HomeMy WebLinkAbout06041990
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HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JUNE 4, 1990
I The Harnett County Board of Commissioners met in regular session on Monday,
June 4, 1990, in the County Office Building, Lillington, North Carolina, with
the following members present: Rudy Collins, Bill Shaw, Mack Reid Hudson,
Mayo Smith, and Chairman Lloyd G. Stewart presiding. Others present were:
Dallas H. Pope, County Manager; W. Glenn Johnson, County Attorney; Vanessa W.
Young, Clerk to the Board; and Kay S. Blanchard, Recording Secretary.
CALL TO ORDER Chairman Stewart called the meeting to order at 9 a.m.
INVOCATION Commissioner Collins offered the invocation.
MINUTES APPROVED Commissioner Smith moved for the approval of the minutes of the regular
meeting, May 21, 1990. Commissioner Collins seconded the motion and it passed
with a unanimous vote.
MINUTES AMENDED Commissioner Hudson moved that the motion to approve the regular Board meeting
minutes for May 21, 1990, be amended to reflect a change of address of Mr.
Johnnie Chalmers, from Spring Lake to Cameron, as it relates to the minute
items involving public hearing concerning W.S. Wellons zoning district change
application. Commissioner Shaw seconded the motion and it passed with a
unanimous vote.
CERTIFICATE AWARDED Chairman Stewart presented an Award Certificate to Pat McDonald, Food Stamp
TO FOOD STAMP STAFF Supervisor and the Food Stamp Program Staff for having a .28% error rate in
the Food Stamp Program in Harnett County. Harnett County's Food Stamp Program
error rate is the third best among the 30 largest counties in North Carolina.
CENTRAL CAROLINA W. Glenn Johnson, County Attorney, briefed the Board on request from the
TIRE DISPOSAL - Carolina Lakes Property Owners Association and several other property owners
CAROLINA LAKES RESI- in the Barbecue Township to have a rehearing before the Board of Adjustments
DENTS REQUEST FOR and the Board of Commissioners concerning the issuance of a conditional use
I REHEARING permit to Central Carolina Tire Disposal for a tire monofill. Mr. Johnson
stated that the correct procedure would be for the matter to be presented to
the Board of Adjustments first, but due to there being a number of residents
(approximately 100) and their attorney present, requested that their attorney
be granted permission to give a brief presentation to the Board.
Mr. Stephen Brown, Attorney, briefed the Board that it was his belief that
mistakes were made in the process of issuance of the conditional use permit
for Central Carolina Tire Disposal for a tire monofill, possibly by the owner,
and asked that the citizens be given the opportunity to be heard concerning
the matter. The Board took no action, and advised Mr. Brown to contact the
Board of Adjustments.
PUBLIC HEARING ON Chairman Stewart called to order a public hearing on Angier's request to
ANGIER - BLACK RIVER become a part of Black River Fire District. W. Glenn Johnson, County
FIRE DISTRICT Attorney, briefed the group that the purpose of the public hearing was to
obtain public comments concerning the request.
Chairman Stewart opened the meeting for public comments. The following
citizens provided comments:
l. Ray Pleasant, Town of Angier Attorney - for
2. Spencer Teffeteller, Black River Fire Chief - for
Chairman Stewart closed the public hearing concerning request from Angier to
become part of Black River Fire District.
RESOLUTION FROM W. Glenn Johnson, County Attorney, presented for the Board's information, a
TOWN OF ANGIER resolution adopted by the Town of Angier Board of Commissioners on May 1,
RE: FIRE DISTRICT 1990, concerning fire protection for the Town of Angier. The resolution is
I copied in full at the end of these minutes dated June 4, 1990, as document no.
l.
CONSIDERATION OF W. Glenn Johnson, County Attorney, presented for the Board's consideration a
RESOLUTION RE: resolution concerning the Town of Angier's request to become part of the Black
BLACK RIVER FIRE River Fire District. Commissioner Smith moved for the adoption of the
DISTRICT resolution. Commissioner Collins seconded the motion and it passed with a
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unanimous vote. The resolution is copied in full at the end of these minutes
dated June 4, 1990, as document no. 2.
RESO LOTI ON RE: W. Glenn Johnson, County Attorney, presented for the Board's consideration a
TRANSFER OF PROPERTY Resolution Authorizing Transfer of Property to Southwest Water and Sewer
SOUTHWEST W & S District. Commissioner Shaw moved for the adoption of the resolution.
Commissioner Hudson seconded the motion and it passed with a unanimous vote.
The resolution is copied in full at the end of these minutes dated June 4,
1990, as document no. 3.
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PETITION FROM RESIDENTS Dallas H. Pope, County Manager, presented to the Board a petition from
IN NORTHWEST AREA IN property owners in the Northwest area of Harnett County in support of a
SUPPORT OF PROPOSED proposed special service district for fire protection. The petition contains
FIRE DISTRICT 400 plus signatures.
RESOLUTION RE: Carla Stephens, Planning Director, presented for consideration a resolution
BUILDING INSPECTIONS - concerning building inspections for the extra-territorial jurisdiction of
BROADWAY EJT Broadway. Commissioner Hudson moved for the adoption of the resolution. I
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
The resolution is copied in full at the end of these minutes dated June 4,
1990, as document no. 4.
SUBDIVISION PLAT Carla Stephens, Planning Director, presented for consideration a subdivision
. - FOREST RIDGE SUBDIVISION plat for Forest Ridge Subdivision, 25 lots owned by Odell smith and located in
Anderson Creek Township on Hwy. 27, RA-30 Zoning District. Commissioner Shaw
moved for the approval of the subdivision plat. Commissioner Collins seconded
the motion and it passed with a unanimous vote.
BUDOET AMENDMENTS Carla Stephens, Planning Director, requested the following budget amendment
for the Planning Department:
Code 10-7200-003 Salaries & Wages, part-time 252. increase
10-7200-005 F.I.C.A Tax Expense 20. increase
Revenue: 10-3990-000 Fund Balance Appropriated 272. increase
Commissioner Collins moved for the approval of the budget amendment.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
Carla Stephens, Planning Director, requested the following budget amendment
for the Inspections Department:
Code 10-5600-014 Travel & Meetings 1,000. increase
Revenue: 10-3990-000 Fund Balance Appropriated 1,000. increase
Commissioner Collins moved for the approval of the budget amendment.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
Rodney M. Tart, Public Utilities Director, requested the following budget
amendment for Public Utilities (South Central Enterprise): I
Code 30-9300-002 Salaries & Wages 1,200. increase
30-9300-005 FICA Tax Expense 92. increase
30-9300-006 Group Insurance Expense 150. increase
30-9300-007 Retirement Expense 72. increase
30-9300-004 Professional Fees 1,514. decrease
Commissioner Shaw moved for the approval of the budget amendment.
Commissioner Smith seconded the motion and it passed with a unanimous vote.
Rodney M. Tart, Public Utilities Director, requested the following budget
amendment for Public Utilities (Water):
Code 30-9100-004 Professional Services 4,000. increase
30-9100-120 Capital Reserve 4,000. decrease
Commissioner Shaw moved for the approval of the budget amendment.
Commissioner Hudson seconded the motion and it passed with a unanimous vote.
Rodney M. Tart, Public Utilities Director, requested the following budget
amendment for Public Utilities (SCADA):
Code 60-9017-020 Legal & Administration 3,000. increase
60-9017-080 Contingency 3,000. decrease
Commissioner Collins moved for the approval of the budget amendment.
Commissioner Smith seconded the motion and it passed with a unanimous vote.
Larry C. Knott, Chief Deputy, Sheriff's Department, requested the following
budget amendment for the Jail:
Code 10-5120-046 Medical Supplies & Drugs 6,000. increase I
Revenue: 10-3990-000 Fund Balance 6,000. increase
Commissioner Collins moved for the approval of the budget amendment.
commissioner Shaw seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Governing Body:
Code 10-4100-135 Other Appropriations 12,784. increase
Revenue: 10-3990-000 Fund Balance Appropriated 12,784. increase
Commissioner Hudson moved for the approval of the budget amendment.
Commissioner Smith seconded the motion and it passed with a unanimous vote.
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REPORTS Reports for the month of May were filed with the Board from the following
departments: Building Inspections, Emergency Medical Services, Veterans
Service, Sheriff's Department, and the Tax Department. The Tax Attorney's
report was also filed with the Board and is copied in full at the end of these
minutes dated June 4, 1990, as document no. 5.
I TAX REFUNDS Bobby Wicker, Tax Administrator, requested the following Tax Refunds:
1. Dunn Housing Associates, P. O. Box 3054, Greensboro, NC $8,870.62
2. Michael & Tammy Surles, Rt. 6, Box 45-3, Fuquay-Varina 69.89
3. Beulah B. Erinis, Rt. 3, Box 510, Dunn, NC 7.85
Commissioner Smith moved for the approval of the Tax Refunds. The motion
received no second.
BUDGET MESSAGE Dallas H. Pope, Budget Officer, presented the Harnett County F.Y. 1990-91
F.Y. 1990 - 91 Budget Message to the Board. Mr. Pope explained in detail a summary of the
proposed budget and stated that the Board would not consider the adoption of
the budget at this time. He explained that the General Statutes require that
the budget, after its presentation, is to lay open for public inspection in
the Office of the Clerk to the Board for ten days; after which, a public
hearing will be held on the proposed budget. After the public hearing, the
Budget Ordinance will be presented to the Board for consideration. The
Harnett County F.Y. 1990-91 Budget Message is copied in full a the end of
these minutes dated June 4, 1990, as document no. 6.
NORTHWEST W & S Chairman Stewart called to order a special meeting of the Harnett County Board
DISTRICT SPECIAL of Commissioners sitting as the governing body of the Northwest Water and
MEETING Sewer District.
John M. Phelps, Public utilities Attorney, presented for consideration a
RESOLUTION & RELATED resolution and related documentation provided by the Farmers Home
DOCUMENTS FOR Administration. Commissioner Smith moved for the adoption of the resolution.
CONSIDERATION FROM Commissioner Hudson seconded the motion and it passed with a unanimous vote.
FmHA The resolution and related documents are copied in full at the end of these
minutes dated June 4, 1990, as document no. 7.
I CONSIDERATION OF John M. Phelps, Public Utilities Attorney, presented for consideration a
RESOLUTION RECINDING resolution rescinding Board action of March 15, 1988. Commissioner Collins
ACTION moved for the adoption of the resolution. Commissioner Smith seconded the
motion and it passed with a unanimous vote. The resolution is copied in full
at the end of these minutes as document no. 8.
ADJOURNED NORTHWEST There being no further business, the special meeting of the Harnett County
SPECIAL MEETING Board of Commissioners sitting as the governing body of Northwest Water and
Sewer District duly adjourned.
EAST CENTRAL W & S Chairman Stewart called to order a special meeting of the Harnett County Board
DISTRICT SPECIAL of Commissioners sitting as the governing body of the East Central Water and
MEETING Sewer District.
The Clerk of the Board of Commissioners and of East
Central Water and Sewer District of Harnett County placed before
the Board of Commissioners a Certificate of Canvass of the
Harnett County Board of Elections certifying to the Board of
Commissioners, sitting as the governing body of the District, the
results of the Special Election held for East Central Water and
Sewer District of Harnett County on May 8, 1990. The Certificate
was read and considered.
Commissioner Hudson moved the adoption of the following
I resolution:
WHEREAS, the Board of Commissioners, sitting as the
governing body of East Central Water and Sewer District of
Harnett County, has considered the Certificate of Canvass of the
Harnett County Board of Elections canvassing the referendum held
for East Central Water and Sewer District of Harnett County on
May 8, 1990 and certifying the result thereof to the Board of
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commissioners, sitting as the governing body of the District, and
has canvassed the result of said Special Election: NOW,
THEREFORE,
BE IT RESOLVED by the Board of Commissioners of the
county of Harnett, sitting as the governing body of East Central I
Water and Sewer District of Harnett County, that it be and hereby
is certified and declared that the number of voters registered
and qualified to vote at said special Election was 3,200.
FURTHER RESOLVED, that it be and hereby is certified and
. .
declared that the total number of voters who voted .YES. in
answer to the question,
.SHALL the order authorizing $6,500,000 of bonds secured
by a pledge of the faith and credit of the East Central
Water and Sewer District of Harnett county to pay capital
costs of providing water facilities within and without
the corporate limits of the District, including
acquisition and construction of storage tanks, pumping
stations and distribution lines, and including the
acquisition and installation of necessary machinery and
equipment and the acquisition of land or rights-in-land
required therefor, and a tax to be levied for the payment
thereof, be approved?,
was 638. The total number of voters who voted .NO. in answer to
such question was 491.
FURTHER RESOLVED, that a statement substantially in the I
form hereinafter set forth declarinq the result of said election
shall be prepared, delivered to the Clerk of the Board of
commissioners and of the District for filing and recordation and
published in accordance with law:
STATEMENT OF RESULT OF SPECIAL ELECTION
HELD FOR THE EAST CENTRAL WATER AND S~,t~&('
DISTRICT OF HARh~...... COUNTY
May 8, 1990
\,ft~AEAS, by direction of the Board of Commissioners of
the county of Harnett, sittinq as the governinq body of East
Central Water and Sewer District of Harnett County, in the State
of North Carolina, a special election was duly called and held
for said District on May 8, 1990 for the purpose of submitting to
the qualified voters of said District the question hereinafter
set forth, and the Board of Commissioners, sitting as the I
qoverning body of the District, has received from the Harnett
County Board of Elections a certification of the results of the
election, and has determined the result of said election to be as
hereinafter stated: NOW, THEREFORE,
The Board of Commissioners of the county of Harnett,
sittinq as the governing body of East Central Water and Sewer
District of Harnett County hereby makes the following statement
of the result of said election pursuant to The Local Government
Bond Act:
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(1) The number of voters registered and qualified to
vote at said election was 3,200.
