07231984HARNETT COUNTY'BOARD OF COMMISSIONERS SPECIAL MEETING, JULY 23, 1984
The Harnett County Board' of Commissioners met in special session on Monday, July 23,
1984, in the Commissioners Room, County Office Building, Lillington, North Carolina,
as was duly advertised. The following members were present: M. H. Brock, Bill Shaw,
and Rudy Collins with Vice Chairman Lloyd G. Stewart presiding. Chairman Jesse
Alphin was absent. Vanessa W. Young, Clerk to the Board, and Robert Morgan; County
Attorney, were also present.
Vice Chairman Lloyd G. Stewart called the meeting to order at 7 :30 p.m.
CALL TO ORDER
PRAYER - Commissioner Bill Shaw led, the evening prayer.
MINUTES APPROVED The minutes from the Harnett County Board of Commissioners meeting of June 18, 1984
were approved as read.
RESOLUTION RE:
ISSUANCE OF
SEWER BONDS
E. Marshall Woodall, Attorney for the Buies Creek -Coats Water and Sewer District,
appeared - before the Board and presented for the Board's consideration a resolution
providing for the issuance of $1,843,000 sanitary sewer bonds. Following a lengthy
discussion, Commissioner Brock introduced the following resolution which was read;.
RESOLUTION.PROVIDTNG FOR THE
ISSUANCE OF $1,843,000 SANITARY SEWER BONDS
BE IT RESOLVED by the Board of Commissioners for the County of Harnett, acting
as the governing body of the Buies Creek -Coats Water and Sewer District of Harnett
County:
Section 1. The Board has determined and does hereby find and declare:
(a) That an order authorizing not exceeding $2,500,000 Sanitary Sewer Bonds
was adopted by the Board on March 15, 1982, which order was approved by the vote of
a majority of the qualified voters of said District who voted thereon at a referen-
dum duly called and held on April 30, 19821
(b) That none of said-bonds-has been issued and that there are outstanding
$1,843,000 Sanitary Sewer Bond Anticipation Notes of said - District, date March 13,
1984, maturing- August 15, 1984 and bearing,' interest at the rate of 5.44% per annum,
which notes were issued in anticipation of the receipt of the proceeds of the sale
of a like amount of said bonds.
(c) That it is necessary to issue this time $1,843,000 of said bonds, the
proceeds of the sale thereof to be applied to the payment of said notes at their
maturity.
(d) That the maximum period of usefulness of the sanitary sewer system to -be
constructed with the proceeds of said bonds is estimated as a period of forty years
from June 1, 1984 (or such later date as may be applicable pursuant to Section 2
hereof), the date of the bonds authorized hereby, and that such period expires on
June 1, 2024.
Section 2. Pursuant to said order there shall be issued bonds (the "Bonds ") of
the Buies Creek -Coats Water and Sewer District of Harnett County, North Carolina
(the "Issuer ") in the aggregate principal amount, of $1,843,000.` The Bonds shall be
designated "Sanitary Sewer Bonds", shall be dated June 1, 1984 (unless the Bonds
shall be awarded to the United States of America, Farmers Home Administration (the
!!FmHA "), in which event the Bonds shall be dated as of the date of delivery thereof),
and shall be stated to mature (subject to the right of prior redemption as herein-
after set forth) annually, June -1-; $15,000'1987, $16,000 1988, $18,000 1989,
$20,000 1990, $22,000 1991; $25,000 1992, $28,000 1993, $31,000 1994, $34,000 1995,
'$38,000 1996, $43,000 1997, $47,000 1998, $53,000 1999, $59,000 2000, $60,000 2001
to 2023, inclusive, and $14,000 2024, unless the Bonds shall be awarded to the
FMMA, in which event the Bonds shall be stated to mature as hereinafter set forth.
The Bonds shall be issuable in fully registered form in the denomination of
$1,000 or any multiple thereof and shall be numbered.
The Bonds shall bear interest at a rate or rates to be determined by the Local
Government Commission of North Carolina at the time the Bonds are sold, which inter-
est to the respective maturities thereof shall be payable semi- annually on June 1
and December 1 of each year; provided, however, that the interest on any Bond awardec
to the FmHA to the respective maturities of the installments of the principal there-
of shall be, payable on June 1, 1985, an annually thereafter on the 1st` day of June
each year Each Bond shall bear interest from the interest payment date next pre-
ceding the date on which it is authenticated unless it is (a) authenticated upon
an interest date in which' event it shall bear interest from such interest
payment date or (b) 'authenticated prior to the first interest payment date in which
event it shall bear interest froni its date, provided, however, that if at the time
of authentication is in default, such Bond shall bear interest form the date to which
interest has been paid.
1
45$j
The principal of and the interest and any redemption premium on the Bonds shall be payable
in any coin or currency of the United States of America which is legal tender for the payment of
public and private debts on the respective dates of payment thereof. The principal of and any
redemption premium on each Bond, other than a Bond registered in the name of FmHA, shall be payable
to the registered owner thereof or his registered assigns or legal representative at the principal
office of the Bond Registrar mentioned hereinafter upon the presentation and surrender thereof as the
same shall become due and payable. Payment of the interest on each Bond shall be made by the Bond
Registrar on each interest payment date to the person appearing on the registration books of the
Issuer hereinafter provided for as the registered owner of such Bond at the close of business on the
record date for such interest, which shall be the 15th day (whether or not a business day) of the
calendar month next preceding such interest payment date, by check mailed to such registered owner
at his address as it appears on such registration books or, in the case of a Bond registered in the
name of the FmHA, as hereinafter provided. If the FmHA is the registered owner of any Bond, payment
of the installments of principal and interest with respect thereto shall be made at the office of such
fiscal agent as the FmHA shall designate without presentation or surrender thereof.
The Bonds maturing prior to June 1, 1995, will not be subject to redemption prior to maturity.
The Bond maturing on June 1, 1995, and thereafter will be redeemable, at the option of the Issuer,
from any moneys that may be made available for such purpose, either in whole or any date not earlier
thanJunel, 1994, or in part on any interest payment date not earlier than June 1, 1994, at the princi-
pal amount of the Bonds to be redeemed, together with interest accrued thereon to the date fixed for
redemption, plus a redemption premium of 1/2 of 1% of the principal amount of each Bond to be redeemed
for each calendar year or part thereof between the redemption date and the maturity date of such Bond,
such premium not to exceed 2% of such principal amount.
If less than all of the Bonds of any one maturity shall be called for redemption, the particular
Bonds or portions of Bonds of such maturity to be redeemed shall be selected by the Issuer in such
manner as the Issuer in its discretion may determine; provided, however, that the protion of any
Bond to be redeemed shall be in the principal amount of $1,000 or some multiple thereof and that, in
selecting Bonds for redemption, the Bond Registrar shall treat each Bond as representing that number
of Bonds which is obtained by dividing the principal amount of such Bond by $1,000. If less than all
of the Bonds stated to mature on different dates shall be called for redemption, the particular
Bonds orportions thereof to be redeemed shall be called in the inverse order of their maturities.
Not more than sixty (60) nor less than thirty (30) days before the redemption date of any Bonds
to be redeemed, whether such redemption be in whole or in part, the Issuer shall cause a notice of
such redemption to be filed with the Bond Registrar and to be mailed, postage prepaid, to the
registered owner of each Bond to be redeemed in whole or in part at his address appearing upon the
registration books of the Issuer. Each such notice shall set forth the date designated for redemption,
the redemption price to be paid, the maturities of the Bonds to be redeemed and, if less than all of
the Bonds of any one maturity then outstanding shall be called for redemption, the distinctive
numbers and letters, if any, of such Bonds to be redeemed and, in the case of any Bond to be redeemed
in part only, the portion of the principal amount thereof to be redeemed. If any Bond is to be
redeemed in part only, the notice of redemption shall state also that on or after the redemption date,
upon surrender of such Bond, a new Bond or Bonds in principal amount equal to the unredeemed portion
of such Bond will be issued.
