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06201988 (2)HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, JUNE 20, 1988 CALL TO ORDER INVOCATION MINUTES BUDGET ORDIN. F.Y. 88 -89 RESOLU. RE: DEPT. BUDGETS The Harnett County Board of Commissioners met in regular session on Monday, June 20, 1988, at the County Office Building, Lillington, North Carolina, with the following members present: Bill Shaw, Rudy Collins, Mack Reid Hudson, Mayo Smith, and Chairman Lloyd G. Stewart presiding. Others present were: Dallas H. Pope, County Manager; Glenn Johnson, County Attorney, Vanessa W. Young, Clerk to the Board, and Kay S. Blanchard, Recording Secretary. Chairman Stewart called the meeting to order at 8:30 p.m. Commissioner Hudson offered the invocation. The minutes from the regular meeting, June 6, 1988, were approved. Dallas H. Pope, Budget Officer, presented for consideration the Harnett County Budget Ordinance for F.Y. 1988 -89. Commissioner Smith made a motion to adopt the Budget Ordinance as presented. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The Budget Ordinance is copied in full at the end of these minutes dated June 20, 1988, as document No. 1. Dallas H. Pope, County Manager, presented a resolution authorizing Finance Officer to adjust departmental budgets for F.Y. 1987 -88. Commissioner Collins made a motion to adopt the resolution. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated June 20, 1988, as document No. 2. FEASIBILITY STDY. Mr. Joe Hardee, Engineer with Black & Veatch, Inc., presented a feasibility SOUTHEAST WF,S study for proposed Southeast Water & Sewer District of Harnett County. Mr. Jesse Alphin, Chairman of Steering Committee for proposed Southeast Water & Sewer District, requested that the Board call a public hearing concerning establishment of the Southeast Water & Sewer District and that the public hearing be held in Dunn. Commissioner Smith made a motion that a public hearing concerning proposed Southeast Water & Sewer District be held in Dunn City Hall on Tuesday, August 2, 1988, at 7 p.m. Commissioner Hudson seconded the motion and it passed with a unanimous vote. AGREE. WITH John M. Phelps, II, Public Utilities Attorney, presented an agreement con - TIRZAH VILLAGE cerning the county and Metro accepting water distribution system at Tirzah RE: WATER SYS. Village Subdivision. Commissioner Shaw made a motion to approve the agree- ment. Commissioner Smith seconded the motion and it passed with a unanimous vote. The agreement is copied in full at the end of these minutes dated June 20, 1988, as document No. 3. RESOLU. AMEND. John M. Phelps, II, Public Utilities Attorney, presented a resolution amending LEASE WITH lease with Northeast Metropolitan Water District. Commissioner Hudson made a METRO motion to adopt the resolution. Commissioner Collins seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated June 20, 1988, as document No. 4. RESOLU. RE: BONDS OF N.E. METRO. DIST. John M. Phelps, II, Public Utilities Attorney, presented a resolution to approve refunding bonds of Northeast Metropolitan Water District. Commis- sioner Hudson made a motion to adopt the resolution. Commissioner Collins seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated June 20, 1988, as document No. 5. RESOLU. RE: John M. Phelps, II, Public Utilities Attorney, presented a resolution SENATE BILL 2 designating use of Senate Bill 2 monies. Commissioner Shaw Made a motion to MONIES adopt the resolution. Commissioner Collins seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated June 20, 1988, as document No. 6. PETITION FROM N.E. AREA RE: WATER SERVICE LYDA SANDERFER APPOINTED TO DOM. ADV. COMM. APPLI. RE. MODERN MACHINE MANU. CO. WATER RATE INCREASE John M. Phelps, II, Public Utilities Attorney, briefed the Board that a petition with 1,000 signatures from citizens in the Northeast area of the county had been presented requesting a feasibility study for water service. Mr. Billy G. Pope, Chairman of Steering Committee for the proposed project requested a feasibility study for water service in the Northeast area. Commissioner Hudson made a motion to authorize a feasibility study for water service in the Northeast area. Commissioner Collins seconded the motion and it passed with a unanimous vote. Commissioner Shaw made a motion to appoint Ms. Lyda Sanderfer, P. 0. Box 12, Bunnlevel, to serve on the Domiciliary Community Advisory Committee. Commis- sioner Collins seconded the motion and it passed with a unanimous vote. Commissioner Hudson made a motion to approve an application for grant to North Carolina Industrial Building Renovation Fund in support of Modern Machine Manufacturing Company. Commissioner Smith seconded the motion and it passed with a unanimous vote. Commissioner Hudson made a motion that Section 28 of the Ordinance Regulating 636 the Use of Water And Sewer Facilities Operated by the County of Harnett Fixing Rents, Rates, Fees and Other Charges and Providing for Collection of Same, be amended as follows with an effective date of July 1, 1988: Item 1. Item 2. Section 28. Classifications, Rates, Fees and Charges (b) Rate Schedules. 1. Residential: The first 2,000 gallons (minimum) will be $8.00 per month flat rate residential Section 28. Classifications, Rates, Fees and Charges (b) Rate Schedules. 