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02181991 154 HARNETT COUNTY BOARD OF COM}1ISSIONERS REGULAR MEETING, FEBRUARY 18, 1991 The Harnett County Board of Commissioners met in regular session on Monday, February 18, 1991, in the County Office Building, Lillington, North Carolina, with the following members present: Mack Reid Hudson, Bill Shaw, Walt Titchener, Beatrice Bailey Hill, and Chairman Lloyd G. Stewart presiding. Others present were Dallas H. Pope, County Manager; W. Glenn Johnson, County Attorney; Vanessa W. Young, Finance Officer and Clerk to the Board; and Kay S~ Blanchard, Recording Secretary. Chairman Stewart called the meeting to order at 7:00 p.m. Commissioner Hudson offered the invocation. Commissioner Titchener moved for the approval of the minutes of the regular meeting February 4, 1991- Commissioner Hill seconded the motion and it passed with a unanimous vote. RESOLUTIONS OF APPRE- Dallas H. Pope, County Manager, presented for consideration CIATION FOR JUANITA CAMERON AND JACKIE resolutions of appreciation for former County employees, Juanita PATE Cameron and Jackie Pate. Commissioner Titchener moved for the adoption of both resolutions. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolutions are copied in full at the end of these minutes as Attachments 1A. and lB. Bobby Wicker, Tax Administrator presented Ms. Cameron's resolution to her and Chairman Stewart presented a plaque which read "In honor and appreciation of her outstanding service and contributions to Harnett County as Tax Listing Clerk 1965 - 1990 ". Ms. Pate was unable to attend the meeting tonight and will receive her presentations at a later date. Mr. Roger W. Ellis, Tax Management Associates, Inc. , briefed the Board on business property inventory audit proposal. SOUTHEAST W e S Chairman Stewart called to order a meeting of the Southeast Water and DISTRICT MEETING Sewer District. John M. Phelps, II, Public Utilities Attorney, stated that the purpose of the meeting was to consider a Letter of Conditions and related items from the Farmers Home Administration. Mr. Willard Dean, Farmers Home Administration, presented for the Board's consideration a Letter of Conditions and related documents including a resolution concerning the Southeast Water and Sewer District project. Commissioner Shaw moved for the adoption of the resolution. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution and related documents are copied in full at the end of these minutes as Attachment 2. There being no further business, Chairman Stewart adjourned the meeting of the Harnett County Board of Commissioners sittin9 as the governing body of the Southeast Water and Sewer Distric~. RESOLUTION RE: Holt Felmet, Attorney, Flat Branch Fire Department, Inc. , presented PURCHASE OF FIRE TRUCK for consideration by the Board a resolution concerning purchase of a FOR FLAT BRANCH FIRE new fire truck by the Flat Branch Fire Department. Commissioner Shaw DEPT, moved for the adoption of the resolution. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 3. ROADNAMING CHANGE Chairman Stewart called to order a public hearing on roadnaming change APPLICATIONS application for Brenda Faye Hamilton, SR 1776 in Duke Township, BRENDA HAMIL TON current name: Sherwood Road, requested name: Old Hamilton Road. George Jackson, Planning Director, presented the application and briefed the group that the purpose of the public hearing was to obtain comments from the public concerning the roadnaming change application. Chairman Stewart opened the meeting for public comments.. The following citizens provided comments: l. Dorothy Hamilton Pope, Matthews Road, Erwin For 2. Sherwood Tart, Rt. 1, Wade Against 3. Jimmy Hamilton, .Rt. 4, Dunn For 4. David Page, Rt. 4, Dunn For 5. Shelby Tart, Rt. 1, Wade Against 6. Patricia Page, Rt. 4, Dunn For 7. Jay Smith, Rt. 4, Dunn For 8. Jerry Bayles, Denim Drive, Erwin Compromise 9. Wilson Suggs, Erwin Road, Dunn Compromise 10. Clyde Stephenson, Rt. 4, Dunn For 11. Claude !.ucas, Denim Drive, Erwin For There being no further comments, Chairman Stewart closed the public hea:Cing. ---- --- ;55 . George Jackson, Planning Director, presented for the Board's consideration application for roadnaming change for Brenda Faye Hamilton, current name: Sherwood Road, requested name: Old Hamilton Road. The Planning Board recommended approval of the application. Commissioner Hill made a motion to table the matter. Commissioner Titchener seconded the motion and it passed with a unanimous vote. MACK RE ID HUDSO:,J Chairman St9wart called to order a public hearing on roadnaming change application for Mack Reid Hudson, SR 1581 in Grove Township, current name: Johnston County Road, requested name: Bailey's Crossroads Road. George Jackson, Planning Director, presented the application and briefed the group that the purpose of the public hearing was to obtain comments from the public concerning the roadnaming change application. Chairman Stewart opened the meeting for public comments. Commissioner Hudson provided comments concerning the application. There being no further comments, Chairman Stewart closed the public hearing. George Jackson, Planning Director, presented for the Board's consideration application for roadnaming change for Mack Reid Hudson, current name: Johnston County Road, requested name: Bailey's Crossroads Road. The Planning Board recommended approval of the application. Commissioner Hill made a motion to approve the roadnaming change application. Commissioner Shaw seconded the motion and it passed with the following vote: Ayes: 4, Noes: 0, Absent: 0, Commissioner Hudson abstained from voting on the matter. BILLY R, FARRAR Chairman Stewart called to order a public hearing on roadnaming change application for Billy R. Farrar, SR 1127 in Anderson Creek Township, current name: Wells Road, requested name: Farrar Dairy Road. G~orge Jackson, Planning Director, presented the application and briefed the group that the purpose of the public hearing was to obtain co~ents from the public concerning the roadnaming change application. Chairman stewart opened the meeting for public comments. Comments were provided by the following citizen: 1- James Farrar, Rt. 2, Lillington For There being no further comments, Chairman Stewart closed the public hearing. George Jackson, Planning Director, presented for the Board's consideration application for roadnaming change for Billy R. Farrar, current name: Wells Road, requested name: Farrar Dairy Road. The Planning Board recommended approval of the application. Commissioner Shaw made a motion to approve the roadnaming change application. Commissioner Hill seconded the motion and it passed with a unanimous vote. Lee Sudia, County Fire Marshal, briefed the Board on the Plan for the Implementation of the North Carolina State Fire Code. AGREEME:'JT BETWEEU W. Glenn Johnson, County Attorney, presented for the Board's CAROLIIJA SDAsor;s consideration an Agreement between Carolina Seasons, Inc. and Lee & LEE PAVEJG CO. Paving Company, and County of Harnett. Commissioner Shaw moved for approval of the Agreement and related Letter of Credit. Commissioner H'ldson seconded the motion and it passed with a unanimous vote. The A~reement and Letter of Credit is copied in full at the end of these m~nutes as Attachment 4. DOMICILIIARY Cor,1M. Commissioner Titchener made a motion to reappoint the following APPO IIJTI.fEITiS members of the Domiciliary Home Community Advisory Committee: Rebecca Maness Phyllis Clayton P. O. Box 61 P. O. Box 325 Buies Creek, NC Dunn, NC Commissioner Hill seconded the motiOn and it passed with a unanimous vote. The reappointments are for three-year terms which will expire February 18, 1994. BARNDTT YOUTH Commissioner Titchener made a motion to appoint the following members PLANNINC Bj). APPT. to the Harnett Youth Planning Board: Brenda Cameron Rev. G. D. McNeill Rt. 2, Box 194 1012 Magnolia Drive Fuquay-Varina, NC Dunn, NC Commissioner Hudson seconded the motion &nd it passed with a unanimous - -- 156 vote. Ms. Cameron is appointed to fill the unexpired term of Mr. Fred Freeman whose term will expire December 31, 1991. Rev. McNeill is appointed to a vacant position for a four-year term which will expire December 31, 1994. Jane Schumann, Chairperson, Harnett Youth Planning Board, reported that the After School Enrichment Program has been very well received by students and their parents. RESOLUTION RE: CONTRACT Lesa Price, Data Processing Director, presented a proposed resolution FOR MAPPING DEPT. awarding hardware purchase contract for the Mapping Department. HARDWARE Commissioner Shaw moved for the adoption of the resolution after questions are answered by the County Attorney concerning the proposed agreement for equipment purchase. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 5. John M. Phelps, II, Public Utilities Attorney, presented for the RESOLUTION RE: WELSII Board's consideration a Resolution Awarding Engineering Services SPORTING GOODS IND, Contract (Welsh Sporting Goods Industrial Development Project). DEV. PROJECT Commissioner Hudson moved for the adoption of the resolution. Commissioner Hill seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 6. John M. Phelps, II, Public Utilities Attorney, presented for the RESOLUTION RE: Board's consideration a Resolution Awarding Engineering Services TANK PAINTING PROJECT Contract (Elevated Tank painting Project - Metro #4). Commissioner (METRO # 4) Hill moved for the adoption of the resolution. Commissioner Titchener seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment , 7. Reports for the month of January were filed with the Board from the following departments: Health Department, Economic Development, Fire Marshal, and Agricultural Extension. BUDGET AMENDMENTS Dallas H. Pope, County Manager, requested the following budget amendment for the Airport: Code 10-6500-015 Maintenance & Repair-Building $900. increase Revenue: 10-3990-000 Fund Balance Appropriated 900. increase Commissioner Titchener moved for the approval of the budget amendment. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for the Division of Soil & Water: Code 10-6700-029 Erosion Control 2,293. increase Revenue: 10-3350-000 Miscellaneous Revenues 2,293. increase Commissioner Titchener moved for the approval of the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Social Services: Code 10-7700-002 Salaries & Wages 19,000. increase 10-7700-005 F.I.C.A. Tax Expense 1,454. increase 10-7700-006 Group Insurance Expense 2,040. increase 10-7700-007 Retirement Expense 954. increase Revenue: 10-3990-000 Fund Balance Appropriated 23,448. increase Dallas H. Pope, County Manager, requested the following budget amendment for Facilities Fees: Code 10-4900-021 Building & Equipment Rent 2,875. increase 10-4900-074 Capital Outlay - Equipment 2,000. increase Revenue: 10-3990-000 Fund Balance Appropriated 4,875. increase Commissioner Titchener moved for the approval of the budget amendment. Commissioner Hill seconded the motion and it passed with a unanimous vote. Dallas H. Pope, Coanty Manager, requested the following budget amendment for Governing Body: Code 10-4100-04.5 Contracted Services 17,000. increase Revenue: 10-3990-000 Fund Balance Appropriated 17,000. increase Commissioner Hudson moved for the approval of the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Emergency Management: Code 10-5250-020 Emergency Response Planning 1,285. increase Revenue: 10-3990-000 Fund Balance Appropriated 1,285. increase Commissioner Hill moved for the approval of the budget amendment. Commissioner Titchener seconded the motion and it passed with a unanimous vote. - - ---..- 1 C 7 ' -- ;..J EXECUTIVE SESSION Commissioner Hill made a motion that the Board go into executive session. Commissioner Titchener seconded the motion and it passed with a unanimous vote. Commissioner Hudson made a motion that the Board come out of executive session. Commissioner Shaw seconded the motion and it passed with a unanimous vote. NORTHWEST HAREBTT Marshall Woodall, Attorney, presented for the Board's consideration a FIRE INSURANCE DISTRICT Resolution Designating Northwest Harnett Fire Insurance District. Commissioner Hudson moved for the adoption of the resolution. Commissioner Hill seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 8. Commissioner Shaw moved that the attorney for the Northwest Fire Department advise the Board of Directors of such department that the decisions made by the Board of Commissioners with resp~ '~ to the establishment of the Fire District were made based on c':le representation that all of the interested parties in the community had agreed on a manner for the providing of fire protection within the community, and that the Board of Commissioners desires these same parties to continue to work together to address the concerns of all people in the community concerning the providing of fire protection services in the area. Commissioner Hudson seconded the motion and it passed with a unanimous vote. THERMETICS COURT CASE Commissioner Titchener moved that the County support the City of Dunn in its legal efforts against Thermetics and pay the defense attorneys the sum of $7,317.25 upon presentation of a bill for legal services. This amount is half the amount spent so far. Commissioner Shaw seconded the motion and it passed with a unanimous vote. RE SO LUT ION RE: Bobby Wicker, Tax Administrator, presented for the Board's TAX UNDERPAYMDIJTS & consideration a resolution authorizing adjustments of underpayments OVERP A YMEj~TS and overpayments in the Tax Department. Commissioner Hudson moved for the adoption of the resolution. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 9. RESOLUTION RS: Tony Wilder, Special Projects Coordinator, presented for the Board's STATE LITERARY FUND consideration a resolution concerning the State Literary Fund. Commissioner Titchener moved for the adoption of the resolution. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 10. RESOLUTION RE: Tony Wilder, Special Projects Coordinator, presented for the Board's STORIAWATDR REGULATIo;~S consideration a Resolution Cor.cerning Stormwater Regulations. Commissioner Titchener moved for the adoption of the resolution. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 11. BUDGET AMENDHENT Dallas H. Pope, Coum:."i' I'4anager, requested the following budget amendment for Governing Body: Code 10-4100-163 Stormwater Permit $30,000. Revenue: 10-3990-000 Fund Balance Appro. 30,000. Commissioner Shaw moved for the approval of the budget amendment. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Commissioner Hill moved for the adoption of a proposed Harnett County DRUG-FREE WORK PLACE Drug-Free Work Place Policy. Commissioner Shaw seconded the motion POLICY and it passed with a unanimous vote. The Policy is copied in full at the end of these minutes as Attachment 12. REQUIREMENTS CONCIJRNINGJack Bryan, Chairman, Transportation Advisory Board, briefed the Board TDP on requirements concerning the Transportation Development Plan and requested approval to move forward to amend the current Transportation Development Plan through the use of consulting services. Commissioner Hudson moved to approve the request. Commissioner Titchener seconded the motion and it passed with a unanimous vote. ADJOURI~1ENT There being no furthe~ business, the Harnett County Board of Commissioners duly adjourned at 12!40 a.m. i.-k1~ )J AJ;.'J"r~ 1~'1AJ'1/t~/ K~_ xi. 1!ft.~~.L~ Lloyd G Stewart, Chairman Vanessa \{. Young, C()-k / Kay Sd Blanc ard, Reeordlng See, - --- - --- --..- 158 ATTACHMENT 1A, NORTH CAROL INA, HARNETT COUNTY. RESOLUTION THAT WHEREAS, Juanita Cameron began her service to Harnett County with the Tax Supervisor's office more than eleven years ago; and WHEREAS, Juanita Cameron started to work for the Harnett County Tax Supervisor's office July 1, 1979; and WHEREAS, Juanita Cameron's conscientious dedication and devotion, her excellency in the performance of her duties, and her willingness and concern to help others have won her numerous acclaims for her encouragement, advice, and leadership; and WHEREAS, on August 19,. 1988, after nine years and one month of loyal service, Juanita Cameron retired from the Harnett County Tax Supervisor's office. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS, that Juanita Cameron retired from her loyal and dedicated service to Harnett County with great honor and distinction. That Juanita Cameron be and she is hereby commended on behalf of all the citizens of Harnett County for her valuable and immeasurable service. That a copy of the resolution shall be given to Juanita Cameron, a copy spread upon the minutes of this Board, and a copy provided to the media. Duly adopted this 18th day of February, 1991. HARNETT COUNTY BOARD OF COMMISSIONERS ~h. . At:: -rLT . loy G. Stewart, Chairman ATTEST: , . "-Ii, 0~ '" ~\c '-'--~\-. . ,_ . Li../L..v.... ("~ Vanessa W. Young, Clerk to th Board - - ---- lC::9 i..) ATTACHMENT lB. NORTH CAROL INA, HARNETT COUNTY. RESOLUTION THAT WHEREAS, Jackie Pate began her service to Harnett County with the Tax Collector's office more than twenty-five years ago; and WHEREAS, Jackie Pate started to work for the Harnett County Tax Collector's office July 1, 1965; and WHEREAS, Jackie Pate's conscientious dedication and devotion, ber excellency in the performance of her duties, and her willingness and concern to help others have won her numerous acclaims for her encouragement, advice, and leadership; and WHEREAS, on December 31, 1990, after twenty-five years and five months of loyal service, Jackie Pate retired from the Harnett County Tax Collector's office. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS, that Jackie Pate retired from her loyal and dedicated service to Harnett County with great honor and distinction. That Jackie Pate be and she is hereby commended on behalf of all citizens of Harnett County for her valuable and immeasurable service. That a copy of the resolution shall be given to Jackie Pate, a copy spread upon the minutes of this Board, and a copy provided to the media. Duly adopted this 18th day of February, 1991. HARNETT COUNTY BOARD OF COMMISSIONERS :{4y,~ /Z~W~~ ATTEST: <-"~ , '-11' ~ II L ~yU.~ Lv v 'A:LcV-.c:/ Vanessa W. Young, Clerk to t~ Board , , </ 0 - - - --- -- - - - - 160 A TT ACillIENT 2, FVit- Southeast Water and Sewer District Resolution No: ------------ BE IT RESOLVED: That the Southeast Water and Sewer District of Harnett County accepts the conditions set forth in the Letter of Conditions dated February 15, 1991 and Form FmHA 1942-47, Loan Resolution: That the District approves as shown on Form FmHA 442-7, Operating Budget; the proposed budget: That the Chairman and Clerk be authorized to execute a II forms necessary to obtain a loan from FmHA, including, but not I imi ted to the f 0 I low in 9 forms: Form FmHA 1942-47 Loan Resolution Form FmHA 1942-46 Letter of Intent Form FmHA 442-7 Operating Budget Form FmHA 400-4 Assurance Agreement Form FmHA 400-1 Equal Opportunity Agreement Form FmHA 1940-1 Request For Obi igation of Funds Form FmHA 1910-11 Appl icant Certification Federal Collection Pol icies Form AD-l047 Certification Regarding Debarment.... Form AO-l048 Certification regarding a Drug-Free Workplace.. Fsorm FmHA 1940-31 Grant Agreement That if the interest rate charged by FmHA should be changed between this date and the date of actual loan approval, the Chairman and Clerk be authorized to execute new forms reflecting the current interest rate and revise payments as required by FmHA: That the District elects to have the interest rate charged by FmHA to be the lower of the rate in effect at either the time of loan approval or loan closing: The proposed rate schedule for Water use in as f 0 I lows: Minimum $11.00 for 2000 gal Ions plus $ 2.50/1000 gal Ions for a II over 2000 gal Ions This resolution to become a part of the official minutes of the Board meeting held on February 18, 1991. Motion made by . Commissioner Sh~w . seconded by . Commissioner Ih}r;I,~Qn . to adopt the resolution. Motion passed . 5 . to . 0 . ATTEST: V)C~{l}'-C'''''''1I BY:W)) ~-l . Clerk ( . I Chairman --------- ---- - - - - - -.-.--- ------------ ----- 1 6 1 f:nJJfIt' Position 5 / USDA-FmHA FORM APPROVED Form FmHA 1942-47 OMB NO. 0575.0015 (Rev. 1.90) LOAN RESOLUTION (Public Bodies) I A RESOLUTION OF THE BOA~ Qf COMMISSIONE~~ OF THE SOUTHEAST WATER AND SEWER DISTRICT OF HARNETT COUNTY AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS WATER DISTRIBUTION FACILITY TO SERVE AN AREA LA WFULL Y WITHIN ITS JURISDICTION TO SERVE. W}~EREAS, it is net;essary for the SOUTHEAST WATER AND SEWER DISTRICT OF HARNETT COUNTY ,. . (Public Body) (herein after called A!lSociation) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of ONE MILLION NINE HUNDRED THIRTY-FIVE THOUSAND DOLLARS ($1.935.000.00) pursuant to the provisions of LOCAL GOVERNMENT BOND ACT (GS. 159.43 Et Seq) ;and WHEREAS, the Association intends to obtain assistance from the Farmers Home Administration, United States Department of Agri. culture, (herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in the planning, financing, and supervision of such undertaking and the purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such bonds is found by the Association: NOW THEREFORE. in consideration of the premises the Association hereby resolves: 1. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds containing such items and in such forms as are required by State statutes and as are agreeable and acceptable to the Government. 2. To refmance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time it shall appear to the Government that the Association is able to refmance its bonds by obtaining a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U.S,C. I 983(c)). 3, To provide for, execute, and comply with Form FmHA 400-4, "Assurance Agreement," and Form FmHA 400-1, "Equal Opportunity Agreement," including an "Equal Opportunity Clause," which clause is to be incorporated in, or attached as a rider to, each construction contract and subcontract involving in excess of $10,000. 4. To indemnify the Government for any payments made or losses suffered by the Government on behalf of the Association, Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legal per- missible source. S. That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any cov- enant or agreement contained herein or in the instruments incident to making or insuring the loan, the Governnment at its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and pay. able, (b) for the account of the Association (payable from the sOUrce of funds pledged to pay the bonds or any other legally permissible source), incur and pay reasonable expenses for repair, maintenance, and operation of the facility and such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession of the facility, repair, maintain, and operate or rent it. Default under the provisions of this resolution or any instrument incident to the making or insuring of the loan may be construed by the Government to constitute default under any other instrument held by the Government and executed or assumed by the Association, and default under any such instrument may be construed by the Government to constitute default hereunder. 6. Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therem, or permit others to do so without thE' orior written consent of the Government. 7. Not to defease the bonds, or to borrow money, enter into any contract or agreement, or otherwise incur any liabilities for any purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the Government if such undertaking would involve the source of funds pledged to pay the bonds. 8. To place the proceeds of the bonds on deposit in an account and in a manner approved by the Government. Funds may be deposited in institutions insured by the State or Federal Government or invested in readily marketable securities backed by the full faith and credit of the United States. Any income from these accounts will be considered as revenues of the system. 9, To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in good condition, 10. To provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance, and the establishment of adequate reserves. Revenue accumulated over and above that needed to pay operating and mainte. nance, debt service and reserves may only be retained or used to make prepayments on the loan, Revenue cannot be used to pay any expenses which are not directly incurred for the facility financed by FmHA. No free service or use of the facility will be permitted. -2- 11. To acquire and maintain such insurance and fidelity bond covera~e as may be required by the Government. 12, To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to provide for required audit thereof as required by the Government, to provide the Government a copy of each such audit without its request, and to forward to the Government such additional information and reports as it may from time to time require. 13. To provide the Government at all reasonable times access to all books and records relating to the facility and access to the property of the system so that the Government may ascertain that the Association is complying with the provisions hereof and of the instruments incident to the making or insuring of the loan. 14, That if the Government requires that a reserve account be established and maintained, disbursements from that account may be used when necessary for payments due on the bond if sufficient funds are not otherwise available. With the prior written approval of the Government, funds may be withdrawn for: (a) Paying the cost of repairing or replaCing any damage to the facility caused by catastrophe. (b) Repairing or replacing short.lived assets. (c) Making extensions or improvements to the facility, Any time funds are disbursed from the reserve account, additional deposits will be required until the reserve account has reached the required funded level. 15, To provide adequate service to all persons within the service area who can feasibly and legally be served and to obtain FmHA's concurrence prior to refusing new or adequate services to such persons. Upon failure to provide services which are feasible and legal, such person shall have a direct right of action against the Association or public body, 16. To comply with the .measures identified in the Government's environmental impact analysis for this facility for the pur. pose of avoiding or reducing the adverse environmental impacts of the facility's construction or operation. -- - - - - -- -- -- - -- - 162 17. To accept a grant in an amount not to exceed $ 1.468.000.00 under the tenns offered by the Government; that the Chairman and Clerk of the Association are hereby authorized and empowered to take all action necessary or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant; and to operate the facility under the tenns offered in said grant agreement(s). The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan, unless otherwise specifically provided by the terms of such instrument, shall be binding upon the Association as long as the bonds are held or insured by the Government or assignee, The provisions of sections 6 through 17 hereof may be provided for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling between the Association and the Government or assignee The vote was: Yeas S Nays 0 Absent 0 IN WITNESS WHEREOF, the BOARD OF COMMISSIONERS of the SOUTHEAST WATER AND SEWER DISTRICT has duly adopted this resolution and caused it to be executed by the officers below in duplicate on this 18th day of February ,191,1.. SOUTHEAST WATER AND SEWER DISTRICT (SEAL) By ~/Q ll.~~ J P Attest: - Titlf' Chairman ..,f '-- Lt, W~v-<> j ~.v..QN.c-., 1.1\...: Clerk .J /) Titl" u~ OMB NO, 0575-0015 UNITED STATES DEPARTMENT OF AGRICULTURE FARMERS HOME ADMIN1STRATION Fonn FmHA 1942-46 (Rev.9.89) LETTER OF INTENT TO MEET CONDITIONS , Date Februarv 18. 1991 TO: Farmers Home Administration United States Department of Agriculture Suite B, 4001 Carya Drive Raleigh, North Carolina 27610 (County Office Address) We have reviewed and understand the conditions set forth in your letter dated . Februarv 15. 1991 It is our intent to meet all of them not later than Jul y 1. 1991 SOUTHEAST WATER & SEWER DISTRICT (Name of Associ4tion) BV'1?;- );J /~-- Chairman (Title) 163 (Rev. 8-12-76) Ut't:.KA I U'oju lSUUuJ:::.l t ffA-- Name Address SOtrrnEAST WATER AND SEWER DISTRICT PO BOX 7'iQ. 1,111 inp'tot' Applicant Fiscal Year County State (Including ZIP Code) From JULY 1 To JUNE 30 HARNEIT NC 27546 I 19 91-92 I 1992-93 I 19 \ 19 I First 'Full Year OPERATING INCCME (1) (2) (3) (4) (5) 1. WATER SAlES 176 812 263 976 2, TAP ON FEES 3000 3. 4. 5, Miscellaneous 6, Less: Allowances and ( )( ) ( ) ( ) ( ) Deductions 7, Total Operatin~ Income 176 812 266 967 (Add Lines 1 trough 6) I I , OPERATING EXPENSES 8,Salaries/Travel 17 000 17 000 9,Insurance/Audit 3000 3000 109ffice Expense 3 900 3 900 11Vtilities/Transportation 6200 9 300 12l1aintenance/Repair 3 600 l 'i 400 13Chem. Supplies/Misc. 2600 1QOO 14Bulk Water Purchase 61 300 Q1 nnn 15, Interest (FmHA) 78 176 116 100 16. Depreciation 44 400 66 300 17, Total Operatin~ Expense 220 176 '315 900 (Add LIRes 8 trough 16) 18, NET OPERATING INCOME < 43 364.) < 48 933 > (LOSS) (Line 7 less 17) NONOPERA TlNG INCOME 19. 