10161989653
SOUTHEAST WATER F, SEWER DISTRICT MEETING, OCTOBER 16, 1989
HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 16, 1989
SOUTHEAST W $ S
DISTRICT MEETING
LETTER OF CONDI-
TIONS
ADJOURNMENT OF
SOUTHEAST MEETING
SOLID WASTE
MANAGEMENT STUDY
PRESENTED
PUBLIC HEARINGS
RE: ZONING DIST.
CHANGE APPLICA-
TIONS
GEORGE MATTHEWS
THOMAS TART
IRVIN WARREN
The Harnett County Board of Commissioners met in regular session on Monday,
October 16, 1989, in the County Office Building, Lillington, North Carolina,
with the following members present: Rudy Collins, Bill Shaw, Mayo Smith, Mack
Reid Hudson, 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 Lloyd G. Stewart called the meeting to order at 7 p.m.
Commissioner Mayo Smith offered the invocation.
Commissioner Smith moved for the approval of the minutes of the regular
meeting, October 2, 1989. Commissioner Hudson seconded the motion and it
passed with a unanimous vote.
Chairman Stewart reconvened the special meeting of the Harnett County Board of
Commissioners sitting as the governing body of the Southeast Water and Sewer
District of Harnett County and stated that at the close of the meeting on
October 2, 1989, it was determined by the Board that it would reconvene on
October 16, 1989, at 7 p.m.
Willard R. Dean, Farmers Home Administration, presented for consideration a
Letter of Conditions and related agreements regarding funding for Southeast
Water and Sewer District project. Commissioner Smith moved for the approval
of the Letter of Conditions and related agreements. Commissioner Hudson
seconded the motion and it passed with a unanimous vote. The Letter of
Conditions and related agreements are copied in full at the end of these
minutes dated October 16, 1989, as document no. 1.
Chairman Stewart adjourned the meeting of the Harnett County Board of Commis-
sioners sitting as the governing body of the Southeast Water and Sewer Dis-
trict of Harnett County.
C. T. Clayton, P. E. , Ragsdale Consultants, assisted by Nathan Van Noy,
Ragsdale Consultants, presented results of a recently completed Solid Waste
Management Study for Harnett County.
Carla Stephens, Planning Director, brief the group that there would be four
public hearings concerning applications for proposed zoning district changes
and explained the purpose was to obtain public comments concerning the pro-
posed zoning district changes.
Chairman Stewart called to order a public hearing concerning application for
George Matthews, from RA -40 Zoning District to RA -20M Zoning District, located
in Anderson Creek Township on S.R. 2039.
Carla Stephens, Planning Director, presented the application to the Board.
Chairman Stewart opened the meeting for public comments.
The following citizen provided comments concerning the application:
1. James Rickman, Anderson Creek - for
Chairman Stewart closed the public hearing concerning application for
zoning district change for George Matthews.
proposed
Chairman Stewart called to order a public hearing concerning application for
Thomas Tart, from Commercial Zoning District to RA -30 Zoning District, located
in Averasboro Township, on I -95.
Carla Stephens, Planning Director, presented the application to the Board.
Chairman Stewart opened the meeting for public comments.
No comments were offered from the public.
Chairman Stewart closed the public hearing concerning application for proposed
zoning district change for Thomas Tart.
Chairman Stewart called to order a public hearing concerning application for
Irvin Warren, from Industrial Zoning District to RA -30 Zoning District,
located in Averasboro Township, on U.S. 301.
Carla Stephens, Planning Director, presented the application to the Board.
Chairman Stewart opened the meeting for public comments.
The following citizen provided comments concerning the application:
1. Larry Sanderson, 300 S. Layton Ave., Dunn - for
JOEY WEEKS
CONSIDERATION-
OF APPLICATIONS
FOR ZONING DIST.
CHANGE
SUBDIVISION PLAT
FOR NEILLtS
CREEK FARMS
SUBDIVISION PLAT
FOR JERRY LEE
SUBDIVISION
AGREEMENT RE:
FORESTRY PROGRAM
RESOLUTION RE:
ADDITION OF
HIGHLAND DRIVE
TO ROAD SYSTEM
PROCLAMATION RE:
"RED RIBBON WEEK!"
REQUEST FROM
CASWELL CENTER
FOR CHRISTMAS
PROGRAM SUPPORT
Chairman Stewart closed the public hearing concerning application for proposed
zoning district change for Irvin Warren.
Chairman Stewart called to order a public hearing concerning application for
Joey Weeks, from RA -20R Zoning District to RA -30 Zoning District, located in
Johnsonville Township, on Hwy. 24 -27.
Carla Stephens, Planning Director, presented the application to the Board.
Chairman Stewart opened the meeting for public comments.
No comments were offered from the public.
Chairman Stewart closed the public hearing concerning application for zoning
district change for Joey Weeks.
The Board considered the following applications for zoning district change:
1. George Matthews, from RA -40 Zoning District to RA -20M Zoning
District, located in Anderson Creek Township, on S.R. 2039. The
Planning Board recommended approval of the application. Commissioner
Shaw moved that the zoning district change application request be
approved. Commissioner Collins seconded the motion and it passed
with a unanimous vote.
that
2. Thomas Tart, from Commercial Zoning District to RA -30 Zoning
District, located in Averasboro Township, I -95. The Planning Board
recommended approval of the Application. Commissioner Smith moved
that the zoning district change application request be approved.
Commissioner Hudson seconded the motion and it passed with a
unanimous vote.
3. Irvin Warren, from Industrial Zoning District to RA -30 Zoning
District, located in Averasboro Township, on U.S. 301. The Planning
Board recommended approval of the application. Commissioner Hudson
moved that the zoning district change application request be
approved. Commissioner Smith seconded the motion and it passed with
with a unanimous vote.
4. Joey Weeks, from RA -20R Zoning District to RA -30 Zoning District,
located in Johnsonville Township on Hwy. 24 -27. The Planning Board
recommended approval of the application. Commissioner Shaw moved
the zoning district change application request be approved.
Commissioner Collins seconded the motion and it passed with a
unanimous vote.
Carla Stephens, Planning Director, presented a subdivision plat for Neill's
Creek Farms, Phase II, 84 lots located on S.R. 1440, RA -40 Zoning District.
Couutissioner Collins moved for the the approval of the subdivision plat.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
Carla Stephens, Planning Director, presented a subdivision plat for Jerry Lee
Subdivision, 6 lots located on S.R. 1805, RA -30 Zoning District. Commissioner
Smith moved for the approval of the subdivision plat. Commissioner Shaw
seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, presented for consideration a revised agree-
ment between the County of Harnett and the N.C. Department of Natural
Resources and Community Development concerning the F.Y. 89 -90 Harnett County
Forestry Program. Total cooperative appropriation for the program to protect,
develop and improve the forest lands in Harnett County is $135,621.00. The
State's share is $81,373 (60 %), and Harnett County's share is $54,248.00
(40 %). Commissioner Collins moved for the approval of the agreement. Commis-
sioner Shaw seconded the motion and it passed with a unanimous vote.
Commissioner Smith moved for the adoption of a resolution requesting the
addition of Highland Drive in Scotch Plains Subdivision to the State's
Secondary Road System. Commissioner Hudson seconded the motion and it passed
with a unanimous vote. The resolution is copied in full at the end of these
minutes dated October 16, 1989, as document no. 2.
Commissioner Hudson moved for the adoption of a proclamation involving People
Rallying in Drug Education "Red Ribbon Week ". Commissioner Smith seconded
the motion and it passed with a unanimous vote. The proclamation is copied in
full at the end of these minutes dated October 16, 1989, as document no. 3.
Dallas H. Pope, County Manager, presented a request from Caswell Center,
Division of Mental Health Mental Retardation and Substance Abuse Services,
for support for their Christmas Season program. The Board decided that
support for the the Christmas Season program would be worked through private
655
REQUEST FROM
VIRGIN ISLANDS
DUE TO LOSS FROM
HURICANE HUGO
POLICY RE:
BOARDS, COMMIT-
TEES, AND AUTH-
ORITIES
TAX REFUNDS
sources.
Dallas H. Pope, County Manager, presented a request from the Virgin Islands
for old binders used for filing voter registration forms. Commissioner Smith
moved that 56 old used binders from the Board of Elections be released to the
local government unit in the Virgin Islands due to their need based on loss
during Hurricane Hugo.
Commissioner Hudson moved that the Board establish the following policy for
use by Boards, Committees, and Authorities that support various county govern-
ment functions and will be used for the purpose of establishing membership:
1. Appointments will be made for a specific number of years with
requirement to be designated in the by -laws.