(2) The total number of voters who voted .YES. in answer
I to the question,
.SHALL the order authorizing $6,500,000 of bonds secured
by a pledge of the faith and credit of the East central
Water and Sewer District of Harnett county to pay capital
costs of providing water facilities within and without
the corporate limits of the District, including
acquisition and construction of storage tanks, pumping
stations and distribution lines, and including the
acquisition and installation of necessary machinery and
equipment and the acquisition of land or rights-in-Iand
required therefor, and a tax to be levied for the payment
thereof, be approved?,
was 638. The total number of voters who voted .NO. in answer to
such question was 491. The question in the form submitted was
approved by the affirmative vote of a majority of those who voted
thereon at said election.
Any action or proceeding challenging the regularity or
validity of this bond referendum must be begun within 30 days
after .
I (date of publication)
Board of Commissioners of the
county of Harnett, sitting as the
governing body of East Central Water
and sewer District of Harnett County,
North carolina
Commissioner Shaw seconded the motion, and the motion was
adopted by the following vote:
AYES: 5
NAYS: 0
EAST CENTRAL MEETING There being no further business, the special meeting of the Harnett County
ADJOURNED Board of Commissioners sitting as the governing body of East Central Water and
Sewer District duly adjourned.
SOUTHWEST W & S Chairman stewart called to order a special meeting of the Harnett County Board
DISTRICT MEETING of Commissioners sitting as the governing body of the Southwest Water and
Sewer District.
RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented for consideration a
WATER PURCHASE Resolution Authorizing Execution of Water Purchase Contract with the Northeast
CONTRACT Metropolitan Water District of Harnett County and Harnett County associated
with the Southwest Water and Sewer District Project. Commissioner Shaw moved
for the adoption of the resolution. Commissioner Hudson seconded the motion
and it passed with a unanimous vote. The resolution is copied in full at the
end of these minutes dated June 4, 1990, as document no. 9.
I RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented for consideration a
MANAGEMENT CONTRACT Resolution Authorizing Execution of Management Contract with Harnett County
associated with the Southwest Water And Sewer District Project. Commissioner
Collins moved for the adoption of the resolution. Commissioner
Shaw seconded the motion and it passed with a unanimous vote. The resolution
is copied in full at the end of these minutes dated June 4, 1990, as document
no. 10.
RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented for consideration a
APPROVING PLANS FOR Resolution Approving Plans for Construction of Water Distribution System
CONTRUCTION associated with the Southwest Water and Sewer District Project. Commissioner
Shaw moved for the adoption of the resolution. Commissioner Collins seconded
the motion and it passed with a unanimous vote. The resolution is copied in
full at the end of these minutes dated June 4, 1990, as document no. 11.
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ADJOURNED SOUTHWEST There being no further business, the special meeting of the Harnett County
W & S DISTRICT MEETING Board of Commissioners sitting as the governing body of the Southwest Water
and Sewer District, duly adjourned.
EXECUTIVE SESSION Commissioner Hudson made a motion that the Board go into executive session.
Commissioner Shaw seconded the motion and it passed with a unanimous vote. I
Commissioner Hudson made a motion that the Board come out of executive
session. Commissioner Shaw seconded the motion and it passed with a unanimous
vote.
MEETING RECESSED Chairman stewart recessed the meeting at 12 noon.
O'
Chairman Stewart reconvened the meeting at 1:00 p.m. and called to order a
, PUBLIC HEARING ON public hearing on the F.Y. 1990-91 Secondary Roads Improvement Program for
S.R. IMPROVEMENT PROG. Harnett County.
F.Y. 1990-91
Mr. B. B. Isom, District Engineer, North Carolina Department of
Transportation, presented and discussed the proposed F.Y. 1990-91 Secondary
Roads Improvement Program for Harnett County.
Chairman Stewart opened the public hearing for public comments. The following
PUBLIC COMMENTS citizens provided general comments concerning the proposed program:
1. Robert Hill, P. O. Box 106-1, Dunn - SR 1809
2. Christine Creech, Rt. 1, Box 325 Benson - SR 1562
Chairman Stewart closed the public hearing concerning the proposed F.Y.
1990-91 Secondary Roads Program for Harnett County.
APPROVAL OF S.R. Commissioner Shaw moved for the approval of the Secondary Roads Program as
IMPROVEMENT PROGRAM presented by Mr. Isom. Commissioner Smith seconded the motion and it passed
with a unanimous vote.
. EXECUTIVE SESSION Commissioner Hudson made a motion that the Board go into executive session.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
Commissioner Shaw was excused from the meeting due to other obligations. I
Commissioner Collins made a motion that the Board come out of executive
session. Commissioner Hudson seconded the motion and it passed with a
unanimous vote.
TAX ~~PPING CONTRACT Commissioner Hudson moved that the County of Harnett terminate its agreement
TERMINATED dated November 1, 1988, with Ragsdale Consultants, P.A. relating to the
providing of professional services in connection with a mapping project
involving digital cadastral maps, effective June 20, 1990, as provided in
Section VII A. of such agreement, as amended, for cause. Commissioner Collins
seconded the motion and it passed with a unanimous vote.
JULY MID-MONTH MEETING Commissioner Collins moved that the regular mid-month meeting scheduled for
RESCHEDULED July 16, 1990, be cancelled due to the Annual NACo Conference and that the
meeting be rescheduled for July 23, 1990. Commissioner Smith seconded the
motion and it passed with a unanimous vote.
TAX REFUNDS Bobby Wicker, Tax Administrator, requested the following tax refunds:
1. Dunn Housing Associates, P. O. Box 3054, Greensboro, NC $8,870.62
2. Michael & Tammy Surles, Rt. 6, Box 45-3, Fuquay-Varina 69.89
3. Beulah B. Ennis, Rt. 3, Box 510, Dunn 7.85
Commissioner Collins moved for the approval of the tax refunds. Commissioner
Hudson seconded the motion and it passed with a unanimous vote.
ADJOURNMENT There being no further business, the regular meeting of the Harnett County
Board of Commissioners, June 4, 1990, duly adjourned at 3:30 p.m.
~b~ ~/ I
L1'ydpG. Stewart, Chairman
K,/ t. &(OoAtI'AaAd
Kay . Blanchard, Recording Secretary
'~~~M' 'tJ ~~'A-O
Vanessa W. Young, Clerk to t e Bo~d
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DOCUMENT NO. 1.
DlfAnLD'l'IDII OP '1'111!: 'l'OIIII OP aCID.
I WHEREAS, ~e Town of Angier (bereinafter so.etiaes called
"Town") ball for uny years operated, as one of its service. of
general qovernaent, a volunteer fire depart:aent, and
tftIERBAS, pursuant to contract ~e Town of Angier entered into
a joint venture for fire ~otec:tion service. for the Town of
Angier, said joint venture being entered into wi th ~e Black River
Rural Fire Depar1:1l8nt, Inc. (bereinafter SGMti... called "Black
River") which is a nonprofit w.._...ration oJ:9anized and existing
under and by authority with the state of North carolina, for the
purpose of delivering fire protection services to the resident. of
the Black River Rural Fire District (bereinafter s01l8ti..s called
"District") by way of a contr.ct with the Bamett county Board of
ccmai.sioners as .uthorized pursuant to Ch.pter 69, Article 3A of
~e General statut.. of IIorth carolina, and
WHERBAS, pursuant to and in .ccordance with the agree.ents
existing between the Town and "Black River" , the 'l'own bas
participated by furnishi~ funds for the operation of said joint
voluntary effort to del ver fire protection service. to the
residents of both the Town and the District, and
WHEREAS, in accordance with joint venture arranguent and
pursuant to a contract and aqr....nt entered into .s of AUCJUst 1,
1972 and ...nded on the 6th dey of Septeaber, 1973, the Town of
Angier bas a property riCJht in and to the fire building located on
Broad street in the Town of Anqier, North Carolina and pursuant to
a new contract with the Bl.ck River Rural Fire Depart:aent, Inc. the
Town and "Black River" bave agreed that the fire building located
on Broad street in the Town of Anqier and the property on which it
is situated shall be transferred to the Town of Anqier in the event
that "Black River" ceaaes to exist or IlOve. it_in point of
operation fro. said fire departaent building; and
WHEREAS, througb the years of the operation of said joint
venture, certain differenc.. of opinion. have arisen as to ~e level
of fundillCJ needed frOll the joint venture and it is now in the
I interest of all concemed that the fire protection services should
be afforded the citizena of both ~e Town and District througb the
efforts of the goveming body of one oJ:9anization, and
WHERBAS, that the Town of Anyier is surrounded by the
boundari.. of ~. Black River Rural F re District, and
WHEREAS, as a ruul t of tl)e discussions between the goveming
bodies of the Town and Black River, the Town Board of Co_issioners
are of the opinion that it is in ~e best interest of the citizens
of the Town, that the geographic are. of the Town should beco.e a
part of the District and receive fire protection services as a
1I811ber of tbe District.
NOW, ~~&' ..d, BB IT RESOLVED AS FOLLOWS:
FIRST: Tbat pursuant to the authority in HCGS 69-25.11(5) the
Town Board of co_i.sioners doe. hereby declare its agree.ent that
the gSOCJraphic territory within the co.........at. li.it. of the Town
of Angier should beco.. a part of and be included within the
boundari.. of the Black River Rural Fire District;
SB........J: That the Board of co_i..ioners of the Town of Angier
does hereby requ.st that the Hamett County Board of Co_issioners
con.ider the adoption of a resolution to change the boundaries of
the Black River Rural Pire District by increasing the .... to
include the territorial area within the corporate li.its of the
Town of Angier:
THIRD: That upon the passage of a resolution by the Harnett
County Board of co..tssionera agreeing to the aforesaid requ.sted
action, the Board of co_issioners of th. Town of Angier do hereby
authori.e the execution of all other docWlen~s . neces.ary to
accoaplish the inclusion of the territorial area within the
corporate li.its of the Town of Angier and into the Black River
Rural Fire Di.trict and that further the Board do.s by these
pre.ent. .uthori.e the officials of the Town of Angier to transfer
I the title to and d.liver .11 equipa.nt by the Town of Angi.r for
fire protection purpo.e. to includ. all hos.s, fir_an'. suit.,
fire depar1:aent radio., the Town's fire truck together with all
appurt.nant equipaent and .11 other fir. protection equipaent
locat.d in the fir. departa.nt building and owned by the Town of
Angier unto the Black Riv.r Rural 'ire Depar1:llent, Inc. and Black
River Rur.l .Fir. Departaent, Inc. has by contract agr.ed that in
the .v.nt that the Black Riv.r Rural Fire Departa.nt, Inc. cea.e.
to exist or IlOV.. it. _in point of operation frOll the fire
departaent building loc.ted on Broad street in Angi.r, Horth
CarOlina, ~e Black River Rural Fir. Departllent, Inc. or it.
.ucce.sor 1n title ahall tranaf.r .ald building and re.l property
to the Town of Angi.r.
FOURTH: That the official. of the Town of Angier are hereby
authorized to do and perf ora all acta n.c....ry to carry out the
int.nt of this resolution.
334
"
Duly adopted this the 1st day of May, 1990 in reCJUlar meeting I
duly ass8Jllbled, upon the following vote, to vit:
-1- Ayes 0 Nayes.
'. . TOWN BOARD OF COMMISSIONERS
BY: s/Jack Marley
JACK 1fARLBY, Mayor
ATTEST:
s/Jean Matthews
JEAN MAAAAAdS, Town Clerk
DOCUMENT NO.2.
ImSOLU'l'IOIf OF '1'HE COUlft'Y OP HARKE'l"r
'1'IIA" 1lIIBIIIWl. the ciU..... of l:be """" of Angier _ l:be Black I
River Rural Fire district have for several years received fire
protection servic.. froll a volunteer fire departaent. under an
arrangeaent which has been jointly funded fra general . fund
revenues provided by the Town ot Angier and revenues provided by
the Black River Fire Districia and
WIIERBAS, the governing bodies ot the Town of Angier and the
Black River Rural Fire Departaent, Inc. believe it is in the best
interest ot the citizens of the Town and the District that the
territory vithin the Town of Angier c....r..,rate liuts become a part
of the Black River Rural Pire District and that the citizens of the
Town receive fire protection services as a Jl8llber of the District,
._ and
"w:odAS, the boundaries of the Black River Rural Fire District
cOllpletely s'-....,.IIId the boundaries of the Town of Angier and that
territory wi thin the Town l1a1 ts of Angier are not wi thin any other
fire protection district, and
llA4:M'.EAS, that pursuant to authority set forth in North
Carolina General statute 69-25.11 (5) the governing body of the Town
of Angier and the Harnett county Board of ccmaissioners ..y cause
a change in the boundaries to include the adjoining territory lying
wi thin the corporate 11111 ts of the Town of Angier by adopting
resolutions agreeing to such inclusion, and
WHEREAS, the Town of Angier Board of cOllJllissioners meeting on
the ~ day of May, 1990, did pass a resolution agreeing to the
inclUiIon of the territory of the Town of Ang!er into the Black
River Rural Fire District and that further in said resolution, the
governing body of the Town of Angier did request the Harnett County
Board of COIIIdssioners to consider the passage of a resolution
agreeing to such inClusion of the territory of the Town of Angier
into the Black River Rural Pire District: and I
WHEREAS, the Town of Angier Governing Board did further in
said resolution provide that upon the passage of such resolution
by the Harnett county Board of coaiasioners, the Town officials
vere authorized to transter all the Town's interest in all
equipaent owned by the Town and located within the fire departaent
building and used for fire protection purposes to include all
hoses, fireman's suits, tire departMnt radios, and the Town's 1914
fire truck together with all appurtenant equipaent to the Black
River Rural Fire Departaent, Inc., and
WHEREAS, the Black River Rural Pire Departllent, Inc. has
contracted with the Town of Angier to transfer all interests in the
fire departaent building on Broad street, Angier, North carolina
335
I
along with the property upon which it is .ituated to the Town of
Angi.r in the .v.nt that the Black Riv.r Rur.l Fire Depart..nt,
Inc. c..... to exiat or aov.. its ..in point of operation.