The preceding provisions of this Section shall not apply to Bonds awarded to the FmHA. If the
FmHA is the purchaser of the Bonds there will be issued a single registered Bond as hereinafter
provided, which Bond may be redeemed, at the option of the Issuer, at any time prior to the maturity
of any installment of the principal thereof, either in whole or in part in the inverse order of the
maturity dates of the installments of principal, from any moneys that may be made available for such
purpose, at the aggregate principalamount of the installments of principal to be redeemed, together
with the interest accrued thereon to the date fixed for redemption, but without any premium.
In case of a redemption of all or any part of a Bond awarded to the FmHA, a notice of redemption
shall be sent by registered mail, mailed at least forty (40) days prior to the date fixed for
redemption, addressed to the Finance Office, Farmers Home Administration, United States Department
of Agriculture, 1530 Market Street, St. Louis, Missouri, 63103, or to such other address as the
FmHA may designate by registered or certified mail forwarded to the Issuer at least fifty (50) days
prior to any interest payment date.
On the date fixed for redemption, notice having been given in the manner and under the conditions
hereinabove provided, the Bonds or portions thereof called for redemption shall be due and payable
at the redemption price provided therefor, plus accrued interest to such date. If moneys sufficient
to pay the redemption price of the Bonds or portions thereof to be redeemed, plus accrued interest
thereon to the date fixed for redemption, are held by the Bond Registrar, or at such place as the
FmHA may designate in the case of a Bond registered in the name of the FmHA, in trust for the
registered owners of Bonds or portions thereof to be redeemed, interest on the Bonds or portions
thereof called for redemption shall cease to accrue, such Bonds or portions thereof shall cease to
be entitled to any benefits or security under this resolution or to be deemed outstanding, and the
registered owners of such Bonds or portions thereof shall have no rights in respect thereof except
to receive payment of the redemption price thereof, plus accrued interest to the date of redemption.
If a portion of a Bond, other than a Bond awarded to the FmHA, shall be selected for redemption,
the registered owner thereof or his attorney or legal representative shall present and surrender such
Bond to the Bond Registrar for payment of the principal amount thereof so called for redemption and
the redemption premium, if any, on such principal amount, and the Bond Registrar shall authenticate
and deliver to or upon the order of such registered owner or his legal representative, without charge
therefor, for the unredeemed portion of the principal amount of the Bond so surrendered, a Bond of the
same maturity, of any denomination or denominations authorized by this resolution and bearing interest
at the same rate.
In the event that an installment of principal of a -Bond awarded to the FmHA shall be redeemed, the
Bond Registrar shall direct the registered owner thereof to evidence such redemption by appropriate
notation on the schedule attached to such Bond for such purpose.
Bonds, upon surrender thereof at the principal office of the Bond Registrar together with an
assignment duly executed by the registered owner or his attorney or legal representative in such form
as shall be satisfactory to the Bond Registrar, may, at the option of the registered owner thereof,
be exchanged for an equal aggregate principal amount of Bonds of the same maturity (or, in the case of
a Bond awarded to the FmHA, of Bonds having maturities corresponding to the maturities of the install-
ments of principal of such Bond then unpaid), of any denomination or denominations authorized by this
resolution and bearing interest at the same rate.
Except as hereinafter otherwise provided, the transfer of any Bond may be registered only upon
the registration books. of the-Issuer upon the surrender thereof to the Bond Registrar together with an
assignment duly executed by -the registered owner -or his attorney or legal representative in-such form
as shall be satisfactory to the Bond Registrar. Upon any such registration of transfer, the Bond
Registrar shall authenticate and deliver in exchange -for such Bond a new Bond or Bonds, registered
in the name of the transferee, of any denomination or denominations authorized by this resolution,
in an aggregate principal amount -on any such Bond shall be made only to or upon the order of the
registered owner thereof or his legal representative. - All such payments shall be -valid and effectual`
to satisfy and discharge the liability upon such Bond, including the redemption premium, if any, and
interest thereon, to the extent of the.sum or sums so paid.
The Issuer shall appoint such registrars, transfer agents, depositaries or other agents as may
be necessary for the registration, 'registration of transfer and exchange of Bonds within a reasonable
time according to then current commercial standards and for the timely payment of principal, interest
and any redemption premium with respect to:the Bonds. First_ Citizens Bank FTrust Company, in the
City of Raleigh, North Carolina, is hereby appointed the registrar, transfer agent and paying agent
(the "Bond Registrar ") for the Bonds, subject to the right of the.. governing body of the Issuer to
appoint another Bond Registrar and except as hereinafter provided, and as-such` shall keep at its
principal office the books of the Issuer for the registration, registration of transfer, exchange and
payment of the Bonds as provided in this resolution. If the FmHA is the purchaser of the Bonds,.
- the Local Government Commission of North Carolina - requests that the County Finance Officer and Clerk
to the:`Board'of Commissioners act as the Bond Registrar, then the Secretary of the Board shall be the
Bond Registrar, provided, however, that in the -event that a Bond registered in the name of the FmHA`
is assigned; the paying agent with respect to such Bond shall be- First Citizens Banks $ Trust
Company, in the City of Raleigh, North Carolin.
The Bonds shall bear the facsimile signatures of or be executed by the. Chairman of the Board of
Commissioners and the County Finance Officer and Clerk to said Board and the official seal of the
Issuer shall be imprinted or impressed on the Bonds.
The 'Certificate-of the Local Government Commission `of North Carolina to be endorsed on all
Bonds shall bear the facsimile signature "of or be executed by the Secretary of said Commission and the
certificate of authentication of the Bond Registrar to be endorsed on all Bonds shall be executed
as provided hereinafter.
In case any officer of the Issuer or the Local Government Commission of North Carolina whose
facsimile signature shall appear on any Bond shall cease to, be such officer before the delivery of
such Bond, such facsimile signature shall nevertheless be valid and sufficient for all purposes the
same as if he had remained in office until such delivery, and any Bond may bear the facsimile signa-
tures of such persons who at the actual time of the execution of such Bond shall bathe proper officers
to sign such Bond although at the date of such Bond such persons may not have been such officers.
No Bond shall be valid or become obligatory for any purpose or be entitled to any benefit or
security under this resolution until it shall have been authenticated by the execution by the Bond
Registrar of the certificate of authentication endorsed thereon.
The Bonds, other than a Bond registered in the name of the FmHA, and the endorsements thereon
shall be in substantially the following forms:
(Front Side of Bond)
No. ..
Maturity. Date
United States of America
State of North Carolina
County of Harnett
BUIES CREEK -COATS WATER AND SEWER DISTRICT
OF HARNETT COUNTY
Sanitary Sewer Bonds
Interest Rate
•
CUSIP
The Buies Creek- Coats Water and Sewer District :of Harnett County, North Carolina, is justly
indebted and '.for value received hereby promises to pay to
registered assigns or legal representative on the date specified above (or earlier as hereinafter
referred to), upon the presentation and surrender hereof, at the principal office of First - Citizens
Bank and Trust Company, in the City of Raleigh, North Carolina, (the "Bond Registrar "), the principal
or
sum of
...:........... ..- ..... _...DOLLARS,..