2. On expiration of each member's term, member will be required to
remain off the Board for one year prior to consideration of a new
term with requirement to be designated in the by -laws.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
Reports for the month of September from the following departments were filed
with the Board: Sheriff's Department, Health Department, Industrial Develop-
ment, Inspections, Emergency Medical Services, Social Services, Agricultural
Extension Services, and Planning.
Bobby Wicker, Tax Administrator, requested the following tax refunds:
1. Jody D. Johnson, 50008 Northriding Court, Fuquay - Varina, NC $341.63
2. World Omni Leasing Inc., Deerfield Beach, Florida 27.22
3. Annie N. Campbell, Rt. 2, Box 256 -7, Lillington, NC 7.22
4. Doris T. Blue, 180 Fort Bragg Road, Southern Pines, NC 50.98
5. Electric Sales & Service, P. 0. Box 156, Angier, NC 84.66
Commissioner Smith moved for the approval of the tax refunds. Commissioner
Shaw seconded the motion and it passed with a unanimous vote.
BUDGET AMENDMENT Dallas H. Pope, County Manager, requested the following budget amendment for
Public Utilities, Northwest - Capital Projects:
Code 60- 9010 -005 Shutt Hartman Construction
60- 9010 -002 Brown Utilities
60- 9010 -080 Contingency
$ 680. decrease
5,200. increase
4,520. decrease
Commissioner Hudson moved for the approval of the budget amendment. Commis-
sioner Shaw seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Public Utilities, Construction -East Costs Expansion:
Code 37- 4100 -090 Transfer to Buies Creek -Coats W & S $2,189. increase
37- 4100 -010 Land & Right -of -Ways 2,189. decrease
Commissioner Hudson moved for the approval of the budget amendment. Commis-
sioner Collins seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Public Utilities, Sewer Department- Enterprise:
Code 30- 9200 -016 Maintenance & Repair - Equip. $4,000. increase
30- 9200 -120 Capital Reserve 1,811. decrease
Revenue: 30- 3970 -003 Transfer from East Coats 2,189. increase
Commissioner Hudson moved for the approval of
sioner Shaw seconded the motion and it passed
Dallas H. Pope, County Manager, requested the
Industrial Development:
Code 10- 7250 -014 Travel & Meetings
the budget amendment. Commis -
with a unanimous vote.
following budget amendment for
$2,500. increase
Revenue: 10- 3990 -000 Fund Balance Appropriated 2,500. increase
Commissioner Shaw moved for the approval of the budget amendment. Commis-
sioner Hudson seconded the motion and it passed with a unanimous vote.
BRIEFING RE: Dan Gardner, Director, Emergency Medical Services, provided an updated brief -
EMERGENCY MEDICAL ing concerning operations of the Harnett County Emergency Medical Services
SERVICES function which included types of calls received, responses provided, equipment
capabilities, and updated information on volunteer rescue /medical units.
656
BUIES CREEK-COATS WATER SEWER DISTRICT MEETING, OCTOBER 16, 1989
AMENDMENT TO
CONTRACT WITH
RAGSDALE CONSUL-
TANTS RE: RIVER-
SIDE PROJECT
AGREEMENT WITH
CITY OF DUNN RE:
WASTEWATER LINE
EXTENSION
Commissioner Shaw made a motion to authorize the county manager to execute an
amendment to.Ifarnett County's contract with Ragsdale Consultants, P.A. to
include additional engineering services required by the October 5, 1989,
program amendment involving Riverside Project No. 85 -C -7040. The lump sum
cost for performing the additional sewer line project engineering services is
$10,000. Commissioner Smith seconded the motion and it passed with a unani-
mous vote.
Dallas H. Pope,'County Manager, presented an agreement between the County of
Harnett and the City of Dunn concerning wastewater line extension to proposed
"Funworld Amusement Park" by the City of Dunn. Commissioner Smith moved that
the agreement be approved and executed. Commissioner Hudson seconded the
motion and it passed with a unanimous vote.
EXECUTIVE SESSION Commissioner Hudson made a motion to go into executive session concerning
pending legal cases. Commissioner Shaw seconded the motion and it passed with
a unanimous vote.
Commissioner Shaw made a motion to come out of executive session. Commis-
sioner Collins seconded the motion and it passed with a unanimous vote.
REGULAR MEETING
ADJOURNED
BUIES CREEK -
COATS W G S
MEETING
RESOLUTION RE:
APPLICATION FOR
SEWER REFUNDING
BONDS
Chairman Stewart adjourned the regular meeting of the Harnett County Board of
Commissioners at 10:30 p.m. and called to order a special meeting of the
Harnett County Board of Commissioners sitting as the governing body of Buies Creek -
Coats Water and Sewer District.
John M. Phelps, II, Public Utilities Attorney, presented a Resolution Authorizing '
Filing of Application to Local Government Commissioner for $1,794,000 Sanitary Sewer
Refunding, Bonds. Commissioner Collins moved for the adoption of the resolution.
Commissioner Hudson seconded the motion and it passed with a unanimous vote. The
resolution is copied in full at the end of these minutes dated October 16, 1989, as
document no. 4.
John M. Phelps, II introduced the following bond
order which was read at length:
"BOND ORDER AUTHORIZING THE ISSUANCE OF
$1,794.,000 SANITARY SEWER REFUNDING BONDS OF
BUIES CREEK - COATS WATER AND SEWER DISTRICT
OF HARNETT COUNTY"
WHEREAS, the Buies Creek - Coats Water and Sewer
District of Harnett County has issued Sanitary Sewer Bonds,
dated June 1, 1984; and
WHEREAS, $1,794,000 of such bonds are outstanding (the
"Outstanding Bonds "); and
WHEREAS, the Board of Commissioners of the County of
Harnett, sitting as the governing body of Buies Creek - Coats
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 Buies Creek
- Coats Water and Sewer District of Harnett County (the
"District "), as follows:
657
Section 1. The Board of Commissioners of the County of
Harnett, sitting as the governing body of Buies Creek - Coats
Water and Sewer District of Harnett County, 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 Buies Creek - Coats 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 bonds
authorized by this bond order shall be $1,794,000.
Section 3. A District 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 of
the County of Harnett and of the District and is open to public
inspection.
Section 5. This bond order shall take effect upon its
adoption.
Commissioner Hudson moved the adoption of the following
resolution:
WHEREAS, the bond order entitled, •BOND ORDER _
AUTHORIZING THE ISSUANCE OF $1,794,000 SANITARY SEWER REFUNDING
BONDS OF THE BUIES CREEK - COATS 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 Buies Creek - Coats Water and Sewer District
of Harnett County, held on October 16, 1989 and the Board of
Commissioners of the County of Harnett, sitting as the
governing body of Buies Creek - Coats 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 Buies Creek
Coats Water and Sewer District of Harnett County, as follows:
(1) The public hearing upon said bond order shall be
held on the 25th day of October, 1989 at 7 o'clock ' .N., at
County Office Building , in Lillington, North Carolina.
(2) The Clerk of the Board of Commissioners of the
County of Harnett and of Buies Creek - Coats Water and Sewer
District of Harnett County 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.
658
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 of the
County of Harnett and of Buies Creek - Coats Water and Sewer
District of Harnett County prior to publication of the bond
order with the notice of such 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 Commissioner Collins and
was adopted by the following vote:
AYES: 5
NAYS: 0
ADJOURNMENT There being no further business, the Harnett County Board of Commissioners sitting as
the governing body of Buies Creek -Coats Water and Sewer District of Harnett County
special meeting duly adjourned at 10:45 p.m.
DOCUMENT NO. 1.
United States
Department of
Agriculture
Lloy
Stewart, Chairman
,�.anlrfvul
Kay S. Blanchard, Recording Secretary
Vanessa W. Young, Clerk to fte Bo
Farmers Home Administration
4001 Carya Drive, Suite B
Raleigh, NC 27610
October 12,1989
Honorable Lloyd Stewart, Chairman
Southeast Water and Sewer District
PO Box 759
Liilington, NC 27546
Dear Mr. Stewart:
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
*2,492,000.00 and a development grant not to exceed
$1,643,000.00.
If FmHA makes the loan, you may make a written request that
the interest rate be the lower of the rate in effect at the
time of loan approval or the time of loan closing. If you
do not request the lower of the two interest rates, the
interest rate charged will be the rate in effect at the time
of loan approval. The loan will be considered approved on
the date a signed copy of form FmHA 1940 -1, " Request for
Obligation of Funds," is mailed to you. If you want the
lower of the two rates, your written request should be
submitted to FmHA as soon as practical. In order to avoid
possible delays in loan closing such a request should
ordinarily be submitted at least 30 calendar days before
loan closing.
