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HomeMy WebLinkAbout02201989 (4)227 SOUTHWEST WATER & SEWER DISTRICT MEETING, FEBRUARY 20, 1989 CALL TO ORDER BOND- ORDER The Harnett County Board of Commissioners sitting as the governing body of Southwest Water and Sewer District of Harnett County met February 20, 1989, 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. Chairman Stewart called the meeting to order at 10 p.m. Attorney John M. Phelps, II, introduced the following bond order which was read at length: "BOND ORDER AUTHORIZING THE ISSUANCE OF $4,500,000 WATER BONDS OF THE SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY" WHEREAS, the Board of Commissioners of the County of Harnett, sitting as the governing body of the Southwest Water and Sewer District of Harnett County, deems it advisable to make the improvements hereinafter described; and WHEREAS, the Board has caused to be filed with the Secretary of the Local Government Commission of North Carolina an application for Commission approval of the bonds hereinafter described as required by The Local Government Finance Act, and the Secretary of the Local Government Commission has notified the Board that the application has been filed and accepted for submission to the Local Government Commission; NOW, THEREFORE, BE IT ORDERED by the Board of Commissioners of the County of Harnett, sitting as the governing body of the Southwest Water and Sewer District of Harnett County, as follows: Section 1. The Board of Commissioners of the County of Harnett, sitting as the governing body of the Southwest Water and Sewer District of Harnett County, has ascertained and hereby determines that it is necessary to provide water facilities within and without the corporate limits of the District, including acquisition and construction of storage tanks and distribution lines, and the acquisition and installation of necessary machinery and equipment and the acquisition of land or rights -in -land required therefor, and to pay capital costs of such improvements. Section 2. In order to raise the money required to pay capital costs of providing the improvements as set forth above, in addition to any funds which may be made available for such purpose from any other sources, bonds of the Southwest Water and Sewer District of Harnett County are hereby authorized and shall be issued pursuant to The Local Government Finance Act of North Carolina. The maximum aggregate principal amount of said bonds authorized by this bond order shall be $4,500,000. 228. Section 3. A District tax sufficient to pay the principal of and interest on said bonds when due shall be annually levied and collected. The revenues of the facilities hereinbefore described may be pledged to the payment of the interest on and principal of said bonds if and to the extent that the Board shall hereafter determine by resolution prior to the issuance of said bonds. In such event, the tax to pay the principal of and interest on said ,bonds may be reduced by the amount of such revenues available for the payment of such principal and interest. Section 4. A sworn statement of the District's debt has been filed with the clerk of the Board of Commissioners and of the District and is open to public inspection. Section 5. This bond order shall take effect when approved by the voters of the District at a referendum. Commissioner Hudson moved the adoption of the following resolution: WHEREAS, the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $4,500,000 WATER BONDS OF THE SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY," has been introduced at the meeting of the Board of Commissioners of Harnett County, sitting as the governing body of the Southwest Water and Sewer District of Harnett County, held on February 20, 1989 and the Board desires to provide for the holding of a public hearing thereon and the submission of a statement of debt in connection therewith as required by The Local Government Bond Act; NOW, THEREFORE, BE IT. RESOLVED by the Board of Commissioners of Harnett County, sitting.as the governing body of the Southwest Water and Sewer District of Harnett County, as follows• (1) The public hearing upon said bond order shall be held on the 6th day of March, 1989 at 7:00 o'clock, P.M. at Harnett County Office Building , in. Lillington , North Carolina. (2) The Clerk of the Board of Commissioners and of the District is hereby directed to cause a copy of the bond order to be published with a notice of - thehearing in the form prescribed by law in a qualified newspaper no fewer than six days prior to such public hearing. (3) The District's Finance Officer is hereby directed to file with the Clerk of the Board of Commissioners and of the District prior to publication of the bond order with the notice of the public hearing, a statement setting forth the debt incurred or to be incurred, the appraised value of property subject to taxation by the District and the net debt of the District. The motion was seconded by and was adopted by the following vote: AYES: S NAYS: 0 Commissioner Shaw 229 RESOLUTION RE: ABSENTEE VOTING Attorney John M. Phelps, II, introduced the following resolution providing for