I WDlIU, it i. 11&48 to .ppear to the Harnett county Bo.rd of
coai..ionen that th. volunaen at the An9i.r-Bl.ck Riv.r Fir.e
Departaen1:, Inc. .nd th. otticial. at the AncJi.r-Black River Fire
Depa~t, Inc. are in .~nt with the r'ur".ee! action of
cban9illCJ - the boundari.. at the Blaak River Rural 'ire Di.trict by
includillCJ the Town of AlMJi.r.
ROW, ,...:,,~.,I.D'ORB, BB IT llBSOLVBD AS l'OLLOWS:
FIRS'1': 'l'bat pur.uant to the authority in R.C.G.S. 69-
25.11 (5) the Bamftt c:ounq Board at CODi..ioner. dou h.reby
declare lts aCJr.-nt that the terrltory within the c........r.t.
lWts at the Town at Anll.. beo~ . part at and be included
within the boundari_ of the Black River Rural 'ire Di.trict:,
I
SBCOIID: That the otflclal. of the county of Harn.tt be and
th.y are hereby au1:horl.ed to ca.. 'the neceaaary .dJd.nl.t.rati v.
acts to be cc.pleted to pxoperly inclu4e all the proper1:i_ li.tee!
for taxes vi'th1a 'the terrltozy ot the Town of AncJl.r, for the tax
levy to be __ tor the tll1Ga1 year be91nnill9 July 1, 1"0, to
rai.. sufficient funda to operate the ~ir. di.trict: a. propo.ed by
the offioial. of the fire diatrict:,
THIRD : '1'h8t the Board of co..i..ioner. for 'the county of
Hamett 40 h.reby direct ita offici.l. to do and perton all
neee..ary acts and thinqs to app........i.t.ly and n.ce..arily carry
out the intent of 'this re.olution.
Duly adopt.d 'th1. the ~ day of .\11DI" , 1990 in
r8C)\1lar MetillC) duly ....-b;L , upon the follow1nq vote, to wit:
5 Ay.. 0 Nay... .
HARlfB'l"l',,-.. ......1 BOARP or COIOIISSIONBRS
By:~_)J~
Lr,QYD p. STEWART, CHAIRKAR
I -;2;.:. "J ~~'
SA W. YOUNG, !
DOCUMENT NO.3.
NORTH CAROLINA
RESOLUTION AUTHORIZING
HARNETT COUNTY TRANSFER OF PROPERTY
THAT WHEREAS, the Harnett County Board of Education desires
to transfer to the Southwest Water and Sewer District of Harnett
County a parcel of real estate as described on the proposed deed,
copy of which is attached hereto and incorporated herein by
reference as Exhibit A; and
WHEREAS, the laws of the State of North Carolina require that
the County of Harnett be given the opportunity to acquire any real
property which the Harnett County Board of Education desires to
convey; and
WHEREAS, the Harnett County Board of Commissioners has
reviewed the proposed transfer of the subject parcel of real estate
and has d.termined that said transfer would be to the Southwest
Water and Sewer District of Harnett County, an entity organized and
existing pursuant to Article 6, Chapter 162A of the North Carolina
General Statutes; and
I WHEREAS, said entity provides water and sewer services to a
portion of Harnett County and transfer of Baid property as proposed
by the Harnett County Board or Education to the Southwest Water and
Sewer District of Harnett County would promote the best interest
of the citizens of Harnett County; and
WHEREAS, the Harnett County Board of Commissioners has
determined that the subject property is not of value to the County
of Harnett for any public purpose and that said County should not
exercise the right to acquire 8uch property as provided for in G.S.
S115C-518 :
ROW, THEREFORl, BE IT RESOLVED by the Harnett County Board of
Commissioners that the right of the County of Harnett to acquire
the above referenced property in the manner prescribed by the
General Statutes of North Carolina shall not be exercised, and that
such property shall be and Salle is hereby released from such right.
This 4th day of June, 1990.
HARNETT COUNTY OF BOARD OF COMMISSIONERS
~
336
EXHIBIT A
Prepared By: John M. Phelps, II, WOODALL, FlLIIIT , PULPS, P.A.,
Post Office Box 3', Llllinqton, Horth Carolina 27546
Parcel Number: I
NORTH CAROLINA
DUD
IlAlHBTT "".1...1"....
THIS DIID ade this day of June, 1"0 by and bet"een '1'RB
RARNITT COUNTY BOARD or IDUCATION, a body politic organized and
existing under the laws of the State of North Carolina (hereinafter
"Grantor") to the S....."".ST WATEa AND slWIa DISTRIC'l or HA..o..i...u
"'-''''u._.... , a County water and sewer district duly organized and
\ existing pur.uant to Article 6, Chapter 162A of the North Carolina
General Statute., P.O. Box 75', Lillinqton, North Carolina 27546,
(hereinafter "Grantee")
WIT N I S SIT H:
THAT WRIRlAS, the Grantee de.ire. to acquire a parcel of real
e.tate for the purpo.e of erecting a meter, pressure reducing valve
and related appurtenance. thereon; and
WHIREAS, the Grantor de. ires to convey unto the said Grantee
the property herein described for the purpose naJDed , as 18
authorized by S160A-274 of the General Statutes of North Carolina.
NOW, THEREFORE, Grantor, in consideration of One Dollar and
other valuable consideration. to it paid by Grantee, the receipt
of which i. he~eby acknowledged, ha. bargained and sold, and by
the.e pre.ent., does grant, bargain, sell and convey unto Grantee
in fee .imple, all that certain lot or parcel of land lying and
being in Barbecue Town.hip, Harnett County, North Carolina, and
more particularly de.cribed as follows:
Beginning at an exi.ting PE located in the I
centerline of N.C. Highway No. 27, said beginning
point being 0.8 mile. .outheast of the intersection
of the center line of said High"ay No. 27 and
centerline of NCSR 1116, said beginning point also
being located South 57 degs. l' min. 46 .ec. last
1145.52 feet from an existing PE, the northernmo.t
corner of that property of the Grantor described in
deed recorded at Book 851, Page 410, Harnett County
Regl8try; and runs thence frOll said beginning point
along with and as the centerline of NC Highway No.
27 South 57 degs. 18 min. 42 .ec. last 48.20 feet
to an existing PE, and runs thence continuing with
.aid centerline South 57 deg.. 18 min. 42 .ec. last
1.80 feet to a PE Set; and runs thence South 22
degl. 41 min. 18 .ec. We.t 30.00 feet to an Iron
Pipe Set located in the .outhern margin of the right
of "ay of .aid Highway No. 27; and runs thence South
22 degl. 41 min. 18 .ec. West 50.00 feet to an Iron
Pipe Set; and runs thence North 67 degs. 18 min. 42
lec. We.t 50.00 feet to an Iron Pipa Set; and runs
thence North 22 degs. 41 ain. 18 sec. la.t 50.00
feet to an Iron Pipe Set located in the southern
margin of the right of way of said High"ay No. 27
and run. thence North 22 degs. 41 aiD. 18 sec. la.t
30.00 feet to the point and place of beginning, as
.hown on a plat entitled "South"est Water and Sewer
Diltrict of Harnett County - Meter and pres.ure
Reducing Valve Site" prepared by T , a Associate.,
Asheboro, North Carolina, and recorded at Plat
Cabinet , Slide , Harnett County
aegl8try.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and
all privilege. and appurtenance. thereto belonging to the Grantee,
in fee simple.
And Grantor, covenants with Grantee, that Grantor i. .eized
of the premise. in fee simple, has the right to convey the .... in
fee limple, that title 18 arketable and free and clear of all
encumbrances, and that Grentor will warrant and defend the title
again.t the lawful claim. of all persons whomsoever except for the I
exceptionl hereinefter .tated. Title to the property hereinabove
de.cribed is .ubject to the following exceptions:
U.ual utility ea.ements.
IN WITNESS WHEREOF, the Grantor ha. cau.ed this in.trw.ent to
be signed in it. name by the Chairman of the Harnett County Board
of Iducation and attested by the Secretary to said Board, and
sealed with the cOllllllOn .eal of said Board, all under authority
granted by the Harnett County Board of Iducation the day and year
fir.t above written.
JIAJ...I,.... 00...... BOARD
or IDUCATION
337
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I HARNETT COUNTY BOARD OF EDUCAT'
(WESTERN HARNETT HIGH SCHOOl.)
(WESTERN HARNETT MlDOl.E SCHOOl.)
DOCUMENT NO. 4.
HARNETT COUNTY
NORTH CAROLINA
RESOLUTION
THAT WHEREAS. the Town of Broadway and the County of Harnett both
enforce the North Carolina State Buildinl code; and
WHEREAS, the Town and County have alreed that the Town will
perfonn Buildinl Inspections functions for the area ins ide the
Broadway City L~its; and
WHEREAS, the Town and County have agreed that the County will
perfonn Buildinl Inspections functions for the area outside the
Incorporated City limits of Broadway and located within Harnett
County, otherwise known as the extra- territorial jurisdiction of
Broadway; and
WHEREAS, the Building Inspection fees for the area outside the
Incorporated City limits of Broadway and located within Harnett
County. will correspond to the fee structure for the Harnett
County Building Inspections Office as set by the Harnett County
Board of Commissioners; and
I WHEREAS, the Town of Broadway agrees to infonn the County of any
annexations; and
WHEREAS, The County of Harnett alrees to require Zoning approval
prior to issuing a buildinl pennit in the extra-territorial
jurisdiction of Broadway. However, the Harnett County Building
Inspections Office is not responsible for any tasks associated
with the enforcement of the Broadway Zoning Ordinance.
NOW THEREFORE . be it resolved that the Town of Broadway will
perfonn all of the Inspection duties in the Incorporated city
limits of Broadway as shown on the enclosed map and the County of
Harnett will perfonn all of the Inspection duties for the extra-
territorial jurisdiction of the Town of Broadway within Harnett
County and the inspection fees for the extra-territorial
jurisdiction of the Town of Broadway will be based on the fee
structure established by the Harnett County Board of
Commissioners.
Duly adopted this ~th day of June. 1990
HAllli~J.J. COUNTY BPAJID OF COMMISSIONERS
338
DOCUMENT NO.5.
FROM: E. Marshall Woodall
0: NOTICE OF TAX SUITS COMMENCED; TAX SUITS DISMISSED AND RELATED SERVICES I
MONTH OF MAY 1990
NAME SUIT NO. * AMOUNT COL. **COURT ATTORNEY
COSTS FEES
Averasborp Tnwnship
Jones, Rebecca 89 cvD 0632 487.35 241.10 190.00
Barbecue Township
Allen, Lewis 90 CvD 0213 819.75 251. 05 190.00
Kirchmer, Eugene 90 CvD 0190 1,171.07 257.80 190.00
Buckhorn TownShip
Russell, Richard 89 cvD 1252 639.34 259.20 190.00
Grove Township
Bullard, Taft nla 1,952.47 100.00 100.00
~t,y~t's Creek Township
Billups, Freddie 88 evD !149 1,439.01 401. 65 340.00
Monk, Freda 87 cvD 1250 ~.90g.U ~.54 -190.0'1
Subtotal 10,418.27 1,936.34 1,490.00
NOTE: * Total collected includes taxes, interest and Court costs.
** Court costs includes attorney fees allowed by Court.
Additional Attorney's Fee Charae
D.At.I EXl)lanation Uu
5-15-90 Conference with Wanda Spivey regarding
bankruptcy procedures .50 25.00
5-15-90 Telephone calls to Wanda Spivey regarding
Department of Revenue and Bynum JS.OO
International, Inc. .50
Total Additional Attorney's Fees $50.00
TOTAL ATTORNEY'S FEE 1,540.00 I
Advanced Costs:
5-7-90 Lillington Postmaster - registered mail
Audrey King - 89 CvD 0416 4.20
5-11-90 Lillington postmaster - registered mail
Freda Monk - certified mail 2.00
5-11-90 Lillington Postmaster - postage
Freda Monk - 87 CvD 1250 3.75
5-21-90 Lillington postmaster - registered mail
David Smith - 90 CvD 0223 8.80
5-25-90 Lillington Postmaster - registered mail
Richard Jenkins - 90 CvD 0623 ~
Total Advanced Costs $22.95
BALANCE DUE S1.562.95
1f~Ja<< ~oW---
E. Marltftall Woodal
Post Office Box 39
Lillington, NC 27546
Telephone: (919) 893-5191
.
