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Home My WebLink About11061995 --- - --------->-----------..._-----~-..-,-~~-- - - ._,----,---, -.'-"-- ----..----~~-~-------_. - -- ----~_.._---. 218 HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, NOVEMBER 6, 1995 The Harnett County Board of Commissioners met in regular session on Monday, November 6, 1995, in the Commissioners Meeting Room, County Office Building, Lillington, North Carolina. Members present: H. L. Sorrell, Jr. , Chairman Beatrice Bailey Hill, Vice-Chairman Dan B. Andrews Joseph T. Bowden Walt Titchener Staff present: Neil Emory, county Manager . Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Vanessa W. Young, Finance Officer Kay S. Blanchard, Clerk to the Board Chairman Sorrell called the meeting to order at 9 a.m. and Commissioner Andrews led the pledge of allegiance and prayer. Commissioner Bowden made a motion to add the following items to the consent agenda: budget amendment for Clerk of Court, lease agreement with Martha L. Winston, and recognition of the Knights of Columbus. Commissioner Andrews seconded the motion and it passed with a unanimous vote. Commissioner Hill moved for approval of the agenda as published with additions as noted above. Commissioner Titchener seconded the motion and it passed with a unanimous vote. CONSENT AGENDA 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, October 16, 1995 2. Budget Amendments: Clerk of Court Code 10-4900-0030 Part-time Salaries $ 960. increase . 10-4900-0050 FICA 74. increase 10-3990-0000 Fund Balance-appro. l,034. increase Personnel Code 10-4250-0040 Professional Services 20,000. increase 10-3990-0000 Fund Balance-appro. 20,000. increase Public Utilities Code 32-9001-0740 Northeast Capital Outlay 214. decrease 33-9002-0740 BC/Coats Capital Outlay 144. decrease 34-9003-0740 South Central Cap. Outlay 357. decrease 35-9004-0740 West Central Cap. Outlay 168. decrease 36-9005-0740 Northwest Cap. Outlay 136. decrease 37-9006-0740 Southwest Cap. Outlay 3,834. decrease 38-9007-0740 Bunn./Riverside Cap. Out. 34. decrease 39-9008-0740 Southeast Capital Outlay 112. decrease 40-9009-0740 East Central Cap. Outlay 78. decrease 76-9026-0320 Wiring 5,077 . increase Revenues (General Fund) Code 10-3830-0339 Donation-Lee Harnett Mental Health 3,698. increase 10-3990-0000 Fund Balance-Appro. 3,698. decrease Revenues (Special Revenue Fund) Code 82-8201-1010 Angier-DMV Distribution 580,000. decrease 82-8201-1020 Angier-Delinq. DMC l8,000. decrease 82-8202-1010 Coats-DMV Dist. 280,000. decrease 82-8202-1020 Coats-Delinq. DMV 8,700. decrease . 82-8203-1010 Dunn-DMV Dist. 190,000. decrease 82-8203-1020 Dunn-Delinq. DMV 21,000. decrease 82-8204-1010 Erwin-DMV Dist. 80,000. decrease 82-8204-1020 Erwin-Delinq. DMV 7,900. decrease 82-8205-1010 Lillington-DMV Dist. 40,000. decrease 82-8205-1020 Lillington-Delinq. DMV 4,100. decrease Revenue: 82-3020-0010 Angier-DMV Dist. 580,000. decrease 82-3020-0020 Coats-DMV Dist. 280,000. decrease 82-3020-0030 Dunn-DMV Dist. 190,000. decrease 82-3020-0040 Erwin-DMV Dist. 80,000. decrease 82-3020-0050 Lillington-DMV Dist. 40,000. decrease 82-3030-0010 Angier-Delinq. DMV 18,000. decrease 82-3030-0020 Coats-Delinq. DMV 8,700. decrease 82-3030-0030 Dunn-Delinq. DMV 2l,000. decrease 82-3030-0040 Erwin-Delinq. DMV 7,900. decrease 82-3030-0050 Lillington-Delinq. DMV 4,100. decrease 01 Q f::..:.", "'!,.... .~.~_..; Public Utilities (South Central W & S) Code 34-9003-0740 Capital Outlay-Equipment 415. increase 34-9003-1200 Capital Reserve 415. decrease Planninq & Inspections Code 10-7200-0030 Salaries/Wages Part-time 6,lOO. increase 10-7200-0050 FICA 467. increase 10-3990-0000 Fund Balance-appro. 6,567. increase Public Utilities (West Central W & S) Code 35-9004-0740 Capital Outlay-Equip. 420. increase 35-9004-1200 Capital Reserve 420. decrease . Revenues (General Fund) Code 10-3480-0880 Child Care Trust Advo. 10,000. increase 10-3480-0480 Act I, Act Now 12,400. decrease 10-3990-0000 Fund Balance-appro. 2,400. increase Revenues (General Fund) Code 10-3480-0670 Assistance-TDP 26,694. increase 10-3990-0000 Fund Balance-appro. 26,694. decrease Emerqencv Medical Services Code 10-5400-0331 Materials & Supplies 864. increase 10-5400-0740 Capital Outlay 864. decrease Public Utilities (Water Plant Expansion Proiect) Code 76-9026-0320 Wiring 1,455. increase 76-9026-0800 Contingencies 1,455. decrease DMV Distribution Code 22-8201-1010 Angier-DMV Dist. 580,000. increase 22-8201-1020 Angier-Delinq. DMV 18,000. increase 22-8202-1010 Coats-DMV Dist. 280,000. increase 22-8202-1020 Coats Delinq. DMV 8,700. increase 22-8203-1010 Dunn-DMV Dist. 190,000. increase 22-8203-1020 Dunn-Delinq. DMV 21,000. increase 22-8204-1010 Erwin-OMV Dist. 80,000. increase 22-8204-1020 Erwin- Delinq. OMV 7,900. increase 22-8205-1010 Lillington-OMV Dist. 40,000. increase 22-8205-1020 Lillington-Delinq. DMV 4,100. increase . Revenue: 22-3020-0010 Angier-DMV Dist. 580,000. increase 22-3020-0020 Coats-DMV Dist. 280,000. increase 22-3020-0030 Dunn-OMV Dist. 190,000. increase 22-3020-0040 Erwin-DMV Dist. 80,000. increase 22-3020-0050 Lillington-DMV Dist. 40,000. increase 22-3030-0010 Angier-De1inq. 18,000. increase 22-3030-0020 Coats-Delinq. DMV 8,700. increase 22-3030-0030 Dunn-Oe1inq. DMV 21,000. increase 22-3030-0040 Erwin-Oelinq. DMV 7,900. increase 22-3030-0050 Lillington-Delinq. DMV 4,100. increase Public Utilities (Northwest W & Sl Code 36-3990-0000 Fund Balance-appro. 1. increase 36-9005-1200 Capital Reserve 1. decrease Public Utilities (Southeast W & S) Code 39-3990-0000 Fund Balance-appro. 1,448. increase 39-9008-1200 Capital Reserve 1,448. decrease Transportation Code 10-3830-0300 Miscellaneous Revenue 1,925. increase lO-5551-0310 Automotive Supplies 1,925. increase Transportation Code 10-3830-0300 Miscellaneous Revenue 123. increase 10-555l-0310 Automotive Supplies 123. increase R.S.V.P. Code lO-7721-0330 Materials & Supplies 6,000. increase . 10-3990-0000 Fund Balance 6,000. increase Reqister of Deeds Code 10-4800-0210 Building & Equip. Rent 800. increase 10-3990-0000 Fund Balance 800. increase Clerk of Court Code 10-4900-0740 Capital Outlay 11,605. increase 10-4900-0160 Maintenance & Repair 1,822. increase Revenue: 10-3990-0000 Fund Balance-appro. 13,427. increase Public Utilities (Southwest W & S) Code 68-9014-0200 Legal/Admin. 20,000. increase 68-9014-0300 Engineering 50,000. increase Revenue: 68-3970-0000 Advance from Gen. Fund 70,000. increase ManaQement Information Services Code 10-4450-0740 Capital Outlay 1,500. decrease 10-4450-0330 Materials & Supplies 1,500. increase - -_.,---- ---.--,-_.-_..--------_.,~---------~-_.- - -_.---,~ --- -.- -----~-----,-~ 220 3. Amendment to Personnel Ordinance concerning compensation time AMENDMENT TO PERSONNEL (Attachment 1) ORDINANCE NACo DEFERRED COMPEN- 4. Resolution to approve participation in the NACo Deferred SATION compensation Program (Attachment 2) 5. Proclamation regarding Farm-City Week (Attachment 3) EQUIPMENT FOR DSS 6. Resolution awarding contract to purchase equipment for DSS (Attachment 4) LEASE FOR REG. OF DEEDS 7. Lease agreement with Jerry Salmon and wife for office space OFFICE SPACE for Register of Deeds (two year term at $1,100 per month) ALLOCATION FOR CHILD 8. Allocation from the Child Care and Development Block Grant funds ($14,907) designated for the Harnett County Child Care CARE R & R PROGRAM Resource and Referral program . RECONVEYANCE OF 9. Resolution granting reconveyance of property without PROPERTY TO ROBERT consideration to Robert B. Stewart and wife Joyce W. stewart STEWART pursuant to N.C.G.S. S l53A-I77 (Attachment 5) AGREEMENT WITH 10. Agreement with Transylvania County for software use in the TRANSYLVANIA COUNTY Tax Department Commissioner Bowden moved for the following appointments: APPOINTMENTS - Zoning Ordinance Board of Adjustment: T. Lock Godwin, Dunn, as an alternate member - Mid-Carolina Private Industry Council: Douglas Wilson, Bunnlevel, to fill the unexpired term of Debi Lee which will expire 6-30-96 - Mid-Carolina EMS Council: Commissioner Dan Andrews - Department of Social Services Board: Donnie Olds, Dunn, to fill the unexpired term of Terry Abn~y which will expire 6-30-96 Commissioner Titchener seconded the motion and it passed with a unanimous vote. INFOR}~L COMMENTS Informal comments were provided by the following citizens: 1. Clark Langdon, Rt. 2, Angier, subject: zoning . 2. Albert Gregory, Rt. 2, Angier, subject: zoning 3. Doris Waddell, Rt. 11, Sanford, presented road petition 4. Lane Gregory, Rt. 2, Angier, subject: zoning 5. Bernard Young, Angier, subject: zoning "HARTS" RECOGNITION Chairman Sorrell presented a plaque from the North Carolina Public Transportation Association recognizing the Harnett County Transportation System (HARTS) for vehicle and passenger safety for 1994. The plaque was presented to Ralph Thurman, Transportation Manager. Chairman Sorrell stated that at this time, the Board will SOUTH CENTRAL WATER consider certain matters sitting in its capacity as the governing body of South Central Water & Sewer District, Phase I II . Jackie & SEWER DISTRICT McLamb, FmHA, presented Loan Resolution, Letter of Conditions and LETTER OF CONDITIONS related documents. Commissioner Bowden moved for adoption of the AND RELATED DOCUMENTS Loan Resolution, Letter of Conditions and related documents. Commissioner Hill seconded the motion and it passed with a unanimous vote. (Attachment 6) Chairman Sorrell closed the South Central portion of the meeting. Chairman Sorrell stated that at this time, the Board will SOUTHWEST WATER & consider certain matters sitting in its capacity as the governing SEWER DISTRICT body of Southwest Water & Sewer District. Jackie McLamb, FmHA, LETTER OF CONDITIONS presented a Loan Resolution, Letter of Conditions and related AND RELATED DOCUMENTS documents. Commissioner Hill moved for adoption of the Loan Resolution, Letter of Conditions and related documents. Commissioner Andrews seconded the motion and it passed with a . unanimous vote. (Attachment 7) Chairman Sorrell closed the Southwest portion of the meeting. TAX MATTER RE: Keith Faulkner, Business Property Auditor, Tax Department, MORGANITE, INC. reviewed a tax matter regarding Morganite Inc. with the Board. Steve Lochbaum, Controller, Morganite Inc., presented for the Board's consideration, a request from Morganite, Inc. for a hearing to appeal tax penalties. Commissioner Bowden moved to deny the request. Commissioner Andrews seconded the motion and it passed with a unanimous vote. AUTHORIZATION FOR Sheriff Larry C. Knott requested authorization to hire an ADDITIONAL DEPUTY additional deputy to serve the Campbell University area. The university will fund the requested position. Commissioner Hill CAMPBELL UNIVERSITY moved for approval of a Deputy I position, salary grade 63. AREA Commissioner Andrews seconded the motion and it passed with a unanimous vote. -- 221 MEMORANDUM OF Wm. A. (Tony) Wilder, Assistant County Manager, presented a UNDERSTANDING WITH proposed Memorandum of Understanding with Western Medical Group for use of the Anderson creek Resource Center. The facility will WESTERN MEDICAL be used by the County for programs including Department of Social GROUP Services, Health Department WIC program, Vocational Rehabilitation, and Employment Security. Commissioner Bowden . moved to proceed with the Memorandum of Understanding pending County Attorney approval. Commissioner Titchener seconded the motion and it passed with a unanimous vote. (Attachment 8) AMENDMENTS TO George Jackson, Planning Director, presented for the Board's ZONING ORDINANCE consideration, proposed amendments to the Zoning Ordinance. A public hearing concerning the proposed amendments was held on August 21, 1995. Input from the public at that hearing has been . considered by the Board. Commissioner Bowden moved to adopt the proposed amendments with the following exceptions: 1- Delete Item 2, page 7. 2. Delete the changes noted in items 5,6,7,8 relating to the time permitted for requests related to non- conforming uses. 3. Modify proposed change in item 13 regarding buffer requirement to 15 feet. 4. In regards to lot sizes, delete the proposed changes which would have excluded NC Department of Transportation right-of-way from the measurement of the lots. This change will delete the amendments noted in items 28,34,40. 5. Modify the length of time in item 68 from 10 to 30 days. Commissioner Andrews seconded the motion and it passed with a unanimous vote. ANIMAL CONTROL Neil Emory, County Manager, stated that for some time the future administration of Animal Control has been discussed by the Board and the matter has also been discussed with the Board of Health. Commissioner Bowden moved that administration of Animal Control be transferred to the Department of Human Resources with . responsibility of statute relating to rabies control and administration of rabies control remaining with the Health Director. Commissioner Andrews seconded the motion and it passed with a unanimous vote. The actual date of transfer will be determined by staff following the necessary budget transfers and amendments to the Animal Control Ordinance. REPORTS The following reports were filed with the Board: Community Alternatives Program/Disabled Adults, Fire Marshal's Office, Health Department, Department of Social Services, Veteran's Affairs, Emergency Medical Service, Economic Development Commission, Tax Department, Budget Amendments that affect Fund Balance (Attachment 9), Tax Attorney's Report (Attachment 10). MID-MONTH MEETING .. . IN DECEMBER CANCELE Comm1ss10ner Bo~den moved to cancel the mid-month meeting in D December. Comm1ssioner Andrews seconded the motion and it passed with a unanimous vote. Chairman Sorrell recessed the meeting at lO a.m. and called it back to order at 10:15 a.m. CAROLINA CABLE Roy E. Hayes, President, Carolina Cable Partners, briefed the PARTNERS Board that the cable company would be opening an office in Johnston County. Mr. Hayes requested an exemption regarding requirement in Carolina Cable Partners' franchise with Harnett County to have an office located in Harnett County. After discussion, Commissioner Andrews made a motion to deny the request. Commissioner Bowden seconded the motion and it passed with a unanimous vote. . ADJOURNMENT There being no further business, Commissioner Hill moved for adjournment. Commissioner Bowden seconded the motion and it passed with a unanimous vote. The regular Harnett County Board of Commissioners meeting November 6, 1995, duly adjourned at 10:30 a.m. ~~rman ~Mtd,4/Id Ky. Blanchard, Clerk to the Board ~ c______~__ ------~--- .----~----.. 