absentee voting in elections held in the Southwest Water and Sewer District of Harnett County: RESOLUTION PROVIDING FOR ABSENTEE VOTING IN ELECTIONS HELD IN THE SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY WHEREAS, pursuant to the provisions of Article 6, Chapter 162A of the General Statues of North Carolina, the Harnett County Board of Commissioners (hereinafter "the Board ") did, on October 17, 1988 create the Southwest Water and Sewer District of Harnett County; and WHEREAS, the Board now sits as the governing body of the Southwest Water and Sewer District of Harnett County (hereinafter "the District "); and WHEREAS, from time to time, elections including Bond referendums, may be held in the District, and such elections are to be conducted by the Harnett County Board of Elections; and WHEREAS, N. C. Gen. Stat. 5163 -302 provides that absentee voting may be allowed in the District; and WHEREAS, the Board finds that it is in the best interest of the District to provide for absentee voting in the District elections and referendums. 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, as follows: 1. Absentee voting is hereby permitted in all elections and /or referendums to be held in the District as provided in N. C. Gen. Stat. 8163 -302. 2. The Clerk to the Board is hereby directed to cause a copy of this Resolution to be filed with the State Board of Elections and the County Board of Elections within ten (10) days of the date of its passage. 3. The District, and its officers, agents and attorneys are hereby directed to take any further actions as may be required to perform the matters and things directed by the Resolution. Duly adopted this 20 day of February, 1989, upon motion made by Commissioner Collins , seconded by Commissioner Smith and passed by the following vote: Ayes 5 Noes 0 By: Vanessa W. Youn•, C1'rk to the Board an of the Southwest Water and Sewer District of Harnett County Absent 0 Abstained 0 HARNETT COUNTY BOARD OF COMMISSIONERS, Sitting as the governing body of the Southwest Water and Sewer District of Harnett County loyd G. Stewart, Chairman 230 RESOLUTION RE WATER USER - AGREE. Attorney John M.`Phelps, II, introduced the following resolution authorizing Water User agreements and initial hook- up connection fees which was read at length: RESOLUTION AUTHORIZING WATER USER AGREEMENTS AND INITIAL HOOK UP CONNECTION FEES (SOUTHWEST WATER AND SEWER DISTRICT) WHEREAS, the Harnett County Board of Commissioners, sitting as the governing body of the Southwest Water and Sewer District of Harnett County (hereinafter "the Board ") desires to proceed with its plans to provide water services in the Southwest Water and Sewer District of Harnett County (hereinafter "the District "); and WHEREAS, in order to proceed with its plans, the Board has determined that the District must first contract to provide water services to a sufficient number of customers within the. District so as to make construction of a water system therein economically feasible, and WHEREAS, attached hereto as "Exhibit A" is a Residential Water User Agreement which has been recommended to be used by the District in contracting with water customers; and WHEREAS, the Board desires to adopt and authorize the use of the referenced Residential Water User Agreement for the purpose described; and WHEREAS, in order to raise the local funds necessary to implement the water construction project, a tap -on or connection fee must be charged to water customers; and WHEREAS, the Board desires to make provisions for a tap -on or connection fee for the District in a reduced amount so as to provide an incentive to the people in the District to contract for. the District's water service; and WHEREAS, the Board finds that a fair and equitable fee to be charged during the initial contracting or early sign up period shall be One Hundred ($100.00) Dollars; and WHEREAS, the Board now desires to adopt such fee as the District's initial hook up or early sign up tap -on or connection fee. 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, as follows: 1. That the Residential Water User Agreement attached hereto as "Exhibit A" is hereby adopted for use by the District in contracting to provide water services to customers therein. 2. That the Director of the Harnett County Department of Public Utilities is hereby authorized to execute such Residential Water User Agreements on behalf of the District. 