659
Any changes in project costs, source of funds, scope of
services or any other significant changes in the project or
applicant must be reported to and approved by FmHA by
written amendment to this letter. Any changes not approved
by FmHA shall be cause for discontinuing processing of the
application.
Please complete and return the attached Form FmHA 442 -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, FmHA reserves the
right to discontinue the processing of the application.
REPAYMENT SCHEDULE
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
10942.17(0l2). The District will contact the North
Carolina Local Government Commission and arrange to
obtain interim credit through the sale of Bond
Anticipation Notes.
SECURITY
Security for the loan will consist of a General
Obligation Water bond authorized and prepared in
accordance with FmHA Instruction 1942 -A. Farmers Home
Administration will negotiate the purchase of the bond
with the District and the North Carolina Local
Government Commission. The Commission reserves the
right to require a public offering of the bond.
ORGANIZATION
The District must provide the necessary certification,
comments, and recommendations concerning its
organization and authority to issue bonds which should
include the following:
a. Compliance with special laws and regulations.
b. State Pollution Control on Environmental Protection
Agency Standards.
c. Consistency with other development plans.
d. State agency regulating water rights.
e. National historic preservation.
f. Civil Rights Act of 1964.
g. Architectural Barriers of 1968.
(Refer to FmHA Instruction 1942.17(k) )
h. Title IX of the Education Amendments of 1972.
i. Section 504 of the Rehabilitation Act of 1973.
J. Age Discrimination Act of 1975.
ACCOUNTING. AUDITS. AND REPORTS
Accounting and auditing will be established and
maintained in accordance with the requirements of North
Carolina General Statutes. The audit report is to be
in accordance with OMB Circular A -128. The District is
to provide FmHA a copy of their Audit Contract. A copy
of the annual audit report will be provided FmHA to
accordance with FmHA Instruction 1942.17(q).
INSURANCE AND BONDING
Insurance and bonding must be obtained as required by
North Carolina State Statues. The District will
furnish a certificate concerning the adequacy of
insurance and bonding.
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 be at
least equal to the total annual DEBT SERVICE
REQUIREMENTS for the FuHA loan(s). The District may
make a written request to provide less coverage, along
with justification, to FmHA for their review and
decision on the request. The District will provide
FmHA a copy of their Fidelity Bond.
660
The public liability and property damage insurance
requirement should be discussed by the District and
their attorney and the amounts established accordingly.
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.
FINAL PLANS AND CONSTRUCTION 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 FmHA must be notified and
a revived Preliminary Engineering Report with the new
budget must be submitted. Any changes not approved by
FmHA shall be cause for discontinuing processing of the
application.
The construction contract documents must be completed
in accordance with FmHA Instruction 1942 -A, Subsection
1942.18. The District and their engineer must
consider all materials suitable for the project. The
engineer must specify all materials normally used.
Contracts must be awarded on the basis of the lowest
bid acceptable material. Concurrence by the FmHA State
Office Engineer must be obtained prior to negotiating
with contractors subsequent to opening bids. FmHA
contracts and bid documents should be used for projects
jointly funded with other agencies.
LOAN RESOLUTION
The District must formally adopt Form 1942 -47, Loan
Resolution, at a proper meeting of the governing body.
Adoption of this document should be made a part of the
official minutes of the District. Forms FmHA 400 -1,
Equal Opportunity Agreement, and FmHA 400 -4, Assurance
Agreement, are to be formally adopted at the same
meeting.
OPERATING BUDGET
A Water system operating budget must be adopted by the
applicant after approval by FmHA. A Water rate
schedule must be adopted which will provide sufficient
revenue to meet the requirements of the operating
budget.
RULES AND REGULATIONS
Water system rules and regulations must be submitted to
FmHA for approval prior to loan closing.
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.
GRANT AGREEMENT
The District must adopt Form FmHA 1942 -31, Association
Water and Sewer System Grant Agreement, at a proper
meeting of the governing body. Adoption of this
document should be made a part of the official minutes
of the District. Attached is a copy of Form FmHA 1942-
31, Association Water or Sewer System Grant Agrement
for your review. You will be required to execute a
completed form at the time of grant closing.
EXCESS FUNDS
If there is a significant reduction in project cost as
a result of re- design or bids received, the District's
funding needs will be re- assessed before loan closing
or start of construction, whichever occurs first.
Obligated loan or grant funds not needed to complete
the proposed project will be deobligated.. Grant funds
are deobligated first.
DEBARMENT CERTIFICATION
The District is to certify that they are not debarred
or suspended for Federal Nonprocurement Programs by the
use of Form AD -1047, Certification Regarding Debarment,
Suspension and Other Responsibility Matters - Primary
Covered Transactions. 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
Cebsiug netltrrs -t7 1,u6"1-Fc uoay, ;. apply to this
project and become a part of the Letter of Conditions.
Sincerely,
661
USDA -FmHA
Form FmHA 1940-1
REQUEST FOR OBLIGATION OF FUNDS
tnrv. -00)
TYPE IN CAPITALIZED ELITE
�v. r I, ax itliNr 1 bru 27 and 40640147 IS
TYPE IN SPACES MARKED (1
29 Oro 40. Sae FMI.2 Tabs 8 Speer
1 LI) : F:
YEAR
I. CASE NO.
St Co Borrower's ID
3 8 0 4 8 0 5 6 1 6 2 2 3 8 3
LOAN
N0.
(Phones OM* On17f
FISCAL
2. BORROWER NAME
S O U T H E A S T WATER AND 11i
3. NO. NAME FIELDS
2 I(1. 2, or 3 from Item 2)
4. STATE NAME
N 1 0 ill tit III 1 IC IAIR10ILII NI 1 1
S E W E R D I S T R I C T 12,
MI
5. COUNTY NAME
HARN ETT
i3x '�eliad
r7� F.s : s7 4
/7'zT.Ti . as ' , s ;:
'
7. SEX CODE 1 - Mate 4 - orwnlzatlon-Male Owned
2 a Female 5 - Organization - Female Owned
61 3 a Family Unit 6 - Public Body
6. RACE/ETHNIC CLASSIFICATION
11- White 2 - Clack 3 a Al /AN 4 - HIspanic 6 - A /PI
8. MARITAL STATUS
1 a Married 3 a Unmarried
1 2 a Separated
9. VETERAN CODE
1 1 a Yes 2 a No
10. CREDIT REPORT
2 I 1- Yes 2 a No
11. DIRECT PAYMENT
1 a County Office 3- No
3 1 2 a Finance Office
12. TYPE OF PAYMENT
1 a Monthly 3- Semiannual
2 2 a Annually 4 a Quarterly
13. FEE INSPECTION
2 1- Tits 2 a No
14. INTEREST CREDIT
1 a Yes
(31'71 & MFH Only)
2 a No
15. COMMUNITY SIZE
1 a 10.000 or lass (SFH d MFII
Oniy)
2 a Over 10,000
, ,sx : a. 1. FOR OBLIGATION OF FUNDS
16. TYPE OF ASSISTANCE
0 6 7
17. PURPOSE CODE
18. TYPE OF FUNDS
2 (Sec FAH)
19. PERCENT OF LOAN
GUARANTEED.
(Complete If Item 18
spuds 1, 3, 4, or 6)
19A. TERM 0 INTEREST
RATE BUYDOWN
(See FNI)
20. TYPE OF A 10
1 - Obligation Only
2 a Obligatlon/Check Request
1 3 a Correction of Obligation
21. TYPE OF SUBMISSION
1a Initial (Enter Code 2 if subsequent Loan associated
with Credit 8a. or Assumption)
1 1 2 - Subsequent
22.
$
12
AMOUNT OF LOAN
19 12 o 10.0101
23. AMOUNT OF GRANT
$
I1. 1,€) 14 r3 4 10 10.0101
24. AMOUNT OF IMMEDIATE
$ ADVANCE
0 0 0
25. DATE OF APPROVAL
MO DA YR
- -
INTEREST
28. RATE
0 6 * 0 0 0 OW
27.
0
REPAYMENT TERMS
(No. of Peen)
L.E
3 - Moderate
4 a Above Moderate
1.? HOWLING ONLY
29. LOW INCOME LIMIT -MAX.
$
1 4 1 1 .0101
30.
