Items 102,000 1, it17,rA1 5,7m,~7 '-U.. JUl. E. Less: Cash Expended for: 1. All Con.."",tIon, Equipme~~:.. 90.000 3.543.100 z:an.an (loan and Grant funds) · 2. ......WUtHiiR and AdditioN to Property, 42,000 40,000 Plant and Equipment 33,Q,,4* 3. Principal Payment FmHA Loan 4. Principal Payment Other Loans 3,700,an 5. Other:,RF.PAV R,AN 6. Total E 1 through 5 90,000 3,585,lm5,648raD Add NlA '1? fY1(L .1? ~ cwo.. NLA F. Beginning Cash Balances G. Ending Cash Balances (Total of D Minus E 6 Plus F) S 1 ? - QQQ.. n? '\...9.BQ li5.2.7 S llOJ' Item G Cash Balances Composed of: S S S S Construction Account S Revenue Account Debt Payment Account -1Q7 O&M Account ill7 I Reserve Account Funded Dilreciation Account 12.000 Others.AD ITIONAL EQUIPMENT PURCHASE CONSTRUCTION Ilnr.t<EST ACCOUNr Ul. qRO_ Total . Agrees with Item G !!~,.ooo.... S 1 ?'t..9BPS b'12L S UQ7 * 3,608,000 X .6028 = 217,491 172,000 X .6429 = 11 ,058 228,549 - 194,585 (Interest) 33,964 Instructions - Op~rating Budget Schedule I This form is to be prepared by the Applicant and is to include data for each year, from loan closing through the fust full year of .' operation. Example: If only two colums are required, use columns four (4) and five (5). Income and expense Items: All data entered should be on the same basis as theAppUcant's Accounting records, Le;, cash basis. accrual basis. etc.. OperatinR Income: lines 1.5 Lilt types of income as appropriate. line 6 - Allowances and Deductions: (Pertains generally to Health Care Institutions, and represents the difference between Gross Income and Amounts Received or to be Received from patients and third party payors) I Operating Expenses lines 8.14 List types of expenses as appropriate. line 1 5 - Interest FmHA (interest expense incurred on FmHA note(s)). line 16- Depreciation (total depreciation expense for the year) line 18 - Net Operating Income (Loss)) (this amount represents the net operating income or loss before adding income not related to operations below) Non OperatinR Income lines 19.20 (indicate Items of income derived from sources other than regular activities, Ex: interest earned) line 22 - Net Income (Loss) (this amount is also transferred to item A Schedule 2 Projected Cash Flow Statement) 701 IlIItNOtioM · ProiICtlCS Cub Flow. Schectule 2 11dI ,n It ..... to ::I: .. IIIow of CIlIa by .. AtpUOII" for ... yeu, 60. Iou ~ tIIIcNth &be tJnt full ~ of operation. UN fhI.....IltI... ___... _ till o,.atIII....., .... I. ".. 0iIh Flow ProjectloaI..tmportal '" ~r"'" tht 1""1M)f 01_ to oowr.... ...... inaIf.. to debt paymeat. ~ ac:coufttl. etc_ ~ tMIr INOfdllUlody OD aM ... bull of ue>>UIltIDI and haw DO Acc>>untl Rec:ehab1e lAd Accounts Payable, IMY 0ftIy .... If.' ............,..............: A. 8-1, C.l,l-land 1-3, P uut G. I Un,ltem ~ line A - Brtna forward the Income or 10. u entered on line 22.lChedule 1. --- line B - Add blck any depreciation or other DOn cash ltenlncluded on Schedule 1. Opentina Budget. UneC - Complete lten C.t throuah C-6 u appropriate, for ftem changes which provide for increase in cash balances. NOTE: Do not include changes in cash Accounts in Current Assets of item C4_ Unes C-3 and C4 will in- dicate the changes in Working Capital (Current Assets and Current UabiUties. Exclusive of Cash.) line D - Enter the Net Total of an A, B and C items. line E - Complete items E-I through E-6 as appropriate for items for which cash was expended. Une F - Enter the Deputing Cub Batance(s) for the period. Un. G - The totl1 of itlm D It.. 8-6 plua F will be the Endins Cub Ba1anco(a): Thl. total will b. reoonci1ed by balancea in the varIouaICCOunt.. I.... conltructlon. revenue. debt. ttc.. FORM APPROVED OMS NO. 0575-0015 UNITED STATES DEPARTMENT OF AGRICULTURE FARMERS HOME ADMINISTRATION Form FmHA 194246 (Rev. 9-89) LETTER OF INTENT TO MEET CONDITIONS Date JANUARY 17. 1995 '- TO: Farmers Home Administration United States Department of Agriculture 1027 HIGHWAY 70 WEST SUITE 219 ("..A~NIm bJ" ?7,\~Q , (Coun" o "JiceAddrus) I We have reviewed and understand the conditions set forth. in your letter dated JANUARY 18. 19~ AND REVI~F.n ON LJANtJARY 17, 1QQc; . It is our intent to meet all of them not later than JANUARY 17. 199C. EAST CENTRAlt WATER & SEWER DISTRICT OF (N..e of AuodIItimt) HANU!.J..L COUNTY BY H.L. SORRElL, JR. CHAIRMAN ALJ.J!ST: (I'itu) ! CLERK -- I slf;~~j~i;~~:~ei,lf::n1l~T~:~~~~~~if~;:.i:iif':;:i~~j~\~il~5t:1 i:; .............ntMd.u t. /'CIerworll R_ ucHoll ,ro;.et fOM8 "10. '1~1lJ-OOll}: ..._""ton. D.C.J06~S.on. .. O. an to orne. or FmHA 1942-46 (Rev. 9-89) _..._-~~-- 702 USUA-FmHA ~ Form FmHA 1940-1 REQUEST FOR OBLIGATION OF FUNDS Rev. 11-93) 1. CASE NUMBER S T C 0 BORROWER ID 11 RIO 14 11 I 0 I') 1(-, 11 1(-, 1(-, t7 11 iL1 iL1 I I I I I 2. BORROWER NAME 3. NUMBER NAME FIELDS I 21 (1.2. or 3 from Item 2) I E IA IS IT I Ie IE IN IT IR IA II, I I W AI 11 F1 H. 4. STATE NAME AIN ID I IBJE IW IEJRLID IT IB-IT IR IT Ir.JLI I N~H 1 IC1A IR I.DJL..LT IN 1fLl-1 5. COUNTY NAME ~I ~ J ~ ~ . \ I J \ I I H\~JRJ~TIFJTJ'J'J I .. _I I ., / .."'n~":t,:;,;.