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Home My WebLink About040615a Agenda PackageHARNETT COUNTY BOARD OF COMMISSIONERS County Administration Building 102 East Front Street Lillington, North Carolina Regular Meeting April 6, 2015 9:00am 1. Call to order -Chairman Jim Burgin 2. Pledge of Allegiance and Invocation-Commissioner Abe Elmore 3. Consider additions and deletions to the published agenda 4. Consent Agenda A. Minutes B. Budget Amendments C. Tax refunds, rebates and release D. Bond Order Authorizing the Issuance of Enterprise Systems Revenue Refunding Bond of the County of Harnett, North Carolina. E. Resolution of the Board of Commissioners ofthe County ofHarnett, North Carolina, Authorizing the Approval, Execution and Delivery ofVarious Documents in Connection with the Issuance of County of Harnett, North Carolina Enterprise Systems Revenue Bond, Series 2015; Providing for the Placement of the Bond; Setting Forth the Terms and Conditions Upon Which the Bond is to be Issued; and Providing for Certain Other Matters in Connection with the Issuance, Sale and Delivery of the Board. F. Resolution of the Board of Commissioners ofthe County ofHarnett, North Carolina, Approving an Amendment to an Installment Purchase Contract and Providing for Certain Other Related Matters. G. Sheriffs Office requests approval to accept the donation of equipment valued at $10,392 from the Naval Special Warfare Development Group. H. Proclamation-National Service Recognition Day-April 7, 2015 I. Approval of Campbell University's request to waive permitting fees up to $56,000 of permitting fees associated with the construction of Campbell's Nursing and Health Science Facility. 5. Period of up to 30 minutes for informal comments allowing 3 minutes for each presentation 6. Appointments 7. Presentation of Proclamation proclaiming April 7, 2015 as National Service Recognition Day 8. The Harnett County Board of Commissioners, sitting as the governing body ofthe South Central Water and Sewer District of Harnett County, will consider authorizing the Release and Conveyance of Private Rights of Way along Ray Road from the South Central Water and Sewer District of Harnett County to NC Department of Transportation. Page 1 040615 HC BOC Page 1 9. Proposed Amendments to the Harnett County Ordinance Permitting the Posting of Signs to Prohibit the Carrying of Concealed Handguns on Certain County Property, MonicaL. Jackson, County Staff Attorney 10. Presentation ofHarnett County Cooperative Extension/NC State 2015 Staff Roll-out Plan and request for approval to change County percentage of staff salaries, Tyrone Fisher, County Extension Director 11. Proposed Amendments to the Voluntary Agricultural District Ordinance, R.H. Byrd, Chairman of the Harnett County Voluntary Agricultural Advisory Board 12. County Manager's report-Joseph Jeffries, Interim County Manager -Harnett County Public Health Activities Summary-February 2015 -Harnett County Veteran Affairs Activities Report-March 31, 2015 -Eric Truesdale has been appointed by Governor Pat McCory to serve on the North Carolina Governor's Working Group for Veterans and their Families. 13. New Business 14. Closed Session 15. Tour of facility located at 420 McKinney Parkway in Lillington, NC 16. Adjourn Page2 040615 HC BOC Page 2 Agenda 1 tern _4____,.__•---.::;,.A_.._ __ HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting March 16, 2015 The Harnett County Board of Commissioners met in regular session on Monday, March 16, 2015, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Jim Burgin, Chairman Gordon ~pringle, Vice Chairman Abe Elmore, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner Joseph Jeffries, Interim County Manager Paula Stewart, Interim Deputy County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Burgin called the meeting to order at 7:00pm. Boy Scout Troop 794 Scout Master Jim Martin led the pledge of allegiance. Vice Chairman Springle gave the invocation. Chairman Burgin called for additions and deletions to the published agenda. Commissioner Miller moved to approve the agenda as presented. Vice Chairman Springle seconded the motion which passed unanimously. Vice Chairman Springle moved to approve the following items listed on the consent agenda. Commissioner McKoy seconded the motion which passed unanimously. 1. Minutes: March 2, 2015 Regular Meeting 2. Budget Amendments: 273 Airport Code 110-6500-406.43-16 Maintenance & Repair Equipment 110-0000-356.30-00 General Funds-Insurance Claims 276 Public Buildings Code 110-4700-410.74-74 Capital Outlay-Equipment 110-4700-410.43-17 Maintenance & Repair Equipment 283 Emergency Services Code 110-5300-420.60-33 Materials & Supplies 110-0000-356.30-00 Reimbursement Insurance Claim 893 increase 893 increase 12,909 increase 12,909 decrease 249 increase 249 increase March 16, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of7 040615 HC BOC Page 3 299 Governing Body Code 110-4100-410.33-44 Assistant District Attorney 11 0-0000-3 99.00-00 Fund Balance Appropriated 3. Tax refunds, rebates and release (Attachment 1) 4. Resolution to add roads to state system (Attachment 2) 32,690 increase 32,690 increase 5. Resolution ofthe Board of Commissioners ofthe County ofHamett, North Carolina, Authorizing the Negotiation of an Amendment to an Installment Purchase Contract and Providing for Certain Other Related Matters Thereto. (Attachment 3) 6. Resolution of the Board of Commissioners ofthe County of Harnett, North Carolina, Directing the Application to the Local Government Commission for Approval of an Enterprise Systems Revenue Refunding Bond; Requesting Local Government Commission Approval of the County's Enterprise Systems Revenue Refunding Bond and Certain Related Matters. (Attachment 4) 7. The Angier Kiwanis Club requested waiver of rental fee for the use of the Commons Area meeting room for their upcoming 1 oath Anniversary of Kiwanis Meeting. 