I
339
DOCUMENT NO. 6.
BUDGET MESSAGE
I June 4, 1990
TO: THE HARNETT COUNTY BOARD OF COMMISSIONERS
Lloyd G. stewart, Chairman
Bill Shaw, 'liea Chainan
Commissioners Rudy Collins. Mack Reid Hudson. and Mayo Smith
In accordance with the Local Government Budget and Fiscal Control Act,
Article 3, G. S. 159.11, the proposed budget for the fisc~l year beginning J~ly 1,
1990, is presented herewith for your consideration. The law specifies that the
budget ordinance be adopted by July 1, 1990. At the request of the Board of
Commissioners, the budget hearing has been set for June 18. 1990, at 7:00 P. M. in
the County Office Building, 102 East Front street, Lillington. North Carolina.
The time and date of the public hearing will be published as required by law.
The proposed budget is presented in the same format that was used for the
F.Y. 1989-90 Budget. Under this method, all taxes are levied for the General
Fundi and the General Fund contributes to other funds and to the Board of
Education for the funding of the schools in Harnett County.
The F.Y. 1990-91 Budget was prepared in keeping with the policies. goals, and
needs of the communities of the County, as determined by the Board of
Commissioners and Budget Officer.
The major changes in the F.Y. 1990-91 Budget are as follows:
I 1. The major increases and adjustments in the proposed budget involves
Education (school current expenses and capital outlay), Landfill
(Federal and State mandated solid waste programs), Law Enforcement
(State mandated requirements for jail operation), and Social
Services (Federal and State mandated programs).
2. The Education budget items includa an increase of $503,000 fur
school current expenses and capital outlay. The proposed budget
includes $6,384,774 for allocation to the Harnett County Board
of Education.
3. The Landfill budget shows an increase of $537,933 designated for
construction and operational requirements mandated by Federal and
state solid waste directives.
4. The Law Enforcement budget shows an increase of $403,939 which
primarily supports the new state mandated requirements for jail
operations.
5. The Social Services budget includes an increase of $195,860 for
continuing Federal and State mandated programs involving Medicaid,
AFDC, and Emergency Assistance.
6. The Tax Department budget includes continuation of the multi year
I tax mapping contract project which is budgeted for $416.660.
7. The Central Carolina Community College budget has increased
$65,110 for the support of the new high tech classroom facility
on the Harnett County Campus.
8. The proposed budget includes a 5' cost of living salary increase
for all regular County employees.
9. The County group medical insurance program has a 12' increase
included in the proposed budget based on projected medical cost
for F.Y. 1990-91.
340
10. The proposed budget includes new manpower positions for five
departments.
A. Finance - one Accounting Clerk
B. Law Enforcement - four Jailers I
C. Emergency Services - one Fire Marshal
D. Social Services - six IN caseworkers
one Clerk Typist
E. Parks & Recreation - one Senior Center Administrator
11. The Contingency Fund proposed budget is $20,000 which provides
funding for several projects; such as personnel merit pay
program, special projects, and maintenance and repair of buildings.
12. In addition to the general county taxes, the proposed budget
includes special districts' taxes for the fire and rescue districts
and the special school district. All special districts have
submitted balanced budgets and letters of request for their tax
levy. The Finance Officer will be directed in the Budget Ordinance
to turn over all funds collected for the special tax districts to
the respective district or designated agency.
13. Revenue:
A. Ad Valorem Tax $10,283,145 Proposed
488,505 Increase
B. Prior Years Taxes $ 450,000 Proposed
41,303 Increase .
C. Interest on Investments $ 500,000 Proposed
200,000 Increase
D. Federal Drug Grant $ 65,606 Proposed
65,606 Increase
E. Solid Waste Fees $ 800,000 Proposed
800,000 Increase
F. Airport Grant $ 277,830 Proposed
277,830 Increase
G. Sales Tax $ 5,250,000 Proposed
76,200 Increase
H. Fund Balance $ 83,276 P.wrwsed
83,276 Increase
In order to generate revenues for the General Fund budget for the ad valorem
tax line item, it will be necessary to adopt a tax rate of $0.73 per one hundred
dollar ($100) valuation, which is the same tax rate approved for F.Y. 1989-90
Budget.
Attached to the Harnett County budget is a copy of the Public Utilities
budget. Since Harnett County Public Utilities is an enterprise fund, it is filed
separately from the Harnett County budget and is included as a separate budget .
package. Public Utilities will be adding new water and wastewater project for
F.Y. 1990-91 which will be developed through project budget ordinances for the
Southwest District, Southeast District, Northeast Metro District, and Cape Fear
Regional Wastewater System.
The F.Y. 1990-91 proposed budget is a balanced budget for the General Fund
and Public Utilities.
General Fund:
Revenue $24,897,872
Expenditures $24,897,872
341
Public Utiliites:
Revenue $ 2,378,374
Expenditures 2,378,374
I The General Fund Budget for F.Y. 1989-90 was $23,801,328 which shows an
increase of 4\ for the F.Y. 1990-91 proposed Budget.
The proposed F.Y. 1990-91 Budqet has been prepared by the Department Heads.
the Finance Officer, the Budget Officer, and the Budget Working Group.
It is the privilege of the Board of Commissioners to alter the proposed
,
r.Y. 1990-91 budget at anytime before adopting the Budget Ordinance.
.'1/....., / j "7
dII4.. . j,
/":/:- ..,' < )~~
Dallas H. Pope';' c:.sbdge-= Officer
'./
DOCUMENT NO. 7.
Resolution No: ------------
8E IT RESOLVED:
That the Chairman and Clerk of Northwest Water and Sewer
District of Harnett County be authorized to execut9 al I
forms necessary to obtain a loan and grant from FmHA,
in.;:oIuding, but not Ii mi ted to the fol lowing forms:
Form FmHA 1942-47 Loan Resolution
Form FmHA 1942-46 Letter of Intent
I Form FmHA 442-7 Operating Budget
Form FmHA 400-4 Assurance Agreement
Form FmHA 400-1 Equal Opportunity Agreement
Form FmHA 1940-1 Request For Obi igation of Funds
Form FmHA 1942-31 Grant Agreement
Form FmHA 1910-11 Appricant Certification Federa!
Collection Pol icies
Form AD-I047 Certification Regarding
Debarment... .
Form AD-I048 Certification regarding a
Drug-Free Workplace..
That the District elects to have the interest rate charsed
by FmHA to be the lower of the rate in effect at either the
time of loan approval or loan closing:
This resolution to become a part of the official minutes of
the Board meeting held on June 4, 1990.
Motion made by Commissioner Smith .
seconded by . Commissioner Hudson
to adopt the resolution. Motion passed . 5 . to . 0 .
A HEST ,")c....~ 1'.1'"'1' BY' ~ )J /JiwJ
C erk ") Chairman
Form FmHA 1942-3\ FORM APPROVED
(Rev, 12-89) OMB NO, 0575.00H
UNITED STATES DEPAllntENT OF AGRICULTURE
FARMEIlS HOME ADMINISTRATION
ASSOCIATION WATER OR SEWER SYSTEM GRANT AGREEMENT
THIS AGREEMENT dated June 4, ., 19~. between
I Northwest Water and Sewer District of Harnett COUilC,"
a public corporation orllnized and opera tine under Constitution and General Statutes of North Carolina
(AlltlronziIIK SMillIe)
herein called "Grantee," and the United Stites of Americl ac:tilll throulh the Farmers Home Administration, Department of Agri-
culture. herein called "Grantor," WITNESSETH:
WHEREAS
Grantee hiS determined to undertlke a project oIlcquilitlon. construction, enl. ...... ,ent, or clpital1mprovement of a (water) (sewer)
system to serve the Irel under its jurisdiction It an estimated COlt of S 3.318.000.00 and has duly au thorized
the undertakin. of such project.
Grantee is able to ~inance not more thin S 1.644,000.00 of the development costs through revenu..,.
charces. taxes or assessments, or funds oth. , " . avaUable to Grantee resuttiRe in a reasonable user charge,
342
Said sum of $ 1,644,000.00 has been comitted to and by Grantee for such project development costs.
Grantor has agreed to grant the Grantee a sum not to exceed S 1.674.000.00 or 50.5 percen t
of said development costs. whichever is the lesser, subject to the terms and conditions established by the Grantor. Provided. however.
that the proportionate share of any grant funds actually advanced and not needed for grant purposes shal1 be returned immediately to
the Grantor. The Grantor may tenninate the grant in whole, or in part, at any time before the date of completion. whenever it is
detennined that the Grantee has failed to comply with the conditions of the grant.
NOW, THEREFORE, In consideration of said grant by Grantor to Grantee, to be made pursuant to Section 306 (a) of the
Consolidated Farm and Rural Development Act for the purpose only of defraying a part not to exceed 1.674.000.00 I
percent of the development costs, as defined by applicable Fanners Home Administration instructions.
GRANTEE AGREES THAT GRANTEE WILL:
A. Cause said project to be constructed within the total sums available to it, including said grant, in accordance with the
project plans and specifications and any modifications thereof prepared by Grantee and approved by Grantor,
B. Pennit periodic inspection of the construction by a r'r. _"'.. tative of Grantor during construction.
C, Comply with any 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.
D, Comply with al1 applicable state and federal laws and regulations and manage. operate and maintain the system. including
this project if less than the whole of said system, continuously in an efficient and economical manner.
E. Make the services of said system available within its capacity to all persons in Grantee's service area without discrimina.
tion as to race, color, religion. sex, national origin, age, marital status. or physical or mental handicap (possess capacity to enter into
legal contract for services) at reasonable charges, including a"...... ..ents, taxes. or fees in accordance with a schedule of such charges.
whether for one or more classes of service, adopted by resolution date March 15 ,19~,asmay
be modified from time to time by Grantee, The initial rate schedule must be approved by Grantor. Thereafter, Grantee may make such
modifications to the rate system as long as the rate schedule remains reasonable and nondiscriminatory.
F. Adjust its operating costs and service charges from time to time to provide for adequate operation and maintenance,
emergency repair reserves, obsolescence. ..". .1, debt service and debt service reserves.
G. Expand its system from time to time to meet reasonably anticipated growth or service requirements in the area within
its jurisdiction.
H. Provide Grantor with such periodic reports as it may require and penn it periodic inspection of its operations by a re-
presentative of the Grantor.
I. To execute Fonns FmHA 400-1, "Equal Opportunity Agreement," and FmHA 4llO-4, "Assurance Agreement," and any
other agreements required by Grantor which Grantee is legally authorized to execute. If any such forms have been executed by
Grantee as a result of a loan being made to Grantee by Grantor contemporaneously with the making of this Grant, another form of
the same type need not be executed in connection with this Grant.
J. Upon any default tinder its representations or agreements set forth in this instrument, or in the instruments incident to
the awarding of the grant, Grantee, at the option and demand of Grantor, to the extent legally permissible, will repay to grantor
forthwith the original amount of the grant received with the interest accruing thereon from the date of default at the market rate
for water and waste disposal loan assistance in effect on the date hereof or at the time the default occurred, whichever is greater,
Default by the Grantee will constitute termination of the grant thereby causing cancel1ation of Federal assistance under the grant,
The provisions of this Grant Agreement may be enforced by Grantor, at its option and without regard to prior waivers by it of pre.
vious defaults of Grantee, by judicial proceedings to require specific perfonnance of the terms of this Grant Agreement or by such
other proceedings in law or equity, in either Federal or State courts, as may be deemed necessary by Grantor to assure compliance
with the provisions of this Grant Agreement and the laws and regulations under which this grant is made,
K, Return immediately to Grantor, as required by the regulations of Grantor, any grant funds actually advanced and not
needed by Grantee for approved purposes.
L. Use the real property including land, land improvements, structures, and appurtenances thereto. for authorized purposes
of the grant as long as needed. I
I. Title to real property shal1 vest in the recipient subject to the condition that the Grantee shall use the real property
for the authorized purpose of the original grant as long as needed.
2. The Grantee shall obtain approval by the Grantor agency for the use of the real property in other projects when
the Grantee determines that the pr.'r'" .J' is no longer needed for the original grant purposes. Use in other projects shall be
limited to those under other Federal grant programs or programs that have purposes consistent with those authorized for sup-
port by the Grantor,
3. When the real property is no longer needed as provided in 1 and 2 above, the Grantee shall request disposition
instructions from the Grantor agency or its successor Federal agency. The Grantor agency shall observe the followine rules in
the disposition instructions:
(a) The Grantor may be pennitted to retain title after it compensates the Federal Government in an amouot
computed by applying the Federal percentage of participation in the cost of the original project to the fair market value
of the property.
(b) The Grantee may be directed to sell the property under guidelines prOVided by the Grantor agency anll pay
the Federal Government an amount computed by applying the Federal percentage of participation in the cost of the
original project to the proceeds from sale (after deducting actual and reasonable selling and fix-up expenses, if any, from
the sale proceeds), When the Grantee is authorized or required to sell the property. proper sales procedures shall be estab-
lished that provide for competition to the extent practicable and result in the highest possible return,
(c) The Grantee may be directed to transfer title to the property to the Federal Government prOVided that in
such cases the Grantee shall be entitled to compensation computed by applying the Grantee's percentage of participa-
tion in the cost of the program or project to the current fair market value of the property.
