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10211991 -.--.--- 426 HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, OCTOBER 21, 1991 The Harnett County Board of Commissioners met in regular session on Monday, October 21, 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. and Commissioner Titchener led the group in the pledge to the flag and the invocation. MINUTES APPROVED Commissioner Hudson moved for approval of the minutes of the regular meeting, October 7, 1991. Commissioner Hill seconded the motion and it passed with a unanimous vote. INDUSTRIAL DEVELOPMmn Tom Meece, Industrial Development Director, and Joe Giles, Economic BRIEFING Development Commission member, briefed the Board on County Industrial Development operations. PUBLIC HEARING AN~ Chairman Stewart called to order a public hearing on application for CONSIDERATION OF zoning change for Joseph Felton Everett, from Industrial Zoning ZONING CI~NGE APPLICA- District to RA-30 Zoning District, located in Lillington Township on nONS US 401, approximately 1.0 acres. George Jackson, Planning Director, presented the application and briefed the group that the purpose of JOSEPH FELTON EVERETT the public hearing was to obtain comments from the public concerning the zoning change application. Chairman Stewart opened the meeting for public comments. No comments were offered and Chairman Stewart closed the public hearing. Mr. Jackson presented the application for consideration by the Board. The Planning Board recommended approval of the zoning change request. Commissioner Shaw moved for approval of the zoning chan~e request. Commissioner Hill seconded the motion and it passed with a u,animous vote. DEVON & PATSY MCLEAN Chairman Stewart called to order a public hearing on application for zoning change for Devon & Patsy McLean, from RA-30 Zoning District to Industrial Zoning District, located in Black River Township on NC 210, approximately 5.8 acres. 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 zoning change application. Chairman Stewart opened the meeting for public comments. No comments were offered and Chairman Stewart closed the public hearing. Mr. Jackson presented the application for consideration by the Board. The Planning Board recommended approval of the zoning change request. Commissioner Hudson moved for approval of the zoning change request. Commissioner Shaw seconded the motion and it passed with a unanimous vote. PUBLIC HEARING AND Chairman Stewart called to order a public hearing on application for CONSIDERATION OF ROAD road renaming for Alice Doris Smith, SR 2080, located in Lillington NAHE CHANGE APPLI. Township, current name: Redbud Road, requested name: Precious Lane. George Jackson, Planning Director, presented the application and ALICE DORIS S~lITlI briefed the group that the purpose of the public hearing was to obtain comments from the public concerning the road renaming application. Chairman Stewart opened the meeting for public comments. No comments were offered and Chairman Stewart closed the public hearing. Mr. Jackson presented the application for consideration by the Board. The Plan~ing Board recommended approval of the road renaming request. Comm1ssioner Hill moved for approval of the road renaming request for Alice Doris Smith. Commissioner Titchener seconded the motion and it passed with a unanimous vote. George JaCkson, Planning Director presented for the Board's SUBDIVISION PLAT consideration a subdivision plat for Marsh Mar Subdivision, Section I, I FOR MARSH-MAR owned by Charles Marshall Johnson, 8 lots located on SR 1513 in Black River Township, RA-20R Zoning District. Commissioner Hudson moved for approval of the subdivision plat with the following requirements by the State: Lots No. 2 and 3 access restricted to Scotts Lane only. L~ts No. 7 and 8 access restricted to Ashley Drive only. Commissi~ner H111 seconded the motion and it passed with a unanimous vote. MEETINGS SCHEDULED Commissioner Shaw moved that a public meeting be scheduled Tuesday, FOR FAYETTEVILLE URBANIZED AREA November 5, 1991, from 4:00 p.m. until 7:30 p.m. at the Anderson Creek THOROUGHFARE PLAN Senior Center to inform the public of the Fayetteville Urbanized Area Thoroug~fare Plan and to receive input concerning the plan. Commiss10ner Hudson seconded the motion and it passed with a unanimous vote. - ------- - 427 Commissioner Titchener moved that a public hearing be scheduled Monday, November 18, 1991, at 7:00 p.m. in the County Office Building, Lillington, for the purpose of receiving input concerning the Fayetteville Urbanized Area Thoroughfare Plan. Commissioner Hill seconded the motion and it passed with a unanimous vote. Gayle P. Holder, Register of Deeds, presented for the Board's PURCHASE OF FAX MACHINE consideration a request to purchase a fax machine for use in the APPROVED FOR REG. OF Register of Deeds office. Commissioner Ti tchener moved for approval DEEDS of the request for purchase of a fax machine in the amount of $1,698. Commissioner Hill seconded the motion and it passed with a unanimous vote. Chairman Stewart called to order a meeting of the Harnett County Board SOUTHWEST W & S DIST. of Commissioners sitting as the governing body of the Southwest Water MEETING and Sewer District of Harnett County. ISSUANCE OF WATER BONDS John M. Phelps, II, Public Utilities Attorney, presented for the APPROVED Board's consideration proceedings authorizing the issuance of $2,619,000 water bonds of the Southwest Water and Sewer District designated as "Water Bonds, Series A". Commissioner Titchener moved for approval of the documents as presented. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The "Water Bonds, Series A" is copied in full at the end of these minutes as Attachment 1. John M. Phelps, II, Public Utilities Attorney, presented for the Board's consideration proceedings authorizing the issuance of $475,000 w~ter bonds of the Southwest Water and Sewer District desiqnated as "Water Bonds, Series B". Commissioner Shaw moved for approval of the documents as presented. Commissioner Hill seconded the motion and it passed with a unanimous vote. The "Water Bonds, Series B" is copied at the end of these minutes as Attachment 2. SOUTHWEST MEETING There being no further business, the meeting of the Harnett County ADJOURNED Board of Commissioners sitting as the governing body of Southwest Water and Sewer District duly adjourned. BRIEFING ON FUTURE Rodney M. Tart, Public Utilities Director, briefed the Board on future REQUIREMENTS OF requirments for upgrade and expansion of the Water Plant. WATER PLANT & REQUEST Rodney M. Tart, Public Utilities Director, requested authorization FOR PROPOSALS FOR STUDY APPROVED from the Board to issue a request for proposals for a water plant study. Commissioner Shaw moved for approval of the request. Commissioner Hill seconded the motion and it passed with a unanimous vote. GRANT AGREEMENT FOR Tony Wilder, Assistant County Manager, presented for the Board's AIRPORT PROJECT consideration a grant agreement with the N.C. Department of Transportation for Harnett County Airport Project No. 9.9445910. The grant in the amount of $19,250 is not to exceed 50% of the non-federal share of the final, eligible project. Commissioner Titchener moved for approval of the grant agreement. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Commissioner Titchener moved for the appointment of Mr. Jimmy Johnson, JIMMY JOHNSON P. O. Box 310, Angier, NC, to the Harnett County Emergency Services APPOINTED TO EMER. Council for a three-year term to expire July 31, 1994. Commissioner SERVICES COUNCIL Hill seconded the motion and it passed with a unanimous vote. Commissioner Shaw moved for the adoption of a Project Ordinance for PROJECT ORD. ADOPTED Brookfield Retirement, Inc. Commissioner Hudson seconded the motion FOR BROOKFIELD and it passed with a unanimous vote. The Project Ordinance is copied RETIREMENT, INC. in full at the end of these minutes as Attachment 3. GLENN JOHNSON Commissioner Titchener moved that Glenn Johnson be commended and THANKED FOR HIS thanked for his contribution in support of the "Big Sweep" cleanup CONTR I BUT ION TO operation along the Cape Fear River. The "Big Sweep" operation "BIG SWEEP" OPERATION resulted in the collection of approximately one ton of solid waste I materials. Mr. Johnson has donated the payment for the solid waste disposal fee. Commissioner Hill seconded the motion and it passed with a unanimous vote. GRANVILLE TILGHMAN Commissioner Hill moved for the appointment of Mr. Granville Tilghman, APPOINTED TO LIBRARY Dunn, NC, to the Harnett County Library Board of Trustees for a BOARD OF TRUSTEES four-year term to expire January 1, 1996. Commissioner Titchener seconded the motion and it passed with a unanimous vote. TAX RELEASES Bobby Wicker, Tax Administrator, presented a list of requested tax APPROVED releases. Commissioner Shaw moved for approval of all the requested tax releases. Commissioner Hill seconded the motion and it passed with a unanimous vote. The list of approved tax releases is copied in full at the end of these minutes as Attachment 4. ------ 428 REPORTS Reports for the month of September were filed with the Board from the Health Department, Social Services, and Planning & Inspections. A report of Intra-departmental Budget Amendments was also filed with the Board and is copied in full at the end of these minutes as Attachment 5. EX2CUTIVE SESS ION Commissioner Hill made a motion that the Board go into executive session to discuss personnel and legal matters. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Commissioner Hill made a motion that the Board come out of executive session. Commissioner Titchener seconded the motion and it passed with a unanimous vote. TWO NEW POSITIONS Commissioner Titchener moved that two new positions be approved for APPROVED FOR SOCIAL the Social Services, Protective Services operation with the SERVICES - PROTECTIVE classification of Social Worker III, 68A. Commissioner Hill seconded SERVICES the motion and it passed with a unanimous vote. Commissioner Shaw moved that one new position be approved for the ONE NEW POSITION Social SeTvices, Medicaid operation with the classification of Income APPROVED FOR MEDICAID Maintenance Case No~ker :, 61A. Commissioner Hill seconded the motion and it passed with a unanimous vote. ONE NEW POSITION Commissioner Shaw moved that one new position be approved for the APPROVED FOR WIC Health Department, Women, Infants, and Children (WIC) operation with a classification of Nutritionist I, 63A, for a period of eight months. Commissioner Hill seconded the motion and it passed with a unanimous vote. BUDGET AMENDHENTS Dallas H. Pope, County Manager, requested the following budget amendments: Health Department Code 10-7600-002 Salaries & Wages 11,792. increase 10-7600-005 FICA Tax Expense 903. increase 10-7600-006 Group Insurance Expense 1,584. increase 10-7600-007 Retirement Expense 590. increase 10-7600-033 Materials & Supplies 744. increase 10-7600-045 Contracted Services 810. increase 10-7600-046 Medical Supplies & Drugs 380. increase Rev~nue: 10-3480-019 WIC Program 16,803. increase Commissioner Titchener moved for approval of the budget amendment. Commissioner Hill seconded the motion and it passed with a unanimous vote. Tax Department Code 10-4500-074 Capital Outlay - Equipment 2,376. increase Revenue: 10-3990-000 Fund Balance Appropriated 2,376. increase Commissioner Hudson moved for approval of the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Public Assistance Code 10-7710-158 Sterilization 1,705. increase Revenue: 10-3990-000 Fund Balance Appropriated 1,705. increase Commissioner Hill moved for approval of the budget amendment. Commissioner Titchener seconded the motion and it passed with a unanimous vote. Public Utilities (Capital pro;ectsl Code 60-9017-010 Acquisition/Installation 6,927. decrease Revenue: 60-3912;-005 Northeast Water & Sewer District - SCADA 6,927. decrease Commissioner Shaw moved for approval of the budget amendment. