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Home My WebLink About04161990 267 HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 16, 1990 The Harnett County Board of Commissioners met in regular session on Monday, April 16, 1990, in the County Office Building, Lillington, North Carolina, with the following members present: Rudy Collins, Bill Shaw, Mack Reid I Hudson, Mayo Smith, and Chairman Lloyd G. Stewart presiding. Others present were Dallas H. Pope, County Manager; W. Glenn Johnson, County Attorney; Vanessa W. Young, Clerk to the Board; and Kay S. Blanchard, Recording Secretary. Chairman stewart called the meeting to order at 7 p.m. Commissioner Shaw offered the invocation. Commissioner Smith moved for the approval of the minutes of the regular meeting, April 2, 1990. Commissioner Smith seconded the motion and it passed with a unantmous vote. PROCLA~1ATION RE: Debbie Sox, President of Harnett County Homemakers Association, presented a EXTENSION HOMEMAKERS proclamation concerning Extension Homemakers Week, April 6-12, 1990. WEEK Commissioner Hudson moved for the adoption of the proclamation. Commissioner Smith seconded the motion and it passed with a unanimous vote. The proclamation is copied in full at the end of these minutes dated April 16, 1990, as document no. I. PUBLIC HEARING ON Chairman Stewart called to order a public hearing on C~.;,lnity Development CDBG GRANT APPLICATION Block Grant Application for community development. C. T. Clayton, Ragsdale Consultants, provided comments concerning the Community Development Block Grant application and explained that the purpose of the public hearing was to obtain public comments concerning the proposed grant funding application. Chairman Stewart opened the meeting for public comments. No comments were offered. Chairman Stewart closed the public hearing. I PUBLIC HEARINGS ON Carla Stephens, Planning Director, briefed the group that there would be three ROAD NAME CHANGE public hearings concerning applications for proposed road name changes and APPLICATIONS explained the purpose was to obtain public comments concerning the proposed road name changes. TONY A. BROWN Chairman Stewart called to order a public hearing concerning application for Tony A. Brown, S.R. 1252, Upper Little River Township, current road name: M.M. Jernigan Road, requested road name: Ernest Brown Road. Carla Stephens, Planning Director, presented the application to the Board. Chairman stewart opened the meeting for public comments. The following citizen provided comments: I. Mrs. M. M. Jernigan - against - suggested compromise of Jernigan- Brown Road or Brown-Jernigan Road Chairman Stewart closed the public hearing concerning application for proposed road name change for Tony A. Brown. Chairman Stewart called to order a public hearing concerning application for PATRICIA MCKEE Patricia McKee, S. R. 1236, Upper Little River Township, current road name: Nordan Road, requested road name: Grameta Lane. Carla Stephens, Planning Director, presented the application to the Board. Chairman Stewart opened the meeting for public comments. No comments were offered and Chairman Stewart closed the public hearing concerning application for proposed road name change for patricia McKee. VIRGINIA TURNER LUCAS Chairman stewart called to order a public hearing concerning application for Virginia Lucas Turner, S. R. 2044, Anderson Creek & Stewart's Creek Townships, current road name: Baker Road, requested road name: Will Lucas Road. I Carla Stephens, Planning Director, presented the application to the Board. Chairman Stewart opened the meeting for public comments. The following citizen provided comments: 1. Virginia Lucas Turner - for Chairman Stewart closed the public hearing concerning application for proposed road name change for Virginia Lucas Turner. PUBLIC HEARINGS ON Carla Stephens, Planning Director, briefed the group that there would be two ZONING CHANGE REQUESTS public hearings concerning applications for proposed zoning district changes and explained the purpose was to obtain public comments concerning the proposed zoning district changes. 268 NO~~N FRANK LEWIS Chairman stewart called to order a public hearing concerning application for Norman Frank Lewis, Jr., from RA-30 Zoning District to RA-20R Zoning District, Neill's Creek Township, S. R. 1006 and NC 27, approximately 6.5 acres. Carl~ Stephens, Planning Director, presented the application to the Board. Chairman stewart opened the meeting for public comments. The following citizen provided comments: I 1. Gene Stewart, Buies Creek - against Chairman stewart closed the public hearing concerning application for proposed zoning district change for Norman Frank Lewis, Jr. RICKIE M. WEST Chairman Stewart called to order a public hearing concerning application for Rickie M. West, from RA-40 Zoning District to RA-30 Zoning District, Lillington, Township, NC 27, approximately 0.92 acre. Carla Stephens, Planning Director, presented the application to the Board. Chairman stewart opened the meeting for public comments. No comments were offered and Chairman stewart closed the public hearing concerning application for Rickie M. West. PUBLIC HEARING ON Chairman stewart called to order a public hearing concerning a Subdivision SUBDIVISION ORDIN. Ordinance Amendment. AMENDMENT " Carla Stephens, Planning Director, briefed the group on the proposed Subdivision Ordinance Amendment and explained the purpose of the public hearing was to obtain public comments concerning the proposed subdivision Ordinance Amendment. Chairman Stewart opened the meeting for public comments. The following citizens provided comments concerning the proposed Subdivision Ordinance Amendment: 1. Ed Bain, Lillington - for 2. Bobby Johnson, Dunn - for 3. Jim Johnson, Dunn - general comments Chairman stewart closed the public hearing on the proposed Subdivision I 'Ordinance Amendment. ROAD NAME CHANGES The Board considered the following applications for road name changes: CONSIDERED TONY A. BROWN 1. Tony A. Brown, S.R. 1252, Upper Little River Township, current road name: M. M. Jernigan, requested road name: Ernest Brown Road. The Planning Board recommended approval of the application. Commissioner Smith moved to deny the change to Ernest Brown Road and asked that the citizens of that road obtain the wishes of the majority of landowners on the road, and then to reapply for road name change. The fee for the new application will be waived. Commissioner Shaw seconded the motion and it passed with a unanimous vote. PATRICIA MCKEE 2. Patricia McKee, S.R. 1236, Upper Little River Township, current road name: Nordan Road, requested name: Grameta Lane. The Planning Board recommended approval of the application. Commissioner Hudson moved for approval of the road name change request. Commissioner Shaw seconded the motion and it passed with a unanimous vote. VIRGINIA LUCAS TURNER 3. Virginia Lucas Turner, S.R. 2044, Anderson Creek & Stewart's Creek Townships, current road name: Baker Road, requested road name: Will Lucas Road. The Planning Board recommended approval of the application. Commissioner Shaw moved for the approval of the road name change. Commissioner Hudson seconded the motion and it passed with a unanimous vote. ZONING CHANGE REQUESTS The Board considered the following applications for zoning district change: CONS IDERED NORMAN FRANK LEWIS 1. Norman Frank Lewis, Jr. - from RA-30 Zoning District to RA-20R Zoning District. A letter from Mr. Lewis was read which stated I in part,"Based on my physical condition and medication I am currently taking, request that consideration of my application for rezoning be delayed or rescheduled until May 21, 1990." Commissioner Hudson moved that the Board delay consideration of the application until the May 21, 1990, Board meeting. commissioner Shaw seconded the motion and it passed with a unanimous vote. RICKIE M. WEST 2. Rickie M. West - from RA-40 Zoning District to RA-30 Zoning District, Lillington Township, NC 27, approximately 0.92 acre. The Planning Board recommended approval of the application. Commissioner Smith moved for the approval of the zoning district change application request. Commissioner Shaw seconded the motion and it passed with a unanimous vote. ------ 269 SUBDIVISION ORDINANCE Carla Stephens, Planning Director, presented an Amendment to the Subdivision M1ENDMENT CONS !DERED Regulations for Harnett County. Commissioner Shaw moved for the adoption of the Subdivision Regulations Amendment. Commissioner Smith seconded the motion and it passed with a unanimous vote. The amendment is copied in full in the Harnett County Ordinance Book 1, page~'. I RESOLUTION RE: Dallas H. Pope, County Manager, presented a resolution concerning REVITALIZATION OF revitalization of downtown Dunn. Commissioner Smith moved for the adoption of DOWNTOWN DUNN the resolution. