03061989 (3)•
SOUTH CENTRAL WATER $ SEWER DISTRICT MEETING, MARCH 6, 1989
283
CALL TO ORDER
The Harnett County Board of Commissioners sitting as the governing body of
South Central Water and Sewer District of Harnett County met March 6, 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 11:45 a.m.
RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented a resolution
DISCOUNT PURCHASEselecting bank and specifying certain details regarding the FmHA 1989 Discount
PROGRAM Purchase Program. Commissioner Smith moved for the adoption of the
resolution. Commissioner Shaw seconded the motion and it passed with a
unanimous vote. The resolution is copied at the end of these minutes dated
March 6, 1989, as document No. 1.
RESOLUTION RE:
GOOD FAITH
DEPOSIT
ADJOURNMENT
DOCUMENT NO. 1.
John M. Phelps, II, Public Utilities Attorney, presented a resolution
authorizing making of good faith deposit -- FmHA 1989 Discount Purchase
Program. Commissioner Smith moved for the adoption of the resolution.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
The resolution is copied at the end of these minutes dated March 6, 1989, as
document No. 2.
There being no further business, the Harnett County Board of Commissioners
sitting as the governing body of South Central Water and Sewer District of
Harnett County duly adjourned at 12:00 a.m.
L ydjG. Stewart, Chairman
KK A . 4,6aufAIMa
Kay Blanchard, Recording Secretary
:,W Y `
V U v
Vanessa W. Young, C1 to / a Board
RESOLUTION SELECTING BANK AND SPECIFYING CERTAIN
DETAILS REGARDING THE FmHA 1989 DISCOUNT PURCHASE PROGRAM
(South Central Water and Sewer District of Harnett County)
WHEREAS, at its meeting on February 14, 1989, the Harnett
County Board of Commissioners, sitting as the governing body of the
South Central Water and Sewer District of Harnett County
(hereinafter the "Board ") indicated its desire to participate in
the Farmers Home Administration 1989 Discount Purchase Program with
respect to the Water Bonds of the South Central Water and Sewer
District of Harnett County (hereinafter the "District ") issued June
13, 1988; and
WHEREAS, in order to proceed with the District's participation
in the Discount Purchase Program it is necessary for the Board to
select a bank to purchase the Water Refunding Bonds, and to make
provisions for certain other details related thereto; and
WHEREAS, representatives of the District have negotiated with
several banks with respect to the purchase of the District's
refunding bond issue on a private basis as directed by the Local
Government Commission of the Office of the State Treasurer; and
WHEREAS, attached hereto as Exhibit "A" is a letter from R.
S. Williams, President of Southern Bank and Trust Company, setting
forth proposals for the purchase of said water refunding bonds by
Southern Bank and Trust Company, with the amount financed set forth
thereon being an estimate made on the date of said letter; and
WHEREAS, it is the desire of the Board to select Southern Bank
and Trust Company to purchase said water refunding bonds, and to
provide for certain details with respect to said sale as is
hereinafter provided;
284
NOW, THEREFORE, Be it resolved by the Harnett County Board of
Commissioners, sitting as the governing body of the South Central
Water and Sewer District of Harnett County as follows:
1. That the District hereby selects Southern Bank
and Trust Company of Mount Olive, North
Carolina to buy the water refunding bonds of
the District sold pursuant to the Farmers Home
Administration 1989 Discount Purchase Program,
and in accordance with the proposal of said
Bank hereby selects the following provisions
with respect thereto:
(a) The water refunding issue will be non tax
exempt;
(b) The purchase price shall be equal to 100%
of the principal amount of the water refunding
bonds;
(c) The rate of interest shall be a variable
rate of interest per annum equal to the prime
rate of Southern Bank and Trust Company, plus
.5 %, not to exceed 10.5% per annum;
(d) The term of the financing shall be the
twenty (20) year term.
(e) The District may have the privilege of
anticipating the indebtedness at any time
without penalty provided the bonds are paid in
inverse order.
2. That the provisions of this resolution are
subject to approval by the Local Government
Commission.
