Loading...
HomeMy WebLinkAbout01181994 386 HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 18, 1994 The Harnett County Board of Commissioners met in regular session on Tuesday, January 18, 1994, in the Commissioners Mee~ing Room, County Office Building, Lillington, North Carolina. I Mer:.bers present: H. L. Sorrell, Jr. Beatrice Bailey Hill Joseph T. Bowden Walt Titchener Commissioner Dan B. Andrews was absent. Staff present: Neil Emory, County Manager Tony Wilder, Assistant County Manager Dwight W. Snow, County Attorney Vanessa W. Young, Finance Officer Kay S. Blanchard, Recording Secretary Chairman Sorrell called the meeting to order at 7 p.m. and Commissioner Bowden offered the invocation. Commissioner Hill moved to adopt the agenda as published. Commissioner Bowden seconded the motion and it passed with a unanimous vote. Upon motion made by Commissioner Bowden and seconded by Commissioner Hill, the Board unanimously approved the following ~tems from the Cor.sent Agenda: MINUTES 1. Minutes: Regular Meeting, January 3, 1994 BUDGET AMENDMENTS 2. Budget Amendments: Transportation Code 10-5551-003 Salaries & Wages, Part-time 2,000. increase I 10-5551-005 FICA Tax Expense 80. increase 10-5551-014 Travel & Meetings 200. increase 10-5551-017 Maintenance & Repair-Auto 6,000. increase 10-5551-033 Materials & Supplies 45. increase 10-5551-074 Capital Outlay 1,175. increase Revenue: 10-3350-010 Donations-Lee Harnett 9,500. increase Health Department Code 10-7600-010 Training 200. increase 10-7600-011 Telephone & Postage 175. increase 10-7600-012 Printing & Binding 175. increase 10-7600-014 Travel & Meetings 764. increase 10-7600-033 Materials & Supplies 200. increase 10-7600-046 Medical Supply & Drugs 510. increase 10-7600-074 Capital Outlay-Equip. 490. increase Re"enue: 10-3480-0273 Immunization-Action 6,364. increase 10-3990-000 Fund Balance-Appropriated 3,850. decrease Public Utilities Code 35-9004-033 Materials & Supplies 106. increase 33-9002-033 Materials & Supplies 116. increase 36-9005-033 Materials & Supplies 154. increase 34-9003-033 Materials & Supplies 437. increase 37-9006-033 Materials & Supplies 243. increase 38-9007-033 Materials & Supplies 32. increase Revenue: 35-3990-004 Unappro. Fund Balance 106. increase 33-3990-002 Unappro. Fund Balance 116. increase 36-3990-005 Unappro. Fund Balance 154. increase 34-3990-003 Unappro. Fund Balance 437. increase 37-3990-006 Unappro. Fund Balance 243. increase 38-3990-0010 Unappro. Fund Balance 32. increase I Library Code 10-8100-025 Books & Publications 428. increase 10-8100-033 Materials & Supplies 133. increase Revenue: 10-3350-000 Miscellaneous Revenues 133. increase 10-3350-004 Donations-Library 428. increase Social Services Code 1v-7710-1540 Special Children's Account 265. increase 10-7710-1510 Crises Interventions 125. increase 10-7710-1480 County Assistance 125. increase Revenue: 10-3350-0030 Social Services Donation 515. increase ------, "':.;\i~: ',:'?,"~: ~;;:ik1!!I~~_ 6il_ '[H.r~. ~ . 387 Public Buildings Code 10-5000-011 Telephone & Postage 20,000. increase Revenue: 10-3990-000 Fund Balance Appropriated 20,000. increase Emerqency Medical Services Code 10-5400-074 Capital Outlay - Equipment 2,296. increase Revenue: 10-3990-000 Fund Balance Appropriated 2,296. increase I Public Assistance Code 10-7710-1500 CP&L Project Share 18,745. decrease 10-7710-1530 Adoption Ass't IV-E 3,500. increase 10-7710-0610 Non FSA Day Care 308,665. increase 10-7700-0452 Food stamp Issuance 36,000. increase Revenue: 10-3480-0010 Social Services Admin. 18,745. decrease 10-3990-000 Fund Balance 21,500. increase 10-3480-0027 Day Care Non FSA 308,665. increase 10-3480-0010 Social Services Admin. 18,000. increase Emerqency Response Planninq Code 10-5251-002 Salaries & Wages 5,856. increase 10-5251-005 FICA Tax Expense 448. increase 10-5251-007 Retirement Expense 229. increase Revenue: 10-3670-003 Emer. Response Planning Refund 6,533. increase Administration Code 10-4200-014 Travel & Meetings 2,000. increase Revenue: 10-3990-000 Fund Balance 2,000. increase RESOLUTION RECOGNIZING 3. Resolution recognizing Library staff (Attachment 1) LIBRARY STAFF 4. Resolution regarding position statement of the NC Alliance for RESOLUTION RE: ALLIANCE Mentally III (Attachment 2) FOR MENTALLY ILL ROTARY AWARENESS MONTH 5. Resolution concerning Rotary Awareness Month (Attachment 3) COATS PLANNING BD. APPT. 6 . Resolution appointing two members to Town of Coats Planning Board (Attachment 4) DISPOSAL OF RECORDS 7. Disposal of records in the Sheriff's Department (Attachment 5) IIISUBDIVISION FINAL PLATS 8. Subdivision Final Plats - Heritage Village, Phase I, Block A Forest Ridge, Section 5 Chairman Sorrell stated that the Board would now consider certain EAST CENTRAL W & S matters sitting in its capacity as governing body of East Central Water and Sewer District of Harnett County. LETTER OF CONDITIONS Janice Pond, FmHA, presented and explained a Letter of Conditions and related documents regarding the East Central Water and Sewer District Project. Commissioner Hill moved for approval of the Letter of Conditions as presented. Commissioner Bowden seconded the motion and it passed with a unanimous vote. Commissioner Titchener moved to adopt the related documents which includes a loan resolution. Commissioner Bowden seconded the motion and it passed with a unanimous vote. (Attachment 6) Chairman Sorrell closed the meeting of the Board sitting in its capacity as governing body of East Central Water and Sewer District of Harnett County. OATH OF OFFICE FOR HOWARD Chairman Sorrell administered the Oath of Office for Howard L. Penny, PENNY, JR. Jr. , Harnett County Zoning Ordinance Board of Adjustment member. Chairman Sorrell stated that the Board would now consider certain BUIES CREEK-COATS matters sitting in its capacity as governing body of Buies Creek-Coats W & S Water and Sewer District of Harnett County. Hiram Marziano, Marziano & Minier, P.A., presented a discussion of NORTH HARNETT ELEMENTARY bids regarding wastewater facilities project at North Harnett SCHOOL PROJECT Elementary School. Al Bain, Public Utilities Attorney, presented a I proposed resolution awarding contract for wastewater facilities-North Harnett Elementary School (Buies Creek-Coats Water & Sewer District of Harnett County). Commissioner Bowden moved for adoption of the resolution. Commissioner Hill seconded the motion and it passed with a unanimous vote. (Attachment 7) RESOLUTION RE: ISSUANCE Tom Meece, Industrial Development Director, presented a proposed resolution which authorizes the issuance of Industrial Revenue Bonds. OF INDUSTRIAL REVENUE BONDS Commissioner Titchener moved for adoption of the resolution. Commissioner Hill seconded the motion and it passed with a unanimous vote. (Attachment 8) PUBLIC HEARING ON ROAD Chairman Sorrell called to order a public hearing on a road name NAME CHANGE - MILTON WELCH application for Almeda Welch, SR 1320, currently unnamed, requested ROAD 388 name: Milton Welch Road. George Jackson, Planning Director stated the purpose of the public hearing was to obtain public comments concerning proposed name for the road. Chairman Sorrell opened the meeting for comments. Comments were offered by Deborah Brown, P. O. I Box 328, Olivia, who was in favor of naming the road Milton Welch Road. There being no further comments, Chairman Sorrell closed the public hearing. Mr. Jackson presented the application for the Board's consideration and stated that the Planning Board's recommendation was to approve the application. Commissioner Bowden moved to approve naming SR 1320, Milton Welch Road. Commissioner H~ll seconded the w.~tion and it passed with a unanimous vote. REQUEST FOR TEMPORARY Neil Emory, County Manager, presented a request from the Register of DEPUTY REGISTER OF DEEDS Deeds Office for a temporary Deputy Register of Deeds position. POSITION Commissioner Titchener move to approve a temporary Deputy Register of Deeds position, at an hourly rate of $6.00 per hour, effective through June 30, 1994. Commissioner Bowden seconded the motion and it passed with a unanimous vote. REQUEST TO HIRE THREE Neil Emory, County Manager, presented a request from Department of NEW CHILD PROTECTIVE Social Services for authorization to hire three new Child Protective SERVICES WORKERS Services workers using State appropriations to fund the salaries. Commissioner Bowden moved to approve the request. Commissioner Hill seconded the motion and it passed with a unanimous vote. Commissioner Bowden moved to approve a lease for the Committee of LEASE ON SHELL BUILDING 100's shell building, enabling the County to put the building under the County's insurance policy for free for a period of six months. Commissioner Titchener seconded the motion and it passed with a unanimous vote. Reports were filed with the Board from the Fire Ma~shal's Office, REPORTS E~ergency Medical Services, Department of Social Services, and the Tax A:torney's Report (Attachment 9). EXECUTIVE SESSION Commissioner Hill made a motion for the Board to go into executive I session to discuss personnel and legal items. Commissioner Bowden seconded the motion and it passed with a unanimous vote. Commissioner Hill made a motion for the Board to come out of executive session. Commissioner Bowden seconded the motion and it passed with a unanimous vote. CONSIDERATION OF Commissioner Hill moved that the item on the agenda concerning RECLASSIFICATIONS reclassifications be tabled until the regular Board meeting, February TABLED 7, 1994. Commissioner Bowden seconded the motion and it passed with a unanimous vote. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners regular meeting, January 18, 1994, duly adjourned at 10:30 p.m. /~t~<hai= ~ ~~L~~T KlLvv' L. &Ov4tJuV1d I Kaj S. Blanchard, Recording Secretary 389 ,!; . . " '. Attachment 1. NORTH CAROLINA HARNETT COUNTY . I' RESOLUTION . . WHEREAS, the Harnett County Library i~ the source of many activities for the citizens of the County throughout the year; and WHEREAS, the recent New Year's Eve Celebration was one such activity; and WHEREAS, the evening was enjoyed by all those in attendance; and WHEREAS, the success of such an event is dependent upon the efforts of the staff involved. NOW, THEREFORE, BE IT RESOLVED THAT THE HARNETT COUNTY BOARD OF COMMISSIONERS does hereby recognize the efforts of the entire library staff and does congratulate them on " the success of the recent New Year's Eve Celebration. Duly adopted this 18th day of January, 1994. HARNETT COUNTY BOARD OF COMMISSIONERS #~ / H. . So?,l, Jr., Chairman ATTEST: I .".-- -v;,~ ~ -{I '"~ Vanessa W. Young, Cle " .