11061995
--- - --------->-----------..._-----~-..-,-~~-- - - ._,----,---, -.'-"-- ----..----~~-~-------_. - -- ----~_.._---.
218
HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995
The Harnett County Board of Commissioners met in regular session
on Monday, November 6, 1995, in the Commissioners Meeting Room,
County Office Building, Lillington, North Carolina.
Members present: H. L. Sorrell, Jr. , Chairman
Beatrice Bailey Hill, Vice-Chairman
Dan B. Andrews
Joseph T. Bowden
Walt Titchener
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, Clerk to the Board
Chairman Sorrell called the meeting to order at 9 a.m. and
Commissioner Andrews led the pledge of allegiance and prayer.
Commissioner Bowden made a motion to add the following items to
the consent agenda: budget amendment for Clerk of Court, lease
agreement with Martha L. Winston, and recognition of the Knights
of Columbus. Commissioner Andrews seconded the motion and it
passed with a unanimous vote.
Commissioner Hill moved for approval of the agenda as published
with additions as noted above. Commissioner Titchener seconded
the motion and it passed with a unanimous vote.
CONSENT AGENDA 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, October 16, 1995
2. Budget Amendments:
Clerk of Court
Code 10-4900-0030 Part-time Salaries $ 960. increase .
10-4900-0050 FICA 74. increase
10-3990-0000 Fund Balance-appro. l,034. increase
Personnel
Code 10-4250-0040 Professional Services 20,000. increase
10-3990-0000 Fund Balance-appro. 20,000. increase
Public Utilities
Code 32-9001-0740 Northeast Capital Outlay 214. decrease
33-9002-0740 BC/Coats Capital Outlay 144. decrease
34-9003-0740 South Central Cap. Outlay 357. decrease
35-9004-0740 West Central Cap. Outlay 168. decrease
36-9005-0740 Northwest Cap. Outlay 136. decrease
37-9006-0740 Southwest Cap. Outlay 3,834. decrease
38-9007-0740 Bunn./Riverside Cap. Out. 34. decrease
39-9008-0740 Southeast Capital Outlay 112. decrease
40-9009-0740 East Central Cap. Outlay 78. decrease
76-9026-0320 Wiring 5,077 . increase
Revenues (General Fund)
Code 10-3830-0339 Donation-Lee Harnett
Mental Health 3,698. increase
10-3990-0000 Fund Balance-Appro. 3,698. decrease
Revenues (Special Revenue Fund)
Code 82-8201-1010 Angier-DMV Distribution 580,000. decrease
82-8201-1020 Angier-Delinq. DMC l8,000. decrease
82-8202-1010 Coats-DMV Dist. 280,000. decrease
82-8202-1020 Coats-Delinq. DMV 8,700. decrease .
82-8203-1010 Dunn-DMV Dist. 190,000. decrease
82-8203-1020 Dunn-Delinq. DMV 21,000. decrease
82-8204-1010 Erwin-DMV Dist. 80,000. decrease
82-8204-1020 Erwin-Delinq. DMV 7,900. decrease
82-8205-1010 Lillington-DMV Dist. 40,000. decrease
82-8205-1020 Lillington-Delinq. DMV 4,100. decrease
Revenue: 82-3020-0010 Angier-DMV Dist. 580,000. decrease
82-3020-0020 Coats-DMV Dist. 280,000. decrease
82-3020-0030 Dunn-DMV Dist. 190,000. decrease
82-3020-0040 Erwin-DMV Dist. 80,000. decrease
82-3020-0050 Lillington-DMV Dist. 40,000. decrease
82-3030-0010 Angier-Delinq. DMV 18,000. decrease
82-3030-0020 Coats-Delinq. DMV 8,700. decrease
82-3030-0030 Dunn-Delinq. DMV 2l,000. decrease
82-3030-0040 Erwin-Delinq. DMV 7,900. decrease
82-3030-0050 Lillington-Delinq. DMV 4,100. decrease
01 Q
f::..:.", "'!,.... .~.~_..;
Public Utilities (South Central W & S)
Code 34-9003-0740 Capital Outlay-Equipment 415. increase
34-9003-1200 Capital Reserve 415. decrease
Planninq & Inspections
Code 10-7200-0030 Salaries/Wages Part-time 6,lOO. increase
10-7200-0050 FICA 467. increase
10-3990-0000 Fund Balance-appro. 6,567. increase
Public Utilities (West Central W & S)
Code 35-9004-0740 Capital Outlay-Equip. 420. increase
35-9004-1200 Capital Reserve 420. decrease
. Revenues (General Fund)
Code 10-3480-0880 Child Care Trust Advo. 10,000. increase
10-3480-0480 Act I, Act Now 12,400. decrease
10-3990-0000 Fund Balance-appro. 2,400. increase
Revenues (General Fund)
Code 10-3480-0670 Assistance-TDP 26,694. increase
10-3990-0000 Fund Balance-appro. 26,694. decrease
Emerqencv Medical Services
Code 10-5400-0331 Materials & Supplies 864. increase
10-5400-0740 Capital Outlay 864. decrease
Public Utilities (Water Plant Expansion Proiect)
Code 76-9026-0320 Wiring 1,455. increase
76-9026-0800 Contingencies 1,455. decrease
DMV Distribution
Code 22-8201-1010 Angier-DMV Dist. 580,000. increase
22-8201-1020 Angier-Delinq. DMV 18,000. increase
22-8202-1010 Coats-DMV Dist. 280,000. increase
22-8202-1020 Coats Delinq. DMV 8,700. increase
22-8203-1010 Dunn-DMV Dist. 190,000. increase
22-8203-1020 Dunn-Delinq. DMV 21,000. increase
22-8204-1010 Erwin-OMV Dist. 80,000. increase
22-8204-1020 Erwin- Delinq. OMV 7,900. increase
22-8205-1010 Lillington-OMV Dist. 40,000. increase
22-8205-1020 Lillington-Delinq. DMV 4,100. increase
. Revenue: 22-3020-0010 Angier-DMV Dist. 580,000. increase
22-3020-0020 Coats-DMV Dist. 280,000. increase
22-3020-0030 Dunn-OMV Dist. 190,000. increase
22-3020-0040 Erwin-DMV Dist. 80,000. increase
22-3020-0050 Lillington-DMV Dist. 40,000. increase
22-3030-0010 Angier-De1inq. 18,000. increase
22-3030-0020 Coats-Delinq. DMV 8,700. increase
22-3030-0030 Dunn-Oe1inq. DMV 21,000. increase
22-3030-0040 Erwin-Oelinq. DMV 7,900. increase
22-3030-0050 Lillington-Delinq. DMV 4,100. increase
Public Utilities (Northwest W & Sl
Code 36-3990-0000 Fund Balance-appro. 1. increase
36-9005-1200 Capital Reserve 1. decrease
Public Utilities (Southeast W & S)
Code 39-3990-0000 Fund Balance-appro. 1,448. increase
39-9008-1200 Capital Reserve 1,448. decrease
Transportation
Code 10-3830-0300 Miscellaneous Revenue 1,925. increase
lO-5551-0310 Automotive Supplies 1,925. increase
Transportation
Code 10-3830-0300 Miscellaneous Revenue 123. increase
10-555l-0310 Automotive Supplies 123. increase
R.S.V.P.
Code lO-7721-0330 Materials & Supplies 6,000. increase
. 10-3990-0000 Fund Balance 6,000. increase
Reqister of Deeds
Code 10-4800-0210 Building & Equip. Rent 800. increase
10-3990-0000 Fund Balance 800. increase
Clerk of Court
Code 10-4900-0740 Capital Outlay 11,605. increase
10-4900-0160 Maintenance & Repair 1,822. increase
Revenue: 10-3990-0000 Fund Balance-appro. 13,427. increase
Public Utilities (Southwest W & S)
Code 68-9014-0200 Legal/Admin. 20,000. increase
68-9014-0300 Engineering 50,000. increase
Revenue: 68-3970-0000 Advance from Gen. Fund 70,000. increase
ManaQement Information Services
Code 10-4450-0740 Capital Outlay 1,500. decrease
10-4450-0330 Materials & Supplies 1,500. increase
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220 3. Amendment to Personnel Ordinance concerning compensation time
AMENDMENT TO PERSONNEL (Attachment 1)
ORDINANCE
NACo DEFERRED COMPEN- 4. Resolution to approve participation in the NACo Deferred
SATION compensation Program (Attachment 2)
5. Proclamation regarding Farm-City Week (Attachment 3)
EQUIPMENT FOR DSS 6. Resolution awarding contract to purchase equipment for DSS
(Attachment 4)
LEASE FOR REG. OF DEEDS 7. Lease agreement with Jerry Salmon and wife for office space
OFFICE SPACE for Register of Deeds (two year term at $1,100 per month)
ALLOCATION FOR CHILD 8. Allocation from the Child Care and Development Block Grant
funds ($14,907) designated for the Harnett County Child Care
CARE R & R PROGRAM Resource and Referral program .
RECONVEYANCE OF 9. Resolution granting reconveyance of property without
PROPERTY TO ROBERT consideration to Robert B. Stewart and wife Joyce W. stewart
STEWART pursuant to N.C.G.S. S l53A-I77 (Attachment 5)
AGREEMENT WITH 10. Agreement with Transylvania County for software use in the
TRANSYLVANIA COUNTY Tax Department
Commissioner Bowden moved for the following appointments:
APPOINTMENTS
- Zoning Ordinance Board of Adjustment: T. Lock Godwin, Dunn,
as an alternate member
- Mid-Carolina Private Industry Council: Douglas Wilson,
Bunnlevel, to fill the unexpired term of Debi Lee which will
expire 6-30-96
- Mid-Carolina EMS Council: Commissioner Dan Andrews
- Department of Social Services Board: Donnie Olds, Dunn, to
fill the unexpired term of Terry Abn~y which will expire
6-30-96
Commissioner Titchener seconded the motion and it passed with a
unanimous vote.
INFOR}~L COMMENTS Informal comments were provided by the following citizens:
1. Clark Langdon, Rt. 2, Angier, subject: zoning .
2. Albert Gregory, Rt. 2, Angier, subject: zoning
3. Doris Waddell, Rt. 11, Sanford, presented road petition
4. Lane Gregory, Rt. 2, Angier, subject: zoning
5. Bernard Young, Angier, subject: zoning
"HARTS" RECOGNITION Chairman Sorrell presented a plaque from the North Carolina
Public Transportation Association recognizing the Harnett County
Transportation System (HARTS) for vehicle and passenger safety
for 1994. The plaque was presented to Ralph Thurman,
Transportation Manager.
Chairman Sorrell stated that at this time, the Board will
SOUTH CENTRAL WATER consider certain matters sitting in its capacity as the governing
body of South Central Water & Sewer District, Phase I II . Jackie
& SEWER DISTRICT McLamb, FmHA, presented Loan Resolution, Letter of Conditions and
LETTER OF CONDITIONS related documents. Commissioner Bowden moved for adoption of the
AND RELATED DOCUMENTS Loan Resolution, Letter of Conditions and related documents.
Commissioner Hill seconded the motion and it passed with a
unanimous vote. (Attachment 6) Chairman Sorrell closed the
South Central portion of the meeting.
Chairman Sorrell stated that at this time, the Board will
SOUTHWEST WATER & consider certain matters sitting in its capacity as the governing
SEWER DISTRICT body of Southwest Water & Sewer District. Jackie McLamb, FmHA,
LETTER OF CONDITIONS presented a Loan Resolution, Letter of Conditions and related
AND RELATED DOCUMENTS documents. Commissioner Hill moved for adoption of the Loan
Resolution, Letter of Conditions and related documents.
Commissioner Andrews seconded the motion and it passed with a .
unanimous vote. (Attachment 7) Chairman Sorrell closed the
Southwest portion of the meeting.
TAX MATTER RE: Keith Faulkner, Business Property Auditor, Tax Department,
MORGANITE, INC. reviewed a tax matter regarding Morganite Inc. with the Board.
Steve Lochbaum, Controller, Morganite Inc., presented for the
Board's consideration, a request from Morganite, Inc. for a
hearing to appeal tax penalties. Commissioner Bowden moved to
deny the request. Commissioner Andrews seconded the motion and
it passed with a unanimous vote.
AUTHORIZATION FOR Sheriff Larry C. Knott requested authorization to hire an
ADDITIONAL DEPUTY additional deputy to serve the Campbell University area. The
university will fund the requested position. Commissioner Hill
CAMPBELL UNIVERSITY moved for approval of a Deputy I position, salary grade 63.
AREA Commissioner Andrews seconded the motion and it passed with a
unanimous vote.
--
221
MEMORANDUM OF Wm. A. (Tony) Wilder, Assistant County Manager, presented a
UNDERSTANDING WITH proposed Memorandum of Understanding with Western Medical Group
for use of the Anderson creek Resource Center. The facility will
WESTERN MEDICAL be used by the County for programs including Department of Social
GROUP Services, Health Department WIC program, Vocational
Rehabilitation, and Employment Security. Commissioner Bowden
. moved to proceed with the Memorandum of Understanding pending
County Attorney approval. Commissioner Titchener seconded the
motion and it passed with a unanimous vote. (Attachment 8)
AMENDMENTS TO George Jackson, Planning Director, presented for the Board's
ZONING ORDINANCE consideration, proposed amendments to the Zoning Ordinance. A
public hearing concerning the proposed amendments was held on
August 21, 1995. Input from the public at that hearing has been
. considered by the Board. Commissioner Bowden moved to adopt the
proposed amendments with the following exceptions:
1- Delete Item 2, page 7.
2. Delete the changes noted in items 5,6,7,8 relating to
the time permitted for requests related to non-
conforming uses.
3. Modify proposed change in item 13 regarding buffer
requirement to 15 feet.
4. In regards to lot sizes, delete the proposed changes
which would have excluded NC Department of
Transportation right-of-way from the measurement of the
lots. This change will delete the amendments noted in
items 28,34,40.
5. Modify the length of time in item 68 from 10 to 30 days.
Commissioner Andrews seconded the motion and it passed with a
unanimous vote.
ANIMAL CONTROL Neil Emory, County Manager, stated that for some time the future
administration of Animal Control has been discussed by the Board
and the matter has also been discussed with the Board of Health.
Commissioner Bowden moved that administration of Animal Control
be transferred to the Department of Human Resources with
. responsibility of statute relating to rabies control and
administration of rabies control remaining with the Health
Director. Commissioner Andrews seconded the motion and it passed
with a unanimous vote. The actual date of transfer will be
determined by staff following the necessary budget transfers and
amendments to the Animal Control Ordinance.