3. That the firm of LeBoeuf, Lamb, Leiby and
MacRae of New York, New York, which serves as
Bond Counsel for the District, will prepare
the appropriate documentation with respect to
the water refunding bond sale; and
4. That the appropriate representatives of the
District are hereby authorized and empowered
to take the necessary steps and execute the
appropriate documents to carry out the terms
of this Resolution.
Duly adopted this
6th day of March, 1989, upon motion made
by Commissioner Smith , seconded by Commissioner
Shaw
and passed by the following vote:
Noes 0 Absent 0 Abstained 0
Ayes _ 5
ATTEST:
shay •
Llo d if Stewar , Chairman,
Harnett County Board of
Commissioners sitting as the
governing body of the South
Central Water and Sewer District
Vanessa W. Youn /Cle k to the Board
and of the South Central Water and
Sewer District of Harnett County
285
SouthernBank
Exhibit "A"
121 EAST MAIN STREET • MOUNT OLIVE, NORTH CAROLINA 28365
AND rRUSrCCMPANY
POST OFFICE BOX 629
TELEPHONE (919) 6587000
R. S. WILLIAMS
President
March 2, 1989
South Central Water and Sewer District
of Harnett County
c/o Mr. John Phelps
P.O. Box 39
Lillington, N. C. 27546
Gentlemen:
Subject to Local Government requirements, we propose the refinancing of
your debt with the Farmer's Home Administration under the following terms
and conditions which are based on the taxable discount:
'1. Interest Rate: Prime plus one -half of one - percent with a
ceiling of 10.505.
2. Terms: 15 to 20 years.
3. Amount financed: $1,600,000.00.
4. If financed for 15 years the annual payment will be $216,396.81
or if financed for 20 years the annual payment will be $194,389.23.
5. You may have the priviledge of anticipating the indebtedness at
any time without penalty provided the bonds are paid in inverse
order.
If these terms are generally acceptable to you, the length of time or any
other terms and conditions required by the Farmer's Home Administration
or Local Government Commission may be negotiated.
RSW:sk
Sincerely,
R. S. Williams
President
MEMBER FEDERAL DEPOSIT INSURANCE CORPORATION
DOCUMENT
RESOLUTION AUTHORIZING MAKING OF GOOD FAITH
DEPOSIT -- FmHA 1989 DISCOUNT PURCHASE PROGRAM
(South Central Water and Sewer District of Harnett County)
WHEREAS, at its meeting on February 14, 1989, the Harnett
County Board of Commissioners, sitting as the governing body of the
South Central Water and Sewer District of Harnett County
(hereinafter the "Board ") indicated its desire to participate in
the Farmers Home Administration 1989 Discount Purchase Program with
respect to the Water Bonds of the South Central Water and Sewer
District of Harnett County (hereinafter the "District ") issued June
13, 1988; and
WHEREAS, in order to participate in the above mentioned
Discount Purchase Program, the District must transmit to the
Farmers Home Administration District Office by March 9, 1989 a Good
Faith Deposit of Five (5) percent of the outstanding loan balance
of the Water Bonds issued by the District as stated; and
WHEREAS, at the same time as the Good Faith Deposit is
transmitted, a completed FmHA Discount Purchase Program Indication
of Interest form must accompany it, such form being attached hereto
as Exhibit 'A "; and
WHEREAS, the Board now desires to authorize the transmittal
of the described Indication of Interest Form and Good Faith Deposit
to the Farmers Home Administration;
NOW, THEREFORE, Be it resolved by the Harnett County Board of
Commissioners, sitting as the governing body of the South Central
Water and Sewer District of Harnett County as follows:
1. The appropriate representatives of the District
are hereby authorized to complete the FmHA
Indication of Interest form as attached hereto
as Exhibit "A ", and the Chairman (or Vice-
Chairman) and Clerk to the Board are hereby
authorized to execute the same on behalf of
the District; and
2. The making of the above described Good Faith
Deposit shall be and the same is hereby
authorized and its transmittal to the FmHA is
hereby directed forthwith.