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated April 16, 1990, as document no. 2. RESOLUT ION RE: W. Glenn Johnson, County Attorney, presented a resolution requesting the State FIRE PROTECTION DISTRICTS Legislature to approve a local bill concerning fire protection districts. Commissioner Smith moved for the adoption of the resolution. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated April 16, 1990, as document no. 3. BRIEFING ON PROPOSED Ray Pleasant, Town of Angier Attorney briefed the Board concerning proposed REORGANIZATION OF reorganization of Angier-Black River Fire District. ANGIER-BLACK RIVER FIRE OIST. Dan Gardner, Emergency Medical Services Director, presented a request from the REQUEST FROM B.C.V.F.D. Buies Creek Volunteer Fire Department to be recognized as First Responders with sponsor to be Harnett County Emergency Medical Service. The Board TO BE FIRST RESPONDERS requested the County Attorney to evaluate the request. TRAINING OPERATION WITH Henry Johnson, Emergency Management Coordinator, briefed the Board on request for assistance in conducting a training operation by the 3rd Battalion, 1st U.S. ARMY Special Warfare Training Group (Airborne), United States Army John F. Kennedy Special Warfare Center and School. Civil-Military Operation Course classes have been conducted in Harnett County and were very successful. Commissioner Smith moved for the approval of Harnett County's participation in a joint effort with the J.F.K. Special Warfare Center for Civil-Military Operation Course classes. Commissioner Shaw seconded the motion and it passed with a unanimous vote. I BART ADAMS APPOINTED TO Commissioner Smith moved for the appointment of Mr. Bart Adams to the Eastern EASTERN CAROLINA REGIONAL Carolina Regional Housing Authority for a five-year term. Commissioner Hudson HOUSING AUTHORITY seconded the motion and it passed with a unanimous vote. Mr. Adams replaces Mr. Hoover Adams whose term expires June 30, 1990. RESOLUTION RE: SCADA John M. Phelps, II, Public Utilities Attorney, presented a resolution INSTALU1ENT PUR. CONTRACT regarding Installment Purchase Contract for Supervisory Control and Data Acquisition System. Commissioner Smith moved for the adoption of the resolution. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated April 16, 1990, as document no. 4. RESOLUTION RE: WATER John M. Phelps, II, Public Utilities Attorney, presented a resolution PURCHASE CONTRACT WITH authorizing execution of Water Purchase Contract with Southwest Water and SOUTIDVEST W & S DIST. Sewer District of Harnett County. Commissioner Shaw moved for the adoption of the resolution. Commissioner Smith seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated April 16, 1990, as document no. S. RESOLUTION RE: ~~NAGEMENT John M. Phelps, II, Public Utilities Attorney, presented a resolution CONTRACT WITH SOUTHWEST authorizing execution of Management Contract with Southwest Water and Sewer W & S DISTRICT District of Harnett County. Commissioner Collins moved for the adoption of the resolution. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated April 16, 1990, as document no. 6. BRIEFING BY TOWN OF Mr. Ed Menninger, representing the Town of Lillington and several citizens of LILLINGTON RE: COURTHOUSE the surrounding area, presented concerns on rumors that the County was LOCATION considering moving the location of the Harnett County Courthouse. Mr. Menninger presented a petition in the form of a resolution stating that: I "We desire the Harnett County courthouse be maintained in the area of the intersection of Front Street and Main Street, Lillington, North Carolina," and " We request and urge our County Commissioners to take steps, which in their discretion and good judgement they deem proper, to locate a new courthouse facility in the area of the intersection of Front Street and Main Street, Lillington, North Carolina." The petition contained approximately 300 signatures. Mayor Lincoln Faulk and Town Commissioner Sirena Byrd also made comments concerning the courthouse location. REORGANIZATION OF Dallas H. Pope, County Manager, briefed the Board on proposed County ADMINISTRATION DEPT. organizational changes. Commissioner Hudson moved that a new organizational unit be established within the current Harnett County organization with two new positions being Assistant County Manager and an Administrative Assistant. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The organizational chart reflecting the changes is copied at the end of these minutes dated April 16, 1990, as document no. 7. 270 PUBLIC HEARING Commissioner Smith made a motion for the Board to schedule a public hearing on SCHEDULED FOR the 201 wastewater facilities amendment and to meet in special session to 201 WASTEWATER consider the amendment and other matters on April 30, 1990, at 7:30 p.m. FAC. AMEND. Commissioner Shaw seconded the motion and it passed with a unanimous vote. I BUDGET ~1ENDMENTS Carla Stephens, Planning Director, requested the following budget amendment for the Planning Department: 500. increase Code 10-7200-011 Telephone & Postage 10-7200-026 Advertising 2,500. increase Revenue: 10-3990-000 Fund Balance Appropriated 3,000. increase Commissioner Smith moved for the approval of the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Gayle P. Holder, Register of Deeds, requested the following budget amendment for the Register of Deeds Department: Code 10-4800-021 Building & Equipment Rent 1,650. increase 10-4800-074 Capital Outlay - Equipment 3,600. increase Revenue: 10-3990-000 Fund Balance Appropriated 5,250. increase Commissioner Smith moved for the approval of the budget amendment. Commissioner Collins seconded the motion and it passed with a unanimous vote. Bobby Wicker, Tax Administrator, requested the following budget amendment for the Tax Department: Code 10-4500-002 Salaries & Wages 3,918. increase 10-4500-003 Salaries & Wages-P.T. 14,776. increase 10-4500-004 Professional Services 12,000. increase 10-4500-005 F.I.C.A. Tax Expense 1,524. increase 10-4500-006 Group Insurance Expense 450. increase 10-4500-007 Retirement Expense 197. increase 10-4500-045 Contracted Services 16,000. decrease I Revenue: 10-3990-000 Fund Balance Appropriated 16,865. increase Commissioner Hudson moved for the approval of the budget amendment. Commissioner Smith seconded the motion and it passed with a unanimous vote. Bobby Wicker, Tax Administrator, requested the following budget amendment for the Tax Department: Code 10-4500-026 Advertising 4,000. increase Revenue: 10-3990-000 Fund Balance Appropriated 4,000. increase Commissioner Shaw moved for the approval of the budget amendment. Commissioner Collins seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Agricultural Extension: Code 10-7300-059 4-H Day Camp 1,661. increase Revenue: 10-3480-073 CBA 4-H Day Camp 1,661. increase Commissioner Smith moved for the approval of the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Public Buildings: Code 10-5000-033 Materials & Supplies 4,200. increase Code 10-5000-073 Cap. Outlay-Other Improv. 