REPORTS The following reports were filed with the Board: Community
Alternatives Program/Disabled Adults, Fire Marshal's Office,
Health Department, Department of Social Services, Veteran's
Affairs, Emergency Medical Service, Economic Development
Commission, Tax Department, Budget Amendments that affect Fund
Balance (Attachment 9), Tax Attorney's Report (Attachment 10).
MID-MONTH MEETING .. .
IN DECEMBER CANCELE Comm1ss10ner Bo~den moved to cancel the mid-month meeting in
D December. Comm1ssioner Andrews seconded the motion and it passed
with a unanimous vote.
Chairman Sorrell recessed the meeting at lO a.m. and called it
back to order at 10:15 a.m.
CAROLINA CABLE Roy E. Hayes, President, Carolina Cable Partners, briefed the
PARTNERS Board that the cable company would be opening an office in
Johnston County. Mr. Hayes requested an exemption regarding
requirement in Carolina Cable Partners' franchise with Harnett
County to have an office located in Harnett County. After
discussion, Commissioner Andrews made a motion to deny the
request. Commissioner Bowden seconded the motion and it passed
with a unanimous vote.
. ADJOURNMENT There being no further business, Commissioner Hill moved for
adjournment. Commissioner Bowden seconded the motion and it
passed with a unanimous vote. The regular Harnett County Board
of Commissioners meeting November 6, 1995, duly adjourned at
10:30 a.m.
~~rman
~Mtd,4/Id
Ky. Blanchard, Clerk to the Board
~ c______~__ ------~--- .----~----..
22?
Attachment 1. I
ORDINANCE ~l.JJ.1-lG AN ORDINANCE El'I.l.l.lLED
~ u\SONNEL ORDINANCE FOR ~Ii.l .l COUNTY, NORTH CAROLINA
ADO.l' 1 r.U ,NOVEMBER 6, 1995 .
WHEREAS, the Harnett County Board of Commissioners adopted an ordinance on July
18,1988 entitled "Pers"d'. ,el Ordinance for Harnett County, North Carolina"; and
WHEREAS, this Board is of thew .J:'':''jon that the amendment set forth below is
necessary to the clear and efficient working of the ordinance.
NOW, TIIEREFORE, BE IT ORDAINED that Article ill, The Pay Plan, Section 9.
Overtime, (e) Compensatory Time. (1) Exempt employees, is hereby amended and
replaced with amended Article ill, Section 9, (e) (1) as provided below.
Section 9. Ove..~.e
(e) Compensatory Time
(1) Exempt employees. Exempt Deparbnent Heads (Dire"l:u..~, Elected Officials,
Administrators and Officers) are provided a salary for the mission requirements
of their respective organizations. This salary is full.. :...., ,uneration for their
services and Harnett County will not provide coml' :...,.,satory time to .:...'c.....pt
Department Heads. Administrative and Professiona.l.:...,,:-,,,pt employees
required to work overtime shall receive compensatory time off at the rate of one .
(1) hour for each hour of overtime worked. All hours of accroed compensatory
time in excess of forty (40 hours as of December 31st of each year shall be
converted to annual leave). Each two-hour period of compensatory time or
fraction th,..c.uf shall be converted into one-quarter (1/4) day of annual leave. In
the event an e. .Ie..... pt employee is l"-A_.inated, he shall be paid for accrued
compensatory time up to two hundred forty (240) hours at his regular hourly
rate.
The above ordinance amendment will be implemented effective October 1, 1995.
Duly adopted this 6th day of November , 1995.
Harnett County Board of Commissioners
Lg(iZ~
AI1J:!Sf:
~i. ,dj'a"eA /lJ1d .
Kay S Blanchard, Clerk to the Board
--------- -
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Attachment 2.
)"
THE NATIONAL ASSOCIATION OF COUNTIES (NACo)
DEFERRED COMPENSATION PROGRAM
SPECIMEN COPY OF ORDER/RESOLUTION
STATE OF NORTH CAROLINA
. COUNTY OF HARNETT
In the Harnett County Board of Commissioners meeting 6th day of
Smut of said County, on the
November .19 95 . the following among other proceedings. were had, viz:
'. . IN THE MATTER OF ESTABLISHING A DEFERRED COMPENSATION PLAN FOR THE COUNTY
OF: HARNETT
WHEREAS. the County has considered the establishment of a Deferred Compensation Plan to be made
available to all eligible County employees, elected officials. and independent contractors pursuant to Section
457 of the Internal Revenue Code permitting such Plans; and
WHEREAS, certain tax benefits could accrue to employees, elected officials. and independent contractors
participating in said Deferred Compensation Plans; and
WHEREAS. such benefits will act as incentives to County employees to voluntarily set aside and invest
portions of their current income to meet their future financial requirements and supplement their County
retirement and Social Security (if applicable); and
WHEREAS, the National Association of Counties has established a Master Deferred Compensation
Program for its member Counties. permitting its member Counties and their employees to enjoy the advantages
of this Program; and
. WHEREAS. by adoption of the NACo Program. all regulatory. operational. administrative and fiduciary
responsibilities are hereby assumed by NACo on behalf of County; and
WHEREAS. NACo, as Plan Administrator, agrees to hold harmless and indemnify the County, its
appointed and elected officers and participating employees from any loss resulting from NACo or its Agent's
failure to perform its duties and services pursuant to the NACo Program;
NOW, THEREFORE THE COUNTY GOVERNING BODY DOES HEREBY RESOLVE AS FOLWWS:
The County governing body. meeting in regular scheduled session. this 6th day of November .
19.95 , hereby adopts the National Association of Counties Deferred Compensation Program and hereby
establishes the County of Harnett Deferred Compensation Plan for the voluntary
participation of all eligible County employees. elected officials and independent contractors.
Cou~~nager "
The (Pl'esiclmg,f ;- etlfte,-MminiMrtltefo;.(,u,.:...,~,,-GleN;-etC.) (select one) IS hereby authonzed to ex-
ecute for the County, individual participation agreements with each said employee requesting same. and to
act as the, "Administrator" of the Plan representing the County, and to execute such agreements and con-
tracts as are necessary to implement the program. It is implicitly understood that. other than the incidental
expenses of collecting and disbursing of the employees' deferrals and other minor administrative matters,
there is to be no cost to the County for the program.
IT IS HEREBY FURTHER ORDERED,...~at a true copy of this @\:. "",.'~-~/Resolution be spread upon
the = "',record of this date. ,"\ "/r.y, ~~ .
oun y S ,.;_ '/:;-: /
ATTEST: .~ '':. (SIGN~1" RE)H. f Sorrell, Jr.
. KfJ..4( I. ae ~t&Vz.d. ~. ~-....: Chairman. Board of-Commissioners
"-
, (TITLE)
Kay ~. Blanchard, Clerk to. the Board -'"' '
*This Court Order/Resolution cbhtains \ 'the necessary technical language as to content and
substance. If any change in form is necessary in order to comply with applicable County requirements, please
make such changes.
DC-695-A (12-89) White-Service Center, Canary-Entity, Pink-PEBSCO Field Representative
.~--------~---~-------------~'"---~~----"-~-----~-~.~---.-..~ ~.--
224
~
Attachment 3.
HARNETT COUNTY BOARD OF COMMISSIONERS
FARM-CITY WEEK
1995
WHEREAS, the growth and development of the County and .
the well-being of all its citizens are dependent upon cooperation
and. exchange between the two essential environments of our
society: farmers and city people, and
VV H.EREAS, the complexities of their individual problems
and the divergence of their activities may lead to a widening gap
of misunderstanding, and
WHEREAS, any gap of misunderstanding must be
eliminated, and each group must understand the other if our
American way of life is to endure, and
WHEREAS, Farm-City Week provides an unparalleled
experience for farm and city people to become better acquainted,
I, l.l1.EREFORE, H. L. Sorrell, Jr., Chairman of the Harnett
County Board of Commissioners, do hereby proclaim the.period
of November 17 through November 23 to be Farm-City Week; and
I do further call upon all seminars, pageants, fairs, and civic and
social events associated with a successful Farm-City Week in
Harnett County.
Done at the County of Harnett, the 6th day of November .
1995.
Harnett County Board of Commissioners
d~L
, H: L. Sorrell,,trl.~ Chairman
ATTEST: p
~a~~. IfA'Mtf-AMd
Kay . Blanchard. Clerk to the Board
.
-- - ---- ~-----
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:;;c,,-'O, 2~_ ,_ ~~..J
Attachment 4.
~
~
STATE OF NORTH CAROLINA, RESOLUTION AWARDING
CONTRACT TO PURCHASE
. HARNETT COUNTY.
THAT WHEREAS, the County of Harnett desires to purchase personal computers and
. peripherals; and
WHEREAS, the County of Harnett has previously disseminated requests for bids and
advertised for same in connection with the purchase of personal computers and peripherals for
the Harnett County Department of Social Services as required by law; and
WHEREAS, pursuant to such requests the County of Harnett has now received sealed bids
from MicroAge, Office Logics, Inc. and Research Triangle Office Systems; and
WHEREAS, such bids have been reviewed by the "t'p...p.;ate representatives of the County
of Harnett; and
WHEREAS, it has been determined that Office Logics, Inc. submitted the lowest bid and it
has been determined that Office Logics, Inc. is a responsible entity and that the bid submitted by
it is responsive; and
WHEREAS, the Board of Commissioners of the County of Harnett desires to proceed with
the acceptance of the bid of Office Logics, Inc. and to award the subject to said entity and to
make provisions for execution of all documents necessary in order to effectuate such award:
. NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of
Harnett that the bid of Office Logics, Inc. in the amount of$34, I 74.00 for personal computers
and peripherals pursuant to all of those terms and conditions contained in the County's Request
for Bids, dated October 18, 1995, shall be and the same is hereby accepted, that the at't'&Upriate
representative of the County of Harnett shall p",;,t'are and issue required purchasing fOnDS in
order to effectuate such award.
This the 6th day of November, 1995.
HARNE~ZOMMISSIONERS
By:" r,~
/ ' . ~
.L. Sorrell, Jr., an
Al1.t.ST:
KCl<.t, j .61~J.tL'l.d
Idy'S. Blanchard, Clerk
SEAL OF THE COUNTY OF HARNETI
.
~---.---- _n__._n_'___
226
Attachment 5.
RESOLUTION GRANTING RECONVEYANCE OF PROPERTY WITHOUT CONSIDERATION
TO ROBERT B. STEWART AND WIFE JOYCE Y. STEWART
PURSUANT TO N.C.G.S. fi 153A-177
.
WHEREAS. Robert G. Stewart. Jr. and wife. Joyce W. Stewart conveyed real
property to the Buies Creek-Coats Water and Sewer District of Harnett County in
July of 1993, without consideration; and
WHEREAS, at the time the real property was conveyed to said District, it
was with the understanding that if the entire parcel was not necessary for the
placement and use of a pump station that any portion of the land not necessary
for said use would be reconveyed to the Stewarts without consideration by the.
District; and
WHEREAS, N.C.G.S. fi l53A-177 authorizes the reconveyance of real property
without consideration upon certain circumstances; and
WHEREAS. the instrument of conveyance specifies that the real property
conveyed is a pump station site; and
WHEREAS, this governing body determines that a certain portion of that real
property measuring approximately twenty (20) feet by forty-nine (49) feet is not
being used for the purpose of the location and use of the pump station, and
should be reconveyed to the Stewarts without consideration; and
WHEREAS, the circumstances set forth in N.C.G.S. fi l53A-177 are met in this
instance;
THEREFORE BE IT RESOLVED that the Harnett County Board of Commissioners .
sitting as the governing body of the Buies Creek-Coats Water and Sewer District
hereby authorizes:
1. The reconveyance, without consideration, of that portion of the real
property given to the District by Robert G. Stewart, Jr. and wife, Joyce W.
Stewart measuring approximately twenty (20) feet by forty-nine (49) feet.
2. The attorney representing the District to take the necessary actions
pursuant to North Carolina General Statutes fi l53A-l77 to reconvey the said
property including the publication of this Districts intent to reconvey said
property.
Duly adopted this the 6th day of November. 1995, uron motion made by
Commissioner Bowden , seconded by Commissioner T tchener
.
and adopted by the following vote:
Ayes 5 Noes 0 Absent 0
Board of Commissioners of
the County of Harnett sitting
as the governing body of the
Buies Creek-Coats Yater and
Sewer District of Harnett County
By: # k'L .
/H.L. Sorrell. ~.
Chairman of the Board
Attest:
K~.t. 13}~ruJ
Kay . Blanchard, Clerk to
the Board and to the District
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??7
-'-~ ,~"C~ !:t
Attachment 6.
USDA-RECD
Form FmHA 1940-1 REQUEST FOR OBLIGATION OF FUNDS
(Rev. 3-95)
I
INSTRUCTIONS-TYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED ( IIII )
Complete Items 1 through 30 and applicable Items 31 through 43. See FMI.
. 1. CASE NUMBER LOAN NUMBER FISCAL YEAR
ST CO BORROWER 10
3,810.4,310,5,6.1,5.3.0.7.1.01 ,I 9,61
2. BORROWER NAME 3. NUMBER NAME FIELDS
S,O,U,I,H, ,C,E,N,I,R,A.L, ,W.A,I,E.RI 2L(1.2.or3fromltem2)
4. STATE NAME
A.N ,D I ,S ,E ,W ,E.R. ,D.I.S.I.R ,I ,C ,I, I N, O. R. I, H, ,C. A, R, 0, L, I, N, A, I
5. COUNTY NAME
, , I I , I , , . , . . . , . , , , I . H, A, R, N, F., t. II , , , I I I I 1
GENERAL BORROWER/LOAN INFORMATION
6. RACE/ETHNIC 7. TYPE OF 4-PUBUCIIOOY 8. COLLATERAL CODE 9. EMPLOYEE
CLASSIFICATION APPLICANT 5 . ASSOC. OF , . REAL ESTATE 4. MACHINERY ONLY RELATIONSHIP CODE
FARMERS SECURED 5.UVESTOCKONLY
6. ORG. OF 2. REAL ESTATE 6. CROPS ONLY 1 . EMPlOYEE
, - WHITE 4 - HISPANIC 1 -INDIVIDUAL FARIAERS AND CHATTEL 7. SECURED BY 2 - MEMBER OF FAMILY
I 2. BLACK 5 - AlPI 4 I 2 - PARTNERSHIP WORKERS 13 _ NOTE ONLY OR BONDS 1 3 - CLOSE RElATIVE
3-IWAN 3-CORPORATION 7-0lliER 7 ,."r--cl(1,\llV 4.ASSOC.