~ ... Attachment 2. NORTH CAROLINA HARNETT COUNTY RESOLUTION WHEREAS, Harnett County has been aware that the State of North Carolina is considering proposals which would change the current delivery of mental health servic9s in our State; and WH~~REAS , It is understood by the County that these changes might result in the downsizing of current State mental health facilities while at the same time increasing the demand upon local services; and WHEREAS, Such a decision on the part of the State concerns Harnett County for the following reasons: I The rationale for these proposals is purely economic; little attention has been paid to whether these proposed changes would improve life for the mentally ill. Existing services in the community are inadequate to meet the needs of mentally ill persons already residing there, especially in the area of housing, and some authorities predict an increase in the U.S. mentally ill population of 14 percent by the 2010. Community hospitals traditionally have not provided the kinds of services required by more severely ill patients and are not likely to begin to do so. 390 , , Recent published reports from some states which have implemented these approaches describe unexpected problems and failures including inability of programs to purchase needed services, increases in numbers of homeless persons, more incarceration and inability to retain state hQ~pital personnel. NOW, THEREFORE, BE IT RESOLVED THAT THE HARNETT COUNTY BOARD OF COMMISSIONERS does hereby request that the State of I North Carolina take the following steps prior to considering changes in the delivery of mental health services: Declare a moratorium on planning and implementation of any program designed to reduce the .state's inpatient psychiatric services; vi:?,. "hospital downsizing". Dedicate all available funds and seek additional funds to correct existing deficiencies in community services for the mentally ill and expand those services, especially in the areas of housing and employment. Suspend consideration of funding changes until substantive final decisions about Health Care Reform have been made by the U.S. Congress. Then, and only then, explore the feasibility of alternative funding mechanisms in North Carolina. " Duly adopted this 18th day of January. HARNETT COUNTY BOARD OF COMMISSIONERS d~~ /' H. L.' rrel~~t., Chairman ATTEST: r- I. I i \.-+' L 1J1),~vl-.l..<l.4'- '1..l: L .!Ivw'-{; I Vanessa W. Youqg, CDerk v Attachment 3. '1..'.. RESOLUTION - ROTARY AWARENESS MONTH WHEREAS, The Harnett County Board of Commissioners understands the importance of Rotary International's mission of fostering peace and world understanding throughout the world, and WHEREAS, The Harnett County Board of Commissioners acknowledges that January is Rotary Awareness Month, and WHEREAS, The Rotary clubs in Harnett County have been a driving force in the fostering of the Rotary precepts, and WHEREAS, This Board wishes to acknowledge that Rot3ry Awareness Month is a focus that will help provide for the betterment of the County, the State and the Nation, as well as the world, NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that January, 1994, is designated as ROTARY AWARENESS MONTH I in Harnett County. Adopted this 18th day of January, 1994. h:k/ "H. L. sorrell~.~ Chairman ATTEST: 1,Cd~'1fL'-i ^'6J: Vanessa W. Youngb CI k ~ ---------------..,.--------- ~ 391 Attachment 4. RESOLUTION APPOINTMENT OF TWO ( 2) MEMBERS TO THE TOWN OF COATS PLANNING BOARD I THAT WHEREAS, N. C. G. S. 160A-362 and the Town of Coats Ordinance (Section 2-7021.1) require that the Harnett County Board of Commissioners appoint two (2) Town of Coats Planning Board members for extraterritorial area representation; and WHEREAS, Durane Currin and Dorsey Daniel are residents of the Town of Coats extraterritorial area and are capable persons to discharge the duties of that office; and WHEREAS, said term of office should become effective January, 1994 and extend until January, 1997 and until their successors are duly appointed and qualified. , NOW. THEREFORE. BE IT RESOLVED AS FOLLOWS: That the following two (2 ) named individuals be and they are hereby appointed as members of the Town of Coats Planning Board, to wit: DURANE CURRIN DORSEY DANIEL And that their current term of office extend until January, 1997. I This resolution duly adopted in regular session on the lS"-C day of if\.. ,\'\.k.k.JI_"""U-\ <\ . 1994. HARNETT COUNTY BOARD OF COMMISSIONERS At~t: By,4M~ H. L. sorrell,~ Chairman /r {U~/I ~t.~.--- - . J~ Vanessa W. Young, i Cler~ Attachment 5. ~lttriff 1Lewi5 (tI. En!i5 tr P.O. BOX 399 L1LLlNGTON, NORTH CAROLINA 27546 Office Phone, (919) 893-911! - >-- , . '1"':'-., TO: Mr. Neil Emory, Cou~ty Manager FROM: . J!. t MaJor Larry Knot ~h~ef Depu y I DATE: January 10, 1994 SUBJECT: Records Destruction Request that the Sheriff's Department be placed on the consent agenda of the next possible meeting of the Harnett County Board of Commissioners for permission to destroy the below listed obslete records of the Jail and Sheriff's Department in accordance with the provisions of Chapter l21 and l32 of the General Statutes of North Carolina. 1989 Prisoner Control Record (DCI IR 502) 1989 Prisoner Property Form (DCI IR 500) 1989 Prisoner Cash Control (DCI IR 501) 1989 Prisoner Medical Screen 1975 thru 1981 Sheriff's Operations Reports 392 Attachment 6. FORM APPROVED I OMB NO. 0575-0015 UNITED STATES DEPARTMENT OF AGRICULTURE FARMERS HOME ADMINISTRATION Fonn FmHA 1942-46 (Rev. 9-89) LETTER OF INTENT TO MEET CONDITIONS Date JANUARY 18. 1994 TO: Farmers Home Administration United States Department of Agriculture 4001 Carya Drive, Suite B Raleigh, NC 27610 ~ Office Address) 'We have reviewed and understand the conditions set forth in your letter dated JANUARY 18, 1994 . / It is our intent to meet all of them not later than MARCH 31. 1995 . \ill HEREBY REQUEST THAT THE Thlt.KEST RATE TO BE THE LOWER OF .1Jili RATE IN EFFECT AT THE TIME OF LOAN APPROVAL OR THE TIME OF LOAN CLOSING. I ., CHAIRMAN ~~ '-oj ~~ rrUl,) I I Public reportinll burden for thi. collection of information ia eatimated to al/eralle 1 hour per re.ponae, includinll the time for rel/iewinll in- atructiona, .earchinll exiatinl/ data .ource., Ilatherinll and maintaininll the data needed, and completinll and rel/iewinll the collection of in- formation. Send comment. rellardinll thi. burden eatimate or an" other IUpect of thi. collection of information, includinll .ulllle.tiona for reducinll thi8 burden, to Department of Allriculture, Clearance OfficerL OIRM, Room 404-'!t Wcuhinllton, D.C. 20250; and to the Office of Management and Budllet, Paperwork Reduction ProJect (OMB No. 057D-0015), Wcuhinllton, u.C.20503. FmHA 1942-46 (R<v_ 9-89) I .-" --- ----~~-- -- .- _T-~___ ---- ----- 393 - USDA-FmHA Position 3 FORM APPROVED Form FmHA 1910-11 e . OMS NO..0575-0127 I (Rev. 9-89) APPLICANT CERTIFICATION FEDERAL COLLECTION POLICIES FOR CONSUMER OR COMMERCIAL DEBTS The Federal Government is authorized by law to take any or all of the following actions in the event your loan payments become delinquent or you default on your loan: Report your name and account information to a credit reporting agency. Assess interest and penalty charges for the period of time that payment is not made. Assess charges to cover additional administrative costs incurred by the government to service your account. Offset amounts to be paid to you under other Federal Programs. Refer your account to a private collection agency to collect the amount due. Foreclosure on any security you have given for the loan. Pursue legal action to collect through the courts. Report any written off debt to the Internal Revenue Service as taxable income. If you are a current or retired Federal employee, take action to offset your salary, or civil service retirement benefits. Debar or suspend you from doing business with the Federal Government either as a participant or principal throughout the executive branch of the Federal Government for the period of debarment or suspension. I Any or all of these actions may be used to recover any debts owed when it is determined to be in the interest of the Government to do so. - .-. - ---- -,,-.-.,-- CERTIFICATION: I/we have read and I/we understand the actions the Federal Government may take in the event that I/we fail to meet my/our scheduled payments in accordance with the terms and conditions of my/our agreement. I/we understand that the above list is not all inclusive and that the Federal Government may deem additional actions necessary to collect should I/we become delinquent. '. (Signature-Individual(s)) (Date) (Signature-Individual(s)) (Date) ------------------------------------------------------------------- F.A~T \.....1111 KAT. WATER & SEWER DISTRICT (SEAL) c?~;C;konl) ~ BY:~. ~ /' (Signature"'Of Authorized ~fficial) r:. CHAIRMAN A EST: (Title of Authorized Entity Official) '1~~~L~f~ P.O. BOX 1119 (Address) LILLINGTON, NC 27546 CLERK (Title of Attesting Official) (City, State. and Zip Code) Public reporting burden lor this collection of inlormation is estimated to average 5 minutes per response, including the time lor reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection 01 information. Send comments re~arding this burden estimate or any other aspect of this collec, I lion 01 information. including suggestions lor reducing this burden to. Department of Agriculture, Clearance Officer, OIR . Room 404.W, Washington. D.C 20250: and to the Office 01 \\anaqement and Budqet. Paoerwork R"ducti0n p"JlectrOMB N0 n~7<;.n1?7\ W",hrnntnn r) r. ?n~O:l -~- -- 394 Position 5 USDA-FmHA FORM APPROVED Form FmHA 1942-47 OMB NO. 0575.0015 (Rev. 1-90) LOAN RESOLUTION (Public Bodies) A RESOLUTION OF THE BOARD OF COMMISSIONER~ OF THE F.AST r.ENTRAL WATER ~ .f?1!:WER DISTRICT OF HAIlliE ,".'. COUNTY AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS WATER DISTRIBUTION SYSTEM I F ACILr.'Y TO SERVE AN AREA LA WFULL Y WITHIN ITS JURISDICTION TO SERVE. WHEREAS, it is necessary for the EAST CENTRAL WATER & SEWER DISTRICT (Public Body) (herein after called Association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of :rHREE MILLION SIX HUNDRED EIGlfI THOUSAND DOLLARS AND NO/100THS ($3,608,000.00) pursuant to the provisions of LOCAL GOVERNMENT ACT (G.s. 15943 IT SFQ) . ; and WHEREAS, the Association intends to obtain assistance from the Farmers Home Administration, United States Department of Agri- culture, (herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in the planning, financing, and supervision of such undertaking and the purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such bonds is found by the Association: NOW THEREFORE. in consideration of the premises the Association hereby resolves: 1. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds containinl!; such items and in such forms as are required by State statutes and as are agreeable and acceptable to the Government. 2. To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time it shall appear to the Government that the Association is able to refmance its bonds by obtaining a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U.S.C. I 983(c)). 3. To provide for, execute, and comply with Form FmHA 400-4, "Assurance Agreement," and Form FmHA 400-1, "Equal Opportunity Agreement," including an "Equal Opportunity Clause," which clause is to be incorporated in, or attached as a rider to, each construction contract and subcontract involving in excess of $10,000. 4. To indemnify the Government for any payments made or losses suffered by the Government on behalf of the Association. Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legal per- missible source. 5. T~'.at upon default in the payments of any principal and accrued interest on the bonds or in the performance of any cov- enant or agreement contained herein or in the instruments incident to making or insuring the loan, the Governnment at its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and pay- able, (b) for the account of the Association (payable from the source of funds pledged to pay the bonds or any other legally permissible source), incur and pay reasonable expenses for repair, maintenance, and operation of the facility and I such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession of the facility, repair, maintain, and operate or rent it. Default under the provisions of this resolution or any instrument incident to the making or insuring of the loan may be construed by the Government to constitute default under any other instrument held by the Government and executed or assumed by the Association, and default under any such instrument may be construed by the Government to constitute default hereunder. 6. Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therem, or permit others to do so without thp orior written consent of the Government. 