20, 21, Total Nonoserating Income (Add 19 an 20) 22, NET INCOME (LOSS~ (Add Lines 18 and 21 < 43 364 ) < 48 933 > (transfer to line A Schedule ?\ Budgr Projected Cash ,low ~pproved by Governing Body Attest:..:jL(LV'-l.--<:L4u '-0..-1. C{.(~Il.d 2 -18-91 ~ <1 S"...."", D." :iH JJ ,J-- 7-1"-01 - .. Appropriate Offici4I' Dale -- 164 Schedule 2 PROJECTED CASH FLOW Firs t 19 91-92 1992-93 19 19 Full Year A, Line 22 from Schedule 1 Income (loss) <43 364> <48 933> M4 B, Items in Operations not Requiring Cash: 1. Depreciation (line 16 Schedule 1) 44 400 66 300 2. Others' C. Cash Provided From: 1. Proceeds from FmHA loan/grant 3 477 000 2. Proceeds from others 3. Incre~se (Decrease) in Accounts Payable, Accruals and other Current Liabilities 4, Decrease (Increase) in Accounts Receivable, Inventories and Other Current Assets (~~cll1de Cash) 5, Other' Applicant Contribu l.on 50 000 6, =Sale of BAN 1 905 000 D. Total all A, Band C Items 1 955 000 3 478 036 17 3~7 E, ~: Cash Expended for: 1, All Construction, Equipment and New Capital Items 1 763 500 1 763 500 (loan and Grant funds) 2, Replacement and Additions to Existing Property, Plant and Equipment 3 000 3. Principal Payment FmHA Loan 14 242 4. Principal Payment Other Loans 5. Other: Repay BAN 1 905 000 6, Total E 1 through 5 1 763 500 3 668 500 17 242 Add F, Beginning Cash Balances 0 191 500 G, Ending Cash Balances (Total of D Minus E 6 Plus F) S 191 500 S 1 036 It " " 125 I Item G Cash Balances Composed of: Construction Account S 191 500 S S S " Revenue Account Debt Payment Account O&M Account Reserve Account 1 036 12S. Funded Depreciation Account Others' Total - Agrees with Item G S 191 500 S 1 036 S S S 125 -.- 15 :6 USDA-FmHA Position J F~ Form FmHA 4004 (Rev. 8-29-79) ASSURANCE AGREEMENT (Under Title VI, Ci~ Rights Act of 1964) The SQl1.IH.~~'L!fATER ~_.~~!lEI\..Ql~nU5;I..__ --..----.--.-----.-------..........--..--.........---.........-......- , (name of recipient) ._.._.___1.....9 . BOX 7 ~.~......1.!..~.LINGTO~J._N~...._~l..2!!..~ ...----.....- ...............-......--....-....-.....................-.. , (address) ("Recipient" herein) hereby assures the U. S. Department of Agriculture that Recipient is in compliance with and will continue to comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d et. seq.), 7 CFR Part 15, and Farmers Home Administration regulations plomulgated thereunder, 7 C,F,R, 11901.202, In accordance with that Act and the regulations referred to above, Recipient agrees that in connection with any program or activity for which Recipient receives Federal financial assistance (as such term is defined in 7 C.F .R. 114.2) no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination. J. Recipient agrees that any transfer of any aided facility, other than personal property, by sale, lease or other conveyance or-contract, shall be, and shall be made expressly, subject to the obligations of this agreement and transferee's assumption thereof. 2. Recipient shall: (a) Keep such records and submit to the Government such timely, complete, and accurate information as the Government may determine to be necessary to ascertain our/my compliance with this agreement and the regulations. (b) Permit access by authorized employees of the Farmers Home Administration or the U.S. Department of Agriculture during normal business hours to such books, records, accounts and other sources of information and its facilities as may be pertinent to ascertaining such compliance. (c) Make available to users, participants, beneficiaries and other interested persons such information regarding the provisions of this agreement and the regulations, and in such manner as the Farmers Home Administration or the U.S. Department of Agriculture fmds necessary to inform such persons of the protection assured them against discrimina tion. 3. The obligations of this agreement shall continue: (a) As to any real property, including any structure, acquired or improved with the aid of the Fcde,.al financial assistance, so long as such real property is used for the purpose for which the Federal financial assistance is made or for another purpose which affords similar services or benefits, or for as long as the Recipient retains ownership or possession of the property, whichever Is longer, (b) As to any personal property acquired or improved with the aid of the Federal fmandal assistance, so long as Recipient retains ownership or possession of the property. (c) As to any other aided facility or activity, until the last advance of funds under the loan or grant has been made. 4. Upon any breach or violation of this agreement the Government may, at its option: (a) Terminate or refuse to render or continue financial assistance for the aid of the property, facility, project, service or activity. (b) Enforce this agreement by suit for specific performance or by any other available remedy under the laws of the United States or the State in which the breach or violation occurs. Rights and remedies provided for under this agreement shall be cumulative. In witness whereof, ._~Qy]'J!.~~~.I...N.~I~.~__~...~~.WEJL!21~:rRICT ___.._..._..._._....._.._..._....___.........._.... on this (name of recipient) date has caused Ihis agreement to be executed by its duly authorized officers and its seal affixed hereto, or, if a natural person, has hereunto executed this agreement. SOUTHEAST WATER & SEWER DISTRICT .............-....-..-........................................... . ..........R.e.apl~.;ji. (S E A L) ._~.~~E..~~!.y._.!.~.~..JJ..~.!...................._....._ _..... ...._.. ...._..... AlleSl:-:~j,J:i~~leO Date Chairman 4l--------jT2J{o.-:;:j=.-----ntli-O - --!~..:.:.----.- -- ---~!:~.--..-....-----R-;;:i;;;;;;;i" v I-I1:H- FORM APPROVED UNITED STATES DEPARTMENT OF AGRICULTURE OMS No. OS75-()018 Fonn FmHA 400-1 APPROVAL EXPIRES 4/84 (Rev, 7.19-83) FARMERS HOME ADMINISTRATION EQU AL OPPORTUNITY AGREEMENT This agreement, dated .-....-....f.~~!'.~.<?:!:.:r....!.~.!....~.2.~.~_.._......_.._...._...._.._.........._.._......_......................... between ......-................ SOUTHEAST WATER & SEWER DISTRICT .-....................-.--...--....................-.....-..........--................................-.....................-...............-...-.................--..................-.......-......-...-.........-..-.--..........-................... (herein called "Recipient" whether one or more) and the Farmers Home Administration, United States.' ri.~~rt;;;~~t..~f' Agriculture, pursuant to the rules and regulations of the Secretary of Labor (herein called the 'Secretary') issued under the authority of Executive Order 11246, as amended, witnesseth: In consideration of financial assistance (whether by a loan, grant, loan guaranty, or other fonn of financial assistance) made or to be made by the Farmers Home Administration to Recipient, Recipient hereby agrees, if the cash cost of construction work performed by Recipient or a construction, contract financed with such financial assistance exceeds $lO,OOO--unless exempted by rules, regulations or orders of the Secretary of Labor issued persuant to Section 204 of Executive Order 11246 of September 24, 1965. 1. To incorporate or cause to be incorporated into any contract for construction work, 0; modification thereof, subject to tbe r~levant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid for in whole or in part with the aid of such financial assistance, the following "Equal Opportunity Clause": During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or transfer; recruitment .>r recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Farmers Home Administration setting forth the provisions of this nondiscrimination clause. - - - - - -- - 166 (b) The contractor will, in all solicitations or advertisements Cor employees placed by or on behalf oC the contractor, state that all qualified applicants will receive consideration Cor employment without regard to race, color, religion, sex or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Farmers Home Administration, advising the said labor union or workers' representative oC the contractor's commitments under this agreement as required pursuant to section 202(3)- of Executive Order 11246 oC September 24, 1965, and shall post copies oC the notice in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of all rules, regulations and relevant orders of the Secretary of Labor and of any prior authority which remain in effect. (e) The contractor will furnish all inCormation and reports required by Executive Order 11246 oC September 24, 1965, rules, regulations, and orders, or pursuant thereto, and wiU permit access to his books, records, and accounts by the Farmers Home Administration, Office of Equal Opportunity, U. S. Department of Agriculture, and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (0 In the event of the contractor's noncompliance with the Equal Opportunity (Federally Assisted Construction) clause or with any of the said rules, regtllations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government Contracts or Federally Assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as provided by Law. (g) The contractor will include the provisions of this Equal Opportunity (Federally Assisted Construction) clause in every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each such subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Farmers Home Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, howp.ver, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Farmers Home Administration, the contractor may request the United States to enter into such litigation to protect the interest of the United States. 2. To be bound by the provisions of the Equal Opportunity Clause in construction work performed by Recipient and paid for in whole or in part with the aid of such financial assistance. 3. To notify all prospective contractors to file the required 'Compliance Statement', ,Form FHA 400-6, with their bids. 4. Form AD-42S, Instructions to Contractors, will accompany the notice of award of the contract. Bid conditions for all nonexempt Federal and Federally assisted construction contracts require inclusion of the al'l"~l'.:ate "Hometown" or "Imposed" plan affirmative action and equal employment opportunity requirements. AU bidders must comply with the bid conditions contained in the invitation to be considered responsible bidders and hence eligible for the award. 5. To assist and cooperate actively with the Farmers Home Administration and the Secretary in obtaining the compliance of contractors and subcontractors with the provisions of the Equal Opportunity Clause and the said rules, regulations, and orders, to obtain and furnish to the Farmers Home Administration and the Secretary, Form AD-S60, Certification of Nonsegt'egated Facilities, to submit the Monthly Employment Utilization Report, Form CC257, as required and such other information as they may require the ~pervision of such compliance, and to otherwise assist the Fanners Home Administra- tion in the discharge of its primary responsibility for securing compliance, 6. To refrain from entering into any contract, or extension or other modification of a contract, subject to such Executive Order with a contractor debarred from Government contracts or federally assisted construction contracts pursuant to Part U, Subpart D, of such Executive Order or to prior authority; and to carry out such sanctions and penalties for violation of the provisions of the Equal Opportunity Clause as may be imposed upon contractors and subcontractors by the Farmers Home Administration or the Secretary pursuant to such Subpart D. 7. That if Recipient fails or refuses to comply with these undertakings, the Farmers Home Administration may take any or all of the following actions: (a) cancel, tenninate, or suspend said financial assistance in whole or in part; (b) refrain from extending any further assistance under the program involved until satisfactory assurance of future compliance has been received from Recipient; and (c) refer the case to the Office of Equal Opportunity, U. S. Department of Agriculture for appropriate action. Witness the due execution hereof by Recipient on this, the date first above written. Recipient Recipient SOUTHEAST WATER & SEWER DISTRICT (CORPORATE SEAL) Name of orporate Recipient Alle"'~ '-I J.'t~Vv-r/ By );;/kJ--- Chairman ~Kt Clerk (~ 167 USDA-FmHA Form FmHA 194~1 REOUEST FOR OBLIGATION OF FUNDS (Rev. 9-88) 2. BORROWER NAME 3. NO. NAME FIELDS S. 0, U, T, H, E, A, 51 TI ,W, AI T, E, R. . AI NIDI ") 21 (1,2, or3 'rom Item 2J 4, STATE NAME 5,EIWIE,R, 101 II 51 ~ RIIICI TI I I 1 I l~) ~O,R,n ~ ,CIA,RIOILIIINIAI I &, COUNTY NAME ~~i%t~~M~Mr~%~:WI'1P~~""';:'{WGE~e8AL._J.:.fi!:~1.~..~~il~.'i':"~;"ltlt:::'~m:Ji:~:::t;Sm;t":'Jt;,JHt@t:;J;; i:.;....;'.,... '" iti:':;:):"':':";' 6. 'RACeliiTHNIC CLASSIFICATION ...d d.dddd.d . ddd d.d 7, ddSEX CODe "",7 Male"'''. 4. Organization-Male Owned :z - Ftmale 5. Organization - Female Ownad 11 - White 2 - Bleck 3 - AllAN 4. HI.panlc 5 - A/PI 61 3 - Family Unit 5. Public BOdy 8. MARITAL STATUS 9. VETERAN CODE 10, CREDIT REPORT 11, DIRECT PAYMENT 1 _ Marrlecl . 3 - Unmarried 1 - County OffIce 3 - No 1 2 -Sep~rated 11 - V.. 2 - No 211 - Ve. :z. No 3\2 - Flnanea Office 12, TYPE OF PAYMENT 13, FI:E INSPECTION 14, INTEREST CREDIT 15, COMMUNITY SIZE 1 _ Monthly 3 - Semiannual 1 - Ve. 1. 10,000 or IBI. (SFH.. MFH (SFH" MFH Only} Only} 2) 2 -.~nnuall.~ '.d~~..~~~rt~~~~ ............. 211d:~~S .2 - No . . l2. No . 2. Ovar 10,000 %fnllM!\tNmU#t)t;?:'?!:~';';\f.(" .'.riX ,':\..,'..:2':'.'::,??CQ~"'FOR08LlGATIOH OF,'-::.UNOI 16. TYPE OF ASSISTANCE 17, PURPOSE CODE 18. TYPE OF FUNDS Ot 6L 7l t 1 21 (See FMI) 19, PERCENT OF LOAN 19A, TERM OF INTEREST 20, TYPE OF AClION GUARANTEED RATE BUYDOWN 1. ObligatIon Only (Comp'ete,' Item 18 I 2" Ohllgatlon/Check Reque., I I equal, I, 3, 4, or 6} . I (See FMI) 1 3. Correction of Obligation 21. TVPE OF SUBMISSION 22, AMOUNT OF LOAN 23, AMOUNT OF GRANT S S 1 - Initial (Enter Code 21' IUb,elluent 'oon GIIOcloted Il2" Sub.equent u.lth CredltSo~ orA"umptlon} 1 Ij',91 3, 5101 OtO.O,O I . I Qt4l,6l ~ 01 O,OtOIO I 24, AMOUNT OF IMMEDIATE 2&, DATE OF APPROVAL 26, NTEREST RATE 27, REPAYMENT TERMS S ADVANCE MO OA VR }.J J. '......1. J.. 1~"OJO, . . L J-J J I-I I I Ol6~0, 0,0,0\''') .' 