10. SEX CODE t~~1u~LEOWNED 11. MARITAL STATUS ~ '."1-12~'VETERAN CODE 13. CREDIT REPORT
6 I ' - MALE 5 - ORGAN. FEMAI.E OWNED 1 - MARRIED 3 . lNolARRIED (INCLUDES , - YES 2 1 . YES
2 . FEMAlE 6 - PUBLIC BODY I 2. SEPARATE" WII10WfMlI"ORl"'F~I' , 2 . NO I 2 - NO
14. DIRECT PAYL1ENT 15. TYPE OF PAYMENT .. '-~1iFEE iNSPECTION 17. INTEREST CREDIT
(See FMI) 1 -IolONTHLY 3. SEMJ.NN.JAU.Y , . YES , - YES (FOR SFH ONLY)
I 21 2.ANNUALLY 4-QUARTERLY .? 1 2 - NO I 2. NO
18. COMMUNITY SIZE 19. DWELLING TYPE/USE OF FUNDS CODE
1 - 10.000 OR LESS (FOi'I SF'i AND
. 2-0VER10,OOO HPGONLYj I , (SeeFMI)
COMPLETE FOR OBI.IGATION OF FUNDS
20. TYPE OF 21. PURPOSE CODE ,~ 22. SOURCE OF FUNDS 23. TYPE OF ACTION
ASSISTANCE 1 _ OBLIGATION ONLY
. 0 6 1 (See FMI) ., I 11 2 - OBLlGATIONICHECK REQUEST
I I.' I ,C 3.CORRECllONOF 08UGATlON
24. TYPE OF SUBMISSION 25. AMOUNT OF LOAN 26. AMOUNT OF GRANT
'-INITIAl
212-SUBSEQUENT 214.0.010.0,QIQ.Q', I, I, ,010,01
27. AMOUNT OF IMMEDIATE 28. DATE OF 29. INTEREST RATE 30. REPAYMENT TERMS
ADVANCE APPROVAL
MO OA YR
. I I . l. .0Jo.ol , I-I \ ,-, ,\ 0,512,5,0,0,0104,01
COMPLETE FOR SINGLE FAMILY HOUSING ONLY
31. INCOME CATEGORY CODES 32. LOW INCOME 33. ADJUSTED FAMILY INCOME
1 - VERY LOW 3 _ MODERATE LIMIT-MAX.
HOW 4. ABOVE MODERATE , I ' I I 0 I 0 I I I I I 0 I 0 10 I
34. R.E. INSURANCE 35. R.E. TAXES 36. R.E. TAXES 37. NOTE INSTALLMENT INELIGIBLE
1st year 2nd year
I I . Jo.ol I , , 10,01 I ' , 10,01 I I , Jo,ol
38. TYPE OF UNIT
1 . FARM TRACT
2 . NON-FARM TRACT
I
COMPLETE FOR COMMUNITY PROGRAM AND CERTAIN MULTIPLE-FAMILY HOUSING LOANS
39. PROFIT TYPE' l
2 . LIMITED PROFIT
.. . 1 - FUU PROFIT 3 - NONPROFIT
COMPLETE FOR EM LOANS ONLY COMPLETE FOR CREDIT SALE-ASSUMPTION
. 40. DISASTER DESIGNATION NUMBER 41. TYPE OF SALE 2-ASSUMPTIONONLY 4.ASSUMPTIONwmI
I I . I (See FMI) , 1 - CREDIT SALE ON\. Y 3 . CREDIT SALE WITH SUBSEQUENT LOAN SUBSEQUENT LOAN
FINANCE OFFICE USE ONLY COMPLETE FOR FP LOANS ONLY
42. OBLIGATION DATE 43. BEGINNING FARMER/RANCHER
MO OA YR
I 1_' I ,_I , I . I (SeeFMI) I
If the decision contained abo,'e in this form results in denial, reduction or calfullation of USDA assistanu. yau may appeal this decisiof1 and have a hearing or you may request a
rerieM" in lieu of a hearing. Please use the form we have includedfor this purpose.
Position 2
ORIGINAL - Borrower's Case Folder COpy 1 - Finance Office COpy 2 . Applicant/lender COPY 3 - State Office
-- . ~--~-- ,--- _____~________.. _____".,~_"_____,__~___.T.__"^~__~___,______m___ _~"___~_.__"_ ~~___ ___T"_
"
228
CERTIFICATION ;U.1l nOVAL \
For All Fanners Programs EM, OL, FO. 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 lhe date
of approval on this document. the approval official will request updated eligibility infonnation. The undersigned loan appli-
cant agrees that the approval official will have 14 working days to review any updated infonnation prior to submitting this
document for obligation of funds. If there have been significant changes that may affect eligibility, a decision as to eligibility .
and feasibility will be made within 30 days ;.v..". the time the applicant provides the necessary infonnation.
If this is a loan approval for which a lien and/or title search is necessary, the undersigned applicant agrees that the IS-working-
day loan closing requirement may be exceeded for the purposes of the applicant's legal representative completing title work
and completing loan closing.
44. COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIAL
Approval of financial assistance is subject to the requirements of the "Letter of
Conditions" dated 11/06/95, Rural Economic and C~.~mity Development (REeD) Instructions,
Loan closing instructions issued by RECD, and availability of funds.
45. I HEREBY CERTIFY that I am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates and
tenns, taking into consideration prevailing private and cooperative rates and tenns in or near my community for loans for
similar purposes and periods of time. I agree to use the sum specified herein, subject to and in accordance with regulations
applicable to the type of assistance indicated above, and request payment of such sum. I agree to report to USDA any material
adverse changes, financial or otherwise, that occur prior to loan closing. I certify that no part of the sum specified herein has
been received. I have reviewed the loan approval requirements and comments associated with this loan request and agree to
comply with these provisions.
(For SFH & FP loans at eligible tenns only) If this loan is approved, I elect the interest rate to be charged on my loan to be the
lower of the interest rate in effect at the time of loan approval or loan closing. If I check "NO", the interest rate charged on my
loan will be the rate specified in Item 29 of this form. YES NO
WARNING: Whoever. In any matter within the Jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material .
fact. or makes any false, fictitious or fraudulent statements or representations, or makes or
uses any false writing or document knowing the same to contain any false, fictitious or fraudulent
statement or entry, shall be fined under this title or Imprisoned not more than five years, or
both." L~~6 (Signature of App/icanJ)
Date //- Cn - ,19 9-s-
1/- fLJ <j:J Harnett County ard of Conmissioners
Date ,19 K~ ~ .~Ll._,L1tAd ) L6.{ L
(Signature of eo-Applicant)
46. I HEREBY CERllt' 'l that all of the committee and administrative detenninations and certifications required by regulations
prerequisite to providing assistance of the type indicated above have been made and that evidence thereof is in the docket, and
that all requirements of pertinent regulations have been complied with. I hereby approve the above-described assistance in the
amount set forth above, and by this document, subject to the availability of funds, the Government agrees to advance such
amount to the applicant for the purpose of and subject to the availability prescribed by regulations applicable to this type of
assistance.
(Signature of Approving Official)
James C. Kearney
Date Approved: Title: State Director, REeD
47. TO THE APPLICANT: As of this date . this is notice that your application for financial assistance
from the USDA has been approved. as indicated above, subject to the availability of funds and other conditions required by the .
USDA. If you have any questions contact the County Supervisor or District Director. .U.S. Government PrInllnll OIIIce: 1995 - 857-410
~r;9
//,
~.~ "_..A ..'-
Position 5
USDA-FmHA FORM APPROV:
Form FmHA 194247 OMB, No, OS7S-f
(Rev, 1-90) LOAN RESOLUTION
(Public Bodies)
A RESOLunON OF THE Board of G,,'.....~ssi.oners
.. .......
OF THE South Central Water and Sewer District - Harnett Cotmty, NC
AUlliORIZING AND PROVIDING FOR THE INCURRENCE OF ll-luJ:~.l:He1Jl.ffiSS FOR TIIE PURPOSE OF PROVIDING A
. PORTION OF THE COST OF ACQUIRING. CONSlRUCTING. ENLARGING. IMPROVING, AND/OR EXTENDING ITS
Wa ter System
FACILITY TO SERVE AN AREA LAWFULLY WITIDNITS JURISDICTION TO SERVE.
WHEREAS, it is necessary for the South Central Water and Sewer District
(public Body)
(herein after called Association) to raise a portion of the cost of such \Uldertaking by issuance of its bonds in the principal amO\Ult of
'lWO MILLION FOUR IillNDRED TIIOUSAND (2.400.000.00)
pursuant to the provisions of Local Goverrnnent Bond "Act (GS 159-43 EI SeQ.) ; and
WHEREAS, the Association intends to obtain assistance from the Farmers Home Administration, United States Department of Agri-
culture, (Herein called the Government) acting \Ulder 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 \Uldertaking and the purchasing of bonds lawfully issued, in the event
that no other acceptable purchaser for such bonds is fO\Uld by the Association:
NOW THEREFORE. in consideration of the .,.....J.ses the Association hereby resolves:
1. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds containing 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 Gov.........ent if at any time
it shall appear to the Government that the Association is able to refmance its bonds by obtaining a loan for such purposes
from responsible cooperative or private sources at reasonable rates and tenus for loans for similar purposes and periods
of time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U.S.C. 1983(c)).
3. To provide for, execute, and comply with Form FmHA 4004, "Assurance Agreement." and Form FmHA 400-1, "Equal
Opportunity Agreement," including an "Equal Opportunity Clause," which clause is to be incorporated in, or attached
as a rider to, each construction contract and subcontract involving in excess of $10,000.
4. To indemnify the Government for any payments made or losses suffered by the Government on behalf of the Association.
Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legal per-
missible source.
. 5. That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any cov-
enant or agreement contained herein or in the instnunents incident to making or insuring the loan, the Government at
its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and pay-
able, (b) for the account of the Association (payable from the source of funds pledged to pay the bonds or any other
legally permissible source), incur and pay reasonable expenses for repair, maintenance, and _t".....tion of the facility
and such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession of the
facility, repair, maintain, and operate or rent it. Default under the provisions of this resolution or any instnunent incident to the
making or insuring of the loan may be construed by the Government to constitute default under any other instrwnent
held by the Government and executed or assumed by the Association, and default under any such instnunent may be
construed by the Government to constitute default hereunder.
6. Not to sell, transfer, lease, or otherwise encwnber the facility or any portion thereof. or interest therein, or permit others
to do so, without the prior written consent of the Government.
7. Not to detace the bonds, or to borrow money. enter into any contractor agreement, or otherwise incur any liabilities
for any purpose in connection with the facility (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 at"t".'~ led by the Government. Funds may be
deposited in institutions insured by the State or Federal Government or invested in readily marketable securities backed
by the full faith 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 F ederallaws and regulations and to continually 'Wi' _..te and maintain the facility
in good condition.
10. To provide for the receipt of adequate revenues to meet the requirements of debt service, _t".....tion and maintenance, and
the establishment of adequate reserves. Revenue accumulated over and above that needed to pay wt".....ting 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 incwred for the facility financed by FmHA. No free service or use of the
facilitv "ill be pennitted.
11. To acquire and maintain.sucl.f insurance and fidelity bond coverage as may be required by the Government.
12. To establish and maintain such books and records relating to the wt".....tion of the facility and its fmancial 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 Gove(1l1llent 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 instrwnents 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 acco\Ult
may be used when necessary for payments due on the bond if sufficient funds are not otherwise available. With the prior
written ':'t"t'""val of the Government, funds may be withdrawn for:
(a) Paying the cost ofrepairing 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.
Any time funds are disbursed from the reserve account. additional deposits will be required until the reserve aCCO\Ult has
reached the required funded level, .
15. To provide adequate service to all persons within the service area who can feasibly and l~gally be ~ed and ~o ob~
FmHA's concurrence prior to refusing new or adequate services to such persons. Upon fadure to proVIde semces which
are feasible and legal, such person shall have a direct right of action against the Association or public body.
--_..~,-- - --""--
?30
16. To comply with the measures identified in the Govenunent'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 $ N / A
under the terms offered by the Govenunent; that the Cha.irmaP
and Clerk of the Association are hereby authorized and empowered to take all action necessary
or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant; and
to operate the facility 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 tenns of such instrument, shall be binding upon the Association as long as 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 S Nays 0 Absent 0
IN WTINESS WHEREOF, the Board of Commissioners of the
South Central Water and Sewer District has duly adopted this resolution and caused it
to be executed by the officers below in duplicate on this fn '1--~ davof A\ /) II e.mJ, e.,.... ) /995' ,
South Central Water and Sewer District
(SEAL) By ?:/ ~L
1'. . r~ r
Attest: Title Chairman
\~ J. & t1Al~A\a.Jl(J
Title Clerk .
CERTIFICATION TO BE EXECUTED AT LOAN CLgSIttGc t 1 W t
ou en ra a er
I. the undersigned, as Clerk of the and Sewer District
hereby certify that the Board of Commissioners of such Association is composed of
S members. of whom. 3 constituting a quonun. Were present at a meeting thereof duly called and
held on the (ok day of -AJ..o.-11 e. Y\l h.. t-' ,/'1957 and that the foregoing resolution was adut'~...l at such meeting
by The vote shown above, I further certify That as of ,
the date of closing of the loan from the Fanners Home Administration, said resolution remains in effect and has not been rescinded or
amended in any way.
Dated, thi~ day of ,
Title C]prK
10< U.S.GPO: 1990-0-717-014/22842
.
-------..--- ----
231
BorrNme
FORM APPROVED
OMB NO. 0575-0015
UNITED STATES DEPARTMENT OF AGRlCULTIJRE
FARMERS HOME ADMINISTRATION
Fonn FmHA 1942-46
(Rev. 9-89)
LE .l1.f.R OF INTENT TO MEET CONDITIONS
. Date November 6, 1995
TO: Farmers Home Administration
United States Department of Agriculture
1027 HIGHWAY 70 W, SUITE 219
GARNER, NC 27529
(County Office Address)
We have reviewed and understand the conditions set fourth in your letter dated
November 6, 1995
It is our intent to meet all of them not later than November 6, 1996
We are also requesting that we be given the interest rate in effect at the time ofloan approval or at the time of loan
closing, whichever is lower. In otherwords, we want the lowest interest rate possible
SOUTH CENTRAL W&S OF HARNETT COUNTY
BY 4~aba
,/, ~.c 6i
H. L. Sorrell. Jr.. Chai an
.
USDA-FmHA Position 3 Schedule 1
Form FmHA 442-7 OPERATING BUDGET
(Rev. 8-12-76)
Name I Address
SOUTH CENTRAL W&S OF HARNETT COUNTY P.O. BOX 1119 ULUNGTON
Applicant Fiscal Year County I State (Including ZIP Code)
From JULY 1 To JUNE 30 . HARNETT NC 27546
, 1995 1996 First Full Year
OPERATING INCOME (1) (2) (3) (4) (5)
1. WATER SALES 736,400 i 736.400 841,050
2. TAPS 10.000 10,000 30,000
3.