The Graut Agreement COllers the following described real property (use continuation sheets as necessary),
All Rights-of-Way or easements that are obtained by Northwest Water and Sewer District
by negotations, condemnation, or purchase of existing systems: all pump sites, and
standpipe sites.
M, Abide by the following conditions pertaining to nonexpendable personal property which is furnished by the Grantor or
acquired wholly .1r in part with grant funds, Nonexpendable personal property means tangible personal property having a useful
life of more than one year and an acquisition cost of $300 or more per unit. A Grantee may use its own definition of nonexpeildable
per"onal propert)' provided such definition would at least include all tangible personal personal property as defined above,
I. Use of nonexpendable property,
(a) The Grantee shall use the property in the project for which it was acquired as long as needed, When no longer
needed for the original project, the Grantee shall use the property in connection with its other Federally sponsored activ-
ities. if any, in the fOllowing order of priority:
(I) Activities sponsored by FmHA.
(2) Activities sponsored by other Federal agencies.
(b) During the time that nonexpendable personal property is held for use on the project for which
it was acquired, the Grantee shall make it available for use on other projects if such other use will not interfere with the
work on the project for which the property was originally acquired. First preference for such other use shall be given to
FmHA sponsored projects. Second preference will be given to other Federally sponsored projects,
2, Disposition of nonexpendable property. When the Grantee no longer needs the property as provided In paragraph
(a) above, the property may be used for other aetivites in accordance with the following standards: I
(a) Nonexpendable property with a unit acquisition cost of less than $ 1,000. The Grantee may use the property
for other activities without reimbursement to the Federal Government or sell the property and retain the proceeds.
(b) Nonexpendable personal property with a unit acquisiton cost of S 1,000 or more. The Grantee may retain
the property for other uses provided that compensation is made to the original Grantor agency or its successor. The
amount of compensation shall be computed by applying the percentage of Federal participation in the cost of the original
project or program to the current fair market value of the property. If the Grantee has no need for the property and the
property has further use value, the Grantee shall request disposition instructions from the original Grantor agency.
The Grantor agency shall determine whether the property can be used to meet the agency's requirements. If no require-
ment exists within that agency. the availability of the property shall be reported, in accordance with the guidelines of
the Federal Property Management Reaulations (FPMR). to the General Services Administration by the Grantor agency
to detennine whether a requirement for the property exists in other Federal agencies. The Grantor agency shall issue
instructions to the Grantee no later than 120 days after the Grantee request and the following procedures shall govern:
(1) If so instructed or if disposition instructions are not issued within 120 calendar days after the Grantee's
request. the Grantee shall sell the property and reimburse the Grantor agency an amount computed by applying
to the sales proceeds the percenta. of Federal participation in the cost of the orilinal project or program. How-
ever, the Grantee shall be permitted to deduct and retain from the Federal share $I 00 or ten percent of the pro'
ceeds, whichever is Ifeater, for the Grantee's sellin, and handling expenses.
(2) If the Grantee is instructed to ship the property elsewhere the Grantee shall be reimbursed by the
benefitting Federal agency with an amount which is computed by applying the percentage of the Grantee parti.
cipation in the cost of the original grant project or program to the current fair market value of the property, plus
any reasonable shipping or intcrim storage costs incurred,
~.,-
343
(3) If the Grantee is instructed to otherwise disposo: uf tile property, the Grantee shall be reimbursed by the
Grantor aaency for such costs Incurred in its disposition.
3. The Grantee's property manaaement standards for nonexpendable personal property shall also include:
(a) Property records which accurately provide fot: a description of the property; manufacturer's serial number
or other identification number; acquisition date and cost; source of the property; percentaae (at the end of budaet year) of
Federal participation in the cost of the project for which the property was acquired; location, use and condition of the pro-
perty and the date the information was reported; and ultimate disposition data includinl sales price or the method used to
determine current fair market value If the Grantee reimburses the Grantor for its share.
(b) A physical inventory of property shall be taken and the results reconciled with the property records at least
once every two years to verify the exiltence, current utilization, and continued need for the property.
(c) A control system shall be in effect to insure adequate safelllards to prevent loss, damace, or theft of the
property. Any loss. damaae, or theft of nonexpendable property shall be investipted and fully documented.
(d) Adequate maintenance procedures shall be implemented to keep the property in cood condition.
(e) Proper sales procedures shall be establilhed for unneeded property which would provide for competition to
I the extent practicable and result in the hipest possible return.
This Grant Alreement covers the foUowinf described nonupend4lb1e property (use conti_tion sheets as necemuy J.
All water distribution lines, connections, meters. valves. fire hydrants, pumps, all
buildings, all equipment. standpipe, and all other facilities constructed or
purchased by the Northwest Water and Sewer District as a part of its water facility.
N, Provide Financial Manaaement Systems which will Include:
I. Accurate, current, and complete disclosure of the financial results of each pnt. Financial reportinl will be on an
accrual basis.
2. Records which identify adequately the source and application of funds for IfII1t-supported activities. Those records
shall contain information pertalninl to lrant awards and authorizations, obllptions, unobllpted balances, assets, liabUlties,
outlays, and income,
3. Effective control over and accountability for all funds, property and other assets. Grantees shall adequately safe-
lIIard all such assets and shalllSsure that they are used solely for authorized purposes,
4. Accountinl records supported by source documentation.
O. Retain financial records, supportinl documents, statistical records, and all other records pertinent to the grant for a
period of at Icast three years after &rInt closinl except that the records shall be retained beyond the three-year period if audit findings
have not been resolved. Microntm copies may be substituted in lieu of oriJinal records. The Grantor and the Comptroller General of
the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records
of the Grantee's lovc:mment which are pertinent to the specific Irant program for the purpose of makinl audits, examinations, ex-
cerpts and transcripts,
P. Provide information as requested by the Grantor to determine the need for and complete any necessary Environmental
Impact Statements.
Q. Provide an audit report prepared in sufficient detail to allow the Grantor to determine that funds have been used in
compliance with the proposal, any applicable laws and rellllalions and this Agreement.
R. AJree to account for and to return to Grantor interest earned on &rInt funds pendlnl this disbursement for program
purposes when the Grantee is a unit of local ,ovemment or a nonprofit orpnlzation. Statel and aaencies or instrumentalities of
states shaI1 not be beld accoulltable for Interest earned on Irant funds pendln, their disbursement.
S. Not encUlllber, transfer or dispose of the property or any part thereof, furnished by the Grantor or acquired wholly
or In part with Grantor funds without the written c."""..,. of the Grantor except as provided in Items K and Labove,
T. Include In all contracts for construction or repair a provision for compliance with the Copeland" Anti-Kick Back" Act
(18 U.S.C, 874) as supplemented In Department of Labor reculations (29 CFR, Part 3), The Grantee shall report all suspected or
reported violations to the Grantor.
U, In construction contracts In excess of 52,000 and in other contracts In excess of 52,500 which involve the employment
of mechanics or laborers, to Include a provision for compliance with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor reculatlons (29 CFR, Part 5).
V, To include In all contracts In excess of 5100 000 a provision that the contractor agrees to comply with all the require-
ments of Section 114 of the Clean Air Act (42 U.S,C. !187SC-9) and Section 308 of the Water Pollution Control Act (33 U.S.c.
~ 1318) relatlnl to inspection, monltorln,. entrY, reports, and Information, IS well IS aU other requirements specified in Section 114
of the Clean Air Act and Section 308 of the Water Pollution Control Act and all rellllatlons and cuidellnes issued thereunder after
the award of the contract. Such reaulatlons and lIIidelines can be found in 40 CFR 15.4 and 40 FR 17126 dated April 16, 1975.
In so dolnl the Contractor further a&rees:
I l. As a condition for the award of contract, to notify the Owner of the receipt of any communication from the Envi-
ronmental Protection Aaency (EPA) indlcatin, that a facility to be utilized in the performance of the contract is under con-
sideration to be listed on the EPA list of Viola tin, Facilities. Prompt notification is required prior to contract award.
2. To certify that any facility to be utilized In the performance of any nonexempt contractor subcontract is not listed
on the EPA list of Vlolatin, Facilities pursuant to 40 CFR I S.20 as of the date of contract award.
3. To Include or cause to be Included the above criteria and the requirements in every nonexempt subcontract and
that the Contractor will take such action as the Government may direct as a means of enforcinl such provisions.
As used in these parqrapbs the term "facility" means any bulldinl, plan,lnstallation, structure, mine, vessel or other floating craft,
location, or site of operations, owned, leased, or supervised by a Grantee, cooperator, contractor, or subcontractor, to be utilized
in the performance of a IfIIlt, agreement,contract, subsrant, or subcontract. Where a location or site of operation contains or in.
cludes more than one bulldinl, plant, installation, or structure, the entire location shall be deemed to be a facility except where the
Director, Office of Federal Activities. Environmental Protection Aaency, determines that independent facilities are co-located in one
aeographicalarea.
W. The followinl clause is applicable to nonprofit ol'lanizations:
All a cODdltion of this Gnnt or eooperatlye All" ent, the recipient _res and certifies that It I. in compliance with
and wm comply In the courae of the A ,,, ent with all applicable lawl, raJulatloll8, Executive Orders and
other ..nenlly applicable requirementa, Includinl tho.e set out In 7 erR 3015.205(b), which hereby are Incorporated
in this A . ent by referenee, and auch .tatutory provisions u are qleClflc:aUy set forth herein.
GRANTOR AGREES THAT IT:
A. Will make available to Grantee for the purpose of this Agreement not to exceed S 1.674.000.00
which it will advance to Grantee to meet not to exceed 50.5 percent of the development costs of the project in accordance
with the actual needs of Grantee as determined by Grantor,
B, Will assist Grantee, within available appropriations, with such technical assistance as Grantor deems appropriate in
planninl the project and coordlnatinl the plan with local official comprehensive plans for sewer and water and with any State or
area plans for the area in which the project is located,
C. At its sole discretion and at any time may live any consent, deferment, subordination, release, satisfaction, or termina-
tion of any or all of Grantee's Irant obliptions, with or without valuable consideration, upon such terms and conditions as Grantor
may determine to be (I) advisable to further the purpose of the grant or to protect Grantor's financial interest therein and ( ~ I con-
sistent with both the statutory purposes of the Irant and the limitations of the statutory authority under which it is made,
TERMINATION OF THIS AGREEMENT
This Agreement may be terminated for cause in the event of default on the part of the Grantee as provided in Paragraph I
above or for convenience of the Grantor and Grantee prior to the date of completion of the grant purpose. Termination for con-
venience wiU occur when both the Grantee and Grantor agrec that the continuation of the project will not produce beneficial results
commensurate with the further expenditure of funds,
IN WITNESS WHEREOF Grantee on the date first above written has caused these presence to be executed by its duly autbor-
ized Chairman
I and attested and its corporated seal affixed by its duly authorized Clerk
ATTEST:
By L.... ~.._)( By ~ )J /Jt..,.--./'----
Clerk Chairman
(Title) (Title)
UNITED STATES OF AMERICA
FARMERS HOME ADMINISTRATION
By
Jackie E. McLamb
District Director
(Title)
--.--.-
344
USDA-FrnHA I'osition J
Form FmHA 4004
(Rev. 8.29.79) ASSURANCE AGREEMENT
(Under Title VI. CiYil RisJtts Act of 1964)
The Northwest Water and Sewer District of Harnett Co~~tv .-...-------------.-------.-..--..-----...---...--....
-----.--- ,.----.....(name of 'ecipieiiij--.----. I
P.O. Box 759.. Lil1il!8S~!!_L____'!~....lZi~6 .--_. -............--.-..--............-------.-.--.-.--.--.--......- .
(add,eu)
("Recipient" herein) hereby assures the U. S, Department of Agriculture that Recipient is in compliance with and will
continue 10 comply with Title Viol' the Civil Rights Act of t 964 (42 USC 2000d el. seq.), 7 CFR Part 15, and Farmers
Home Administration regulations promulgated thereunder. 7 C.F.R. 1190\.202. In accordance with that Act and the
regulations referred to above, Recipienl agrees that in connection with any prugr,am or activity for which ~ecipient receives.
Federal financial assistance (as such term is defined in 7 C.F.R. 114.2) no person In the United States shall. on the ground 01
race, color, or national origin. be excluded from participation in, be denied the benents of. or be otherwise subjected 10
discrimination.
\. Recipient agrees that any transfer of any aided facility, other than personal property, by sale. lease or other
conveyance or-contract. shall be. and shall be made expressly, subject to the obligations of this agreement and
transferee's assumption thereof.
2. Recipient shall:
(a) Keep such records and submit to the Government such timely. complete. and accurate information as the
Government may determine to be ne~'Cssary to ascertain our/my compliance with this agreement and the regulations.
(b) Permit access by authorized employees of the Farmers Home Administration or the U,S, Department of
Agriculture during normal business hours to such books. records, accounts and other sources of information and its
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 Ill' Agriculture finds necessary 10 inform such persons of the protection assured them against
discrimina tion.
3, The obligations of this agreemenl 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 assislance is made
or for anolher 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 Illng as
Recipient retains ownership or possession of the property.
(c) As to any olher aided facility or activity, ufltilthe last advance of funds under the loan ur grant has becnmade.
4, Upon any breach or violation of this agreement the Government may, ~t its or!ion:
(a) Terminate or refuse to render or continue nnancial assistance for the aid of the property, facility, project,
service or activity.
