HomeMy WebLinkAbout01171995
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HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 17, 1995
The Harnett County Board of Commissioners met in regular session on
Tuesday, January 17, 1995, in the Commissioners Meeting Room, County
Office Building, Lillington, North Carolina. I
Members present: H. L. Sorrell, Jr., Chairman
Beatrice Bailey Hill, Vice Chairman
Joseph T. Bowden
Walt Titchener
Commissioner Dan B. Andrews was absent.
Staff present: Neil Emory, County Manager
Wm. A. (Tony) Wilder, Assistant County Manager
Dwight W. Snow, County Attorney
Vanessa W. Young, Finance Officer
Kay S. Blanchard, Recording Secretary
Chairman Sorrell called the meeting to order at 7 p.m. and
Commissioner Bowden offered the invocation.
Commissioner Hill moved to add the following items to the agenda:
- Presentation of Airport Layout Plan
- Request from Harnett Central High School Booster Club for matching
funds to purchase activity bus
- Resolutions authorizing execution of Amendment to Water Purchase
Agreement for East Central Water & Sewer
- Engineering Agreement for South Regional Water Project
- Contract for consultant for Strategic Planning
Commissioner Bowden seconded the motion and it passed with a unanimous
vote.
Commissioner Titchener moved to approve agenda with addition of above
listed items. Commissioner Bowden seconded the motion and it passed
with a unanimous vote. I
CONSh"'NT AGENDA ITEMS Upon motion by Commissioner Bowden and seconded by Commissioner
Titchener, the Board unanimously approved the following items on the
Consent Agenda:
1. Minutes: Regular Meeting, January 3, 1995
2. Budget Amendments:
Social Services
Code 10-7710-0610 Day Care (Non-FSA) 101,179. decrease
Revenue: 10-3480-0027 Day Care (Non-FSA) 101,179. decrease
Soil & Water
Code 10-6700-0740 Capital Outlay & Equipment 410. increase
Revenue: 10-3830-0300 Miscellaneous Revenues 410. increase
Child Care Trust Advocacy
Code 10-7303-0030 Salaries & Wages Part-time 367. increase
10-7303-0050 FICA Tax 93. increase
10-7303-0740 Capital Outlay 199. increase
Revenue: 10-3480-0880 Child Care Advocacy 659. increase
Health Department
Code 10-7600-0110 Telephone 799. increase
Code 10-7600-0740 Capital Outlay & Equipment 2,897. increase
Revenue: 10-3990-0000 Fund Balance Appropriated 3,696. increase
Health Department
Code 10-7600-0100 Employee Training 50. increase
10-7600-0110 Telephone & Postage 500. increase I
10-7600-0120 Printing & Binding 500. increase
10-7600-0140 Travel & Meetings 500. increase
10-7600-0260 Advertising 4,000. increase
10-7600-0330 Materials & Supplies 4,309. increase
10-7600-0360 Uniforms 300. increase
10-7600-0460 Medical Supplies & Drugs 6,451. increase
10-7600-0740 Capital Outlay-Equipment 1,180. increase
Revenue: 10-3480-0273 Immunization Action Plan 17,790. increase
This End Up Furniture
Code 63-9020-0010 Construction-This End Up 5,457. decrease
63-9020-0020 T.A. Loving 186,242. decrease
63-9020-0030 Hendrix-Barnhill 278,758. decrease
63-9020-0200 Legal & Administrative 10,000. decrease
63-9020-0300 Engineering-This End Up 10,000. decrease
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685
Revenue: 63-3290-0000 Interest on Investment 457. decrease
63-3480-0020 Dept. of Commerce 230,000. decrease
63-3970-0010 Advance from General Fund 10,000. decrease
63-3700-0000 Indust. Bldg. Renovation Fd. 250,000. decrease
School Construction increase
Code 75-9027-0010 Construction 23,700,000.
I 75-9027-0200 Legal & Administrative 50,000. increase
75-9027-0300 Engineering 325,000. increase
75-9027-0800 Contingency 164,972. increase
Revenue: 75-3800-0000 COPS Issue 24,389,972. increase
75-3980-0000 Interfund Transfer -
Capital Project 150,000. decrease
Governmental Complex Proiect 65,000. decrease
Code 74-9021-0010 Construction
74-9021-0020 Phoenix, Water Tank 606,571. increase
74-9021-0030 Hendrix-Barnhill, Sewer 278,758. increase
74-9021-0040 T.A. Loving, Water 319,385. increase
74-9021-0050 Sigma Const., General 5,204,000. increase
74-9021-0060 Britt, Braxton, Plumbing 448,400. increase
74-9021-0070 Southern piping, Mechanical 993,000. increase
74-9021-0080 Triple R, Electric 843,300. increase
74-9021-0400 Land & Right of Way 20,000. increase
74-9021-0200 Legal & Administrative 50,000. decrease
74-9021-0210 Surveys 30,000. increase
74-9021-0220 Architect Fees 400,000. increase
74-9021-0300 Technical Fees 230,000. decrease
74-9021-0740 Capital Outlay, Furniture 250,000. increase
74-9021-0800 Contingency 35,532. decrease
74-9021-1560 Trans. to Water Plant Expan. 150,000. decrease
74-9021-1561 Trans. to Sch. Const. 150,000. decrease
Revenue: 74-3480-0020 Dept. of Commerce -
Competitive Fund 230,000. increase
74-3700-0000 Ind. Bldg. Renovation Fund 250,000. increase
74-3970-0010 Transfer from Cap. proj. 1,000,000. decrease
74-3970-0020 Interfund Transfer, Metro 250,000. increase
I 74-3800-0000 COPS Issue 8,782,882. increase
74-3830-0010 Town of Lil1ington 200,000. increase
HelpNet
Code 10-7301-0110 Telephone & Postage 660. increase
10-7301-0120 Printing & Binding 627. increase
10-7301-0140 Travel & Meetings 660. increase
10-7301-0330 Materials & Supplies 1,155. increase
10-7301-057 Miscellaneous Expense 165. increase
10-7301-074 Capital Outlay 1,250. increase
Revenue: 10-3990-0000 Fund Balance Appropriated 4,517. increase
ROAD ADDITIONS 3. Resolution adding Ponderosa Trail & Summit Court to State Road
System (Attachment 1)
FARM LEASE WITH 4. Farm lease with Aaron Johnson, Jr. on governmental complex
AARON JOHNSON, JR. property
RESOL. REJECTING 5. Resolution rejecting bids for Department of Social Services
BIDS FOR DSS EQUIP. commuter equipment (Attachment 2)
PARRALLEL TAXIWAY 6. Local funds certification for completion of parallel taxiway at
Harnett County Airport
Informal comments were provided by the following citizens:
1. Floyd Hein, Anderson Creek area, concerning dry taps
2. Charles Meeks, Anderson Creek area, concerning trash in
neighborhood
Chairman Sorrell stated that the Board would now consider matters
EAST CENTRAL W & s sitting as the governing body of East Central Water & Sewer District.
I Janice Pond, FmHA, stated that at the January 3, 1995 Board of
Commissioners meeting, the Board approved a Letter of Conditions and
related documents concerning East Central Water & Sewer District. Due
to an interest rate change, all documents approved at that meeting
were null and void. Ms. Pond presented a revised Letter of Conditions
and related documents for the Board's consideration. Commissioner
Bowden moved to approve the revised Letter of Conditions and related
documents. Commissioner Hill seconded the motion and it passed with a
unanimous vote. (Attachment 3)
AMEND. TO WATER Neil Emory, County Manager, presented for the Board's consideration a
Resolution Authorizing Execution of Amendment to water Purchase
PURCHASE CONTRACT Contract with The County of Harnett. Commissioner Hill moved for
adoption of the resolution. Commissioner Bowden seconded the motion
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686
and it passed with a unanimous vote. (Attachment 4)
There being no further business for East Central Water & Sewer
District, Chairman Sorrell closed that portion of the meeting.
Neil Emory, County Manager, presented for the Board's consideration a
Resolution Authorizing Execution of Amendment to Water Purchase I
Contract with East Central Water and Sewer District of Harnett County.
Commissioner Hill moved for adoption of the resolution. Commissioner
Bowden seconded the motion and it passed with a unanimous vote.
(Attachment 5)
ENGINEERING AGREEMENT Neil Emory, County Manager, presented for the Board's consideration an
SOUTH REGIONAL vlATER agreement for engineering services with Marziano & Minier, P.A.,
concerning South Regional Water Tank & Booster Pump Station, and a 20
inch water line along Highway 27 w/Booster Pump Station. Commissioner
Bowden moved for approval of the agreement. Commissioner Titchener
seconded the motion and it passed with a unanimous vote. Mr. Emory
presented a proposed resolution concerning financing of the same
project. Commissioner Bowden moved for adoption of the resolution.
Commissioner Hill seconded the motion and it passed with a unanimous
vote. (Attachment 6)
INTERIM ARRANGEMENTS Sheriff Larry Knott briefed the Board on proposal for interim
FOR LAW ENFORCEMENT arrangements for law enforcement at Campbell University. Sheriff
AT CAMPBELL UNIVERSITY Knott explained that due to a recent N.C. Supreme court ruling,
Campbell University will no longer be allowed to have its own police
force. While this case is being appealed, it has been requested that
the Sheriff's Department incorporate the current University Department
into its operation. Sheriff Knott explained how this might be
accomplished. Commissioner Bowden made a motion to authorize
implementation of the proposal and for the County Attorney to develop
a contract for this purpose. Commissioner Hill seconded the motion
and it passed with a unanimous vote. Commissioner Titchener moved to
adopt a resolution requesting the State Attorney General's Office to
proceed with this matter to the U.S. Supreme Court in an attempt to
overturn the ruling recently handed down by the N.C. Supreme Court.
Commissioner Hill seconded the motion and it passed with a unanimous I
vote. (Attachment 7)
FEES AT EMS Dan Gardner, EMS Director, presented a request for an increase in fees
for Emergency Medical Service. Commissioner Bowden moved to approve
the proposed rate schedule effective January 1, 1995. Commissioner
Hill seconded the motion and it passed with a unanimous vote.
ON-CALL PAYMENTS FOR Neil Emory, County Manager, presented a request from the Health
HOME HEALTH Department for increase in the current "on call" payments made to
Home Health employees. To fund the increases, the department would
delete the new nursing position funded this year for weekend work.
Commissioner Bowden moved to approve the request. Commissioner
Titchener seconded the motion and it passed with a unanimous vote.
RADFORD ELECTRIC BID Neil Emory, County Manager, presented a request from Mr. Kermit
Radford, Radford Electric, for the Board to reconsider its decision to
BOND require him to forfeit his bid bond associated with recent bid for
Contract 6 - East Central Water & Sewer District project.
Commissioner Bowden moved to return Mr. Radford's bid bond as
requested. Commissioner Hill seconded the motion and it passed 3 to 1
with Commissioner Titchener casting the dissenting vote.
LAND USE PERMIT FORM Neil Emory, County Manger, briefed the Board that several County
departments have been working to develop a Land Use Permit Form
which would standardize information requested from citizens and should
streamline an individual's dealings with county government.
Commissioner Hill made a motion to approve the Land Use Permit and to
authorize the staff to make minor adjustments as needed. Commissioner
Titchener seconded the motion and it passed with a unanimous vote.
HOUSING CODE In the County Manager's report, Mr. Emory discussed the possible I
development of a County Housing Code and stated that staff needs
direction from the Board concerning options on the matter. The Board
directed that staff explore the possibility of developing a housing
code for a specific community.
Reports were filed with the Board from the Sheriff's Department,
Planning Department, Emergency T1edical Service, Health Department,
and Fire Marshal's Office. A report of Intra-Departmental Budget
Amendments was also filed with the Board. (Attachment 8)
APPOINTMENTS Commissioner Bowd, ,. made a motion for the appointments listed below.
Commissioner T i! ' , 'i.er seconded the motion and it passed with a
unanimous votE"
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687
1. Mid-Carolina Aging Advisory Committee
_ Reappointed Fred Raber for a 3-year term to expire 1/31/98
_ Appointed Graham Turlington for a 3-year term to expire 1/31/98
2. Library Board of Trustees .
- Reappointed Shi~ley Phillips for a 4-year term to exp1re 1/1/99
- Appointed Hilda Johnson for a 4-year term to expire 1/1/99
- Appointed Dr. Glen Rasmussen for a 4-year term to expire 1/1/99
I 3. Board of Health
- Appointed Manuel Lopez for a 3-year term to expire 12/31/97
- Appointed Donald Gregory to fill the unexpired term of Albert
Gregory. Term expires 12/31/96
AIRPORT LAYOUT PLAN Tony Wilder, Assistant County Manager, recognized members of the
Airport Committee present at the meeting and introduced Steve Bright,
Talbert & Bright, Inc., Engineering and Planning Consultants. Mr.