1
1
461
and to pay to the registered owner hereof, by check mailed to the registered owner at his address
as it appears on the bond registration books of said District, interest on such principal sum from
the date hereof or from the June 1 or December 1 next preceding the date of authentication to which
interest shall have been paid, unless such date of authentication is a June 1 or December 1 to which
interest shall have been paid, in which case from such date, such interest to the maturity hereof
being payable on June 1 and December 1 in each year, at the rate per annum specified above, until
payment of such principal sum. The interest so payable on any such interest payment date will be paid
to the person in whose name this bond is registered at the close of business on the record date for
such interest, which shall be the 15th day (whether or not a business day) of the calendar month next
preceding such interest payment date. Both the principal of and the interest on this bond shall be
paid in any coin or currency of the United States of America that is legal tender for the payment of
public and private debts on the respective dates of payment thereof. For the prompt payment hereof,
both principal and interest as the same shall become due, the full faith and credit of the Buies Creek -
Coats Water and Sewer District of Harnett County are hereby irrevocably pledged.
ADDITIONAL PROVISIONS OF THIS BOND ARE SET FORTH ON THE REVERSE HEREOF AND SHALL FOR ALL PURPOSES
HAVE THE SAME EFFECT AS IF SET FORTH HERE.
This bonds shall not be valid or become obligatory for any purpose or be entitled to any benefit
or security under the resolution mentioned hereinafter until this bond shall have been authenticated
by the execution by the Bond Registrar of the certification of authentication endorsed hereon.
IN WITNESS WHEREOF, the Buies Creek -Coats Water and Sewer District of Harnett County, by resolution
duly adopted by the Board of Commissioners for the County of Harnett, North Carolina, acting as the
governing body of said District, has caused this bond to bear the facsimile signatures of the Chairman
of said Board and the County Finance Officer and Clerk to said Board and a facsimile of its official
seal to be imprinted hereon, all as of the 1st day of June, 1984.
(Facsimile Signature)
Chairman of the Board of Commissioners
(Facsimile Signature)
County Finance Officer and
Clerk to the Board of Commissioners
CERTIFICATE OF LOCAL GOVERNMENT COMMISSION
The issuance of the within bond has been approved underthe provisions of The Local Government
Bond Act of North Carolina.
Date of authentication:
(Facsimile Signature)
Secretary, Local Government Commission
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds of the series designated herein and issued under the provisions
of the within - mentioned Resolution.
FIRST CITIZENS BANK €, TRUST COMPANY
as Bond Registrar
BY
(Reverse Side of Bond)
Authorized Signatory
This bond is one of an issue of bonds designated "Sanitary Sewer Bonds" (the "bonds ") and issued
by said District for the purpose of providing funds, with any other available funds, for constructing
a sanitary sewer system for said District, and this bond is issued under and pursuant to The Local
Government Bond Act, as amended, Article 7, as amended, of Chapter 159 of the General Statutes of
North Carolina, an order which was approved by the vote of a majority of the qualified voters of said
District who voted thereon at a referendum duly called and held, and a resolution duly passed by
the Board of Commissioners for the County of Harnett, acting as the governing body of said District
(the "Resolution ").
The bonds at the time outstanding maturing prior to June 1, 1995, are not subject to redemption
prior to maturity. The bonds maturing on June 1, 1995 and thereafter may be redeemed, at the option
of said District, from any moneys that may be made available for such purpose, either in whole on
any date not earlier than June 1, 1994, or in part on any interest payment date not earlier than
Jun 1, 1994, at the principal amount of the bonds to be redeemed, together with interest accrued thereon
to the date fixed for redemption, plus a redemption premium of 1/2 of 1% of the principal amount of
each bond to be redeemed for each calendar year or part thereof between the redemption date and the
maturity date of such bond, such premium not to exceed 2% of such principal amount.
If less than all of the bonds of any one maturity shall be called for redemption, the particular
bonds or portions of bonds of such maturity to be redeemed shall be selected by said District in such
manner as said District in its discretion may determine; provided, however, that the portion of any
bond to be redeemed shall be in the principal amount of $1,000 or some multiple thereof and that, in
selecting bonds for redemption, the Bond Registrar shall treat each bond as representing that number
462
of bonds which is obtained by dividing the principal amount of such bond, by $1,000. If less than
all of the bonds stated to mature on different dates shall be called for redemption, the particular
bonds or portions thereof to be redeemed shall be called in the inverse order of their maturities.
Not more than sixty (60) nor less than thirty (30) days before the redemption date of any bonds to
be redeemed, whether such redemption be in whole or in part, said District shall cause a notice of such
redemption to be filed with Bond Registrar and mailed, postage prepaid, to the registered owner of
each bond to be redeemed in whole or in part at this address appearing upon the registration books of
said Districts On the date fixed for redemption, notice having been given as aforesaid, the bonds or
portions thereof so called for redemption shall be due and payable at the redemption price provided for
the redemption of such bonds or portions thereof on such date and, if moneys for payment of such redemp
tion price and the accrued interest are held by the Bond Registrar as provided in the Resolution interes
on the bonds or the portions thereof so called for redemption shall cease to accrue`. If a portion
of this bond shall be called for redemption, a new bond or bonds in principal amount equal to the
unredeemed portion hereof will, be issued to the registered owner hereof or his legal representative upo
the surrender hereof.
The bonds are issuable in fully registered form in denomination of $1,000 or any multiple thereof.'
At the principal office of the Bond Registrar, in the manner and subject to the conditions provided in
the Resolution, bonds may be exchanged for an equal aggregate principal amount of bonds of the same
maturity, of authorized denominations; and bearing interest at the same rate.
The Bond Registrar shall keep at its principal office the books' of said District for the registra-
tion of transfer of bonds. The transfer of this bond may be registered only upon such books and as
otherwise provided in the Resolution upon the surrender hereof to the Bond Registrar together with an
assignment duly executed by the registered owner hereof or his attorney or legal respresentative in
such form as shall be satisfactory to the Bond Registrar. Upon any such registration of transfer, the
Bond Registrar shall deliver in exchange for,this bond a new bond or bonds, registered in the name of
the transferee, of authorized denominations, in an aggregate principal amount equal to the unredeemed
principal amount of this bond, of the samematurity and bearing interest at the same rate.
The Bond Registrar shall not be required to exchange or register any transfer of (i) any bond
during `a period beginning at the opening of business fifteen (15) days before the day of the mailing
of a notice of redemption of bonds or any portion thereof and ending at the close of business on the
day of such mailing or (ii) any bond called for redemption in whole or in part pursuant to the Resolu-
tion.
It is hereby certified and recite that all acts, conditioins,and things - required by the Constitution
and laws -of North Carolina to happen, exist and be performed precedent to and in the issuance of this
bond have happened, exist' and have been performed in regular and due form and time as so required; tha
provision has been made for the levy and collection of a direct annual tax upon all taxable property
within said District sufficient to pay the principal of and the interest on this bond as the same shall
become due; and that the total indebtedness of said District, including this bond, does not exceed any
constitutional or statutory limitation thereon.
ASSIGNMENT
FOR VALUE RECEIVED the undersigned registered owner thereof hereby sellsfassigns and transfers unto
the within bond and all rights thereunder and hereby irrevocably constitutes and appoints .
attorney to register the transfer of said bond on the books kept for registration thereof,' with full
power of substitution in permises.