8. Approval of revised 2015 Schedule ofMeetings ofthe Harnett County Board of Commissioners 9. Order the Tax Administrator to advertise, pursuant to NC G.S. 105-369, unpaid taxes for the fiscal year 2014-2015 that constitute a lien on real property. Currently the unpaid taxes and interest total $2,430,393.43. Chairman Burgin opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. -Jerry Revas of364 Twin Ponds Road in Sanford said he had done some math concerning distances for the explosive discharge and any kind of distance would probably in effect ban the stuff given the acreage required. Mr. Revas asked commissioners to consider adopting an ordinance similar to one in Cumberland County where if you violate a No- Contact Order you are arrested immediately and are held until a show-cause hearing can be held. He said his family has had an eight year on-going dispute with their neighbor and are on their second No-Contact Order. John F. Smith Sr. of780 Leslie Campbell Avenue in Buies Creek, speaking as the President ofthe Shawtown High School Alumni Association, asked the commissioners to please consider turning the old Shawtown High School facility over to the Shawtown High School Alumni Association instead of disposing and/or demolishing the facility. The Shawtown High School Alumni Association asked for the opportunity to make the facility an asset to the Shawtown community and to the entire county. He said they would do everything possible to make it become an asset and would certainly keep the County informed as they moved forward. March 16, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of7 040615 HC BOC Page 4 Chairman Burgin recognized Bill Morris, Chairman ofthe Harnett County Board of Education. Vice Chairman Springle moved to approve the appointments listed below. Commissioner Miller seconded the motion which passed unanimously. SOUTHEASTERN ECONOMIC DEVELOPMENT COMMISSION Abe Elmore (nominated by Vice Chairman Springle) was reappointed to serve on this commission for a term of four years ending Apri130, 2019. TOWN OF ERWIN-PLANNING BOARD ETJ MEMBER James Anthony Godwin of 181 Armstrong Street in Dunn (nominated by Vice Chairman Springle) was appointed to serve as an ETJ alternate member on the Town of Erwin Planning Board for a term ofthree years ending March 2, 2018. Randy Baker, Senior Zoning Inspector, petitioned the Board for a public hearing regarding the proposed Explosives Detonation Ordinance. The proposed ordinance is a police power ordinance requested by Harnett County Planning Services and will be administered by the Harnett County Sheriff's Office. The reason for the ordinance is increased concerns over the life, health and safety of Harnett County citizens, as related to the unregulated detonation of explosives. Mr. Baker gave a brief introduction noting the ordinance is to regulate the detonation of explosives and cited regulatory authority granted by N.C. General Statute 153A- 128. Mr. Baker reviewed the proposed ordinance development and review summary provided to commissioners. The initial ordinance was drafted by Harnett County Planning Department staff in April2014. Mr. Baker noted the proposed ordinance was also reviewed by the review panel comprised of citizens representing all districts of the county. Draft #5 of the proposed ordinance went to the Harnett County Planning Board on February 2, 2015, where they voted unanimously to approve as submitted, with a favorable recommendation. The Harnett County Board of Commissioners, during their February 1Oth work session, requested further review of a few items and the current proposed ordinance under consideration is Draft #6. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. -Wendy Criss of 551 Fred Burns Road said when you hear such a loud bang you think someone has hit your house with a car or a plane flew in to it; her whole house shakes and it scares the daylights out of her. She said things have been very quit since the last meeting. Ms. Criss said she is surrounded by it and it has been going on for quite a while. She said she has health issues and is on pins and needles wondering when the next one is going to come. She said she would appreciate if they would go someplace else and set them off. Aaron Schuler of261 Highland Forest Drive said he lives close enough to Fort Bragg that they get that on a continual basis and honestly can't tell if its artillery firing, incoming, outgoing, military planes flying over and he doesn't know who is actually setting off the detonations. He said he would think rather than having an ordinance that covers explosives in general that they could amend the fireworks or noise ordinances. Mr. March 16, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of7 040615 HC BOC Page 5 Schuler believes this can be accomplish other ways without nibbling at our second amendment rights. He said he enjoys shooting big, loud guns. Mr. Schuler said the federal government already regulates binary explosives even though he is sure people are mixing more than the limits. He said no one is enforcing the fireworks ordinance on the books right now so having another rule that is difficult to enforce is not the answer. -AI Williams said for the last three years people have been going haywire blowing stuff up. He said everyone in the county knows exactly who is doing it and whose property it is coming from; there is no mystery if it's Fort Bragg or someone blowing up fireworks or shooting a gun. Mr. Williams said people are having their homes shaken 4,000 to 5,000 feet from detonation and you don't really know what is being blown up. He said it really messes up animals, including farm animals, and is causing all types of problems for people trying to earn a living farming. Mr. Williams said it also causes problems for military veterans living with PTSD. He said there is absolutely no positives to allowing people to blow up explosives in a residential neighborhood. Mr. Williams said he has a petition with 70 signatures which includes some people who blow this stuff up but are fed up with others blowing up unregulated amounts. Mr. Williams also said this stuff is a fire hazard. He said he supports the requirement in the proposed ordinance of obtaining written consent of those within 1,500 feet from point of detonation. -Carl Reichenbach of 202 Clover Ridge in Neills Creek Farms said he does not see this as a gun issue but an issue of noise and danger. Mr. Reichenbach said the facts as he sees them are exploding targets are allowed, they e~plode, they are easily available, they are not that expensive and they can be used without discretion. He said there is no necessary purpose to an exploding target. Mr. Reichenbach said controlling this product with regulation is not going to work. He said this product affects his quality of life and his property value. Mr. Reichenbach said it is unrealistic for this Board to try to regulate this product which he believes will put an unfair and unrealistic burden on law enforcement. He said the product should be simply banned as there is not place in this county for an unnecessary dangerous product. Paul Williams of 357 Wade Stevenson Road said he really doesn't care what it is, all he knows