(b) Enforce this agreemenl hy ~uit for specific performance or by any other available remedy under the laws of
the United Slates or lhe State in which the breach or violation occurs,
Rights and remedies provided for under this agreement shall be cumulative, I
In witness whereot., .___~.<<!!:!.h!!_l!!:_.y.~!_~!=.:___~~g___1:!~_~~_t_..p.!.t!U_~_<;_L__.____ .______mm_____....__.__.._.___.._..___.._______. on tllis
("lamp of recipient}
date has caused this agreemcnt to hc executed by its duly authorized officers and its seal affixed hereto, or. if a natural
person, has hereunto executed this agreement.
~_9.!=.:S_Q!!!.l!!;_.ltl!!..~L~!lg.__1:!.~.~~X...p.J.~t r1&L.__._________...
I<edp;"/Il
(S E A l) .J~!!!___~.l...!.9_9.Q______m___mm...m..___......_.._.___._____.____ ...__. ....____._.
r-~ ( Date
Attcs:1l?:::~-~~~.~~-.l~-:j:~~~=r Chairman
.1fm-....-.--..---..---~~...-=:...-..---....7Tii;.---
"U.S.GPO:i~"'l558 Clerk "Ie BY' .. ~._2J...___m --- '.. .-.- .......---......-.----------...---...
. . I 1;'('1:1";('111
-
....'1..
FORM APPROVED
UNITED STATES DEPARTllIENT OF AGRICULTURE OMl No. OS7HlOl8
Fonn FmHA 400-1 APPROVAL EXPIRES 4/84
(Rev. 7.19-83) FARMERS HOME ADlllNlSTRATION
EQUAL OPPORTUNITY AGREEMENT
This agreement. dated .____..June 4. t~.Q..._______.._.._.._.._..__...._.._...._....__._......_.._...._...._.._._.__.._.._._....__._. between
Northwes t Wa te~.._~~.L~!:!.~!_.~!~!:!!~~__~L!!!!~~E.~._~.~~~~X.__...._.__.._.._.__.....__.__.__...__...._..______.._...._.
(herein called "Recipient" whether one or IIIOre) and the FUIlIers Home Administration. United States Department of
Agriculture, pursuant to tbe rules and reculations of the Secretary of Labor (berein called tbe 'Secretary') Issued under the
autbority of Executive Order 11246, as amended, witnessetb:
In consideration of fill8nclal assistance (whether by a 10_. 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 constmction
work performed by Recipient or a construction contract financed with sucb financial assistance exceeds Sl0,OOO--lIDless
.n._, ,ed by rules, reculatlons or orders of the Secretary of Labor lsaued persuant to Section 204 of Executive Order 11246 of
September 24, 1965.
1. To incorporate or cause to be Incorporated into any contract for construction _rk, or modification tbereof, subject
to tbe relevant rules, reculations. and orders of tbe SecretllfY or of any prior authority tbat remain in effect, whicb is paid
for in wbOle or in part witb tbe aid of sucb financial assistance. tbe following "Equal Opportunity Clause":
During the performance of this contract, tbe contractor"... .." as follows:
(a) Tbe contractor will not discriminate against any employee or applicant for employment because of race, color.
relielon, sex or national orieln. The contractor will tllke affirmative action to ensure that applicants are employed. I
and that employees are treated during employment. without reprd to their race, color. rellelon. sex or national
orieln. Such action shalllnc1ude. but not be limited, .to the following: employment, uperadinc, demotion or trlllsfer;
recruitment .Jf recruitment advertising; layoff or termination; rates of payor otber forms of compensation; and
selection for tralninc, including apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the FlIfmers Home Administration setting
fortb the provisions of this nondiscrimlll8tion clause.
(b) Tbe contractor will, In all iollcitations or advertisements for employees placed by or on behalf of the contractor,
stste that all qualified applicants will receive consideration for etIIployment without regllfd to rllCe. color, rellelon.
sex or national orieln.
(c) The contractor will send to eacb labor union or representative of workers witb whicb he has a collective bllfcalning
agreement or otber contrect or Ullderst80dinc, a notice, to be provided by tbe F_ers HOOle Admlniatration.
advising the said labor union or workers' representative of the contrector's commitmenta under tbls '-I,.' ent as
required parsuat to section 202(3)- of Executive Order 11246 of September 24. 1965, and shall post copies of the
notice in conspicuous pIeces available to employees ancI appliclllts for employment.
(d) The contractor will COIIply witb all provisions of Executive Order 11246 of September 24. 1965, and of all rules,
repistions and relevlllt orders of the Secretary of Labor ad of any prior authority wblcb remaia in effect.
(e) The contractor will fumisb all infonnation IIId reports required by Executive Order 11246 of Septem~r 24. 1965.
rales, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and acconnts by the
Farmers Home Administration, Office of Equal Opportunity, U. S. Department of Agriculture, and the Secretary of
Labor for parposes of investigation to ascertain compliance witb sucb rules, regulations. and orders.
f-:;--:-,
345
(0 In the eveat of the contractor'. lIOIICOlllpUaace witlt the Equel Opportunity (Federelly Asaitted Construction) clause
or witla BY of tile Nid ruin, replation.. or orden, till. ...,' ,. .. ..y be ~celled, tenliuted, or saspeaded in
wiIole or i_ put lad tlte .." .,., SI8Y lie ded"'laeUpble for mtIter Go_lit COIItqcts or Feder8lly ANisted
coellbllctlOll coebad. ia accorUlce witlt proc:eUre. a.lIOIlaed Ia IUCldve 0nW No. 11246 of Septetaber 24. 1965,
_ sac:h otIaer IIIIICt10na lIIay be IIIpOtMld _ reIIeIIl.. la_eel n provided i. Exec:ative Onler No. 11246 of
Sept_her 24, 1965. or by nI.. rep1ati0ll or order of tile Secnlt.ry of Labor, or a. paoYided by L.w.
(&) The COllI, ... will iaclude the provisio.. of till. Equal Opportuity (Feder.ly Aaa.lated COlIatnaction) clause in
every .,.... ,,1nIct or pwclaa.. order, 11II1... exellpted by tile ruin, replatioaa, Of "" ,.., , 01 tile Secr.wy of Labor
I i_ed purauat to Section 204 of Execlltive Order No. 11246 of SepteUer 24, 1965, 10 thlt sack proviaion. will
be bindinc upon eecla sacla aabc:oatrac:tor or _dor. The con,. ..., will t.e .ach action with.", ..1 to any
nbcolItract or ,I" ;.. Ie order _ tile Farmers 110.. AdaIIalatr.tion .,y direct a. . __ of e..orcin& such
proYiIiou. ind_dia& Unctionl for ',. .",.ileace: I3silIIII. lIauIr, tItat in the eveet the contractor becomes
involwcl in. or Ie tltreateaeel with. Utiptlon witll . ..lIcoatractor or veador _ a rel81t of lIIICh direction by the
F.~. U- Adadnlatratioll, tile c:oatrac:tor .., reqHIt tIte United Stat.. to eater into acla Utiption to protect
tIae iat... 01 tile United Stat...
2. To be bound by the proviaionl of tile Equal Opportuity C~ ia conatnactioa work perfonled by Recipieat 8IId paid
for in wlloie or in part with tile .d of lIIICh f1a.claI ....1It~, .
3. To notify all psoapective .. ,," .1orI to Ille tile ~ 'COIIpll88Ce Stat.eot', ,Fona FHA 400-6, witll theu bids.
4. Fonn AD-425, laatnactioal to CoIltractora, wiD KCClIIfIay tile aatk:e of .nn1 of tile coetrac:t. . .
Bid condition. for aU _.... F..... uti Fadera11y ....... coeatnactioll coatIKtl reqaiJe iaclulllon of the I"",." ate
"HoIIIetOWll" or "."''' pu. afB1MIive IICtioa ... .... ..,.,... opportaity reqDireMllt.. All blddera DlUat colllply
witll tile bid COIlditioa. cOlltailed ia the illYitatiOll to be coe_deNd retpoaaible bldd.. .d hetace eUpble fOf tile .~ anl.
S. To lNiat .d ..'.1 ,_,. I activ_y witla tile F...... IIoaIe AdaIialstrstion uti the Secret.,. in obtainin& the compbance
of COIltractors _ abcoatlllCtor. with tile plO'lision. of tile Ecpal Opportlmty Cia.. .4 tlte said nles, recal.tions, ,8IId
orders to obt_n .d fanll" to tile V.... Holse Adlliaistrltloa ... the Secretary, FOfll AD-S60, Certification of
NonleFepted PeciUties, ro submit tile Monthly Employmeat Utilization Report. Form ~2S7. u required and such ~ther
infonnation u tIley may require the IlI-pe. I'd.. ol such compliaace. and to odt,., , ~ . USIIt the Parmer. Home Adminlltta-
rion in the dlacharp of ita primary responsibility for aecurina cOIIlpliaace.
6. To refrain flOlll eateria& Into uy c:oatrac:t, or ut.aioa Of otber .odiOcatioa of a contract, I1Ibject to I1Ich Ellecutive
Order witlt a c:oatractor deber:re4 flOlll G. , "., lOt contncta or f......' ....... coaatruction ..,,,. .la pllHHt to Part 11.
Subpart D. of such bec:atlve Onler or to prior aatllority; .d to c:aay ont auch aaction..d peaelti. for vlolation of the
provision. of the Equl Opportulllty Cr.. aa ..y be illpOSed apOlI c:GIIttactcw. .4 sabcon... ..." by tile Fafllers Home
AdIIIlaistration or the Secretary pv....t to auch SIIbpart D.
7 That if Reclpieat fella or refusea to cotIIPly with tbeae W1c1ertakinc.. tbe Fanners HOlle Adndniatntion lIIay take any
or ';'1 of the followiac actio..: Ca) caacel, t.-ute, or uapead said fiaeadal .uistaace ia wiIole or in part; (b) refrain
from eJtendinc any further .Niatnee under the PJOCfSIII illYOlvecl unW _ti_tory naunnce of fatare CODIpUaac:e lias been
received flODl Recipieot; .d (c) refer the c.se to the Office of Equal Opportualty, U. S. D."".., ent of Acnculture for
a.... ...~_ate action.
Witneas the due ellecutioa hereof by Recipient on this, the date .flrst above writteo.
Recipient Recipient
Northwest Water and Sewer District
I (CORPORATE SEAL) .~__l
Attest: .:r '(I) G \ By ~/~~ --
,/ - ...... .......
l:t."\.L~,-,,, ,\.... ~r Chairman
.- . ,)r-
Position 5 .-
USDA-FmHA FORM APPROVED
Fonn FmHA 1942-41 OMB NO, 0575-0015
(Rev. 1-90) LOAN RESOLUTION
(Public Bodiea)
A RESOLUTION OF TIff: Board of COlDIIIissioners
OF 11IE Northwest Water and Sewer District of Harnett County
AunlORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A
PORTION OF THE COST OF ACQUIRING. CONSTRUCTING. ENLARGING. IMPROVING, AND/OR EXTENDING ITS
Water Distribution System
F ACIUIY TO SERVE AN AREA LAWFULLY WITHIN ITS JURISDICTION TO SERVE.
WHEREAS. it is necessary for the Northwest Water and Sewer District of Harnett County
(l'lllIIIc Body)
(herein after called Auociation) to ralse a portion of the cost of lUch undertaking by illSlWlce of its bonds in the principal amount of
$1.604.000.00
purlUanttotheprovisionsof Local Governaent Bond Act (GS. 159-43. EtSea) ; and
WHEREAS. the Auociation intends to obtain llliltance from the Farmers Home Adminiatrltlon, United States Department of Agri-
culture. (herein called the Government) Icti.., under the provisions of the Consolidated Farm and Rural Development Act (1 V.S.C.
1921 et seq.) in the plannlng, flnancinl, and ...pervision of...ch undertaking and the purchasing of bonds lawfuUy issued, in the event
that no other acceptlble purchuer for ...ch bonds Is found by the Auocletion:
NOW llIEREFORE. in consideration of the premises the A..... L,tion hereby resolves:
1. To have prepared on its behalf md to Idopt an ordJnance or resolution for the issuance of its bonds containin~ such
items and in such fonns u are required by State statutes md as are agreeable and acceptable to the Government.
2. To refinance the unpaid balance. Ia whole or in part, of ita bonds upon the r::!tuest of the Government if at any time
it shaD appear to the Government that the Auociation is Ible to refinance Ita bon . by obtaining I loan for such J'urposes
from responsible coopentive or private sources at reasonable rates and tenns for loan. for similar purposes an periods
of time as required by section 333(c)of said Comolidated Fann and Rural Development Act (1 U.S.C. 1983(c)).
3. To provide for. execute. and comply with Fonn FmHA 4()().4. "Assurance 4...".lnt:' and Fonn FmHA400-1, "Equal
I Opportunity 4.......ent." inclUding an "Equal Opportunity Clause." which clause is to be Incorporated in, or Ittached
u a rider to, each construction contract and ...bcontract involving in excess of $10,000.