Dated:
Signature Guaranteed :'
NOTICE: The assignor's signature to this assignment must correspond with the name as
the face of the within bond in every particular, without alteration or enlargement or
whatever.
it appears -upon
any change
If the FmHA is the initial purchaser of the Bonds, there will be issued .a single-registered Bond
or the Issuer of the denomination of $1,843,000, numbered R-1, maturing in annual installments on the
1st day of June in the following years and the following amounts, respectively:
Year Of Principal Year of Principal
Maturity Amount Maturity Amount
1987 $15,000 2006 $60,000
1988 16,000 2007 60,000
1989 18,000 2008 60,000
1990 20,000 2009 60,000
1991 22,000 2010 60,000
1992 25,000 2011 60,000
1993 28,000 2012 60,000
1994 31,000 2013 60,000
1995 34,000 2014 60,000
1196 38,000 2015 60,000
1997 43,000 2016 60,000
1998 47,000 2017 60,000
1999 53,000 2018 60,000
2000 59,000 2019 60,000
2001 60,000 2020 60,000
2002 60,000 2021 60,000
2003 60,000 2022 60,000
2004 60,000 2023 60,000
2005 60,000 2024 14,000
and bearing interest on the unpaid part of such principal sum at the rate of 11.375% per annum until
payment thereof.
The Bond will not be defeased without the written consent of the FmHA during such time as
the FmHA shall remain the registered owner of the Bond.
The Bond and the endorsements thereon shall be in substantially the following form:
No. R -1 $1,843,000
REGISTERED BOND WITHOUT COUPONS
(Registered as to both principal and interest)
United States of America
State of North Carolina
County of Harnett
BUIES CREEK -COATS WATER AND SEWER DISTRICT
OF HARNETT COUNTY
Sanitary Sewer Bond
The Buies Creek -Coats Water and Sewer District of Harnett County, North Carolina, is justly
indebted and for value received hereby promises to pay to the
UNITED STATES OF AMERICA
FARMERS HOME ADMINISTRATION
or registered assigns or legal representatives the principal sum of
ONE MILLION EIGHT HUNDRED FORTY -THREE THOUSAND DOLLARS
in annual installments on the 1st day of June in the following years (or earlier as hereinafter
referred to) and amounts :
Year of Principal Year of Principal
Maturity Amount Maturity Amount
1987 $15,000 2006 $60,000
1988 16,000 2007 60,000
1989 18,000 2008 60,000
1990 20,000 2009 60,000
1991 22,000 2010 60,000
1992 25,000 2011 60,000
1993 28,000 2012 60,000
1994 31,000 2013 60,000
1995 34,000 2014 60,000
1996 38,000 2015 60,000
1997 43,000 2016 60,000
1998 47,000 2017 60,000
1999 53,000 2018 60,000
2000 59,000 2019 60,000
2001 60,000 2020 60,000
2002 60,000 2021 60,000
2003 60,000 2022 60,000
2004 60,000 2023 60,000
2005 60,000 2024 14,000
f 64
and to pay interest from the date hereof on the unpaid part of such principal sum at the rate of
eleven and thirty-seven and one -half hundredths per centum (11,5750) per annum until payment thereof,
such interest to the maturity hereof being payable on June, 1, 1985, and annually thereafter on June 1
in each year." The interest so payable on any such interest payment date will be paid to the person in
whose name this bond is registered at the close of business on the record date for such interest,
which shall be the 15th day (whether or not a business day) of the calendar month next preceding such
interest date.' Both the principal of the ;interest: on this bond are payable in any coin or cur-
rency of the United States of America which,' at the respective dates of payment thereof, is legal''
tender for the payment of public and private debts.
During the time that the United States of America, Farmers Home' Administration, is the registered
owner of this bond, payment of the installments of principal and interest when due and payable on
this bond shall be made at the office of such fiscal agent as the United States of America, Farmers
Home Administration, shall" designate without presentation or surrender hereof and,'during any such time
as an assignee hereof is the registered owner of this bond, payment of the installments of principal
when due and payable on this bond shall be made at First Citizens Bank 8- Trust Company, in the City
of Raleigh, North Carolina, and payment of the interest when due and payable on this bond shall be
made by check mailed to such, assignee at his address as it appears on the bond registration books
of said District hereinafter mentioned without presentation or surrender hereof. Upon receipt of
said payments of principal and interest, written acknowledgment of the receipt thereof shall be given
promptly to the Bond Registrar hereinafter mentioned and sai District shall be fully discharged of its'
obligation on this bond to the extent of the payment so made; Upon final payment this bond shall be
surrendered to the Bond Registrar for cancellation.
For the prompt payment hereof, both principal and interest as the same shall become due, the
full faith and credit of said Buies Creek -Coats Water and Sewer District of Harnett County are hereby
irrevocably pledged.
This bond is duly authorized and issued under and pursuant to The Local Government Bond Act,
as amended, Article 7, as amended, of Chapter 159 of the General Statutes of North Carolina, an order,
which was approved by the vote of a majority of the qualified voters of said District who voted thereon
at a referendum duly called and held,; and a resolution duly passed by. the Board of Commissioners for
the County of Harnett, acting as the, governing body of said District, for the purpose of providing
funds, with any other available funds, for constructing a sanitary sewer system for said District..
At the office of the Bond Registrar, in the manner and subject to the conditions provided in
said resolution this bond may be exchanged for an equal aggregate principal amount of bonds of the
same series having maturities corresponding to the maturities of the installments of principal of
this bond then unpaid, issuable in fully registered form in the denomination of $1,000 or any multiple
thereof and bearing interest at the same rate.
This bond is registered as to both principal and interest in the name of the United States of
America, Farmers Home Administration, on books of said District kept by the County Finance Officer
and Clerk to the Board of Commissioners as Bond Registrar, and the transfer hereof may hereafter be
registered by the registered owner hereof only upon an execution of an assignment hereon duly executed
by such registered owner or his attorney or legal representative. Notice of such assignment shall
be given promptly by the assignor to the Bond Registrar by registered mail, such notice to be in such
form as shall be satisfactory to the Bond registrar, and upon receipt of such notice this bond shall
be registered as to both principal and interest on such registration books in the name of the assignee
named in such notice.
This bond or any part hereof at the time outstanding may be redeemed, at the option of said Distrie
at any time prior to the maturity of any installment of the principal hereof, either in whole in in part
in the inverse order of.the maturity` dates of the installments of principal, from any moneys that may
be made available for such purpose, as the aggregate principal amount of- the installments of principal
to be redeemed, together with the interest accrued thereon to the date fixed for redemption; but without
any premium:
On the date designated for redemption, notice having been given and moneys for payment of the
redemption price being held in -trust for such purpose, all as provided, in said resolution, this bond
or part 'hereof shall become and.be due and payable, and the interest on thisbond or part hereof so
redeemed shall cease to accrue.
The Bond Registrar shall not be required to exchange or register any transfer of (i) any bond
during aperiod beginning at the opening of business fifteen (15) days before the day of the mailing
of a notice of redemption of bonds or any portion thereof and, ending at the close of business on the
day of such mailing or (ii) any bond called for redemption in whole or in part pursuant to said
resolution.
It is hereby certified and recited that all acts, conditions, and, things required by the Consitutio
and laws of North Carolina to happen, exist, and be performed precedent to an in the issuance of this
bond have have happened, exist, and have been performed in regular and due form and time as so required
that provision has been made for the levy and collection of a direct annual tax upon all taxable
property within said District sufficient to pay the principal of and the interest on this "bond as the
same shall become due; and that the total indebtedness of said District including this bond, does not
exceed any constitutional or statutory limitation thereon.