is it rocks his windows almost a mile away from his house. Mr. Williams said it is completely unnecessary, it serves no useful purpose and is a pure disturbance. He said this has nothing to do with the second amendment; the second amendment is not the right to bare bombs. Mr. Williams questioned why the language "The Sheriff of Harnett County, or his/her designee, shall be responsible for the administration and enforcement ofthis Ordinance" was removed from the Harnett County Firearms Discharge Ordinance. Sheriff Rollins responded that the removal of the language changes nothing; a misdemeanor is a violation in any ordinance. He noted the language was initially included due to the Chief District Court Judge's interpretation. Sheriff Rollins said if a misdemeanor is not committed in the presence of an officer, with a few exceptions, he cannot take action on that. Sheriff Rollins said he felt that that itself may be something for a defense attorney to hang his hat on; if we charge someone that's in the court for the hearing, the way it was set up it sounded like only the Sheriff could do that. Sheriff Rollins said by removing that language, it is a misdemeanor violation like any other misdemeanor that is on the books and is handled the same way judicially where a Deputy or citizen may have information that they can bring to the Magistrate in a charge. Mr. Williams also asked, referring to the proposed Explosives Detonation Ordinance, how March 16, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of7 040615 HC BOC Page 6 does a person report a violation and start an investigation. Sheriff Rollins responded you call the Sheriff's Office, like with any misdemeanor, and they will investigate. -Robert Yost of 40 Pinecrest Way in Neills Creek Farms said in January of this year somebody set off a bomb, he said he wouldn't even call it an exploding target". He said it shook his house. Mr. Yost said he was outside and could feel the concussion of the exploding target which momentarily caused pain in his ears. He said he called the Sheriff and discussed this with him. Mr. Yost said this activity has picked up significantly and is outofcontrol. -Clifford Lynch of 1076 Willard Drive said one ofthe reasons he moved here three years ago from Atlanta was because of the peace and quiet the county offered. Mr. Lynch said just because it's legal doesn't necessarily make it right. He said the exploding targets interfere on his constitutional right to live in peace and quiet. Seeing no one else move, Chairman Burgin closed the public hearing. Mr. Baker clarified that this ordinance is not directed specifically toward exploding targets however that is one of the component of the ordinance. Mr. Baker said this ordinance deals with anything that has an explosive reaction. He noted these products are sold at as common household chemicals in unlimited amounts at local hardware and sporting goods stores however when you mix them together you create a binary explosive. Mr. Baker said they have seen, through their research, 35 pounds ofthis material mixed together throw a mid-size car approximately 15 feet in the air. He said there is no regulation on the simple target materials. Mr. Baker said an individual demolishing a building would be regulated through federal and state laws. A TF said they cannot do anything unless something is done at the state legislature because at this point is not illegal the way the chemicals are manufactured and sold. Commissioner Miller noted that during a demonstration at Range 3 7 they shot a pound of material which Mr. Baker confirmed resulted in decimal levels in the 70ies at 1,500 feet. Mr. Baker said the sound of the gun actually fired to detonate that small of an amount was about the same decimal level but of course when you mix more material together you get a bigger boom, bigger noise, and bigger concussion. Vice Chairman Springle moved to adopt the Explosive Detonation Ordinance as presented. Commissioner McKoy seconded the motion which passed 4 to 1 with Commissioner Miller opposing. County Attorney Dwight Snow confirmed adoption of this ordinance as it was not changed significantly since its introduction. Mr. Baker petitioned the Board for a public hearing regarding the proposed text amendment to the Harnett County Firearms Discharge Ordinance. The proposed text amendment; Article 5 Administration, of the police power ordinance was requested by Harnett County Planning Services and Sheriff's Office and will be administered by the Harnett County Sheriff's Office. The reason for the proposed text amendment is to remove any misinterpretation of a citizen's right to seek legal actions against a violator. Mr. Baker clarified they are simply removing language so it does not lead to any misinterpretation of how this ordinance can be enforced. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. -Paul Williams of 357 Wade Stevenson Road confirmed that the previous ordinance was adopted. March 16, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of7 040615 HC BOC Page 7 -Jerry Revas of364 Twin Ponds Road in Sanford requested clarification from Sheriff Rollins on how someone would report a violation of the Harnett County Firearms Discharge Ordinance. Seeing no one else move, Chairman Burgin closed the public hearing. Vice Chairman Springle moved to adopt the proposed text amendment to the Harnett County Firearms Discharge Ordinance as presented. Commissioner Miller seconded the motion which passed unanimously. Mr. Jeffries presented the following reports: -Harnett County Veteran Affairs Activities Report -February 2015 -Harnett County Planning Services Report-February 2015 -Interdepartmental budget amendments Mr. Jeffries noted the recent kick off of the Economic Development Strategic Plan and Land Use Plan for Harnett County. He said there have been multiple focus group meetings with a lot of participation and positive feedback. Chairman Burgin said he had been approached by the Angier Town Manager Coley Price who asked about the possibility of Ted Abernathy with Economic Leadership developing plans targeted for each individual town in the county once the county plan is complete. Chairman Burgin said this may result in an add-on. Commissioners asked Mr. Jeffries to follow up on this request. Mr. Jeffries shared a few preliminary budget numbers with the Board. Mr. Jeffries noted requests for 85 new full-time positions, 38 new part-time positions, capital totaling $2.3 million, and 44 new vehicles totaling $1.1 million. Mr. Jeffries also publicly introduced Paula Stewart