01 (No,o,Veon} .:. ,<a,.... .,':,.,i:l;;;~':.,:,.... t:~;.:;:..".. '" x . ,. ..... COMPbu c fOR SINGLE f:AMILY HOUSING ONLY, j "28.,"'. iNCO'M.e CATE.GORV CODES 29, LOW INCOME LIMIT -MAX. 30, ADJUSTED FAMI LV S S INCOME 1 . Very Low 3 - Moderate I 2 - Low 4 - Above Moderate I .! I , .0,0 I I . l IOta 10 1 31. R. E. INSURANCE 32, ft, E, TAXES. ht VEAR 33, R, E, TAXES - 2nd YEAR 34, NOTE INSTALLMENT S S S S INELIGIBLE ! . , . 0, 0 1 ~ I , .0,0 It. , . a, 0 1 ~ I I .010 1 35. TVPE OF UNIT 36, DWELLING CODE 1 . Farm Tract 1 . Build 3. Purche.a Old 5" Repelr 7 a Reflnanc.Rapelr J 2 - Non.Farm Tract '. ..J 2 - Purcha.e New 4" Refinance 6 . Purcha.e Old. Repair W'::::fMmm}Ig::@::~CQ"'Le1'E:FORCOMMUNltYPROGRAMANQ:CERTAIN. MULTIPLE-fAMILVHOUSINGLOANI..'> "37: 'TVPE, OF APPLICANT . . 38. PROFIT TVP~ , _ Individual 3 - Corporation . IS - A.sn. of Farma,. 7 . Other 41 2" Pannershlp 4 - Public Body 6. Org..~. of Farm Workers .1' 1" F~II Profit :z .. Limited .Proflt 3 a Non,P,oflt ~':.)t<. "?i . >CQMptETEfQR:,EM.LOANSONLY> > "'CQMPL.ETEFOACREDIT SALE/ASSUMPTIONIONLY 39, DISASTER DESIGNATION NUMBER 40. TVPE OF SALE 1 .. Credit Sale Only 3 = Credit Sal./Sub~.quent Loan I 1 I I (See FMI) 1 2 - A..umptlon Only 4 = Assumption/Subsequent Loan . Position 2 FmHA 1940-1 (Rev. 9-881 ORIGINAL - Borrower'. ea. Folder CERTIFICATION APPROV At 41. COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIAL Loan approval subject to the requirements of the Letter of Conditions dated February 15, 1991; FmHA Instructions; Form FmHA-NC 442-13, Processing Checklist; Loan Closing Instructions issued by the Office of the General Counsel; and availability of funds. '. 42, I HEREBY CERTIFY that I am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms In or near my community for loans for similar purposes and periods of time. I agree to use, subject to and In accordance with regulations appli- cable to the type of assistance indicated above, and request payment of the sum specified herein, I agree to report to FmHA any material adverse changes, financial or otherwise, that .occur prior to loan closing. I certify that no part of said. sum has been received, I have reviewed the loan approval requirements and comments associated with this loan request and agree to comply with these provisions, , (For SF" & FP loans at eligible terms only) If this loan is approved, I elect the interest rate to be charged on my FmHA loan to be the lower of the interest rate in effect at the time of loan approval or loan closing, If I check "NO", the interest rate charged on my loan will be the rate specified in Item 26 of this form, YES NO 168 WARNING: Section 1001 of Title 18. United States Code provides: ''Whoever. in any matter within the jurisdiction of any departm....t or agency of the United States knoWingty and willfully falsifies. conceals or covers up . , . a matarial fIIct or makes any false. fictitious or fraudulent statements or fl., ... "ltions. or makes or u_ any false writing or document knowing the same to contain any "Ise. fictitious or fraudulent statem.nt or entry, shall be fined not more than $10.000 or Imprisoned not mora than 6 y.rs, or both." DatI" February 18 19 91 SOUTHEAST WATER AND SEWER DISTRICT 4 JJ .;is;'''] of AppHe..t) /,1 ! - . ,. , ' , , (.Lv"'" . DatI" February 18 19 91 , .'";~ ,; -- . ATTEST: 7C.iJ.~~. "~f~ ~ (Clerk) CHAIRMAN 43. I HEREBY CERTIFY tM.t; aU of the committee and administrative determinations and certifications required by Farmers Home Administration regulations prerequisite to providing assistance of the type indicated above have been made and that evidence thereof is in the docket, and that all requirements of pertinent regulations have been complied with, I hereby approve the above.described assistance in the amount set forth above, and by this document, subject to the availability of funds, the Government agrees to advance such amount to the applicant for the purposes of and subject to conditions prescribed by Farmers Home Administration regulations applicable to this type of assistance. (Signature. of Approving Officitll) Date Approved: Title: 44. TO THE APPLICANT: As of this date this is notice that your application for the above fmancial assistance from, the Fanners Home Administration has been approved, as indicated above, subject to avail- ability of funds and other conditions required by the Fanners Home Administration. If you have any questions contact the County Supervisor, .USUA-FmHA Position 3 FORM APPROVED F P7I- Form FmHA 1910-11 OMS NO. 0575.()127 (Rev, 9-89) APPLICANT CERTIFICATION FEDERAL COLLECTION POLICIES FOR CONSUMER OR COMMERCIAL DEBTS The Federal Government ill authorized by law to take any or all of the fOllowing actions in the event your loan payments become delinquent or you default on your loan: Report your name and account information to a credit reporting agency. Assess interest and penalty charges for the period of time that payment is not made. I Assess charges to cover additional administrative costs incurred by the government to service your account. Offset amounts to be paid to you under other Federal Programs. Refer your account to a private collection agency to collect the amount due. Foreclosure on any security you have given for the loan. Pursue legal action to collect through the courts, Report any written off debt to the Internal Revenue Service as taxable income, If you are a current or retired Federal employee, take action to offset your salary. or civil service retirement benefits, Debar or suspend you from doing business with the Federal Government either as a participant or principal throughout the executive branch of the Federal Government for the period of debarment or suspension, Any or all of these actions may be used to recover any debts owed when it is determined to be in the interest of the Government to do so, - - - - - CERTIFICATION: I/we have read and I/we understand the actions the Federal Government may take in the event that I/we fail to meet my/our scheduled payments in accordance with the terms and conditions of my/our agreement. I/we understand that the above list is not all inclusive and that the Federal Government may deem additional actions necessary to collect should I/we become delinquent. (Signature -Individual(s)) (Date) (Signature -Individual(s)) (Date) _______________________________________________________~y!~aJl_~~_~21 I SOUTHEAST WATER & SEWER DISTRICT (SEAL) (Name or Applicant) ~or!1ri~~ Chairman ~EST: i" (Title or Authorized Entity Official) I "-1' ; /. ) Y . /, O~VI..i:..a~O"---, ~ (_ . I ( ,,<, P.O. Box 759 . (Signature or Attesting rricial) () (Address) r.lprk Lillington, NC 27546 ITille or Alle"in.. Orriciall ICilv. Slale. and Zin Cocl.-} '" ' /-"' I 169 U.S. DEPARTMENT OF AGRICULTURE Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal ReQister (pages 4722'4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction, (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) ( 1 ) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency: (b) have not within a three-year period preceding this proposal been convicted of or had a civil Judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction: violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property: (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification: and (d) have not within a three-year period preceding this application/proposal had one or I more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. SOUTHEAST WATER & SEWER DISTRIc;T Organization Name PR/Award Number or Project Name Chairman Name and Title of Authorized Representative s,.1!:f )j .~ Februarv ]:~ ' I 99 ,. Date INSTRUCTIONS FOR CERTIFICATION 1- By signing and submitting this form, the prospective primary participant is providing the certification set out on the reverse side in accordance with these instructions. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out on this form. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance I was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its.certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Execut've Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations, 6. The prospective primary participant agrees by submitting this form that, should the proposed covered transaction be entered Into, It shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participat.ion in this covered transaction, unless authorized by the department or agency entering into this transaction, 170 7, The prospective primary participant further agrees by submitting this form that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List, 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or defaul t. FIt7r OMB APPROVAL NO, 9000 - 0101 U.S. DEPARTMENT OF AGRICULTURE CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS (GRANTS) ALTERNATIVE I - FOR GRANTEES OTHER THAN INDIVIDUALS This certification is required by the regulations implementing Sections 5151-5160 of the Drug- Free Yorkplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D: 41 U.S.C. 701 et seq.), 7 CFR Part 3017, Subpart F, Section 3017,600, Purpose. The regulations were published as Part II of the January 31, 1989 Federal ReQister (pages 4947-4952). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the grant. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) Alternative I (A) The grantee certifies that it will provide a drug.free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing a drug-free awareness program to inform employees about -- (1) The dangers of drug abuse in the workplace: (2) The grantee's policy of maintaining a drug-free workplace: (3) Any available drug counseling, rehabilitation, and employee assistance programs: and (4) The penalties that may be imposed upon employees for drug abuse violations occurring the workplace: (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a): (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -. I ( 1 ) Abide by the terms of the statement: and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction: (e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction: (0 Taking one of the following actions, within 30 days of receiving notice under SUbparagraph (d)(2), with respect to any employee who is so convicted .. (1) Taking appropriate personnel action against such an employee, up to and including termination: or i 7 1 (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The grantee shall Insert In the space provided below the slte(s) for the performance of work done in connection with the specific grant. Place of Performance (Street address, city, county, State, zip code) SOUTHEAST WATER & SEWER DISTRICT Organization Name PR/Award Number or Project Name Chairm.an 'Yid T:&..)juth/.i;:::;:r~v. February 18, 1991 Sign"Jtu:J Date INSTRUCTIONS FOR CERTIFICATION 1. By signing and SUbmitting this form, the grantee Is providing the certification set out on pages 1 and 2. 2. The certification set out on pages 1 and 2 Is a material representation of fact upon which reliance was placed when the agency determined to award the grant, If It is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free ~orkplace Act, the agency, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free ~orkplace Act, ~-)I / I l'orl11 I'm II A I'l.t~-JI h WM AI'I'R\ I\TI1 (Rev. 12-IW) l>MI\ Nil. Oq'i Otl7~ UNITED STATES DEPARTMENT OF ACRICUL TUII.E FARMERS HOME ADMINISTRATION ASSOCIATION WATER OR SEWER SY STEM GRANT AGREEMENT TillS AGREEMENT dated Februarv 18 , 19 .1.!., between SOUTHEAST WATER AND SEWER DISTRICT OF HARNETT COUNTY , , .. a public corporation organized and operating under CHAPTER 162-A OF THE GENERAL STATUTES OF THE STATE OF NORTH CAROLINA ~ .. ~ . (Authorizinx StDtute) herein called "Grantee," and the United States of America acting through the Farmers Home Administration. Department of A~ri- culture, herein called "Grantor," WITNESSETH: WHEREAS Grantee has determined to undertake a project of acquisition, construction, enlargement, or capital improvement of a (water) (sewer) system to serve the area under its jurisdiction at an estimated cost of S 3.453,000 and has duly authorized the undertaking of such project. Grantee is able to finance not more than S 1,985,000 of the development costs through revenues, charges, taxes or assessments, or funds otherwise available to Grantee resulting in a reasonable user charge. Said sum of $ 1,985,000 has been comitted to and by Grantee for such project development costs. Grantor has agreed to grant the Grantee a sum not to exceed $ 1,468,000 or .4251 percent of said development costs, whichever is the lesser. subject to the terms and conditions established by the Grantor. Provided, however, that the proportionate share of any grant funds actually advanced and not needed for grant purposes shall be returned immediately to the Grantor. The Grantor may terminate the grant in whole, or in part, at any time before the date of completion, whenever it is determined that the Grantee has failed to comply with the conditions of the grant. NOW, THEREFORE, In consideration of said grant by Grantor to Grantee, to be made pursuant to Section 306 (a) of the Consolidated Farm and Rural Development Act for the purpose only of defraYing a part not to exceed .4251 percent of the development costs, as defined by applicable Farmers Home Administration instructions. --------- 172 GRANTEE AGREES THAT GRANTEE WILL: A, Cause said project to be constructed within the total sums available to it, including said grant, in accordance with the project plans and specifications and any modifications thereof prepared by Grantee and approved by Grantor. 