~ }M.D.~),~J5I~AEBORRowEki)ld[lNB)l!IMA.m...... .-. " ~ 6. RACE/ETHNIC r 7. TYPE OF 4. PUBLIC BODY 8. COLLATERAL CODE 9. EMPLOYEE CLASSIFICATION APPLICANT 5 - ASSOC. OF I . REAL ESTATE 4. MACHINERY ONLY RELATIONSHIP CODE , FARMERS SECURED 5 -LIVESTOCK ONLY o NONE (SEE FMI) 6. ORG. OF 2 - REAL ESTATE 6. CROPS ONLY' . EMPLOYEE I - WHITE 4 HISPANIC 1 . INDIVIDUAL FARMERS AND CHATTEL 7. SECURED BY 2 - MEMBER OF FAMILY I 2. BlACK 5.AlPI I 2. PARTNERSHIP WORKERS I 3. NOTE ONLY OR BONDS I 3.CLOSERElATIVE 3. AVAN 4 3. CORPORATION 7. OTHER . (-, CHATTEL ONLY 4 ASSOC. 10 SEX CODE 3 FAMILY UNIT ' 11. MARITAL STATUS 12. VETRERAN CODE 13. CREDIT REPORT . 4 . ORGAN. MALE OWNED 6 ' . MALE 5. ORGAN. FEMJl.LE OWNED 1 . MARRIED 3. UNMARRIED (INCLUDES I 1. YES 2 I I - YES I 2 - FEMALE 6 . PUBLIC BODY I 2. SEPARATED WIDOWED/DIVORCED) 2 . NO 2 - NO 14. DIRECT PAYMENT 15. TYPE OF PAYMENT 16. FEE INSPECTION '17. INTEREST CREDIT I MONTHLY 3. SEMI-ANNUALLY 1 YES I .YES (FOR SFH ONLY) 31 (SeeFMI) 2 I 2. ANNUALLY 4. QUARTERLY ? 1 2 - NO I 2. NO 18. COMMUNITY SIZE 19. DWELLING TYPE/USE OF FUNDS CODE I - 10.000 OR lESS (FOR SPH AND ~ 2.0VERIO.OOO HPGONLY) ~ (SeeFMI) J _n~oIJ."~-I-__~K~.' ....... . '-<A). . . 20. TYPE OF 21. PURPOSE CODE 22. SOURCE OF FUNDS 23. TYPE OF ACTION ASSISTANCE I.OBlIGATlONONlY 21 I 2 - OBLIGATION/CHECK REQUEST o I (, 11 I (See FMI) I 1 3 _ CORRECTION OF OBLIGATION 24, TYPE OF SUBMISSION 25. AMOUNT OF LOAN 26. AMOUNT OF GRANT I , . , , .INITAIL: I I 21 2 - SUBSEQUENT i n 17 12 biOI 0 10 10 I I I I I I I 0 0 I 0 27. AMOUNT OF IMMEDIATE 28. DATE OF 29. INTEREST RATE 30. REPAYMENT TERMS ADVANCE APPROVAL MO DA YR ~'~-"~"'--IJ"'~ ( 31. INCOME CATEGORY CODES 32. LOW INCOME 33. ADJUSTED FAMILY INCOME LIMIT-MAX. I 1 . VERY LOW 3. MODERATE I I I 12-LOW 4-ABOVEMODEFlATE , I I I 10,0 1 I I ,a 0,0 34. R.E. INSURANCE '35. R.E. TAXES 36. R.E. TAXES 37. NOTE INSTALLMENT INELIGIBLE 1st Year 2nd Year I I I 10101 I I 10101 I I I 10101 I I I 10101 38; TYPE OF UNIT I . FAFlM TFlACT 2 - NON-FARM TFlACT [....~...ii.:........_~.... '..'il 'ft. "'~j'''''''RAMN. CIFttAlN'" F',"'~:ili""'~I.~um:,~..R\I\I AD., ~ 39. PROFIT TYPE 2. LIMITED PROFIT 1 - FULL PROFIT 3. NONPROFIT , -J;ttJ;j'~~~dWf;'''''''I''''''' .;' .M"'~.~'.'- N'.':'.u?,'~"M".."""".""" ,"'".....;,")";''''''''.~il'''i,~'''' ,'', '" - , , . ~~_';~~.'^"MJ"'I.ca :rORE':lv~;o Ii.'-;'i~-;;;~~'~ =~'~"':":'~:~;'f.UM"&Zn::1' ,. "-i..:.!J~~,...::..",~ , ,:J, I 40. DISASTER DESIGNATION NUMBER 41. TYPE OF SALE 2. ASSUMPTION ONLY 4. ASSUMPTION WITH I (5 FMI) , CREDIT SALE ONLY 3 CREDIT SALE WITH SUBSEQUEI>lT LOAN SUBSEQUENT lOAN , I .~ I ')j)'f:i';INANCEOFFICa*U1i&bNL,(~'~' I ,"';~1,i"~~0"'PL!TE f=dffr:IU..'OA~~: .Ui\~~ ! 42. OBLIGATION DATE 43. BEGINNING FARMER/RANCHER MO DA YR I I ~ I I I. I I I I (See FMI) _ .___ CERTIFICA TION APPROVAL For All Fanners Programs EM, OL, Fa, and SW Loans This loan is approved subject to the availability of funds. If this loan does not close for any reason within 90 days from the date of approval on this document, the approval official will request updated eligibility information. The undersigned loan applicant agrees that the approval offici;]1 will have 14 working days to review any updated information prior to submitting this document for obligation offunds.lfther{' I'ave been significant changes that would affect eligibility a decision as to eligibility and feasibility will be made within 30 days from the time the applicant provides the necessary information. If this is a loan appro val for w. hich a lien and/or title search is necessary. the undersigned applicant agrees that the IS-working- I day loan closing requirement may be exceeded for the purposes of the applicants legal representative completing title work and completing loan closing. 44. COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIAL APPROVAL IS sua,~J. TO .LCJc, REQUIREMENTS OF .ute Lr..J.U:.l\ OF CONDITIONS DATED 1/18/93 AND REVISED ON 1/17/95;: llb& Il0.LlW\..uONS: t\J!.U'f Jb1HA 1942-13; PRv..~m:; CHECKLIST: LOt\N CLOSDC Ik':i.1ltUVLJ.ONS lS.'->uw BY 'IIi! UJ'.r~CE OF camRAL Wu.lSEL: AND,.wr. AVAILABILITY OF LOAN AND GRAlf.r !1.JNOO. . 45. I HEREBY CERTIFY that I am unable to obtain sufficient creoit elsewhere to fmance my actual needs at reasonable rates a terms, . taking into consideration pre\'ailing rJiv,uc ancioopera!ivc t3te~ and terms in nf neilt my CCIlL'TIUlliiy ['.of lo:ms for similar purposes and periods of time. I agree to use, subject to and in accordance with regulations applicable to the type of assistance j indicated above, and request payment of the sum o;pecified herein. I agree to report' , FmHA any material adverse changes, financial or othcrwis(~ Ih:ll ()C.;cur pri'Jr to l(l:t~! ' - , certify that no par of said S'lh\ has been received. I have reviewed the loan approval requirements and comment~ ill this loan request and agree to comply with these provisions. l'tda'''.i4:l>I:''~;~w,. ,....l~tlt. :,.;K"~:",,,'J;<v' 703 \ ed I 1ect the intereIt rate to be cbarpd on my FmHA 10H to (For IPH & PP 1oInI1&......... -- only) If thilloln il approv ai · loan loIiDa-lf I cbeck I4NO". the lDta'CIl rate cbaqecl ~"'1oWa' cldll............ .-. the tbM of loin approv or C NO {-' . . .,. on my loin wUi be the rate ~lflecIln Item 29 of this form. , ~ .. '. .' Code 1der.-we.o.- 1n8llYmatterwlthln............. '. . . . ..;"" . ~1001orTllle1"UnItId"'" pnw. , .-' ~. . WARNING: ,.--'-' " or...UnIIId......IEMWIngIy..........,.........oor;cU'lroroovers ~''''':''. or..,~or egency . . ~'/:;, -........ ... or ...... 8nY ......110IIII_ or........... J/tf........ or ...... ......... or ...... . ..;';: '. . :;;...,.....wrltlnlor~~....--.--'".,......~or~ '. :.,,:' _" " :~': ~. .......................S1......IMpIIIloIIId_.........yeMa,orMtIL .. ~!.~t,.,: :.~':: ":-,.; ',7:>" IJ -."'....." . . aft t':IftI'4t. .,.. .... D.w~~ ' "', ..' ~f'Il 'l'-"'" ' , ''''',' . . ~...lt:._~.;la1t...,t1 . .19.95 ,..It:. SCIIJt-rt ~ __ (Si,_IITu/AppIictMIJ . '" B.L.., .' . .' I ,,- ......~ .. ., 19.iS Dale' ~t~11I'WIY l' V~ V. lIDG, CJi'K (Si,rtIIIIIT~ t/ctMppliCtllllJ I i 46. - I _V CBR.... i that all of the committee and administrative detenninations and certific~ons req~ired by Fa",. .. ,.I. .Home . Administration regulations r"'~" ~ II" ,:,site to providinSassistance of ~ type indicated abo~e hilve been made and that eVl(lena: thereof is in the docket, and that all requirements of t' ..." a...ent regulauons have ~ .~. ....rli~ wi':": I hereby.: 'r 1" . Ie the above described assistanee in the amount set forth above, and by this document, subjeet to the ~v81~~billty of ~unds, the Government ae.- .."'" to advance such imount to the applicant for the purposes of and subject to the availability I'''''~ ....."bed by r,:..", ..... Home Administration regulations applicable to this type of assistance. ! (Si,lftItIIT~ of ~ OJIicWJ .- Date Ar ',.,,' led: Title: 47. TO THE APPUCANT: As of this date .. this is notice that your application for the above fmanciallSSis ',i; ",' from the Farmers Home Administration has been approved. as indicated above, subject to the availability of ru~ and ada conditions required by the Farmers Home Administration. If you have any questions contact the County Supervasor. FORM APPROVED UNITED STATES DEPARTMENT OF AGRICULTURE OMD No. OS7S~0l8 Fonn FmHA 400-1 (Rev. 7.19-83) FARMERS HOME ADMINISTRATION EQUAL OPPORTUNITY AGREEMENT I Thi s agreement, dated .JANUARY...1Z.,...19.95..........................._.............._.._.........._......................................................... bet ween .~';r..J!.~_W.A!'~._~...S.~...p.lS.mI~.............................................................=.-.........--..........-....................................... (herein called "Recipient" whether one or more) and the Farmers Home Administration, United States Department of Agriculture, pursuant to the rules and regulations of the Secretary of Labor (herein called the '~cretary') issued under the authority of Executive Order 11246, as amended, witnesseth: In consideration of financial assistance (whether by a loan, grant, loan guaranty, or other form of financial assistance) made or to be made by the Farmers Home Administration to Recipient, Recipient hereby agrees, if the cash cost of construction work perfonued by Recipient or a construction contract financed with such financial assistance exceeds S10,OOO--unless exempted by rules, regulations or orders of the Secretary of Labor issued persuant to Section 204 of Executive Order 11246 of September 24, 1965. 1. To incorporate or cause to be incorporated into any contract for construction work, or modification thereof, subject to the ~levant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid for in whole or in part with the aid of such financial assistance, the following "Equal Opportunity Clause": During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor wUI take affirmative action to ensure that applicants are employed, and that employees are treated during employment, witbout regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Farmers Home Administration setting forth the provisions of this nondiscrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by 0; on behalf of the contractor, state that all qualified applicants will receive consideration for employment without r~gard to race, color, religion, sex or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Farmers Home Administration, advising the said labor union or workers' representative of the contractor's commitments unde~ this agreement as required pursuant to section 202(3)- of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of all rules, regulations and relevant orders of the Secretary of Labor and of any prior authority which remain in effect. I (e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, rules, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the Farmers Home Administration, Office of Equal Opportunity, U. S. Department of Agriculture, and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (0 In the event of the contractor's noncompliance with the Equal Opportunity (Federally Assisted Construction) clause or with any of the said rules, regUlations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government Contracts or Federal'ly Assisted construction contracts in a~~~.'ance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedif'o:> invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order of the Sf'i retary of Labor, or as provided by Law. (g) The contractor will lacl.de the provisions of tbis Equal Opportunity (Federally Assisted Construction) clause in every subcontract or purchase order, unless exempted by tbe niles, regulations, or orders of the Secretary of Labor issaed PUfSG8IIt to Section 204 of Executive Order No. 11246 of September 24, 1965, 80 tbat sucb provisions will be binding upon each such subcontractor or vendor. Tbe contractor will take such action with respect to any subcontract or purchase order as tbe Farmers Home Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided. bowever, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Farmers Home Administration, the contractor may request the United States to enter into such litigation to protect the interest of the United States. 704 2. To be bound by the provisions of the Equal Opportunity Clause in construction work performed by Recipient and paid for in whole or in part with the aid of such financial assistance. 3. To notify all prospective contractors to file the required 'Compliance Statement', Form FHA 400-6, with their bids. 4. Form AD-42S, Instructions to Contractors, will accompany the notice of award of the contract. Bid conditions for all nonexempt Federal and Federally assisted construction contracts require inclusion of the appropriate "Hometown" or "Imposed" plan affirmative action and equal employment opportunity requirements. All bidders must comply with the bid conditions contained in the invitation to be considered responsible bidders and hence eligible for the award. S. To assist and cooperate actively with the Farmers Home Administration and the Secretary in obtaining the compliance of contractors and subcontractors with the provisions of the Equal Opportunity Clause and the said rules, regulations, and orders, to obtain and furnish to the Farmers Home Administration and the Secretary, Form AD-S60, Certification of - Nonsegregatp.d Facilities, to submit the Monthly Employment Utilization Report, Form CC-257, as required and such other I information as they may require the ~pervision of such compliance, and to otherwise assist the Farmers Home Administra- tion in the discharge of its primary responsibility for securing compliance. 6. To refrain from enteriQg into any contract, or extension or other modification of a contract, subject to such Executive Order with a contractor debarred from Government contracts or federally assisted construction contracts pursuant to Part II, Subpart D, of such Executive Order or to prior authority; and to carry out such sanctions and penalties for violation of the provisions of the. Equal Opportunity Clause as may be imposed upon contractors and subcontractors by the Farmers Home Administration or the Secretary pursuant to such Subpart D. 7. That if Recipient fails or refuses to comply with these undertakings, the Farmers Home Administration may take any or all of the follOwing actions: (a) cancel, terminate, or suspend said financial assistance in whole or in part; (b) refrain from. extending any. f~rther assistance under the program invol~ed until satisfactory assurance of future compliance has been received from ReCipient; and (c) refer the case to the Office of Equal Opportunity, U. S. Department of Agriculture for appropriate action. Witness the due execution hereof by Recipient on this, the date first above written. Recipient Recipient EAST l.1'.J.'ut<AL WATER & SEWER DISTRICT (CORPORATE SEAL) Name of Corporate Recipient Attest: By VANESSA W. YOilll; H.L. SUHK~, JH. President Secretary .lJ.~ n,pt"\oo 1QQf.NU~/"""tt. I ( I P('Isition J USDA.FmHA Form FmHA 4004 I (Rev. 8.29.79) ASSURANCE AGREEMENT (Under Title VI, Ch'jJ Rights Act of 1964) The EAST CENTRAL WATER & SEWER DISTRICT _....... ......_.......... ..................... ..._.............. .. _. 110.... ....... ........ ....... ..... ......... ...... _._.....