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020204m HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting February 2, 2004 The Harnett County Board of Commissioners met in regular session on Monday, February 2, 2004, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Beatrice B. Hill, Vice Chairman Dan B. Andrews Walt Titchener Tim McNeill Chairman Teddy J. Byrd was absent due to military obligations in Iraq. Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Vanessa W. Young, Finance Officer Kay S. Blanchard, Clerk to the Board Vice Chairman Hill called the meeting to order at 9:00 a.m. and Commissioner McNeill led the pledge of allegiance and prayer. Commissioner McNeill moved to approve the agenda as published with the addition of items listed below to the consent agenda. Commissioner Andrews seconded the motion and it passed unanimously. Budget amendment Lillington Board of Adjustment appointments for its ETJ area Authorize purchase of radios for Sheriff s Department Upon motion by Commissioner Andrews and seconded by Commissioner McNeill the Board unanimously approved the following items on the consent agenda: 1. Minutes: Regular Meeting January 20, 2004 2. Budget Amendments: 244 Administration (Fund 11 O-General) Code 110-4100-410.31-39 Equus Heals 110-0000-399.00-00 Fund Balance Appropriated 6,000. increase 6,000. increase 245 Sheriff (Fund 11 O-General) Code 110-5510-420.74-74 Cap. Outlay-Communications 110-5100-420.74-74 Cap. Outlay-Sheriff 35,284. decrease 35,284. increase 249 Parks & Recreation (Fund 11 O-General) Code 110-0000-353.82-01 Donations-Senior Center 110-0000-331.82-03 Federal Grant-Senior Center 6,000. decrease 6,000. increase 263 Airport (Fund 110-General) Code 110-6500-406.33-45 Contracted Services 110-7100-465.32-79 Economic Development 6,000. increase 6,000. decrease 3. Tax Refunds and Releases (Attachment 1) 4. Resolution supporting passenger rail service in North Carolina (Attachment 2) 5. Authorization for the Health Department to establish a fee of$12.00 for copying medical records and $1.00 for immunization records. Any medical provider/facility will not be charged for copies of records. The fees are needed due to new HIP AA guidelines requiring the Privacy Officer to review each record 157 158 before it is copied. The $12.00 fee is based on the fee that Disability Detenntnation Services pays. 6. Reclassifications: Aging - Change position from secretary/bookkeeper, grade 59 to administrative assistant, grade 61 Public Utilities - distribution tech III position will be modified to meet operational needs. Costs for these changes will be funded from within the existing budget. 7. Authorization for the Sheriff s Department to "sole purchase" Ericson 800 MHZz radios from Communications International Inc. 8. Appointments to Town of Lillington Board of Adjustment to represent the extraterritorial jurisdiction as requested by the town: Samuel C. Hatley, John Mewborn, Jr. and Judy Bethune (alternate) In the informal comment period, Wilton Lee, 132 Rosebud Street, Spring Lake, asked the Board to support opposition of same sex marriage by adopting a resolution to send to the State. Mr. Lee was informed that same sex marriage is currently not legal in North Carolina. Commissioner Titchener moved for the appointments listed below. Commissioner Andrews seconded the motion and it passed unanimously. Fort Bragg/Pope Air Force Base Regional Land Use Advisory Commission Tim McNeill and George Jackson re-appointed to serve new three-year terms. Juanita Hudson, Chairman, Cotton Museum Project Committee for the Town of Coats' Centennial celebration, reported on plans for the proposed Cotton Museum and asked the Board to consider, during the upcoming budget process, partnering with the Coats Community to fund the project. Neil Emory, County Manager, presented for the Board's consideration, resolutions and related documents to approve refinancing of the five water and sewer district projects listed below. Vice Chairman Hill stated that the Board would now sit as the governing body of each of the water and sewer districts. Commissioner McNeill moved to adopt the documents concerning East Central Water and Sewer District. Commissioner Titchener seconded the motion and it passed unanimously. (Attachment 3) Commissioner Titchener moved to adopt the documents concerning Northwest Water and Sewer District. Commissioner McNeill seconded the motion and it passed unanimously. (Attachment 4) Commissioner Andrews moved to adopt the documents concerning South Central Water and Sewer District. Commissioner McNeill seconded the motion and it passed unanimously. (Attachment 5) Commissioner Titchener moved to adopt the documents concerning West Central Water and Sewer District. Commissioner Andrews seconded the motion and it passed unanimously. (Attachment 6) Commissioner McNeill moved to adopt the documents concerning Southwest Water and Sewer District. Commissioner Andrews seconded the motion and it passed unanimously. (Attachment 7) In the County Manager's report Mr. Emory noted that a letter had been sent to the Board of Elections asking that the Barbecue Township election regarding alcohol sales .,J proceed as soon as possible. The election was being held last Tuesday, January 27, but was abandoned when roads became too icy for voters to travel. Commissioner McNeill moved that the Board go into closed session for the following purposes: (1 ) To discuss certain personnel matters; and (2) To instruct the county staff in negotiating the terms on a proposed contract for the acquisition of real property. This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(6)&(5). Commissioner Andrews seconded the motion and it passed unanimously. Commissioner Titchener moved for the Board to come out of closed session. Commissioner Andrews seconded the motion and it passed unanimously. In new business, Commissioner McNeill moved to appoint Betty Smith as Harnett County Tax Administrator for a two-year term. Commissioner Andrews seconded the motion and it passed unanimously. There being no further business, Commissioner McNeill moved to adjourn. Commissioner Andrews seconded the motion and it passed unanimously. The regular meeting of the Harnett County Board of Commissioners adjourned at 11 : 15 a.m. ~,j /.lh...cLu4 Kay S. lanchard, Clerk to the Board ~/it~~">, 159 160 Attachment 1. MONTHLY REFUND REPORT the ~.I::::~.~.;yt1 ,. ~":":'':''N(,(~ Licensed Motor Vehicles CC..1i\tJ c; t;U;11J,;':;i(,\6:1erS Da:e re.h ~ ;L I 200 ,J./ . 29-Jan-04 ~ J.. J12",,!~ -Ie ~ sI3~ BILL NAME AND ADDRESS REASON AMOUNT MONTHS YEAR MONTH TOWN NUMBER VEIDCLE OWNED 2003541097 FELLOWS, ARClllE BALCOMB, SOLD VEIDCLE, COUNTY - 27.39 04 2003 02/04 ER\VIN JR TURNED IN TAG CI02 - 17.89 25 SOUTH ST, D 1 03 FR02 - 2.61 MARCELLUS, NY 13108 TOTAL - 47.89 2003555083 HARDY, RICHARD ALAN SOLD VEIDCLE, COUNTY - 10.75 03 2003 02/04 52 MONARCH CT TURNED IN TAG FR16 - 1.46 CAMERON, NC 28326-6571 TOTAL - 12.21 2001633623 HODGES, JENNIFER CAMPBELL CORRECTION IN COUNTY ~ 78.44 2001 02/04 LILLING P.O. BOX 1862 DISTRICTS CI01 - 5.00 LILLINGTON, NC 27546-1862 TOTAL - 83.44 2003530020 ROGERS, ALLISON DORIS VEIDCLE SOLD/T AG COUNTY - 17.48 07 2003 02/04 P.O. BOX 2002 TURNED IN FR18 - 1.61 LILLINGTON, NC 27546 TOTAL - 19.09 Bll..L NAME AND ADDRESS REASON AMOUNT MONTHS YEAR MONTH TOWN NUMBER VEIDCLE OWNED 2003500139 SIMPSON, JOHN ANTHONY SOLD VEIDCLE, COUNTY - 18.56 08 2003 02/04 DUNN 705 S ELLIS AVE TURNED IN TAG CI05 - 11.23 DUNN, NC 28334-5611 SC20 - .49 TOTAL - 30.28 2003552188 SIMPSON, JOHN ANTHONY SOLD VEIDCLE, COUNTY - 15.10 03 2003 02/04 DUNN 705 S ELLIS AVE TURNED IN TAG CI05 - 9.45 DUNN, NC 28334-5611 SC20 - .41 TOTAL - 24.96 2003531742 SMITH, RANDALL WRIGHT CORRECTION IN COUNTY - 148.84 2003 02/04 1288 LAFA YEITE RD VALUE FR40 - 13.71 FUQUA Y V ARJNA, NC 27526-6216 TOTAL - 165.55 29-Jan-04 ~. P.?';~O"'Jd; ~~~rng1~ C/))';i~:J Cv.n;';';:2sdN"~m Date 9-e.b. 2 J :J...DDrp ~""' , ~~ .6, t5RtM..-i!dJ.~ ~~ Yo ~ L50wvi MONTHLY REFUND REPORT BILL NUMBER NAME REASON AMOUNT YEAR MONTH TOWN 20031648 ATTIC ADDITIONS RENTALS, LLC P.O. BOX 354 ERWIN, NC 28339 OVER-LISTED BUS. PERS. COUNTY - 99.82 PROP. PER COUNTY TOTAL - 99.82 AUDIT 2003 02/04 20005578 BREWINGTON, CORRECTION IN COUNTY - 159.21 \VILLIAM A BillLDING VALUE FR22 - 13.09 252 CIDCKEN FARM RD (UNDER CONSTRUCTION) SC20 - 4.36 DUNN, NC 28334 SOLID WASTE - 37.50 TOTAL - 214.16 2000 02/04 ---.-._~- -----.