19,800. increase Revenue: 10-3990-000 Fund Balance Appropriated 24,000. increase Commissioner Collins moved for the approval of the budget amendment. I Commissioner Smith seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Harnett County Blue Cross/Blue Shield: Code 16-4000-001 Expenditures 160,000. increase Revenue: 16-3350-000 Misc. Revenues 160,000. increase Commissioner Collins moved for the approval of the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. ~ 271 REPORTS Reports for the month of March were filed with the Board from the following departments: Health Department, Planning Department, Industrial Development, Emergency Medical Service, Agricultural Extension, Library, and Sheriff's Department. I SOFTWARE MAINTENANCE w. Glenn Johnson, County Attorney, presented for consideration a software AGREE. FOR BD. OF maintenance agreement for the Board of Elections between County of Harnett and ELECTIONS WITH W. P. Ferris, Inc. Commissioner Smith moved for the approval of the W.P. FERRIS, INS. maintenance agreement. Commissioner Shaw seconded the motion and it passed with a unanimous vote. PUBLIC HEARING W. Glenn Johnson, County Attorney, presented a resolution concerning SCHEDULED ON scheduling of a public hearing regarding minority contracting goals. MINORITY PARTICIPATION Commissioner Smith moved for the adoption of the resolution. Commissioner GOALS Collins seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated April 16, 1990, as document no. 1. EXECUTIVE SESSION Commissioner Shaw made a motion that the Board go into executive session. Commissioner Collins seconded the motion and it passed with a unanimous vote. Commissioner Smith made a motion that the Board come out of executive session. Commissioner Hudson seconded the motion and it passed with a unanimous vote. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners regular meeting of April 16, 1990, duly adjourned at 10:30 p.m. ~:2.1tz;~ _K~, ttlL1l1~JI~ I Kay'S. Blanchard, Recording Secretary i~:tCl~~oard I 272 DOCUMENT NO. 1. / - - --:0" t)rorlamation .". o. .. ," I f. Nd=~~n::, ~:= :::,.:'> .~ "d " If'. aD '. '.' ~ ~ 6' , ' , :1';'; 1IIIElUS. '!'be ve11-be1o. of tile fUlU, 11 , , dependenc upon the developunc f. . . af the value S,SU8: and , '~1 J VIllUS: .the h~h~ baa the respons1- A ;I. Wit, 'to ....d tile ..roll IIICl .' .' tdeat. of the fud.l,: and . . , ; .' HIlUS: Extension BOlIeIIIaker club aeabera' . ,., I,. .';' coatinue 1D the education pro8raa f ~ . 1D cooperacion 'with the .' Cooperac!ve Excllna10a Service . . {. }. 1.n -.k1D8 s18n1ficaac beccenu~ '...,1 . '\\ /. of faaU, l1v1D.: and .;.' : '.,;: ' \ ,6~. VIllUS: We reco~. this arut under.... :'i ,::', I I I taJc:1n" . .-: ",' " I ,,'" .'. ' ", ' IX) IlElt.uI pItV'f.J1l( the first full week 1a Ha,. :"." -i*' ~ tbe 6th tbrouab tbe 12th, .. .IATIOHAL, EITEHSIOH _,':"~:..t ", ., . . . ~ IOHEHAIIIS WIll. .'. !. . : . '. . .... . ~ This the 16th day of April, 1990. " .... ',~I ,oj ~ . t . ..: .... ~', ,L.' , . w /Ji 't-- ,~,"'i~,'~;.~j, I.. ,....I ,'f:,.. ,"' N.. )J . J.J..i,Q.,J'. :. ~~..t~:' ~.. \ ',. It ., t ...~.. Lldyd;. Stewart {'t:l~ otl .: .0, '...: .:.... Title Chairman ot!'..,.t.', ..... "",..-, t" I ":I;:l;~~~ .;~. '.','. ^. . Atte.t< -( ~ w. ~:1rA"'Y ;;~::~;i:' " :;,~ :..;:. '~-:;.l .' Vanessa W. Young . ~.. 110 .". "" ,:C1erk to thp RQa..rf ~ "" I ,I " .... " '. , .' '.~ .-.. " . ....- . ..: > '~JJ~ ~"".III - . ,~9 ~. DOCUMENT NO.2. HARNETT COUNTY NORTH CAROLINA RESOLU'fiON THAT WHEREAS, Harnett County supports all economic development efforts within the County: and WHEREAS, the City of Dunn and their Central Business District continue to be a major contr1butor of economic development within the County: and WHEREAS, the City of Dunn and the Downtown Merchants are in the process of applying for the North Carolina Main street Program to aid in the revitalization of its downtown business area: I NOW, THEREFORE, BE IT RESOLVED, that the Harnett County Board of Commissioner do hereby fully support the City of Dunn and the Downtown Merchants in their downtown revitalization efforts and their Main Street application. Duly adopted this 16th day of April, 1990. HARNETT COUNTY BOARD OF COMMISSIONERS ~AJ~' yd . Stewart, Chairman ATTEST: ~'1Ji.~ Vanessa w. Young, C~k t the Board 273 DOCUMENT NO. 3. I STATE OF NORTH CAROLINA, COUNTY OF HARNETT. RESOLUTION THAT WHEREAS, the County of Harnett is a body politic and corporate existing within the State of North Carolina, and WHEREAS, the County of Harnett has within its boundaries numerous fire protection districts which were established at various times and in which taxes are levied for the purpose of providing fire protection services pursuant to the provisions of Chapter 69 of the General Statutes of the State of North Carolina, and WHEREAS, the respective boundaries of said fire protection districts within which taxes are so levied presently extend a maximum of four (4) road miles from the fire headquarters serving such districts, and WHEREAS, pursuant to legislation enacted by the General Assembly of the State of North Carolina the boundaries of fire insurance districts may, through appropriate action duly taken, be extended for a distance of five (5) road miles from the fire headquarters from which such districts are served, and WHEREAS, a proposal has been made to the Harnett County Board of Commissioners that it consider the expansion of certain or all of the fire protection districts in which taxes are levied as above set forth within Harnett County to include all property within a distance of up to five (5) road miles from the respective fire headquarters from which such districts are I served; and WHEREAS, the possible uniform and coordinated expansion of such districts to a maximum of five (5) road miles from the respective fire headquarters from which such service would be provided would be very difficult if not impossible without the enactment of local legislation by the North Carolina General Assembly because of the limited existing statutorily ordained mechanisms for so doing, and WHEREAS, the protection of the public health, safety and welfare could require the expansion of said districts as so proposed on a uniform and coordinated basis, and the laws of the State of North Carolina do not presently facilitate such a uniform and coordinated expansion, NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Harnett County, North Carolina, that the legislative delegation representing Harnett County in the North Carolina General Assembly is requested to introduce and secure the passage of local legislation authorizing the Harnett County Board of Commissioners to conduct a public hearing after due notice and to take such further and additional action as it might deem appropriate to determine whether the fire protection districts within said county in which taxes are levied for the providing of fire protection services should be expanded to provide for protection of the public health, safety and welfare to include adjoining areas up to a maximum of five (5) road miles of the respective fire headquarters serving such districts, and to take action so doing. This 16th day of April, 1990. HARNETT COUNTY BOARD OF COMMISSIONERS By: &JJ~ -L~y G. Stewart, Chairman I ATTEST: -J~.~ Vanessa Youn Cle -- --~_.__.- 274 DOCUMENT NO.4. RESOLUTION REGARDING INSTALU..:......... PURCHASE CONTRACT SUPERVISORY C................OL AND DATA ACQUISITION SYSTEM (ADDITIONAL LOAN) WIT N E SSE T H : I The Harnett County Board of Commissioners (hereinafter sometimes referred to as the "Board") at its meeting on February 5, 1990, preliminarily determined that it desired to acquire and install a Supervisory Control and Data Acquisition System (hereinafter sometimes referred to as the "SCADA" System) and that it further desired to finance a portion of the costs incurred in connection therewith pursuant to an installment purchase contract as authorized by N.C. Gen. Stat. S160A-20. The SCADA System is to be used by the Harnett County Department of Public Utilities for the purpose of monitoring and regulating the water distribution systems it operates. At the time of said meeting, based upon the estimates provided by the Consulting Engineers, the sum of $200,000 was determined to be the amount of the loan needed in connection with the installment purchase contract. In order to proceed with the processing of the installment purchase contract, the Board directed that an Application be filed with the North Carolina Local Government Commission seeking approval of the contract, directed that a public hearing be held regarding the advisability of the County of Harnett entering into I such a contract, and made certain findings and took such other actions as it deemed appropriate, all as set forth in that certain resolution adopted by the Board on February 5, 1990 entitled "Resolution Regarding Installment Purchase Contract" ( Supervisory Control and Data Acquisition