22? Attachment 1. I ORDINANCE ~l.JJ.1-lG AN ORDINANCE El'I.l.l.lLED ~ u\SONNEL ORDINANCE FOR ~Ii.l .l COUNTY, NORTH CAROLINA ADO.l' 1 r.U ,NOVEMBER 6, 1995 . WHEREAS, the Harnett County Board of Commissioners adopted an ordinance on July 18,1988 entitled "Pers"d'. ,el Ordinance for Harnett County, North Carolina"; and WHEREAS, this Board is of thew .J:'':''jon that the amendment set forth below is necessary to the clear and efficient working of the ordinance. NOW, TIIEREFORE, BE IT ORDAINED that Article ill, The Pay Plan, Section 9. Overtime, (e) Compensatory Time. (1) Exempt employees, is hereby amended and replaced with amended Article ill, Section 9, (e) (1) as provided below. Section 9. Ove..~.e (e) Compensatory Time (1) Exempt employees. Exempt Deparbnent Heads (Dire"l:u..~, Elected Officials, Administrators and Officers) are provided a salary for the mission requirements of their respective organizations. This salary is full.. :...., ,uneration for their services and Harnett County will not provide coml' :...,.,satory time to .:...'c.....pt Department Heads. Administrative and Professiona.l.:...,,:-,,,pt employees required to work overtime shall receive compensatory time off at the rate of one . (1) hour for each hour of overtime worked. All hours of accroed compensatory time in excess of forty (40 hours as of December 31st of each year shall be converted to annual leave). Each two-hour period of compensatory time or fraction th,..c.uf shall be converted into one-quarter (1/4) day of annual leave. In the event an e. .Ie..... pt employee is l"-A_.inated, he shall be paid for accrued compensatory time up to two hundred forty (240) hours at his regular hourly rate. The above ordinance amendment will be implemented effective October 1, 1995. Duly adopted this 6th day of November , 1995. Harnett County Board of Commissioners Lg(iZ~ AI1J:!Sf: ~i. ,dj'a"eA /lJ1d . Kay S Blanchard, Clerk to the Board --------- - "'I"")~ r i"::. I....J Attachment 2. )" THE NATIONAL ASSOCIATION OF COUNTIES (NACo) DEFERRED COMPENSATION PROGRAM SPECIMEN COPY OF ORDER/RESOLUTION STATE OF NORTH CAROLINA . COUNTY OF HARNETT In the Harnett County Board of Commissioners meeting 6th day of Smut of said County, on the November .19 95 . the following among other proceedings. were had, viz: '. . IN THE MATTER OF ESTABLISHING A DEFERRED COMPENSATION PLAN FOR THE COUNTY OF: HARNETT WHEREAS. the County has considered the establishment of a Deferred Compensation Plan to be made available to all eligible County employees, elected officials. and independent contractors pursuant to Section 457 of the Internal Revenue Code permitting such Plans; and WHEREAS, certain tax benefits could accrue to employees, elected officials. and independent contractors participating in said Deferred Compensation Plans; and WHEREAS. such benefits will act as incentives to County employees to voluntarily set aside and invest portions of their current income to meet their future financial requirements and supplement their County retirement and Social Security (if applicable); and WHEREAS, the National Association of Counties has established a Master Deferred Compensation Program for its member Counties. permitting its member Counties and their employees to enjoy the advantages of this Program; and . WHEREAS. by adoption of the NACo Program. all regulatory. operational. administrative and fiduciary responsibilities are hereby assumed by NACo on behalf of County; and WHEREAS. NACo, as Plan Administrator, agrees to hold harmless and indemnify the County, its appointed and elected officers and participating employees from any loss resulting from NACo or its Agent's failure to perform its duties and services pursuant to the NACo Program; NOW, THEREFORE THE COUNTY GOVERNING BODY DOES HEREBY RESOLVE AS FOLWWS: The County governing body. meeting in regular scheduled session. this 6th day of November . 19.95 , hereby adopts the National Association of Counties Deferred Compensation Program and hereby establishes the County of Harnett Deferred Compensation Plan for the voluntary participation of all eligible County employees. elected officials and independent contractors. Cou~~nager " The (Pl'esiclmg,f ;- etlfte,-MminiMrtltefo;.(,u,.:...,~,,-GleN;-etC.) (select one) IS hereby authonzed to ex- ecute for the County, individual participation agreements with each said employee requesting same. and to act as the, "Administrator" of the Plan representing the County, and to execute such agreements and con- tracts as are necessary to implement the program. It is implicitly understood that. other than the incidental expenses of collecting and disbursing of the employees' deferrals and other minor administrative matters, there is to be no cost to the County for the program. IT IS HEREBY FURTHER ORDERED,...~at a true copy of this @\:. "",.'~-~/Resolution be spread upon the = "',record of this date. ,"\ "/r.y, ~~ . oun y S ,.;_ '/:;-: / ATTEST: .~ '':. (SIGN~1" RE)H. f Sorrell, Jr. . KfJ..4( I. ae ~t&Vz.d. ~. ~-....: Chairman. Board of-Commissioners "- , (TITLE) Kay ~. Blanchard, Clerk to. the Board -'"' ' *This Court Order/Resolution cbhtains \ 'the necessary technical language as to content and substance. If any change in form is necessary in order to comply with applicable County requirements, please make such changes. DC-695-A (12-89) White-Service Center, Canary-Entity, Pink-PEBSCO Field Representative .~--------~---~-------------~'"---~~----"-~-----~-~.~---.-..~ ~.-- 224 ~ Attachment 3. HARNETT COUNTY BOARD OF COMMISSIONERS FARM-CITY WEEK 1995 WHEREAS, the growth and development of the County and . the well-being of all its citizens are dependent upon cooperation and. exchange between the two essential environments of our society: farmers and city people, and VV H.EREAS, the complexities of their individual problems and the divergence of their activities may lead to a widening gap of misunderstanding, and WHEREAS, any gap of misunderstanding must be eliminated, and each group must understand the other if our American way of life is to endure, and WHEREAS, Farm-City Week provides an unparalleled experience for farm and city people to become better acquainted, I, l.l1.EREFORE, H. L. Sorrell, Jr., Chairman of the Harnett County Board of Commissioners, do hereby proclaim the.period of November 17 through November 23 to be Farm-City Week; and I do further call upon all seminars, pageants, fairs, and civic and social events associated with a successful Farm-City Week in Harnett County. Done at the County of Harnett, the 6th day of November . 1995. Harnett County Board of Commissioners d~L , H: L. Sorrell,,trl.~ Chairman ATTEST: p ~a~~. IfA'Mtf-AMd Kay . Blanchard. Clerk to the Board . -- - ---- ~----- ')?~ :;;c,,-'O, 2~_ ,_ ~~..J Attachment 4. ~ ~ STATE OF NORTH CAROLINA, RESOLUTION AWARDING CONTRACT TO PURCHASE . HARNETT COUNTY. THAT WHEREAS, the County of Harnett desires to purchase personal computers and . peripherals; and WHEREAS, the County of Harnett has previously disseminated requests for bids and advertised for same in connection with the purchase of personal computers and peripherals for the Harnett County Department of Social Services as required by law; and WHEREAS, pursuant to such requests the County of Harnett has now received sealed bids from MicroAge, Office Logics, Inc. and Research Triangle Office Systems; and WHEREAS, such bids have been reviewed by the "t'p...p.;ate representatives of the County of Harnett; and WHEREAS, it has been determined that Office Logics, Inc. submitted the lowest bid and it has been determined that Office Logics, Inc. is a responsible entity and that the bid submitted by it is responsive; and WHEREAS, the Board of Commissioners of the County of Harnett desires to proceed with the acceptance of the bid of Office Logics, Inc. and to award the subject to said entity and to make provisions for execution of all documents necessary in order to effectuate such award: . NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the County of Harnett that the bid of Office Logics, Inc. in the amount of$34, I 74.00 for personal computers and peripherals pursuant to all of those terms and conditions contained in the County's Request for Bids, dated October 18, 1995, shall be and the same is hereby accepted, that the at't'&Upriate representative of the County of Harnett shall p",;,t'are and issue required purchasing fOnDS in order to effectuate such award. This the 6th day of November, 1995. HARNE~ZOMMISSIONERS By:" r,~ / ' . ~ .L. Sorrell, Jr., an Al1.t.ST: KCl<.t, j .61~J.tL'l.d Idy'S. Blanchard, Clerk SEAL OF THE COUNTY OF HARNETI . ~---.---- _n__._n_'___ 226 Attachment 5. RESOLUTION GRANTING RECONVEYANCE OF PROPERTY WITHOUT CONSIDERATION TO ROBERT B. STEWART AND WIFE JOYCE Y. STEWART PURSUANT TO N.C.G.S. fi 153A-177 . WHEREAS. Robert G. Stewart. Jr. and wife. Joyce W. Stewart conveyed real property to the Buies Creek-Coats Water and Sewer District of Harnett County in July of 1993, without consideration; and WHEREAS, at the time the real property was conveyed to said District, it was with the understanding that if the entire parcel was not necessary for the placement and use of a pump station that any portion of the land not necessary for said use would be reconveyed to the Stewarts without consideration by the. District; and WHEREAS, N.C.G.S. fi l53A-177 authorizes the reconveyance of real property without consideration upon certain circumstances; and WHEREAS. the instrument of conveyance specifies that the real property conveyed is a pump station site; and WHEREAS, this governing body determines that a certain portion of that real property measuring approximately twenty (20) feet by forty-nine (49) feet is not being used for the purpose of the location and use of the pump station, and should be reconveyed to the Stewarts without consideration; and WHEREAS, the circumstances set forth in N.C.G.S. fi l53A-177 are met in this instance; THEREFORE BE IT RESOLVED that the Harnett County Board of Commissioners . sitting as the governing body of the Buies Creek-Coats Water and Sewer District hereby authorizes: 1. The reconveyance, without consideration, of that portion of the real property given to the District by Robert G. Stewart, Jr. and wife, Joyce W. Stewart measuring approximately twenty (20) feet by forty-nine (49) feet. 2. The attorney representing the District to take the necessary actions pursuant to North Carolina General Statutes fi l53A-l77 to reconvey the said property including the publication of this Districts intent to reconvey said property. Duly adopted this the 6th day of November. 1995, uron motion made by Commissioner Bowden , seconded by Commissioner T tchener . and adopted by the following vote: Ayes 5 Noes 0 Absent 0 Board of Commissioners of the County of Harnett sitting as the governing body of the Buies Creek-Coats Yater and Sewer District of Harnett County By: # k'L . /H.L. Sorrell. ~. Chairman of the Board Attest: K~.t. 13}~ruJ Kay . Blanchard, Clerk to the Board and to the District - - ---- - - - -- ------- ??7 -'-~ ,~"C~ !:t Attachment 6. USDA-RECD Form FmHA 1940-1 REQUEST FOR OBLIGATION OF FUNDS (Rev. 3-95) I INSTRUCTIONS-TYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED ( IIII ) Complete Items 1 through 30 and applicable Items 31 through 43. See FMI. . 1. CASE NUMBER LOAN NUMBER FISCAL YEAR ST CO BORROWER 10 3,810.4,310,5,6.1,5.3.0.7.1.01 ,I 9,61 2. BORROWER NAME 3. NUMBER NAME FIELDS S,O,U,I,H, ,C,E,N,I,R,A.L, ,W.A,I,E.RI 2L(1.2.or3fromltem2) 4. STATE NAME A.N ,D I ,S ,E ,W ,E.R. ,D.I.S.I.R ,I ,C ,I, I N, O. R. I, H, ,C. A, R, 0, L, I, N, A, I 5. COUNTY NAME , , I I , I , , . , . . . , . , , , I . H, A, R, N, F., t. II , , , I I I I 1 GENERAL BORROWER/LOAN INFORMATION 6. RACE/ETHNIC 7. TYPE OF 4-PUBUCIIOOY 8. COLLATERAL CODE 9. EMPLOYEE CLASSIFICATION APPLICANT 5 . ASSOC. OF , . REAL ESTATE 4. MACHINERY ONLY RELATIONSHIP CODE FARMERS SECURED 5.UVESTOCKONLY 6. ORG. OF 2. REAL ESTATE 6. CROPS ONLY 1 . EMPlOYEE , - WHITE 4 - HISPANIC 1 -INDIVIDUAL FARIAERS AND CHATTEL 7. SECURED BY 2 - MEMBER OF FAMILY I 2. BLACK 5 - AlPI 4 I 2 - PARTNERSHIP WORKERS 13 _ NOTE ONLY OR BONDS 1 3 - CLOSE RElATIVE 3-IWAN 3-CORPORATION 7-0lliER 7 ,."r--cl(1,\llV 4.ASSOC. 10. SEX CODE t~~1u~LEOWNED 11. MARITAL STATUS ~ '."1-12~'VETERAN CODE 13. CREDIT REPORT 6 I ' - MALE 5 - ORGAN. FEMAI.E OWNED 1 - MARRIED 3 . lNolARRIED (INCLUDES , - YES 2 1 . YES 2 . FEMAlE 6 - PUBLIC BODY I 2. SEPARATE" WII10WfMlI"ORl"'F~I' , 2 . NO I 2 - NO 14. DIRECT PAYL1ENT 15. TYPE OF PAYMENT .. '-~1iFEE iNSPECTION 17. INTEREST CREDIT (See FMI) 1 -IolONTHLY 3. SEMJ.NN.JAU.Y , . YES , - YES (FOR SFH ONLY) I 21 2.ANNUALLY 4-QUARTERLY .? 1 2 - NO I 2. NO 18. COMMUNITY SIZE 19. DWELLING TYPE/USE OF FUNDS CODE 1 - 10.000 OR LESS (FOi'I SF'i AND . 2-0VER10,OOO HPGONLYj I , (SeeFMI) COMPLETE FOR OBI.IGATION OF FUNDS 20. TYPE OF 21. PURPOSE CODE ,~ 22. SOURCE OF FUNDS 23. TYPE OF ACTION ASSISTANCE 1 _ OBLIGATION ONLY . 0 6 1 (See FMI) ., I 11 2 - OBLlGATIONICHECK REQUEST I I.' I ,C 3.CORRECllONOF 08UGATlON 24. TYPE OF SUBMISSION 25. AMOUNT OF LOAN 26. AMOUNT OF GRANT '-INITIAl 212-SUBSEQUENT 214.0.010.0,QIQ.Q', I, I, ,010,01 27. AMOUNT OF IMMEDIATE 28. DATE OF 29. INTEREST RATE 30. REPAYMENT TERMS ADVANCE APPROVAL MO OA YR . I I . l. .0Jo.ol , I-I \ ,-, ,\ 0,512,5,0,0,0104,01 COMPLETE FOR SINGLE FAMILY HOUSING ONLY 31. INCOME CATEGORY CODES 32. LOW INCOME 33. ADJUSTED FAMILY INCOME 1 - VERY LOW 3 _ MODERATE LIMIT-MAX. HOW 4. ABOVE MODERATE , I ' I I 0 I 0 I I I I I 0 I 0 10 I 34. R.E. INSURANCE 35. R.E. TAXES 36. R.E. TAXES 37. NOTE INSTALLMENT INELIGIBLE 1st year 2nd year I I . Jo.ol I , , 10,01 I ' , 10,01 I I , Jo,ol 38. TYPE OF UNIT 1 . FARM TRACT 2 . NON-FARM TRACT I COMPLETE FOR COMMUNITY PROGRAM AND CERTAIN MULTIPLE-FAMILY HOUSING LOANS 39. PROFIT TYPE' l 2 . LIMITED PROFIT .. . 1 - FUU PROFIT 3 - NONPROFIT COMPLETE FOR EM LOANS ONLY COMPLETE FOR CREDIT SALE-ASSUMPTION . 40. DISASTER DESIGNATION NUMBER 41. TYPE OF SALE 2-ASSUMPTIONONLY 4.ASSUMPTIONwmI I I . I (See FMI) , 1 - CREDIT SALE ON\. Y 3 . CREDIT SALE WITH SUBSEQUENT LOAN SUBSEQUENT LOAN FINANCE OFFICE USE ONLY COMPLETE FOR FP LOANS ONLY 42. OBLIGATION DATE 43. BEGINNING FARMER/RANCHER MO OA YR I 1_' I ,_I , I . I (SeeFMI) I If the decision contained abo,'e in this form results in denial, reduction or calfullation of USDA assistanu. yau may appeal this decisiof1 and have a hearing or you may request a rerieM" in lieu of a hearing. Please use the form we have includedfor this purpose. Position 2 ORIGINAL - Borrower's Case Folder COpy 1 - Finance Office COpy 2 . Applicant/lender COPY 3 - State Office -- . ~--~-- ,--- _____~________.. _____".,~_"_____,__~___.T.__"^~__~___,______m___ _~"___~_.