- ****PLEASE APPLY REFUND TO OUTSTANDING BILLS 20038278 CAMJAC PROPERTIES P.O. BOX 354 ERWIN, NC 28339 OVER-LISTED BUS. PERS. COUNTY - 1140.01 PROP. PER COUNTY ERWIN:fIRE - 108.57 AUDIT TOTAL ~ 1248.58 2003 02104 """"PLEASE APPLY REFUND TO 2003-12141 BILL NUMBER NAME REASON AMOUNT YEAR MONTH TOWN 200319887 HARDIE, JO NELL CORRECTION IN WASTE COUNTY - 59.90 2003 02104 HILDA RENFROW LAND AMOUNT FR30 - 6.52 3509 CHRISTIAN UGlIT TOTAL - 66.42 RD FUQUA Y VARINA, NC 27526 200323381 J.L. BROWN BUILDERS, CORRECTION IN SQUARE COUNTY - 163.32 2003 02104 INC FOOTAGE TOTAL - 163.32 3558 BUD HAWKINS RD DUNN, NC 28334 2003080517 STEWART, BOBBY REFUND DEFERRED COUNTY - 292.52 2003 02104 553 STEWARTRD T AJffiS PER BOARD OF E A VERAS. FIRE - 23.09 DUNN, NC 28334 &R A VERAS. SCHOOL - 7.70 INTEREST - 13.74 TOTAL - 337.05 2003080516 STEWART, BOBBY REFUND DEFERRED COUNTY - 292.52 2003 02104 553 STEWARTRD T AJffiS PER BOARD OF E A VERAS. FIRE - 23.09 DUNN, NC 28334 &R AVERAS. SCHOOL -7.70 INTEREST - 42.84 TOTAL - 366.15 2003080515 STEWART, BOBBY REFUND DEFERRED COUNTY - 280.98 2003 02104 553 STEWART RD T AJffiS PER BOARD OF E A VERAS. FIRE - 23.09 DUNN, NC 28334 &R A VERAS. SCHOOL - 7.70 INTEREST - 69.37 TOTAL - 38 L 14 161- 162 Attachment 2. Harnett COUNTY NORTH CI\ROLINA Board of Commissioners www.hamettorg Teddy J. Byrd, Ch81rm8n Beatrice B, Hil1. Vice Chai rman Dan B. Andrews Tim McNeill RESOLUTION IN SUPPORT OF A STATEWIDE INITIATIVE FOR LEGISLATIVE AND FUNDING SUPPORT FOR ENHANCED AND IMPROVED PASSENGER ~nchard. Clerk to the Board SERVICE FOR THE STATE OF NORTH CAROLINA PO Box 759 WHEREAS, passenger rail service is an integral part of a comprehensive transportation system for the state of North Carolina; and WHEREAS, economic development, tourism and job creation will benefit through the enhancement of a passenger rail system that serves the citizens of North Carolina and visitors to our state; and WHEREAS, an increase in state funding for passenger rail service in North Carolina is necessary to support development of intercity rail services that can connect our small urban and rural areas of the state with the urbanized centers of our state; and WHEREAS, rail linkages between communities and regions within North Carolina establish and strengthen social, historical, commercial and cultural bonds; and WHEREAS, an integrated passenger rail system will enhance accessibility and reliability for key military locations and ports. NOW, THEREFORE, BE IT RESOLVED, that the Harnett County Board of Commissioners, through the adoption of this resolution, fully supportS the creation of fl comprehensive passenger rail system to serve the state of North Carolin~ with its ultimate objective to further economic opportunity, help preserve the environment, improve the quality of life and enhance public health, safety and welfare for all citizens, communities and regions. Adopted this 2nd day of February, 2004. HARNETT COUNTY BOARD OF COMMISSIONERS (~.:~::..c'~' .,'lI'4/0l. .&~ B.. ~ n~'I"I 'Q A nrh....ur(;! Walt Titchener 102 East Front Street lillington, NC 27546 ph: 910.893-7555 fax: 910.814.2652 163. Attachment 3. Extract of Minutes of a special meeting of the Board of Commissioners of the County of Harnett, North Carolina, sitting as the governing body of the East Central Water and Sewer District of the County of Hamett, North Carolina, held in the County Board of Commissioners Assembly Room, 102 East Front Street, Lillington, North Carolina, at 9:00 a.m. on February 2, 2004. * A regular meeting of the Board of Commissioners of the County- of Harnett, North Carolina (the "County "), sitting as the governing body (the "Board ") of the East Central Water and Sewer District of the County (the "District "), was held in the County Board of Commissioners Assembly Room, 102 East Front Street, Lillington, North Carolina, at 9:00 a.m. on February 2, 2004 (the "Meeting'), after proper notice, and was called to order by Vice Chairman Beatrice Hill, and upon the roll being called, the following members of the Board answered present: Dan B. Andrews, Walt Titchener, Tim McNeill. The following members of the Board were absent: Chairman Teddy J. Byrd. Also present: County Manager Neil Emory, County Attorney Dwight W. Snow, County Finance Officer Vanessa W. Young Commissioner McNeill introduced the following resolution, a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board of Commissioners and which was read by title: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF IlARNETT, NORTH CAROLINA, SI'ITING AS THE GOVERNING BODY OF THE EAST CENTRAL WATER AND SEWER DISTRICT OF THE COUNTY OF HARNETr~ NORTH CAROLINA, MAKING CERTAIN STATEMENTS OF F ACF CONCERNING PROPOSED BOND IssUE WHEREAS, the Board is considering the issuance of bonds of the District which shall be for the following purposes and in the following maximum amount Not to exceed $4,100,000 of General Obligation Refunding Bonds to pay the costs of refimding in advance of their maturities (1) $3,361,500 aggregate principal amount of the County of Harnett, North Carolina East Central Water and Sewer District Bonds, Series A maturing on and after June 1, 2004, and (2) $160,000 aggregate principal amount of the County of Harnett, North Carolina East Central Water and Sewer District Bonds; Series B maturing on and after June 1,2004. WHEREAS, certain findings of fact by the Board must be presented to enable the Local Government Commission of the State of North Carolina to make certain determinations as set forth in Article 4 of Chapter 159 of the General Statutes, Section 52; NOW, THEREFORE, BE IT RESOLVED that the Board meeting in open session on the 2nd day of February, 2004, has made the following factual findings in regard to this matter: A. Facts Regarding Necessity of Proposed Financing. The proposed bonds are necessary and expedient to lower debt service costs to the District. B. Facts Supporting the Amount of Bonds Proposed. The sums estimated for these bonds are adequate and not excessive for the proposed purpose. C. Past Debt Management Polices. The District's debt management policies have been carried out in compliance with law. The County employs a Finance Director to oversee compliance by the District with applicable laws relating to debt management. The Board requires annual audits of District finances. In connection with these audits, compliance with laws is reviewed. The District is not in default in any of its debt service obligations. The County Attorney reviews all of the District's debt- related documents for compliance with laws. D. Past Budgetary and Fiscal Management Polices. The District's budgetary and fiscal management policies have been carried out in compliance with laws. Annual budgets are closely reviewed by the Board before :final approval of budget ordinances. Budget amendments changing a function total or between functions are presented to the Board at regular Board meetings. The Finance Director presents financial information to the Board which shows budget to actual Comparisons annually and otherwise as the County Manager deems necessary or as a member of the Board may request. E. Retirement of Debt. The schedule for issuing the bonds does not require a property tax increase. The schedule for issuance calls for issuing all of the bonds in Fiscal Year 2003-2004. Upon motion of Commissioner McNeill, seconded by Commissioner Titchener, the foregoing order titled: "A REsOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITI'ING AS THE GOVERNING BODY OF THE EAST CENTRAL WATER AND SEWER DISTRICT OF THE COUNTY OF IlARNETT, NORTH CAROLINA, MAKING CERTAIN STATEMENTS OF FACT CONCERNING PROPOSED BOND ISSUE" was adopted by the following vote: AYES: BEATRICE B. HILL DANB.ANDREWS WALT TrrcHENER TIM MCNEILL NAYS: NONE PASSED, ADOPTED AND APPROVED this 2nd day of February, 2004. 