System)". Pursuant to the direction of the Board, a Public Hearing was held on February 19, 1990 regarding the installment purchase contract and, at said hearing, anyone who wished to be heard on the advisability of the County of Harnett (hereinafter sometimes referred to as the "County") entering into said contract was given the opportunity to comment thereon. Subsequent to said public hearing, the Board selected First Citizens Bank & Trust Company, Raleigh, North Carolina as the financial institution with which it desired to enter into said installment purchase contract, and set forth in a resolution adopted on February 19, 1990 entitled "Resolution Selecting Bank and Specifying Details Regarding Installment Purchase Contract (Supervisory Control and Date Acquisition System) " the details regarding said contract. I Thereafter, at its meeting on March 6, 1990, the Local Government Commission formally approved said installment purchase contract, subject to completion of certain documentation related thereto. On March 8, 1990, bids for the SCADA System were opened and it was thereafter determined that all bids received exceeded the engineer's estimate of the contract amount. Pursuant to resolution adopted by the Board on April 2, 1990, entitled "Resolution Establishing Procedures Regarding Contract for Supervisory Control and Data Acquisition System," the Board authorized the appropriate 275 representatives of the County to negotiate with the lowest responsible bidder so as to obtain a contract amount that was acceptable to the County. I Based upon the negotiations as stated, and considering other cost estimates for the Project which are now more readily ascertainable, the total SCADA System project cost is as follows: Acquisition/Installation 304,200 Administrative and Legal 6,000 Bngineering/Technical Services 44,000 Capitalized Interest 10,000 Contingency ...ll.. ROO TOTAL 388,000 The revenue to finance the cost of the acquisition and installation of the SCADA System is planned to be derived from two sources, stated as follows: Cash available 153,000 Loan proceeds 235.000 388,000 The cash available is derived from monies budgeted for SCADA equipment associated with existing water facilities and on going water facilities construction. As stated, the remainder of the cost of the SCADA System is to be financed. As previously stated, the Board had selected First Citizens Bank & Trust Company to be the bank with which it desired to enter I into said installment purchase contract. Representatives of said Bank have now advised that it will provide the additional loan funds needed for the project in the amount of $35,000 (for a total loan in the amount of $235,000) under the same terms as it had previously stated for the original loan estimate, to wit: 1- The maximum amount of funds to be obtained through said contract shall be the sum of $235,000. 2. The term of the contract shall be 120 months. 3. The interest rate with respect to said contract shall be a variable rate, equal to 72' of the Prime Rate of the Bank (as announced by the Bank from time to time) , subject to a minimum rate of 7' and a maximum rate of 8'. 4. Payments shall be made on a monthly basis. 5. The contract documents shall be prepared in substantial conformity to that suggested contract provided as part of the "Procedures and Policies for Approval of Installment Purchase Contracts" issued by the Department of the State Treasurer. 6. The said contract shall be subject to review and approval I by the Local Government Commission of the Department of the state Treasurer. In evaluating the most appropriate method for financing the cost of the acquisition and installation of the SCADA System, the County had previously determined that it should pursue the use of an installment purchase contract, and now desires to continue such pursuit. In connection therewith, the County has consulted the Local Government Commission of the Department of the State Treasurer and has been advised that it must make reapplication to the Commission 276 for approval of a new contract with the additional loan amount provided for therein. Additionally, based upon the information previously obtained by the County, it finds that the most appropriate financial I institution with which to finance the SCADA System project is First Citizens Bank & Trust Company. The First Cititzen's rate was determined to be the most feasible, and the suggested contract documents to be appropriate. The proposal of Mid South Bank & Trust Company was withdrawn and the proposal of Southern National Bank was found to be unacceptable because there was no ceiling on the interest rate. With regard to installment purchase contract financing, the County had previously requested financing proposals from the following financial institutions: 1 First Citizens Bank & Trust Company 2 Mid South Bank & Trust Company 3 MNC Government Finance 4 NCNB National Bank of North Carolina 5 Southern National Bank of North Carolina 6 Wachovia Bank & Trust Company and received proposals from the following of those above named: 1 First Citizens Bank & Trust Company 2 Mid South Bank & Trust Company 3 Southern National Bank of North Carolina I After evaluating the proposals of the institutions named, it was the opinion of the County that the acquisition of the SCADA System should be financed under the installment purchase contract method, and that the institution with which the financing should be arranged would be First Citizens Bank & Trust Company. In support thereof, and for the purpose of complying with the aforementioned procedures and policies for approval of installment purchase contracts as specified by the Department of the State Treasurer, the Harnett County Board of Commissioners, as the governing body of the County, hereby makes the following findings and/or statements: 1. The proposed contract with First Citizens Bank & Trust Company regarding the financing of the acquisition of the SCADA System, should provide for a loan in the maximum sum of $235,000. The terms shall be as hereinabove set forth. 2. The acquisition of the SCADA System and the financing therefor as described is necessary and I expedient for the County for the following reasons: a) Harnett County covers an area roughly 30 by 20 miles with a number of facilities located near the perimeter. Therefore, the water system must be controlled over relatively large distances. The Cou~ty also must control tank levels by running pumps in stations several miles from the tank sites. The needed controls can be met by the SCADA System which will 277 monitor tank levels and start pumps to replenish the tanks. I b) Harnett County purchases electrical energy from Carolina Power and Light Company at rates which vary depending on the time of day and the season. The SCADA System will control the water system so that it will operate during low rate periods, thus reducing energy costs to the County. c) The SCADA System will monitor misoperation of the water system and/or equipment malfunctions. These problems would be immediately detected and the Utility Department could then respond without having to rely on customer reports. d) The SCADA System will monitor and c_-'J:" ,lte data to determine needs for increases in capacity and to identify areas where use is expanding beyond the desig~ l~mits. e) The cost of operating the existing system used by the County to monitor facilities is increasing. The system operates over leased I telephone lines ~nd ~he cost of these lines has been increasing, particularly since deregulation of the telephone companies. The current cost for da~a acquisition through the leased lines is $16,800 a year. The SCADA System will be operated by radio communication and the cost of the telephone lines will be eliminated. 3. The sums to fall due under the financing as proposed are not excessive due to the following reasons: a) The rate for the c~csen method of financing is not substantially different from other rates quoted in the proposals received. For example, the rate quoted by Mid South Bank and Trust Company is a fixed rate of 7.75% for an 84 to 120 month term. The rates quoted by First Citizens Bank and Trust Company for a 60 month term is 7.14' and the rate quoted for an 80 to 120 month term is v~riable with a floor of 7% I and a ceiling of 8'. b) The monies saved in elimination of telephone communication costs 111ill be applied towards the sums due. As ment:.oned, the current yearly cost of the leas~d telephone lines is $16,800 or $1,400 per month. This sum will be applied to the loan payment each month. 