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Public Utilities (Bunnlevel) I Code 38-9007-016 Maintenance & Repair - Equip. 15,417. decrease 38-9007-018 Treatment Cost 15,417. increase Commissioner Titchener moved for approval of the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. . Public Utilities (South Central,) Code 34-9003-073 Capital Outlay - Other Revenue: Improvements 25,000. increase 34-3990-003 Unappropriated Fund Bal. South Central 25,000. increase Commissioner Shaw moved for approval of the budget amendment. Commissioner Hudson seconded the motion and it passed with a unanimous " vote. -.-- -- 429 Public utilities (Bunnlevel/Riverside) 5,630. decrease Code 85-4150-001 Construction 85-4150-002 McDonald Plumbing 31,769. increase 85-4150-080 Contingency 26,139. decrease Commissioner Hudson moved for approval of the budget ~mendment.. Commissioner Shaw seconded the motion and it passed w1th a unan1mous I vote. Public utilities (Industrial Buildinq Renovation) Code 65-9019-001 Construction 5,824. increase 65-9019-080 Contingency 5,824. decrease Commissioner Titchener moved for approval of the budget amendme~t. Commissioner Hill seconded the motion and it passed with a unan1mous vote. Interfund Transfers 30,000. increase Code 10-8701-169 Brookfield Project Revenue: 10-3990-000 Fund Balance Appropriated 30,000. increase Commissioner Titchener moved for'approval of the budget amendme~t. Commissioner Shaw seconded the motion and it passed with a unan1mous vote. Social Services Code 10-7700-002 Salaries & Wages 33,084. increase 10-7700-005 FICA Tax Expense 2,532. increase 10-7700-006 Group Insurance Expense 3,960. increase 10-7700-007 Retirement Expense 1,655. increase Revenue: 10-3480-001 Social Services - Admin. 34,396. increase 10-3990-000 Fund Balance Appropriated 6,835. increase Commissioner Hudson moved for approval of the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. PROJECT ORDINANCE Commissioner Shaw moved for adoption of a Project Ordinance for a ADOPTED FOR WATER- waterline relocation project on SR 1403. Commissioner Hill seconded LINE RELOCATION the motion and it passed with a unanimous vote. The Project Ordinance PROJECT ON SR 1403 is copied in full at the end of these minutes as Attachment 6. Commissioner Hill moved for adoption of a Resolution Authorizing RESOLUTION RE: Execution of Agreement with David M. Griffith & Associates, Ltd. , AGREEMENT WITH to provide human resource management services to Harnett County. DMG FOR PERSONNEL Commissioner Hudson seconded the motion and it passed with a unanimous STUDY vote. The resolution is copied in full at the end of these minutes as Attachment 7. Commissioner Shaw moved that the engineering service agreement between ENGINEERING SERVICE County of Harnett and Marziano & Minier, P.A. for engineering services AGREEMENT WITH for the Brookfield wastewater project be approved. Commissioner MARZIANO & MINIER Hudson seconded the motion and it passed with a unanimous vote. FOR BROOKFIELD PROJ, There being no further business, the Harnett County Board of Commissioners meeting of October 21, 1991, duly adjourned at 11:00 ADJOURNMENT p.m. it~St!?ar&d 1C~~.~ Vanessa W. Young, Clerk 0 the oard ~/ , /lJfL!rl t~it I!lUi Kay S Blanchard, Recording Secretary - - 430 ATTACHMENT 1. SERIES A EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS, SITTI~G AS THE GOVERNING BODY OF SOUTHWEST l"1l>..TER 1l.ND SEWER DISTRICT OF HARNETT COUNTY * ." ." ." Commissioner Titchener presented the following resolutivn and moved that it be adopted: WHEREAS, the bond order hereinafter described has taken effect and the Board of Commissioners of the County of Harnett, sitting as the governing body of southwest Water and Sewer District of Harnett county, North Carolina (the "Issuer"), desires to make provision for the issuance of bonds authorized by said bond or1eri and WHEREAS, the Board of commissioners of the County of Harnett, sitting as the governing body of the Issuer, desires to sell the bonds at private sale without advertisement: and WHEREAS, the Board of Commissioners of the County of Harnett, sitting as the governing body of the Issuer, desires to sall the bonds at a rate of interest not exceeding 5.875% per an:iI;lf. ; a.nd ;, WHEREAS, the Board of Commissioners of the County of Harnett, sitting as the governing body of the Issuer, has been informed of Farmers Home Administration's undertaking to purchase the bonds at the rate of 5.875% per annum, NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett, sitting as the governing body of the Issuer, as follows: (1) The Issuer shall issue its bonds of the aggregate principal amount of $2,619,000 pursuant to and in accordance with the water bond order adopted by the Board of Commissioners of the County of Harnett, sitting as the governing body of the Issuer, I on March 6, 1989. The bonds shall be designated "Water Bonds, Series A." The period of UE,(C';,.:lnr.,j,!H: '..C t;htl cap.ltal project to be fin_nced by the issuance nf the bonds is a peri~d of forty years compu~.ed from tL<.l date of the bonds. (2) The bonds shall be issuable in the denomination of $500 or any integral multiple thereof, shall be numbered so as to uniquely designate each bond and such numbering shall be in ac- cordance with the system of the hereinafter designated bond registrar of the Issuer and shall be payable in annual installments on June 1 as follo~3: -- 431 Principal principal principal Year Amount: Year Amount Year Amount 1994 $25,000 2007 $51,500 2020 $100,000 1995 26,000 2008 54,500 2021 100,000 1996 27,500 2009 57,500 2022 100,000 1997 29,000 2010 61,000 2023 100,000 1998 30,500 2011 64,500 2024 100,000 1999 32,500 2012 68,500 2025 100,000 2000 34,500 2013 72,500 2026 100,000 2001 36,500 2014 76,500 2027 100,000 2002 38,500 2015 81,000 2028 100,000 2003 41,000 2016 86,000 2029 100,000 2004 43,000 2017 91,000 2030 100,000 2005 46,000 2018 96,000 2031 100,000 2006 48,500 2019 100,000 (3 ) The bonds shall be dated June 1, 1991 (unless awarded to the United States of America in which case the bonds shall be dated as of the date of delivery thereof), and shall bear interest from their date until they shall mature at a rate or rates which shall be hereinafter determined provided the net interest cost to the Issuer shall not exceed 5.875% per annum. Such interest shall be payable semi-annually on June 1 and December 1 in each year; provided, however, that if any bonds shall be purchased by the United states of America, the interest on such bonds to the maturity thereof shall be payable on June 1, 1992 and annually thereafter of the 1st day of June of each year. (4 ) The bonds shall be issued as fully registered bonds without coupons in the denomination of $500 each or any integral multiple thereof (the "Multiple Bonds"), or, at the option of the purchaser, as a single fully registered bond without coupons in the denomination of $2,619,000 (the "Single Bond") payabla in installments. If issued as Multiple Bonds, the bonds shall bear the facsimile signatures of the Chairman of the governing body of the Issuer and the Clerk of the Issuer and a facsimile of the corporate seal of the Issuer and the Certificate of Approval of the Local Government Commission shall bear a facsimile signature of the Secretary of said Commission. If issued as a Single Bond, the bonds shall be signed by the Chairman of the governing body of the Issuer and the Clerk of the Issuer, the corporate seal of the Issuer shall be impressed thereon and the Certificate of Approval of the Local Government Commission shall be signed by a designated assistant of said Commission. Interest on the bonds shall be paid by check by the Issuer or a paying agent to be designated by the Board of Commissioners of the governing body of the Issuer (the "paying Agent") and mailed ~o the registered owner of record as of 15 days prior to the interest payment date at his address as it appears on the bond registry books of the Paying Agent. I Principal of the bonds shall be paid by check by the paying Agent upon presentation of the bonds for payment. (5 ) At the option of the purchaser of the bonds, the Issuer may issue, in lieu of the Multiple Bonds, a Single Bond without coupons bearing interest at the same rate or rates as the Multiple Bonds. The Single Bond shall be of the denomination of $2,619,000 shall be numbered R-l and shall be payable in installments on June 1 in years and amounts as set forth with - 432 ~ respect to the Multiple Bonds. Within ninety days after the receipt by the Issuer of the written request of the registered owner of the Single Bond, the Issuer will, at its own expense, prepare and execute Multiple Bonds in the form hereinafter set forth, of type, composition and printed on paper of customary weight and strength, in an aggregate principal amount equal to the unpaid principal amoun~ of the Single Bond, and having maturities corresponding to the principal installments of the Single Bon~ then unpaid: and the Issuer will cause the Multiple Bonds to be presented to the transfer agent to be designated by the Issuer (the "Transfer Agent") for endorsement and for dating the authentication blank thereon and for delivery to the registered owner of the Single Bond upon surrender and cancellation of the Single Bond. (6) The Single Bond purchased by the United States of America shall be payable in installments without presentation at the National Finance Office of the Farmers Home Administration, St. Louis, Missouri. (7) So long as the bonds are held or insured by the United states of America, Farmers Home Administration, the principal ti"lereCi. T.:af be. ~re;?aicA 1;-. whole or in part without pre- mium at any ~ime ia inverse order of maturity. (8) The bonds maturing on and after June 1, 2002 shall be subject to redemption prior to their stated maturities at the option of the Issuer on or after June 1, 2001, in whole at any time or in part on any interest payment date, at a redemption price equal to the principal amount of each bond to be redeemed together with accrued interest thereon to the redemption date plus a redemption premium of one-half of one percent (1/2 of 1%) of the principal amount of each bond to be redeemed for each period of twelve months or part thereof between the redemption date and the maturity date of each bond to be redeemed, provided that such premium shall not exceed two percent (2%) of such principal amount. If less than all of the bonds of any maturity are cal:e~ fo~ redem)~~c~, ~~~ bonds to be redeemed shall be : selected by '..:':1s :-:s&.:-"r L) ~....c":1 m.a,'n~:t:' as it may determine. If less ~han all of the bond& of different maturities are called for redemption, the bonds to be redeemed shall be called in the inverse order of their maturities. If less than all of the principal amount of a single bond is to be redeemed, the Issuer shal1 exchange a bond of the denomination representing the portion of the bond not redeemed to the registered owner in exchange for the bond a portion of which is to be redeemed. Whenever the Issuer shall elect to redeem bonds, notice of such I redemption of bonds, stating the redemption date, redemption price and identifying the bonds or portions thereof to be re- deemed by reference to their numbers and further stating that on such redemption date there shall become due and payable upon each bond o~ portions there~f so to be redeemed, the principal tt.,,- reto;: , radell\;?tio::' :_;;'el;,'~um anC: interest accrued to the rec..a>:..:,.:.:.,J,. ~a...!: a.rd 'i.:~'"L\'; from ar.d after such date interest thereon sha::I cease 't.' accrue, shall be given not less than 30 ;:> .. 