Bright presented a summary review of the updated Airport Layout Plan
and Report.
ACTIVITY BUS FOR HARNETT Neil Emory, County Manager, presented a request from the Harnett
CENTRAL HIGH SCHOOL Central High School Booster Club for matching funds to purchase a new
activity bus. Commissioner Bowden made a motion to approve the
request with the stipulation that in the future the Board be notified
in advance so the request will be included in budget preparation.
Commissioner Titchener seconded the motion and it passed with a
unanimous vote.
Neil Emory, County Manager, presented for the Board's consideration a
AGREEMENT FOR CONSULTANT Consulting Agreement with Robert E. Reiman for consulting services
STRATEGIC PLANNING associated with facilitation of the strategic planning initiative.
INITIATIVE Commissioner Bowden made a motion to approve the Consulting Agreement.
Commissioner Titchener seconded the motion and it passed with a
unanimous vote.
Commissioner Hill made a motion to go into closed session for the
CLOSED SESSION purposes of:
(a) to discuss a personnel matter pursuant to N.C. Gen. Stat.
S 143-318.11(a)(6); and
I (b) to instruct County staff on the position to take on a
proposed contract for the acquisition of real property
pursuant to N.C. Gen. Stat. S 143-318.11(a)(5)
Commissioner Bowden seconded the motion and it passed with a unanimous
vote.
Commissioner Hill moved that the Board come out of closed session.
Commissioner Titchener seconded the motion and it passed with a
unanimous vote.
There being no further business, the Harnett County Board of
ADJOURNMENT Commissioners regular meeting, January 17, 1995, duly adjourned at
9:50 p.m.
.{! J:d!
I . L. orrel1~ ., Chaiman
~LJ.~
Vanessa W. Young, Cle~ to he Board
~~. M<1Mdt-MJ
Kay S. Blanchard, Recording Secretary
I
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'Attachment 1.
HARNETT Cotn~ ~ I
NORTH CAROLINA
RESOLUTION I
BE IT RESOLVED that the Harnett County Board of
Commissioners do hereby, by proper execution of this
document, request that the North Carolina Department of
Transportation add to the State's Secondary Road System
for maintenance, the below listed streets:
Carolina Seasons Subdivision
Ponderosa Trail
Summit Court
Adopted this 17th day of January, 1995.
HARNE~~~~MMISSIONERS
ATTEST: r H. L. sorrer.' Chairman
L- '--fj) ~
Vanessa W. You , C erk
NORTH CAROLINA I
Attachment 2. HARNETT COUNTY
RESOLUTION REJECTING ALL PROPOSALS AND BIDS
THAT WHEREAS, the County of Harnett has disseminated as required
by law requests for proposals and invitations for bids in connection
with the proposed purchase by it of personal computers and related
items for use by the Harnett County Department of Social Services; and
WHEREAS, the County of Harnett has published notice of such
requests for proposals and invitations for bids as required by law;
and
WHEREAS, pursuant to said requests for proposals and invitations
for bids the County of Harnett received sealed proposals or bids from
Entre Business Systems, Mac's Business Machines, Inc., and MicroAge;
and
WHEREAS, such proposals or bids have been opened as by law
provided and reviewed by the appropriate representatives of the County
of Harnett; and
WHEREAS, the above referenced requests for proposals and
invitations for bids were determined to be insufficient in the
requests for proposals and invitations for bids specifications; and
WHEREAS, the requests for proposals and invitations for bids
provided that the County of Harnett may reject any and all bids and
proposals received by it pursuant thereto; and
WHEREAS, under the circumstances and facts hereunto appertaining
it is believed that it is in the best interest of the County of
Harnett to reject any and all proposals and bids received by it as
herein set forth: I
NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF
COMMISSIONERS that any and all proposals and bids received by the
County of Harnett as above set forth shall be and same are hereby
rejected.
This the. 17th day of January , 1995.
HARNETT COUNTY BOARD OF COMMISSIONERS
/{ If~'/
ATTEST: H. ' t,/ orrep -Jr., Chairman
1~-'" '7J,-Uh~ /
Vanessa W. Yount .. 1 ~k
689
Attachment 3.
1027 Highway 70W
suite 219
.:.';';.i.;'" Garner, NC 27529
/.. _..~\ United St.... F.-men
i j DtpInmem of Home
\~W/ Agriculture Adminiltretion January 17, 1995
I Mr. H. L Sorrell, Jr.
Chairman, East Central Water & Sewer District
P.O. Box 1119
Lillington, NC 27546
Dear Mr. Sorrell;
This letter is in revision of and in addition to our Letter of
Conditions dated January 18, 1994, copy attached herewith, previously
delivered to you presenting conditions upon which Farmers Home
Administration (FmHA) could consider providing financial services.
This letter is not to be considered as a loan approval or as a
representation as to the availability of funds. Due to the increased
cost of the proposed water distribution project as evidenced by bids
received, additional funds are necessary to fund th6 project. The
second paragraph of the January 18, 1994, Letter of Conditions is
amended to add $172,000.00 in loan funds changing the loan amount
from $3,608,000 to $3,780,000. In addition to this change in funds,
the District will need to provide evidence to our agency that the
additional funds needed to completely fund the project are available.
All other conditions and representations as noted in the January 18,
1994, Letter of Conditions are and remain as indicated in the letter.
Please complete and return the attached Form FmHA 1942-46 and other
related forms, if you desire that further consideration be given to
your application.
If the conditions set forth in the January 18, 1994, Letter of
Conditions and this revision and amendment are not met within twelve
(12) months from the date hereof, FmHA reserves the right to
discontinue the processing of the application for subsequent loan
funds.
III Sincerely,
/..;;.-;;;;;~..~ U I...... S F - 4001 Carya Drive
it>. - n.... t.t,1 .-me.. i
\~ Otplnmerrt of Home Su te B
\~) Agriculture Admlnlstretlon Raleigh, NC 27610
January 18, 1994
Mr. H.L. Sorrell, Jr.
Chairman, East Central Water & Sewer oistrict
P.O. Box 1119
Lillington, NC 27546
-
Dear Mr. Sorrell:
This letter establishes conditions which must be understood and
agreed to by you before further consideration may be given to
your application.
This letter is not to be considered as loan approval or as a
representation as to the availability of funds. The docket may
be completed on the basis of a loan not to exceed $3,608,000.00
and a development grant not to exceed $2,000,000.00
If FmHA makes the loan, vou may make a written reauest that the
interest rate be the lower of the rate in effect at the time of
III loan a,..,...oval or the time of loan closin9. If yOU do not reauest
the lower of the two interest rates, the interest rate charged
will be the rate in effect at the time of loan apDroval. The
loan will be considered approved on the date a sIgned copy of
form FmHA 1940-1, · Request for Obligation of Funds," is mailed
to you. If YOU wan1: the lower of the two ra1:es, your written
request should be sw.lttecl to FmHA as soon as practical. In
order to avold possible delays in loan closinq such a re~est
should ordinarl1y be subm1tted at least 30 calendar days before
loan closlnQ.
Any changes in project costs, source of funds, scope of services
or any other si9nitican1: chanqes in the project or applicant must
be reported to and approved by FmHA by written amendment to this
letter. Any changes not approved by FmHA shall be cause for
discontinuing processing of the application.
Please complete and return the attached Form FmHA 1942-46, if you
desire that further consideration be given your application.
If t:he_.....a.:-1:-.: ...,,_ set: forth ift this letter ::tee ::elo ::1&~ \/:' ~t.i::
1...a. ,..~..... 1..-\ LL - J .:l..~_ ~_.._ L__._____ - ----- ......... -~-
E) ~ () If the conditions set forth in this letter are not met within
twelve (12) months from the date hereof, FmHA reserves the right
to discontinue the processing of the application.
REPAYMENT SCHEOULE .
The insured loan will be scheduled for repayment over a
period not exceeding 40 years. Each installment
will be due June 1 with the first installment due the
first June 1 following the date of loan closing or
delivery of the bond. The first two installment(s)
will be interest only installment(s).
INTERIM FINANCING I
The district will obtain temporary construction financing in
accordance with FmHA Instruction 1942-A, subsection 1942.17
and North Carolina Instruction 1942-A.1, III. Interim
financing will be obtained through the sale of bond
anticipation notes with assistance of the North Carolina
Local Government Commission.
DISBURSEMENT OF FUNDS
If interim financing is used, FmHA loan funds will not be
disbursed until all such funds are exhausted. Loan funds
will be disbursed in a single advance when the bond sale has
been scheduled with the Local Government Commission.
Applicant's Grant funds will be disbursed after grant
closing upon receipt of Form FmHA 440-11 from the grantee.
Each request for funds will cover a 30 day period of time.
FmHA funds will not be used' to re-finance other project
funds.
SECURITY
security for the loan will consist of a General Obligation
Water Bond authorized and prepared in accordance with FmHA
Instruction 1942-A, subsection 1942.19. Farmers Home
Administration will negotiate the purchase of the bond with
the district and the North Carolina Local Government
Commission. The Commission reserves the right to require a
public offering of the bond.
ORGANIZATION
The district must provide the necessary certification,
comments, and recommendations concerning its organization
and authority to issue bonds and compliance with special
laws and regulations in accordance with FmHA Instructions I
1942-A, subsection 1942.17, (k) which should include the
following:
a. Compliance with special laws and regulations.
b. state Pollution Control on Environmental Protection
Agency Standards.
c. Consistency with other development plans.
d. state agency regulating water rights.
e. National historic preservation.
f. civil Rights Act of 1964. .
g. Architectural Barriers of 1968.
(Refer to FmHA Instruction 1942.17(k) )
h. Title IX of the Education Amendments of 1972.
i. Section 504 of the Rehabilitation Ac~ of 1973.
j. Age Discrimination Act of 1975".
ACCOUNTING, AUDITS, ANO REPORTS
Accounting and auditing will be established and maintained
in accordance with the requirements of North Carolina
General Statutes, FmHA Instructions 1942.17(q) and
". a:ppropi:'iafE!'~6MB-"Circunrs-:~"~iie~' audit~report is t-o'~j)e"in""
accordance with OMB Circular A-128 for the year(s) in which
the appropriate amount of Federal Assistance is received and
in accordance with FmHA requirements set forth in FmHA
Instructions 1942-A, section 1942.17(q) for other years.
The district is to provide FmHA a copy of their Audit
Contract. A copy of the annual audit report will be
provided FmHA in accordance with FmHA Instruction
1942.17(q).
INSURANCE AND BONDING
Insurance and bonding must be obtained as required by North
Carolina State Statutes, and FmHA Instructions 1942-A,
subsection 1942.17(j) (3). The district will furnish a
certificate concerning the adequacy of insurance and bonding I
annually.
The district will provide fidelity bond coverage for the
positions of officials entrusted with the receipt and
disbursement of its funds and the custody of valuable
property. The amount of the bond will normally approximate
the total annual DEBT SERVICE REQUIREMENTS for the FmHA
loan(s). The district may make a written request to provide
less coverage, along with justification, to FmHA for their
review and decision on the request.
The public liability and property damage insurance
requirement sh:.\JJd be discussed by the district and their
attorney and the amounts established accordingly in amounts
adequate to protect the district from civil action arising
from the function of the applicant relative to the project.
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691
Fire and extended coverage should be in an amount equal
to the replacement value of all above ground structures
including district owned equipment and machinery housed
therein.
Workman's compensation Insurance will be maintained by the
district .s required by North Carolina General statutes.
.
FINAL PLANS AND CONSTRUCTION CONTRACT DOCUMENTS
I Final plans must conform essentially with the project
described in the preliminary Engineering Report on which the
project is funded. Should the project be changed which will
result in increasing the project cost or operating budget,
the FmHA must be notified and a revised Preliminary'
Engineering Report with the new budget must be submitted.
Any changes not approved by FmHA shall be cause for
discontinuing processing of the application.
The construction contract documents must be completed in
accordance with FmHA Instruction 1942-A, Subsection 1942.18.
