072015a Agenda PackageHARNETT COUNTY BOARD OF COMMISSIONERS
County Administration Building
102 East Front Street
Lillington, North Carolina
Regular Meeting
July 20, 2015 7:00pm
I. Call to order-Chairman Jim Burgin
2. Pledge of Allegiance and Invocation-Commissioner Joe Miller
3. Consider additions and deletions to the published agenda
4. Consent Agenda
A. Minutes
B. Budget Amendments
C. Tax refunds, rebates and release
D. Resolution by the Harnett County Board of Commissioners in Support ofNorth Carolina
Governor Pat McCrory's Connect NC Bond Proposal.
E. Resolution of the Board of Commissioners of the County of Harnett, North Carolina,
Approving an Installment Financing Contract and a Deed of Trust with Respect Thereto and
Delivery Thereof and Providing for Certain Other Related Matters.
5. Period of up to 30 minutes for informal comments allowing 3 minutes for each presentation
6. Appointments
7. Oath of Office-EricK. Truesdale serving on the Governor's Working Group on Veterans, Service
Members and their Families
8. Public Hearing Regarding the Financing of Certain Building Addition for Boone Trail Emergency
Services with the Proceeds of Tax-Exempt Debt, Jimmy Riddle, Harnett County Fire Marshal
9. NCACC Update Video
10. Discussion regarding the establishment of a committee to consider nonprofit funding requests
11. County Manager's Report-Joseph Jeffries, County Manager
-Veteran Affairs Activities Report -June 2015
-Public Health Activities Summary-May 2015
-Harnett County Planning Services Report -June 2015
-Interdepartmental budget amendments
12. New Business
13. Closed Session
14. Adjourn
Page 1
072015a HC BOC Page 1
Agenda Item 'I• a
HARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Special Meeting
June 30, 2015
The Harnett County Board of Commissioners met in special session on Tuesday, 1 une 30, 20 I 5,
in the Commissioners Meeting Room, County Administration Building, I 02 East Front Street,
Lillington, North Carolina.
Members present:
Staff present:
Jim Burgin, Chairman
Gordon Springle, Vice Chainnan
Abe Elmore, Commissioner
Barbara McKoy, Commissioner
Joe Miller, Commissioner
Joseph Jeffries, County Manager
Paula Stewart, Deputy County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Allen Coats, Deputy Finance Officer
Margaret Regina Wheeler, Clerk
Chainnan Burgin called the meeting to order at 9:00 am. Commissioner Miller led the pledge of
allegiance and invocation.
Mr. Wayne Black, NC DHHS Director of Social Services, talked about where Harnett County is,
where the State is and what the issues are regarding caseloads. Mr. Black noted in the last six
weeks Harnett County DSS had reduced their Medicaid recertifications overdue by 38%.
Mr. Black commended Harnett County's efforts and gave an overview ofhow we got where
we are, what is happening next, what is going on with NC FAST and recommendations for
the County as far as meeting the expectations of processing Medicaid and Food & Nutrition
cases.
Mr. Black said first it's important to note the caseload growth in Harnett County. He reported
the caseload growth since 2008 for Food & Nutrition Services at 84.6 %which is 9% faster than
the State growth. He also noted Medicaid recipients have grown by 32.5% in Harnett County
since 2008. Mr. Black said he understands staffing hasn't really changed that much and
obviously staff are working hard just to keep up.
Mr. Black reviewed some changes at the federal level and continued discussing impacts, issues
and requirements effecting caseloads. He reported that USDA is now requiring staff to
meet an 85% timeliness in processing food stamp applications. He said they will require 95%
timeliness starting January 1, 2016 through June 30,2016 or, according to their advance warning
letter, they will consider suspending, eliminating or withholding our federal reimbursement for
Food Stamp Administration totaling $88 Million. Mr. Black said in 2013 all 50 states were only
averaging 88% so they were concerned timeliness was going down nationwide.
June 30, 2015 Special Session Minutes
Harnett County Board of Commissioners
Page 1 of7
072015a HC BOC Page 2
Mr. Black said statewide in the last seven years caseloads have grown tremendously and
staffing has not kept up; they have implemented a new integrated case management system that
provides food stamp benefits to over 800,000 households every month as well as providing
benefits to 1 .9 million Medicaid recipients in North Carolina. Mr. Black said the bottom line
seems to be an issue about having enough resources to get the work done and meet the federal
requirements. He said if the county loses the federal reimbursement then if s all county money.
Mr. Black said having NC FAST allowed for a 75% reimbursement for Medicaid verses 50%
reimbursement which saved counties about $26 Million dollars this year verses last year. Mr.
Black said the 75% reimbursement for Medicaid eligibility is permanent as long as you make
USDA happy by the end of the year. Reimbursement for food stamps remains at 50%. Mr.
Black said their expectation \vould then be for counties to reinvest a portion of the savings in
to the resources in order to meet the federal requirements for Medicaid applications, Medicaid
recertifications as well as Food & Nutrition Services. Mr. Black said they are working with
counties and have issued an administrative letter giving advice but it can't be done without the
people.
Paul Polinski, Director of Harnett County Department of Social Services, responded that over
21,000 individuals receive Food & Nutrition Services in Harnett County and over 23,600 receive
Medicaid benefits. Commissioners asked how many citizens receive both Medicaid and food
stamps services. Mr. Polinski said he thinks most of the people that receive Medicaid
somewhere along the way arc getting food stamps as well.
Mr. Polinski said they are very grateful for their part-time employees however their
time was cut in 2013 due to the Affordable Care Act. Mr. Polinski said they have not added any
new income maintenance full time employees since 2007/2008. He talked about staffs efforts
to handle the backlog and said the whole agency really stepped up and came together.
Mr. Polinski stated his plans to ask the Board in the near future to consider approving a budget
amendment allowing them to shift some money from their part-time line item over into their full
time line item. He said this would eliminate 14 part-time positions but would allow them, along
with the amounts of reimbursement, to bring on 20 additional full time staff. Mr. Polinski said
all of this could be done at no additional cost to the County. He responded that those part-time
employees would have an opportunity to apply for those full-time positions. Mr. Black said he
feels good about the plan. It was the consensus of the Board, given there was no
net change, to make this change in the budget today.
The Board considered the FY 2015/2016 Proposed Budget. Mr. Jeffries made the Board aware
of a shift from an expense line item to a capital line item in the Board ofEducation's budget with
no bottom line change. Vice Chairman Springle moved to approve the FY 2015/2016 proposed
budget. Commissioner Miller seconded the motion which passed unanimously.
Vice Chairman Springle moved to approve a budget amendment allowing the Department of
Social Services to shift money from their part-time line item over into their full-time line item.
Commissioner McKoy seconded the motion which passed unanimously.
June 30, 2015 Special Session Minutes
Harnett County Board of Commissioners
Page 2 of7
072015a HC BOC Page 3
Mrs. Honeycutt petitioned the Board for a public hearing regarding Harnett County
entering into an installment financing contract in an amount not to exceed
$7,000,000 to refinance certain County installment payment obligations under an
Installment Financing Contract and to finance the purchase of certain real property. Mrs.
Honeycutt explained the public hearing and resolution are required by the LGC. Chairman
Burgin reminded everyone this is for HFTC properties that they will be paying off and will be
transferred to the County. Mr. Elmore clarified this would be lumping all of those loans into one
and saving a lot of interest. Chairman Burgin called to order a public hearing on the matter.
Seeing no one move, Chairman Burgin closed the public hearing. Vice Chairman Springle
moved to approve entering into an installment financing contract in an amount not to exceed
S7,000,000 to refinance certain County installment payment obligations under an Installment
Financing Contract and to finance the purchase of certain real property. Commissioner Elmore
seconded the motion which passed unanimously.
At 9:40 am, Vice Chainnan Springle moved that the Board recessed until 1:30pm to attend the
funeral of Mrs. Jean Hanis. Commissioner Miller seconded the motion which passed
unanimously.
At 1 :30 pm Commissioner Elmore moved that the Board reconvene. Vice Chaim1an Springle
seconded the motion which passed 4-0. Commissioner Miller was absent during the
afternoon session.
NCDOT Division 6 Engineer Greg Bums and NCDOT-PDEA Project Planning Engineer Kim
Gillespie joined the Board to provide an updated regarding the US 401 Corridor. They
introduced Justin Thomas who is interning in their office. Commissioner Elmore asked about
having "Home of Miss North Carolina 2015'' added to the ·'Welcome to Harnett County"
signs. Mr. Bums said he believes you can only have one slogan per sign, which Harnett County
already does, but he will check on the details and report back.
Mr. Bums responded that the contract for the tunnel project at Campbell University has been
awarded. He said the tunnel would be an "open cut" and would require that Hwy 421 be
closed for about a month and hopefully the project will be completed this fall.
Ms. Gillespie said TIP R-2609 involves improvements to the US 401 Corridor from north of
Fayetteville to north of Fuquay. She said previously this project was funded in the State TIP for
planning and environmental studies only. Mrs. Gillespie said the passage of the Strategic
Transportation Investment Law (STI) changed the way the projects are selected for funding. She
said this project did not score well enough to be funded in the STI and cannot be added to the
TIP list. Ms. Gillespie said prior to stopping work on the project, they had selected a number of
alternatives for detailed study. She said detailed environmental studies had begun but have not
been completed and preliminary designs were also underway. Mrs. Gillespie reviewed what
their next steps would have been if the project had been funded. She shared two maps with
commissioners; one showing all of the altematives for the proposed project. Mrs. Gillespie
noted other project NCDOT is working on in District 6.
June 30, 2015 Special Session Minutes
Hamett County Board of Commissioners
Page 3 of7
072015a HC BOC Page 4
Mr. Bums suggested figuring out a way to segment the US 401 Conidor project, which is a 33
mile project, and would be difficult due to multiple conidors. Mr. Bums said another possibility
is the County coming up with some other funding to complete the planning document. He
suggested talking to CAMPO about completing the study and taking it to a record of decision
which could cost up to $4.5 Million. The group continued to discuss road improvement options
and needs. Last, Mr. Bums reported that Ernest Lane, Hickorydale Lane/Lucas and Tucker Lane
and Bond Lane have received some funding so that they can be brought up to NCDOT minimum
standards.
Commissioner Elmore moved to approve the following items listed on the consent agenda. Vice
Chairman Springle seconded the motion which passed 4-0.
1. Minutes: June 15, 20I5 Regular Meeting
2. Budget Amendments:
493 Radio Upgrade Capital Project CP I 406
Code 307-8300-420.45-80 Contingency
307-8300-420.46-09 Radio Lease
307-0000-3 I 4.50-00 Sales Tax
503 WIA Programs
Code 234-4405-465.58-I 9 Participant Travel
234-7405-465.12-02 Participant Wages
234-7407-465.22-01 Participant FICA Tax Expense
234-7407-465.11-00 Salaries & Wages
234-7 410-465.60-3 I Gas, Oil, & Auto Supplies
234-7410-465.11-00 Salaries & Wages
504 Good Hope Mental Health Renovation Project CP1 005
Code 323-8300-441.46-01 Residual Equity
323-8300-441.45-30 Engineering
323-0000-361.10-00 Interest Earned
505 Employment Transportation
Code 233-7409-465.90-10 Other Financing General Fund
233-0000-399.00-00 Fund Balance Appropriated
516 Library
Code 110-0000-331.81-01 Library INC State Aid/Library
110-0000-399.00-00 Fund Balance Appropriated
519 WIA Programs
Code 234-7405-465.58-19 Participant Travel
234-7405-465.12-02 Participant Wages
264,536 decrease
571 ,2 I 1 increase
306,675 increase
2,900 decrease
2, 900 increase
500 decrease
500 increase
500 decrease
500 increase
I 0,203 increase
10,187 decrease
16 increase
3,593 increase
3,593 increase
542 increase
542 decrease
2,900 decrease
2,900 increase
June 30, 2015 Special Session Minutes
Harnett County Board of Commissioners
Page 4 of7
072015a HC BOC Page 5
519 WIA Programs continued
Code 234-7407-465.22-01 Participant FICA Tax Expense
234-7407-465.11-00 Salaries & Wages
234-7410-465.60-31 Gas, Oil, & Auto Supplies
234-7410-465.11-00 Salaries & Wages
523 Sheriffs Office
Code 110-5120-420.41-13 Utilities
110-5120-420.12-00 Salaries & Wages-Part Time
525 Library
Code 110-8100-450.33-45 Contracted Services
110-0000-331.81-02 LSTA Grant/Library
526 Solid Waste
Code 250-6600-461.35-56 Electronics Management
250-0000-399.00-00 Fund Balance Appropriated
530 lnterfund Transfer
Coded 110-6500-406.43-16 Operating-Repair & Maintenance
I Maintenance & Repair Equipment
110-8701-490.90-28 Other Financing Uses-Trani Airport
Projects
531 Airport Capital Reserve Projects CP 13 02
500 decrease
500 increase
500 decrease
500 increase
35,000 increase
35,000 decrease
20,333 decrease
20,333 decrease
6,749 increase
6,749 increase
753 decrease
753 increase
Code 301-8300-406.90-03 Other Financing Uses-TraniCapital Project 753 increase
301-00-389.10-0 Interfund Transfers I General Fund 753 increase
3. Tax refunds, rebates and release (Attachment 1)
4. Resolutions to add roads to state system (Attachment 2 & 3)
5. Resolution to cancel the July 6, 2015 Regular Meeting of the Harnett County Board of
Commissioners (Attachment 4)
6. Harnett County Finance Office requests approval of Notice of a Public Hearing
Regarding the Financing of Certain Building Addition for Boone Trail Emergency
Services with the Proceeds of Tax-Exempt Debt
7. Public Utilities requests approval of an engineering amendment in the amount of $12,940
to MBD Consulting Engineers to design an odor control chemical feed system for the
wastewater pumping station at Ft Bragg. This engineering amendment will be paid for
by existing project funds.
June 30, 2015 Special Session Minutes
Harnett County Board of Commissioners
Page 5 of7
072015a HC BOC Page 6
8. Approval of North Carolina General Warranty Deed from the County of Harnett to the
Town of Angier for Lot 47, Benton Point Phase Two, as requested by the Town of Angier
Ms. Honeycutt presented the 2015 Installment Financing Contract RFP summary ofbids,
including interest rates, prepayment provisions, acceptance deadlines, and bank fees. Mrs.
Honeycutt recommended award to First Bank who offered the lowest Tax-Exempt and Taxable
rates. Mrs. Honeycutt said using the taxable rates for a portion will give the Board more
flexibility with the land. Chairman Burgin disclosed that he serves on the local Board of First
Bank and moved to recuse himself from the vote. Commissioner Elmore seconded the motion
which passed 4-0. Commissioner Elmore moved to approve the award of the 2015 Installment
Financing Contract to First Bank. Vice Chairman Springle seconded the motion which passed
3-0.
Vice Chairman Springle moved to approve the appointments listed below. Commissioner
Elmore seconded the motion which passed 4 -0.
CITY OF DUNN PLANNING BOARD ETJ
Mike Beasley of 663 Ammons Road in Dunn (nominated by Vice Chainnan Springle) was
appointed to serve as an ETJ member on the City of Dunn Planning Board.
HARNETT COUNTY PUBLIC LIBRARY BOARD OF TRUSTEES
Charles Moore (nominated by Vice Chainnan Springle) was appointed as Dunn· s representative
on this Board.
HARNETT COUNTY PLANNING BOARD
Niihau K. A. Ramsey (nominated by Vice Chairman Springle) was appointed to serve as at-large
alternate member on this board.
Mr. Jeffries presented the following reports:
-May Financials and March Sales Tax reports
Vice Chairman Springle moved to designate Commissioner McKoy as Harnett County's voting
delegate at the upcoming NCACC Annual Conference. Commissioner Elmore seconded the
motion which passed 4-0.
Mr. Jeffries also mentioned we ended our first year being self-insured on a positive note with
S 1.8 million in cash for our health insurance and $246,000 in our dental. He said workers comp
is healthy at $1.8 million.
Mrs. Honeycutt sought direction from the Board regarding family insurance policies when both
spouses are employed with Harnett County. She said it is actually cheaper for the County to pay
for family coverage instead of two single policies however at this time there are six families
where the employees are not contributing anything toward their famnies/children's health care.
She said now that we are self-insured the County is actually paying for claims of those children.
Mrs. Honeycutt suggested adding a 41h tier so that new employees in this situation would pay
some portion of their family health care and current employees getting free family health care
June 30, 2015 Special Session Minutes
Harnett County Board of Commissioners
Page 6 of7
072015a HC BOC Page 7
will start paying a portion of their family health care on July 1, 2016. It was the consensus of the
Board to change the policy to add a 4 1h tier so that employees are contributing to their family
health care.
Commissioner McKoy moved that the Board go into closed session to 1) consult with the
County's legal staff in order to preserve the attorney-client privilege concerning the handling of a
certain claim; 2) instruct the County staff concerning the position to be taken by the County in
negotiating the tenns of a contract for the acquisition of real property; and 3) to discuss
economic development matters. This motion is made pursuant to N.C. General Statute Section
143-318.11 (a)(3)&(5)&(4). Commissioner Elmore seconded the motion which passed 4-0.
Commissioner Elmore moved that the Board come out of closed session. Vice Chairman
Springle seconded the motion which passed 4-0.
Vice Chairman Springle said he recently attended meeting of the N.C. Land Conservation Trust
Fund. He suggested that the County apply for a grant to help us look at the feasibility of any
type of agricultural development in our county. He said the process takes about a year.
Chairman Burgin reported on a recent meeting with Secretary Troxler along with Lee County
representatives talking about agri-business; agricultural economic development. Mr. Jeffries will
share notes regarding the meeting.
Commissioner Elmore moved to adjourn the meeting at 3:23pm. Vice Chainnan Springle
seconded the motion which passed 4-0.
Jim Burgin, Chairman Margaret Regina Wheeler, Clerk
June 30, 2015 Special Session Minutes
Harnett County Board of Commissioners
Page 7 of7
072015a HC BOC Page 8
ATTACHMENT 1
.:.>;pproved by the Hamen
; :D mty Soard ul ComfT'l<>~lollert
;;C?h~ _~--~k:~-_I 5~ ........... ---'I . I)
I 1\ (l.Ak<-( C\ i I!_.:~ ('-'1~~ ~
.JO
Date· 06/1-5/2015 Approved By :_H_C.. 8 0 C (,. -~ D -J.5
TO : HARNETT COUNTY BOARD OF COMMISSIONERS
RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL
MUNICIPALITIES
N(}, Name:. of Tax Payer Biff#
1 DELHAJZE
AMERICA 0000018091-
DJSTRIBUnON 2014-2014-
000000
S. KEITH FAULKNER
Revenue Administrator
CC:
S. KEITH FAULKNER
:so
Date: 061 l-512 0 1 5
' : Tax, 1 nl<!rest and
Penalties
City 0.00
County 19,612.82
City Total
County Total
Total to be
Refunded
·· Tota:fRefund
19,612.82
0 00
19,612.82
19,612.82
Approved By: Ht {joe_ ~-3o-/5
Re{tl.)ast Status Reason
BOARD OF E & R
DECISION ON
Refund 12/29/2014 PER
BB
TO : HARNETT COUNTY BOARD OF COMMISSIONERS
RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES
N · Name.o'fTax S!H# Tax, interest and f otal Refi:rnd Request Status. Reason 0 • P_ay~r Penrutles
BETHUNE, City 0.00
LETTIE J 0000004683-
2013-2013-38.53 Refund MHOME IS DOUBLE
000000 County 38.53 LISTED;LISTED AS
REAL ON
ABSTRACT#1713934
2 DUBOIS, City 0.00
GREGORY
EDMUND ACTIVE DUTY NON-
0001787074-RESIDENT,PD
2010-2010-55.33 Refund TAXES IN
000000 County 55.33 ERROR, REQUESTED
REFUND BASED ON
THAT (LES ON FILE
ETS;281 031/ST:CA)
3 DUBOIS, City 0.00
GREGORY
EDMUND ACTIVE DUTY NON-
0001788201-RESIDENT,PD
2010-2010-166.48 Refund TAXES IN
000000 Count\' 166.48 ERROR,REQUESTED
REFUND BASED ON
THAT (LES ON FILE
ETS;281 031/ST:CA)
4 City 0.00 159.23 Refund
072015a HC BOC Page 9
ACTIVE DUTY NON-
DUBOIS, RESIDENT,PD
0001788201-TAXES IN GREGORY 2011-2011-County 159.23 ERROR,REQUESTED EDMUND 000000 REFUND BASED ON
THAT (LES ON FILE
ETS;281031/ST:CA}
5 DUBOIS, City 0.00
GREGORY
EDMUND ACTIVE DUTY NON-
0002073849-RESIOENT,PD
2012-2012-219.36 Refund TAXES IN
000000 County 219.36 ERROR,REQUESTED
REFUND BASED ON
THAT (LES ON FILE
ETS,281 031/ST:CA)
6 HELMS, City 0.00
KENNETH L 0002002792-
2014-2014-255.00 Refund REBILLING TO ADD
000000 County 255.00 HOUSE AND 1 SW
FEE.
7 WARD, JERRY City 0.00
0001553808-DOUBLE
2012-2010-95.47 Refund LISTED,USTED AS
110000 County 95 47 REAL PROPERTY
ON
ABSTRACT#5444 3
8 WARD, JERRY City 0.00
0001553808-DOUBLE
2012-2011-80.33 Refund LISTED,USTED AS
110000 County 80.33 REAL PROPERTY
ON
ABSTRACT#54443
9 WARD, JERRY City 0.00
0001553808-DOUBLE
2012-2012-68.16 Refund LISTED,LISTED AS
000000 County 68.16 REAL PROPERTY
ON
ABSTRACT#54443
S. KEITH FAULKNER City Total 0.00
Revenue Administrator County Total 1,137.89
Total to be 1,137.89 Refunded
072015a HC BOC Page 10
ATTACl-IMENT 2
RESOLUTION
BE IT RESOLVED that the Harnett County Board of Commissioners
does hereby, by proper execution of this document, request that the 1\orth Carolina
Department of Transportation add to the State's Secondary Road System the below
listed street.
strong roots · new growth
Ben \Voods Subdivision
Ben Court
HARNETT COUNTY BOARD OF COMMISSIONERS
----~--~v~~~
Jim ~gin, Chairman
www.harnett.org
072015a HC BOC Page 11
ATTACHMENT 13
Harnett
0 U N T
RESOLUTION
BE IT RESOLVED that the Harnett County Board of Commissioners
docs hereby, by proper execution of this document, request that the North Carolina
Department of Transportation add to the State's Secondary Road System the below
listed street.
\Vest Landing at the Summit Subdivision
Copper Loop (SR 2521 Ext.)
Boulder Drive (SR 2520 Ext.)
HARNETT COUNTY BOARD OF COMMISSIONERS
strong roots • new growth
www.harnett.org
072015a HC BOC Page 12
Harnett
COUNTY
ATTACHMENT4
A RESOLUTION TO CANCEL THE
JULY 6, 2015 REGULAR MEETING OF THE
HARNETT COlJNTY BOARD OF COMMISSIONERS
www.harnett.org
THAT \VHEREAS, the Harnett County Board of Commissioners adopted on September
19, 1994 certain Rules of Procedure by which the Board would conduct its meetings; and
WHEREAS, Rule 6 of the Rules of Procedure concerning "Regular and Special
Meetings" states that the Board may cancel the place or time of a particular regular meeting by
resolution: that the Board has detem1ined that it wiii not meet at its regular scheduled morning
meeting of Monday, July 6, 2015.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Harnett
County that its regular meeting scheduled for Monday, July 6, 2015 at 9:00 a.m. is hereby
canceled; that this Resolution shall be filed with the Clerk to the Board, posed at the regular
meeting place and fonvarded to all parties on the County's Sunshine List.
Adopted by the Harnett County Board of Commissioners in regular session, this 30th day
of June, 2015.
HARNETT C JNTY BOARD OF COMMISSIONERS
~~-~~--
m Burgm, Chjman
By:_
strong roots · new growth 072015a HC BOC Page 13
Agenda Item L/•
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2016:
Section 1. To amend the General Fund, Cooperative Extension, the appropriations are to be changed as
follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
I 110-7310-465-33-45 Contracted Services 14,688
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-0000-353-73-10 Parents As Teachers 14,688
EXPlANATION: To increase the Parents As Teachers account to reflect the remaining contributions received
and approved during 2014-2015. Funds will be used to continue family support.
9#~/-
County Manager (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
\6 072015a HC BOC Page 14
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2016:
Section 1. To amend the General Fund, Cooperative Extension CRD Program, the appropriations are to
be changed as follows: ·
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-7398-465-36-05 . CRD-Community Rural Development 500
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-0000-399-00.00 Fund Balance Appropriate 500
CRD Community Rural Development
EXPLANATION: To budget funds for community rural development program .
............ ~-.-Jicer(~ County Manager (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
1h 072015a HC BOC Page 15
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2016:
Animo-\ 5exv\Gt'j
Section 1.To amend the-f>ri·f'J;Jert .budget, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-5500-420.30-04 Operating-Professional/Professional Services 3000
110-550~20.43-16 Operating-Repair & Maint Equipment 1500
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION Of CODE INCREASE DECREASE
110-0000-334.65-01 Animal Control/Spay and Neuter 3000
110-0000-322.55-04 Animal Control/Spay and Neuter 1500
EXPLANATION: To fund expenditure line items to match the estimated revenues to be received through the Spay and
Neuter programs.
APPROVAlS:
~ ~fo~--~ ;0 ~ 7-ls--cT
Department Head date) ina nee cer (dat;i jl /IS ~ntYf;age;:{d;;te)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted this ______ day of ______ _, _______ _
Margaret Regina Wheeler
Clerk to the Board
Jim Burgin, Chairman
Harnett County Board of Commissioner
072015a HC BOC Page 16
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made
to the annual budget ordinance for the fiscal year ending June 30, 2016:
Section 1. To amend the Cooperative Extension Special Program, the appropriations are to be changed as
follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
ll 0-7398-465-32-32 Special Program $500
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
l l 0-0000-399-00-00 Fund Balance Appropriated $500
EXPLANATION: To decrease budget for the Cooperative Extension Special Program. These funds belong
to the Community Rural Development Program, a budget has been prepared by
Cooperative Extension for the CRD Program.
APPROVALS:
:K~ its(ts
Finance Officer [date) County Manager (date) ants Finance & Accountin5
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Boord, and to the Budget
Officer and the Finance Officer for their direction.