433 days nor more than 45 days prior to the redemption date in writing to the registered owners, by pre-paid first-class mail, at their addresses as such addresses appear on the records of the Transfer Agent, as bond registrar, but any failure in respect of such mailing will not affect the validity of the redemption. (9) The Multiple Bonds and the provisions for the reg- istration thereof, for the approval of the Multiple Bonds by the Secretary of the Local Government Commission, and for authentica- tion of the Multiple Bonds by the Transfer Agent shall be in substantially the following form: (Form of Multiple Bonds) No. R- $ UNITED STATES OF AMERICA STATE OF NORTH CAROLINA r SOUTHWEST WATER AND SEWER )ISTRICT OF HARNETT COUNTY WATER BOND, SERIES ~ ] lATE OF INTEREST IIRIGINAL VoTE MATURITY :,SSUE .rune 1, 1991 REGISTERED OWNER: PRINCIPAL SOH: DO LLARS ' The Southwest Water and Sewer District of Harnett County (hereinafter referred to as the "District"), a county water and sewer district of the State of North Carolina, acknowledges itself indebted and for value received hereby promises to pay to the registered owner named above on the date specified above, upon the surrender hereof, the principal sum shown above and to pay to the registered owner hereof interest thereon from the date of this bond until it shall mature at the rate per annum as specified above, payable semi-annually on June 1 and December 1 of each year. Principal of this bond is payable by check by First-citizens Bank & Trust Company, in Raleigh, North Carolina, as paying agent, or by the duly appointed alternate or successor paying agent (the "paying Agent"), in such coin or currency of the United States of America as at the time of payment shall be legal tender for payment of public and private debts. Interest on this bond is payable by check by the Paying Agent mailed to the registered owner hereof at his address as it appears on the bond registry books of First-Citizens Bank & Trust Company, in Raleigh, North Carolina, as transfer agent (the "Transfer Agent") , at the close of business on the ~ifteenth day of the calendar month (whether or not a business d~yj) next preceding each interest payment date'. This bond is transferable by the registered owner hereof or his duly authorized attorney at the principal office of the Transfer Agent, upon surrender of this bond, accompanied by a duly executed instrument of transfer in form and with guaran~y of signature satisfactory to the Transfer Agent, and upon payment of any taxes or other governmental charges incident to such transfer. Upon any such transfer a new registered bond without coupons of the same maturity and in the same aggregate principal amount will be issued to the transferee. The person in whose name this bond is registered shall be deemed the owner hereof for all purposes, and the District and the Transfer Agent shall not be affected by any notice to the contrary. 434 This bond is issued in accordance with the Registered Public Obligations Act, Chapter 159E of the General statutes of North Carolina, and pursuant to The Local Government Finance Act, Chapter 159 of said General statutes, and a bond order adopted by the Board of Commissioners of the County of Harnett, sitting as the governing body of the District, on March 6, 1989 to pay capital costs of providing water facilities for the District. The issuance of this bond and the contracting of the indebtedness evidence thereby were approved by a majority of the qualified voters of the District voting at an election held on April 25, 1989. The bonds matur~ng on and after June 1, 2002 shall be subjec~ to redemption prior to their stated maturities at the option of the District on or after June 1, 2001, in whole at any time or in part on any interest payment date, at a redemption price equal to the principal amount of each bond to be redeemed together with accrued interest thereon to the redemption date plus a redemption premium of one-half of one percent (1/2 of 1%) of the principal amount of each bond to be redeemed for each period of twelve months or part thereof between the redemption date and the maturity date of each bond to be redeemed, provided that such premium shall not exceed two percent of such principal amount. If less than all of the bonds of any maturity are called for redemption, the bonds to be redeemed shall be selected by the District in suc~ manne~ as it may determine. If less than all of the bonds ~f ~iffeLant maturities are called for redemption, the bonds to b~ recleamed shell be called in the inverse order of their maturities. If less than all of the principal amount of a single bond is to be redeemed, the District shall exchange a bond of the denomination representing the portion of the bond not redeemed to the registered owner in exchange for the bond, a portion of which is to be redeemed. Whenever the Distr1ct shall elect to redeem bonds, notice of such redemption of bonds, stating the redemption date, redemption price and identifying the bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there shall become due and payable upon each bond or portion thereof so to be redeemed, the principal thereof, redemption premium and interest accrued to the redemption date and that from and after such date interesc thereon shall cease to accrue, shall be given not less than 30 days nor more than 45 days prior to the redemption date in writing to the registered owners, by pre-paid first-class mail, at their addresses as such addresses appear on the records of the Transfer Agent, but any failure in respect of such mailing will not affect the validity of the redemption. I It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of North Carolina to exist, be performed or happen precedent to or in the issuance of this bond, exist, have been performed and have happened, and that the amount of this bond, together with all indebtedness of the District, is within every debt and other limitation prescribed by said Constitution or statutes. The faith and credit of the District are hereby 435 pledged to the punctual payment of the principal of and interest on this bond in accordance with its terms. This bond shall not, be valid or become obligatory for any purpose until the certifications hereon shall have been signed by authorized representatives of the Local Government Commission of North Carolina and the Transfer Agent. IN WITNESS WHEREOF, the District has caused this bond to bear the facsimile signatures of the Chairman of the governing body of the District and the Clerk of the District and a facsimile of the corporate seal of the District to be imprinted hereon, and this bond to be dated June 1, 1991. (facsimile sianature\ Chairman, governing body of Southwest Water and Sewer District of Harnett County (DISTRICT) (SEAL) (facsimile sianature' Clerk, Southwest Water and Sewer District of Harnett county TRANSFER AGENT'S CERTIFICATE OF AUTHENTICATION T~is bond is one of the bonds of the issue designated herein and issued under the within-mentioned bond order. FIRST-CITIZENS BANK , TRUST COMPANY BY: Authorized signatory Date of Authentication: CERTZFICATE OF LOCAL GOVERNMENT COMMISSION The issue hereof has been approved under the provisions of The Local Government Bond Act. (facsimile sianature\ Secretary of the Local Government Commission ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within bond and irrevocably appoints , attorney-in-fact, to transfer the within bond on the books kept for registration thereof, with full power of substitu- tion in the premises. Date: NOTICE: The signature to this Signature Guaranteed: assignment must correspond with the name as it appears upon the face of the within bond in every particular, with- out any al~eration whatsoever. (10) The Single Bond, the provisions for entry of pay- ments of principal and interest with respect thereto, for assign- ment thereof and for approval thereof by the Secretary of the Lo- cal Government commission to be endorsed thereon shall be in substantially the following form: 436 (form of Single Bond) UNITED STATES OF AMERICA STATE OF NORTH CAROLINA SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY WATER BOND, SERIES A R-l $2,619,000 The Southwest Water and Sewer District of Harnett County (hereinafter called the "District"), a county water and sewer district of the State of North Carolina, acknowledges itself indebted and for value received, hereby promises to pay to the UNITED STATES OF AMERICA, FARMERS HOME ADMINISTRATION, or its ~e~~steree. assi;ns (baraL, cc:,lled "Payee"), the principal sum of $::-,61S,QOO 0'7' ~,':1:=. ':.,':;':;' (,c'{ _:: .:iune in y~s:;:s and installments, as fo11o",;" ~ :....:-ii'i.c.i~&l principd principal Year Amouni: Y~a...L' Amount Year Amount 1994 $25,000 2007 $51,500 2020 $100,000 1995 26,0.00 2008 54,500 2021 100,000 1996 27,500 2009 57,500 2022 100,000 1997 29,000 2010 61,000 2023 100,000 1998 30,500 2011 64,500 2024 100,000 1999 32,500 2012 68,500 2025 100,000 2000 34,500 2013 72,500 2026 100,000 2001 36,500 2014 76,500 2027 100,000 2002 38,500 2015 81,000 2028 100,000 2003 41,000 2016 86,000 2029 100,000 2004 43,000 2017 91,000 2030 100,000 2005 46,000 2018 96,000 2031 100,000 2006 48,500 2019 100,000 in such coin or currency of the United States of America as at the time of payment shall be legal tender for the payment of debts due the United States of America, and to pay interest on L~1e balance of .;z,;;'ci ~;CL1Ci ,la::. !"L;"l from time to time remaining l;~", :.n: ::.. f. r. il~ :. :..:{.~ qc;:~ ,..,;:" ~...1.:.::' ::-::. .,::,;y, ~t tae rate of five and eight hundred s~venty'liv~ thou~a~d~hs per centum (5.875%) per annum on June 1, 1992, and annually thereafter on June 1 of each year, until the princ'ipal amount here'of ha~ been paid. Payments of the installments of principal and interest then due and payable on this bond without presentation or surren- der hereof shall be made at the National Finance Office of the Farmers Home Administration, st. Louis, Missouri. Upon receipt of said payments of principal and interest, written notice of the receipt thereof shall be given promptly to the District and the District shall be fully discharged of the obligation on this bond to the extent of the payment so made. Upon final payment of principz,l and intf::;ref;;'l:, this bond shall be surrendered to the uistric..t;: for ca.,,:ce::p:;:ic.,', ,.,". ;.. ..... - '-..,,'" . ",,", :,: (",..~~~;;::l,;.:,;~ wi ~h the Registered .,.,'~..J'.';'" ....,"~'J ':'""i . .t-..- ....',', PUbl.i.c '::JU .:::!:;'ci_:::.l Act..;, ~~~~~~~ ~~;Z ~: ~he General statutes of North Ca.rolina, and pursuant to The Local Government Finance Act, Chapter 159 of said General Statutes, and a bond order adopted by the Board of Commissioners of the County of Harnett, sitting as the governing body of the District, on March 6, 1989 to pay capital costs of providing water facilities for the District. 