02201989 (4)227
SOUTHWEST WATER & SEWER DISTRICT MEETING, FEBRUARY 20, 1989
CALL TO ORDER
BOND- ORDER
The Harnett County Board of Commissioners sitting as the governing body of
Southwest Water and Sewer District of Harnett County met February 20, 1989, in
the County Office Building, Lillington, North Carolina, with the following
members present: .Rudy Collins, Bill Shaw, Mack Reid Hudson, Mayo Smith, and
Chairman Lloyd G. Stewart presiding. Others present were: Dallas H. Pope,
County Manager; W. Glenn Johnson, County Attorney; Vanessa W. Young, Clerk to
the Board; and Kay S. Blanchard, Recording Secretary.
Chairman Stewart called the meeting to order at 10 p.m.
Attorney John M. Phelps, II, introduced the following bond order which was
read at length:
"BOND ORDER AUTHORIZING THE ISSUANCE OF $4,500,000
WATER BONDS OF THE SOUTHWEST WATER AND SEWER DISTRICT OF
HARNETT COUNTY"
WHEREAS, the Board of Commissioners of the County
of Harnett, sitting as the governing body of the Southwest
Water and Sewer District of Harnett County, deems it
advisable to make the improvements hereinafter described; and
WHEREAS, the Board has caused to be filed with the
Secretary of the Local Government Commission of North
Carolina an application for Commission approval of the bonds
hereinafter described as required by The Local Government
Finance Act, and the Secretary of the Local Government
Commission has notified the Board that the application has
been filed and accepted for submission to the Local
Government Commission; NOW, THEREFORE,
BE IT ORDERED by the Board of Commissioners of the
County of Harnett, sitting as the governing body of the
Southwest Water and Sewer District of Harnett County, as
follows:
Section 1. The Board of Commissioners of the
County of Harnett, sitting as the governing body of the
Southwest Water and Sewer District of Harnett County, has
ascertained and hereby determines that it is necessary to
provide water facilities within and without the corporate
limits of the District, including acquisition and
construction of storage tanks and distribution lines, and the
acquisition and installation of necessary machinery and
equipment and the acquisition of land or rights -in -land
required therefor, and to pay capital costs of such
improvements.
Section 2. In order to raise the money required to
pay capital costs of providing the improvements as set forth
above, in addition to any funds which may be made available
for such purpose from any other sources, bonds of the
Southwest Water and Sewer District of Harnett County are
hereby authorized and shall be issued pursuant to The Local
Government Finance Act of North Carolina. The maximum
aggregate principal amount of said bonds authorized by this
bond order shall be $4,500,000.
228.
Section 3. A District tax sufficient to pay the
principal of and interest on said bonds when due shall be
annually levied and collected. The revenues of the
facilities hereinbefore described may be pledged to the
payment of the interest on and principal of said bonds if and
to the extent that the Board shall hereafter determine by
resolution prior to the issuance of said bonds. In such
event, the tax to pay the principal of and interest on said
,bonds may be reduced by the amount of such revenues available
for the payment of such principal and interest.
Section 4. A sworn statement of the District's
debt has been filed with the clerk of the Board of
Commissioners and of the District and is open to public
inspection.
Section 5. This bond order shall take effect when
approved by the voters of the District at a referendum.
Commissioner Hudson moved the adoption of the
following resolution:
WHEREAS, the bond order entitled, "BOND ORDER
AUTHORIZING THE ISSUANCE OF $4,500,000 WATER BONDS OF THE
SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY," has
been introduced at the meeting of the Board of Commissioners
of Harnett County, sitting as the governing body of the
Southwest Water and Sewer District of Harnett County, held on
February 20, 1989 and the Board desires to provide for the
holding of a public hearing thereon and the submission of a
statement of debt in connection therewith as required by The
Local Government Bond Act; NOW, THEREFORE,
BE IT. RESOLVED by the Board of Commissioners of
Harnett County, sitting.as the governing body of the
Southwest Water and Sewer District of Harnett County, as
follows•
(1) The public hearing upon said bond order shall
be held on the 6th day of March, 1989 at 7:00 o'clock,
P.M. at
Harnett County Office Building
, in. Lillington
, North Carolina.