2. Commercial: $10.00 per month minimum service charge plus $1.30 per 1,000 gallons for all water used Commissioner Smith seconded the motion and it passed with a unanimous vote. BUDGET AMENDMENTS Rodney Tart, Director, Public Utilities, requested the following budget amendment for Public Utilities Department, Water Fund: Code 30- 8100 -004 Code 30- 8100 -011 Code 30 -8100 -031 Code 30- 8100 -045 Code 30- 8100 -074 Code 30- 8100 -120 Professional Services $4,000. Increase Telephone & Postage 800. Increase Automotive Supplies $ 200. Increase Contracted Services 1,200. Increase Capital Outlay- Equipment 2,300. Increase Capital Reserve 2,300. Decrease The budget amendment is needed to purchase lawn mower. Reimbursement will be obtained from the Local Government Commission when the FHA bonds are sold. Commissioner Smith made a motion to approve 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 the Jail to fund part -time salaries: Code 10- 5120 -005 F.I.C.A. Tax Expense $1,800. Increase Code 10 -5120 -011 Telephone & Postage 1,300. Increase Code 10 -5120 -047 Food & Provisions 3,100. Decrease Code 10 -5120 -002 Salaries & Wages 5,000. Decrease Code 10 -5120 -003 Salaries & Wages,Part -time 5,000. Increase Commissioner Collins made a motion to approve the budget amendment. Commis- sioner Shaw seconded the motion and it passed with a unanimous vote. Henry Thompson, Director, Health Department, requested a budget amendment for Code 10- 7600 -025, Books & Publications, increase of $1,000; Program funds received through the Division of Health Services for Adolescent Pregnancy Prevention and the Prevention of Prematurity. Commissioner Shaw made a motion to approve the budget amendment. Commissioner Hudson seconded the motion. Motion passed with vote of: Ayes - 4, Noes - 1. Dallas H. Pope, County Manager, requested a budget amendment for Governing Body; Code 10- 4100 -014, Travel & Meetings, $3,300. increase; and, Code 10- 4100 -004, Professional Services, $3,300. decrease Commissioner Hudson made a motion to approve the budget amendment. Commissioner Collins seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Board of Elections: Code 10- 4300 -014 Travel & Meetings $950. Increase Code 10- 4300 -021 Building & Equip. Rent 500. Increase Code 10- 4300 -033 Materials & Supplies 600. Increase Code 10- 4300 -068 Board Members 200. Increase Code 10- 4300 -016 Maint. & Repair - Equip. 2,250. Decrease Commissioner Collins made a motion to approve the budget amendment. Commis- sioner Hudson seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested a budget amendment for the Finance Department; Code 10- 4400 -006, Group Insurance Expense, $1,400. increase. Commissioner Shaw made a motion to approve the budget amendment. Commissioner Collins seconded the motion and it passed with a unanimous vote. !BUDGET AMENDMENTS Dallas H. Pope, County Manager, requested the following budget amendment for the Landfill Department: UBDIVISION PLAT: AROLINA ESTATES Code 10- 6600 -016 Maintenance & Repair - Equip. $10,000 Code 10- 6600 -031 Automotive Supplies 3,500 Code 10- 6600 -045 Contracted Services 3,500 Code 10- 6600 -054 Insurance & Bonds 10,000 Increase Increase Decrease Decrease Commissioner Shaw made a motion to approve the budget amendment. Commissioner Collins seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested a budget amendment for Public Assistance in Social Services Department for Code 10- 7710 -140, A.F.D.C., increase of $34,000; and Code 10- 7710 -142, Medicaid, increase of $28,000. Commissioner Smith made . a motion to approve the budget amendment. Commis- sioner Shaw seconded the motion and it passed with a unanimous vote. Monthly reports for May, 1988, from Social Services Department and the Library were filed with the Board. Carla Stephens, Developer /Planner, presented a subdivision plat for Carolina Estates, Section II, 14 lots, Owner /Developer Tom Secrest, Black River Township, S.R. 1510. Commissioner Smith made a motion to approve the subdi- vision plat. Commissioner Hudson seconded the motion and it passed with a unanimous vote. XECUTIVE SESSION Commissioner Collins made a motion for the Board to go into executive session for the purpose of discussing property acquisition and personnel matter. Commissioner Shaw seconded the motion and it passed with a unanimous vote. DJOURNMENT DOCUMENT NO. 1. Commissioner Hudson made a motion for the Board to come out of executive session. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The Board concurred with schedule of Public Hearing concerning Roadnaming Project on July 12, 1988, and Public Hearing concerning proposed Zoning Ordinance on June 28, 1988. There being no further business, the Harnett County Board of Commissioners meeting of June 20, 1988, duly adjourned at 10:45 p.m. / 4 ,Aw.WI • Ll. s /G. Stewart, Chairman I< Al xUL4i r b1 eo d Kay S. Blanchard, Recording Secretary Vanessa W. Young, Cler / to th -, oard BUDGET ORDINANCE BE IT ORDAINED by the Board of Commissioners of Harnett County, North Carolina: Section 1. The following amounts are hereby appropriated in the General Fund for the operation of the county government and its activities for the fiscal year beginning July 1, 1988, and ending June 30, 1989, in accordance with the chart of accounts heretofore established for the county: Governing Body Administration Board of Elections Finance Department Data Processing Tax Department Register of Deeds Facilities Fees Public Buildings Sheriff's Department Communications Jail 94,387. 139,241. 93,176. 111,198. 141,653. 606,203. 315,673. 60,000. 492,602. 1,516,380. 240,983. 594,590. 