Adopted __________________________________ ___
Margaret Regina Wheeler,
Clerk to the Boord
Jim Burgin, Chairman
Harnett County Board of Comm
072015a HC BOC Page 17
Agenda Item _L/___,.__---=C=--
Date: 07/20/2015 Approved By:. ________ _
TO : HARNETT COUNTY BOARD OF COMMISSIONERS
RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES
No. NameofTax
Payer
SLOSS, JOHN
EJR
SLOSS,
TERESAJ
S. KEITH FAULKNER
Revenue Administrator
CC:
S. KEITH FAULKNER
Date: 07/20/2015
Bill#
0001704323-2014-2014-000000
Approved By :
TO : HARNETT COUNTY BOARD OF COMMISSIONERS
Tax, Interest and
Penalties
City 0.00
County 1 ,824.53
City Total
County Total
Total to be
Refunded
Total Request
Refund Status
1,824.53 Refund
0.00
1,824.53
1,824.53
RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES
Name of Bill# Tax, Interest and Penalties Total Request Status No. Tax Payer Refund
1 FASTENAL
COMPANY
-NCDUN 0001885406-City(CI05) 25.53
2014-2014-68.43 Refund
000000
County 42.90
2 LBM INC
0000030615-City(CI05) 4.83
2014-2014-12.95 Refund
000000
County 8.12
3 MCNEILL,
ALBERT L
0000036383-City 0.00
2013-2013-39.75 Refund
000000
County 39.75
4 City 0.00 41.00 Refund
Reason
HOUSE BURNED
12-4-2013;
DELETE FOR
2015;RELEASE
FOR 2014-
RELEASE 1 SW
FEE
Reason
TAXPAYER
FILED FOR
AN
EXTENSION.
LLP BILLED
IN ERROR.
2014
EXTENSION
FILED. LLP
KEYED IN
ERROR.
Appeal
Settlement
per NC
Property Tax
Commission
Appeal
Settlement
072015a HC BOC Page 18
MCNEILL,
ALBERT L 0000036383-
2014-2014-
000000
S. KEITH FAULKNER
Revenue Administrator
CC:
S. KEITH FAULKNER
County
City Total
County Total
Total to be
Refunded
41.00
30.36
131.77
162.13
perNC
Property Tax
Commission
072015a HC BOC Page 19
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Page 6 of6 072015a HC BOC Page 25
Harnett
COUNTY
RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS
IN SUPPORT OF NORTH CAROLINA GOVERNOR PAT MCCRORY'S
CONNECT NC BOND PROPOSAL
www.harnett.org
WHEREAS, Governor Pat McCrory has proposed a $2.85 billion bond initiative intended to connect
North Carolina cities and towns in the 21 51 century by building roads, upgrading technology, constructing and
improving educational facilities, enhancing medical services, supporting our military installations, improving
parks and recreational facilities, and building and improving port and rail infrastructure; and
WHEREAS, these strategic investments, as proposed, are designed to benefit every community across
this great State and will create jobs and improve the quality of life and environment for every community across
this great State and will create jobs and improve the quality of life and environment for every North Carolinian;
and
WHEREAS, because ofNorth Carolina's fiscal strength and strong balance sheet, no tax increase will be
required to fund these bonds, and in addition, the State's Triple A bond rating will be preserved; and
WHEREAS, by not addressing our serious infrastructure deficiencies now, our State will lose its ability
to compete in the future, interest rates will go up, costs to taxpayers will increase, congestion will worsen and jobs
will not expand at the rate needed to sustain a healthy and vibrant North Carolina; and
WHEREAS, the bond proceeds will benefit projects in the Harnett County Region; and
WHEREAS, the citizens of North Carolina must be allowed to make the important decision of investing
in the opportunities provided to our future generations through the Connect NC bond initiative.
NOW, THEREFORE BE IT RESOLVED that the Harnett County Board of Commissioners support
Governor McCrory's Connect NC bond initiative and encourages the General Assembly to allow North
Carolina's citizens to vote on this critical bond proposal to ensure North Carolina's future on the global stage.
ADOPTED this 20th day of July, 2015.
HARNETT COUNTY BOARD OF COMMISSIONERS
Jim Burgin, Chairman
Attest:
Margaret Regina Wheeler, Clerk to the Board
strong roots • new growth
072015a HC BOC Page 26
Agenda Item Ll-E
EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS
A regular meeting of the Board of Commissioners (the ''Board'") of the County of Harnett, North
Carolina (the "County"") was held on Monday, July 20, 2015, at 7:00 p.m. in the County Commissioners'
Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North
Carolina, Jim Burgin, Chairman of the Board presiding and the following Commissioners present:
Commissioners Absent:
Also Present:
* * * * * *
* * *
Commissioner introduced the following resolution, a summary of which had
been provided to each Commissioner, a copy of which was available with the Clerk to the Board and
which was read by title:
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT,
NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND A
DEED OF TRUST WITH RESPECT THERETO AND DELIVERY THEREOF AND
PROVIDING FOR CERTAIN OTHER RELATED MATTERS
WHEREAS, the County of Harnett, North Carolina (the ''County'") is a validly existing political
subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution,
statutes and laws of the State ofNorth Carolina (the "State");
WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina to
(1) purchase real and personal property, (2) enter into installment financing contracts in order to finance
and refinance the purchase of real and personal property used, or to be used, for public purposes and
(3) grant a security interest in some or all of the property purchased to secure repayment of the purchase
pnce;
WHEREAS, the County has previously executed and delivered an Installment Financing Contract
dated as of January 15, 2005 (the "Prior Contract") between the County and Bank of America, N.A. in
order to finance all or a portion of the costs to acquire, construct, renovate, equip and furnish a County
Agricultural Center (the "Agriculture Center'") and a County Animal Control Shelter;
WHEREAS, the Board of Commissioners ofthe County (the ''Board'") has previously determined
that it is in the best interest of the County to (1) refinance the County's installment payment obligations
under the Prior Contract, (2) finance various capital improvements and repairs to the County's public
works facility (the "Public Works Facility"), and (3) finance the acquisition of ce1iain real property
(collectively, the "Land'") owned by Harnett Forward Together Committee, a North Carolina nonprofit
corporation, Western Harnett Industrial Park, Inc., a North Carolina nonprofit corporation, and Emmett
Edgerton Industrial Properties, Inc., a N01ih Carolina nonprofit corporation (collectively, the ''Sellers'"),
by repaying all or a portion of the Sellers' outstanding indebtedness with respect to the Land;
PP AB 2859665v2 072015a HC BOC Page 27
WHEREAS, the Board hereby determines that it is in the best interest of the County to enter into
an Installment Financing Contract dated as of August 1, 2015 (the "Contract'') between the County and
First Bank (the "Bank'') in order to (1) refinance the County's installment payment obligations under the
Prior Contract, (2) finance various capital improvements and repairs to the Public Works Facility,
(3) finance the acquisition of the Land by repaying all or a portion of the Sellers' outstanding
indebtedness with respect to the Land and (4) pay certain costs incurred in connection with the execution
and delivery of the Contract;
WHEREAS, the Board hereby further determines that it is in the best interest of the County to
execute and deliver a Deed of Trust, Security Agreement and Fixture Filing dated as of August 1, 20 I5
(the ''Deed of Trust") to the deed of trust trustee named therein for the benefit of the Bank, granting a lien
on the County's fee simple interest in the real property on which the Agriculture Center and the Public
Works Facility are located, as more particularly described in the Deed of Trust, and the improvements
thereon, in order to secure the County's obligations under the Contract;
WHEREAS, the Board adopted a resolution on June I5, 20I5 making certain findings with respect
to the Contract, the Deed of Trust and the projects to be financed and refinanced thereby as described
above (collectively, the "Projects'');
WHEREAS, the Board conducted a public hearing on June 30, 2015 to receive public comments
on the Contract, the Deed of Trust and the Projects;
WHEREAS, the County has filed an application with the Local Government Commission of North
Carolina (the "LGC") for approval of the LGC with respect to the County entering into the Contract in an
aggregate principal amount of not to exceed $7,000,000, and the County hereby determines that all
findings, conclusions and determinations of the County in this Resolution are subject to such approval by
the LGC;
WHEREAS, there have been described to the Board the forms of the following documents
(collectively, the "Instruments"), copies of which have been made available to the Board, which the
Board proposes to approve, enter into and deliver, as applicable, to effectuate the proposed installment
financing:
(I) the Contract;
(2) the Deed of Trust; and
(3) a Purchase Agreement to be dated the date of its delivery (the "Purchase
Agreement") between the County and the Sellers, pursuant to which the County will
acquire the Land from the Sellers; and
WHEREAS, it appears that each of the Instruments is in appropriate form and is an appropriate
instrument for the purposes intended;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS:
Section I. Ratification of Prior Actions. All actions of the County, the County Manager,
the Finance Officer, the Deputy Finance Officer, the County Attorney and the Clerk to the Board and
their respective designees in effectuating the County's acquisition of the Land and the proposed financing
2
PP AB 2859665v2 072015a HC BOC Page 28
and refinancing of the Projects are hereby approved, ratified and authorized pursuant to and in accordance
with the transactions contemplated by the Instruments.
Section 2. Approval, Authorization and Execution of Contract. The County hereby
approves the financing and refinancing of the Projects in accordance with the terms of the Contract,
which will be a valid, legal and binding obligation of the County in accordance with its terms. The
County hereby approves the amount advanced by the Bank to the County pursuant to the Contract in a
principal amount not to exceed $7,000,000, such amount to be repaid by the County to the Bank as
provided in the Contract. The form, terms and content of the Contract are in all respects authorized,
approved and confirmed, and the Chairman, the County Manager and the Clerk to the Board or their
respective designees are authorized, empowered and directed, individually and collectively, to execute
and deliver the Contract for and on behalf of the County, including necessary counterparts, in
substantially the form presented to the Board, but with such changes, modifications, additions or deletions
therein as they may deem necessary, desirable or appropriate, their execution thereof to constitute
conclusive evidence of their approval of any and all such changes, modifications, additions or deletions.
From and after the execution and delivery of the Contract, the Chairman, the County Manager, the
Finance Officer, the Deputy Finance Officer and the Clerk to the Board or their respective designees are
hereby authorized, empowered and directed, individually and collectively, to do all such acts and things
and to execute all such documents as may be necessary to carry out and comply with the provisions of the
Contract as executed.
Section 3. Approval, Authorization of Deed of Trust. The form, terms and content of the
Deed of Trust are in all respects authorized, approved and confirmed, and the Chairman, the County
Manager and the Clerk to the Board or their respective designees are authorized, empowered and directed,
individually and collectively, to execute and deliver the Deed of Trust for and on behalf of the County,
including necessary counterparts, in substantially the form presented to the Board, but with such changes,
modifications, additions or deletions therein as they may deem necessary, desirable or appropriate, their
execution thereof to constitute conclusive evidence of their approval of any and all such changes,
modifications, additions or deletions. From and after the execution and delivery of the Deed of Trust, the
Chairman, the County Manager, the Finance Officer, the Deputy Finance Officer and the Clerk to the
Board or their respective designees are hereby authorized, empowered and directed, individually and
collectively, to do all such acts and things and to execute all such documents as may be necessary to carry
out and comply with the provisions of the Deed of Trust as executed.
Section 4. Approval, Authorization of the Purchase Agreement. The form, terms and
content of the Purchase Agreement are in all respects authorized, approved and confirmed, and the
Chairman, the County Manager, the Finance Officer and the Clerk to the Board or their respective
designees are authorized, empowered and directed, individually and collectively, to execute and deliver
the Purchase Agreement for and on behalf of the County, including necessary counterparts, in
substantially the form presented to the Board, but with such changes, modifications, additions or deletions
therein as they may deem necessary, desirable or appropriate, their execution thereof to constitute
conclusive evidence of their approval of any and all such changes, modifications, additions or deletions.
From and after the execution and delivery of the Purchase Agreement, the Chairman, the County
Manager, the Finance Officer and the Clerk to the Board or their respective designees are hereby
authorized, empowered and directed, individually and collectively, to do all such acts and things and to
execute all such documents as may be necessary to carry out and comply with the provisions of the
Purchase Agreement as executed
Section 5. Further Actions. The Chairman, the County Manager, the Deputy County
Manager, the Finance Officer and the Deputy Finance Officer are each hereby designated as the County's
representatives to act on behalf of the County in connection with the transactions contemplated by the
3
PP AB 2859665v2 072015a HC BOC Page 29
Instruments. The Chairman, the County Manager, the Deputy County Manager, the Finance Officer and
the Deputy Finance Officer are authorized and directed, individually and collectively, to proceed with the
acquisition of the Land and the financing and refinancing of the Projects in accordance with the terms of
the Instruments and to seek opinions on matters of law from the County Attorney, which the County
Attorney is authorized to furnish on behalf of the County, and opinions of law from such other attorneys
for all documents contemplated hereby as required by law. The Chairman, the County Manager, the
Deputy County Manager, the Finance Officer and the Deputy Finance Officer are hereby authorized to
designate one or more employees of the County to take all actions which the Chairman, the County
Manager, the Deputy County Manager, the Finance Officer or the Deputy Finance Officer is authorized to
perform under this Resolution, and the Chairman, the County Manager, the Deputy County Manager, the
Finance Officer, the Deputy Finance Officer or their designees are in all respects authorized on behalf of
the County, individually and collectively, to supply all information pertaining to the transactions
contemplated by the Instruments. The Chairman, the County Manager, the Deputy County Manager, the
Finance Officer, the Deputy Finance Officer and the Clerk to the Board are authorized, individually and
collectively, to execute and deliver for and on behalf of the County any and all additional certificates,
documents, opinions or other papers and perform all other acts as may be required by the Instruments or
as they may deem necessary or appropriate to implement and carry out the intent and purposes of this
Resolution.
Section 6. Repealer. All motions, orders, resolutions, ordinances and parts thereof in
conflict herewith are hereby repealed.
Section 7. Severability. If any section, phrase or provision of this Resolution is for any
reason declared to be invalid, such declaration will not affect the validity of the remainder of the sections,
phrases or provisions of this Resolution.
Section 8. Effective Date. This Resolution is effective on the date of its adoption.
On motion of Commissioner seconded by Commissioner
the foregoing resolution entitled "RESOLUTION OF THE BOARD OF
COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, APPROVING AN INSTALLMENT
FINANCING CONTRACT AND A DEED OF TRUST WITH RESPECT THERETO AND DELIVERY THEREOF
AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS" was duly adopted by the following vote:
AYES:
NAYS:
4
PP AB 2859665v2 072015a HC BOC Page 30
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
)
)
)
ss:
I, MARGARET REGINA WHEELER, Clerk to the Board of Commissioners of the County of Harnett,
North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled
''RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH
CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND A DEED OF TRUST WITH
RESPECT THERETO AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED
MATTERS'" adopted by the Board of Commissioners of the County of Harnett, North Carolina, at a
meeting held on the 20111 day of July, 2015.
WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the_
day of July, 2015.
PP AB 2859665v2
MARGARET REGINA WHEELER
Clerk to the Board
County of Harnett, North Carolina
072015a HC BOC Page 31
Open seats and filing fee
Filing begins July 6, 2015 at 8:00am and ends on July 17, 2015 at 12:00 noon.
Dunn and Erwin Election Day October 6, 2015 Possible Runoff November 3, 2015
$42 Dunn Mayor
$27 Dunn Commissioner Ward 1
$27 Dunn Commissioner Ward 2
$27 Dunn Commissioner Ward 3
$27 Dunn Commissioner Ward 4
$27 Dunn Commissioner Ward 5
$27 Dunn Commissioner Ward 6
$5 Erwin Commissioner Ward 2
$5 Erwin Commissioner Ward 4
$5 Erwin Commissioner Ward 6
Angier, Coats and Lillington Election Day November 3, 2015
$25 Angier Mayor
$25 Angier Commissioner Ward 2
$25 Angier Commissioner Ward 4
$23 Coats Mayor
$15 Coats Commissioner (2 seats)
$25 Lillington Commissioner (3 seats)
072015a HC BOC Page 32
Harnett County Board of Elections
Regular Meeting Notice
308 W Duncan Street
P.O. Box 356
Lillington, NC 27546
Phone: 910-893-7553
Fax: 910-893-4655
www.harnett.org
The Harnett County Board of Elections will hold its July Regular Board Meeting on Tuesday, July 21
at 12:00 noon for the purpose of swearing in Board Members. Other regular business will be
conducted after the swearing-in ceremony. The meeting will be held at the Board of Elections office,
308 W. Duncan Street, Lillington. The meeting is open to the public.
Claire Jones
Elections Director
strong roots · new growth
072015a HC BOC Page 33
INSTALLMENT FINANCING CONTRACT
BETWEEN
FIRST BANK
AND
COUNTY OF HARNETT, NORTH CAROLINA
DATED AS OF
AUGUST 1, 2015
Parker Poe Draft-07/07/15
072015a HC BOC Page 34
INSTALLMENT FINANCING CONTRACT
TABLE OF CONTENTS
(This table of contents is for reference only
and is not part of the Installment Financing Contract.)
ARTICLE I DEFINITIONS
Section 1.1. Definitions ............................................................................................................................... 2
ARTICLE II THE ADVANCE
Section 2.1 Advance .................................................................................................................................... 5
ARTICLE III INSTALLMENT PAYMENTS; ADDITIONAL PAYMENTS
Section 3 .1. Amounts and Times of Installment Payments and Additional Payments ............................. 5
Section 3.2. Place of Payments ................................................................................................................... 6
Section 3.3. Late Charges ........................................................................................................................... 6
Section 3.4. No Abatement .......................................................................................................................... 6
Section 3.5. Prepayment of the Advance .................................................................................................... 6
ARTICLE IV PROJECT FUND
Section 4.1. Project Fund; Disbursements at Closing ............................................................................... 6
Section 4.2. Investment ............................................................................................................................... 7
Section 4.3. Disbursements ......................................................................................................................... 7
ARTICLE V COVENANTS OF THE COUNTY
Section 5.1.
Section 5.2.
Section 5.3.
Section 5.4.
Section 5.5.
Section 5.6.
Section 5.7.
Section 5.8.
Section 5.9.
Section 5.10.
Section 5.11.
Section 5.12.
Care and Use ........................................................................................................................... 7
Inspection ................................................................................................................................ 8
Utilities .................................................................................................................................... 8
Taxes ....................................................................................................................................... 8
Title Insurance ........................................................................................................................ 8
Survey ...................................................................................................................................... 8
Insurance ................................................................................................................................ 8
Rating and Insurance ........................................................................................................... 10
Environmental Audit ............................................................................................................ 1 0
Risk of Loss ......................................................................................................................... 10
Performance by the Bank of the County's Responsibilities ............................................... 10
Financial Statements .......................................................................................................... 10
ARTICLE VI TITLE; LIENS
Section 6.1. Title ........................................................................................................................................ 10
Section 6.2. Liens ...................................................................................................................................... 10
ARTICLE VII DAMAGE, DESTRUCTION, AND CONDEMNATION; USE OF NET PROCEEDS
Section 7.1. Damage, Destruction or Condemnation ............................................................................... 11
Section 7.2. Obligation ofthe County to Repair and Replace the Mortgaged Property ......................... 11
Section 7.3. Insufficiency of Net Proceeds; Discharge of the Obligation of the
County To Repair the Mortgaged Property ................................................................................... 11
Section 7 .4. Cooperation of Bank ............................................................................................................. 12
ARTICLE VIII REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE COUNTY
Section 8.1. Representations, Warranties and Covenants of the County ................................................ 12
072015a HC BOC Page 35
ARTICLE IX TAX COVENANTS AND REPRESENTATIONS
Section 9 .1. Ta.-.: Covenants and Representations .................................................................................... 14
ARTICLE X lNDEMNIFIC AT! ON
Section 10.1 Indemnification .................................................................................................................... 15
ARTICLE XI DISCLAIMER OF WARRANTIES
Section 11.1. No Representations by the Bank ......................................................................................... 16
ARTICLE XII DEFAULT AND REMEDIES
Section 12.1. Definition of Event of Default ............................................................................................ 16
Section 12.2. Remedies on Default ........................................................................................................... 17
Section 12.3. Further Remedies ................................................................................................................ 18
ARTICLE XIII ASSIGNMENT
Section 13 .1. Assignment .......................................................................................................................... 18
ARTICLE XIV LIMITED OBLIGATION OF THE COUNTY
Section 14.1. Limited Obligation of the County ....................................................................................... 19
ARTICLE XV MISCELLANEOUS
Section 15.1. Notices ................................................................................................................................. 19
Section 15.2. Tin1e ..................................................................................................................................... 20
Section 15.3. If Payment or Peiformance Date not a Business Day ....................................................... 20
Section 15.4. Waiver .................................................................................................................................. 20
Section 15.5. Section Headings ................................................................................................................ 20
Section 15.6. Entire Contract .................................................................................................................... 20
Section 15.7. BindingEffect ..................................................................................................................... 20
Section 15.8. Covenants of County not Covenants of Officials Individually .......................................... 20
Section 15.9. Severability .......................................................................................................................... 21
Section 15.1 0. Governing Law .................................................................................................................. 21
Section 15 .11. Execution in Counterparts ................................................................................................ 21
PAYMENT SCHEDULE
EXHIBIT A-FORM OF REQUISITION
11
072015a HC BOC Page 36
INSTALLMENT FINANCING CONTRACT
This INSTALLMENT FINANCING CONTRACT, dated as of August 1, 2015 (this ''Contract''), is
between FIRST BANK, a North Carolina banking corporation (the ''Bank''), and its successors and assigns,
and the COUNTY OF HARNETT, NORTH CAROLINA (the "County''), a political subdivision of the State of
North Carolina (the ''State''), validly existing under and by virtue of the Constitution, statutes and laws of
the State.
PREAMBLES
WHEREAS, the County has the power, pursuant to Section 160A-20 of the General Statutes of
North Carolina, as amended, to (1) purchase real and personal property, (2) enter into installment
financing contracts in order to finance the purchase of real and personal property used, or to be used, for
public purposes, and (3) finance the construction of fixtures or improvements on real property by
contracts that create in the fixtures or improvements and in the real property on which such fixtures or
improvements are located a security interest to secure repayment of money advanced or made available
for such construction;
WHEREAS, the Board of Commissioners of the County (the ''Board'') has determined that it is in
the County's best interests to receive from the Bank the Advance in order to (1) refinance the County's
installment payment obligations under the 2005 Contract, (2) finance various capital improvements and
repairs to the Public Works Facility, (3) finance the acquisition of the Land under the terms of the
Purchase Agreement and (4) pay certain costs incurred in connection with the execution and delivery of
the Contract, in exchange for which the County will make Installment Payments and Additional Payments
on the terms set forth below;
WHEREAS, the Board has authorized, approved and directed the County's execution,
performance and delivery of this Contract by a resolution passed and adopted by the Board on
July 20, 2015 (the ''Resolution'');
WHEREAS, the Bank's execution, delivery and performance of this Contract have been
authorized, approved and directed by all necessary and appropriate action of the Bank;
WHEREAS, the County's obligation to make the Installment Payments and Additional Payments
constitutes a limited obligation of the County, payable solely from currently budgeted appropriations of
the County; does not constitute a general obligation or other indebtedness of the County within the
meaning of the Constitution of the State; and does not constitute a direct or indirect pledge of the faith
and credit or taxing power of the County within the meaning of the Constitution of the State;
WHEREAS, in order to secure the County's obligations under this Contract, the County has
executed and delivered a Deed of Trust, Security Agreement and Fixture Filing dated as of August 1,
2015 (the "Deed of Trust") to the deed of trust trustee named therein for the benefit of the Bank, creating
a lien on all of the County's right, title and interest in and to the Mortgaged Property; and
WHEREAS, no deficiency judgment may be rendered against the County in any action for breach
of a contractual obligation under this Contract, and the taxing power of the County is not and may not be
pledged in any way directly or indirectly or contingently to secure any money due under this Contract;
072015a HC BOC Page 37
NOW, THEREFORE, for and in consideration of the premises and the mutual covenants in this
Contract contained, the parties hereto agree as follows:
ARTICLE I
DEFINITIONS
Section 1.1. Definitions. The following terms have the meanings specified below unless the
context clearly requires otherwise:
''Additional Payments'' means the reasonable and customary expenses and fees of the Bank, any
expenses of the Bank in defending an action or proceeding in connection with this Contract and any taxes
or any other expenses, including, but not limited to, licenses, permits, state and local income, sales and
use or ownership taxes or property taxes which the Bank is expressly required to pay as a result of this
Contract (together with interest that may accrue thereon in the event that the County shall fail to pay the
same, as set forth in this Contract).
''Advance'' means, collectively, the Tax-Exempt Advance and the Taxable Advance.
''Agricultural Center'' means the County's agricultural center located at 126 Alexander Drive in
Lillington, North Carolina.
''Bank'' means First Bank, a North Carolina banking corporation, and its successors and assigns.
·'Board'' means the duly elected governing Board of Commissioners of the County, or any
successor to its functions.
''Business Day'' means a day other than a Saturday, Sunday or legal holiday on which the Bank,
at its principal corporate offices, is not required or authorized by law to remain closed.
"Closing Date" means August 13, 2015.
''Code'' means the Internal Revenue Code of 1986, as amended, including regulations
promulgated thereunder.
"Costs of Construction'' are deemed to include the payment of, or the reimbursement to the
County for the following items:
(1) obligations incurred or assumed for the 2015 Project in connection with
the acquisition and construction ofthe 2015 Project;
(2) the cost to construct, improve, equip and furnish the 2015 Project;
including, without limitation, the Bank's fees and expenses incurred in connection with
the delivery of the Advance to the County, fees and expenses of the LGC, if any, legal
fees and expenses, taxes, inspection costs, the cost of permit fees, filing and recording
costs and survey expenses in connection with the granting of any lien on, or security
interest in, the Mortgaged Property; and
(3) all other costs which are considered to be a part of the costs of the
construction, improvement, equipping and furnishing of the 2015 Project in accordance
with generally accepted accounting principles and which will not affect the tax status for
federal income tax purposes of the designated interest component of the Installment
072015a HC BOC Page 38
Payments payable by the County under this Contract, including sums required to
reimburse the County for advances made by the County that are properly chargeable to
the construction, improvement, equipping and furnishing of the 2015 Project.
''Costs of Issuance'' means, collectively, all items of expense, directly or indirectly payable by or
reimbursable to the County, related to the execution and delivery of this Contract, including, without
limitation, the Bank's fees and expenses incurred in connection with the delivery of the Advance to the
County, fees and expenses of the LGC, if any, legal fees and expenses, taxes, inspection costs and
recording costs and expenses in connection with the granting of the security interest in the Mortgaged
Property.
''County" means the County of Harnett, North Carolina, a political subdivision of the State,
validly existing under and by virtue of the Constitution, statutes and laws of the State, and any successor
to its functions.
''Deed of Trust" means the Deed of Trust, Security Agreement and Fixture Filing dated as of
August 1, 2015 from the County to the deed of trust trustee named therein, for the benefit of the Bank and
its successor and assignees, creating a lien in and to the Mortgaged Property, and as the same may be
amended and supplemented from time to time as provided in the Deed of Trust, all of the terms,
definitions, conditions and covenants of which are incorporated herein by reference and are made a part
of this Contract as if fully set forth herein.