__"_ ~~___ ___T"_ " 228 CERTIFICATION ;U.1l nOVAL \ For All Fanners Programs EM, OL, FO. and SW Loans This loan is approved subject to the availability of funds. If this loan does not close for any reason within 90 days from lhe date of approval on this document. the approval official will request updated eligibility infonnation. The undersigned loan appli- cant agrees that the approval official will have 14 working days to review any updated infonnation prior to submitting this document for obligation of funds. If there have been significant changes that may affect eligibility, a decision as to eligibility . and feasibility will be made within 30 days ;.v..". the time the applicant provides the necessary infonnation. If this is a loan approval for which a lien and/or title search is necessary, the undersigned applicant agrees that the IS-working- day loan closing requirement may be exceeded for the purposes of the applicant's legal representative completing title work and completing loan closing. 44. COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIAL Approval of financial assistance is subject to the requirements of the "Letter of Conditions" dated 11/06/95, Rural Economic and C~.~mity Development (REeD) Instructions, Loan closing instructions issued by RECD, and availability of funds. 45. I HEREBY CERTIFY that I am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates and tenns, taking into consideration prevailing private and cooperative rates and tenns in or near my community for loans for similar purposes and periods of time. I agree to use the sum specified herein, subject to and in accordance with regulations applicable to the type of assistance indicated above, and request payment of such sum. I agree to report to USDA any material adverse changes, financial or otherwise, that occur prior to loan closing. I certify that no part of the sum specified herein has been received. I have reviewed the loan approval requirements and comments associated with this loan request and agree to comply with these provisions. (For SFH & FP loans at eligible tenns only) If this loan is approved, I elect the interest rate to be charged on my loan to be the lower of the interest rate in effect at the time of loan approval or loan closing. If I check "NO", the interest rate charged on my loan will be the rate specified in Item 29 of this form. YES NO WARNING: Whoever. In any matter within the Jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material . fact. or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined under this title or Imprisoned not more than five years, or both." L~~6 (Signature of App/icanJ) Date //- Cn - ,19 9-s- 1/- fLJ <j:J Harnett County ard of Conmissioners Date ,19 K~ ~ .~Ll._,L1tAd ) L6.{ L (Signature of eo-Applicant) 46. I HEREBY CERllt' 'l that all of the committee and administrative detenninations and certifications required by regulations prerequisite to providing assistance of the type indicated above have been made and that evidence thereof is in the docket, and that all requirements of pertinent regulations have been complied with. I hereby approve the above-described assistance in the amount set forth above, and by this document, subject to the availability of funds, the Government agrees to advance such amount to the applicant for the purpose of and subject to the availability prescribed by regulations applicable to this type of assistance. (Signature of Approving Official) James C. Kearney Date Approved: Title: State Director, REeD 47. TO THE APPLICANT: As of this date . this is notice that your application for financial assistance from the USDA has been approved. as indicated above, subject to the availability of funds and other conditions required by the . USDA. If you have any questions contact the County Supervisor or District Director. .U.S. Government PrInllnll OIIIce: 1995 - 857-410 ~r;9 //, ~.~ "_..A ..'- Position 5 USDA-FmHA FORM APPROV: Form FmHA 194247 OMB, No, OS7S-f (Rev, 1-90) LOAN RESOLUTION (Public Bodies) A RESOLunON OF THE Board of G,,'.....~ssi.oners .. ....... OF THE South Central Water and Sewer District - Harnett Cotmty, NC AUlliORIZING AND PROVIDING FOR THE INCURRENCE OF ll-luJ:~.l:He1Jl.ffiSS FOR TIIE PURPOSE OF PROVIDING A . PORTION OF THE COST OF ACQUIRING. CONSlRUCTING. ENLARGING. IMPROVING, AND/OR EXTENDING ITS Wa ter System FACILITY TO SERVE AN AREA LAWFULLY WITIDNITS JURISDICTION TO SERVE. WHEREAS, it is necessary for the South Central Water and Sewer District (public Body) (herein after called Association) to raise a portion of the cost of such \Uldertaking by issuance of its bonds in the principal amO\Ult of 'lWO MILLION FOUR IillNDRED TIIOUSAND (2.400.000.00) pursuant to the provisions of Local Goverrnnent Bond "Act (GS 159-43 EI SeQ.) ; and WHEREAS, the Association intends to obtain assistance from the Farmers Home Administration, United States Department of Agri- culture, (Herein called the Government) acting \Ulder 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 \Uldertaking and the purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such bonds is fO\Uld by the Association: NOW THEREFORE. in consideration of the .,.....J.ses the Association hereby resolves: 1. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds containing 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 Gov.........ent if at any time it shall appear to the Government that the Association is able to refmance its bonds by obtaining a loan for such purposes from responsible cooperative or private sources at reasonable rates and tenus for loans for similar purposes and periods of time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U.S.C. 1983(c)). 3. To provide for, execute, and comply with Form FmHA 4004, "Assurance Agreement." and Form FmHA 400-1, "Equal Opportunity Agreement," including an "Equal Opportunity Clause," which clause is to be incorporated in, or attached as a rider to, each construction contract and subcontract involving in excess of $10,000. 4. To indemnify the Government for any payments made or losses suffered by the Government on behalf of the Association. Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legal per- missible source. . 5. That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any cov- enant or agreement contained herein or in the instnunents incident to making or insuring the loan, the Government at its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and pay- able, (b) for the account of the Association (payable from the source of funds pledged to pay the bonds or any other legally permissible source), incur and pay reasonable expenses for repair, maintenance, and _t".....tion of the facility and such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession of the facility, repair, maintain, and operate or rent it. Default under the provisions of this resolution or any instnunent incident to the making or insuring of the loan may be construed by the Government to constitute default under any other instrwnent held by the Government and executed or assumed by the Association, and default under any such instnunent may be construed by the Government to constitute default hereunder. 6. Not to sell, transfer, lease, or otherwise encwnber the facility or any portion thereof. or interest therein, or permit others to do so, without the prior written consent of the Government. 7. Not to detace the bonds, or to borrow money. enter into any contractor agreement, or otherwise incur any liabilities for any purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the Government if such undertaking would involve the source of funds pledged to pay the bonds. 8. To place the proceeds of the bonds on deposit in an account and in a manner at"t".'~ led by the Government. Funds may be deposited in institutions insured by the State or Federal Government or invested in readily marketable securities backed by the full faith and credit of the United States. Any income from these accounts will be considered as revenues of the system. 9. To comply with all applicable State and F ederallaws and regulations and to continually 'Wi' _..te and maintain the facility in good condition. 10. To provide for the receipt of adequate revenues to meet the requirements of debt service, _t".....tion and maintenance, and the establishment of adequate reserves. Revenue accumulated over and above that needed to pay wt".....ting 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 incwred for the facility financed by FmHA. No free service or use of the facilitv "ill be pennitted. 11. To acquire and maintain.sucl.f insurance and fidelity bond coverage as may be required by the Government. 12. To establish and maintain such books and records relating to the wt".....tion of the facility and its fmancial 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 Gove(1l1llent 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 instrwnents 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 acco\Ult may be used when necessary for payments due on the bond if sufficient funds are not otherwise available. With the prior written ':'t"t'""val of the Government, funds may be withdrawn for: (a) Paying the cost ofrepairing 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. Any time funds are disbursed from the reserve account. additional deposits will be required until the reserve aCCO\Ult has reached the required funded level, . 15. To provide adequate service to all persons within the service area who can feasibly and l~gally be ~ed and ~o ob~ FmHA's concurrence prior to refusing new or adequate services to such persons. Upon fadure to proVIde semces which are feasible and legal, such person shall have a direct right of action against the Association or public body. --_..~,-- - --""-- ?30 16. To comply with the measures identified in the Govenunent'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 $ N / A under the terms offered by the Govenunent; that the Cha.irmaP and Clerk of the Association are hereby authorized and empowered to take all action necessary or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant; and to operate the facility under the terms offered in said grant agreement(s). 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 tenns of such instrument, shall be binding upon the Association as long as the bonds are held or insured by the Government or assignee. The provisions of sections 6 through 17 hereof may be provided for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling between the Association and the Government or assignee The vote was: Yeas S Nays 0 Absent 0 IN WTINESS WHEREOF, the Board of Commissioners of the South Central Water and Sewer District has duly adopted this resolution and caused it to be executed by the officers below in duplicate on this fn '1--~ davof A\ /) II e.mJ, e.,.... ) /995' , South Central Water and Sewer District (SEAL) By ?:/ ~L 1'. . r~ r Attest: Title Chairman \~ J. & t1Al~A\a.Jl(J Title Clerk . CERTIFICATION TO BE EXECUTED AT LOAN CLgSIttGc t 1 W t ou en ra a er I. the undersigned, as Clerk of the and Sewer District hereby certify that the Board of Commissioners of such Association is composed of S members. of whom. 3 constituting a quonun. Were present at a meeting thereof duly called and held on the (ok day of -AJ..o.-11 e. Y\l h.. t-' ,/'1957 and that the foregoing resolution was adut'~...l at such meeting by The vote shown above, I further certify That as of , the date of closing of the loan from the Fanners Home Administration, said resolution remains in effect and has not been rescinded or amended in any way. Dated, thi~ day of , Title C]prK 10< U.S.GPO: 1990-0-717-014/22842 . -------..--- ---- 231 BorrNme FORM APPROVED OMB NO. 0575-0015 UNITED STATES DEPARTMENT OF AGRlCULTIJRE FARMERS HOME ADMINISTRATION Fonn FmHA 1942-46 (Rev. 9-89) LE .l1.f.R OF INTENT TO MEET CONDITIONS . Date November 6, 1995 TO: Farmers Home Administration United States Department of Agriculture 1027 HIGHWAY 70 W, SUITE 219 GARNER, NC 27529 (County Office Address) We have reviewed and understand the conditions set fourth in your letter dated November 6, 1995 It is our intent to meet all of them not later than November 6, 1996 We are also requesting that we be given the interest rate in effect at the time ofloan approval or at the time of loan closing, whichever is lower. In otherwords, we want the lowest interest rate possible SOUTH CENTRAL W&S OF HARNETT COUNTY BY 4~aba ,/, ~.c 6i H. L. Sorrell. Jr.. Chai an . USDA-FmHA Position 3 Schedule 1 Form FmHA 442-7 OPERATING BUDGET (Rev. 8-12-76) Name I Address SOUTH CENTRAL W&S OF HARNETT COUNTY P.O. BOX 1119 ULUNGTON Applicant Fiscal Year County I State (Including ZIP Code) From JULY 1 To JUNE 30 . HARNETT NC 27546 , 1995 1996 First Full Year OPERATING INCOME (1) (2) (3) (4) (5) 1. WATER SALES 736,400 i 736.400 841,050 2. TAPS 10.000 10,000 30,000 3. 4. 5. Miscellaneous I 6.Less: Allowances and < )1< ) < ) < ) < ) Deductions 7. Total Operating Income $746,400 $746,400 $0 $0 $871,050 .<Add Lines 1 through 6) I OPERATING EXPENSES 8. SALARIES 170.000 178,000 187,000 9. BULK WATER 258.000 I 264,000 I I I 269,300 to.office eSD and util 54,000 I 57,000 I I 60,000 l1.BONDINGIINSURANCE 4,400 4,600 I I 4,800 12.maint and sUDDlies 75,600 79,000 I I I 83.000 13.contract services 9,900 I 10,300 I I I 10,810 14.miscel 4,700 I 5.000 I I I 5.300 . . - - -----~--------- ~-- ~---"-- -~-- -~-_...-~-..--~_...__..~-- ..~---- -----------~--~.-- 232 15. Interest (FmHA) 55.000 54~000 180,000 16. Depreciation 186,000 186,000 233,000 17. Total Operating Expense 817,600 837,900 0 0 1,033,210 (Add Lines 8 through 16) 18. NET OPERATING INCOME ($71,200) ($91,500) $0 $0 ($162,160) (LOSS) (Line 7 less 17) NONOPERATING INCOME . 19. 20. 21. Total Nonoperating Income I (Add 19 and 20) 0 0 0 0 0 22. NET INCOME (LOSS) (Add Lines 18 and 21) ($71,200) ($91,500) $0 $0 ($162,160) (transfer to line A Schedule 2) Budget and Projected Cash Flow Approved by Governing Body Attem: J;f Z;:~ s.c~t.ry 1/'6:>-95 Date 1/ - (p - 9.r / / Appropriate Official Date Schedule 2 PROJECTED CASH FLOW I I I . First 1995 1996 Full Year A. Line 22 from Schedule 1 Income (loss) '71.200) '91.500~ 0 0 '162.1_ Add B. Items in Ooerations not Reauirin2" Cash: l. Depreciation (line 16 Schedule 1) 186.000 186.000 233.000 2. Others: C. Cash Provided From: 1. Proceeds from FmHA loan/grant 2.400.000 2. Proceeds from others 3. Increase (Decrease) in Accounts Payable, Accruals and other Current Liabilities 4. Decrease (Increase) in Accounts Receivable, Inventories and Other Current Assets (Exclude Cash) 5. Other: BAN ~.400.000 6. D. Total all A. B, and C Items 114.800 4.894.500 0 0 70.840 E. Less: Cash Emended for: 1. AIl Construction, Equipment and New Capital Items (Loan and Grant funds) 2.400.000 2. Replacement and Additions to Existing Property, Plant and Equipment 40.000 35.000 30.000 3. Principal Payment FmHA Loan 11.000 11.000 31.823 4. Principal Payment Other Loans . 