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HomeMy WebLinkAbout03051990 205 HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, ~~RCH 5, 1990 The Harnett County Board of Commissioners met in regular session on Monday, Narcl, 5, 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. I Young, Clerk to the Board; and Kay S. Blanchard, Recording Secretary. Chairman Stewart called the meeting to order at 9 a.m. Commissioner Hudson offered the invocation. Commissioner Shaw moved for the approval of the minutes of the regular meeting, February 19, 1990. Commissioner Collins seconded the motion and it passed with a unanimous vote. Ray Stone, Highway Maintenance Engineer, North Carolina Department of Transportation, appeared before the Board to discuss road matters and situations in Harnett County. A petition requesting paving of S.R. 1435 was filed with the Board. The County Manager was directed to forward the petition to the North Carolina Department of Transportation for processing. PROCLAMATION RE: Jane Schumann, Supervisor of Pupil Personnel, Harnett County Schools presented SPECIAL OLYMPICS a proclamation concerning Special Olympics Week in Harnett County. WEEK Commissioner Smith moved for the adoption of the proclamation. Commissioner Collins seconded the motion and it passed with a unanimous vote. The , proclamation is copied in full at the end of these minutes dated March 5, 1990, as document no. lo ANDERSON CREEK Dallas H. Pope, County Manager, presented a contract for Anderson Creek Senior SEN lOR CENTER Center Development, between the County of Harnett and Mid-Carolina Council of Governments. Commissioner Shaw moved for the approval of the contract. Commissioner Smith seconded the motion and it passed with a unanimous vote. BUILDING INSPECTIONS Carla Stephens, Planning Director, presented a resolution concerning building IN DUNN EXTRA-TERRI- inspections in Dunn extra-territorial jurisdiction. Commissioner Smith moved TORIAL JURISDICTION 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 I end of these minutes dated March 5, 1990, as document no. 2. PROPOSED COMPREHEN- Carla Stephens, Planning Director, briefed the Board on the proposed SIVE PLAN FOR H.C. development of a Comprehensive Plan for Harnett County. The Plan will be an attempt by the County to analyze the goals and priorities of the various County departments as well as the goals and priorities of the various cu""",mi ties in the County and develop a strategy to meet those goals. Ms. Stephens presented a preliminary outline for the development of the Harnett County Comprehensive Plan for the Board's consideration. Commissioner Hudson moved for the approval of the outline. Commissioner Smith seconded the motion and it passed with a unanimous vote. FLOOR COVERING FOR Jerry Blanchard, Transportation and Procurement Director, presented a AGRI. EXT. Resolution Accepting Bid for Recovering Floors of the Agricultural Extension Department. 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 March 5, 1990, as document no. 3. 15 NEW POSITIONS Jack Bryan, Social Services Director, briefed the Board on turnover costs IN SOCIAL SERVICES of employees in the Social Services Department and requested 15 new temporary positions. Commissioner Hudson moved that 12 case worker positions, and 3 clerical positions be approved. Commissioner Smith seconded the motion and it passed with a unanimous vote. Henry Thompson, Health Department Director, requested a grade/step increase for the Health Educator II position now held by Belinda Pettiford, from 630 to 670. The request was held for evaluation by the Board. SOUTH CENTRAL 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 South Central Water and I Sewer District at 10:00 a.m. . . . . Commissioner Shaw presented the following resolution and moved that it be adopted: WHEREAS, the bond order hereinafter described has taken effect and the Board of commissioners of the county of Harnett, sitting as the governing body of South Central Water and Sewer District of Barnett county, desires to make provision for the issuance of bonds authorized by said bond order: and 206 WHEREAS, the Board of Commissioners of the County of Harnett, sitting as the governing body of South Central Water and Sewer District of Harnett County, desires to sell the bonds at private sale without advertisement: and I WHEREAS, the Board of Commissioners of the County of Harnett, sittinq as the qoverninq body of South Central Water and Sewer District of Harnett County, desires to sell the bonds at a rate of interest not exceedinq 6.00% per annum: and "n~AEAS, the Board of Commissioners of the County of Harnett, sittinq as the qoverninq body of South Central Water and Sewer District of Harnett County, has been informed of Farmers Home Administration's undertakinq to purchase the bonds at the rate of 6.00% per annum, NOW THEREFORE, BE IT RESOLVED by the Board of commissioners of the County of Harnett, sittinq as the qoverning body of South Central , Water and Sewer District of Harnett County, North Carolina (the "Issuer"), as follows: (1) The Issuer shall issue its bonds of the aqqregate principal amount of $951,000 pursuant to and in accordance with the water bond order adopted by the Board of Commissioners of the County of Harnett, sittinq as the qoverninq body of the Issuer, on July 22, 1985. The bonds shall be desiqnated "Water Bonds." The period of usefulness of the capital project to be financed by I the issuance of the bonds is a period of forty years computed from the date of the bonds. (2) The bonds shall be issuable in the denomination of $500 or any integral multiple thereof, shall be numbered so as to uniquely desiqnate each bond and such numberinq shall be in ac- cordance with the system of the hereinafter desiqnated bond reqistrar of the Issuer and shall be payable in annual installments on June 1 as follows: Principal Principal Principal Iu.l: Amount IuI: Amount Yea);: Amount 1992 $ 9,500 2005 $19,000 2018 $38,000 1993 9,500 2006 20,000 2019 38,000 1994 10,000 2007 21,000 2020 38,000 1995 11,000 2008 23,000 2021 38,000 1996 11,000 2009 24,000 2022 38,000 1997 12,000 2010 25,000 2023 38,000 1998 13,000 2011 27,000 2024 38,000 1999 13,000 2012 28,000 2025 38,000 2000 14,000 2013 30,000 2026 38,000 2001 15,000 2014 32,000 2027 38,000 2002 16,000 2015 34,000 2028 38,000 2003 17,000 2016 36,000 2029 7,000 2004 18,000 2017 38,000 (3) The bonds shall be dated December 1, 1989 (unless awarded to the United States of America in which case the bonds I shall be dated as of the date of delivery thereot), and shall bear interest from their date until they shall mature at a rate or rates which shall be hereinafter determined provided the net interest cost to the Issuer shall not exceed 6.00% per annum. Such interest shall be payable semi-annually on June 1 and December 1 in each year: provided, however, that if any bonds shall be purchased by the United states of America, the interest on such bonds to the maturity thereof shall be payable on June 1, 1990 and annually thereafter of the 1st day of June of each year. 207 (4) The bonds shall be issued as fully registered bonds without coupons in the denomination of $500 each or any integral multiple thereof (the "Multiple Bonds"), or, at the option of the I purchaser, as a sinqle fully reqistered bond without coupons in the denomination of $951,000 (the "Single Bond") payable in installments. If issued as Multiple Bonds, the bonds shall bear the facsimile signatures of the Chairman of the governing body of the Issuer and the Clerk of the Issuer and a facsimile of the corporate seal of the Issuer and the Certificate of Approval of the Local Government Commission shall bear a facsimile signature of the secretary of said commission. If issued as a Sinqle Bond, the bonds shall be signed by the Chairman of the qoverning body of the Issuer and the Clerk of the Issuer, the corporate seal of the Issuer shall be impressed thereon and the Certificate of Approval of the Local Government Commission shall be signed by a designated assistant of said Commission. Interest on the bonds shall be paid by check by the Issuer or a paying aqent to be designated by the Board of Commissioners of the governing body of the Issuer (the "Paying Agent") and mailed to the registered owner of record as of 15 days prior to the interest payment date at his address as it appears on the bond registry books of the paying Agent. Principal of the bonds shall be paid by check by the Paying Agent upon presentation of the bonds for payment. I (5) At the option of the purchaser of the bonds, the Issuer may issue, in lieu of the Multiple Bonds, a single Bond without coupons bearing interest at the same rate or rates as the Multiple Bonds. The Single Bond shall be of the denomination of $951,000 shall be numbered R-l and shall be payable in installments on June 1 in years and amounts as set forth with respect to the