63d Emergency Management 52,706. Emergency Response Planning 28,276. Fire Department 70,696. Ambulance Service 455,689. Transportation & Procurement 123,639. Inspections 136,189. Airport 371,710. Sanitation Landfill 601,677. Division of Soil & Water 63,132. CCTC Campus 5,985. Planning /Development 160,031. Agriculture Extension & Home Agents 144,952. Dept. of Human Resources 422,600. H U D 66,148. Health Department 869,156. Home Health 592,916. Social Services 2,289,736. Public Assistance 1,768,505. Youth Services 81,411. Veterans Service Office 28,806. Mental Health 124,694. Library 267,815. Parks & Recreation 134,940. Non - Departmental 26,375. Special Appropriations 6,503,283. Contingency Fund 30,000. TOTAL $ 19,829,153. Section 2. it is estimated that the following revenues will be available in the General Fund for the fiscal year beginning July 1, 1988, and ending June 30, 1989: Current Year's Property Tax Prior Years Taxes Animal Taxes Tax Penalties & Interest Privilege Licenses Fire & Rescue Districts Intergovernmental Revenue 7,768,386. 400,000. 8,500. 125,000. 2,500. 779,163. 3,934,267. Other Revenues 4,750,008. Fund Balance 2,104,329. Less Refunds & Releases (43,000.) TOTAL $ 19,829,153. Section 3. The appropriations to the Board of Education shall be made from any funds which are dedicated to the use of the schools from general county revenues to the extent necessary. All projects using county money shall be approved by the Harnett County Board of Commissioners. Section 4. The appropriations for the Sanitation Landfill Department shall be made from Sales Tax Revenues. Section 5. The Budget Officer is hereby authorized to use $10,000 of the contingency fund to give salary adjustments during this fiscal year where he feels they are necessary. Section 6. The following amounts are hereby appropriated in the Revaluation Fund for the purposes consistent with the revaluing of property in Harnett County beginning July 1, 1988, and ending June 30, 1989: Revaluation Fund $ 12,947. Section 7. It is estimated that the following revenues will be available in the Revaluation Fund for the fiscal year beginning July 1, 1988, and ending June 30, 1989: Interest on Investments 645. Fund Balance 12,302. TOTAL $ 12,947. Section 8. The following amounts are hereby appropriated in the Harnett County Public Utilities Department for the operation of the Public Utilities and its activities for the fiscal year beginning July 1, 1988, and ending June 30, 1989: 1 J Water Department 776,155. Sewer Department 414,919. South Central Water & Sewer Department 472,395. West Central Water & Sewer Department 40,766. TOTAL $ 1,704,235. Section 9. It is estimated that the following revenues will be available in the Harnett County Public Utilities Department for the fiscal year beginning July 1, 1988, and ending June 30, 1989: Interest on Investments 31,500. Sales Tax Reimbursement 26,600. Water Fees 1,020,627. Sewer Fees 377,000. Other Revenues 191,897. Fund Balance 56,611. TOTAL $ 1,704,235. Section 10. The following amounts are hereby appropriated for the Harnett County Housing and Urban Development Program for the fiscal year beginning July 1, 1988, and ending June 30, 1989: Moderate Rehabilitation 244,144. Section 8 Existing 544,582. TOTAL $ 788,726. Section 11. It is estimated that the following revenues will be available in the Housing and Urban Development Program for the fiscal year beginning July 1, 1988, and ending June 30, 1989: U.S. Department of Housing & Urban Development $ 788,726. Section 12. It is estimated that the following amounts are hereby appropriated in the Insurance Fund for the payments of hospitalization insurance for the county employees for the fiscal year beginning July 1, 1988, and ending June 30, 1989: Expenditures $ 520,000. Section 13. It is estimated that the following revenues will be available in the Insurance Fund for the fiscal year beginning July 1, 1988, and ending June 30, 1989: Interest on Investments 4,000. Miscellaneous Payments 500,000. Retirees Payments 16,000. TOTAL $ 520,000. Section 14. It is estimated that the following amounts are hereby appropriated in the D.S.S. Trust Fund for social security payments for Harnett County citizens in rest homes that Social Services is trustee for the fiscal year beginning July 1, 1988, and ending June 30, 1989: Expenditures $ 20,400. Section 15. It is estimated that the following revenues will be available in the D.S.S. Trust Fund for the fiscal year beginning July 1, 1988, and ending June 30, 1989: Revenues $ 20,400. Section 16. It is estimated that the following amounts are hereby appropriated in the S.S. Trust Fund for Harnett County citizens who live at home and Social Services pays all of their expenses for the fiscal year beginning July 1, 1988, and ending June 30, 1989: Expenditures $ 290,000. Section 17. It is estimated that the following revenues will be available in the S.S. Trust Fund for the fiscal year beginning July 1, 1988, and ending June 30, 1989: Revenues $ 290,000. Section 18. It is estimated that the following amounts are hereby appropriated in the Capital Reserve Fund for future construction for the fiscal year beginning July 1, 1988, and ending June 30, 1989: Board of Education $ 500,000. Section 19. It is estimated that the following revenues will be available in the Capital Reserve Fund for the fiscal year beginning July 1, 1988, and ending June 30, 1989: Revenues $ 500,000. 