(2) The Clerk of the Board of Commissioners and of
the District is hereby directed to cause a copy of the bond
order to be published with a notice of - thehearing in the
form prescribed by law in a qualified newspaper no fewer
than six days prior to such public hearing.
(3)
The District's Finance Officer is hereby
directed to file with the Clerk of the Board of Commissioners
and of the District prior to publication of the bond order
with the notice of the public hearing, a statement setting
forth the debt incurred or to be incurred, the
appraised value of property subject to taxation by the
District and the net debt of the District.
The motion was seconded by
and was adopted by the following vote:
AYES: S
NAYS: 0
Commissioner Shaw
229
RESOLUTION RE:
ABSENTEE VOTING
Attorney John M. Phelps, II, introduced the following resolution providing for
absentee voting in elections held in the Southwest Water and Sewer District
of Harnett County:
RESOLUTION PROVIDING FOR ABSENTEE VOTING
IN ELECTIONS HELD IN THE
SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY
WHEREAS, pursuant to the provisions of Article 6, Chapter 162A
of the General Statues of North Carolina, the Harnett County Board
of Commissioners (hereinafter "the Board ") did, on October 17, 1988
create the Southwest Water and Sewer District of Harnett County;
and
WHEREAS, the Board now sits as the governing body of the
Southwest Water and Sewer District of Harnett County (hereinafter
"the District "); and
WHEREAS, from time to time, elections including Bond
referendums, may be held in the District, and such elections are
to be conducted by the Harnett County Board of Elections; and
WHEREAS, N. C. Gen. Stat. 5163 -302 provides that absentee
voting may be allowed in the District; and
WHEREAS, the Board finds that it is in the best interest of
the District to provide for absentee voting in the District
elections and referendums.
NOW, THEREFORE, BE IT RESOLVED, by the Harnett County Board
of Commissioners, sitting as the governing body of the Southwest
Water and Sewer District of Harnett County, as follows:
1. Absentee voting is hereby permitted in all elections
and /or referendums to be held in the District as provided in N. C.
Gen. Stat. 8163 -302.
2. The Clerk to the Board is hereby directed to cause a copy
of this Resolution to be filed with the State Board of Elections
and the County Board of Elections within ten (10) days of the date
of its passage.
3. The District, and its officers, agents and attorneys are
hereby directed to take any further actions as may be required to
perform the matters and things directed by the Resolution.
Duly adopted this 20 day of February, 1989, upon motion made
by Commissioner Collins
, seconded by Commissioner
Smith and passed by the following vote:
Ayes 5 Noes 0
By:
Vanessa W. Youn•, C1'rk
to the Board an of the
Southwest Water and Sewer
District of Harnett County
Absent 0 Abstained 0
HARNETT COUNTY BOARD OF COMMISSIONERS,
Sitting as the governing body of the
Southwest Water and Sewer District of
Harnett County
loyd G. Stewart, Chairman
230
RESOLUTION RE
WATER USER - AGREE.
Attorney John M.`Phelps, II, introduced the following resolution authorizing
Water User agreements and initial hook- up connection fees which was read
at length:
RESOLUTION AUTHORIZING WATER USER AGREEMENTS AND INITIAL
HOOK UP CONNECTION FEES
(SOUTHWEST WATER AND SEWER DISTRICT)
WHEREAS, the Harnett County Board of Commissioners, sitting
as the governing body of the Southwest Water and Sewer District of
Harnett County (hereinafter "the Board ") desires to proceed with
its plans to provide water services in the Southwest Water and
Sewer District of Harnett County (hereinafter "the District "); and
WHEREAS, in order to proceed with its plans, the Board has
determined that the District must first contract to provide water
services to a sufficient number of customers within the. District
so as to make construction of a water system therein economically
feasible, and
WHEREAS, attached hereto as "Exhibit A" is a Residential Water
User Agreement which has been recommended to be used by the
District in contracting with water customers; and
WHEREAS, the Board desires to adopt and authorize the use of
the referenced Residential Water User Agreement for the purpose
described; and
WHEREAS, in order to raise the local funds necessary to
implement the water construction project, a tap -on or connection
fee must be charged to water customers; and
WHEREAS, the Board desires to make provisions for a tap -on or
connection fee for the District in a reduced amount so as to
provide an incentive to the people in the District to contract for.