4.
5. Miscellaneous I
6.Less: Allowances and < )1< ) < ) < ) < )
Deductions
7. Total Operating Income $746,400 $746,400 $0 $0 $871,050
.<Add Lines 1 through 6) I
OPERATING EXPENSES
8. SALARIES 170.000 178,000 187,000
9. BULK WATER 258.000 I 264,000 I I I 269,300
to.office eSD and util 54,000 I 57,000 I I 60,000
l1.BONDINGIINSURANCE 4,400 4,600 I I 4,800
12.maint and sUDDlies 75,600 79,000 I I I 83.000
13.contract services 9,900 I 10,300 I I I 10,810
14.miscel 4,700 I 5.000 I I I 5.300
. .
- - -----~--------- ~-- ~---"-- -~-- -~-_...-~-..--~_...__..~-- ..~---- -----------~--~.--
232
15. Interest (FmHA) 55.000 54~000 180,000
16. Depreciation 186,000 186,000 233,000
17. Total Operating Expense 817,600 837,900 0 0 1,033,210
(Add Lines 8 through 16)
18. NET OPERATING INCOME ($71,200) ($91,500) $0 $0 ($162,160)
(LOSS) (Line 7 less 17)
NONOPERATING INCOME .
19.
20.
21. Total Nonoperating Income I
(Add 19 and 20) 0 0 0 0 0
22. NET INCOME (LOSS)
(Add Lines 18 and 21) ($71,200) ($91,500) $0 $0 ($162,160)
(transfer to line A Schedule 2)
Budget and Projected Cash Flow Approved by Governing Body
Attem: J;f Z;:~ s.c~t.ry 1/'6:>-95
Date
1/ - (p - 9.r
/ / Appropriate Official Date
Schedule 2
PROJECTED CASH FLOW
I I I . First
1995 1996 Full Year
A. Line 22 from Schedule 1 Income (loss) '71.200) '91.500~ 0 0 '162.1_
Add
B. Items in Ooerations not Reauirin2" Cash:
l. Depreciation (line 16 Schedule 1) 186.000 186.000 233.000
2. Others:
C. Cash Provided From:
1. Proceeds from FmHA loan/grant 2.400.000
2. Proceeds from others
3. Increase (Decrease) in Accounts Payable, Accruals
and other Current Liabilities
4. Decrease (Increase) in Accounts Receivable, Inventories
and Other Current Assets (Exclude Cash)
5. Other: BAN ~.400.000
6.
D. Total all A. B, and C Items 114.800 4.894.500 0 0 70.840
E. Less: Cash Emended for:
1. AIl Construction, Equipment and New Capital Items
(Loan and Grant funds) 2.400.000
2. Replacement and Additions to Existing Property,
Plant and Equipment 40.000 35.000 30.000
3. Principal Payment FmHA Loan 11.000 11.000 31.823
4. Principal Payment Other Loans .
5. Other: Drine and int BAN 2.445.000
6. Total E 1 through 5 51.000 4.891.000 0 0 61.823
Add
F. Beginning Cash Balances 0 0 0
G. Ending Cash Balances (Total ofD Minus E 6 Plus F) 63,800 3,500 0 0 9,017
-
Item G Cash Balances Comnosed of:
Construction Account
Revenue Account
Debt Payment Account
O&M Account 63.800 3.500 9.017
Reserve Account
Funded Depreciation Account
Others:
I . I I I
~3~
c. \..."
Position 3
USDA-FmHA FORM APPROVED
Form FmHA 400-4 ASSURANCE AGREEMENT O~. ~0.0575~OI8
(Rev. lO~94) (Under Title VI, Civil Rights Act of 1964)
The SOUTH CENTRAL W&S OF HARNE1T C;()T~TY
(name a/recipient)
.. O. Box 759. Lillinaton. NC 27546
(address)
("Recipient" 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 IS. and Farmers Home Administration
regulations promulgated thereunder, 7 C.F.R. ~ 1901.202. In accordance with that Act and the regulations referred to above, Recipient
agrees that in connection with any program or activity for which Recipient receives Federal financial assistance (as such term is
defined in 7 C.FR ~ 14.2) no person in the United States shall, on the ground ohace, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination.
1. Recipient agrees that any transfer of any aided facility, other than personal property, by sale, lease or other conveyance of
contract, shall be, and shall be made ..Ay.....;sly, 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 Fanners 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 facilities 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 Federal financial assistance, 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~' 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 assistance 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.
Rights and remedies provided for under this agreement shall be cumulative.
In witness whereof,SOUTH CENTRAL W&S OF HARNETT COUNTY on this
(name of recipient)
date has caused this agreement to be executed by its duly authorized officers and its seal affixed hereto, or. if a natural person, has
hereunto executed. ihis C\greement. ~~d-
, r /- Recipient
tf{~. S rrell, Jr.. Chai~
(S E A L) November 6. 95
Date
Attest:J\a,-~ .r ~3 Ctl,AL~ivVIt.( , (hi L
. ( ~ ~
~C n>por/Jil~ tlD'lie.: /or fAj,,' .":;//erlIiJo 0/ IiJ!OI7J1alioo is estimaled 10 averap 15 minules per rt'SfI/JIlSl'. IPdutIJo~ lIIe lilllt' lor Il'vit'lIin~ lilslrut:lilJll.f. warclun, e.risIJil~ tlala SQUI'l"eS. ~alllt'nn,
8DtllIl4lll18ining tie tI~~ Offl:~ 4.,tI c/JI/lp/elior 11I1t1ll'viell'mr lIIe co//ee/ioo of 1010l'l/l0l100. Send coDJl/leols nr6I'rIinK lIIis IJlll'IIeo eslim8~ or 1111)' Diller 11sp<<l 0/ llJis coJ/erbiJn of inlDJ7TJ8/iOO.
indutlin~ sugesb;'1!S !:'. - miu~ IIIls 1Jurr/t'n. lo/kp8r1nJenl 0/ A"Pfieullurt'. C/tI1I'8IIt't' fJlJJet'J: PIH.v. ,Ie IJor?@d. TasAilqlOlJ. OC ~1l4Drl 101M 1J/IJi'e' 0/ JI~I ami /lurlpl.
1'8pt'J7W"K l?erIudi'IJ .l.,~itr'1. (:i3 AIlIJ5?5-1J()18). 'aslJiorlon. DC. 1?lJS03. PlNSt' lJO Nil! IlE:!'lIHN I"is 1DJ7TJ 10 ellller 0/ I"est' 11.;,) "_~ I'0fF6F(/ 10 f>nHJ DO/;'.
o u.s. GOVERNMENT PRINTING OFFICE: 1994 - J-656-241
-",-"- ,--------------- -------.._..__..-._-~--,~--"- - ,--.~-._--.~-----~------ --,- -,--- -----
234.
FORM APPROVED
UNITED STATES DEPARTMENT OF AGRICULTURE OMB No. 0575..0018
Form FmHA 400-1
(Rev. 7-19-83) FARMERS HOME ADMINISTRATION
EQUAL OPPORTUNITY AGREEMENT
This agreement, dated November 6. 1995 between
SOUTH CENTRAL W&S OF HARN~TT CQlJNIT
(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 . Secretary') 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 offinancial assistance)
made or to be made by the Farmers Home Administration to Recipient, Recipient hereby agrees, if the cash cost of construction
work performed by Recipient or a construction contract financed with such financial assistance exceeds $10,000--unless
exempted by rules, regulations or orders of the Secretary of Labor issued pursuant 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 relevant 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 aid of such financial assistance, the following "Equal Opportunity Clause":
During the performance of the 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 will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without 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 or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard 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 under 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 all rules,
regulations and relevant orders of the Secretary of Labor and of any prior authority which remain in effect.
(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.
(f) 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 of Federally Assisted
construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of
September 24, 1965, or by rule, regulation or order of the Secretary of Labor or as provided by Law.
(g) The contractor will include the provisions of this Equal Opportunity (Federally Assisted Construction) clause in
every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor
issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will
be binding upon each such subcontractor or vendor. The contractor will take such action with respa."t to any
subcontract or purchase order as the Farmers Home Administration may direct as a means of enforcmg such
provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes
involved in, or is threatened with, litigation ,vith 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.
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-425, 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.
5. 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 O........l roity Clause and the said rules, regulations, and
orders, to obtain and furnish to the Farmers Home Administration and the Secretary, form AD-560, Certification of
Nonsegregated Facilities, to submit the Monthly Employment Utilization Report, Form CC-257, as required and such other
information as they may require the supervision 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 entering into any contract. or extension or other modification of a contract, subject to such ExeoiJi.i'te? '.....
Order with a contractor debarred from government contracts or federally assisted construction contracts pursuant to Part II,
Slllr""~ 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 further assistance under the program involved 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.
.
soum CENTRAL W&S OF HARNETT CO
(CORPORATE SEAL) ~a=~/
Attest: Ktt~. J.
~;,;{ / . '~
H. L. Sorrell, Jr. airman
Secretary
Position 3
USDA-FmHA FORM APPROVED
FonnFmHA 1910-11 OMB. No. OS7S-0127
(Rev. 9-89) APPLICANT CERIllICATION
FEDERAL COLLECTION POLICIES FOR CONSUMER OR COMMERCIAL DEBTS
The Federal Government is authorized by law to take any or all of the following actions in the event your loan payments become delinquent
or you default on your loan:
Report your name and accoWlt information to a credit reporting agency.
. Assess interest and penalty charges for the period of time that payment is not made.
Assess charges to cover additional administrative costs incurred by the government to service your acCOWlt.
Offset amoWlts to be paid to you Wlder other Federal Programs.
Refer your accoWlt to a private collection agency to collect the amoWlt due.
Foreclosure on any security you have given for the loan.
Pursue legal action to collect through the courts.
Report any written off debt to the Internal Revenue Service as taxable income.
If you are a current or retired Federal employee, take action to offset your salary, or civil service retirement benefits.
Debar or suspend you from doing business with the Federal Government either as a participant or principal throughout the
executive branch of the Federal Government for the period of debannent or suspension.
Any or all of these actions may be used to recover any debts owed when it is detennined to be in the interest of the Government to do so.
-
CERTIFICATION: Uwe have read and I/we Wlderstand the actions the Federal Government may take in the event that Uwe fail to meet
my/our scheduled payments in accordance with the tenns and conditions of my/our agreement. Uwe Wlderstand that the above list is not all
inclusive and that the Federal Government may deem additional actions necessary to collect should Uwe become delinquent.
.
(Signature -Individual(s)) (Date) (Signature-Individual (s))) (Date)
----------------------------------------------------------------------------------------------
SOUTH CENTRAL W&S OF
HARNETT COUNTY
(SEAL) ~~ican~
~. ~~
I . (Stgnatuf'e ~thOri~tity Official)
H. l. Sorrell. Jr.. Chairman
ATTEST: (Iitle of Authorized Entity OfficiaO
. J &' I / P. O. Box 759. Llllln~ton.
/( ~ ., I a.,.,,1t1 r.utJr C!
'annturtl nf Attl?~tin(7 nmrin/J (Address)
~-- -- --- ~ ~--_.._-
236
u.s. DEPARTMENT OF AGRICUL TURE
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
This certi~ication is required by the regulations implementing Executive Order 12549, .
Debarment and Suspension, 7 CFR part 3017, Section 3017.510, Participants' responsibilities.
The regulations were published as Part IV o~ the January 30, 1989, Federal Register (pages
4722-4733) . Copies of the regulations may be obtained by contacting the Department o~
Agriculture agency offering the proposed covered transaction.
(BEFORE COMPLETING CERTIFICATIoN, READ INSTRUCTIONS ON R.a.v.l!oA8E)
(1) The prospective primary participant certifies to the best of its knowl~.2...~ and belief,
that it and its principals:
(a) are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
(b) have not wi thin a three-year period preceding this proposal. been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State or local) transaction or contract under a public transaction;
violation of Federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property; .
(c) are not presently indicted for or otherwise criminally or civilly charged by a
gove__._;~..tal entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (1) (b) of this certification; and
(d) have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State or local) terminated for cause or
default.
(2) Where the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
SOUTH CENTRAL W&S OF HARNETT COUNTY
Organization Name PR/Award Number or Project Name
H. L. Sorrell, Jr., Chairman
Name and Title of Authorized representative
d November 6, 1995
/ Date .
1
Form AD-I047 (2/89)
-- --
237
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this form, the prospective primary participant is providing the
certification set out on the reverse side in accordance with these instructions.
2. The inability of a person to provide the certification required below will not
necessarily result in denial of participation in this covered transaction. The
prospective part:Lcipant shall submit an explanation of why :Lt cannot provide the
certif:Lcat:Lon set out on th:Ls form. The cert:Lf:Lcat:Lon or explanation w:Lll be considered.
:Ln connection w:Lth the department or agency's determ:l.nat:Lon whether to enter into th:Ls
transaction. However, failure of the prospective primary participant to furnish a
certification or an explanation shall disqualify such person from participation in this
transaction.
3. The certification in this clause is a material representation of fact upon which reliance
. was placed when the department or agency determined to enter into this transaction. If
it is later determined that the prospective primary participant knowingly rendered an
erroneous certification, in addition to other ___~d1es available to the Federal
Government, the department or agency may term:l.nate this transaction for cause or default.
4. The prospect:Lve primary participant shall provide immediate written notice to the
department or agency to whom this P__r_sal is submitted if at any time the prospective
primary participant learns that its certification was erroneous when sUbmitted or has
become erroneous by reason of changed circumstances.
5. The terms "covered transaction," "debarred," "suspended," "inelig1ble," "lower t:Ler
covered transaction," "participant," "person," "primary covered transact:Lon,"
"principal," "proposal," and "voluntar:Lly excluded," as used in this clause, have the
meanings set out in the Def:Lnitions and Coverage sections of the rules implement:Lng
Executive Order 12549. You may contact the department or agency to which th:Ls proposal
:Ls be:Lnq submitted for ass:Lstance :Ln Cbta:Ln:Lnq a copy of those regulat:Lons.
6. The prospective primary participant agrees by subm:Ltting th:Ls form that, should the
proposed covered transaction be entered into, :Lt shall not knowingly enter into any lower
tier covered transaction with a person who is debarred, suspended, declared inel:Lgible,
or voluntarily excluded from participation in this covered transaction, unless authorized
by the department or agency entering into this transaction.
7. The prospective primary participant further agrees by subm:Ltting this form that :Lt will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion - Lower Tier Covered Transactions," provided by the department or
agency entering into this covered transaction, without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transact:Lons.
8. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determ:l.nes the el:Lg1bil:Lty of its princ:Lpals. Each participant may, but is not
. required to, check the Nonprocurement List.