''Deed of Trust Trustee'' means..__[ ____ _.], as the trustee named in the Deed of Trust, and any
successor trustee thereto.
''Event of Default' means any of the events of default as defined in Section 12.1 .
"Fiscal Year'' means a twelve-month period commencing on July I of any year and ending on
June 30 of the immediately succeeding year, or such other twelve-month period which may subsequently
be adopted as the Fiscal Year of the County.
"Installment Payment Date'' means each date that an Installment Payment is due and payable to
the Bank in accordance with the terms of this Contract.
''Installment Payments" means, collectively, the payments made by the County to the Bank as
described in Article III and in the Payment Schedule attached hereto.
"Interest Rates'' means, collectively, the Taxable Interest Rate and the Tax-Exempt Interest Rate.
"Land" means. collectively, the real property to be acquired by the County from the Sellers in
accordance with the Purchase Agreement, as more particularly described in Exhibit A to the Purchase
Agreement.
''LGC'' means the Local Government Commission of North Carolina or any successor to its
functions.
"Mortgaged Property" means, collectively, the real property located within the County on which
the Agricultural Center and the Public Works Facility are located, and all improvements thereon, as more
particularly described in Exhibit A to the Deed of Trust, as the same may be amended and supplemented
from time to time so as to add real property thereto or to release real property therefrom.
072015a HC BOC Page 39
''Net Proceeds"' means, when used with respect to any proceeds from policies of insurance or
construction bonds required under this Contract, proceeds of any condemnation award arising out of the
condemnation of all or any portion of the Mortgaged Property, or the proceeds from any sale or lease of
the Mortgaged Property pursuant to this Contract, the Deed of Trust or otherwise, the amount remaining
after deducting from the gross proceeds thereof all expenses (including, without limitation, attorneys' fees
and costs) incurred in the collection of such proceeds.
"'Payment Schedule"' means, collectively, the documents setting forth the County's Installment
Payments which are attached hereto and incorporated herein by reference.
''Projects'' means, collectively, the Tax-Exempt Projects and the Taxable Project.
"Project Fund'' means the fund ofthat name created in Article IV ofthis Contract into which the
Bank shall deposit a portion of the Advance as set forth in Section 4.2.
''Public Works Facility'' means the County's public works facility located at 200 Alexander Drive
in Lillington, North Carolina.
"'Purchase Agreement" means a Purchase Agreement dated as of July _, 2015 between the
County and the Sellers, as the same may be amended in accordance with its terms.
''Revenues"' means all revenues derived from this Contract, including all Installment Payments
and all Net Proceeds not applied to the replacement of the Mortgaged Property.
''Sellers"' means, collectively, Harnett Forward Together Committee, a North Carolina nonprofit
corporation, Western Harnett Industrial Park, Inc., a North Carolina nonprofit corporation, and Emmett
Edgerton Industrial Properties, Inc., a North Carolina nonprofit corporation, as the sellers of the Land
under the Purchase Agreement.
''State'' means the State of North Carolina.
"Tax Cert~ficate'' means the Arbitrage and Tax Regulatory Certificate dated as of the Closing
Date executed by the County with respect to the Tax-Exempt Advance.
"Tax-Exempt Advance'' means the original aggregate principal amount equal to $[Tax-Exempt]
advanced by the Bank for the purposes provided in this Contract, as such amount advanced may be
adjusted by amendment to this Contract.
"Tax-Exempt Interest Rate'' means a fixed rate of 1.49% per annum, calculated on a 30/360-day
basis.
"Tax-Exempt Projects'' means, collectively, the 2005 Projects and 2015 Project.
''Taxable Advance'' means the original aggregate principal amount equal to $[Taxable] advanced
by the Bank for the purposes provided in this Contract, as such amount advanced may be adjusted by
amendment to this Contract.
''Taxable Interest Rate'' means a fixed rate of 2.42% per annum, calculated on a 30/360-day basis.
''Taxable Project'' means the acquisition of the Land.
072015a HC BOC Page 40
·'Title Policy"' means the policy of title insurance issued by Chicago Title Insurance Company in
connection with the Mortgaged Property.
··2005 Contract' means an Installment Financing Contract dated as of January 15. 2005 between
the County and Bank of America, N.A.
·'2005 Projects'" means the acquisition, construction. renovation, equipping and furnishing of the
Agricultural Center and the County's Animal Control Center, all or a portion of which was financed with
proceeds of the 2005 Contract.
''201 5 Project'" means certain improvements and repairs to the Public Works Facility to be
financed with proceeds of the Tax-Exempt Advance.
[END OF ARTICLE I]
ARTICLE II
THE ADVANCE
Section 2.1 Advance. The Bank hereby makes an advance to the County of the Advance, and
the County hereby accepts from the Bank the Advance to be applied in accordance with the terms and
conditions of this Contract.
The County will use ( 1) the proceeds of the Taxable Advance to finance the acquisition of the
Land and to pay certain costs incurred in connection with the execution and delivery of this Contract; and
(2) the proceeds of the Tax-Exempt Advance to finance and refinance the Tax-Exempt Projects and to pay
certain costs incurred in connection with the execution and delivery of this Contract, in each case in
accordance with the Tax Certificate.
[END OF ARTICLE II]
ARTICLE III
INSTALLMENT PAYMENTS; ADDITIONAL PAYMENTS
Section 3.1. Amounts and Times of Installment Payments and Additional Payments.
(a) Subject to the provisions of Article XV, the County shall repay each Advance in
Installment Payments consisting of an interest component and a principal component, as applicable, on
each Installment Payment Date in the amounts set forth in this Contract and the Payment Schedule
attached to this Contract. The County hereby approves (1) the Tax-Exempt Advance by the Bank to the
County pursuant to this Contract in the amount of $[Tax-Exempt Advance], to be repaid by the County in
Installment Payments at an interest rate per annum equal to the Tax-Exempt Interest Rate, and (2) the
Taxable Advance by the Bank to the County pursuant to this Contract in the amount of $[Taxable
Advance], to be repaid by the County in Installment Payments at an interest rate per annum equal to the
Taxable Interest Rate.
(b) Each Installment Payment shall be paid in the amounts and at the times set forth in the
attached Payment Schedule, except as otherwise provided in this Contract. If an Installment Payment is
due on any day which is not a Business Day, such Installment Payment shall be due on the next
072015a HC BOC Page 41
succeeding Business Day, and the County shall make such Installment Payment on such Business Day
with no additional interest due thereon. Installment Payments shall be sufficient in the aggregate to repay
the principal amount of each Advance, together with interest thereon, as the same shall become due and
payable. The County shall pay any Additional Payments on a timely basis directly to the person or entity
to which such Additional Payments are owed. All payments shall be made in lawful currency of the
United States.
Section 3.2. Place of Payments. All payments required to be made to the Bank hereunder
shall be made to the Bank (1) at the address set forth in Section 15.1 in immediately available funds,
(2) as wire transfers to the Bank on the payable date as directed by the Bank or (3) as may be otherwise
directed in writing by the Bank.
Section 3.3. Late Charges. An Installment Payment that is not paid within 30 days of the due
date thereof is subject to a late payment charge of 4% of the amount of the past due Installment Payment.
Interest with respect to the principal component of such unpaid Installment Payment shall continue to
accrue at the Interest Rate until paid.
Section 3.4. No Abatement. There will be no abatement or reduction of the Installment
Payments or Additional Payments by the County for any reason, including but not limited to, any failure
by the County to appropriate sufficient funds for the payment of the Installment Payments or Additional
Payments, any defense, recoupment, setoff, counterclaims or any claim (real or imaginary) arising out of
or related to the Mortgaged Property or the Projects. The County assumes and shall bear the entire risk of
loss and damage to the Projects from any cause whatsoever, it being the intention of the parties that the
Installment Payments shall be made in all events unless the obligation to make such Installment Payments
is terminated as otherwise provided herein.
Section 3.5. Prepayment of the Advance.
(a) The County may prepay, in whole or in part, the principal components of the Installment
Payments then outstanding with respect to either Advance on any Business Day, together with accrued
interest thereon to the date of prepayment, at a prepayment price of 100% of such principal amount
prepaid.
(b) If the principal components of the Installment Payments then outstanding with respect to
either Advance are prepaid in part, such prepayment shall be deemed a prepayment on the principal
components of the Installment Payments then outstanding with respect to such Advance in inverse order
of maturity, and the Payment Schedule shall be recalculated as necessary by the Bank in order to reflect
such reduction.
Section 4.1.
[END OF ARTICLE Ill)
ARTICLE IV
PROJECT FUND
Project Fund; Disbursements at Closing.
(a) There is hereby created (1) a separate fund to be held by the County designated as the
''Harnett County 2015 Installment Financing Project Fund,'' and (2) within such Project Fund, a separate
072015a HC BOC Page 42
account designated as the ''Tax-Exempt Account'' and a separate account designated as the ''Taxable
Account.''
(b) On the Closing Date, the Bank will cause the Advance to be disbursed as set forth below
and in accordance with separate written instructions to be provided by the County to the Bank prior to the
Closing Date:
(1) $[Land Amount] of the Taxable Advance shall be transferred and applied
as set forth in Exhibit B to the Purchase Agreement in connection with the acquisition of
the Land;
(2) $[BoA Amount] of the Tax-Exempt Advance shall be transferred to
Bank of America, N.A. to refinance the County's obligations under the 2005 Contract;
(3) $[Taxable Balance], representing the balance of the Taxable Advance,
shall be transferred to the County for deposit in the Taxable Account of the Project Fund;
and
(4) $[Tax-Exempt Balance], representing the balance of the Tax-Exempt
Advance, shall be transferred to the County for deposit in the Tax-Exempt Account of the
Project Fund.
Section 4.2. Investment. The County shall invest and reinvest the money, and any interest
thereon, held in the Project Fund as permitted under Section 159-30 of the General Statutes of North
Carolina, as amended.
Section 4.3. Disbursements.
(a) The County shall use money held in the Taxable Account of the Project Fund solely to
pay Costs of Issuance attributable to the Taxable Advance. Any funds remaining in the Taxable Account
of the Project Fund as of December 1, 2015 shall be applied to the interest component of the Installment
Payment due with respect to the Taxable Advance on such date.
(b) The County shall use money held in the Tax-Exempt Account of the Project Fund solely
to pay Costs of Construction and Costs of Issuance attributable to the Tax-Exempt Advance. Any funds
remaining in the Tax-Exempt Account ofthe Project Fund as of December 1, 2015 shall be applied to the
interest component of the Installment Payment due with respect to the Tax-Exempt Advance on such date.
[END OF ARTICLE IV]
ARTICLEV
COVENANTS OF THE COUNTY
Section 5.1. Care and Use. The County shall use, and shall cause the use of, the Mortgaged
Property in a careful and proper manner, in compliance with all applicable laws and regulations, and, at
its sole cost and expense, shall service, repair and maintain the Mortgaged Property so as to keep the
Mortgaged Property in good condition, repair, appearance and working order for the purposes intended,
ordinary wear and tear excepted, and shall replace any part of the Mortgaged Property as may from time
to time become worn out, unfit for use, lost, stolen, destroyed or damaged. Any and all additions to or
replacements of the Mortgaged Property and all parts thereof shall constitute accessions to the Mortgaged
072015a HC BOC Page 43
Property and shall be subject to all the terms and conditions of this Contract and included in the term
"Mortgaged Property'' as used in this Contract.
Section 5.2. Inspection. The Bank has the right upon reasonable prior notice to the County to
enter into and upon the Mortgaged Property to inspect the Mortgaged Property and observe the use of the
Mortgaged Property during normal business hours.
Section 5.3. Utilities. The County shall pay all charges for gas, water, steam, electricity,
light, heat or power, telephone or other utility services furnished to or used on or in connection with the
Mortgaged Property. There shall be no abatement ofthe Installment Payments on account of interruption
of any such services.
Section 5.4. Taxes. The County agrees to pay when due any and all taxes relating to the
Mortgaged Property and the County's obligations under this Contract including, but not limited to, all
license or registration fees, gross receipts tax, sales and use tax, if applicable, license fees, documentary
stamp taxes, rental taxes, assessments, charges, ad valorem taxes, excise taxes, and all other taxes,
licensees and charges imposed on the ownership, possession or use of the Mortgaged Property by any
governmental body or agency, together with any interest and penalties.
Section 5.5. Title Insurance. The County agrees to obtain, at its own cost and expense, a
Title Policy, or an endorsement to such Title Policy, in form satisfactory to the Bank, at the time of and
dated as of the Closing Date, in an amount acceptable to the Bank related to the Mortgaged Property,
payable to the Bank, as its interest may appear, insuring the County's interest in the Mortgaged Property,
issued by a title insurance company qualified to do business in the State.
Section 5.6. Survey. Prior to the Closing Date, the County shall provide surveys covering the
Mortgaged Property containing such information and detail as the title insurance company may require to
delete the standard survey exception from the Title Policy delivered pursuant to Section 5.5
Section 5.7. Insurance. The County shall maintain, or cause to be maintained, at its own
expense, except as hereinafter provided, insurance with respect to its property and business against such
casualties and contingencies in amounts not less than is customary in similar activities and similarly
situated. Without limiting the foregoing, the County shall maintain, or cause to be maintained, except as
hereinafter provided, the following insurance:
(a) Insurance against loss and/or damage to the Mortgaged Property under a
policy or policies covering such risks as are ordinarily insured against by similar
facilities, including without limiting the generality of the foregoing, fire, lightning,
windstorm, windblown rain, hail, explosion, riot, riot attending a strike, civil commotion,
damage from aircraft, smoke and uniform standard extended coverage and vandalism and
malicious mischief endorsements, war risk (to the extent obtainable from an agency of
the United States Government). Such insurance policy shall be in an amount not less
than the lesser of (1) the full replacement cost of the Mortgaged Property, or (2) the
prepayment price of all outstanding Installment Payments; provided, however, that no
such insurance policy may have a deductible amount of more than $100,000. No such
insurance policy shall be written such that the proceeds thereof will produce less than the
minimum coverage required by the preceding sentence, by reason of co-insurance
provisions or otherwise, without the prior written consent thereto by the Bank. The term
"full replacement cost" shall mean the actual replacement cost of the Mortgaged Property
(excluding foundation and excavation costs and costs of underground flues, pipes, drains
and other uninsurable items), without deduction for physical depreciation, and shall be
072015a HC BOC Page 44
determined once every three years by an insurance consultant, in any case, selected and
paid for by the County. Each such policy shall contain a replacement cost endorsement.
(b) Comprehensive general liability insurance protecting the County and the
Bank as their respective interests may appear, against liability for injuries to persons
and/or property, occurring on, in or about the Mortgaged Property, in the minimum
amount of $100,000 liability to any one person for property damage, $1,000,000 liability
for personal injury for any one occurrence and an aggregate annual liability limit of not
less than $2,000,000, with a deductible amount of not more than $100,000.
(c) Workers' compensation insurance respecting all employees of the
County working at the Mortgaged Property in such amount as is customarily carried by
like organizations engaged in like activities of comparable size and liability exposure;
provided, however, that the County may be self-insured with respect to all or any part of
its liability for workers' compensation.
(d) During the course of any construction or repair of improvements on the
Mmigaged Property, builder's risk insurance, covering the total value of work performed
and equipment, supplies and materials furnished in connection with such construction or
repair of the improvements.
(e) National flood insurance, if applicable, in an amount acceptable to the
Bank.
Each insurance policy obtained pursuant to this Section shall ( 1) be issued by a generally
recognized and responsible insurance company qualified under the laws of the State to assume the risks
covered by such policy, (2) name the Bank and the County as either an insured or a loss payee, as their
respective interests may appear, (3) with respect to the policies contained in paragraphs (a) and (d) above,
contain standard mortgagee clauses naming the Bank as mortgagee, and (4) unless unavailable from the
insurer, provide that such policy shall not be cancelled or modified in any way adverse to any insured
party without at least 30 days' prior written notice to each insured party named therein. The County shall
have the right to receive the proceeds from any insurance maintained pursuant to this Section, subject,
however, to the limitations of this Article.
All such policies shall be deposited with the Bank provided that in lieu of such insurance policies
there may be deposited with the Bank a certificate or certificates of the County attesting the fact that the
insurance required by this Section is in full force and effect. Prior to the expiration of any such policy,
the County shall furnish the Bank evidence satisfactory to the Bank that such insurance policy has been
renewed or replaced or is no longer required by this Contract.
In lieu of separate insurance policies, the County may maintain blanket or umbrella insurance
policies if such policies provide the same coverage required by this Section with protection against each
risk not reducible by claims for other risks to amounts less than that specified in this Section and the
County deposits with the Bank a certificate or certificates of the respective insurers evidencing such
coverage and stating, as required, the amount of coverage with respect to the Mortgaged Property or any
part thereof.
In lieu of policies of insurance written by commercial insurance companies meeting the
requirements of this Section, the County may maintain a program of self-insurance or participate in group
risk financing programs, risk pools, risk retention groups, purchasing groups and captive insurance
companies, and in state or federal insurance programs.
072015a HC BOC Page 45
Section 5.8. Rating and Insurance. The Bank reserves the right to have this transaction rated
and/or insured by a qualified rating agency and/or insurer at any time during the term of this Contract.
The County agrees to cooperate with the Bank and the agency/insurer in providing any requested
financial or non-financial information that may be material to obtaining the rating/insurance.
Section 5.9. Environmental Audit. The County shall provide, as may be required by the
Bank, either a Phase I Environmental Audit or a completed environmental questionnaire on the Bank's
form on the real property on which the Mortgaged Property is located prior to the Closing Date.
Section 5.1 0. Risk of Loss. The County shall bear all risk of loss or damage to and
condemnation of the Mortgaged Property.
Section 5 .11. Performance by the Bank of the County's Responsibilities. Any performance
required of the County or any payments required to be made by the County may, if not timely performed
or paid, be performed or paid by the Bank, and, in such event, the Bank shall be immediately reimbursed
by the County for such payments or other performance by the Bank, with interest thereon at a rate equal
to the Interest Rate applied to determine the interest component of Installment Payments.
Section 5.12. Financial Statements. The County agrees that it will furnish the Bank current
audited financial statements within 210 days of the end of each Fiscal Year, canying an unqualified
opinion of a certified public accountant and prepared in accordance with generally accepted accounting
principles and presented on a consistent basis. The County shall also promptly furnish the Bank any
interim financial statements as the Bank may reasonably request from time to time. The County
represents and warrants to the Bank that all financial statements which have been delivered to the Bank in
connection with this Contract fairly and accurately reflected the County's financial condition as of the
date delivered, and there has been no material adverse change in the County's financial condition as
reflected in the most recent financial statement since the date thereof.
[END OF ARTICLE V]
ARTICLE VI
TITLE; LIENS
Section 6.1. Title. Title to the Mortgaged Property and any and all additions, repmrs,
replacements or modifications thereto shall be in the County from and after the Closing Date. On the
Closing Date, the Deed of Trust will be in full force and effect and no events of default shall have
occurred thereunder. On payment or provision for payment in full of all of the County's obligations
hereunder, including the principal components of the Installment Payments then outstanding and all other
payments due hereunder, the Bank or its assignee, at the County's expense and request, shall cancel the
Deed ofTrust and this Contract will terminate.
Section 6.2. Liens. The County shall not directly or indirectly create, incur, assume or suffer
to exist any mortgage, pledge, lien, charge, security interest, encumbrance or claim on or with respect to
the Mortgaged Property or any interest in therein, except for: (1) the lien and security interest of the Bank
in the Mortgaged Property; (2) utility, access and other easements and rights of way, restrictions and
exceptions which do not interfere with or impair the intended use of the Mortgaged Property; (3) any
permitted encumbrances as described in Exhibit B to the Deed of Trust; and ( 4) such minor defects,
irregularities, encumbrances and clouds on title as normally exist with respect to property of the general
character of the Mortgaged Property and as do not materially impair title thereto or the ability of the
County to construct and operate the improvements thereon. The County shall promptly, at its own
expense, take such action as may be necessary duly to discharge any such mortgage, pledge, lien, security
072015a HC BOC Page 46
interest, charge, encumbrance or claim if the same shall arise at any time. The County shall reimburse the
Bank for any expense incurred by the Bank in order to discharge or remove any such mortgage, pledge,
lien, security interest, charge, encumbrance or claim.
[END OF ARTICLE VI]
ARTICLE VII
DAMAGE, DESTRUCTION, AND CONDEMNATION;
USE OF NET PROCEEDS
Section 7.1. Damage, Destruction or Condemnation. If, during the tenn of this Contract,
(1) the Mortgaged Property or any portion of the Mortgaged Property is destroyed, or is damaged by fire
or other casualty; (2) title to or the temporary or permanent use of the Mortgaged Property or any portion
thereof or the estate of the County or the Bank or its assignee in the Mortgaged Property or any portion
thereof is taken under the power of eminent domain by any governmental authority; (3) a material defect
in construction of the Mortgaged Property becomes apparent; or (4) title to or the use of all or any portion
of the Mortgaged Property is lost by reason of a defect in title thereto, the County shall continue to be
obligated, subject to the provisions of Section 7.2, to pay the amounts specified in Section 3.1 at the
respective times required.
Section 7.2. Obligation of the County to Repair and Replace the Mortgaged Property.
Subject to the provisions of Section 7.3, the Net Proceeds of any insurance policies, performance bonds,
condemnation awards or Net Proceeds made available by reason of any occurrence described in
Sections 6.7(a) or 8.1, shall be applied to the prompt repair, restoration, modification, improvement or
replacement of the damaged or destroyed Mortgaged Property. Any repair, restoration, modification,
improvement or replacement paid for in whole or in part out of such Net Proceeds shall be the property of
the County, subject, if located on the Mortgaged Property, to the Deed of Trust, and shall be included as
part of the Mortgaged Property under this Contract.
Section 7.3. Insufficiency of Net Proceeds; Discharge of the Obligation of the County To
Repair the Mortgaged Property. If the Net Proceeds (plus any amount withheld therefrom by reason of
any deductible clause) are insufficient to pay in full the cost of any repair, restoration, modification,
improvement or replacement of the Mortgaged Property as required under Section 7 .2, the County may
elect to proceed under either of the following options:
(a) The County may complete the work and pay any cost in excess of the
amount of the Net Proceeds, and the County agrees that, if by reason of any such
insufficiency of the Net Proceeds, the County shall make any payments pursuant to this
Section, the County is not entitled to any reimbursement therefor from the Bank nor is the
County entitled to any diminution ofthe amounts payable under Section 3.1; or
(b) The obligation of the County to repair or replace the Mortgaged Property
under Section 7.2 may be discharged by causing the Net Proceeds of such insurance
policies, performance bonds or condemnation awards to be applied to the prepayment of
all or any part of the then outstanding principal component of the Installment Payments in
accordance with Section 3.5. If the Net Proceeds exceed the amount necessary to prepay
the then outstanding principal component of the Installment Payments, such excess shall
be paid to or retained by the County.
072015a HC BOC Page 47
Within 120 days of the occurrence of an event specified in Section 7.1, the County shall
commence the repair, restoration, modification, improvement or replacement of the Mortgaged Property,
or shall elect, by written notice to the Bank, to proceed under the provisions of paragraph (b) above. For
purposes of this Section, ''commence'' shall include the retention of an architect or engineer in anticipation
of repair, restoration, modification, improvement or replacement of the Mortgaged Property.
Section 7 .4. Cooperation of Bank. The Bank shall cooperate fully with the County in filing
any proof of loss with respect to any insurance policy covering the events described in Section 7.1. In no
event shall the Bank or the County voluntarily settle, or consent to the settlement of, any proceeding
arising out of any insurance claim with respect to the Mortgaged Property without the written consent of
the other.
[END OF ARTICLE VII]
ARTICLE VIII
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE COUNTY
Section 8.1. Representations, Warranties and Covenants of the County. The County
represents, warrants and covenants to and with the Bank (all such representations, warranties and
covenants to be continuing) that:
(a) The County is a political subdivision of the State, validly organized and
existing under the laws of the State and has all powers necessary to enter into the
transactions contemplated by this Contract and the Deed of Trust and to carry out its
obligations hereunder;
(b) The County agrees that during the term of this Contract, it will take no
action that would adversely affect its existence as a political subdivision in good standing
in the State, cause the County to be consolidated with or merge into another political
subdivision of the State or permit one or more other political subdivisions of the State to
consolidate with or merge into it, unless the County is the surviving entity or the entity
created thereby expressly assumes in writing the County's obligations hereunder;
(c) This Contract, the Deed of Trust and all other documents relating hereto
and thereto, and the performance of the County's obligations hereunder and thereunder,
have been duly and validly authorized, executed and delivered by the County and
approved under all laws, regulations and procedures applicable to the County including,
but not limited to, compliance with public meeting and bidding requirements and the
transactions contemplated by this Contract and all other documents related thereto
constitute a public purpose for which public funds may be expended pursuant to the
Constitution and the laws of the State, and, assuming the due authorization, execution and
delivery hereof and thereof by the other parties hereto and thereto, constitute valid, legal
and binding obligations of the County, enforceable in accordance with their respective
terms, subject to bankruptcy, insolvency and other laws affecting the enforcement of
creditors' rights generally and such principles of equity as a court having proper
jurisdiction may impose;
(d) Neither the execution and delivery of this Contract or the Deed of Trust
or the consummation of the transactions contemplated hereby or thereby, nor the
072015a HC BOC Page 48
fulfillment of or compliance with the terms and conditions hereof or thereof conflicts
with or results in a breach of the terms, conditions, or provisions of any restriction or any
agreement or instrument to which the County is now a party or by which the County is
bound or constitutes a default under any of the foregoing, nor conflicts with or results in a
violation of any provision of applicable law or regulation governing the County and no
representation, covenant and warranty in this Contract is false, misleading or erroneous in
any material respect;
(e) There is no action, suit, proceeding or investigation at law or in equity
before or by any court, public board or body pending or, to the best of the County's
knowledge, threatened, against or affecting the County challenging the validity or
enforceability of this Contract, the Deed of Trust or any other documents relating hereto
and the performance of the County's obligations hereunder and thereunder, and
compliance with the provisions hereof or thereof, under the circumstances contemplated
hereby or thereby, does not and will not in any material respect conflict with, constitute
on the part of the County a breach of or default under, or result in the creation of a lien or
other encumbrance on any property of the County (except as contemplated herein or
therein) pursuant to any agreement or other instrument to which the County is a party, or
any existing law, regulation, court order or consent decree to which the County is subject;
(f) The estimated costs to finance and refinance the Projects are not less than
$[Amount] and, other than building permits or other procedural requirements which are a
prerequisite to the construction of the 2015 Project and the approval of the LGC, which
approval has been obtained, no approval or consent is required from any governmental
authority with respect to the County's execution, delivery or performance by the County
of this Contract, the Deed of Trust and all other documents related hereto and thereto and
the transactions contemplated hereby and thereby or if such approval is required, such
approval has been duly obtained;
(g) The funds in each account of the Project Fund and any investment
earnings thereon will be used only for the purposes permitted in Article IV, and the funds
in the Tax-Exempt Account of the Project Fund and any investment earnings thereon will
be used only as permitted in the Tax Certificate;
(h) There are no liens or encumbrances on the Mortgaged Property other
than the lien created by this Contract, the Deed of Trust and the other liens permitted
thereby;
(i) The resolutions relating to the performance by the County of this
Contract, the Deed of Trust and the transactions contemplated hereby and thereby, have
been duly adopted, are in full force and effect, and have not been in any respect modified,
revoked or rescinded;
(j) The Projects permit the County to carry out its public functions that it is
authorized and required by law to perform;
(k) The County reasonably believes sufficient funds will be available to
satisfy all of its obligations hereunder;
(1) The County shall (1) cause its County Manager to include the Installment
Payments coming due in any Fiscal Year in the corresponding annual budget request and
072015a HC BOC Page 49
shall require the County Manager to use his or her best efforts to obtain an appropriation
therefor and (2) require that the deletion of such funds from the County's final budget be
made only pursuant to an express resolution of the Board which explains the reason for
such action. This covenant on the part of the County contained in this subsection shall be
deemed to be and shall be construed to impose by law ministerial duties and it shall be
the duty of each and every public official of the County to take such action and do such
things as are required by law in the performance of the official duty of such officials to
enable the County to carry out and perform the covenant in this subparagraph and the
agreements in this Contract to be carried out and performed by the County; provided,
however, that nothing contained in this subsection shall obligate the County to so
appropriate the funds included in such proposed budget;
(m) Funds appropriated by the County to make Installment Payments due in
any Fiscal Year shall be used for no other purpose;
(n) The County agrees that during the term of this Contract, it will maintain
the appropriate insurance required pursuant to this Contract and the Deed of Trust; and
(o) The County has or will have good and marketable title to the Mortgaged
Property.