Duly adopted this 6th day of March, 1989, upon motion made
by Commissioner Smith , seconded by Commissioner
Shaw and passed by the following vote:
Ayes 5 Noes 0 Absent 0 Abstained 0
Lloyd . Stewart, Chairman,
Harnett County Board of
Commissioners sitting as the
governing body of the South
Central Water and Sewer District
ATTEST:
L CAJ
Vanessa W. Young, 5tlerk°to the Board
and of the South Central Water and
Sewer District of Harnett County
287
Name and Address
of Borrower
Telephone Number
Contact Person
FmHA Case Number
EXHIBIT "A"
FARMERS HOME ADMINISTRATION
DISCOUNT PURCHASE PROGRAM
INDICATION OF INTEREST
Outstanding Principal Balance $
Good Faith Deposit $
Loan Number
Source of Final Payoff Funds:
(Check more than one, if applicable
Tax- exempt financing
Financing non -tax- exempt
Reserves or other non =debt funds
•
The above —named Borrower hereby advises the U.S. Department of
Agriculture, Farmers Home Administration (FmHA), that it intends
to purchase the FmHA Community Programs Loan specified above
pursuant to the Discount Purchase Program described in the
Program Description attached to the "Dear Community Programs
Borrower" letter dated January 10, 1989. Together with this
Indication of Intereet form, the Borrower to submitting a good
faith deposit in the amount of $ , which is equal
to 5 percent of the unpaid principal balance of the Borrower's
FmHA Community Programs loan referenced above.
In accordance with the Discount Purchase Program requirements,
the Borrower certifies the following information:
1. The funds represented by the good faith deposit are not funds
required, under any instrument or agreement evidencing the
loan(s) or appurtenant security instrument, to be held in the
reserve account by the Borrower.
2. The source of funding will be as indicated above and, on that
basis, the Borrower ie entitled to a price based on that type
of funding.
Delinquent loans may be purchased at a discount. However,
the Borrower acknowledges that the delinquent amount must be
paid in full at par at the time the loan is purchased.
4. The Borrower acknowledges that the Discount Purchase Program
expires on May 9, 1989, and, if the Borrower falls to
complete the purchase of the Loans by that date, the borrower
consents to the application of the good faith deposit
specified above against the the final loan installment(s),
unless otherwise determined by FmHA.
DATE: BY:
ATTEST: (SEAL)
OFFICE
(Name of Borrower)
(Authorized Officer) '
SOUTHWEST WATER AND SEWER DISTRICT, MARCH 6, 1989
The Board of Commissioners of Harnett County, sitting as the
governing body of the Southwest Water and Sewer District of Harnett County,
met in a special session on March 6, 1989 at 7:00 o'clock p.m. in the Harnett
County Office Building, Lillington, North Carolina.
Members of the Board present were Chairman Lloyd G. Stewart, and
Commissioners Bill Shaw, Rudy Collins and Mayo Smith. Commissioner Mack R.
Hudson was absent.
The Clerk of the Board of Commissioners and of the
District reported to the Board of Commissioners of the County
of Harnett, sitting as the governing body of the Southwest
Water and Sewer District of Harnett County, that the bond order
entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $4,500,000
WATER BONDS OF SOUTHWEST WATER AND. SEWER DISTRICT OF HARNETT
COUNTY," which had been introduced on February 20, 1989, had
been published in a qualified newspaper on February 24, 1989,
with notice that the Board, sitting as the governing body of
the District, would hold a public hearing thereon on March 6,
1989. The Clerk also reported that the District's Finance
Officer had filed in her office a statement of debt complying
with the provisions of The Local Government Bond Act and such
statement as filed showed the net indebtedness of the District
to be 0 % of the appraised valuation of property in said
District subject to taxation.
Commissioner Smith moved that the Board, sitting as
the governing body of the District, proceed to hold a public
hearing on the water, bond order. The motion was seconded by
Commissioner Collins and was unanimously adopted.
At 7:05 o'clock, ...M., the Chairman of the
governing body of the District announced that the Board,
sitting as the governing body of the District, would hear
anyone who wished to be heard on the questions of the validity
of the water bond order and the advisability of issuing the
bonds. At the direction of the Chairman of the governing body
of the District, the Clerk read said water bond order and the
published notice of hearing.