7. Not to defeasethe bonds, or to borrow money, enter into any contract or agreement, or otherwise incur any liabilities for any purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the Government if such undertaking would involve the source of funds pledged to pay the bonds. 8. To place the proceeds of the bonds on. deposit in an account and in a manner approved by the Government. Funds may be deposited in institutions insured by the State or Federal Government or invested in readily marketable securities backed by the full faith and credit of the United States. Any income from these accounts will be considered as revenues of the system. 9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in good condition. 10. To provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance, and l':e establishment of adequate reserves. Revenue accumulated over and above that needed to pay operating and mainte- nance, debt service and reserves may only be retained or used to make prepayments on the loan. Revenue cannot be used t.., pay any expenses which are not directly incurred for the facility financed by FmHA. No free service or use of the f,cility will be permitted. 11. To acquire and maintain such insurance and fidelity bond covera~e as may be required by the Government. 12. To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to provide for required audit thereof as required by the Government, to provide the Government a copy.of each such audit without its request, and to forward to the Government such additional information and reports as it may from time to time require. 13. To provide the Government at all reasonable times access to all books and records relating to the facility and access to the property of the system so that the Government may ascertain that the Association is complying with the provisions hereof and of the instruments incident to the making or insuring of the loan. 14. That if the Government requires that a reserve account be established and maintained, disbursements from that account may be used when necessary for payments due on the bond if sufficient funds are not otherwise available. With the prior written approval of the Government, funds may be withdrawn for: (a) Paying the cost of repairing or replacing any damage to the facility caused by catastrophe. (b) Repairing or replacing short-lived assets. I (c) Making extensions or improvements to the facility. Any time funds are disbursed from the reserve account, additional deposits will be required until the reserve account has reached the required funded level. 15. To provide adequate service to all persons within the service area who can feasibly and legally be served and to obtain FmHA's concurrence prior to refusing new or adequate services to such persons. Upon failure to provide services which are feasible and legal, such person shall have a direct right of action against the Association or public body. 16. To comply with the measures identified in the Government's environmental impact analysis for this facility for the pur- pose of avoiding or reducing the adverse environmental impacts of the facility's construcEon or operation. 17. To accept a grant in an amount not to exceed $ 1.nOR_OOO.OO u:::der t~le terms offered by the Government; that the rnATRMAN and r.TFRK of the Association are hereby authorized and empowered to take all action necessary or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant; and to operate the facility under the terms offered in said grant agreement(s). --"~-~- ,',., ok~~~.~.'11oI-<., .;.:~~:lk;~u~,~-~,~~ 395 The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan, unless otherwise specifically provided by the terms of such instrument, shall be binding upon the Association as long as the bonds are held or insured by the Government or assignee. The provisions of sections 6 through 17 hereof may be provided for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling between the Association and the Government or assignee The vote was: Yeas If Nays () Absent I I IN WITNESS WHEREOF, the BOARD OF COMMISSIONERS . of the ~~AT. WATER ~ ~ DISTRICT OF ~~11 COUNTY has duly adopted this resolution and caused it to be executed by the officers below in duplicate on this 18TH day of JANUARY 94 ,19__ EAST CENTRAl. WA~ & SEWER DISTRICT i%~ (SEAL) B v ~ " ~ /' .~. SOrtRELL, JR.0 . Att~~. . Title CHAIRMAN ;- t V ~J '-t \ f I. ~.<l.c.- l.I . , t'vvv- i., Titl" rT .FRK CERTIFICATION TO BE EXECUTED AT lOAN CLOSING I, the undersigned, as of the hereby certify that the of such Association is composed of members, of whom , constituting a quorum, were present at a meeting thereof duly called and held on the day of , 19 _; and that the foregoing resolution was adopted at such meeting by the vote shown above. I further certify that as of the date of closing of the loan from the Farmers Home Administration, said resolution remains in effect and has not been rescinded or amended in any way. I Dated, this day of ,19_. Title ., .U.S.GPO:1990.0.717.014/22842 Form FmHA 1942-31 FORM APPROVED (Rtov. 12-89) OMB NO. 0575.0074 UNITED STATES DEPARTMENT OF AGRICULTURE FARMERS HOME ADMINISTRATION ASSOCIATION WATER OR SEWER SYSTEM GRANT AGREEMENT THIS AGREEMENT dated J.ANlli\RY 18 94 .,19 _, between -EAST rnITRAT. T1A'IEF ~ SEWER DISTRICT OF HAR~~n COUNTY a public corporation organized and operating under ARTICLE 6 of CHAt'T~K 162 A OF TIlE NORTII CAROLINA ~F.NF.R A 1. ~'T' A TIl'T'F.~ (Authorizing Statute) herein called "Grantee," and the United States of America acting through the Farmers flame Administration, Department of Agri- culture, herein called "Grantor," WITNESSETH: WHEREA~ I Grantee has determined to undertake a project of acquisition, construction, enlargement, or capital improvement of a (water) (sewer) system to serve the area under its jurisdiction at an estimated cost of $ 5.6QS.OOO.OO and has duly authorized the undertaking of such project. Grantee is able to finance not more than $ --1J)08:000.00 of the development costs through revenues. charges. taxes or assessments, or funds otherwise available to Grantee resulting in a reasonable user charge. Said sum of $ J : 608 = 000 . 00 has been comitted to and by Grantee for such project development costs. Grantor has agreed to grant the Grantee a sum not to exceed $ 2.000.000.00 or 35.10 percent of said development costs, whichever is the lesser, subject to the terms and conditions established by the Grantor. Provided. however. that the proportionate share of any grant funds actually advanced and not needed for grant purposes shall be returneJ immediately to the Grantor. The Grantor may tenninate the grant in whole. or in part, at any time before the date of completion, whenever it is determined that the Grantee has failed to comply with the conditions of the grant. 396 NOW, THEREFORE, In consideration of said grant by Grantor to Grantee, to be made pursuant to Section 306 (a) of the Consolidated Farm and Rural Development Act for the purpose only of defraying a part not to exceed 35.10 percent of the development costs, as defined by applicable Farmers Home Administration instructions. GRANTEE AGREES THAT GRANTEE WILL: I A. Cause said project to be constructed within the total sums available to it, including said grant, in accordance with the project plans and specifications and any modifications thereof prepared by Grantee and approved by Grantor. B. Permit periodic inspection of the construction by a representative of Grantor during construction. C. Comply with any measures identified in the Government's environmental impact analysis for this facility for the rur- pose of avoiding or reducing the adverse environmental impacts of the facility's construction or operation. D. Comply with all applicable state and federal laws and regulations and manage, operate and maintain the system, including this project if less than the whole of said system, continuously in an efficient and economical manner. E. Make the services of said system available within its capacity to all persons in Grantee's service area without discrimina- tion as to race, color. religion. sex, national origin, age, marital status. or physical or mental handicap (possess capacity to enter into legal contract for services) at reasonable charges, induding assessments, taxes, or fees in accordance with a schedule of such charges, whether for one or more classes of service. adOPted by resolution date JANUARY 18 , 19 94, as may be modified from time to time by Grantee. The initial rate schedule must be approved by Grantor. Thereafter, Grantee may make such modifications to the rate system as long as the rate schedule remains reasonable and nondiscriminatory. F. . Adjust its operating costs and service charges from time to time to provide for adequate operation and maintenance, emergency repair reserves, obsolescence reserves, debt service and debt service reserves. G. Expand its system from time to time to meet reasonably anticipated growth or service requirements in the area within its jurisdiction. H. Provide Grantor with such periodic reports as it may require and permit periodic inspection of its operations by a re- presentative of the Grantor. I. To execute Forms FmHA 400-1, "Equal Opportunity Agreement," and FmHA 400-4, "Assurance Agreement," and any other agreeme;:ts required by Grantor which Grantee is legally authorized to execute. If any such forms have been executed by Grantee as a result of a loan being made to Grantee by Grantor contemporaneously with the maki..,g of this Grant, another form of the same type need not be executed in connection with this Grant. J. Upon any default under its representations or agreements set forth in this instrument, or in the instruments incident to the awarding of the grant, Grantee, at the option and demand of Grantor, to the extent legally permissible, will repay to grantor forthwith the original amount of the grant received with the interest accruing thereon from the date of default at the market rate for water and waste disposal loan assistance in effect on the date hereof or at the time the default occurred, whichever is greater. Default by the Grantee will constitute termination of the grant thereby causing cancellation of Federal assistance under the grant. The provisions of this Grant Agreement may be enforced by Grantor, at its option and without regard to prior waivers by it of pre- vious defaults of Grantee, by judicial proceedings to require specific performance of the terms of this Grant Agreement or by such other proceedings in law or equity, in either Federal or State courts, as may be deemed necessary by Grantor to assure compliance I with the provisions of this Grant Agreement and the laws and regulations under which this grant is made. K. Return immediately to Grantor, as required by the regulations of Grantor, any grant funds actually advanced and not needed by Grantee for approved purposes. L. Use the real property including land, land improvements, structures, and appurtenances thereto, for authorized purposes of the grant as long as needed. I. Title to real property shall vest in the recipient subject to the condition that the Grantee shall use the real property for the authorized purpose of the original grant as long as needed. 