$
1 4
ADJUSTED FAMILY
INCOME
1 1 0.010 1
28. INCOME CATEGORY CODES
1 - Very Low
12 - Low
31. R. E. INSURANCE
$
0 0
32. R. E. TAXES -1st YEAR
$
0 0
33. R. E. TAXES • 2nd YEAR
S
1 1 .0101
34. NOTE INSTALLMENT
$ INELIGIBLE
4 1, 00101
35. TYPE OF UNIT
1 a Farm Tract
2 a Non -Farm Tract
. DWELLING CODE
1 a Build 3 a Purchase Old 5 = Repair 7 = Refinance- Repair
2 a Purchase New 4 a Refinance 6 = Purchase Old Repair
37. TYPE OF APPLICANT
1 - individual 3 - Corporation
4 2 ■ Partnership 4 a Public Body
f?°?1 "rri r' AM t CERTAIN MULTIPLE-FAMILY HOUSING LOANS
i 6 a Ann. of Farmer 7 - Other
6 a Organ. of Farm Worker
38. PROFIT TYPE
j 1 a Full Profit 2 a Limited Profit 3 - Non Profit
F°
39. DISASTER DESIGNATION NUMBER
1 1 r 1 (See FMI)
40.
1
LETE FOR CREDIT SALE/ASSUMPTIONS ONLY
TYPE OF SALE
1 a Credit Sale Only 3 = Credit Sale/Subsequent Loan
2 a Assumption Only 4- Assumption/Subsequent Loan
CERTIFICATION APPROVAL
41. COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIAL
Loan approval subject to the requirements of the Letter of Conditions dated
October 12, 1989; FmHA Instructions; Form FmHA-NC 442 -13, Processing Checklist;
and Loan Closing Instructions issued by the Office of the General Counsel.
42. 1 HEREBY CERTIFY that I am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable
rates and terms, taking into consideration prevailing private and cooperative rates and terms in or near my community
for loans for similar purposes and periods of time. 1 agree to use, subject to and in accordance with regulations appli-
cable to the type of assistance indicated above, and request payment of the sum specified herein. 1 agree to report to
FmHA any material adverse changes, financial or otherwise, that occur prior to loan closing. 1 certify that no part of
said sum has been received. 1 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 terms only) If this loan is approved, I elect the interest rate to be charged on my F/nHA
loan to be the lower of the interest rate in effect at the time of loan approval or loan closing. If 1 check "NO ", the
interest rate charged on my loan will be the rate specified in Item 26 of this form YES NO
662
Date
WARNING:
Section 1001 of Title 19, United States Code provides: "Whoever, in any matter within the jurisdiction of any
department or agency of the United States knowingly and willfully falsifies, conceals or covers up .. a material
fact or makes any fake, 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
not more Than $10,000 or imprisoned not more than 5 years, or both."
October 16, 1989 19
Date ` , 19
ATTEST:
BY :
SOUTHEAST WATER AND SEWER DISTRICT
( Signature of pplicant)
...>. ,! 4', MAW
rtl�xl6X����X
CHAIRMAN
43. I HEREBY CERTIFY that all 4 thelcommittee and administrative determinations and certifications required by
Farmers home Administration 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 purposes of and
subject to conditions prescribed by Fanners Home Administration regulations applicable to this type of assistance.
Date Approved. Title:
(Signature of Approving Official)
44. TO THE APPLICANT: As of this date this is notice that your application for the above
financial assistance from the Fanners Home Administration has been approved, as indicated above, subject to avail-
ability of funds and other conditions required by the Farmers Home Administration. If you have any questions contact
the County Supervisor.
USDA -FmHA
Form FmHA 1942 -47
(Rev. 3 -89)
Position 5
LOAN RESOLUTION
(Public Bodies)
FORM APPROVED
OMB NO. 0575 -0015
ARESOLUTIONOFTHE BOARD OF COMMISSIONERS
OF THE SOUTHEAST WATER AND SEWER DISTRICT OF HARNETT COUNTY
AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A
PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND /OR EXTENDING ITS
WATER DISTRIBUTION
FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURISDICTION TO SERVE.
'WHEREAS,itis necessary for the SOUTHEAST WATER AND SEWER DISTRICT OF HARNETT COUNTY
r (Atblle Bddyl
(herein after called association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of
TWO MTTT.TON FOITR HUNDRED NINEIR -TWO THOUDAND DOLLARS ($2.492.000.00)
pursuant to,the provisions of T.f1CAT. GOVRRNMF.NT BOND ACT ( GS. 159.43 Et Sea)
WHEREAS, the association intends to obtain assistance from the Farmers Home Administration, United States Department of Agricul-
ture, (herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921
et seq.) in the planning, financing, and supervision of such undertaking and to purchasing of bonds lawfully issued, in the event that no
other acceptable purchaser for such bonds is found by the association:
NOW THEREFORE, in consideration of the premises the association hereby resolves:
1. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds and containing such
items and in such forms are required by STATE statutes and as are agreeable and acceptable to the Govemment.
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 refinance 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 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 Govemment 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-
evant or agreement contained herein or in the instrument 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 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 instrument incident to the
making or insuring of the loan may be construed by the Government to constitute default under any other instrument
held by the Government and executed or assumed by the Association, and default under any such instrument may be
construed by the Goverment to constitute default hereunder.
6. Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, not permit others
to do so, without the prior written consent of the Government.
7. Not to borrow any money from any source, enter into any contract or agreement, or incur any other liabilities in con -
nection with making enlargements, improvements or extensions to, or for any other 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.
663
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 u revenues of the system.
9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility
in good condition.
10. To provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance, and
the establishment of adequate reserves. Revenue accumulated over and above that needed to pay operating and mainte-
nance, debt service and reserves may only be retained or used to make prepayments on the loan. Revenue can not be used
to pay any expenses which are not directly incurred by the facility financed by FmHA. No free service or use of the facil-
ity will be permitted.
11. To acquire and maintain such insurance coverage including fidelity bonds 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 financial affairs and to
provide for required audit thereof in such a manner as may be required by the Government, to provide the Government
without its request, a copy of each such audit, and to make and forward to the Government such additional information
and reports as it may from time to time require.
13. To provide the Government at all reasonable times access to all books and records relating to the facility and access to
the property of the system so that the Government may ascertain that the association is complying with the provisions
hereof and of the instruments incident to the making or insuring of the loan.
14. In cases where the Government requires that a reserve account be established and maintained, when necessary, disburse-
ments from the reserve account may be used for payments due on the bond if sufficient funds are not available in the
general or debt service accounts. With the prior written approval of the Government, funds may be withdrawn for:
(a) Paying the cost of repairing or replacing any damage to the facility which may have been caused by catastrophe.
(b) Repairing or replacing short•llved 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 account has
readied the required funded level.
15. To provide adequate service to all persons within the service area who an 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 Gwemment'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. In the case of a grant in the sum not to exceed $ 1 . 6 4 3. 0 0 0 . 0 0 the association
hereby accepts the grant under the terms as offered by the Government and that the
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
the association hereby resolves to operate the facility under the terra as offered in said grant agreement(s).
The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan, unless otherwise
specifically provided by the terms of such instrument, shall be binding upon the association as long 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 as between the
association and the Government or assignee.
Chairman
The vote was: Yeas Nays Absent
IN WITNESS WHEREOF the BOARD OF COMMISSIONERS
gO11THFAST WATER AND SEWER DISTRICT
of the
has duly adopted this Resolution and caused
to be executed by the officers below in duplicate on this 16 T11 day of
(SEAL)
Atte
RAJ.
Tide CI r k
Form FmHA 1942 -31
(4-85)
OCTOBER
1989
.SOUTHEAST WATER AND EWER DISTRICT
UNITED STATES DEPARTMENT OF AGRICULTURE
FARMERS HOME ADMINISTRATION
ASSOCIATION WATER OR SEWER SYSTEM GRANT AGREEMENT
FORM APPROVED
OMB No. 0575-0074
Expiration date available upon request.
THIS AGREEMENT dated
October 16
, 198 9 , between
SOUTHEAST WATER AND SEWER DISTRICT OF HARNETT COUNTY
a public corporation organized and operating under
CHAPTER 162 -A OF THE GENERAL STATUTES
OF THE STATE OF NORTH CAROLINA
(AathoHzMg Statute)
herein called "Grantee," and the United States of America acting through the Farmers Home Administration, Department of
Agriculture, herein called "Grantor," WITNESSETH:
664
WHEREAS
Grantee has determined to undertake a project of acquisition, construction, enlargement, or capital improvement of a (water)
(sewer) system to serve the area under its jurisdiction at an estimated cost of $ 4 , 2 0 0 , 0 0 0 and has duly authorized
the undertaking of such project.