The district and their engineer must consider all materials
suitable for the project. The engineer must specify all
materials normally used. Contracts must be awarded on the
basis of the lowest bid acceptable material. IN ANY CASE
WHERE THE APPLICANT PROPOSES TO AWARD A CONTRACT (OR
CONTRACTS) '1'0 A BIDDER OTHER THAN THE APPARENT LOW BIDDER,
THE APPLICANT MUST FIRST OBTAIN CONCURRENCE FROM THE FmHA
STATE DIRECTOR BEFORE TAXING ACTION TO AWARD THE CONTRACT
(OR CONTRACTS). FmHA reserves the ri~ht not to concur in
any contract where this policy ~s not followed.
Concurrence by the FmHA State Off1ce Engineer .ust be
obtained prior to negotiating with contractors subsequent to
opening bids. FmHA contracts and bid documents should be
used for projects jointly funded with other agencies.
LOAN RESOLUTION
The District must formally adopt Form 1942-47, Loan
Resolution, at a proper meeting of the governing body.
Adoption of this document should be made a part of the
official minutes of the district. Forms FmHA 400-1, Equal
opportunity Agreement, and FmHA 400-4, Assurance Agreement,
are to be formally adopted at the same meeting and a
certified copy of the minutes provided FmHA.
OPERATING BUDGET \
I
A water system operating budget must be adopted by the
applicant after approval by FmHA. A water rate
schedule must be adopted which will provide sufficient
revenue to meet the requirements of the operating
budget. A certified copy of the resolution adopting
the budget must be provided to FmHA.
RULES AND REGULATIONS
Water system rules and regulations must be submitted
to FmHA for approval prior to loan closing.
USE OF SERVICE
An enforceable user agreement with a penalty clause is
required unless the district has adopted a mandatory
hookup ordinance and agrees in writing to enforce
the ordinance.
-.
WATER PURCHASE/TREATMENT CONTRACT
The district must obtain a water purChase/treatment
contract with Harnett County that will provide for
sufficient water to meet the . needs of the district.
Form .FmHA 442-30, Water Purchase contract, can be used
or used as a guide. The contract must be approved by
FmHA prior to loan closing or start of construction,
whichever occurs first.
GRANT AGREEMENT
The district must adopt Form FmHA 1942-31, Association
Water and Sewer Grant Aqreement, at a proper meeting of
the governing body. Adoption of this document should
I be made a part 'of the official minutes of the district.
Attached is a copy of Form 1942-31, Association Water
or Sewer system Grant agreement for your review. You
will be required to execute a completed form at the
time of grant closing.
ORDER OF FUND EXPENDITURE
The district's contribution shall be considered to be
first funds expended. After providing for all
authorized costs, any remaining FmHA project funds
will be considered to be FmHA qrant funds and
refunded to FmHA. If the amount of unused FmHA
project funds exceeds the FmHA grant, that part
would be FmHA loan funds.
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692 GRADUATION
The district will refinance the unpaid balance, in whole or
in part, of its debt upon the request of the Government if
at any time it should appear to the Government that the
district is able to refinance it notes/bonds by obtaining a
loan for such purposes from responsible cooperative or
private sources at reasonable rates and terms.
EXCESS FUNDS
If there is a significant reduction in project cost as a
result of re-design or bids received, the district's funding
needs will be re-assessed before loan closing or start of
construction, whichever occurs first.
DEBARMENT CERTIFICATION I
The district is to certify that they are not debarred or
suspended for Federal Nonprocurement Programs by the
execution of Form AD-1047, Certification Regarding
Debarment, Suspension and other Responsibility Matters -
Primary covered Transactions, prior to loan approval. Also
Form AD-l048, certification regardinq Debarment, Suspension,
Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions, is to be used by lower tier parties (builders,
contractors, dealers, suppliers, manufacturers, and others)
involved in transactions exceeding $25,000.00
DRUG-FREE WORK PLACE REQUIREMENTS (GRANTS)
The Drug-Free Workplace Act of 1988 (Public Law 100-690) was
incorporated into the Federal Acquisition Regulations by FAC
84-43 dated March 18, 1989. The district will certify that
they will provide a drug-free workplace, are not involved
with drugs and will establish an educational program
concerning drug abuse for employees by executing Form AD-
1049 prior to loan approval.
DEBT COLLECTION POLICIES
The district will acknowledge receipt of debt collection
policies by executing Form FmHA 1910-11, IlApplication
Certification, Federal Collection Policies For Consumer or
commercial Debts" prior to loan approval.
DISTRICT'S CONTRIBUTION
The district is to deposit $90,000.00 in the construction
account prior to loan closing or the start of construction,
whichever occurs first. These funds are considered to be
expended first and are to be used with other funds to I
complete the funding of the proposed project.
CLOSING INSTRUCTIONS
The loan will be closed in accordance with instructions
issued by the Office of the General Counsel and
applicable FmHA and state procedures.
FINANCIAL COMPENSATION FOR DEFICIENCIES
"The district agrees that, in the event of deficiencies in
development, design, or construction of the project or any .
part thereof, the district will take the required
administrative or legal action to secure financial
compensation from the engineer, contractor or attorney as
appropriate for any necessary cost to restore the project of
defective part to a level of service equal to that expected
for normal design and/or construction and legal services".
Appraisal
The purchase of any existing facilities will be based upon
an appraisal prepared by FmHA Program support Staff.
PROFESSIONAL SERVICES AND CONTRACTS
Contracts or other forms of agreement between the district
and its professional and technical representatives are
required and are subject to FmHA concurrence. FmHA forms
and/or guides are available for use by the district when
appropriate. "
MITIGATION MEASURES REQUIRED TO AVOID AOVERSE ENVIRONMENTAL
IMPACT
The following measures must be accepted and agreed to by the I
district prior to loan approval:
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 on Transportation
Waterline construction along rural paved and unpaved roads
will create minor local traffic problema within the
i1llJDediate construction area. Disruption in traffic,
however, will be minimized by the effective use of barriers
and flagman and by filling all open trenches at the end of
each day. North Carolina Department of Transportation (DOT)
safety regulations will be ,.' "!.ctly observed. DOT personnel
will be included in tt.{ .. ~construction conference and
construction progress me ~ ,., ,.
'l'''',~'~P~' ""'f1"::!Wt>
693
c. Impact on Air Quality
Burning will be perforae4 in accordance with requirement of
.raittinv avenei... Burninq will be kept to a minimum by
~aulinq 4ebri. to the lan4fill when pos.ible. Emission
control 4evice. will be required for all construction
equipment,.. nece..ary. Specifications will allow the
project engineer to require dust control measures if needed.
D. Impact on Noise Level
construction equipment will be properly muffled and operated
I outside of normal sleeping hours to reduce the noise and
impact of noise associated with construction.
E. Impact on Erosion
Sediment and erosion control measures will be strictly
adhered to at stream crossings. specifications and permits
will require the topography of the area to be restored to
pre-project conditions. No fill or excavation (other than
required to install the water line) will be allowed.
Vegetation will be restored as quickly as site conditions
allow. state personnel from the NC Department of Natural
Resources typically monitor construction activities on a
regular basis and strictly enforce floodplain/wetland
erosion control measures. NC state law requires that a
sediment and erosion control plan be developed and
implemented on the project.
F. Impact Wetlands
To eliminate the possibility of the water system
accommodating future development within designated wetlands,
the following future service restrictions will be adopted
and enforced by the district:
The oistrict will not install a new water service or will
not agree to otherwise provide wate~ service to any
structure, dwelling, building or other improvements, which
is located in whole 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.
I These maps in their most updated form are to be maintained
on permanent file at the central office of the district.
This restriction shall be adopted by resolution of the
district's governing body and shall be binding upon the
district, its representatives, successors, and assigns.
This resolution shall in no manner be altered, amended,
rescinded or modified without first obtaining the prior
written consent of the Farmers Home Administration, USDA an
agency of the United states Government.
G. Farmland Impact
To minimize the project's potential impacts on important
farmland, the following mitigation measure will be adopted
and enforced by the district:
The District will adopted and enforce a resolution stating
that the sanitary 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 NC27 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 ~;5~~
The district further agrees to select future well and tank
sites, pump stations, etc. to avoid conversion of prime or ~
important farmland. .
The district must agree to design and construct the proposed
project to limit capacities to those required to meet
minimal needs of the district and to -comply with State
I Regulatory Agency requirements and sound engineering
practices.
All ap~licable ~tems set out in Form ~mHA 442-13, Processing
checkl~st, PubllC Body, apply to thlS project and become a
part of the Letter of Conditions.
Sincerely,
/..:51
JACKIE E. MCLAMB
District Oirector
Enclosures
694
EAST CENTRAl, WATER & SEWER OISTRICT OF HARNETT COUNTY 1
RESOLUTION NO:
BE IT RESOLVED
Let it be known that the Board of Commissioners of the East Central
Water & Sewer District of Harnett County, hereby, recinds that
resolution of January 3, 1995, but continues to amend that r7s~lution
adopted January 18, 1994, (which accepted the Letter of Cond~t~ons
dated January 18, 1994, and Form FmHA 1942-47, Loan Reso~u~ion d~ted
January 18, 1994 in connection with the Farmers Home Adm~n~strat~on
request for services); I
Let it be known that the Board continues to accept the conditions set
forth in a Letter of Conditions dated January 18, 1994, and now
revised on January 17, 1995, along with Form lillHA 1942-47, Loan
Resolution dated January 17, 1995 and FOI In J. 'HA 1942-31, Grant
Agreement dated January 17, 1995.
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 17, 1995.
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
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 FmHA 1942-31 Grant Agreement
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 either the time of
loan approval or loan closing.
The proposed rate schedule for water use is as follows:
Minimum-$10.48 and $2.04/1000 gallons of water usage I
The resolution to become a part of the official minutes of the_Bo.ard
of Commissioners meeting held January 17, 1995. Motion made
by and seconded by that
the Resolution be approved. Motion passed for and against.
ATTEST CHAIRMAN
EAST CENTRAL WATER & SEWER DISTRICT
( Position 5 C.
USDA-FmHA FORM APPROVED
Fonn FmHA 194247 OMB NO. 0575-0015
(Rev. 1.90) LOAN RESOLUTION
(Public Bodies)
A RESOLUTION OF THE BOARD OF COMMISSIO~S
..
OF THE EAST l..t.l.uttAL WATER. & SEWER DISTRICT OF lIARl'IIE.fT COUNTY
AUrnORIZING 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
FACILITY TO SERVE AN AREA LA WFULL Y WITHIN ITS JURISDICTION TO SERVE. --
WHEREAS, it is necessary for the ..,EA.C:;T l,;t;N1KAL WATER & S~ nT-9'rnTr.1'
(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
'll-IREE MILLION SEVEN HUNDRED EIGHTY TIlOUSAND AND NO'/lOOl'HS ($3, 780,000 ~))
pursuant to the provisions of LOCAL GOVERNMENT ACJ' (~...s. 1 I}Q4'.\ IT ~m) . ;and I
WHEREAS, the Association intends to obtain assistance from the Farmers Horne 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, fmancing, and supervision of such undertaking and the purchasing of bonds lawfuUy 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 containin~ such
items and in such forms as are required by State statutes and as are agreeable and acceptable to the Government.
2. To refmance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any tbne
it shall appear to the Government that the Association is able to refinance its bonds by obtaining a loan for such purposes
from responsible cooperative or private sources at rr :!~onable rates and tenns for loans for simHar purposes and periods
oftbne asrequired by section 333(c) of said Consolid:t1ed Farm and Rural Development Act (7 U.S;C. 1983(c)). -
3. To provide for, execute, and comply with Form FmHA 400-4, "Assurance Agreement," and Form FmHA 400.1, "E~Ual
Opportunity Agreement," including an "Equal Opportunity Clause," which clause is to be incorporated in, or attac ed -
as a rider to, each constructiO!l ~cr:!ract and subcontract involving in excess of $10,000.
695
d I ff1 d by the Government on behalf of the Association.
4. To indemnify the Government for In~ p;ym.: ma e or o~rru= pledpct to pay the bonds or any other legal per-
Such lnlSImftlf1cadon Ihall be paylb rOlft . IUD' lOUr
mllllba. IOUrOt. the bonds in the performance of any cov-
5. 'lhat upon .'lIlh in tht .c4m::: :~< S:C~N::n:c.:~te:::"k:na or _ the loan, the Gove~ent at
mwtt Of ~ =- tilt ",tiN prtncIpalamount then ou~ anclaccrued interest immediately due and pay-
:..op&; ,~'~.t of the AIIocIatIon (payable from the ioUree of funds pledpd to pay the bonds or any other
_ ..... .,.), IMut Ift4 pty r_.-we IX~' for repair, m*teaanee, ancl operation of the facility and
I .... de- ........ ....... II :at 1M ......,. to CUM the cau. of clefault. and/or (c) tab pollnlion of ~e facUity,
''flit, __., .. opII'Itt or r.nt t. Defatlt uDder the !ovcwtllonl of this moIutkm or any instrument iacldent to the
mlldnt or -tint of the loan may be construed by the ."""ent to constitute default under any other instrument
held by the Government Ind executed or IllUmed by the Auoclation, and default under any IUCh instrument may be
construed by the Government to conltitute default hereunder.