the District's water service; and
WHEREAS, the Board finds that a fair and equitable fee to be
charged during the initial contracting or early sign up period
shall be One Hundred ($100.00) Dollars; and
WHEREAS, the Board now desires to adopt such fee as the
District's initial hook up or early sign up tap -on or connection
fee.
NOW, THEREFORE, BE IT RESOLVED, by the Harnett County Board
of Commissioners, sitting as the governing body of the Southwest
Water and Sewer District of Harnett County, as follows:
1. That the Residential Water User Agreement
attached hereto as "Exhibit A" is hereby
adopted for use by the District in contracting
to provide water services to customers therein.
2. That the Director of the Harnett County
Department of Public Utilities is hereby
authorized to execute such Residential Water
User Agreements on behalf of the District.
3. That the early sign up or initial hook up
reduced tap -on or connection fee for the
District be One Hundred ($100.00) Dollars.
Duly adopted this 20 day of February, 1989, upon motion made
by Commissioner Collins , seconded by Commissioner
Smith and passed by the following vote:
Ayes S Noes 0 Absent 0 Abstained 0'
ATT T:
Vanessa W. Young,
to the Board and
.,
lore
f the
/ A411L
'1" d i. Stewart, Chairman
HARNE T COUNTY BOARD OF COMMISSIONERS,
Sitting as the governing body of the
Southwest Water and Sewer District of
Harnett County
231
EXHIBIT A
Southwest Water and Sewer District of Harnett County
RESIDENTIAL WATER.USER AGREEMENT
(Initial Hookup - Reduced Rate)
User's Mailing Address:
Name
Street, Route or P.O. Box
City or Town, State, Zip
Number of Persons Living in
Household
AMOUNT PAID
RECEIPT NO.
RECEIPT NO.
PROPERTY NO.
CUSTOMER NO.
LANDLORD NAME /NO.
This Agreement, made and entered into this the day of
, 19 , between the Southwest Water and Sewer
District of Harnett County, (hereinafter "District ") and
(hereinafter "User") a potential user of the water system owned and
operated by the District.
W I T N E S S E T H:
The District, in connection with the Harnett County Department
of Public Utilities, is planning to construct and thereafter operate a
water supply and distribution system (hereinafter "water system ") to
serve areas within the District. It is the desire of the District to
serve as many individuals as may be economically feasible.
Construction of the water system is contingent, among other things,
upon the District obtaining funding for the costs of construction. In
order for the District to move forward with the planning for the water
system, it is necessary for the District to obtain commitments from a
sufficient number of individuals and /or property owners to connect to
and use the water system. By signing this Agreement, in the event the
water system is constructed, the User named above agrees to connect
such User's residence, business or other building to the water system
and agrees to thereafter use such system for User's water source.
However, in the event the water system is not constructed, then
neither the District, nor the User named shall be obligated hereunder.
NOW THEREFORE, In consideration of the mutual promises herein set
forth, it is agreed by District and User as follows:
A. It is mutually understood by User and District that in the
event an adequate number of water users for the District is not
obtained or for other reasons construction of the water system is not
begun or a water distribution line is not available to the User, then
neither District nor User shall be bound hereunder.
B. The property which is the subject of this Agreement and to
which water shall be supplied as provided is described as follows:
C. User agrees to pay to District the amount of One Hundred
($100.00) Dollars per connection as a tap -on charge, said amount being
due after notice to User by District. The notice shall be given after
funding commitments for the costs of construction of the District's
water system are obtained, and shall be mailed to User by first class
mail at the address indicated above. In the event that construction
of the water system does not follow as anticipated or a water
distribution line is not available to User, District shall refund the
tap -on charge to User, without interest, and the provisions of
paragraph D(12) will become inoperable.