4. The attorney for Harnett County responsible for its public utili ties matters has rendered an opinion that the proposed undertaking is authorized by law and is a purpose for wiich public funds may be 278 expended pursuant to the Constitution and laws of North Carolina. s. The proposed installment purchase contract as described herein, under the circumstances attendant I thereto, is preferable to a general obligation or revenue bond issue for the following reasons: a) Based upon current b~dgetary requirements, the sum of $235,000 exceeds the amount that can be prudently raised from available appropriations and unappropriated fund balances. b) Harnett County has no non-voted bonds that could be issued by it in the current fiscal year pursuant to Ar~icle V, Section 4 of the North Carolina Constitution (the two-thirds limitation). c) The contract mettod has been chosen because it is vital that the SCADA System be acquired as quickly as pOHsible to accommodate new facilities soon to require SCADA System monitoring, thus eliminating double costs of purchasing equipr::ent compatible to the existing monitoring system, and later purchases I ~ssociated with ~o~verting such facilities to the SCADA Syste~, ~he time period associated with a general obli~ation bond issue would not meet the immediate needs of the County. d) The contract method has been chosen because the costs associated with authorizing general obligation bonds or revenue bonds would be excessive in light of the small size of the required funding. 6. The estimated cost of financing the undertaking under the contract Method of financing compares reasonably with an es~i~ate of similar costs under bond financing for the same undertaking in that: a) The current rates of recently issued bonds, while less than the rate provided under the contract method, are not significantly lower so as to offset the savings realized by reason of not having t:> incur thE: costs of a bond I authorizat:.on ?rocedure and associated marke~ing costs. Fo~ instance, the County has been advised that current municipal bond rates, as found in the Bor.d Buyer's :::ndex, approximate 7.19\. The differer.ce between the chosen rate and this 7.~91 rate is not of great significance cor.sidering t!".at the following eXgenses will be saved: i) Costs for ballnts ($500.00) ii) Costs for ma~hours to open polling places (sl3...era~ thousand dcllars-22 279 polling places would be opened) iii) Bond Counsel fees (the County recently incurred $3,355 in Bond Counsel fees associated with a Note Sale) I b) Under the con7.:."act method, because escrow accounts may be utilized, only one closing would be req\:: rec .. Ot:':1erwise, a bond anticipation note closing and a bond closing would most likely be required. The resultant savings support tr.e reasonableness of the contract met;nod. It has been the County's experience that expenses of about $900.00 have been paid to tha Local Government Commission with respect to ~ac~ such closing. 7. As evidenced by the an3ual audits of the County, the debt manageme~~ poli~ies of che County have been carried ou~ in stri=~ compliance with the law and same shall hencefor~~ ~d so carried out. 8. There shall be no increase in the property tax rate of the Councy 7.0 rai,~a S".lms to fall due under the financ~ng ~ontrac7.. The sums to iall due will be raised from water ey<;tam user ::ees. A rate increase in anticipation of -=r.is =inanc~ng has already been invoked. I 9. The undertaking t.o te iinan-.::sc: is a part of a utility public enterp~ise sys't.em. A projection of the revenues a:1d f:.lC;..'enses ot ':ha water utility enterprise during the term of the proposed contract, taking into consideratio:1 adcitional revenues and expenses to be generaced by the undertaking and the payments required by the contract is as follows: Pi8cal Year ~eve~ Expenditure8 90-91 3,559,267 3,559,267 91-92 3,445,20? 3,445,203 92-93 5,276,703 5,276,703 93-94 3,607,780 3,607,780 94-95 3,716,013 3,716,013 95-96 3,827,493 3,827,493 96-97 3,942,3:'6 3,942,318 97-98 4,060,5f;7 4,060,587 98-99 4,~82,4,O5 4,182,405 99-00 4,3C7,S77 4,307,877 I The above projections inch..c'C;: ~:t,)tern expansions as currently anticipated. 10. The County is net in default in meeting its debt service obliga~io~s. Nc notices of default have been given to the CO.....:1..:.:. and no li7.igation regarding uDJIlet debt se:r."iTice :=ec;uirements has been or is pending. Having set forth the abo.:~ fi !1~i ngs and/or statements as requested by the Department of t:.he State Treasurer, it is the desire of the Board of CommisS~Q~er3 't.C Eathorize the taking of the 280 various steps required to continue the processing of the referenced installment purchase contract ar.d to authorize execution of the same. NOW, THEREFORE, BE IT RESOLVED by ~he Board of Commissioners I of the County of Harnett that: 1. The County of Harne~-c hf::reby a\:thorizes the County Manager, the Director of P~blic utilities and the Public Utilities Attorney to proceed with finalization of a financing proposal within ":.":\e c;:'uidelines herein provided, the same to be presented to this Board for final review. 2. The County of Harnett is ~ereby authorized to enter into an Installment Purchase Con-cract wi~h First Citizens Bank Ii Trust Company upon -:he ~erms hereinabove described, subject to the satisfactory pre:?aration of contract documents related to the same, subject to the final review by this Board of said Contract after public hearing, and subject 'Co tte a?proval and acceptance of the same by the Local Government Commission of the Department of the State 7r"lis-..:.rer. 3. Those findir.gs and/or sta..;:ern .~r.ts hereinabove made are hereby incorporated by refarence and made a part hereof 4. The County of narnet'C is a\:tnc~ized and directed to file an application with the North Carolina Local Government I Commission seeking approval of the above described Installment Purchase Ccn'C~~c~. 5. A public hear~ng shall ba h!ld on th~ said Installment Purchase Contract during the Board's special meeting to be held on April 30, 1990, said meeting to begin at 7:30 o'clock p.m., and to be held in the Harnett County Office Building, Lillington, North Carolina. 6. Said public hearing shall be noticed and conducted in accordance with the Genera~ Statutes of North Carolina. 7. John M. Phelps, II, Ha::-nett County Public Utilities Attorney, is desigr.e'Ced as ~epresentative of the county for the purpose of seeking the approval of said Contract, and with respec'C the~e~o i$ authorized and directed: a) To file application with the Local Government Commission of the repartment of the State Treasurer for approval of the Cvn":~act, b) To emplcy Bond. Cou!'.sel to represent the County where appropriete, and c) To prepare the a~?rc:frie.-ce I'.o'Cice of the public hearing above de:=,(~"t'i~)iid. I 8. The Chairman of the gover:.ing body of the county, the Clerk to the goverr.in'1 !'>ody I ':1:.e r-ir.a.1ce Officer of the County, the County's P~blic ry~ilit~es Attorney and such other repres ~n~ative6 cf ~:::e ';cunt~' as are required are hereby authorized to take any E.nd all such further action as may be necessa:7!' 0:- c>c.'!:'.s~.::l! to .:arry out the intent of this Resolution. Duly adopted this 16th day.,: 1l.;-=ll, ~.990 upon motion made by Commissioner Smith I seco~~ed b~ Commissioner 281 Shaw and adopted by the following vote: I AYES 5 NOES 0 ABSTJl.U1ED 0 ABSENT 0 'rile Soarcl of c:c-i..101le&'. of tile COWlty of ~t 3-~.. : ~))~L Ll yd G. Stewart :::!.e.i7n~:l. of ~h.e Board AT'l'EST: t!~ 'c)\) '71.'~.)~,' Vane..a W. Young, BLer: DOCUHENT NO.5. RBSOLU'UOII AftIIORIIl.G BDC1nl0. OF DDR PUIlCIIUB COII'rDC'r Wlft SOuun8'f DDR AIm S.... D18ftlC'f OF BAIUIBft ~ WHEREAS, the Harnett County Board of Commissioners, has examined the Water Purchase Contract between the Northeast I Metropolitan Water District of Harnett County, the County of Harnett (hereinafter "County") and the Southwest water and Sewer District of Harnett County (hereinafter "District") , attached hereto as Exhibit "A"; and WHEREAS, the County, as lessee and operator of the water production and water supply distribution systems described in said Water Purchase Contract desires to enter into said contract as provided; NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that: 1. Harnett County is hereby authorized to and shall enter into the Water Purchase Contract attached hereto as Exhibit "A". 