as the new Interim Deputy County Manager. Chairman Burgin called for any new business. Commissioner Miller said we need to revisit the roadside trash issue in this county. He said he thinks we have enough people sitting in government confinement that could help us clean these roadsides up. He said it is a shame to ride through this county and look at the trash that is on the side of the roads which he believes the majority of the trash comes out of people's vehicles. Commissioner Miller also said we have a lot of areas in the county with burned out or abandoned houses. He said there are some areas in his district where ladies, whose husbands are deployed, are afraid to come out of their homes. Commissioner Miller believes if we can clean up some neighborhoods then those neighborhoods will be prosperous again. Mr. Jeffries responded that we already have an established process in place for taking care of these types of homes but the problem is the final steps require a financial obligation on the County's part to deconstruct these facilities. Staff confirmed that any abatement cost could be put back on the property owner in the form of a lien which if not recouped within a designated timeframe we then proceed with legal action. Chairman Burgin said people need to know we are going to do it, they will have a certain amount oftime to get it straightened out or they will lose it. Commissioner Miller said he has had some interesting discussions with banks regarding the foreclosure process and banks having to pay taxes to the County on those homes. He believes we can work with some of those banks and instead of them putting the property back in the person's name foreclosed on, have them give it to the County. Commissioners Burgin and Miller said once a property is cleaned up, March 16, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of7 040615 HC BOC Page 8 the County could then resale it with the money going back into a revolving fund to clean up more properties. Chairman Burgin confinned with Mr. Snow that the County can send information to lenders letting them know they could do this to avoid those taxes. Mr. Baker noted staff is currently doing something similar to that with the Abandoned Mobile Home Project Initiative. With this project, Mr. Baker said you must have a party willing to sign everything over to the County and basically pay the contribution to the program that it costs to throw materials away. Mr. Baker said there is no funding mechanism currently in place to address stick built homes. He said they have had some success where citizens have willing allowed them to take down a structure and actually paid for the demolition. He said funding is necessary when citizens are not willing and abatement action is needed. Commissioners asked staff to report back to them with a plan. Mr. Jeffries asked for clarification if they are looking for this to be implemented immediately or in the upcoming budget. Chairman Burgin said if we have money available in the budget now to go ahead and get started as soon as possible. Commissioners and staff continued to discuss this issue. Mr. Baker reviewed the current process used for someone in violation for a burned out abandoned mobile home. Mr. Jeffries said we may already have properties that have started through this process but staff needed a financial commitment to move forward for condemnation. Staff said if they have that funding mechanism in place then you will start seeing some of these issue being resolved. Mr. Baker noted technically we do not have minimum housing in Harnett County. He said staff will research the issue to make sure they would not be violating any state guidelines or statutes without adopting a Minimum Housing Code. Mr. Baker noted that the task force created to look at problem properties had previously looked at handling problem properties through the state building code or through the environmental health department through dangerous and unsafe structures. Commissioner Miller asked if he could arrange to have a YMCA representative meet with the Board to discuss the possibility ofhaving a YMCA in the county. It was the consensus of the Board to invite the YMCA representative to an upcoming work session. Commissioner McKoy moved that the Board go into closed session to (1) discuss matters relating to the location or expansion of industries or other businesses in Harnett County; and (2) to instruct the County staff concerning the position to be taken by the County in negotiating the terms of a proposed contract for the purchase of real property. This motion is made pursuant to N.C. General Statute Section 143-318.ll(a)(4)&(5). Vice Chairman Springle seconded the motion which passed unanimously. Commissioner Elmore moved that the Board come out of closed session. Vice Chairman Springle seconded the motion which passed unanimously. Commissioner Elmore moved to adjourn the meeting at 8:43 pm. Commissioner Miller seconded the motion which passed unanimously. Margaret Regina Wheeler, Clerk Jim Burgin, Chairman March 16, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of7 040615 HC BOC Page 9 Agenda Item _l./_:!,__---'~,8illlllillllfllt-- BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board ofthe County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the General Fund, Sheriff's Department, the appropriations are to be changed as follows: < EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-5100-420-74-74 Capital Outlay 18,291 110-5100-420-43-26 Auto Damage ~8,69& 10,0( 110-5100-420-60-33 Materials and supplies 19,769 r REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To increase Capital Outlay for the 2014-2015 Budget year by$ 11,390.33 for Forensic Drying Cabinet, $ 6,900.00 for taxes on 10 new chargers ordered and$ 19,769.00 for the purchase of Riot Gear. APPROVALS: Section 2. Copies of this budget amendment shall be furnis Budget Officer and the Finance Officer for their direction. Adopted this day of ,201¥-5 Margaret Regina ~ LV 1-t ee I e,... Clerk to the Board JiV\1'\ ~IA,_a;v, ::lee Miller, Chairman Harnett County Board of Commissioners 040615 HC BOC Page 10 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Boord of the County of Harnett. North Carolina, that lhe following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the Highland Middle Schoo! Project CP 1301 Fund 331, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 331-8300-480-47-26 'Construction Contract 5 $525,095 331-8300-480-47-62 Continqency $525,095 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To budget funds for the construction of Auxiliary Buildings for the Highland Middle School. The contract was awarded to Engineered Construction Company. APPROVAlS: County Manager (dote) Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Boord, and to the Budget Officer and the Finance Officer for their direction. Adopted ________________________________ ___ Margaret Reg in~ "<.) ~e e feY' Clerk to the Board Jim Burgin, Chairman Harnett County Boord of Comm 040615 HC BOC Page 11 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the Public Utilities Department Capital Project PU 1002 SCWW 1B -2, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 57 4-9100-431-45-20 Legal and Admin $25,000.00 574-9100-431-45-80 Contingency $25,000.