3. That the early sign up or initial hook up reduced tap -on or connection fee for the District be One Hundred ($100.00) Dollars. Duly adopted this 20 day of February, 1989, upon motion made by Commissioner Collins , seconded by Commissioner Smith and passed by the following vote: Ayes S Noes 0 Absent 0 Abstained 0' ATT T: Vanessa W. Young, to the Board and ., lore f the / A411L '1" d i. Stewart, Chairman HARNE T COUNTY BOARD OF COMMISSIONERS, Sitting as the governing body of the Southwest Water and Sewer District of Harnett County 231 EXHIBIT A Southwest Water and Sewer District of Harnett County RESIDENTIAL WATER.USER AGREEMENT (Initial Hookup - Reduced Rate) User's Mailing Address: Name Street, Route or P.O. Box City or Town, State, Zip Number of Persons Living in Household AMOUNT PAID RECEIPT NO. RECEIPT NO. PROPERTY NO. CUSTOMER NO. LANDLORD NAME /NO. This Agreement, made and entered into this the day of , 19 , between the Southwest Water and Sewer District of Harnett County, (hereinafter "District ") and (hereinafter "User") a potential user of the water system owned and operated by the District. W I T N E S S E T H: The District, in connection with the Harnett County Department of Public Utilities, is planning to construct and thereafter operate a water supply and distribution system (hereinafter "water system ") to serve areas within the District. It is the desire of the District to serve as many individuals as may be economically feasible. Construction of the water system is contingent, among other things, upon the District obtaining funding for the costs of construction. In order for the District to move forward with the planning for the water system, it is necessary for the District to obtain commitments from a sufficient number of individuals and /or property owners to connect to and use the water system. By signing this Agreement, in the event the water system is constructed, the User named above agrees to connect such User's residence, business or other building to the water system and agrees to thereafter use such system for User's water source. However, in the event the water system is not constructed, then neither the District, nor the User named shall be obligated hereunder. NOW THEREFORE, In consideration of the mutual promises herein set forth, it is agreed by District and User as follows: A. It is mutually understood by User and District that in the event an adequate number of water users for the District is not obtained or for other reasons construction of the water system is not begun or a water distribution line is not available to the User, then neither District nor User shall be bound hereunder. B. The property which is the subject of this Agreement and to which water shall be supplied as provided is described as follows: C. User agrees to pay to District the amount of One Hundred ($100.00) Dollars per connection as a tap -on charge, said amount being due after notice to User by District. The notice shall be given after funding commitments for the costs of construction of the District's water system are obtained, and shall be mailed to User by first class mail at the address indicated above. In the event that construction of the water system does not follow as anticipated or a water distribution line is not available to User, District shall refund the tap -on charge to User, without interest, and the provisions of paragraph D(12) will become inoperable. D. In the event that the water system is constructed and a water distribution line is available to the User and the property described, then the following agreements shall apply: 1. District, pursuant to its Rules and Regulations, agrees to provide a water service connection on the above described property and upon completion of the construction of the system and the commencement of the operation thereof, to provide potable water to the User. 2. User agrees to pay to District the amount of Ten Dollars ($10.00) as a deposit, as required by the District Rules and Regulations, which deposit may be returned without interest as provided by said Rules and Regulations. Said deposit shall be due 30 days after notice to User by District and such notice shall be given by first class mail to User at the mailing address indicated hereon. Should this agreement be for rental property, the amount of the deposit, as set forth in the said Rules and Regulations, shall be Twenty -five ($25.00) Dollars. Said deposit shall be paid by or on behalf of the tenant prior to commencement of water service. Additionally, prior to commencement of water service, the tenant must complete and file a tenant water application. 232 3. User grants the District, its successors and assigns, a perpetual easement in, over, under, and upon the above described land with the right to erect, construct, intall, lay and thereafter use, operate, inspect, repair, maintain, replace and remove water lines, meters, meter service facilities and appurtenant facilities thereon, together with the right of ingress and egress over adjacent land for the purposes mentioned above. 4. User shall install and maintain at User's own expense a 3/4 inch cut-off valve on the User's side of the District's water meter and a service line which shall begin at the meter and extend to the dwelling or place of use. The service line shall connect with the water system of the District at the nearest place of desired use by the User, provided the District has determined in advance that the District water system is of sufficient capacity to permit the delivery of water at that point. - 5. User agrees to comply with all requirements, rules and regulations applicable to water users adopted by the Division of Health Services of North Carolina Department of Human Resources. User further agrees that upon and after the date a plumbing connection is made between the User and the District, User shall allow no cross connection to exist between the District's system and any pipeline containing a- contaminant or any pipeline connected to other present or future sources of water. 