Multiple Bonds. Within ninety days after the receipt by the Issuer of the written request of the registered owner of the Single Bond, the Issuer will, at its own expense, prepare and execute Multiple Bonds in the form hereinafter set forth, of type, composition and printed on paper of customary weight and strength, in an aggregate principal amount equal to the unpaid principal amount of the Single Bond, and having maturities corresponding to the principal installments of the sinqle Bond then unpaid: and the Issuer will cause the Multiple Bonds to be presented to the transfer agent to be desiqnated by the Issuer (the "Transfer Agent") for endorsement and for dating the authentication blank thereon and for delivery to the registered owner of the single Bond upon surrender and cancellation of the Single Bond. I (6) The Single Bond purchased by the United states of America shall be payable in installments without presentation at the National Finance Office of the Farmers Home Administration, st. Louis, Missouri. (7) So long as the bonds are held or insured by the United states of America, Farmers Home Administration, the principal thereon may be prepaid in whole or in part without pre- mium at any time in inverse order of maturity. (8) The bonds maturing on and atter June 1, 2001 shall be subject to redemption prior to their stated maturities at the option of the Issuer on or after June 1, 2000, in whole at any time 208 or in part on any interest payment date, at a redemption price equal to the principal amount of each bond to be redeemed together with accrued interest thereon to the redemption date plus a redemption premium of one-half of one percent (1/2 of 1\) of the principal amount of each bond to be redeemed for each period of twelve months or part thereof between the redemption date and the maturity date of each bond to be redeemed, provided that such pre- mium shall not exceed two percent (2\) of such principal amount. If less than all of the bonds of any maturity are called for re- demption, the bonds to be redeemed shall be selected by the Issuer in such manner as it may determine. If less than all of the bonds of different maturitie~ are called for redemption, the bonds to be redeemed shall be called in the inverse order of their maturities. If less than all of the principal amount of a single bond is to be redeemed, the Issuer shall exchange a bond of the denomination representing the portion of the bond not redeemed to the regis- tered owner in exchange for the bond a portion of which is to be redeemed. Whenever the Issuer shall elect to redeem bonds, notice of such redemption of bonds, stating the redemption date, redemp- tion price and identifying the bonds or portions thereof to be re- deemed by reference to their numbers and further stating that on such redemption date there shall become due and payable upon each bond or portions thereof so to be redeemed, the principal thereof, redemption premium and interest accrued to the redemption date and I that from and after such date interest thereon shall cease to ac- crue, shall be given by publication at least once in a newspaper of general circulation in the South Central Water and Sewer District of Harnett county, North Carolina, and at least once in a daily newspaper of general circulation or a financial journal distributed in the Borough of Manhattan, City and State of New York not less than 30 days prior to the redemption date fixed in said notice. Such notice shall be given not less than 30 days nor more than 45 days prior to'the redemption date in writing to the registered owners, by pre-paid first-class mail, at their addresses as such addresses appear on the records of the Transfer Agent, as bond registrar, but any failure in respect of such mailing will not affect the validity of the redemption. (9) The Multiple Bonds and the provisions for the reg- istration thereof, for the approval of the Multiple Bonds by the Secretary of the Local Government commission, and for authentica- tion of the Multiple Bonds by the Transfer Agent shall be in sub- stantially the following form: (Form of Multiple Bonds) I No. R- $ UNITED STATES OF AMERICA STATE OF N"'tud CAROLINA SOUTH CENTRAL WATER AND SEWER DISTRICT OF HAR...:....... COUNTY WATER BOND DATE OF Ih u.AEST ORIGINAL RATE MATURITY ISSUE December 1, 1989 209 REGISTERED OWNER: PRINCIPAL SUM: DOLLARS I The South central Water and Sewer District of Harnett county (hereinafter referred to as the "District"), a county water and sewer district of the State of North Carolina, acknowledges itself indebted and for value received hereby promises to pay to the registered owner named above on the date specified above, upon the surrender hereof, the principal sum shown above and to pay to the registered owner hereof interest thereon from the date of this bond until it shall mature at the rate per annum as specified above, payable semi-annually on June 1 and December 1 of each year. Principal of this bond is payable by check by First citizens Bank & Trust company, in Raleigh, North Carolina, as paying agent, or by the duly appointed alternate or successor paying agent (the "Paying Agent"), in such coin or currency of the united States of America as at the time of payment shall be legal tender for payment of public and private debts. Interest on this bond is payable by check by the Paying Agent mailed to the registered owner hereof at his address as it appears on the bond registry books of First citizens Bank & Trust Company, in Raleigh, North Carolina, as transfer agent (the "Transfer Agent"), at the close of business on the fifteenth day of the calendar month (whether or not a business I day) next preceding each interest payment date. This bond is transferable by the registered owner hereof or his duly authorized attorney at the principal office of the Transfer Agent, upon surrender of this bond, accompanied by a duly executed instrument of transfer in form and with guaranty of signature satisfactory to the Transfer Agent, and upon payment of any taxes or other governmental charges incident to such transfer. Upon any such transfer a new registered bond without coupons of the same maturity and in the same aggregate principal amount will be issued to the . transferee. The person in whose name this bond is registered shall be deemed the owner hereof for all purposes, and the District and the Transfer Agent shall not be affected by any notice to the contrary. This bond is issued in accordance with the Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, and pursuant to The Local Government Finance Act, Chapter 159 of said General statutes, and a bond order adopted by the Board of commissioners of the county of Harnett, sitting as the governing body of the District, on July 22, 1985 to pay capital I costs of providing water facilities for the District. The issuance of this bond and the contracting of the indebtedness evidence thereby were approved by a majority of the qualified voters of the District voting at an election held on September 10, 1985. The bonds maturing on and after June 1, 2001 shall be subject to redemption prior to their stated maturities at the option of the District on or after June 1, 2000, in whole at any time or in part on any interest payment date, at a redemption price equal to the principal amount of each bond to be redeemed together with accrued interest thereon to the redemption date plus a 210 redemption premium of one-half of one percent (1/2 of 1\) of the principal amount of each bond to be redeemed for each period of twelve months or part thereof between the redemption date and the maturity date of each bond to be redeemed, provided that such pre- mium shall not exceed two percent of such principal amount. If less than all of the bonds of any maturity are called for redemp- tion, the bonds to be redeemed shall be selected by the District in I such manner as it may determine. If less than all of the bonds of different maturities are called for redemption, the bonds to be redeemed shall be called in the inverse order of their maturities. If less than all of the principal amount of a single bond is to be redeemed, the District shall exchange a bond of the denomination representing the portion of the bond not redeemed to the registered owner in exchange for the bond, a portion of which is to be redeemed. Whenever the District shall elect to redeem bonds, notice of such redemption of bonds, stating the redemption date, redemption price and identifying the bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there shall become due and payable upon each bond or portion thereof so to be redeemed, the principal thereof, redemption premium and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue, shall be given by publication at least once in a newspaper of general circulation in the South Central Water and Sewer District of Harnett County, North Carolina, and at least once a daily newspaper of general circulation or a financial journal I distributed in the Borough of Manhattan, City and State of New York not less than 30 days prior to the redemption date fixed in said notice. Such notice shall be given not less than 30 days nor more than 45 days prior to the redemption date in writing to the registered owners, by pre-paid first-class mail, at their addresses as such addresses appear on the records of the Transfer Agent, but any failure in respect of such mailing will not affect the validity of the redemption. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the state of North Carolina to exist, be performed or happen precedent to or in the issuance of this bond, exist, have been performed and have happened, and that the amount of this bond, together with all indebtedness of the District, is within every debt and other limitation prescribed by said Constitution or statutes. The faith and credit of the District are hereby pledged to the punctual payment of the principal of and interest on this bond in accordance with its terms. This bond shall not be valid or become obligatory for any purpose until the certifications hereon shall have been signed by I authorized representatives of the Local Government Commission of North Carolina and the Transfer Agent. IN WITNESS WHEREOF, the District has caused this bond to bear the facsimile signatures of the Chairman of the governing body of the District and the Clerk of the District and a facsimile of the corporate seal of the District to be imprinted hereon, and this bond to be dated December 1, 1989. (facsimile stgqatu~l Chairman, governing body of South Central Water and Sewer District of Harnett County (DISTRICT) 211 Transfer Agent's certificate of Authentication This bond is one of the bonds of the issue designated herein and issued under the within-mentioned bond order. I FIRST CITIZENS BANK & TRUST COMPANY BY: Authorized Signatory Date of Authentication CERTIFICATE OF LOCAL GOVERNMENT COMMISSION The issu~ hereof has been approved under the provisions of The Local Government Bond Act. (facsimile sianature\ Secretary of the Local Government Commission ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto I the within bond and irrevocably appoints , attorney-in-fact, to transfer the within bond on the books kept for registration thereof, with full power of substitu- tion in the premises. Date: NOTICE: The signature to this Signature Guaranteed: assignment must correspond with the name as it appears upon the face of the within bond in every particular, with- out any alteration whatsoever. (10) The Single Bond, the provisions for entry of pay- ments of principal and interest with respect thereto, for assign- ment thereof and for approval thereof by the Secretary of the Lo- cal Government Commission to be endorsed thereon shall be in substantially the following form: (form of Single Bond) UNITED STATES OF AMERICA STATE OF NORTH CAROLINA SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY WATER BOND I R-1 $951,000 The South Central Water and Sewer District of Harnett County (hereinafter called the "District"), a county water and sewer district of the State of North carOlina, acknowledges itself indebted and for value received, hereby promises to pay to the UNITED STATES OF AMERICA, FARMERS HOME ADMINISTRATION, or its registered assigns (herein called "Payee"), the prinCipal sum of $951,000 on the first day of June 1n years and installments, as follows: 212 Principal principal Principal ~ Amount ~ Amount ~ .J.mount 1992 $ 9,500 2005 $19,000 2018 $38,000 1993 9,500 2006 20,000 2019 38,000 1994 10,000 2007 21,000 2020 38,000 1995 11,000 2008 23,000 2021 38,000 1996 11,000 2009 24,000 2022 38,000 I 1997 12,000 2010 25,000 2023 38,000 1998 13,000 2011 27,000 2024 38,000 1999 13,000 2012 28,000 2025 38,000 2000 14,000 2013 30,000 2026 38,000 2001 15,000 2014 32,000 2027 38,000 2002 16,000 2015 34,000 2028 38,000 2003 17,000 2016 36,000 2029 7,000 2004 18,000 2017 38,000 in such coin or currency of the united states of America as at the time of payment shall be legal tender for the payment of debts due the United states of America, and to pay interest on the balance of said principal sum from time to time remaining unpaid, in like coin or currency, at the rate of six per centum (6.00%) per annum on June 1, 1990, and annually thereafter on June 1 of each year, until the principal amount hereof has been paid. Payments of the installments of principal and interest then due and payable on this bond without presentation or surren- der hereof shall be made at the National Finance Office of the Farmers Home Administration, st. Louis, Missouri. Upon receipt of said payments of principal and interest, written notice of the receipt thereof shall be given promptly to the District and the District shall be fully discharged of the obligation on this bond to the extent of the payment so made. Upon final payment of I principal and interest, this bond shall be surrendered to the District for cancellation. This bond is issued in accordance with the Registered Public Obligations Act, Chapter 159E of the General statutes of North Carolina, and pursuant to The Local Government Finance Act, Chapter 159 of said General statutes, and a bond order adopted by the Board of Commissioners of the County of Harnett, sitting as the governing body of the District, on July 22, 1985 to pay capital costs of providing water facilities for the District. The issuance of this bond and the contracting of the indebtedness evidenced thereby were approved by a majority of the qualified voters of the District voting at an election held on september 10, 1985. This bond is exchangeable at the sole expense of the District at any time, upon ninety days' notice, at the request of the registered owner hereof and upon surrender of this bond to the District, for fully registered bonds, in the denomination of $500 each or any integral multiple thereof, in an aggregate principal amount equal to the unpaid principal amount of this I bond and in the form of such fully registered multiple bonds as is provided for in the resolution authorizing the issuance of the bonds. This bond may be assigned and upon such assignment the assignor shall promptly notify the District by registered mail, and the assignee shall surrender the same to the District for transfer on the registration records, or in eXChange for fully registered bonds in the denomination of $500 each or any inte- gral multiple thereof, in an aggregate principal amount equal to c.z'., 213 the unpaid principal amount of such single registered bond and bearing maturities corresponding to the principal installments on such single registered bond then unpaid, and every such assignee shall take this bond subject to such condition. I So long as this bond is held or insured by the United States of America, Farmers Home Administration, ,the principal in- stallments hereof may be prepaid in whole or in part at any time in inverse order of maturity. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the state of North Carolina to exist, be performed or happen precedent to or in the issuance of this bond, exist, have been performed and have happened, and that this bond is within every limitation prescribed by said Constitution or statutes. The faith and credit of the District are hereby pledged to the punctual payment of the principal of and interest on this bond in accordance with its terms. IN WITNESS WHEREOF, the District has caused this bond to be signed by the Chairman of the governing body of the District and the Clerk of the District and sealed with the corporate seal of the District and this bond to be dated . I Chairman, governing body of the South Central Water and Sewer District of Harnett County (DISTRICT) (SEAL) Clerk, South Central Water and Sewer District of Harnett county CERTIFICATE OF LOCAL GOVERNMENT COMMISSION The issuance of the within bond has been approved under the provisions of The Local Government Bond Act. Secretary of the Local Government Commission By: Designated Assistant PAYMENT RECORD Name of Principal Interest Paying Agent, Principal Balance Payment Date Authorized Due Date Pavment ---DYe ( 6 . 0.211. Paid QU. & Title June 1, 1992 S 9.500 June 1, 1993 9.500 June 1, 1994 ....1.lLJl 0 0 I June 1, 1995 --1.Ljl nn June 1, 1996 -1.1..000 June 1, 1997 ~oo June 1, 1998 13.000 June 1, 1999 --1Lj)00 June 1, 2000 ...J..Lj) 0 0 June 1, 2001 15.000 June 1, 2002 16.000 June 1, 2003 17.000 June 1, 2004 -11.- 000 June 1, 2005 19.000 June 1, 2006 20.000 June 1, 2007 21. 