2. Harnett County and its officers and agents are hereby directed to execute said Water Purchase Contract. Duly adopted this 16th day of April, 1990, upon motion made by Commissioner Shaw , seconded by Commissioner Smith and passed by the fOllowing vote: AYES 5 NOES 0 ABSTAINED 0 ABSm1' 0 I HARNETT COUNTY BOARD OF COMMISSIONER.S ~ .. By: AJ~-- mOl'! G. Stewart, Chairman AT'l'EST: 1',-- -j..... .....( '-(jJ 'U~ V.n.... W. Young, .rk 282 EXHIBIT" NORTH CAROLINA WATER PURCHASE CON'1'RA~ HARHE'l"l' COUNTY THIS CONTRACT for the .ale and purchase of water is entered into as of I the day of , 19 -' between the NOR'tHBAST MBTJtOPOLITAN WATER DISTRICT OF HARN!TT COUNTY Chereinafter "Northeast Metro"), and the C...~.,~.. OF HARNETT Chereinafter "County"), said Northeast Metro and County shall be collectively referred to herein as "Seller" and the S'w'w....~~..S'1' WATER AND SEWER DISTRICT OF HARNETT. (hereinafter "Purcha.er") !! 1. ! !! ! ! ! .! ! H' THAT WHEREAS, the purcha.er is a County and Water and Sewer District, duly organhed and existing pursuant to the provision. of Article 6, Chapter l62A of the North Carolina General Statutes and by that certain Re.olution dated October 17, 1988 and adopted by the Harnett County Board of Conai.doners entitled "Resolution Creating the Southwest Water and Sewer District of Harnett County", and WHEREAS, Northeast Metro 11 a metropolitan water district organized and existing under the law. of the State of North Carolina, and WHEREAS. County is a body politic organized and existinv under the law. of the State of North Carolina, and WHEREAS, the Purchaser i. organized and eatabli.hed for the puxpoae of constructing and operating a water supply diatribution .ystem aerving water uaera within the area described in plans now on file in the Office of the Purchaaer and to accomp11lh th1l purpo.e, the Purchaaer will require a supply of treated water, and WHEREAS, Northeast Metro owns a water prOduction system and a water aupply distribution system, and County, ia operator thereof under that certain Leaae dated May 30, 1980, entered into between Northeaat Metro and County, and I WHEREAS, the water production syatem and water lupply d1atribution system of Seller (Northeast Metro and County aa de,cribed above) ha, a capacity currently capable of serving the preaent cuatomers of the Seller's 'y'tem, the eatimated number of water ulerl to be aerved by the aaid Purchaser as ahown in the plans of the sy.tlm now on file in t~e office of the Purcha.er, and WHEREAS , by Resolution entitled "Reaolution Authoriaing Ixecution of Water Purchaae Contract with the Southwest Water and Sewer District of Harnett County", duly adopted by the District Board of the Northeast Metropolitan Water D1Itrict of Harnett County at iu _eting on . the aale of laid water to the purchaa.r a. provided her.in wa. approved, and the execution of this contract by Northeast Metro waa duly authorized, and WHEREAS, by Resolution entitled "Relolution Authoriaing Execution of Water Purchase Contract with the Southwest Water and S_er District of Harnett county., duly adopted by the Harnett County Board of commis.ioners at its meeting on , the sale of said water to the Purchaser as provided herein was approved, and the execution of this contract by County wa. duly authorized, and WHEREAS, by Resolution entitled "Resolution Authoriaing Execution of Water Purchase Contract with the Northeast Metropolitan Water District of Harnett County and the County of Harnett" , duly adopted by the Harnett County Board of Commissioners, sitting a. the governing body of the Southwest Water and Sewer Diatrict of Harnett County at its _eting on , the purchase of said water from the Seller a. provided herein I was approved, and the execution of thia contract by Purchaser was duly authorized, NOW THEREFORE, in consideration of the foregoing and the mutual avreements hereinafter ..t forth, A. THE SELLER AGREES. 1. COUality and Quantity) To furnish the Purchaser at the point of delivery hereinafter specified, during ~he tera of this contract or any ren_al or extenlion thereof. potable treated water ..eting applicable purity atandard, of the Diviaion of Health Services, Department of Human Resourcea of the State of North Carolina, in .uch quantity .s -y be required by the Purchaser not to exceed ten million, five hundred thous.nd (10,500,000) gallons per month. 283 2. Ipoint of Delivery and Pre..ur.1 That wat.r will be furni.hed at a rea.onable constant pr...ure calculated at fifty (SOl pounds p.r .quar. inch from an exi.tinq twelve 1121 inch main .upply at a point loc.ted at or near the inter.ection of Stat. Road 1141 .nd St.te Road 1116 within a waterline and/or relat.d appurten.nc. e.....nt to b. .cquired by Purch...r. If a qreat.r pres.ure th.n th.t noraally .v.il.ble .t the point I of delivery is required by the purcha..r, the co.t of provi4inq .uch qre.t.r pre..ur. .hall b. born. by the Purch..er. _r9.ncy failur.. of pr...ure or .upply due to main .upply line br.ak., power failur., flood , fire and UI. of wat.r to fiqht fire, earthqu.ke or oth.r oat..troph. .h.ll .xcu.e the Seller from this provi.ion for .uch rea.onable period of time a. may be n.c...ary to re.tore ..rvice. 3. (Meterinq Equipment I To furnish, in.t.ll, operate, and maintain at it. own expenl. .t point of deliv.ry, the n.c....ry ..terinq .quipment, includinq a m.ter hou.e or pit, .nd r.quired d.vic.. of .t.nd.rd type for properly measurinq the quantity of w.ter d.liver.d to the Purch..er and to calibrate .uoh meterinq .quipment wh.n.v.r r.qu..t.d by the Purch.,er but not more fr.quently than once .very twelve (12) IlIOnth.. A met.r reqi.t.rinq not more than two percent (2') above or below the te.t r..ult .hall be deemed to be accurate. The previous re.ding. of .ny met.r disolo.ed by te.t to be inaccurate shall b. corr.cted for the thr.. (3) month. previous to such te.t in .ccordance with the p.rcent.q. of inaccur.cy found by .uch t..t.. If any ..t.r fail. to regi.ter for any p.riod, the amount of water furni.hed durinq .uch p.riod .hall be d....d to b. the amount of water deliver.d in the corre.pondinq period i_ediately prior to the failure, unle.. Seller and Purcha.er .hall aqree upon a diff.rent amount. The m.terinq .quipm.nt .hall be r.ad on the fir.t day of each IDOnth. An appropriate official of the Puroh..er .t all rea.onabl. timea .hall have access to the meter for the purpoa. of v.rifyinq ita readinq.. 4. (Billing Procedure I To furniah the Purcha..r not later than I the fifth (51 day of each month, with an itemiz.d .tatem.nt of the amount of water furni.h.d the Purcha.er during the pr.cedinq month. B. THE PURCHASER AGREESI 1- IRates and Paym.nt Dat.1 To pay the Sell.r, not lat.r than the t.nth 1101 day of each month, for water d.liv.r.d in accordance with the followinq .chedule of ratesl a. One thouund five hundred aevent.y-fiv. dollan ($1,575.001 for the fir.t one mUllon five hundred (1,500,000) gallon., which amount .hall also be the minimum rate p.r month. b. One dollar and five cent. ($1.051 per one thou.and (1000) qallon. for water in exo... of on. million five hundred t.hou.and (1,500,0001 qallon.. c. It i. aqreed that the minimum rate per IDOnth .. .tated in (a) above .hall not be applicable untll .ix (I) IlIOntha after the l..t noticea for connection have been mailed to potential wat.er cu.to.era of the Puroh..er by the Harnett County Department of Public Utilitie., .nd up to .aid time the minimun rate p.r month become a applicable, purcha.er ahall pay only for .uch water a. i. deliver.d to purcha.er at. t.he rate of $1.05 (on. Dollar and five cent. I p.r 1000 (one thou.and) qallon.. 