[END OF ARTICLE VIII)
ARTICLE IX
TAX COVENANTS AND REPRESENTATIONS
Section 9.1. Tax Covenants and Representations.
(a) The County covenants that it will not take any action, or fail to take any action, if any
such action or failure to take such action would adversely affect the exclusion from gross income of the
interest portion of the obligations with respect to the Tax-Exempt Advance created by this Contract for
federal income tax purposes. The County will not directly or indirectly use or permit the use of any
proceeds of the Tax-Exempt Advance or the Tax-Exempt Account of the Project Fund or any funds of the
County, or take or omit to take any action that would cause the obligations with respect to the Tax-
Exempt Advance created by this Contract to be an "arbitrage boner within the meaning of Section 148(a)
of the Code. The County will maintain books on which will be recorded (1) the Bank, or (2) any assignee
of the Installment Payments due with respect to the Tax-Exempt Advance under this Contract, as the
registered owner of such Installment Payments. To that end, the County has executed and delivered the
Tax Certificate with respect to the Tax-Exempt Advance and will comply with all of the requirements of
Section 148 of the Code to the extent applicable. The County further covenants that this Contract, as it
relates to the Tax-Exempt Advance, is not a "private activity bond" as defined in Section 141 of the Code.
(b) Without limiting the generality of the foregoing, the County agrees that there shall be
paid from time to time all amounts required to be rebated to the United States of America pursuant to
Section 148(f) of the Code and any temporary, proposed or final Treasury Regulations as may be
applicable to the obligation with respect to the Tax-Exempt Advance created under this Contract from
time to time. This covenant shall survive the termination of this Contract for any reason.
072015a HC BOC Page 50
(c) The County acknowledges that the Bank is advancing the Tax-Exempt Advance at the
Tax-Exempt Interest Rate based on the premise that the interest components of the Installment Payments
with respect to the Tax-Exempt Advance received under this Contract is exempt from federal and State
taxation and based upon other State and federal laws in effect as of the Closing Date. If, as a result of any
action or failure to take any action by the County, the interest received by the Bank hereunder with
respect to the Tax-Exempt Advance shall be deemed to be taxable income to the Bank by any
governmental agency or court of competent jurisdiction, then the Tax-Exempt Interest Rate and remaining
interest components of the Installment Payments with respect to the Tax-Exempt Advance will be
adjusted upward in order to provide for the payment of interest by the County at a taxable rate which will
preserve the Bank's after-tax economic yield with respect to the obligations with respect to the Tax-
Exempt Advance created by this Contract. In such event, the County agrees to indemnify and hold
harmless the Bank from any cost and expense incurred as a result of the loss of the tax -exempt status of
the obligation with respect to the Tax-Exempt Advance created by this Contract, specifically including
without limitation all administrative expenses arising in connection with the amendment of the Bank's
income tax returns.
The County agrees to give prompt written notice to the Bank on the County's receipt of any oral
or written notice or determination from any source whatsoever to the effect that the interest received by
the Bank with respect to the Tax-Exempt Advance will be deemed to be taxable income to the Bank.
(d) Notwithstanding any provision in this Contract to the contrary, if the County shall
provide to the Bank an opinion of nationally recognized bond counsel reasonably acceptable to the Bank
to the effect that any action required under this Article is no longer required, or to the effect that some
further action is required, to maintain the tax-exempt status of the County's obligations with respect to the
Tax-Exempt Advance, the County and the Bank may rely conclusively on such opinion in complying
with the provisions of this Article.
[END OF ARTICLE IX]
ARTICLE X
INDEMNIFICATION
Section 10.1 Indemnification. To the fullest extent permitted by applicable law, the County
hereby agrees to indemnify, protect and save the LGC, the Bank and their respective officers, employees,
directors, members and agents harmless from all liabilities, obligations, losses, claims, damages, actions,
suits, proceedings, costs and expenses, including reasonable attorneys' fees that (I) arise in tort, in
contract, under 42 U.S. Code §1983 or under the public bidding laws of the State or (2) arise out of, are
connected with, or result, directly or indirectly, from the Projects or any portion thereof, including,
without limitation, the manufacture, selection, acquisition, delivery, possession, condition, construction,
improvement, environmental or other condition, lease, use operation or return of the Projects or any
portion thereof. The indemnification arising under this Article shall continue in full force and effect
notwithstanding the payment in full of all of the obligations under this Contract.
072015a HC BOC Page 51
[END OF ARTICLE X]
ARTICLE XI
DISCLAIMER OF WARRANTIES
Section 11.1. No Representations by the Bank. The County acknowledges and agrees that the
designs for the Projects, if applicable, have not been made by the Bank, and the Bank has not supplied
any plans or specifications with respect thereto and that the Bank (a) is not a manufacturer of, nor a dealer
in, any of the component parts of the Projects or similar projects; (b) has not made any recommendation,
given any advice nor taken any other action with respect to (i) the choice of any supplier, vendor or
designer of, or any other contractor with respect to, the Projects or any component part thereof or any
property or rights relating thereto, or (ii) any action taken or to be taken with respect to the Projects or any
component part thereof or any property or rights relating thereto at any stage of the construction thereof;
(c) has not at any time had physical possession of the Projects or any component part thereof or made any
inspection thereof or any property or rights relating thereto; and (d) has not made any warranty or other
representation, express or implied, that the Projects or any component part thereof or any property or
rights relating thereto (i) will not result in or cause injury or damage to persons or property, (ii) has been
or will be properly designed, or will accomplish the result which the County intends therefor, or (iii) is
safe in any manner or respect.
Section 11.2. Disclaimer by the Bank. THE BANK MAKES NO EXPRESS OR IMPLIED
WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER WITH RESPECT TO THE PROJECTS OF ANY
COMPONENT PART THEREOF TO THE COUNTY OR IN REGARD TO ANY OTHER CIRCUMSTANCE
WHATSOEVER WITH RESPECT THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR
REPRESENTATIONS WITH RESPECT TO: THE MERCHANT ABILITY OR THE FITNESS OR SUIT ABILITY THEREOF
FOR ANY PURPOSE; THE DESIGN OR CONDITION THEREOF; THE SAFETY, WORKMANSHIP OR QUALITY
THEREOF; COMPLIANCE THEREOF WITH THE REQUIREMENTS OF ANY LAW, RULE, SPECIFICATION OR
CONTRACT PERTAINING THERETO; ANY LATENT DEFECT; THE TITLE TO OR INTEREST OF THE BANK
THEREIN; THE ABILITY THEREOF TO PERFORM ANY FUNCTION; THAT THE ADVANCE WILL BE SUFFICIENT
(TOGETHER WITH ANY OTHER AVAILABLE FUNDS OF THE COUNTY) TO PAY THE COST OF FINANCING AND
REFINANCING THE PROJECTS; OR ANY OTHER CHARACTERISTICS OF THE PROJECTS, IT BEING AGREED
THAT ALL RISKS RELATING TO THE PROJECTS, THE COMPLETION THEREOF OR THE TRANSACTIONS
CONTEMPLATED HEREBY ARE TO BE BORNE BY THE COUNTY AND THE BENEFITS OF ANY AND ALL
IMPLIED WARRANTIES AND REPRESENTATIONS OF THE BANK ARE HEREBY WAIVED BY THE COUNTY.
[END OF ARTICLE XI]
ARTICLE XII
DEFAULT AND REMEDIES
Section 12.1. Definition of Event of Default. The County shall be deemed to be in default
hereunder on the happening of any of the following events of default (each, an "Event of Default'):
(a) The County fails to pay any Installment Payment or Additional Payment
when due;
072015a HC BOC Page 52
(b) The County fails to budget and appropriate money sufficient to pay all
Installment Payments and the reasonably estimated Additional Payments coming due in
the following Fiscal Year of the County;
(c) The County deletes from its duly adopted budget any appropriation for
the purposes specified in clause (b) above;
(d) The County fails to perform or observe any term, condition or covenant
of this Contract on its part to be observed or performed, other than as referred to in
clauses (a), (b) or (c) above, or of the Deed of Trust on its part to be observed or
performed, or breaches any warranty by the County herein or therein contained, for a
period of 30 days after written notice specifying such failure and requesting that it be
remedied has been given to the County by the Bank, unless the Bank shall agree in
writing to an extension of such time prior to its expiration;
(e) Any bankruptcy, insolvency or reorganization proceedings or similar
litigation, is instituted by the County, or a receiver, custodian or similar officer is
appointed for the County or any of its property, and such proceedings or appointments
are not vacated or fully stayed within 90 days after the institution or occurrence thereof;
(f) Any representation, warranty or statement made by the County herein, in
the Deed of Trust or in any other document executed or delivered in connection herewith
or therewith is found to be incorrect or misleading in any material respect on the date
made; or
(g) An attachment, levy or execution is levied on or against any portion of
the Mortgaged Property.
Section 12.2. Remedies on Default. On the occurrence of any Event of Default, the Bank may
exercise any one or more of the following remedies as the Bank, in its sole discretion, shall elect:
(a) Declare the unpaid portion of the then outstanding principal components
of the Installment Payments immediately due and payable, without notice or demand to
the County;
(b) Proceed by appropriate court action to enforce the performance by the
County of the applicable covenants of this Contract or to recover for any breach thereof;
(c) Exercise or direct the Deed of Trust Trustee to exercise all the rights and
remedies of a secured party or creditor under the Uniform Commercial Code ofthe State
and the general laws of the State with respect to the enforcement of the security interest
granted or reserved hereunder and under the Deed of Trust including, without limitation,
to the extent permitted by law, re-enter and take possession of the Mortgaged Property
without any court order or other process of law and without liability for entering the
premises and to sell, lease, sublease or make other disposition of the same in a
commercially reasonable manner for the account of the County, and apply the proceeds
of any such sale, lease, sublease or other disposition, after deducting all costs and
expenses, including cowi costs and attorneys' fees, incurred with the recovery, repair,
storage and other sale, lease, sublease or other disposition, toward the balance due under
this Contract and, thereafter, to pay any remaining proceeds to the County;
072015a HC BOC Page 53
(d) Enforce its security interest in the Mortgaged Property or direct the Deed
of Trust Trustee to institute foreclosure proceedings under the Deed of Trust and sell the
Mortgaged Property; or
(e) Pursue any other remedy available at law or equity to the Bank.
NOTWITHSTANDING ANY OTHER PROVISIONS HEREIN, IT IS THE INTENT OF THE PARTIES HERETO
TO COMPLY WJTH SECTION 160A-20 OF THE GENERAL STATUTES OF NORTH CAROLINA, AS AMENDED.
NO DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST THE COUNTY IN FAVOR OF THE BANK IN
VIOLATION OF SECTION 160A-20 OF THE GENERAL STATUTES OF NORTH CAROLINA, AS AMENDED,
INCLUDING, WITHOUT LIMITATION, ANY DEFICIENCY JUDGMENT FOR AMOUNTS THAT MAY BE OWED
HEREUNDER WHEN THE SALE OF ALL OR ANY PORTION OF THE MORTGAGED PROPERTY IS INSUFFICIENT
TO PRODUCE ENOUGH MONEY TO PAY IN FULL ALL REMAINING OBLIGATIONS UNDER THIS CONTRACT.
Section 12.3. Further Remedies. This Contract shall remain in full force and effect and the
County shall be and remain liable for the full performance of all its obligations under this Contract. All
remedies of the Bank are cumulative and may be exercised concurrently or separately. The exercise of
any one remedy shall not be deemed an election of such remedy or preclude the exercise of any other
remedy.
[END OF ARTICLE XII]
ARTICLE XIII
ASSIGNMENT
Section 13.1. Assignment. Except pursuant to this Contract and the Deed of Trust, as
applicable, the County will not sell, assign, lease, sublease, pledge or otherwise encumber or suffer a lien
or encumbrance on or against any interest in this Contract or the Mortgaged Property (except for any
other permitted encumbrances under Section 6.2) without the prior written consent of the Bank. The
County's interest in this Contract may not be assigned or transferred by operation of law.
The Bank may, at any time and from time to time, assign all or any part of its interest in the
Mortgaged Property, the Projects or this Contract, including, without limitation, the Bank's rights to
receive Installment Payments payable to the Bank hereunder. Any assignment made by the Bank or any
subsequent assignee shall not purport to convey any greater interest or rights than those held by the Bank
pursuant to this Contract.
The County agrees that this Contract may become part of a pool of obligations at the Bank's or its
assignee's option. The Bank or its assignees may assign or reassign all or any part of this Contract,
including the assignment or reassignment of any partial interest through the use of certificates evidencing
participation interests in this Contract without the consent of the LGC, although the Banks or any
assignee shall give written notice to the LGC of any such assignment. Any assignment by the Bank may
be only to a bank, insurance company, or similar financial institution or any other entity approved by the
LGC. Notwithstanding the foregoing, no assignment or reassignment of the Bank's interest in the Deed of
Trust or this Contract shall be effective unless and until the County shall receive a duplicate original
counterpart of the document by which such assignment or reassignment is made disclosing the name and
address of each such assignee.
072015a HC BOC Page 54
The County further agrees that the Bank's interest in this Contract may be assigned in whole or in
part on terms which provide in effect that the assignor or assignee will act as a collection and paying
agent for any holders of certificates of participation in this Contract, provided the County receives a copy
of such agency contract and such collection and paying agent covenants and agrees to maintain for the
full remaining term of this Contract a written record of each assignment and reassignment of such
certificates of participation.
The County agrees to execute any document reasonably required in connection with any
assignment. Any assignor must provide notice of any assignment to the County and the LGC, and the
County shall keep a complete and accurate record of all assignments as required by the Code. After the
giving of any such notice, the County shall thereafter make all payments in accordance with the notice to
the assignee named therein and shall, if so requested, acknowledge such assignment in writing, but such
acknowledgment shall in no way be deemed necessary to make the assignment effective_
[END OF ARTICLE XIII]
ARTICLE XIV
LIMITED OBLIGATION OF THE COUNTY
Section 14.1. Limited Obligation of the County. NO PROVISION OF THIS CONTRACT SHALL BE
CONSTRUED OR INTERPRETED AS CREATING A PLEDGE OF THE FAITH AND CREDIT OF THE COUNTY WITHIN
THE MEANING OF ANY STATE CONSTITUTIONAL DEBT LIMITATION. No PROVISION OF THIS CONTRACT
SHALL BE CONSTRUED OR INTERPRETED AS CREATING A DELEGATION OF GOVERNMENTAL POWERS NOR
AS A DONATION BY OR A LENDING OF THE CREDIT OF THE COUNTY WITHIN THE MEANING OF THE
CONSTITUTION OF THE STATE. THIS CONTRACT SHALL NOT DIRECTLY OR INDIRECTLY OR
CONTINGENTLY OBLIGATE THE COUNTY TO MAKE ANY PAYMENTS BEYOND ANY PAYMENTS
APPROPRIATED IN THE SOLE DISCRETION OF THE COUNTY FOR ANY FISCAL YEAR IN WHICH THIS
CONTRACT IS IN EFFECT; PROVIDED, HOWEVER, THAT ANY FAILURE OR REFUSAL BY THE COUNTY TO
APPROPRIATE FUNDS WHICH RESULTS IN ITS FAILURE TO MAKE ANY PAYMENT COMING DUE HEREUNDER
WILL IN NO WAY OBVIATE THE OCCURRENCE OF THE EVENT OF DEFAULT RESULTING FROM SUCH
NONPAYMENT. NO DEFICIENCY JUDGMENT MAY BE RENDERED AGAINST THE COUNTY IN ANY ACTION
FOR BREACH OF A CONTRACTUAL OBLIGATION HEREUNDER, AND THE TAXING POWER OF THE COUNTY IS
NOT AND MAY NOT BE PLEDGED DIRECTLY OR INDIRECTLY OR CONTINGENTLY TO SECURE ANY AMOUNTS
DUE HEREUNDER. NO PROVISION OF THIS CONTRACT SHALL BE CONSTRUED TO PLEDGE OR TO CREATE A
LIEN ON ANY CLASS OR SOURCE OF THE COUNTY'S FUNDS, NOR SHALL ANY PROVISION OF THIS
CONTRACT RESTRICT THE FUTURE ISSUANCE OF ANY OF THE COUNTY'S BONDS OR OBLIGATIONS
PAYABLE FROM ANY CLASS OR SOURCE OF THE COUNTY'S FUNDS. TO THE EXTENT OF ANY CONFLICT
BETWEEN THIS ARTICLE AND ANY OTHER PROVISION OF THIS CONTRACT, THIS ARTICLE SHALL TAKE
PRIORITY.
[END OF ARTICLE XIV]
ARTICLE XV
MISCELLANEOUS
Section 15.1. Notices. Any and all notices, requests, demands, and other communications
given under or in connection with this Contract are only effective if made in writing and delivered either
072015a HC BOC Page 55
personally or mailed by certified or registered mail, postage prepaid, or return receipt requested, and
addressed as follows:
IF TO THE COUNTY:
IF TO THE BANK:
County of Harnett, North Carolina
I 02 E. Front Street
Lillington, North Carolina 27546
Attention: Finance Officer
First Bank
[Address]
Attention: [Contact]
The County and the Bank may, by written notice to each other, designate any further or different
addresses to which subsequent notices, certificates or other communications shall be sent.
Section 15.2. Time. Time is of the essence ofthis Contract and each and all of its provisions.
Section 15.3. If Payment or Performance Date not a Business Day. If the date for making
any payment, or the last date for performance of any act or the exercising of any right, as provided in this
Contract, is not a Business Day, such payment may be made or act performed or right exercised on the
next succeeding Business Day, with the same force and effect as if done on the nominal date provided in
this Contract, and no interest shall accrue for the period after such nominal date.
Section 15.4. Waiver. No covenant or condition of this Contract can be waived except by the
written consent of the Bank. Any failure of the Bank to require strict performance by the County or any
waiver by the Bank of any terms, covenants or contracts in this Contract shall not be construed as a
waiver of any other breach of the same or any other term, covenant or contract in this Contract.
Section 15.5. Section Headings. All section headings contained in this Contract are for
convenience of reference only and are not intended to define or limit the scope of any provision of this
Contract.
Section 15.6. Entire Contract. This Contract, together with any schedules and exhibits
attached to this Contract and Deed of Trust, constitutes the entire agreement between the parties, and this
Contract shall not be modified, amended, altered or changed except as the County and the Bank may
subsequently agree in writing.
Section 15.7. Binding Effect. Subject to the specific provisions of this Contract, this Contract
is binding on and inures to the benefit of the parties and their respective successors and assigns (including
expressly any successor of the Bank).
Section 15.8. Covenants of County not Covenants of Officials Individually. No covenant,
stipulation, obligation or agreement contained herein shall be deemed to be a covenant, stipulation,
obligation or agreement of any present or future member, agent or employee of the County in such
person's individual capacity, and neither the members of the Board nor any other officer of the Board or
the County shall be subject to any personal liability or accountability by reason of the execution and
delivery of this Contract. No member of the Board or any agent or employee of the County shall incur
any personal liability in acting or proceeding or if not acting or not proceeding, in good faith, reasonably
and in accordance with the terms of this Contract.
072015a HC BOC Page 56
Section 15.9. Severability. If any portion of this Contract is determined to be invalid under any
applicable law, such provision shall be deemed void and the remainder of this Contract shall continue in
full force and effect.
Section 15.10. Governing Law. This Contract shall be construed, interpreted and enforced in
accordance with, the laws of the State.
Section 15.11. Execution in Counterparts. This Contract may be executed in any number of
counterparts, each of which shall be an original and all of which shall constitute but one and the same
instrument.
(SIGNATURES BEGIN ON THE FOLLOWING PAGE]
072015a HC BOC Page 57
IN WITNESS WHEREOF, the County and the Bank have caused this Installment Financing
Contract to be executed by their duly authorized officers as of the day and year first above written.
[SEAL]
ATTEST:
Margaret Regina Wheeler
Clerk to the Board of Commissioners
COUNTY OF HARNETT, NORTH CAROLINA
By: ______________________ ___
Joseph Jeffries
County Manager
072015a HC BOC Page 58
[COUNTERPART SIGNATURE PAGE TO THE INSTALLMENT FINANCING CONTRACT,
DATED AS OF AUGUST 1, 2015, BETWEEN FIRST BANK
AND THE COUNTY OF HARNETT, NORTH CAROLINA)
FIRST BANK, as Bank
By: _____________ _
Wes G. Wright
First Vice President
[SIGNATURES CONTINUED ON THE FOLLOWING PAGE)
072015a HC BOC Page 59
[COUNTERPART SIGNATURE PAGE TO THE lNST ALLMENT FINANCING CONTRACT,
DATED AS OF AUGUST 1, 2015, BETWEEN FIRST BANK
AND THE COUNTY OF HARNETT, NORTH CAROLINA]
This Contract has been approved under the
provisions of Section 159-152 of the General
Statutes ofNorth Carolina, as amended.
By:
Greg C. Gaskins
Secretary
Local Government Commission of North Carolina
072015a HC BOC Page 60
PAYMENT SCHEDULE-TAX-EXEMPT ADVANCE
PAYMENT
DATE
12/01/2015
06/01/2016
12/01/2016
06/01/2017
12/01/2017
06/01/2018
12/01/2018
06/01/2019
12/01/2019
06/01/2020
TOTAL
INSTALLMENT
PAYMENT-
PRINCIPAL
COMPONENT
INSTALLMENT
PAYMENT-
INTEREST
COMPONENT*
*Interest rate of 1.49% calculated on a 30/360-day basis
PS-1
TOTAL
INSTALLMENT
PAYMENT
072015a HC BOC Page 61
PAYMENT SCHEDULE-TAXABLE ADVANCE
PAYMENT
DATE
12/01/2015
06/01/2016
12/01/2016
06/01/2017
12/01/2017
06/01/2018
12/01/2018
06/01/2019
12/01/2019
06/01/2020
12/01/2020
06/01/2021
12/01/2021
06/01/2022
12/01/2022
06/01/2023
12/01/2023
06/01/2024
12/01/2024
06/01/2025
TOTAL
INSTALLMENT
PAYMENT-
PRINCIPAL
COMPONENT
INSTALLMENT
PAYMENT-
INTEREST
COMPONENT*
*Interest rate of 2.42% calculated on a 30/360-day basis
TOTAL
INSTALLMENT
PAYMENT
072015a HC BOC Page 62
Prepared by and Return to: P. Michael Juby, Jr., Esq.
401 South Tryon Street, Suite 3000
Charlotte, North Carolina 28202
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
DEED OF TRUST, SECURITY AGREEMENT
AND FIXTURE FILING
Parker Poe Draft-07/07/15
This DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING, is made and entered into
as of August 1, 2015 (this ''Deed of Trust"), from the COUNTY OF HARNETT, NORTH CAROLINA (the
"Grantor"), to [TRUSTEE], whose address is , as deed of trust trustee (the "Trustee"),
for the benefit of FIRST BANK, a national banking association, whose address is (the "Lender")
(the Lender and its successors and assigns hereinafter called the "Beneficiary").
PREAMBLES
WHEREAS, the Grantor and the Lender have entered into an Installment Financing Contract dated
as of August 1, 2015 (the "Contract"), pursuant to which (1) the Lender has agreed to advance funds to
enable the Grantor to (a) refinance the County's installment payment obligations under the 2005 Contract,
(b) finance various capital improvements and repairs to the Public Works Facility, (c) finance the
acquisition of the Land under the terms of the Purchase Agreement and (d) pay certain costs incurred in
connection with the execution and delivery of the Contract, and (2) the Grantor has agreed to make the
Installment Payments (as defined in the Contract) to the Lender;
COLLATERAL IS OR INCLUDES FIXTURES
PPAB 2859019v2 072015a HC BOC Page 63
WHEREAS, this Deed of Trust has been executed and delivered to secure ( 1) the obligations of
the Grantor to make the Installment Payments, and (2) the payment and performance of all of the other
liabilities and obligations, whether now existing or hereafter arising, of the Grantor to the Lender under
the Contract, all such obligations and liabilities described in (1) or (2) above hereinafter collectively
called the ''Indebtedness'';
WHEREAS, it is intended that this Deed of Trust comply with the provisions of Sections 45-67,
et. seq. of the General Statutes of North Carolina, as amended; and for purposes of complying with such
provisions, the Grantor hereby represents as follows:
(a) This Deed of Trust has been executed and delivered by the Grantor to
secure present and future Indebtedness which may be incurred from time to time under
the Contract;
(b) The maximum principal amount, including present and future
Indebtedness, which may be secured by this Deed of Trust at any one time is $1 0,000,000
(exclusive of advances that may be made under the terms of the Contract or this Deed of
Trust for the protection of collateral, payment of taxes, impositions and assessments,
attorneys' fees and costs and other sums which the Grantor is required by the tenns of
said instruments to repay), subject to the limitation that any increase must be authorized
by the Grantor's governing board and at no time shall the total principal amount of
Indebtedness secured hereby exceed said maximum principal sum of $10,000,000 plus
interest, attorneys' fees and costs and other sums for the protection of collateral, payment
of taxes, impositions and assessments and similar sums advanced by the Beneficiary
which the Grantor is obligated to repay hereunder, under the Contract, or otherwise;
(c) The period within which such future Indebtedness may be incurred shall
expire not later than 30 years from the date of this Deed of Trust, and shall be effective
without the recordation of an amendment, modification or supplement to this Deed of
Trust; and
(d) It shall not be a requirement for any such future Indebtedness to be
secured hereby that the Grantor sign an instrument or other notation stipulating that such
Indebtedness is secured by this Deed of Trust, as no such future Indebtedness is required,
under the Contract or otherwise, to be evidenced by a written instrument or notation; and
WHEREAS, the Grantor desires to secure ( 1) the payment of the Indebtedness and any renewals,
modifications or extensions thereof, in whole or in part, and (2) the additional payments hereinafter
agreed to be made by or on behalf of the Grantor, by a conveyance of the lands and security interests
hereinafter described;
NOW, THEREFORE, in consideration of the above preambles and for the purposes aforesaid, and
in further consideration of the sum of $10.00 paid to the Grantor by the Trustee and other valuable
consideration, receipt of which is hereby acknowledged, the Grantor has given, granted, bargained and
sold, and by these presents does give, grant, bargain, sell and convey unto the Trustee, its heirs,
successors and assigns, the following property (hereinafter collectively referred to as the "Mortgaged
Property''):
PPAB 2859019v2
072015a HC BOC Page 64
(a) The real property lying and being in the County of Harnett ,North
Carolina, and described below and in the legal description attached as Exhibit A hereto
(hereinafter referred to as the "Real Property''):
SEE EXHIBIT A ATTACHED HERETO FOR THE REAL PROPERTY
DESCRIPTION, WHICH EXHIBIT A IS SPECIFICALLY INCORPORATED
HEREIN BY REFERENCE.