164 Commissioner McNeill introduced the following bond order by reading the title thereof: BOND ORDER AUTHORIZING THE IsSUANCE OF NOT TO EXCEED $4,100,000 GENERAL OBLIGATION REFUNDING BONDS OF THE EAST CENTRAL WATER AND SEWER DISTRICf OF THE COUNTY OF HARNETI, NORm CAROLiNA WHEREAS, the East Central Water and Sewer District (the "District') of the County of Harnett, North Carolina (the "County') has issued its $3,608,000 County of Harnett, North Carolina East Central Water and Sewer District Bonds, Series A (the "Series A Bonds") and $172,000 County of Harnett, North Carolina East Central Water and Sewer District Bonds, Series B (the "Series B Bonds H); WHEREAS. the Board of Commissioners of the County, acting as the governing body (the "Board") of the District, deems it advisable to refund $3,361,500 in aggregate principal amount of the Series A Bonds maturing on and after June 1, 2004; WHEREAS, the Board deems it advisable to refund $160,000 in aggregate principal amount of the Series B Bonds maturing on and after June 1, 2004; and WHEREAS. an application has been filed with the Secretary of the Local Government / Commission of North Carolina requesting Commission approval of the bonds hereinafter described as required by the Local Government Bond Act, and the Secretary of the Local Government Commission has notified the Board that the application has been accepted for submission to the Local Government Commission; NOW, THEREFORE, BE IT ORDERED by the Board as follows: Section 1. The Board deems it advisable to refund (1) $3,361,500 in aggregate principal amount of the Series A Bonds maturing on and after June 1,2004 and (2) $160,000 in aggregate principal amount of the Series B Bonds maturing on and after June 1, 2004. Section 2. To raise the money required to pay the costs of refunding the Series A Bonds and the Series B Bonds as set forth above, General Obligation Refunding Bonds of the East Central Water and Sewer District of the County of Harnett, North Carolina are hereby authorized and shall be issued pursuant to the Local Government Bond Act of North Carolina. The maximum aggregate principal amount of such General Obligation Refunding Bonds authorized by this bond order shall be and not exceed $4,100,000. Section 3. A tax. sufficient to pay the principal of and interest on said General Obligation Refunding Bonds when due shall be annually levied and collected. Section 4. A sworn statement of the District's debt has been filed with the Clerk to the Board and is open to public inspection. Section 5. This bond order shall take effect upon its adoption. After the introduction of the bond order, Commissioner McNeill introduced the following resolution, a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board of Commissioners and which was read by title: A REsOLUnON 0' THE COUNTY OF HARNETI', NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE EAST CENTRAL WATER AND SEWER DISTRICf OF THE COUNTY OF IlARNETI, NORTH CAROLINA, CALLING A PUBLIC HEARING ON THE BOND ORDER, DIRECTING PuBLICATION OF NOTICE OF SAID PUBLIC HEARING AND FILING OF A DEBT STATEMENT. WHEREAS. a bond order titled: "BOND ORDER AumORIZlNG THE IssuANCE OF NOT TO EXCEED 54,100,000 GENERAL OBLIGATION REFUNDING BONDS OF THE EAST CENTRAL WATER AND SEWER DISTRICf OF mE COUNTY OF HARNETI, NORm CAROLINA" has been introduced at a meeting of the Board of Commissioners of the County of Harnett, North Carolina (the "County'), sitting as the governing body (the "Board') of the East Central Water and Sewer District of the County (the "District "), this 2nd day of February, 2004, and the Board desires to provide for the holding of a public hearing thereon on Monday, February 16, 2004, and the submission of a statement of debt in connection therewith as required by the Local Government Bond Act; NOW, THEREFORE, THE BOARD DOES RESOLVE AS FOLLOWS: 1. The public hearing upon said bond order shall be held on the 16th day of February, 2004 at 7:00 p.m. in the County Board of Commissioners Assembly Room, 102 East Front Street, Lillington, North Carolina. 2. The Clerk to the Board is hereby directed to cause a copy of the bond order to be published with a notice of such hearing in the form prescribed by law in a qualified newspaper no fewer than six days before such public hearing. 3. The County's Finance Director, on behalf of the District, is hereby directed to file with the Clerk to the Board before publication of the bond order the notice of such public hearing, a statement setting forth the debt incurred or to be incurred, the appraised value of property subject to taxation by the District and the net debt of the District. Upon motion of Commissioner McNeill, seconded by Commissioner Titchener, the foregoing order titled: "A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETI, NORTH CAROLINA, SITIING AS THE GOVERNING BODY OF THE EAST CENTRAL WATER AND SEWER DISTRICT OF 1HE COUNTY OF HARNETI', NORTII CAROLINA, CALLING A PuBLIC HEARING ON THE BOND ORDER, DIRECTING PuBLICATION OF NOTICE OF SAID PuBLIC HEARING AND FILING OF A DEBT STATEMENT" was adopted by the following vote: AYES: BEATRICE B. HILL DAN B. ANDREWS WALT TITCHENER TIM MCNEILL NAYS: NONE PASSED, ADOPTED AND APPROVED this 2nd day of February, 2004. STATE OF NORTH CAROLINA COUNTY OF HARNm SS: I, Kay S. Blanchard. Clerk to the Board of Commissioners of the County of Harnett, North Carolina (the "County "), sitting as the governing body (the "Board") of the East Central Water and Sewer District of the County (the "Districf'), DO HEREBY CER17FY that the foregoing is a true and exact copy of the resolutiOns titled "A REsOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE EAST CENTRAL WATER AND SEWER DISTRICT OF THE COUNTY OF HARNETT, NORTH CAROLINA, MAKING CERTAIN STATEMENTS OF FACT CONCERNING PROPOSED BOND IsSUE" and "A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SfITING AS THE GoVERNING BODY OF THE EAST CENTRAL WATER AND SEWER DISTRICT OF THE COUNTY OF HARNETT, NORTH CAROLINA, CALLING A PuBLIC HEARING ON THE BOND ORDER, DIRECI'lNG PuBLICATION OF NOTICE OF SAID PUBLIC HEARING AND FILING OF A DEBT STATEMENT," each adopted by the Board of the District in regular session convened on the 2nd day of February, 2004, as recorded in the minutes of the Board. WITNESS my hand and the seal of the County. this the 2nd day of February. 2004. Attachment 4. Extract of Minutes of a special meeting of the Board of Commissioners of the County of Hamett, North Carolina, sitting as the governing body of the Northwest Water and Sewer District of the County of Harnett, North Carolina, held in the County Board of Commissioners Assembly Room, 102 East Front Street, Lillington, North Carolina, at 9:00 a.m. on February 2, 2004. A regular meeting of the Board of Commissioners of the County of Harnett, North Carolina (the "County"), sitting as the governing body (the "Board") of the Northwest Water and Sewer District of the County (the "District'), was held in the County Board of Commissioners Assembly Room, 102 East Front Street, LilIington, North Carolina. at 7;00 a.m. on February 2, 2004 (the "M.,ting'). after proper notice, and was called to order by Vice Chainnan Beatrice Hill, and upon the roll being called, the following members of the Board answered present: Dan B. Andrews, Walt Titchener, Tim McNeill. The following members of the Board were absent: Chairman Teddy J. Byrd. Also present: County Manager Neil Emory, County Attorney Dwight W. Snow, Vanessa W. Young. Commissioner Titchener introduced the following resolution, a summary of which had been provided to each Commissioner, a copy .of which was available with the Clerk to the Board of Commissioners and which was read by title: A REsOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE NORTHWEsT WATER AND SEWER DISTRICT OF THE COUNTY OF HARNETT, NORTH CAROLINA, MAKING CERTAIN STATEMENTS OF FACT CONCERNING PROPOSED BOND ISSUE WHEREAS, the Board is considering the issuance of bonds of the District which shall be for the following purposes and in the following maximum amount: Not to exceed $1,700,000 of General Obligation Re:fi.mding Bonds to pay the costs of refimding in advance of their maturities $1,376,000 aggregate principal amount of the County of Hamett, North Carolina Northwest Water and Sewer District Bonds, Series 1990 maturing on and after June 1,2004. WHEREAS, certain findings of fact by the Board must be presented to enable the Local Government Commission of the State of North Carolina to make certain determinations as set forth in Article 4 of Chapter 159 of the General Statutes, Section 52; NOW, THEREFORE, BE II' RESOLVED that the Board meeting in open session on the 2nd day of February, 2004, has made the following factual findings in regard to this matter: A. Facts Regarding Necessity of Proposed Financing. The proposed bonds are necessary and expedient to lower debt service costs to the District. B. Facts Supporting the Amount of Bonds Proposed. The sums estimated for these bonds are adequate and not excessive for the proposed purpose. C. Past Debt Management Polices. The District's debt management policies have been carried out in compliance with law. The County employs a Finance Director to oversee compliance by CLT 748306vl 165: 166 the District with applicable laws relating to debt management. The Board requires annual audits of District finances. In connection with these audits, compliance with laws is reviewed. The District is not in default in any of its debt service obligations. The County Attorney reviews all of the District's debt- related documents for compliance with laws. D. Past Budgetary and Fiscal Management Polices. The District's budgetary and fiscal management policies have been carried out in compliance with laws. Annual budgets are closely reviewed by the Board before final approval of budget ordinances. Budget