8, Permit periodic inspection of the construction by a representative of Grantor during construction. C. Comply with any measures identified in the Government's environmental impact analysis for this facility for the pur- pose of avoiding or reducing the adverse environmental impacts of the facility's construction or operation. D. Comply with all applicable state and federal laws and regulations and manage, operate and maintain the system, including this project if less than the whole of said system, continuously in an efficient and economical manner. E. Make the services of said system available within its capacity to all persons in Grantee's service area without discrimina- tion as to race, color, religion, sex, national origin, age, marital status, or physical or mental handicap (possess capacity to enter into legal contract for services) at reasonable charges, including assessments, taxes, or fees in accordance with a schedule of su(;h charges, whether for one or more classes of service, adopted by resolution date Februarv 18 ,19 91, as may be modified from time to time by Grantee. The initial rate schedule must be approved by Grantor. Thereafter, Grantee may make such modifications to the rate system as long as the rate schedule remains reasonable and nondiscriminatory, F. Adjust its operating costs and service charges from time to time to provide for adequate operation and maintenance, emergency repair reserves, obsolescence reserves, debt service and debt service reserves, G. Expand its system from time to time to meet reasonably anticipated growth or service requirements in the area within its jurisdiction. H. Provide Grantor with such periodic reports as it may require and permit periodic inspection of its operations by are. presentative of the Grantor, I. To execute Forms FmHA 400-1, "Equal Opportunity Agreement," and FmHA 400-4, "Assurance Agreement," and any other agreements required by Grantor which Grantee is legally authorized to execute. If any such forms have been executed by Grantee as a result of a loan being made to Grantee by Grantor contemporaneously with the making of this Grant, another form of the same type need not be executed in connection with this Grant. J. Upon any default under its representations or agreements set forth in this instrument, or in the instruments incident to the awarding of the grant, Grantee, at the option and demand of Grantor, to the extent legally permissible, will repay to grantor forthwith the original amount of the grant received with the interest accruing thereon from the date of default at the market rate for water and waste disposal loan assistance in effect on the date hereof or at the time the default occurred, whichever is greater. Default by the Grantee will constitute termination of the grant thereby causing cancellation of Federal assistance under the grant. The provisions of this Grant Agreement may be enforced by Grantor, at its option and without regard to prior waivers by it of pre- vious defaults of Grantee, by jUdicial proceedings to require specific performance of the terms of this Grant Agreement or by such other proceedings in law or equity, in either Federal or State courts, as may be deemed necessary by Grantor to assure compliance with the provisions of this Grant Agreement and the laws and regulations under which this grant is made. K, Return immediately to Grantor, as required by the regulations of Grantor. any grant funds actually advanced and not needed by Grantee for approved purposes, L. Use the real property including land, land improvements, structures, and appurtenances thereto, for authorized purposes of the grant as long as needed. I. Title to real property shall vest in the recipient subject to the condition that the Grantee shall use the real property for the authorized purpose of the original grant as long as needed. 2, The Grantee shall obtain approval by the Grantor agency for the use of the real property in other projects when the Grantee determines that the property is no longer needed for the original grant purposes. Use in other projects shall be limited to those under other Federal grant programs or programs that have purposes consistent with those authoriZed for sup- port by the Grantor. 3. When the real property is no longer needed as provided in 1 and 2 above, the Grantee shall request disposition instructions from the Grantor agency or its successor Federal agency, The Grantor agency shall observe the followine rules in the disposition instructions: (a) The Grantor may be permitted to retain title after it compensates the Federal Government in an amOUQt computed by applying the Federal percentage of participation in the cost of the original project to the fair market value of the property, (b) The Grantee may be directed to sell the property under guidelines provided by the Grantor agency ana pay the Federal Government an amount computed by applying the Federal percentage of participation in the cost of the original project to the proceeds from sale (after deducting actual and reasonable selling and fix-up expenses, if any, from the sale proceeds). When the Grantee is au thorized or required to sell the property, proper sales procedures shall be estab- lished that provide for competition to the extent practicable and result in the highest possible return. (c) The Grantee may be directed to transfer title to the property to the Federal Government provided that in such cases the Grantee shall be entitled to compensation computed by applying the Grantee's percentage of participa- tion in the cost of the program or project to the current fair market value of the property. The Grant Agreement covers the following described real property (use continuation sheets as necessary J. All tank sites, pump station sites, meter vault sites, all Rights of Way or Easements that are obtained by Southeast Water and Sewer District by negotiations, condemnation, or purchase of existing systems. M. Abide by the following conditions pertaining to nonexpendable personal property which is furnished by the Grantor or acquired wholly or in part with grant funds, Nonexpendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $300 or more per unit. A Grantee may use its own definition of nonexpeildable per-anal property provided such definition would at least include all tangible personal personal property as defined above. I. Use of nonexpendable property, (a) The Grantee shall use the property in the project for which it was acquired as long as needed. When no longer needed for the original project, the Grantee shall use the property in connection with its other Federally sponsored activ- ities, if any, in the following order of priority: (I) Activities sponsored by FmHA. (2) Activities sponsored by other Federal agencies, (b) During the time that nonexpendable personal property is held for use on the project for which it was acquired, the Grantee shall make it available for use on other projects if such other use will not interfere with the work on the project for which the property was originally acquired. First preference for such other use shall be given to FmHA sponsored projects. Second preference will be given to other Federally sponsored projects. , Disposition of nOnl'xpendahle property. When the Grantel' no longer needs thl' property as provided in para~raph (a) ahove, the property may be used for other activites in accordance with the following standards: (a) Nonexpendable property with a unit acquisition cost of less than $1,000. The Grantee may use the property for other activities without reimbursement to the Federal Government or sell the property and retain the proceeds. (b) Nonexpendable personal property with a unit acquisiton cost of $1,000 or more. The Grantee may retain I the property for other uses provided that compensation is made to the original Grantor agency or its successor. The amount of compensation shall be computed by applying the percentage of Federal participation in the cost of the original project or program to the current fair market value of the property. If the Grantee has no need for the property and the property has further use value, the Grantee shall request disposition instructions from the original Grantor agency. The Gra.ltor agency shall determine whether the property can be used to meet the agency's requirements. If no require- . ment exists within that agency, the availability of the property shall be reported, in accordance with the guidelines of the Federal Property Management Regulations (FPMR). to the General Services Administration by the Grantor agency to determine whether a requirement for the proper-ty exists in other Federal agencies. The Grantor agency shall issue instructions to the Grantee no later than 120 days after the Grantee request and the following procedures shall g\?vern: 1 .73 i I (I) If so instructed or if disposition instructions are not issued within 120 calendar days after the Grantee's request, the Grantee shall sell the property and reimburse the Grantor agency an amount computed by applying to the sales proceeds the percentage of Federal participation in the cost of the original project or program. How- ever, the Grantee shall be permitted to deduct and retain from the Federal share $100 or ten percent of the pro- ceeds, whichever is greater,Jor the Grantee's selling and handling expenses. (2) If the Grantee is instructed to ship the property elsewhere the Grantee shall be reimbursed by the benefitting Federal agency with an amount which is computed by applying the percentage of the Grantee parti- cipation in the cost of the original grant project or program to the current fair market value of the property, plus any reasonable shipping or interim storage costs incurred. (3) If the Grantee is instructed to otherwise dispose of the property, the Grantee shall be reimbursed by the Grantor agency for such costs incurred in its disposition. 3. The Grantee's property management standards for nonexpendable personal property shall also include: (a) Property records which accurately provide for: a description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage (at the end of budget year) of Federal participation in the cost of the project for which the property was acquired; location, use and condition of the pro- perty and the date the information was reported; and ultimate disposition data including sales price or the method used to determine current fair market value if the Grantee reimburses the Grantor for its share, (b) A physical inventory of property shall be taken and the results reconciled with the property records at least \ once every two years to verify the existence, current utilization, and continued need for the property. (c) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft of nonexpendable property shall be investigated and fully documented. (d) Adequate maintenance procedures shall be implemented to keep the property in good condition. (e) Proper sales procedures shall be established for unneeded property which would provide for competition to the extent practicable and result in the highest possible return. \ This Grant Agreement covers the following described nonexpendable property (use continuation sheets as necessary), All distribution lines, meters, valves, fire hydrants, water storage tanks, all buildings, master meters, and any and all other facilities constructed or purchased by Southeast Water and Sewer District as a part of its initial water distribution facility. N. Provide Financial Management Systems which will include: 1. Accurate, current, and complete disclosure of the financial results of each grant. Financial reporting will be on an accrual basis. 2. Records which identify adequately the source and application of funds for grant-supported activities. Those records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income. 3, Effective control over and accountability for all funds, property and other assets, Grantees shall adequately safe- guard all such assets and shall assure that they are used solely for authorized purposes. 4. Accounting records supported by source documentation, 0, Retain financial records, supporting documents, statistical records, and all other records pertinent to the grant for a period of at least three years after grant closing except that the records shall be retained beyond the three-year period if audit findings have not been resolved. Microfilm copies may be suhstituted in lieu of original records, The Grantor and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Grantee's government which are pertinent to the specific grant program for the purpose of making audits, examinations, ex- cerpts and transcripts. P. Provide information as requested by the Grantor to determine the need for and complete any necessary Environmental Impact Statements. Q.. Provide an audit report prepared in sufficient detail to allow the Grantor to determine that funds have been used in compliance with the proposal, any applicable laws and regulalions and this Agreement. R. Agree to account for and to return to Grantor interest earned on ~rant flinus pend\llg this dishursement for prol!ram purposes when the Grantee is a unit of local government or a nonprofit organization. Stales and agencies or instrumentalities of states shall not be held accountable for interest earned on grant funds pending their disbursement. S. Not encumber, transfer or dispose of the property or any part thereof, furnished by the Grantor or acquired wholl~' or in part with Grantor funds without the written consent of the Grantor except as provided in items K and l above. T. Include in all contracts for construction or repair a provision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.c. 874) as supplemented in Department of labor regulations (29 CFR, Part 3). The Grantee shall report all suspected or reported violations to the Grantor. U. In construction contracts in excess of S2,OOO and in other contracts in excess of 52500 which involve the employment of mechanics or laborers, to include a provision for compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.c. 327-330) as supplemented by Department of labor regulations (29 CFR, Part 5). V. To include in all contracts in excess of S 100,000 a provision that the contractor agrees to comply with all the require- ments of Section 114 of the Clean Air Act (42 U,S.c. ~187SC-9) and Section 308 of the Water Pollution Control Act (33 U.S.c. ~ 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other relJuirements specified in Section 114 of the Clean Air Act and Section 308 of the Water Pollution Control Act and all regulations and guidelines issued thereunder after the award of the contract. Such regulations and guidelines can be found in 40 CFR 15.4 and 40 FR 17126 dated April 16, 1975. In 50 doing the Contractor further agrees: 1. As a condition for the award of contract, to notify the Owner of the receipt of any communication from the Envi- .c ronmental Protection Agency (EPA) indicating that a facility to be utilized in the performance of the contract is under con- sideration to be listed on the EPA list of Violating Facilities. Prompt notification is required prior to contract award, 2. To certify that any facility to be utilized in the performance of any nonexempt contractor subcontract is not listed on the EPA list of Violating Facilities pursuant to 40 CFR 15.20 as of the date of contract award. 