(b) All buildings, structures, additions and improvements of every nature
whatsoever now or hereafter situated on or about the Real Property (the
''Improvements'').
(c) All gas and electric fixtures, radiators, heaters, engines and machinery,
boilers, ranges, elevators and motors, plumbing and heating fixtures, carpeting and other
floor coverings, fire extinguishers and any other safety equipment required by
governmental regulation or law, washers, dryers, water heaters, mirrors, mantels, air
conditioning apparatus, refrigerating plants, refrigerators, cooking apparatus and
appurtenances, window screens, awnings and storm sashes and other machinery,
equipment or other tangible personal property, which are or shall be so attached to the
Improvements, including all extensions, additions, improvements, betterments, renewals,
replacements and substitutions, or proceeds from a permitted sale of any of the foregoing,
as to be deemed to be fixtures under North Carolina law (collectively, the ''Fixtures'') and
accessions to the Real Property and a part of the Mortgaged Property as between the
parties hereto and all persons claiming by, through or under them, and which shall be
deemed to be a portion of the security for the Indebtedness. The location of the collateral
described in this paragraph is also the location of the Real Property, and the record owner
of the Real Property is the Grantor.
(d) All easements, rights-of-way, strips and gores of land, vaults, streets,
ways, alleys, passages, sewer rights, waters, water courses, water rights and powers,
minerals, flowers, shrubs, crops, trees, timber and other emblements now or hereafter
located on the Real Property or under or above the same or any part or parcel thereof, and
all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and
appurtenances, reversion and reversions, remainder and remainders, whatsoever, in any
way belonging, relating or appertaining to the Mortgaged Property or any part thereof, or
which hereafter shall in any way belong, relate or be appurtenant thereto, whether now
owned or hereafter acquired by the Grantor.
(e) All leases affecting the Mortgaged Property or any part thereof and all
income, rents and issues of the Mortgaged Property and the Improvements now or
hereafter located thereon from time to time accruing (including without limitation all
payments under leases or tenancies, proceeds of insurance, condemnation payments,
tenant security deposits whether held by the Grantor or in a trust account, and escrow
funds), and all the estate, right, title, interest, property, possession, claim and demand
whatsoever at law, as well as in equity, of the Grantor of, in and to the same; reserving
only the right to the Grantor to collect and apply the same (other than insurance proceeds
and condemnation payments) so long as the Grantor is not in Default hereunder.
PPAB 2859019v2
072015a HC BOC Page 65
TO HAVE AND TO HOLD, the Mortgaged Property unto the Trustee, its heirs, successors and
assigns, in fee simple forever, upon the trusts, terms and conditions and for the uses and purposes
hereinafter set out;
And the Grantor covenants with the Trustee that the Grantor is lawfully seized of the Mortgaged
Property in fee simple and has the right to convey the same in fee simple; that, except for Permitted
Encumbrances (as defined in Exhibit B attached hereto and specifically incorporated herein by reference),
the same are free and clear of all encumbrances, and that the Grantor will warrant and defend the title to
the same against the claims of all persons whomsoever arising by, under or through the Grantor.
THIS CONVEYANCE IS MADE UPON THIS SPECIAL TRUST, that if the Grantor shall pay the
Indebtedness in accordance with the terms of the Contract, together with interest thereon, and any
renewals or extensions thereof in whole or in part, and shall comply with all the covenants, terms and
conditions of this Deed of Trust, then this conveyance shall be null and void and may be cancelled of
record at the request and at the cost of the Grantor.
TO PROTECT THE SECURITY OF THIS DEED OF TRUST, the Grantor hereby further
covenants and agrees as follows:
ARTICLE I
Section 1.1. Payment of Indebtedness. The Grantor will pay the Indebtedness and all other
sums now or hereafter secured hereby promptly as the same shall become due.
Section 1.2. Taxes, Liens and Other Charges.
(a) The Grantor will pay, before the same become delinquent, all taxes, liens, assessments
and charges of every character including all utility charges, whether public or private, already levied or
assessed or that may hereafter be levied or assessed upon or against the Mortgaged Property; and will
furnish the Beneficiary, on or before the final date whereon the same can be paid without penalty,
evidence of the due and punctual payment of all such taxes, assessments and other fees and charges.
Nothing contained herein shall require the payment or discharge of any such tax, lien, assessment or
charge by the Grantor for so long as the Grantor shall in good faith and at its own expense contest the
same or the validity thereof by appropriate legal proceedings provided that such proceedings shall prevent
(1) the collection thereof or other realization thereof and the sale or forfeiture of the Mortgaged Property
or any part thereof to satisfY the same or (2) the enforcement thereof, against the Grantor, the Trustee, the
Beneficiary and the Mortgaged Property and so long as the Grantor first deposits with the Beneficiary in
escrow such sums or other security as the Beneficiary may reasonably require to assure Beneficiary of the
availability of sufficient funds to pay such tax, lien, assessment or charge if and when the same is finally
determined to be due.
(b) The Grantor will not suffer any mechanic's, materialman's, laborer's, statutory or other
lien to be created and to remain outstanding upon all or any part of the Mortgaged Property. The Grantor
shall be entitled to discharge such liens by bonds or to contest any such liens pursuant to the same
procedure as the Grantor is entitled to contest taxes in the preceding Subsection 1.2(a).
Section 1.3. Insurance.
PPAB 2859019v2
072015a HC BOC Page 66
(a) The Grantor shall procure for, deliver to and maintain for the benefit of the Beneficiary,
during the term of this Deed of Trust, the insurance coverage required by the Contract. Such insurance
shall be noncancellable except upon at least 30 days' prior written notice to the Beneficiary, and shall
otherwise comply with the requirements of the Contract.
(b) The Beneficiary is hereby authorized and empowered and, at its option, with participation
of the Grantor, to adjust or compromise any loss under any insurance policies maintained pursuant to this
Section 1.3, and to collect and receive the proceeds from any such policy or policies. Each insurance
company is hereby authorized and directed to make payment for all such losses directly to the Grantor
and the Beneficiary jointly. The net proceeds from any such policy or policies shall be applied as
provided in the Contract. The Beneficiary shall not be held responsible for any failure to collect any
insurance proceeds due under the terms of any policy regardless of the cause of such failure.
(c) For the portion of such insurance which is not self-insurance, at least 30 days prior to the
expiration date of each policy maintained pursuant to this Section 1.3, a renewal or replacement thereof
satisfactory to the Beneficiary shall be delivered by the Grantor to the Beneficiary, if requested. In the
event of the foreclosure of this Deed of Trust or any other transfer of title to the Mortgaged Property in
extinguishment of the Indebtedness secured hereby, all right, title and interest of the Grantor in and to all
insurance policies then in force shall pass to the purchaser or Beneficiary, as appropriate.
Section 1.4. Condemnation. In the event there hereafter occurs a condemnation (which term
when used in this Deed of Trust shall include any damage or taking by any governmental authority or
other entity having the power of eminent domain, and any transfer by private sale in lieu thereof),
resulting in any damage or taking, either temporarily or permanently, of (1) the entire Mortgaged
Property, (2) so much of the Mortgaged Property as causes the remainder of the Mortgaged Property to be
in violation of any zoning laws, restrictive covenants or similar laws, regulations or restrictions affecting
the Mortgaged Property, and the Grantor fails to cure such violation within 30 days of the condemnation
or such violation does not prevent the Grantor's continued use of the Mortgaged Property in the ordinary
course of its business or (3) so much of the Mortgaged Property that, in the sole reasonable opinion of the
Beneficiary, the value of the Mortgaged Property is materially and adversely affected, then, and in any
one of said events, the Grantor shall repay the Indebtedness in accordance with Article VII of the
Contract. To the extent permitted by law, the Beneficiary shall be entitled to receive all compensation,
awards and other payments or relief thereof. The Beneficiary is hereby authorized, at its option, to
commence, appear in and prosecute, in its own or in the Grantor's name, any action or proceeding relating
to any condemnation, and to settle or compromise any claim in connection therewith. All such
compensation, awards, damages, claims, rights of action and proceeds and the right thereto are hereby
assigned by the Grantor to the Beneficiary. After deducting from said condemnation proceeds all of its
expenses incurred in the collection and administration of such sums, including reasonable attorneys' fees,
the Beneficiary shall apply the net proceeds as provided in the Contract, subject to the terms of Article
VII of the Contract. Any balance of such money then remaining shall be paid to the Grantor. The
Grantor hereby agrees to execute such further assignment of any compensation, awards, damages, claims,
rights of action and proceeds as the Beneficiary may require.
Section 1.5. Care of Mortgaged Property.
(a) The Grantor will keep the buildings, parking areas, roads and walkways, recreational
facilities, landscaping and all other improvements of any kind now or hereafter erected on the Real
Property or any part thereof in good condition and repair, will not commit or suffer any waste, and will
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not do or suffer to be done anything which will increase the risk of fire or other hazard to the Mortgaged
Property or any part thereof.
(b) Except for structures existing on the date of this Deed of Trust, the Grantor will not
remove or demolish nor alter the structural character of any improvement located on the Real Property
without the prior written consent of the Beneficiary.
(c) If the Mortgaged Property or any part thereof is damaged by fire or any other cause, the
Grantor will give immediate written notice thereof to the Beneficiary and the Trustee.
(d) Upon reasonable notice to the Grantor, the Beneficiary or its representative is hereby
authorized to enter upon and inspect the Mortgaged Property at any time during normal business hours.
The Beneficiary agrees that any confidential information about the Grantor obtained in the exercise of its
rights under this subparagraph (d) shall, except as otherwise required by law or regulation applicable to
the Beneficiary, be maintained in a confidential manner and shall be used by the Beneficiary only for the
protection of its rights and interests hereunder.
(e) The Grantor will promptly comply with all present and future laws, ordinances, rules and
regulations of any governmental authority (including, but not limited to, all environmental and ecological
laws and regulations) affecting the Mortgaged Property or any part thereof.
(f) If all or any part of the Mortgaged Property shall be damaged or destroyed as described in
Section 7.1 of the Contract, the Grantor will promptly repair, restore, modify, improve or replace the
Mortgaged Property or any remaining portions in accordance with Section 7.2 of the Contract or, under
certain circumstances described in Section 7.3 of the Contract, apply any Net Proceeds (as defined in the
Contract) as provided for in Section 7.3 of the Contract.
Section 1.6. Leases and Other Agreements Affecting Property. The Grantor will duly and
punctually perform all terms, covenants, conditions and agreements binding upon the Grantor under any
lease or any other agreement of any nature whatsoever which involves or affects the Mortgaged Property
or any part thereof. The Grantor will furnish the Beneficiary with executed copies of all leases now or
hereafter created upon the Mortgaged Property or any part thereof, and all leases now or hereafter entered
into will be in form and substance subject to the prior written approval of the Beneficiary. The Grantor
will not, without the express written approval of the Beneficiary (which approval will not be unreasonably
withheld or delayed), modify, surrender or terminate, either orally or in writing, any lease now existing or
hereafter created upon the Mortgaged Property or any part thereof, nor will the Grantor permit an
assignment or a subletting by any tenant without the prior express written approval of the Beneficiary.
The Grantor will not accept payment of rent more than one month in advance without the prior express
written approval of the Beneficiary.
Section 1. 7. Security Agreement and Fixture Filing. With respect to the Fixtures, this Deed of
Trust is hereby made and declared to be a security agreement in favor of the Beneficiary encumbering
each and every item of such property included herein as a part of the Mortgaged Property, in compliance
with the provisions of the Uniform Commercial Code as enacted in the State of North Carolina (the
"State''), and the Grantor hereby grants a security interest to the Beneficiary in and to all of such Fixtures.
This Deed of Trust shall constitute a financing statement filed as a fixture filing in accordance with N.C.
Gen. Stat. §25-9-502 (or any amendment thereto). For purposes of complying with the requirements of
N.C. Gen. Stat. §25-9-502, the name of Grantor, as Debtor, and Beneficiary, as Secured Party, and the
respective addresses of Grantor, as Debtor, and Beneficiary, as Secured Party, are set forth on the first
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page of this Deed of Trust. Grantor authorizes Beneficiary to effect any filing or recording of any
additional financing statements relating to the Fixtures or amendments thereto where appropriate to
perfect and continue the security interest in, and to protect and preserve, the Fixtures. The remedies for
any violation of the covenants, terms and conditions of the security agreement contained in this Deed of
Trust shall be (1) as prescribed herein, or (2) as prescribed by general law, or (3) as prescribed by the
specific statutory consequences now or hereafter enacted and specified in said Uni:form Commercial
Code, all at the Beneficiary's sole election. The mention in any such financing statement or statements of
the rights in and to (a) the proceeds of any fire and/or hazard insurance policy, (b) any award in eminent
domain proceedings for a taking or for loss of value, or (c) the Grantor's interest as lessor in any present
or future lease or rights to rents, issues or awards growing out of the use and/or occupancy of the
Mortgaged Property, whether pursuant to lease or otherwise, shall not in any way alter any of the rights of
the Beneficiary as determined by this Deed of Trust or affect the priority of the Beneficimy's security
interest granted hereby or by any other recorded document, it being understood and agreed that such
mention in such financing statement or statements is solely for the protection of the Beneficiary in the
event any court shall at any time hold with respect to the foregoing clauses (a), (b) or (c) of this sentence,
that notice of the Beneficiary's priority of interest, to be effective against a particular class of persons,
must be filed in the Uniform Commercial Code records.
Section 1.8. Further Assurances; After Acquired Property. At any time, and from time to
time, upon request by the Beneficiary, the Grantor will make, execute and deliver or cause to be made,
executed and delivered, to the Beneficiary and/or the Trustee and, where appropriate, cause to be recorded
and/or filed and from time to time thereafter to be re-recorded and/or refiled at such time and in such
offices and places as shall be deemed desirable by the Beneficiary, any and all such other and further
deeds of trust, security agreements, financing statements, continuation statements, instruments of further
assurance, certificates and other documents as may, in the opinion of the Beneficiary, be necessary or
desirable in order to effectuate, complete, or perfect, or to continue and preserve (I) the obligations of the
Grantor under the Contract or this Deed of Trust and (2) the security interest created under this Deed of
Trust as a first and prior lien upon, and security title in and to, all of the Mortgaged Property, subject to
Permitted Encumbrances, whether now owned or hereafter acquired by the Grantor.
Section 1.9. Expenses. The Grantor will pay or reimburse the Beneficiary and the Trustee,
upon demand therefor, for all reasonable attorneys' fees, costs and expenses actually incurred by the
Beneficiary and the Trustee in any suit, action, legal proceeding or dispute of any kind in which the
Beneficiary and/or the Trustee is made a party or appears as party plaintiff or defendant, affecting the
Indebtedness secured hereby, this Deed of Trust or the interest created herein, or the Mortgaged Property,
including, but not limited to, the exercise of the power of sale contained in this Deed of Trust, any
condemnation action involving the Mortgaged Property or any action to protect the security hereof, but
excepting therefrom any negligence or willful misconduct by the Beneficiary or any breach of this Deed
of Trust by the Beneficiary; and all such amounts paid by the Beneficiary shall be added to the
Indebtedness.
Section 1.1 0. Estoppel Affidavits. The Grantor, upon 10 days' prior written notice, shall furnish
the Beneficiary a written statement, duly acknowledged, setting forth the unpaid principal of, and interest
on, the Indebtedness and whether or not any offsets or defenses exist against such principal and interest.
Section 1.11. Subrogation. The Beneficiary shall be subrogated to the claims and liens of all
parties whose claims or liens are discharged or paid with the proceeds of the Indebtedness.
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Section 1.12. Books, Records, Accounts and Annual Reports. The Grantor will keep and
maintain or will cause to be kept and maintained proper and accurate books, records and accounts relating
to the Mortgaged Property. The Beneficiary shall have the right from time to time at all times during
normal business hours to examine such books, records and accounts at the office of the Grantor or such
other person or entity maintaining such books, records and accounts and to make copies or extracts
thereof as the Beneficiary shall desire.
Section 1.13. Limit of Validity. If from any circumstances whatsoever fulfillment of any
provision of this Deed of Trust or the Contract at the time performance of such provision shall be due,
shall involve transcending the limit of validity presently prescribed by any applicable usury statute or any
other applicable law, with regard to obligations of like character and amount, then ipso facto the
obligation to be fulfilled shall be reduced to the limit of such validity, so that in no event shall any
exaction be possible under this Deed of Trust or the Contract that is in excess of the current limit of such
validity, but such obligation shall be fulfilled to the limit of such validity.
Section 1.14. Changes in Ownership. The Grantor hereby acknowledges to the Beneficiary that
(1) the identity and expertise of the Grantor were and continue to be material circumstances upon which
the Beneficiary has relied in connection with, and which constitute valuable consideration to the
Beneficiary for, the extending to the Grantor of the Indebtedness and (2) any change in such identity or
expertise could materially impair or jeopardize the security for the payment of the Indebtedness granted to
the Beneficiary by this Deed of Trust. The Grantor therefore covenants and agrees with the Beneficiary,
as part of the consideration for the extending to the Grantor of the Indebtedness, that the entire
Indebtedness shall, at the option of the Beneficiary, become immediately due and payable, should the
Grantor further encumber, pledge, convey, transfer or assign any or all of its interest in the Mortgaged
Property or any portion thereof without the prior written consent of the Beneficiary or except as otherwise
permitted herein.
Section 1.15. Use and Management of the Mortgaged Property. The Grantor shall not alter or
change the use of the Mortgaged Property or abandon the Mortgaged Property without the prior written
consent ofthe Beneficiary.
Section 1.16. Acquisition of Collateral. The Grantor shall not acquire any portion of the
personal property, if any, covered by this Deed of Trust, subject to any security interest, conditional sales
contract, title retention arrangement or other charge or lien taking precedence over the security title and
lien of this Deed of Trust without the prior written consent of the Beneficiary.
Section 1.17. Hazardous Material.
(a) The Grantor represents, warrants and agrees that, except as previously disclosed to the
Lender in writing: (1) the Grantor has not used or installed any Hazardous Material (as hereinafter
defined) in violation of applicable Environmental Laws on, from or in the Mortgaged Property and to the
Grantor's actual knowledge no other person has used or installed any Hazardous Material on, from or in
the Mortgaged Property; (2) to the Grantor's knowledge, no other person has violated any applicable
Environmental Laws (as hereinafter defined) relating to or affecting the Mortgaged Property or any other
property owned by the Grantor except as previously disclosed to the Beneficiary; (3) to the best of the
Grantor's knowledge, the Mortgaged Property is presently in compliance with all applicable
Environmental Laws, and there are no facts or circumstances presently existing upon or under the
Mortgaged Property, or relating to the Mortgaged Property, which may violate any applicable
Environmental Laws, and there is not now pending or, to the best knowledge of the Grantor, threatened
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any action, suit, investigation or proceeding against the Grantor or the Mortgaged Property (or against any
other party relating to the Mortgaged Property) seeking to enforce any right or remedy against the Grantor
or the Mortgaged Property under any of the Environmental Laws; (4) the Mortgaged Property shall be
kept free of Hazardous Materials to the extent required by applicable Environmental Laws, and shall not
be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce, or
process Hazardous Materials other than the processing of materials in the ordinary course of the Grantor's
business as of the date hereof; (5) the Grantor shall not cause or permit the installation of Hazardous
Materials in, on, over or under the Mortgaged Property or a Release (as hereinafter defined) of Hazardous
Materials unto or from the Mortgaged Property or suffer the presence of Hazardous Materials in, on, over
or under the Mortgaged Property in violation of applicable Environmental Laws; (6) the Grantor shall
comply with Environmental Laws applicable to the Mortgaged Property, all at no cost or expense to the
Beneficiary or the Trustee; (7) the Grantor has obtained and will at all times continue to obtain and/or
maintain all licenses, permits and/or other governmental or regulatory actions necessary for the
Mortgaged Property to comply with applicable Environmental Laws (the "'Permits'") and the Grantor will
be and at all times remain in full compliance with the terms and provisions of the Permits; (8) to the best
of the Grantor's knowledge there has been no Release of any Hazardous Materials on or from the
Mortgaged Property in violation of applicable Environmental Laws, whether or not such Release
emanated from the Mortgaged Property or any contiguous real estate which has not been abated and any
resulting violation of applicable Environmental Laws abates; (9) the Grantor shall immediately give the
Beneficiary oral and written notice in the event that the Grantor receives any notice from any
governmental agency, entity, or any other party with regard to Hazardous Materials on, from or affecting
the Mortgaged Property and the Grantor shall conduct and complete all investigations, studies, sampling,
and testing, and all remedial, removal, and other actions necessary to clean up and remove all Hazardous
Materials on, from or affecting the Mortgaged Property in accordance with all applicable Environmental
Laws.
(b) To the fullest extent permitted by applicable law, the Grantor hereby agrees to indemnify
the Beneficiary and the Trustee and hold the Beneficiary and the Trustee harmless from and against any
and all liens, demands, defenses, suits, proceedings, disbursements, liabilities, losses, litigation, damages,
judgments, obligations, penalties, injuries, costs, expenses (including, without limitation, attorneys' and
experts' fees) and claims of any and every kind whatsoever paid, incurred, suffered by, or asserted against
the Beneficiary, the Trustee and/or the Mortgaged Property for, with respect to, or as a direct or indirect
result of: (1) the presence of Hazardous Materials in, on or under the Mortgaged Property, or the escape,
seepage, leakage, spillage, discharge, emission or Release on or from the Mortgaged Property of any
Hazardous Materials regardless of whether or not caused by or within the control of the Grantor; (2) the
violation of any Environmental Laws applicable to the Mortgaged Property or the Grantor, whether or not
caused by or within the control of the Grantor; (3) the failure by the Grantor to comply fully with the
terms and provisions of this Section 1.17; ( 4) the violation of any of the Environmental Laws in
connection with any other property owned by the Grantor, which violation gives or may give rise to any
rights whatsoever in any party with respect to the Mortgaged Property by virtue of any of the
Environmental Laws, whether or not such violation is caused by or within the control of the Grantor; or
(5) any warranty or representation made by the Grantor in subparagraph (a) of Section 1.17 being false or
untrue in any material respect.
(c) In the event the Beneficiary has a reasonable basis to suspect that the Grantor has
violated any of the covenants, warranties, or representations contained in this Section 1.17, or that the
Mortgaged Property are not in compliance with the applicable Environmental Laws for any reason, the
Grantor shall take such steps as the Beneficiary reasonably requires by written notice to the Grantor in
order to confirm or deny such occurrences, including, without limitation, the preparation of environmental
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studies, surveys or reports. In the event that the Grantor fails to take such action, the Beneficiary may
take such action as the Beneficiary reasonably believes necessary to protect its interest, and the cost and
expenses of all such actions taken by the Beneficiary, including, without limitation, the Beneficiary's
reasonable attorneys' fees, shall be added to the Indebtedness.
(d) For purposes of this Deed of Trust: (1) "Hazardous Material" or "Hazardous Materials''
means and includes, without limitation, (A) solid or hazardous waste, as defined in the Resource
Conservation and Recovery Act of 1980, as amended, or in any applicable state or local law or regulation,
(B) hazardous substances, as defined in CERCLA, or in any applicable state or local law or regulation,
(C) gasoline, or any other petroleum product or by-product, (D) toxic substances, as defined in the Toxic
Substances Control Act of 1976, as amended, or in any applicable state or local law or regulation or (E)
insecticides, fungicides, or rodenticides, as defined in the Federal Insecticide, Fungicide, and Rodenticide
Act of 1975, as amended, or in any applicable state or local law or regulation, as each such Act, statute or
regulation may be amended from time to time; (2) "Release'' shall have the meaning given such term, in
the Environmental Laws, including, without limitation, Section 101(22) of CERCLA; and (3)
"Environmental Lmt''' or ''Environmental Lmvs'' shall mean any ''Super Fund'' or "Super Lien'' law, or
any other federal, state or local statute, law, ordinance or code, regulating, relating to or imposing liability
or standards of conduct concerning any Hazardous Materials as may now or at any time hereafter be
legally in effect, including, without limitation, the following, as same may be amended or replaced from
time to time, and all regulations promulgated and officially adopted thereunder or in connection
therewith: the Super Fund Amendments and Reauthorization Act of 1986, as amended ("SARA"); the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended
("CERCLA'"); The Clean Air Act, as amended ("CAA''); the Clean Water Act, as amended (''CWA''); The
Toxic Substance Control Act, as amended ("TSCA'"); the Solid Waste Disposal Act, as amended
("SWDA"), as amended by the Resource Conservation and Recovery Act, as amended ("RCRA''); the
Hazardous Waste Management System; and the Occupational Safety and Health Act of 1970, as amended
(''OSHA'"). The obligations and liabilities of the Grantor under this Section 1.17 which arise out of events
or actions occurring prior to the satisfaction of this Deed of Trust shall survive the exercise of the power
of sale under or foreclosure of this Deed of Trust, the delivery of a deed in lieu of foreclosure of this Deed
of Trust, the cancellation or release of record of this Deed of Trust, and/or the payment in full of the
Indebtedness.
(e) The parties expressly agree that an event under the provisions of Section 1.17 which may
be deemed to be a default under this Deed of Trust shall not be a default until the Grantor has received
notice of such event. Further, in terms of compliance with future governmental laws, regulations or
rulings applicable to environmental conditions, the Grantor shall be permitted to afford itself of any
defense or other protection against the application or enforcement of any such law, regulation or ruling.