amendments changing a function total or between functions are presented to the Board at regular Board meetings. The Finance Director presents financial information to the Board which shows budget to actual comparisons annually and otherwise as the County Manager deems necessary or as a member of the Board may request. "'~/ E. Retirement of Debt The schedule for issuing the bonds does not require a property tax increase, The schedule for issuance calls for issuing all of the bonds in Fiscal Year 2003-2004. Upon motion of Commissioner Titchener, seconded by Commissioner McNeill, the foregoing order titled: "A REsOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNE'IT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE NORTHWEST WATER AND SEWER DISTRICT OF THE COUNTY OF HARNE 'IT, NORTH CAROLINA, MAKING CERTAIN STATEMENTS OF F ACI' CONCERNING PROPOSED BOND IsSUE" was adopted by the following vote: AYEs: BEATRICE B. HILL DAN B. ANDREWS WALT TITCHENER TIM McNEILL NAYS: NONE PASSED, ADOPTED AND APPROVED this 2nd day of February, 2004. Commissioner Titchener introduced the following bond order by reading the title thereof: BOND ORDER AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $1,700,000 GENERAL OBLIGA nON REFUNDING BONDS OF THE NORTHWEST WATER AND SEWER DISTRICT OF THE COUNTY OF HARNE'IT, NORTH CAROLINA WHEREAS, the Northwest Water and Sewer District (the "District') of the County of Harnett, North Carolina (the "County') has issued its $1,604,000 County of Harnett, North Carolina Northwest Water and Sewer District Bonds, Series 1990 (the "1990 Bonds "); WHEREAS, the Board of Commissioners of the County, acting as the governing body (the "Board') of the District, deems it advisable to refund $1,376,000 in aggregate principal amount of the 1990 Bonds maturing on and after June 1, 2004; and WHEREAS, an application has been filed with the Secretary of the Local Government Commission of North Carolina requesting Commission approval of the honds hereinafter described as required by the Local Government Bond Act, and the Secretary of the Local Government Commission has notified the Board that the application has been accepted for submission to the Local Government Commission; NOW, lHEREFORE, BE IT ORDERED by the Board as follows: Section 1. The Board deems it advisable to refund $1,376,000 in aggregate principal amount of the 1990 Bonds maturing on and after June 1, 2004. Section 2. To raise the money required to pay the costs of refunding the 1990 Bonds as set forth above, General Obligation Refunding Bonds of the Northwest Water and Sewer District of the County of Harnett, North Carolina are hereby authorized and shall be issued pursuant to the Local Government Bond Act of North Carolina. The maximum aggregate principal amount of such General Obligation Refunding Bonds authorized by this bond order shall be and not exceed $1,700,000. Section 3. A tax sufficient to pay the principal of and interest on said General Obligation Refunding Bonds when due shall be annually levied and collected. Section 4. A sworn statement of the District's debt has been filed with the Clerk to the Board and is open to public inspection. Section 5. This bond order shall take effect upon its adoption. After the introduction of the bond order, Commissioner Titchener introduced the following resolution, a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board of Commissioners and which was read by title: A REsOLUTION OF THE COUNTY OF HARNETf, NORm CAROLINA, SITTING AS THE GOVERNING BODY OF THE NORTHWEST WATER AND SEWER DISTRICT OF THE COUNTY OF HARNETT, NORTH CAROLINA, CALLING A PuBLIC HEARING ON THE BOND ORDER, DIRECTING PUBLICATION OF NOTICE OF SAID PuBLIC HEARING AND FILING OF A DEBT STATEMENT. WHEREAS, a bond order titled: "BOND ORDER AUTHORIZING THE IsSUANCE OF NOT TO EXCEED $1,700,000 GENERAL OBLIGATION REFUNDING BONDS OF THE NORTHWEST WATER AND SEWER DISTRICf OF THE COUNTY OF HARNETf, NORm CAROLINA" has been introduced at a meeting of the Board of Commissioners of the County of Harnett, North Carolina (the "County"), sitting as the governing body (the "Board") of the Northwest Water and Sewer District of the County (the "District"), this 2nd day of February, 2004, and the Board desires to provide for the holding of a public hearing thereon on Monday , February 16, 2004, and the submission of a statement of debt in connection therewith as required by the Local Government Bond Act; NOW, THEREFORE, THE BOARD DOES RESOLVE AS FOLLOWS: 1. The public hearing upon said bond order shall be held on the 16th day of February, 2004 at 7:00 p.rn. in the County Board of Commissioners Assembly Room, 102 East Front Street, Lillington, North Carolina. 2. The Clerk to the Board is hereby directed to cause a copy of the bond order to be published with a notice of such hearing in the form prescribed by law in a qualified newspaper no fewer than six days before such public hearing. 3. The County~s Finance Director, on behalf of the District, is hereby directed to file with the Clerk to the Board before publication of the bond order the notice of such public hearing, a statement setting forth the debt incurred or to be incurred, the appraised value of property subject to taxation by the District and the net debt of the District. Upon motion of Commissioner Titchener, seconded by Commissioner McNeill, the foregoing order titled: "A REsOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORm CAROLINA, SITI1NG AS THE GOVERNING BODY OF THE NORTHWEST WATER AND SEWER DISTRICf OF THE COUNTY OF HARNETf, NORm CAROLINA, CALLING A PUBLIC HEARING ON THE BOND ORDER, DIRECfING PuBLICATION OF NOTICE OF SAID PuBLIC HEARING AND FILING OF A DEBT STATEMENT" was adopted by the following vote: AYES: ,BEATRICEB. HILL DANB. ANDREWS WALT TITCHENER TIM McNEILL NAYS: NONE PASSED, ADOPTED AND APPROVED this 2nd day of February, 2004. STATE OF NORTH CAROLINA SS: COUNTY OF HARNEIT I, Kay S. Blanchard, Clerk to the Board of Commissioners of the County of Harnett, North Carolina (the "County"), sitting as the governing body (the "Board'} of the Northwest Water and Sewer District of the County (the District"), DO HEREBY CERTIFY that the foregoing is a true and exact copy of the resolutions titled "A REsOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF IlARNETT, NORTH CAROLINA, SITI'ING AS THE GOVERNING BODY OF THE NORTHWEST WATER AND SEWER DISTRICf OF THE COUNTY OF HA.RNETf, NORTH CAROLINA, MAKING CERTAIN STATEMENTS OF FACf CONCERNING PROPOSED BOND ISSUE" and "A REsOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE NORTHWEST WATER AND SEWER DISTRICf OF THE COUNTY OF HARNETT, NORTH CAROLINA, CALLING A PUBLIC HEARING ON THE BOND ORDER, DIRECTING PuBLICATION OF NOTICE OF SAID PuBLIC IlEARING AND FILING OF A DEBT STATEMENT," each adopted by the Board of the District in regular session convened on the 2nd day of February, 2004, as recorded in the minutes of the Board. WITNESS my hand and the seal of the County, this the 2nd day of February, 2004. (SEAL) ~~~.~ Kay S. lanchard, Clerk to the Board of Commissioners CountY of Harnett, North Carolina ... ~:_ 1 ' 167 168 Attachment 5. Extract of Minutes of a special meeting of the Board of Commissioners of the Connty of Harnett, North Carolina, sitting as the governing b9dy of the South Central Water and Sewer District of the Connty of Harnett, North Carolina, held in the Connty Board of Commissioners Assembly Room, 102 East Front Street, Lillington, North Carolina, at 9:00 a,m. on February 2,2004. * A regular meeting of the Board of Commissioners of the County of Harnett, North Carolina (the "County''), sitting as the governing body (the "Board'') of the South Central Water and Sewer District of the Connty (the "District''), was held in the Connty Board of Commissioners Assembly Room, 102 East Front Street, Lillington, North Carolina, at 7:00 a.m, on February 2, 2004 (the "Meeting''), after proper notice, and was called to order by Vice Chainnan Beatrice Hill, and upon the roll being called, the following members of the Board answered present: Dan B, Andrews, Walt Titchener, Tim McNeill. The following members of the Board were absent: Chairman Teddy J, Byrd. Also present: County Manager Neil Emory, Connty Attorney, County Finance Officer Vanessa W. Yonng. Commissioner Andrews introduced the following resolution, a sunnnary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board of Commissioners and which was read by title: A REsOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORm CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF THE COUNTY OF HARNEtT, NORTH CAROLINA, MAKING CERTAIN STATEMENTS OF FACT CONCERNING PROPOSED BOND ISSUE WHEREAS, the Board is considering