3. To include or cause to be included the above criteria and the requirements in every nonexempt subcontract and that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. As used in these paragraphs the term "facility" means any building, plan, installation, structure, mine, vessel or other floating craft, location, or site of operations, owned, leased, or supervised by a Grantee, cooperator, contractor, or subcontractor, to be utilized in the performance of a grant, agreement,contract, subgrant, or subcontract. Where a location or site of operation contains or in- cludes more than one building, plant, installation, or structure, the entire location shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are co-located in one geographicaL area, W, The following clause is applicable to nonprofit organizations: As . condition of this Grant or Cooperative Agreement, the recipient assures and certifies that it is in compliance with and will comply in the course or the Agreement with all applicable laws, regulations, Executive Orders and other generally applicable requirements, including those set out in 7 CFR 3015.205(b), which hereby are incorporated in this Agreement by reference, and such statutory provisions as are speclficaUy set forth herein, GRANTOR AGREES THAT IT: A. Will make available to Grantee for the purpose of this Agreement not to exceed S 1.468.000 which it will advance to Grantee to meet not to exceed .4251 percent of the development costs of the project in accordance with the actual needs of Grantee as determined by Grantor, 8, Will assist Grantee, within available appropriations, with such technical assistance as Grantor deems appropriate in planning the project and coordinating the plan with local official comprehensive plans for sewer and water and with any State or area plans for the area in which the project is located. C, At its sole discretion and at any time may give any consent, deferment, subordination, release, satisfaction, or termina- tion of any or all of Grantee's grant obligations, with or without valuable consideration, upon such terms and conditions as Grantor may determine to be (]) advisable to further the purp()se of the grant or to protect Grantor's financial interest therein and (2) con- sistent with both the statutory purposes of the grant and the limitations of the statutory authority under which it is made. 174 TERMINATION OF THIS AGREEMENT This Agreement may be terminated for cause in the event of default on the part of the Grantee as provided in. Paragraph I above or for convenience of the Grantor and Grantee prior to the date of completion of the grant purpose. TermJnatJ~n. for con- venience will occur when both the Grantee and Grantor agree that the continuation of the project will not produce beneficial results commensurate with the further expenditure of funds. IN WITNESS WHEREOF Grantee on the date first above written has caused these presence to be executed by its duly author- ized Chairman and attesJed and its corporated seal affixed by its duly authorized Clerk ~ ATTI:ST: I . '---I '"'I ~rf)]," I c-' . Lj z ) . , ;,' r_ ~ /H~ uJUAi . : - . I"., Hy v ('vvu,~'.J.."-_. .. ~ , ciA l.\/ (". By ; , J I Clerk Chairman .' (Title J (Title J UNITED STATES OF AMERICA FARMERS HOME ADMINISTRATION By District Director (Title J A TT ACf IMENT 3. NORTH CAROLINA RESOLUTION HARNETT COUNTY WHEREAS, the Harnett County Board of Commissioners has received a resolution duly adopted by the Board of Directors of Flat Branch Volunteer Fire Department Inc. , authorizing the officers of that corporation to enter into a Municipal Lease and Option Agreement wi th regard to a Fire Truck, a copy of which agreement has been furnished to this Board; and WHEREAS, the Harnett County Board of Commissioners have been asked, as the governing Board of the governmental unit having jurisdiction of the area for which the Flat Branch Volunteer Fire Department, Inc. , provides Fire Protection services pursuant to written contract with this Board, to approve the execution of that contract pursuant to 5147 of the Internal Revenue Code of 1986, as amended; and the Board of Directors of Flat Branch Volunteer Fire Department, Inc. called for a public hearing to be held at the Flat Branch Fire Station at 8:00 p.m. on February 15, 1991; and WHEREAS, said public hearing was duly advertised in a newspaper having general circulation in the district once per week for two successive weeks immediately prior to said public hearing; and WHEREAS, a public hearing was held at 8:00 p.m. on February 15, 1991 at the Flat Branch Fire Station; and WHEREAS, this Board ~s of the opinion that acquisition of the Fire Truck, which is needed to replace a unit of approximately 175 twenty years of age, is necessary to the effective provision of fire protection services to the Flat Branch Fire District. NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners approve execution by the Officers of the Flat Branch Volunteer Fire Department, Inc. of the aforesaid Municipal Lease and Option Agreement to be entered into with Emergency One, Inc. Passed this the 18th day of February, 1991. Votes: AYE 5 NAY 0 HARNETT COUNTY BOARD OF COMMISSIONERS BY: ~~ /J ,~-aJ' ~ oyd . Stewart, 'Chairman Attested: - .-. ( .-' I . \ '-.oJ} I,. ,1c..,...L,,~~ '-f ,L, . v jtJ <-.,T'/ ~ . Vanessa W. Youngu Cldrk STATE 01' NORTH CAROLINA COUNTY OF HARNETT CERTIFICATE OF CLERK RE APPROVAL OF TAX-EXEMPT LOAN TO VOLUNTEER FIRE DEPARTMENT BY BOARD OF COMMISSIONERS The undersigned, being the duly ,qualified Clerk of Harnett County, Rorth Carolina, does hereby certify that the following is a true and accurate copy of a Resolution passed by the Board of Commissioners of Harnett County, North Carolina, at its regular meeting on the 18th day of February, 1991, which Resolution was duly introduced, seconded, and approved, and that said Resolution remains in full force and effect: NORTH CAROLINA RESOLUTION BARNETT COUNTY WHEREAS, the Harnett County Board of Commissioners has received a resolution duly adopted by the Board of Directors of Flat Branch Volunteer Fire Department Inc. , authorizing the officers of that corporation to enter into a Municipal Lease and Option Agreement with regard to a Fire Truck, a copy of which agreement has been furnished to this Board; and WHEREAS, the Harnett County Board of Commissioners have been asked, as the governing Board of the governmental unit having jurisdiction of the area for which the Flat Branch Volunteer Fire Department, Inc. , provides Fire Protection services pursuant to written contract with this Board, to approve the execution of that contract pursuant to 5147 of the Internal Revenue Code of 1986, as amended; and the Board of Directors of Flat Branch Volunteer Fire - - 176 Department, Inc. called for a public hearing to be held at the Flat Branch Fire Station at 8:00 p.m. on February 15, 1991; and WHEREAS, said public hearing was duly advertised in a newspaper having general circulation in the district once per week for two successive weeks immediately prior to said public hearing; and WHEREAS, a public hearing was held at 8:00 p.m. on February 15, 1991 at the Flat Branch Fire Station; and WHEREAS, the Board is of the opinion that acquisition of the Fire Truck, which is needed to replace a unit of approximately twenty years of age, is necessary to the effective provision of fire protection services to the Flat Branch Fire District. NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of conunissioners approve execution by the Officers of the Flat Branch volunteer Fire Department, Inc. of the aforesaid Municipal Lease and Option Agreement to be entered into with Emergency One, Inc. Duly certified by the execution hereof and the placing hereon of the seal of the said County, this the 18th day of February, 1991. 4;;/:.{~. Lf \ ;" (SEAL) U. '(1\1/1 '. Vanessa W. Young, Glerk Harnett County ,~orth Carolina . leasetlo. 1'1-01084 PA'1'HENT SCHEDULE --- ------...- ----- lessee: flAT RRflNCII VFO tlUlber and frequency of payments: Seven (7) annual pa~ments in arrears. Interest cOMputed at 8.25\ per annul. Purchase Pdyment amount appl led to price P,)yment --------------------- (reulnlng amount Interest Pr Inc Ipa I balance) ---------- ........------- ------------ ------------ Total sales price U48,920.53 Trade-in al lowed $0.00 $ 0 . 00 148,920.53 Down pa~lDent 90,000.00 90 , 000. 00 58,920.53 Pa~m('nt 1 11,41.3,95 ~418GO.94 6,553.01 52,367.52 Pa\.llDent 2 11, 413. 95 4,320.32 7,093.63 45,273'.89 Pa\.lllent 3 11 , '11 J, 95 3,735.10 7,678.85 37,595.04 Pa\.llDent 4 11,413.95 3,101.59 8,312.36 29,282.68 Pa~mt'llt 5 11,4].J,95 2,415.82 8,998.13 20,284,55 Pa~ml'nt 6 11, H 3, 95 1,673.48 9,740.47 10,544,08 ra~ment 1 lJ , 413,95 869.87 10,544.08 (0.00) ---------- ---------- ------------ Totals $79,!197.65 1.20,977.12 $58,920.53 :::1."::::==:: ::::t:::a=Jl2::1Z. =..._=11..... ~ Balances not p~ Id when due Shdl' be subject to past due Interest at the rate of 18!. I)er \.Iear l)r tile highest rate peraltted bV law, whichever Is less. Interest accrues dall~, at the rate Indicated above, on the outstanding principell bal<lnce ("stl)d In "Purchase price" colulln). Elergenc\.l One, Inc, flAT BRAtleH UFO "Lessor" "Lessee" I . By: __.______________,._________ 8\.1: ~__----------- T It Ie: _______________________ lit I.: ~--"------- i 77 I FOR COMPLETION BY LESSOR VO . 1084 Always ReIer 10 Lease No. M. E eraencv One Inc. ---- - . m .... (., ..' S -ite'-i lOb Renlal Commencemenl Dale. 1415 w. 22nd Stre~_t-!__~___._.. _. -----.--- Oak Brook, IL 60521 _ _ --.----- VENDOR: I LESSEE: " , Flat Br.anch Volunteer Fire Dept. Inc. Name' Name 231A Address. Address: Route 1. Box 28323 il .State Zip Bunnlevel County Slalp NC Zip -- C Y City ,Charles Wilson. Pres. ConlAct and Tille' Contact and Title, 919-893-4030 ___ Telephone No_ Telephone No, '. - -.-' N d II Attachments) EQUIPMENT DESCRIPTION (Include Make, Model, Serial o. an a ITEM QUANTI TV XLT Pumper Fire Apparatus 1 1 One (1) Emergency One Model C844 Protector Mounted on a Ford C8000 Chassis LOCATION OF EQUIPMENT IF OTHER THAN ABOVE ADDRESS OF LESSEE, County State City Addres.: I RENT DUE (Period) NOJAMOUNT OF RENTAL PAYMENTS LEASE TERM TOTAL EOUIPMENT COST See payrn.nl Ichedula .nached o Monthly IE Annually her.to .nd rnad. a part ~'reol IE in arreat s ("Payrnenl Schedul, " Seven (7) Years ~~ $ 148,920.53 DOuartsrly MUNICIPAL LEASE AND OPTION AGREEMENr Lessor hereby leases to Lessse the Equipment 'or Ihe purposea and upon the 'ollowlng term. and condlllons: 02 T ." n , L.... T.rm Th. L.... T.rm will 'ermlna.. upon 'h, AAT'CLI I' COVENANTS OF LUll!, L.ss.. r.pres.nls. cov.n.nll .nd w.rran's, 10' Seellon 3. trm na 0 0 .' , 'IIrlies' 0' any 01 the lollowlng .v.nt.. Ih. b'''llII 01 L...or la follows III The exerci88 by lessee ollh. option 10 purch..e th. EQulpm.ntg'lnled under A. Lessee I. I nol.lor-prolil corpore lion, duly orgenized lI'ld .xlst,ng under Ihe lews the proviSions 01 Artlcl. 'X 01 ,hll Agreem.n.: " I'" Slel. IS I" lor'h above I"SIII.'" Ind will do or c~use 10 be done III Ihings (bl A d"lult by L..... Ind Le..o"l .I.ctlon to termlnlt. thl. Ag,eemenl under ,.e'''lry 10 pre.."" Ind keep In 'ulllo'e. Ind .II,cllls exls..nc. IS . corpor.tlon Arllel. XI: or , lcl The Plym.nl by l..... 0' .11 R.nlll Plym.nll lu'horlz.d or requIred to be plld !. Lessee hIS been duly Iu'horlz.d '0 .x.cul.. d.liver I"d perlorm Ihis Agreemon' by lesse, h.reund.r. ,nder Ih. I.w. 01 'h. SII" .nd under Ih. lerrns IInd prov;s'ons 01 Ihe resolulion 01 il~ overnlng body, or by olh.r /lpp,oprllll. olllcllll npprov;11 Lessee lurlher repre~e"ls ARTICLE 'V: INSPECTION. le..or shIll have Ihe rlghl al III r,esonebl, times during ovenanl. Ind Wlrrlntl Ihlll /III ,eQII;rnrnenls h/lve bell" "'1)1, and procr.dufns hIm' b. 'ss to I to enler InlO Ind upon Ih. prop.rly 01 L..... 'or Ih. purpose olin, ccurred In ord.r 10 ensure Ih.. enlorcelbilily 0' 'l1iS AQ' f',!,"en' Le..ee Shilll cnus,' liS'"." I ur , be .ll.eul.d In opinion o. ils tounsol In lorm Icceplllb'e 10 lessor Illd. in '''e eve'" sp.Chllg th. EQulpm.nl. 9Ise' Is I volun.eer IIr. d,plrlm,nl, Lessee shall .,..eulo '11. r.presenlllion sel lorth , Exh'bll 8, AATICLE V: RENT PAYMENTS, See 1101' 5,01 Renl Peym,nl. to Con.mutt a Curren' Exp.n.. 01 L...... Lessor and . During Ih. lerm o. this Agreem.n!, Ih. EQulpmenl will be used by Lessee only lor less" und.rs.and and In'.nd thll th. obllg.llon 01 Lesse. '0 p.y R.nl paym.n,a e purpose 01 p.rformlng one or more govern",.nlll or proprielary lunctlons n' her.under .hlll conslllul. I curren' expen.. o' l.u" Ind ahall not In Iny wly b. '..ee con.I.'.nt with Ihe permlssibl. .cop. 01 lllssee 5 lIulhorlly and will nol hI.' conSlru.d 10 be , d,bt 01 L..... In con'r'Ylnl/on 01 'My appllclbl. conal/lul/onal or .d In I 'rld. or bu. In... 01 I"y p.rson or .nlily olh.r '''an 11'0. Les... alllulory IImillllone or r'Qulrem.nt. conc.rnlno Ihe cr.."on 01 Ind.btedn... by lessee. nor sha" ,nylhln" conl'ln.d h.r.ln con.tltut. . pl.dg. 0' th. g.ner.' 'IX During th. p.rlod Ihl. Agreem.nl " In lorce, lessee wtllllnnUlllly provld. lesser I d I I L.as.. . revenuel. un S or ",on IS 0 , h curr.n' IInlnela' s'al,m,nIS, bUdge'" p,ool 01 apprOprtnllon lor ''', .nSulng Ios. yeer .nd such other IIn.nclallnlormllion r.tlting 10 Ihe Ibilily 01 L..... 10 con, S.ellon 5.02 p.ym.nl 01 R.nt P.rm.nt., Ln... ahall ply R.nl p.ym.nl', .,.clullv.ly J' this Agrtem.nt IS m.y b. rtlson.bly r'Quesl.d by lessor. Irom leg.lly av.llabl. lundS 10 les.or In .h. Imounl. and on Ih. dlles III lorlh In Ih. paym.nt Sch.dul. a"ach.d to Ihl. Agreem.nt A portion 01 ..ch R.nl P.ymenl rh. Equlprn.nll., .nd sh." rem,'n during Ih. per'od Ih,S Agreemenl 's 'n lo,co. Is Plld IS, .nd r.presen', Pllym.n. of, Inler..' Ind prlnclp.I, resp'Cllv.'y. BII.nces ,onl' prop.rty Ind wh.n subj.cllo '"" by lessee unde.. .his Agr.em.n'. will nol nol plid wh.n due .h.1I b. sub/.ct to past due In..r.s. .. th. r.l. 01 t8~ p.r .nnum )r b.eom. IIlllures. or the highes' rll. p.rmllled by I.w, whlch.v.r I. less. Nolwllhs'.ndlng .ny olher pro. visIon 01 'hlt agr..ment .nd under .ny Ind In clrcum,'.nces, L..... la obllgll.d '.CLI II: DEF.NITIONS, Th. 'ollowing '.rml will h8VC! Ih. meeninos indica led to Ply i"'.resl '0 lessor on Ih. PUrChl" prlc. fr.malnlng blllne.) .1 the p,r Innum w un'es. the con"lll c'"rly r'Qulres olh.rwlse: ral. Ipeelll.d In Ihl. agree",."t 'or .aeh day thl. agr..m.nt remlln. In ''''cl. All luch It T.rm" means ,he Orlgln8' Term d.,ln.d In Arliel. "' her.ol unplld Inl.r8l' Ihall b. due 'mm.dl...,y upon t.rmlnlUon 01 thle I.a.. 