After the Board, sitting as the governing body of the
District, had heard all persons who requested to be heard,
Commissioner Collins moved that the public hearing be closed.
The motion was seconded by Commissioner Smith and was
unanimously adopted.
289
Commissioner Shaw moved that the Board of
Commissioners, sitting as the governing body of the District,
adopt without change or amendment and direct the Clerk of the
Board of Commissioners and of the District to publish as
prescribed by The Local Government Bond Act the bond order
entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $4,500,000
WATER BONDS OF SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT
COUNTY," introduced at the meeting of the Board of
Commissioners of Harnett County, sitting as the governing body
of the District, held on February 20, 1989. The motion was
seconded by Commissioner Collins and was adopted by the
following vote:
AYES: 4
NAYS: 0
CrImmiccinnor moved the adoption of the
following resolution which was read at length to the Board:
WHEREAS, the Board of commissioners of the County of
Harnett, sitting as the governing body of the Southwest Water
and Sewer District of Harnett County, has adopted the bond
order hereinafter described authorizing the issuance of
$4,500,000 Water Bonds and such bond order and the indebtedness
to be incurred by the issuance of such bonds and the tax to be
levied for the payment of such bonds should be submitted to the
voters of the Southwest Water and Sewer District of Harnett
County for their approval or disapproval in order to comply
with the Constitution and laws of North Carolina; NOW,
THEREFORE,
BE IT RESOLVED by the Board of Commissioners of the
County of Harnett, sitting as the governing body of Southwest
Water and Sewer District of Harnett County, as follows:
(1) The questions whether the qualified voters of
Southwest Water and Sewer District of Harnett County shall
approve or disapprove (a) the indebtedness to be incurred by
the issuance of the bonds of the District authorized by said
bond order, which indebtedness shall be secured by a pledge of
the District's faith and credit, (b) the levy of a tax for the
payment thereof, and (c) said bond order shall be submitted to
the qualified voters of said District at an election to be held
in said District on April 25, 1989.
290
(2) The Clerk of the Board of Commissioners and of the
District is hereby authorized and directed to publish a notice
of said election which shall be in substantially the following
form:
SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY,
NORTH CAROLINA
NOTICE OF SPECIAL BOND ELECTION
NOTICE I5 HEREBY GIVEN that a special bond election
will be held in the Southwest Water and Sewer District of
Harnett County, North Carolina, on April 25, 1989, for the
purpose of submitting to the qualified voters of said District
the questions whether they shall approve or disapprove (1) the
indebtedness to be incurred by the issuance of bonds of said
District of the maximum principal amount of $4,500,000, which
indebtedness shall be secured by a
faith and credit, and (2) the levy
such bonds, and (3) the bond order
pledge of the District's
of a tax'for the payment of
entitled, "BOND ORDER
AUTHORIZING THE ISSUANCE. OF $4,500,000 WATER BONDS OF THE
SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY," adopted
by the Board of Commissioners of the County of Harnett, sitting
as the governing body of. said District, to authorize the
issuance of said bonds and the levy of such tax.
The $4,500,000 Water Bonds are authorized to pay ,
capital costs of providing 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.
The ballots to be used at said election shall contain
the words, "SHALL the order authorizing $4,500,000 of bonds
secured by a pledge of the faith and
and Sewer
providing
District of Harnett County
water facilities within
limits of the District, including
of storage tanks and distribution
credit of Southwest Water
to pay capital costs of
and without the corporate
acquisition and construction
lines, and the acquisition
and installation of necessary machinery and equipment and the
acquisition of land or rights -in -land required therefor, and a
291
tax to be levied for the payment thereof, be approved ? ", with
squares labelled "YES" and "NO" beneath or beside such words in
which squares the voter may record his choice.
In the event a majority of the qualified voters voting
at said election vote to approve the order, the incurring of
indebtedness and the levy of a tax related thereto, said bonds
shall be issued and taxes shall be levied for the payment of
such bonds.