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: Increase Legal and Admin to cover anticipated fees APPROVALS: r (date)l (, 1 ~ ~ \\';4. Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this day of Margaret Regina Wheeler, Clerk to the Board J 2015. Jim Burgin, Chairman Harnett County Board of Commissioners 040615 HC BOC Page 12 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the General Fund, Social Services Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT 1 CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7710-441.80-60 Day Care Smart Start 667,000 110-7710-441.80-50 Day Care 1,677,671 110-7710-441.80-90 Crisis Intervention 12,915 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-330.77-05 DAY CARE SMART START 667,000 110-0000-330.77-04 DAY CARE-SUBSIDY 1,677,671 110-0000-330.77-01 SOCIAL SERVICES ADMINISTRATION 12,915 EXPLANATION: To adjust Subsidy and to budget Smart Start funding for Day Care services; and to adjust the funding for the Crisis Intervention Energy Program. efts Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this_ day of _____ 2 __ Margaret Regina Wheeler, Clerk to the Board Jim Burgin, Chairman Harnett County Board of Commissioners ~OO'o 040615 HC BOC Page 13 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the General Fund, Cooperative Extension, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7300-465-32-31 4-H 3,500 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-3 9 9-00-00 Fund Balance Appropriated 3,500 .Inc.r.ease -f:;nc/s -fo .o..r::3..cr-ode 4-1-/ progro;n EXPLANATION: Vn17/ r1C/ o,f-"' -fJ"s'ca) year, APPRO S~:~~~ ~{:;~J:"X) __ h'-'L\'"'-q~9rt__J-/?-;_) Finance Offictf (date):$ l &>J/ (-5 C::Unty Manager (date) Section 2. Copies ofthis budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler Clerk to the Board day of Jim Burgin, Chairman Harnett County Board of Commissioners 30\ b 040615 HC BOC Page 14 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the General Fund, Parks and Recreation, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-8200-450.31-87 Dunn-Erwin Trail $6,500 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 11 0-D000-399 .00-00 Fund Balance Appropriated $6,500 EXPLANATION: To increase Fund Balance Appropriated to budget Averasboro Rec fees to assist the Dunn-Erwin Rail Trail Authority in theCounty Attorney's reccommended due diligence to acquire a donated land parcel. Funds will be used for a Survey of property adjacent to the trail. The Phillips family would like to donate 109 acres to be used recreationally to the County. APPROVALS: L£ J~Jt?-}5 Department Head (date) Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted __________________________________ _ Margaret Regina 9eniet WAfle.ler- Cierk to the Board Jim Burgin, Chairman Harnett County Board of Comm 040615 HC BOC Page 15 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the General Fund, Cooperative Extension, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7325-465-11-00 Salaries & Wages 12,524 110-7325-465-21-00 Group Insurance Expense 2,810 110-7325-465-21-05 Employee Clinic 117 110-7325-465-22-00 FICA Tax 958 110-7325-465-23-00 Regular Retirement 885 110-7325-465-25-10 Unemployment Benefits 125 110-7 325-465-26-08 Workers Compensation 478 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-331-73-25 Child Care Youth Training 17,897 EXPLANATION: To decrease budget in Child Care Youth Training program. ~~'1!?-IS' County Manager {date) Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler Clerk to the Board day of Jim Burgin, Chairman Harnett County Board of Commissioners 040615 HC BOC Page 16 Sharon Williams From: Jamie Strickland Sent: To: Tuesday, March 03, 2015 3:58 PM Sharon Williams Subject: Budget amendment Sharon, 1 am currently going through my grants and preparing for year-end audit. I noticed that there is budget in FY2015 for Child Care Youth Training (7325t and we did not have this grant this fiscal year. Will you please do a budget amendment to decrease the revenue and expenditure for this grant? If you should have any questions please contact me. Thanks, and have a great night!! GM200104 Fiscal Year 2015 CNTY OF HARNETI Account Balance Inquiry Account number ... : 110-0000-331.73-25 Fund ........ : 110 GENERAL Department ..... : 00 Division ...... : 00 Activity basic ... : 33 INTERGOVERNMENTAL REV Sub activity .... : 1 FEDERAL GRANTS Element ...... : 73 COOPERATIVE EXTENSION Object ....... : 25 CHILD CARE YOUTH TRAINING Estimated revenue ...... : Actual receipts-current .. : Actual receipts-ytd .... : Unposted receipts ...... : Total receipts ........ : Unrealized revenue ...... : Jcu1~Str~ Accounting Technician IV Grants Administrator Harnett County Finance 910-893-7557 (office) 910-814-6099 (direct) 910-893-3445 (fax) Harnett COUNTY • ' .• . .,.-<-.•. "'~~ strong roots • new growth .00 .00 .00 .00 0.0% 17,897.00 100.0 % 3/03/15 15:51:57 1 040615 HC BOC Page 17 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the General Fund, Cooperative Extension, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7319-465-23-01 Regular Retirement 350 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-353-73-27 Adolescent Parenting-Betsy Johnson Reg. Hos. 350 EXPLANATION: To budget funds from Betsy Johnson Regional Hospital for Retirement Benefits in the Adolescent Parenting Program. Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler Clerk to the Board day of Jim Burgin, Chairman Harnett County Board of Commissioners 040615 HC BOC Page 18 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the General Fund the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 11 0-41 00-41 0.11-01 Board of Commissioners Salaries/Wages $1,690 11 0-41 00-41 0.22-00 Board of Commissioners FICA $126 11 0-41 00-41 0.25-l 0 Board of Commissioners Unemployment $17 11 0-41 00-410.26-08 Board of Commissioners Workers Comp $6 1 10-4150-41 0. 