2. The Grantee shall obtain approval by the.'Grantor agency for the use of the real property in other projects when the Grantee determines that the property is no longer needed for the original grant purposes. Use in other projects shall be limited to those under other Federal grant programs or programs that have purposes consistent with those authorized for sup- port by the Gran tor. 3. When the real property is no longer needed as provided in I and 2 above, the Grantee shall request disposition instructions from the Grantor agency or its successor Federal agency. The Grantor agency shall observe the followine rules in the disposition instructions: (a) The Grantor may be permitted to retain title after it compensates the Federal Government in an amount cO;;lputed by applYing the Federal percentage of participation in the cost of the original project to the fair market value of .he property. (b) The Grantee may be directed to sell the property under guidelines provided by the Grantor agency ano pay the Federal Government an amount computed by applying the Federal percentage of participation in the cost of the original project to the proceeds from sale (after deducting actual and reasonable selling and fix-up expenses, if any, from the sale proceeds). When the Grantee is authorized or required to sell the property, proper sales procedures shall be estab- lished that provide for competition to the extent practicable and result in the highest possible return. (c) The Grantee may be directed to transfer title to the property to the Federal Government provided that in such cases the Grantee shall be entitled to compensation computed. by applying the Grantee's percentage of participa- tion in the cost of the program or project to the current fair market value of the property. The Grmlt Agreement covers the following described real property (use continuation sheets as necessary). ALL TANK SITES, PUMP STATION SITES, ht!;TEK VAULT SITES, ALL RIGHTS-OF-WAYS OR EASEMENTS THAT ARE OBTAINED BY EAST CENTRAL WATER & SEWER DISTRICT OF HAIlliEH COUNTY BY NEGOTIATIONS, CONDEMNATIONS, OR PURCHASE OF EXISTING SYSTEMS. M. Abide by the following conditions pertaining to nonexpendable personal property which is furnished by the Grantor or acquired wholly or in part with grant funds. Nonexpendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $300 or more per unit. A Grantee may use its own definition of nonexpeildable I per~onal property provided such definition would at least include all tangible personal personal property as defined above. l. Use of nonexpendable property. (a) The Grantee shall use the property in the project for which it was acquired as long as needed. When no longer needed for the original project, the Grantee shall use the property in connection with its other Federally sponsored activ- itles, if any, in the following order of priority: (I) Activities sponsored by FmHA. (2) Activities sponsored by other Federal agencies. (b) During the time that nonexpendable personal property is held for use on the project for which it was acquired, the Grantee shall make it available for use on other projects if such other use will not interfere with the work on the project for which the property was originally acquired. First preference for such other use shall be given to FmHA sponsored projects. Second preference will be given to other Federally sponsored projects. -",:i'::;:-~;;i~;;;-:';~"';~~'i "~''''f:-:r:n~~ -~---'.-, ,.-- - -_._-~.~-~~ 397 3 2. Disposition of nonexpendable property. When the Grantee no longer needs the property as provided in- paragraph (a) above, the property may be used for other activites in accordance with the following standards: (a) Nonexpendable property with a unit acquisition cost of less than $1,000. The Grantee may use the property for other activities without reimbursement to the Federal Government or sell the property and retain the proceeds. (b) Nonexpendable personal property with a unit acquisiton cost of $1,000 or more. The Grantee may retain the property for other uses provided that compensation is made to the original Grantor agency or its successor. The amount of compensation shall be computed by applying the percentage of Federal participation in the cost of the original I project or program to the current fair market value of the property. If the Grantee has no need for the property and the property has further use value, the Grantee shall request disposition instructions from the original Grantor agency. The Gra.ltor agency shall determine whether the property can be used to meet the agency's requirements. If no require- ment exists within that agency, the availability of the property shall be reported, in accordance with the guidelines of the Federal Property Management Regulations (FPMR), to the General Services Administration by the Grantor agency to determine whether a requirement for the property exists in other Federal agencies. The Grantor agency shall issue instructions to the Grantee no later than 120 days after the Grantee request and the following procedures shall govern: (I) If so instructed or if disposition instructions are not issued within 120 calendar days after the Grantee's request, the Grantee shall sell the property and reimburse the Grantor agency an amount computed by applying to the sales proceeds the percentage of Federal participation in the cost of the original project or program. How- ever, the Grantee shall be permitted to deduct and retain from the Federal share $100 or ten percent of the pro- ceeds, whichever is greater, for the Grantee's selling and handling expenses. (2) If the Grantee is instructed to ship the property elsewhere the Grantee shall be reimbursed by the benefitting Federal agency with an amount which is computed by applying the percentage of the Grantee parti- cipation in the cost of the original grant project or program to the current fair market value of the property, plus. any reasonable shipping or interim storage costs incurred. (3) If the Grantee is instructed to otherwise dispose uf the property, the Grantee shall be reimbursed by the Grantor agency for such costs incurred in its disposition. 3. The Grantee's property management standards for nonexpendable personal property shall also include: (a) Property records which accurately provide for: a description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage (at the end of budget year) of Federal participation in the cost of the project for which the property was acquired; location, use and condition of the pro- perty and the date the information was reported; and ultimate disposition data including sales price or the method used to determine current fair market value if the Grantee reim burses the Grantor for its share. (b) A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization, and continued need for the property. (c) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft of nonexpendable property shall be investigated and fully documented. (d) Adequate maintenance procedures shall be implemented to keep the property in good condition. (e) Proper sales procedures shall be established for unneeded property which would provide for competition to the extent practicable and result in the highest possible return. TI,is Grant Agreement covers the following described nonexpendable property (use co/CItinuation sheets as necessary). ALL DISTRIBUTION LINES, ~lI!.KS, VALVES, FIRE HYDRANTS, WATER STORAGE TANKS, ALL BUILDINGS, I MASTER ~TI!.KS, AND ANY AND ALL OTIIER FACILITIES CONSTRUCTED OR PURCHASED BY EAST CENTRAL WATER & SEWER DISTRICT OF HAlllil!.TT COUNTY AS PART OF ITS INITIAL WATER DISTRIBUTION SYSTEM. N. Provide Financial Management Systems which will include: I. Accurate, current, and complete disclosure of the financial results of each grant. Financial reporting will be on an accrual basis. 2. Records which identify adequately the source and application of funds for grant-supported activities. Those records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income. 3. Effective control over and accountability fbT all funds, property and other assets. Grantees shall adequately safe- guard all such assets and shall assure that they are used solely for authorized purposes. 4. Accounting records supported by source documentation. O. Retain financial records, supporting documents, statistical records, and all other records pertinent to the grant for a period of at least three years after grant closing except that the records shall be retained beyond the three-year period if audit findings have not been resolved. Microfilm copies may be substituted in lieu of original records. The Grantor and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Grantee's government which are pertinent to the specific grant program for the purpose of making audits, examinations, ex- cerpts and transcripts. P. Provide information as requested by the Grantor to determine the need for and complete any necessary Environmental Impact Statements. Q. Provide an audit report prepared in sufficient' detail to allow the Grantor to determine that funds have been used in compliance with the proposal, any applicable laws and regulations and this Agreement. R. Agree to account for and to return to Grantor interest earned on grant funds pending this disbursement for program purposes when the Grantee is a unit of local government or a nonprofit organization. States and agencies or instrumentalities of states shall not be held accountable for interest earned on grant funds pending their disbursement. S. Not encumber, transfer or dispose of the property or any part thereof, furnished by the Grantor or acquired wholly or in part with Grantor funds without the written consent of the Grantor except as provided in items K and Labove. T. Include in all contracts for construction or repair a provision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.e. 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). The Grantee shall report all suspected or reported violations to the Grantor. U. In construction contracts in excess of $2,000 and in other contracts in excess of S2,500 which involve the employment of mechanics or laborers, to include a provision for compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.s.e. 327-330) as supplemented by Department of Labor regulations (29 CFR, Part 5). V. To include in all contracts in excess of S I 00,000 a provision that the contractor agrees to comply with all the req uire- ments of Section 114 of the Clean Air Act (42 U.S.e. ~1875C-9) and Section 308 of the Water Pollution Control Act (33 U.S.c. I ~ 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 of the Clean Air Act and Section 308 of the Water Pollution Control Act and all regulations and guidelines issued thereunder after the award of the contract. Such regulations and guidelines can be found in 40 CFR 15.4 and 40 FR 17126 dated April 16, 1975. In so doing the Contractor further agrees: I. As a condition for the award of contract, to notify the Owner of the receipt of any communication from the Envi- ronmental Protection Agency (EPA) indicating that a facility to be utilized in the performance of the contract is under con- sideration to be listed on the EPA list of Violating Facilities. Prompt notification is required prior to contract award. 2. To certify that any facility to be utilized in the performance of any nonexempt contractor subcontract is not listed on the EPA list of Violating Facilities pursuant to 40 CFR 15.20 as of the date of contract award. 3. To include or cause to be included the above criteria and the requirements in every nonexempt subcontract and that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. As used in these paragraphs the term "facility" means any building, plan, installation, structure, mine, vessel or other floating craft, location, or site of operations, owned, leased, or supervised by a Grantee, cooperator, contractor, or subcontractor, to he utilized in the performance of a grant, agreement,contract, subgrant, or subcontract. Where a location or site of operation contains or in- cludes more than one building, plant, installation, or structure, the entire location shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are co-located in one geographical area. -----...