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HomeMy WebLinkAbout2009/11/16 BOND ORDER AUTHORIZING THE ISSUANCE OF $42,000,000 GENERAL OBLIG WATER & SEWER BONDS OF THE SC WATER & SEWER DIST OF HCEXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS A Regular Meeting of the Board of Commissioners (the "Board ") of the County of Harnett, North Carolina, was held on Monday, November 16, 2009, at 7:00 p.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, Timothy B. McNeill, Chairman of the Board presiding and the following Commissioners present: Commissioners Present: Chairman Timothy B. McNeill Vice Chairman Beatrice Hill Commissioner Gary House Commissioner Jim Burgin Commissioner Dan Andrews Commissioners Absent: none The following bond order has been previously adopted by the Board, sitting as the governing body of the South Central Water and Sewer District of Harnett County: BOND ORDER AUTHORIZING THE ISSUANCE OF $42,000,000 GENERAL OBLIGATION WATER AND SEWER BONDS OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, NORTH CAROLINA WHEREAS, the South Central Water and Sewer District of Harnett County (the "District') desires to raise $42,000,000 to provide for the costs incurred in the construction, equipping, renovation and furnishing of a centralized wastewater collection system within the District, including, but not limited to, the acquisition of pumping stations, the upgrading of a wastewater treatment plant and the installation of gravity collection lines and forcemain; and WHEREAS, an application has been filed with the Secretary of the Local Government Commission of North Carolina requesting Commission approval of the general obligation water and sewer bonds hereinafter described as required by the Local Government Bond Act, and the Clerk to the Board of Commissioners of the County of Harnett sitting as the governing body of the District (the "Board ") has notified the Board that the application has been accepted for submission to the Local Government Commission. PPAB 1602199v2 NOW, THEREFORE, BE IT ORDERED by the Board, as follows: Section 1. In order to raise the money required for the construction, equipping, renovation and furnishing of the wastewater collection system described above, in addition to any funds which may be made available for such purpose from any other source, general obligation water and sewer bonds of the District are hereby authorized and shall be issued pursuant to the Local Government Finance Act of North Carolina. The maximum aggregate principal amount of such general obligation water and sewer bonds authorized by this order shall be $42,000,000. Section 2. A tax sufficient to pay the principal of and interest on said general obligation water and sewer bonds when due shall be annually levied and collected. Section 3. A sworn statement of the District's debt has been filed with the Clerk to the Board and is open to public inspection. Section 4. This bond order shall take effect when approved by the voters of the County at a referendum scheduled for February 4, 2003. After the introduction of the previously adopted bond order, Chairman McNeill introduced the following resolution, a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board and which was read by title: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, CALLING A PUBLIC HEARING ON EXTENSION OF A BOND ORDER AND DIRECTING PUBLICATION OF NOTICE OF SAID PUBLIC HEARING WHEREAS, a bond order entitled: "BOND ORDER AUTHORIZING THE ISSUANCE OF $42,000,000 GENERAL OBLIGATION WATER AND SEWER BONDS OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, NORTH CAROLINA;" AND was adopted on December 2, 2002 by the Board of Commissioners (the "Board ") of the County of Harnett, North Carolina (the "County"), sitting as the governing body of the South Central Water and Sewer District of Harnett County (the "District "), and became effective on approval by a majority of the voters who voted thereon at a special referendum duly called and held on February 4, 2003. WHEREAS, the District's request for a three -year extension for the remaining $32,247,000 of the authorization under the bond order was formally approved by the Local Government Commission on November 2, 2009, and the Board desires to provide for the holding of a public hearing on December 7, 2009 on the question of whether the maximum time period for issuing bonds under the bond order should be extended from seven years to ten years after February 4, 2010, as required by the Local Government Bond Act. NOW, THEREFORE, BE LT RESOLVED by the Board, sitting as the governing body of the District, as follows: PPAB 1602199v2 I. The public hearing on extension of said bond order shall be held on the 7th day of December, 2009 at 9:00 a.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina. 2. The Clerk to the Board is hereby directed to cause a copy of said bond order to be published with a notice of such hearing in the form prescribed by law in a qualified newspaper no fewer than six days before such public hearing. On motion of Commissioner House, seconded by Vice Chairman Hill, the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, CALLING A PUBLIC HEARING ON EXTENSION OF A BOND ORDER AND DIRECTING PUBLICATION OF NOTICE OF SAID PUBLIC HEARING" was duly adopted by the following vote: Ayes: five Nays: none PPAB 1602199v2 STATE OF NORTH CAROLINA ss: COUNTY OF HARNETT 1, Margaret Regina Daniel, Acting Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, CALLING A PUBLIC HEARING ON EXTENSION OF A BOND ORDER AND DIRECTING PUBLICATION OF NOTICE OF SAID PUBLIC HEARING" adopted by the Board of Commissioners of the County of Harnett, North Carolina at a meeting held on the 16th day of November, 2009. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 16 day of November, 2009. PPAB 1602199v2 "-lerk to the Bd lyd of Commissioners of Hamett, North Carolina NOTICE OF PUBLIC HEARING EXTENSION OF BOND ORDER AUTHORIZING THE ISSUANCE OF $42,000,000 GENERAL OBLIGATION WATER AND SEWER BONDS OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, NORTH CAROLINA WHEREAS, the South Central Water and Sewer District of Harnett County (the "District ") desires to raise $42,000,000 to provide for the costs incurred in the construction, equipping, renovation and furnishing of a centralized wastewater collection system within the District, including, but not limited to, the acquisition of pumping stations, the upgrading of a wastewater treatment plant and the installation of gravity collection lines and forcemain; and WHEREAS, an application has been filed with the Secretary of the Local Government Commission of North Carolina requesting Commission approval of the general obligation water and sewer bonds hereinafter described as required by the Local Government Bond Act, and the Clerk to the Board of Commissioners of the County of Harnett sitting as the governing body of the District (the "Board ") has notified the Board that the application has been accepted for submission to the Local Government Commission. NOW, THEREFORE, BE IT ORDERED by the Board, as follows: Section I. In order to raise the money required for the construction, equipping, renovation and furnishing of the wastewater collection system described above, in addition to any funds which may be made available for such purpose from any other source, general obligation water and sewer bonds of the District are hereby authorized and shall be issued pursuant to the Local Government Finance Act of North Carolina. The maximum aggregate principal amount of such general obligation water and sewer bonds authorized by this order shall be $42,000,000. Section 2. A tax sufficient to pay the principal of and interest on said general obligation water and sewer bonds when due shall be annually levied and collected. Section 3. A sworn statement of the District's debt has been filed with the Clerk to the Board and is open to public inspection. Section 4. This bond order shall take effect when approved by the voters of the District at a referendum scheduled for February 4, 2003. The foregoing order took effect on February 4, 2003. Anyone who wishes to be heard on the question of whether the maximum time period for issuing bonds under such order should be extended from seven to ten years after such date may appear at a public hearing or an adjournment thereof to be held in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, at 9:00 o'clock a.m. can the 7th day of December, 2009. A lP Zi fT� PPAB 1602199v2 G0MM1 s•••.. 4, ? f: CO Marga Regina Danier Acting lerk to the Bo of Commissioners Couq of Harnett, North Carolina