D. In the event that the water system is constructed and a
water distribution line is available to the User and the property
described, then the following agreements shall apply:
1. District, pursuant to its Rules and Regulations, agrees to
provide a water service connection on the above described property and
upon completion of the construction of the system and the commencement
of the operation thereof, to provide potable water to the User.
2. User agrees to pay to District the amount of Ten Dollars
($10.00) as a deposit, as required by the District Rules and
Regulations, which deposit may be returned without interest as
provided by said Rules and Regulations. Said deposit shall be due 30
days after notice to User by District and such notice shall be given
by first class mail to User at the mailing address indicated hereon.
Should this agreement be for rental property, the amount of the
deposit, as set forth in the said Rules and Regulations, shall be
Twenty -five ($25.00) Dollars. Said deposit shall be paid by or on
behalf of the tenant prior to commencement of water service.
Additionally, prior to commencement of water service, the tenant must
complete and file a tenant water application.
232
3. User grants the District, its successors and assigns, a
perpetual easement in, over, under, and upon the above described land
with the right to erect, construct, intall, lay and thereafter use,
operate, inspect, repair, maintain, replace and remove water lines,
meters, meter service facilities and appurtenant facilities thereon,
together with the right of ingress and egress over adjacent land for
the purposes mentioned above.
4. User shall install and maintain at User's own expense a 3/4
inch cut-off valve on the User's side of the District's water meter
and a service line which shall begin at the meter and extend to the
dwelling or place of use. The service line shall connect with the
water system of the District at the nearest place of desired use by
the User, provided the District has determined in advance that the
District water system is of sufficient capacity to permit the delivery
of water at that point.
- 5. User agrees to comply with all requirements, rules and
regulations applicable to water users adopted by the Division of
Health Services of North Carolina Department of Human Resources. User
further agrees that upon and after the date a plumbing connection is
made between the User and the District, User shall allow no cross
connection to exist between the District's system and any pipeline
containing a- contaminant or any pipeline connected to other present or
future sources of water.
6. User agrees to pay for water at such rates, time, and place
as shall be determined by the District and agrees to the penalties for
non - compliance with the above, as set out in the District's Rules and
Regulations.
7. It is understood that after the date water is made available
to the User, District shall notify User of such fact. Such notice
shall set forth the details regarding the making of the plumbing
connection, and shall provide information concerning User's
obligations with respect to obtaining applicable inspections and
permits regarding the plumbing connection. User shall then have sixty
(60) days from the date of such notification to make the plumbing
connection from the place of use on the above described property to
the District's system. Charges for water shall commence on the date
that the plumbing. connection is completed, but in no event later than
the end of the sixty (60) day period. That is to say, if the plumbing
connection is not completed by the end of the sixty (60) day period,
user charges shall commence and User shall be obligated to pay the .
minimum user bill from and after the end of such period, regardless of
whether water is being supplied to User.
8. User agrees to abide by the Rules and Regulations of the
District as from time to time promulgated by the District or the
Harnett County Board of Commissioners, and further agrees to abide by
such other Harnett County ordinances, rules and regulations with
respect to water service connections, as are adopted by the Harnett
County Board of Commissioners. Additionally, User agrees to obtain
the necessary inspections and permits related to water service
connections as required by the Inspections Section of the Harnett
County Planning and Development Department.
9. District shall purchase and install a cutoff valve and water
meter for each service. The District shall own said meter and shall
have the exclusive right to use it.
10. User agrees that there .shall be one water connection for
each building or structure requiring water connections on the above
described property. A tap -on charge shall be due for each such
connection.
11. District shall have final jurisdiction on any question of
location of any service line •connection to its distribution system;
shall determine the allocation of water to User in the event of a
water shortage and may shut off water to User if User allows a
connection or extension to be made to User's service for the purpose
of supplying water to another user.