- 398 W. The following clause is applicable to nonprofit organizations: As a condition of this Grant or Cooperative Agreement, the recipient assures and certifies that it is in compliance with and will comply in the course of the Agreement with all applicable laws, regulations, Executive Orders and other generally applicable requirements, including those set out in 7 CFR 3015.205(b), which hereby are incorporated in this Agreement by reference, and such statutory provisions as are specifically set forth herein. GRA~nOR AGREES THAT IT: A. Will make available to Grantee for the purpose of this Agreement not to exceed S 2.000.000.00 which it will advance to Grantee to meet not to exceed 35.10 percent of .the development costs of the projcct in accordance I with the actual needs of Grantee as determined by Grantor. B. Will assist Grantee, within available appropriations. with such technical assistance as Grantor deems appropriatc in planning the project and coordinating the plan with local official comprehensive plans for sewer and water and with any State or area plans for the area in which the project is located. e. At its sole discretion and at any time may give any consent, deferment, su bordination, release. satisfaction, or termina- tion of any or all of Grantee's grant obligations, with or without valuable consideration, upon such terms and conditions as Grantor may determine to be (I) advisable to further the purpose of the grant or to protect Grantor's financial interest thercin and (2) COil. sistent with both the statutory purposes of the grant and the limitations of the statutory authority under which it is made. TERMI:--lATlON OF THIS AGREEMENT This Agreement may be terminated for cause in the event of default on the part of the Grantee as provided in Paragraph [ above or for convenience of the Grantor and Grantee prior to the date of completion of the grant purpose. Termination for con- venience will occur when both the Grantee and Grantor agree that the continuation of thc project will not produce beneficial results commensurate with the further expenditure of funds. I~ WITNESS WHEREOF Grantee on the date' first above written has caused these presencc to be executed by its duly author- ized CHAIRMAN and attested and its corporated seal affixed by its duly authorized CT .FRK A r;'EST: ~', By{(;( ~~L By '--f,~ W. LJ ~ G .L. SOAAELL, JR. P CLERK CHAIRMAN (Title) (Title) I UNITED STATES OF AMERICA FARMERS HOME ADMINISTRA nON ~y JACKIE E. McLAMB DISTRICT DIRECTOR (Title) FORM APPROVED OMB No. OS7S-0018 UNITXD STATES DEPARTIIENT OF AGRICULTURE Fonn FmHA 400-1 (Rev. 7-19-8::') FARMERS HOME ADMINISTRATION EQUAL OPPORTUNITY AGREEMENT Thi s agreement, dat ed .........~~~'X'..J.~.,....!29.~......_ .........._.............._. ._.........._. ..............................___ ........ _............. bet ween EAST CENTRAL WATER & SEWER DISTRICT ._............~..._...........-...__......................_....-...-......................................-........-............-................-.................-..............-..-....................-........-....................................................... (herein called "Recipient" whether one or more) and the Farmers Home Administration, United States Department of Agriculture, pursuant to the rules and regulations of the Secretary of Labor (herein called the 'Secretary') issued under the authority of Executive Order 11246, as amended, witnesseth: In consideration of financial assistance (whether by a loan, grant, loan guaranty, or other form of financial assistance) made or to be made by the Farmers Home Administration to Recipient, Recipient hereby agrees, if the cash cost of construction work performed by Recipient or a construction contract financed with such financial assistance exceeds $10,OOO--unless exempted by rules, regulations or orders of the Secretary of Labor issued persuant to Section 204 of Executive Order 11246 of September 24, 1965. I 1. To incorporate or cause to be incorporated into any contract for construction work, or modification thereof, subject to the relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid for in whole or in part with the aid of such financial assistance, the following "Equal Opportunity Clause": During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national ori~in. Such action shall include, but not be limited, to the following: employment, upgracing, demotion or transfer; rec"l.itment or recruitment advertising; layoff or termination; rates of payor other forr.;s of compensation; and selection for training, includir.g apprenticeship. The contractor agrees to post in cons;icuous places, available to z.,ployees and applicants for employment, notices to be provided by the Farmers Home Administration setting forti. the provisions of this nondiscrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. ~ --'- ...!~...."..,.,..-..",~_._.__._~-- .--.,.-.....,.,,-~ --- ~.-- 399 (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Farmers Home Administration, advising the said labor union or workers' representative of the contractor's commitments under this agreement as required pursuant to section 202(3)- of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of all rules, regulations and relevant orders of the Secretary of Labor and of any prior authority which remain in effect. (e) The contractor will furnish all information and reports required by Executive Order U246 of September 24, 1965, rules, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the I Farmers Home Administration, Office of Equal Opportunity, U. S. Department of Agriculture, and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. ({) In the event of the contractor's noncompliance with the Equal Opportunity (Federally Assisted Construction) clause or with any of the said rules, regblations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government Contracts or Federally Assisted construction contracts in accordance with procedures authorized,in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as provided by Law. (g) The contractor wiU include the provisions of this Equal Opportunity (Federally Assisted Construction) clause in every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each such subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the F.armers Home Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided. 1JpWp.vp.{, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor a8 a result of such direction by the' Farmers Home Administration, the contractor may request the United States to enter into such litigation to protect the interest of the United States. 2. To be bound by the provisions of the Equal Opportunity Clause in construction work performed by Recipient and paid for in w'nole or in part with the aid of such financial assistance. 3. To notify all prospective contractors to file the required 'Compliance Statement', Form FHA 400-6, with their bids. 4. Form AD-425, Instructions to Contractors, will accompany the notice of award of the contract. Bid conditions for all nonexempt Federal and Federally assisted construction contracts require inclusion of the appropriate "Hometown" or "Imposed" plan affirmative action and equal employment opportunity requirements. All bidders must comply with the bid conditions contained in the invitation to be considered responsible bidders and hence eligible for the award. 5. To assist and cooperate actively with the Farmers Home Administration and the Secretary in obtaining the compliance of contractors and subcontractors with the provisions of the Equal Opportunity Clause and the said rules, regulations, and orders, to obtain and furnish to the Farmers Home Administration and the Secretary, Form AD-560, Certification of Nonsegregatf!d Facilities, to submit the Monthly Employment Utilization Report, Form CC-257, as required and such other information as they may require the ~pervision of such compliance, and to otherwise assist the Farmers Home Administra- tion in the discharge of its primary responsibility for securing compliance. 6. To refrain from entering into any contract, or extension or other modification of a contract, subject to such Executive Order with a contractor debarred from Goverr.ment contracts or federally assisted construction contracts pursuant to Part II, I Subpart 0, of such Executive Order or to prior authority; and to carry out such sanctions and penalties for violation of the provisions of the Equal Opportunity Clause as may be imposed upon contractors and subcontractors by the Farmers Home Administration or the Secretary pursuant to such Subpart D. 7. That if Recipient fails or refuses to comply with these undertakings, the Farmers Home Administration may take any or all of the following actions: (a) cancel, terminate, or suspend said financial assistance in whole or in part; (b) refrain from extending any further assistance under the program involved until satisfactory assurance of future compliance has been received from Recipient; and (c) refer the case to the Office of Equal Opportunity, U. S. Department of Agriculture for appropriate action. '. Witness the due execution hereof by Recipient on this, the date first above written. Recipient Recipient ~A~~ rF.NTRAT. WA~ ~ SEWER DISTRICT (CORP. DRAT: SEAL) Name of ~o~or~ert~ . / Attes~:/ I y j '-IJ By h ~ 11 ~ .,c. V I~ " /' H. L: SOORELL, JD1 President . Sec~ary 7 ." 'U.S. GPO: 1991.554-<Xl9/oI30111 USDA-fI11H^ Position 3 Form FmHA 400~ (Rev R-2q-79) ASSURANCE AGREEMENT (Under Title VI. eiyil Rights Act of 1964) I The EAST CENTRAL WATER & SEWER DISTRICT --.. __'n. .------. ---- __. ------ --.--. -- .- --.- __n. -- - ----- --.-- ---------i~a~;;-;;T-;~-~.ipT~;:,t)------------.--------..---------.-------.---------.---------- ----------.------- , m_______.___._________ .__.n ._. .___m__m___ ___ _m. .m~_:p.:___.~~__?~2_m.~!~!~'!Q~,_..!!9._.__.?Z_?_~~__ .. .... . (address) --------..----------.-.--.------------.-------.---- . (Re':lr'ent !ll'r'~II1) Iwreh) assures .the U. S. Department of Agriculture that Recipient is in compliance with and will wnttllllC to IXllllplv with Tille Viol the Civil Ri"hts Act of 1964 (4'" use "'000' . d et se(l) 7 erR IJa t 15 d F Ii 'A I ..:. tJ - . .;. .,. , . I' , an armers onH.: . ll111nls!ratlOn regulatIOns. l~rotl1l1lgated thereunder. 7 C.F.R. 51901.202. In accordance with that Act and the regufatlo:~s relerrcd to anove. ReCipIent agrees that in connection with any program or activity for which Recipient receives F'e.dcr~1 t~~lanclal.assJstance. (:15 SUCll term is d~fined in ~ ~'.F.~. ~.14.2) no person in the United States shall, on the ground of ral.:c.. l.:oll.,: III national ongll1. he excluded trom partiCIpatIon Ill, be denied the benefits of. or be otherwise subJ'ected to dlSCrJllllllat 1011. J. ~<'~ipiellt agrees that any transfer of any ajded facility, other than personal nroperty. by sale. lease or other l.:Onveyall~e or- cont~acl. shall ?e. anu shall be made expressly, subject to the ~bligations of this agreement and tr:Jl1stcrcc s asslImptlOn therp(ll. 400 2. Recipient shall: (a I Keep such record, and submit to the Government such timely, complete. and accurate information as the Government may determine 10 he necessary to ascertain our/my compliance with this agreement and the regulations_ (b) Permit :lCCCSS by authorized employees of the Farmers Home Administration or the U.S. Department of A~ric'ullUre during nonn:ll busmess hours to such books. records. accounts and other sources of information and its f:l-:ilitic,; :\s Imy be pertinent to ascertaining such compliance. (d Make available to user~. participants. beneficiaries and other interested persons such information regarding the prlwisions of this agreement and the regulations, and in such manner as the Farmers Home Administration or the l' .S. Departmenl of Agriculture finds necessary to inform such persons of the protection assured them against discrimtna t ion. I 3. The ohl:gations of this agreement shall continue: (a) As 10 any real property, including any structure. acquired or improved with the aid of the Federal financial assistance. ~o long as such real property is used for the purpose for which the Federal financial assistance is made or for another purpose which affords similar services or benefits. or for as long as the Recipient retains ownership or possession of the property, whichever is longer. (b) As to any personal property acquired or improved with the aid of the Federal financial assistance, so long as Recipient retains ownership or possession of the property. (.;) As to :lny other aided facility or al:livity, until the last advance of funds under the loan or grant has been made. J.. Upon any tll'each or violation of this agreement the Government may, at its option: (al Termin:.!le 01 refuse to render or continue tlnancial as.'Iistance for the aid of the property, facility, project, scrvice ill' activity. (hI Enforce this agreement by suit for spedfic performance or by any other available remedy under the laws of the Ullited Slates ()f' the State in which the breach or violation occurs. Righls and remedies provided lor under this agreement shall be cumulative. I n wi t !lI?S~ W he 1 t' l' f, .._.." n....