640 Section 20. The following is the salary schedule for the Harnett County Board of Commissioners for the fiscal year beginning July 1, 1988, and ending June 30, 1989, as in accordance with G.S. 153A -28 and G.S. 153A -92: Chairman Commissioner Section 21. There is hereby levied a tax at ($100) valuation of property listed for taxes as of revenue listed as "Current Years Property Taxes" in 375. per month 210. travel per month 350. per month 210. travel per month the rate of Sixty Three (.630) per one hundred dollars January 1, 1988, for the purpose of raising the the General Fund in Section 2 of this ordinance. This rate of tax is based on an estimated total valuation of property for the purpose of taxation of $1,305,396,115 and an estimated collection rate of 94.46 percent. The estimated rate of collection is based on the prior years collections of approximately 94.46 percent. Section 22. The Budget Officer is hereby authorized to transfer appropriations within a fund as contained herein under the following conditions: a. He may transfer amounts up to $1,000 between objects of expenditures within a department with an official report on such transfers at the next regular meeting of the Board of Commdssioners as in accordance with G.S. 159 -15. b. He may not transfer between departments of the same fund. c. He may not transfer any amount between funds nor from any contingency appropriation within any fund. Section 23. There is hereby levied a tax at the rate of two cents (20) per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 1988, located within the Special Averas- boro School District for the raising of revenue for said Special School District. This rate of tax is based on an estimated total valuation of property for the purposes of taxation of $304,616,572 and an estimated collection of approximately 94.46 percent. There is appropriated to the Special Averasboro School District the sum of $61,000 for use by the Special School District in such manner and for such expenditures as is permitted by law from the proceeds of this tax and any other revenue otherwise accruing to said Special School District. Section 24. There is hereby levied the following tax rated per hundred dollars ($100) valuation of property listed for taxes as of January 1, 1988, located within the Special Fire Districts, for the raising of revenue for said Special Fire Districts, as follows: Anderson Creek Fire District Angier Black River Emergency Ambulance Rescue, Inc. Averasboro Fire District Benhaven Fire District Benhaven Rescue District Black River Fire District Boone Trail Emergency Services, Inc. Buies Creek Fire District Cypress Creek Fire District Erwin Fire District Flat Branch Fire District Flatwoods Fire District Grove Fire District Northern Harnett Rescue District Summerville Fire District Spout Springs Fire District Thirteen. cents Eleven cents Five cents Fifteen cents Five cents Eight cents Fifteen cents Ten cents Fourteen cents Five cents Eleven cents Fifteen cents Eight cents Four cents Twelve cents Twelve cents 130 110 50 150 50 80 150 100 140 50 110 150 80 40 120 120 (34i 1 1 DOCUMENT NO. 2. HARNETT COUNTY NORTH CAROLINA RESOLUTION WHEREAS, it appears that several budgets of the General Fund of Harnett County will be overexpended during the Fiscal Year 1987 -88; and WHEREAS, it will be necessary to overspend these budgets in the due process of operation of the several budgets. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT THAT the county finance officer is hereby authorized to pay any and all necessary expenses of the several departments in the operation of their offices. Duly adopted this the Twentieth Day of June, Nineteen Hundred and Eighty- Eight. ATTEST: Vanessa W. Young, Cler]{)to tl6 Board DOCUMENT NO. 3. LAW OFFICES OF BRYAN. JONES, JOHNSON • SNOW AT(OSNET• AT LAW AND LIWNOTON. N. O. NORTH CAROLINA HARNETT COUNTY HARNETT COUNTY BOARD OF COMMISSIONERS LIE d y Stewart, Chairman AGREEMENT THIS AGREEMENT, made and entered into this eG d y of May, 1988 by and between William McKay Johnston and Franklin D. Hamilton, Joint Venturers, (hereinafter referred to as "DEVELOPER "), party of the first part and the NORTHEAST METROPOLITAN WATER DISTRICT OF HARNETT COUNTY, a metropolitan water district organised and existing under the laws of the State of North Carolina ( hereinater referred to as "NORTHEAST METRO ") and the COUNTY OF HARNETT, a body politic organized and existing under the laws of the State of North Carolina (hereinafter referred to as "COUNTY "), parties of the second part. W 1 T N E S S E T H: WHEREAS, Developer is the owner of certain tracts or parcels of real estate located on the south side of U. S. Highway 421 one mile west of Llllington in Harnett County, North Carolina containing approximately 49.37 acres; and WHEREAS, Developer is developing and subdividing said real estate into a residential community known as Tirzah Village; and WHEREAS, developer desires to construct water distribution pipelines and related appurtenances in said residential community and desires to thereafter convey said pipelines, along with certain easements and rights of way thereto pertaining, to Northeast Metro and County for the purposes herein expressed; and WHEREAS, County is presently operating a public utility department and 1s conducting the business of Northeast Metro and Is delivering water services through Northeast Metro waterlines; and 642 LAW OFFICES OF BRYAN, JONES. JOanabE A snow ATTORNEYS AT LAW DONN, N. O. LILLINOTON. N. O. LAW OFFICES OF BRYAN. JONES. JOHNSbN a Snow ATTORNEYS AT LAV DONN. N. O. AND LILL[NOTON. N. O. WHEREAS, upon conveyance of said pipelines, County and Northeast Metro desire to