9. Nothing conta:Lned in the foregoing shall be construed to require establishment of a
system of records :Ln order to render :Ln good fa:Lth the certificat:Lon requ:Lred by th:Ls
clause. The knowledge and informat:Lon of a part:Lc:Lpant is not required to exceed that
which :Ls normally possessed by a prudent person in the ordinary course of business
deal:Lngs.
10. Except for transactions author:Lzed under paragraph 6 of these instruct:Lons, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded
from participation in this transaction, in addition to other remedies available to the
Federal Government, the department or agency may terminate this transaction for cause or
defaul t.
CERTIFICATION FOR CONTRACTS~ GRANTS AND LOANS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
. of the undersigned, to any person for influencing or attempting to influence an
officer or ~l.u.t!loyee of any agency, a Member of Congress in connection with
awarding of any Federal contract, the making of any Federal grant or Federal
loan, and the extension, continuation, renewal, amendment, or modification of
any Federal contract, grant or loan.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, or an '-mployee of a Member
of Congress in connection with this Federal contract, grant or loan, the undersigned
shall complete and submit Standard FVllll - LLL, "Disclosure of Lobbying Activities,"
in accordance with its instructions.
~. ---~---- - -~--
238
3. The undersigned shall require that the language of this certification be ,
included in the award documents for all sub awards at all tiers (including
contracts, subcontractors, and sub grants under grants and loans) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this .
certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
SOUTH CENTRAL W&S OF HARNETT COUNTY
bY:~/~~
M. L. sbrrell, JrfChairman
tJ~i..vt ~ ,1jJ.,
Date
-
TO: SOlJrH CENTRAL WATER AND SEHER DISTRTCT .
DATE: November 06, 1995
: Identifying and Reporting FmHA/RDA Assistance
to FmHA/RDA Employees, Relatives, and Associates
~.-
To assure the high standards of honesty, integrity, and impartiality maintained by
FmHA/RDA employees, we need to identify any Fl\1HAIRDA assistance to be
provided to FmHA!RDA employees, their relatives, or their business or close
personal associates. This includes insured or guaranteed, loans or grants, to
individuals or organizations. If you know of any relationship or assocaition you
may have with an FmHA!RDA employee, County Committee member, or closing
agent, please notify the local FmHA!RDA office processing your application.
Your response win allow us to make special provisions for processing, but
will not affect your application status. Thank you for your cooperation. - .
- -
-
Jac ie:~
a1 DeveloIJllent Manager
,,",r"tQ
~" ..c,. , .
""-'= \......) "':.......1
SOUTH CENTRAL WATER AND SEWER DISTRICT
Resolution No: 1
BE IT RESOLVED:
~7IJCI!'~rllA'-.tN,4.TIi/C. AI"O :rU..,.",A: IJls'f'~ . .
That the 1\.._... _:.:. esuR_P. Board of Commissioners accepts the cond~ t~ons
set forth in the Letter of Conditions dated November 06, 1995, and
the FmHA Form 1942-47 "Loan Resolution":
. That the county Board of commissioners approves as sh..,nu on Form FmHA
442-7 "Operating Budget", the proposed budget:
That the Chairman and Clerk be authorized to execute all forms
necessary to obtain a loan from the Rural utility Service (RUS),
including, but not limited to the following forms:
Form FmHA 1942-47 Loan Resolution
Fv~_ FmHA 1942-46 Letter of Intent
Form FmHA 442-7 Operatinq Budqet
Fv~_ FmHA 400-4 Assurance Agreement
Form FmHA 400-1 Equal Opportunity Agreement
F...,~_ FmHA 1940-1 Request for Obliqation of Funds
Form FmHA 1910-11 Applicant Certification Federal
Collection Policies
Form AD-1047 Certification Regardinq
Debarment. . .
.Exhibit A.1, 1940-Q Certification for Contracts,
Grants and Loans
That if the interest rate charged by FmHA should be changed between
this date and the date of actual loan approval, the Chairman and
Clerk be authorized to execute new forms reflecting the current
interest rate and revised payments as required by the RUS:
. That the Board of Commissioners elects to have the interest rate
charged by FmHA to be the lower of the rate in effect at either the
time of loan approval or loan closinq:
The proposed rate schedule for water use will be as follows, once the
improvements are in operation:
Residential--
Minimum $13.00 per 2,000 gallons of water usage
Allover 2,000 gallons - $2.50 per 1,000 gallons
Commercial--
Minimum $14.00 per 2000 gallons of water usage
Allover 2,000 gallons - $2.50 per 1,000 gallons
This resolution to become a part of the official minutes of the Board
meeting held on November 06, 1995. MOTION MADE BY
f2 r-,"'''"l - "!I) ~;. e.L A~~
SECONDED ifi ~____ R l 01;..';'1 _~ TO ADOPT THE RESOLUTION.
MOTION PASSED .r TO 0
ATTEST: .~m1x Ai tl-1~ tlhd BY: n 6~
/ ,I LC I -
.
-------,--- - --,--,--- ~ ~_____~.__.c____.
240
Attachment 7.
7
USDA-RECD
Form FmHA 1940-1 REQUEST FOR OBLIGATION OF FUNDS
(Rev. 3-95)
.
INSTRUCTIONS-TYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED ( IIII )
Complete Items 1 through 30 and applicable Items 31 through 43. See FMI.
- ~
1. CASE NUMBER LOAN NUMBER FISCAL YEAR
ST CO BORROWER 10 .
3.810.4.310.5.6.1.6.4.1.8.9.01 0.21 9.61
2. BORROWER NAME 3. NUMBER NAME FIELDS
S,O,U,T,H,W,E,S,T, ,W,A,T,E,R, ,A,N,DI Z l (1,2, or 3 from "em 2)
4. STATE NAME
S, E. W. E. R. .D.I.S.T.R.I.C.T. . . . . I N.O.R.T.H. .C.A.R.O.L.I.N,A, I
5. COUNTY NAME
. . . . . . . . . . . . . . . . . . I H.A.R.N.E.T,T, , , , , , , , I
GENERAL BORROWER/LOAN INFORMATION
6. RACE/ETHNIC 7. TYPE OF 4 . PUBlIC BODY 8. COLLATERAL CODE 9. EMPLOYEE
CLASSIFICATION APPLICANT 5. ASSOC. OF 1 . REAL ESTATE 4. MACHINERY ONLY RELATIONSHIP CODE
FARMERS SECURED 5. UVESTOCKONLY
'.WHITE 4 . HISPANIC 8. ORG. OF 2. REAL ESTATE 8. CROPS ONLY I . EMPLOYEE
I - INDIVIDUAL FARMERS AND CHATTEL 7 . SECURED BY 2. MEMBER OF FAMILY
2 - BLACK 5~AIPI 41 2 - PARTNERSHIP WORKERS
I 3.AIIAN 3 - CORPORATION 7 - OTHER 7 P . NOTE ONLY OR BONDS I 3 . CLOSE RELATIVE
':""'~LONLY 4. ASSOC.
1 o. SEX CODE :: 6'i:~~U~fLE OWNED 11. MARITAL STATUS 12. VETERAN CODE 13. CREDIT REPORT
61 '.MALE 5 - ORGA"'. FEMALE OWNED 1 - MARRIED 3 . UNMARRIED (INCLUDES '.YES 2 I.YES
2 - FEMALE 6 . PUBLIC BODY , 2 - ~A~A,T~O WlDOWEDIDIVORCED) , '.NO I 2-NO
14. DIRECT PAYMENT 15. TYPE OF PAYMENT 16. FEE INSPECTION 17. INTEREST CREDIT
I (S...PM~ 21 ' - MONTHLY 3 - SEM~ANNUALL Y I.YES I - YES (FOR SFH ONL YJ
2 . ANNUALLY 4 - OUAATERL Y 21 2.NO 1 HIO
18. COMMUNITY SIZE 19. DWELLING TYPE/USE OF FUNDS CODE
, . 10.000 OR LESS (FOR SFH AND (See FMI)
.1 2'OVERI0.000 HPGONLY) , , ,
COMPLETE FOR OBIIAATION OF FUNDS
20. TYPE OF 21. PURPOSE CODE 22. SOURCE OF FUNDS 123. TYPE OF ACTION
ASSISTANCE I.OBUGATIONONLY
0.6.1. (See FMI) 21 11 2. OBUGATlONICHECK REOUEST
. 3. CORRECTION OF OBUGATION .
24. TYPE OF SUBMISSION 25. AMOUNT OF LOAN 26. AMOUNT OF GRANT
'.INITIAL
?I 2.SUBSEOUENT 18;8.0!0.0.010.Q .. I .010.01
.
27. AMOUNT OF IMMEDIATE 28. DATE OF 29. INTEREST RA' 'E 30. REPAYMENT TERMS
ADVANCE APPROVAL
MO DA VR
., I , , I , .010,01 , .-. . .-. . I 0.512.5.0.0.010 4.01
. COMPLETE FOR SINGLE FAMILY HOUSING ONLY
31. INCOME CATEGORY CODES 32. LOW INCOME 33. ADJUSTED FAMILY INCOME
1 . VERY LOW 3 . MODERATE LIMIT-MAX.
2.LOW 4 - ABOVE MODERATE . I · · 10.01 l .010.01
, .
34. R.E. INSURANCE 35. R.E. TAXES 36. R.E. TAXES 37. NOTE INSTALLMENT INELIGIBLE
1 st year 2nd year
I I . J a, 01 I . . 10.01 I . . 10.01 I . . Jo.ol
38. TYPE OF UNIT
1 . FARM TRACT
2. NON.FARM TRACT
I
COMPLETE FOR COMMUNITY PROGRAM AND CERTAIN MULTIPLE-FAMILY HOUSING LOANS
39. PROFIT TYPE
2. UMITED PROFIT
. 1 . FULL PROFIT 3 . NONPROFIT
COMPLETE FOR EM LOANS ONLY COMPLETE FOR CREDIT SALE-ASSUMPTION
40. DISASTER DESIGNATION NUMBER 41. TYPE OF SALE 2 . ASSUMPTION ONLY 4 . ASSUMPTION WIlli
. , . I (SeeFM/) I . CREDIT SALE ONLY 3. CREDIT SALE WITH SUBSEQUENT LOAN SUBSEOUENT LOAN .
.
FINANCE OFFICE USE ONLY COMPLETE FOR FP LOANS ONLY
42. OBLIGATION DATE 43. BEGINNING FARMER/RANCHER
MO OA VR
. .-, . .-. . I I (See FMI)
If the decisi".n contained above in this form results in denial. reduction or cancel/ation of USDA assistance. you may appeal this decision and have a hearing or you may request a
re,.ie". in lieu ofa hearing. Please use the form we have includedfor this purpose.
Position 2
ORIGINAL - Borrower's Case Folder COPY 1 - Finance Office COPY 2 - Applicant/Lender COPY 3 - State Office
:.? ,~. 1.
CERTIFICATION APPROVAL
For All Fanners Programs EM, OL. FO, 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 appli-
cant agrees that the approval official will have 14 working days to review any updated information prior to submitting this
document for obligation of funds. If there have been significant changes that may 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 approval for which a lien and/or title search is necessary, the undersigned applicant agrees that the 15-working-
day loan closing requirement may be exceeded for the purposes of the applicant's legal representative completing title work
and completing loan closing.
44. COMMENTS AND REQUIREMENTS OF CERnro fING OFFICIAL
Approval of financial assistance is subject to the requirements of the "Letter of
Conditions" dated 11/06/95, Rural Economic and G."ua...mity Development (REeD) Instructions,
loan closing instructions issued by RECD, and the availability of funds.
45. I HEREBY CERTIFY that I am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates and
tenns, taking into consideration prevailing private and cooperative rates and tenns in or near my community for loans for
similar purposes and periods of time. I agree to use the sum specified herein, subject to and in accordance with regulations
applicable to the type of assistance indicated above, and request payment of such sum. I agree to report to USDA any material
adverse changes, financial or otherwise, that occur prior to loan closing. I certify that no part of the sum specified herein has
been received. I have reviewed the loan approval requirements and comments associated with this loan request and agree to
comply with these provisions.
(For SFH & FP loans at eligible tenns only) If this loan is approved, I elect the interest rate to be charged on my loan to be the
lower of the interest rate in effect at the time of loan approval or loan closing. If I check "NO", the interest rate charged on my
. loan will be the rate specified in Item 29 of this form. YES NO
WARNING: Whoever. In any matter within the Jurisdiction of any department or agency of the United States
/ knowingly and willfully falsifies. conceals or covers up by any trick. scheme, or device a material
L fact, or makes any false, fictitious or fraudulent statements or representations. or makes or
uses any false writing or document knowing the same to contain any false. fictitious or fraudulent
I! statement or entry, shall be fined under this title or Imprisoned not more than five years, or
'/ both."
,~~te . Jj- (c; '-7> ,19 9S- /iY/~!
I H. L. Sorrell~irman (Signature of Applicant)
\ //- (p 95"' Harnett County Board of Colllllissioners
Date ,19
Ktt(yJ~~dd (Signature oICo-Applicant)
46. I HEREBY CERTIFY that all of the committee and administrative determinations and certifications required by regulations
prerequisite to providing assistance of the type indicated above have been made and that evidence thereof is in the docket, and
that all requirements of pertinent regulations have been complied with. I hereby approve the above-described assistance in the
amount set forth above, and by this document, subject to the availability of funds, the Government agrees to advance such
amount to the applicant for the purpose of and subject to the availability prescribed by regulations applicable to this type of
assistance.
C K (Signature of Approving Official)
James . earney
.Date Approved: Title: State Director, REeD
. this is notice that your application for financial assistance
47. TO THE APPLICANT: As of this date
from the USDA has been approved, as indicated above. subject to the availability of funds and other conditions required by the
USDA. If you have any questions contact the County Supervisor or District Director. .u.s. Gove,""*,, Printing 0IIIce: 18115 - 857-410
-
2i4.?
SOUTHWEST WATER AND SEWER DISTRICT
Resolution No: 1
BE IT RESOLVED:
~T H WwS-r WA-rJlJ:,m;I1 :sewIM ~PIST~Je'"
That the fI....""..:.e-.e.. ..".:.~ Board of Commissioners accepts the conditions
set forth in the Letter of Conditions dated November 06, 1995, and .
the FmHA F",..._ 1942-47 "Loan Resolution":
That the county Board of Commissioners approves as shown on Fv..._ FmHA
442-7 "Operating Budget", the proposed budget:
That the Chairman and Clerk be authorized to execute all forms
necessary to obtain a loan from the Rural utility Service (RUS),
including, but not limited to the following forms:
Form FmHA 1942-47 Loan Resolution
F",...w FmHA 1942-46 Letter of Intent
F.......w FmHA 442-7 Operating Budget
F""...w FmHA 400-4 Assurance Agreement
F.......w FmHA 400-1 Equal Opportunity Agreement
Form FmHA 1940-1 Request for Obligation of Funds
Fv...w FmHA 1910-11 Applicant certification Federal
Collection Policies
Form AD-1047 Certification Regarding
Debarment...