-~_1:.-G.EN!RAL--WATER..-&--.s.EWER-,'!MS.TRIGt.-----.--------------------.--__.___________________.__ on this r..amE' of rec.puml d"te 11:.1' '. a'lsn~ I ,',1, ~1'!rCe Illcn! t () he executed hy its duly authorized officers and its seal affixed hereto. or. if a natural pCr~0~i. has hereun:u executeu this a!!rcemeni. ----EAST--CENTRAL-.wAIER--~._SF.'WER--!)lS_mIGi,---,--,------ eClpler:t (S F A L) __J.mIAB."i__l.e...1__J_29._4____________.____.______________ _______________ ___________ ~" I I Date ^'t"t-n:fu-e-"~,,"~-uJ.I-b::::"Y _~Q!!\L~~--_----------jTtk-- ,U,S.GPO:197;1-0-665-<lttll'i59 U Titl ------~ -- - -- --fii - ---- ------------------n-n--- r; ,. ReCIpient I .. ./ USDA-FmHA REQUEST FOR OBLIGATION OF FUNDS Form FmHA 1940-1 (Rev. 9-93) INSTAucljOt$-.iYr'"'" f't"'. '.J . ' · A ~., l' t't; JJj f<. .' 1: , ; I t.., €' H;., it'\!> .t"., r~f'; .. 'k-,: """-"; ~' ,~..; .. Com ........... . .......l ....,".".. '. A'1 "". ""!..... /'. .. '"'' ..\'~'" ;. "~~ .. ':' ., ...... ....P.. ".~..." . '.';' '...;......,-'<'.. _';",,~., .l......\~ ,f:!"l;..." .J.~ ~ ,<" ......J.~'Yi.>Q.' ~""~~~<'~~'\!'(}' n~~~ '1..~ 1. CASE NUMBER LOAN NUMBER FISCAL YEAR S T C 0 BORROWER 10 3,8101413101516111616171314141 1 I 1 I 2. BORROWER NAME 3. NUMBER NAME FIELDS EIAISITI IC,E,NITIRIAILI IW I ~ Tl E R, I I I I 2 I (l.2.or3fromltem2) 4. STATE NAME A,N,D, ,8,E,W,E,R, ,D,I,8,TlR,IlC,Tl J J J I N 10 1 RI TI HI ICIAIRIOILIIINIAI I 1 I 5. COUNTY NAME , I I I I I I I 1 , 1 ,tJeJ~~R~~~~;~?~.~l!~k)~~~;.;,~~~}p~~<~ > J!fi;f\1t:;E":'r'\'l~1 6. RACE CODE 7. EMPLOYEE RELATIONSHIP CODE 8. SEX CODE 4 - ORGANIZATION - 9. MARITAL STATUS 1 - WHITE 4 - HISPANIC (See FMI) 3 - CLOSE 1 - MALE MALE OWNED 1 - MARRIED I z. .. BLACK S - AlPI ' 1 - EMPLOYEE RELATIVE Z - FEMALE 5 - ORGANIZATION - 2 - SEPARATED .3-^"AN 2 - MEMBER OF FAMILY 4 - ASSOC. 61 3 - FAMILY FEMALE OWNED I 3 - UNMARRIED (INCLUDES . UNIT 6 - PUBLIC BODY WIDOWED OR DIVORCED) 10. VETERAN CODE I 11. CREDIT REPORT 12. DIRECT PA YMENT 13. TYPE OF PAYMENT 14_ FEE INSPECTION I l-YES 2 l' - YES 11 21' - MONTHLY 3 - SEMI-ANNUALLY 21 I-YES I 2-NO 2-NO 2 - ANNUALLY 4 - QUARTERLY 2-NO 1 &.. INTEREST C'flEDIT 16. COMMUNITY SIZE 17. DWELUNG TYPE/USE OF FUNDS CODE 1 - 10.000 OR LESS l' .- YES (FOR SFH ONLY) I 2 - OVER 10.000 I Z-NO (FOR SPH AND HPGONLYI ~ \ 5 (SeE' FM/) .., 1>lfl . " ~ .' "- \ """''''Io~'tOMPt:EtEFoR'oIiUClA11ONdI='FUNIJ8~~~.~~i''''.t'~'~tf..:. " ," I" . '.' . ,- . ,:J!." :'~ <' ,"'t -',~;;",'I"', "~'''''''''' '~' ...,', "iii< (" ',j'- .W"', ~(:V:t,",>iti.,"..'" 18. TYPE OF ASSISTANCE 19. PURPOSE CODE 20. SOURCE OF FUNDS 21. TYPE OF AciJON I 1 - OBLIGATION ONLY 016111 2 - OBLlGATIONICHECK (See FM/J I 2/ I REQUEST 1 1 3 - CORRECTION OF OBLIGATION 22. TYPE OF SUBMISSION 23. AMOUNT OF LOAN 24. AMOUNT OF GRANT 11 1 - INITIAL ,3J6, 0, 81 0,0101010" 2 - SUBSEQUENT ,2Jo,0,oSo,0,olo,01 I 25. AMOUNT OF 26. DATE OF APPROVAL 27. INTEREST RATE 28. REPAYMENT TERMS IMMEDIATE ADVANCE MO OA VR , J I 1 , ~Jo}ol I I~~~~~~F.~;~~. ..0(% I I" ...,_t!n_~ ~,'f.,,'';; r- < ,..,.' .. -. ..~..'" . ~,' , 29. INCOME CAT,,; 30RY 30. LOW INCOME UMIT - MAX. ,,". ADJUSTED FAMfL Y INCOME I I - VERY LOW 3 - MODERATE J lOlol J ,oJo,ol Z - LOW 4 - ABOVE MODERATE f r r , , 32. R.E. INSURANCE 33. R.E. TAXES 34. R.E.. TAXES 35. NOTE INSTALLMENT 1st Yeaf 2nd Yeaf INELIGIBLE I I , r Jo,ol ~ , , JO,ol ~ 1 1 Jo,ol ~ 1 I JOlol 401 r 36. TYPE OF UNIT [I - FARM TRACT 2 - NON-FARM TRACT ~ .~.i!QItCc~,i1nl~JiIil..:-,. ;.,' .}...~ ~ . ~r;v\.iO ,. -:';1- l~ ,Ai':.~ . ,. t f~ t..~.\-~ ',. , ,.. 37. TYPE OF APPLICANT 38. PROFIT TYPE 4 - PUBLIC BODY 7 - OTHER 5 - ASSOCIATION OF FARMERS I 6 - ORGANIZATION Of' FARM WORKERS ::~ . .~. ~ 39. DISASTER DESIGNATION NUMBER 40. TYPE OF SALE 41. OBLIGATION DATE 42. BEGIHNING FARMERlAANCHER MO DA VA I I -I 1 )-1 I I I (See FMI) If the decision CO/l/ained a/lO\'e ill Iilisform reslllls ill denial. reduclion or cancel/ation of FmHA assistance. you may appeal this decision and hal'e a hearing or you may request a redew inliell ofa ilearing, Please IIse Ihe form we have included for this purpose. CER .ar.CA nON APPROVAL For All Fanner Programs EM, OL, FO, and SW Loans This loan is approved subject to the availability of funds. If this loan does not close for any reason within 90 days from the date of approval on this document, the a......." lal official will request updated eligibility information. The undersigned loan applicant agrees that the att,.val official will have 14 working days to review any updated information prior to submitting this document for obligation of funds. If there have been significant changes that would affect eligiblity a decision as to eligibility and feasibility will be made within 30 days from the time the applicant provides the necessary information. If this is a loan a....," val for which a lien and/or title search is necessary, the undersigned applicant agrees that the 15- working-day loan closing requirement may be exceeded for the purposes of the applicant's legal representative completing title work and completing loan closing. 43. COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIAL APPROVAL IS SUBJECT TO THE REQUIREMENTS OF TIIE w.nER OF CONDITIONS DATED I FmHA INSTRUCTIONS: FORM FmHA 1942-13, PROCESSING CHEXA<LIST: LOAN CLOSING INSTRUCTIONS ISSUED BY THE OFFICE OF GENERAL COUNSEL: AND, THE AVAILABILI1Y OF LOAN AND GRANT FUNDS. 44. I HEREBY CER lit' f that I am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in or near my community for loans for similar purposes and periods of time. I agree to use, subject to and in accordance with regulations applicable to the type of assistance indicated above, and request payment of the sum specified herein. I agree to . "'I' "".. to FmHA any material adverse changes, financial or otherwise'~ that occur prior to loan closing. I certify that no part of said sum has been received. I have reviewed the loan approval requirements and comments associated with this loan request and agree to comply with these provisions. (For SFH & FP loans at eligible terms only) If this loan is approved, I elect the interest rate to be charged on my FmHA loan to be the lower of the interest rate in effect at the time of loan approval or loan closing. If I check "NO" , the interest rate charged on my loan will be the rate specified in Item 27 of this form. YES NO WARNING: SECnON 1001 0' Title 18, United St.t.. Cod. provide.: "Whoever, In .ny matter within the Jurl.ldlctlon ot any deputment or agency ot the United S..t.. knowingly and willfully talaHln, conceala or cover. up.... ma..rI.1 t.ct or mak.. .ny tal.., flct"lou. or fr8udulent statementa or r.pre..ntatlon., or m.ke. or u... any tal.. w,"lng or document knowing the ..me to con"ln any 'al.., flctltlou. or 'r.udulent .....ment or .ntry, .hall be fined not more th.n $10,000 or Imprl.oned not more th.n 5 ye.r., or both." )- / 'JI ,19~ ;;r.t.~ ANDr DISTRICT Da~e BY:. "", ,.. . If.' SO , 'P' (Signature of Applicant) Date / -I ~ :/J ~ CHAIRMAN ATTESTED: --:}h'.J-<J...o,;r.. . '-( '~~ (Signature of eo-Applicant) CLERK 45. I HEREBY CERTIFY that all of the mmittee and administrative determinations and certifications required by Farmers Home Administration regulations prerequisite to providing assistance of the type indicated above have been made and that evidence thereof is in the docket, and that all requirements of pertinent regulations have been complied with. I hereby approve the above-described assistance in the amount set forth above, and by this document, subject to the availability I of funds, the Government agrees to advance such amount to the applicant for the purposes of and subject to conditions prescribed by Farmers Home Administration regulations applicable to this type of assistance. (Signature of Approving Official) Date Approved: Tille: 46. TO THE APPLICANT: As of this date , this is notice that your application for the above financial as- sistance from the Fanners Home Administration has been approved, as indicated above, subject to the availability of funds and other conditions required by the Fanners Home Administration. If you have any questions contact the County Supervisor. ---~ --'- 402 EAST CENTRAL WATER & SEWER DISTRICT RESOLUTION NO: In order to meet a portion of the Letter of Conditions, from Farmers Home Administration, dated January 18, 1994, the Board I of Commissioners of the East Central Water & Sewer District, hereby adopts the following environmental measures to avoid adverse environmental impact: A. Floodplain Impact The district will adopt a "NO TAP" policy in floodway areas and in floodplain areas where flood insurance is not available at reasonable rates. B. Impact Wetlands Future service restrictions adopted and enforced by the district: The District will not install a new water service or will not agree to otherwise provide water service to any structure, dwalling, building or other improvements, which is located in w~~le or in part with designated wetlands, and which is not already existing, established and completed on or before the final completion date and placement in operation of the proposed improvements. Designated wetlands for the district's services area are identified on National Wetlands Inventory Maps prepared by the U.S. Department of Interior, Fish & Wildlife Service. These maps in their most updated form are to be maintained on permanent file at the central office of the district. C. Farmland Impact The District adopts this resolution stating that the sanitary I district will not install future water service taps, larger than normal residential size, to non-agricultural development on important farmland in any of the following waterline corridors with written concurrence of the Farmers Home Administration: SR 1705 from NC 27 to SR 1704 SR 1542 from SR 1543 to SR 1510 SR 1510 from SR 1542 to SR 1403 SR 1403 from SR 1510 to SR ~ ~...,- The district further agrees to select future well and tank sites, pump stations, etc. to avoid conversion of prime or important farmland., This resolution to become a part of the official minutes of the Board 0:\, ~,~mm~,s~.~?ners, meeting held Januat;y "18 ,J99i. Motion made by (, '. ~l d 0 IId~'~Y',,w"L_ and seconded by ,-}~.t-. ~t"z.~ -d....1.-..-1 that the Resolution be approved. Motion pasSed ~ for and (' a<;JaTnst. , . ....-J~. /4/ L . ..;, i '_ ~, '. ,. 'f" . . "" ~(! '-I,' \, . / . ,/ . n ~/ /h V L ~- vl~'\-, [J, \./ J1/V"~' /!J5; ,"" , ,<~ ;~,., .c, . 