maintain said water distribution pipelines and related appurtenances and provide water services to said residential community to perform one of their governmental functions; and WHEREAS, the parties hereto desire to set forth the various terms of their agreement; NOW, THEREFORE, in consideration of the mutual representations, warranties, convenants and agreements contained herein, and for good and valuable consideration, the receipts and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Construction of Pipelines and Related Appurtenances Developer agrees to install and construct the necessary water distribution pipelines and related appurtenances (hereinafter collectively referred to as water distribution system), to distribute and deliver potable water to individuals living within the residential community described above, upon the following terms and conditions: (1) The entire water distribution system shall be constructed in accordance with the specifications of Northeast Metro and /or County as provided through the County Department of Public Utilities; (2) The said water distribution system shall be approved by the necessary federal and /or state agencies prior to or at the time of completion; (3) Prior to the commencement of the construction and installation of said water distribution system, Developer shall provide the County. Department of Public Utilities shop drawing of all materials to be usecj for construction. II. Planning /Zoning Requirements Developer agrees that the plans for said residential community and water distribution system shall conform to all federal, state, and /or local ordinances related thereto and agrees to obtain the necessary licenses and /or permits required for the construction thereof. 111. Water Distribution System Conveyed Upon completion of the construction of the said water distribution system, and approval and acceptance thereof by Northeast Metro and/or County through the County .Department. of Public Utilities, Developer agrees to convey by Deed to Northeast Metro and County all water distribution pipelines and related appurtenances, constituting the water distribution system, along with all necessary easements and rights of way (as required by Northeast Metro and /or County through the County Department of Public Utilities) for the complete maintenance and operation thereof. IV. Completed System Drawings Developer agrees to provide Northeast Metro, County and /or the County Department of Public Utilities three (3) entire sets of the drawings of the completed water distribution system as constructed at the time said system is conveyed as provided in Paragraph III above. V. Warranty A. Developer hereby warrants that the water distribution system to be constructed by Developer, and thereafter conveyed to the parties of the second part as described above, shall be constructed with good material and in a workmanlike manner and shall be properly ti4dd LAW OFFICES OF BRYAN. JONES. JOHN.bN a snow ATTORNEYS AT LAW DONN. N. 0. AND WLWNOTON. N. O. LAW OFFICES Or BRYAN. JONES. JOHNSON • SNOW ATTORNEYS AT LAW DONN. N. O. AND WLLINOTON. N. 0. Installed, based upon sound engineering principles and good workmanship, and shall be capable of transporting water and related substances In the manner for which it was designed. B. If the said water distribution system shall, within twelve months from the date of acceptance thereof by the parties of the second part, cease to operate as warranted, then the parties of the second part shall cause the system to be corrected and the cost thereof, Including material and labor, shall be paid by Developer. C. Developer shall and does, insofar as it legally may, hereby assume, and agrees to indemnify and hold harmless Northeast Metro and County, their successors and assigns, from and against all loss, costs, expenses, including attorneys' fees, claims, suits and judgments whatsoever in connection with sickness, injury to or death of any person or persons, or loss of or damage to property caused by or in any way connected with the installation, use or presence of said water distribution system in said residential community, howsoever caused, during said one year warranty period. VI. Operation and Maintenance The parties of the second part, upon conveyance to them of said system, easements and rights of way, as owners of the water distribution system, agree to operate and maintain said distribution system as part of the Northeast Metro water lines as operated by the County Department of Public Utilities. VII. Water to be Supplied The parties of the second part agree to provide potable water to those lot owners within said residential community that enter into water use agreements with Northeast Metro and /or County through the Harnett County Department of Public Utilities, upon the terms and conditions of the applicable Rules and Regulations thereof. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year indicated. DEVELOPER WILLIAM M S��i��4 a COK4Y WILLIAM MCKAY JO NS t-e � IN D. H ILTON NORTHEAST METROPOLITAN WATER DISTRICT OF HARNETT COUNTY BY: ATTEST: , Clerk AT ST: 1/41/ Chairman of the Board of Northeast Metropolitan Water District of Harnett County COUNTY OF HARNETT BY: Clerk Ch: rman Harnett County Board of Commissioners 644 DOCUMENT NO. 4. RESOLUTION AUTHORIZING AMENDMENT TO LEASE WITH THE NORTHEAST METROPOLITAN WATER DISTRICT OF HARNETT COUNTY WHEREAS, on the 30th day of May, 1980, the Northeast Metropolitan Water District of Harnett County, North Carolina (hereinafter "Northeast Metro "), as Lessor, entered into a lease agreement with the County of Harnett (hereinafter "County "), as Lessee, wherein the water production and distribution facilities of Northeast Metro were leased to the County; and WHEREAS, certain provisions of said. =lease bear upon or contain as an essential and integral element thereof reference to or information relating to the terms of that certain Bond No. R -1 from Northeast Metropolitan Water District of Harnett County, North Carolina to United States of America Farmers Home. Administration issued June 5, 1978; and WHEREAS, Northeast Metro has issued an additional bond since the date of said lease, the same being denominated R -1 and being issued May 27, 1986 from Northeast Metro to the United States of America Farmers Home Administration; and WHEREAS, pursuant to the Farmers Home Administration Discount Purchase Program, the District Board of Northeast Metro has deemed it advisable to refund the above described Outstanding Bonds for the purpose of consolidating the indebtedness thereby evidenced and to . substantially reduce the amount of the same; and WHEREAS, the said District Board. of Northeast Metro has heretofore adopted a bond order authorizing the refund of said outstanding bond; and WHEREAS, the County, as Lessee, has heretofore approved of Northeast Metro's participation in the Farmers Home Administration Discount Purchase Program, and the refunding of said outstanding indebtedness; and WHEREAS, it is anticipated that on or before July 11, 1988, the above mentioned outstanding bonds will be fully paid and satisfied and that a new single Water Refunding Bond will be issued; and WHEREAS, it is the desire of the Board of Commissioners of the County to amend the lease heretofore described without altering the substance of the same by deleting therefrom references to said outstanding bond issued in 1978, and to substitute therefor references to the Water Refunding Bond to be issued as stated. NOW, THEREFORE, BE IT RESOLVED BY the Board of Commissioners of the County of Harnett, as follows: 1. Harnett County is hereby authorized to and shall enter into the "Amendment to Lease" attached hereto as Exhibit "A ", as written, except as stated in paragraph 2 below. 2. Prior to execution of said "Amendment to Lease ", and upon completion of the issuance of the Water Refunding Bond by Northeast Metro, the attorney for the Harnett County Department of Public Utilities is hereby authorized to . insert where indicated within the body of said document, the following: a. The amount - of.and date of issuance of the Water Refunding Bond in the appropriate blanks in the newly written Paragraph 1. entitled "Rental: "; 64 €i b. Exhibit "1 ", which shall be the Payment Schedule attached to the Water Refunding Bond, shall be attached to said Amendment to Lease; c. The expiration date of the lease to be placed in the blank in the newly written Paragraph 2. beginning with the words "The terms of this Lease" shall be inserted. Said date shall be the date final payment on the Water Refunding Bond is due. d. The date of the expiration of the option to purchase to be placed in the blank in the newly written second subparagraph of Paragraph 18. entitled "Option to Purchase" shall be inserted. Said date shall be the date final payment on the Water Refunding Bond is due. 3. Upon insertion of the above stated matter, the Chairman and Clerk of this Board are hereby authorized to execute the said Amendment to Lease, and to take such further action as may be necessary or advisable to carry out the intent of this resolution. Duly adopted this 20th day of June , 1988, upon motion made by Commissioner Hudson , seconded by Commissioner Collins and passed by the following vote: Ayes 5 Noes 0 Absent 0 HA ETT COUNTY ATTEST: v V Vanessa W. Young, Cle, NORTH CAROLINA HARNETT COUNTY Exhibit A By: Abstained 0 ,lo!d G. Stewa•t, Chairman Harnett County Board of Commissioners AMENDMENT TO LEASE THIS AMENDMENT TO LEASE, MADE this 2Otlday of June , 1988, by and between the NORTHEAST METROPOLITAN WATER DISTRICT OF HARNETT COUNTY, NORTH CAROLINA, a metropolitan water district with its principal office in Lillington, North Carolina (hereinafter "Lessor"), and the COUNTY OF HARNETT, a governmental subdivision of the State of North Carolina, with its principal office in Lillington, North Carolina, (hereinafter "Lessee "). W I:T N E S S E T Hi THAT WHEREAS, the above named Lessor and Lessee on the 30th day of May, 1980 entered into a lease agreement whereby the water production and distribution facilities of Lessor were leased to Lessee: and WHEREAS, said lease is duly recorded in the office of the Register of Deeds of Harnett County, North Carolina at Book 705, Page 8121 and WHEREAS, certain provisions of said lease, the same being more specifically described herein, bear upon or contain as an essential and integral element thereof reference to or information relating to the terms of that certain Bond No. R -1 from Northeast Metropolitan Water District of Harnett County, North Carolina to United States of America Farmers Home Administration issued June 5, 1978; and WHEREAS, Lessor, with the consent of Lessee, has heretofore ascertained that it was advisable to refund said outstanding bond (along with one additional bond issued by Lessor), and in order to raise the funds required to refund said outstanding bonds has authorized and issued a Water Refunding Bond; and €i46 WHEREAS, Lessor and Lessee desire to amend the terms of the lease heretofore described, without altering the substance of the same, by deleting therefrom references to the previously outstanding bond issued June 5, 1978, and to substitute therefor references to, or information relating to the terms of the Water Refunding Bond. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee hereby agree that the .following amendments shall be and hereby are made to that lease entered into by the parties on May 30, 1980: A. Paragraph 1. entitled "Rental:" is deleted in its entirety and in lieu thereof the following is placed: 1. Rental: Lessor hereby reserves and Lessee agrees to pay to Lessor for the use of the water facilities hereinbefore described as rental for the demised facilities a sum equal to the principal, interest and penalty payments required by that certain Water Refunding Bond No. R -1 for from Northeast Metropolitan Water District of Harnett County to First - Citizens Bank and Trust Company issued , said payment requirements to be effective as of the date of the issuance of the above described Bond, and shall include all payments due subsequent to that date as more particularly shown on Attached Exhibit 1. In addition, the Lessee shall pay annually to Lessor an additional sum of money equal to annual administration costs of the District. The first such rent payment relative to bond payments shall be made on or before the first day of the month preceding the month during which said bond payment is due and each successive payment thereafter shall be paid in a like manner; it is understood that the principal of said bond shall be payable in annual installments on June 1 of each year, and that interest thereon shall be payable semi - annually on each June 1 and December 1, commencing December 1, 19887 the portion of the rent as determined by the amount of the annual administrative expenses shall be paid annually on or before August 1 of each year so long as this lease remains in full force and effect. B. Paragraph 2. beginning with the words "The term of this Lease" is deleted in its entirety and in lieu thereof the following is placed: 2. The term of this lease shall extend until C. The first and second subparagraphs of Paragraph 18. entitled "Option to Purchase:" are deleted in their entirety and in lieu thereof the following is placed:. 18. Option to Purchase: Upon payment of a sum of money equal to the 1980 installment of principal and interest as set out in Exhibit G (as attached to the original lease) on or before June 1, 1980, or as soon thereafter as may be practicable, Lessee shall have the exclusive option to purchase the demised premises described in this lease upon further payment of One Dollar and a sum of money to the District that is sufficient to enable the District to pay the outstanding bonded indebtedness set out in Exhibit 1 attached to the Amendment to Lease as it comes due and a sum of money sufficient to enable the District to meet its administrative expenses while the bonded indebtedness remains unpaid. Lessee shall also have the option to purchase said demised premises described in this lease upon further payment of One Dollar and upon assumption by the Lessee of the outstanding bonded indebtedness of the Lessor as set out in said Exhibit 1- attached to the Amendment to Lease. 64) This exclusive option to purchase said demised premises described in this lease, together with all equipment and inventory owned by the District, shall continue in effect until IN TESTIMONY WHEREOF, Lessor and Lessee, acting under authority of their respective governing bodies, have caused this Amendment to Lease to be duly executed as of the day and year first written above. NORTHEAST METROPOLITAN WATER DISTRICT OF HARNETT COUNTY By, ATTEST, anessa W. Young, Secretary By, ATTEST, Vanessa W. Young, Clerk NORTH CAROLINA HARNETT COUNTY Timothy McEinnle, Chairman of the District Board COUNTY OF HARNETT Lloyd G. Stewart, Chairman Harnett County Board of Commissioners Personally appeared before me, the undersigned Notary Public, Vanessa W. Young, who, being by me duly sworn, says that she knows the common seal of the Northeast' Metropolitan Water District of Harnett County, and 1s acquainted with Timothy McKlnnie who is the Chairman of the governing Board of Northeast Metropolitan Water District of Harnett County and that she, the said Vanessa W. Young is the Clerk to said Board and saw the said Timothy McKinnie sign the foregoing Amendment in the name of Northeast Metropolitan Water District of Harnett County and that she, the said Vanessa W. Young, Clerk as aforesaid, affixed said seal of said District hereto and signed her name in attestation of said Amendment to Lease in the presence of the said Timothy McKlnnie, Chairman of said Board, all as authorized by the governing body of said District. WITNESS my hand and Notarial Seal, this the day of , 1988. . My Commission Expires: NORTH CAROLINA HARNETT COUNTY Notary Public Personally appeared before me, the undersigned Notary Public, Vanessa W. Young, who, being by me duly sworn, says that she knows the common seal of Harnett County, North Carolina, and is acquainted with Lloyd G. Stewart, who is the Chairman of the Board of Commissioners of Harnett County, and that she, the said Vanessa W. Young, is the Clerk to the Board of Commissioners of Harnett County, and saw the said Lloyd G. Stewart sign the foregoing Amendment to Lease in the name of the County of Harnett and that she, the said Vanessa W. Young, Clerk as aforesaid, affixed said