The polls for the election will open at the hour of
6:30 o'clock, A.M. and will close at the hour of 7:30 o'clock,
P.M. The election will be held in the following precincts and
polling places:
Precincts Polling Place
Anderson Creek Anderson Creek
School
Off Highway 210, South of
Lillington
Barbecue Barbecue Community
Building
Across from Barbecue
Church, West of
Lillington
Johnsonville Johnsonville Ruritan Club
Building a /k /a Community Build(
Intersection of Highway
24 and Highway 27
Cameron
Upper Little River I O'Quinn's Store
Off Old 421
Main Street
Mamers
The registration records for said election will be kept
open at the office of the Harnett County Board of Elections,
East Front Street, in Lillington, from 8:00 o'clock A.M.,
until 5:00 o'clock, P.M., each weekday, through March 27,
1989.
Voters may also register at the following locations,
from 8:00 o'clock A.M., until 5:00 o'clock P.M., each weekday,
through March 27, 1989:
Dunn Town Hall
Broad Street, Magnolia Avenue
Dunn, North Carolina
Erwin Town Hall
100 West F Street
Erwin, North Carolina
Angier Town Hall
125 Northwest Broad
Angier, North Carolina
Coats Town Hall
McKinley Street
Coats, North Carolina
n
g
292
Voter registration will also take place at the Harnett
County Public Library, on Main Street, in Lillington, during
normal library hours through March 27, 1989.
Additionally, the Election Registrars and Judges may
register voters by appointment, through March 27, 1989. The
Election Registrars and Judges may be reached through the
Harnett County Board of Elections at the address set forth
above. The last day of.registration for the special election
shall be March 27, 1989.
Any qualified voter who (1) expects to be absent from
the District during the entire period that the polls are open
on said election day, or (2) because of sickness or other
physical disability will be unable to be present at the polls
to vote in person on said day, or (3) is incarcerated and
otherwise entitled to vote in said election, or (4) is an
employee of the Harnett County Board of Elections and his
assigned . duties on the day of election will cause him to be
unable to vote in person, may apply for an absentee ballot to
be used in voting at said election. Information concerning the
time and manner for applying for an absentee ballot, including
the last day for making such application, can be obtained from
the Harnett County Board of Elections at the Board's office in
Lillington, North Carolina.
By order of the Board of Commissioners of the County of
Harnett, sitting as the governing body of the Southwest Water
and Sewer District of Harnett County.
Vanessa W. Young
Clerk, Board of Commissioners
of Harnett County, and Clerk,
Southwest Water and Sewer
District of Harnett County
North Carolina
Said notice of special election shall be published at
least twice. The first publication shall be not less than 14
days and the second publication not less than 7 days before the
last day on which voters may register for the special election.
(3) The Harnett County Board of Elections is hereby
requested to print and distribute the necessary ballots and to
provide the equipment for the holding of said election and to
conduct and to supervise said election.
293
(4) The Clerk of the Board of Commissioners and of the
District shall mail or deliver a certified copy of this
resolution to the Harnett County Board of Elections within
three days after the resolution is adopted.
Commissioner Shaw seconded the motion and the
motion was adopted by the following vote:
AYES: 4
NAYS: 0
RESOLUTION RE: Commissioner Collins moved for the adoption of the following resolution authorizing
AMENDMENT TO amendment to agreement for engineering services. Commissioner Shaw seconded the
ENGINEERING SERV. motion and it passed with a unanimous vote.
RESOLUTION AUTHORIZING
AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES
(SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY)
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 examined the "Amendment
to Agreement for Engineering Services" between the County of Harnett,
the Southwest Water and Sewer District of Harnett County and Black &
Veatch, Inc., attached hereto as Exhibit "A "; and
WHEREAS, the Board desires for said Southwest Water and Sewer
District of Harnett County to enter into said "Amendment to Agreement
for Engineering Services" as set forth,
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 that:
1. The Southwest Water and Sewer District of Harnett County is
hereby authorized to and shall enter into the "Amendment to Agreement
for Engineering Services" attached hereto as Exhibit "A ".