000 June 1, 2008 23.000 June 1, 2009 24.00{) June 1, 2010 25.000 June 1, 2011 27.000 June 1, 2012 28.000 June 1, 2013 30.000 June 1, 2014 ....ll.. 000 June 1, 2015 34.000 214 June 1, 2016 36.000 June 1, 2017 38.000 June 1, 2018 38.000 June 1, 2019 -1.ll. 000 June 1, 2020 38.000_ June 1, 2021 38 ",2,90 June 1, 2022 38,.290 June 1, 2023 38 ",2,90 I June 1, 2024 38.000 June 1, 2025 38,.pOO June 1, 2026 38~0 June 1, 2027 --ll&00 June 1, 2028 38.0j)0 June 1, 2029 7~0 SCHEDULE "A" principal installments on which payments have been made prior to maturity : : : : Name of Principal : Principal . Balance : Date : Paying Agent, . Date : Amount : Payment : : Paid : Authorized Off. /' . . : : : & Tille (Form of Assignment) For value received the Payee named in the within Bond hereby sells, assigns and transfers said Bond unto DATE I (11) Actions taken or to be taken by officials of the Issuer to select paying and transfer agents, and a bond registrar, or alternate or successor agents and registrars pursuant to Section 159E-8 of the Registered Public Obligations Act, Chapter 159E of the General statutes of North Carolina, are hereby authorized and approved. (12) The bonds shall be sold to the Farmers Home Administration at private sale without advertisement in the form of a single registered bond bearing interest at the rate of 6.00\ per annum, provided that the Local Government Commission shall determine that such price is in the best interest of the Issuer. (13) The Chairman of the governing body of the Issuer and the Clerk of the Issuer are hereby authorized and directed to cause the bonds to be prepared and, when they shall have been duly sold by the Local Government Commission, to execute the bonds and to turn the bonds over to the State Treasurer of North Carolina or to the Transfer Agent for delivery to the purchaser or purchasers to whom the bonds may be sold by said commission. (14) The Issuer covenants to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), to I the extent required to preserve the exclusion from gross income of interest on the bonds for Federal income tax purposes. (15) The Issuer hereby represents that (i) the proposed $951,000 Water Bonds are not private activity bonds as defined in the Code and (ii) the Issuer, together with any subordinate entities of the Issuer and any entities which issue obligations on behalf of the Issuer, reasonably expects that it will not issue cumUlatively more than $10,000,000 of tax-exempt --- 215 obligations (other than private activity bonds which are not qualified 501(c) (3) bonds) during the current calendar year. In I addition, the Issuer hereby designates the above-mentioned bonds as "qualified tax-exempt obligations" for the purposes of section 265(b) (3) of the Code. (16) The power to make any election on behalf of the Issuer with respect to the arbitrage rebate provisions of the Code applicable to the bonds is hereby delegated to the Chairman of the governing body of the Issuer and the Clerk of the Issuer. The motion having been duly seconded, and the resolution having been considered, it was adopted. The vote on the adoption of the resolution was as follows: AYES: 5 NAYS: 0 * * * * * I I . 216 John M. Phelp$. iI, PuBlic utilities Attorney, presented a Resolution Authorizing ExecU'tiott of Contracting Agency Agreement with the South Central Water and Sewet jlLstYl;5t of Harnett County. Commissioner Collins moved for the adoption of':lle resolution. Commissioner Shaw seconded the motion and it passed with a una:l.imQ:IG vote. The resolution is copied in full at the end of these minutes d~t~d March 5, 1990, as document no. 4. I SOUTH CENTRAL W & S There being no 'uY.th~r business, the special meeting of the South Central DISTRICT MEETING Water and Sewe! ~jstTlct duly adjourned at 10:10 a.m. ADJOURNED John M. Phelps, 1l. Public utilities Attorney, presented a Resolution Awarding BUNNLEVEL/RIVERSIDE Contracts for Wastewater Facilities Project (Bunnlevel-Riverside Wastewater PROJECT CONTRACTS Facilities Project). Co,mnissioner Shaw moved for the adoption of the resolution. Cot1lr1issi0I18T' Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated March 5, 1990, ~s 'locument no. 5. CONTRACTING AGENCY John M. Phelps, t1; p,:,pLic utilities Attorney, presented a Resolution FOR SCADA Authorizing Exe(U~l.i.on ')! Contracting Agency Agreement with the County of Harnett concerni-I'I~ - tht, SC.ADA system. Commissioner Collins moved for the adoption of the resol~tion. Commissioner Shaw seconded the motion and it passed with a un~niJnov," IIOte. The resolution is copied in full at the end of these minutes dated March 5, 1990, as document no. 6. Monthly reports were filed with the Board from the following departments: Building Inspect ions , Erre I~gency Medical Services, Veteran I s Service, Tax Department and the Sheriff's Department. TAX REFUNDS Bobby Wicker, Tax Admi~istrator, requested the following tax refunds: 1. Curtis C. Raye, ~r., 410 E. Wake st., Dunn, NC $ 92.97 2. Barbara Hay~s. P. O. Box 1323, Angier, NC 31.64 3. Michael! Lola Wright, % Harnett Co. Tax Collector 200.00 4. Buddy Wayne Yanqle, Rt. 6, Sanford, NC 37.08 Commissioner Smith moved fIr the approval of the tax refunds. Commissioner Hudson seconded the mot.iOl~ and it passed with a unanimous vote. BUDGET AMENDMENTS Rodney Tart, Public utilities Director, requested the following budget I amendment for Public utilities (Northeast Capital Projects): Code 60-9015-010 Land & Right-of-Way 23,500. increase 60-9015-020 Legal & Administration 5,000. increase 60-9015-030 Engineering 50,000. increase Revenue: 60-3770-000 Advance from General Fund NE 78,500. increase Commissioner Shaw moved for the approval of the budget amendment. Commissioner'Hudson seconded the motion and it passed with a unanimous vote. Rodney Tart, Public utilities Director, requested the following budget amendment for Public utilities (Southwest Capital Projects): Code 60-9011-02Q Legal & Administration 5,000. increase 60-9011-030 Engineering 100,000. increase Revenue: 60-3370-000 Advance from Gen. Fund SW 105,000. increase Commissioner Shaw moved for the approval of the budget amendment. Commissioner Collins seconded the motion and it passed with a unanimous vote. Rodney Tart, Public utilities Director, requested the following budget amendment for Public utilities (South Central-Phase II): Code 60-9014-020 Legal & Administration 5,000. increase 60-9014-030 Engineering 2,000. increase 60-9014-080 Contingency 7,000. decrease Commissioner Hudson moved for the approval of the budget amendment. Commissioner Smith seconded the motion and it passed with a unanimous vote. I Rodney Tart, Public utilities Director, requested the following budget amendment for Public utilities (Sewer Department): Code 30-9200-034 Chemicals 3,500. increase 217 30-9200-l20 Capital Reserve 3,500. decrease Commissioner Hudson moved for the approval of the budget amendment. Commissioner Smith seconded the motion and it passed with a unanimous vote. I Jack Bryan, Social Services Director, requested the following budget amendment for Social Services: Code 10-7700-061 Day Care - Children 1,799. increase Revenue: 10-3480-010 Day Care 1,799. increase Commissioner Smith moved for the approval of the budget amendment. Commissioner Collins seconded the motion and it passed with a unanimous vote. Jack Bryan, Social Services Director, requested the following budget amendment for Social Services: Code 10-7710-l50 CP&L Project Share 6,210. increase Revenue: 10-3480-009 Crisis/CP&L Return 6,210. increase Commissioner Hudson moved for the approval of the budget amendment. Commissioner Smith seconded the motion and it passed with a unanimous vote. Alice Powell, Parks & Recreation Director, requested the following budget amendment for Parks & Recreation: Code 10-8200-073 Cap. Outlay-Other Improv. 8,000. increase 10-8200-015 Maintenance & Repair - Bid. 8,000. decrease Commissioner Collins moved for the approval of the budget amendment. Commissioner Smith seconded the motion and it passed with a unanimous vote. Terrie McGowan, 4-H Agent, requested the following budget amendment for Agricultural Extension: Code 10-7300-059 4-H Day Camp 1,529. increase Revenue: 10-3480-073 CBA 4-H Day Camp 1,529. increase I Commissioner Collins moved for the approval of the budget amendment. Commissioner Smith seconded the motion and it passed with a unanimous vote. Terrie McGowan, 4-H Agent, presented a program agreement revision for CBA funding for Harnett County Enrichment Camp, Anderson Creek. Commissioner Smith moved for the approval of the program agreement revision. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Mental Health: Code 10-7900-0l5 Maintenance & Repair-Bldg. 8,156. increase Revenue: 10-3990-000 Fund Balance Appropriated 8,156. increase Commissioner Collins moved for the approval of the budget amendment. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for the Board of Elections: Code 10-4300-011 Telephone & Postage 3,200. increase Revenue: 10-3990-000 Fund Balance Appropriated 3,200. increase Commissioner Smith moved for the approval of the budget amendment. Commissioner Collins seconded the motion and it passed with a unanimous vote. Jerry Blanchard, Transportation/Procurement Director, requested the following budget amendment for the Sanitation Landfill Department: Code 10-6600-003 Salaries & Wages, Part-time 6,000. increase I 10-6600-005 F.I.C.A. Tax Expense 459. increase 10-6600-014 Travel & Meetings 1,500. increase 10-6600-0l6 Maintenance & Repair, Equip. 