Grantee is able to finance not more than $ 2 , 5 5 7 , 0 0 0 of the development costs through revenues, charges,
taxes or assessments, or funds otherwise available to Grantee resulting in a reasonable user charge.
Said sum of $ 7 , 5 5 7 , 000 has been committed to and by Grantee for such project development costs.
Grantor has agreed to grant the Grantee a sum not to exceed $ 1 , 6 4 3 , 0 0 0 or . 3 91 2 percent of said develop-
ment costs, whichever is the lesser, subject to the terms and conditions established by the Grantor. Provided, however, that
the proportionate share of any grant funds actually advanced and not needed for grant purposes shall be returned immediately
to the Grantor. The Grantor may terminate the grant in whole, or in part, at any time before the date of completion, when-
ever it is determined that the Grantee has failed to comply with the conditions of the grant.
NOW, THEREFORE, In consideration of said grant by Grantor to Grantee, to be made pursuant to Section 306 (a) of
the Consolidated Farm and Rural Development Act for the purpose only of defraying a part not to exceed 3 91 7
percent of the development costs, as deemed by applicable Farmers Home Administration instructions.
GRANTEE AGREES THAT GRANTEE WILL:
A. Cause said project to be constructed within the total sums available to it, including said grant, in accordance with the
project plans and specifications and any modifications thereof prepared by Grantee and approved by Grantor.
B. Permit periodic inspection of the construction by a representative of Grantor during construction.
C. Comply with all applicable state and federal laws and regulations and manage, operate and maintain the system, includ-
ing this project if less than the whole of said system, continuously in an efficient and economical manner.
D. Make the services of said system available within its capacity to all persons in Grantee's service area without discrimina-
tion as to race, color, religion, sex, national origin, age, marital status, or physical or mental handicap (possess capacity to
enter into legal contract for services) at reasonable charges, including assessments, taxes, or fees in accordance with a schedule
of such charges, whether for one or more classes of service, adopted by resolution date 0 c t n h e r 1 6, 19 R 9 , as may
be modified from time to time by Grantee. The initial rate schedule must be approved by Grantor. Thereafter, Grantee may
make such modifications to the rate system as long as the rate schedule remains reasonable and nondiscriminatory.
The information collected through the grant agreement Is required to obtain a construction development grant and Is used to
determine that the grant funds are used for authorized program purposes.
E. Adjust its operating costs and service charges from time to tune to provide -for adequate operation and maintenance,
emergency repair reserves, obsolescence reserves, . debt service and debt service reserves., ...
F. Expand its system from time to time to meet reasonably anticipated growth or service requirements in the area within
its jurisdiction.
G. Provide Grantor with such periodic reports as it may require and permit periodic inspection of its operations by a
representative of the Grantor., .
H. To execute Forms FmHA 400 -1, "Equal Opportunity Agreement," and FmHA 400-4, "Assurance Agreement," and
any other agreements required by Grantor which Grantee is legally authorized to execute. If any such forms have been
executed by Grantee as a result of a loan being made to Grantee by Grantor contemporaneously with the making of this
Grant, another form of the same type need not be executed in connection with this Grant. `
I. Upon any default under its representations or agreements set forth in this instrument, or in the instruments incident to
the awarding of the grant, Grantee, at the option and demand of Grantor, to the extent legally permissible, will repay to
grantor forthwith the original amount of the grant received with the interest accruing thereon from the date of default at
the market rate for water and waste disposal loan assistance in effect on the date hereof or at the time the default occurred,
whichever is greater. Default by the Grantee will constitute termination of the.grant thereby causing cancellation of Federal
assistance under the grant. The provisions of this Grant Agreement may be enforced. by Grantor, at its option and without
regard to prior waivers by it of previous defaults of Grantee, by judicial proceedings to require specific performance of the
terms of this Grant Agreement or by such other proceedings in law or equity, in either Federal or State courts, as may be
deemed necessary by Grantor to assure compliance with the provisions of this Grant Agreement and the laws and regula-
tions under which this grant is made.
J, Return immediately to Grantor, as required by the regulations of Grantor; any grant funds actually advanced and not
needed by Grantee for approved purposes. . -
K. Use the real property including land, land improvements, structures, and appurtenances thereto, for authorized pur-
poses of the grant as long as needed.
1. Title to real property shall vest in the recipient subject to the condition that the Grantee shall use the real property
for the authorized purpose of the original grant as long as needed.
2. The Grantee shall obtain approval by the Grantor agency for the use of the real property in other projects when
the Grantee determines that the property is no longer needed for the original grant purposes. Use in other projects shall
be limited to those under other Federal grant programs or programs that have purposes consistent with those authorized
for support by the Grantor.
3. When the real property is no longer needed as provided in 1 and 2 above, the Grantee shall request disposition
instructions from the Grantor agency or its successor Federal agency. The Grantor agency shall observe the following
rules in the disposition instructions:
(a) The Grantor may be permitted to retain title after it compensates the Federal Government in an amount com-
puted by applying the Federal percentage of participation in the cost of the original project to the fair market value
of the property.
(b) The Grantee may be directed to sell the property under guidelines provided by the Grantor agency and pay the
Federal Government an amount computed by applying the Federal percentage of participation in the cost of the
original project to the proceeds from sale (after deducting actual and reasonable selling and fur -up expenses, if any,
from the sale proceeds). When the Grantee is authorized or required to sell the property, proper sales procedures shall
be established that provide for competition to the extent practicable and result in the highest possible return.
(c) The Grantee may be directed to transfer title to the property to the Federal Government provided that in such
cases the Grantee shall be entitled to compensation computed by applying the Grantee's percentage of participation
in the cost of the program or project to the current fair market value of the property. •
665
This Grant Agreement covers the following described real property (use continuation sheets as necessary).
All tank sites, pump station sites, meter vault sites, all Rights of Way
or Easements that are obtained by Southeast Water and Sewer District by
negotations, condemnation, or purchase of existing systems.
L. Abide by the following conditions pertaining to nonexpendable personal property which is furnished by the Grantor or
acquired wholly or in part with grant funds. Nonexpendable personal property means tangible personal property having a
useful life of more than one year and an acquisition cost of 1300 or more per unit. A Grantee may use its own definition of
nonexpendable personal property provided such definition would at least include all tangible personal property as defined
above.
1. Use of nonexpendable property.
(a) The Grantee shall use the property in the project for which it was acquired as long as needed. When no longer
needed for the original project, the Grantee shall use the property in connection with its other Federally sponsored
activities, if any, in the following order of priority:
(1) Activities sponsored by the FmHA.
(2) Activities sponsored by other Federal agencies.
(b) During the time that nonexpendable personal property is held for use on the project for which it was acquired,
the Grantee shall make it available for use on other projects if such other use will not interfere with the work on the
project for which the property was o ally acquired. First preference for such other use shall be given to FmHA
sponsored projects. Second preference will be given to other Federally sponsored projects.
2. Disposition of nonexpendable property. When the Grantee no longer needs the property as provided in paragraph (a)
above, the property may be used for other activities in accordance with the following standards:
(a) Nonexpendable property with a unit acquisition cost of less than 11,000. The Grantee may use the property
for other activities without reimbursement to the Federal Government or sell the property and retain the proceeds.
(b) Nonexpendable personal property with a unit acguisition cost of 11,000 or more. The Grantee may retain
the property for other uses provided that compensation is made to the original Grantor agency or its successor. The
amount of compensation shall be computed by applying the percentage of Federal participation in the cost of the
original project or program to the current fair market value of the property. If the Grantee 6s no need for the prop-
erty and the property has further use value, the Grantee shall request disposition instructions from the original Grantor
agency.
The Grantor agency shall determine whether the property can be used to meet the agency's re uirements. If no require-
ment exists within that agency, the availability of the property shall be reported, in accordance with the guidelines
of the Federal Property Management Regulations (FPMR), to the General Services Administration by the Grantor
agency to determine whether a requirement for the property exists in other Federal agencies. The Grantor agency shall
issue instructions to the Grantee no later than 120 days after the Grantee request and the following procedures shall
govern:
(1) If so instructed or if disposition instructions are not issued within 120 calendar days after the Grantee's
request, the Grantee shall sell the property and reimburse the Grantor agency an amount computed by applying
to the sales proceeds the percentage of Federal participation in the cost of the original project or program. How-
ever, the Grantee shall be permitted to deduct and retain from the Federal share 1100 or ten percent of the proceeds,
whichever is greater, for the Grantee's selling and handling expenses.