4, T" 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 fund. 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 perfonnance of any cov-
enant or agreement contained herein or in the instrumenta incident to maldna or insuring the loan. the Govemnment 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 AJsociation (payable from the Source of funds pledaed to pay the bonds or any other
lepUy.ennisslble source). incur and pay reuonable expellllls for repair. maintenance. and operation of the facility and
such 0 r reasonable expemes u may be n...... . / to cure the cau. of default. and/or (c) take possession of the facility,
repair, maintain. and operate or rent It. Default under the d:lI1ona of this resolution or any Instrument incident to the
matina or illlUrina of the loan may be conatrued by the ernment to c:ortItitute default under any other instrument
held by the Government and executed or IllUmed by the Auociation. and default under any lUch instrument may be
construed by the Government to constitute default hereunder.
6. Not to sell. transfer. Ie.. or oth... I (. . encumber the facility or any portion thereof, or interest therem. or permit others
to do so wlthont th.. orinr written co...nt of the Government.
7. Not to defelle - the bonds, or to b. ..,. II money, enter Into any contract or agreement, or otherwise incur any liabilities
for any purpote in connection with the facility (exclusive of nonnal maintenance) without the prior written consent of the
Government if such ~n~~inI would involve the source of funds pledged to pay the ~onds,
346
8. To place the proceeds ot 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 readUy marketable securities backed
by the fun faith and credit of the United States. Any r...... .... e from these accounts wlli be considered IS revenues of the
system.
9, To comply with aU applicable State and Federal laws and regulations and to continually operate and maintain the facility
in good condition. I
10. To provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance. and
the establishment of adequate reserves. Revenue accumulated over and above that needed to pay operating and mainte-
nance, debt service and reserves may only be retained or used to make cayments on the loan. Revenue cannot be used
to pay any expenses which are not directly incurred for the facl1lty ced by FmHA. No free service or use of the
facility wlli be permitted.
11. To acquire and maintain such Insurance and fidelity bond coveraae IS may be required bv the Government.
12. To establilh and maintain suc:h boob and .. ... i;:S relatin& to the 'operation of the facUlty and Its fmancial affairs and to
provide for required audit thereof IS 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
tbne require.
13. To provide the Government at aU reasonable thnes access to aU books and records relating to the facUlty and access to
the property of the system so that the Government may ascertain that the Association Is complying with the provisions
hereof and of the Instruments incident to the malting or insuring of the loan.
14. That If the Government requires that a reserve account be established and maintained. disbursements from that account
may be used when necessary for payments due on the bond If sufficient funds are not otherwise available. With the prior
written approval of the Government. funds may be withdrawn for:
(a) Paying the cost of repairing or replacing any dama. to the facUlty caused by catastrophe.
(b) Repairing or replacing short-lived assets.
(c) Making extensions or Imp.... I......ents to the facUity.
Any time funds are disbursed from the reserve account, additional deposits will be required untl1 the reserve account has
reached the required funded level.
IS. To provide adequate service to aU persons within the service area who can feasibly and legally be served and to obtain
FmHA's concurrence prior to refUsing new or adequate services to such persons. Upon failure to provide services which
are feasible and legal, such person shaU 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 facUity's construction or operation.
17. To accept a grant in IIJI amount not to exceed S 1.674.000.00
under the terms 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 aU 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 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 IIJId the Government or assignee I
The vote was: Yeas 5 Nays 0 Absent 0
IN WITNESS WHEREOF, the Board of Commissioners of the
Northwest Water and Sewer District of Harnett County has duly adopted this resolution and caused it
to be execu ted by the officers below in duplicate on this 4th day of June , 19.22.....
Northwest Water and Sewer District
7{~ Jt /H.u.ro.J -
(SEAL) By
A""'~C~ '-I,J. '-{/'~'HV-<I Titl.. Chairman
TIt!.. Clerk 0
.3-
CERTIFICATION TO BE EXECUTED AT LOAN CLOSING
I, the undersigned, as Clerk of the Northwest Water and Sewer District
hereby certify that the Board of Commissioners of such Association is composed of
5 members, of whom , constituting a quorum. were present at a meeting thereof duly called and
held on the 4th day of June , 19 .2.Q...; and that the foregoing resolution was adopted at such meeting
by the vote shown above, I further certify that as of June 25. 1990
the date of closing of the loan from the Farmen Home Administration, said resolution remains in effect and has not been rescinded or
amended in IIJIY way.
Dated, this 25th day of June . 19...2i.
4~ -r d {~1lLL.- ~' I
Title Clerk
.U.S.OPO: Il18O-o-717 -014/22842
347
DOCUMENT NO.8.
RESOLUTION
I Be it Resolved by the Board of Commissioners of the County of
Harnett, sitting as the governing body of the Northwest Water and
. Sewer District of Harnett County, that the Loan Resolution, Form
PmHA 1942-47 adopted by the Board March 15, 1988, is hereby
rescinded.
Duly adopted the 4th day of June, 1990 upon motion made by
commissioner Collins , seconded by Commissioner
Smith and adopted by the following vote:
AYES 5 NOES 0 ABSTAINED 0 ABSENT 0
BOARD OF COMMISSIONERS OF
THE ",'...'u~i1...A OF }lAR..i1.:..... ,
sitting as the governing
body of the Northwest Water
and Sewer District of
Harnett County
~);; ~~ -
By:
1.1 yd I . Stewart, Chairman
ATTEST:
I '1,C~./ '{ ,( I, 't./\ ~ ( "-7 <
Vanesea W. Young, cl'lrk. 1t:P
the Board and of th
Northwest Water and Sewer
District of Harnett County
DOCUMENT NO.9.
.
"SOLUTIO. AU'.rJIORIII.G BDCftIO. or
D'DR PUltCIWIB COIl'lltACT WIft
ftB IIOR'fIIUH MftROJIOLl'1U 'DDR DlSftI~
or II.UUIBft ,..Dmrn AlII) IIARIIft'r ,..DUII"ft
WHEREAS, the Harnett County Board of Commissioners, sitting
as the governing body of the Southwest Water and Sewer District of
Harnett County (hereinafter "District"), has examined the Water
Purchase Contract between the Northeast Metropolitan Water District
of Harnett County, the County of Harnett (hereinafter "County") and
the District, attached hereto as Exhibit "AN; and
WHEREAS, District is in need of treated water for its
customers as fully described in said Water Purchase Contract and
I desires to enter into said contract as provided;
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners, sitting as the governing body of the Southwest Water
and Sewer District of Harnett County, that:
1- Southwest Water and Sewer District of Harnett County is
hereby authorized to and shall enter into the Water Purchase
Contract attached hereto as Exhibit "A".
2. The Southwest Water and Sewer District of Harnett County
and its officers and agents are hereby directed to execute said
Water Purchase Contract.
348 ,
Duly adopted this 4th day of June, 1990, upon motion made by
Commissioner Shaw seconded by Commissioner
,
Hudson and passed by the following vote:
AYES 5 NOES 0 ABSTAINED 0 Aax...... 0
HARNETT COUNTY BOARD OF COMMISSIONERS I
sitting as the governing body of the
SOUTHWEST WATER AND SEWER DISTRICT
OF HARNETT Cv'u~,,,,.1.
By: ~J )d~~~'
L yd/G. Stewart, Chairman
ATTEST:
~ 'ILl ~
t:l.,,~ ,. J..-y..f/
Vanessa w. Young, erkJto
the Board and of t e Southwest
Water and Sewer District of
Harnett County
EXHIBIT A
NORTH CAROLINA
WATER PURCHASE CONTRACT
HARNETT COUNTY
THIS CONTRACT for the sale and purchase of water is entered into a8 of
the day of , 19 -' between the NORTHEAST METROPOLITAN
WATER DISTRICT OF HARNETT COUNTY (hereinafter "Northea8t Metro"), and the
COUNTY OF HARNETT (hereinafter "County"), said Northeast Metro and County I
shall be collectively referred to herein as "Seller" and the SOUTHWEST
WATER AND SEWER DISTRICT OF HARNETT, (hereinafter "Purchaser")
!! ! 1: !i ! ~ ~ ! 1: !ir
THAT WHEREAS, the Purchaser is a County and Water and Sewer District,
duly organized and existing pursuant to the provisions of Article 6,
Chapter 162A of the North Carolina General Statutes and by that certain
Resolution dated October 17, 1988 and adopted by the Harnett County Board
of Commissioners entitled "Resolution Creating the Southwest Water and
Sewer District of Harnett County", and
WHEREAS, Northeast Metro is a metropolitan water district organized
and existing under the laws of the State of North Carolina, and
WHEREAS, County is a body politic organized and existing under the
laws of the State of North Carolina, and
WHEREAS, the Purchaser is organized and established for the purpose of
constructing and operating a water supply distribution system serving water
users within the area described in plans now on file in the Office of the
Purchaser and to accomplish this purpose, the Purchaser will require a
supply of treated water, and
WHEREAS, Northeast Metro owns a water production system and a water
supply distribution system, and County, is operator thereof under that I
certain Lease dated May 30, 1980, entered into between Northeast Metro and
County, and
WHEREAS, the water production system and water supply distribution
system of Seller (Northeast Metro and County as de8cribed above) has a
capacity currently capable of serving the present customers of the Seller's
system, the estimated number of water U8ers to be served by the said
Purchaser as shown in the plans of the system now on file in the office of
.
the Purchaser, and
349
WHEREAS, by Resolution entitled "Resolution Authorizing Execution of
Water Purchase Contract with the Southwest Water and Sewer District of
I
Harnett County" , duly adopted by the District Board of the Northeast
Metropolitan Water District of Harnett County at its meeting on
the sale of said water to the Purchaser as provided herein
,
was approved, and the execution of this contract by Northeast Metro was
duly authorized, and
WHEREAS, by Resolution entitled "Resolution Authorizing Execution of
Water Purchase Contract with the Southwest Water and Sewer District of
Harnett County", duly adopted by the Harnett County Board of Commissioners
at its meeting on , the sale of said water to the Purchaser as
provided herein was approved, and the execution of this contract by County
was duly authorized1 and
WHEREAS, by Resolution entitled "Resolution Authorizing Execution of
Water Purchase Contract with the Northeast Metropolitan Water District of
Harnett County and the County of Harnett", duly adopted by the Harnett
County Board of Commissioners, sitting as the governing body of the
Southwest Water and Sewer District of Harnett County at its meeting on
, the purchase of said water from the Seller as provided herein
was approved, and the execution of this contract by Purchaser was duly
authorized,
NOW THEREFORE, in consideration of the foregoing and the mutual
I agreements hereinafter set forth,
A. THE SELLER AGREES:
1. (Quality and Quantity) To furnish the Purchaser at the point
of delivery hereinafter specified, during -the term of this contract or any
renewal or extension thereof, potable treated water meeting applicable
pur! ty standards of the Division of Health Services, Department of Human
Resources of the State of North Carolina, in such quantity as may be
required by the Purchaser not to exceed ten million, five hundred thousand
(10,500,000) gallons per month.
2. (Point of Delivery and Pressure) That water will be
furnished at a reasonable constant pressure calculated at fifty (50) pounds
per square inch from an existing twelve (12) inch main supply at a point
located at or near the intersection of State Road 1141 and State Road 1116
within a waterline and/or related appurtenance easement to be acquired by
Purchaser. If a greater pressure than that normally available at the point
of delivery is required by the Purchaser, the cost of providing such
greater pressure shall be borne by the Purchaser. Emergency failures of
pressure or supply due to main supply line breaks, power failure, flood,
fire and use of water to fight fire, earthquake or other catastrophe shall
I excuse the Seller from this provision for such reasonable period of time as
may be necessary to restore service.
3. (Metering Equipment) To furnish, install, operate, and
maintain at its own expense at point of delivery, the necessary metering
equipment, including a meter house or pit, and required devices of standard
type for properly measuring the quantity of water delivered to the
purcha.er and to calibrate such metering equipment whenever requested by
the Purchaser but not more frequently than once every twelve (12) months.
A meter registering not more than two percent (2\) above or below the test
result shall be deemed to be accurate. The previous readings of any meter
disclosed by test to be inaccurate shall be corrected for the three (3)
350
months previous to such test in accordance with the percentage of
inaccuracy found by such tests. If any meter fails to register for any
period, the amount of water furnished during such period shall be deemed to
be the amount of water delivered in the corresponding period immediately I
prior to the failure, unless Seller and Purchaser shall agree upon a
different amount. The metering equipment shall be read on the first day of
each month. An appropriate official of the Purchaser at all reasonable
times shall have access to the meter for the purpose of verifying its
readings.
4. (Billing Procedure) To furnish the Purchaser not later than
the fifth (5) day of each month, with an itemized statement of the amount
of water furnished the Purchaser during the preceding month.
B. THE PURCHASER AGREES:
1. (Rates and Payment Date) To pay the Seller, not later than
the tenth (10) day of each month, for water delivered in accordance with
the following schedule of rates:
a. One thousand five hundred seventy-five dollars
($1,575.00) for the first one million five hundred (1,500,000) gallons,
which amount shall also be the minimum rate per month.
b. One dollar and five cents ($1. 05) per one thousand
(1000 ) gallons for water in excess of one million five hundred thousand
(1,500,000) gallons.
c. It is agreed that the minimum rate per month as stated
in (a) above shall not be applicable unt~l six (6) months after the last I
notices for connection have been mailed to potential water customers of the
Purchaser by the Harnett County Department of Public Utilities, and up to
said time the minimun rate per month becomes applicable, Purchaser shall
pay only for such water as is delivered to Purchaser at the rate of $1.05
(one Dollar and five cents) per 1000 (one thousand) gallons.