Exhibit A.1, 1940-Q certification for Contracts,
Grants and Loans
That if the interest rate charged by FmHA should be changed between
this date and the date of actual loan approval, the Chairman and
Clerk be authorized to execute new forms reflecting the current .
interest rate and revised payments as required by the RUS:
That the Board of Commissioners elects to have the interest rate
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 will be as follows, once the
improvements are in operation:
Residential--
Minimum $13.00 per 2,000 gallons of water usage
Allover 2,000 gallons - $2.50 per 1,000 gallons
Commercial--
Minimum $19.00 per 2000 gallons of water usage
Allover 2,000 gallons - $2.50 per 1,000 gallons
This resolution to become a part of the official minutes of the Board
meeting held on November 06, 1995. MOTION MADE BY
.c Mm.. 1M a.;~ H.J}
SECONDED BY Dc........ {,},d r~. ~r TO ADOPT THE RESOLUTION.
MOTION PASSED $' TO 0
ATTEST: f\ttw 4.. &M-~J.. cWJ j BY:~~/
CnERK I~-
.
~ ___ __n_...._...___ __. _
united states Rural utility service 243
Department of 1027 Highway 70 West, suite 219 -
Agriculture Garner, North Carolina 27529
November 06, 1995
Southwest Water and Sewer District, Phase II
c/o Harnett County Board of Commissioners
P. O. Box 759
Lillington, North carolina, 27546
. Dear Sirs:
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
$880,000.00.
If the Rural utility service (RUS) makes the loan, vou mav
make a written reauest t~at tpe interest rate be the lower
of the rate in effect at the time of loan aooroval or the
time of loan clos!na. if vou do not reauest the lower of
the two ipterest rates. the :t.nt~rest rate charaed will be
the rate in effect at the time of loan aooroval. 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 vou want the lower of the two rates. your
wri tten reauest should be submi tted to RUS as soon as
oractical. In orq.er' t:9 - ~;YQ:i.d oQs~ibJ.e delavs in loan
closina such a reauest shQuld ordinarilY be submitted at
least 30 calendar days before loan closina.
. Any changes in proj ect costs, source of funds, scope of
services or any other significant changes in the project or
applicant must be reported to and approved by the RUS by
written amendment to this letter. Any changes not approved
by RUS 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 the conditions set forth in this letter are not met
within 12 months from the date hereof, RUS reserves the
right to discontinue the processing of the application.
REPAYMENT SCQEPUL~
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 installments will be
interest only installments.
. INTERIM FINANCING
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, the RUS 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.
~.~ " .~-~..-. ----~- .~---,_.
24.4
SECURITY
Security for the loan will consist of a General
Obligation Water Bond authorized and prepared .
1n
accordance with FmHA Instruction 1942-A, subsection
1942.19. The Rural utility Service 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 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 devel'wthuent 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 Act of 1973. .
j. Age Discrimination Act of 1975.
ACCOUNTING. AUDJ,r.S. AND ~.EPORTS
Accounting and aUditing will be established and
maintained in accordance with the requirements of North
Carolina General statutes, FmHA Instructions 1942.17(q)
and appropriate OMS circulars. The audit report is to
be in accordance with OMS Circular A-128 for the
year(s) in which the appropriate amount of Federal
Assistance . received and in accordance with RUS
1S
requirements set forth in FmHA Instructions 1942-A,
section 1942.17(q) for other years. The District is to
provide RUS a copy of their Audit Contract. A copy of
the annual audit report will be provided RUS 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 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 RUS loan(s). The District may
make a written request to provide less coverage, along
with justification, to RUS for their review and
decision on the request.
".
---- -----
. ,)/i~
The public liability and property damage l.nsurancet:~C" 11...,~ '..J
requirement should 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.
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 as required by North Carolina General
statutes.
FINAL PLANS AND CQN~TRUC~IO~ CONTRACT DOCUMENTS
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 RUS must be notified and
a revised Preliminary Engineering Report with the new
budget must be submitted. Any changes not approved by
RUS 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 accentable material. IN ANY CASE WHERE THE
APPLICANT PROPOSES TO AWARD A CONTRACT (OR CONTRACTS)
TO A BIDDER OTHER THAN THE APPARENT LOW BIDDER, THE
APPLICANT MUST FIRST OBTAIN CONCURRENCE FROM THE RUS
. STATE DIRECTOR BEFORE TAKING ACTION TO AWARD THE
CONTRACT (OR CONTRACTS). RUS reserves the riaht not to
concu~ ~n ~nv Q~t~~Qt ~her~ this 90licv is ~ot
followed. - Concurrence by the RUS State Office
Engineer must be obtained prior to negotiating with
contractors subsequent to opening bids. RUS 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 to
the RUS.
OPERATING BUDGET
A water system operating budget must be adopted by the
applicant after approval by the RUS. 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 the RUS
RULES AND REGULATIONS
Water system rules and regulations must be submitted
to RUS 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
a mandatory hookup ordinance and agrees in writing
to enforce the ordinance.
'). 46.'
L"-.
WATER PURCHASE/TREATMENT CONTRACT
The District must obtain a water purchase/treatment
contract with the Harnett County Water Treatment
Plant that will provide for sufficient water to
meet the needs of the District. Attached F......... FmHA
442-30, Water Purchase contract, can be used or
used as a guide. The contract must be approved
by RUS prior to loan closing or the or start
of construction, whichever occurs first.
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
funding needs will be re-assessed before loan Closing
or start of construction, whichever occurs first.
DEBARMENT CERTIFICATION
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-1048, Certification regarding 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
DEBT COLLECTION POLICIES
The District will acknowledge receipt of debt
collection policies by executing Form FmHA 1910-11,
"Application Certification, Federal Collection Policies
For Consumer or Commercial Debts", prior to loan
approval.
DISTRICT'S CONTRIBUTION
,
The District is to deposit $2,000.00 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 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 COMP~~SA~~ON paR ~~ICIENCIES
"The Dis~rict agrees that, in the event of deficiencies
in develQPmeqt, 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 enqineer, 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".
--------- --------- --
?117
.",.,., -~1" ~
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 RUS
concurrence. FmHA forms and/or guides are available
for use by the District when appropriate.
MITIGATION MEASURES REQ.UIRED TO AVOID ADVERSS
ENVIRONMENTAL IMPACT
The fOllowing measures must be accepted and agreed to
. by the District prior to loan approval:
Erosion:
Sediment and erosion control measures will be strictly
adhered to at stream crossings. specifications and
permits will require topography of the area to be
restored to pre-project conditions. No fill or
excavation (other than required to install the project
will be allowed. Vegetation will be restored as quickly
as site conditions allow. state personnel form the NC
Department of Natural Resources typically monitor
construction activities on a regular basis and strictly
enforce floodplain/wetland erosion control measures. An
Erosion and Sediment Control plan will be required by
the NC Erosion and Sediment Control Act of 1973, and
must be filed with and approved by the Ne Department of
NRCD.
Wetlands:
To eliminate the possibility of the water system
accommodating future development within designated
. wetlands, the following future service restriction will
be adopted and enforced by the District:
Southwest Water and Sewer District, Phase III
Restriction on Future Water Service to Protect Wetlands
The District will not install a new water service or
will not agree to otherwise provide water service to
any structure, dwelling, building or other
improvements, which is located in whole or in part
within designated wetlands, and which is not already
existing, established and c,......~leted on or before the
final completion date and placement in operation of the
proposed improvements.
Designated wetlands for the District's service area are
identified on National Wetlands Inventory Maps prepared
by the U. S. Department of Interior, Fish and wildlife
Service. The 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 prior
consent of the Rural utility Service of the United
States Department of Agriculture, and agency of the U.
S. Government.
Farmland Impact:
The are no mitigation measures proposed for this
project regarding farmland impact. The project consist
of adequately designed water lines without excess
capacity to provide basis for farmland conversion
impact except in a designated growth corridor.
v__...~_ _ "___~_~_~_"_.~. _ n_'_ __,,~____
248
All applicable items set out in Form FmHA 442-13, .
Processing Checklist, Public Body, apply ~o. th1S
project and become a part of the Letter of Cond1t1ons.
sincerely,
. L}M, ~
E. McLamb
evelopment Manager, REeDS
.
Enclosures
Position 5
USDA-FmHA FORM APPROVED
Form FmHA 1942-47 OMB. No. 0,7S-001S
(Rev. 1-90) LOAN RESOLUTION
(Public Bodies)
A RESOLUTION OF THE Board of CornmisS1QD~r,1?
OF THE Southwest Water and Sewer District - Harnett County, NC
AUTIlORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A
PORTION OF TIIE COST OF ACQUIRING. CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS
Water System
FACILITY TO SERVE AN AREA LA WFULL Y WfI1llN ITS JURISDICTION TO SERVE.
WHEREAS, it is necessary for the Southwes t Water and $~wer District
(public Body)
(herein after called Association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amowlt of
Eight Hundred Eighty Thousand (880.000.00)
pursuantto the provisions of Loacl Goveinnlent Bond Act (GS 159-43 ET Sea. ) ; and .
WHEREAS, the Association intends to obtain assistance from the Fanners Home Administration, United States Department of Agri-
culture, (Herein called the Government) acting under the provisions of the Consolidated Fann and Rmal Development Act (7 U.S.C.
1921 et seq.) in the planning. fmancing, and supervision of such undertaking and the purchasing of bonds lawfully issued, in the event
that no other acceptable purchaser for such bonds is found by the Association:
NOW uu,REFORE. 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 containing such
items and in such forms as are required by State statutes and as are agreeable and acceptable to the Government.
2. To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time
it shall appear to the Government that the Association is able to refmance its bonds by obtaining a loan for such purposes
from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods
of time as required by section 333(c) of said Consolidated Fann and Rural Development Act (7 U.S.C. 1 983(c)).
3. To provide for, execute, and comply with Form FmHA 4004, "Assurance Agreement," and Form FmHA 400-1, "Equal
Opportunity Agreement," including an "Equal Opportunity Clause," which clause is to be incorporated in, or attached
as a rider to, each construction contract and subcontract involving in excess of $ 10,000.
4. To indemnify the Government for any payments made or losses suffered by the Government on behalf of the Association.
Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legal per-
missible source.
5. That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any cov-
enant or agreement contained herein or in the instruments incident to making or insuring the loan, the Government at
its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and pay-
able, (b) for the account of the Association (payable from the source of funds pledged to pay the bonds or any other
legally pennissible source), incur and pay reasonable expenses for repair, maintenance, and operation of the facility
and such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession of the
facility, repair, maintain, and operate or rent it. Default under the provisions of this resolution or any instnunent incident to the
making or insuring of the loan may be construed by the Government to constitute default under any other instnunent
held by the Government and executed or asswned by the Association, and default under any such instrument may be
construed by the Government to constitute default hereunder. .
6. Not to sell, transfer, lease, or otherwise encwnber the facility or any portion thereof, or interest therein, or permit others
to do so, without the prior written consent of the Government.
7. Not to deface the bonds, or to borrow money. enter into any contractor agreement, or otherwise incur any liabilities
for any purpose in connection with the facility (exclusive ofnonnal 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 readily marketable securities backed
by the full faith and credit of the United States. Any income from these accounts will be considered as revenues of the system.
9. To comply \vith 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 accwnulated over and above that needed to pay ~t""'''"ting 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 facility financed by FmHA. No free service or use of the
facility will be permitted.
- --_..~
~) r:1,q
~= l{ '~~
-2-
II. To acquire and maintain such insurance and fidelity bond coverage as may be required by the Government,
12. To establish and maintain such books and records relating to the operation of the facility and its fmancial affairs and ~o
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 Govenunent 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 00" ~____ent may ascertain that the Association is complying with the provisions
hereof and of the instnunents 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 a.t'I"~ /al 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..",....sions or improvements to the facility.
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 all 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 failure to provide 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 $ N / A
under the tenns offered by the Government; that the Chairman
and Clerk of the Association are hereby authorized and empowered to take all action necessary
or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant; and
to operate the facility under the terms offered in said .......: 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 as 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 Govenunent or assignee
The vote was: Yeas S- Navs 0 Absent ()
. IN WITNESS WHEREOF, the Board of Conmissioners of the
Southwest Water and Sewer District . has duly adopted this resolution and caused it
to be executed by the officers below in duplicate on this (o'\-L davof '" () I.o...e..l'\o(.. h 1'/1 ) I q 9s,
(SEAL) By #H~
Attest: Title Chainnan 1/
K rL.-~ ' 1>. tdlt1.ALf' J( (},}7 d
Title Clerk
-3-
CERTIFICATION TO BE EXECUTED AT LOAN CLQSI~ W
ou est ater
I. the undersigned, as Clerk . of the and Sewer District
.herebY certifY that the Board of Commissioners of such Association is composed of
S- members, of whom. 3 . constituting a quorum, were present at a meeting thereof duly called and
held on the iDh. day of -ALt>\1 em h e~ , '915; and that the foregoing resolution was adopted at such meeting
by The vote shown above, I further certifY That as of ,
the date of closing of the loan from the Fanners Home Administration, said resolution remains in effect and has not been rescinded or
amended in any way.
Dated, this day of ,
Title Clerk
* U.S.GPO: 1990-0-717-014/22842
-p---'-- - --_.- -.- - --.--------. -_..---.---------,--~--~~-~------,-_.. ---_.~-- ----,~- ----- ---.-----,
?50 ------
I'OR~I APPROVED
m.1B :-':0. 0575-0015
UNITED STATES DEPARTMENT OF AGRICULTURE
FARMERS HOME ADMINISTRATION
Fonn FmHA 1942-46
(Rev. 9-89)
LETTER OF INTENT TO MEET CONDITIONS
Date November 6, 1995
TO: Fanners Home Administration .
United States Department of Agriculture
1027 HIGHWAY 70 W, SUITE 219
GARNER, NC 27529
(County Office Address)
We have reviewed and understand the conditions set fourth in your letter daterl
November 6, 1995
It is our intent to meet all of them not later than November 6, 1996
We are also requesting that we be given the interest rate in effect at the time of loan approval or at the time of loan
closing, whichever is lower. In otherwords, we want the lowest interest rate possible
SOUTHWEST WATER & SEWER DISTRICT OF HA.
r/;Z:;::?z
BY ~ --
A' '"' / ~~
H. L. Sorrell, Jr. Chal
USDA-FmHA Posi lion 3 Schedule I
Form FmHA 442-7 OPERATING BUDGET .