IN WITNESS WHEREOF, said Buies Creek -Coats Water. and Sewer District of Harnett County, by
resolution of the Board of Commissioners for the County of Harnett, acting as the governing body of said
District, has caused this bond to be executed by the Chairman of said Board and the County Finance
Officer and Clerk to said Board and the official seal of said District to be impressed hereon, all as
of the : day of July, 1984.
1
(Manual Signature)
1
465
Chairman of the Board of Commissioners
(Manual Signature)
County Finance Officer and Clerk to the
Board of Commissioners
CERTIFICATE OF LOCAL GOVERNMENT COMMISSION
The issuance of thw within bond has been approved under the provisions of The Local
Government Bond Act of North Carolina.
CERTIFICATE OF AUTHENTICATION
Date of authentication:
JOHN D. FOUST
Secretary, Local Government Commission
BY: (Manual Signature)
Designated Assistant
This bond is one of the bonds of the series designated herein and issued under the provisions
of the within - mentioned resolution.
unto
Vanessa W. Young
County Finance Officer and Clerk to the Board
of Commissioners, as Bond Registrar
BY
ASSIGNMENT
Authorized Signatory
FOR VALUE RECEIVED the undersigned registered owner thereof hereby sells, assigns and transfers
the within bond and all rights thereunder and hereby irrevocably constitutes and appoints
, attorney
to register the transfer of said bond on the books kept for registration thereof, with full power
of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: The assignor's signature to this assignment must correspond with the name as it appears
upon the face of the within bond in every particular, without alteration or enlargement or any
change whatever.
Principal Amount Principal
Date Due Payment
$ $ $
SCHEDULE "A"
(this is to be a separate sheet)
Principal Installments Paid in
Advance of Maturity Date
Balance
Name of Bond Registrar, Authorized
Date Paid Official and Title
If any Bond is awarded to a purchaser other than the FmHA, such Bond will be delivered in such
authorized denominations and registered in such names as the purchase thereof may request no later
than five days prior to the date of its delivery. If such purchaser fails to submit such information
by the required time, then a single Bond will be issued for each maturity date registered in the
name of such purchaser.
If any Bond is awarded to a purchaser other than the FmHA, there shall be printed on the reverse
of the Bond the legal opinion of Brown, Wood, Ivey, Mitchell, $ Petty, bond counsel to the Issuer,
with respect to the validity of such Bond, and there shall be printed immediately following such
ACTION
RESOLUTION ADOPTING
UPON FIRST READING
AN ORDINANCE TO
REQUIRE CONNECTION TO
COUNTY OPERATED SEWER
COLLECTION LINE
opinion a certificate bearing the facsimile signature of the, Chairman of the Board
Of Commissioners of the Issuer, said certificate to be in substantially the fol-
lowing form:
I HEREBY CERTIFY that the foregoing is a true
and correct copy of the legal opinion on-the -hond
therein described which was manually signed by Brown,
Wood, Ivey, Mitchell & Petty, New York, N. Y, and was
dated as of the date of delivery of an payment' for said
bonds
(Facsimile Signature)'
: Chairman, Board of Commissioners
Section 3. The action of the Attorney for the Issuer in applying
Local Government Commission to approve the Bond is hereby ratified and
and the - action of the Local Government Commission in asking for sealed
the Bonds by publishing a Notice of Sale and printing and distributing
relating to the sale of the Bonds is hereby approved.
to the
confirmed,
bids for
circulars`
Section 4. This resolution shall take effect upon its passage.
Thereupon Commissioner Bill Shaw moved the passage of the foregoing resolution
entitled: "RESOLUTION PROVIDING FOR THE ISSUANCE OF $1,843,000 SANITARY SEWER
BONDS". and Commissioner Rudy Collins seconded the motion and the resolution
was passed upon the following vote:
Ayes: Commissioners Collins Shaw, Brock, F, Ste wart
Noes: None
Absent: 'Chairman Jesse Alphin
E. Marshall - Woodall, Attorney for the Mlles Creek -Coats Water and Sewer
District, appeared before the Board and presented for the Board's consideration
a resolution adopting upon a first reading an Ordinance entitled: ORDINANCE TO
REQUIRE, CONNECTION TO COUNTY OPERATED SEWER COLLECTION LINE. Following a dis
cussion of this ordinance, Commissioner Collins made a motion that the following
resolution be adopted ;` Commissioner Brock seconded the motion and it carried upon
the following' vote :' Ayes Commissioners Brock, Collins, Shaw, and Stewart
Noes :' None Absent: Chairman Jesse- Alphin
THAT, WHEREAS, the Harnett County Board of Commissioners are
body of the Buies Creek -Coats Water and Sewer District of Harnett
after referred to as "District" and
WHEREAS, the Harnett County Board. of Commissioners heretofore created the
District and caused a referendum to be held in said District upon the question
of whether or not Two and a Half Million Dollars of general obligation bonds
would be issued for the purpose of installing and constructing a wastewater
collection system within the District and make certain extensive repairs to a
wastewater treatment, plant on Buies Creek presently owned by the County of
Harnett; and
the governing.
County, herein-
WHEREAS, the people in the District
bond issued for the construction of said
ment plant; and
overwhelmingly voted in favor of said
system and improvements to the treat-
WHEREAS, that the program of bonded indebtedness andcoiistruction as sub-
. mitted to the- Harnett County Board of Commissioners. by the consulting engineers
established-the -necessity of all citizens (residents) in the District be users
of the wastewater collection system and that it was extensively advertised at _.
the campaign meetings, concerning the bond issue that the wastewater. collection .
system would have to be operated upon a.mandatory connectionarrangement where
all residents of the District would have to be users of the system; and
WHEREAS, the District has entered into a contract with the County of Harnett
to the end that said wastewater collection system would be operated as a County
operated sewagecoliection system; and
WHEREAS, Cahpter 153A of the General Statutes of North Carolina and
specifically N.C,G.S. 153A-284 authorizes the County to require owners of
improved property located so as to be served by a sewer collection line operated
by the County, to connect his premises to said sewer line.
NOW, THEREFORE, BE IT' RESOLVED THAT,the following ordinance entitled,
"Ordinance to- Require Connection to the County operated Sewer Collection Line"
be and the same is hereby in all respects adopted, to wit: ORDINANCE TO REQUIRE
CONNECTION TO COUNTY OPERATED -SEWER COLLECTION LINE.
RESOLUTION WHEREBY
THE COMMISSIONERS
ACTING AS THE
GOVERNING BOARD OF
ilBUIES CREEK -COATS
WASTEWATER DISTRICT
ENTER INTO CONTRACT
FOR UTILITY DEPT.
TO OPERATE COLLECT-
ION SYSTEM
BE IT ORDAINED AS FOLLOWS:
4 6
1. CONNECTION REQUIRED: The owners of all improved property in the County of
Harnett which is so located as to be served by the County of Harnett owned or operated
sewage collection line be and they are hereby required to connect their improved
premises to said sewage collection line.
2. DEFINITIONS:
A. Sewage Collection Line Operated by the County: Any sewage collection
line operated by the County of Harnett Public Utility Department pursuant to a
contract entered into by the County of Harnett as operator and any governmental or
other entity who owns a sewage collection line as owner and specifically the Buies
Creek -Coats Water and Sewage District of Harnett County.
B. Property located so as to be served by sewage collection line: All
property which abuts a right of way in which is installed and constructed a
County operated sewer collection line and whose improved property is located not
more than 500 feet from said sewer collection line.