437 The issuance of this bond and the contracting of the indebtedness evidenced thereby were approved by a majority of the qualified voters of the District voting at an election held on April 25, 1989. This bond is exchangeable at the sole expense of the District at any time, upon ninety days' notice, at the request ~f the registered owner hereof and upon surrender of this bond ,to the District, for fully registered bonds, in the denomination of $500 each or any integral multiple thereof, in an aggregate principal amount equal to the unpaid principal amount of this bond and 1n the form of such fully registered multiple bonds as is provided for in the resolution authorizing the issuance of the bonds. This bond may be assigned and upon such assignment the assignor shall promptly notify the District by registered mail, and the assignee shall surrender the same to the District for transfer on the registration records, or in exchange for fully. registered bonds in the denomination of $500 each or any integral multiple thereof, in an aggregate pr~ncipal amount equal to the unpaid principal amount of such single registered bond and bearing maturities corresponding to the principal installments on such single registered bond then unpaid, and every such assignee shall take this bond subject to such condition. So lon~ as this bond is held or insured by the united states of America, Farmers Home Administration, the principal in- stallments hereof may be prepaid in whole or in part at any time in inverse order of maturity. It is hereby certified and recited that all conditions, acts and things required by the constitution or statutes of the state of North Carolina to exist, be performed or happen precedent to or in the issuance of this bond, exist, have been performed and nave happened, and that this bond is within every limitation prescribed by said Constitution or statutes. The faith and credit of the District are hereby pledged to the punctual payment of the principal of and interest on this bond in accordance with its terms. IN WITNESS WHEREOF, the District has caused this bond to be signed by the Chairman of the governing body of the District and the Clerk of t~e District and sealed with the corporate seal of the District and this bond to be dated . Chairman, governing body of the Southwest Water and Sewer District of . (DISTRICT) Harnett County (SEAL) Clerk, Southwest Water and Sewer District of Harnett county CERTIFICATE OF LOCAL GOVERNMENT COMMISSION The issuance of the within bond has been approved under the provisions of The Local Government Bond Act. Secretary of the Local Government Commission By: Designated Assistant 438 'P1\.YMEST RECORD Name of 2rin~i;al Interest paying Agent, crin~ipa1 Bal~nce payment Date 1\.uthorized Due Data Pavme~t Due fS.87S%l paid Off. , Title June 1, 1992 June 1, 1993 June 1, 1994 S 25.000 June 1, 1995 26.000 June 1, 1996 27.500 June 1, 1997 29.000 June 1, 1998 30.500 June 1, 1999 32.500 June 1, 2000 34.5QO June 1, 2001 36.500 June 1, 2002 38.500 June 1, 2003 41.000 June 1, 2004 43.000 June 1, 2005 46.000 June 1, 2006 48.500 June 1, 2007 51.500 June 1, 2008 54.500 June 1, 2009 57.500 June 1, 2010 61.000 June 1, 2011 64.500 June 1, 201? 63.500 June 1, 2013 7_i500 June 1, 2014 "/6.500 June I, 2015 81.000 June 1, 2016 86.000 June 1, 2017 91.060 June 1, 2018 96.000 June 1, 2019 100.000 June I, 2020 100.000 June 1, 2021 100.000 June I, 2022 100.000 June I, 2023 100.000 June I, 2024 100.000 June I, 2025 100.000 June 1, 2026 100.000 June I, 2027 100.000 June 1, 2028 100.000 June 1, 2029 100.000 June 1, 2030 100.000 June 1, 2031 100.000 SCHEDULE "A" Principal installments on which payments have been made prior to ~aturit~~_ ~ Name of paying L'r",:';' ,~.~;"\~ i~'j.. Agen t, 1\.uthorized . l:~:, . a~Ci.i.!~ ' Off. , ._^'_ OC""~"'=" I ~-._~.,.,... I "'~l"nce Date pai" Title ~,,""~',,~.iO( .,,-,~>J);-...',,,.... ~ '~~a~" ".,oL. . p~ c.... y i : . I I I t I ! ! i i i : j I r I I I I i ; : I ~ ~ i I . I l ~ ! : i i i ... I I I - ". -.-1 ~ I I I __~-'-_200. ....__ _, _ __ "-_ .____ 1 . I I I ~ ~ ~ i i I I j ! . i ~ ; ~ i j ~ i 439 (Form of Assignment) For value received the Payee named in the within Bond hereby sells, assigns and transfers said Bond unto I DATE (11) Actions taken or to be taken by officials of the Issuer to select paying and transfer agents, and a bond registrar, or alternate or successor agents and registrars pursuant to section 159E-8 of the Registered Public Obligations Act, Chap~er ~59E of the General statutes of North Carolina, are ,lereby authorized and approved. (12) The bonds shall be sold to the Farmers Home Administration at private sale without advertisement in the form of a single registered bond bearing interest at the rate of 5.875% per annum, provided that the Local Government Commission shall determine that such price is in the best interest of the Issuer. (13) The Chairman of the governing body of the Issuer and the Clerk of the Issuer are hereby authorized and directed to cause the bonds to be prepared and, when they shall have been duly sold by the Local Government Commission, to execute the bonds and to turn the bonds over to the state Treasurer of North Carolina or to the Transfer Agent for delivery to the purchaser or purchasers to whom the bonds may be sold by said Commission. (14) The !ssuer covenants to comply with the provisions of the Intern&l Revenue Code of 1986, as amended (the "Code" l , to the extent required to preserve the exclusion from gross income of interest on the bonds for Federal income tax purposes. (15) The Issuer hereby represents that ( i) the proposed $2,619,000 Water Bonds, Series A, are not private activity bonds as defined in the Code and (iil the Issuer, together with any subordinate entities of the Issuer and any entities which issue obligations on behalf of the Issuer, reasonably expects that it will not issue cumulatively more than $10,000,00q of tax-exempt obligations (other than private activity bonds which are not qualified 501 (c) (3) bonds) during the current calendar year. In addition, the Issuer hereby designates the above-mentioned bonds as "c;ualified ':ax-exempt obligations" for the purposes of Section 265(b) (3) of the Code. (.1.6) The power to make any election on behalf of the Issuer with respect to the arbitrage rebate provisions of the Code applicable to the bonds is hereby delegated to the Chairman of the governing body of the Issuer and the Clerk of the Issuer. The motion having been duly seconded, and the resolution having been considered, it was adopted. The vote on the adoption of the resolution was as follows: AYES: 5 NAYS: 0 * * * * * - 440 A.TTA.CIIHENT 2. SERIES B EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS, SITTING AS THE GOVERNING BODY OF SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY * '" * * Co~nissioner Shaw presented the followi'flg: ::esolu~ion and moved tha'i: it be adopted: WHEREAS, the bond order hereinafter described has taken effect and the Board of Commissioners of the County of Harnett, sitting as the governing body of Southwest Water and Sewer District of Harnett County, North carolina (the "Issuer"), desires to make provision for the issuance of bonds authorized by said bond order; and WHEREAS, the Board of Commissioners of the County of Harnett, sitting as the governing body of the Issuer, desires to sell the bonds at private sale without advertisement; and , WHEREAS, the Board of Commissioners of the county of Harnett, sitting as the governing body of the Issuer, desires to , sell the bonds at a rate of interest not exceeding 5.875% per a::mum; 2l.nc. *1~~~,~~.s ; ~~g 30ard of Commissioners of the County of Harnet.t, si~t.ing &s thE governing body of the Issuer, has been informed of Farmers Home Administration's undertaking to purchase the bonds at the rate of 5.875% per annum, NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett, sitting as the governing body of the Issuer, as follows: (1) The Issuer shall issue its bonds of the aggregate principal amount of $475,000 pursuant to and in accordance with the water bond order adopted by the Board of commissioners of the County of Harnett, sitting as the governing body of the Issuer, on March 6, 1989. The bonds shall be designated "Water Bonds, Series B." The period of usefulness of the capital project to be financed by the issuance of the bonds is a period of forty years comput~d from the date of the bonds. (:.!) The bonds shall be issuable in the denomination of $500 or any integral multiple thereof, shall be numbered 50 as to uniquely designate each bond and such numbering shall be in ac- cordance with the system of the hereinafter designated bond registrar ~ the Issuer and shall be payable in annual installments on June 1 as follows: 441 Principal principal principal Year Amount Year Amount Year . Amount 1994 $ 5,000 2007 $ 9,000 2019 $18,000 1995 5,000 2008 10,000 2020 19,500 1996 5,000 2009 10,500 2021 20,000 1997 5,000 2010 11,000 2022 20,000 1998 5,500 2011 11,500 2023 20,000 1999 6,000 2012 12,000 2024 20,000 I 2000 6,000 2013 13,000 2025 20,000 2001 6,500 2014 13,500 2026 20,000 2002 7,000 2015 14,500 2027 20,000 2003 7,500 2016 15,500 2028 20,000 2004 8,000 2017 16,500 2029 20,000 2005 8,500 2018 17,000 2030 20,000 2006 8,500 (3 ) The bonds shall be dated June 1, 1991 (unless awarded to the United states of America in which case the bonds shall be dated as of the date of delivery thereof), and shall bear interest from their date until they shall mature at a rate or rates which shall be hereinafter determined provided the net interest cost to the Issuer shall not exceed 5.875% per annum. Such interest shall be payable semi-annually on June 1 and December 1 in each year; provided, however, that if any bonds shall be purchased by the United states of America, the interest on such bonds to the maturity thereof shall be payable on June 1, 1992 and annually thereafter of the 1st day'of June of each year. (4 ) The bonds shall be issued as fully registered bonds without coupons in the denomination of $500 each or any integral multiple thereof (the "Multiple Bonds"), or, at the option of the purchaser, as a single fully registered bond without coupons in the denomination of $475,000 (the "Single Bond" ) payable in installments. If issued as Multiple Bonds, the bonds shall bear the facsimile signatures of the Chairman of the governing body of the Issuer and the Clerk of the Issuer and a facsimile of the corporate seal of the Issuer and the Certificate of Approval of the Local Government Commission shall bear a facsimile signature of the Secretary of said Commission. If issued as a Single Bond, the bonds shall be signed by the Chairman of the governing body of the Issuer and the Clerk of the Issuer, the corporate seal of the Issuer shall be impressed thereon and the Certificate of Approval of the Local Government Commission shall be signed by a designated assistant of said Commission. Interest on the bonds shall be paid by check by the Issuer or a paying agent to be designated by the Board of Commissioners of the governing body of the Issuer (the "Paying Agent" ) and mailed to the registered owner of record as of 15 days prior to the interest payment date at his address as it appears on the bond registry books of the paying Agent. Principal of the bonds shall be paid by check by the Paying Agent upon presentation of the bonds for payment. (5) At the option of the purchaser of the bonds, the Issuer may issue, in lieu of the Multiple Bonds, a Single Bond without coupons bearing interest at the. same rate or rates as the MUltiple Bonds. The single Bond shall be of the denomination of $475,000 shall be numbered R-1 and shall be payable in installments on June 1 in years and amounts as set forth with respect to the Multiple Bonds. Within ninety days after the receipt by the Issuer of the written request of the registered owner of the Single Bond, the Issuer will, at its own expense, ,; 442 prepare and execute Multiple Bonds in the form hereinafter set forth, of type, composition and printed on paper of customary weight and strength, in an aggregate principal amount equal to the unpaid principal amount of the Single Bond, and having maturities corresponding to the principal installments of the I Single Bond then unpaid: and the Issuer will cause the Multiple Bonds to be presented to the transfer agent to be designated by the Issuer (the "Transfer Agent~) for endorsement and for dating the aut~entication ~la~k thereon and for delivery to the registe>:ed "nmar: 0:;: ';;:',_ 3in;1e Bond upon surrender and cancellat~vH of ~ne Single Bond. (6) ~he single Bond purchased by the united states of America sh~ll be payable in installments without presentation at the National Finance Office of the Farmers Home Administration, st. Louis, Missouri. (7) So long as the bonds are held or insured by the United States of America, Farmers Home Administration, the principal thereon may be prepaid in whole or in part without pre- mium at any time in inverse order of maturity. (8) The bonds maturing on and after June 1, 2002 shall be subject to redemption prior to their stated maturities at the option of the Issuer on or after June 1, 2001, in whole at any tin.a u:C in pa.:o'\:. on any interes't pa.yment date, at a redemption p. ~ic~ e;;tlia~. t.t;. tr.c j;;l:.'i: c::.1JCtl amou~.