'or" me.n. the .ntltr d"'en.ted on 'h. lacI 01 .hl. Agrtlm.n' IS lessor her.. Stellon 11.03 A.". P8ym.nt. to b. Uncondltlon.I, Th. obllg.llon 01 l.u.. '0 m.k. r. paym.n, 01 A.nl P.ym.nl' Ind other p.ym.n.. r.qulr.d und.r Ihl. Agr..m.nl Ih.II hIS' Prlc." meen. ,h. Imounl wtoich l.ssee mny. II' tl~ opllon. PIlY 10 lessor or' be nbsolule Ind uncondlllona' In .11 ev.nl.. lessee .h.n mlk. .11 .uch PlY men I. '0 purehu. ,h. Equipm!!nl, as sol lorlh In Ihe Pov,""nt Schlldule l1!1nch.d '0 w"en dUll ar'd .hllll nol will1hold any .ueh p'ym.nls lIa a 'esu" 01 .ny dl.pul.s arising gree",.nl, lub/eello Ihe I,!rms 01 Arlicle 1)( among lllsse. nnd L.ssor, IIny V.ndor or .ny other person, nor .hlll l.ue. 85serl or" mlln. .h. rn.nu'aCluror ollh. Equipmenl IS 'oIIp'1I IS Ih. Igenls or deAlers IflY righ' 01 18t-oll or coun'.rcl.lm ag,'n'III' obligation '0 milk. .uch plym,n's or "'Inu'.e'urer. b. .ntill.d 10 Iny Ib,'.m,nt 01 .uch p.ym.nt. IS . resull of ,ccld."t or un'or..een clrcumSllnces. :LE III: LIASE TEAM, S.ellon 5.04 SourCI o. A.nt.. P.rm.n.., l.lsee .h.II p,y th. A,nt,l P.ym.nls pro. ,,3,01 Th. 'erm 01 .hls Agr.emen. .hlll eomm.nc. on 'h. d.,. Ih. EQUlpm.nl vid.d lor h.r.under. Less.. r.pres.".s .h.tlunds 01 .n .mounl .ulllel."1 10 m.k. D'ed by L..... IS '"dlc.'ed on ,hl C.rtilie}le 01 Accent.ne, ('Comm.nce",.n' all R.n'lIl P.ym,nl' during th. L.... T.rm c.n b. oblalned. l..... lurlh.r .hell do .nd .h.lIl.rmlna.. eighty- Qur \841 monl"s '''''"'I.r on Ihll Drn'. a"lhlngs I.wlully wllhln II. Dow.r to obt.ln fundi from which th. R.n'll ".ym.n.. 0' ,he co"''''.nc.m.n. dll". .ubjee. to 11'0. proviSio"S 01 S.clion 3 02 "er.ol "'lIV b. m.de (conllnu. on back) 'GREEMENT IS SUBJECT TO THE TERMS..AND CONDITIONS PRINTED ABOVE AND ON REVE.,RSE SIDE WHICH ARE MADE A PART HEREOF.' ~~ \/ I . Dal--' f.-. 19 LEssn ACKNoWuoGn AEAOINQ AND Al!CEIVINQ A COpy OF THIS AQAEEMENT Emergency ONe, Inc. Flat Branch Volunteer Fire Dept., Inc. (lessor, tl..." HI"" "AlIow.' ; TII', uncler'ilntd ,,\I,m. .hal hi hal b..n "vir 'Ulhorlud 10 . / ..leul. Ihll IIg,"mant on IIthlll of Iht ,1Io...".1lItCI L...... By' Yo- , Tille' V r '" r ) 178 ATTACHMENT 4, STATE OF NORTH CAROLINA COUNTY OF HARNETT AGREEMENT I THIS AGREEMENT, made and entered into as of the 18th day of February, 1991, by and between CAROLINA SEASONS, INC. and LEE PAVING COMPANY, North Carolina corporations, partles of the first part: and the COUNTY OF HARNETT, a body politic and corporate within the State of North Carolina, party of the second part: ~!!!i~~~~!!1 . . THAT WHEREAS, Carolina Seasons, Inc. is developing a parcel of property in Harnett County, North Carolina, as a subdivision and for which it is seeking subdivision approval from the party of the second part, and WHEREAS, Carolina Seasons Inc. desires to submit an irrevocable Letter of Credit in the amount of $32,000.00 from Branch Banking and Trust Company to the party of the second part in connection with the making of certain improvements in regard to such subdivision. in order to obtain subdivision approval from the party of the second part prior to the time such improvements are completed, and WHEREAS, Lee Paving Company has agreed to complete all paving work and related improvements in order to meet the subdivision requirements of the party of the second part with respect to the subdivision in question no later than June 15, 1991; NOW, THEREFORE, for and in consideration of the sum of $10.00 paid by each party hereto to the other, the receipt of which is hereby acknowledged, the parties of the first part and the party of the'second part contract and agree as follows: 1. Carolina Seasons, Inc. shall cause to be delivered to the party of the second part an irrevocable Letter of Credit in the amount of at least $32,000.00 in form satisfactory to the party of the second part and issued by Branch Banking and Trust Company as set forth in Exhibit A which is attached hereto and incorporated herein by reference. 2. Lee Paving Company shall complete, on or before June 15, 1991, all paving, street and related improvements necessary to cause the Carolina Season's subdivision referenced on the attached Exhibit A to be in compliance with all subdivision regulations and requirements of the party of the second part. 3. In the event'such improvements are not completed as set forth in paragraph two above and as referenced in the attachments hereto appended on or before June 15, 1991, then the party of the second part shall have the right, without further notice to any person or party, to receive and recover from Branch Banking and Trust Company, under and pursuant to the subject irrevocable letter of credit, the sum of $32,000.00.. Further, the party of the second part shall have the right to compel the making by Lee Paving Company of all such improvements in order to cause the subject subdivision to meet all requirements and regulations of the subdivision ordinance of the party of the second part,and th~ ,said Lee Paving Company shall forthwith make such improvements upon demand therefore by the party of the second part. Lee Paving Company will not hold the party of the second part liable for any sum in excess of $32,000.00, but will follow the terms of the original contract. with Carolina Seasons, Inc. and hold Carolina Seasons, Inc. liable for any excess if such excess exist under the original contract. .. Entered into as of the day and year first above written. CAROLINA SEASONS, INC, /<:1/ ~ ~. . / //c~. 0,. /1~ Attest: Presldent · (:f3~J9Q~ H~s.r OSecretary Seal Lf']Ft:tJ:^)C1 President Attest: ~ctJ...., ~ k." A) ~-t, Secretary ---- - -.- ~ - ,.... :/'J - - - --... ..,.. - - ..... -- .. ..-..... -......... "'... 8 "" ~i""~ NORTH CAROLINA IRREVOCABLE STANDBY ~ lien OF CREDIT Lo.. ,"" OF CREDIT NO, 00002 DATE J~~ 23. ,qc, ADVISING BANK APPUCANT Branch 3anking and Trust c......'!:"=..;,. Carolina C!..",coOllS, Inc. , Post Office Box 3308 P. O. aox 2825 Sanford, North carolina Z7331-Z303 Sanford, N. c. 27330 I , .u.IOUHT II&NEFICIAAY County of Har.'1ett 'tt1irty ~ ~1OUSaI1d and lID/100 Dollars. LUlington, l~rth Carolina EXPIRY CATE August 1, lS91 .- PllUENTASnOH..... NEQOnATIQH "TOUR COUNTfJII!! G,ENlUNEN: WE HEREBY ESTABLlSH OUR. "'" '":A8Lf: STAN08Y LETTER OF _""'" IN vOURFAVOII AVAILAIIl.a BV At Sight VOUR DlW'TIS) DRAWN ON: aranch Banking & ':rust c.....~ DRAFTlS) MUST 8E MARKED. "1IIIAWN UNDER _CH IlAMKING AfoID TRUST COIoll'ANV CREDIT NO. nnn.(l? . _'CH MUST BE ACCOIoIl'ANIED IY THIS LETTBl AfoID"fl1E FOLLOWING DOCUMENTATlOt.t A signed statc:...;:ut f:ran the County of Harnett that Carolina Seasons, Inc. has ~-i1ed to ..............lete the roads and "'~...at ~ving associated with the develv~.o;,;,..t of 1:h.irti.-s:u: (36) residential lots located in the Caroli:1a seasons subdivision in Harnett Ca.m'!:\..", L~rth Carolina. SPECIAL INSTRUCTIONS 3ra."1C..'1 Bankinrr ane ~t ~. Forward Ccculrents to: Post Office :ax ~30e Sanford, North Carolina 27331-3302 Attn: !Iic.~l J. nillett Assistant Vice President THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS 1'983 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 400. WE HEREBY ENGAGE WITH DRAWERS ANO OR BONA FlOE HOLDERS THA T DRAFTS PRESENTED IN COMFORMITY Willi THE TERMS OF THIS CREDIT WILL BE DULY HONORED ON PRESENT A TION AT OUR COUNTERS AND THAT DRAFTS Ace,,, . 0:..0 WITHIN THE TERMS OF THIS CREDIT WILL BE DULY HONORED AT MATURITY. ~~$Af~ I VERY TRULY YOURS BRANCH BANKING AND TRUST COMPANY /,~ ._l- - _'_ ~!~~!1~ ~~N"~URE F8S().161 (l01881 ORIGIN": Assistant Vice President ATTACHI\1ENT 5, STATE OF NORTH CAROLINA COUNTY OF HARNETT RESOLUTION AWARDING CONTRACT TO PURCHASE THAT WHEREAS, the County of Harnett desires to prepare a network of computerized workstations allowing various County departments to maintain and utilize the same.databases; and WHEREAS, the County of Harnett desires to purchase a Geographic Information System to house and maintain its cadastral maps, and to perform analysis fol" various other departments; and WHEREAS, the County of Harnett has previously disseminated requests tor bids in connection with the purchase of hardware for the Geographic Information System as required by law; and WHEREAS, the County of Harnett has published an Invitation tor Bids in a local ne~spaper as required by law; and WHEREAS, pursuant to such requests the County of Harnett has now received sealed bids from IBM, Corp. , Hewlett-Packard Company, and Environmental Systems Research Institute, Inc.; and. WHEREAS, such bids have been revie~ed by the appropriate representatives of the County of Harnett; and WHEREAS, the bid received from IBM, Corporation is not flJlly responsive; and WHEREAS, the bids received from Hewlett-Packard Company and Environmental Systems Research Insitute were negotiated to make ", reasonable changes., in the network plans and speci f i catie.ns necessary to bring the contract price within the funds available; and 180 WHEREAS, Environmental Systems Research Insitute submitted the lower neootiated bid and it has been determined that Environmental Systems Research Institute, Inc. is a responsible entity and that the bid submitted by it is responsive; and WHEREAS, the Board of Commissioners of the County of Harnett considers it in the best interest of the County to proceed with the acceptance of the bid of Environmental Systems Research Institute, I nc. , and to award the subject bid to said entity and to make provisi.:,n for executie,n ,:;:,f all documents necessary in order to effectuate such award: NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett that the bid for hardware for the Geographic Information System pursuant to all of those terms and conditions contained in the County's request for bids shall be and the same is hereby awarded to Environmental System Research Institute for the sum of $53,995.00, that the appropriate representative of the County of Harnett shall prepare and otherwise provide all necessary contract documents and issue required purchasing forms in order to effectuate such award, and that the County Manager of the County of Harnett shall be and he is hereby authorized to execute said documents on behalf of the County of Harnett upon the review and approval thereof by the County Attorney of said County. This the 18th day of February, 1 991 . HARNETT COUNTY BOARD OF COMMISSIONERS BY, ~ll~'::- [oyd . Stewart, Chairman :;L.T: r v~~-~~u:~t----- SEAL OF THE COUNTY OF HARNETT ATTACHMENT 6, Proposals for En~ineerin~ Services February lS, 1991 Industrial Water and Sewer Line Welsh Industries, Sporting Goods Plant ~ Dewberrv/Davis Marziano/Minier McKim/Creed $ 9,800 $8,000-10,000 $8,100 $13,900 + $800 expense Design & Did Design & Bid Design, Bid Design, Bid Periodic Const. Construction $5,000-9,000 Observation Periodic Const. Management Const. Mngt Observation on a to be billed Firm Fixed Fee Per Diem not to hourly Total Project exceed $6,000 $13,000-19,000 Resolution Awarding Engineering Services Contract (Welsb Sporting Goods Industrial Development Project) THAT WHEREAS, the Board of Commissioners of Harnett County (hereinafter sometimes referred to as the "Board") pursuant to resolution adopted February 4, 1991 entitled "Resolution Regarding Procurement of Engineering Services (Welsh Sporting Goods Industrial Development Project)," declared the above referenced Project exempt from the provisions of Article 3D of Chapter 143 of the General Statutes of North Carolina and otherwise instructed certain officials and representatives of the County of Harnett with respect to the selection process for engineers to provide services for the said Project; and WHEREAS, in accordance with the instructions of the Board, the Director of the County Department of Public utilities investigated and made inquiry as to th.e identity of an engineering firm suitable to provide the services required for the Project and in connection therewith requested proposals from five such firms; and -.- - 1 8 l' WHEREAS, four proposals were received regarding the services to be performed, each setting forth the respective qualifications of the firms responding and suggesting a proposed fair and I reasonable fee for such services; and WHEREAS, the results of the investigations made and the proposals received have been reported to the Board; and WHEREAS, in accordance with the above referenced Resolution of February 4, 1991, it is now recommended to the Board that it employ the firm of Marziano & Minier, P,A. of Asheboro, North Carolina to perform the engineering services related to the aforementioned Project at the proposed fee of $8,700; and WHEREAS, it is the desire of the Board to accept said recommendation and to provide for the employment of said firm and to authorize work to commence on said Project as soon as practicable. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Harnett County that: 1. The firm of Marziano & Minier, P,A. of Asheboro, North Carolina is hereby selected and shall be employed to provide the engineering services associated with the Welsh Sporting Goods Industrial Development Project at the cost of $8,700. 2. The appropriate representatives of the County are hereby authorized and directed to make provisions for the preparation of the necessary documentation to effect the said employment and upon the completion thereof the County Manager is hereby authorized to execute the same for and in behalf of the County and to thereupon authorize commencement of the work, Duly adopted this 18th day of February, 1991 upon motion made by Commissioner Hudson seconded by Commissioner , Hill and adopted by the following vote: , Ayes 5 Noes 0 Absent 0 Board of Commissioners of the ~ty of Harnett ~ /Jr.' I By: .J;J. . .\,,~ ro.J 1tloy G. Stewart, Chairman of the Board Aist: . I ]. ... '''''' .,- 'I J 1 . '-I J J Lv-<, Vanessa W. Young, ~ Clerk to the Board - - --- ------ -- - --------- 182 A TT ACHMENT 7. Pr.oposals for Enqineerin~ Services February 15, 1991 Tank Reconditioning. Metro Tank ~~ I FPS Dewberrv/Davis Marziano/Minier McKim/Creed $ 7,100 $7,000-9,000 $2,900 $6,960 Firm fixed Design Design" Bid, Basic Serv fee Periodic Const. $3,000-5,000 Observation $"S/hr & Canst, Observ, $.27 l/21mile Firm fixed fee for Const. Observe Total Project $10,000-1",000 Resolution Awarding Engineering Services Contract (Elevated Tank Painting Project - Metro Ro. 4) THAT WHEREAS, the Board of Commissioners of Harnett County (hereinafter sometimes referred to as the "Board") pursuant to resolution adopted February 4, 1991 entitled "Resolution Regarding Procurement of Engineering Services (Elevated Tank painting proj ect - Metro No.4)," declared the above referenced Project exempt from the provisions of Article 3D of Chapter 143 of the General Statutes of North Carolina and otherwise instructed certain officials and representatives of the County of Harnett with respect to the selection process for engineers to provide services for the said Project; and WHEREAS, in accordance with the instructions of the Board, the Director of the County Department of Public Utilities investigated and made inquiry as to"the identity of an engineering firm suitable to provide the services required for the project and in connection therewith requested proposals from five such firms; and WHEREAS, four proposals were received regarding the services to be performed, each setting forth the respective qualifications of the firms responding and suggesting a proposed fair and reasonable fee for such services; and WHEREAS, the results of the investigations made and the proposals received have been reported to the Board; and WHEREAS, in accordance with the above referenced Resolution of February 4, 1991, it is now recommended to the Board that it employ the firm of Marziano & Minier, P.A, of Asheboro, North Carolina to perform the engineering services related to the aforementioned Project at the proposed fee of $2,900.00; and WHEREAS, it is the desire of the Board to accept said recommendation and to provide for the employment of said firm and to authorize work to commence on ~aid Project as soon as practicable. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Harnett County that: 1- The firm of Marziano & Minier, P.A. of Asheboro, North Carolina is hereby selected and shall be employed to provide the engineering services associated with the Elevated Tank Painting Project - Metro No. 4 at the cost of $2,900. -.- - - - -- - - 183 2. The appropriate representatives of the County are hereby authorized and directed to make provisions for the preparation of the necessary documentation to effect the said employment and upon the completion thereof the County Manager I is hereby authorized to execute the same for and in behalf of the County and to thereupon authorize commencement of the work. Duly adopted this 18th day of February, 1991 upon motion made by Commissioner Hill , seconded by Commissioner --litchener , and adopted by the following vote: Ayes 5 Noes 0 Absent 0 Board of Commissioners of the County of Harnett By: 11 k~Jk~L - G.- Stewart, an of the Board ~: ~~ 'iJ. .~~~I Vanessa W. Young'dJ 0 Clerk to the Boar ATTACHMENT 8. RESOLUTION DESIGNATING NORTHWEST HARNETT FIRE INSURANCE DISTRICT THAT WHEREAS, the Board of Commissioners for Harnett County, North Carolina, (hereinafter called "the BOard") did heretofore on June 27, 1990, establish a fire district entitled "The North Harnett Fire Protection Special Service District" pursuant to Article 16 of Chapter 153A of the North Carolina General Statutes of that certain land area described in a report to the Board and generally including the area of Buckhorn Township and the greater portion of Hector's Creek Township; and WHEREAS, the Board did heretofore enter into a contract with Northwest Harnett Volunteer Fire Department, Inc. (hereinafter called "Fire Department"), a non-profit corporation, providing for the furnishing of fire protection services by said fire department to the citizens of said fire district; and WHEREAS, a fire insurance district has been proposed for the greater portion of said fire district as provided by law and a map thereof together with a metes and bounds description has been presented to the Board. NOW, THEREFORE, pursuant to authority set forth in N,C,G,S, S153A-233, the Board does hereby designate the following portions of the North Harnett Fire Protection Special Service District as a fire insurance district for insurance grading purposes, said district to be known as the NORTHWEST HARNETT FIRE INSURANCE DISTRICT, to wit: Being all that area within five (5 ) miles of the " Northwest Harnett Fire Station at the intersection of Christian Light Road' (Secondary Road No, 1412 ) and Baptist Grove Road (Secondary Road No, 1427) in - -------- 184 Northwestern Harnett County, North Carolina, said area is shown upon a map entitled "Northwest Harnett Fire Insurance District, Harnett County 5 mile 2-7-91" and hereto attached and made a part hereof by reference; said area is more fully described by metes and bounds as I follows: BEGINNING at point ( 1 ) on US Highway 401 at its intersection with the Harnett-Wake County Line; thence southeasterly to point (2) on Road 1447, 0,8 mile East of its intersection with US Highway 401; thence southwesterly to point ( 3 ) on Road 1415, 0.4 mile East of its intersection with US Highway 401; thence southwesterly to point (4) on Road 1456, 0.2 mile South of its intersection with Road 1415; excluding all property on Road 1456 between this and the preceding point; thence southwesterly to point (5 ) on US Highway 401, 0,5 mile South of its intersection with Road 1416, including all property on Road 1456 between this and the preceding point; thence southerly along the center line of US Highway 401 to point (6) on US Highway 401 at its intersection with Road 1454; thence southeasterly to point (7) on Road 1443, 0.2 mile South of its intersection with Road 1444; thence easterly to point (8) on Road 1444, 0,2 mile South of its intersection with Road 1443; excluding all property on Road 1444 between this and the preceding point; thence southerly to point (9) on Road 1403, 0,3 mile East of its intersection with Road 1437, including all property on Road 1444 between this and the preceding point; thence southwesterly to point (10) on Road 1437, 0,3 mile South of its intersection with Road 1403; thence westerly to point ( 11 ) on US Highway 401, 0.6 mile South of its intersection with Road 1403; thence southwesterly to point (12) at the intersection of Road 1412 and 1430; thence southwesterly to point (13) where Hector Creek empties into the Cape Fear River; thence northwesterly along the Cape Fear River to point (14) where Avents Creek empties into the Cape Fear; thence northerly to point ( 15) on Road 1418, 2,7 miles West of its intersection with Road 1412, thence northwdsterly to point (16) on Road 1418, 2,0 miles West of its intersection with Road 1403; excluding all property on Road 1418 between this and the preceding point; thence northerly to point (17) on Road 1450, 1,6 miles Northwest of its intersection with Road 1403; thence easterly to point (18) on Road 1403, 0,4 mile North of its intersection with Road 1407; thence southeasterly to point (19) on Road 1407, 0,4 mile East of its intersection with Road 1403; thence northeasterly to point (20) on Road 1407; 1.3 miles South of its intersection with NC Highway 42, excluding all property on Road 1407 between this and the preceding point; thence northwesterly to point (21) on Road 1452, 0,6 mile South of its intersection with NC Highway 42; thence northwesterly to point (22 ) on Road 1405, 0.5 mile West of its intersection with Road 1452; thence northwesterly to point (23) at the intersection of NC Highway 42 and Road 1403; thence northeasterly to point (24) on Road 1406 at its intersection with the Harnett-Wake County line; thence southeasterly along the Harnett-Wake county line to point (25) on Road 1413, at its intersection with the Harnett-Wake County line; thence southeasterly to point (26) on Road 1414, 0.9 mile northwest of its intersection with US Highway 401; thence northeasterly to point ( 1 ) , the BEGINNING. NOTE: This description describes an area of Harnett County pursuant to General Statutes 153A-233 for Insurance Grading Purposes Only. NOTE: Points 2, 3, 4, 5, 6, 7 and 8 are adjoining points with Black River Fire Insurance District, Duly adopted in regular meeting this the I li'l-L'day of :;1-1>/1'-"'7 1991. HARNETT COUNTY BOARD OF COMMISSIONERS BY:~) J:7/k~v~/ LI1.oy~ G. Stewart, Chairman Attest: -L~~~ 'iLl. ,..t/v:,.i, Vanessa w'JYO g, Clerk -- --- -- - - - 1 i"' 5 ,t! '(" . ~ ~ ,7" ~ ~ 0 ~ t"."t( :;;--- , I / , / , / , .4 i-? - , ".. . ~ A TT ACH~iENT 9. NORTH CAROLINA, HARN ETT COUNTY, RESOLUT ION THAT WHEREAS, the Harnett County Board of Commissioners is authorized by the North Carolina Gener8l Statutes 105-357(c) to adjustments of under- payments and overpayments; and WHEREAS, it has been determined by the Harnett County Board of Commissioners that such a system would be practical and feasible to all taxpayers of Harnett County, NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS that effective February 18, 1991, an adjustment of underpayments and overpayments be implemented according to North Carolina General Statutes 105-357(c), Duly adopted this 18th day of February, 1991, HARNETT COUNTY BOARD OF COMMISSIONERS ;)i~ )7/)t.~~ - - v - . Ll d G, Stewart. Chairman AnEST: ~7', (. "-{ \ I,-C \ Ut:LY'-i:.<l...u.~ Ie . \~lLY V Vanessa W. Young, C1er~ to tEte Board - - -.- 186 ATTACHMENT 10. HARNETT COUNTY RESOLUTION CONCERNING STATE LITERARY FUND THAT WHEREAS, the Board of Commissioners of the County of Harnett (hereinafter sometimes referred to as the "Board") recognizes the need to maintain an aggressive school facility construction program to enhance the education of the County of Harnetts most valuable resource. its children: and WHEREAS. said Board has appropriated for school construction almost $11,000.000,00 from local revenues during the past eleven years; and WHEREAS. on January 22, 1991 the County of Harnett suffered the loss of Lafayette Elementary School by fire. which was sixty-seven years of age and contained 26,869 square feet: and WHEREAS, the loss of Lafayette creates an emergency situation due to long range plans for construction of new learning facilities to replace facilities in excess of sixty years old; and WHEREAS, there is a state Literary Fund with a maximum of three hundred thousand dollars ($300,000.00) to assist in emergency situations as mentioned above; and WHEREAS, said Board desires the maximum loan amount of three hundred thousand ($300,000,00) to be raised to one million dollars ($1,000,000,00) with a waiver of interest: and WHEREAS. said Board desires a loan in the amount of one million dollars ($l,OOO,OOO.OO) with a waiver of interest from the state Literary Fund; and WHEREAS, said loan will allow the County of Harnett to construct a new school to replace Lafayette and stay on the course of facility constru~tion which will replace other old and unsafe school buildings; and WHEREAS, said Board desires a local bill be adopted by the North Carolina Legislature which will allow the County of Harnett to obtain a loan in the amount of one million dollars ($1,000,000.00) with a waiver of interest from the state Literary Fund, NOW THEREFORE, BE IT RESOLVED, that the Board of Commissioners of Harnett County requests the North Carolina Legislature to adopt a local bill to increase the state Literary Fund maximum loan amount of three hundred thousand dollars ($300.00,00) to one million dollars ($1,000,000,00) and waive interest in order for Harnett County to acquire a $1,000,000.00 interest free loan from the Literary Fund. This loan will facilitate the construction of Lafayette Elementary School and allow the County of Harnett to continue the long range school construction plan. Duly adopted this the 18th day of February, 1991, HARNETT COUNTY BOARD OF COMMISSIONE~ ~~~~~ AT'l:EST: \ vl ( '-(' : ! ,,,<~,,~_~,"-<"~ /IJ '--C V ( , ..--~ Vanessa w. Young, Cl~~ to he Board A TT A CEMENT 11, NORTH CAROLINA HARNETT COUNTY RESOLUTION CONCERNING STORMWATER REGULATION~ WHEREAS, the Board of Commissioners of the County of Harnett recognizes the U.S, Environmental Protection Agency (EPA) has issued regulations on stormwater management which requires owners and operators of certain publiC facilities to obtain stormwater permits for point-source discharges; and WHEREAS, the County of Harnett has five (5) sites that will require a National Pollutant Discharge Elimination " system (NPDES) permit; and WHEREAS, these sites consist of two active landfills, one inactive landfill; one transportation facility, and one airport: and WHEREAS, the Association of County Commissioners and the League of Municipalities have joined efforts to pursue statewide group applications through a consultant: and WHEREAS, statewide group applications will minimize costs to local governments; and WHEREAS. the Board of Gommissioners of Harnett County " requests Harnett County fqr inclusion in the statewide group. ---- ------ 1P,} IV - NOW THEREFORE, BE IT RESOLVED, that the Board of . Commissioners of Harnett County will join the North Caro11na Association of County Commissioners in a statewide group project in order to minimize costs in acquiring National Pollutant Discharge Elimination System permits for two active landfills, one inactive landfill, one transportation facility, and one airport, and that the County Manager is hereby authorized to execute said agreement with the North Carolina Association of County Commissioners in an effort to I obtain permits for stormwater discharge. Duly adopted this the 18th day of February, 1991. HARNETT COUNTY BOARD OF COMMISSIONERS 1kI.. d2d!~ ATTEST: -L,.~ 'R1't'~,-~~ Vanessa W, Young, C . k t the Board ATTACHMENT 12. HARNETT COUNTY DRUG-FREE WORK PLACE POLICY This policy will be implemented and effective on the date approved by the Harnett County Board of Commissioners under the Drug-Free Work Place Act of 1988 (Pub, L. 100-690. Title V, Subtitle Di 41 U.S,C. 701 et seq.). The Drug-Free Work Place Act of 1988 requires that each employee be notified in writing of the County of Harnett's policy and standard of conduct concerning the use of drugs and alcohol. It is the County of Harnett's policy that no employee shall possess, use, or distribute illicit drugs or alcohol on the premises of property or facilities of Harnett County or while representing Harnett County at any professional ~r social function. Disciplinary sanctions up to and including dismissal and referral for prosecution will be imposed if the standards of this policy are violated. Aside from potential interference with your job performance, these substances can damage your physical or mental health. destroy relationships with family and friends, and create legal and financial problems for you. Users of illegal substances and abuses of legal s~bstances also face potential legal problems such as arrests, fines. and jail terms. Under federal law, penalties may double for the second offense. If a person has a problem of this nature, there are professional programs available locally to help you if you request assistance. You may contact the Harnett County Health Department for confidential assistance, or the Lee-Harnett Mental Health Center, for additional information on hot lines. support groups, and rehabilitation centers that can provide therapy and treatment, if required, If an employee recognizes that a problem exists and initiates action to seek help, the County of Harnett will work with that employee to resolve the situation,