6. Not to sell, transfer, lease, or otherwise encumber the facUlty or any portion thereof, or interest therein, or permit others
to do so' without thp. orlnr written consent of the Government.
7. Not to deCease.the bonds, or to borrow money, enter into any contract or agreement, or otherwise incur any liabilities
for any purpose in connection with the facUity (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 reldny marketable securities backed
by the fun fafth and credit of the United States. Any income from these accounts will be considered as revenues of the
. system.
9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility
in good condition.
10. To provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance, and
the establishment of adequate reserves. Revenue accumulated over and above that needed to pay operating and mainte-
nance, debt service and reserves may only be retained or used to make prepayments on the loan. Revenue cannot be used
to pay any expenses which are not directly incurred for the facUity fmanced by FmHA. No free service or use of the
facility will be permitted.
It. To acquire and maintain such insurance and fidelity bond covera~e as may be required bv 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 approvai of the Government, funds may be withdrawn for:
(a) Paying the cost of repairing or replacing any damage to the facility caused by catastrophe.
- (b) Repairing or replacing short-lived assets.
(c) Making extensions or improvements to the facility.
I 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 aU 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 fallure to provid.e services which
are feasible and legal, such person shall have a direct right of action against the Association or public body.
16. To comply with the <measures identified in the Government's environmental impact analysis for this facility for the pur.
pose of avoiding or reducing the adverse environmental impacts of the facility's construction or operation.
17. To accept a grant in an amount not to exceed S 2.000 .000.00
under the terms offered by the Government; that the CHAIRMAN
and CLERK of the Association are hereby authorized and empowered to take aU action necessary
or appropriate in the execution of aU written instruments as may be required in regard to or as evidence of such grant; and
to operate the (acUity under the terms offered in said grant agreement(s).
The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan, unless otherwise
specifically provided by the terms of such instrument, shall be binding upon the Association as long liS 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 Nays Absent
IN WITNESS WHEREOF, the BOARD OF COMMISSIONERS of the
FAST CENTRAL WATER AND S&lER DISTRICT OF HAID+4~J.T COUNTY has duly adopted this resolution and caused it
to be executed by the officers below in duplicate on this 17th day of JANUARY , 19..21..
EAST CENTRAL WATER & SJOO:R DISTRIc;T
I (SEAL) By
H.t. SORRELL,- JR.
Attest: Title CHAIRMAN
VANt:::i~A W. rwNU
Titil" SECRETARY
696
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
I
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.
Dated. thi~ day of .19_.
Title
. U.S.OPO: 1 890-0-717.014122842
Form FmHA 1942-31 FORM APPROVED
(Rev. 12-89) OMB NO. 0575-0074
UNITED STATES DEPARTMENT OF AGRICUL TURf
FARMERS HOME ADMINISTRATION
ASSOCIA TION W ^ TER OR SF.W.~R SYSTEM G RANT AGREEMENT
THIS AGREEMENT dated . ,TANTTARY 17 . 19 .95-, between
EAST CENTRAL WATER & SEWER DISTRH~T OF HAR1\II'.1T ('()JT1\l'T'V
a public corporation organized and operating under .ARTT(~T.F. 6 OF r.HA...Tt<,H' J 6/ A OF J.rtt!,; NOD'T"U CAROLIW_
GENERAL STATUTES
(Authorizing Statute)
herein called "Grantee," and the United States of America acting through the Farmers Home Administration. Department of Agri-
culture. herein caUed "Grantor." WITNESSETH:
WHEREAS 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,q~H,100,()() and has duly authorized
the undertaking of such project.
Grantee is able to finance not more than $ 3,780,000-00 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 $ 3.780.000.00 has been comitted to and by Grantee for such project development costs.
Grantor has agreed to grant the Grantee a sum not to exceed S 2,000,000 - on or 14 percent
of said development costs. whichever is the lesser. subject to the terms and conditions established by the Grantor. Provided. however....
that the proportionate share of any grant funds actually advanced and not needed for grant purposes shall be returned immediately to
the Grantor. The Grantor may terminate the grant in whole. or in part. at any time before the date of completion. whenever it is
determined that the Grantee has failed to comply with the conditions of the grant~
NOW. THEREFORE. In consideration of said grant by Grantor to Grantee. to be made pursuant to Section 306 (a)?! the
Consolidated Farm and Rural Development Act for the purpose only of defraying a part not to exceed 14
percent of the development costs. as defined by applicable Farmers Home Administration instructions.
GRANTEE AGREES THAT GRANTEE WILL:
A. Cause said project to be constructed within the total sums available to it. including said grant, in accordance with the
project plans and specifications and any modifications thereof prepared by Grantee and approved by Grantor.
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 fot: this facility for the pur-
pose of avoiding or reducing the adverse environmental impacts of the facility's construction or operation.
D. Comply with aU applicable state and federal laws and regulations and manage. operate and maintain the system, including I
this project if less than the whole of said system, continuously in an efficient and econonl'ical manner.
E. Make the services of said system available within its capacity to all persons in Grantee's service area without discrimina-
tion as to race, color. religion, sex. national origin. age. marital status. or physical or mental handicap (possess capacity to enter into
legal contract for services) at reasonable charges. including assessments. taxes, or fees in accordance with a schedule of such charges.
whether for one or more classes of service, adopted by resolution date .TANTTARV 17 ,1995-, 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.
I',,"lie rl'porli/lll ""rd.." fur llIi. (',,/I.'eli"/I of i/l.r"rmaJio/l is ...Iimaled I" allerall(' 2 11O!.r.. }ler ......~.O/l...... i/lct""i/l,1l Ihe lim.l' for rl'l~iewi'!~ il1S.'rUl'li~/I'.
....".(.IIillll ('.\'i.""'1I '/11/11 .mn.'..... Ill1tIlI'ri"l: 1111I/ "'"I11II11/11"g /l1f' ,I,,/a ",....1,..1. lI/1d e..III/,/,'/wl! "',,' r.'I'll'",mll /Ill' e,,/I. dum of III f"rma IIfJll. S/lllt ("mm. "ts
'"f'Nflrdi'lIl """ burd.'n ,'sl"""I,. or (In.\' utl"'r ....(IIf.'.' of 11.;te ,'(,;1",'1;"" of i,.fHr'II"",,,, "f~'''ItU'I/t! 1I""'':f'''t~i''"S for r.'tI'U"'''1l "..." ""r,',:", t" lh'I'm'/~"I"!I, fir
Allricultur.., Ckarllm',' ()"je,('r. (HUM, It..",,, 4'1-/. lV, W,~./,' ,.t. u.c:. 202M); """ la tI", "(flt'.. uf iI/<liIfIItI'/II""/ "III' ""dlt.,/. ) a/Jc'r"",rIl U. ./", ".."
I'rojecl (QMB No. 0575.0074), 11 ".'/,i/l,'on, lJ.C.20503_
(, 'ion 2 l FmHA 1942-31 (Rev. 12-89)
-------- e' -- -1P'~--""'.-.-,-,\":,- ~:. -r--";;,w~-
697
.' F Ad'u t its oper,tin, costs and service charges from time to time to provide for adequate operation and maintenance,
. ~lrS 'eservel obloieleonce reserves, debt service and debt service reserves. ..' .
emerae;cy r;~pand its ";.tem from time to time to meet reasonably anticipated growth or service requuements m the area wIthln
its jurisdiction. . . d" . f'ts r fons by are-
H. Provide Grantor with such periodic reports as it may require and permlt perto lC mspechon 0 lope a 1
presentative of the Grantor. " d
I To execute Forml FmHA 400-1 "Equal Opportunity Alreement," and FmHA 400-4, "Assurance Agreement, an any
olhff ~.....m.fttl required by Grantor which Grantee i. leplly authorized to execute. If any such forms have been executed by
Grantee a. a relUlt of a loan beln. made to Grantee by Grantor contemporaneously with the making of this Grant, another form of
the ..me type n.ed not be executed in connection with thil Grant. , .
J Upon an)' default under itl representations or aFeementlset forth in this instrument, or in the instruments mCldent to
I the I.'tdinl of th'llnt, Or.ne.., ae th, option and demand of Grantor, to the extent leplly permissible, will repay to grantor
torthwltb tilt 0"'1Ul amount of ehe .,ant reoeived whh the ine.teet acetUm. there~n from the date of default a~ the m~ket rate
tor wet.t .nd WII" cU'POIIlloan .....cance in eff.cton the date hereof or at the tune the default occurred, whichever IS greater.
.' Default by tht Orant.. wUI con.titute termination of the arlnt thereby CIUsit\8 cancellation of Federal assistance under the srant.
The provisions of this Grant All'eement may be enforced by Grantor, at its option and without reprd 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 comphance
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.
1. 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 tbe Grantor agency for the use of the real property in other projects when
the Grantee determines that the property is no longer needed for the original grant purposes. Use in other projects shall be
limited to those under other Federal grant programs or programs that have purposes consistent with those authorized for sup-
port by the Grantor.
3. When the real property is no longer needed as provided in 1 and 2 above, the Grantee shall request disposition
instructions from the Grantor agency or its successor Federal agency. The Grantor agency shall observe the following rules in
the disposition instructions:
(a) The Grantor may be permitted to retain title after it compensates the Federal Government in an amount
computed by applying the Federal percentage of participation in the cost of the original project to the fair market value
of the property.
(b) The Grantee may be directed to sell the property under guidelines provided by the Grantor agency and 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 Grant A~reement covers the following described real property (use continuation sheets as necessary).
ALL TANK SITES, PUMP STATION SITES, ht!.l.l!.l{ VAULT SITES, ALL RIGHTS-oF-WAYS OR EASEMENTS TIJAT
I ARE OBTAINED BY EAST CENTRAL WATER & SEWER DISTRIcr OF 1iARh~.L1. COUNlY BY NEGOTIATIONS,
CONDEMNATIONS, OR PURCHASE OF EXIl:)l.J.l<<; SYSTEMS.
M. Abide by the following conditions pertaining,to nonexpendable personal property which is furnished by the Grantor or
acquired wholly or in part with grant funds. Nonexpendable personal property means tangible personal property having a useful
life of more than one year and an acqUisition cost of $300 or more per unit. A Grantee may use its own definition of nonexpeildable
per~onal property provided such definition would at least include all tangible personal personal property as defined above.
1. Use of nonexpendable property.
(a) The Grantee shall use the property in the project for which it was acquired as long as needed. When no longer
needed for the original project, the Grantee shall use the property in connection with its other Federally sponsored activ-
ities, if any, in the following order of priority:
(1) 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 shaD be given to
FmHA sponsored projects. Second preference will be given to other Federally sponsored projects.
I 2. Disposition of nonexpendable property. When the Grantee no longer needs the property as provided in paragraph
I (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
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 Grailtor 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
instruction!! 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-
I 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: of the property, the Grantee shall be reimbursed by the
- Grantor agency for such costs incurred in its disposition.
3. The Grantee's property management standards for nonexpendable personal property shall also include:
(a) Property records which accurately provide for: a dr',cription of the property; manufacturer's serial number
or other identification number; acquisition date and cost: - :'i:ce of the property; percentage <at the end of budget year) of
Federal Participation in the cost of the project for which t: "roperty was acqUired; location, use and condition of the pro-
perty and the date the information was reported; and ultimo'"~ disposition data including sales price or the method used to
determine current fair market value if the Grantee reimburses tl.", Grantor for its share.
(b) A physical inventory of property shall be ted'cn and the results reconciled with the property records at least
once every two years to verify the existence, current U! l. dtion, and continued need for the property.
698
(c) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of the
property. Any loss, damage, or theft of nonexpendable property shall be investigated and fullY documented.
(d) Adequate maintenance procedures shall be implemented to keep the property in good condition.
(e) Proper sales procedures shall be established for unneeded propertY which would provide for competition to
the extent practicable and result in the highest possible return.