2. (Connection re.) To pay a. an agreed co.t, a conn.ct.ion f.e to connect the Seller's .ystem with the .y.tem of the Purcha.er, a .um .qual to the amount of the co.t of the inatallation of the meter, ..tel' vault and related appurtenance. and the co.t of the layinq and in.tallation of the necessary pipeline or pip.lin.s to connect the sy.tem of the Sell.r to the .y.t.m of the purcha.er at the boundary of the Southw.st Water and I S.wer Di.trict 3. (Maintenance of Certain Line.1 To _intaln all wat.r di.tribution pipelin.s which connect the Seller'a ayat... t.o the .y.tem of the Purcha.er, aaid line or line. being located betwe.n t.h. met.r facilit.y (d.acribed in paragraph A(31 abov.) and the boundary of tbe Southwe.t W.t.r and S.wer Di.trict. c. It is further mutuallv aareed between the Seller and the Purcha.er a. followa. 1. (Term of Contract) That thia contract .hall .xtend for a t.rm of forty (40) year. fro. the date of the initial deliv.ry of any wat.r a. .hown by the fir.t bill subMitted by the Seller to the Purcha.er and, ther.after may be renewed or extended for .uch term, or terms, as _y be agr..d upon by the Seller and Purcha.er. 284 2. (Delivery of Water) That thirty (30) days prior to the estimated date of completion of construction of the purchaser's water supply distribution system, the Purchaser will notify the Seller in writing the date for the initial delivery of water. 3. (Water for Testing) When requested by the Purchaser, the Seller will make available to the contractor at the point of delivery, or I other point reasonable close thereto, water sufficient for testing, flushing, and trench filling the system of the Purchaser during construction, irrespective of whether the metering equipment h.. been installed at that time, at a flat charge of one dollar and five cents ($1.05) per one thousand (1000 ) gallons which will be paid by the contractor or, on his failure to pay, by the Purchaser. 4. (Failure to Deliver) That the Seller w11l, at all tillles, operate and maintain its system in an efficient manner and will take such action as mey be necessary to furnish the Purchaser with quantities of water required by the Purchaser. Temporary or partial failures to deliver water shall be remedied with all possible dispatch. In the event of an extended shortage of water, or 'the supply of water available to the Seller is otherwise diminished over an extended. period of time, the .upply of water to purcha.er's consumer. shall be reduced or diminished in the same ratio or proportion as the supply to Seller's consumers is reduced or diminished. 5. (Modification of Contract) That the provisions of this contract pertaining to the schedule of rates to be paid by the purcha.er for water delivered are subject to modification at the end of every one (1) year period. Any increase or decrea.e in rate. shall be b..ed on a demonstrable increase or decrease in the costs of performance hereunder. Such costs shall not include increased capitalization of the Seller's water distribution system except as such costs relate directly to increa.ing the capacity of services to the Purchaser. Such costs may include increased capitalization of the Seller's water production facility system. Other I provisions of this contract may be modified or altered by mutual agreement. 6. (Future Water Transmission and Connection) In the event County and/or Northeast Metro elect to supply and sell water to any customers or other water distribution sy.tems located outside of the boundaries of the Southwest Water and Sewer District of Harnett County and desire to do so by connecting to and transporting water through the water distribution system of Purchaser, it is agreed that County and/or Northeast Metro may, at no cost to either, connect to and transport water through the water distribution system of Purchaser for the purpose of suppling and seiling water to customers or other water distribution systems outside of the Southwest Water and Sewer District, whether within the County of Harnett or otherwise. In the event County and/or Northeast Metro should elect to supply and sell water as stated herein, County and/or Northeast Metro shall cause a meter to be installed at the connection point and the cost thereof shall not be borne by Purchaser. 7. (Regulatory Agencies) That thi. contract i. .ubject to such rule., regulations, or laws as may be applicable to .imilar agreement. in this State and the Seller and Purchaser will collaborate in obtaining such permit., certificates, or the like, as may be required to comply therewith. 8. (Miscellaneous) That the construction of the water .upply distribution system by the Purchaser is being financed by a loan _de or insured by, and/or a grant from the United State. of AIIlerica, acting through the Farmers Home Administration of the United State. Department of AgriCUlture, and the provisions hereof pertaining to the undertakings of the Purchaser are conditioned upon the approval, in writing, of the State Director of the Farmers Home Administration. I 9. (Successor to the Purchaser) That in the event of any occurrence rendering the Purchaser incapable of performing under this contract, any successor of the Purchaser, whether the re.ult of leqal process, a.siqMent, or otherwi.e, shall .ucceed to the riqht. of the purcha.er hereunder. IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governinq bodies, have cau.ed thiB contract to be duly executed in triple counterparte, each of which' .hall constitute an original. 285 " DOCUMENT NO. 6. USOLftIO. AftIIORIIIft BDCftIO. or ~ COftRAC2 WIft SOot....'! 1fAUR AIm ..... Dl.'l'RIC'! or IIARII8ft '... ' " '.... I WHEREAS, the Harnett County Board of Commissioners, has examined the Management Contract between the County of Harnett (hereinafter MCountyM) and the Southwest Water and Sewer District of Harnett County, attached hereto as Exhibit MAM; and WHEREAS, the Board desires for the County to enter into said contract as provided; NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners, that: 1. Harnett County is hereby authorized to and shall enter into the Management Contract attached hereto as Exhibit MAM. 2. The appropriate officers of said Harnett County are hereby directed to execute said Management Contract. Duly adopted this ~ day of April, 1990, upon motion made by Commissioner Collins , seconded by Commissioner Hudson and passed by the following vote: AYES 5 NOES 0 ABSENT 0 ABSTAINED 0 HARNETT COUNTY BOARD OF COMMISSIONERS I ~' . By: /1/~ Ll d G. Stewart, Chairman ATTEST: ~.~~g~.'d' Exhibit A NOaTH CUOI,INA IWIAGIICIlI'f COIl'l'lACT HAlUIITT C.. v.I. " THIS CONTRACT, mad. and .ntered into thb the day of , 1990, by and b.tween THI ......,... OP HA......., a body politic organi.ed and exi.ting under the law. of the Itate of North Carolina (hereinaft.r called "County.) and THI lOUTRWIIT WATIa AND SIWER DISTRICT or HARNITT COUNTY, a municipal corporation oroalliaed and exi.ting purluant to the provi.ion. of Articl. I, Chapt.r 112A of the North Carolina General Statut.. (h.r.inafter called "Diatrict")/ WIT N I SIT H : THAT WHIRIAS, the County i. 1..... and op.rator of a wat.r production .y.tem and a water .upply dl.tributlon .y.tam owned by the Northea.t Metropolitan Wat.r Dl.trict of Harnett County; and WHERIAS, County a. 1..... of .aid .y.tem. he. created a Public Utility Department which conduct. the op.ration of .aid 'f.t..., I and WHlREAS, the Di.trict wal organi..d and ..tabli.hed for the purpo.. of conltructing and operating a wat.r .upply di.tributlon 'Yltem to I.rve water uI.r. within the Di.trlct a. de.crlbed in planl now on file in the Office of the Di.trlct, and WHIREAS, the water lupply di.trlbutlon .y.t.. of the Dl.trict will b. con.tructed with the u.. of Local fund" and WHlREAS, the rar.er. H~ Adalnl.tration of the United State. D.part.ent of Agriculture ha. aoreed to loan the Dbtrlct .ufficient hnd. to enable the Diltrict to Unance the con.truction of .ald wat.r lupply dl.tribution .y.te., and WHIREAS, the County" Public Utility Departllant i. fully capable to conduct the op.ration and manage.ent of the water .upply diltribution IYltem of the Diltrict; and 286 WHEREAS, the County and the District have agreed to enter into this contract for the operation and management of the water .upply distribution system of the Di.trict a. a County operated .y.tem on a continuing ba.is and elpecially for and during the period of the exiltence of the Farmers Home Adminiltration loan to the Dietrict. NOW, THEREFORE, the par-tie. do contract and agree each with I the other a. folloWl1 1- That the Dbtrict's water di.tribution .apply ey.t_ referred to above Ihall be operated and managed by the County's Public Utility Department a. a County operated water diitribution sy.tem on a continuing bali. ad especially for a period beginning .. of the execution of thb contract and extending until that certain loan referred to above made by the Farmers Home Admini.tration to the District has been paid in full, being a period of at least forty (40) years. 