the issuance of bonds of the District which shall be for the following purposes and in the following maximum amount Not to exceed $3,400,000 of General Obligation Refunding Bonds to pay the costs of refunding in advance of their maturities (1) $800,000 aggregate principal amonnt of the County of Harnett, North Carolina South Central Water and Sewer District Bonds, Series 1990 maturing on and after Jnne 1, 2004, (2) $167,000 aggregate principal amount of the County of Harnett, North Carolina South Central Water and Sewer District Bonds, Series 1991 maturing on and after Jnne 1,2004, (3) $900,000 aggregate principal amonnt of the County of Harnett, North Carolina South Central Water and Sewer District Bonds, Series 1996 maturing on and after Jnne 1,2004, and (4) $955,000 aggregate principal amount of the Connty of Harnett, North Carolina South Central Water and Sewer District Bonds, Series 1997A maturing on and after June 1,2004. WHEREAS, certain findings of fact by the Board must be presented to enable the Local Government Commission of the State of North Carolina to make certain determinations as set forth in Article 4 of Chapter 159 of the General Statutes, Section 52; NOW. THEREFORE, BE IT RESOLVED that the Board meeting in open session on the 2nd day of February, 2004, has made the following factual findings in regard to this matter: A. Facts Regarding Necessity of Proposed Financing. The proposed bonds are necessary and expedient to lower debt service costs to the District. B. Facts Supporting the Amount of Bonds Proposed. The sums estimated for these bonds are adequate and not excessive for the proposed purpose. C. Past Debt Management Polices. The District's debt management policies have been carried out in compliance with law. The Connty employs a Finance Director to oversee compliance by the District with applicable laws relating to debt management. The Board requires annual audits of District finances. In connection with these audits, compliance with laws is reviewed. The District is not in default in any of its debt service obligations. The Connty Attorney reviews all of the District's debt- related documents for compliance with laws. D. Past Budgetary and Fiscal Management Polices. The District's budgetary and fiscal management policies have been carned out in compliance with laws. Annual budgets are closely reviewed by the Board before final approval of budget ordinances. Budget amendments changing a function total or between functions are presented to the Board at regular Board meetings. The Finance Director presents financial information to the Board which shows budget to actual comparisons annually and otherwise as the County Manager deems necessary or as a member of the Board may request. E. Retirement of Debt The schedule for issuing the bonds does not require a property tax increase. The schedule for issuance calls for issuing all of the bonds in Fiscal Year 2003-2004. Upon motion of Commissioner Andrews, seconded by Commissioner McNeill, the foregoing order titled: "A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORm CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF THE COUNTY OF HARNETT, NORTH CAROLINA, MAKING CERTAIN STATEMENTS OF FACT CONCERNING PROPOSED BOND ISSUE" was adopted by the following vote: AYES: BEATRICE B. HILL DAN B. ANDREWS W At T TITCHmmR TIM McNEILL NAYS: NONE PASSED, ADOPTED AND APPROVED this 2nd day of February, 2004. Commissioner Andrews introduced the following bond order by reading the title thereof: BOND ORDER AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $3,400,000 GENERAL OBLIGA nON REFUNDING BONDS OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF THE COUNTY OF IlARNETf, NORTH CAROLINA WHEREAS, the South Central Water and Sewer District (the "District') of the County of Harnett, North Carolina (the "County'') has issued its (1) $951,000 County of Harnett, North Carolina South Central Water and Sewer District Bonds, Series 1990 (the "1990 Bonds '), (2) $191,000 County of Harnett, North Carolina South Central Water and Sewer District Bonds, Series 1991 (the "1991 Bonds"), (3) $1,140,000 County of Harnett, North Carolina South Central Water and Sewer District Bonds, Series 1996 (the "1996 Bonds '), and (4) $1,000,000 County of Harnett, North Carolina South Central Water and Sewer District Bonds, Series 1997A (the "1997A Bonds'), WHEREAS, the Board of Commissioners of the County, acting as the governing body (the "Board') of the District, deems it advisable to refund $800,000 in aggregate principal amount of the 1990 Bonds maturing on and after June 1, 2004; WHEREAS, the Board deems it advisable to refund $167,000 in aggregate principal amount of the 1991 Bonds maturing on and after June 1, 2004; WHEREAS, the Board deems it advisable to refund $900,000 in aggregate principal amount of the 1996 Bonds maturing on and after June 1,2004; WHEREAS, the Board deems it advisable to refund $955,000 in aggregate principal amount of the 1997 A Bonds maturing on and after June 1, 2004; and WHEREAS, an application has been filed with the Secretary of the Local Government Commission of North Carolina requesting Commission approval of the bonds hereinafter described as required by the Local Government Bond Act, and the Secretary of the Local Government Commission has notified the Board that the application has been accepted for submission to the Local Government Commission; NOW, THEREFORE, BE IT ORDERED by the Board as follows: Section 1. The Board deems it advisable to refund (1) $800,000 in aggregate principal amount of the 1990 Bonds maturing on and after June 1, 2004, (2) $167,000 in aggregate principal amount of the 1991 Bonds maturing on and after June 1, 2004, (3) $900,000 in aggregate principal amount of the 1996 Bonds maturing on and after June 1,2004, and (4) $955,000 in aggregate principal amount of the 1997 A Bonds maturing on and after June 1, 2004. Section 2. To raise the money required to pay the costs of refunding the 1990 Bonds, the 1991 Bonds, the 1996 Bonds and the 1997 A Bonds as set forth above, General Obligation Refunding Bonds of the South Central Water and Sewer District of the County of Harnett, North Carolina are hereby authorized and shall be issued pursuant to the Local Government Bond Act of North Carolina. The maximum aggregate principal amount of such General Obligation Refunding Bonds authorized by this bond order shall be and not exceed $3,400,000. Section 3. A tax sufficient to pay the principal of and interest on said General Obligation Refunding Bonds when due shall be annually levied and collected. Section 4. A sworn statement of the District's debt has been filed with the Clerk to the Board and is open to public inspection. Section 5. This bond order shall take effect upon its adoption. After the introduction of the bond order, Commissioner. Andrews introduced the following resolution, a summary of which had been provided to each Commissio~er, a copy of which was available with the Clerk to the Board of Commissioners and which was read by title: A RESOLUTION OF THE COUNTY OF HARNETf, NORTH CAROLINA, SITrING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRICf OF THE COUNTY OF HARNETf, NORTH CAROLINA, CALLING A PUBLIC HEARING ON THE BOND ORDER, DIRECfING PUBLICATION OF NOTICE OF SAID PuBLIC HEARING AND FILING OF A DEBT STATEMENT. I,f"~>. WHEREAS, a bond order titled: "BOND ORDER AUTHORIZING THE IssUANCE OF NOT TO EXCEED $3,400,000 GENERAL OBLIGATION REFUNDING BONDS OF THE SOUTH CENTRAL WATER AND SEWER DISTRICf OF THE COUNTY OF HARNETf, NORTH ~ROLINA" has been introduced at a meeting of the Board of Commissioners of the County of Harnett, North Carolina (the uCounty '), sitting as the governing body (the ttBoard') of the South Central Wa!er and Se~er District of the County (the. ttDistrict '), this 2nd day of February, 2004, and the Board desrres. to. prOVIde for the holding of a public hearing thereon on Monday, February 16, 2004, and the SUbrntSSlOn of a statement of debt in connection therewith as required by the Local Government Bond Act; NOW, THEREFORE, THE BOARD DOES RESOLVE AS FOLLOWS: 1. The public hearing upon said bond order shall be held on the 16th day ofFebru~, 2004 at 7:00 p.m. in the County Board of Commissioners Assembly Room, 102 East Front Street, Ltlhngton, North Carolina. 16 g. 170 2. The Clerk to the Board is hereby directed to cause a copy of the bond order to be published with a notice of such hearing in the fonn prescribed by law in a qualified newspaper no fewer than six days before such public hearing. 