(2) If the Grantee is instructed to ship the property elsewhere the Grantee shall be reimbursed by the benefitting
Federal agency with an amount which is computed by applying the percentage of the Grantee participation in the
cost of the original grant project or program to the current fair market value of the property, plus any reasonable
shipping or interim storage costs incurred.
(3) If the Grantee is instructed to otherwise dispose of the property, the Grantee shall be reimbursed by the
Grantor agency for such costs incurred in its disposition.
3. The Grantee's property management standards for nonexpendable personal property shall also include:
(a) Property records which accurately provide for: a description of the property; manufacturer's serial number or
other identification number; acquisition date and cost; source of the property; percentage (at the end of budget year)
of Federal participation in the cost of the project for which the property was acquired; location, use and condition
of the property and the date the information was reported; and ultimate disposition data including sales price or the
method used to determine current fair market value if the Grantee reimburses the Grantor for is share.
(b) A physical inventory of property shall be taken and the results reconciled with the property records at least
once every two years to verify the existence, current utilization, and continued need for the property.
(c) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of the prop-
erty. Any loss, damage, or theft of nonexpendable property shall be investigated and fully documented.
(d) Adequate maintenance procedures s611 be implemented to keep the property in good condition.
(d) Proper sales procedures shall be established for unneeded property which would provide for competition to the
extent practicable and result in the highest possible return.
This Grant Agreement covers the following
A 1 1 distribution lines,
tanks, all buildings, ma
constructed or purchased
part of its initial wate
described nonexpendable property (cue continuation sheets as necessary).
meters, valves, fire hydrants, water storage
ster meters, and any and all other facilities
by Southeast Water and Sewer District as a
r distribution facility.
M. Provide Financial Management Systems which will include:
1. Accurate, current, and complete disclosure of the financial results of each grant. Financial reporting will be on an
accrual basis.
2. Records which identify adequately the source and application of funds for grant - supported activities. Those records
shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities,
outlays, and income.
3. Effective control over and accountability for all funds, property and other assets. Grantees shall adequately safe-
guard all such assets and shall assure that they are used solely for authorized purposes.
4. Accounting records supported by source documentation.
N. Retain financial records, supporting documents, statistical records, and all other records pertinent to the grant for a
period of at least three years after grant closing except that the records shall be retained beyond the three -year period if
audit findings have not been resolved. Microfilm copies may be substituted in lieu of original records. The Grantor and the
Comptroller General of the United States, or any of their duly authorized representatives, s611 have access to any books,
documents, papers, and records of the Grantee'sgovernment which are pertinent to the specific grant program for the purpose
of making audits, examinations, excerpts and transcripts.
666
O. Provide information as requested by the Grantor to determine the need for and complete any necessary Environ-
mental Impact Statements.
P. Provide an audit report prepared in sufficient detail to allow the Grantor to determine that funds have been used in
compliance with the proposal, any applicable laws and regulations and this Agreement.
Q. Agree to account for and to return to Grantor interest earned on grant funds pending their disbursement for program
purposes when the Grantee is a unit of local government or a nonprofit organization. States and agencies or instrumentali-
ties of states shall not be held accountable for interest earned on grant funds pending their disbursement.
R. Not encumber, transfer or dispose of the property or any part thereof, furnished by the Grantor or acquired wholly
or in part with Grantor funds without the written consent of the Grantor except n provided in items K and L above.
S. Include in all contracts for construction or repair a provision for compliance with the Copeland "Anti -Kick Back"
Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). The Grantee shall report all
suspected or reported violations to the Grantor.
T. In construction contracts in excess of *2,000 and in other contracts in excess of $2,500 which involve the employ-
ment of mechanics or laborers, to include a provision for compliance with Sections 103 and 107 of the Contract Work Hours
and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR, Part 5).
U. To include in all contracts in excess of *100,000 a provision that the contractor agrees to comply with all the require-
ments of Section 114 of the Clean Air Act (42 U.S.C:11875C -9) and Section 308 of the Water Pollution Control Act (33
U.S.C. § 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified
in Section 114 of the Clean Air Act and Section 308 of the Water Pollution Control Act and all regulations and guidelines
issued thereunder after the award of the contract. Such regulations and guidelines can be found in 40 CFR 15.4 and 40 FR
17126 dated April 16, 1975. In so doing the. Contractor further agrees:
1. As a condition for the award of contract, to notify the Owner of the receipt of any communication from the Environ-
mental Protection Agency (EPA) indicating that a facility to be utilized in the performance of the contract is under
consideration'to be listed on thetEPA list of Violating Facilities. Prompt notification is required prior to contract award.
2. Tp certify that any facility to be utilized in the performance of any nonexempt contractor subcontract is not
listed on the EPA list of Violating Facilities pursuant to 40 CFR 15.20 as of the date of contract award.
3. To include or cause to be included the above criteria and the requirements in every nonexempt subcontract and
that the Contractor will take such action as the Government may direct as a means of enforcing such provisions.
As used in these paragraphs the term "facility" means any building, plan, installation, structure, mine, vessel or other floating
craft, location, or site of operations, owned, leased, or supervised by a Grantee, cooperator, contractor, or subcontractor, to
be utilized in the performance of a grant, agreement, contract, subgrant; or subcontract. Where a location or site of operation
contains or includes more than one building, plant, installation, or structure, the entire location shall be deemed to be a
facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that inde-
pendent facilities are co- located in one geographical area.
V. The following clause is applicable to nonprofit organizations:
As a condition of this Grant or Cooperative Agreement, the recipient assures and certifies that it is in compliance
with and will comply m the course of the Agreement with all applicable laws, regulations, Executive Orders and
other generally applicable requirements, including those set out in 7 CFR 3015.205(b), which hereby are incor-
porated in this Agreement by reference, and such statutory provisions as are specifically set forth herein.
GRANTOR AGREES THAT IT:
A. Will make available to Grantee for the purpose of this Agreement not to exceed $ 1 , 643 , 000
which it will advance to Grantee to meet not to exceed . 3912 percent of the development costs of the project in accor-
dance with the actual needs of Grantee as determined by Grantor.
B. Will assist Grantee, within available appropriations, with such technical assistance as Grantor deems appropriate in
planning the project and coordinating the plan with local official comprehensive plans for sewer and water and with any
State or area plans for the area in which the project is ideated.
C. At its sole discretion and at any time may give any consent, deferment, subordination, release; satisfaction, or termina-
tion of any or all of Grantee's grant obligations, with or without valuable consideration, upon such terms and conditions as
Grantor may determine to be (1) advisable to further the purpose of the grant or to protect Grantor's financial interest
therein and (2) consistent with both the statutory purposes of the grant and the limitations of the statutory authority under
which it is made.
TERMINATION OF THIS AGREEMENT
This Agreement may be terminated for cause in the event of default on the part of the Grantee as provided in paragraph I
above or for convenience of the Grantor and Grantee prior to the date of completion of the grant purpose. Termination for
convenience will occur when both the Grantee and Grantor agree that the continuation of the project will not produce
beneficial results commensurate with the further expenditure of funds.
IN WITNESS WHEREOF. Grantee on the date first above written has caused. these presence to be executed by its duly
authorized Chairman
and attested and its corporated seal affixed by its duly authorized C 1 e r k
ATTEST.
By
Clerk
(Title)
(At
By
Chairman
(Title)
UNITED STATES OF AMERICA
" FARMERS HOME ADMINISTRATION
By
District Director
(Title)
667
USDA -FmHA
Form FmHA 400-4
(Rev. 8- 29 -79)
The
Position 3
ASSURANCE AGREEMENT
(Under Title VI, Chi Rights Act of 1964)
SOUTHEAST WATER SFWfl DISTRICT
(name of recipient)
ED BOX 759. Lillingt.on. 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 Farmers
Home Administration regulations promulgated thereunder, 7 C.F.R. 51901.202. 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. 514.2) no person in the United States shall, on the ground of
race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination.
1. Recipient agrees that any transfer of any aided facility, other than personal property, by sale, lease or other
conveyance otcontract, shall be, and shall be made expressly, subject to the obligations of this agreement and
transferee's assumption thereof.
2. Recipient shall:
(a) Keep such records and submit to the Government such timely, complete, and accurate information as the
Government may determine to be necessary to ascertain our /my compliance with this agreement and the regulations.