12. In the event User breaches this agreement by refusing or
failing, without just cause, to connect to the District's distribution
system as set forth, User agrees to pay District $500.00 liquidated
damages; and in the event User transfers title or agrees to transfer
title to the above described property, before or after such
connection, User agrees that this agreement shall run with the
property title thereto and agrees to advise the new owner with respect
hereto and furnish new owner a copy hereof.
13. After District has executed this Agreement, a copy shall be
provided to User by mailing to the User's address as indicated above.
Signed by User this day of , 19_
User
User
1989.
Witness
Signed by District this day of
SOUTHWEST WATER AND SEWER
DISTRICT OF HARNETT COUNTY
233
RESOLUTION RE:
APPLICATION TO
FmHA .:.
ADJOURNMENT
•
A'
.y•jG. Stewart, Chairman
Attorney John M. Phelps,, II, introduced the following resolution authorizing
funding application to Farmers Home Administration for Water Facilities Project:
RESOLUTION AUTHORIZING FUNDING APPLICATION TO
FARMERS HOME ADMINISTRATION FOR WATER FACILITIES PROJECT
(Southwest Water and Sewer District)
WHEREAS, the Harnett County Board of Commissioners, sitting
as the governing body of the Southwest Water and Sewer District of
Harnett County (hereinafter "the Board ") has heretofore caused
preapplication to be filed with the Farmers Home Administration of
the United States Department of Agriculture (hereinafter "FmHA ")
for the purpose of obtaining funding to provide water facilities
within the Southwest Water and Sewer District of Harnett County
(hereinafter "the District "); and
WHEREAS, said preapplication requested funding from FmHA in
the amount of $3,760,000; and
WHEREAS, FmHA has reviewed said preapplication, and in
response thereto has suggested that the District file a formal
application for said funding; and
WHEREAS, it is the desire of the Board to make said formal
application and to cause the same to be filed pursuant to the
requirements of the FmHA.
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners, sitting as the governing body of the Southwest Water
and Sewer District of Harnett County as follows:
1. That the District file formal application with
the FmHA for the purpose of obtaining funding
for the water facilities project in the
District.
2. That said application be made requesting
funding in such amount as may be required to
provide said water facilities in an
economically feasible manner.
3. That the officers, and appropriate
representatives of the District are directed
to take such actions, and execute such
documents and papers as are required to
effectuate the filing of said Application.
Duly adopted this 20 day of February, 1989, upon motion made
by Commissioner Hudson , seconded by Commissioner
Shaw and passed by the following vote:
Ayes 5
Noes 0 Absent 0 Abstained
Lary' G.7Stewar , Chairman
HA' ETT OUNTY BOARD OF COMMISSIONERS,
Sitting as the governing body of the
Southwest Water and Sewer District of
Harnett County
Attest:
2'a �.�� ZAP• (/leu.�.,,��-cG
Vanessa W. Young, /Clerd! to
the Board and of he Southwest
Water and Sewer District of
Harnett County
There being no further business, the Southwest Water and Sewer District meeting,
February 20, 1989, duly adjourned at 10:15 p.m.
L1
Kay S.Q Blanchard, Secretary
��essay W You C�
234
SOUTH CENTRAL WATER &, SEWER DISTRICT MEETING, FEBRUARY 20, 1989
CALLTO ORDER
BOND`ORDER
The Harnett County Board of Commissioners sitting as the governing body of
South Central Water and Sewer District of Harnett County met February 20,
1989, in the County Office Building,,Lillington, North Carolina, with the
following members present:.' Rudy Collins,, Bill Shaw; Mack Reid Hudson, Mayo
Smith, and- Chairman Lloyd G. Stewart presiding;,' Others present were Dallas
H. Pope, County Manager; W. Glenn Johnson, County Attorney, Vanessa W. Young,
Clerk to the. Board; and Kay S. Blanchard, Recording Secretary.
Chairman Stewart called the meeting to order at 10:15 p.m.
Attorney John M. Phelps,'.I1, introduced the following bond order which was
•
read at length.