seal of Harnett County hereto and signed her name in attestation of snid Amendment to Lease in the presence of the said Chairman of the Board of Commissioners of Harnett County, North Carolina, all as authorized by the governing body of the County of Harnett. WITNESS my hand and Notarial Seal, this the day of , 1980. My Commission Expires, 4 Notary Public 848 DOCUMENT NO. S. RESOLUTION REGARDING APPROVAL OF REFUNDING BONDS OF THE NORTHEAST METROPOLITAN WATER DISTRICT OF HARNETT. COUNTY WHEREAS, the Farmers Home Administration of the United States Department of Agriculture has recently made available to the Northeast Metropolitan Water District of Harnett County (hereinafter "Northeast Metro ") pursuant to its plan, know as the "Discount Purchase" or "Buy Back" Program, the opportunity to refinance its bonded indebtedness at a substantial savings to said District; and WHEREAS, the County of Harnett, as Lessee of the water production and distribution systems of Northeast Metro did, at its meeting on May 5, 1988, concur in Northeast Metro's participation in said "Discount. Purchase" or "Buy Back" Program; and WHEREAS, since May 5, 1988, Northeast Metro has finalized its plans regarding its refinancing and intends to sell refunding bonds to First - Citizens Bank and Trust Company; and WHEREAS, said First Citizens Bank and Trust Company has committed to purchase said bonds at a purchase price equal to 100% of the principal amount thereof and at a variable rate of interest per annum equal to the prime rate of said Bank plus 0.5% subject to a maximum rate of 10.5% and a minimum rate of 6.5%; and WHEREAS, said refinancing will result in substantial savings to Northeast Metro; and WHEREAS, it is the desire of the County of Harnett, as Lessee of the system of Northeast Metro, to approve and consent to the refinancing as described hereinabove. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS AS FOLLOWS: The County of Harnett as Lessee of the water production and distribution system of Northeast Metro, hereby approves and consents to Northeast Metro's refunding of its outstanding bonds and the sale of the said refunding bonds to First - Citizens Bank & Trust Company, as hereinabove set forth. Duly adopted the 20th day of June , 1988, upon motion made by Commissioner . Hudson , seconded by Commissioner Collins and passed by the following vote: Ayes 5 Noes 0. Absent 0 Abstained 0 County of Harnett BY /La. ' i�lw •''' Llo • c. Stewart, Chairman Harnett County Board of Commissioners 64j DOCUMENT NO. 6. 1 RESOLUTION REQUESTING STATE FUNDS PURSUANT TO THE APPROPRIATIONS UNDER CHAPTER 480 OF THE 1985 SESSION LAWS OF THE GENERAL ASSEMBLY OF NORTH CAROLINA (SENATE BILL 2) WHEREAS, the Harnett County Board of Commissioners, (hereinafter the "Board ") has been informed that there remains a balance of $ 1,788.00 in its name under the funds allocated to it pursuant to Chapter 480 of the 1985 Session Laws of the General Assembly of North Carolina; and WHEREAS, the West Central Water and Sewer District of Harnett County, a water and sewer district organized and existing under Article 6, Chapter 162A of North Carolina General Statutes, was formed for the purpose of supply water and /or sewer services to residents of that area of Harnett County; and WHEREAS, contracts for the construction of a water supply and distribution system within said District have been awarded and actual construction of the same is to begin soon; and WHEREAS,the system is designed to serve approximately 633 families with the cost of the current construction to be $1,470,000.00; and WHEREAS, the sources of funding for said project are as follows: General Obligation Bonds of the District $ 670,000 State Grant 380,000 State Grant (Natural Resources and Community Development) 100,000 State Grant (Senate Bill 2) 1,788 County Funds 268,212 Tap -on Fees 50,000 $ 1,470,000 and, WHEREAS, the purpose of the project is to alleviate a critical need for water in the area and to protect the public health, to provide acceptable water quality, and to allow for the continued needs of a growing population in the area; and WHEREAS, the County now desires to apply for the remaining allocation of funds as described and to transfer and designate the same to the West Central Water and Sewer District of Harnett County for the purpose named; and WHEREAS, the County, as required by the provisions of said Chapter 480, desires to certify that the County will be able to fund the local share costs of the project as described. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS THAT: 1. Harnett County does hereby make application to the State of North Carolina for the remaining funds allocated to it under Chapter 480, and for the allocation of the same to fund the cost of the water supply and distribution facilities of the West Central Water and Sewer District of Harnett County as hereinabove described. 2. It is hereby certified that the County will and is able to fund the local share of the costs of the facilities as stated. 3. The appropriate representatives of the County are directed to forward a certified copy of this resolution to the State of North Carolina and to take such further action as is necessary in order to carry out the intent of this resolution. 6 Duly adopted this loth day of June, 1988, upon motion made by Commissioner Shaw , seconded by Commissioner Collins , and passed by the following vote: Harnett County Board of Commissioners BY: ATTEST: Llo d e. Stewart, Chairman Vanessa W. Young, Cl : 'k