(b) Permit access by authorized employees of the Farmers Home Administration or the U.S. Department of
Agriculture during normal business hours to such books, records, accounts and other sources of information and its
facilities as may be pertinent to ucertaining 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 Horne Administration or the
US. 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 fmancial assistance is made
or for another purpose which affords similar services or benefits, or for as long as the Recipient retains ownership or
possession of the property, whichever is longer.
(b) As to any personal property acquired or improved with the aid of the Federal financial assistance, so long as
Recipient retains ownership or possession of the property.
(c) As to any other aided facility or activity, until the last advance of funds under the loan or grant has been made.
4. Upon any breach or violation of this agreement the Government may, at its option:
(a) Terminate or refuse to render or continue financial 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, SOUTHEAST WATER & SEWER DISTRICT— , - - -�— _— _— on this
— �'- - - - - -- (name or nelplent) —�
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.
(5EAL)
Form FHA 44246
(Rev. 1 -9-69)
Clerk,
BY
StilltaLLST 2STEE_S SEW R R D ISTRieC
cipient
Date
-- - - - - -°
Title
Recipient
UNITED STATES DEPARTMENT OF AGRICULTURE
FARMERS HOME ADMINISTRATION
LETTER OF INTENT TO MEET CONDITIONS
Date October 16, 1989
TO: Farmers Home Administration
United States Department of Agriculture
4001 Carya Drive, Suite B
Raleigh, North Carolina 27610
(County Office Address)
We have reviewed and understand the conditions set forth in your letter dated
October 12, 1989
668
It is our intent to meet all of them not later than March 1. 1990
WE ALSO ELECT 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.
Form FmHA 400 -1
(Rev. 7- 19-83)
This agreement, dated
SOUTHEAST WATER & SEWER DISTRICT
(Name of Association)
BY
UNITED STATES DEPARTMENT OF AGRICULTURE
FARMERS HOME ADMINISTRATION
EQUAL OPPORTUNITY AGREEMENT
Occtober 161_ 1989
SOUTHEAST WATER & SEWER DISTRICT
FORM APPROVED
OMB No. 0575 -0018
APPROVAL EXPIRES 4/84
between
(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 $10,000 -- unless
exempted by rules, regulations or orders of the Secretary of Labor issued persuant to Section 204 of Executive Order 11246 of
September 24, 1965.
1. To incorporate or cause to be incorporated into any contract for construction work, or modification thereof, subject
to the 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 the aid of such financial assistance, the following "Equal Opportunity Clause ":
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex or national origin. The contractor will take affirmative action to ensuie 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 pay or 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 tliat 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 of 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. 5. 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 or 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 Home Administration may direct as a means of enforcing such
provisions, including sanctions 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
Farmers Home Administration, the contractor may request the United States to enter into such litigation to protect
the interest of the United States.
Position 6
FmHA 400 -1 (Rev. 7 -19 -83)
669
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 Pert 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 COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective primary participant certifies to the best of its knowledge 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 within 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
governmental 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.
SOUTHEAST WATER & SEWER DISTRICT
Organization Name PR /Award Number or Project Name
LLOYD STEWART CHAIRMAN
Name and Title of Authorized Representative
OCTOBER 16. 1989
Signature(/ Date
1
r
Form AD -1047 (2/89)
670
OMB APPROVAL N0.
9000 -0101
U.S. DEPARTMENT. OF AGRICULTURE
CERTIFICATION REGARDING
DRUG -FREE WORKPLACE REQUIREMENTS (GRANTS)
ALTERNATIVE I - FOR GRANTEES OTHER THAN. INDIVIDUALS
This certification is required by the regulations implementing Sections 5151 -5160 of the Drug -
Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701 et seq.), 7 CFR
Part 3017, Subpart F, Section 3017.600, Purpose. The regulations were published as Part 11 of
the January 31, 1989 Federal Register (pages 4947- 4952). Copies of the regulations may be
obtained by contacting the Department of Agriculture agency offering the grant.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
Alternative I
(A) The grantee certifies that it will provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
(b) Establishing a drug-free awareness program to inform employees about --
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring
the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition
of employment under the grant, the employee will --
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five days after such conviction;
(e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2)
from an employee or otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph
(d)(2), with respect to any employee who is so convicted
(1) Taking appropriate personnel action against such an employee, up to and including
termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency;
CO Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e) and (f).
B. The grantee shall insert in the space provided below the site(s) for the performance of work
done in connection with the specific grant.
671
Place of Performance (Street address, city, county, State, zip code)
Southeast Water & Sewer District of Harnett County, Aversboro and Duke
Townships.
SOUTHEAST WATER & SEWER DISTRICT
Organization Name
LLOYD STEWART
PR /Award Number or Project Name
CHAIRMAN
Name Title of A th rize
Signet e
OCTOBER 16. 1989
Date
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this form, the grantee is providing the certification set out on
pages 1 and 2.
2. The certification set out on pages 1 and 2 is a material representation of fact upon which
reliance was placed when the agency determined to award the grant. If It Is later determined that
the grantee knowingly rendered a false certification, or otherwise violates the requirements of
the Drug -Free Workplace Act, the agency, in addition to any other remedies available to the
Federal Government, may take action authorized under the Drug-Free Workplace Act.
USDA -FmHA
Form FmliA 1910 -11
(6 -89)
Position 3
APPLICANT CERTIFICATION
FEDERAL COLLECTION POLICIES FOR CONSUMER OR COMMERCIAL DEBTS
FORM APPROVED
OMB NO. 0575 -0127
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:
Foreclose on any security you have given for the loan.
Report your name and account 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.
Refer your account to the Department of Justice for litigation in 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 debarment or suspension.
Any or all of these actions may be used to recover any debts owed when it is determined to be in the interest of the Government to do so.
CERTIFICATION: 1 /we have read and 1 /we understand the actions the Federal Government may take in the event that 1 /we fail to meet
my /our scheduled payments in accordance with the terms and conditions of my agreement. I /we understand that the above list is not all
inclusive and that the Federal Government may deem additional actions necessary to collect should 1 /we become delinquent.
SOUTHEAST WATER & SEWER DISTRICT
(SEAL)
ATTEST: y� /
(Signature of At t 4 g Offs I)
(Name of Applicant)
(Signature ofrYtit'ialfficiall
Chairman
(Title of3FIX(NiDff icia()
PO Box 759
(Address)
Clerk Lillington, NC 27546
(Title of Attesting Official) (City, State, and Zip Code)
..,. ...0 e. n......r :..r.......u.... .. am.naew t., aummeta C. minute, ear resofnce Inrlutlinq the time for reviewing inStructlons. searching
672
USDA -FmHA
Form FmHA 442 -7
(Rev. 8- 12 -76)
Position 3
OPERATING BUDGET
Schedule 1
Name
Southeast Water & Sewer District
Applicant. Fiscal Year
From July 1 To June 30
OPERATING INCOME
1 Water Sales
2. Tap on Fees
1989 -90
(1)
Address
P. 0. Box 759, Lillington
State (Including
North Caro
County
Harnett
ZIP Code)
ina 27546
First Full Year
(5)
19 90 -91
(2)
19
19
227,800
(3)
(4)
339,984
3,000
3.
4.
5. Miscellaneous
6. Less: Allowances and
Deductions
7. Total Operating Income
(Add Lines 1 through 6)
OPERATING EXPENSES
8. Salaries /Travel
9. Insurance /Audit
(
(
227,800
22,000
342.984
22 000
10 Office Expense
11 Utilities /Transport
12 Maintenance /Repair
131m. Supplies /Misc.
14.Buk Water Purchase
15. Interest (FmHA)
16. Depreciation
17. Total Operating Expense
(Add Lines 8 through 16)
18. NET OPERATING INCOME
(LOSS) (Line 7 less 17)
NONOPERATING INCOME
19.
20.
21. Total Nonoperating Income
(Add 19 and 20)
22. NET INCOME (LOSS
(Add Lines 18 and 21
(transfer to line A Schedule
21
4,000
5,000
8,000
4.000
5,000
12,000
7,000
5,000
117,000
149,520
81,000
402.520
<59,536>
4,700
3,400
79,000
100,179
54,270
280,549
<52,749>
<52,749>
<59,536>
Bud
d Projected Cash Flow Approved by Governing Body
Attest 467-^"'e -44 "--)
Secretary
Date
Appropriate Official Date
673
r
Schedule 2
PROJECTED CASH FLOW
I, the undersigned, as Clerk
CERTIFICATION
-3-
of the SOUTHEAST WATER & SEWER DISTRIC
hereby certify that the ROARn OF COMMISSIONERS
of such Association is composed of
members, of whom constituting a quorum, were present at a meeting thereof duly called and
held on the 1 6 T H day of 0 C. T 0 R F R 19.1.2.4 that the foregoing resolution was adopted at such meeting
by the vote shown above; and that said resolution has not been rescinded or amended in any way.