__..................................... ................. ...... , (name o/' reCipient) PO BOX 759 LIILI~TON NC 27546 --- ................................-..............----........,...........-...........-.............-....-..-.............................................--....................-...................., (addreu) ("Rtcipient" herein) hereby assures the U. S. Department of Agriculture that Recipient is in compliance with and will continue to comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d et. seq.), 7 CFR Part I S, and Farmers Home Administration regulations plomulgated thereunder, 7 C.F.R. 11901.202. In accordance with that Act and the regulations referred to above, Recipien t agrees that in connection with any program or activity for which Recipient receives Federal financial assistance (as such term is defined in 7 C.F .R. 114.2) no person in the United Statesshall, on the ground of race, color, or national origin. be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination. I. Recipient agrees that any transfer of any aided facility, other than personal property, by sale, lease or other conveyance or-contract. shall be, and shall be made expressly, subject to the obligations of this agreement and transferee's assumption thereof. 2. Recipient shall: <a) Keep such records and submit to the Government such timely, complete, and accurate Information as the Government may determine to be necessary to ascertain our/my compliance with this agreement and the regulations. (b) Permit access by authorized employees of the Farmers Home Administration ,or the U.S. Department of Agriculture during normal business hours to such books, records, accounts and other sources of information and its faciUtles as may be pertinent to ascertaining such compliance. (c) Make available to users, participants, beneficiaries and other Interested persons such information regarding the provisions of this agreement and the regulations, and in such manner as the Farmers Home Administration or the U.S. Department of Agriculture finds necessary to inform such persons of the protection assured them against discrimination. 3. The obligations of this agreement shall continue: (a) As to any real property, including any structure, acquired or improved with the aid of the Fede.'aJ financial I assittance, so long as such real property is used for the purpose for which the Federal financial assistance Is made or for another purpose which affords similar services or benefits, or for as long as the Recipient retains ownership or possession of the property, whichever is longer. (b) As to any personal property acquired or Improved with the aid of the Federal financial assistance, so long as Recipient retains ownership or possession of the property. ' (c) As to any other aided facility or activity, until the last advance of funds under the loan or grant has been made. 4. Upon any breach or violation of this agreement the Government may. at Its option: (a) Terminate or refuse to render or continue financial a$Sistance for the aid of the property, facility, project, service or activity. (b) Enforce this agreement by suit for specific performance or by any other available remedy under the laws of the United States or the State in which the breach or violation occurs. "..' -:;:::,:,~-:; ..,' , ,,, ,.,~~ ,,',:i.>-~. .-." ------ 705 ItIlIhtllnd r.medtll provided for under this ...."""t .hall be c:umulative. I I he e f f:ASI ~ JiAm..&...SERm.. DISmICt --.. .. ..___.._...__.... on this n w IMII w r 0 . . - .. (PIlI"'/! of r:eclpwntJ .. _ date has c:...d this agreement 10 be executed by its duly aQthorizcd offic:ers and its seal affixed hereto, or, If a natural person, has t\ereunto executed this agreement. EAST C~..W~~~~ P.!~I~...._,...... -.-.... .....-....-...... ~ ClPIl? n t I (5 E A L) .J.M!Q~X..1Z.\..19.~.?....... "--'-.'-.'-"Diie-. Attest: .vANESsA".w:...yQUNG................rme. ..~~_.................__....._......._.................-_......"1"[ife... .>>.x.~.........................._................_........-...............--R.... .,...,.... ... H.L. SORREll.., JR. eClplent USDA-FmHA Position J FORM APPROVED Form FmHA 1910-11 e APPLICANT CERTIFICATION e OMS NO. 0575-0127 (Rev. 9-89) FEDERAL COLLECTION POUCIES FOR CONSUMER.OR COMMERCIAL DEBTS The F .!... J Government is authorized by law to take any or all of the fonowing actions in the event your loan payments t ...." ,e delinquent or you default on your loan: Report your name and ac:count information to a c:redit r... ..Jna qenq. Aueu interest and penalty charles for the period of time that payment is not made. . Aueu charges to cover additional administrative costs incurred by the 80vernment to service your account. Offset amounts to be paid to you under other Federal r"'..I...,ms. Refer your account to a private collection lIeney to coUect the amount due. Foreclosure on any scc:urity you have liven for the loan. . ...... Pursue Iepl action to collect throuab the courts. I Report any written off debt to the Internal Revenue Service u taxable income. If you are a current or retired federal employee, take action to offset your salary, or civil scrvic:e retirement benefits. Debar or IUIpCIld you from doina business with the Federal Government either ~pant or princ:ipal thtoqbout the ...,., ~ ..