11 -00 Administration Salaries/Waoes $8,351 11 0-4150-41 0.22-00 Administration FICA $664 11 0-4150-41 0.23-00 Administration retirement $591 1 1 0-4150-41 0.25-1 0 Administration unemployment $90 11 0-4150-410.26-08 Administration Workers Comp $32 11 0-4155-410.11-00 LeQal Salaries/WaQes $1,519 11 0-4155-41 0.22-00 LeQal FICA $117 11 0-4155-410.23-00 LeQal Retirement $108 11 0-4155-410.25-10 Legal unemployment $16 110-4155-410.26-08 Legal Workers Comp $6 110-4180-410.11--00 Engineering Salaries/WaQes $1.813 11 0-4180-410.22-00 Enaineerina FICA $137 110-4180-410.23-00 EnoineerinQ retirement $129 11 0-4180-410.25-10 EnaineerinQ Unemployment $19 110-4180-410.26-08 EnaineerinQ Workers Como $42 110-4250-410.11-00 Human Resources Salaries/Waoes $8,587 11 0-4250-41 0.22-00 Human Resources FICA $653 11 0-4250-41 0.23-00 Human Resources Retirement $608 11 0-4250-41 0.25-10 Human Resources unemployment $86 11 0-4250-41 0-26-08 Human Resources Workers Como $71 11 0-4300-41 0. 11-00 Board of Elections Salaries/Waoes $4,728 11 0-4300-41 0.22-00 Board of Elections FICA $358 11 0-4300-41 0.23-00 Board of Elections Retirement $335 11 0-4300-410.25-1 0 Board of Elections Unemployment $49 11 0-4300-41 0.26-08 Board of Elections Workers Camp $54 11 0-4400-410.11-00 Finance Salaries/Waoes $27,701 11 0-4400-410.22-00 Finance FICA $2,062 11 0-4400-4 1 0.23-00 Finance Retirement $1,959 11 0-4400-41 0.25-1 0 Finance Unemployment $278 110-4400-410.26-08 Finance Workers Como $97 110-4500-410.11-00 Tax Salaries/WaQes $34,545 11 0-4500-410.22-00 Tax FICA $2,526 11 0-4500-410.23-00 Tax Retirement $2,443 11 0-4500-410.25-10 Tax Unemployment $346 11 0-4500-41 0.26-08 Tax Workers Comp $268 110-4600-410.11--00 General Services Salaries/WaQes $4,144 110-4600-41 0.22-00 General Services FICA $312 110-4600-410.23-00 General Services Retirement $293 11 0-4600-410.25-1 0 General Services Unemployment $42 11 0-4600-41 0.26-08 General Services Workers Comp $72 110-4610-410.11-00 Fleet Maintenance Salaries/WaQes $4,370 11 0-461 0-41 0.22-00 Fleet Maintenance FICA $383 110-4610-410.23-00 Fleet Maintenance Retirement $309 110-4610-410.25-10 Fleet Maintenance Unemployment $51 11 0-4610-41 0.26-08 Fleet Maintenance Workers Como $159 11 0-4650-41 0.11-00 Transportation Salaries/WaQes $1,773 040615 HC BOC Page 19 EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 11 0-4650-410. 11-05 Transportation Overtime $375 11 0-4650-410.22-00 Transportation FICA $1.319 11 0-4650-410.23-00 Transportation Retirement $1,220 I 1 0-4650-41 0.25-I 0 Transportation Unmployment $167 1 I 0-4650-41 0.26-08 Transportation Workers Camp $1,366 110-4651-410.11-00 Tronsporation Admin Salaries/Wages $4,150 11 0-4651-410.22-00 Transportation Admin FICA $305 110-4651-410.23-00 Transportation Admin Retirement $294 110-4651-410.25-10 Transportation Admin Unemployment $42 110-4651-410.26-08 Transportation Admin Workers Como $253 110-4700-410.11-00 Facilities Maitenance Salaries/Wages $17,552 11 0-4700-410.22-00 Facilities Maitenance FICA $1,280 11 0-4700-410.23-00 Facilitlies Maitenance Retirement $1,241 II 0-4700-410.25-1 0 Facilities Maitenance Unemployment $176 II 0-4700-410.26-08 Facilities Maitenance Workers Como $733 I I 0-4800-4 I 0.1 1-00 Register of Deeds Salories/Waqes $14,545 I I 0-4800-41 0.22-00 Reqister of Deeds FICA $1,029 I 1 0-4800-41 0.23-00 Reqister of Deeds Retirement $1,029 I I 0-4800-41 0.25-1 0 Register of Deeds Unemployment $146 I I 0-4800-41 0.26-08 Reaister of Deeds Workers Como $51 1 I 0-4900-41 0. I 1-00 Information Technoloqy Salaries/Waqes $29,116 11 0-4900-41 0.22-00 Information Technolo~w FICA $2,148 11 0-4900-410.23-00 Information Technology Retirement $2,059 II 0-4900-41 0.25-1 0 Information Technoloqy Unemployment $292 II 0-4900-410.26-08 Information Technoloqy Workers Camp $102 110-4910-410.11-00 GIS Salaries/Wages $12,478 II 0-491 0-41 0.22-00 GIS FICA $910 110-4910-410.23-00 GIS Retirement $883 110-4910-410.25-10 GIS Unemployment $98 11 0-4910-41 0.26-08 GIS Workers Como $44 11 0-5100-420.1 1-00 Sheriff Salaries/WaQes $225,461 110-5100-420.11-08 Sheriff Overtime DEA $418 110-5100-420.22-00 Sheriff FICA $17,940 110-5100-420.23-00 Sheriff Retirement $1,474 I I 0-51 00-420.23-02 Sheriff LEO Retirement $15,172 110-5100-420.25-10 Sheriff Unemployment $2,376 I 1 0-51 00-420.26-08 Sheriff Workers Camp $8,370 110-5101-420.11-00 Sheriff Campbell Deputies Salaries/Waoes $9,782 I I 0-51 01-420.22-00 Sheriff Campbell Deputies FICA $731 110-5101-420.23-02 Sheriff Campbell Deputies Leo Retirement $725 110-5101-420.25-10 Sheriff Campbell Deputies Unemployment $98 II 0-51 01-420.26-08 Sheriff Campbell Deputies Workers Como $386 110-5104-420.11-00 Child Support Enforcment Salaries/Waqes $1,883 110-5104-420.22-00 Child Support Enforcement FICA $133 110-5104-420.23-02 Child Support Enforcement LEO Retirement $140 110-5104-420.25-1 0 Child Support Enforcement Unemployment $19 110-5104-420.26-08 Child Support Enforcement Workers Camp $75 110-5110-420.11-00 Sheriff Communications Salaries/Waaes $38,144 110-5110-420.11-05 Sheriff Communications Overtime $2,080 11 0-51 I 0-420.22-00 Sheriff Communications FICA $3,171 110-5110-420.23-00 Sheriff Communications Retirement $2,844 110-5110-420.25-1 0 Sheriff Communications Unemployment $403 110-5110-420.26-08 Sheriff Communications Workers Camp $196 110-5120-420.11-00 Sheriff Jail Salories/Waqes $81,239 110-5120-420.22-00 Sheriff Jail FICA $6,207 11-5120-420.23-00 Sheriff Jail Retirement $5,506 11 0-5120-420.23-02 Sheriff Jail Retirement $276 110-5120-420.25-10 Sheriff Jail Unemployment $830 11 0-5120-420.26-08 Sheriff Jail Workers Camp $3,147 040615 HC BOC Page 20 EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 11 0-5300-420.11-00 Emeraency Services Salaries/Wages $14,484 110-5300-420.11-05 Emeraency Services Overtime $3,005 11 0-5300-420.22-00 Emeraencv Services FICA $1,317 11 0-5300-420.23-QO Emeraencv Services Retirement $1,237 110-5300-420.25-10 Emeraencv Services Unemployment $181 110-5300-420.26-08 Emeraencv Services Workers Como $459 11 0-5400-420.11-00 Emen:~encv Medical Service Salaries/Waaes $56,918 110-5400-420.11-05 Emerqency Medical Service Overtime $38,615 110-5400-420.22-00 Emerqency Medical Service FICA $8,219 11 0-5400-420.23-00 Emeraency Medical Service Retirement $6,773 11 0-5400-420.25-1 0 Emeraencv Medical Service Unemplovment $1,074 11 0-5400-420.26-08 Emerqencv Medical Service Workers Comp $5,172 110-5401-420.11-00 EMS Transport Salaries/Wages $12,418 110-5401-420.11-05 EMS Transport Overtime $6,520 11 0-5401-420.22-00 EMS Transport FICA $2,101 11 0-5401-420.23-00 EMS TranSPort Retirement $1,351 11 0-5401-420.25-1 0 EMS Transport Unemployment $247 110-5401-420.26-08 EMS Transport Workers Comp $1,262 11 0-5500-420.11-00 Animal Services Salaries/Waaes $9,084 110-5500-420.22-00 Animal Services FICA $709 110-5500-420.23-00 Animal Services Retirement $643 110-5500-420.25-10 Animal Services Unemployment $91 11 0-5500-420.26-Q8 Animal Services Workers Comp $142 11 0-5900-420. 