2. (Connection Fee) To pay as an agreed cost, a connection fee
to connect the Seller's system with the system of the Purchaser, a sum
equal to the amount of the cost of the installation of the meter, meter
vault and related appurtenances and the cost of the laying and installation
of the necessary pipeline or pipelines to connect the system of the Seller
to the system of the Purchaser at the boundary of the Southwest Water and
Sewer District
3. (Maintenance of Certain Lines) To maintain all water
distribution pipelines which connect the Seller's system to the system of
the Purchaser, said line or lines being located between the meter facility
(described in paragraph A(3) above) and the boundary of the Southwest Water
and Sewer District.
C. It is further mutuallv aQ'reed between the Seller and the
Purchaser as follows:
1. (Term of Contract) That this contract shall extend for a I
term of forty (40) years from the date of the initial delivery of any water
as shown by the first bill submitted by the Seller to the Purchaser and,
thereafter may be renewed or extended for such term, or terms, as may be
agreed upon by the Seller and Purchaser.
2. (Delivery of Water) That thirty (30) days prior to the
estimated date of completion of construction of the Purchaser's water
supply distribution system, the Purchaser will notify the Seller in writing
the date for the initial delivery of water.
351
3. (Water for Testing) When requested by the Purchaser, the
Seller will make available to the contractor at the point of delivery, or
other point reasonable close thereto, water sufficient for testing,
flushing, and trench filling the system of the Purchaser during
I construction, irrespective of . whether the metering equipment has been
installed at that time, at a flat charge of one dollar and five cents
($1.05) per one thousand (1000 ) gallons which will be paid by the
contractor or, on his failure to pay, by the Purchaser.
4. (Failure to Deliver) That the Seller will, at all times,
operate and maintain its system in an efficient manner and will take such
action as may be necessary to furnish the Purchaser with quantities of
water required by the Purchaser. Temporary or partial failures to deliver
water shall be remedied with all possible dispatch. In the event of an
extended shortage of water, or the supply of water available to the Seller
is otherwise diminished over an extended. period of time, the supply of
water to Purchaser's consumers shall be reduced or diminished in the same
ratio or proportion as the supply to Seller's consumers is reduced or
diminished.
S. (Modification of Contract) That the provisions of this
contract pertaining to the schedule of rates to be paid by the Purchaser
for water delivered are subject to modification at the end of every one
(1) year period. Any increase or decrease in rates shall be based on a
demonstrable increase or decrease in the costs of performance hereunder.
I Such costs shall not include increased capitalization of the Seller's water
distribution system except as such costs relate directly to increasing the
capaci ty of services to the Purchaser. Such costs may include increased
capitalization of the Seller's water production facility system. Other
provisions of this contract may be modified or altered by mutual agreement.
6. (Future Water Transmission and Connection) In the event
County and/or Northeast Metro elect to supply and sell water to any
customers or other water distribution systems located outside of the
boundaries of the Southwest Water and Sewer District of Harnett County and
desire to do so by connecting to and transporting water through the water
distribution system of Purchaser, it is agreed that County and/or Northeast
Metro may, at no cost to either, connect to and transport water through the
water distribution system of Purchaser for the purpose of suppling and
selling water to customers or other water distribution systems outside of
the Southwest Water and Sewer District, whether within the County of
Harnett or otherwise. In the event County and/or Northeast Metro should
elect to supply and sell water as stated herein, County and/or Northeast
Metro shall cause a meter to be installed at the connection point and the
cost thereof shall not be borne by Purchaser.
7. (Regulatory Agencies) That this contract is subject to such
I rules, regulations, or laws as may be applicable to similar agreements in
this State and the Seller and Purchaser will collaborate in obtaining such
permits, certificates, or the like, as may be required to comply therewith.
8. (Misce llaneoul) That the construction of the water supply
distribution system by the Purchaser is being financed by a loan made or
insured by, and/or a grant from the United Statel of America, acting
through the Farmers Home Administration of the United States Department of
Agriculture, and the provisions hereof pertaining to the undertakings of
the Purchaser are conditioned upon the approval, in writing, of the State
Director of the Farmers lIome Administration.
352
9. (Successor to the Purchaser) That in the event of any
occurrence rendering the Purchaser incapable of performing under this
contract, any successor of the Purchaser, whether the result of legal
process, assignment, or otherwise, shall succeed to the rights of the
I
Purchaser hereunder.
IN WITNESS WHEREOF, the parties hereto, acting under authority of
their respective governing bodies, have caused this contract to be duly
executed in triple counterparts, each of which' shall constitute an
:
original.
NORTHEAST METROPOLITAN WATER
DISTRICT OF HARNETT COUNTY
By:
Timothy H. McKinnie
Attest: Chairman of the District Board
Vanessa W. Young, Secretary
(SEAL)
COUNTY OF HARNETT
By:
Lloyd G. Stewart, Chairman
Attest: Harnett County Board of Commissioners
Vanessa W. Young, Clerk
(SEAL)
I
. 6
.
DOCUMENT NO. 10. RBSOLU'!IOB AU'RORIIIBG BUcmIOB or
MallAGBMBft co~C'.r WID
BAL,.,.....". COUftY
WHEREAS, the Harnett County Board of Commissioners, sitting
as the governing body of the Southwest Water and Sewer District of
Harnett County (hereinafter -Board-), has examined the Management
Contract between the County of Harnett (hereinafter -County-) and
the Southwest Water and Sewer District of Harnett County, attached
hereto as Exhibit -A-; and
WHEREAS, the Board desires for the District to enter into said
contract as provided;
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners, sitting as the governing body of the Southwest Water
and Sewer District of Harnett County, that:
1. The Southwest Water and Sewer District of Harnett County
is hereby authorized to and shall enter into the Management
Contract attached hereto as Exhibit -A-. I
2. The appropriate officers of said District are hereby
directed to execute said Management Contract.
Duly adopted this 4th day of June, 1990, upon motion made by
Commissioner Collins , seconded by Commissioner Shaw
and passed by the following vote:
AYES 5 NOES 0 ABSENT 0 ABSTAINED 0
HARNETT COUNTY BOARD OF COMMISSIONERS
sitting as the governing body of the
S'''''u,u'.j..:.ST WATER AND SEWER DISTRICT
n1P RJl.DU1l!'I"I' C"...I,.,.. yo - -- ---.-----
353
Exhibit A
NORTH CAROLINA
MANAGEMENT CONTRACT
HARNETT COUNTY
I THIS CONTRACT, made and entered into this the day of
, 1990, by and between THE COUNTY OF HARNETT, a body
politic organized and existing under the laws of the State of North
Carolina (hereinafter called "County") and THE SOUTHWEST WATER AND
SEWER DISTRICT OF HARNETT COUNTY, a municipal corporation organized
and existing pursuant to the provisions of Article 5, Chapter 152A
of the North Carolina General Statutes (hereinafter called
"District");
WIT N ESE T H :
THAT WHEREAS, the County is lessee and operator of a water
production system and a water supply distribution system owned by
the Northeast Metropolitan Water District of Harnett County; and
WHEREAS, County as lessee of said systems has created a Public
Utility Department which conducts the operation of said systems;
and
WHEREAS, the District was organized and established for the
purpose of constructing and operating a water supply distribution
system to serve water users within the District as described in
plans now on file in the Office of the District; and
I WHEREAS, the water supply distribution system of the District
will be constructed with the use of Local funds; and
WHEREAS, the Farmers Home Administration of the United States
Department of Agriculture has agreed to loan the District
sufficient funds to enable the District to finance the construction
of said water supply distribution system; and
WHEREAS, the County's Public Utility Department is fully
capable to conduct the operation and management of the water supply
distribution system of the District; and
WHEREAS, the County and the District have agreed to enter into
this contract for the operation and management of the water supply
distribution system of the District as a County operated system on
a continuing basis and especially for and during the period of the
existence of the Farmers Home Administration loan to the District.
NOW, THEREFORE, the parties do contract and agree each with
the other as follows:
l. That the District's water distribution supply system
referred to above shall be operated and managed by the
County's Public Utility Department as a County operated
water distribution system on a continuing basis and
I especially for a period beginning as of the execution of
this contract and extending until that certain loan
referred to above made by the Farmers Home Administration
to the District has been paid in full, being a period of
at least forty (40) years.
2. That the Harnett County Board of Commissioners, sitting
in the capacity as the governing body of the County
and/or as the governing body of the District, shall
establish and set the rates of charges for the purchase
354
of water and for such other fees, charges, and penalties
as required for the operation of the water distribution
system, with proper cost accounting procedures to
appropriately reflect the cost of these facilities
operated by the County Public Utility Department relative
to the operation of other utility enterprises which are I
or may be carried on by the County Public Utility
Department. Further, the Harnett County Board of
Commissioners, in the capacities stated above, shall
charge such rates for the users of said water
distribution system as will appropriately yield
sufficient funds to meet operation and maintenance
expenses and to pay and retire the long term debt of the
Farmers Home Administration to the District.
3. This contract shall be a continuing contract relative to
the furnishing of the essential water utility services
for the people of the District and this contract shall
exist and continue until the District and the County
shall mutually modify or terminate this contractual
arrangement.
4. That the Harnett County Board of Commissioners agrees to
create an Advisory Council to lend assistance with input
and advice as to the operation and maintenance of the
aforesaid water distribution system by the Harnett County
Board of Commissioners as the governing body of said
District. I
5. That the County shall be entitled to fund or cause to be
funded the construction of any water line to be connected
to the District's system as an extension within or
without the boundaries of the District for the purpose
of serving needy users with water utility services as the
same shall be determined by the Harnett County Board of
Commissioners and that the rates chargeable to such
persons (users) shall be equitably set to properly
reflect cost of operations and maintenance of water
production and supply and further that in the event it
shall become necessary for the District to levy a tax for
the purpose of funding bonded indebtedness of the
District then in such event such rates of any person
(user) outside the boundaries of the District shall be
charged a greater user fee (rate) as will be equivalent
to such needed property tax as may be levied; provided,
if a tax levy is made, then such user charge for out-of-
district users shall not be less than 150\ of the user
charge of users of the District. It is understood and
agreed that the District shall have no obligation to I
extend its water lines outside of the District's
boundaries.
6. That the County will manage and operate the water supply
distribution system on an annual budget with the setting
of rates on an annual basis as approved by the District's
governing body with proper input and advice from the
Advisory Council, which budget shall provide and set
forth the handling of the funds such that a reserve fund,
depreciation fund, debt payment fund, and surplus fund
for the District shall be distinguishable, and further
~_._----~~---~- - ---_._~----.
355
that the County shall maintain a system of accounts for
the County Utility Department which will appropriately
I account for the various operations of the Utility
Department, specifically so that all costs relative to
the operation of the water supply distribution system
will be separately stated; the County shall further
maintain insurance and bonds as required by state law and
that the County shall properly contract with a certified
public accountant for annual audits of the Utility
Department and that further the County shall comply with
all federal, state and local laws and regulations
relative to the operation of the water supply
distribution system.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed as authorized by the Harnett County Board
of Commissioners sitting as the governing body of the County and
the District, all the day and year first above written.
THE COUNTY OF HARNETT
By:
Lloyd G. Stewart, Chairman
Harnett County Board of
Commissioners
I ATTEST:
Vanessa W. Young, Clerk
SOUTHWEST WATER AND SEWER
DISTRICT OF HARNETT COUNTY
By:
Lloyd G. Stewart, Chairman
Harnett County Board of
Commissioners, sitting as
the governing body of the
Southwest Water and Sewer
District of Harnett County
ATTEST:
Vanessa W. Young, Clerk to
the Board and of the Southwest
Water and Sewer District of
Harnett County
I
356
DOCUMENT NO. 11.
RBSOLftIOR APPROVIRG PLUlS I
FOR CORSftU=IOR OP 1IAHR DISftIBftIOR S'fSftM -
8OU'.fIIIIBS!r 1IAHR UD S.... DISftI= OP IUUUIBft ......UJI!r'f
WHEREAS, the Harnett County Board of Commissioners, sitting
as the governing body of the Southwest Water and Sewer District of
Harnett County (hereinafter the MBoardM) desires to move forward
towards construction of the water distribution system in the
District; and
WHEREAS, the District engineers have submitted plans to the
District for the said water distribution system; and
WHEREAS, the Harnett County Public Utilities Department has
reviewed said plans, and reports that the same are acceptable, and
recommends that said plans be approved by the Board; ;and
WHEREAS, the Board now desires to approve said plans;
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners, sitting as the governing body of the Southwest Water
and Sewer District of Harnett County, that:
The plans and specifications for the water distribution system
of the Southwest Water and Sewer District of Harnett County
submitted to said District by the District's Engineers and I
designated as Black & Veatch Project No. 15973.300 shall be and are
hereby approved, subject to any minor changes necessary to
implement construction of said water distribution system.
Duly adopted this 4th day of June, 1990, upon motion made by
Commissioner Shaw , seconded by Commissioner
Collins and passed by the following vote:
AYES l\ NOES 0 ABSTAINED 0 ABSENT 0
HARNE'1"l' COt....~..J. BOARD OF COMMISSIONERS
sitting as the governing body of the
SOUTHWEST WATER AND SEWER DISTRICT
OF HARNE'1"l' CUU"~J.
By: ~ 1; 4!a.A .
o G. Stewart, Chairman
AT'l'EST:
~ -vJ. iAUAr(.
Vanessa W. Young, ~erk 0 the
Board and of the S thwest
Water and Sewer District of
Harnett County
I