40,000. increase 10-6600-031 Automotive Supplies 10,000. increase 10-6600-037 N.C. Sales Tax 16,936. decrease 10-6600-039 County Sales Tax 8,000. decrease Revenue: 10-3990-000 Fund Balance Appropriated 33,023. increase Commissioner Hudson 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 the Health Department: --- --- ~--~~- 218 Code 10-7600-002 Salaries & Wages 3,484. increase 10-7600-005 F.I.C.A. Tax Expense 267. increase 10-7600-007 Retirement Expense 175. increase Revenue: 10-3990-000 Fund Balance Appropriated 3,926. increase Commissioner Smith moved for the approval of the budget amendment. I Commissioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Education: Code 10-8600-108 School-Capital Outlay 21,000. increase Revenue: 10-3990-000 Fund Balance Appropriated 21,000. 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 the County Jail: Code 10-5120-003 Salaries & Wages, Part-time 2,700. increase 10-5120-005 F.I.C.A. Tax Expense 207. increase Revenue: 10-3990-000 Fund Balance Appropriated 2,907. increase Commissioner Collins moved for the approval of the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. EXECUTIVE SESSION Commissioner Hudson made a motion that the Board go into executive session. Commi~sioner Shaw seconded the motion and it passed with a unanimous vote. Commissioner Shaw made a motion that the Board come out of executive session. Commissioner Collins seconded the motion and it passed with a unanimous vote. DELETION OF S.R. Dallas H. Pope, County Manager presented a resolution requesting deletion of a 1724 SECTION section of S. R. 1724 from the State Secondary Road System. Commissioner Shaw 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 dated March 5, 1990, as document no. 7. I MARIE DEW REAPPOINT. Commissioner Smith moved for the reappointment of Marie Dew, P. O. Box 1221, DOMICILIARY COMM. Lillington, to the Domiciliary Home Community Advisory Committee for a three-year term to expire 1-31-93. Commissioner Collins seconded the motion and it passed with a unanimous vote. RESOLUTION RE: Dallas H. Pope, County Manager, presented a resolution concerning site PENNFIELD CORP. selection for proposed poultry processing operation by Pennfield Corporation. Commissioner Smith 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 March 5, 1990, as document no. 8. AGREEMENT WITH W. Glenn Johnson, County Attorney, presented an agreement between the County RAGSDALE FOR SOLID of Harnett and Ragsdale Consultants for the development of a solid waste WASTE MANAGEMENT management plan as required by Senate Bill III and to prepare periodic reports PLAN on solid waste management, and assist in developing and implementing a solid waste recycling program. Commissioner Shaw moved for the approval of the agreement. Commissioner Smith seconded the motion and it passed with a unanimous vote. AGREEMENT WITH W. Glenn Johnson, County Attorney, presented an agreement between the County RAGSDALE FOR of Harnett and Ragsdale Consultants for professional engineering services for DESIGN OF WEIGH the design of a weigh station at the Dunn-Erwin landfill and associated STATION AT DUNN- services. Commissioner Shaw moved for the approval of the agreement. ERWIN LANDFILL Commissioner Smith seconded the motion and it passed with a unanimous vote. FUNDING RESTRICTIONS Commissioner Hudson moved for the adoption of a Resolution Expressing Concern IMPOSED BY FMHA Regarding Funding Restrictions Imposed by the Farmers Home Administration. Commissioner Smith seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated March 5, I 1990, as document no. 9. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners meeting of March 5, 1990, duly adjourned at 1 p.m. ~~.J7~ LIOY1 G. Stewart, Chairman -!:'~ 'W. (j.~,^~/ ~1/ t!. Mt0tdtaJ/J Kay S1 B anchard, Recording Secretary Vanessa W. Young, cletc to the Board 219 \ DOCUMENT NO.1. PROCLAMATION I WHEREAS, the Twelfth Annual Harnett County Special Olympics Spring Games will b. held April 11, 1990; and WHEREAS, approximatelY 300 mentally handicapped citizens in Harnett County participate in Sp.cial Olympics; and WHEREAS, the Special Olympics program was developed to pro- . vide athletic training and competition for mentally handicapped individuals; and WHEREAS, through such athletic endeavors our mentally handi- capped citizens can obtain the strength and confi- dence to promote a positive self-image; and WHEREAS, the highly important task of aiding these special p.ople of Harnett County to h.lp themselves can belong to each of us through Special Olympics; and WHEREAS, the Harnett County Parks and Recreation Department, the Harnett County Board of Education, and the Lee- Harnett Mental Health Agency art sponsoring the 1990 Harnett County Spring Games; N(J.I, THEREFORE, We, the Board of Commissioners of the County of Harnett do hereby proclaim the week of April Ninth through Thirteenth, Nineteen Hundred and Ninety to be SPECIAL OLYMPICS WEEK IN HARN~I I COUNTY and com- mends this observance to its citizens. Duly adopted this fifth day of March, Nineteen I Hundred and Ninety. HARN~ I I COUNTY BOARD OF COMMISSIONERS DOCUMENT NO.2. HARNETT COUNTY NORTH CAROLINA RESOLtJ'l' I ON THAT WHEREAS, the City of Dunn and the County of Harnett both enforce the North Carolina State Building code; and WHEREAS, the City and County have agreed that the City will perform Buildins Inspections functions for the area ins ide the Dunn City Limits; and WHEREAS, the City and County have agreed that the County will perform Building Inspections functions for the area outside the Incorporated City limits of Dunn, otherwise known as the extra- territorial jurisdiction of Dunn; and WHEREAS, the Building Inspection fees for the area outside the Incorporated City limits of Dunn will correspond to the fee structure for the Harnett County Buildins Inspections Office a~ set by the Harnett County Board of Commissioners; and WHEREAS, the City of Dunn agrees to inform the County of any I annexations; and WHEREAS, The County of Harnett agrees to require Zoning approval prior to issuing a building permit in the extra-territorial jurisdiction of Dunn. However, the Harnett County Building Inspections Office is not responsible for any tasks associat~d wi th the enforcement of the Dunn Zoning Ordinance. , NOW THEREFORE, be it resolved that the City of Dunn will perforn all of the Inspection duties in the Incorporated city limits of Dunn as shown on the enclosed map and the County of Harnett wil2 perform all of the Inspection duties for the extra- territorial jurisdiction of the City of Dunn and the inspection fees for the extra-territorial jurisdiction of the City of Dunn will be ba:3ed on the fee structure established by the Harnett County Board of Commissioners. Duly adopted this 5th day of March, 1990 HAIDu:.y.COUNTY BqARD O~ CpMMISSIONERS ------..-----.- 220 DOCUMENT NO. 3. NORTH CAROLINA, RESOLUTION ACCEPTING BID FOR RECOVERING FLOORS OF THE HARNETT COUNTY. AGRICULTURAL EXTENSION DEPARTMENT I THAT WHEREAS, ~he Coun~y of Harne~~ has her.~ofore solici~ed bid. in connec~ion wi~h recovering floor. in 14 offices and hallway of ~he Agricul~ural Ex~ension Depar~aen~ loca~.d a~ 102 Ea.~ Fron~ S~re.~, Lil Ung~on, N.C.: and WHEREAS, bids included carpe~, vinyl floor covering, aolding and ins~alla~ion: and WHEREAS, said bids were solici~ed pursuan~ ~o ~he G.neral S~a~u~es ~o ~he S~ate of North Carolina and all bid solicita~ion r.quireaent. have been coaplied wi~h: and WHEREAS, bids were received by ~he Coun~y of Harne~~ in re.pon.e ~o such solita~ion of bida: and WHEREAS, ~wo bids were delivered ~o the County of Harne~~ where ~hey were opened and evaluated: and WHEREAS, said bids were J.E. Woable and Sons $3,741.90 and McDonald Furni~ure Coapany $4,007.25: and WHEREAS, ~he County of Harne~t has deterained ~hat J.E. Woabl. and Sons ha. subai~~ed ~he low.s~ bid which ae.~. ~he bid requireaen~s and ~ha~ J.E. Woable and Sons i. ~h. lowest re.ponsible bidder, taking into consideration quality, perforaance and other requir.aent. .pecified by the I bid .olicitation process conducted by the Coun~y of Harn.tt: and WHEREAS, the Harnett County Board of Coaai.sioner., .eeting in regular ....ion on March 5, 1990 ha. r.vi.wed the propo.al. .ubaitted by all bidder. .nd h.. concluded thst the contr.ct to recover floors of the Agricultur.l Exten.ion Departaent of Harnett County .hould be awarded to J.E. Woable and Sons. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Coaai..ionera, upon aotion duly aade, seconded and adopted, that the bid of J.E. Woable and Son. in the aaount of Three Thousand S.ven Hundr.d For~y One Dollars and Nine~y Cent. ($3,741.90) ~o recover floor. of the Agricultural Ext.nsion Depar~aent including carpe~, vinyl floor covering, aolding and in.tallation .hall be and saae is h.reby accepted, the contract for such .hall be awarded by the County of Harnet~ to J.E. Woabl. and Sons, and the appropriate officials of the County of Harn.tt shall be and they are hereby dir.ct.d to notify J.E. Woable and Sons of the acceptance of its bid in conn.ction therewi~h. This 5~h day of March, 1990. HARNETT COUNTY BOARD OF COMMISSIONERS I By: ~ /.1 A1~.J~ v ') Chairaan ATTEST: .IC4~ '1.\1. "t~,~ ' Clerk ~ 221 DOCUMENT NO.4. Resolution Authorizing Execution of Contracting Ag.ncy Agr....nt with the South C.ntral wat.r and S.wer District of Barnett County I THAT WHEREAS, the County of Harnett (hereinafter sometimes referred to as the "County") is planning to acquire and otherwise install a Supervisory Control and Data Acquisition System (hereinafter sometimes referred to as the "SCADA System") which may, be used to monitor and regulate the functions of the various water systems it operates; and WHEREAS, it is the desire of the South Central Water and Sewer District of Harnett County (hereinafter sometimes referred to as the "District") to participate with the County in the County's acquisition arid installation of said SCADA System, so as to acquire for itself needed equipment for monitoring and regulating its system; and WHEREAS, the District has requested the County and the County has agreed to act as contracting agent for the District with respect to the acquisition and installation of the necessary SCADA System equipment required by the District so as to meet its needs for the same; and WHEREAS, attached hereto as Exhibit "A" is a Contracting Agency Agreement between the District and the County which makes provision for the County to act as said agent of the District; and WHEREAS, it is the desire of the County to enter into said agreement as provided. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that: 1. The County of Harnett shall enter into the Contracting Agency Agreement attached hereto as Exhibit A. 2. The Chairman of the Board of Commissioners, and the Clerk to the Board are hereby authorized and directed to execute said Agreement for and in behalf of said County. I Duly adopted this the 5th day of March , 1990, upon motion made by Commissioner Collins , seconded by Commissioner Shaw , and adopted by the following vote: AYES 5 NOES 0 ABSENT 0 ABSTAINED 0 ::11_ jJ ); ~ ~~~tewart, Chairman Harnett County Board of Commissioners 1\TTEST: ~'!tJ';n't~ Clerk to the Boa~j EXHIBIT A NORTH CAROLINA CONTRACTING AGENCY HARNETT COUNTY AGREEMENT THIS AGREEMENT is made and entered into this day of , 1990 by and between the SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, a municipal corporation organized and I existing pursuant to the provisions of Article 6, Chapter 162A of the North Carolina General Statutes (hereinafter referred to as the "District") and THE COUNTY OF HARNETT, a body politic organized and existing under the laws of the State of North Carolina (hereinafter , referred to as the "County"). WIT N E SSE T H: THAT WHEREAS, the County operates and manages a water production facility and several water distribution systems located within its boundaries, a~d has established a Department of Public Utilities for the purposes of operating and managing the same; and 222 WHEREAS, the District was organized and established for the purpose of constructing a water supply and distribution system to serve water users within the District; and WHEREAS, the County and the District have heretofore entered into a Management Contract dated February 23, 1987 pursuant to which the County operates and manages the system of the District; I and , , WHEREAS, phase one of the system of the District, including water distribution pipelines, a booster pumping station and an elevated water storage tank, have previously been constructed; and WHEREAS, phase two of the system of the District, including water distribution pipelines, a booster pumping station and a water storage tank, is currently under construction; and WHEREAS, in connection therewith, the District is in need of equipment for monitoring and regulating its system so as to provide for the efficient operation thereof; and WHEREAS, the County is planning to acquire and otherwise install a Supervisory Control and Data Acquisition System (hereinafter sometimes referred to as the SCADA System) which may be used to monitor and regulate the functions of the various water systems it operates; and WHEREAS, it is the. desire of the District to participate with the County in the County's acquisition and installation of said SCADA System, so as to acquire for itself the needed equipment for monitoring and regulating its system; and I WHEREAS, the District has requested the County and the County has agreed to act as contracting agent for the District with respect to the acquisition and installation of the necessary SCADA System equipment required by the District so as to meet its needs hereinabove described; and WHEREAS, the District and the County now desire to set forth the terms of their agreements regarding these matters. NOW, THEREFORE, it is mutually agreed as follows: l. County, through its Department of Public Utilities, as part of its acquisition and installation of the SCADA System, shall act as contracting agent for and on beh~lf of the District with respect to acquiring and causing to be installed such SCADA System equipment (hereinafter the "equipment") as is needed to efficiently and appropriately monitor and regulate the system of the District. In such capacity and as part of i~s overal~ SCACA System acquisition, the County Shall: a. Cause plans and specifications for the SCADA System to be drawn in such a manner so as to enable such portion thereof as applies to the District to be I separately and distinctly identifiable from all other portions of the SCADA System to be acquired, said plans and specifications to be further drawn , in a manner so as to be in full compliance with all rules, regulations and requirements of the Farmers Home Administration of the United States Department of Agriculture and such other federal and/or state agencies as may be applicable; 223 b. Cause the above described plans and specifications for the District's equipment to be advertised and I bid as part of the overall SCADA System Project; c. Enter into a contract or contracts for the acquisition and installation of the SCADA System, including the equipment for the District; d. Cause the installation of the District's equipment to be supervised by qualified and competent engineers; e. Provide for the administration of the acquisition and installation of the District's equipment and to provide for inspection of the installation of the same; f. Provide for the administration of funding obtained for the SCADA System acquisition and installation; g. Maintain a system of accounts for the SCADA System Project which will enable payments made thereunder for and on behalf of the District to be distinguishable from all other payments made for the Project; h. Pay from the funds provided to it by District (as I provided in paragraph 2 below) such ,tatement~ and/or pay estimates as are presented to County for work and/or services related to the acquisition and installation of the District's equipment; i. Otherwise manage the acquisition and installation of the District's equipment. 2. The District shall pay to County such sums which equal the cost of the acquisition and installation of the equipment required by the District, said sums to include District's pro rata portion of costs for engineering and legal services; said sums to be paid by District to County upon notification to District by County of its receipt of statements and/or pay estimates for work and/or services related to the equipment's acquisition and installation. 3. It is unde;rstood that County shall receive no compensation for its services as contracting agent as provided herein. IN WITNESS WHEREOF, the parties hereto, acting under authority I of their governing bodies, have caused this Contracting Agency Agreement to be duly executed in duplicate counterparts, each of which shall constitute an original. This the 6ft..... day of Ai oJl d(J , 1990. , 224 DOCUMENT NO.5. Resolution Awarding Contracts for Wastewater Facilities Project (Bunnlevel-Riverside Wastewater Facilities Project) WHEREAS, the Harnett County Board of Commissioners I (hereinafter the "Board") has heretofore made tentative award of contracts for the construction of the Bunnlevel-Riverside Wastewater Facilities Project pursuant to resolutions adopted on August 21, 1989 and October 2, 1989; and WHEREAS, such awards were subject to, among other things, approval by the Environmental Protection Agency of the United States of America together with the North Carolina Division of Environmental Management; and WHEREAS, pursuant to letter of February 22, 1990 the said Division of Environmental Management, for itself and on behalf of the Environmental Protection Agency, has approved the contract awards as tentatively made and authorized final award thereof; and WHEREAS, it is the desire of the Board, subject to the completion of the approvals set forth below, to make final award of said contracts and to make provision for commencement of construction. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett as follows: 1. That the contracts for the Bunnlevel-Riverside Wastewater Facilities Project are hereby awarded to the contractors as indicated below, contingent upon approval by the Farmers Home Administration and final review by the Harnett County Public Utilities Attorney: Division I - Construction Award to: R.H. Moore Co., Inc. Murrels Inlet, s.C. For the total bid amount of $1,593,529, subject to adjustment as provided by the contract documents Division II - Plumbing I Award to: McDonald Plumbing Co. Bunnlevel, N.C. For the total bid amount of $5,630, subject to adjustment as provided by the contract documents. Division III - Electric Award to: Hogue Electric Company, Inc. Lillington, N.C. For the negotiated price of $62,983, subject to adjustment as provided by the contract documents. 2. That after the approvals stated above have been received the Chairman of the Board of Commissioners and the Clerk to the Board are authorized, empowered and directed to execute the contract documents pertaining to the above awards. 3. That upon completion of, the proper execution of said contract documents and upon further authorization by the Farmers Home Administration, Dallas H. Pope, Harnett County Manager, is hereby authorized, empowered and directed to issue Notices to Proceed and/or Work Orders so at to cause the construction of the aforementioned Project to commence. 4. That such other representatives of the County of Harnett as are required are authorized, empowered and directed to take such further actions as are necessary to implement the directions of this Resolution. Dul~ a~opted this 5th day of March, 1990, upon motion made by CommJ.ssJ.oner -Sha'" ,seconded by Commissioner Hudson , and adopted by the following vote: I AYES 5 NOES 0 ABSTAINED 0 ABSENT n BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT , By: ;:/~ ~.)J ~ L~~ewart, Chairman ATTEST: ~~.\~un,;;..14"4 / Clerk to the Boarqj ,v .".,.-~~ ~~ 225 DOCUMENT NO. 6. Resolution Authorising Bxecution I of Contracting Agency Agre...nt with the County of Barnett THAT WHEREAS, the County of Harnett (hereinafter sometimes referred to as the "County") is planning to acquire and otherwise install a Supervisory Control and Data Acquisition System (hereinafter sometimes referred to as the "SCADA System") which may be used to monitor and regulate the functions of the various water systems it operates; and WHEREAS, it is the desire of the Northwest Water and Sewer District of Harnett County (hereinafter sometimes referred to as the -District") to participate with the County in the County's acquisition and installation of said SCADA System, so as to acquire for itself needed equipment for monitoring and regulating its system; and WHEREAS, the District has requested the County and the County has agreed to act as contracting agent for the District with respect to the acquisition and installation of the necessary SCADA System equipment required by the District so as to meet its needs for the same; and WHEREAS, attached hereto as Exhibit UA" is a Contracting Agency Agreement between the District and the County which makes provision for the County to act as said agent of the District; and WHEREAS, it is the desire of the District to enter into said agreement as provided. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners, sitting as the governing body of the South Central Water and Sewer District of Harnett County that: 1- The South Central Water and Sewer District of Harnett County shall enter into the Contracting Agency Agreement attached hereto as Exhibit A. I 2. The Chairman of the Board of Commissioners, sitting as the governing body of the South Central Water and Sewer District of Harnett County, and the Clerk to the Board and of the District are hereby authorized and directed to execute said Agreement for and in behalf of said District. Duly adopted this the 5th day of March , 1990, upon motion made by Commissioner Collin~ , seconded.by Commissioner Shaw , and adopted by the follow1ng vote: AYES 5 NOES 0 ABSENT 0 ABSTAINED 0 ~a/~d Harnett County Board of Commissioners, sitting as the governing body of the South Central Water and Sewer District of Harnett County ATTEST: L~.~~~~ Clerk to the Boar and of the South Central Water and Sewer District of Harnett County EYJlIBIT A I NORTH CAROLINA CONTRACTING AGENCY HARNETT COUNTY AGREEMENT THIS AGREEMENT is. made and entered into this day of , 1990 by and between the SOUTH CENTRAL WATER AND SEWER , DISTRICT OF HARNETT COUNTY, a municipal corporation organized and existing pursuant to the provisions of Article 6, Chapter 162A of the North Carolina General Statutes (hereinafter referred to 8S the -District") and THE COUNTY OF HARNETT, a body politic organized and existing under the laws of the State of North Carolina (hereinafter referred to as the "County"). 226 WIT N E SSE T H: THAT WHEREAS, the County operates and manages a water production facility and several water distribution systems located within its boundaries, and has established a Department of Public Utilities for the purposes of operating and managing the same; and I WHEREAS, the District was organized and established for the purpose of constructing a water supply and distribution system'to serve water users within the District; and WHEREAS, the County and the District have heretofore entered into a Management Contract dated February 23, 1987 pursuant to which the County operates and manages the system of the District; and I WHEREAS, phase one of the system of the District, including water distribution pipelines, a booster pumping station and an elevated water storage tank, have previously been constructed; and WHEREAS, phase two of the system of the District, including water distribution pipelines, a booster pumping station and a water storage tank, is currently under construction; and WHEREAS, in connection therewith, the District is in need of equipment for monitoring and regulating its system so as to provide for the efficient operation thereof; and WHEREAS, the County is planning to acquire and otherwise install a Supervisory Control and Data Acquisition System (hereinafter sometimes referred to as the SCADA System) which may I be used to monitor and regulate the functions of the various water systems it operates; and WHEREAS, it is the,desire of the Distriqt to participate with the County in the County's acquisition and installation of said SCADA System, so as to acquire for itself the needed equipment for monitoring and regulating its system; and WHEREAS, the District has requested the County and the County has agreed to act as contracting agent for the District with respect to the acquisition and installation of the necessary SCADA System equipment required by the Dist~ict so as to meet its needs hereinabove described; and WHEREAS, the District and the County now desire to set forth the terms of their agreements regarding these matters. NOW, THEREFORE, it is mutually agreed as follows: 1. County, through its Department of Public Utilities, as part of its acquisition and installation of the SCADA System, shall act as contracting agent for and on beh~~f of the District with respect to acquiring and causing to be installed such SCADA System equipment (hereinafter the "equipment") as is needed to efficiently and I appropriately monitor and regulate the system of the District. In such capacity and as part of its overall J . SCADA System acquisition, the County Shall: a. Cause plans and specifications for the SCADA System to be drawn in such a manner so as to enable such portion thereof as applies to the District to be separately and distinctly identifiable from all other portions of the SCADA System to be acquired, said plans and specifications to be further drawn ~_._----- 227 in a manner so as to be in full compliance with all rules, regulations and requirements of the Farmers Home Administration of the United States Department I of Agriculture and such other federal and/or state agencies as may be applicable; b. Cause the above described plans and specifications for the District's equipment to be advertised and bid as part of the overall SCADA System project; c. Enter into a contract or contracts for the acquisition and installation of the SCADA System, including the equipment for the District; d. Cause the installation of the District's equipment to be supervised by qualified and competent engineers; e. Provide for the administration of the acquisition and installation of the District's equipment and to provide for inspection of the installation of the same; f. Provide for the administration of funding obtained for the SCADA System acquisition and installation; g. Maintain a system of accounts for the SCADA System Project which will enable payments made thereunder I for and on behalf of the District to be distinguishable from all other payments made for the Project; h. Pay from the funds provided to it by District (as provided in paragraph 2 below) such ,tatement~ and/or pay estimates as are presented to County for work and/or services related to the acquisition and installation of the District's equipment; i. Otherwise manage the acquisition and installation of the District's equipment. 