2. That the Harnett County Board of Commi.sioners, sitting in the capacity a. the governing body of the County and/or as the governing body of the Diltrict, .hall establish and set the rate. of charge. for the purcha.e of water and for such other fee., charge., and penalties as required for the operation of the water di.tribution system, with proper co.t accounting procedure. to appropriately reflect the co.t of the.e facilities operated by the County Public Utility Department relative to the operation of other utility enterpri.e. which are or may be carried on by the County Public Utility Department. Further, the Harnett County Board of CommiSSioners, in the capacities stated above, .hall charge such rates for the u.er. of .aid water dbtribution sy.tem a. will appropriately yield I sufficient funds to meet operation and maintenance expenses and to pay and retire the long term debt of the Farmers Home Administration to the District. 3. This contract shall be a continuing contract relative ~, the furnishing of the e..ential water utj.Hi::y ,,'u:"J'..'~fjll for the people of the Distri~t and th1~ COqt~~~t Abull exist and continue un':;il t"e L'l.<nrll'.:l: IIn.~ tll. ':"mmty Ihall l11utual,ly modify or. termtnate tills CiQutl."actual errangement. 4. That the Harnett County Board of Commi..ioner. agree. to create an Advilory Council to lend a..i.tance with input and advice as to the operation and maintenance of the aforesaid water dbtribution sy.tem by the Harnett County Board of Commiuioners as the governing body of .aid Dbtrict. s. That the County shall be entitled to fund or cause to be funded the conltruction of .ny water line to be connected to the District's system as an extension within or without the boundaries of the District for the purpose of serving needy userl with water utility services e. the same shall be determined by the Harnett County Board of Commiuioners and that the rate. chargeable to .uch persons (ueen) shall be equitably .et to properly reflect cost of operation. and maintenance of water production and supply and further that in the event it I shall become necessary for the District to levy a tax for the purpose of funding bonded indebtedne.. of the Dbtrict then in luch event .uch rate. of any per.on (user) outside the boundarie. of the District .hall be charged a greater user fee (rate) a. will be equivalent to such needed property tax a. may be levied; provided, if a tax levy i. made, then .uch u.er charge for out-of- diltrict u.er. shall not be le.s than 150\ of the u.er charge of users of the Di.trict. It i. under.tood and aQued that the Dbtrict .hall have no obligation to extend ita water 11nes outl1de of the Di.trict'. boundaries. __________n_n____ ------~----.~-, 287 6. That the County will manage and operate the water lupply diltribution sYltem on an annual budget with the .etting of rates on an annual basie al approved by the Diltrict'l governing body with proper input and advice froll the I Advisory Council, which budget Ihall provide and let forth the handling of the fundi luch that a relerve fund, depreciation fund, debt payment fund, and lurplul fund for the Diltrict Ihall be diltinguilhable, and further that the County Ihall maintain a IYlte. of accountl for the County Utility Departllent which will appropriately account for the varioul operationl of the Utility Department, Ipecifically 10 that all COltl relative to the operation of the water lupply diltribution IYlte. will be separately euted; the County Ihall further maintain inlurance and bondl al required by Itate law and that the County Ihall properly contract with a certified public accountant for annual auditl of the Utility Oepartment and that further the County Ihall comply with all federal, etate and local lawl and regulationl relative to the operation of the water lupply diltribution IYltem. IN WITNESS WHEREOF, the partiee hereto have caueed thh inltrument to be executed al authorized by the Harnett County Boerd of Commillionere sitting al the governing body of the County and the Diltrict, all the day and year firlt above written. DOCUMENT NO. 7. I . .. HARNETT COUNTY BOARD OF COMMISSIONERS ,., . COUNTY MANAGER ALL OTHER COUNTY DEPARTMENTS - - - - - - - - - - - - '" ASSISTANT COUNTY MANAGER NOT ASSIGNED TO ASSISTANT I COUNTY MANAGER 1 - ASST. COUNTY MGT. - 80B 1 - ADM. ASST. II - 64A I , I . :t I · DATA 1 . YOUTH PARKS AND SERVICES PROCESS IN RECREATION LIBRARY . f . 1 MASTER PLANNING PLANNING AIRPORT DEPARTMENT PROGRAMMING I '" New County Organizational Unit 288 DOCUMENT NO. 8. STATE OF NORTH CAROLINA, RESOLUTION OF THE BOARD OF I COMMISSIONERS OF THE COUNTY COUNTY OF HARNETT. OF ~L"ETT THAT WHEREAS, the North Carolina General Assembly enacted Chapter 480 and Section 74.17 of Chapter 770 of the 1989 Session Laws, thereby rewriting North Carolina General Statute 143-l28J and WHEREAS, N.C.G.S. 143-128(c) requires each city, county or other public body to adopt, after notice and a public hearing, an appropriate verifiable percentage goal for participation by minority businesses (as defined in that statute) in the total value of work for building contracts the costs of which exceed one hundred thousand dollars ($100,000.00) and which are awarded pursuant to N.C.G.S. 143-128J and ~n~EAS, the Board of Commissioners of Harnett County also serves as the governing body of various other entities which might be deemed public bodies under and pursuant to said statute, to wit: South Central Water and Sewer District of Barnett County, West Central Water and Sewer District of Harnett County, Northwest Water and Sewer District of Harnett County, Southwest Water and Sewer District of Harnett County, Southeast Water and Sewer District of Harnett County, East Central Water and Sewer District of Harnett County, and Buies Creek-Coats Water and Sewer District of Harnett countYJ and WHEREAS, Northeast Metropolitan Water District of Harnett County is a separately governed entity which may also be a public body as defined in the subject provisions of lawJ and WHEREAS, it is the desire of the Harnett County Board of Commissioners, as such and as the governing body of the above set forth entities so indicated, to conduct a public hearing as required under and pursuant to the above referenced provisions of law, jointly with the governing body of Northeast Metropolitan I Water District of Barnett County, at 7:30 P.M. on Monday, the 30th day of April, 1990, in the Harnett County Office Building, 102 E. Front Street, Lillington, North Carolina, for the purpose of discussion of the Minority Participation provisions for Major Building Construction Projects contained in North Carolina General Statute 143-128, the types of building construction projects which will be considered by the above named entities, including the County of Harnett, and the availability of minority contractors in the Harnett County bid area: NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Harnett County, North Carolina, acting as such and as the governing body of each of the above named entities so indicated, that a public hearing shall be convened at the Harnett County Office Building, 102 E. Front Street, Lillington, North Carolina, at 7:30 P.M. on Monday, the 30th day of April, 1990, pursuant to the requirements of N.C.G.S. 143-128, for the purpose of discussing and receiving input from the public, including all interested minority contractors in the Barnett County bid area, regarding the above referenced matters, including the types of building construction projects which will be considered by the above named entities, and the availability of minority contractors in the Harnett County bid area. This 16th day of April, 1990. HARNETT COUNTY BOARD OF COMMISSIONERS By,4J, )J /~ .. 'L yd G. S~ewart, Chairman ATTEST: By: ~~.i~ I