5. Other: Drine and int BAN 2.445.000 6. Total E 1 through 5 51.000 4.891.000 0 0 61.823 Add F. Beginning Cash Balances 0 0 0 G. Ending Cash Balances (Total ofD Minus E 6 Plus F) 63,800 3,500 0 0 9,017 - Item G Cash Balances Comnosed of: Construction Account Revenue Account Debt Payment Account O&M Account 63.800 3.500 9.017 Reserve Account Funded Depreciation Account Others: I . I I I ~3~ c. \..." Position 3 USDA-FmHA FORM APPROVED Form FmHA 400-4 ASSURANCE AGREEMENT O~. ~0.0575~OI8 (Rev. lO~94) (Under Title VI, Civil Rights Act of 1964) The SOUTH CENTRAL W&S OF HARNE1T C;()T~TY (name a/recipient) .. O. Box 759. Lillinaton. NC 27546 (address) ("Recipient" 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 IS. and Farmers Home Administration regulations promulgated thereunder, 7 C.F.R. ~ 1901.202. In accordance with that Act and the regulations referred to above, Recipient agrees that in connection with any program or activity for which Recipient receives Federal financial assistance (as such term is defined in 7 C.FR ~ 14.2) no person in the United States shall, on the ground ohace, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination. 1. Recipient agrees that any transfer of any aided facility, other than personal property, by sale, lease or other conveyance of contract, shall be, and shall be made ..Ay.....;sly, 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 Fanners 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 facilities 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 Federal financial assistance, 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~' 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 assistance 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. Rights and remedies provided for under this agreement shall be cumulative. In witness whereof,SOUTH CENTRAL W&S OF HARNETT COUNTY on this (name of recipient) date has caused this agreement to be executed by its duly authorized officers and its seal affixed hereto, or. if a natural person, has hereunto executed. ihis C\greement. ~~d- , r /- Recipient tf{~. S rrell, Jr.. Chai~ (S E A L) November 6. 95 Date Attest:J\a,-~ .r ~3 Ctl,AL~ivVIt.( , (hi L . ( ~ ~ ~C n>por/Jil~ tlD'lie.: /or fAj,,' .":;//erlIiJo 0/ IiJ!OI7J1alioo is estimaled 10 averap 15 minules per rt'SfI/JIlSl'. IPdutIJo~ lIIe lilllt' lor Il'vit'lIin~ lilslrut:lilJll.f. warclun, e.risIJil~ tlala SQUI'l"eS. ~alllt'nn, 8DtllIl4lll18ining tie tI~~ Offl:~ 4.,tI c/JI/lp/elior 11I1t1ll'viell'mr lIIe co//ee/ioo of 1010l'l/l0l100. Send coDJl/leols nr6I'rIinK lIIis IJlll'IIeo eslim8~ or 1111)' Diller 11sp<<l 0/ llJis coJ/erbiJn of inlDJ7TJ8/iOO. indutlin~ sugesb;'1!S !:'. - miu~ IIIls 1Jurr/t'n. lo/kp8r1nJenl 0/ A"Pfieullurt'. C/tI1I'8IIt't' fJlJJet'J: PIH.v. ,Ie IJor?@d. TasAilqlOlJ. OC ~1l4Drl 101M 1J/IJi'e' 0/ JI~I ami /lurlpl. 1'8pt'J7W"K l?erIudi'IJ .l.,~itr'1. (:i3 AIlIJ5?5-1J()18). 'aslJiorlon. DC. 1?lJS03. PlNSt' lJO Nil! IlE:!'lIHN I"is 1DJ7TJ 10 ellller 0/ I"est' 11.;,) "_~ I'0fF6F(/ 10 f>nHJ DO/;'. o u.s. GOVERNMENT PRINTING OFFICE: 1994 - J-656-241 -",-"- ,--------------- -------.._..__..-._-~--,~--"- - ,--.~-._--.~-----~------ --,- -,--- ----- 234. FORM APPROVED UNITED STATES DEPARTMENT OF AGRICULTURE OMB No. 0575..0018 Form FmHA 400-1 (Rev. 7-19-83) FARMERS HOME ADMINISTRATION EQUAL OPPORTUNITY AGREEMENT This agreement, dated November 6. 1995 between SOUTH CENTRAL W&S OF HARN~TT CQlJNIT (herein called "Recipient" whether one or more) and the Farmers Home Administration, United States Department of Agriculture, pursuant to the rules and regulations of the Secretary of Labor (herein called the . Secretary') issued under the . authority of Executive Order 11246, as amended, witnesseth: In consideration of financial assistance (whether by a loan, grant, loan guaranty, or other form offinancial assistance) made or to be made by the Farmers Home Administration to Recipient, Recipient hereby agrees, if the cash cost of construction work performed by Recipient or a construction contract financed with such financial assistance exceeds $10,000--unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant 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 relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid for in whole or in part with aid of such financial assistance, the following "Equal Opportunity Clause": During the performance of the contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national 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 or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Farmers Home Administration, advising the said labor union or workers' representative of the contractor's commitments under this agreement as required pursuant to section 202(3)- of Executive Order 11246 of September 24, 1965, and shall post copies of the . notice in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and all rules, regulations and relevant orders of the Secretary of Labor and of any prior authority which remain in effect. (e) The contractor will furnish all information and reports required by Executive Order 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. (f) 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 of Federally Assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor or as provided by Law. (g) The contractor will include the provisions of this Equal Opportunity (Federally Assisted Construction) clause in every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each such subcontractor or vendor. The contractor will take such action with respa."t to any subcontract or purchase order as the Farmers Home Administration may direct as a means of enforcmg such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation ,vith 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. 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-425, Instructions to Contractors, will accompany the notice of award of the contract. Bid conditions for all nonexempt Federal and Federally assisted construction contracts require inclusion of the appropriate "Hometown" or "Imposed" plan affirmative action and equal employment opportunity requirements. All bidders must comply with the bid conditions contained in the invitation to be considered responsible bidders and hence eligible for the award. 5. To assist and cooperate actively with the Farmers Home Administration and the Secretary in obtaining the compliance of contractors and subcontractors with the provisions of the Equal O........l roity Clause and the said rules, regulations, and orders, to obtain and furnish to the Farmers Home Administration and the Secretary, form AD-560, Certification of Nonsegregated Facilities, to submit the Monthly Employment Utilization Report, Form CC-257, as required and such other information as they may require the supervision of such compliance, and to otherwise assist the Farmers Home Administra- tion in the discharge of its primary responsibility for securing compliance. , ~~~ 6. To refrain from entering into any contract. or extension or other modification of a contract, subject to such ExeoiJi.i'te? '..... Order with a contractor debarred from government contracts or federally assisted construction contracts pursuant to Part II, Slllr""~ 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 further assistance under the program involved until satisfactory assurance of future compliance has been received from recipient; and (c) refer the case to the Office of Equal Opportunity, U.S. Department of Agriculture for appropriate action. Witness the due execution hereof by Recipient on this. the date first above written. . soum CENTRAL W&S OF HARNETT CO (CORPORATE SEAL) ~a=~/ Attest: Ktt~. J. ~;,;{ / . '~ H. L. Sorrell, Jr. airman Secretary Position 3 USDA-FmHA FORM APPROVED FonnFmHA 1910-11 OMB. No. OS7S-0127 (Rev. 9-89) APPLICANT CERIllICATION FEDERAL COLLECTION POLICIES FOR CONSUMER OR COMMERCIAL DEBTS The Federal Government is authorized by law to take any or all of the following actions in the event your loan payments become delinquent or you default on your loan: Report your name and accoWlt information to a credit reporting agency. . Assess interest and penalty charges for the period of time that payment is not made. Assess charges to cover additional administrative costs incurred by the government to service your acCOWlt. Offset amoWlts to be paid to you Wlder other Federal Programs. Refer your accoWlt to a private collection agency to collect the amoWlt due. Foreclosure on any security you have given for the loan. Pursue legal action to collect through the courts. Report any written off debt to the Internal Revenue Service as taxable income. If you are a current or retired Federal employee, take action to offset your salary, or civil service retirement benefits. Debar or suspend you from doing business with the Federal Government either as a participant or principal throughout the executive branch of the Federal Government for the period of debannent or suspension. Any or all of these actions may be used to recover any debts owed when it is detennined to be in the interest of the Government to do so. - CERTIFICATION: Uwe have read and I/we Wlderstand the actions the Federal Government may take in the event that Uwe fail to meet my/our scheduled payments in accordance with the tenns and conditions of my/our agreement. Uwe Wlderstand that the above list is not all inclusive and that the Federal Government may deem additional actions necessary to collect should Uwe become delinquent. . (Signature -Individual(s)) (Date) (Signature-Individual (s))) (Date) ---------------------------------------------------------------------------------------------- SOUTH CENTRAL W&S OF HARNETT COUNTY (SEAL) ~~ican~ ~. ~~ I . (Stgnatuf'e ~thOri~tity Official) H. l. Sorrell. Jr.. Chairman ATTEST: (Iitle of Authorized Entity OfficiaO . J &' I / P. O. Box 759. Llllln~ton. /( ~ ., I a.,.,,1t1 r.utJr C! 'annturtl nf Attl?~tin(7 nmrin/J (Address) ~-- -- --- ~ ~--_.._- 236 u.s. DEPARTMENT OF AGRICUL TURE Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions This certi~ication is required by the regulations implementing Executive Order 12549, . Debarment and Suspension, 7 CFR part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV o~ the January 30, 1989, Federal Register (pages 4722-4733) . Copies of the regulations may be obtained by contacting the Department o~ Agriculture agency offering the proposed covered transaction. (BEFORE COMPLETING CERTIFICATIoN, READ INSTRUCTIONS ON R.a.v.l!oA8E) (1) The prospective primary participant certifies to the best of its knowl~.2...~ and belief, that it and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not wi thin a three-year period preceding this proposal. been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; . (c) are not presently indicted for or otherwise criminally or civilly charged by a gove__._;~..tal entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. SOUTH CENTRAL W&S OF HARNETT COUNTY Organization Name PR/Award Number or Project Name H. L. Sorrell, Jr., Chairman Name and Title of Authorized representative d November 6, 1995 / Date . 1 Form AD-I047 (2/89) -- -- 237 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this form, the prospective primary participant is providing the certification set out on the reverse side in accordance with these instructions. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective part:Lcipant shall submit an explanation of why :Lt cannot provide the certif:Lcat:Lon set out on th:Ls form. The cert:Lf:Lcat:Lon or explanation w:Lll be considered. :Ln connection w:Lth the department or agency's determ:l.nat:Lon whether to enter into th:Ls transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance . was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other ___~d1es available to the Federal Government, the department or agency may term:l.nate this transaction for cause or default. 4. The prospect:Lve primary participant shall provide immediate written notice to the department or agency to whom this P__r_sal is submitted if at any time the prospective primary participant learns that its certification was erroneous when sUbmitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "inelig1ble," "lower t:Ler covered transaction," "participant," "person," "primary covered transact:Lon," "principal," "proposal," and "voluntar:Lly excluded," as used in this clause, have the meanings set out in the Def:Lnitions and Coverage sections of the rules implement:Lng Executive Order 12549. You may contact the department or agency to which th:Ls proposal :Ls be:Lnq submitted for ass:Lstance :Ln Cbta:Ln:Lnq a copy of those regulat:Lons. 6. The prospective primary participant agrees by subm:Ltting th:Ls form that, should the proposed covered transaction be entered into, :Lt shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared inel:Lgible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by subm:Ltting this form that :Lt will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transact:Lons. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determ:l.nes the el:Lg1bil:Lty of its princ:Lpals. Each participant may, but is not . required to, check the Nonprocurement List. 9. Nothing conta:Lned in the foregoing shall be construed to require establishment of a system of records :Ln order to render :Ln good fa:Lth the certificat:Lon requ:Lred by th:Ls clause. The knowledge and informat:Lon of a part:Lc:Lpant is not required to exceed that which :Ls normally possessed by a prudent person in the ordinary course of business deal:Lngs. 10. Except for transactions author:Lzed under paragraph 6 of these instruct:Lons, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or defaul t. CERTIFICATION FOR CONTRACTS~ GRANTS AND LOANS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf . of the undersigned, to any person for influencing or attempting to influence an officer or ~l.u.t!loyee of any agency, a Member of Congress in connection with awarding of any Federal contract, the making of any Federal grant or Federal loan, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant or loan. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, or an '-mployee of a Member of Congress in connection with this Federal contract, grant or loan, the undersigned shall complete and submit Standard FVllll - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. ~. ---~---- - -~-- 238 3. The undersigned shall require that the language of this certification be , included in the award documents for all sub awards at all tiers (including contracts, subcontractors, and sub grants under grants and loans) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this . certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SOUTH CENTRAL W&S OF HARNETT COUNTY bY:~/~~ M. L. sbrrell, JrfChairman tJ~i..vt ~ ,1jJ., Date - TO: SOlJrH CENTRAL WATER AND SEHER DISTRTCT . DATE: November 06, 1995 : Identifying and Reporting FmHA/RDA Assistance to FmHA/RDA Employees, Relatives, and Associates ~.