ARTICLE II
Section 2.1. Events of Default. As used in this Deed of Trust, the terms "Default," ''Event of
Default'' or ''Events a_( Default" mean any one or more of the following events:
(a) Failure by the Grantor to pay any principal component or interest
component of the Installment Payments when due as required by the Contract or by this
Deed ofTrust; or
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(b) Failure by the Grantor to duly observe or perform after notice and lapse
of any applicable grace period any other term, covenant, condition or agreement of this
Deed ofTrust; or
(c) Any warranty of the Grantor contained in this Deed of Trust~ proves to
be untrue or misleading in any material respect; or
(d) The occurrence of any ''Event of Default" under the Contract.
Section 2.2. Acceleration upon Default, Additional Remedies. In the event an Event of
Default shall have occurred and is continuing, the Beneficiary may declare all Indebtedness to be due and
payable and the same shall thereupon become due and payable without any presentment, demand, protest
or notice of any kind. Thereafter, the Beneficiary may:
(a) Either in person or by agent, with or without bringing any action or
proceeding, or by a receiver appointed by a court and without regard to the adequacy of
its security, enter upon and take possession of the Mortgaged Property, or any part
thereof, in its own name or in the name of the Trustee, and do any acts which it deems
necessary or desirable to preserve the value, marketability or rentability of the Mortgaged
Property, or part thereof or interest therein, increase the income therefrom or protect the
security hereof, and, with or without taking possession of the Mortgaged Property, sue for
or otherwise collect the rents and issues thereof, including those rents and issues past due
and unpaid, and apply the same, less costs and expenses of operation and collection
including attorney's fees, upon any Indebtedness, all in such order as the Beneficiary may
determine. The entering upon and taking possession of the Mortgaged Property, the
collection of such rents and issues and the application thereof as aforesaid, shall not cure
or waive any Event of Default or notice of Event of Default hereunder or invalidate any
act done in response to such Default or pursuant to such notice of Default and
notwithstanding the continuance in possession of the Mortgaged Property or the
collection, receipt and application of rents and issues, the Trustee or the Beneficiary shall
be entitled to exercise every right provided for in any instrument securing or relating to
the Indebtedness or by law upon occurrence of any Event of Default, including the right
to exercise the power of sale;
(b) Commence an action to foreclose this Deed of Trust as a mortgage,
appoint a receiver, specially enforce any of the covenants hereof, or cause the Trustee to
foreclose this Deed of Trust by power of sale; and
(c) Exercise any or all of the remedies available to a secured party under the
Uniform Commercial Code of North Carolina or under any other applicable laws.
(d) Notwithstanding any provision to the contrary in this Deed of Trust, no
deficiency judgment may be rendered against the Grantor in any action to collect any of
the Indebtedness secured by this Deed of Trust and the taxing power of the Grantor is not
and may not be pledged directly or indirectly or contingently to secure any money due or
secured under this Deed of Trust.
Section 2.3. Foreclosure by Power of Sale. Should the Beneficiary elect to foreclose by
exercise of the power of sale herein contained, the Beneficiary shall notify the Trustee and shall deposit
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with the Trustee this Deed of Trust and such receipts and evidence of expenditures made and secured
hereby as the Trustee may require.
Upon application of the Beneficiary, it shall be lawful for and the duty of the Trustee, and the
Trustee is hereby authorized and empowered to expose to sale and to sell the Mortgaged Property at
public auction for cash, after having first complied with all applicable requirements of North Carolina law
with respect to the exercise of powers of sale contained in deeds of trust and upon such sale, the Trustee
shall convey title to the purchaser in fee simple. After retaining from the proceeds of such sale just
compensation for the Trustee's services and all expenses incurred by the Trustee, including a the
Trustee's commission not exceeding 1% of the bid and reasonable attorneys' fees for legal services
actually performed, the Trustee shall apply the residue of the proceeds first to the payment of all sums
expended by the Beneficiary under the terms of this Deed of Trust; second, to the payment of the
Indebtedness and interest thereon secured hereby; and the balance, if any, shall be paid to the Grantor.
The Grantor agrees that in the event of sale hereunder, the Beneficiary shall have the right to bid thereat.
The Trustee may require the successful bidder at any sale to deposit immediately with the Trustee cash or
certified check in an amount not to exceed 25% of the bid, provided notice of such requirement is
contained in the advertisement of the sale. The bid may be rejected if the deposit is not immediately
made and thereupon the next highest bidder may be declared to be the purchaser. Such deposit shall be
refunded in case a resale is had; otherwise, it shall be applied to the purchase price.
Section 2.4. Performance by the Beneficiary on Defaults by the Grantor. If the Grantor shall
Default in the payment, performance or observance of any term, covenant or condition of this Deed of
Trust, the Beneficiary may, at its option, pay, perform or observe the same, and all payments made or
costs or expenses incurred by the Beneficiary in connection therewith, shall be secured hereby and shall
be, without demand, immediately repaid by the Grantor to the Beneficiary with interest thereon at the rate
provided in the Contract. The Beneficiary shall be the sole judge of the necessity for any such actions and
of the amounts to be paid. The Beneficiary is hereby empowered to enter and to authorize others to enter
upon the Mortgaged Property or any part thereof for the purpose of performing or observing any such
defaulted term, covenant or condition without thereby becoming liable to the Grantor or any person in
possession holding under the Grantor.
Section 2.5. Receiver. If an Event of Default shall have occurred and is continuing and such
Event of Default as to Events of Default occurring under Subsections 2.1 (b), (c) and (d) hereof continues
uncured for a period of 30 days or more after written notice of such Event of Default is given by the
Beneficiary to the Grantor, the Beneficiary, upon application to a court of competent jurisdiction, shall be
entitled as a matter of strict right without notice and without regard to the adequacy or value of any
security for the Indebtedness secured hereby or the solvency of any party bound for its payment, to the
appointment of a receiver or receivers to take possession of and to operate the Mortgaged Property and to
collect and apply the rents and issues thereof. The Grantor hereby irrevocably consents to such
appointment, provided the Grantor receives notice of any application therefor. Any such receiver or
receivers shall have all of the rights and powers permitted under the laws of the State and all the powers
and duties ofthe Beneficiary in case of entry as provided in Section 2.2(a), and shall continue as such and
exercise all such powers until the date of confirmation of sale of the Mortgaged Property unless such
receivership is sooner terminated. The Grantor will pay to the Beneficiary upon demand all reasonable
expenses, including receiver's fees, attomeys' fees, costs and agent's compensation, incurred pursuant to
the provisions of this Section; and all such expenses shall be secured by this Deed of Trust.
Section 2.6. Waiver of Appraisement, Valuation, Stay, Extension and Redemption Laws. The
Grantor agrees to the full extent permitted by law, that in case of a Default hereunder, neither the Grantor
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nor anyone claiming through or under it shall or will set up, claim or seek to take advantage of any
appraisement, valuation, stay, extension, homestead, exemption or redemption laws now or hereafter in
force, in order to prevent or hinder the enforcement or foreclosure of this Deed of Trust, or the absolute
sale of the Mortgaged Property, or the final and absolute putting into possession thereof, immediately
after such sale, of the purchasers thereat, and the Grantor, for itself and all who may at any time claim
through or under it, hereby waives to the full extent that it may lawfully so do, the benefit of all such
laws, and any and all right to have the assets comprised in the security intended to be created hereby
marshalled upon any foreclosure of the lien hereof.
Section 2.7. Leases. The Beneficiary and the Trustee, or either of them, at their option and to
the extent permitted by law, are authorized to foreclose this Deed of Trust and such right supercedes any
rights of any tenants of the Mortgaged Property, and the failure to make any such tenants parties to any
such foreclosure proceedings and to foreclose their rights will not be, nor be asserted to be by the Grantor,
a defense to any proceedings instituted by the Beneficiary and the Trustee to collect the sums secured
hereby.
Section 2.8. Discontinuance of Proceedings and Restoration of the Parties. In case the
Beneficiary and the Trustee, or either of them, shall have proceeded to enforce any right, power or
remedy under this Deed of Trust by foreclosure, entry or otherwise, and such proceedings shall have been
discontinued or abandoned for any reason, or shall have been determined adversely to the Beneficiary and
the Trustee, or either of them, then and in every such case the Grantor and the Beneficiary and the
Trustee, and each of them, shall be restored to their former positions and rights hereunder, and all rights,
powers and remedies of the Beneficiary and the Trustee, and each of them, shall continue as if no such
proceeding had been taken.
Section 2.9. Remedies Not Exclusive. Subject to Article XII of the Contract, the Trustee and
the Beneficiary, and each of them, shall be entitled to enforce payment and performance of any
Indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust
or any other agreement securing or relating to the Indebtedness secured hereby or any laws now or
hereafter in force, notwithstanding some of the Indebtedness and obligations secured hereby may now or
hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise.
Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to
the power of sale or other powers herein contained, shall prejudice or in any manner affect the Trustee's
or the Beneficiary's right to realize upon or enforce any other security now or hereafter held by the
Trustee or the Beneficiary, it being agreed that the Trustee and the Beneficiary, and each of them, shall be
entitled to enforce this Deed of Trust and any other security now or hereafter held by the Beneficiary or
the Trustee in such order and manner as they or either of them may in their absolute discretion determine.
No remedy herein conferred upon or reserved to the Trustee or the Beneficiary is intended to be exclusive
of any other remedy herein or by law provided or preclusive of any other remedy herein or by law
provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by
any instrument securing or relating to the Indebtedness secured hereby to the Trustee or the Beneficiary or
to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from
time to time and as often as may be deemed expedient by the Trustee or the Beneficiary and either of
them may pursue inconsistent remedies.
Section 2.1 0. Waiver. No delay or omission of the Beneficiary or the Trustee to exercise any
right, power or remedy accruing upon any Default shall exhaust or impair any such right, power or
remedy or shall be construed to be a waiver of any such Default, or acquiescence therein; and every right,
PP AB 28590 19v2
072015a HC BOC Page 75
power and remedy given by this Deed of Trust to the Beneficiary and the Trustee, and each of them, may
be exercised from time to time and as often as may be deemed expedient by the Beneficiary and the
Trustee, and each of them. No consent or waiver, expressed or implied, by the Beneficiary to or of any
breach or Default by the Grantor in the performance of the obligations thereof hereunder shall be deemed
or construed to be a consent or waiver to or of any other breach or Default in the perfonnance of the same
or any other obligations of the Grantor hereunder. Failure on the part of the Beneficiary to complain of
any act or failure to act or to declare an Event of Default, irrespective of how long such failure continues,
shall not constitute a waiver by the Beneficiary of its rights hereunder or impair any rights, powers or
remedies consequent on any breach or Default by the Grantor.
Section 2.11. Suits to Protect the Mortgaged Property. The Beneficiary and the Trustee, and
each of them, shall have the power (a) to institute and maintain such suits and proceedings as they may
deem expedient to prevent any impairment of the Mortgaged Property by any acts which may be unlawful
or in violation of this Deed of Trust, with notice of commencement of such suits and proceedings to be
given to the Grantor, (b) to preserve or protect their interest in the Mortgaged Property and in the rents
and issues arising therefrom, and (c) to restrain the enforcement of or compliance with any legislation or
other governmental enactment, rule or order that may be unconstitutional or otherwise invalid, if the
enforcement of or compliance with such enactment, rule or order would impair the security hereunder or
be prejudicial to the interest of the Beneficiary.
Section 2.12. Beneficiary May File Proofs of Claim. In the case of any receivership,
insolvency, bankruptcy, reorganization, arrangement, adjustment, composition or other proceedings
affecting the Grantor, its creditors or its property, the Beneficiary, to the extent permitted by law, shall be
entitled to file such proofs of claim and other documents as may be necessary or advisable in order to
have the claims of the Beneficiary allowed in such proceedings for the entire amount due and payable by
the Grantor under this Deed of Trust at the date of the institution of such proceedings and for any
additional amount which may become due and payable by the Grantor hereunder after such date.
ARTICLE III
Section 3.1. Successors and Assigns. This Deed of Trust shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, legal representatives, successors and
assigns. Whenever a reference is made in this Deed of Trust to the Grantor, the Trustee or the
Beneficiary such reference shall be deemed to include a reference to the heirs, executors, legal
representatives, successors and assigns of the Grantor, the Trustee or the Beneficiary, respectively.
Section 3.2. Terminology. All personal pronouns used in this Deed of Trust whether used in
the masculine, feminine or neuter gender, shall include all other genders; the singular shall include the
plural, and vice versa. Titles and Articles are for convenience only and neither limit nor amplify the
provisions of this Deed of Trust itself, and all references herein to Articles, Sections or subsections
thereof, shall refer to the corresponding Articles, Sections or subsections thereof, of this Deed of Trust
unless specific reference is made to such Articles, Sections or subsections thereof of another document or
instrument.
Section 3.3. Severability. If any provision of this Deed of Trust or the application thereof to
any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Deed of
Trust and the application of such provisions to other persons or circumstances shall not be affected
thereby and shall be enforced to the greatest extent permitted by law.
PPAB 2859019v2
072015a HC BOC Page 76
Section 3.4. Applicable Law and Jurisdiction. This Deed of Trust shall be interpreted,
construed and enforced according to the laws of the State. The exclusive forum and venue for all actions
arising out of this Deed ofTrust are with the North Carolina General Court of Justice in Harnett County,
North Carolina or the U.S. District Court for the Eastern District of North Carolina. Any attempt to
contravene this Section shall be an express violation of this Deed of Trust.
Section 3.5. Notices, Demands and Request. All notices, demands or requests provided for or
permitted to be given pursuant to this Deed of Trust must be in writing and shall be deemed to have been
properly given or served by personal delivery or by depositing in the United States Mail, postpaid and
registered or certified return receipt requested, and addressed to the addresses set forth in the Contract.
All notices, demands and requests shall be effective upon personal delivery or upon being deposited in the
United States Mail. However, the time period in which a response to any notice, demand or request must
be given, if any, shall commence to run from the date of receipt of the notice, demand or request by the
addressee thereof. Rejection or other refusal to accept or the inability to deliver because of changed
address of which no notice was given shall be deemed to be receipt of the notice, demand or request sent.
By giving at least 30 days written notice thereof, the Grantor, the Trustee or the Beneficiary shall have the
right from time to time and at any time during the term of this Deed of Trust to change their respective
addresses and each shall have the right to specify as its address any other address within the United States
of America.
Section 3.6. Appointment of Successor to the Trustee. The Beneficiary shall at any time have
the irrevocable right to remove the Trustee herein named without notice or cause and to appoint a
successor thereto by an instrument in writing, duly acknowledged, in such form as to entitle such written
instrument to be recorded in this State, and in the event of the death or resignation of the Trustee named
herein, the Beneficiary shall have the right to appoint a successor thereto by such written instrument, and
any the Trustee so appointed shall be vested with the title to the Mortgaged Property and shall possess all
the powers, duties and obligations herein conferred on the Trustee in the same manner and to the same
extent as though such were named herein as the Trustee.
Section 3.7. Trustee's Powers. At any time, or from time to time, without liability therefor and
without notice, upon written request of the Beneficiary and presentation of this Deed of Trust, and
without affecting the personal liability of any person for payment of the Indebtedness secured hereby or
the effect of this Deed of Trust upon the remainder of the Mortgaged Property, the Trustee may
(1) reconvey any part of the Mortgaged Property, (2) consent in writing to the making of any map or plat
thereof, (3) join in granting any easement therein, or ( 4) join in any extension agreement or any
agreement subordinating the lien or charge hereof.
Section 3.8. Beneficiary's Powers. Without affecting the liability of any other person liable for
the payment of any obligation herein mentioned, and without affecting the lien or charge of this Deed of
Trust upon any portion of the Mortgaged Property not then or theretofore released as security for the full
amount of all unpaid obligations, the Beneficiary may, from time to time and without notice (1) release
any person so liable, (2) extend the maturity or alter any of the terms of any such obligation, (3) grant
other indulgences, ( 4) cause to be released or reconveyed at any time at the Beneficiary's option, any
parcel, portion or all of the Mortgaged Property, (5) take or release any other or additional security for
any obligation herein mentioned, or (6) make compositions or other arrangements with debtor in relation
thereto. The provisions of Section 45-45.1 of the General Statutes of North Carolina, as amended, or any
similar statute hereafter enacted in replacement or in substitution thereof shall be inapplicable to this
Deed ofTrust.
PP AB 28590 I9v2
072015a HC BOC Page 77
Section 3.9. Accepta11ce by Trustee. The Trustee accepts this Trust when this Deed of Trust,
duly executed and acknowledged, is made of public record as provided by law.
Section 3.1 0. Miscellaneous. The covenants, terms and conditions herein contained shall bind,
and the benefits and powers shall inure to the respective heirs, executors, administrators, successors and
assigns of the parties hereto. Whenever used herein, the singular number shall include the plural, the
plural the singular, and the term "Beneficiary" shall include any payee of the indebtedness hereby
secured and any transferee or assignee thereof, whether by operation of law or otherwise.
Section 3.11. Waiver of Rights. By execution of this Deed of Trust and to the extent permitted
by law, the Grantor expressly: (1) acknowledges the right to accelerate the Indebtedness and the power of
sale given herein to the Trustee to sell the Mortgaged Property by non-judicial foreclosure upon default
by the Grantor and without any notice other than such notice (if any) as is specifically required to be
given by law or under the provisions of this Deed of Trust; (2) waives any and all rights of the Grantor to
appraisement, dower, curtsey and homestead rights to the extent permitted by applicable law;
(3) acknowledges that the Grantor has read this Deed of Trust and any and all questions regarding the
legal effect of this Deed of Trust and its provisions have been explained fully to the Grantor and the
Grantor has consulted with counsel or its choice prior to executing this Deed of Trust; and
(4) acknowledges that all waivers of the aforesaid rights of the Grantor have been made knowingly,
intentionally and willingly by the Grantor as part of a bargained for transaction.
[SIGNATURE PAGE BEGINS ON THE FOLLOWING PAGE]
PPAB 2859019v2
072015a HC BOC Page 78
IN WITNESS WHEREOF, the Grantor has caused this Deed of Trust to be executed under seal
the day and year first above written.
[SEAL]
COUNTY OF HARNETT, NORTH CAROLINA
By: ____________________________ __
Joseph Jeffries
County Manager
ATTEST:
Margaret Regina Wheeler
Clerk to the Board of Commissioners
County of Harnett, North Carolina
STATE OF NORTH CAROLINA )
)
COUNTY OF HARNETT )
I, a Notary Public of the County and State aforesaid, certify that Margaret Regina Wheeler
(the "'Signatory'') personally came before me this day and acknowledged that she is the Clerk to the Board
of Commissioners (the "Board'') for the County of Harnett, North Carolina (the "County'') and that by
authority duly given and as the act of the County, the foregoing instrument was signed in its name by the
County Manager of the County and attested by her as Clerk to the Board.
I certify that the Signatory personally appeared before me this day, and
(check one ofthefollowing)
_____ (I have personal knowledge of the identity of the Signatory); or
_____ (I have seen satisfactory evidence of the Signatory's identity, by a current state or
federal identification with the Signatory's photograph in the form of:
(check one of the following)
a driver's license or
~~furm~ ;M
-----(a credible witness has sworn to the identity of the Signatory).
The Signatory acknowledged to me that she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated.
Witness my hand and official stamp or seal, this the _____ day of August, 2015.
Notary Public
Print: Name: __________________ _
[Note: Notary Public must sign exactly as on notary seal]
My Commission Expires: ______________ _
~·[NOTARY SEAL] (MUST BE FULLY LEGIBLE)
PPAB 2859019v2
072015a HC BOC Page 79
EXHIBIT A
REAL PROPERTY DESCRIPTION
Lying and being situate in Harnett County, North Carolina, and being more particularly described
as follows:
[To be inserted]
A-1
PPAB 2859019v2 072015a HC BOC Page 80
EXHIBITB
PERMITTED ENCUMBRANCES
Items shown on Schedule B to the Loan Title Insurance Policy provided by Chicago Title
Insurance Company pursuant to Commitment No. '----------.J
B-1
PPAB 2859019v2 072015a HC BOC Page 81
AGENDA ITEM 6
JULY 20, 2015 APPOINTMENTS NEEDED
ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE
Madrian Bryan has expressed interest in being appointed to serve on this committee. (application
attached)
We need ten additional members appointed to serve on this committee. Members receive mileage
reimbursement as claimed.
EASTERN CAROLINA REGIONAL HOUSING AUTHORITY
Yolanda Massey has expressed interest in serving on the Eastern Carolina Regional Housing
Authority Board of Commissioners.
HARNETT COUNTY PUBLIC FACILITIES CORP. BOARD OF DIRECTORS
We have a vacancy for an at-large member on this board.
HARNETT NURSING HOME COMMUNITY ADVISORY COMMITTEE
Madrian Bryan has expressed interest in being appointed to serve on this committee. (application
attached)
We need four additional members appointed to serve on this committee.
This to to
IDSTORIC PROPERTIES COMMISSION
We currently have vacancies for regular members in Districts 2 and 5 as well as vacancies for
alternate members on this commission.
JURY COMMISSION
Edith Cox has expressed interest in being reappointed to serve on this commission.
Page 1 -Appointments
072015a HC BOC Page 82
APPLICATION TO SERVE ON A BOARD APPOINTED BY THE
HARNETT COUNTY BOARD OF COMMISSIONERS
-
ADDRESS: \'1
\\J\c~_\~ l~~ ·-2l1' ·~~ S \oq/
VOTING DISTRICT: {Please check district numb·e~ in~hich you live):
D District 1, Commissioner Hill's D District 4, Commissioner Springle's
@District 2, Commissioner~s a l\1,0~ D District 5, Commissioner Miller's
D District 3, Commissioner Burgin's
TELEPHONE: (HOME) CWORK) ________________ _
PRESENTOCClPATIONc )Ut,W=z,~ QnJ ~d:::
YEARSOFFORMALEDUCATION: L\~ Nes~k :J-= s-T:tA
CIVIC AND FRATERNAL ORGANIZATIONS IN WHICH YOU HAVE PARTICIPATED:
PLEASE TELL WHY YOU WOULD LIKE TO SERVE ON THE ABOVE LISTED BOARD:
DATE: f {b)~ )6
****************************************
FOR OFFICE USE ONLY:
DATE RECEIVED: __ --f-7_-_,/e'----.!)"""".)!__-=-t~f-I.'U~---------------------------
DATE FORWARDED TO COUNTY COMMISSIONERS: --------------
072015a HC BOC Page 83
APPLICATION TO SERVE ON A BOARD APPOINTED BY THE
HARNETT COUNTY BOARD OF COMMISSIONERS
BOARD: ------'~'-----'-\+--=Clct___,_\:(,.~--'--'-'\-}m.~tj.c__~Ctm~~mDvJ~..:._:_I }1_--+f-----
NAME: \.lA0-~(;1.,\r\ ~~
ADDRE~s:·]~,c~ -02 ~d Ln
}v{a_~a\ ~311l ?arYB.t--f<Si--101--d-.63
VOTING'ffiSTRICT: (Please check distn'c-t1umber in which you live):
Lin~ NC. ;;'036~
~iJovd k AJC c!393$f
D District 1, Commissioner Hill's D District 4, Commissioner Springle's
G}bistrict 2, Commissioner~'s ta V\40irC D District 5, Commissioner Miller's
D District 3, Commissioner Burgin's
TELEPHONE: (HOME) 9i0 otX3 7'6(1 (WORK)--------
PRESENT OCCUPATION: ---l~,I.L.LI.'-""~~,:L· '=..:.:J-==J--.;:::{)A1.:.:..:_d...:......:6=ihJL!!...:::ck&-,~L.I....c+!..__ _____ _
YEARS OF FORMAL EDUCATION' /I fj<@_ K (£ (!jyy--h ()"-S c-h Od/
CIVIC AND FRATERNAL ORGANIZATIONS IN WHICH YOU HAVE PARTICIPATED:
J?Wf> 1 bA-V
PLEASE TELL WHY YOU WOULD LIKE TO SERVE ON THE ABOVE LISTED BOARD:
****************************************
FOR OFFICE USE ONLY:
DATE RECEIVED: ---1-'J_-_,.l,"'-----'-/_t)L..___JQ""'l!/lfl,.l,AI.LJ-------------
DATE FORWARDED TO COUNTY COMMISSIONERS: -------------
072015a HC BOC Page 84
PAT MCCRORY
GovER); OR
April 23, 2015
Mr. Eric K. Truesdale
Post Office Box 1501
Angier, North Carolina 27501
Dear Mr. Truesdale:
STATE OF NORTH CAROLINA
OFFICE oF THE GovERNOR
Agenda Item----=----
It gives me great pleasure to appoint you to serve as a member of the Governor's Working Group
on Veterans, Service Members and their Families. Pursuant to the authority granted to me by North
Carolina Executive Order 49, your term will begin immediately and will expire December 31,
2017.
North Carolina is moving forward. Your service will have an immediate and positive impact upon
the changes we are making in our state. We need leaders such as you in public service to help
promote our vision and realization of a better North Carolina.
Thank you for your willingness to serve in this capacity. I am grateful for citizens like you who
give their time and talent to serve the State of North Carolina.
Sincerely,
~!!~
Governor ofNorth Carolina
Copy: Lieutenant Governor Dan Forest
The Honorable Phil Berger
The Honorable Tim Moore
Denise Weeks, House Principal Clerk
Sarah Lang, Senate Principal Clerk
State Ethics Commission
Legislative Library
20301 MAIL SERVICE CE;>;TER. RALEIGH, NC 27699-0301 • TELEPHO!'/E: 919-814-2000
WWW .GOVER:\OR.STATE.KC.CS
072015a HC BOC Page 85
pAT :\1cCRORY
GOVER:-.: OR
STATE OF NORTH CAROLINA
OFFICE OF THE GovERNOR
I, EricK. Truesdale, do solemnly swear (affirm) that I will support the Constitution of the
United States.
I, EricK. Truesdale, do solemnly swear (affirm) that I will be faithful and bear true
allegiance to the State of North Carolina, and to the constitutional powers and authorities
which are or may be established for the government thereof, and that I will endeavor to
support, maintain and defend the Constitution of said state, not inconsistent with the
Constitution of the United States.
I, EricK. Truesdale, do solemnly swear (affirm) that I will well and truly execute the
duties of my office as a member of the Governor's Working Group on Veterans, Service
Members and their Families according to the best of my skill and ability, according to
law, so help me God.