This Grant Areement covers the folIowinR described nonexpendable property (use continuation sheets as necessary).
ALL DISTR BUTIONS LINES, ~.LU\S, VALVES, FIRE HYDRANIS, WATER STORAGE TANKS, ALL BUILDINGS,
MASTER ht..I.~, AND NY AND ALL U.lJ1J!.l( FACILITIES COI,,::U.Kl)\.J.W OR PURCHASED BY FAST CENTRAL
WA'IER & SEWEll-DIS'DUCT OF HARJ.u.u CCJJNTY AS A PART OF ITS INITIAL WATER DISTRIBUTION SYSTm I
N. Provide Financial Management Systems which will include:
1. Accurate, current, and complete disclosure of the financial results of each grant. Financial reporting will be on an
accrual basis.
2. Records which identify adequately the source and application of funds for grant-supported activities. Those records
shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities,
outlays, and income. ..
3. Effective control over and accountability for all funds, property and other assets. Grantees shall adequately safe-
guard all such assets and shall assure that they are used solely for authorized purposes.
4. Accounting records supported by source documentation.
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 oJ. original records. The Grantor and the Comptroller General of
the United States, or any of their duly authorized representatives, shan 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.C. 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). The Grantee shall report.all suspected or
reported violations to the Grantor.
V. In construction contracts in excess of $2,000 and in other contracts in excess of 52,500 which involve the employment
of mechanics or laborers, to include a provision for compliance with Sections I03 and I07 of the Contract Work Hours and Safety
Standards Act (40 V.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR, Part 5).
V. To include in all contracts in excess of S I 00,000 a provision that the contractor agrees to comply with all the require-
ments of Section 114 of the Clean Air Act (42 U.S.C. ~1875C-9) and Section 308 of the Water Pollution Control Act (33 U.S.c.
~I318) 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 I
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 be utilized
in the performance of a grant, agreement,contract, subgrant, or subcontract. Where a location or site of operation contains or in-
cludes more than one building, plant, installation, or structure, the entire location shall be deemed to be a facility except where the
Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are co-located in one
geographical area.
W. The following clause is applicable to nonprofit organizations:
As a condition of thia Grant or Cooperative Agreement, the recipient a.uures and certifies that it is in compliance with
_ _ . and will comply In the course of the Agreement with all applicable lawl, regulations, Executive Orders and
other generally applicable requirementa, Including those let out in 7 CFR 3015.205(b), which hereby are incorporated
in thia Agreement by rt!ference, and luch statutory provisions u are specifically set forth hereIn.
GRANTOR 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 34 percent of the development costs of the project in accordance
with the actual needs of Grantee as determined by Grantor.
B. Will assist Grantee, within available appropriations, with such technical assistance as Grantor deems appropriate in
planning the project and coordinating the plan with local official comprehensive plans for sewer and water and with any State or
area plans lor the area in which the project is located.
C. At its sole discretion and at any time may give any consent, deferment, subordination, release, satisfaction, or termina-
tion of any or all of Grantee's grant obligations, with or without valuable consideration, upon such terms and conditions as Grantor
may determine to be (1) advisable to further the purpose of the grant or to protect Grantor's financial interest therein and (2) con-
sistent with both the statutory purposes of the grant and the limitations of the statutory authority under which it is made.
TERMINATION OF THIS AGREEMENT I
This Agreement may be terminated for cause in the event of default on the part of the Grantee as provided in Paragraph I
above or for convenience of the Grantor and Grantee prior to the date of completion of the grant purpose. Termination for con-
venience will occur when both the Grantee and Grantor agree that the continuation of the project will not produce beneficial results
commensurate with the further expenditure of funds.
IN WITNESS WHEREOF Grantee on the date first above written has caused these presence to be executed by its duly author-
ized CHAIRM.A!IT
and attested and its corporated seal affixed by its duly author i;'ed CLERK
. <-.. .
~~ .,...-..."""",~--,,-,,,,' ..,."..-.....,...,-..-~
~----- -~-_...__._-
699
5
ATTEST:
By VM~M w. YOONG By
I H.L. SORRElL, JR.
CLERK CHAIRMAN
(Title) (Title)
UNITED STATES OF AMERICA
FARMERS HOME ADMINISTRATION
By
. (Title)
USL>A-~mHA Position 3 Schedule 1
Form FmHA 442-7 OPERA TING BUDGET
(Rev. 8-12-76)
Name Address
.EAS,T CENrRAL WATER ~~F.WER nT~TRTC'1' P.O. MY 111Q . TlT T TNCIQbl
Applicant Fiscal Year County I State (Including ZIP Code)
From .JlILI 1 To .llJI:lF. 1 l HAR"''',T I 11\r ?15A1.
19Q,:\-Q9: 19Q4-91:l 19 Qll-Clf' 19 First Full Year
OPERATING INCGME (1) (2) (3) (4) (5)
1. WATER SALES -0- 100.000 200.000 454.656
2. TAP-ON FEES . 30.000 50.000 50.000
I 3.
4.
5. Miscellaneous
6. Less: Allowances and ( ) ( ) ( ) ( ) ( )
Deductions
7. Total Opcratinf Income 30.000 110.000 2101000 4r;4.nl:ln
(Add Lines 1 trough 6)
OPERATING EXPENSES
EMPLOYEE
8. SALAIqES & EXPEtiSL l5.000 48.000 ~ 7z...zao
9. OFFICE & ADM. ~ LOOO ~.ooo 7 J11J 7~W>
~ , . ,
10. MRC EXPENSE~ 1 QQO 'WXlO 1 Q...OO!'l l?_~m
-
11. rrrn .TTTF.~ 'ion ~.aon 4.(P1 ] A.'lY'
12. MAINTENANCF. -0- 1.000 2.000 4.000
13. SlW,",1 :Us. CHEMS. , ETC. SOO 1.000 1.QOO 2.000
14. WATF.R PrTRrnA~F. -0- 2.Z..6QO IlQ.Jm 0120,000
15. Interest (FmHA) ..0- 144.320 169,75~ 1 QA..Sa5
16. Depreciation
17. Total Operatin~ Expense 18.000 232.920 329.45~ L..?O ,11E\1l
(Add Lmes 8 trough 16)
18. NET OPERATING INCOME 12.000 -82.920 -79.453 34 . 071
(LOSS) (Line 7 less 17)
NONOPERATING INCOME
19.
20. .
I 21. Total Nonoserating Income
(Add 19 an 20)
22. NET INCOME (LOSS~
(Add Lines 18 and 21
(transfer to line A Schedule 12.000 -8?'.Q20 -7Q "Iii 'VI.Jll1
?~
4% BAN i'AJJ.1!. 3,608,000 = 144 ,320 Budget and Projected Cash Flow Approved by Governing Body
5.625% X 172,000 = _ .::9,675
5.125% X 3,608,000 = 184,910 Attes~ . 1-17-95
194,585 Annual VANESSA W. YOUNG Secretary Date
\(BAN RATE) + \(RECD RATE)1995-96 1-17-95
72,460 + 97,293 = 169,753
H.L. SORRELL, JR. Approprlizte Olftcilll Date
700 Schedule 2
PROJECTED CASH FLOW
First
19 93-94 19Q4-Qr; 19.25-Q,,_ 19 Full Year
A. Line 22 from Schedule 1 Income (loll) 12.~ -82.920 ::12.- illl "- ':\il J 071
MsI
B. Items in Operations not ReQuirinR Cash:
1. Depreciation (line 16 Schedule 1)
- 2. Others'
C. Cash Provided From: 5~7Rl,an I
1. Proceeds from FmHA loan/grant
2. Proceeds from others 90,000
3. Increase (Decrease) in Accounts Payable, Accruals
anei other Current Liabilities
4. Decrease (Increase) in Accounts Receivable, Inventories
and Other Current Assets (Exclude Cash) ':\,1ffiJan
5. Other' BAN
6. =
D. Total all A, Band C Items 102,000 1, it17,rA1 5,7m,~7 '-U.. JUl.
E. Less: Cash Expended for:
1. All Con.."",tIon, Equipme~~:.. 90.000 3.543.100 z:an.an
(loan and Grant funds) ·
2. ......WUtHiiR and AdditioN to Property, 42,000 40,000
Plant and Equipment 33,Q,,4*
3. Principal Payment FmHA Loan
4. Principal Payment Other Loans 3,700,an
5. Other:,RF.PAV R,AN
6. Total E 1 through 5 90,000 3,585,lm5,648raD
Add NlA '1? fY1(L .1? ~ cwo.. NLA
F. Beginning Cash Balances
G. Ending Cash Balances (Total of D Minus E 6 Plus F) S 1 ? - QQQ.. n? '\...9.BQ li5.2.7 S llOJ'
Item G Cash Balances Composed of: S S S S
Construction Account S
Revenue Account
Debt Payment Account -1Q7
O&M Account ill7 I
Reserve Account
Funded Dilreciation Account 12.000
Others.AD ITIONAL EQUIPMENT PURCHASE
CONSTRUCTION Ilnr.t<EST ACCOUNr Ul. qRO_
Total . Agrees with Item G !!~,.ooo.... S 1 ?'t..9BPS b'12L S UQ7
* 3,608,000 X .6028 = 217,491
172,000 X .6429 = 11 ,058
228,549
- 194,585 (Interest)
33,964
Instructions - Op~rating 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 fust full year of
.' operation. Example: If only two colums are required, use columns four (4) and five (5).
Income and expense Items:
All data entered should be on the same basis as theAppUcant's Accounting records, Le;, cash basis. accrual basis. etc..
OperatinR Income:
lines 1.5 Lilt 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) I
Operating Expenses
lines 8.14 List types of expenses as appropriate.
line 1 5 - 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 OperatinR Income
lines 19.20 (indicate Items of income derived from sources other than regular activities, Ex: interest earned)
line 22 - Net Income (Loss)
(this amount is also transferred to item A Schedule 2 Projected Cash Flow Statement)
701
IlIItNOtioM · ProiICtlCS Cub Flow. Schectule 2
11dI ,n It ..... to ::I: .. IIIow of CIlIa by .. AtpUOII" for ... yeu, 60. Iou ~ tIIIcNth &be tJnt full ~ of operation.
UN fhI.....IltI... ___... _ till o,.atIII....., .... I. ".. 0iIh Flow ProjectloaI..tmportal '"
~r"'" tht 1""1M)f 01_ to oowr.... ...... inaIf.. to debt paymeat. ~ ac:coufttl. etc_
~ tMIr INOfdllUlody OD aM ... bull of ue>>UIltIDI and haw DO Acc>>untl Rec:ehab1e lAd Accounts Payable,
IMY 0ftIy .... If.' ............,..............: A. 8-1, C.l,l-land 1-3, P uut G.
I Un,ltem ~
line A - Brtna forward the Income or 10. u entered on line 22.lChedule 1. ---
line B - Add blck any depreciation or other DOn cash ltenlncluded on Schedule 1. Opentina Budget.
UneC - Complete lten C.t throuah C-6 u appropriate, for ftem changes which provide for increase in cash balances.
NOTE: Do not include changes in cash Accounts in Current Assets of item C4_ Unes C-3 and C4 will in-
dicate the changes in Working Capital (Current Assets and Current UabiUties. Exclusive of Cash.)
line D - Enter the Net Total of an A, B and C items.
line E - Complete items E-I through E-6 as appropriate for items for which cash was expended.
Une F - Enter the Deputing Cub Batance(s) for the period.
Un. G - The totl1 of itlm D It.. 8-6 plua F will be the Endins Cub Ba1anco(a): Thl. total will b. reoonci1ed by balancea in the
varIouaICCOunt.. I.... conltructlon. revenue. debt. ttc..
FORM APPROVED
OMS NO. 0575-0015
UNITED STATES DEPARTMENT OF AGRICULTURE
FARMERS HOME ADMINISTRATION
Form FmHA 194246
(Rev. 9-89)
LETTER OF INTENT TO MEET CONDITIONS
Date JANUARY 17. 1995
'-
TO: Farmers Home Administration
United States Department of Agriculture
1027 HIGHWAY 70 WEST
SUITE 219
("..A~NIm bJ" ?7,\~Q
, (Coun" o "JiceAddrus)
I We have reviewed and understand the conditions set forth. in your letter dated JANUARY 18. 19~
AND REVI~F.n ON LJANtJARY 17, 1QQc; .
It is our intent to meet all of them not later than JANUARY 17. 199C.
EAST CENTRAlt WATER & SEWER DISTRICT OF
(N..e of AuodIItimt) HANU!.J..L COUNTY
BY
H.L. SORRElL, JR.