1 ATTEST . j / .'CHAIRMAN :/ ,/ ~/ EAST CENTRAL WATER & SEWER DISTRICT OF HARNETT COUNTY RESOLUTION NO: BE IT RESOLVED 1 I Let it be known that the Board of C"'&lU"issioners of the East Central Water & Sewer District of Harnett County, hereby, accepts the conditions set for in a Letter of Conditions dated January 18, 1994, and Form FmHA 1942-47, Loan Resolution dated January 18, 1994; That the Board of Commissioners of the East Central Water and Sewer District approves as shown on the Form FmHA 442-7, Operating Budget dated January 13, 1994. 403 That the Chairman and Clerk be authorized to execute all forms necessary to obtain a loan from FmHA, including, but not limited to the following forms: Form FmHA 1942-47 Loan Resolution Form FmHA 1942-46 Letter of Intent to Meet Conditions Form FmHA 442-7 Operating Budget I Form FmHA 400-4 Assurance Agreement Form FmHA 400-1 Equal opportunity Agreement Form FmHA 1940-1 Request for Obligations of Funds Form FmHA 1910-11 Applicant certification Federal Collection policies Form AD-1047 certification 'Regarding Debarment Form AD-1049 Certification Regarding a Drug- Free Workplace... Form FmHA 1942-31 Grant Agreement Exhibit A-1, 1940-Q Lobbying certification That if the interest rate charged by FmHA should change between this date and the date of actual approval, the Chairman and Clerk be authorized to execute new forms reflecting the current interest rate and revised payments as required by FmHA. That the Board of Commissioners elects to have the interest charged by FmHA to be the lower of the rate in effect at e~ther the time of loan approval or loan closing. The proposed rate schedule for water use is as follows: Minimum-$10.00 and $2.04/1000 gallons of water usage The resolution to become a part of the official minutes of the Board of....9ommissionel:~ {lmeeting held January ~ 199.~.. ,rtion made by l~-Lv-(:..x. IJ.t.rLf and seconded by., ~ '-1~.t, ,v--' that the Resolution be approved. Motion paSsed 4- for and 0 against. .~ (:vV_~~'_ y~i '-[. /1<--6 // L'~ L I AT'l.'EST ; / '/' CHAI:- . L/ EAST CENTRAL WA ! R & SEWER DISTRICT USDA-FmHA Polition J Form FmHA 442-7 Schedule 1 (Rev. 8-12-76) OPERATING BUDGET Name I Address EAST L.l2'UKAL WATER & SmER DISTRICT P.O. BOX 1119. LILLINGTON Applicant Fiscal Year County State (Including ZIP Code) From JULY 1 To JUNE 1 HAR~I!.J.J. NC 27546 1993-94 1994-95 1995-96 '.9 First Full Year OPERATING INCOME (1) (2) (3) (4) (5) 1. WATER SALES -0- 100.000 200.000 444.252 2. TAP-ON j;t'I!.ES 30.000 50.000 ?O.OOO 3. 4. 5. Miscellaneous 6. Less: Allowances and ( ) ( ) ( ) ( ) ( ) Deductions 7. Total Operatin~ Income 30.000 150.000 250.000 444.252 (Add Lines 1 trough 6) OPERATING EXPENSES EMPLOYEE 8. SALARIES & EXPENSE 15.000 48.000 72.700 72.700 I 9. OFFICE & ADM. EXP. 1. 000 3.000 7.000 7.000 10.,MSC:. EXPENSES 1.000 1.000 10.000 1 WOO It.UTILITIES 500 3.000 7.000 8.000 t2.MAINrENANCE -0- 1. 000 2.000 4.000 13. SUPPLIES. CHEMS. . ETC 500 1.000 1.000 2.000 14.Wm:R PURCHA..C)E -0- 27.600 60.000 I 1.20.000 15. Interest (FmHA) -0- 1.44.320 164.<n,S 16. De;>reciation lR4.910 17. TOLal Operatinl Expense 18.000 232,920 .l24 filS (AC:d Lmes 8 trough 16) 4~() 18. NET OPERATING INCOME J J (LOSS) (Line 7 le1l17) 12.000 -82.920 -74.615 33.342 I . 404 NONOPERAT~G INCOME 19. 20. 21, Total NonoEerating Income (Add 19 an 20) 22, NET INCOME (LOSSJ (Add Lines 18 and 21 I (transfer to line A Schedule u.. noo -R2.920 -74,,615 33.342 i' 4% BAN NOTE 3,608,000 = 144, 320 ~d Proj.<ted c1fOW Approved by Governing Body 5.125% FmHA X 3,608,000 = 184,910 ~ ~ / ~(BAN RATE) + ~(FmHA RATE)1995-~Hest. ~ .' . ~/ 1-18-94 72,460 + 92,455 = 164,915 #/ ~. ~"'" 0... L .~~ 1-18-94 / ;, ~~prOPrillte Official Date TAP ON !"I!.I!.S TO BE USED FOR ADDITIONAL EQUIPMENT PUR I~I!.I!.VS FOR PROJECT NOT COVERED IN FmHA LOAN/GRANT REQUEST ' Schedule 2 PROJECTED CASH FLOW 19 93-94 1994-q5 1995-96 First 19 Full Year A. Line 22 from Schedule 1 Income (loss) 12.000 -82.920 -74.615 33.342 Add B. Items in Operations not ReQuiring Cash: 1. Depreciation (line 16 Schedule 1) 2. Others' C. Cash Provided From: 1. Proceeds from FmHA loan/grant 5.EC6.aD 2. Proceeds from others 90 ,000 3. Increase (Decrease) in Accounts Payable, Accruals and other Current Liabilities 4. Decrease (Increase) in Accounts Receivable, Inventories I and Other Current Assets (Exclude Cash) 5. Other' BAN 3.EC6.aD 6. = Total a~: A, Band C Items 102,000 3. 525.<ID 5.533,385 33.342 D. E. ~: Cuh Expended for:, 1. All Construction, Equipment and New Cd'jital Items 90.000 3.371.100 2. aD. aD (loan and Grant funds) ~ot inclu in~ 2 ~dd' . o~q1ier st . . Itlons to roperty, 42.000 40.000 Plant and Equipment(From Tap-On Fees) 3. Principal Payment FmHA Loan ..J2., ') 80 4. Principal Payment Other Loans 3.EC6.aD 5. Other: REPAY BAN 6. Total E 1 through 5 90.000 3.413.100 5.~.aD Add N/A N/A F. Beginning Cash Balances 12.000 123.980 G. Ending Cash Balances (Total of D Minus E 6 Plus F) S 12.000 s123.980 s 9.365 s s 762 Item C Cash Balances Composed of: Construction Account S S S S S Revenue Account Debt Payment Account LQL O&M Account Reserve Account 9 . JQ.L Funded ~reciation Account Others: ' DITIONAL EOUIPMENT PURCHASE 12.000 .- CONS'?:"~UCTION I~lEl{EST ACCOUNr l2J.qAO_ - Total - Agre'!.s with Item G 1l2... om $1 ?'L qAQ ,s 9.365 s s 762 I J Instructions - Operating Budget Schedule I This form is to be prepared by the Applicant and is to include data for each year, from loan closing through the first full year of operation. Example: If only two colums are required, use columns four (4) and five (5). Income and exp~nse Items: All data entered should be on the same basis as theApplicant's Accountin~ records, i.e" cash basis, accrual basis, etc.. Operatin~ Income: lines 1-5 List types of income as appropriate. line 6 - Allowances and Deductions: (Pertains generally to Health Care Institutions, and represents the difference between Gross Income and Amounts Received or to be Received from patients and third party payors) , . - 405 Operating Expenses lines 8-14 List types of expenses as appropriate. line I S - Interest FmHA (interest expense incurred on FmHA note(s)). line 16- Depreciation (total depreciation expense for the year) line 18 - Net Operating Income (Loss)) (this amount represents the net operating income or loss before adding income not related to operations below) Non Operatinll; Income lines 19-20 (indicate items of income derived from sources other than regular activities, Ex: interest earned) line 22 - Net Income (Loss) I (this amount is also transferred to item A Schedule 2 Projected Cash Row Statement) Instructions - Projected Cash Flow, Schedule 2 This form is used to Project the Flow of Cash by the Applicant for each year, from loan ~losing through the first fuD year of operation. Use the same number of columns as used on the Operating Budget, Schedule I. These Cash Row Projections are important in determining the adequacy of cash to cover operating expenses, transfers to debt payment, reserve accounts, etc.. Cash Basis Accountin~ Applicants who maintain their records strictly on the cash basis of accounting aud have no Accounts Receivable and Accounts Payable, may only need to complete the foDowing line items: A, B-1, C.I, E.I and E-3, F and G. Une Item Instructions line A - Bring forward the income or toss as entered on line 22, schedule 1. line B -' Add back any depreciation or other non cash items included on Schedule 1, Operating Budget. line C - Complete items C-I through C-6 as appropriate, for item changes which provide for increase in cash balances. NOTE: Do not include changes in cash Accounts in Current Assets of item C4. Lines C-3 and C4 will in- dicate the changes in Working Capital (Current Assets and Current Liabilities, Exclusive of Cash.) line D - Enter the Net Total of aD A, Band C items. line E - Complete items E-I through E-6 as appropriate for items for which cash was expended. line F - Enter the Beginning Cash Balance(s) for the period. line G - The total of item D less F,-6 plus F wiD be the Ending Cash Balance(s). This total will be reconciled by balances in the various accounts, i.e., construction, revenue, debt, etc.. i I U.S. DEPARTMENT OF AGRICULTURE CERTIFICATION REGARDING I DRUG-FREE WORKPLACE REQUIREMENTS (GRANTS) ALTERNATIVE II - FOR GRANTEES WHO ARE INDIVIDUALS This certification is required by the regulations implementing Sections 5151-5160 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle 0; 41 U.S.C. 701 et seq.), 7 CFR Part 3017, Subpart F, Section 3017.600, Purpose. The regulations were published '. as Part II of the January 31, 1989 Federal Reaister (pages 4947-4952). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the grant. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS BELOW) Alternative II The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance in,conducting any activity with the grant. EAST CENTRAL WATER & SEWER DISTRICT OF HAlUomn COUNI'Y Organization Name PR/Award Number or Project Name \ H. L. SORRELL, JR. , CHAIRMAN Name and Title of Authorized Representative I/L? JANUARY 18, 1994 I 7 {/ ?- Signature ~ Date INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this form, the grantee is providing the certification set out above. 2. The certification set out above is a material representation of fact upon which reliance was placed when the agency determined to award the grant. If it ;s later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free ~oTkplace Act, the agency, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. ----..-.-------- ------ --- -- -----.- --- -.-.--------- ._~_. --- ---- 406 u.s. DEPARTMENT OF AGRICULTURE Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions This certification is required by the regulations implementing Executive Order 12549, I Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Reaister (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective primary participant certifies to the best of its knowlEdge and belief, that it and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year per.iod preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with' commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and I :d) have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default . (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospectiv~ participant shall attach an explanation to this proposal. EAST CENTR.ALJlATER & SE1iElU2ISTR Tr.T OF H:ARNETLillIJNI:L -- ----- Organization Name PR/Award Number or Project Name H.L. SORRELL JR., CHAIRMAN ~~~""d '.p'...nt.t;v. /s;.n.,",~ ~ J~NUARY 18. 19.94 ------- Date I FmHA Instruction I94o-Q \ Exhibit A-I C~aTIFICATION FOR CONTRACTS, GRANTS AND LOANS The undersigned certifies, to the best of his or her knowledge and belief, that: ". 1. No Federal appropriated funds have been paid or will be paid, by or I on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant or Federal loan, and the extension, continuation, renewal, amendment, or modification of any.Federal contract, grant or loan. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant or loan, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Act fvities, " in accordance with its instructions. -----..--..~--..---- , , .. .