- To assure the high standards of honesty, integrity, and impartiality maintained by FmHA/RDA employees, we need to identify any Fl\1HAIRDA assistance to be provided to FmHA!RDA employees, their relatives, or their business or close personal associates. This includes insured or guaranteed, loans or grants, to individuals or organizations. If you know of any relationship or assocaition you may have with an FmHA!RDA employee, County Committee member, or closing agent, please notify the local FmHA!RDA office processing your application. Your response win allow us to make special provisions for processing, but will not affect your application status. Thank you for your cooperation. - . - - - Jac ie:~ a1 DeveloIJllent Manager ,,",r"tQ ~" ..c,. , . ""-'= \......) "':.......1 SOUTH CENTRAL WATER AND SEWER DISTRICT Resolution No: 1 BE IT RESOLVED: ~7IJCI!'~rllA'-.tN,4.TIi/C. AI"O :rU..,.",A: IJls'f'~ . . That the 1\.._... _:.:. esuR_P. Board of Commissioners accepts the cond~ t~ons set forth in the Letter of Conditions dated November 06, 1995, and the FmHA Form 1942-47 "Loan Resolution": . That the county Board of commissioners approves as sh..,nu on Form FmHA 442-7 "Operating Budget", the proposed budget: That the Chairman and Clerk be authorized to execute all forms necessary to obtain a loan from the Rural utility Service (RUS), including, but not limited to the following forms: Form FmHA 1942-47 Loan Resolution Fv~_ FmHA 1942-46 Letter of Intent Form FmHA 442-7 Operatinq Budqet Fv~_ FmHA 400-4 Assurance Agreement Form FmHA 400-1 Equal Opportunity Agreement F...,~_ FmHA 1940-1 Request for Obliqation of Funds Form FmHA 1910-11 Applicant Certification Federal Collection Policies Form AD-1047 Certification Regardinq Debarment. . . .Exhibit A.1, 1940-Q Certification for Contracts, Grants and Loans That if the interest rate charged by FmHA should be changed between this date and the date of actual loan approval, the Chairman and Clerk be authorized to execute new forms reflecting the current interest rate and revised payments as required by the RUS: . That the Board of Commissioners elects to have the interest rate charged by FmHA to be the lower of the rate in effect at either the time of loan approval or loan closinq: The proposed rate schedule for water use will be as follows, once the improvements are in operation: Residential-- Minimum $13.00 per 2,000 gallons of water usage Allover 2,000 gallons - $2.50 per 1,000 gallons Commercial-- Minimum $14.00 per 2000 gallons of water usage Allover 2,000 gallons - $2.50 per 1,000 gallons This resolution to become a part of the official minutes of the Board meeting held on November 06, 1995. MOTION MADE BY f2 r-,"'''"l - "!I) ~;. e.L A~~ SECONDED ifi ~____ R l 01;..';'1 _~ TO ADOPT THE RESOLUTION. MOTION PASSED .r TO 0 ATTEST: .~m1x Ai tl-1~ tlhd BY: n 6~ / ,I LC I - . -------,--- - --,--,--- ~ ~_____~.__.c____. 240 Attachment 7. 7 USDA-RECD Form FmHA 1940-1 REQUEST FOR OBLIGATION OF FUNDS (Rev. 3-95) . INSTRUCTIONS-TYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED ( IIII ) Complete Items 1 through 30 and applicable Items 31 through 43. See FMI. - ~ 1. CASE NUMBER LOAN NUMBER FISCAL YEAR ST CO BORROWER 10 . 3.810.4.310.5.6.1.6.4.1.8.9.01 0.21 9.61 2. BORROWER NAME 3. NUMBER NAME FIELDS S,O,U,T,H,W,E,S,T, ,W,A,T,E,R, ,A,N,DI Z l (1,2, or 3 from "em 2) 4. STATE NAME S, E. W. E. R. .D.I.S.T.R.I.C.T. . . . . I N.O.R.T.H. .C.A.R.O.L.I.N,A, I 5. COUNTY NAME . . . . . . . . . . . . . . . . . . I H.A.R.N.E.T,T, , , , , , , , I GENERAL BORROWER/LOAN INFORMATION 6. RACE/ETHNIC 7. TYPE OF 4 . PUBlIC BODY 8. COLLATERAL CODE 9. EMPLOYEE CLASSIFICATION APPLICANT 5. ASSOC. OF 1 . REAL ESTATE 4. MACHINERY ONLY RELATIONSHIP CODE FARMERS SECURED 5. UVESTOCKONLY '.WHITE 4 . HISPANIC 8. ORG. OF 2. REAL ESTATE 8. CROPS ONLY I . EMPLOYEE I - INDIVIDUAL FARMERS AND CHATTEL 7 . SECURED BY 2. MEMBER OF FAMILY 2 - BLACK 5~AIPI 41 2 - PARTNERSHIP WORKERS I 3.AIIAN 3 - CORPORATION 7 - OTHER 7 P . NOTE ONLY OR BONDS I 3 . CLOSE RELATIVE ':""'~LONLY 4. ASSOC. 1 o. SEX CODE :: 6'i:~~U~fLE OWNED 11. MARITAL STATUS 12. VETERAN CODE 13. CREDIT REPORT 61 '.MALE 5 - ORGA"'. FEMALE OWNED 1 - MARRIED 3 . UNMARRIED (INCLUDES '.YES 2 I.YES 2 - FEMALE 6 . PUBLIC BODY , 2 - ~A~A,T~O WlDOWEDIDIVORCED) , '.NO I 2-NO 14. DIRECT PAYMENT 15. TYPE OF PAYMENT 16. FEE INSPECTION 17. INTEREST CREDIT I (S...PM~ 21 ' - MONTHLY 3 - SEM~ANNUALL Y I.YES I - YES (FOR SFH ONL YJ 2 . ANNUALLY 4 - OUAATERL Y 21 2.NO 1 HIO 18. COMMUNITY SIZE 19. DWELLING TYPE/USE OF FUNDS CODE , . 10.000 OR LESS (FOR SFH AND (See FMI) .1 2'OVERI0.000 HPGONLY) , , , COMPLETE FOR OBIIAATION OF FUNDS 20. TYPE OF 21. PURPOSE CODE 22. SOURCE OF FUNDS 123. TYPE OF ACTION ASSISTANCE I.OBUGATIONONLY 0.6.1. (See FMI) 21 11 2. OBUGATlONICHECK REOUEST . 3. CORRECTION OF OBUGATION . 24. TYPE OF SUBMISSION 25. AMOUNT OF LOAN 26. AMOUNT OF GRANT '.INITIAL ?I 2.SUBSEOUENT 18;8.0!0.0.010.Q .. I .010.01 . 27. AMOUNT OF IMMEDIATE 28. DATE OF 29. INTEREST RA' 'E 30. REPAYMENT TERMS ADVANCE APPROVAL MO DA VR ., I , , I , .010,01 , .-. . .-. . I 0.512.5.0.0.010 4.01 . COMPLETE FOR SINGLE FAMILY HOUSING ONLY 31. INCOME CATEGORY CODES 32. LOW INCOME 33. ADJUSTED FAMILY INCOME 1 . VERY LOW 3 . MODERATE LIMIT-MAX. 2.LOW 4 - ABOVE MODERATE . I · · 10.01 l .010.01 , . 34. R.E. INSURANCE 35. R.E. TAXES 36. R.E. TAXES 37. NOTE INSTALLMENT INELIGIBLE 1 st year 2nd year I I . J a, 01 I . . 10.01 I . . 10.01 I . . Jo.ol 38. TYPE OF UNIT 1 . FARM TRACT 2. NON.FARM TRACT I COMPLETE FOR COMMUNITY PROGRAM AND CERTAIN MULTIPLE-FAMILY HOUSING LOANS 39. PROFIT TYPE 2. UMITED PROFIT . 1 . FULL PROFIT 3 . NONPROFIT COMPLETE FOR EM LOANS ONLY COMPLETE FOR CREDIT SALE-ASSUMPTION 40. DISASTER DESIGNATION NUMBER 41. TYPE OF SALE 2 . ASSUMPTION ONLY 4 . ASSUMPTION WIlli . , . I (SeeFM/) I . CREDIT SALE ONLY 3. CREDIT SALE WITH SUBSEQUENT LOAN SUBSEOUENT LOAN . . FINANCE OFFICE USE ONLY COMPLETE FOR FP LOANS ONLY 42. OBLIGATION DATE 43. BEGINNING FARMER/RANCHER MO OA VR . .-, . .-. . I I (See FMI) If the decisi".n contained above in this form results in denial. reduction or cancel/ation of USDA assistance. you may appeal this decision and have a hearing or you may request a re,.ie". in lieu ofa hearing. Please use the form we have includedfor this purpose. Position 2 ORIGINAL - Borrower's Case Folder COPY 1 - Finance Office COPY 2 - Applicant/Lender COPY 3 - State Office :.? ,~. 1. CERTIFICATION APPROVAL For All Fanners Programs EM, OL. FO, and SW Loans . This loan is approved subject to the availability of funds. If this loan does not close for any reason within 90 days from the date of approval on this document, the approval official will request updated eligibility information. The undersigned loan appli- cant agrees that the approval official will have 14 working days to review any updated information prior to submitting this document for obligation of funds. If there have been significant changes that may 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 approval for which a lien and/or title search is necessary, the undersigned applicant agrees that the 15-working- day loan closing requirement may be exceeded for the purposes of the applicant's legal representative completing title work and completing loan closing. 44. COMMENTS AND REQUIREMENTS OF CERnro fING OFFICIAL Approval of financial assistance is subject to the requirements of the "Letter of Conditions" dated 11/06/95, Rural Economic and G."ua...mity Development (REeD) Instructions, loan closing instructions issued by RECD, and the availability of funds. 45. I HEREBY CERTIFY that I am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates and tenns, taking into consideration prevailing private and cooperative rates and tenns in or near my community for loans for similar purposes and periods of time. I agree to use the sum specified herein, subject to and in accordance with regulations applicable to the type of assistance indicated above, and request payment of such sum. I agree to report to USDA any material adverse changes, financial or otherwise, that occur prior to loan closing. I certify that no part of the sum specified herein has been received. I have reviewed the loan approval requirements and comments associated with this loan request and agree to comply with these provisions. (For SFH & FP loans at eligible tenns only) If this loan is approved, I elect the interest rate to be charged on my loan to be the lower of the interest rate in effect at the time of loan approval or loan closing. If I check "NO", the interest rate charged on my . loan will be the rate specified in Item 29 of this form. YES NO WARNING: Whoever. In any matter within the Jurisdiction of any department or agency of the United States / knowingly and willfully falsifies. conceals or covers up by any trick. scheme, or device a material L fact, or makes any false, fictitious or fraudulent statements or representations. or makes or uses any false writing or document knowing the same to contain any false. fictitious or fraudulent I! statement or entry, shall be fined under this title or Imprisoned not more than five years, or '/ both." ,~~te . Jj- (c; '-7> ,19 9S- /iY/~! I H. L. Sorrell~irman (Signature of Applicant) \ //- (p 95"' Harnett County Board of Colllllissioners Date ,19 Ktt(yJ~~dd (Signature oICo-Applicant) 46. I HEREBY CERTIFY that all of the committee and administrative determinations and certifications required by regulations prerequisite to providing assistance of the type indicated above have been made and that evidence thereof is in the docket, and that all requirements of pertinent regulations have been complied with. I hereby approve the above-described assistance in the amount set forth above, and by this document, subject to the availability of funds, the Government agrees to advance such amount to the applicant for the purpose of and subject to the availability prescribed by regulations applicable to this type of assistance. C K (Signature of Approving Official) James . earney .Date Approved: Title: State Director, REeD . this is notice that your application for financial assistance 47. TO THE APPLICANT: As of this date from the USDA has been approved, as indicated above. subject to the availability of funds and other conditions required by the USDA. If you have any questions contact the County Supervisor or District Director. .u.s. Gove,""*,, Printing 0IIIce: 18115 - 857-410 - 2i4.? SOUTHWEST WATER AND SEWER DISTRICT Resolution No: 1 BE IT RESOLVED: ~T H WwS-r WA-rJlJ:,m;I1 :sewIM ~PIST~Je'" That the fI....""..:.e-.e.. ..".:.~ Board of Commissioners accepts the conditions set forth in the Letter of Conditions dated November 06, 1995, and . the FmHA F",..._ 1942-47 "Loan Resolution": That the county Board of Commissioners approves as shown on Fv..._ FmHA 442-7 "Operating Budget", the proposed budget: That the Chairman and Clerk be authorized to execute all forms necessary to obtain a loan from the Rural utility Service (RUS), including, but not limited to the following forms: Form FmHA 1942-47 Loan Resolution F",...w FmHA 1942-46 Letter of Intent F.......w FmHA 442-7 Operating Budget F""...w FmHA 400-4 Assurance Agreement F.......w FmHA 400-1 Equal Opportunity Agreement Form FmHA 1940-1 Request for Obligation of Funds Fv...w FmHA 1910-11 Applicant certification Federal Collection Policies Form AD-1047 Certification Regarding Debarment... Exhibit A.1, 1940-Q certification for Contracts, Grants and Loans That if the interest rate charged by FmHA should be changed between this date and the date of actual loan approval, the Chairman and Clerk be authorized to execute new forms reflecting the current . interest rate and revised payments as required by the RUS: That the Board of Commissioners elects to have the interest rate 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 will be as follows, once the improvements are in operation: Residential-- Minimum $13.00 per 2,000 gallons of water usage Allover 2,000 gallons - $2.50 per 1,000 gallons Commercial-- Minimum $19.00 per 2000 gallons of water usage Allover 2,000 gallons - $2.50 per 1,000 gallons This resolution to become a part of the official minutes of the Board meeting held on November 06, 1995. MOTION MADE BY .c Mm.. 1M a.;~ H.J} SECONDED BY Dc........ {,},d r~. ~r TO ADOPT THE RESOLUTION. MOTION PASSED $' TO 0 ATTEST: f\ttw 4.. &M-~J.. cWJ j BY:~~/ CnERK I~- . ~ ___ __n_...._...___ __. _ united states Rural utility service 243 Department of 1027 Highway 70 West, suite 219 - Agriculture Garner, North Carolina 27529 November 06, 1995 Southwest Water and Sewer District, Phase II c/o Harnett County Board of Commissioners P. O. Box 759 Lillington, North carolina, 27546 . Dear Sirs: 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 $880,000.00. If the Rural utility service (RUS) makes the loan, vou mav make a written reauest t~at tpe interest rate be the lower of the rate in effect at the time of loan aooroval or the time of loan clos!na. if vou do not reauest the lower of the two ipterest rates. the :t.nt~rest rate charaed will be the rate in effect at the time of loan aooroval. 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 vou want the lower of the two rates. your wri tten reauest should be submi tted to RUS as soon as oractical. In orq.er' t:9 - ~;YQ:i.d oQs~ibJ.e delavs in loan closina such a reauest shQuld ordinarilY be submitted at least 30 calendar days before loan closina. . Any changes in proj ect costs, source of funds, scope of services or any other significant changes in the project or applicant must be reported to and approved by the RUS by written amendment to this letter. Any changes not approved by RUS 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 the conditions set forth in this letter are not met within 12 months from the date hereof, RUS reserves the right to discontinue the processing of the application. REPAYMENT SCQEPUL~ 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 installments will be interest only installments. . INTERIM FINANCING 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, the RUS 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. ~.~ " .~-~..-. ----~- .~---,_. 24.4 SECURITY Security for the loan will consist of a General Obligation Water Bond authorized and prepared . 