11-00 Emeraencv Telephone Sys Salaries/Waaes $5,368 11 0-5900-420.22-00 Emeraencv Telephone Sys FICA $394 110-5900-420.23-00 Emeraencv Telephone Sys Retirement $380 11 0-5900-420.25-1 0 Emeraency Telephone Sys Unemployment $54 11 0-5900-420.26-08 Emeraency Telephone Sys Workers Comp $19 1 1 0-6700-429. 1 1-00 Soil Water Salaries/Wages $5,243 110-6700-429.22-00 Soil Water FICA $362 110-6700-429.23-00 Soil Water Retirement $371 110-6700-429-25-10 Soil Water Unemployment $53 110-6700-429.26-08 Soil Water Workers Comp $90 110-7100-465.11-00 Industrial Development Salaries/Waqes $3,000 110-7100-465.22-00 Industrial Development FICA $229 110-7100-465.23-00 Industrial Development Retirement $213 110-7100-465.25-1 0 Industrial Development unemployment $30 11 0-7100-465.26-08 Industrial Development Workers Comp $11 11 0-7200-465.11-00 Plannina/lnsoections Salaries/Wages $32,543 110-7200-465.22-00 Plannina/lnspections FICA $2,383 110-7200-465.23-00 Plannina/lnspections Retirement $2,301 110-7200-465.25-10 Planning/Inspections Unemployment $326 110-7200-465.26-08 Planning/Inspections Workers Comp $652 11 0-7210-465.11-00 Abandoned MFG Home Salaries/Wages $1,078 11 0-7210-465.22-00 Abandoned MFG Home FICA $81 110-7210-465.23-00 Abandoned MFG Home Retirement $77 110-7210-465.25-1 0 Abandoned MFG Home Unemgloyment $11 11 0-721 0-465.26-08 Abandoned MFG Home Workers Como $25 11 0-7300-465.11-00 Cooperative Extension Salaries/Waqes $1,054 11 0-7300-465.22-00 Cooperative Extension FICA $81 110-7300-465.23-00 Cooperative Extension Retirement $75 11 0-7300-465.25-ltO Cooperative Extension Unemployment $11 11 0-7300-465.26-08 Cooperative Extension Workers Comp $25 11 0-7301-465.11-00 CCR&R Block Grant Salaries/Wages $803 110-7301-465.22-00 CCR&R FICA $62 110-7301-465.23-00 CCR&R Retirement $57 110-7301-465.25-10 CCR&R Unemployment $9 110-7301-465.26-08 CCR&R Workers Comp $19 040615 HC BOC Page 21 EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 11 0-7319-465.1 1-00 Adolescent ParentinQ Salaries/Waqes $1,747 110-7319-465.22-00 Adolescent ParentinQ FICA $133 11 0-7319-465.23-00 Adolescent Parentinq Retirement $124 11 0-7319-465.25-1 0 Adolescent Parenting Unemployment $18 11 0-7319-465.26-08 Adolescent Parenting Workers Comp $40 11 0-7324-465.11-00 4H Teen Court Salaries/Waqes $954 11 0-7324-465.22-00 4H Teen Court FICA $49 11 0-7324-465.23-00 4H Teen Court Retirement $68 11 0-7324-465.25-1 0 4H Teen Court Unemployment $10 11 0-7326-465.11-00 Race to the Top Salaries/Wages $536 110-7326-465.22-00 Race to the Top FICA $41 11 0-7326-465.23-00 Race to the Top Retirement $38 110-7326-465.25-10 Race to the Top Unemployment $6 11 0-7326-465.26-08 Race to the Top Workers Comp $13 1 1 0-7 500-44 1.11-00 Dept on Aging Salaries/Wages $3,970 110-7500-441.22-00 Dept on Aging FICA $295 110-7500-441.23-00 Dept on Aginq Retirement $281 110-7500-441.25-10 Dept on Aging Unemployment $40 110-7500-441.26-08 Dept on Aginq Workers Comp $48 110-7501-441.11-00 Family Careqiver Support Salaries/Wages $438 110-7501-441.22-00 Family Caregiver Support FICA $109 110-7501-441.23-00 Family Caregiver Support Retirement $102 11 0-7 501-441 .25-1 0 Family Careqiver Support Unemployment $15 110-7501-441.26-08 Family Caregiver Support Workers Comp $7 110-7 510-441. 11-00 RSVP Salaries/Wages $1,897 110-7510-441.22-00 RSVP FICA $138 11 0-7 510-441 .23-00 RSVP Retirement $135 110-7510-441.25-10 RSVP Unemployment $19 110-7510-441.26-08 RSVP Workers Comp $8 110-7550-441.11-00 CAP Salaries/Wages $8,256 110-7550-441.22-00 CAP FICA $598 110-7550-441.23-00 CAP Retirement $584 110-7550-441.25-10 CAP Unemployment $83 110-7550-441.26-08 CAP Workers Comp $135 110-7 552-441. 1 1-00 Nutrition for Elderly Salaries/Wages $1,747 110-7552-441.22-00 Nutrition for Elderly FICA $127 110-7552-441.23-00 Nutrition for Elderly Retirement $124 110-7 552-441.25-1 0 Nutrition for Elderly Unemployment $18 110-7552-441.26-08 Nutrition for Elderly Workers Comp $40 110-7600-441.11-00 Health Salaries/Waqes $121.261 11 0-7 600-441.22-00 Health FICA $8,946 110-7600-441.23-00 Health Retirement $8,574 110-7 600-441.25-10 Health Unemployment $1,213 11 0-7 600-441.26-08 Health Workers Comp $1,430 11 0-7700-441 .11-00 DSS Salaries/Waqes $246,365 110-7700-441.22-00 DSS FICA $19,071 1 1 0-7700-441 .23-00 DSS Retirement $18,455 11 0-7700-441 .25-1 0 DSS Unemployment $2,512 11 0-7700-441.26-08 DSS Workers Comp $3,566 11 0-7800-441.11-00 Veterans Salaries/Waqes $5,012 11 0-7800-441.22-00 Veterans FICA $368 11 0-7800-441.23-00 Veterans Retirement $355 110-7800-441.25-10 Veterans Unemployment $51 1 1 0-7800-441.26-08 Veterans Workers Comp $48 11 0-7930-441.11-00 Restitution Salaries/Wages $2,173 11 0-7930-441.22-00 Restitution FICA $141 040615 HC BOC Page 22 EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7930-441.23-00 Restitution Retirement $154 1 1 0-7930-441 .25-10 Restitution Unemployment $22 1 1 0-7930-441 .26-08 Restitution Workers ComQ $42 1 1 0-81 00-450.11-00 Library Salaries/Wages $17.511 1 1 0-8100-450.22-00 Library FICA $1,467 1 1 0-81 00-450.23-00 Library Retirement $1.342 1 1 0-81 00-450.25-10 Library Unemployment $199 110-8100-450.26-08 Library Workmans Comp $475 11 0-8200-450.11-00 Parks & Rec Salaries/WaQes $5,106 110-8200-450.22-00 Parks & Rec FICA $402 110-8200-450.23-00 Parks & Rec Retirement $361 110-8200-450.25-10 Parks & Rec Unem_pjoyment $53 11 0-8200-450.26-08 Parks & Rec Workers Camp $144 11 0-8701-490.90-68 Debt Service/ lnterfund Transfers $8,483 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 11 0-0000-399-00-00 Fund Balance Appropriated $1.367,569 EXPLANATION: To Increase fund balance to appropriate funding needed to shift the employee pay cycle of each month. This entry is needed to accrue the final two weeks of payroll and is a budgetary entry only. APPROVALS: County Manager (date) Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted __________________________________ __ Margaret Regina Wheeler, Clerk to the Board Jim Burgin, Chairman Harnett County Board of Commissioners 040615 HC BOC Page 23 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the Work Force Development fund the appropriations are to be changed as follows: EXPENDITURE CODE NUMBER 234-7 405-465. 