- 407 ; 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including contracts, subcontracts, and subgrants under grants and loans) and that all subrecipients shall certify and disclose accordingly. I This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into , \ this transaction imposed by section 1352, title 31, U.S. Code. Any person who fail s to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $10Q,000 for each such failure. EAST CENTRAL WATER & SEWER DISTRICT OF IIAlllil!.u COUNrY 1-81-94 i:l (date) BY: ~ ~~~ / . H.L. ~SORREL~ . CHAIRMAN / (title) , Attachment 7. RESOLUTION AWARDING CONTRACT WASTEWATER FACILITIES - NORTH BAJ.NETT ELEMENTARY SCHOOL (BUIES CREEK - COATS WATER AND SEVER DISTRICT OF HARNETT COUNTY) I THAT WHEREAS, the Board of Commissioners sitting as the governing body of the Buies Creek - Coats Water and Sewer District of Harnett County (the "Board") has heretofore implemented a project providing for the construction and installation of wastewater facilities to serve North Harnett Elementary School; AND WHEREAS. the project was ad~rtised in accordance with the General Statutes of North Carolina and formal bids were received and read aloud on December 29, 1993; AND WHEREAS, seven (7) bids were submitted for Contract No. 1 of the project; AND WHEREAS, the Board has received from the project's consulting engineers a certified tabulation of bids, together with the discussion of those bids; AND WHEREAS, the engineers' discussion of bids has recommended award of the referenced contract to the lowest responsible bidder which has presented legally sufficient bids based on acceptance of the proposals that will result 1.1 the best pricing available with respect to the project; AND WHEREAS, the Board considers it in the best interest of the Buies Creek - Coats Water and Sewer District of Harnett County to proceed with the acceptance I of the lowest contract proposal recommended by the consulting engineers, and desires to make provisions for the execution of contract documents and other related matters with respect thereto. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett, sitting as the governing body of the Buies Creek - Coats Water and Sewer District of Harnett County, that: 1. Contract No. 1 for the waste water facilities project of t~e Buies Creek - Coats Water and Sewer District of Harnett County which is to serve North Harn~tt Elementary School shall be and the same hereby is awarded tc: -------...- 408 .. Temple Grading & Construction Co., Inc. P.O. Box 1475 Lillington, North Carolina 27546 2. The appropriate representatives of the Buies Creek - Coats Yater and Sewer District of Harnett County are hereby authorized and directed to proceed with the preparation of the necessary contract documents associated with the I project. 3. After the contract documents are complete and in an acceptable form, the Chairman of the Board sitting as the governing body of the District and the Clerk to the Board and of the District are hereby authorized and directed to execute the contract documents pertaining to the hereinmade contract award. 4. Upon completion of the proper execution of said contract documents, the County Manager is hereby authorized to issue Notices to Proceed so as to cause the construction of the project to commence. 5. The County Manager is hereby authorized to execute such other documents and take such actions as are necessary to implement the directions of this " Resolution. Duly adopted this 18th day of January, 1994, upon motion made by Commissioner Bowden , seconded by Commissioner Hill and adopted by the following vote: Ayes 4 Noes 0 Absent 1 Board of Commissioners of the County of Harnett, sitting I as the governing body of Buies Creek - Coats Yater and Sewer ~M1unty BY: , ~ H. L. ~orrell,~)I., Chairman of the Board Attest: '.' /,C .., 'Lu,...{1\'l'~ Vanessa Y. Young, Clgrk . to the Board and of the District Attachment 8. EXTRAcrs OF MINl1ffS OF ~l11"G OF THE BOARD OF roUNTY L.UAfA.llMl~ OF HAlUuH 1 roUNTYr ~O:R3 CAROLIN-A The Board of Commissioners for the County of Han:ett, North Carolina, met in the County Commissioners Room, Harnett County Administration R~na , Ulington, North Carolina, at 7 o'clock L.m., January Ill. . 199..L. Present: Chairman H. L. Sorrell, Jr. presiding and Commissioners Beatrice B. Hill, Walt Titchener, Joseph Bowden Absent: Commissioner Dan B. Andrews I Also present: -- Commissioner Titchener introduced the followin:. resolution: _"._r_~._______'.~'_ - -"._-~- 409 RESOLUTION APPROVING THE ISSUANCE BY THE ~r.ll COUNTY INDU~lNAL FAClLtIu:S AND POlLUTION CONTROL FINANCING AUTHORITY OF ITS TAX-EXEMPT ADJUSfABLE MODE INDU~lNAL DEVElDPMENT REVENUE BONDS (EDWARDS BRu 1 rlERS, INC. PROJECT) SERIES 1994, IN TIlE AGGREGATE PRINCIPAL AMOUNT OF $3,500,000 AND AUTHORIZING TIlE EXEcunON AND DEliVERY OF A TRUSf INDENTURE. A WAN AGREEMENT AND 01HER DOCUMENTS. I BE IT RESOLVED by the Board of Commissioners for the County of Harnett: Section 1. (a) The Board of Commissioners of The Harnett County Industrial Facilities and Pollution Control Financing Authority (the "Authority") met on Ja~v ~ 199...i.... and took the following action in connection with the proposed issuance and sale of the Authority's Tax-Exempt Adjustable Mode Industrial Development Revenue Bonds (Edwards Brothers, Inc. Project) Series 1994, in the aggregate principal amount of up to $3,500,000: (1) authorized the issuance and sale of the Authority's Tax-Exempt Adjustable Mode Industrial Development Revenue Bonds (Edwards Brothers, Inc. Project), Series 1994 in the aggregate principal ,amount of $3,500,000 (the "Bonds") and authorized and directed the appropriate officers of the Authority to execute and deliver the Bonds; (2) approved and authorized the execution, delivery and performance of the Indenture of Trust dated as of January I, 1994, between the Authority and-First- Citizens Bank & Trust Company, as Trustee (the "Trustee") providing for the issuance of the Bonds; (3) approved and authorized the execution, delivery and performance of the Loan Agreement, dated as of January I, 1994, between the Authority and Edwards Brothers, Inc. (the "Company"); (4) approved and authorized the, execution, delivery and performance of the Placement Agreement dated as of January .1994 between Wachovia Bank of North Carolina, National Association (the "Remarketing Agent") and the Authority; I (5) approved and authorized the execution, delivery and performance of various other documents and instruments, each dated as of January 1, 1994, or to be dated the date of initial issuance of the Bonds, by the Authority in connection with the issuance and sale of the Bonds; and (6) approved the forms of various other documents and instruments, each dated as of January I, 1994 or the date of initial issuance of the Bonds, to be executed and delivered in connection with the issuance and sale of the Bonds. (b) The Board of Commissioners for the County of Harnett has reviewed the action taken by the Board of Commissioners of the Authority at said meeting in connection with the issuance and sale of the Bonds and has made such other examination and investigation as it deems necessary and relevant as the basis for the approval set forth herein. Section 2. Pursuant to and in satisfaction of the requirements of Section 159C- 4( d) of the General Statutes of North Carolina, the Board of Commissioners for the County of Harnett hereby approves the issuance and sale by the Authority of its Tax-Exempt Adjustable Mode Industrial Development Revenue Bonds (Edwards Brothers, Inc. Project) Series 1994 in the aggregate principal amount of $3,500,000. Section 3. This resolution shall take effect immediately upon its passage. Commissioner Ti tchener moved the passage of the foregoing resolution and the resolution was passed by the following vote: Ayes: Commissioners Sorrell, Hill, Titchener, Bowden I Nays: 0 . . . . . I, Vanessa W - Vn'mSl-t aerk of the Board of Commissioners of the County of Harnett, DO HEREBY CERlll" i, as follows: 1. A regular meeting of the Board of Commissioners of the County of Harnett (the "Board"), a county of the State of North Carolina, was duly held on January . 1994, proper notice of such meeting having been given as required by North Carolina statutes, and minutes of such meeting have been duly recorded in the Minute Boot kept by me in accordance with the law for the purpose of recording the minutes of the Board. 410 2 The foregoing is a true copy of a resolution adopted by the Board of County Commissioners at said meeting and is a complete....t'1 of so much of the recorded minutes of said meeting as it relates to the subject matter of the resolution hereinabove set forth and that such resolution was duly adopted and remains in full force and effect on the date hereof. '3. The minutes correctly state the time when the meeting was convened and the place where such meeting was held and the members of the Board who attended the meeting. IN WITNESS WHEREOF, I have hereunto set my hand .a'{ d have hereunto I 8':rlXed the corporate seal of the County, this IBt:h.. day of January, 1994. .._- - ' W ~ .:' ~-' '-t V"'~Y' Clerk to the Board of Conimissioners (SEAL) for Harnett County, North Carolina Attachment 9. FROM: E. Mars~all Woodall, County Tax Attorney RE: MONTHLY REPORT TO COMMISSIONERS AND STATEMENT OF FEES AND CHARGES , FOR THE MONTH OF DECEMBER, 1993 1. Tax Suits Dismissed: NAME SUIT NO. *AMOUNT COL. "COURT ATTORNEY COSTS FEES Anderson Creek West, Layton No CvD 4,708.58 75.00 75.00 Averasboro Grove, JUdy 93 CvD 1604 730.15 260.52 200.00 Jacobs, Sandra 93 CvD 1409 1,134.83 306.56 250.00 Matthews, Dennis No CvD 1,209.58 75.00 75.00 McLamb, Arthur No CvD 570.49 75.00 75.00 Murray, David No CvD 447.44 75.00 75.00 I Spears, James No CvD 1,042.47 75.00 75.00 Barbecue Davis, James H. 92 cvD 1273 2,674.54 561.17 500.00 McLeod, John 93 CvD 1304 2,061. 98 312.43 250.00 Black River '. Adams, Elbert 93 CvD 1473 2,220.58 377.43 300.00 Jackson, Philip 93 CvD 1617 594.85 261. 62 200.00 Buckhorn Kiser, Chester No CvD 4,251.49 200.00 200.00 Grove 250.00 Bullard, Taft 93 CvD 1601 2,410.13 316.79 Turner, Wanda No CvD 1,,451.32 150.00 150.00 West, O. F. No CvD 726.77 75.00 75.00 Lillington 150.00 150.00 Swain, David 93 cvD 0628 784.72 Stewart's Creek Finger, Doris No CvD 335.26 100.00 100.00 Long, Gail 93 CvD 1551 621. 61 257.43 200.00 Smith, Curtis 93 CvD 1092 497.16 261. 66 200.00 Subtotal S 2 8 . 4 J.~ .. .~:~ S3.965.61 S3.400 nn NOTE: * Total collected includes taxes, interest and Court costs. ** Court costs includes attorney fees allowed by Court (where suit has been commenced). Additional Attorney's Fees: I NONE TOTAL ATTORNEY'S FEES - Tax Suits --. ~ _.~~"'1,i":!1fT"~f '--..., ;.~;---;;c-..r;<r:'!"'f'""- - ~'- ~--~._~-- 411 - 2. Advanced Costs: Date Explanation Charge 12-06-93 Lillington Postmaster - Service Fee (Jones) 5.02 12-09-93 Lillington Postmaster - Service Fee I (Flood) 5.02 12-15-93 Lillington Postmaster - Service Fee (McKoy) 15.06 12-15-93 Cumberland County Sheriff - Service . Fee - Theodore McLamb et als - 93 CvD 1679 10.00 12-16-93 Lillington Postmaster - Service Fee (Pate) 5.02 TOTAL ADVANCED COSTS $40.12 3. New Suits Started during the month of December, 1993 Averasboro Township Barnes, Marjorie McLamb, Bettie E. Perry, William Linwood Smith, Dempsey, Jr. Williams, Ada McNair Black River Township Mitchell, James Duke Porter, Norma Parker Williams, Ruth D. Hector's Creek Tabron, Trevesta M. I Lillington Township Dammer, Annette G. Stewart's Creek Townshi~ Southern, Derek Grant Upper Little River Township Haynie, George W. '. 4. Other Services: 12-23-93 Research on delinquent tax account of Foy Weathers; Telephone discussions and conferences with tax department officials and taxpayer (3.0 hours @ $55.00/hr) $165.00 12-29-93 Search of Record - telephone calls to land records - obtaining copies/ Re- view of file notes and discussion with Wanda Spivey and Jeanie Harrop (Smith and Williams/tax account) (1.4 hours @ $55.00/hr) $77.00 12-29-93 Research on delinquent tax account listed to Strickland; all other accounts Corbin name/Telephone calls: listing, land records and Mrs. Corbin to correct listing and billing informa- tion and arranging payments (Strickland and Corbin/tax, accounts) (1.7 hours @ $35.00/hr) $59.50 I ,_.r~Q~ SUMMARY OF CHARGES & FEES Attorney's fees - Tax Suits $3,400.00 Advanced Costs 40.12 Other Service::; 301. 50 BALANCE ~ @..~~~JI:~ Post Office Box 39 Lillington, NC 27546 Telephone: (919) 893-5191