3. FAILURE TO CONNECT UNLAWFUL: It shall be unlawful for any owner of
improved property located so as to be served by said County owned or operated sewer
collection line who failes to so cause his property to be connected within 60 days
after being notified in writing by the Public Utility Department of the County of
Harnett to so connect his property.
4. CRIMINAL PENALTY, NOT EXCLUSIVE REMEDY: CONTINUING VIOLATIONS:
A. Criminal penalty; continuing violations: An owner of improved property
located so as to be served by said County owned or operated sewer collection line
who fails to so cause his property to be connected within 60 days after being
notified in writing by the Public Utility Department of the County of Harnett to so
connect, shall be guilty of a misdemeanor as provided in N.C.G.S. 14 -4 and that for
each day that said owner fails to connect his property to said system shall consti-
tute a separate and distinct offense; upon conviction, punishment shall be a fine
not exceeding $50.00 or by imprisonment not exceeding 30 days in jail for each offense.
B. Civil Remedies: Upon the failure of any owner of improved property
located so as to be served by a County owned or operated sewage collection line
within 60 days after being served with Notice by the County of Harnett Public
Utility Department to so connect shall be subject to civil remedies in the General
Court of Justice for the imposition of Civil fines, the ordering of appropriate
equitable relief, including injunction to compel such owner to connect his improved
property to said sewage collection line, or a combination of such remedies.
Duly adopted upon first reading this 23rd day of July, 1984.
BY: s /Jesse Alphin
Chairman, Harnett County Board of
ATTEST: Commissioners
s/ Vanessa W. Young
Clerk, Harnett County Board of
Commissioners
E. Marshall Woodall, Attorney for the Buies Creek -Coats Water and Sewer District
appeared before the Board and presented to the Commissioners for their consideration
a resolution authorizing and directing the Clerk and the Chairman of the Harnett
County Board of Commissioners to execute in the name of the Buies Creek -Coats
Water District of Harnett County a contract with the County of Harnett to the end
that the County Utility Department shall operate the wastewater collection system and'
treatment plant of the District. Following a discussion of this resolution and the
contract, Commissioner Collins made a motion that the Board of Commissioners acting
as the governing body of the Buies Creek -Coats Water and Sewer District of Harnett
County adopt the following resolution; Commissioner Shaw seconded the motion and it
passed with a unanimous vote:
THAT WHEREAS, the County of Harnett is the owner of a wastewater treatment plant
located on Buies Creek in Neills Creek Township, Harnett County, North Carolina, and
that Buies Creek -Coats Water and Sewer District of Harnett County (hereinafter called
"District ") was created for the purpose of constructing a wastewater collection
system for the District with the expectation of using said wastewater treatment plant;
and
WHEREAS, the District, after a vote of the citizens authorizing a 21 Million
Dollar bond issue, has constructed the wastewater collection system and has made
extensive improvements to the wastewater treatement plant owned by the County; and
468
WHEREAS, the County of Harnett has heretofore created a utility department
and currently has employees capable of managing and operating the wastewater
treatment plant and the wastewater collection system of the District within
the current operations of the County of Harnett Utility Department and that
further the Utility Department has been operating the wastewater treatment
plant since January 17, 1983; and
WHEREAS, the District has obligated itself through a general obligation
bond to be repaid over a period of 40 years in exchange for the funds to
construct said district collection system and to make the extensive repairs to
the treatment plant owned by the County of Harnett; and
WHEREAS, a few users from the District have at present been connected to
the collection system and the wastewater collected is being treated by the treat
ment plant and that nearly all of the construction anticipated has been nearly
completed and that it is now appropriate for the District to enter into a
contract with the County of Harnett to the end that the Utility Department of
the County of Harnett shall operate the wastewater collection system and
treatment plant and operate the same as a County operated system.
NOW, THEREFORE, acting as the governing body of the Buies Creek -Coats Water
and Sewer District of Harnett County, be it resolved as follows:
That the Chairman and Clerk to the Board of Harnett County Commissioners be
and they are hereby authorized and directed to execute in the name of Buies
Creek -Coats Water District of Hrnett County a contract with the County of Har-
nett to include those terms and conditions as set forth in the attached contract
document; to include the following:
1. Permit the wastewater treatment plant to be made available to and used
by the citizens of the District for a period of not less than 40 years, unless
other treatment facility is constructed for such use by the District in the
future.
2. Provide that the facility, the usage of the same and all and any avail -
able capacity or shortage of capacity shall be shared on a proportionally
equal basis with all other users of said wastewater treatement plant.
3. That the District's wastewater collection system be operated as a
County operated System by the County of Harnett's Public Utility Department.
4. That the rates of charges for the use and maintenance of said wastewater
treatment facility and collection system for the district will be set and
established by the Harnett County Board of Commissioner sitting in both capaci-
ties as the governing body of the District and the County.
5. That said operation will be on a continuing basis until the District
and the County shall mutually modify or terminate the contractual arrangement.
6. That the advisory council heretofore created by the Board of Commis-
sioners be continued for the purpose of gathering input and advice from local
citizens of the District.
7. That the County shall be entitled to cause any line in said system of
collection to be extended for the purpose of serving other customers; that the
same shall be operated as a County operated facility whether the same be owned
by the County or by the District and further that such extensions are not
required to be made by the District.
8. That the sewage treatment and collection service shall be operated
by the County Utility Department on an annaul budget basis with properly
accounting for costs of the said utility service along with other services
being offered and conducted by the County Utility Department.
9. Include such other provisions to properly carry out the intent and
purpose of this resolution as may be determined by the officials of the County
of Harnett.
Adopted this 23rd Day of July, 1984.
ATTEST:
s/ Vanessa W. Young
Clerk to the Harnett County Board
of Commissioners
BUIES CREEK -COATS WATER AND SEWER DISTRICT
BY: s /Jesse Alphin
Chairman, Harnett County Board of Com-
missioners
ATTACHMENT TO RESOLUTION
HARNETT COUNTY,
NORTH CAROLINA.
�bJ
CONTRACT
THIS CONTRACT, Made and entered into this the 23rd Day of July, 1984, by
and between THE COUNTY OF HARNETT, a body politic organized and existing pursuant
to the laws of North Carolina; hereinafter called "County "; and THE BUIES CREEK -
COATS WATER AND SEWER DISTRICT OF HARNETT COUNTY, a municipal corporation organiz
and existing pursuant to the provisions of North Carolina General Statute 162A -86
etc., hereinafter called "District ";
W I T N E S S E T H:
THAT WHEREAS, The County is the owner of a wastewater treatment plant located
on the banks of Buies Creek, some distance South of U. S. Highway No. 421 near
the Village of Buies Creek, Neills Creek Township, Harnett County, North Carolina,
and that said treatment plant is located within the territorial boundaries of the
District; and
WHEREAS, The District was created and organized for the purpose of collecting
wastewater within the District and subsequent thereto and by the vote of the
citizens within said District, the District overwhelmingly voted to construct
and install a wastewater collection system within the boundaries of said District
and make certain improvements of the wastewater treatment plant owned by the
County; and
WHEREAS, The wastewater treatement facility owned by the County was construct
ed with the use of Federal and State Grant Funds and is for the purpose of
treating wastewater from Campbell University and other citizens of the County
needing said service and specifically the persons located within the boundaries
of the District; and
WHEREAS, The District has entered into contracts with various contractors
for the construction of said collection system and improvements to the County's
treatment plant and that said work has been or is nearly completed; and
WHEREAS, The Farmers Home Administration has made certain grant funds
available to the District and has agreed to loan the District sufficient funds
to enable the District to finance the construction of said collection system
and improvements to the County's treatment plant; and
WHEREAS, the County has heretofore created a Utility Department that is
fully capable to conduct the operation of and is currently operating the treat-
ment plant and is fully capable to operate the collection system of the District;
and
WHEREAS, the County and the District have agreed to enter into this contract
for the use of said treatment plant by the District and the operation of the
wastewater collection system as a County operated sewer and wastewater collection
system on a continuing basis and especially for and during the period the exist-
ence of the Farmers Home Administration loan to the District.