1n accordance with FmHA Instruction 1942-A, subsection 1942.19. The Rural utility Service 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 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 devel'wthuent 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 Act of 1973. . j. Age Discrimination Act of 1975. ACCOUNTING. AUDJ,r.S. AND ~.EPORTS Accounting and aUditing will be established and maintained in accordance with the requirements of North Carolina General statutes, FmHA Instructions 1942.17(q) and appropriate OMS circulars. The audit report is to be in accordance with OMS Circular A-128 for the year(s) in which the appropriate amount of Federal Assistance . received and in accordance with RUS 1S requirements set forth in FmHA Instructions 1942-A, section 1942.17(q) for other years. The District is to provide RUS a copy of their Audit Contract. A copy of the annual audit report will be provided RUS 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 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 RUS loan(s). The District may make a written request to provide less coverage, along with justification, to RUS for their review and decision on the request. ". ---- ----- . ,)/i~ The public liability and property damage l.nsurancet:~C" 11...,~ '..J requirement should 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. 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 as required by North Carolina General statutes. FINAL PLANS AND CQN~TRUC~IO~ CONTRACT DOCUMENTS 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 RUS must be notified and a revised Preliminary Engineering Report with the new budget must be submitted. Any changes not approved by RUS 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 accentable material. IN ANY CASE WHERE THE APPLICANT PROPOSES TO AWARD A CONTRACT (OR CONTRACTS) TO A BIDDER OTHER THAN THE APPARENT LOW BIDDER, THE APPLICANT MUST FIRST OBTAIN CONCURRENCE FROM THE RUS . STATE DIRECTOR BEFORE TAKING ACTION TO AWARD THE CONTRACT (OR CONTRACTS). RUS reserves the riaht not to concu~ ~n ~nv Q~t~~Qt ~her~ this 90licv is ~ot followed. - Concurrence by the RUS State Office Engineer must be obtained prior to negotiating with contractors subsequent to opening bids. RUS 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 to the RUS. OPERATING BUDGET A water system operating budget must be adopted by the applicant after approval by the RUS. 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 the RUS RULES AND REGULATIONS Water system rules and regulations must be submitted to RUS 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 a mandatory hookup ordinance and agrees in writing to enforce the ordinance. '). 46.' L"-. WATER PURCHASE/TREATMENT CONTRACT The District must obtain a water purchase/treatment contract with the Harnett County Water Treatment Plant that will provide for sufficient water to meet the needs of the District. Attached F......... FmHA 442-30, Water Purchase contract, can be used or used as a guide. The contract must be approved by RUS prior to loan closing or the or start of construction, whichever occurs first. 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 funding needs will be re-assessed before loan Closing or start of construction, whichever occurs first. DEBARMENT CERTIFICATION 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-1048, Certification regarding 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 DEBT COLLECTION POLICIES The District will acknowledge receipt of debt collection policies by executing Form FmHA 1910-11, "Application Certification, Federal Collection Policies For Consumer or Commercial Debts", prior to loan approval. DISTRICT'S CONTRIBUTION , The District is to deposit $2,000.00 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 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 COMP~~SA~~ON paR ~~ICIENCIES "The Dis~rict agrees that, in the event of deficiencies in develQPmeqt, 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 enqineer, 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". --------- --------- -- ?117 .",.,., -~1" ~ 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 RUS concurrence. FmHA forms and/or guides are available for use by the District when appropriate. MITIGATION MEASURES REQ.UIRED TO AVOID ADVERSS ENVIRONMENTAL IMPACT The fOllowing measures must be accepted and agreed to . by the District prior to loan approval: Erosion: Sediment and erosion control measures will be strictly adhered to at stream crossings. specifications and permits will require topography of the area to be restored to pre-project conditions. No fill or excavation (other than required to install the project will be allowed. Vegetation will be restored as quickly as site conditions allow. state personnel form the NC Department of Natural Resources typically monitor construction activities on a regular basis and strictly enforce floodplain/wetland erosion control measures. An Erosion and Sediment Control plan will be required by the NC Erosion and Sediment Control Act of 1973, and must be filed with and approved by the Ne Department of NRCD. Wetlands: To eliminate the possibility of the water system accommodating future development within designated . wetlands, the following future service restriction will be adopted and enforced by the District: Southwest Water and Sewer District, Phase III Restriction on Future Water Service to Protect Wetlands The District will not install a new water service or will not agree to otherwise provide water service to any structure, dwelling, building or other improvements, which is located in whole or in part within designated wetlands, and which is not already existing, established and c,......~leted on or before the final completion date and placement in operation of the proposed improvements. Designated wetlands for the District's service area are identified on National Wetlands Inventory Maps prepared by the U. S. Department of Interior, Fish and wildlife Service. The 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 prior consent of the Rural utility Service of the United States Department of Agriculture, and agency of the U. S. Government. Farmland Impact: The are no mitigation measures proposed for this project regarding farmland impact. The project consist of adequately designed water lines without excess capacity to provide basis for farmland conversion impact except in a designated growth corridor. v__...~_ _ "___~_~_~_"_.~. _ n_'_ __,,~____ 248 All applicable items set out in Form FmHA 442-13, . Processing Checklist, Public Body, apply ~o. th1S project and become a part of the Letter of Cond1t1ons. sincerely, . L}M, ~ E. McLamb evelopment Manager, REeDS . Enclosures Position 5 USDA-FmHA FORM APPROVED Form FmHA 1942-47 OMB. No. 0,7S-001S (Rev. 1-90) LOAN RESOLUTION (Public Bodies) A RESOLUTION OF THE Board of CornmisS1QD~r,1? OF THE Southwest Water and Sewer District - Harnett County, NC AUTIlORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A PORTION OF TIIE COST OF ACQUIRING. CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS Water System FACILITY TO SERVE AN AREA LA WFULL Y WfI1llN ITS JURISDICTION TO SERVE. WHEREAS, it is necessary for the Southwes t Water and $~wer District (public Body) (herein after called Association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amowlt of Eight Hundred Eighty Thousand (880.000.00) pursuantto the provisions of Loacl Goveinnlent Bond Act (GS 159-43 ET Sea. ) ; and . WHEREAS, the Association intends to obtain assistance from the Fanners Home Administration, United States Department of Agri- culture, (Herein called the Government) acting under the provisions of the Consolidated Fann and Rmal Development Act (7 U.S.C. 1921 et seq.) in the planning. fmancing, and supervision of such undertaking and the purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such bonds is found by the Association: NOW uu,REFORE. 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 containing such items and in such forms as are required by State statutes and as are agreeable and acceptable to the Government. 2. To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time it shall appear to the Government that the Association is able to refmance its bonds by obtaining a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time as required by section 333(c) of said Consolidated Fann and Rural Development Act (7 U.S.C. 1 983(c)). 3. To provide for, execute, and comply with Form FmHA 4004, "Assurance Agreement," and Form FmHA 400-1, "Equal Opportunity Agreement," including an "Equal Opportunity Clause," which clause is to be incorporated in, or attached as a rider to, each construction contract and subcontract involving in excess of $ 10,000. 4. To indemnify the Government for any payments made or losses suffered by the Government on behalf of the Association. Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legal per- missible source. 5. That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any cov- enant or agreement contained herein or in the instruments incident to making or insuring the loan, the Government at its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and pay- able, (b) for the account of the Association (payable from the source of funds pledged to pay the bonds or any other legally pennissible source), incur and pay reasonable expenses for repair, maintenance, and operation of the facility and such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession of the facility, repair, maintain, and operate or rent it. Default under the provisions of this resolution or any instnunent incident to the making or insuring of the loan may be construed by the Government to constitute default under any other instnunent held by the Government and executed or asswned by the Association, and default under any such instrument may be construed by the Government to constitute default hereunder. . 6. Not to sell, transfer, lease, or otherwise encwnber the facility or any portion thereof, or interest therein, or permit others to do so, without the prior written consent of the Government. 7. Not to deface the bonds, or to borrow money. enter into any contractor agreement, or otherwise incur any liabilities for any purpose in connection with the facility (exclusive ofnonnal maintenance) without the prior written consent of the Government if such undertaking would involve the source of funds pledged to pay the bonds. 8. To place the proceeds of the bonds on deposit in an account and in a manner approved by the Government. Funds may be deposited in institutions insured by the State or Federal Government or invested in readily marketable securities backed by the full faith and credit of the United States. Any income from these accounts will be considered as revenues of the system. 9. To comply \vith 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 accwnulated over and above that needed to pay ~t""'''"ting 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 facility financed by FmHA. No free service or use of the facility will be permitted. - --_..~ ~) r:1,q ~= l{ '~~ -2- II. To acquire and maintain such insurance and fidelity bond coverage as may be required by the Government, 12. To establish and maintain such books and records relating to the operation of the facility and its fmancial affairs and ~o 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 Govenunent 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 00" ~____ent may ascertain that the Association is complying with the provisions hereof and of the instnunents 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 a.t'I"~ /al 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..",....sions or improvements to the facility. Any time funds are disbursed from the reserve account, additional deposits will be required until the reserve account has reached the required funded level, 15. To provide adequate service to all persons within the service area who can feasibly and legally be served and to obtain FmHA's concurrence prior to refusing new or adequate services to such persons. Upon failure to provide services which are feasible and legal, such person shall have a direct right of action against the Association or public body. 16. To comply with the measures identified in the Government's environmental impact analysis for this facility for the pur- pose of avoiding or reducing the adverse environmental impacts of the facility's construction or operation. 17. To accept a grant in an amount not to exceed $ N / A under the tenns offered by the Government; that the Chairman and Clerk of the Association are hereby authorized and empowered to take all action necessary or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant; and to operate the facility under the terms offered in said .......: 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 as the bonds are held or insured by the Government or assignee. The provisions of sections 6 through 17 hereof may be provided for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling between the Association and the Govenunent or assignee The vote was: Yeas S- Navs 0 Absent () . IN WITNESS WHEREOF, the Board of Conmissioners of the Southwest Water and Sewer District . has duly adopted this resolution and caused it to be executed by the officers below in duplicate on this (o'\-L davof '" () I.o...e..l'\o(.. h 1'/1 ) I q 9s, (SEAL) By #H~ Attest: Title Chainnan 1/ K rL.-~ ' 1>. tdlt1.ALf' J( (},}7 d Title Clerk -3- CERTIFICATION TO BE EXECUTED AT LOAN CLQSI~ W ou est ater I. the undersigned, as Clerk . of the and Sewer District .herebY certifY that the Board of Commissioners of such Association is composed of S- members, of whom. 3 . constituting a quorum, were present at a meeting thereof duly called and held on the iDh. day of -ALt>\1 em h e~ , '915; and that the foregoing resolution was adopted at such meeting by The vote shown above, I further certifY That as of , the date of closing of the loan from the Fanners Home Administration, said resolution remains in effect and has not been rescinded or amended in any way. Dated, this day of , Title Clerk * U.S.GPO: 1990-0-717-014/22842 -p---'-- - --_.- -.- - --.--------. -_..---.---------,--~--~~-~------,-_.. ---_.~-- ----,~- ----- ---.-----, ?50 ------ I'OR~I APPROVED m.1B :-':0. 