2. The appropriate officers of the Southwest Water and Sewer
District of Harnett County are hereby directed to execute said
Duly adopted this day of March, 1989, upon motion made
by Commissioner , seconded by Commissioner
and passed by the following vote.
Ayes Noes Absent Abstained
BY:
ATTEST:
Vanessa W. Young, Clerk to the
Board and of the Southwest Water
and Sewer District of Harnett
County
HARNETT COUNTY BOARD OF
COMMISSIONERS, sitting as
governing body of the
Southwest Water and Sewer
District of Harnett County
Lloyd G. Stewart, Chairman
2-g.4-
Exhibit "A"
AMENDMENT TO
AGREEMENT FOR ENGINEERING SERVICES
This AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES. is made and
entered into this day of , 1989, by and between THE
COUNTY OF HARNETT (hereinafter sometimes referred to as "County ") ,
the SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY (hereinafter
sometimes referred to as "District ") and BLACK & VEATCH, INC.
(hereinafter sometimes referred to as "Engineer ").
W I T N E S •S E T H:
THAT WHEREAS, an "Agreement for Engineering Services" dated
February 1, 1988 was entered into between County, for the then
proposed Southwest Water and Sewer District of Harnett County, (said
County therein being referred to as "Owner ") and Engineer relating to
the furnishing of engineering services by Engineer with respect to
said Southwest Water and Sewer District of Harnett County; and
WHEREAS, it was the understanding of County and Engineer that
services furnished pursuant to said Agreement should relate to the
providing of water services for the said Southwest Water and Sewer
District of Harnett County; and,
WHEREAS, the services so furnished thereunder have related to the
providing of water services as described and as contemplated by
County, Engineer and District; and
WHEREAS, it is the desire of the parties hereto to amend said
Agreement as hereinbelow provided so as to clarify the contracting
parties therein named.
NOW THEREFORE, it is agreed by County, District, and Engineer
that:
The words "Harnett County for the proposed Southwest Water and
Sewer District of Harnett County" designating the "Owner" as set forth
in the above described "Agreement for Engineering Services" shall be
and the same hereby are deleted and that in lieu thereof the words
"Southwest Water and Sewer District of Harnett County" shall be and
the same hereby are substituted and inserted, thereby designating
"Owner" therein as the said Southwest Water and Sewer District of
Harnett County.
IN WITNESS WHEREOF, the parties hereto have executed, or caused
to be executed by their duly authorized officials, this Amendment to
Agreement for Engineering Services in triplicate originals on the
respective dates indicated below.
•
Executed by County, this
ATTEST:
Vanessa W. Young
Clerk to the Hoard
day of , 1989.
COUNTY OF HARNETT
BY:
Lloyd G. Stewart
Chairman of Harnett County
Board of Commissioners
295
RESOLUTION RE:
LEGAL SERVICES
AGREEMENT
Commissioner Shaw moved for the adoption of the following resolution authorizing
execution of legal services agreement. Commissioner Collins seconded.the motion
and it passed with a unanimous vote.
RESOLUTION AUTHORIZING EXECUTION OF
LEGAL SERVICES AGREEMENT
WHEREAS, The Harnett County Board of Commissioners, sitting as
the governing body of the Southwest Water and Sewer District of
Harnett County (hereinafter "District "), has examined the Legal
Services Agreement between the District and John M. Phelps, II,
Attorney, attached hereto as Exhibit "A "; and
WHEREAS, District desires to enter into said contract as
provided;
NOW, THEREFORE, BE IT RESOLVED, by the Harnett County Board of
Commissioners, sitting as the governing body of the Southwest Water
and Sewer District of Harnett County, that:
1. Southwest Water and Sewer District of Harnett County is
hereby authorized to and shall enter into the Legal Services Agreement
attached hereto as Exhibit "A ".
2. The Southwest Water and Sewer District of Harnett County and
its officers and agents are hereby directed to execute said Legal
Services Agreement.