6. User agrees to pay for water at such rates, time, and place as shall be determined by the District and agrees to the penalties for non - compliance with the above, as set out in the District's Rules and Regulations. 7. It is understood that after the date water is made available to the User, District shall notify User of such fact. Such notice shall set forth the details regarding the making of the plumbing connection, and shall provide information concerning User's obligations with respect to obtaining applicable inspections and permits regarding the plumbing connection. User shall then have sixty (60) days from the date of such notification to make the plumbing connection from the place of use on the above described property to the District's system. Charges for water shall commence on the date that the plumbing. connection is completed, but in no event later than the end of the sixty (60) day period. That is to say, if the plumbing connection is not completed by the end of the sixty (60) day period, user charges shall commence and User shall be obligated to pay the . minimum user bill from and after the end of such period, regardless of whether water is being supplied to User. 8. User agrees to abide by the Rules and Regulations of the District as from time to time promulgated by the District or the Harnett County Board of Commissioners, and further agrees to abide by such other Harnett County ordinances, rules and regulations with respect to water service connections, as are adopted by the Harnett County Board of Commissioners. Additionally, User agrees to obtain the necessary inspections and permits related to water service connections as required by the Inspections Section of the Harnett County Planning and Development Department. 9. District shall purchase and install a cutoff valve and water meter for each service. The District shall own said meter and shall have the exclusive right to use it. 10. User agrees that there .shall be one water connection for each building or structure requiring water connections on the above described property. A tap -on charge shall be due for each such connection. 11. District shall have final jurisdiction on any question of location of any service line •connection to its distribution system; shall determine the allocation of water to User in the event of a water shortage and may shut off water to User if User allows a connection or extension to be made to User's service for the purpose of supplying water to another user. 12. In the event User breaches this agreement by refusing or failing, without just cause, to connect to the District's distribution system as set forth, User agrees to pay District $500.00 liquidated damages; and in the event User transfers title or agrees to transfer title to the above described property, before or after such connection, User agrees that this agreement shall run with the property title thereto and agrees to advise the new owner with respect hereto and furnish new owner a copy hereof. 13. After District has executed this Agreement, a copy shall be provided to User by mailing to the User's address as indicated above. Signed by User this day of , 19_ User User 1989. Witness Signed by District this day of SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY 233 RESOLUTION RE: APPLICATION TO FmHA .:. ADJOURNMENT • A' .y•jG. Stewart, Chairman Attorney John M. Phelps,, II, introduced the following resolution authorizing funding application to Farmers Home Administration for Water Facilities Project: RESOLUTION AUTHORIZING FUNDING APPLICATION TO FARMERS HOME ADMINISTRATION FOR WATER FACILITIES PROJECT (Southwest Water and Sewer District) WHEREAS, the Harnett County Board of Commissioners, sitting as the governing body of the Southwest Water and Sewer District of Harnett County (hereinafter "the Board ") has heretofore caused preapplication to be filed with the Farmers Home Administration of the United States Department of Agriculture (hereinafter "FmHA ") for the purpose of obtaining funding to provide water facilities within the Southwest Water and Sewer District of Harnett County (hereinafter "the District "); and WHEREAS, said preapplication requested funding from FmHA in the amount of $3,760,000; and WHEREAS, FmHA has reviewed said preapplication, and in response thereto has suggested that the District file a formal application for said funding; and WHEREAS, it is the desire of the Board to make said formal application and to cause the same to be filed pursuant to the requirements of the FmHA. 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 as follows: 1. That the District file formal application with the FmHA for the purpose of obtaining funding for the water facilities project in the District. 2. That said application be made requesting funding in such amount as may be required to provide said water facilities in an economically feasible manner. 