-....~~ executive branch of the Federal 0,. '."..", ,.ent for the period of debarment or IUS. . Any or aU of these actions may be used to recover any debts owed when it is determined to be in the interest of the Government to do 10. ..- . CBRI"'ICATlON: llwe have read and IIwe un!., ,,:.and tbe actions the [;.':..,J Oovernment may take in the event that IIwe fail to meet my/our achedu1ed paJlllCllll in &....~.Janc:e with the terms and conditions of my/our qreement. II" undentand that the above 1st is not ail inclusive and that the Federal OoYCllUDCllt may deem additlonal actiona nec:euary to co1lec:t should llwe'become delinquent. (SiplltUre-lndlYldutzl(.)) (Date) (Sipature- lndlvidlllll(s)) (Date) ------------------------------------------------------------------- EA..'IT CENTRAl. WA'T'F.R I\, ~m.7F.R nTS'mtCT (SEAL) (Name of AppIkant) RV! (Sipature of Authorized Entity Official) CHAIRMAN I A. .r.ST: (Title of Authorized Entity Official) P.O. BOX 1119 (SiaDature of Attestina OfrtdaJ) (Address) ~ T.TIJ.TNm'ON, ~ ?~ (111le of Attestina OfrtdaJ) (City, State, and Zip Code) Public reporting burden 'or thle collection of Informallon 'e ..lImated to.-. 5 ml""1M pet. '.'1""'-. Includlllg lhe 111M lor . .' .,. '",tructlons. _l'dIlng exlatlng det._eeI, 1r,,:,~I~f~~I~I~~~~.,~ft~!:.'P.. ~~~~~~~~.c;.~~~~!l~~~;r.~;;'l; ~~~~ ';"",__. ,~~_!h~~~~tl~I.O!.~y~t.!'._!..~CI o!th~.~ollllC; 706 Attachment 4. RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO WATER PURCHASE CONTRACT WITH THE COUNTY OF HARNETT WHEREAS, the Harnett County Board of Commissioners, sitting as the I governing body of the East Central Water and Sewer District of Harnett County (hereinafter NDistrictN), has examined the Amendment To Water Purchase Contract between the District and the County of Harnett, a copy of which is attached hereto as Exhibit A; and WHEREAS, the Board desires for the District to enter into said contract as provided; NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners, sitting as the governing body of the East Central Water and Sewer District of Harnett County, that: 1. The District is hereby authorized to and shall enter into the Amendment To Water Purchase Contract attached hereto as NExhibit AN. 2. The appropriate officers of said District are hereby directed to execute the original of said Amendment To Water Purchase Contract. Duly adopted this 17th day of January, 1995, upon motion made by Commissioner Hill , seconded by Commissioner Bowden I and passed by the following vote: Ayes 4 Noes 0 Absent 1 EAST CENTRAL WATER AND SEWER DISTRICT OF HARNE~ BY: p~/ /H.L. sorrell~., Chairman of the Harnett nty Board of ATTEST: Commissioners sitting as the -L--- UJ. 't;r'-vv/ . governing body of the East Central Water and Sewer of Harnett County Vanessa W. Young, CIe to~he Board and to the District I 707 Attachment 5. RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO YATER. PURCHASE CONTRACT YITH EAST CENTRAL VATER AND SEllER DISTRICT OF HARNETT COUNTY \lHEREAS , the Harnett County Board of Commissioners has examined the I Amendment To Yater Purchase Contract between the County of Harnett (hereinafter "County") and the East Central Yater and Sewer District of Harnett County, a copy of which is attached hereto as Exhibit A; and WHEREAS, the Board desires for the County to enter into said amendment as provided; NOll, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that: 1. Harnett County is hereby authorized to and shall enter into the Amendment To Yater Purchase Contract attached hereto as "Exhibit A". 2. The appropriate officers of said Harnett County are hereby directed to execute the original of said Amendment To Yater Purchase Contract. Duly adopted this 17th day of January, 1995, upon motion made by Commissioner Hill . seconded by Commissioner Bowden and passed by the following vote: Ayes 4 Noes 0 Absent 1 HARNETT CO~~ OF ~lSSlONERS I BY: ~, /".4'~ / H.L. ~rrel1lf;r' .-Chairman ATTEST: ( I ") ~- '-/.Ai. 't, J~ Vanessa V. Young, Cler to e Board EX:-:IBIT A NORTH CAROLINA, HARNETT COUNTY. AMENDMENT TO VATER PURCHASE CONTRACT THIS AMENDMENT TO THE VATER PURCHASE CONTRACT is entered into this the day of January, 1995, between the County of Harnett, a body politic organized and existing under the laws of the State of North Carolina and the East Central Water and Sewer District of Harnett County, a county water and sewer district organized and existing pursuant to the North Carolina General Statutes. U T N E S S u....H: I THAT, pursuant to paragraph C.