2. The District shall pay to County such sums which equal the cost of the acquisition and installation of the equipment required by the District, said sums to include District's pro rata portion of costs for engineering and legal services; said sums to be paid by District to County upon notification to District by County of its receipt of statements and/or pay estimates for work and/or services related to the equipment's acquisition and installation. I 3. It is understood that County shall receive no compensation for its services as contracting agent as provided herein. IN WITNESS WHEREOF, the parties hereto, acting under authority of their governing bodies, have caused this Contracting Agency Agreement to be duly executed in duplicate counterparts, each of which shall constitute an original. This the S'fL day of ......MaMJ.. > , 1990. /' 228 DOCUMENT NO. 7. HARNETT COUNTY. NORTH CAROLINA. I RESOLUTION State Secondary Road System , BE IT RESOLVED that the Harnett County Board of Commissioners does hereby. by proper eXecution of this document. request that the North Carolina Department of Transportation delete 0.15 mile of S. R. 1724 from the State Secondary Road System. The section to be deleted would be the end section of S. R. 1724 which is currently 0.70 mile in length. Request the remaining section of S. R. 1724 (0.55 mile) remain on the State Secondary Road System. The section of road requested for deletion will be in the Harnett County Landfill. Adopted this 5th day of March. 1990. HARNETT COUNTY BOARD OF COMMISSIONERS ~ h /}t~""" .. loydf}. Stewart. Chairman ATTEST: L",,, '-t,J. 'l'rt~ ,"'~ /" I Vanessa W. Young. Cl k to ~e Board DOCUMENT NO. 8. HARNETT COUNTY, NORTH CAROLINA. RESOLUTION THAT WHEREAS, the Harnett County Industrial Development Department has been in the process of assisting Pennfield Corporation in selecting a site to locate its proposed new poultry processing operation; and WHEREAS, a Harnett County site has become one of the finalist in Pennfield Corporation's consideration for a new poultry processing operation; and WHEREAS, the Harnett County Board of Commissioners has determined that Pennfield Corporation will make an excellent addition to the existing industrial base of the County of Harnett; and WHEREAS, the Harnett County Board of Commissioners agrees to assist I Pennfield Corporation in any way possible if it so chooses to locate its proposed poultry processing operation in Harnett County. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS, upon motion duly made, seconded, and adopted, that Pennfield Corporation's proposed poultry processing operation has been determined to be an exceptional perspective industry for Harnett County, and every effort will be made to assist Pennfield Corporation if it so chooses to locate within the County of Harnett. Duly adopted this 5th day of March, 1990. HARNETT COUNTY BOARD OF COMMISSIONERS 229 DOCUMENT NO. 9. RBSOLUTIO. BUUSSI.G CO.CSU UGUDI_ I'UllDI_ USftJC'fIO.S IMPOSED BY ftB ........ BOIm ADHJ.ISD.eIOR I THAT WHEREAS, it has come to the attention of the Board of Commissioners of the County of Harnett, State of North Carolina (hereinafter sometimes referred to as the "Board") that certain officials associated with the National Office of the Farmers Home Administration of the United States Department of Agriculture have taken positions that will, in effect, eviscerate the existing Community Facility Loan and Grant Program of the Farmers Home Administration, as the same relates to providing public water service to rural America; and WHEREAS, the taking of such positions, as are hereinafter described, are of great concern to the Board in that the same may destroy the plans of Harnett County and other units of local government similarly situated to provide much needed public water to citizens of rural areas; and WHEREAS, it is the understanding of the Board that one of the items to be considered by the Farmers Home Administration in evaluating a water facilities loan and/or grant application is the impact or potential impact of such facilities on prime, important and unique farmland and woodland; and WHEREAS, it is the further understanding of the Board that the position taken by said officials at the National Office is that when proposed new or expanded facilities cause any impact or potential impact upon such farmland or woodland, then such impact is immediately deemed to be a significant impact, with such designation being so made, without further evaluation or consideration; and WHEREAS, it is the additional understanding of the Board that such finding of significant impact then results in the placement of restrictions upon loans and grants such that the capability of applicants to provide future water connections will be severely limited; and WHEREAS, it is the opinion of the Board that there are I numerous situations where the presence of new or expanded water facilities, while creating some impact on farmland or woodland, result in no detrimental effects, but rather provide much needed potable drinking water to rural families and farm operations; and WHEREAS, it is the further belief of the Board that one of the reasons for the existence of the Farmers Home Administration is to provide financial assistance to rural counties and local governmental units throughout the nation so that water services may be provided for such units; and WHEREAS, the placement of conditions on loans and grants so as to limit and restrict the future growth of rural water system facilities will place financial burdens on potential recipients of such loans and grants so as to make the acceptance of the same economically unwise; and WHEREAS, such result is believed to be contrary to the very reason for the existence of the Farmers Home Administration and its Community Facilities Loan and Grant Program, and will virtually decimate and destroy the same; and WHEREAS, it is the considered opinion of the Board that such positions as are herein described and currently being taken by said National Office of the Farmers Home Administration should be reevaluated and reconsidered and ultimately reversed; and WHEREAS, it is the recommendation of the Board that a new policy should be established by the National Office whereby the Farmers Home Administration would indicate that the mere finding of some impact or potential impact on farmland or woodland may not be considered a significant impact, and that it would approve funding so long as there was no promotion of growth in such areas; and WHEREAS, the Board considers that such a policy would not defeat the protections afforded such farmland and woodland, as the same are adequately protected pursuant to existing agencies such I as the Agricultural Stabilization and Conservation Service and legislation such as the "Sodbuster" bill; and WHEREAS, the Board believes that such policy as recommended, by not encouraging promotion of growth on farmland and woodland compliments the protections otherwise afforded to such areas, while e~abling the Farmers Home Administration in appropriate c~rcumstances to fulfill its purpose by providing funding to construct and enlarge water facilities for rural citizens. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett in the State of North Carolina that: 1- The Board hereby restates and incorporates herein by reference the recitations hereinabove made, thereby setting forth its concerns relative to the matters stated. 2. The Board hereby recommends that a policy such as that hereinabove set forth should be adopted by the Farmers Home Administration for the purposes and reasons expressed. 230 3. Copies of this Resolution shall be provided to such persons, firms, associations, governmental units and other departments and agencies as may be appropriate so I as to make known the concerns of the Board relative to the matters herein set forth. Duly prepared pursuant to the direction of the Board of Commissioners of Harnett County as authorized at its meeting held on the 5th day of March, 1990. Board of Commissioners of the County of Harnett By: ;(~)J ~ LI Y . Stewart, Chairman ATTEST: ~~. ~n~~J/ Clerk to the Boa a I I -