(Rev. 8-12-76)
Name Address
SOUTHWEST WATER & SEWER DISTRICT OF HARNETT P. O. BOX 759, L1LLINGTON
COUNTY
Applicant Fiscal Year COlmty I State (Including ZIP Code)
From JULY 1 To JUNE 30 HARNETT NC 27546
1996 First Full Year
OPERATING INCOME (1) (2) (3) (4) (5)
l. WATER SALES 604.000 735.287
2. TaD Fees 15.000 I 10.000
3. I
4. I
5. Miscellaneous I
6.Less: Allowances and ( )I( ) ( >I< ) I ( )
Deductions
7. Total Operating Income $619,000 $0 $0 $0 $745,287
(Add Lines I through 6) .
OPERATING EXPENSES
8. SALS/BENESIWAGES 120.000 150.000 .
9. UTILITIES 25.000 I I I I 30,000
1O.BULK WATER 180,000 I I I 235,000
Il.MAINTENANCE 25,000 I I - 25,000
12.1NSURANCE 4,000 I I l 4,500
13.CONTRACT & PROFES 8,000 I I I 10,000
14.MSC 8,000 I I I 10,000
IS. Interest (FmHA) 178,189 I I I I 224,000
16. Depreciation 84.875 I I I 102,500
17. Total Operating Expense 633,064 o I 0 I o I 791,000
(Add Lines 8 through 16)
18. NET OPERATING INCOME ($14.064) $0 $0 $0 ($45,713)
(LOSS) (Line 7 less 17) I I j I
r'>, r- "'1
i~:,~_~: ~~) ...l\-
NONOPERATING INCOME
19.
20.
21. Total Nonoperating Income 0 0 0
(Add 19 and 20) 0 0
22. NET INCOME (LOSS) $0 ($45,713)
(Add Lines 18 and 21) ($14,064) $0 $0
(transfer to line A Schedule 2) .
. Budget and Projected Cash Flow Approved by Governing Body
. Attest: :/i3 I. f<laA~d 11- h -9!(,
-r ~ Secretary Date
r . ./: '-'L 11~t't1-9,
/. v I' Y Appropriate Official Dale
Schedule 2
PROJECTED CASH FLOW
I I First
1996 Full Year
A. Line 22 from Schedule 1 Income (loss) (14.064) 0 0 0 (45.713)
Add
B. Items in Ooerations not Reauirine- Cash:
1. Depreciation (line 16 Schedule 1) 84.875 102.500
2. Others:
C. Cash Provided From:
1. Proceeds from FmHA loan/grant 880.000
2. Proceeds from others 2.000
3. Increase (Decrease) in Accounts Payable, Accruals
and other Current Liabilities
.. Decrease (Increase) in Accounts Receivable, Inventories
and Other Current Assets (Exclude Cash)
5. Other: Sale of BAN 880.000
6.
D. Total all A, B, and C Items 1.832.811 0 0 0 56.787
E. Less: Cash Exoended for;
1. All Construction, Equipment and New Capital Items
(Loan and Grant funds) 880.000
2. Replacement and Additions to Existing Property,
Plant and Equipment 15.000 10.000
3. Principal Payment FmHA Loan 32.500 - 40.218
4. Principal Payment Other Loans
5. Other: ReDav BAN 900,000
6. Total E 1 through 5 1.827.500 0 0 0 50.218
Add
F. Beginning Cash Balances
G. Ending Cash Balances (Total of D Minus E 6 Plus F) 5,311 0 0 0 6,569
Item G Cash Balances Comoosed of:
Construction Account
.evenue Account
ebt Payment Account
O&M Account 5.311 6.569
Reserve Account
Funded Depreciation Account
Others:
Total - Agrees with Item G 5,311 0 0 0 6,569
I
--.----- -----'"------~-_.--~ ~~--- - - --~---- ~~-----~- -
25?
Position 3
USDA-FmHA FORM APPROVED
Form FmHA 400-4 ASSURANCE AGREEMENT OMB. No. 0575-0018
(Rev. 10-94) (Under Title VI, Civil Rights Act of 1964)
The SOU III WEST WATER & SEWER DISTRI;CT OF HARNETT CO
(name of recipient)
P. O. BOX 759. LILLlNGTON NC 27546
(address) .
("Recipient" 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 15, and Fanners Home Administration regulations promulgated thereunder, 7 C.F.R. ~ 1901.202. In accordance with that Act and the regulations referred to above, Recipient
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. ~ 14.2) no person in the United States shall, on the ground ofrace, color, or national origin, be excluded from
participation in, be denied the benefits of, or be othemise subjected to discrimination.
1. Recipient agrees that any transfer of any aided facilitY, other than personal property, by sale, lease or other conveyance of
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 Fanners 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 facilities 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 Federal financial assistance, 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 p."......./.
(c) As to any other aided facility or activity, until the last advance offunds 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 assistance 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.
Rights and remedies provided for under this agreement shall be cumulative.
In witness whereof,sOU I II WEST WATER & SEWF}R D~STRICT OF HARN on this
(name of recipient)
date has caused this agreement to be executed by its duly authorized officers and its seal affixed hereto, or, if a natural person, has
hereunto executed this agreement. /"~~
/H. L. s6i rell, Jr. ~an Recipient
(S E A L) November 6. 1995
!\CL~6' ,6. f{t'fLrLtJUll7 A 1 Date
Attest: t.~ .r _, k.
Title Title
PuMe "portin~ bvrt/l'n lor tIJJs roIIedion 01 Jnlol77J4lion Js l'S/im,ll'II 10 IVl''''~l' /.f C1i.=vll'S per response. int'lvtlJng Illl' IJml' lor re,Jl'riog ios/met/oos. Sl'I~ng t'J7'slin~ tI,l, SDUJrt'$, g,lIJerin/ .
,otl mllbllioiog Ihe tlIII ol'l'tll't/. 11m! t'omp/l'liogl1..11 re,Jt>..JbgllJe t'O/Jeclioo 0/ inlommJoo. Senti t'omml'ols reprtfioglllJs lIurtft>o esl,inl1le or 11.~' olher I1spi!<"1 olll1ls t'O/li!<"{JtJII 01 iolol11lll/oo.
int'liltIJol S1Jl.(l'sIJocs I<lr rMvt'Jog Mil' bvr.fen. I.' Pl'partmeot ol.l.fnt'ullure. ('Jeann::t' OI/iCer. Ol&v. ,Ie Dor ~P. hsJ;JIl.,IM. DC .iv.:~J.' O,7t1 10 Illl' omel' 01 -Vanl,f~nl anti Bv,qet.
f'apf'lTrJrk liWudJon project. (tl-VD #0. 115?5-1J{l19) ,.slJioglon. DC .'t'MJ f'luSt' C{) .10-" h'nllhW tllJS lonn 10 dbf'r ollbeSt' atltlfPSSt's Ferr.nllo !}Pili oni.f.
o u.s. GOVERNMENT PRINIlNG OFFICE: 1994 - 1-656-241
--------
253
UNITED STATES DEPARTMENT OF AGRICULTURE OMB No. 0575-0018
Form FmHA 400-1
(Rev. 7-19-83) FARMERS HOME ADMINISTRATION
EQUAL OPPORTUNITY AGREEMENT
This agreement, dated November ft 1995 between
- - . --' ,
SOL III ~EST WATER & SEWER DI~rmCT OF HARNETT C
(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 . Secretary') 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 performed by Recipient or a construction contract financed with such financial assistance exceeds $IO,OOO--unless
exempted by rules, regulations or orders of the Secretary of Labor issued pursuant 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 relevant 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 aid of such financial assistance, the foHowing "Equal Opportunity Clause":
During the performance of the contract, the contractor agrees as foHows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without 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 . ...... illtment 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 or on behalf of the contractor,
state that all qualified applicants will........;..e consideration for employment without regard 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 Horne Administration,
advising the said labor union or workers' representative of the contractor's commitments under 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 all rules.
regulations and relevant orders of the Secretary of Labor and of any prior authority which remain in effect.
(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 Horne 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.
(f) 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 of Federally Assisted
construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of
September 24, 1965, or by rule, regulation or order of the Secretary of Labor or as provided by Law.
(g) The contractor will include the provisions of this Equal Opportunity (Federally Assisted Construction) clause in
every subcontract or purchase order. unless exempted by the rules, regulations, or orders of the Secretary of Labor
issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will
be binding upon each such subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the Farmers Horne Administration may direct as a means of enforcing such
provisions, including sancVons for noncompliance: Provided, however, 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
Fanners Home Administration, the contractor may request the United States to enter into such litigation to protect
the interest of the United States.
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.
. J. To notify all prospective contractors to file the required 'Compliance Statement', form FHA 400-6, with their bids.
4. Form AD-425, 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.
5. 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-560, Certification of
Nonsegregated Facilities, to submit the Monthly Employment Utilization Report, Form CC-257. as required and such other
information as they may require the supervision 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 entering 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.
-- ----"-"'~~~-'- ---.~--- - -.~------ - -~, .--.
? 5 4. That if Recipient fails or refuses to comply with these undertakings, the Fanners 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 further assistance under the program involved 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.
SOU 111 wEST WATER & SEWER DISTRIC
(CORPORATE SEAL) N_of 7;::; .'
Attest: &-o.AdjuUC.~ BY~' _ .~L .
!\{L.("J' if / H. L. Saffell, Jr. ~rman
Secretary
U;:'UA-rmttA FORM APPROVED
FonnFmHA 1910-11 OMB. No. 0575-0127
(Rev. 9-89) APPLICANT CERTIFICATION
FEDERAL COLLECTION POLICIES FOR CONSUMER OR COMMERCIAL DEBTS
The Federal Government is authorized by law to take any or aU of the following actions in the event your loan payments become delinquent
or you default on your loan:
Report your name and accoWlt information to a credit reporting agency.
Assess interest and penalty charges for the period of time that payment is not made.
Assess charges to cover additional administrative costs incurred by the government to service your account.
Offset amounts to be paid to you under other Federal Programs.
Refer your account to a private collection agency to collect the amount due.
Foreclosure on any seeurity you have given for the loan. .
Pursue legal action to coUeet through the courts.
Report any written off debt to the Internal Revenue Service as taxable income.
If you are a current or retired Federal employee, take action to offset your salary, or civil service retirement benefits.
Debar or suspend you from doing business with the Federal Government either as a participant or principal throughout the
executive branch of the Federal Government for the period of debannent or suspension.
Any or all oftbese actions may be used to recover any debts owed when it is deteImined to be in the interest of the Gov....~ent to do so.
--,-
CERTIFICATION: Uwe have read and lIwe understand the actions the Federal Government may take in the event that Uwe fail to meet
my/our scheduled payments in accordance with the terms and conditions of my/our agreement. JJwe understand that the above list is not all
inclusive and that the Federal Government may deem additional actions necessary to collect should Uwe become delinquent.
(Signature -Indillidual(s)) (Date) (Signature-Indillidual(s))) (Date)
----------------------------------------------------------------------------------------------
SOUTHWEST WATER & SEWER .
DISTRICT OF HARNETT
COUNTY
(SEAL) ~-~
~ ~
/ - ~ofAU~Officlal)
H. L. Sorrell, Jr. Chainnan
ATTEST: (fitle of Authorized Entity Official)
K AA..X t. f.iCa..t1-dU1./1d P. O. BOX 759, LILLlNGTON
. (Signature of Attesting Official)' (Address)
Cl.t., l ~ t(u... .1 OMcl NC 27546
(fitle of Attesting Official) (City, State. and Zip Code)
Public reporting burden for thia coUection of infonnation is estimated to average 1 hour per response. including the time for reviewing instructions, searching emting data sources.
gathering and maintaining the data needed, and completing and reviewing the coUection of infonnation. Send comments regarding this burden estimate or any other aspect of thia
coUection ofinfomwion, includingsusgestions for reducing the burden, to Department of Agriculture. Clearance Officer. OIRM. Room 404-W. Wuhington, DC 20250; and to the
-----
r) r:: ~
f'Y')""';
.,= '<.:Ie:
CERTIFICA TION FOR CONTRACTS, GRANTS AND LOANS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the Wldersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress in connection with
. awarding of any Federal contract, the making of any Federal grant or Federal
loan, and the extension, continuation, renewal, amendment, or modification of
any Federal contract, grant or loan.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant or loan, the Wldersigned
shall complete and submit Standard Fonn - LLL, "Disclosure of Lobbying Activities,"
in accordance with its instructions.
3. The undersigned shall require that the language of this certification be
included in the award docwnents for all sub awards at all tiers (including -
contracts, subcontractors, and sub grants under grants and loans) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
. certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
sou 1.tuVEST WATER & SEWER DISTRICT OF HARNETT COUN
bY/t{6~
H. L. So rell, Jr. airman
1/- C6 -9,~
Date
U.S. DEPARTMENT OF AGRICULTURE
. Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 7 CFR part 3017, Section 3017.510, Participants' responsibilities.
The regulations were published as Part IV of the January 30, 1989, Federal Register (pages
4722-4733). Copies of the regulations may be obtained by contacting the Department of
Agriculture agency offering the proposed covered transaction.
(BEFORE COMPLE.L,U"" CERTIFICATION, READ :INSTRUCTIONS ON REVERSE)
(1) The prospective primary participant certifies to the best of its knowledge and belief,
that it and its principals:
.-'
---.-
256
(a) are not presently debarred, suspended, proposed for debarment, declared
ineligrble, or voluntarily excluded from covered transactions by any Federal
department or agency:
(b) have not within a three-year period pre--~.ng this p__r.sal been convicted of or
had a cinl judgment rendered against them for.__,,,., lssion of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal. state or local) transaction or contract under a public transaction:
nolation of Pederal or state antitrust statutes or cCllmD1ssion of ~,,:. ..zzl.." _..,t,
theft, forgery, bribery, falsification or destruction of records, making false -
statement., or receinng .tolen property;
(c) are not presently indicted for or otherwise cr1.m1nally or c1vi.lly charged by a .
governmental entity (Federal, state or local) with COIIIIII1..sion of any of the
offenses enumerated in paragraph (1) (b) of this certification; and
(d) have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, state or local) terminated for cause or
default.
(2) Where the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
SOUTHWEST WATER & SEWER DISTRICT OF HARNETT COUNTY
Organization Name PR/Award N ,.,,:. _r or Project Name
H. L. Sorrell. Jr. Chairman
Name and Title of Authorized representative
d ky; November 6. 1995
(/ I" Y
Signature / Date
INSTRUCTIONS FOR CERTIFICATION .
1. By signing and submitting this form, the prospective primary participant is providing the
certification set out on the reverse side in accordance with these instructions.