~ 0::: each bond to be redeemed to-;,'et:~er 'w:",~;1 a-::cr..ac' ~nterest thereon '\:.0 the redemption date plus a ~~ce~tio~ premium 01 one-half of one percent (1/2 of 1%) of the principal amount of each bond to be redeemed for each period of twelve months or part thereof between the redemption date and the maturity date of each bond to be redeemed, provided that such premium shall not exceed two percent (2%) of such principal amount. If less than all of the bonds of any maturity are called for redemption, the bonds to be redeemed shall be selected by the Issuer in such manner as it may determine. If less than all of the bonds of different maturities are called for redemption, the bonds to be redeemed shall be called in the inverse order of their maturities. If less than all of the pri~ci?al amount of a single bond is to be redeemed, the Issuer sh~~: ~xchauge a ~~n~ 01 the denomi~ation representing the portion 0: the ~ond oot redeemed to the registered owner in exchange for the bond a po~tion of which is to be redeemed. Whenever the Issuer shall elect to redeem bonds, notice of such redemption of bonds, stating the redemption date, redemption price and identifying the bonds or portions thereof to be re- deemed by reference to their numbers and further stating that on such redemption date there shall become due and payable upon each bond or portions thereof so to be redeemed, the principal thereof, redemption premium and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue, shall be given not less than 30 days nor more than 45 days prior to the redemption date in writing to the registered owners, by pre-paid first-class mail, ~{~ 'i.:.;,.:.~:..' ac.c.::ass~o:l ~Ji such ac.dl:esses appear on the records of the "j::t,S./~~f.bi:~" :~0~!"..<~~' ~~ ~~~~ l~~i3t~art but any failure in respect of S1..'.c..~~ :1...::':U.ng will not affect the validH:y of the redemption. 443 (9) The Multiple Bonds and the provisions for the reg- istration thereof, for the approval of the MUltiple Bonds by the Secretary of the Local Government Commission, and for authentica- tion of the Multiple Bonds by the Transfer Agent shall.be in substantially the following form: I (Form of Multiple Bonds) No. R- $ UNITED STATES OF AMERICA STATE OF NORTH CAROLINA SOUTHWEST WATER AND SEWER DIS~RICT OF HARNETT COUNTY WATER BOND, SERIES B DATE OF INTEREST OR1:GINAL RATE MATURITY ISSUE June 1, 1991 REGISTERED OWNER: PRINCIPAL SUK: DOLLARS The Southwest Water and Sewer District of Harnett County (hereinafter referred to as the "District"), a county water and sewer district of the State of North Carolina, acknowledges itself indebted and for value received hereby promises to pay to the registered owner named above on the date specified above, upon the surrender hereof, the principal sum shown above and to pay to the registered owner hereof interest thereon from the date of this bond until it shall mature at the rate per annum as specified above, payable semi-annually on June 1 and December 1 of each year. Principal of this bond is payable by check by First-Citizens Bank & Trust Company, in Raleigh, North carolina, as paying agent, or by the duly appointed alternate or successor paying agent (the "Paying Agent"), in such coin or currency of the United States of America as at the time of payment shall be legal tender for payment of public and private debts. Interest on this bond is payable by check by the Paying Agent mailed to the registered owner hereof at his address as it appears on the bond registry books of First-Citizens Bank & Trust Company, in Raleigh, North Carolina, as transfer agent (the "Transfer Agen~"), at the close of business on the fifteenth day of the calendar month (whether or not a business day) next preceding each interest payment date. This bond is transferable by the registered owner hereof or his duly authorized attorney at the principal office of the Transfer Agent, upon surrender of this bond, accompanied by a duly executed instrument of transfer in 'form and with guaranty of signature satisfactory to the Transfer Agent, and upon payment of any taxes or other I governmental charges incident to such transfer. Upon any such transfer a new registered bond without coupons of the same maturity and in the same aggregate principal amount will be issued to the transferee. The person in whose name this bond is registered shall be deemed the owner hereof for all purposes, and the Dis'l:ric'c c..ld the Transfer Agent shall not be affected by any notice to the contrary. This bond is issued in accordance with the Registered Public Obligations Act, c~apter 159E of the General Statutes of North Carolina, and pursuant to The Local Government Finance Act, . , . ~-~ ~ ~~ ."" ~-_.- ......w ......._--.- . -. .--_. -"",- 444 Chapter 159 of said General Statutes, and a bond order adopted by the Board of Commissioners of the county of Harnett, sitting as the governing body of the District, on March 6, 1989 to pay capital costs of providing water facilities for the District. I The issuance of this bond and the contracting of the indebtedness evidence thereby were approved by a majority of the qualified voters of the District voting at an election held on April 25, 1989. The bonds maturing on and after June 1, 2002 shall be subject to redemption prior to their stated maturities at the option of the District on or after June 1, 2001, in whole at any time or in part on any interest payment date, at a redemption price equal to the p~incipal amount of each bond to be redeemed together with accrued interest thereon to the redemption date plus a redemption premium of one-half of one percent (1/2 of 1%) of the principal amount of each bond to be redeemed for each period of twelve months or part thereof between the redemption date and the maturity date of each bond to be redeemed, provided that such premium shall not exceed two percent of such principal amount. If less than all of the bonds of any maturity are called for redemption, the bonds to be redeemed shall be selected by the District in such manner as it may determine. If less than all of the bonds of different maturities are called for redemption, the bonds to be redeemed shall be called in the inverse order of their maturities. Xf less tnan all of the principal amount of a single bond is to be redeemed, the District shall exchange a bond of the denomination representing the portion of the bond not redeemed to the registered owner in exchange for the bond, a portion of which is to be redeemed. Whenever the District shall elect to redeem bonds,. notice of such redemption of bonds, stating the redemption date, redemption price and identifying the bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there shall become due and payable upon each bond or portion thereof so to be redeemed, the principal thereof, redemption premium and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue, shall be given not less than 30 days nor more than 45 days prior to the redemption date in w~iting to the registered owners, by pre-paid first-class mail, at ~~~ir addresses as such addresses appear on the records of tha 'J':.:a.nsfer Agent, but any failure in respect of such mailing will not affect the validity of the redemption. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the I state of North Carolina to exist, be performed or happen precedent to or in the issuance of this bond, exist, have been performed and have happened, and that the amount of this bond, together with all indebtedness of the District, is within every debt and other limitation prescribed by said Constitution or statutes. The faith and credit of the District are hereby " -- 445 pledged to the punctual payment of the principal of and interest on this bond in accordance with its terms. This bond shall not be valid or becom~ obligatory for any purpose until the certifications hereon shall have been signed by authorized representatives of the Local Government I Commission of North Carolina and the Transfer Agent. IN WITNESS WHEREOF, the District has caused this bond to bear the facsimile signatures of the Chairman of the governing body of the District and the Clerk of the District and a facsimile of the corporate seal of the District to be imprinted hereon, and this bond to be dated June 1, 1991. (facsimile sianaturel Chairman, governing body of Southwest Water and Sewer District of Harnett County (DISTRICT) ( SEAL) (facsimjlA sianaturel Clerk, Southwest" Water and"Sewer District of Harnett County TRANSFER AGENT'S CERTIFICATE OF AUTHENTICATIO~ This bond is one of the bonds of the issue designated herein and issued under the within-mentioned bond order. FIRST-CITIZE~S BANK , TRUST COMPANY BY: Authorized Signatory Date of Authentication: CERTIFICATE OF LOCAL GOVERNME~ COMMISSION The issue hereof has been approved under the provisions of The Local Government Bond Act. (facsimile sianature\ Secretary of the Local Government Commission ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within bond and irrevocably appoints , attorney-in-fact, to transfer the within bond on the books kept for registration thereof, with full power of substitu- tion in the premises. I Date: NOTICE: The signature to this Signature Guaranteed: assignment must correspond with the name as it appears upon the face of the within bond in every particular, with- out any alteration whatsoever. (10) The Single Bond, the provisions for entry of pay- ments cf principal and interest with respect thereto, for assign- ment thereof and for approval thereof by the Secretary of the Local Government Commission to be endorsed thereon shall be in substantially the following form: ---- 446 (form of Single Bond) UNITED STATES OF AMERICA STATE OF NORTH CAROLINA SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY WATER BOND, SERIES B I R-l $475,000 The Southwest Water and Sewer District of Harnett Cou~ty (hereinafter called the "District"), a county water and sewer district of the State of North Carolina, acknowledges itself indebted and for value received, hereby promises to pay to the UNITED STATES OF AMERICA, FARMERS HOME ADMINISTRATION, or its registered assigr.s (~1areL'\ called "Payee':), the principal sum of $475,000 on the first day of June in years and installments, as follows: principal principal principal Year Amount Year Amount Year Amount 1994 $ 5,000 2007 $ 9,000 2019 $18,000 1995 5,000 2008 10,000 2020 19,500 1996 5,000 2009 10,500 2021 20,000 1997 5,000 2010 11,000 2022 20,000 1998 5,500 2011 11,500 2023 20,000 1999 6,000 2012 12,000 2024 20,000 2000 6,000 2013 13,000 2025 20,000 2001 6,500 2014 13,500 2026 20,000 2002 7,000 2015 14,500 2027 20,000 2003 7,500 2016 15,500 2028 20,000 2004 8,000 2017 16,500 2029 20,000 2005 8,500 2018 17,000 2030 20,000 2006 8,500 in such coin or currency of the United states of America as at the time of payment shall be legal tender for the payment of debts due the United states of America, and to pay interest on the bal~nce of said principal sum from time to time remaining unpaid, in like coin or currency, at the. rate of five and eight hundred seventy-five thousandths per centum (5.875%) per annum on Ju-e 1, 1992, and annually thereafter on June 1 of each year, until the principal amount hereof has been paid. Payments of the installments of principal and interest then due and payable on this bond without presentation or surren- der hereof shall be made at the National Finance Office of the Farmers Home Administration, St. Louis, Missouri. Upon receipt of said payments of principal and interest, written notice of the receipt thereof shall be given prC'~'9tly to the District and the District shall be fully discharged of the obligation on this bond to the extent of the payment so made. Upon final payment of principal and itlterest, this bond shall be surrendered to the District for cancellation. This bond is issued in accordance with the Registered PUblic Obligations Act, Chapter 159E of the General Statutes of I North Carolina, and pursuant to The Local Government Finance Act, Chapter 159 of said General Statutes, and a bond order adopted by the Board of Commissioners of the County of Harnett, sitting as the governing body of the District, on March 6, 1989 to pay capital costs of providing water facilities for the District. The issuance of this bond and the contracting of the indebtedness evidenced thereby were approved by a majority of the qualified voters of the District voting at an election held on April 25, 1989. 