CHAIRMAN
ALJ.J!ST: (I'itu)
!
CLERK --
I
slf;~~j~i;~~:~ei,lf::n1l~T~:~~~~~~if~;:.i:iif':;:i~~j~\~il~5t:1 i:;
.............ntMd.u t. /'CIerworll R_ ucHoll ,ro;.et fOM8 "10. '1~1lJ-OOll}: ..._""ton. D.C.J06~S.on. .. O. an to orne. or
FmHA 1942-46 (Rev. 9-89)
_..._-~~--
702
USUA-FmHA ~
Form FmHA 1940-1 REQUEST FOR OBLIGATION OF FUNDS
Rev. 11-93)
1. CASE NUMBER
S T C 0 BORROWER ID
11 RIO 14 11 I 0 I') 1(-, 11 1(-, 1(-, t7 11 iL1 iL1 I I I I I
2. BORROWER NAME 3. NUMBER NAME FIELDS
I 21 (1.2. or 3 from Item 2) I
E IA IS IT I Ie IE IN IT IR IA II, I I W AI 11 F1 H.
4. STATE NAME
AIN ID I IBJE IW IEJRLID IT IB-IT IR IT Ir.JLI I N~H 1 IC1A IR I.DJL..LT IN 1fLl-1
5. COUNTY NAME
~I ~ J ~ ~ . \ I J \ I I H\~JRJ~TIFJTJ'J'J I .. _I I
., / .."'n~":t,:;,;.~ }M.D.~),~J5I~AEBORRowEki)ld[lNB)l!IMA.m...... .-. " ~
6. RACE/ETHNIC r 7. TYPE OF 4. PUBLIC BODY 8. COLLATERAL CODE 9. EMPLOYEE
CLASSIFICATION APPLICANT 5 - ASSOC. OF I . REAL ESTATE 4. MACHINERY ONLY RELATIONSHIP CODE ,
FARMERS SECURED 5 -LIVESTOCK ONLY
o NONE (SEE FMI) 6. ORG. OF 2 - REAL ESTATE 6. CROPS ONLY' . EMPLOYEE
I - WHITE 4 HISPANIC 1 . INDIVIDUAL FARMERS AND CHATTEL 7. SECURED BY 2 - MEMBER OF FAMILY
I 2. BlACK 5.AlPI I 2. PARTNERSHIP WORKERS I 3. NOTE ONLY OR BONDS I 3.CLOSERElATIVE
3. AVAN 4 3. CORPORATION 7. OTHER . (-, CHATTEL ONLY 4 ASSOC.
10 SEX CODE 3 FAMILY UNIT ' 11. MARITAL STATUS 12. VETRERAN CODE 13. CREDIT REPORT
. 4 . ORGAN. MALE OWNED
6 ' . MALE 5. ORGAN. FEMJl.LE OWNED 1 . MARRIED 3. UNMARRIED (INCLUDES I 1. YES 2 I I - YES
I 2 - FEMALE 6 . PUBLIC BODY I 2. SEPARATED WIDOWED/DIVORCED) 2 . NO 2 - NO
14. DIRECT PAYMENT 15. TYPE OF PAYMENT 16. FEE INSPECTION '17. INTEREST CREDIT
I MONTHLY 3. SEMI-ANNUALLY 1 YES I .YES (FOR SFH ONLY)
31 (SeeFMI) 2 I 2. ANNUALLY 4. QUARTERLY ? 1 2 - NO I 2. NO
18. COMMUNITY SIZE 19. DWELLING TYPE/USE OF FUNDS CODE
I - 10.000 OR lESS (FOR SPH AND
~ 2.0VERIO.OOO HPGONLY) ~ (SeeFMI)
J _n~oIJ."~-I-__~K~.' ....... . '-<A). . .
20. TYPE OF 21. PURPOSE CODE 22. SOURCE OF FUNDS 23. TYPE OF ACTION
ASSISTANCE I.OBlIGATlONONlY
21 I 2 - OBLIGATION/CHECK REQUEST
o I (, 11 I (See FMI) I 1 3 _ CORRECTION OF OBLIGATION
24, TYPE OF SUBMISSION 25. AMOUNT OF LOAN 26. AMOUNT OF GRANT I
,
. ,
, .INITAIL: I I
21 2 - SUBSEQUENT i n 17 12 biOI 0 10 10 I I I I I I I 0 0 I 0
27. AMOUNT OF IMMEDIATE 28. DATE OF 29. INTEREST RATE 30. REPAYMENT TERMS
ADVANCE APPROVAL
MO DA YR
~'~-"~"'--IJ"'~ (
31. INCOME CATEGORY CODES 32. LOW INCOME 33. ADJUSTED FAMILY INCOME
LIMIT-MAX. I
1 . VERY LOW 3. MODERATE I I I
12-LOW 4-ABOVEMODEFlATE , I I I 10,0 1 I I ,a 0,0
34. R.E. INSURANCE '35. R.E. TAXES 36. R.E. TAXES 37. NOTE INSTALLMENT INELIGIBLE
1st Year 2nd Year
I I I 10101 I I 10101 I I I 10101 I I I 10101
38; TYPE OF UNIT
I . FAFlM TFlACT
2 - NON-FARM TFlACT
[....~...ii.:........_~.... '..'il 'ft. "'~j'''''''RAMN. CIFttAlN'"
F',"'~:ili""'~I.~um:,~..R\I\I AD., ~
39. PROFIT TYPE 2. LIMITED PROFIT
1 - FULL PROFIT 3. NONPROFIT
,
-J;ttJ;j'~~~dWf;'''''''I''''''' .;' .M"'~.~'.'- N'.':'.u?,'~"M".."""".""" ,"'".....;,")";''''''''.~il'''i,~'''' ,'', '" - , , .
~~_';~~.'^"MJ"'I.ca :rORE':lv~;o Ii.'-;'i~-;;;~~'~ =~'~"':":'~:~;'f.UM"&Zn::1' ,. "-i..:.!J~~,...::..",~ , ,:J, I
40. DISASTER DESIGNATION NUMBER 41. TYPE OF SALE 2. ASSUMPTION ONLY 4. ASSUMPTION WITH I
(5 FMI) , CREDIT SALE ONLY 3 CREDIT SALE WITH SUBSEQUEI>lT LOAN SUBSEQUENT lOAN ,
I .~ I ')j)'f:i';INANCEOFFICa*U1i&bNL,(~'~' I ,"';~1,i"~~0"'PL!TE f=dffr:IU..'OA~~: .Ui\~~ !
42. OBLIGATION DATE 43. BEGINNING FARMER/RANCHER
MO DA YR
I I ~ I I I. I I I I (See FMI) _ .___
CERTIFICA TION APPROVAL
For All Fanners Programs EM, OL, Fa, 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 approval official will request updated eligibility information. The undersigned loan applicant
agrees that the approval offici;]1 will have 14 working days to review any updated information prior to submitting this document
for obligation offunds.lfther{' I'ave been significant changes that would affect eligibility 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 appro val for w. hich a lien and/or title search is necessary. the undersigned applicant agrees that the IS-working- I
day loan closing requirement may be exceeded for the purposes of the applicants legal representative completing title work and
completing loan closing.
44. COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIAL
APPROVAL IS sua,~J. TO .LCJc, REQUIREMENTS OF .ute Lr..J.U:.l\ OF CONDITIONS DATED 1/18/93 AND
REVISED ON 1/17/95;: llb& Il0.LlW\..uONS: t\J!.U'f Jb1HA 1942-13; PRv..~m:; CHECKLIST: LOt\N
CLOSDC Ik':i.1ltUVLJ.ONS lS.'->uw BY 'IIi! UJ'.r~CE OF camRAL Wu.lSEL: AND,.wr. AVAILABILITY OF
LOAN AND GRAlf.r !1.JNOO. .
45. I HEREBY CERTIFY that I am unable to obtain sufficient creoit elsewhere to fmance my actual needs at reasonable rates a terms,
. taking into consideration pre\'ailing rJiv,uc ancioopera!ivc t3te~ and terms in nf neilt my CCIlL'TIUlliiy ['.of lo:ms for similar
purposes and periods of time. I agree to use, subject to and in accordance with regulations applicable to the type of assistance
j indicated above, and request payment of the sum o;pecified herein. I agree to report' , FmHA any material adverse changes,
financial or othcrwis(~ Ih:ll ()C.;cur pri'Jr to l(l:t~! ' - , certify that no par of said S'lh\ has been received. I have reviewed the
loan approval requirements and comment~ ill this loan request and agree to comply with these provisions.
l'tda'''.i4:l>I:''~;~w,. ,....l~tlt. :,.;K"~:",,,'J;<v'
703
\ ed I 1ect the intereIt rate to be cbarpd on my FmHA 10H to
(For IPH & PP 1oInI1&......... -- only) If thilloln il approv ai · loan loIiDa-lf I cbeck I4NO". the lDta'CIl rate cbaqecl
~"'1oWa' cldll............ .-. the tbM of loin approv or C NO {-' .
. .,. on my loin wUi be the rate ~lflecIln Item 29 of this form. , ~
.. '. .' Code 1der.-we.o.- 1n8llYmatterwlthln.............
'. . . . ..;"" . ~1001orTllle1"UnItId"'" pnw. ,
.-' ~. . WARNING: ,.--'-' " or...UnIIId......IEMWIngIy..........,.........oor;cU'lroroovers
~''''':''. or..,~or egency
. . ~'/:;, -........ ... or ...... 8nY ......110IIII_ or........... J/tf........ or ...... ......... or ......
. ..;';: '. . :;;...,.....wrltlnlor~~....--.--'".,......~or~
'. :.,,:' _" " :~': ~. .......................S1......IMpIIIloIIId_.........yeMa,orMtIL
.. ~!.~t,.,: :.~':: ":-,.; ',7:>" IJ -."'....." . . aft t':IftI'4t. .,.. .... D.w~~ '
"', ..' ~f'Il 'l'-"'" ' , ''''',' . .
~...lt:._~.;la1t...,t1 . .19.95 ,..It:. SCIIJt-rt ~ __ (Si,_IITu/AppIictMIJ
. '" B.L.., .' . .'
I ,,- ......~ .. ., 19.iS
Dale' ~t~11I'WIY l' V~ V. lIDG, CJi'K (Si,rtIIIIIT~ t/ctMppliCtllllJ
I
i
46. - I _V CBR.... i that all of the committee and administrative detenninations and certific~ons req~ired by Fa",. .. ,.I. .Home
. Administration regulations r"'~" ~ II" ,:,site to providinSassistance of ~ type indicated abo~e hilve been made and that eVl(lena:
thereof is in the docket, and that all requirements of t' ..." a...ent regulauons have ~ .~. ....rli~ wi':": I hereby.: 'r 1" . Ie the above
described assistanee in the amount set forth above, and by this document, subjeet to the ~v81~~billty of ~unds, the Government
ae.- .."'" to advance such imount to the applicant for the purposes of and subject to the availability I'''''~ ....."bed by r,:..", ..... Home
Administration regulations applicable to this type of assistance. !
(Si,lftItIIT~ of ~ OJIicWJ
.-
Date Ar ',.,,' led: Title:
47. TO THE APPUCANT: As of this date .. this is notice that your application for the above fmanciallSSis ',i; ",'
from the Farmers Home Administration has been approved. as indicated above, subject to the availability of ru~ and ada
conditions required by the Farmers Home Administration. If you have any questions contact the County Supervasor.
FORM APPROVED
UNITED STATES DEPARTMENT OF AGRICULTURE OMD No. OS7S~0l8
Fonn FmHA 400-1
(Rev. 7.19-83) FARMERS HOME ADMINISTRATION
EQUAL OPPORTUNITY AGREEMENT
I Thi s agreement, dated .JANUARY...1Z.,...19.95..........................._.............._.._.........._......................................................... bet ween
.~';r..J!.~_W.A!'~._~...S.~...p.lS.mI~.............................................................=.-.........--..........-.......................................
(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 '~cretary') 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 perfonued by Recipient or a construction contract financed with such financial assistance exceeds S10,OOO--unless
exempted by rules, regulations or orders of the Secretary of Labor issued persuant to Section 204 of Executive Order 11246 of
September 24, 1965.
1. To incorporate or cause to be incorporated into any contract for construction work, or modification thereof, subject
to the ~levant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid
for in whole or in part with the aid of such financial assistance, the following "Equal Opportunity Clause":
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex or national origin. The contractor wUI take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, witbout regard to their race, color, religion, sex or national
origin. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the Farmers Home Administration setting
forth the provisions of this nondiscrimination clause.