2. The inability of a person to provide the certification required below will not
necessarily result in denial of participation in this covered transaction. The
prospective participant shall submit an explanation of why it cannot provide the
certification set out on this form. The certification or explanation will be considered
in connection with the department or agency's determination whether to enter into thi.
transaction. However, failure of the prospective primary partlcipant to furnish a
certification or an explanation shall disqualify such person from participation in this
transaction.
3. The certification in this clause is a material representation of fact upon which reliance
was placed when the department or agency determined to enter into this transaction. If
it is later determined that the prospective primary participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency may terminate this transaction for cause or default.
4. The prospective primary participant shall provide immediate written notice to the
department or agency to whom this proposal is submitted if at any time the prospect,ive
primary participant learns that its certification was erroneous when submitted or bas
become erroneous by reason of changed circumstances.
5. The terms "covered transaction," 11 deba.rred, 'I " suspended," "ineligible," "lower tier
covered transaction," "participant," "person," "primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of the rules implementing
Bxecutive Order 12549. You may contact the department or agency to which this proposal
is being submitted for assistance in obtaining a copy of those regulations. .
6. The prospective primary participant agrees by submitting this form that, should the
proposed covered transaction be entered into, it sball not knowingly enter into any lower
tier covered transaction with a person who is debarred, suspended, declared ineligible.
or voluntarily excluded from participation in this covered transaction, unJ.es. authorized
by the department or agency entering into this transacUon.
7. The prospective pr1mary participant further a._~..s by submitting this form that it will
include the clause titled "Certification Regarding Deba,.",... t. suspension. Ine1.1g1b11.1 ty
and Voluntary Bxclus10n - Lower Tier Covered Transactions," provided by the depa,.~" _.Dt or
agency entering into tbis covered transaction, witbout modification, in all lower tier
covered transactions and in all so11citations for lower tier covered transactions.
B. A participant in a covered transaction may rely upon a certification of a pros,pective
participant in a lower t1er covered transact10n that it i. not debarred. suspended,
ineligible, or voluntarily excluded from the covered transaction, unless 1t knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligrbi1ity of its principals. Bach participant may, but is not
required to, check the Nonprocurement List.
'" C" "7
L' ';') ...
51. Nothing conbained in the ~oregoing aball be consbrued to require establishment o~ a ~""="'" ~" -~
:r:::: o~ ~:C1:l'da l~a:dea: to rendeI' in good ~aith the cel'tinoation I'equired by this
vlU.ch 18 ~ &I\ci 1~Ol:lD&bion o~ a PU~1C1ipant:; i8 not requ1red to .XC~ that
dealings. noma Y po.....ed by a prud8nt: person in the ol:d1nary cOur.. o~ baain.a.
10. :=;~=i~ortt~ansactions authorized under paragraph 6 of these instructions, 1~ a
transacb:n ~~ covered transaction knowingly enters into a lower bier covered
~ram part~~i;atio~ :r:~ W:o is suspended, debarred, ineligible, or voluntarily excluded
Federal Gave s ransaction, in aclditJ.on to other.. _..._Jies available to the
de~ault. rnment, the department or agency may teJ:m1nat. this transact,10n ~or cau.. or
.
TO: SOtITHWEST WATER AND SEWER DISTRICT
DATE: November 06, 1995
: Identifying and Reporting FmHNRDA Assistance
to FmHAlRDA Employees, Relatives, and Associates
.'- -
To assure the high standards of honesty, integrity, and impartiality maintained by
FmHA/RDA employees, we need to identifY any FMHA/RDA assistance to be
provided to FmHA/RDA employees, their relatives, or their business or close
personal associates. This includes insured or guaranteed, loans or grants, to
. individuals or organizations. If you know of any relationship or assocaition you
may have with an FmHAlRDA employee, County Committee member, or closing
agent, please notifY the local FmHA/RDA office processing your application.
Your response will allow us to make special provisions for processing, but
will not affect your application status. Thank you for your cooperation. -
- -
-
- Mcffl~
Manager
.
,
I
nc____ _.__ ---~-.
258
Attachment 8.
Memoran~,'~,~ .,f Understandinl
This Memorandum of Understanding is between Western Medical Group and the County of
Harnett. It specifies the terms and conditions for tbe Counties use of a room iD the facility known as
the "old dental clinic" located behind the Medical Center in Anderson Creek, North CaroliDa.
The County, as the agent for its Departments, shall have use of certain rooms iD the AndersoD .
Creek Complex known as "the old dental buildiDg". The COUDty shall utilize this space as a
"Community Outreach CeDter or Community Resource Center" for the citizens of Anderson Creek.
In addition to Social Services, the space may be used by; Mental Health, Public Health,
Employment Security CommissioD or other agencies as allowed by the County.
Western Medical Group agrees to provide the room or rooms to the County at no cost for rent. The
County will be responsible for a portion of the utilities based on the percentage of the total space
used and may bill the various Departments for appropriate portions of the space they use. At no time
will any bill be higher than the actual cost to the County or department.
Western Medical Group is responsible for the structural maintenance of the building. Needs
relating to the heat or air conditioning will be negotiated between the County and Western Medical
Group, if needed. Small, incidental needs will be the responsibility of the County for the space
utilized only. This includes such things as light bulbs, etc. The County will be responsible for
installation and maintenance of telephone lines utilized by each Department with billiDg of such
lines being the responsibility of the Department making use of said lines. Each Department will be
responsible for the installation and maintenance of cable or twisted pair IiDes for data use. Each
Department will be responsible for assisting with the cost of information concerning the site
including the sign or signs or other informational, or out reach efforts to the community.
Western Medical Group agrees to provide janitorial services, including trash pickup, to the facility.
There may be a nominal cost to the County who, ill turn may pass this cost on to each agency for
such sernce.
The County agrees to make no structural changes to tbe room or facility witbout tbe express .
written permission of the Western Medical Group. It is also understood tbat the WIC Program and
Western Medical Group bas first priority wben scheduling space.
The a~reement will remain in effect until terminated and may be altered or terminated on sixty (60)
days written notification by eitber Western Medical Group or tbe County or, in the case of agency
services, by a member agency with the Department wbo will coordinate agency services.
~;. c7:.&~ J ;f (J 1tf
F.;/OO~d Date
/ /.- h - 9 j
,county Of Hamtt - // .' '.... Date
This instrument bas been pre~udited in the manner required by the Local Government Budget and
Fiscal Control Act.
USE OF THE MEMORANDUM OF UNDERSTANDING
Any agency wishing to schedule times in the facility will sign this document and
copies will be provided to the agency, Department of Social Services, Western
Medical Group and the County Manager. Any Government employee wishing to
contact their office in Lillington or Dunn shaD have the opportunity to do so at any
time the facility is open for business by any member agency. Office space, when .
available will also be provided.
. . .
BUDGET AMENDMENTS THAT AFFECT FUND BALANCE
;l>
rt
~~ ~
("l
::T
~JY"' .l J!.MBER 30, 1995 ~
::J
rt
\.0
- .
.. . ........ .'..... ,.....', .'., ..
. ." . ,. ..... .
. ., '-,--.'" ,....... .. ,'-",' ",'
','..' .... -.- ,,'. ,'-".'. ""'::.,.'- ,......;, -.--"-','-:.:--.- -'-'., "-'--' '.'" '--. .-" .'.,
. ..............,.. 'p" AR.. ".TME..' ..... N" T."'.'" ,."....",..,.. ."0. .UNT.' ... ....,.
......"...... ... . ..... ......- -. ..... . . .....
. .....,.. . ",'" .-..... ,.....,
:'. .,:..<<:>:,:::>.I)E.,:.:..,..:... .:..'<<:'/: <:":.\i:> <<,AM... ,..,:.>.
Revenues -7,669 To budget 1995/96 Enrichment Grant funds. The county was notified on
6/26/95 that these funds would be available.
Parks & Recreation 1,450 To carry over purchase order no. 1853 from the previous fiscal year.
.i
Community Alternatives 630 To carry over purchase order no. 2543 from the previous fiscal year. I
i Cooperative Extension 874 To budget an expenditure account to refund unspent grant funds. The Smart ,,!
Start Program expended $11,703.84 of the $12,577.44 received.
I
Tax Department 1,350 To carry over purchase orders #2341,2460, and 2474 from the previous fiscal
year.
Emergency Services 180 To carry over purchase order #1713 from the previous fiscal year.
Jail 280 To cover purchase orders from the previous fiscal year.
Emergency Management 640 To carry over purchase order #2037 from the previous fiscal year.
Sheriffs Department 40,673 To cover purchase orders from the previous fiscal year. Also, fund balance
monies are needed to purchase computer equipment for the Imaging Project.
The grant was approved by the BOe at the April 3, 1995 meeting.
I
MIS Department 3,270 To carry over purchase orders #2390 and 2473 from the previous fiscal year.
Transportation Department 29,660 To carry over purchase order #1576 from the previous fiscal year. Also,
I attributable to unanticipated radio repair expense.
Sheriffs Department 7,200 To budget monies received from the insurance company for county vehicle
reoairs.
r,.." '\
,~ V
01
F:\doc\teresa\quaterl\bafblst.96 1 (J;)
r0
f"f)
"^'
0
Govemin~ Body 2,055 End of the 1994/95 fiscal year adjusnnent for the nutrition pro~ram.
Cooperative Extension 1,127 Attributable to promotion and salary increase for Robert A. Clark.
Cooperative Extension 41,460 To transfer unspent ~rant and United Way monies.
Cooperative Extension- 4,710 To budget the carryover of funds from the 1994/95 budget. These funds were
Shawtown received as the Shawtown Block Grant.
Cooperative Extension- 15,851 To budget the carryover of funds from the 1994/95 budget. These funds were
Riverside recieved as the Riverside Block Grant.
Cooperative Extension- 4,605 To budget the carryover of Americorps Project from the 1994/95 budget.
Americorps -
Cooperative Extension-CYF 14,618 To transfer the remaining grant funds from the 1994/95 budget to the 1995/96
operatin~ bud~et.
Department on Aging 74 Balance from fiscal year 94/95 for money raised by Senior Citizens for special
projects.
Revenues -8,392 To budget funds received from the Department of Public Transportation
(These grant funds are for salary & fringe benefit expenses for Ralph
Thurman, Department 5551). The funds were received Julv 31. 1995.
Social Services 9,947 To transfer unexpended donated and state allocated funds from the 1994/95
fiscal year into the 1995/96 bud~et.
TOTAL $164,593.00
1..-
F:_teresaIQua/erllbafb 1st. 96 2 . .
?C1
i--=..... ~. ,....'~ ..,.',._
Account :103990.0000 Description:FUND BALANCE-APPROPRIATED Type: R
Budgeted : 1480235.00 MTD Exp fRev: 0.00 Encumbrances: 0.00
Budget Adj.: 191190.00 YTD ExpfRev: 0.00 Balance . 1671425.00
.
DATE DESCRIPTION (Yearly) VENDOR# CHECK# P.O.NUMBER TRANS. AMOUNT
73195 BUDGET AMENDMENT 0 0 -7669.00 A
81195 AUGUST 3 BfA 0 0 1450.00 A
81195 AUGUST 3 BfA 0 0 630.00 A
81195 AUGUST 3 BfA 0 0 874.00 A
81195 AUGUST 3 BfA 0 0 1350.00 A
81195 AUGUST 3 BfA 0 0 180.00 A
. 81195 AUGUST 3 BfA 0 0 640.00 A
81195 AUGUST 3 BfA 0 0 280.00 A
81195 AUGUST 3 BfA 0 0 40673.00 A
81195 AUGUST 3 BfA 0 0 3270.00 A
81195 AUGUST 3 BfA 0 0 29660.00 A
82395 BUDGET AMENDMENTS 0 0 7200.00 A
82395 BUDGET AMENDMENTS 0 0 2055.00 A
82395 BUDGET AMENDMENTS 0 0 1127.00 A
82395 BUDGET AMENDMENTS 0 0 41460.00 A
82395 BUDGET AMENDMENT 0 0 4710.00 A
82395 BUDGET AM~1'ILlMENT 0 0 15851.00 A
82395 BUDGET AMENDMENT 0 0 4605.00 A
82395 BUDGET AMENDMENT 0 0 14618.00 A
82395 BUDGET AMENDMENT 0 0 74.00 A
92095 BUDGET AMENDMENT 0 0 9947.00 A
92095 BUDGET AMENDMENT 0 0 -8392.00 A
.
.
-- ~ .-- - -.~--, ------~-.---~..~-- -------_.------ --~-----~ -,-,- - ~---~ ---
26?
Attachment 10.
FROM: Christopher L. Carr, County Tax Attorney
RE: MONTHLY REPORT TO COMMISSIONERS AND STATEMENT OF FEES AND CHARGES
FOR THE MONTH OF October, 1995
l. Tax Suits Dismissed:
I .
NAME SUIT NO. *AMOUNT COL. . -<-*COURT ATTORNEY
COSTS FEES
1
~verasboro Townshio
Jacobs, Sandra 95 CvD 0823 1,984.35 363.61 300.00
Murray I David No CvD 560.12 75.00 75.00
Barbecue Township
Strickland, Robert D. No CvD 376.01 150.00 150.00
Blar.k River Townshin
Howard, Graham, Jr. 89 cvD 1228 22,912.07 452.60 400.00
Duke Township
Matthews, Donald No CvD 297.97 75.00 75.00
Grove Township
Byrd, Willis No cvD 534.06 75.00 75.00
McNeill, Calvin A. No CvD 372.91 75.00 75.00
Johnsonville TownshiQ
Bergman, Mary Hellen No CvD 478.92 75.00 75.00
McIntyre, James W. 95 cvD 0424 860.78 261.74 200.00
Lillinoton Townshig .
McLean, Bernes 95 CvD 0344 4,757.69 577.94 500.00
(Raynor) , Christine No CvD 281.07 75.00 75.00
Stewart's Crepk Township
Williams, Atlas No CvD 937.52 75.00 75.00
Williams, John No CvD 740.70 150.00 150.00
Subtotal S35.094.17 S2.480.89 ~.225.00
NOTE: ., Total collected includes taxes, interest and Court costs.
** Court costs includes attorney fees allowed by Court (where
suit has been commenced) .
2. Advanced Costs: None
3. New suits started during the month of October, 1995: None
4. Other Services - Services rendered in connection with
the collection of delinquent taxes;
Willie Edward Brantley (95 cvD 0420) 175.00
TOTAL CHARGE FOR "OTHER SERVICES" $175.00
SUMMARY OF CHARGES & FEES
I .
Attorney's fees - Tax Suits $2,225.00
Other Services $l75.00
Advanced Costs soo.oo
BALANCE 1 .s2... 400 . 00
{~p~.-!a~
Post Office Box 39
Lillington, NC 27546
Telephone: (910) 893-5191