~ f the Yater Purchase Contract dated 15 March 1993, the parties mutually agree hat paragraph A.I. of the Yater Purchase Contract is amended to increase the ma). iJIWD quantity of water available for purchase per day to six hundred thousand (600,000) gallons per day and that paragraph A.l. of the Vater Purchase Contract is amended to read as follows: A. THE SE" n AGREES: 1. (Quality and Quantity) To furnish the Purchaser at the point of delivery hereinafter specified, during the term of this 708 contract or any renewal or extension thereof, potable treated water meeting applicable purl ty .tandards of tha Division of Heal th Service., Department of Human aesource. of the State of North Carolina, in such quantity as may be required by the Purchaser not to exceed .ix hundred thousand (600,000) gallons per day. IN ALL OTHER. RESPECTS, the Vater Purchase Contract dated 15 Karch 1993 I between the County of Harnett and the East Central Vater and Sewer District of Harnett County shall remain the same and in full force and effect. IN VITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this Amendment To Vater Purchase Contract to be duly executed in duplicate co~terparts, each of which shall constitute an original. COUNTY OF HARNETT ATTEST: BY: H.L. Sorrell, Jr., Chairman Vanessa V. Young, Clerk Harnett County Board of to the Board Co_bsioners EAST Cuu1\AL VATER. AND SEVER. DISTRICT OF HA1UIU~....... COUNTY BY: H. L. Sorrell, Jr., Chairman ( SEAL) of the Harnett County Board I of COlDllissioners sitting as the governing body of the ATTEST: East Central Vater and Sewer District of Harnett County Vanessa V. Young, Clerk to the Board and of the District Attachment 6. NORTH CAROLINA, RESOLUTION HARNETT COUNTY. WHEREAS, the North Carolina Clean Water Revolving Loan and Grant Act of 1987 and the Education, Clean Water, and Parks Bond Act of 1993 have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of wastewater treatment works, wastewater collection systems, water supply syst~ms, and water conservation projects; and WHEREAS, the COUNTY OF HARNETT, NORTH CAROLINA has need for and intends to construct a water distribution line project described as a regional 20" water line along Highway 27 to the southern portion of the County to serve the Southwest and South Central Water & Sewer Districts water customers; and WHEREAS, the COUNTY OF HARNETT, NORTH CAROLINA intends to request State I loan assistance for the project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA: That COUNTY Of HARNETT, NORTH CAROLINA will arrange financing for all remaining costs of the project, if approved for a State loan award. That COUNTY OF HARNETT, NORTH CAROLINA will adopt and phce into effect on or before completion of the project a schedule of fees and charges which will provide adequate funds for proper operation, maintenance administration of the system. and th~ repayment of principal and interest on the debt. 709 That the governing body of COUNTY OF HARNETT, NORTH CAROLINA agrees to include in the loan agreement a pro\Tision authorizing the State treasurer, upon failure of COUNTY OF HARNETT, NORTH CAROLINA, to make scheduled repayment of the loan, to withhold 1....... COUNTY OF HARNETT, NORTH CAROLINA any State funds that would otherwtse be distributed to the local government unit in an amount sufficient to pay all I sums then due and payable to the State aB a repayment of the loan. That COUNTY OF HARNETT, NORTH CAROLINA will provide for efficient operation and maintenance of the project on completion of construction thereof. That H. L. Sorrell, Jr., Chairman, and successors so titled, is hereby authorized to execute and fUe an application on behalf of COUNTY OF HARNETT, NORTH CAROLINA with the State of North Carolina for a loan to aid in the construction of the project described above. That H. L. Sorrell, Jr., Chairman, and successors so titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project; to make the assurances as contained above; and to execute such other documents as may be required in connection with the application. That COUNTY OF HARNETT, NORTH CAROLINA has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto. The foregoing Resolution was passed upon motion by Commissioner Bowden and seconded by Hill . Duly adopted this the 17th day of January , 1995 at a regular meeting of the Board of Commissioners of the COUNTY OF HARNETT in Lilllngton, North Carolina. HARNETT COUNTY BO RD OF COMMISSIONERS // bf;; I H. L. Sorrell, JJ ,C hairman ATTEST: I b. ~~~:rkO CERTIFICATE OF RECORDING OFFICER The undersigned duly qualified and acting Clerk of the Board of Commissioners of the County of Harnett doeB hereby,...... Ufy: That the above/attached resolution is a true and ~h. ~..: .........'J of the resolution