Eric K. Truesdale
_________ County, NC
Sworn to and subscribed before me, this
the day of , 20_
Signature
Print
My Commission expires on __ _
20301 MAIL SERVICE CE:.:TER. RALEIGH, NC 27699-0301. TELEPHO:\'E: 919-814-2000
WWW .GOVER:--;OR .STATE.~C.US 072015a HC BOC Page 86
$sfaf:t nf
PAT McCRORY
GOVERNOR
arnliua
Certificate of Jlppointment
Por service to tlie qreat State of :Nortli Carofina
CEric ~ tT rues daCe
:M.em6er, qovemor's WorR.jng qroup on 'Veterans,
Service :M.em6ers ana tlieir Pamifies
I liave fiereunto set my Iiana ana ajfixp[ tlie qreat Sea[ of
tfie State of :JVortfi Carofina at tfie capita[ in ~afeigfi, on
tfiis d'ate, )1_pril23, 2015.
072015a HC BOC Page 87
Agenda Item _--!liS ____ _
NOTICE OF A PUBLIC HEARING REGARDING THE FINANCINt,.
OF CERTAIN BUILDING ADDITION FOR BOONE TRAIL EMERGENCY SERVICES
WITH THE PROCEEDS OF TAX-EXEMPT DEBT
NOTICE IS HEREBY GIVEN to all interested parties that the Boone Trail Emergency Services, a
nonprofit corporation organized under the laws of the State of North Carolina (the "Borrower"), has determined to
enter into an installment fmancing agreement (the "Agreement") with BB&T. Such Agreement will provide for a
loan to the Borrower in an aggregate principal amount not to exceed $400,000, the interest on which will be
excludible from gross income for federal income tax purposes, to pay the costs of building an addition (the
"Addition") to their facility and, if applicable, to pay certain expenses incurred in connection with the delivery of the
Agreement.
The Addition will be located at 7016 US Hwy 421, Lillington, North Carolina, and will be owned and
operated by the Borrower. The maximum aggregate principal amount to be borrowed in connection therewith is
$400,000.
NOTICE IS HEREBY GIVEN that the Board of Commissioners of the County of Harnett, North
Carolina, will hold a public hearing at 102 E. Front Street, Lillington, North Carolina, on July 20, 2015 at 7:00 p.m.,
at which time any person may be heard regarding the proposed delivery of the Agreement and the nature and
location of the Addition financed with proceeds thereof. All interested parties are invited to present comments at the
public hearing regarding the proposed delivery of the Agreement and the location and nature of the Addition
financed with proceeds thereof.
Any person wishing to comment in writing regarding the proposed delivery of the Agreement and the
location and nature of the Addition financed with proceeds thereof should do so within 14 days after the date of
publication of this notice to the County of Harnett, North Carolina, 102 E. Front Street, Lillington, North Carolina
27546, Attention: Clerk to the Board of Commissioners.
Published: July 6, 2015
By: /s/ Margaret Regina Wheeler
Clerk to the Board of Commissioners
County of Harnett, North Carolina
072015a HC BOC Page 88
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Harnett County Department of Public Healt Agenda Item J I
Activities Summary
updated 06/08/2015
072015a HC BOC Page 90
Agenda Item I (
PLANNING SERVICES REPORT
072015a HC BOC Page 91
2
Table of Contents
I. Revenue Breakdown
Inspections:
Inspection Revenue…………………………………………………………………….….3
Planning:
Activity Report…………………………….……………………………………….………..4
Planning Revenue…………………………….……………………………….……………9
Cell Tower Revenue…………………………………………………………….…….…..10
Recreational Fees……………………………………………………………….…….…..11
A.M.P.I. ……………………………………………………………………………….…....12
Environmental Health:
E-Health Revenue…………………………………………………………………….…...13
Food & Lodging Revenue………………………………………………………………....14
Public Utilities:
Public Utilities Revenue……………………………………………………………..…….15
Fire Marshall:
Fire Marshall Revenue……………………………..………………………………….…..16
II. Applications & Permits
Permits:
Permits Issued By Month………………….…….…………………………………..…....17
Permits by SFH/Manufactured Homes…………………………………………………..18
Valuations:
Permit Valuations……………………………….…………………………….….…….…..19
III. Township Information:
Recreational Fee ……………………………………………………………………………..….....20
Lots…………………………………….….……………………………………………………..……21
Applications………………….……….………………………………………………………..…....22
072015a HC BOC Page 92
3
FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
$-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total
FY 08-09 $100,391 $57,218 $60,319 $46,249 $51,961 $30,566 $33,723 $58,632 $99,530 $98,338 $73,324 $67,868 $778,119
FY 09-10 $86,771 $66,489 $93,014 $81,537 $61,148 $92,292 $81,129 $67,281 $103,548 $100,216 $79,804 $69,365 $982,594
FY 10-11 $87,913 $76,715 $58,124 $88,071 $101,297 $74,283 $71,218 $84,997 $80,399 $95,521 $187,293 $93,581 $1,099,412
FY 11-12 $80,637 $118,971 $122,574 $81,479 $85,075 $56,285 $71,908 $91,662 $83,841 $84,000 $113,049 $106,431 $1,095,912
FY 12-13 $125,159 $96,940 $79,878 $96,342 $92,119 $81,678 $130,365 $124,565 $82,768 $118,398 $111,644 $104,006 $1,243,862
FY 13-14 $127,150 $112,368 $61,868 $78,174 $61,113 $40,752 $94,942 $62,630 $89,368 $87,892 $104,572 $73,937 $994,766
FY 14-15 $84,601 $57,816 $66,542 $68,157 $53,422 $91,821 $70,415 $50,843 $92,279 $77,799 $108,736 $88,135 $910,566
Inspection Revenue
FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
Angier and Lillington are not included
in this dataset. Angier contracts with
HC Inspections at $2,083 monthly.
Lillington at $2,333 monthly.
072015a HC BOC Page 93
4
Planning Activity Report For June 2015
Board Of Adjustments
Appeal Cell Tower Swmh / Dwmh PUD Commercial Variance Total
Monthly 2 3 5
Year To Date 1 1 10 0 17 2 31
Recreational Fees For Major Subdivisions
Townships Total For Month Year To Date Total (since f.y. 06)
Anderson Creek $ - $ 27,000.00 $ 990,500.00
Averasboro $ - $ - $ 6,500.00
Barbecue $ - $ 17,000.00 $ 352,000.00
Black River $ - $ - $ 29,500.00
Buckhorn $ - $ - $ -
Duke $ - $ - $ -
Grove $ - $ - $ -
Hectors Creek $ - $ - $ 67,000.00
Johnsonville $ - $ - $ 191,500.00
Lillington $ - $ - $ -
Neills Creek $ - $ - $ -
Stewarts Creek $ - $ - $ 77,500.00
Upper Little River $ - $ - $ 49,000.00
Totals $ - $ 44,000.00 $ 1,763,500.00
Preliminary Major Subdivisions
Townships Number Of Subdivisions By Month Number of Lots By Month YTD
Anderson Creek Approved 1 65 182
Reviewed & Placed On Hold 0
Averasboro Approved 0
Reviewed & Placed On Hold 1
Barbecue Approved 1
Reviewed & Placed On Hold 0
Black River Approved 32
Reviewed & Placed On Hold 0
Buckhorn Approved 0
Reviewed & Placed On Hold 0
Duke Approved 0
Reviewed & Placed On Hold 0
Grove Approved 0
Reviewed & Placed On Hold 0
Hectors Creek Approved 93
Reviewed & Placed On Hold 0
Johnsonville Approved 37
Reviewed & Placed On Hold 0
Lillington Approved 0
Reviewed & Placed On Hold 0
Neills Creek Approved 0
Reviewed & Placed On Hold 0
Stewarts Creek Approved 0
Reviewed & Placed On Hold 0
Upper Little River Approved 0
Reviewed & Placed On Hold 0
Preliminary Major Subdivision Totals
Monthly
Number Of Subdivisions Number Of Lots
Approved 1 65
Reviewed & Placed On Hold 0 0
Year To Date
Number Of Subdivisions Number Of Lots
Approved 8 345
Reviewed & Placed On Hold 0 0
072015a HC BOC Page 94
5
Final Major Subdivisions
Townships Number Of Subdivisions
Number of Lots By
Month YTD
Anderson Creek Approved 1 78 242
Reviewed & Placed On Hold 0
Averasboro Approved 0
Reviewed & Placed On Hold 0
Barbecue Approved 0
Reviewed & Placed On Hold 0
Black River Approved 0
Reviewed & Placed On Hold 1 20 20
Buckhorn Approved 0
Reviewed & Placed On Hold 0
Duke Approved 0
Reviewed & Placed On Hold 0
Grove Approved 0
Reviewed & Placed On Hold 0
Hectors Creek Approved 16
Reviewed & Placed On Hold 0
Johnsonville Approved 0
Reviewed & Placed On Hold 0
Lillington Approved 0
Reviewed & Placed On Hold 7
Neills Creek Approved 0
Reviewed & Placed On Hold 0
Stewarts Creek Approved 0
Reviewed & Placed On Hold 0
Upper Little River Approved 2
Reviewed & Placed On Hold 0
Final Major Subdivision Totals
Monthly
Number Of Subdivisions Number Of Lots
Approved 1 78
Reviewed & Placed On Hold 1 20
Year To Date
Number Of Subdivisions Number Of Lots
Approved 5 260
Reviewed & Placed On Hold 1 20
Minor Subdivisions
Monthly Number Of Subdivisions Number Of Lots
Approved 8 13
Year To Date Number Of Subdivisions Number Of Lots
Approved 70 108
072015a HC BOC Page 95
6
Exempt Subdivisions
Monthly Number Of Subdivisions Number Of Lots
Approved 10 15
Year To Date Number Of Subdivisions Number Of Lots
Approved 149 250
Flood Zone Permits Issued
Monthly 0
Year To Date 0
Zoning Inspections
Monthly 49
Year To Date 376
Manufactured Home Park License Issued
Monthly Number Of Parks Number Of Lots
Approved 10 130
Year To Date Number Of Parks Number Of Lots
Approved 100 1889
Manufactured Home Park Inspections
Monthly Number Of Inspections 15
Year To Date Number of Inspections 229
Rezoning Requests
Monthly
Type Of Request P.B. Action C.C. Action
1
Conservation To RA-
30 1 Approved Approved 1
Denied Tabled
Year To Date
Total Number Of Requests P.B. Action C.C. Action
5 4 Approved Approved 4
1 Denied Tabled 1
Text Amendments/Ordinances
Monthly 0
Year To Date 6
Violations
Monthly Complaints Resolved Pending
4 2 2
Year To Date Complaints Resolved Pending
59 19 40
Commercial Site Plan Reviews
Monthly 2
Year To Date 27
Abandoned Mobile Home Project Initiative (A.M.P.I)
Monthly
S.W.M.H. D.W.M.H. TOTALS
Contracts 1 1
Removed 2 2
Year To Date
S.W.M.H. D.W.M.H. TOTALS
Contracts 12 1 13
Removed 9 1 10
072015a HC BOC Page 96
7
Special Project Activity
June 2015
New
On June 23rd, the Advisory Committee for the new Harnett County Comprehensive Land Use and Economic
Development Strategic Plan met with County staff and our consulting team to discuss the progress of the plan.
After the Advisory Committee met, there was a public drop-in session where approximately 25 Harnett County
citizens attended to learn about the plan and give feedback. This was the second public drop-in session
concerning this Plan.
Ongoing
In respect to a NC Wildlife Resources Grant received by the County, Planning Staff is working with our specific
contractors for each portion of the grant as well as providing hard data for their use. Land Design, Inc. is approximately
80% complete on their tasks of interactive mapping and key area location. We anticipate both portions of this process to
be complete within 4 months. This grant has helped us parlay these resources into the proposed Land Use Plan.
Staff Reviewing Commercial Site Plans for:
New
1. Independence Montessori School
2. Anderson Creek Club Pool & Clubhouse
Ongoing
3. South River EMC Substation
4. Building Blocks Daycare-Expansion
5. Campbell Pointe Townhomes Phase II & III (77 units)
6. Hodges Chapel Church - expansion
7. Strickland’s Repair
Hold
Development of the Problem Properties Task Force (No funding approved for FY:2014)
072015a HC BOC Page 97
8
Upcoming
Harnett County Planning Board Meeting:
Monday, July 6, 2015
NO Meeting
Harnett County Board of Adjustment Meeting:
Monday, July 13, 2015
Conditional Use
1. BA-CU-18-15. Bradley, Janice Eason; A Singlewide Manufactured Homes in an RA-30 Zoning District;
Stewart’s Creek Township; Pin # 0576-61-6409.000; SR # 2024 (Covington Road).
2. BA-CU-19-15. Yarbrough David & Phyllis / Jeremy & Tammy Simpson. A Singlewide Manufactured Home
in an RA-30 Zoning District; Upper Little River Township; Pin # 0602-20-4797.000; SR # 1265 (Cool Springs
Road).
3. BA-CU-20-15. Smith, Debra McDougald & Mona McDougald / Debra McDougald Smith; A Doublewide
Manufactured Home in an RA-30 Zoning District; Upper Little River Township; Pin # 0517-69-6554.000; Hwy
27 West.
4. BA-CU-21-15. Walker, Fonnie B. / Stacey Walker. A Car Shelter for Existing Funeral Home in an RA-20R
Zoning District; Lillington Township; Pin # 0559-04-9188.000; SR # 1135 (Irene Roberts Road).
5. BA-CU-22-15. Corbin, Mary Inez B Trust C/O Oscar N Harris, Trustee; Joseph Wayne Corbin; Amber Jean
Corbin / Hanson Aggregates Southeast, LLC; Expansion of Existing Sand and Gravel Mine; RA-40 &
Conservation Zoning District; Stewart’s Creek Township; Pin # ‘s 0595-17-4768.000; 0585-85-1846.000; 0596-
00-7943.000; 0585-87-0738.000; 0585-69-6383.000; 0585-66-7742.000; 0585-88-3662.000; 0585-74-
5981.000; SR # 1779 (Beaver Dam Road).
072015a HC BOC Page 98
9
FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
$-
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total
FY 08-09 $12,870 $10,532 $8,367 $16,615 $7,130 $4,317 $3,690 $12,170 $10,095 $9,875 $6,743 $6,790 $109,194
FY 09-10 $14,052 $8,355 $7,438 $11,755 $10,365 $8,095 $6,350 $9,575 $10,285 $12,455 $9,250 $8,370 $116,345
FY 10-11 $12,540 $7,980 $7,960 $12,205 $9,430 $7,230 $11,445 $7,850 $12,160 $9,880 $8,985 $8,860 $116,525
FY 11-12 $6,189 $35,772 $7,930 $9,305 $7,904 $7,745 $7,854 $12,517 $8,788 $10,035 $8,262 $13,917 $136,218
FY 12-13 $10,322 $10,414 $11,068 $10,615 $8,635 $7,243 $10,521 $10,539 $13,451 $16,832 $12,750 $7,033 $129,423
FY 13-14 $4,934 $5,470 $11,157 $7,156 $8,598 $8,791 $5,552 $11,063 $17,782 $10,291 $13,852 $6,160 $110,806
FY 14-15 $8,736 $6,978 $11,782 $9,902 $10,129 $9,818 $7,956 $5,393 $7,991 $29,870 $13,402 $13,404 $135,361
Planning Fees
FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
Angier is not included in this
dataset. Angier contracts with HC
Planning at $1,833 monthly.
072015a HC BOC Page 99
10
FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
$-
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
$160,000
$180,000
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total
FY 08-09 $8,750 $-$-$-$6,000 $-$-$-$-$4,500 $4,500 $-$23,750
FY 09-10 $-$-$-$-$-$4,300 $-$4,500 $49,500 $-$-$4,250 $62,550
FY 10-11 $4,500 $-$-$-$-$-$4,500 $-$-$-$-$-$9,000
FY 11-12 $-$15,000 $-$-$5,000 $-$-$-$-$4,500 $4,500 $-$24,500
FY 12-13 $13,500 $4,500 $-$4,500 $40,000 $20,000 $18,500 $10,000 $5,000 $28,000 $20,000 $-$164,000
FY 13-14 $11,500 $1,000 $28,000 $6,500 $1,000 $2,000 $2,000 $1,000 $5,000 $3,000 $2,000 $4,000 $67,000
FY 14-15 $-$-$5,000 $8,000 $1,000 $-$1,000 $1,000 $1,000 $-$-$3,000 $20,000
Cell Tower Fees
No cell tower fees were tracked prior to February of 02-03
FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
072015a HC BOC Page 100
11
FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY
Total
FY 08-09 $-$18,50 $-$-$5,500 $-$-$40,00 $-$71,00 $10,50 $57,50 $203,0
FY 09-10 $-$96,50 $15,00 $-$500 $-$15,00 $-$30,50 $-$9,500 $17,00 $184,0
FY 10-11 $-$20,00 $49,50 $-$5,500 $-$-$15,50 $23,00 $21,50 $-$13,00 $148,0
FY 11-12 $35,50 $-$-$35,00 $16,00 $-$92,00 $21,00 $129,0 $13,50 $500 $19,50 $362,0
FY 12-13 $-$55,00 $30,50 $3,500 $67,50 $11,00 $4,500 $-$-$15,00 $28,00 $-$215,0
FY 13-14 $7,500 $6,500 $59,00 $-$-$-$8,500 $-$-$26,50 $-$12,00 $120,0
FY 14-15 $18,00 $-$-$-$-$-$-$-$27,00 $-$-$-$45,00
Recreational Fees
No recreational fees were tracked prior to October of FY 06-07
FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
072015a HC BOC Page 101
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FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
$-
$2,000
$4,000
$6,000
$8,000
$10,000
$12,000
$14,000
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total
FY 08-09 $500 $810 $500 $1,979 $1,578 $1,972 $1,023 $648 $666 $1,303 $2,299 $668 $13,946
FY 09-10 $1,666 $561 $740 $1,964 $350 $-$868 $-$1,885 $1,600 $616 $-$10,249
FY 10-11 $1,359 $696 $1,050 $1,468 $1,035 $451 $958 $700 $584 $595 $721 $578 $10,195
FY 11-12 $-$250 $287 $-$-$-$-$-$350 $-$1,250 $-$2,137
FY 12-13 $1,576 $2,110 $52 $152 $1,022 $2,366 $2,071 $215 $-$-$70 $-$9,634
FY 13-14 $-$-$-$-$-$-$-$-$-$-$-$-$-
FY 14-15 $-$350 $298 $-$-$1,050 $550 $47 $1,625 $1,400 $723 $598 $6,641
Abandoned Manufactured Home Planning Initiative Fees
No A.M.P.I. fees were tracked prior to November of FY 05-06
FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
072015a HC BOC Page 102
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FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total
FY 08-09 $16,450 $14,475 $23,825 $9,750 $8,950 $6,925 $8,450 $10,175 $20,750 $12,775 $17,225 $15,650 $165,400
FY 09-10 $14,600 $14,900 $13,175 $10,600 $13,000 $9,600 $11,975 $18,375 $13,225 $16,975 $15,950 $13,875 $166,250
FY 10-11 $18,225 $11,075 $10,800 $7,000 $11,800 $5,300 $10,750 $11,675 $13,450 $10,400 $10,750 $16,100 $137,325
FY 11-12 $15,275 $22,525 $21,425 $26,650 $23,025 $11,175 $39,175 $21,550 $29,675 $23,700 $21,200 $32,150 $287,525
FY 12-13 $17,000 $31,250 $33,525 $18,450 $21,900 $19,450 $18,650 $58,425 $35,400 $30,150 $26,100 $22,075 $332,375
FY 13-14 $26,600 $30,775 $27,050 $22,750 $22,050 $22,800 $26,700 $19,900 $27,425 $25,225 $19,400 $28,350 $299,025
FY 14-15 $35,150 $17,850 $13,650 $24,900 $18,050 $11,050 $21,325 $27,675 $18,925 $20,225 $24,425 $30,900 $264,125
Enviromental Health Revenue
Based upon fees received & processed through Central Permitting
FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
072015a HC BOC Page 103
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FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
$-
$1,000
$2,000
$3,000
$4,000
$5,000
$6,000
$7,000
$8,000
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total
FY 08-09 $600 $800 $800 $400 $800 $800 $400 $200 $1,000 $600 $600 $200 $7,200
FY 09-10 $800 $1,100 $200 $400 $-$400 $600 $200 $-$200 $400 $400 $4,700
FY 10-11 $600 $400 $1,000 $300 $400 $-$400 $400 $700 $300 $400 $700 $5,600
FY 11-12 $200 $800 $400 $400 $400 $200 $300 $-$500 $-$200 $-$3,400
FY 12-13 $400 $400 $-$800 $-$-$200 $400 $200 $400 $500 $200 $3,500
FY 13-14 $200 $200 $200 $-$-$-$-$-$400 $600 $200 $500 $2,300
FY 14-15 $400 $200 $-$-$-$200 $200 $400 $200 $200 $-$200 $2,000
Food & Lodging Revenue
Based upon fees received & processed through Central Permitting
No food & lodging fees were tracked prior to August FY 07-08
FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
072015a HC BOC Page 104
15
FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
$-
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total
FY 08-09 $76,555 $33,430 $41,130 $50,815 $23,300 $27,385 $21,160 $33,840 $24,585 $31,190 $39,955 $47,210 $450,555
FY 09-10 $48,335 $57,700 $40,520 $50,505 $50,905 $20,420 $51,285 $31,880 $54,305 $67,815 $24,445 $68,095 $566,210
FY 10-11 $35,200 $55,910 $38,055 $27,785 $34,900 $39,370 $18,270 $26,620 $63,290 $49,315 $51,650 $42,925 $483,290
FY 11-12 $47,475 $54,145 $54,300 $54,385 $43,490 $36,430 $33,255 $44,425 $32,040 $30,275 $39,815 $35,445 $505,480
FY 12-13 $34,995 $28,260 $39,940 $43,990 $33,320 $24,520 $27,515 $36,535 $48,965 $22,640 $44,285 $28,060 $413,025
FY 13-14 $25,085 $35,825 $36,690 $43,500 $17,725 $13,775 $27,605 $22,555 $39,485 $37,925 $20,570 $47,270 $368,010
FY 14-15 $35,025 $39,440 $31,860 $40,345 $15,795 $13,535 $18,950 $15,700 $24,110 $28,360 $31,910 $41,255 $336,285
Plubic Utilities
FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
072015a HC BOC Page 105
16
FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
$0.00
$5,000.00
$10,000.00
$15,000.00
$20,000.00
$25,000.00
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY
Total
FY 08-09 $1,180 $1,160 $1,095 $1,285 $1,065 $380 $915 $940 $770 $1,155 $395 $725 $11,065
FY 09-10 $1,030 $1,455 $864 $2,118 $1,879 $2,508 $763 $897 $1,007 $2,313 $660 $1,949 $17,443
FY 10-11 $703 $1,106 $1,080 $1,346 $1,949 $2,461 $1,364 $1,907 $940 $1,059 $1,715 $542 $16,172
FY 11-12 $660 $2,181 $1,043 $615 $3,133 $4,235 $1,196 $1,407 $2,436 $581 $2,106 $1,337 $20,930
FY 12-13 $1,675 $1,534 $1,100 $835 $539 $702 $3,138 $693 $825 $1,193 $5,021 $1,279 $18,534
FY 13-14 $2,530 $1,594 $3,289 $1,722 $926 $725 $3,251 $862 $1,023 $650 $2,446 $741 $19,759
FY 14-15 $1,275 $1,745 $1,093 $1,370 $1,092 $783 $650 $1,327 $971 $1,203 $1,535 $1,912 $14,956
Fire Marshall Fees
Based upon fees received & processed through Central Permitting
FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
072015a HC BOC Page 106
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FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY12-13
FY 13-14
FY 14-15
0
500
1,000
1,500
2,000
2,500
3,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY
Total
FY 08-09 339 219 225 198 175 139 134 154 172 218 218 222 2,413
FY 09-10 242 219 274 305 188 209 218 200 231 290 290 234 2,900
FY 10-11 250 245 198 285 276 240 225 236 250 242 318 320 3,085
FY 11-12 192 250 207 197 223 160 172 222 218 219 222 275 2,557
FY12-13 265 241 219 210 199 182 254 251 201 267 259 235 2,783
FY 13-14 263 248 174 211 187 161 203 186 319 286 265 291 2,794
FY 14-15 298 227 188 200 183 250 213 143 278 294 303 285 2862
Permits Issued By Month
Includes Building, Electrical, Plumbing, Mechanical, Insulation, Manufactured Homes & Single Family Dwellings
FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY12-13
FY 13-14
FY 14-15
072015a HC BOC Page 107
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Permit Type July Aug Sept Oct Nov Dec Jan Feb March April May June Totals
Manufactured Home 10 17 7 7 15 5 6 12 12 19 19 19 148
Single-Family 50 36 48 32 35 83 41 21 75 42 87 51 601
Total 60 53 55 39 50 88 47 33 87 61 106 701 749
0
100
200
300
400
500
600
700
800
July Aug Sept Oct Nov Dec Jan Feb March April May June Totals
SFH and Manufactured Home Permits Issued FY14-15
Manufactored Home Single-Family Total
072015a HC BOC Page 108
19
FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
$-
$20,000,000
$40,000,000
$60,000,000
$80,000,000
$100,000,000
$120,000,000
$140,000,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total
FY 08-09 $12,691,631 $8,776,508 $5,220,612 $4,920,978 $5,369,579 $3,450,528 $5,649,131 $7,522,965 $9,077,151 $7,856,281 $8,725,777 $7,417,729 $86,678,870
FY 09-10 $11,379,224 $10,362,784 $10,638,492 $7,230,957 $9,428,102 $9,361,441 $8,443,143 $9,086,404 $8,810,094 $12,441,314 $9,830,598 $9,402,588 $116,415,141
FY 10-11 $11,252,733 $7,950,958 $8,345,311 $11,182,071 $10,872,478 $11,426,556 $8,228,678 $11,513,785 $14,305,568 $13,132,419 $13,407,863 $1,403,883 $123,022,303
FY 11-12 $11,473,930 $273,697 $9,121,214 $10,094,638 $8,891,826 $4,212,104 $7,595,696 $10,643,099 $7,896,499 $8,047,635 $15,469,436 $12,968,827 $106,688,601
FY 12-13 $6,648,277 $11,216,486 $8,186,483 $9,713,654 $8,884,669 $8,409,146 $14,682,203 $12,334,320 $12,393,618 $11,295,201 $9,394,109 $10,291,523 $123,449,689
FY 13-14 $13,270,018 $10,211,222 $5,736,233 $9,105,513 $5,639,513 $1,558,260 $6,553,020 $6,817,970 $10,994,367 $8,907,093 $8,492,767 $4,644,885 $91,930,861
FY 14-15 $6,124,175.00 $7,502,842.00 $2,815,257.00 $6,389,420.00 $3,479,358.00 $7,479,229.00 $6,177,814.00 $4,597,044.00 $11,668,501.0 $7,695,408.00 $15,950,923.0 $7,483,861.00 $87,363,832.0
Residential Application Valuation By Month
FY 08-09
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
072015a HC BOC Page 109
20
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
$1,000,000
Anderson
Creek
Averasboro Barbecue Black River Buckhorn Duke Grove Hectors
Creek
Johnsonville Lillington Neills Creek Stewarts
Creek
Upper Little
River
Fees $963,500 $6,500 $352,000 $29,500 $0 $0 $0 $67,000 $191,500 $0 $0 $77,500 $49,000
Recreation Fees By Township (TOTALS SINCE 10/1/06)
No recreational fees were tracked prior to October of FY 06-07
072015a HC BOC Page 110
21
0
200
400
600
800
1000
1200
1400
1600
1800
2000
Anderson
Creek
Averasbor
o
Barbecue Black
River
Buckhorn Duke Grove Hectors
Creek
Johnsonvil
le
Lillington Neills
Creek
Stewarts
Creek
Upper
Little River
Lots 1927 13 704 59 0 0 0 118 383 0 0 155 98
Lots By Township (TOTALS SINCE 10/1/06)
No lots were tracked prior to October of FY 06-07
072015a HC BOC Page 111
22
0
100
200
300
400
500
600
700
Township Applications YTD 14-15
Demolition -
Add/Alter Residential -
Add/Alter Non-Residential -
Stores & Other Customer Service -
Office/Bank Plaza -
Hospitals, Institutions & Schools -
Commercial Activities -
Industrial, Public Works & Utilities -
Church or other Religious -
Amusement,Social or Recreational -
Hotels/Motels -
Munufactored Homes -
Multiple family Dwellings -
Duplex Dwellings -
Single family Dwellinngs -
Other Non-residential-
072015a HC BOC Page 112
Agenda I 1:em I I
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2016:
Section 1.To amend the Animal Services budget, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-5500-420.60-33 Operating-Supplies/Materials & Supplies 125
110-5500-420.60-53 Operating-Supplies/Dues & Subscriptions 125
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To fund expenditure line item for the annual registration of Animal Services' DEA license.