3. The County's Finance Director, on behalf of the District is hereby directed to file with the Clerk to the Board before publication of the bond order the notice of such public hearing, a statement setting forth the debt incurred or to be incurred, the appraised value of property subject to taxation by the District and the net debt of the District. Upon motion of Commissioner Andrews, seconded by Commissioner McNeill, the foregoing order titled: "A REsOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUN1Y OF HARNETT, NORTH CAROLINA, SITIING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF THE COUNTY OF HARNETT, NORTH CAROLINA, CALLING A PuBLIC HEARING ON THE BOND ORDER, DIREcrlNG PuBLICATION OF NOTICE OF SAID PUBLIC HEARING AND FILING OF A DEBT STATEMENT" was adopted by the following vote: AYES: BEA1RICE B. HILL DAN B. ANDREWS W AL T TITCHENER TIM MCNEILL NAYS: NONE PASSED, ADOPTED AND APPROVED this 2nd day of February, 2004. STATE OF NORTII CAROLINA SS: COUNTY OF HARNETT I, Kay S. Blanchard, Clerk to the Board of Commissioners of the County of Harnett, North Carolina (the "County"), sitting as the governing body (the "Board") of the South Central Water and Sewer District of the County (the "District"), DO HEREBY CERTIFY that the foregoing is a true and exact copy of the resolutions titled "A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITI'ING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRIcr OF THE COUNTY OF HARNETT, NORTH CAROLINA, MAKING CERTAIN STATEMENTS OF FAcr CONCERNING PRoPOSED BOND ISSUE" and "A REsOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUN1Y OF HARNETT, NORTH CAROLINA, SITTING AS THE GoVERNING BODY OF THE SoUTH CENTRAL WATER AND SEWER DISTRIcr OF THE COUNTY OF HARNETT, NORTH CAROLINA, CALLING A PuBLIC HEARING ON THE BOND ORDER, DIRECTING PuBLICATION OF NOTICE OF SAID PuBLIC IlEARING AND FILING OF A DEBT STATEMENT," each adopted by the Board of the district in regular session convened on the 2nd day of February, 2004, as recorded in the minutes of the Board. WITNESS my hand and the seal of the County, this the 2nd day of February, 2004. (SEAL) ~J,~ Kay S. B chard, Clerk to the Board of ComnnsslOners County of Harnett, North Carolina .' : l;~ .t -:'~~ J;* Attachment 6. Extract of Minutes of a special meeting of the Board of Commissioners of the County of Harnett, North Carolina, sitting as the governing body of the West Central Water and Sewer District of the County of Harnett, North Carolina, held in the County Board of Commissioners Assembly Room, 102 East Front Street, Lillington, North Carolina, at 9:00 a.m. on February 2, 2004. A regular meeting of the Board of Commissioners of the County of Harnett, North Carolina (the "County "), sitting as the governing body (the "Board") of the West Central Water and Sewer District of the County (the "District"), was held in the County Board of Commissioners Assembly Room, 102 East Front Street, Lillington, North Carolina, at 9:00 a.m. on February 2, 2004 (the "Meeting''), after proper notice, and was called to order by Vice Chainnan Beatrice Hill, and upon the roll being called, the following members of the Board answered present: Dan B. Andrews, Walt Titchener, Tim McNeill. The following members of the Board were absent: Chairman Teddy J. Byrd. Also present County Manager Neil Emory, County Attorney Dwight W. Snow, County Finance Officer Vanessa W. Young. Commissioner Titchener introduced the following resolution, a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board of Commissioners and which was read by title: A REsOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF IlARNEIT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE WEST CENTRAL WATER AND SEWER DISTRICf OF THE COUNTY OFHARNETf, NORTH CAROLINA, MAKING CERTAIN STATEMENTS OF FACf CONCERNING PROPOSED BOND ISSUE WHEREAS, the Board is considering the issuance of bonds of the District which shall be for the following purposes and in the following maximum amount: Not to exceed $2,700,000 of General Obligation Refunding Bonds to pay the costs of refunding in advance of their maturities (1) $567,000 aggregate principal amount of the County of Harnett, North Carolina West Central Water and Sewer District Bonds, Series 1989 A maturing on and after June 1, 2004, (2) $109,400 aggregate principal amount of the County of Harnett, North Carolina West Central Water and Sewer District Bonds, Series 1989B maturing on and after June 1, 2004, and (3) $1,626,000 aggregate principal amount of the County of Harnett, North Carolina West Central Water and Sewer District Bonds, Series 1993 maturing on and after June 1, 2004. WHEREAS, certain findings of fact by the Board must be presented to enable the Local Government Commission of the State of North Carolina to make certain determinations as set forth in Article 4 of Chapter 159 of the General Statutes, Section 52; NO~ THEREFORE, BE IT RESOLVED that the Board meeting in open session on the 2nd day of February, 2004, has made the following factual findings in regard to this matter: A. Facts Regarding Necessity of Proposed Financing. The proposed bonds are necessary and expedient to lower debt service costs to the District. B. Facts Supporting the Amount of Bonds Proposed. The sums estimated for these bonds are adequate and not excessive for the proposed purpose. C. Past Debt Management Polices. The District's debt management policies have been carried out in compliance with law. The County employs a Finance Director to oversee compliance by the District with applicable laws relating to debt management. The Board requires annual audits of District finances. In connection with these audits, compliance with laws is reviewed. The District is not in default in any of its debt service obligations. The County Attorney reviews all of the District's debt- related documents for compliance with laws. D. Past Budgetary and Fiscal Management Polices. The District's budgetary and fiscal management policies have been carried out in compliance with laws. Annual budgets are closely reviewed by the Board before final approval of budget ordinances. Budget amendments changing a function total or between functions are presented to the Board at regular Board meetings. The Finance Director presents financial information to the Board which shows budget to actual comparisons annually and otherwise as the County Manager deems necessary or as a member of the Board may request. E. Retirement of Debt The schedule for issuing the bonds does not require a property tax increase. The schedule for issuance calls for issuing all of the bonds in Fiscal Year 2003-2004. Upon motion of Commissioner Titchener, seconded by Commissioner Andrews, the foregoing order titled: "A REsOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNEIT, NORTH CAROLINA, SITI'ING AS THE GOVERNING BODY OF THE WEST CENTRAL WATER AND SEWER DISTRICf OF THE COUNTY OF HARNEIT, NORTH CAROLINA, MAKING CERTAIN STATEMENTS OF F ACf CONCERNING PROPOSED BOND ISSUE" was adopted by the following vote: AYES: BEATRICEB. HILL DAN B. ANDREWS WALT TITCHENER TIM McNEILL NAYS: NONE PASSED, ADOPTED AND APPROVED this 2nd day of February, 2004. 171. 172 Commissioner Titchener introduced the following bond order by reading the title thereof: BOND ORDER AUTHORIZING THE IsSUANCE OF NOT TO EXCEED $2,700,000 GENERAL OBLIGATION REFUNDING BONDS OF THE WEST CENTRAL WATER AND SEWER DISTRICT OF THE COUNTY OF BARNETI', NORm CAROLINA WHEREAS; the West Central Water and Sewer District (the "District') of the County of Harnett, North Carolina (the "County') has issued its (1) $670,000 County of Harnett, North Carolina West Central Water and Sewer District Bonds, Series 1989A (the "1989A Bonds "), (2) $130,000 County of Harnett, North Carolina West Central Water and Sewer District Bonds, Series 1989B (the "1989B Bonds '), and (3) $ 1,800,000 County of Harnett, North Carolina West Central Water and Sewer District Bonds, Series 1993 (the "1993 Bonds '); WHEREAS, the Board of Commissioners of the County, acting as the governing body (the "Board'') of the District, deems it advisable to refund $567,000 in aggregate principal amount of the 1989A Bonds maturing on and after June 1,2004; WHEREAS, the Board deems it advisable to refund $109,400 in aggregate principal amount of the 1 989B Bonds maturing on and after June 1, 2004; WHEREAS, the Board deems it advisable to refund $1,626,000 in aggregate principal amount of the 1993 Bonds maturing on and after June 1, 2004; and WHEREAS, an application has been filed with the Secretary of the Local Government Commission of North Carolina requesting Commission approval of the bonds hereinafter described as required by the Local Government Bond Act, and the Secretary of the Local Government Commission has notified the Board that the application has been accepted for submission to the Local Government