Duly adopted this the day of March, 1989, upon motion made
by Commissioner seconded by
Commissioner
vote:
Ayes
Noes Absent Abstained
and passed by the following
Exhibit "A"
UNITED STATES DEPARTMENT OF AGRICULTURE
Farmers Home Administration
LEGAL SERVICES AGREEMENT
This agreement made this _ day of March, 1989 between the
Southwest Water and Sewer District of Harnett County hereinafter
referred to as "Owners" and John M. Phelps, II, Attorney at Law, of
Lillington, North Carolina, hereinafter referred to as "Attorney ":
WHEREAS, Owners have formed in Harnett County, North Carolina a
water and sewer district pursuant to the provisions of N.C. Gen. Stat.
5162A -86 et. seq. known as the Southwest Water and Sewer District of
Harnett County (hereinafter "District "); and
WHEREAS, the Attorney agrees to perform all legal services
necessary under the provisions of the applicable statutes and to
perform all other customary legal services necessary to the
organization, financing, construction and initial operation of a sewer
collection system;
W I T N E S S E T H:
That for and in consideration of the mutual covenants and promises
between the parties hereto, it is hereby agreed:
SECTION A - LEGAL SERVICES
That the Attorney will perform such services as are necessary to
accomplish the above recited objectives including, but not limited to,
the following:
296
ADJOURNMENT
1. Preparation and filing of the necessary documents and
supervision and assistance in the taking of such other
actions as may be necessary or incidental to cause the
Owners to become duly organized and incorporated and to be
authorized to undertake the proposed system.
2. Furnish advice and assistance to the governing body of the
Southwest Water and Sewer District of Harnett County in
connection with (a) the notice for and conduct of meetings;
(b), the. preparation of minutes of meetings; (c) the
preparation and enactment of such resolutions as may be
necessary in connection with the authorization, financing,
construction, and initial operation of the system; (d) the
preparation of such affidavits, publication notices,
ballots, reports, certifications, and other instruments and
advice as may be needed in the conduct of such bond
elections as may be necessary; (e) the preparation and
completion of such bonds or other obligations as may be
necessary to finance the system; (f) the completion and
execution of documents for obtaining a loan made or insured
or a grant made by the United States of America, acting
through the Farmers Home Administration, U.S. Department of
Agriculture; (g) entering into construction contracts; (h)
preparation and adoption of By -Laws, Rules and Regulations,
and rate schedules; (i) such other corporate action as may
be necessary in connection with the financing, construction,
and initial operation of the system.
3. Review of construction contracts, bid - letting procedure, and
surety and contractual bonds in connection therewith.
4. Preparation, negotiation, or review of contract with a
sewer treatment facility when necessary.
5. Preparation, where necessary, and review of deeds, easements
and other rights- of -wav documents, and other instruments for
sites for sewer treatment, pumping stations, treatment
plants, and other facilities necessary to the system and to
provide continuous rights-of-way therefor; rendering title
opinions with reference thereto; and providing for the
recordation thereof.
6. Obtain necessary permits and certificates from county and
municipal bodies, from State regulatory agencies, and from
other public or private sources with respect to the approval
of the system, the construction and operation thereof,
pipeline crossings, and the like.
7. Cooperate with the engineer
with preparation of tract
necessary title documents,
treatment contracts, health
other instruments.
employed by Owners in connection
sheets, easements, and other
construction contracts, sewer
permits, crossing permits, and
8. When applicable, secure assistance of and cooperate with
recognized bond counsel in the preparation of the documents
necessary for the financing aspects of the system. Where
bond counsel is retained, the Attorney will not be
responsible for the preparation and approval of those
documents pertaining to the issuance of the Owner's
obligations.
SECTION B - COMPENSATION
1. Owners will pay to the Attorney for professional services
rendered.in accordance herewith, fees in the amount of
$50.00 per hour. Said fees will be paid to the
Attorney each month pursuant to regular statements presented
by the Attorney.
There being no further business, the Harnett County Board of Commissioners
sitting as the governing body of Southwest Water and Sewer District of Harnett
County duly adjourned at 7:20 p.m.
Lloy
Stewart, Chairman
Kay S. : anchard, Recording Secretary
oy �-
9 a-,s/
Vanessa W. Young, C erk torthe Board