NOW, THEREFORE, the parties do contract and agree each with the other as
follows:
1. That the wastewater treatment plant owned by the County and referred
to above shall be made available for use by the District's wastewater collection
system on a continuing basis and especially for a period beginning as of the
execution of this contract and extending until that certain loan referred to
above made by the Farmers Home Administration to the District has been paid in
full, being a period of at least forty (40) years; provided however that the
parties may provide for other treatment facility if the same is constructed
for such use in the future.
2. The aforesaid wastewater treatment plant will be made available for
use of the District and such other users determined by the County to need such
services. That the usage of the same, including all available capacity and
any shortages of capacity of said treatment facility will be shared by all of
said users on a proportionately equal basis.
3. That the District's wastewater collection system shall be operated by the
County's Public Utility Department as a County operated sewage and wastewater
collection system.
4. That the District's wastewater treatment facility mentioned aforesaid shall
be operated by the County's Public Utility Department as a County operated
sewage and wastewater treatment facility.
4?
5. That the Harnett County Board of Commissioners sitting in the capacity
as the County and the District shall establish and set the rates of charges for
the use of the wastewater treatment facility and the wastewater collection
system of -the District, with proper cost accounting procedures to appropriately
reflect the cost of these facilities operated by the County Public Utility
Department relative to the operation of other utility enterprises which are or
may be carried on by the - County - Public Utility Department. Further the Harnett ..
County :Board of Commissioners shall charge such rates for the users of said waste -:
water collection system as will appropriately yield sufficient funds to meet
operationand maintenance expenses and to pay and retire the long term debt of
the Farmers Home Administration to the District.
b. < This Contract shallbe.a continuing contract relative to the furnishing
of the essential sewer utility services for the people of the District and this
contract shall exist and continue until .the District and the County shall mutual-
ly modify or terminate this contractual arrangement.
7. That the Harnett County Board of Commissioners has heretofore created,`
an Advisory Council, three (3) nembers appointed by its body and three (3) mem -.'
bers appointed by the Board of Commissioners for the Town of Coats, to lend
assistance with input and advice as to the operation and maintenance of the afore -
said wastewater facilities; by the Harnett County Board of Commissioners as a
governing body of said District.
8. That the County shall be entitled to fund or cause to be funded the con-
struction of any sewer line to be connected. to the District's system as an exten-
sion within or without the boundaries of the Districtfor the purpose of serving
needy users with wastewater utility services as the same shall be determined
by the Harnett County .Board of Commissioners and that the rates chargeable to
such persons (users) shall be equitably set to properly, reflect cost of operations
and maintenance of collection and treatment and further that in the event it
shall-become-necessary for the District to levy a tax for the purpose of funding
bonded indebtedness of the District then in such event such rates of any person
(user)outside the boundaries of the District shall be charged - -a greater user
fee (rate) as will be equivalent to such needed property tax as may be levied,
provided, if a tax levy is made, then such user charge for out -of- district users
shall not be less than 150 % of the user charge of users of the District. It
is understood and agreed that 'the District shall have no obligation to extend
its sewer lines outside of the District's boundaries.
9. That the County will manage and operate the collection system and
treatment plant -on an annual budget with the setting of rates on an annual basis
as approved by the District's governing body with proper input and advice from
the Advisory Council, which budget shall provide and set forth the handling of
the funds such _that a reserve fund, depreciation fund, debt payment fund, and
surplus fund for the District shall be distinguishable, and further that the
County shall maintain a system of accounts for the County Utility Department
which will appropriately account for the various operations of the Utility
Department, specifically so that all costs relative to the operation of the
treatment plant and collection' system will be separately stated; the County
shall further maintain insurance and bonds as required by state law and that
the County shall properly contract with.a certified public accountant for annual
audits -of the Utility Department and, that further the County shall comply with
all federal, state and local laws and regulations relative to the operation
oa wastewater collection and treatment facilities.
IN WITNESS WHEREOF, the parties - hereto have caused this instrument to be
- executed as authorized by, the Harnett County Board of Commissioners sitting as
the governing body of, the County and the District, all the day and year first
written above.
THE COUNTY OF HARNETT
BY: s/ Jesse Alphin
Chairman, Harnett County Board of
ATTEST: Commissioners
s/ Vanessa W. Young
Clerk to the -Board BUIES CREEK -COATS WATER AND SEWER DISTRICT
OF HARNETT COUNTY
BY: s/ Jesse Alphin
Chairman, Harnett County Board of
ATTEST: Commissioners
s/ Vanessa W. Young
Clerk to the Board
BUIES CREEK - COATS
TREATMENT PLANT AND
COLLECTION SYSTEM,
CONTRACT RE: 'COUNTY
ASSUMING RESPONSIBILITY
OF OPERATION
BUIES CREEK -COATS WW
DISTRICT -- RESOLUTION
AUTHORIZING EXECUTION
OF DOCUMENTS FOR LOAN
1
4 It
E. Marshall Woodall, Attorney for the Buies Creek -Coats Water and Sewer District
appeared before the Board and presented for the Commissioners consideration a
resolution authorizing the County to enter into a contract with the Buies Creek -
Coats Water and Sewer District of Harnett County for the purpose of providing
that the County of Harnett Public Utility Department would operate and maintain
the District's collection system and the County's treatment plant. Following
a discussion of this resolution, Commissioner Collins made a motion that the
Board adopt the following resolution; Commissioner Shaw seconded the motion and
it carried with a unanimous vote:
THAT WHEREAS, The County of Harnett has agreed with the Buies Creek -Coats
Water and Sewer District of Harnett County (hereinafter called "District ")
that its wastewater collection system and the wastewater treatment plant owned
by the County shall be operated as a County operated system; and
WHEREAS, the Harnett County Board of Commissioners sitting as the governing
body of said District has made certain findings and directed that the District
shall enter into a contract with the County of Harnett as is set forth in an
attached contract document; and
WHEREAS, all of the recitations and provisions of said resolution are
hereby incorporated in this resolution as if set forth herein;
NOW, THEREFORE, BE IT RESOLVED THAT the officials of the County of Harnett
be and they are hereby authorized to execute a contract in the name of the County
with the Buies Creek -Coats Water and Sewer District of Harnett County for the
purpose of providing that the County of Harnett Public Utility Department would
operate and maintain the District's collection system and the County's treat-
ment plant and that said contract shall contain the terms and provisions set
forth in the contract documents attached to the resolution passed by the
Harnett County Board of Commissioners as governing body of the District.
Adopted this 23rd Day of July, 1984.