Commission; NOW, THEREFORE, BE IT ORDERED by the Board as follows: Section 1. The Board deems it advisable to refund (1) $567,000 in aggregate principal amount of the 1 989A Bonds maturing on and after June 1, 2004, (2) $109,400 in aggregate principal amount of the 1989B Bonds maturing on and after June 1, 2004, and (3) $ 1,626,000 in aggregate principal amount of the 1 993 Bonds maturing on and after June 1, 2004. Section 2. To raise the money required to pay the costs of refunding the 1 989A Bonds, the 1 989B Bonds and the 1993 Bonds as set forth above, General Obligation Refunding Bonds of the West Central Water and Sewer District of the County of Harnett, North Carolina are hereby authorized and shall be issued pursuant to the Local Government Bond Act of North Carolina. The maximum aggregate principal amount of such General Obligation Refunding Bonds authorized by this bond order shall be and not exceed $2,700,000. Section 3. A tax sufficient to pay the principal of and interest on said General Obligation Refunding Bonds when due shall be annually levied and collected. Section 4. A sworn statement of the District's debt has been filed with the Clerk to the Board and is open to public inspection. Section 5. This bond order shall take effect upon its adoption. After the introduction of the bond order, Commissioner Titchener introduced the following resolution, a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board of Commissioners and which was read by title: A REsOLUTION OF THE COUNTY OF BARNETI', NORm CAROLINA, SITI'ING AS THE GOVERNING BODY OF THE WEST CENTRAL WATER AND SEWER DISTRICT OF THE COUNTY OF BARNETI', NORm CAROLINA, CALLING A PuBLIC HEARING ON THE BOND ORDER, DIRECTING PUBLICATION OF NOTICE OF SAID PuBLIC HEARING AND FILING OF A DEBT STATEMENT. WHEREAS, a bond order titled: "BOND ORDER AUTHORIZING THE IssUANCE OF NOT TO EXCEED $2,700,000 GENERAL OBLIGATION REFUNDING BONDS OF THE WEST CENTRAL WATER AND SEWER DISTRICT OF THE COUNTY OF BARNETI', NORm CAROLINA" has been introduced at a meeting of the Board of Commissioners of the County of Harnett, North Carolina (the "County'), sitting as the governing body (the "Board') of the West Central Water and Sewer District of the County (the "District ''), this 2nd day of February, 2004, and the Board desires to provide for the holding of a public hearing thereon on Monday, February 16, 2004, and the submission of a statement of debt in connection therewith as required by the Local Government Bond Act; NOW, nfEREFORE, THE BOARD DOES RESOLVE AS FOLLOWS: 1 . The public hearing upon said bond order shall be held on the 16th day of February, 2004 at 7;00 p.m. in the County Board of Commissioners Assembly Room, 102 East Front Street, Lillington, North Carolina. 2. The Clerk to the Board is hereby directed to cause a copy of the bond order to be published with a notice of such hearing in the form prescribed by law in a qualified newspaper no fewer than six days before such public hearing. 3. The County's Finance Director, on behalf of the District, is hereby directed to file with the Clerk to the Board before publication of the bond order the notice of such public hearing, a statement setting forth the debt incurred or to be incurred, the appraised value of property subject to taxation by the District and the net debt of the District. . Upon"motion of Commissioner Titchener, seconded by Commissioner Andrews, the foregoing order tItled: A REsOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE WEST CENTRAL WATER AND SEWER DISTRICT OF THE COUNTY OF HARNETT, NORTH CAROLINA, CALLING A PuBLIC HEARING ON THE BOND ORDER, DIRECTING PuBLICATION OF NOTICE OF SAID PuBLIC HEARING AND FILING OF A DEBT STATEMENT" was adopted by the following vote: AYES: BEATRICE B. HILL DAN B. ANDREWS WALT TITCHENER TIM McNEILL NA YS: NONE PASSED, ADOPTED AND APPROVED this 2nd day of February, 2004. STATE OF NORTII CAROLINA SS: COUNTY OF HARNErr I, Kay S. Blanchard, Clerk to the Board of Commissioners of the County of Harnett, North Carolina (the "County "), sitting as the governing body (the "Board") of the West Central Water and Sewer District of the County (the "District") DO HEREBY CERTIFY that the foregoing is a true and exact copy of the resolutions titled "A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE WEST CENTRAL WATER AND SEWER DISTRICT OF THE COUNTY OF HARNETT, NORTH CAROLINA, MAKING CERTAIN STATEMENTS OF FACT CONCERNING PROPOSED BOND ISSUE" and "A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GoVERNING BODY OF THE WEST CENTRAL WATER AND SEWER DISTRICT OF THE COUNTY OF HARNETT, NORTH CAROLINA, CALLING A PuBLIC HEARING ON THE BOND ORDER, DIRECTING PuBLICATION OF NOTICE OF SAID PUBLIC HEARING AND FILING OF A DEBT STATEMENT," each adOpted by the Board of the District in regular session convened on the 2nd day of February, 2004, as recorded in the minutes of the Board. WITNESS my hand and the seal of the County, this the 2nd day of February, 2004. (SEAL) ~~. ~MJ Kay S. lanchard, Clerk to the Board ofConurusslOners County of Harnett, North Carolina CLT 748353vl 173. 174 Attachment 7. Extract of Minutes of a special meeting of the Board of Commissioners of the County of Harnett, North Carolina, sitting as the governing body of the Southwest Water and Sewer Dis~ct of the County of Harnett, North Carolina, held in the County Board of Commissioners Assembly Room, 102 East Front Street, Lillington, North Carolina, at 9:00 a.m. on February 2,2004. . A regular meeting of the Board of Commissioners of the County of Harnett, North Carolina (the ((County"), sitting as the governing body (the ((Board') of the Southwest Water and Sewer District of the County (the ((District''), was held in the County Board of Commissioners Assembly Room, 102 East Front Street, Lillington, North Carolina, at 7:00 a.m. on February 2, 2004 (the ((Meeting'), after proper notice, and was called to order by Vice Chairman Beatrice Hill, and upon the roll being called, the following members of the Board answered present: Dan B. Andrews, Walt Titchener, Tim McNeill. The following members of the Board were absent: Chainnan Teddy J. Byrd. Also present: County Manager Neil Emory, County Attorney Dwight W. Snow, County Finance Officer Vanessa W. Young. Commissioner McNeill introduced the following resolution, a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board. of Commissioners and which was read by title: A REsOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF IlARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTHWEST WATER AND SEWER DISTRICf OF THE COUNTY OF HARNETT, NORTH CAROLINA, MAKING CERTAIN STATEMENTS OF FACf CONCERNING PROPOSED BOND ISSUE WHEREAS, the Board is considering the issuance of bonds of the District which shall be for the following pmposes and in the following maximum amount: Not to exceed $4,500,000 of General Obligation Refunding Bonds to pay the costs of refunding in advance of their matmities (1) $2,298,000 aggregate principal amount of the County of Harnett, North Carolina Southwest Water and Sewer District Bonds, Series 199 I A maturing on and after June 1, 2004, (2) $416,500 aggregate principal amount of the County of Harnett, North Carolina Southwest Water and Sewer District Bonds, Series 1991B maturing on and after June 1, 2004, (3) $220,000 aggregate principal amount of the County of Harnett, North Carolina Southwest Water and Sewer District Bonds, Series 1992 maturing on and after March 1,2005, and (4) $841,000 aggregate principal amount of the County of Harnett, North Carolina Southwest Water and Sewer District Bonds, Series 1997 A maturing on and after June 1, 2004. WHEREAS, certain findings of fact by the Board must be presented to enable the Local Government Commission of the State of North Carolina to make certain determinations as set forth in Article 4 of Chapter 159 of the General Statutes, Section 52; NOW, THEREFORE, BE IT RESOLVED that the Board meeting in open session on the 2nd day of February, 2004, has made the following factual findings in regard to this matter: A. Facts Regarding Necessity of Proposed Financing. The proposed bonds are necessary and expedient to lower debt service costs to the'Bistrict B. Facts Supporting the Amount of Bonds Proposed. The sums estimated for these bonds are adequate and not excessive for the proposed purpose. C. Past Debt Management Polices. The District's debt manageinent policies have been carried out in compliance with law. The County employs a Finance Director to oversee compliance by the District with applicable laws relating to debt management. The Board requires annual audits of District finances. In connection with these, audits, compliance with laws is reviewed. The