(b) The contractor will, in all solicitations or advertisements for employees placed by 0; on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without r~gard to race, color, religion,
sex or national origin.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining
agreement or other contract or understanding, a notice, to be provided by the Farmers Home Administration,
advising the said labor union or workers' representative of the contractor's commitments unde~ 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.
I (e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,
rules, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the
Farmers Home Administration, Office of Equal Opportunity, U. S. Department of Agriculture, and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(0 In the event of the contractor's noncompliance with the Equal Opportunity (Federally Assisted Construction) clause
or with any of the said rules, regUlations, 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 Federal'ly Assisted
construction contracts in a~~~.'ance with procedures authorized in Executive Order No. 11246 of September 24, 1965,
and such other sanctions may be imposed and remedif'o:> invoked as provided in Executive Order No. 11246 of
September 24, 1965, or by rule, regulation or order of the Sf'i retary of Labor, or as provided by Law.
(g) The contractor will lacl.de the provisions of tbis Equal Opportunity (Federally Assisted Construction) clause in
every subcontract or purchase order, unless exempted by tbe niles, regulations, or orders of the Secretary of Labor
issaed PUfSG8IIt to Section 204 of Executive Order No. 11246 of September 24, 1965, 80 tbat sucb provisions will
be binding upon each such subcontractor or vendor. Tbe contractor will take such action with respect to any
subcontract or purchase order as tbe Farmers Home Administration may direct as a means of enforcing such
provisions, including sanctions for noncompliance: Provided. bowever, that in the event the contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the
Farmers Home Administration, the contractor may request the United States to enter into such litigation to protect
the interest of the United States.
704
2. To be bound by the provisions of the Equal Opportunity Clause in construction work performed by Recipient and paid
for in whole or in part with the aid of such financial assistance.
3. To notify all prospective contractors to file the required 'Compliance Statement', Form FHA 400-6, with their bids.
4. Form AD-42S, Instructions to Contractors, will accompany the notice of award of the contract.
Bid conditions for all nonexempt Federal and Federally assisted construction contracts require inclusion of the 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.
S. To assist and cooperate actively with the Farmers Home Administration and the Secretary in obtaining the compliance
of contractors and subcontractors with the provisions of the Equal Opportunity Clause and the said rules, regulations, and
orders, to obtain and furnish to the Farmers Home Administration and the Secretary, Form AD-S60, Certification of
- Nonsegregatp.d Facilities, to submit the Monthly Employment Utilization Report, Form CC-257, as required and such other I
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 enteriQg into any contract, or extension or other modification of a contract, subject to such Executive
Order with a contractor debarred from Government contracts or federally assisted construction contracts pursuant to Part II,
Subpart D, of such Executive Order or to prior authority; and to carry out such sanctions and penalties for violation of the
provisions of the. Equal Opportunity Clause as may be imposed upon contractors and subcontractors by the Farmers Home
Administration or the Secretary pursuant to such Subpart D.
7. That if Recipient fails or refuses to comply with these undertakings, the Farmers Home Administration may take any
or all of the follOwing actions: (a) cancel, terminate, or suspend said financial assistance in whole or in part; (b) refrain
from. extending any. f~rther assistance under the program invol~ed 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
EAST l.1'.J.'ut<AL WATER & SEWER DISTRICT
(CORPORATE SEAL) Name of Corporate Recipient
Attest: By
VANESSA W. YOilll; H.L. SUHK~, JH. President
Secretary
.lJ.~ n,pt"\oo 1QQf.NU~/"""tt.
I (
I P('Isition J
USDA.FmHA
Form FmHA 4004 I
(Rev. 8.29.79) ASSURANCE AGREEMENT
(Under Title VI, Ch'jJ Rights Act of 1964)
The EAST CENTRAL WATER & SEWER DISTRICT
_....... ......_.......... ..................... ..._.............. .. _. 110.... ....... ........ ....... ..... ......... ...... _._.....__..................................... ................. ...... ,
(name o/' reCipient)
PO BOX 759 LIILI~TON NC 27546 ---
................................-..............----........,...........-...........-.............-....-..-.............................................--....................-....................,
(addreu)
("Rtcipient" herein) hereby assures the U. S. Department of Agriculture that Recipient is in compliance with and will
continue to comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d et. seq.), 7 CFR Part I S, and Farmers
Home Administration regulations plomulgated thereunder, 7 C.F.R. 11901.202. In accordance with that Act and the
regulations referred to above, Recipien t agrees that in connection with any program or activity for which Recipient receives
Federal financial assistance (as such term is defined in 7 C.F .R. 114.2) no person in the United Statesshall, on the ground of
race, color, or national origin. be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination.
I. Recipient agrees that any transfer of any aided facility, other than personal property, by sale, lease or other
conveyance or-contract. shall be, and shall be made expressly, subject to the obligations of this agreement and
transferee's assumption thereof.
2. Recipient shall:
<a) Keep such records and submit to the Government such timely, complete, and accurate Information as the
Government may determine to be necessary to ascertain our/my compliance with this agreement and the regulations.
(b) Permit access by authorized employees of the Farmers Home Administration ,or the U.S. Department of
Agriculture during normal business hours to such books, records, accounts and other sources of information and its
faciUtles as may be pertinent to ascertaining such compliance.
(c) Make available to users, participants, beneficiaries and other Interested persons such information regarding the
provisions of this agreement and the regulations, and in such manner as the Farmers Home Administration or the
U.S. Department of Agriculture finds necessary to inform such persons of the protection assured them against
discrimination.
3. The obligations of this agreement shall continue:
(a) As to any real property, including any structure, acquired or improved with the aid of the Fede.'aJ financial I
assittance, so long as such real property is used for the purpose for which the Federal financial assistance Is made
or for another purpose which affords similar services or benefits, or for as long as the Recipient retains ownership or
possession of the property, whichever is longer.
(b) As to any personal property acquired or Improved with the aid of the Federal financial assistance, so long as
Recipient retains ownership or possession of the property. '
(c) As to any other aided facility or activity, until the last advance of funds under the loan or grant has been made.
4. Upon any breach or violation of this agreement the Government may. at Its option:
(a) Terminate or refuse to render or continue financial a$Sistance for the aid of the property, facility, project,
service or activity.
(b) Enforce this agreement by suit for specific performance or by any other available remedy under the laws of
the United States or the State in which the breach or violation occurs.
"..' -:;:::,:,~-:; ..,' , ,,, ,.,~~ ,,',:i.>-~. .-."
------ 705
ItIlIhtllnd r.medtll provided for under this ...."""t .hall be c:umulative.
I I he e f f:ASI ~ JiAm..&...SERm.. DISmICt --.. .. ..___.._...__.... on this
n w IMII w r 0 . . - .. (PIlI"'/! of r:eclpwntJ .. _
date has c:...d this agreement 10 be executed by its duly aQthorizcd offic:ers and its seal affixed hereto, or, If a natural
person, has t\ereunto executed this agreement.
EAST C~..W~~~~ P.!~I~...._,......
-.-.... .....-....-...... ~ ClPIl? n t
I (5 E A L) .J.M!Q~X..1Z.\..19.~.?....... "--'-.'-.'-"Diie-.
Attest: .vANESsA".w:...yQUNG................rme. ..~~_.................__....._......._.................-_......"1"[ife...
.>>.x.~.........................._................_........-...............--R.... .,...,.... ...
H.L. SORREll.., JR. eClplent
USDA-FmHA Position J FORM APPROVED
Form FmHA 1910-11 e APPLICANT CERTIFICATION e OMS NO. 0575-0127
(Rev. 9-89)
FEDERAL COLLECTION POUCIES FOR CONSUMER.OR COMMERCIAL DEBTS
The F .!... J Government is authorized by law to take any or all of the fonowing actions in the event your loan payments t ...." ,e delinquent
or you default on your loan:
Report your name and ac:count information to a c:redit r... ..Jna qenq.
Aueu interest and penalty charles for the period of time that payment is not made. .
Aueu charges to cover additional administrative costs incurred by the 80vernment to service your account.
Offset amounts to be paid to you under other Federal r"'..I...,ms.
Refer your account to a private collection lIeney to coUect the amount due.
Foreclosure on any scc:urity you have liven for the loan.
. ......
Pursue Iepl action to collect throuab the courts.
I Report any written off debt to the Internal Revenue Service u taxable income.
If you are a current or retired federal employee, take action to offset your salary, or civil scrvic:e retirement benefits.
Debar or IUIpCIld you from doina business with the Federal Government either ~pant or princ:ipal thtoqbout the
...,., ~ ..-....~~ executive branch of the Federal 0,. '."..", ,.ent for the period of debarment or IUS. .
Any or aU 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 10.
..- .
CBRI"'ICATlON: llwe have read and IIwe un!., ,,:.and tbe actions the [;.':..,J Oovernment may take in the event that IIwe fail to meet
my/our achedu1ed paJlllCllll in &....~.Janc:e with the terms and conditions of my/our qreement. II" undentand that the above 1st is not ail
inclusive and that the Federal OoYCllUDCllt may deem additlonal actiona nec:euary to co1lec:t should llwe'become delinquent.
(SiplltUre-lndlYldutzl(.)) (Date) (Sipature- lndlvidlllll(s)) (Date)
-------------------------------------------------------------------
EA..'IT CENTRAl. WA'T'F.R I\, ~m.7F.R nTS'mtCT
(SEAL) (Name of AppIkant)
RV!
(Sipature of Authorized Entity Official)
CHAIRMAN
I A. .r.ST: (Title of Authorized Entity Official)
P.O. BOX 1119
(SiaDature of Attestina OfrtdaJ) (Address)
~ T.TIJ.TNm'ON, ~ ?~
(111le of Attestina OfrtdaJ) (City, State, and Zip Code)
Public reporting burden 'or thle collection of Informallon 'e ..lImated to.-. 5 ml""1M pet. '.'1""'-. Includlllg lhe 111M lor . .' .,. '",tructlons. _l'dIlng exlatlng det._eeI,
1r,,:,~I~f~~I~I~~~~.,~ft~!:.'P.. ~~~~~~~~.c;.~~~~!l~~~;r.~;;'l; ~~~~ ';"",__. ,~~_!h~~~~tl~I.O!.~y~t.!'._!..~CI o!th~.~ollllC;
706
Attachment 4.
RESOLUTION AUTHORIZING EXECUTION OF
AMENDMENT TO WATER PURCHASE CONTRACT WITH
THE COUNTY OF HARNETT
WHEREAS, the Harnett County Board of Commissioners, sitting as the I
governing body of the East Central Water and Sewer District of Harnett County
(hereinafter NDistrictN), has examined the Amendment To Water Purchase Contract
between the District and the County of Harnett, a copy of which is attached
hereto as Exhibit A; and
WHEREAS, the Board desires for the District to enter into said contract as
provided;
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners, sitting as the governing body of the East Central Water and Sewer
District of Harnett County, that:
1. The District is hereby authorized to and shall enter into the Amendment
To Water Purchase Contract attached hereto as NExhibit AN.
2. The appropriate officers of said District are hereby directed to
execute the original of said Amendment To Water Purchase Contract.
Duly adopted this 17th day of January, 1995, upon motion made by
Commissioner Hill , seconded by Commissioner Bowden
I
and passed by the following vote:
Ayes 4 Noes 0 Absent 1
EAST CENTRAL WATER AND SEWER DISTRICT
OF HARNE~
BY: p~/
/H.L. sorrell~., Chairman of
the Harnett nty Board of
ATTEST: Commissioners sitting as the
-L--- UJ. 't;r'-vv/ . governing body of the East
Central Water and Sewer of
Harnett County
Vanessa W. Young, CIe to~he
Board and to the District
I
707
Attachment 5.
RESOLUTION AUTHORIZING EXECUTION OF
AMENDMENT TO YATER. PURCHASE CONTRACT YITH
EAST CENTRAL VATER AND SEllER DISTRICT
OF HARNETT COUNTY
\lHEREAS , the Harnett County Board of Commissioners has examined the
I
Amendment To Yater Purchase Contract between the County of Harnett (hereinafter
"County") and the East Central Yater and Sewer District of Harnett County, a copy
of which is attached hereto as Exhibit A; and
WHEREAS, the Board desires for the County to enter into said amendment as
provided;
NOll, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners
that:
1. Harnett County is hereby authorized to and shall enter into the
Amendment To Yater Purchase Contract attached hereto as "Exhibit A".