Dated, this 16TH day of OCTOBER 1189.
Title
Clerk
19$9 -90
1990-91
19
19
First
Full Year
A. Line 22 from Schedule1 Income (loss)
Add
<52,749>
<59,536>
54,270
81,000
B. Items in Operations not Requiring Cash:
1. Depreciation (line 16 Schedule 1)
2. Others
C. Cash Provided From:
4,1.35,000
1. Proceeds from FmHA loan /grant
2. Proceeds from others
3. Increase (Decrease) in Accounts Payable, Accruals
and other Current Liabilities
4. Decrease (Increase) in Accounts Receivable, Inventories
Other Current Assets (Exclude Cash)
-
and
Other. Appl Contribution
65,000
5.
6 = Sale BAN
2,492,000
D. Total all A, B and C Items
E. Less: Cash Ex • ended for:
2,557,000
4,136, 521
21,464
2,100,000
2+100,000
1. All Construction, Equipment and New Capital Items
(loan and Grant funds)
2. Replacement and Additions to Existing Property,
Plant and Equipment
3. Principal Payment FmHA Loan
4. Principal Payment Other Loans
Repay BAN
3,000
18, 342
' -
.
2,492,000
5. Other:
6. Total E 1 through 5
Add
x.100.000
4.592.000
21.342
0
457 000
-
F. Beginning Cash Balances
G. Ending Cash Balances (Total of D Minus E 6 Plus F)
Item G Cash Balances Composed of:
45
i
f 122
$ 457,000
:
f
Z
f
Construction Account
Revenue Account
Debt Payment Account
O&M Account
Reserve Account
Funded Depreciation Account
Others.
1 521
122
Total - Agrees with Item G
45
�
$-
_
L,-- 122
I, the undersigned, as Clerk
CERTIFICATION
-3-
of the SOUTHEAST WATER & SEWER DISTRIC
hereby certify that the ROARn OF COMMISSIONERS
of such Association is composed of
members, of whom constituting a quorum, were present at a meeting thereof duly called and
held on the 1 6 T H day of 0 C. T 0 R F R 19.1.2.4 that the foregoing resolution was adopted at such meeting
by the vote shown above; and that said resolution has not been rescinded or amended in any way.
Dated, this 16TH day of OCTOBER 1189.
Title
Clerk
674
SOUTHEAST WATER & SEWER DISTRICT
Resolution No:
BE IT RESOLVED:
That the District accepts the conditions set forth in a
Letter of Conditions dated October 12, 1989 and Form FmHA
1942 -47, Loan Resolution:
That the District approves as shown 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 FmHA, including, but
not limited to the following forms:
Form FmHA 1942 -47 Loan Resolution
Form FmHA 442 -46 Letter of Intent
Form FmHA 442 -7 Operating Budget
Form FmHA 400 -4 Assurance Agreement
Form FmHA 400 -1 Equal Opportunity Agreement
Form FmHA 1940 -1 Request For Obligation of Funds
Form FmHA 1910 -11 Applicant Certification Federal
Collection Policies
Form AD -1047 Certification Regarding
Debarment
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 revise payments as
required by FmHA:
That the Board 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 in as follows:
Minimum $11.00
plus $2.50/1000 gallons
This resolution to become a part of the official minutes of
the Board meeting held on October 16, 1989.
Motion made by , seconded by
to adopt the resolution. Motion passed.
ATTEST:
Clerl
BY:
Chairman
675
DOCUMENT NO. 2.
HARNETT COUNTY
NORTH CAROLINA
RESOLUTION
BE IT RESOLVED that the Harnett County Board of Commissioners do hereby,
by proper execution of this document, request that the North Carolina
Department of Transportation add to the State's Secondary Road System for
maintenance, a street in Scotch Plains Subdivision named Highland Drive.
Adopted this 16th day of October, 1989.
HARNETT COUNTY BOARD OF COMMISSIONERS
DOCUMENT NO, 3.
HARNETT COUNTY
NORTH CAROLINA
PROCLAMATION
PEOPLE RALLYING IN DRUG imam=
RED RIBBON WEE[
THAT, WHEREAS, Alcohol and other drug abuse in this nation has reached
epidemic stages, and the 15 -24 year old age group is dying at a faster rate
than any other age group; and
WHEREAS, it is imperative that visible, unified prevention education
efforts by community members be launched to reduce the demand for drugs; and
WHEREAS, the National Federation of Parents for Drug Free Youth, the
Governor's Council on Alcohol and Drug Abuse, and PRIDE (People Rallying in
Drug Education) are sponsoring the National Red Ribbon Campaign offering
citizens the opportunity to demonstrate their commitment to drug free
lifestyles; and
WHEREAS, the National Red Ribbon Campaign will be celebrated in every
community in America during "Red Ribbon Week ", October 22 -29, 1989; and
WHEREAS, President George Bush and Mrs. Barbara Bush are the National
Honorary Chairmen, and Governor and Mrs. Martin of North Carolina are the
State Honorary Chairmen to provide this community focus on a Drug Free
America; and
WHEREAS, businesses, government, law enforcement, schools, religious
institutions, service organizations, youth, physicians, senior citizens,
military, sports teems, and individuals will demonstrate their commitment to
drug -free, healthy lifestyles by wearing and displaying red ribbons during
this week -long campaign; and
WHEREAS, the County of Harnett further commits its resources to ensure
the success of the Red Ribbon Campaign.
NOW, THEREFORE, BE IT RESOLVED, that the Harnett County Board of
Commissioners does hereby designate October 22 -29, 1989, as Red Ribbon Week,
and encourages all County citizens to participate in drug prevention education
activities, making a visible statement that we are strongly committed to a
drug free county.
BE IT FURTHER RESOLVED, that the Harnett County Board of Commissioners
encourages all citizens to pledge - -MY CHOICE...DRUG FREE.
Duly adopted this 16th day of October, 1989.
HARNETT COUNTY BOARD OF COMMISSIONERS
676
DOCUMENT NO. 4.
RESOLUTION AUTHORIZING FILING OF
APPLICATION TO LOCAL GOVERNMENT COMMISSION
$1,794,000 SANITARY SEWER REFUNDING BONDS
(BUIES CREEK -COATS WATER AND SEWER DISTRICT OF HARNETT COUNTY)
WHEREAS, the Buies Creek -Coats Water and Sewer District of
Harnett County (the "District ") has heretofore issued general
obligation Sanitary Sewer Bonds dated June 1, 1984; and
WHEREAS, $1,794,000 of such bonds are outstanding (the
"Outstanding Bonds "); and
WHEREAS, a proposal has been submitted to. the Board of
Commissioners of Harnett County, sitting as the governing body of the
District (the "Board ") regarding the refunding of the aforementioned
Outstanding Bonds; and
WHEREAS, the. Board deems it advisable to refund the said Bonds
pursuant to and in accordance with The Local Government Finance Act;
and
WHEREAS, in order to proceed with such refunding it was necessary
for the District to have made application to the Local Government
Commission of the Department of the State Treasurer on or before
October 16, 1989; and
WHEREAS, in anticipation of the Board's decision to refund said
Bonds, John M. Phelps, II, attorney for the District, made application
as required, for and on behalf of the District, by letter of October
13, 1989; and
WHEREAS, the Board now desires to approve, ratify, and authorize
the filing of said application.
NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF
COMMISSIONERS, sitting as the governing body of the Buies Creek -Coats
Water and Sewer District of Harnett County that the filing of the
application to the Local Government Commission for approval of the
issuance of $1,794,000 Sanitary Sewer Refunding Bonds by John M.
Phelps, II dated October 13, 1989 is hereby authorized, ratified, and
approved.
Duly adopted this 16th day of October, 1989 upon motion made by
Commissioner Collins , seconded by Commissioner Hudson , and adopted
by the following votes.
AYES S NOES 0
Attest:
a..s .J
Vanessa W. Young Clerk
to the Board an of the
Buies Creek -Coats Water
and Sewer District
ABSENT 0
ABSTAINED 0
Buies Creek -Coats Water and Sewer
District of Harnett County
oyd G. t art
Chairma', Harnett County Board
of Commissioners sitting as the
governing body of the Buies
Creek -Coats Water and Sewer
District of Harnett County