0575-0015 UNITED STATES DEPARTMENT OF AGRICULTURE FARMERS HOME ADMINISTRATION Fonn FmHA 1942-46 (Rev. 9-89) LETTER OF INTENT TO MEET CONDITIONS Date November 6, 1995 TO: Fanners Home Administration . United States Department of Agriculture 1027 HIGHWAY 70 W, SUITE 219 GARNER, NC 27529 (County Office Address) We have reviewed and understand the conditions set fourth in your letter daterl November 6, 1995 It is our intent to meet all of them not later than November 6, 1996 We are also requesting that we be given the interest rate in effect at the time of loan approval or at the time of loan closing, whichever is lower. In otherwords, we want the lowest interest rate possible SOUTHWEST WATER & SEWER DISTRICT OF HA. r/;Z:;::?z BY ~ -- A' '"' / ~~ H. L. Sorrell, Jr. Chal USDA-FmHA Posi lion 3 Schedule I Form FmHA 442-7 OPERATING BUDGET . (Rev. 8-12-76) Name Address SOUTHWEST WATER & SEWER DISTRICT OF HARNETT P. O. BOX 759, L1LLINGTON COUNTY Applicant Fiscal Year COlmty I State (Including ZIP Code) From JULY 1 To JUNE 30 HARNETT NC 27546 1996 First Full Year OPERATING INCOME (1) (2) (3) (4) (5) l. WATER SALES 604.000 735.287 2. TaD Fees 15.000 I 10.000 3. I 4. I 5. Miscellaneous I 6.Less: Allowances and ( )I( ) ( >I< ) I ( ) Deductions 7. Total Operating Income $619,000 $0 $0 $0 $745,287 (Add Lines I through 6) . OPERATING EXPENSES 8. SALS/BENESIWAGES 120.000 150.000 . 9. UTILITIES 25.000 I I I I 30,000 1O.BULK WATER 180,000 I I I 235,000 Il.MAINTENANCE 25,000 I I - 25,000 12.1NSURANCE 4,000 I I l 4,500 13.CONTRACT & PROFES 8,000 I I I 10,000 14.MSC 8,000 I I I 10,000 IS. Interest (FmHA) 178,189 I I I I 224,000 16. Depreciation 84.875 I I I 102,500 17. Total Operating Expense 633,064 o I 0 I o I 791,000 (Add Lines 8 through 16) 18. NET OPERATING INCOME ($14.064) $0 $0 $0 ($45,713) (LOSS) (Line 7 less 17) I I j I r'>, r- "'1 i~:,~_~: ~~) ...l\- NONOPERATING INCOME 19. 20. 21. Total Nonoperating Income 0 0 0 (Add 19 and 20) 0 0 22. NET INCOME (LOSS) $0 ($45,713) (Add Lines 18 and 21) ($14,064) $0 $0 (transfer to line A Schedule 2) . . Budget and Projected Cash Flow Approved by Governing Body . Attest: :/i3 I. f<laA~d 11- h -9!(, -r ~ Secretary Date r . ./: '-'L 11~t't1-9, /. v I' Y Appropriate Official Dale Schedule 2 PROJECTED CASH FLOW I I First 1996 Full Year A. Line 22 from Schedule 1 Income (loss) (14.064) 0 0 0 (45.713) Add B. Items in Ooerations not Reauirine- Cash: 1. Depreciation (line 16 Schedule 1) 84.875 102.500 2. Others: C. Cash Provided From: 1. Proceeds from FmHA loan/grant 880.000 2. Proceeds from others 2.000 3. Increase (Decrease) in Accounts Payable, Accruals and other Current Liabilities .. Decrease (Increase) in Accounts Receivable, Inventories and Other Current Assets (Exclude Cash) 5. Other: Sale of BAN 880.000 6. D. Total all A, B, and C Items 1.832.811 0 0 0 56.787 E. Less: Cash Exoended for; 1. All Construction, Equipment and New Capital Items (Loan and Grant funds) 880.000 2. Replacement and Additions to Existing Property, Plant and Equipment 15.000 10.000 3. Principal Payment FmHA Loan 32.500 - 40.218 4. Principal Payment Other Loans 5. Other: ReDav BAN 900,000 6. Total E 1 through 5 1.827.500 0 0 0 50.218 Add F. Beginning Cash Balances G. Ending Cash Balances (Total of D Minus E 6 Plus F) 5,311 0 0 0 6,569 Item G Cash Balances Comoosed of: Construction Account .evenue Account ebt Payment Account O&M Account 5.311 6.569 Reserve Account Funded Depreciation Account Others: Total - Agrees with Item G 5,311 0 0 0 6,569 I --.----- -----'"------~-_.--~ ~~--- - - --~---- ~~-----~- - 25? Position 3 USDA-FmHA FORM APPROVED Form FmHA 400-4 ASSURANCE AGREEMENT OMB. No. 0575-0018 (Rev. 10-94) (Under Title VI, Civil Rights Act of 1964) The SOU III WEST WATER & SEWER DISTRI;CT OF HARNETT CO (name of recipient) P. O. BOX 759. LILLlNGTON NC 27546 (address) . ("Recipient" 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 15, and Fanners Home Administration regulations promulgated thereunder, 7 C.F.R. ~ 1901.202. In accordance with that Act and the regulations referred to above, Recipient 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. ~ 14.2) no person in the United States shall, on the ground ofrace, color, or national origin, be excluded from participation in, be denied the benefits of, or be othemise subjected to discrimination. 1. Recipient agrees that any transfer of any aided facilitY, other than personal property, by sale, lease or other conveyance of 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 Fanners 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 facilities 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 Federal financial assistance, 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 p."......./. (c) As to any other aided facility or activity, until the last advance offunds 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 assistance 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. Rights and remedies provided for under this agreement shall be cumulative. In witness whereof,sOU I II WEST WATER & SEWF}R D~STRICT OF HARN on this (name of recipient) date has caused this agreement to be executed by its duly authorized officers and its seal affixed hereto, or, if a natural person, has hereunto executed this agreement. /"~~ /H. L. s6i rell, Jr. ~an Recipient (S E A L) November 6. 1995 !\CL~6' ,6. f{t'fLrLtJUll7 A 1 Date Attest: t.~ .r _, k. Title Title PuMe "portin~ bvrt/l'n lor tIJJs roIIedion 01 Jnlol77J4lion Js l'S/im,ll'II 10 IVl''''~l' /.f C1i.=vll'S per response. int'lvtlJng Illl' IJml' lor re,Jl'riog ios/met/oos. Sl'I~ng t'J7'slin~ tI,l, SDUJrt'$, g,lIJerin/ . ,otl mllbllioiog Ihe tlIII ol'l'tll't/. 11m! t'omp/l'liogl1..11 re,Jt>..JbgllJe t'O/Jeclioo 0/ inlommJoo. Senti t'omml'ols reprtfioglllJs lIurtft>o esl,inl1le or 11.~' olher I1spi!<"1 olll1ls t'O/li!<"{JtJII 01 iolol11lll/oo. int'liltIJol S1Jl.(l'sIJocs I<lr rMvt'Jog Mil' bvr.fen. I.' Pl'partmeot ol.l.fnt'ullure. ('Jeann::t' OI/iCer. Ol&v. ,Ie Dor ~P. hsJ;JIl.,IM. DC .iv.:~J.' O,7t1 10 Illl' omel' 01 -Vanl,f~nl anti Bv,qet. f'apf'lTrJrk liWudJon project. (tl-VD #0. 115?5-1J{l19) ,.slJioglon. DC .'t'MJ f'luSt' C{) .10-" h'nllhW tllJS lonn 10 dbf'r ollbeSt' atltlfPSSt's Ferr.nllo !}Pili oni.f. o u.s. GOVERNMENT PRINIlNG OFFICE: 1994 - 1-656-241 -------- 253 UNITED STATES DEPARTMENT OF AGRICULTURE OMB No. 0575-0018 Form FmHA 400-1 (Rev. 7-19-83) FARMERS HOME ADMINISTRATION EQUAL OPPORTUNITY AGREEMENT This agreement, dated November ft 1995 between - - . --' , SOL III ~EST WATER & SEWER DI~rmCT OF HARNETT C (herein called "Recipient" whether one or more) and the Farmers Home Administration, United States Department of Agriculture, pursuant to the rules and regulations of the Secretary of Labor (herein called the . Secretary') issued under the authority of Executive Order 11246, as amended. witnesseth: . In consideration of financial assistance (whether by a loan, grant, loan guaranty, or other form of financial assistance) made or to be made by the Farmers Home Administration to Recipient, Recipient hereby agrees. if the cash cost of construction work performed by Recipient or a construction contract financed with such financial assistance exceeds $IO,OOO--unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant 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 relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid for in whole or in part with aid of such financial assistance, the foHowing "Equal Opportunity Clause": During the performance of the contract, the contractor agrees as foHows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or transfer; recruitment or . ...... illtment 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 or on behalf of the contractor, state that all qualified applicants will........;..e consideration for employment without regard 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 Horne Administration, advising the said labor union or workers' representative of the contractor's commitments under this agreement as required pursuant to section 202(3)- of Executive Order 11246 of September 24, 1965. and shall post copies of the . notice in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and all rules. regulations and relevant orders of the Secretary of Labor and of any prior authority which remain in effect. (e) The contractor will furnish all information and reports required by Executive Order 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 Horne 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. (f) 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 of Federally Assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor or as provided by Law. (g) The contractor will include the provisions of this Equal Opportunity (Federally Assisted Construction) clause in every subcontract or purchase order. unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each such subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Farmers Horne Administration may direct as a means of enforcing such provisions, including sancVons for noncompliance: Provided, however, 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 Fanners Home Administration, the contractor may request the United States to enter into such litigation to protect the interest of the United States. 2. To be bound by the provisions of the Equal Opportunity Clause in construction work performed by Recipient and paid for in whole or in part with the aid of such financial assistance. . J. To notify all prospective contractors to file the required 'Compliance Statement', form FHA 400-6, with their bids. 4. Form AD-425, Instructions to Contractors, will accompany the notice of award of the contract. Bid conditions for all nonexempt Federal and Federally assisted construction contracts require inclusion of the appropriate "Hometown" or "Imposed" plan affirmative action and equal employment opportunity requirements. All bidders must comply with the bid conditions contained in the invitation to be considered responsible bidders and hence eligible for the award. 5. To assist and cooperate actively with the Farmers Home Administration and the Secretary in obtaining the compliance of contractors and subcontractors with the provisions of the Equal Opportunity Clause and the said rules, regulations, and orders, to obtain and furnish to the Farmers Home Administration and the Secretary, form AD-560, Certification of Nonsegregated Facilities, to submit the Monthly Employment Utilization Report, Form CC-257. as required and such other information as they may require the supervision of such compliance, and to otherwise assist the Farmers Home Administra- tion in the discharge of its primary responsibility for securing compliance. 6. To refrain from entering into any contract, or extension or other modification of a contract, subject to such Executive Order with a contractor debarred from 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. -- ----"-"'~~~-'- ---.~--- - -.~------ - -~, .--. ? 5 4. That if Recipient fails or refuses to comply with these undertakings, the Fanners Home Administration may take any or all of the following actions: (a) cancel, terminate, or suspend said financial assistance in whole or in part; (b) refrain from extending any further assistance under the program involved until satisfactory assurance of future compliance has been received from recipient; and (c) refer the case to the Office of Equal Opportunity, U.S. Department of Agriculture for appropriate action. Witness the due execution hereof by Recipient on this, the date first above written. SOU 111 wEST WATER & SEWER DISTRIC (CORPORATE SEAL) N_of 7;::; .' Attest: &-o.AdjuUC.~ BY~' _ .~L . !\{L.("J' if / H. L. Saffell, Jr. ~rman Secretary U;:'UA-rmttA FORM APPROVED FonnFmHA 1910-11 OMB. No. 0575-0127 (Rev. 9-89) APPLICANT CERTIFICATION FEDERAL COLLECTION POLICIES FOR CONSUMER OR COMMERCIAL DEBTS The Federal Government is authorized by law to take any or aU of the following actions in the event your loan payments become delinquent or you default on your loan: Report your name and accoWlt information to a credit reporting agency. Assess interest and penalty charges for the period of time that payment is not made. Assess charges to cover additional administrative costs incurred by the government to service your account. Offset amounts to be paid to you under other Federal Programs. Refer your account to a private collection agency to collect the amount due. Foreclosure on any seeurity you have given for the loan. . Pursue legal action to coUeet through the courts. Report any written off debt to the Internal Revenue Service as taxable income. If you are a current or retired Federal employee, take action to offset your salary, or civil service retirement benefits. Debar or suspend you from doing business with the Federal Government either as a participant or principal throughout the executive branch of the Federal Government for the period of debannent or suspension. Any or all oftbese actions may be used to recover any debts owed when it is deteImined to be in the interest of the Gov....~ent to do so. --,- CERTIFICATION: Uwe have read and lIwe understand the actions the Federal Government may take in the event that Uwe fail to meet my/our scheduled payments in accordance with the terms and conditions of my/our agreement. JJwe understand that the above list is not all inclusive and that the Federal Government may deem additional actions necessary to collect should Uwe become delinquent. (Signature -Indillidual(s)) (Date) (Signature-Indillidual(s))) (Date) ---------------------------------------------------------------------------------------------- SOUTHWEST WATER & SEWER . DISTRICT OF HARNETT COUNTY (SEAL) ~-~ ~ ~ / - ~ofAU~Officlal) H. L. Sorrell, Jr. Chainnan ATTEST: (fitle of Authorized Entity Official) K AA..X t. f.iCa..t1-dU1./1d P. O. BOX 759, LILLlNGTON . (Signature of Attesting Official)' (Address) Cl.t., l ~ t(u... .1 OMcl NC 27546 (fitle of Attesting Official) (City, State. and Zip Code) Public reporting burden for thia coUection of infonnation is estimated to average 1 hour per response. including the time for reviewing instructions, searching emting data sources. gathering and maintaining the data needed, and completing and reviewing the coUection of infonnation. Send comments regarding this burden estimate or any other aspect of thia coUection ofinfomwion, includingsusgestions for reducing the burden, to Department of Agriculture. Clearance Officer. OIRM. Room 404-W. Wuhington, DC 20250; and to the ----- r) r:: ~ f'Y')""'; .,= '<.:Ie: CERTIFICA TION FOR CONTRACTS, GRANTS AND LOANS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Wldersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with . awarding of any Federal contract, the making of any Federal grant or Federal loan, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant or loan. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant or loan, the Wldersigned shall complete and submit Standard Fonn - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award docwnents for all sub awards at all tiers (including - contracts, subcontractors, and sub grants under grants and loans) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this . certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. sou 1.tuVEST WATER & SEWER DISTRICT OF HARNETT COUN bY/t{6~ H. L. So rell, Jr. airman 1/- C6 -9,~ Date U.S. DEPARTMENT OF AGRICULTURE . Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. (BEFORE COMPLE.L,U"" CERTIFICATION, READ :INSTRUCTIONS ON REVERSE) (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: .-' ---.- 256 (a) are not presently debarred, suspended, proposed for debarment, declared ineligrble, or voluntarily excluded from covered transactions by any Federal department or agency: (b) have not within a three-year period pre--~.ng this p__r.sal been convicted of or had a cinl judgment rendered against them for.__,,,., lssion of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal. state or local) transaction or contract under a public transaction: nolation of Pederal or state antitrust statutes or cCllmD1ssion of ~,,:. ..zzl.." _..,t, theft, forgery, bribery, falsification or destruction of records, making false - statement., or receinng .tolen property; (c) are not presently indicted for or otherwise cr1.m1nally or c1vi.lly charged by a . governmental entity (Federal, state or local) with COIIIIII1..sion of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, state or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. SOUTHWEST WATER & SEWER DISTRICT OF HARNETT COUNTY Organization Name PR/Award N ,.,,:. _r or Project Name H. L. Sorrell. Jr. Chairman Name and Title of Authorized representative d ky; November 6. 1995 (/ I" Y Signature / Date INSTRUCTIONS FOR CERTIFICATION . 1. By signing and submitting this form, the prospective primary participant is providing the certification set out on the reverse side in accordance with these instructions. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out on this form. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into thi. transaction. However, failure of the prospective primary partlcipant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospect,ive primary participant learns that its certification was erroneous when submitted or bas become erroneous by reason of changed circumstances. 5. The terms "covered transaction," 11 deba.rred, 'I " suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Bxecutive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. . 6. The prospective primary participant agrees by submitting this form that, should the proposed covered transaction be entered into, it sball not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible. or voluntarily excluded from participation in this covered transaction, unJ.es. authorized by the department or agency entering into this transacUon. 7. The prospective pr1mary participant further a._~..s by submitting this form that it will include the clause titled "Certification Regarding Deba,.",... t. suspension. Ine1.1g1b11.1 ty and Voluntary Bxclus10n - Lower Tier Covered Transactions," provided by the depa,.~" _.Dt or agency entering into tbis covered transaction, witbout modification, in all lower tier covered transactions and in all so11citations for lower tier covered transactions. B. A participant in a covered transaction may rely upon a certification of a pros,pective participant in a lower t1er covered transact10n that it i. not debarred. suspended, ineligible, or voluntarily excluded from the covered transaction, unless 1t knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligrbi1ity of its principals. Bach participant may, but is not required to, check the Nonprocurement List. '" C" "7 L' ';') ... 51. Nothing conbained in the ~oregoing aball be consbrued to require establishment o~ a ~""="'" ~" -~ :r:::: o~ ~:C1:l'da l~a:dea: to rendeI' in good ~aith the cel'tinoation I'equired by this vlU.ch 18 ~ &I\ci 1~Ol:lD&bion o~ a PU~1C1ipant:; i8 not requ1red to .XC~ that dealings. noma Y po.....ed by a prud8nt: person in the ol:d1nary cOur.. o~ baain.a. 10. :=;~=i~ortt~ansactions authorized under paragraph 6 of these instructions, 1~ a transacb:n ~~ covered transaction knowingly enters into a lower bier covered ~ram part~~i;atio~ :r:~ W:o is suspended, debarred, ineligible, or voluntarily excluded Federal Gave s ransaction, in aclditJ.on to other.. _..._Jies available to the de~ault. rnment, the department or agency may teJ:m1nat. this transact,10n ~or cau.. or . TO: SOtITHWEST WATER AND SEWER DISTRICT DATE: November 06, 1995 : Identifying and Reporting FmHNRDA Assistance to FmHAlRDA Employees, Relatives, and Associates .'- - To assure the high standards of honesty, integrity, and impartiality maintained by FmHA/RDA employees, we need to identifY any FMHA/RDA assistance to be provided to FmHA/RDA employees, their relatives, or their business or close personal associates. This includes insured or guaranteed, loans or grants, to . individuals or organizations. If you know of any relationship or assocaition you may have with an FmHAlRDA employee, County Committee member, or closing agent, please notifY the local FmHA/RDA office processing your application. Your response will allow us to make special provisions for processing, but will not affect your application status. Thank you for your cooperation. - - - - - Mcffl~ Manager . , I nc____ _.__ ---~-. 258 Attachment 8. Memoran~,'~,~ .,f Understandinl This Memorandum of Understanding is between Western Medical Group and the County of Harnett. It specifies the terms and conditions for tbe Counties use of a room iD the facility known as the "old dental clinic" located behind the Medical Center in Anderson Creek, North CaroliDa. The County, as the agent for its Departments, shall have use of certain rooms iD the AndersoD . Creek Complex known as "the old dental buildiDg". The COUDty shall utilize this space as a "Community Outreach CeDter or Community Resource Center" for the citizens of Anderson Creek. In addition to Social Services, the space may be used by; Mental Health, Public Health, Employment Security CommissioD or other agencies as allowed by the County. Western Medical Group agrees to provide the room or rooms to the County at no cost for rent. The County will be responsible for a portion of the utilities based on the percentage of the total space used and may bill the various Departments for appropriate portions of the space they use. At no time will any bill be higher than the actual cost to the County or department. Western Medical Group is responsible for the structural maintenance of the building. Needs relating to the heat or air conditioning will be negotiated between the County and Western Medical Group, if needed. Small, incidental needs will be the responsibility of the County for the space utilized only. This includes such things as light bulbs, etc. The County will be responsible for installation and maintenance of telephone lines utilized by each Department with billiDg of such lines being the responsibility of the Department making use of said lines. Each Department will be responsible for the installation and maintenance of cable or twisted pair IiDes for data use. Each Department will be responsible for assisting with the cost of information concerning the site including the sign or signs or other informational, or out reach efforts to the community. Western Medical Group agrees to provide janitorial services, including trash pickup, to the facility. There may be a nominal cost to the County who, ill turn may pass this cost on to each agency for such sernce. The County agrees to make no structural changes to tbe room or facility witbout tbe express . written permission of the Western Medical Group. It is also understood tbat the WIC Program and Western Medical Group bas first priority wben scheduling space. The a~reement will remain in effect until terminated and may be altered or terminated on sixty (60) days written notification by eitber Western Medical Group or tbe County or, in the case of agency services, by a member agency with the Department wbo will coordinate agency services. ~;. c7:.&~ J ;f (J 1tf F.;/OO~d Date / /.- h - 9 j ,county Of Hamtt - // .' '.... Date This instrument bas been pre~udited in the manner required by the Local Government Budget and Fiscal Control Act. USE OF THE MEMORANDUM OF UNDERSTANDING Any agency wishing to schedule times in the facility will sign this document and copies will be provided to the agency, Department of Social Services, Western Medical Group and the County Manager. Any Government employee wishing to contact their office in Lillington or Dunn shaD have the opportunity to do so at any time the facility is open for business by any member agency. Office space, when . available will also be provided. . . . BUDGET AMENDMENTS THAT AFFECT FUND BALANCE ;l> rt ~~ ~ ("l ::T ~JY"' .l J!.MBER 30, 1995 ~ ::J rt \.0 - . .. . ........ .'..... ,.....', .'., .. . ." . ,. ..... . . ., '-,--.'" ,....... .. ,'-",' ",' ','..' .... -.- ,,'. ,'-".'. ""'::.,.'- ,......;, -.--"-','-:.:--.- -'-'., "-'--' '.'" '--. .-" .'., . ..............,.. 'p" AR.. ".TME..' ..... N" T."'.'" ,."....",..,.. ."0. .UNT.' ... ....,. ......"...... ... . ..... ......- -. ..... . . ..... . .....,.. . ",'" .-..... ,....., :'. .,:..<<:>:,:::>.I)E.,:.:..,..:... .:..'<<:'/: <:":.\i:> <<,AM... ,..,:.>. Revenues -7,669 To budget 1995/96 Enrichment Grant funds. The county was notified on 6/26/95 that these funds would be available. Parks & Recreation 1,450 To carry over purchase order no. 1853 from the previous fiscal year. .i Community Alternatives 630 To carry over purchase order no. 2543 from the previous fiscal year. I i Cooperative Extension 874 To budget an expenditure account to refund unspent grant funds. The Smart ,,! Start Program expended $11,703.84 of the $12,577.44 received. I Tax Department 1,350 To carry over purchase orders #2341,2460, and 2474 from the previous fiscal year. Emergency Services 180 To carry over purchase order #1713 from the previous fiscal year. Jail 280 To cover purchase orders from the previous fiscal year. Emergency Management 640 To carry over purchase order #2037 from the previous fiscal year. Sheriffs Department 40,673 To cover purchase orders from the previous fiscal year. Also, fund balance monies are needed to purchase computer equipment for the Imaging Project. The grant was approved by the BOe at the April 3, 1995 meeting. I MIS Department 3,270 To carry over purchase orders #2390 and 2473 from the previous fiscal year. Transportation Department 29,660 To carry over purchase order #1576 from the previous fiscal year. Also, I attributable to unanticipated radio repair expense. Sheriffs Department 7,200 To budget monies received from the insurance company for county vehicle reoairs. r,.." '\ ,~ V 01 F:\doc\teresa\quaterl\bafblst.96 1 (J;) r0 f"f) "^' 0 Govemin~ Body 2,055 End of the 1994/95 fiscal year adjusnnent for the nutrition pro~ram. Cooperative Extension 1,127 Attributable to promotion and salary increase for Robert A. Clark. Cooperative Extension 41,460 To transfer unspent ~rant and United Way monies. Cooperative Extension- 4,710 To budget the carryover of funds from the 1994/95 budget. These funds were Shawtown received as the Shawtown Block Grant. Cooperative Extension- 15,851 To budget the carryover of funds from the 1994/95 budget. These funds were Riverside recieved as the Riverside Block Grant. Cooperative Extension- 4,605 To budget the carryover of Americorps Project from the 1994/95 budget. Americorps - Cooperative Extension-CYF 14,618 To transfer the remaining grant funds from the 1994/95 budget to the 1995/96 operatin~ bud~et. Department on Aging 74 Balance from fiscal year 94/95 for money raised by Senior Citizens for special projects. Revenues -8,392 To budget funds received from the Department of Public Transportation (These grant funds are for salary & fringe benefit expenses for Ralph Thurman, Department 5551). The funds were received Julv 31. 1995. Social Services 9,947 To transfer unexpended donated and state allocated funds from the 1994/95 fiscal year into the 1995/96 bud~et. TOTAL $164,593.00 1..- F:_teresaIQua/erllbafb 1st. 96 2 . . ?C1 i--=..... ~. ,....'~ ..,.',._ Account :103990.0000 Description:FUND BALANCE-APPROPRIATED Type: R Budgeted : 1480235.00 MTD Exp fRev: 0.00 Encumbrances: 0.00 Budget Adj.: 191190.00 YTD ExpfRev: 0.00 Balance . 1671425.00 . DATE DESCRIPTION (Yearly) VENDOR# CHECK# P.O.NUMBER TRANS. AMOUNT 73195 BUDGET AMENDMENT 0 0 -7669.00 A 81195 AUGUST 3 BfA 0 0 1450.00 A 81195 AUGUST 3 BfA 0 0 630.00 A 81195 AUGUST 3 BfA 0 0 874.00 A 81195 AUGUST 3 BfA 0 0 1350.00 A 81195 AUGUST 3 BfA 0 0 180.00 A . 81195 AUGUST 3 BfA 0 0 640.00 A 81195 AUGUST 3 BfA 0 0 280.00 A 81195 AUGUST 3 BfA 0 0 40673.00 A 81195 AUGUST 3 BfA 0 0 3270.00 A 81195 AUGUST 3 BfA 0 0 29660.00 A 82395 BUDGET AMENDMENTS 0 0 7200.00 A 82395 BUDGET AMENDMENTS 0 0 2055.00 A 82395 BUDGET AMENDMENTS 0 0 1127.00 A 82395 BUDGET AMENDMENTS 0 0 41460.00 A 82395 BUDGET AMENDMENT 0 0 4710.00 A 82395 BUDGET AM~1'ILlMENT 0 0 15851.00 A 82395 BUDGET AMENDMENT 0 0 4605.00 A 82395 BUDGET AMENDMENT 0 0 14618.00 A 82395 BUDGET AMENDMENT 0 0 74.00 A 92095 BUDGET AMENDMENT 0 0 9947.00 A 92095 BUDGET AMENDMENT 0 0 -8392.00 A . . -- ~ .-- - -.~--, ------~-.---~..~-- -------_.------ --~-----~ -,-,- - ~---~ --- 26? Attachment 10. FROM: Christopher L. Carr, County Tax Attorney RE: MONTHLY REPORT TO COMMISSIONERS AND STATEMENT OF FEES AND CHARGES FOR THE MONTH OF October, 1995 l. Tax Suits Dismissed: I . NAME SUIT NO. *AMOUNT COL. . -<-*COURT ATTORNEY COSTS FEES 1 ~verasboro Townshio Jacobs, Sandra 95 CvD 0823 1,984.35 363.61 300.00 Murray I David No CvD 560.12 75.00 75.00 Barbecue Township Strickland, Robert D. No CvD 376.01 150.00 150.00 Blar.k River Townshin Howard, Graham, Jr. 89 cvD 1228 22,912.07 452.60 400.00 Duke Township Matthews, Donald No CvD 297.97 75.00 75.00 Grove Township Byrd, Willis No cvD 534.06 75.00 75.00 McNeill, Calvin A. No CvD 372.91 75.00 75.00 Johnsonville TownshiQ Bergman, Mary Hellen No CvD 478.92 75.00 75.00 McIntyre, James W. 95 cvD 0424 860.78 261.74 200.00 Lillinoton Townshig . McLean, Bernes 95 CvD 0344 4,757.69 577.94 500.00 (Raynor) , Christine No CvD 281.07 75.00 75.00 Stewart's Crepk Township Williams, Atlas No CvD 937.52 75.00 75.00 Williams, John No CvD 740.70 150.00 150.00 Subtotal S35.094.17 S2.480.89 ~.225.00 NOTE: ., Total collected includes taxes, interest and Court costs. ** Court costs includes attorney fees allowed by Court (where suit has been commenced) . 2. Advanced Costs: None 3. New suits started during the month of October, 1995: None 4. Other Services - Services rendered in connection with the collection of delinquent taxes; Willie Edward Brantley (95 cvD 0420) 175.00 TOTAL CHARGE FOR "OTHER SERVICES" $175.00 SUMMARY OF CHARGES & FEES I . Attorney's fees - Tax Suits $2,225.00 Other Services $l75.00 Advanced Costs soo.oo BALANCE 1 .s2... 400 . 00 {~p~.-!a~ Post Office Box 39 Lillington, NC 27546 Telephone: (910) 893-5191