District is not in default in any of its debt service obligations. The County Attorney reviews all of the District's debt- related documents for compliance with laws. D. Past Budgetary and Fiscal Management Polices. The District's budgetary and fiscal management policies have been carried out in compliance with laws. Annual budgets are closely reviewed by the Board before final approval of budget ordinances. Budget amendments changing a function total or between functions are presented to the Board at regular Board meetings. The Finance Director presents financial information to the Board which shows budget to actual comparisons annuaIly and otherwise as the County Manager deems necessary or as a member of the Board may request. E. Retirement of Debt. The schedule for issuing the bonds does not require a property tax increase. The schedule for issuance caIls for issuing all of the bonds in Fiscal Year 2003-2004. Upon motion of Commissioner McNeill, seconded by Commissioner Andrews, the foregoing order titled: "A REsOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITI'ING AS THE GOVERNING BODY OF THE SOUTHWEST WATER AND SEWER DISTRICf OF THE COUNTY OF HARNETT, NORTH CAROLINA, MAKING CERTAIN STATEMENTS OF F ACf CONCERNING PROPOSED BOND ISSUE" was adopted by the following vote: AyES: BEATRICE B. HILL DAN B. ANDREWS WALT TITcHENER TIM McNEILL NAYS: NONE PASSED, ADOPTED AND APPROVED this 2nd day of February, 2004. Commissioner McNeill introduced the following bond order by reading the title thereof: BOND ORDER AUTHORIZING THE IsSUANCE OF NOT TO EXCEED $4,500,000 GENERAL OBLIGATION REFUNDING BONDS OF THE SOUTHWEST WATER AND SEWER DISTRICT OF THE COUNTY OF IlARNETI, NORTH CAROLINA WHEREAS, the Southwest Water and Sewer District (the ilDistrict'} of the County of Harnett, North Carolina (the "County") has issued its (1) $2,619,000 County of Harnett, North Carolina Southwest Water and Sewer District Bonds, Series 1991A (the "J991A Bonds'), (2) $475,000 County of Harnett, North Carolina Southwest Water and Sewer District Bonds, Series 1991B (the "1991 B Bonds '), (3) $520,000 County of Harnett, North.Carolina Southwest Water and Sewer District Bonds, Series 1992 (the "1992 Bonds "), and (4) $880,000 County of Harnett, North Carolina Southwest Water and Sewer District Bonds, Series 1997 A (the "1997 A Bonds "), WHEREAS, the Board of Commissioners of the County, acting as the governing body (the ilBoard'') of the District, deems it advisable to refund $2,298,000 in aggregate principal amount of the 1991A Bonds maturing on and after June 1, 2004; WHEREAS, the Board deems it advisable to refund $416,500 in aggregate principal amount of the 1991B Bonds maturing.on and after June 1,2004; WHEREAS, the Board deems it advisable to refund $220,000 in aggregate principal amount of the 1992 Bonds maturing on and after March 1,2005; ^ WHEREAS, the Board deems it advisable to refund $841,000 in aggregate principal amount of the 1997 A Bonds maturing on and after JlUle 1, 2004; and WHEREAS, an application has been filed with the Secretary of the Local Government Commission of North Carolina requesting Commission approval of the bonds hereinafter described as required by the Local Government Bond Act, and the Secretary of the Local Government Commission has notified the Board that the application has been accepted for submission to the Local Government Commission; NOW, THEREFORE, BE IT ORDERED by the Board as follows: Section 1. The Board deems it advisable to refund (1) $2,298,000 in aggregate principal amount of the 1991A Bonds maturing on and after June 1, 2004, (2) $416,500 in aggregate principal amount of the 1991B Bonds maturing on and after June 1, 2004, (3) $220,000 in aggregate principal amount of the 1992 Bonds maturing on and after March 1, 2005, and (4) $841,000 in aggrega. principal amount of the 1997 A Bonds maturing on and after June 1, 2004. ' Section 2. To raise the money required to pay the costs of refunding the 1991A Bonds, the 1991B Bonds, the 1992 Bonds and the 1997A Bonds as set forth above, General Obligation Refunding Bonds of the Southwest Water and Sewer District of the County of Harnett, North Carolina are hereby authorized and shall be issued pursuant to the Local Government Bond Act of North Carolina. The maximum aggregate principal amount of such General Obligation Refunding Bonds authorized by this bond order shall be and not exceed $4,500,000. Section 3. A tax sufficient to pay the principal of and interest on said General Obligation Refunding Bonds when due shall be annually levied and collected. Section 4. A sworn statement of the District's debt has been filed with the Clerk to the Board and is open to public inspection. Section 5. This bond order shall take effect upon its adoption. After the introduction of the bond order, Commissioner McNeill introduced the following resolution, a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board of Commissioners and which was read by title: A RESOLUTION OF THE COUNTY OF HARNETI, NORTH CAROLINA, SI'ITING AS THE GOVERNING BODY OF THE SOUTHWEST WATER AND SEWER DISTRICT OF THE COUNTY OF HARNETI, NORTH CAROLINA, CALLING A PuBLIC HEARING ON THE BOND ORDER, DIRECI1NG PUBLICATION OF NOTICE OF SAID PuBLIC HEARING AND FILING OF A DEBT STATEMENT. WHEREAS, a bond order titled: "BOND ORDER AUTHORIZING THE IssUANCE OF NOT TO EXCEED $4,500,000 GENERAL OBLIGATION REFUNDING BONDS OF THE SOUTHWEST WATER AND SEWER DISTRICT OF THE COUNTY OF HARNETf, NORTH CAROLINA ~ has been introduced at a meeting of the Board of Commissioners of the County of Harnett, North Carolina (the "County''), sitting as the governing body (the "Board") of the Southwest Water and Sewer District of the County (the ilDistrict "), this 2nd day of February, 2004, and the Board desires to provide for the holding of a public hearing thereon on Monday, February 16, 2004, and the submission of a statement of debt in connection therewith as required by the Local Government Bond Act; NOW; THEREFORE, THE BOARD DOES RESOLVE AS FOLLOWS: 1. The public hearing upon said bond order shall be held on the 16th day of February, 2004 at 7:00 p.m. in the County Board of Commissioners Assembly Room, 102 East Front Street, Lil1ington, North Carolina. 2. The Clerk to the Board is hereby directed to cause a copy of the bond order to be published with a notice of such hearing in the form prescribed by law in a qualified newspaper no fewer than six days before such public hearing. 175, 176 3. The County's Finance Director, on behalf of the District, is hereby directed to file with the Clerk to the Board before publication of the bond order the notice of such public hearing, a statement setting forth the debt incurred or to be incurred., the appraised value of property subject to taxation by the District and the net debt of the District. Upon motion of Commissioner McNeill, seconded by Commissioner Andrews, the foregoing order titled: "A REsOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SfITING AS THE GOVERNING BODY OF THE SOUTHWEST WATER AND SEWER DISTRICT OF THE COUNTY OF HARNETT, NORTH CAROLINA, CALLING A PuBLIC HEARING ON THE BOND ORDER, DIRECI'lNG PUBLICATION OF NOTICE OF SAID PuBLIC HEARING AND FILING OF A DEBT STATEMENT" was adopted by the following vote: AYES: BEA1RICE B. HILL DAN B. ANDREWS WALT TITCHENER TIM McNEILL NAYS: NONE PASSED, ADOPTED AND APPROVED this 2nd day of February, 2004. STATE OF NORm CAROLINA SS: COUNfY OF lIARNETr I, Kay S. Blanchard., Clerk to the Board of Commissioners of the County of Harnett, North Carolina (the "County''), sitting as the governing body (the uBoard'') of the Southwest Water and Sewer District of the County (the "District ''), DO HEREBY CERTIFY that the foregoing is a true and exact copy of the resolutions titled "A REsOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORm CAROLINA, SI'ITING AS THE GOVERNING BODY OF THE SOUTHWEST WATER AND SEWER DISTRICf OF THE COUNTY OF HARNETT, NORm CAROLINA, MAKING CERTAIN STATEMENTS OF FACf CONCERNING PRoPOSED BoND IssUE" and "A REsOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORm CAROLINA, SITTING AS THE GoVERNING BODY OF THE SOUTHWEST WATER AND SEWER DISTRICf OF THE COUNTY OF HARNETT, NORTH CAROLINA, CALLING A PuBLIC IlEARING ON THE BOND ORDER, DIRECTING PuBLICATION OF NOTICE OF SAID PuBLIC BEARING AND FILING OF A DEBT STATEMENT," each adopted by the Board of the District in regular session convened on the 2nd day of February, 2004, as recorded in the minutes of the Board. WITNESS my hand and the seal of the County, this the 2nd day of February, 2004. (SEAL) ~~J. ~d Kay S. lanchard, Clerk to the Board ofComnusslOners County of Harnett, North Carolina CL T 748332vl ( , '-..------""y