447 This bond is exchangeable at the sole expense of the District at any time, upon ninety days' notice, at the request of the registered owner hereof and upon surrender of this bond to I the District, for fully registered bonds, in the denomination of ($500] each or any integral multiple' thereof, in an aggregate principal amount equal to the unpaid principal amount of this bond and in the form of such fully registered multiple bonds as is provided for in the resolution authorizing the issuance of the bonds. This bond may be assigned and upon such assignment the assignor shall promptly notify the District by registered mail, and the assignee shall surrender the same to the District for transfer on the registration records, or in exchange for fully registered bonds in the denomination of $500 each or any integral multiple thereof, in an aggregate principal amount equal to the unpaid principal amount of such single registered bond and bearing maturities corresponding to the principal installments on such single registered bond then unpaid, and every such assignee shall take this bond subject to such condition. So long as this bond is held or insured by the United states of America, Farmers Home Administration, the principal in- stallments hereof may be prepaid in whole or in part at any time in inverse order of maturity. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of North Carolina to exist, be performed or happen precedent to or in the issuance of this bond, exist, have been performed and have happened, and that this bond is within every limitation prescribed by said Constitution or statutes. The faith and credit of the District are hereby pledged to the punctual payment of the principal of and interest on this bond in accordance with its terms. IN WITNESS WHEREOF, the District has caused this bond ~o be signed by the Chairman of the governing body of the District and the Clerk of the District and sealed with the corporate seal of the District and this bond to be dated . Chairman, governing body of the Southwest Water and Sewer District of Harnett County (DISTRICT) ( SEAL) Clerk, Southwest Water and Sewer District of Harnett County I CERTIFICATE OF LOCAL GOVERNMENT COMMISSION The issuance of the within bond has been approved under the provisions of The Local Government Bond Act. Secr~tary of the Local Government Commission By: Designated Assistant 448 PAYMENT RECORD Name of ~...ir,cipE.1 :interest paying Agent, P:dncipa:" k:Jc1a",ce Payment Date Authorized Due Da'te. Pa-1TltIen ': :oue tS.87S%) Paid Off. , Ti.tle I June 1, 1992 June 1, 1993 June 1, 1994 S 5.000 June 1, 1995 5.000 June 1, 1996 5.000 June 1, 1997 5.000 June 1, 1998 5.500 June 1, 1999 6.000 June 1, 2000 6.000 June 1, 2001 6.500 June 1, 2002 7.000 June 1, 2003 7.500 June 1, 2004 8.000 June 1, 2005 8.500 June 1, 2006 8.500 June 1, 2007 9.000 June 1, 2008 10.000 June 1, 2009 10.500 June 1, 2010 11.000 June 1, 2011 ...J.1.500 June 1, 2012 12.000 June 1, 2013 13.000 June 1, 2014- 13.500 June 1, 2015 14.500 - June 1, 2016 15.500 June i, :'.on 16.500 June 1, k018 1:7.000 June 1, 2019 18.000 June 1, 2020 19.500 June 1, 2021 20.000 June 1, 2022 20.000 June 1, 2023 20.000 June 1, 2024 20.000 June 1, 2025 20.000 June 1, 2026 20.000 June 1, 2027 20.000 June 1, 2028 20.000 June 1, 2029 20.000 June 1, 2030 20.000 SCHEDULE "A" principal installments on which payments have been made prior to maturity. .- Name of Princip&1 Due Paying Agent, Authorized , principal otf. , D&~<& ~A-i:O.'P1J~1 {~ ;?/},~f"l1eT.: (,; Ba1&nce Date Paid Title ~-"\ , , 1 - I I ~ - .-.-...=-.~- -- -~ - -- ~-..--- , ! j i i I I i I I I i I I I , -- -- 449 (Form of Assignment) For value received the Payee named in the within Bond hereby sells, assigns and transfers said Bond unto DATE (11) Actions taken or to be taken by officials of the Issuer to select paying and transfer agents, and a bond registrar, or alternate or successor agents and registrars pursuant to Section 159E-8 of the Registered Public Obligations Act, Chapter 159E of the General statutes of North Carolina, are hereby authorized and approved. (12) The bonds shall be sold to the Farmers Home Administration at private sale without advertisement in the form of a single registered bond bearing interest at the rate of 5.875% per annum, provided that the Local Government Commission shall determine that such price is in the best interest of the Issuer. (13) The Chairman of the governing body of the Issuer and the Clerk of the Issuer are hereby authorized and directed to cause the bonds to be prepared and, when they shall have been duly sold by the Local Government Commission, to execute the bonds and to turn the bonds over to the State Treasurer of North Carolina or to the Transfer Agent for delivery to the purchaser or purchasers to whom the bonds may be sold by said Commission. (14) The Issuer covenants to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), to the extent requi~ed to preserve the exclusion from gross i~come of interest on the bonds for Federal income tax purposes. (15) The Issuer hereby represents that ( i) the proposed $475,000 Water Bonds, Series B, are not private activity bonds as defined in the Code and ( ii) the Issuer, together with any subordinate entities of the Issuer and any entities which issue obligations on behalf of the Issuer, reasonably expects that it will not issue cumulatively more than $10,000,000 of tax-exempt obligations (other than private activity bonds which are not qualified 501(c)(3) bonds) during the current calendar year. In addition, the Issuer hereby designates the above-mentioned bonds as "qualified tax-exempt obligations" for the purposes of section 265(b) (3) of the Code. (16) The power to make any election on behalf of the Iss~e~ wi'\::-t ~sspect to the arbitrage rebate provisions of the Code applic..ble to the bonds is hereby delegated to the Chairman I of the governing body of the Issuer and the Clerk of the Issuer. The motion having been duly seconded, and the resolution having been considered, it was adopted. The vote on the adoption of the resolution was as follows: AYES: 5 NAYS: 0 * * * * * 450 ATTACHMENT 3. , Brookfield Retirement, Inc. Project Ordinance I BE IT ORDAINED by the Board of Commissioners of Harnett County, North Carolina that: Section 1. The Brookfield Wastewater Line Extension Project consists of approximately 2,200 feet of 8 incn gravity was~e water line. man holes, and other appurtenances. This waste wa~er line 'W'ii.:L be ~_Jas~ll6'& wi:c.'u,t:ffi .',:;,"~ ri~n~-of-wa~ margin of Highway 210 from the inter- section of u.s. 1:-:""7 -be:.:.., Q..~::'. z:~~ ~ :t 7 Nortb. 'tz, .;::,..;, Brookfield Project site. This line exts::J.sioil proj~~-t is i;;a eooo::.:QCl4"!lC8 w!'i:h lOClC!l:' ?larmi;;:;:; requirements and is consistent with the Long Range Harnett Count~ Wa~tewater Comprehensive Plan. The Brookfield facility will participate in that portion of the project cost which is necessary in serving only the needs of its facility. The balanpe of the project cost will be funded on behalf of Harnett County to I meet the Long Range Planning objectives and requirements. Section 2. The fund source for this project is private funds and County funds. The total estimated project cost is $60,000 with one half the total project cost' anticipated to be private. Section 3. The following amounts are hereby appropriated on the Hwy 210 wastewater line extension for the ~plementation of the project: Construction . ~7,000. Lei;al .. 1:,l.:..~~l:i.~.l!;~~:d.<';'.:: l,5JO. !:n2!: in ll(b~:.i.rr:.:;i t,500. Con'~i...i.sLilCY 5.0QQ.., ...u........r. II 60,000. Section It. It is estimated that the following revenues will be available for this project: Local Private Funds . 30,000. County Funds 30.000. TOTAL . 60,000. This ordinance is adopted this 21st day of October, 1991. BY: ~s3.?~~L Harnett County Board of Commissioners AriiS': ~ ~-, 'i}J. ~L0) Vanessa W. Young (J Clerk to the Board I -. - 451 ATTACHMENT 4. , . . .........U\ .I. ),;.1. I TEM PARCEL NAME REbEASE REASON FOR RELEASE NO. NO. AH UNT 3907 01101652000 Finch Inc ~17.26 Value of Piper Airplane was for average but it J is below average 3908 0800272000 Earl H & Willa J Holmes ~62.04 Mobile home double listed as personal and real 3909 12-0546-0011 Gus Alexander Hicks 128.10 House burned in 1990 3910 0212450000 Jay Pitbnan, Jay Pitbnan Golf Shop 3.90 Propertys~uld have been listed in Duke Twnshp instead of Averasboro 3911 0213021000 Donald I & Nancy Johnson 8.64 Vehicle listed twice in error, once as Donald Johnson a~ once as Donald I & Nancy W Johnson 3912 0601116000 George & Margie King 8.47 Personal property double listed. Already liste< under Marjorie King 3913 0213189000 General Electric Capital Dealer Dist 87.65 Double listed personal property 3914 01-0506-0023 Lawrence Boyd 680.33 Mobile home keyed as house i 3915' 05-0633-0036-03 William Henry Rogers Jr. ~08.62 Property doesn't exist per new survey 3916 09-9567-0050-01 James J & Margaret L Howard .77 Charged twice for front porch valued at $100 3917 0302022000 James J Howard & Margaret L p64.62 Released from Barbecue Township and discovered in JOhnsonville Township 3918 0602743000 Jessie Ruth Cameron 19.71 Vehicle was valued a $3,000 & should have been $300 39191 VOIDED 3920 04-0682-0325 Grady & Edith A Currin 23.74 .34 Acres of land was double listed with 04-069 0039(0151) 3921 04-0663-0026-64 Timothy P & Ellen F Ferguson 43.86 Barn priced by square feet and we had too many square feet in barn \. 3922 0212114000 Beverly Norris Denton 7.23 Value of vehicle priced too high. Taxpayer provided a bill of sale 3923 )4-0674-19-18-001C Helen W Barnes 1103.20 Did not receive Elder exemption 3924 01002802000 Nationwide Mutual Ins Co. i 33.62 Released in Lillington Township and discovered in Grove Township 3925 0801736000 Craig & Gina McKinney j 40.10 Released in Hectors Creek Township and discovere in Buckhorn Township 3926 060469??oo Bill Heard Leasing Inc 36.28 Vehicle was over priced 3927 03-9586-0063 Martin Luther Oxendine Jr 98.60 Error in assessment, no road front. Condi tion factor of 1.75 used in error 3928 1102525000 Video zone i268. 70 1988 listed as machinery & equipment is actuall} videos and should not be taxed 3929 ~7-0690-16-03-0006 Dora Denning 1104.40 Did not receive Elderly Exemption , I 3930 1300467000 Larry Joe Blalock Jr 1724.51 Property listed belonged to Dennis Mclamb I , 3931 1202062000 Craig Byrd Roland :169.87 Property was listed in Johnston County 3932 0211649000 Joy Elaine Lee i 37.13 Value of vehicle was charged incorrectly 3933 01102659000 Bill Hunlin Cecile Jr il02.03 Taxpayer lived in Durham on January 1, 1991 3934 0212203000 George Washington Jones 94.92 Released Averasboro Township and discovered in Grove Township 3935 05-0624-0041 Frances T Dewar 100.80 Did not receive Elderly exemption 3936 0605186000 Swift Textiles 15 788.23 The schedule we use is c-8, clarence Lee, when listing combined property purchased in 1980 and 1981. These years each have a different I depreciation rate. 1981 is 25%, 1980 is 15%. 3937 0213191000 Pitney Bowes Credit 700.09 Property listed twice, once as large sum, seconc as individual leasees \. ! 3938 0800241000 ~jOSePhine Hilliard 10.66 Vehicle incorrectly priced 3939 0210706000 Don Aircloth, Faircloth Dental Lab 25.28 Vehicle priced as Chevy Blazer should have been a Nova 3940 0400979000 David lawrence & K 63.94 Taxpayer failed to let us know he only had 1/3 interest in farm equipment 3941 0202947000 John W Mclean 3.85 Value of vehicle was priced incorrectly 3942 01003019000 Michael Robert Powers 80.26 1979 Chevrolet Chevette priced as CorVette. Brought a Bill of Sale in on 1984 Chevrolet showing value of $550 rather than $2,680 from vehicle value -..----- - -- - 452 I I 3943 01-0524-0018-02 Robert W Stone 105.60 Should have received Elderly exemption 3944 1202350000 Johnnie & Carla Paul 52.62 Listed in wrong township should have been Hecto! Creek . 