APPROVAlS:
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted this ______ day of ______ ..J _______ _
Margaret Regina Wheeler
Clerk to the Board
Jim Burgin, Chairman
Harnett County Board of Commissioner
II 072015a HC BOC Page 113
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2016:
Section 1. To amend the General Fund, Cooperative Extension, the appropriations are to be changed as
follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-7301-465.11-00 Salaries & Wages 8,028
110-7301-465.12-00 Salaries & Wages-Part Time 8,028
110-7326-465.11-00 Salaries & Wages 5,648
110-7326-465.12-00 Salaries & Wages-Part Time 5,648
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPlANATION: A decrease of both, the Block and Race to the Top Grant's Salaries & Wages line is needed in
order to increase the amounts in Salaries & Wages-Part Time, to fund a part time Program Specialist position.
partment Head (date)
9~1ft--'J-/~-;C
County Manager (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 114
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2016:
Section 1. To amend the Public Buildings Department, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-4700-410.60-31 Gas, Oil, & Auto Supplies $1,883.00
110-4700-410.44-22 Building & Equipment Rent-Health Sciences $1,883.00
Bldg.
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To move funds for monthly Red Rock I Health Sciences Building payment.
~-'?-1,--tr' ountYM:n ger (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 115
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett. North Carolina. that the following amendment be mode
to the onnuol budget ordinance for the fiscal year ending June 30. 2015
Section 1. To amend the Work force Development, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
234-7 406-465.22-00 Sampson In FICA $45
234-7 406-465.26-08 Sampson In Workers Camp $15
234-7 406-465-22-01 Sampson In FICA Porticip_ant $60
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To move funds to balance budget for the remainder of the fiscal year.
Dept Head (date) r( ate) G,/3o{\S Q~~-
County Manager (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Boord, and to the Budget Officer
Adopted __________________________________ __
Margaret Regina Wheeler,
Clerk to the Boord
Jim Burgin. Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 116
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to
the annual budget ordinance for the fiscal year ending June 30. 2015
Section 1. To amend the Work force Development, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
234-7 405-465.25-1 0 Harnett In Unemployment $30
234-7 405-465.26-09 Harnett In Workers Camp -Participant $30
234-7 407-465.23-00 Harnett Out Regular Retirement $125
234-7407-465-25-10 Harnett Out Unempjoy_ment $30
234-7 407-465-22-01 Harnett Out FICA Participant $87
234-7 407-465-26-09 Harnett Out Workers Camp Participant $68
234-7 410-465-60-31 harnett Adult Gas, Oil, & Auto $200
234-7410-465-26-09 Harnett Adult Workers Camp Participant $200
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To move funds to balance budget for the remainder of the fiscal year.
APPROVALS:
(·itiLLrcttrc: t,J.t /~ fv{5('j; !:>-
Dept Head (date)
section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer
Adopted __________________________________ __
Margaret Regina Wheeler,
Clerk to the Board
Jim Burgin, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 117
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30,2015:
Section 1. To amend the General Fund, Emergency Medical Services Department, the appropriations are
to be changed as follows:
EXPENDITURE r AMOUNT
~c-ooE_N_urVIB_E_R ____ o[scR-,PrloNoF conE---------r-11\rcREAsE
AMOUN~
DECREASE I ·-----~------~----~------
I
---I
I 25,000 110-5400-420.11-00 Salaries & Wages -----
tTime i 25,000
-· -----------.-----------------
110-5400-420.12-00 Salaries & Wages-Par -
[
,~--------------,----------
1 i --
ertime I I 24,000
1.-------
. 110-5400-420.11-05
----------
---
110-5401-420.12-00 Salaries & Wages-Par tTime I 24,000 I r------------.~--------------------I
I ..
i I
--1
L ________ _L ___ _ i
--r-
REVENUE i --~ -------------------_ .... ---· ----------
EXPLANATION: To budget the transfer of funds to Salaries & Wages-Part Time to complete the remainder of
FY14-15 budget year.
APPROVALS:
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this ___ day of ____ , 2014.
Margaret Regina Wheeler
Clerk to the Board
Jim Burgin, Chairman
Harnett County Board of Commissioners
i
072015a HC BOC Page 118
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 20J.6:
Section l.To amend the Airport budget, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE
110-6500-406.60-33 Operating-Supplies/Materials & Supplies
110-6500-406.43-18 Operating-Repair & Maint I Landscaping 1500
REVENUE AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE
EXPLANATION: To fund line item created for landscaping needs at the Harnett Regional Jetport.
APPROVALS:
~ ~£.--""' s~~i~--
artment Head (date)
AMOUNT
DECREASE
1500
AMOUNT
DECREASE
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted this. ______ day of ______ _, _______ _
Margaret Regina Wheeler
Clerk to the Board
Jim Burgin, Chairman
Harnett County Board of Commissioner
072015a HC BOC Page 119
234-7411-465 -BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1. To amend the Harnett County WIA Adult Program Fund, the appropriations are to be
changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
234-7411-465.60-33 Material & Supplies 100
234-7411-465.60-31 Gas, Oil & Auto Supplies 300
~~
234-7411-469.41~ Utilities 400
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To increase budget to actual co r expenditure in the above line items.
~/.h24U 6-29-15 J;.;,. ) 9~ lf-t-;
Department Head (date) Finance Officer ( te) Co/ coulwva ; er{date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 120
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1. To amend the General Fund, Social Services Department, the appropriations are to be changed as
follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-7700-441.11-06 COMP-TIME PAYOUT 14,000
110-7700-441.11-05 OVERTIME 1,500
110-7700-441.33-45 CONTRACTED SERVICES 90,000
110-7700-441.11-00 SALARIES & WAGES 105,500
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION:
To budget funding for estimated year-end comp-time and overtime payouts and contracted services provided by
Vanguard Staffing.
APPROVALS:
Department Head (date)
~17-r·
untYaer{date)
section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted this __ day of _____ 2 ___ _
Margaret Regina Wheeler,
Clerk to the Board
Jim Burgin, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 121
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1. To amend the Transportation Budget, the appropriations are to be changed as follows:
I EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-4651-410.58-12 Operating/Travel Subsistence 120
110-4651-410.58-14 I Operating/Travel Admin 120
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To cover the cost of travel for the remainder of Fiscal Year 2014-2015.
APPROVALS:
~4~#k/.r
Department Head (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this _______ day of _______ _, 2015.
Margaret Regina Wheeler
Clerk to the Board
Jim Burgin, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 122
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1. To amend the WIA Adults Program Fund, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
234-7410-465.60-33 Materials & Supplies $500.00
234-7410-465.32-72 Supportive Services $500.00
234-7411-465.60-33 Materials & Supplies $400.00
234-7411-465.58-14 Travel Admin $200.00
234-7411-465.32-72 Supportive Services $600.00
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: Moving a total of $500.00 from the following Line item: $500.00 from 234-7410-465.60-33(Materials &
Supplies). The funds will be distributed as follows: $500 into 234-7410-465.32-72(Supportive Services). This will pay for
services needed for participants to continue their training or schooling for the remainder of the Fiscal Year.
Moving a total of $600 from line items: $400 from 234-7411-465.60-33(Materials & Supplies) and $200 from 234-7411-
465.58-14(Travel Admin) and transferring into 234-7411-465.32-72(Supportive Services). This is needed to pay for services
needed by participants to continue training and schooling for the remainder of the fiscal year.
APPROVALS:
CJuuW;Jg /£Rad7 &fa~/1!7------\~~~ C)~i~J.--0-.29 -/D
Department Head (date) e) Col24l tS CountYMlrfager{date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 123
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be
made to the annual budget ordinance for the fiscal year ending June 30, 2015;
Section 1. To amend the General Fund, Health Department Division on Aging, the appropriations are to be changed as
follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-7501-441.32-11 Family Care Support $ 132.00
110-7501-441.60-33 Materials & Supplies $ 132.00
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: Budget Amendment to move funds from Materials and Supplies to cover the cost of family care
supplies (ensure, pullups) in the Family Caregiver Program.
APPROVAlS: J\ ,)
9t0w'J;~f)
Department Head (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and
the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler,
Clerk to the Board
day of ,2015
Jim Burgin, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 124
234-7410-465 -BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1. To amend the Harnett County WIA Adult Program Fund, the appropriations are to be
changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
234-7410-465.35-61 Paid Work Experience 2300
234-7410-465.35-83 Training Voucher Authorization 2200
234-7410-465.32-73 Training Voucher 4500
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
/'
I <..
,,EXPY\\"AlJ!?N: To increase budget trio~~e above lings,
· Act-1 tJli: v U (1. r ;J 6-24-15 · ~ &,-c:<'-
Department Head (date) N;ance Officer cte) (b /241 \5 ~.erdate)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 125
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1. To amend the 568 PU0704 Ft Bragg Wand WW Accounts Balance, Public Utilities
Department, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER I DESCRIPTION OF CODE INCREASE DECREASE
568-9100-431-45-46 Engineering Design $7,160.00
: 568-9100-431-45-59 Engineer Observation/mgmt. $5,780.00
1568-9100-431-43-16 Maint & Repair I $4,847.00
I 568-91oo-431-45-4o ' Land and ROW $1,248.00
' 568-9100-431-45-33 Materials and Supplies $6,845.00
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPlANATION: Increase Engineer line for chemical feed system.
APPROVALS:
'~~ 06/15/15
Department Head (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this day of
Margaret Regina Stm+e1, \;_:l'f'k'J.,'l-
Cierk to the Board
I 2015.
Jim Burgin, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 126
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1. To amend the Planning Services Departments, the appropriations are to be changed as
follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-7200-465-55-12 Printing and Binding 500.00
110-7200-465-54-26 Advertising 500.00
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: Due to increased advertising expenses for this fiscal year.
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 127
DEPARTMENT:
FUND:
CODE NUMBER
110-4150-410.60-33
110-4150-41 0.41-11
APPROVALS:
EXPLANATION:
RETURN TO:
BUDGET AMENDMENT
Administration
4100
DESCRIPTION OF CODE
Materials & Supplies
Telephone & Postage
Department Head:
Finance Officer:
County Manager:
To cover telephone/postage for
balance of Fiscal Year
DATE: June 18, 2005
AMOUNT AMOUNT
INCREASE DECREASE
$200
$200
072015a HC BOC Page 128
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board ofthe County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1. To amend the Library Department, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-8100-450-21-01 Group Insurance-Retiree 2900
110-8100-450.12-00 Salaries & Wages-Part Time 2900
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPlANATION: To re-appropriate funds needed for Group Insurance for Retirees.
APPROVALS:
0~-=e~,d &~~~-~c; .2J
Department Head (date) Finance Officer ( a
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 129
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board ofthe County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1. To amend the Library Department, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-8100-450.41-13 Utilities 4000
110-8100-450.64-25 Books & Publications 3500
110-8100-450.58-01 Training & Meetings 2425
110-8100-450.33-45 Contracted Services 9925
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPlANATION: To re-appropriate funds needed for end of year budgeting.
APPROVALS:
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 130
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1. To amend the General Fund, Sheriff's Office-Detention, the appropriations are to be changed
as follows:
i EXPENDITURE AMOUNT AMOUNT
i CODE NUMBER 1 DESCRIPTION OF CODE INCREASE DECREASE
i 110-5120-420-11-10 Holiday Payout 270
! 110-5120-420-11-13 Vacation Payout 3,054
110-5120-420-11-00 Salaries & Wages 3,324
REVENUE AMOUNT AMOUNT
I CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION:
To adjust the 2014-2015 Sheriff's Office-Detention budget Salary fringe Jines for budget year 2014-2015.
APPROVALS:
r (d te) 12 ( (i:? '.? \S
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Daniel,
Clerk to the Board
day of 12014.
Jim Burgin, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 131
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board ofthe County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1. To amend the General Fund, Sheriff's Office-Communications, the appropriations are to be
changed as follows:
! EXPENDITURE AMOUNT AMOUNT
j CODE NUMBER I DESCRIPTION OF CODE INCREASE DECREASE
I 110-5110-420-11-13 Vacation Payout 4,551
1110-5110-420-11-06 I Comp Time Payout 10
110-5110-420-11-00 Salaries & Wages 4,561
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION:
To adjust the 2014-2015 Sheriff's Office-Communications Salary Fringe lines for budget year 2014-2015.
APPROVALS:
\5b ~t±:\1 'A;, lr; /o-;) 15
Department Head (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Daniel,
Clerk to the Board
day of I 2014.
Jim Burgin, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 132
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1. To amend the General Fund, Sheriff's Office-Child Support, the appropriations are to be
changed as follows:
J EXPENDITURE AMOUNT AMOUNT
i CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-5104-420-25-10 Unemployment Benefits 12
I 110-5104-420-26-08 1 Worker's Compensation 12
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION:
Ghil~ '?1\?,~or'\-
To adjust the 2014-2015 Sheriff's Office C!'!ffi13Bel salary fringe lines.
APPROVALS:
\J\~\h~~ 'o!z2J t;
Department Head (date)
~ t,-~~1-IJ
c()f;t1Mnager{date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Daniel,
Clerk to the Board
day of 12015.
Jim Burgin, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 133
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board ofthe County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30,2015:
Section 1. To amend the General Fund, Sheriff's Department, the appropriations are to be changed as
follows:
i EXPENDITURE AMOUNT AMOUNT
i CODE NUMBER ' DESCRIPTION OF CODE INCREASE DECREASE
110-5100-420-11-02 Separation Allowance 1A15
1110-5100-420-11-05 · Overtime 2,000
110-5100-420-11-06 Comp time payout 99
110-5100-420-11-13 Vacation payout 8,300
110-5100-420-21-01 Group Insurance Retirees 5,212
I 110-5100-420-21-05 Group Insurance-Employee Clinic 4,000
110-5100-420-23-00 Regular Retirement 1,000
110-5100-420-23-02 LEO Retirement
110-5100-420-26-08 Worker's Comp 10,126
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION:
To increase the Sheriffs Office salary fringe lines for budget year 2015-2016 ..
APPROVALS:
r ( ate)~l2?, l6
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Daniel,
Clerk to the Board
day of J 2015.
Jim Burgin, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 134
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1. To amend the WIA Programs Fund, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
234-7405-465.22-01 Participant FICA Tax Expense $2000.00
234-7405-465.22-00 FICA Tax Expense $2000.00
234-7407-465.22-01 Participant FICA Tax Expense $400.00
234-7407-465.22-00 FICA Tax Expense $400.00
234-7410-465.22-01 Participant FICA Expense $3400.00
234-7410-465.58-19 Participant Travel $1400.00
234-7410-465.22-00 FICA Tax Expense $2000.00
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPlANATION: Moving $2000 from In school Youth Participant FICA Expense(234-7405-465.22-01) into FICA
Expense(234-7405-465.22-00) to pay internal tax expenditures for the remainder of the fiscal year. Moving $400
from Out of School Youth Participant FICA Expense(234-7407-465.22-01) into FICA Expense(234-7407-465.22-
00) to cover internal tax expenditures for the remainder of the fiscal year. Moving $3400 from Adult Participant
FICA Expense into the following line items: $1400 into participant travel(234-7410-465.58-19) to cover mileage
expense for participants and $2000 into FICA Expense(234-7410-465.22-00) to cover internal tax expenses for
the remainder of fiscal year.
APPROVALS:
~ C./11f6 ~&-12"/-!l
Department Head (date) Frnance ffic r (d~~ 1-~wlty Manager (date)
h P·
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Joe Miller, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 135
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1. To amend the General Fund, Public Buildings Department, the appropriations are to be
changed as follows:
! EXPENDITURE AMOUNT AMOUNT
I
I CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-4700-410-41.33 Utilities/Facilities & Services 5,000.00
110-4700-410-43-15 Repair & Main!(Building 5,000.00 r-----------
--
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: Move monies to pay for drafted utilities.
_:______~W"'--' (J=>( 1S' 9¢9#: fr_2.ty -;s
Departm nee Offi er ( ac;)p l ~~ County Manager (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this day of
Margaret Regina Wheeler,
Clerk to the Board
12015.
Jim Burgin, Chairman
Harnett County Board of Commissioners
--.10,\
,r) l u l
072015a HC BOC Page 136
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1.To amend the Airport budget, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-6500-406.60-33 Operating-Supplies/Materials & Supplies 1450
110-6500-406.41-11 Operating Utilities/Telephone & Postage 50
110-6500-406.41-13 Operating Utilities/Utilities 1400
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPlANATION: Reallocate funds for the remainder of the fiscal year 1415.
APPROVAlS:
foe~/ /J-;.,_;_s
oe'Partment Head (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted this. ______ day of. ______ _~ _______ _
Margaret Regina Wheeler
Clerk to the Board
Jim Burgin, Chairman
Harnett County Board of Commissioner
072015a HC BOC Page 137
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Boord of the County of Hornet!. Norlh Carolina, that the following amendment be
mode to the annual budget ordirance for the fiscal year ending ~u:;e 30, 2015:
Section 1. To amend the IT Department_, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
1 10-4900-410.60-53 Dues and Subscriptions $ 10.00
1 10-4900-410.60-33 Materials and Supplies 10.00
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: Short by $5.96 on P0#51545 (Masergy Network Monitoring). Not enough in dues and
subscriptions to increase purchase order.
APPROVALS:
,C;;;Dtl &h/15 94#--6
Department Head (date) County Manager (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted __________________________________ __
Margaret Regina Wheeler,
Clerk to the Board
Jim Burgin, Chairman
Harnett County Board of Comm
072015a HC BOC Page 138
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1. To amend the Finance Department, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-4400-410.30-04 Professional Services I $20,000
110-4400-410.32-51 · Bank Charges $20,000
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE -
----
EXPLANATION: To move funds needed for auditing the current year.
APPROVAlS:
Department Head (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 139
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1.To amend the General Services budget, the appropriations are to be changed as follows:
EXPENDITURE
CODE NUMBER DESCRIPTION OF CODE
110-4600-410.55-12 Operating/Printing and Binding
110-4600-410.60-53 Operating-Supplies/Dues and Subscriptions
110-4600-410.41-11 Operating-Utilities/Telecommunic & Postage
REVENUE
CODE NUMBER DESCRIPTION OF CODE
EXPLANATION: Reallocate funds for the remainder of the fiscal year 1415.
APPROVALS:
~;c:{fo~ /~~
Department Head (date)
,.--
~~~~~~~~~~
AMOUNT AMOUNT
INCREASE DECREASE
100.00
50.00
150.00
AMOUNT AMOUNT
INCREASE DECREASE
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted this ______ day of ______ _~ _______ _
Jim Burgin, Chairman Margaret Regina Wheeler
Clerk to the Board Harnett County Board of Commissioner
S'oo\
072015a HC BOC Page 140
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1.To amend the Transportation budget, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-4650-410.12-00 General/Salaries & Wages-Parttime 28.00
110-4650-410.11-06 General/Salaries & Wages-Camp Time Payout 28.00
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPlANATION: Reallocate funds for the remainder of the fiscal year 1415.
APPROVALS:
/ c ~_, /)4~7'4~~ // ~/r
l p
Department Head (date)
~ c-:v-o
aunt anager (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted this. ______ day of, ______ _, _______ _
Margaret Regina Wheeler
Clerk to the Board
Jim Burgin, Chairman
Harnett County Board of Commissioner
072015a HC BOC Page 141
234-7411-465 -BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1. To amend the Harnett County Dislocated Program Fund, the appropriations are to be
changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
234-7411-465.22-01 Participant "'300t1 ?so
234-7411-465.22-00 FICA Tax -3000 ~ ~0
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
/
EXPLA~ATION: To increase budget to actual cover expenditure in the above line items.
~ ~ ~~-~~ o;v:t.~ 6-15-15
Department Head (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 142
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by ~C'e Goverc-;e1g Boord of Ire County o' Horne+t No:in Ca'o!:noo that the foilowing amendrPent be
f'lOde to ''le or.,vo' b<-oget cro:nonce for ~he f;sca yeor end:ng ~une 30, 2015
Section 1. To amend the f-iigh'and Middle Schoo! Projec: CP138l Fund 33'0 , the appropriations are to be
changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
'331 -8300-480-46-0-;;J---r;o ~~e'-"s~id,_,..:,_,a,_l ":Eq:'-u~:"-'t>~· --::------------I-------,-------+---~$::_:30~,0~0~0~--
005TI ~ t331 -8}Q_Q:~ ~ __ Matena!s & Suppl'es $30,000 !
:
I
I I
i
i
i i
F-I
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To budge' moter:als & Supplies for the Highland Middle Schoo: ProjecL
Projects/Grants F~nance &
Accounting Spec10:1st
Section 20 Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted _________________ ___
Margaret Regina Wheeler,
Clerk to :he Board
13\03
Jim Burgin, Chairman
Harne !I County Board of Cornm
I
5071
072015a HC BOC Page 143
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be
made to the annual budget ordinance for the fiscal year ending June 30, 2015;
Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-7600-441.11-00 Salaries & Wages $ 8,134.00
110-7600-441.11-06 Comp Time Payout $ 1,677.00
110-7600-441.11-13 Vacation Payout $ 6,457.00
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPlANATION: To increase Comp Time and Vacation Payout to reflect additonal expenses incurred.
APPROVALS: ';$:t;
cutWdl Departme~)
Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and
the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler,
Clerk to the Board
l '? l00
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 144
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1. To amend the Public Buildings Department, the appropriations are to be changed as follows:
EXPENDITURE I AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE I INCREASE DECREASE
110-4700-410.60-33 i Materials & Supplies $3,000 I
110-4700-410.74-74 I Capital Outlay $3,000
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To move funds to purchase an ice machine. The funds originally budgeted in Capital Outlay
were for the purchase of a Muffin Monster to assist the Town of Lillington with debris processed through the
sewer plant. The purchase will not be made.
APPROVALS:
Department Head (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
!
072015a HC BOC Page 145
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1. To amend the Solid Waste Department, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
580-6600-461.60-31 Gas, Oil, & Auto Supplies $540.00
580-6600-461.74-74 Capital Outlay-Equipment $540.00
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To move funds for purchase of Hwy. use tax (taxes, tag, title) for a used 2007 Volvo Tractor Trailer
Truck from Hilco.
APPROVALS:
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
072015a HC BOC Page 146
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Boord of the County of Harnett, North Carolina, that the following amendment be
made to the annual budget ordinance for the fiscal year ending June 30, 2015
Section 1. To amend the Public Utilities South Central Wastewater Phase 1 C-1 Project PU1005, the
appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
5 77-91 00-431-45-70 Interest During Construction $6,750
577-9100-431-45-20 Land & RW $6,750
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To budget interest during construction for debt payment. on the South Central Waste Water
Phase 1 C-1 Project
Department Head (date) ~IS
Finance Officer (date)
9Hf7P' 1{;-/t?'~---
County Manager (date)
section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted __________________________________ __
Margaret Regina Wheeler,
Clerk to the Board
Jim Burgin, Chairman
Harnett County Board of Comm
072015a HC BOC Page 147
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30,2015:
Section 1.To amend the Airport Capital Project 1404 budget, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
332-8300-406.45-30 Project/Engineering/Professional 749
332-8300-406.45-20 Project/Legal & Administrative 749
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To move project budget to be in alignment with North Carolina Department of Aviation Budget.
APPROVAlS:
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted this ______ day of ______ _, _______ _
Margaret Regina Wheeler
Clerk to the Board
Jim Burgin, Chairman
Harnett County Board of Commissioner
072015a HC BOC Page 148
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1.To amend the Airport Capital Project 1405 budget the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
333-8300-406.45-30 Project/Engineering/Professional 742
333-8300-406.45-20 Project/Legal & Administrative 742
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To move project budget to be in alignment with North Carolina Department of Aviation Budget.
APPROVALS:
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted this, ______ day of ______ __~ _______ _
Margaret Regina Wheeler
Clerk to the Board
Jim Burgin, Chairman
Harnett County Board of Commissioner
072015a HC BOC Page 149
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1.To amend the Airport budget, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-6500-465.60-3 3 Me..ril'.k -: S· ?11\.-fS 1450
110-6500-465.41.11 Operating Utilities/Telephone and Postage so
110-6500-465.41-13 Operating Utilities/Utilities 1400
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPlANATION: Reallocate funds for the remainder of the fiscal year 1415.
APPROVALS:
~.--.4/:#f,;:' ~: --//
Dep rtment Head (date) Finance Officer, date}(o '9 t
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted this. ______ day of ______ _, _______ _
Margaret Regina Wheeler
Clerk to the Board
Jim Burgin, Chairman
Harnett County Board of Commissioner
072015a HC BOC Page 150
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett. North Carolina, that the following amendment be
mode to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1. To amend the South Central Wastewater Project PU 1002 ,Public Utilities Department, the
appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE
57 4-91 00-431-45-70 Interest During Construction $10,300
57 4-91 00-431-45-20 Leqal & Adm $12,200
57 4-91 00-431-45-40 Land & RW $1,900
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
Explanation:
To budget Debit payment to USDA. To budget Land & Rightway for Fayetteville Landscaping invoice.
Department Head(Date) County Manager (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted ____________________________________ _
Margaret Regina Daniel,
Clerk to the Board
Joe Miller, Chairman
Harnett County Board of Comm
072015a HC BOC Page 151