2. The appropriate officers of said Harnett County are hereby directed to
execute the original of said Amendment To Yater Purchase Contract.
Duly adopted this 17th day of January, 1995, upon motion made by
Commissioner Hill . seconded by Commissioner Bowden
and passed by the following vote:
Ayes 4 Noes 0 Absent 1
HARNETT CO~~ OF ~lSSlONERS
I BY: ~, /".4'~
/ H.L. ~rrel1lf;r' .-Chairman
ATTEST:
( I
") ~- '-/.Ai. 't, J~
Vanessa V. Young, Cler to e
Board
EX:-:IBIT A
NORTH CAROLINA,
HARNETT COUNTY. AMENDMENT TO VATER PURCHASE CONTRACT
THIS AMENDMENT TO THE VATER PURCHASE CONTRACT is entered into this the
day of January, 1995, between the County of Harnett, a body politic
organized and existing under the laws of the State of North Carolina and the
East Central Water and Sewer District of Harnett County, a county water and sewer
district organized and existing pursuant to the North Carolina General Statutes.
U T N E S S u....H:
I THAT, pursuant to paragraph C.~ f the Yater Purchase Contract dated 15
March 1993, the parties mutually agree hat paragraph A.I. of the Yater Purchase
Contract is amended to increase the ma). iJIWD quantity of water available for
purchase per day to six hundred thousand (600,000) gallons per day and that
paragraph A.l. of the Vater Purchase Contract is amended to read as follows:
A. THE SE" n AGREES:
1. (Quality and Quantity) To furnish the Purchaser at the
point of delivery hereinafter specified, during the term of this
708
contract or any renewal or extension thereof, potable treated water
meeting applicable purl ty .tandards of tha Division of Heal th
Service., Department of Human aesource. of the State of North
Carolina, in such quantity as may be required by the Purchaser not
to exceed .ix hundred thousand (600,000) gallons per day.
IN ALL OTHER. RESPECTS, the Vater Purchase Contract dated 15 Karch 1993 I
between the County of Harnett and the East Central Vater and Sewer District of
Harnett County shall remain the same and in full force and effect.
IN VITNESS WHEREOF, the parties hereto, acting under authority of their
respective governing bodies, have caused this Amendment To Vater Purchase
Contract to be duly executed in duplicate co~terparts, each of which shall
constitute an original.
COUNTY OF HARNETT
ATTEST:
BY:
H.L. Sorrell, Jr., Chairman
Vanessa V. Young, Clerk Harnett County Board of
to the Board Co_bsioners
EAST Cuu1\AL VATER. AND SEVER.
DISTRICT OF HA1UIU~....... COUNTY
BY:
H. L. Sorrell, Jr., Chairman
( SEAL) of the Harnett County Board I
of COlDllissioners sitting as
the governing body of the
ATTEST: East Central Vater and Sewer
District of Harnett County
Vanessa V. Young, Clerk
to the Board and of the
District
Attachment 6.
NORTH CAROLINA, RESOLUTION
HARNETT COUNTY.
WHEREAS, the North Carolina Clean Water Revolving Loan and Grant Act of 1987
and the Education, Clean Water, and Parks Bond Act of 1993 have authorized the making
of loans and grants to aid eligible units of government in financing the cost of
construction of wastewater treatment works, wastewater collection systems, water supply
syst~ms, and water conservation projects; and
WHEREAS, the COUNTY OF HARNETT, NORTH CAROLINA has need for and
intends to construct a water distribution line project described as a regional 20" water line
along Highway 27 to the southern portion of the County to serve the Southwest and South
Central Water & Sewer Districts water customers; and
WHEREAS, the COUNTY OF HARNETT, NORTH CAROLINA intends to request State I
loan assistance for the project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
COUNTY OF HARNETT, NORTH CAROLINA:
That COUNTY Of HARNETT, NORTH CAROLINA will arrange financing for all
remaining costs of the project, if approved for a State loan award.
That COUNTY OF HARNETT, NORTH CAROLINA will adopt and phce into effect
on or before completion of the project a schedule of fees and charges which will provide
adequate funds for proper operation, maintenance administration of the system. and th~
repayment of principal and interest on the debt.
709
That the governing body of COUNTY OF HARNETT, NORTH CAROLINA agrees to
include in the loan agreement a pro\Tision authorizing the State treasurer, upon failure
of COUNTY OF HARNETT, NORTH CAROLINA, to make scheduled repayment of the loan,
to withhold 1....... COUNTY OF HARNETT, NORTH CAROLINA any State funds that would
otherwtse be distributed to the local government unit in an amount sufficient to pay all
I sums then due and payable to the State aB a repayment of the loan.
That COUNTY OF HARNETT, NORTH CAROLINA will provide for efficient operation
and maintenance of the project on completion of construction thereof.
That H. L. Sorrell, Jr., Chairman, and successors so titled, is hereby authorized
to execute and fUe an application on behalf of COUNTY OF HARNETT, NORTH CAROLINA
with the State of North Carolina for a loan to aid in the construction of the project
described above.
That H. L. Sorrell, Jr., Chairman, and successors so titled, is hereby authorized
and directed to furnish such information as the appropriate State agency may request in
connection with such application or the project; to make the assurances as contained
above; and to execute such other documents as may be required in connection with the
application.
That COUNTY OF HARNETT, NORTH CAROLINA has substantially complied or will
substantially comply with all Federal, State, and local laws, rules, regulations, and
ordinances applicable to the project and to Federal and State grants and loans pertaining
thereto.
The foregoing Resolution was passed upon motion by Commissioner Bowden
and seconded by Hill .
Duly adopted this the 17th day of January , 1995 at a regular meeting of
the Board of Commissioners of the COUNTY OF HARNETT in Lilllngton, North Carolina.
HARNETT COUNTY BO RD OF COMMISSIONERS
// bf;;
I H. L. Sorrell, JJ ,C hairman
ATTEST:
I b. ~~~:rkO
CERTIFICATE OF RECORDING OFFICER
The undersigned duly qualified and acting Clerk of the Board of Commissioners of the
County of Harnett doeB hereby,...... Ufy: That the above/attached resolution is a true and
~h. ~..: .........'J of the resolution authorizing the ffJing of an application with the State of
North CarolfDa, as regularly adopted at a legally convened meeting of the Board of
ComadssioDers of the County of Harnett duly held on the 17th day of January , 1995;
and, further, that such resolution has been fully recorded in the journal of proceedings
and. ~w...:s in my office. IN '..uNESS WHEREOF, I have hereunto Bet my hand this 17th
day of Januarv , 1995.
~ 'iJ. --(,/ ~
Vanessa W. Young, Cler1rt1to th Board of CommisBioners
of the County of Harnett
I
,
710
Attachment 7.
NORTH CAROLINA,
HARNETT COUNTY.
RESOLUTION I
WHEREAS, Harnett County and Campbell University have long had a
partnership in providing law enforcement for the Buies Creek
Community; and
WHEREAS, the fact that Campbell University has maintained a
police force has been a tremendous asset to Harnett County;
and
WHEREAS, the University's right to maintain a police force for
its community has been denied due to a recent ruling by the
North Carolina Supreme Court.
NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of
Commissioners does hereby request that the Attorney
General's Office of the State of North Carolina proceed with
this matter to the United States Supreme Court in an attempt
to overturn the ruling recently handed down by the North
Carolina Supreme Court.
Duly adopted this 17th day of January, 1995.
HARNETT COUNTY BOARD OF COMMISSIONERS
/?'~~~L
H. L. sorr~ Jr., Chairman
ATTEST:
~ YV. ~~/ I
Vanessa W. Y ungt!Clerk
Attac;lment 8.
INTRA-DEPARTMENTAL BUDGET AMENDMENTS
FOR THE MONTH ENDING
December 31, 1994
DEPARTMENT INCREASE
DATE ACCOUNT CODE DESCRIPTION (DECREASE>
07-20-94 Sheriff Department
10-5120-0330 Materials & Supplies 224.
10-5120-0740 Capital Outlay (224)
08-05-94 Library
10-8100-0740 Capital Outlay :?64.
10-8100-0500 Audio Visual Material (264)
08-10-94 Social Services
10-7700-0310 Gas, Oil, & Automotive 2,500.
10-7700-0131 Gas, Oil, Etc. <2,500>
08-10-94 Industrial Development
10-7250-0310 Gas. Oil, & Auto Supplies 1,500.
10-7250-0141 Car Allowance <1,500>
10-7250-0140 Travel (1,500> I
10-3990-0000 Fund Balance <1,500>
08-11-94 Sheriff
10-3830-0333 Donations-Crime Prevo 1,000.
10-5100-0560 Crime Prevention 1,000.
08-18-94 Governmental Complex
74-9021.-0200 Legal & Administration 50,000.
74-9021-0300 Technical Fees 150,000.
74-9021-0800 Contingency (200,000>
08-23-94 Veteran1s
10-7200-0140 Travel & Meetings 200.
10-7200-0071 Supplemental Retirement (200)
~~ ~_._---._.- ......;~----~~ ---~-<-~~
-
711
09-16-94 COMMunicat.ion. 700.
10-5110-0140 Travel & Meetings
10-5110-0360 Uniforaa (700)
09-09-94 AdMiniat.rat.ion
10-4200-0450 Contract.ed Services 2,000.
10-4200-0030 Salariea-Part-tiae (2,000)
I 09-20-94 Board of Elect.iona
10-4300-0740 Capital Out.lay 2,500.
10-4300-0120 Print.ing & Binding (1,000)
10-4300-0260 Advert.iseaent. (500)
10-4300-0450 Contract.ed Services (1,000)
09-29-94 Planning/lnspect.iona
10-7200-0740 Capit.al Out.lay 908.
10-7200-0450 Cont.ract.ed Services (908)
09-28-94 Sheri:f:f
10-5100-0330 Materials & Supplies 228.
10-5100-0740 Capital Outlay (228)
09-30-94 Tax
10-4500-0740 Capital Outlay 1,200.
10-4500-0030 Part-tiM. Salaries <1,200)
10-18-94 Cooperative Extension
10-7300-0330 Materials & Supplies 144.
10-7300-0740 Capit.al Outlay (144)
10-20-94 Personnel
10-4250-0330 Materials & Supplies 136.
10-4250-0740 Capital Outlay (136)
10-21-94 Adainistration
10-4200-0530 Due & Subscriptions 300.
10-4200-0140 Travel & Meetings (300)
10-21-94 Governing Body
10-4100-0530 Dues & Subscriptiona 1,000.
10-4100-1350 Other Appropriation <1,000>
10-26-94 Finance
I 10-4400-0160 Maint. & Repair-Equip. 750.
10-4400-0740 Capital Outlay (750)
10-28-94 Veteran's
10-7800-0140 Travel & Meetings 200.
10-7800-0330 Materials & Supplies (200)
11-02-94 Library
10-8100-0740 Capital Outlay 550.
10-8100-0330 Materials & Suppliea (550)
11-03-94 This End Up Furniture
63-9020-0020 T.A. Loving 131,578.
63-9020-0200 Legal & Adain. (30,000)
63-9020-0300 Engineering (30,000)
63-9020-0800 Contingency (71,578)
11-09-94 EMS
10-5400-0740 Capital Outlay 3,940.
10-5400-0730 Cap. Outlay Other IMprove. (3,940>
11-09-94 Airport.
10-6500-0740 Capit.al Out.lay 14,200.
10-6500-0730 Capit.al Out.lay-Other lap. (14,200)
11-14-94 Register of Deeds
10-4800-0030 Salaries & Wages Part-tiae 3,550.
10-4800-0020 Salaries & Wages (3,550)
11-17-94 Cooperative Extension
10-7302-0570 Miscellaneous Expense 200.
10-7302-0330 Mat.erials & Suppliea (200)
12-05-94 HUMan Resources
10-7400-0080 WorkMen's Compensation 3,845.
I 10-7400-0330 Materiala & Suppliea (3,845>
12-13-94 General Servicea
10-5550-0330 Materials & Supplies 65.
10-5550-0740 Capital Outlay (65)
12-14-94 Cooperative Extension
10-7306-0061 Insurance-Children 550.
10-7306-0330 Materials & Supplies (550)
12-15-94 Tax
10-4500-0310 Gas,Oil & Auto Supplies 2,000.
10-4500-0140 Travel & Meet.ings (2,000>
NOTE: THIS IS THE LAST PAGE IN BOOK 20.