"BOND ORDER AUTHORIZING THE ISSUANCE OF
$2,769,000 WATER REFUNDING BONDS OF
THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY"
WHEREAS, the South Central Water and Sewer District of
.Harnett County has issued Water Bonds, dated June 13, 19887 and
WHEREAS, as of March 9, 1989 $2,769,000 of. -such bonds .
Will be outstanding (the "Outstanding Bonds "); and
WHEREAS, the Board of Commissioners of the County of
Harnett, sitting as the governing body of the South Central
Water and Sewer District of Harnett County, deems it advisable
to refund the Outstanding Bonds pursuant to and in accordance
with The Local Government Finance Act; and
WHEREAS, an application has been filed with the
Secretary of the Local Government Commission of North Carolina
requesting Commission approval of the Bonds hereinafter
described as required by The Local Government Finance Act, and
the Secretary of the Local Government Commission has notified
the Board that the application has been accepted for submission
to the Local Government Commission; NOW, THEREFORE,
BE IT ORDERED by the Board of Commissioners of the
County of Harnett, sitting as the governing body of the South
Central Water and Sewer District of. Harnett County (the
"District "), as follows:
Section 1. The Board of Commissioners of the County of
Harnett, sitting as the governing body of the District, has
ascertained and hereby determines that it is advisable to
refund the Outstanding Bonds.
Section 2. In order to raise the money required to
refund the Outstanding Bonds as set forth above, in addition to
any funds which may be made available for such purpose from any
other source, bonds of the District are hereby authorized and
shall be issued pursuant to The Local Government Finance Act of
North Carolina. The maximum aggregate principal amount of
bonds authorized by this bond order shall be $2,769,000.
Section 3. A tax sufficient to pay the principal of
and interest on said bonds when due shall be annually levied
and collected.
Section 4. A sworn statement of the District's debt
has been filed with the Clerk of the Board of Commissioners and
of the District and is open to public inspection.
Section 5. This bond order shall take effect upon its
adoption.
Commissioner Smith moved the adoption of the following
resolution:
235
ADJOURNMENT
WHEREAS, the bond order entitled, "BOND ORDER
AUTHORIZING THE ISSUANCE OF $2,769,000 WATER REFUNDING BONDS OF
THE SOUTH CENTRAL WATER AND SEWER.DISTRICT OF HARNETT COUNTY,"
has been introduced at the meeting of the Board of
Commissioners of the County of Harnett, sitting as the
governing body of the South Central Water and Sewer District of
Harnett County, held on February 20, 1989 and the Board of
Commissioners of the County of Harnett, sitting as the
governing body of the South Central Water and Sewer District of
Harnett County, desires to provide for the holding of a public
hearing thereon and the submission of a statement of debt in
connection therewith as required by The Local Government Bond
Act; NOW, THEREFORE,
BE IT RESOLVED by the Board of Commissioners of the
County of Harnett, sitting as the governing body of the South
Central Water and Sewer District of Harnett County, as follows:
(1) The public hearing upon said bond order shall be
held on the 14 day of March, 1989 at 7 o'clock p .M., at
Harnett County Office Building in Lillineton , North
Carolina.
(2) The Clerk of the Board of Commissioners and of the
District is hereby directed to cause a copy of the bond order
to be published with a notice of such hearing in the form
prescribed by law in a qualified newspaper no fewer than six
days prior to such public hearing.
(3) The District's Finance Officer is hereby directed
to file with the Clerk of the Board of Commissioners and of the
District prior to publication of the bond order with the notice
of such public hearing, a statement setting forth the debt
incurred or 6 be incurred, the appraised value of property
subject to taxation by the District and the net debt of the
District.
The motion was seconded by Commissioner Shaw and
was adopted by the following vote:
AYES: 5
NAYS: 0
There being no further business, the South Central Water and Sewer District meeting,
February 20, 1989, duly adjourned at 10:30 p.m.
1 a Stewart, Chairman
1 d . Stewart, Chairman
Kay S. Blanchard, Recording Secretary
flo-/ - it
Vanessa W. Young,
rkkreShe Board