COUNTY OF HARNETT
BY: s /Jesse Alphin
Chairman, Harnett County Board of
Commissioners
ATTEST:
s/ Vanessa W. Young
Clerk to the Board
E. Marshall Woodall, Attorney for the Buies Creek -Coats Wastewater District,
appeared before the Board and presented to the Commissioners for consideration a
resolution authorizing the Board of Commissioners as governing body of the Dis-
trict to execute certain documents pertaining to a loan for the Buies Creek - Coats
District. Following a discussion, Commissioner Collins moved for the adoption
of the following resolution; Commissioner Brock seconded the motion and it
carried with a unanimous vote:
THAT, WHEREAS, The Buies Creek -Coats Water and Sewer District of Harnett
County has heretofore entered into an agreement with the Farmers Home Administra
tion for a bonded indebtedness loan of One Million Eight Hundred and Forty
Three Thousand Dollars ($1,843,000.00) and that further it is necessary that the
District execute certain documents incident to said loan; and
WHEREAS, it is necessary for the Harnett County Board of Commissioners as
the governing body of said District to authorize and direct its officials to
execute certain documents as required for said loan and to further do and
perform certain administrative acts and other matters necessary for said loan.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
First. That the officials of the Harnett County Board of Commissioners be
and they are hereby authorized to execute in the name of the District a certifi-
cate of rights of way, (FmHA form No. 442 -21) upon the issuance bythecounsel
to the District of his opinion as to rights of way (FmHA form No. 442 -22).
Second. That the officials of the Harnett County Board of Commissioners be
and they are hereby authorized to execute in the name of the District such
other documents that are necessary to complete the closing of the aforementioned
FmHA loan and further to do and perform all and sundry things that are necessary
to complete the closing of said loan.
Adopted this 23rd Day of July, 1984.
ATTEST:
s/ Vanessa W. Young
Clerk to the Board
BUIES CREEK -COATS WATER AND SEWER
DISTRICT
BY: s/ Jesse Alphin
Chairman to the Harnett County Board
of Commissioners
BUIES CREEK -COATS
WW DISTRICT, RESOLUTION
ADOPTING ORDINANCE
FOR REGULATION OF
DISTRICT,
BUIES CREEK -COATS
WW DISTRICT, RESOLUTION
RE: CONTRACT.WITH
FIRST CITIZENS BANK
FOR SELL OF BONDS
E. Marshall Woodall, Attorney for the Buies Creek- Coats Wastewater District,
appeared before the Board and presented to the Commissioners for consideration
a. resolution adopting an Ordinance regulating Sanitary Sewer "System Policies,
Rules, Regulations, and Rates, Buies-Creek-Coats Water and Sewer District of c
Harnett County.;- Following a discussion, Commissioner Collins made a motion
that the following resolution adopting the ordinance upon a first reading be
approved, Commissioner Brock seconded the motion and it passed unanimously:
WHEREAS, the Butes Creek-Coats Water and Sewer District of Harnett
County has entered into a contract with the County of Harnett wherein the County
of Harnett has agreed to operate the wastewater collectionsystem of the District
as a County operated system; and
WHEREAS, the District, has heretofore adopted an ordinance entitled
"Ordinance Regulating Sanitary Sewer System Policies, Rules, Regulations, and
Rates, Buies Creek-Coats Water and Sewer District of Harnett County ".
NOW, THEREFORE, BE IT RESOLVED that the ordinance entitled: "Ordinance
Regulating Sanitary', Sewer System Policies, Rules, Regulations, and Rates,
Buies Creek -Coats Water and Sewer District of Harnettt County' be and the same
is hereby adopted and ordained as an ordinance of the County of Harnett as
the same appears in he minutes of meeting of the Board of Commissioners held
on the 16th Day of May, 1983.
Duly adopted upon first reading this 23rd day of July, -1984.
COUNTY OF HARNETT
BY s /Jesse ALphin
Chairman, Harnett County Board of
Commissioners
ATTEST:
s /Vanessa W. Young
Clerk to the Board
E. Marshall Woodall, Attorney for the Buies Creek-Coats Wastewater District,
appeared before the Board and presented to the Commissioners for their considera-
tion acting as the governing-..body for the District a resolution authorizing a
contract to be entered into with First Citizens Bank and Trust Company to serve
as transfer agent and bond registrar inreference to the sell of the bonds for
the District. Following a discussion, Commissioner Shaw made a motion that the
following resolution be adopted; Commissioner Collins seconded the motion
and it passed with a unanimous vote.
THAT, WHEREAS, the Bu.ies Creek -Coats Water and Sewer District of Harnett
County (hereinafter sometimes called "District "), is about to issue or authorize
the issuance of One Million Eight Hundred and Forty Three Thousand Dollars
($1, 843, 000.00) of general obligation. bonds; that pursuant to the laws of
North Carolina and the Federal Government, said bonds to be issued must be
fully registered bonds and that therefore it, is necessary for the governing body
of the District to select a qualified persons (institution) to serve as the in-
terest disbursing agent and bond registrar and transfer agent for the purpose
of andling said issued bonds; and
WHEREAS, it has been made to appear to the Board of Commissioners that
First Citizens Bank and Trust Company is a qualified agent to handle said matters
and tkiat further it has been made to appear to the Board of: Commissioners that the
charges of said institution for said services are reasonable.''
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners,
acting as the governing body of Buies Creek - Coats Water and. Sewer District of
Harnett County, as follows:
First. That the Pirst-Citizens Bank and Trust Company beand - :itishereby.
appointed and chose as the interest disbursing agent and bond registrar and
transfer agent for the general obligation bonds to be issued by the District,
provided that the bonds shall be issued to a holder other than Farmers Home
Administration.'
Second: That the officials of the County be and they are hereby authorized
to execute the District's name to such a contract appointing First- Citizens
Bank and Trust Company to such position and that upon a sale of said bonds to
some party other than the Farmers Home Administration, that the officials -are
further instructed to deliver said contract to the appropriate officials of
First- Citizens Bank and Trust Company.
SUBDIVISION PLAT
ECHO HILLS
BUDGET AMENDMENT
SOCIAL SERVICES
REPORTS
SUBDIVISION PLAT
EVERETT N. BAKER
ADJOURNMENT
1 13
Third. That an offered contract by the First - Citizens Bank and Trust
Company as attached to this resolution be and it is hereby approved as the
contract to be signed by the officials of the Board of Commissioners
Adopted this 23rd Day of July, 1984
ATTEST:
s/ Vanessa W. Young
Clerk to the Board
BUIES CREEK -COATS WATER AND SEWER DISTRICT
BY: s /Jesse Alphin
Chairman, Harnett County Board of
Commissioners
Contract Attachment is on File in the Clerk's Office with the Above Resolution.
Commissioner Shaw made a motion that the subdivision plat as presented by
Ervin Dobson for Echo Hills located on SR 1222 and SR 1221 in Barbecue
Township be approved; Commissioner Collins seconded the motion and it carried
with a unanimous vote.
Commissioner Collins made a motion that the Social Services Budget, Code
10- 7700 -069, Specialized Foster Care, be increased by $22,830, to reflect
the receipt of a CBA grant in this amount of this Program; Commissioner
Shaw seconded the motion and it passed with a unanimous vote.
Several reports including ambulance service, health department, and expenditure
reports were filed with the Board.
Commissioner Shaw made a motion that Everett N. Baker Subdivision Plat
as presented by Irvin Dobson be approved contingent upon Mr. Dobson obtaining
the signature from the DOT officials; Commissioner Collins seconded the
motion and it passed with a unanimous vote. This subdivision is locted
on Rt. 1, Broadway, corner of Highway 421 and SR 1228.
There being no further business, the Harnett County Board of Commissioners
meeting of July 23, 1984, duly adjourned at 9:02 p.m.
.Ghnrman
tf «aLn C_ F'� P
Secretary KJ