3945 0215112000 Mark Edward Pfeifer 55.00 Personal property was double listed 3946 0705713000 Wanda & Oswald Capps 100.17 Listed twice in error 3947 04-0663-0079 Jerry & Cheryl Sanrnet Simone 69.66 Portion of land sold and acreage was not I ajusted after split 3948 0405055000 Shelton L Hawley CPA 25.43 Salvaged vehicle restored not worth as regular vehicle 3949 0100954000 Melissa A Guidry 114.75 Military - husband & wife - released personal property value 3950 1)4-0674-19-15-0013 John H & A Chapnan 271.08 House burned 6/27/90 3951 01-0534-0086-01 Alice S Wes t 127.24 Land use not applied to property in error. 3952 01-0534-0086-02 Alice S Wes t 129.87 Same as #3951 3953 01-0534-0086-03 Alice S West 126.36 Same as #3951 ~ 3954 0213088000 World Olnni Leasing Joc Allen Thomas Lessee double listed with World Les: . allen Thomas 96 . 56 Omni Leasing 3955 02-1517-0020 Jimny & Bobby Watson $141.10 Land adjustment made because land is wet and shape adjustment was applied. 3960 07-1600-0185 Chester T Hayes 19.74 Heir property went to children. Should not have been charged deferred taxes 3961 0705978000 George Gregory Kissell 36.20 Value of vehicle released. Value decreased due to high mileage 3962 0902815000 Jirrmy Ivan Cameron 101. 46 Released property in Johnsonville and discovere( in Barbecue 3963 0213220000 Tri State Turf Inc 141.02 Property located in Sampson County Business personal property 3964 1201366000 Kei th W Thanas 2.16 Released the difference between Summerville Fire District and Flatbranch Fire District I 3956 1100326000 David CHaar 14.10 Not in Buies Creek Fire District 3965 07-0690-16-35-0014 William & E Turner 6.27 Deleted, property does not exist, double listed (1988) 07-0690-16-35-0016 3966 37-0690-16-35-0014 William & E Turner 7.81 Same as #3965 (1989) 3967 J7-0690-16-35-0014 Curri~ & Dorman 12.09 Deleted, double listed with 07-0690-16-35-0016 3968 0211777000 Joel Mark Ziady 4.73 1988 Chevrolet S-10 Pickup priced as a 1989 Chevrolet S-10 pickup 3969 0801444000 Knott Richard D 33.18 Released value difference in value of $7240 and $3290 of $3950. Value picked up incorrectly 3970 0301098000 Gerald A & I Redmond 47.85 Double listed as Ingrid H. Redmond Chandler 3971 0705809000 Bobby Lee & Gladys Spivey 15.23 Vehicles on abstrac t did not have serial nos. Went back and got values by ser'ial nos. Reason for release. 3972 V 0 IDE D 3973 b7-0690-16-3S-0014 'William & E Turner (1987) 6.14 ~operty double listed with 07-0690-16-35-0016. 3974 )7-0690-16-35-001 William & E Turner (1986) 5.35 'arcel double listed with 07-0690-16-35-0016. 3975 0500303000 Patricia E Griffin 84.90 )ouble listed with Patricia Spence Griffin 3976 13-9680-0152 Ronald 0 & Brigett Little 73.39 ~roperty was sold in 1990. Deed did not come fhru the land records office therefore did not ge oilled ~o the right person. 3977 0604509000 Ger.ara::" IV.,) ;':c::s Ac.;.e;: ':"':;",;''C CJ':'.~ 3.29 ~igures transposed - billed for $40,940 should have been $40,490. 3978 0600197000 David L Heinzman Sr & Annie / 70.8:i. !alues of vehicles were totaled $20,820 ;hould have been $11,620. Released difference. 3979 030438000 Robert E & Kathleen Mutsheler 95.20 raxpayer lives in New York. Should not have listed vehicles in Harnett County 3980 0401218000 Chester McKoy 15.82 !ehicles were valued incorrectly. Correct value should have been $800 instead of $2640 3981 0212484000 Econolodge of Dunn 263.26 ?roperty listed in January contained property ~hat had been disposed of SI~FD',~ 4 ked u; d rI. Stewart . Chairman Harnett County Board of Commissioners I . 453 ATTACHMENT 5. INTRA-DEPARTMENTAL BUDGET AMENDMtNTS FOR THE MONTH ENDING SEPTEMBER 30, 1991 I DEPARTMENT INCREASE DATE ACCOUNT CODE DESC'RIPTION (DECREASE) 07-03-91 Administration 10-4200-033 Materials & ~upplies (100) 10-4200-053 Dues & SUbSCliptions 100. 07-11-91 RSVP & Sr. Citizens 10-7720-002 Salaries & Wages 336. 10-7720-003 Salaries & Wages-Part-time (353) 10-7720-007 Retirement Expense 17. 07-11-91 Emergency Services 10-5300-053 Dues & Subscriptions 153. 10-5300-057 Miscellaneouse Expense (153) 07-22-91 Administration 10-4200-053 Dues & Subscriptions 40. 10-4200-057 Miscellaneous Expense (40) 07-23-91 Register of Deeds 10-4800-002 Salaries & Wa;res (714 ) 10-4800-003 Salaries & Wa~es-Part-time 714. 07-24-91 Board of Elections 10-4300-012 Printing & Bi~ding (400) 10-4300-045 Contracted Se vices 400. 08-01-91 Emergency Med. Servo 10-5400-046 Medical SuppLes & Drugs (500) 10-5400-057 Miscellaneous Expenses 500. 08-01-91 Administration 10-4100-053 Dues & Subscriptions 32. 10-4100-057 Miscellaneous Expense (32) 08-12-91 Administration 10-4100-004 Professional Services (1000) 10-4100-053 Dues & Subscriptions 1000. 08-26-91 Administration 10-4100-053 Dues & SUbscr~Ptions 220. 10-4100-057 Miscellaneous ~xpense (220) 09-11-91 Procurement/Veh Mnt 10-5550-033 Materials & Supplies 150. 10-5550-074 Capital Outlay - Equipment (150 ) 09-13-91 Parks & Recreation 10-8200-033 Materials & SU~plies (300) 10-8200-016 Maintenance & ~epair - Equip. 300. 09-24-91 Youth Services I 10-7730-016 Maintenance & lepair-Equipment 160. 10-7730-047 Food & Provisi.)ns (160) ATTACHMENT 6. WATER LINE RELOCATION - SR l403 PROJECT ORDINANCE BE IT ORDAINED by the Board of Commissioners of Harnett County: Section 1. The 12" main water transmission line paralleling the NeLl's Creek bridge on SR 1403 conflicts with the constru~t~on of ~he State's Bridge Maintenance Project. Section 2. The State Utility Agent has request~d that the County COlltract the relocation of this line. The State will reimburse the County the non-betterment cc'st pursuant to GS 136...27.1. Section 3. The following amounts are hereby appropriated in the com.truction of this project: I Construction $12,065 Section 4. It is estimated that the following revenues will be available in the relocation project: State of NC - DOT $12,065 This ordinance is adopted this 21st day of October, 1991. BY: ,~ ~ /)lw,;;j} Ll yd cj Stewart, ChaIrman Harnett County Board of Cornmissioner~ ATTEST: .' ~L~ 'LD. 1/ ILL Vanessa W. Young ~ "1 __1_ a.._ a-L_ 1l___..1 " 454 ATTACHMENT 7. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT I WITH DAVID M. GRIFFITH & ASSOCIATES, LT~. THAT WnERE1-.S, the Board of Commissioners of the County of Harnett has reviewed and considered that document entitled "Agreement to Provide Professional Human Resource Management Services to Hs.rr.ett County, North Carolina U between David M. Griffith & 'Associates, Ltd., and Harnett County, a copy of which is attached hereto as Exhibit 1; and WHEREAS, the Board desires to authorize the County to enter into said Agreement as set forth. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Hs.rnett that: 1. The County of Harnett shall be and hereby is authorized to enter into that U Agreement to Provide Professional Human Resource Mana~ement Servicas to Harnett County, North Carol~nau a copy of which is attached hereto as Exhibit 1. 2. T~e County Manager shall b~ and here~y. is authorized and directed t-:> s~gn the orJ.g~nal of said Agree:'lIsDt for and in behalf of the County. Duly ado?ted this ~lst day of October, 1991 upon cctio~ m&de by Cornmissio~er Hill , seconded by COII'.missioner Hudson and adopted by tee following vote: Ayes 5 Noes 0 Absent 0 Board of Commissioners of the Coun~y of Harnett By ~ 1?e::;;!~~' Chairman p.ttr: \ -- //L~~~ '1,1....-' . '-{./\..u-v~/ Vanessa W. Young, tJ I Cler~ to t~e Board . FY91 .:~w~.::m@1JlJ:C UQ ~ IProfessiOllUiilllP.I~ Rcso'm'Ce Mana.:,......,ent 8-.. j:~ to Harnett County, North Carolina .UUo) AGREBMBNT, entered into this day of , 1991 and effective immediately by and between David M. Griffith It Associates, Ltd. (hereinafter called the "Consultant") and Harnett County, North Carolina (hereinafter called the "County"), ~.dnlAT: WBERBAs, the Consultant is staffed with personnel knowledgeable and experi- enced in the requirements of developing and implementing a ..", ~ ensation/classification I plan, updating job specifications, developing a performance at't'&.Jsal/pay-for-performance plan, and updating the County personnel ordinance. WBERBAs, the County desires to engage the Consultant to assist in developing plans which conform to Federal, State and local requirements and will be approved by their representatives, NOW1'IIBIkruRP. the parties hereto mutually agree as follows: 1. ~qpi.......~...It,~~~ :1>, Cvuuq.agrees:a ~ngq~ the Consultant and the CCiiSThf~:. fl8L'''l~ .~ W ~~m7~Li:;:r, ~c ~~]lur~ s:.;~v:teS. 2. ~G~ ',~I.'> e:.illS;.:.:t~-:.'~ ~ :!z. ;:er".r..~'ii:. a4d carty out in a good and pr:>fessicDal ~3IT' ;:;ili:t: JTii;j.k~~ ~:trices; ------.---- 455 Part L Compensation/rlSllmficatiOD Objecthe A. ADalyzc tbc ~~ PCISOIIIICl n..ccHication Plan. Task L Analyze each position and job class through the use of questionnaires and meetings with management, department heads and supervisors. Interview I incumbents at place of work, where necessary or requested. Establish appropriate position classes and salary grade levels and assign classification, class level, and salary grade to each position. Task 2. Review and analyze the current job descriptions and classifications. Concurrently, obtain updated job descriptions from all position incumbents through the position description questionnaire. Task3. Prepare or amend job descriptions as neceSS8J}'. Job descriptions will be rewritten in a standard format to assure that they include the current duties and required skills. All descriptions will contain bona fide occupational qualifications indicatinl the desired knowledle, skills, abilities, and experience and training to .perform the duties of the job. Where applicable, special requirements (certifica- tions, licenses, etc.) will be indicated. Task~. Distribute first draft job descriptions to allow employees and supervi- sors to review and note changes on the drafL 7ast S. Conduct interviews for the purpose of discussing changes in the first dra...~ job descriptions, when necessary, to clarify job content. Task 6. Prepare final job description documents after corrected drafts are returned to Griffith/Archer. Note: Job description/specification will also be provided on standard S.2S inch diskettes in standard ASCn format for use with IBM PC compatible word processing programs. Objective B. P.. -w ".re aD evaluation and relative pnnng of the position cL.....-. Task L Group applicable positions into job classifications. This is achieved by evaluating each job with the Matrix-Point-Factor Job Evaluation System and selecting a "benchmark" position in each class or series of ,classes. Other positions are then compared to the benchmark position and assigned at the same level, or assigned to a higher or lower level depending upon points assigned for job related factors. Employing the Matrix-Point-Factor Job Evaluation System involves the determination of the relationship between the degrees of difficulty associated with work requirements and the degrees of difficulty associated with aptitude require- men~ 'it is the interrelationships between the work requirements and the aptitude req&lrements iliat formulate the matrix-point-factor relationship. There are three :::omprehensive work requirement factors which include twenty-seven degrees of difficulty and ten aptitude requirements which include 270 aptitude degrees of diffi- cultv. There are no predetermined points associated with the degrees of difficulty associated with the Job Evaluation System. It is the determination of the degrees of difficulty associated with the aptitude requirements and the degrees of difficulty associated with the work requirements that ultimately determine the job evaluation points. The Matrix-Point-Factor Job Evaluation System is decidedly different from the profile statements and the predetermined point types of systems that are so pervasively used throughout the United States. Because of its ability to determine the degrees of difficulty associated with the interrelationship between the work requirement compensable factors and the aptitude requirement ..',.. 