3. That the officers, and appropriate representatives of the District are directed to take such actions, and execute such documents and papers as are required to effectuate the filing of said Application. Duly adopted this 20 day of February, 1989, upon motion made by Commissioner Hudson , seconded by Commissioner Shaw and passed by the following vote: Ayes 5 Noes 0 Absent 0 Abstained Lary' G.7Stewar , Chairman HA' ETT OUNTY BOARD OF COMMISSIONERS, Sitting as the governing body of the Southwest Water and Sewer District of Harnett County Attest: 2'a �.�� ZAP• (/leu.�.,,��-cG Vanessa W. Young, /Clerd! to the Board and of he Southwest Water and Sewer District of Harnett County There being no further business, the Southwest Water and Sewer District meeting, February 20, 1989, duly adjourned at 10:15 p.m. L1 Kay S.Q Blanchard, Secretary ��essay W You C� 234 SOUTH CENTRAL WATER &, SEWER DISTRICT MEETING, FEBRUARY 20, 1989 CALLTO ORDER BOND`ORDER The Harnett County Board of Commissioners sitting as the governing body of South Central Water and Sewer District of Harnett County met February 20, 1989, 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. Chairman Stewart called the meeting to order at 10:15 p.m. Attorney John M. Phelps,'.I1, introduced the following bond order which was • read at length. "BOND ORDER AUTHORIZING THE ISSUANCE OF $2,769,000 WATER REFUNDING BONDS OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY" WHEREAS, the South Central Water and Sewer District of .Harnett County has issued Water Bonds, dated June 13, 19887 and WHEREAS, as of March 9, 1989 $2,769,000 of. -such bonds . Will be outstanding (the "Outstanding Bonds "); and WHEREAS, the Board of Commissioners of the County of Harnett, sitting as the governing body of the South Central Water and Sewer District of Harnett County, deems it advisable to refund the Outstanding Bonds pursuant to and in accordance with The Local Government Finance Act; and WHEREAS, an application has been filed with the Secretary of the Local Government Commission of North Carolina requesting Commission approval of the Bonds hereinafter described as required by The Local Government Finance Act, and the Secretary of the Local Government Commission 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 of Commissioners of the County of Harnett, sitting as the governing body of the South Central Water and Sewer District of. Harnett County (the "District "), as follows: Section 1. The Board of Commissioners of the County of Harnett, sitting as the governing body of the District, has ascertained and hereby determines that it is advisable to refund the Outstanding Bonds. Section 2. In order to raise the money required to refund the Outstanding Bonds as set forth above, in addition to any funds which may be made available for such purpose from any other source, 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 bonds authorized by this bond order shall be $2,769,000. Section 3. A tax sufficient to pay the principal of and interest on said bonds when due shall be annually levied and collected. Section 4. A sworn statement of the District's debt has been filed with the Clerk of the Board of Commissioners and of the District and is open to public inspection. Section 5. This bond order shall take effect upon its adoption. Commissioner Smith moved the adoption of the following resolution: 235 ADJOURNMENT WHEREAS, the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $2,769,000 WATER REFUNDING BONDS OF THE SOUTH CENTRAL WATER AND SEWER.DISTRICT OF HARNETT COUNTY," has been introduced at the meeting of the Board of Commissioners of the County of Harnett, sitting as the governing body of the South Central Water and Sewer District of Harnett County, held on February 20, 1989 and the Board of Commissioners of the County of Harnett, sitting as the governing body of the South Central Water and Sewer District of Harnett County, desires to provide for the holding of a public hearing thereon and the submission of a statement of debt in connection therewith as required by The Local Government Bond Act; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett, sitting as the governing body of the South Central Water and Sewer District of Harnett County, as follows: (1) The public hearing upon said bond order shall be held on the 14 day of March, 1989 at 7 o'clock p .M., at Harnett County Office Building in Lillineton , North Carolina. (2) The Clerk of the Board of Commissioners and of the District is hereby directed to cause a copy of the 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 prior to such public hearing. (3) The District's Finance Officer is hereby directed to file with the Clerk of the Board of Commissioners and of the District prior to publication of the bond order with the notice of such public hearing, a statement setting forth the debt incurred or 6 be incurred, the appraised value of property subject to taxation by the District and the net debt of the District. The motion was seconded by Commissioner Shaw and was adopted by the following vote: AYES: 5 NAYS: 0 There being no further business, the South Central Water and Sewer District meeting, February 20, 1989, duly adjourned at 10:30 p.m. 1 a Stewart, Chairman 1 d . Stewart, Chairman Kay S. Blanchard, Recording Secretary flo-/ - it Vanessa W. Young, rkkreShe Board