authorizing the ffJing of an application with the State of North CarolfDa, as regularly adopted at a legally convened meeting of the Board of ComadssioDers of the County of Harnett duly held on the 17th day of January , 1995; and, further, that such resolution has been fully recorded in the journal of proceedings and. ~w...:s in my office. IN '..uNESS WHEREOF, I have hereunto Bet my hand this 17th day of Januarv , 1995. ~ 'iJ. --(,/ ~ Vanessa W. Young, Cler1rt1to th Board of CommisBioners of the County of Harnett I , 710 Attachment 7. NORTH CAROLINA, HARNETT COUNTY. RESOLUTION I WHEREAS, Harnett County and Campbell University have long had a partnership in providing law enforcement for the Buies Creek Community; and WHEREAS, the fact that Campbell University has maintained a police force has been a tremendous asset to Harnett County; and WHEREAS, the University's right to maintain a police force for its community has been denied due to a recent ruling by the North Carolina Supreme Court. NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners does hereby request that the Attorney General's Office of the State of North Carolina proceed with this matter to the United States Supreme Court in an attempt to overturn the ruling recently handed down by the North Carolina Supreme Court. Duly adopted this 17th day of January, 1995. HARNETT COUNTY BOARD OF COMMISSIONERS /?'~~~L H. L. sorr~ Jr., Chairman ATTEST: ~ YV. ~~/ I Vanessa W. Y ungt!Clerk Attac;lment 8. INTRA-DEPARTMENTAL BUDGET AMENDMENTS FOR THE MONTH ENDING December 31, 1994 DEPARTMENT INCREASE DATE ACCOUNT CODE DESCRIPTION (DECREASE> 07-20-94 Sheriff Department 10-5120-0330 Materials & Supplies 224. 10-5120-0740 Capital Outlay (224) 08-05-94 Library 10-8100-0740 Capital Outlay :?64. 10-8100-0500 Audio Visual Material (264) 08-10-94 Social Services 10-7700-0310 Gas, Oil, & Automotive 2,500. 10-7700-0131 Gas, Oil, Etc. <2,500> 08-10-94 Industrial Development 10-7250-0310 Gas. Oil, & Auto Supplies 1,500. 10-7250-0141 Car Allowance <1,500> 10-7250-0140 Travel (1,500> I 10-3990-0000 Fund Balance <1,500> 08-11-94 Sheriff 10-3830-0333 Donations-Crime Prevo 1,000. 10-5100-0560 Crime Prevention 1,000. 08-18-94 Governmental Complex 74-9021.-0200 Legal & Administration 50,000. 74-9021-0300 Technical Fees 150,000. 74-9021-0800 Contingency (200,000> 08-23-94 Veteran1s 10-7200-0140 Travel & Meetings 200. 10-7200-0071 Supplemental Retirement (200) ~~ ~_._---._.- ......;~----~~ ---~-<-~~ - 711 09-16-94 COMMunicat.ion. 700. 10-5110-0140 Travel & Meetings 10-5110-0360 Uniforaa (700) 09-09-94 AdMiniat.rat.ion 10-4200-0450 Contract.ed Services 2,000. 10-4200-0030 Salariea-Part-tiae (2,000) I 09-20-94 Board of Elect.iona 10-4300-0740 Capital Out.lay 2,500. 10-4300-0120 Print.ing & Binding (1,000) 10-4300-0260 Advert.iseaent. (500) 10-4300-0450 Contract.ed Services (1,000) 09-29-94 Planning/lnspect.iona 10-7200-0740 Capit.al Out.lay 908. 10-7200-0450 Cont.ract.ed Services (908) 09-28-94 Sheri:f:f 10-5100-0330 Materials & Supplies 228. 10-5100-0740 Capital Outlay (228) 09-30-94 Tax 10-4500-0740 Capital Outlay 1,200. 10-4500-0030 Part-tiM. Salaries <1,200) 10-18-94 Cooperative Extension 10-7300-0330 Materials & Supplies 144. 10-7300-0740 Capit.al Outlay (144) 10-20-94 Personnel 10-4250-0330 Materials & Supplies 136. 10-4250-0740 Capital Outlay (136) 10-21-94 Adainistration 10-4200-0530 Due & Subscriptions 300. 10-4200-0140 Travel & Meetings (300) 10-21-94 Governing Body 10-4100-0530 Dues & Subscriptiona 1,000. 10-4100-1350 Other Appropriation <1,000> 10-26-94 Finance I 10-4400-0160 Maint. & Repair-Equip. 750. 10-4400-0740 Capital Outlay (750) 10-28-94 Veteran's 10-7800-0140 Travel & Meetings 200. 10-7800-0330 Materials & Supplies (200) 11-02-94 Library 10-8100-0740 Capital Outlay 550. 10-8100-0330 Materials & Suppliea (550) 11-03-94 This End Up Furniture 63-9020-0020 T.A. Loving 131,578. 63-9020-0200 Legal & Adain. (30,000) 63-9020-0300 Engineering (30,000) 63-9020-0800 Contingency (71,578) 11-09-94 EMS 10-5400-0740 Capital Outlay 3,940. 10-5400-0730 Cap. Outlay Other IMprove. (3,940> 11-09-94 Airport. 10-6500-0740 Capit.al Out.lay 14,200. 10-6500-0730 Capit.al Out.lay-Other lap. (14,200) 11-14-94 Register of Deeds 10-4800-0030 Salaries & Wages Part-tiae 3,550. 10-4800-0020 Salaries & Wages (3,550) 11-17-94 Cooperative Extension 10-7302-0570 Miscellaneous Expense 200. 10-7302-0330 Mat.erials & Suppliea (200) 12-05-94 HUMan Resources 10-7400-0080 WorkMen's Compensation 3,845. I 10-7400-0330 Materiala & Suppliea (3,845> 12-13-94 General Servicea 10-5550-0330 Materials & Supplies 65. 10-5550-0740 Capital Outlay (65) 12-14-94 Cooperative Extension 10-7306-0061 Insurance-Children 550. 10-7306-0330 Materials & Supplies (550) 12-15-94 Tax 10-4500-0310 Gas,Oil & Auto Supplies 2,000. 10-4500-0140 Travel & Meet.ings (2,000> NOTE: THIS IS THE LAST PAGE IN BOOK 20.