't'.ensable fac- tors, the system overcomes many of the problems associated with such systems. With the system, every job in the entire organization can be evaluated against the same set of criteria. This ensures that when the job evaluation system is properly adminis- tered there will be absolutely no discrimination with respect to the determination of which jobs are more difficult than other jobs in the organization. ]a addition to the 307 variables that are involv~ in the actual evaluation of the job, with i"~spect to the relationship between work requirements and aptitude requiremeL.t3, ~ere is one other im~rtant amension. It is called the responsibility factor. The ::,esponsibility factor is a multiplier which is applied to the point that comes from the determination of degrees of difficulty derived 'from the matrix rela- tionship between the work requirement factors and the aptitude requirement factors. The responsibility multiplier enhances the difficulty points as the levels of responsi- bility related to degrees of difficulty are determined. Responsibility is considered as a pervasive element and not just a separate aptitude requirement or separate work requirement factor as it is traditioDally applied to job evaluation systems. ~use of all these particular relationships, every job in the entire organization can be evaluat- ed on the same system, from the custodian to the chief executive officer of the organ- ization. The final and ultimate objective of the Matrix-Point-Factor Job Evaluation System is to determine the various degrees of difficulty associated with each of the jobs in the organization. The more difficult jobs would receive greater evaluation points and therefore greater levels of pay, the least difficult jobt would receive lesser 456 evaluation points and, therefore, lesser levels of pay. Needless to say, the Matrix- Point-Factor System adheres to certain prevalent laws and criteria as related to equity in job evaluation, including Weber's Law of Comparative Differences, Jacques' time span of discretion, span of control, and financial responsibility. The job evaluation points are ultimately integrated with wage and salary survey data (benchmark analysis), via sophisticated multiple regression analysis, to determine the arr...r.:ate and equitable pay range for each position in the organization. Job I classes and pay grades are easily determined via job evaluation point spreads. Task 2.. Prepare a position/classification allocation list of each department indicating each employee's present and recommended classification. Task 3. Prepare a written analysis for each position classification within each department. Task 4. Provide an appeal process for employees who feel they have been improperly classified. All employees who disagree with the proposed allocation of their position io a dass or the content of their class description may appeal, in writ- ing, die .ecommendation submitted 'i:r.Y Griffith/Archer. All appeals will be reviewed and responses made unilllmm time as Cll fuIal decision is made by the ,. ."wl' er authori- ty of the ":ouray. Appeals submitted in writing by department heads on behalf of employees under their supervision will also be reviewed and responses made accord- ingly. Task S. Provide training sessions for the County for the purpose of informing department heads, County officials and designated staff in the philosophy and appli- cation of the instruments, forms, procedures and other content elements associated with the classificationlw",.. t' ensation system. Objw ~. '. C. n-tnl't a wage aDd sabuy 1III'feJ. Task L Prepare a survey manual inclusive of all County positions summariz- ing position duties, responsibilities and applicable requirements. Task 2.. Submit survey to participating agencies for the purpose of gathering minimum, mid-point, and maximum salaIy ranges; and ac:tual salaries where avail- able. Task 3. Make subsequent contact with the participating agencies to further deW! and analyze eomparisom. Conduct statistical analysis based on the number of ;-ep~'e!'ie4cf;Q1 Wa..'"i~ ~1llllIIUl1llnGl maximum conti'vlz aOO valid ......,. arisons. ':;"~ &.t. Deteimine ili~ most representative sabry range for use in the multi- ftl~ r~&7~ssion model Obje"': 1...li).1Dtcgrate job ev:aln.tinn data aDd wage/salmy IIIIVe)' data. Task 1. Integrate job evaluation and survey data via multiple regression analysis. Task 2.. Determine the line of best fit between the two sets of data to gener- ate statistical relationships pertinent to the development of an effective and competi- tive pay range for each group of classifications. Task 3. Prepare report indicating classes grouped based on the integration of job evaluation and wage/salary survey data. (Assignment of Casses to Grades and Ranges, Exlu'bit R) Objc:c:the Eo Developmatt of Pay Strudma. Task 1. Develop and install a salary schedule (salary and grade matrix) r..r....seiiling all p-ades an~ assoclatl-..d MWy ranges. Jriuk2 k7~lPm"~ ~6~m~ sta:tisticai I"cpom ~.....esenting pay curves, current entr'j ~even tJr~nds mcl ~meli' ~tr'...c:n.n:l Z~~tifllmhi~ Obje...u,_ F. Pnmde D.....__,l'ft11a1i..ti... aDd .....7.......".ce to ~ and staff to update aDd impIc::mcot the Coualfl .twa~ n-"i~J1nn aDd Pay 51 ..:1... ... (if requested by the Calmly). Task 1. Prior to the beginning of the study, the Project Manager will meet I with management to brief them on the study methodology and expected results. Task 2.. At the begiDDing of the study, the Project Manager will conduct an informational session with department heads and other designated supervisors. Task 3. At the conclusion of the study, the Griffith/Archer Project Manager and other key project staH will meet with department heads, the County Manager and the governing body to review a draft of the study and make recommendations as needed. Task 4. After approval of draft, copies of the final plan, to include cost of implementation, will be printed and bound. Job descriptions will be provided under separate cover for ease of use by County management and departments concerned. " ------- 457 Objective G. Provide ~..iniDg, fonDs aud _!ale Task L Provide training sessions for County staff for the purpose of inform- ing department heads, officials and designated staff in the philosophy, implementa- tion, application and maintenance of the system. TLSk 2. Submit all necessary forms, instruments and manuals necessary for Griffith/Archer to maintain Harnett County's classificationl.,." t' ensation system, upon request, by evaluating new positions, reevaluating positions that change and writing job descriptions. Current maintenance cost SSS for evaluation (inclusive of labor market analysis), SS5 for job descriptions. Part n. Performance AppraisalfPay-For-Performanc:e Obje"; I. A Develop iDstrmneIds aud provide traioiog on s,stem implcmm- 1ationaud nmint~ Task 1. Install performance &I"I"'~ system for the purpose of providing a means by which the performance of the employees can be objectively &"I',.aised. Task 2. Analyze and compute performance appraisal factor weights based upon input provided by the employees for the purpose of determining the relative weighting of the performance al'l' ,.dsal factors. Task 3. Provide training sessions to Harnett County staff for the purpose of training personnel on the philosophy, con....,. ~ and application of the system. Task 4. Provide recommendations on discretionary incentivefbonus award programs which can be objectively administered in conjunction with the pay-for- performance plan. Task S. Provide follow-up services to assist in the maintenance, administra- tion and tailoring of the system as requested and approved. Part m Coun1;y PeJSODDel Ordinance Objective A. Review. aua1yze, upda~ _lor develop a DeW County P,.. ,".:..- ael~. Task L Review and analyze the current CoUnty Personnel Ordinance. Make recommendations that will ensure compliance with federal, state and local laws, rules and regulations. Task 2. Update current, or design new, County Personnel Ordinance which includes the exercise of local concerns and represents the philosophies of the govern- ingbody. Task 3. Structure the County Personnel Ordinance to include all employees as allowed by the General Statutes of North Carolina. The ordinance will document, or make reference to, the admini!lttative process required by DHR, federal, and/or other agencies. Wherever possible, the ordiDance will cover all employees under one document 3. ~gflm"....,.IIIH&- The services to be performed hereunder by the Consultant shall be undertaken and completed in such sequence as to assure'their expeditious comple- tion and best carry out the purposes of the agreement The project will start within 30 days of contractual agreement, and will be .....,_,.leted within a 90 day time period. 4. CotQpensation.. The County agrees to pay the Consultant a sum nn1 m ~ eighteen thousand four hundred thirty dollars ($18,430). The Consultant agrees to com- plete the project and all services provided herein for said sum. S. Method gf~ An invoice for one-third (33%) of the project will be submit- ted upon completion of the position des-:.t';':on questionnaires. An additional invoice for one-third of the engagement will be submitted upon completion of the first draft report. The final one-third payment will be invoiced upon .. ,,. 'l,iletion of the project. 6. Chanp.. The County may, from time to time, require changes in the scope of the services of the Consultant to be perI<, ,..",.ed hereunder. Such changes, which are mutual- ly agreed upon by and between the County and the Consultant, shall be incorporated in written amendment to this agreement 7. Services md. Materials 12 JIG. Furnisbed Irx 11m CounV. The County shall locally furnish the Consultant with all avaDable necessary information, data, and material pertinent to the execution of this agreement. The County shall cooperate with the Consultant in carrymg~ul. the work herein and shall provide adequate staff for 1iaJm.g with the Consultant ane; othei' agencies of County gO'l..~......ent 8. T.....'.:n~;.:ongfAareement(g[OIII& If,anough any cause, the Consultant shall faillO fulfill in timely and proper manner his obligations under this agreement, the County shall thereupon have the right to terminate this agreement by giving written notice to the Consultant of such termination md specifying the effective date thereof, at least five (5) days before the effective date of such termination. -:.......~.'- .~ -- '-",.' _! ~ ...~_."..-.. '_'C>:-"" -~-~ ,-..,,- 458 9. Information IJId Rc;ports. The CoDSUltant shall, at such time and in such form as the County may require, furnish such periodic reports concerning the status of the project, such statements, certificates, al'1"'.' 11~1s and copies of proposed and executed plans and claims and other information relative to the project as may be requested by the County. 10. ~.t. The County acknowledges that the report format to be provided by Consultant is copyrighted. Consultant shall ensure that all copies of its report bear the copyright legend. The County agrees that all ownership rights and copyrights thereto lie with Coosultant. The County may use the report solely for and on behalf of County opera- tioos. The County agrees that it will take appropriate action by instruction, agreement or otherwise with its employees to satisfy its obligations with respect to use, copying, protection and security of the report iormal lL Notices.. Any notices, bills, invoices, or reports required by this agreement shall be sufficient if sent by the PlirtyCS by United States man. postage paid, to the following address: David M. Grlffitio .& Associates, Ltd. HOO Loggei' Olurt, Suite 0-100 lRaleigb, North Carolina 27609 IN WITNESS WhGAEOF, the County and the Consultant have executed this agreement as of the date first written above. Harnett County, North Caro~ ~. ~7is By: .~, r~/I~'KC) (County ManagerYJ David M. Griffith & Associates, Ltd. lay: +,J 1 ~(A- HfU L ~tt \ A!.sociate Director ~'tam.an lResom,:e Management Division I .