1 1-00 234-7 405-465.22-00 234-7 405-465.23-00 234-7 405-465.25-10 234-7 405-465.26-08 234-7 406-465.1 1-00 234-7 406-465.22-00 234-7 406-465.23-00 234-7 406-465.25-10 234-7 406-465.26-08 234-7407-465.11-00 234-7 407-465.22-00 234-7 407-465.23-00 234-7 407-465.25-10 234-7 407-465.26-08 234-7 408-465.1 1-00 234-7 408-465.22-00 234-7 408-465.23-00 234-7 408-465.25-10 234-7 408-465.26-08 234-7410-465.11-00 234-7 410-465.22-00 234-7 410-465.23-00 234-7 410-465.25-10 234-7 410-465.26-08 234-7 411-465.11-00 234-7411-465.22-00 234-7 411-465.23-00 234-7 411-465.25-10 234-7 411-465.26-08 REVENUE CODE NUMBER 234-0000-389. 1 0-00 EXPLANATION: APPROVALS: AMOUNT AMOUNT DESCRIPTION OF CODE INCREASE DECREASE Harnett In Salaries/Wages $1,476 Harnett In FICA $112 Harnett In Retirement $97 Harnett In Unemployment $15 Harnett In Workers Comp $12 Sampson In Salaries/Wages $72 Sampson In FICA $6 Sampson In Retirement $6 Sampson In UnemQio_yment $1 Sampson In Workers Comp $2 Harnett Out Salaries/Wages $887 Harnett Out FICA $68 Harnett Out Retirement $55 Harnett Out Unemployment $9 Harnett Out Workers Comp $10 Sampson Out Salaries/Wages $72 Sampson Out FICA $6 Sampson Out Retirement $6 Sampson Out Unemployment _$1 Sampson Out Workers Como $2 Adult Salaries/Waqes $2,385 Adult FICA $210 Adult Retirement $151 Adult Unemployment $24 Adult Workers Comp $35 Dislocated Worker Salaries/Waqes $2,385 Dislocated Worker FICA $179 Dislocated Worker Retirement $151 Dislocated Worker Unemployment $24 Dislocated Worker Workers Comp $24 AMOUNT AMOUNT DESCRIPTION OF CODE INCREASE DECREASE lnterFund Transfer/General Fund $8,483 To Increase fund balance to appropriate funding needed to shift the employee pay cycle of each month. This entry is needed to accrue the final two weeks of payroll and is a budgetary entry only. ~~)~ Q-;?9-p-1-L'(-t) Finance Officer (date)~~ l2DlS County Manager (date) Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted __________________________________ _ Margaret Regina Wheeler, Clerk to the Board Jim Burgin, Chairman Harnett County Board of Commissioners 040615 HC BOC Page 24 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina. thot the following amendment be mode to the annual budget ordinance for the fiscal year ending June 30.2015: Section 1. To amend the Emergency Resp Planning the appropriations ore to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 263-5251-420.1 1-00 Salaries/Wages $862 263-5251-420.22-00 FICA $65 263-5251 -420.23-00 Retirement $61 263-5251 -420.25-1 0 Unemployment $9 263-5251 -420.26-08 Workers Comp $20 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 263-0000-399.00-00 Fund Balance Appropriated $1.017 EXPLANATION: To Increase fund balance to appropriate funding needed to shift the employee pay cycle of each month. This entry is needed to accrue the final two weeks of payroll and is a budgetary entry only. APPROVALS: County Manager (date) Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted ____________________________________ __ Margaret Regina Wheeler, Clerk to the Board Jim Burgin, Chairman Harnett County Board of Commissioners )t3b 040615 HC BOC Page 25 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Boord of the County of Harnett. North Carolina. that the following amendment be mode to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the Public Utilities the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 531-9000-431 '11-00 Admin/CSR/Meter SVCS Solories/Wo_ges $50,050 531-9000-431 .22-00 Admin/CSR/Meter SVCS FICA $3,790 531 -9000-431 .23-00 Admin/CSR/Meter SVCS Retirement $3,671 531-9000-431 .25-1 0 Admin/CSR/Meter SVCS Unemployment $520 531-9000-431.26-08 Admin/CSR/Meter SVCS Workers Como $1,398 531-9015-431.11-00 Water Treatment Solories/Woaes $24,280 531-9015-431 .22-00 Water Treatment FICA $2,175 531-9015-431 .23-00 Water Treatment Retirement $2,068 531-9015-431.25-10 Water Treatment Unemployment $293 531-9015-431.26-08 Water Treatment Workers Como $1,004 531-9020-431 '11-00 Wastewater Treatment Salaries/Wages $19,849 531 -9020-431 .22-00 Wastewater Treatment FICA $1,619 531-9020-431 .23-00 Wastewater Treatment Retirement $1,526 531-9020-431 .25-10 Wastewater Treatment Unemployment $216 531-9020-431.26-08 Wosterwoter Treatment Workers Como $777 531-9021-431.11-00 Wosterwoter Treatment SHWW Salaries $19,567 531-9021-431.22-00 Wosterwoter Treatment SHWW FICA $1,641 531-9021-431.23-00 Wastewater Treatment SHWW Retirement $1,572 531-9021-431.25-10 Wastewater Treatment SHWW Unemployment $218 531-9021-431.26-08 Wosterwoter Treatment SHWW Workers Camp $789 531-9025-43 L 11-00 Distribution Salaries/Wages $31,339 531-9025-431 .22-00 Distribution FICA $2,685 531-9025-431 .23-00 Distribution Retirement $2,574 531-9025-431.25-1 0 Distribution Unemployment $365 531-9025-431.26-08 Distribution Workers Como $1,490 531-9030-431.11-00 Collections Salaries/Wages $23,198 531-9030-431 .22-00 Collections FICA $1,831 531 -9030-431 .23-00 Collections Retirement $1,752 531-9030-431.25-10 Collections Unemployment $248 531-9030-431.26-08 Collections Workers Como $955 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 531-0000-399.00-00 Fund Balance Appropriated $203,460 EXPLANATION: To Increase fund balance to appropriate funding needed to shift the employee pay cycle of each month. This entry is needed to accrue the final two weeks of payroll and is a budoetorv entrv onlv. APPROVALS: :section :z. Copies ot this budget amendment shall be turnished to the Clerk to the Boord, and to the Budget Officer and the Finance Officer for their direction. Adopted ________________________________ __ Margaret Regina Wheeler, Clerk to the Boord Jim Burgin, Chairman Harnett County Boord of Commissioners ~lY b 040615 HC BOC Page 26 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett. North Carolina. that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30. 2015: Section 1. To amend the Solid Waste Management the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 580-6600-461 . 11-00 Solid Waste Salaries/Wages $23,923 580-6600-461 .22-00 Solid Waste FICA $1.868 580-6600-461 .23-00 Solid Waste Retirement $1,696 580-6600-461 .25-1 0 Solid Waste Unemployment $246 580-6600-461 .26-08 Solid Waste Workers Camp $1,339 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 580-0000-399.00-00 Fund Balance Appropriated $29.072 EXPLANATION: To Increase fund balance to appropriate funding needed to shift the employee pay cycle of each month. This entry is needed to accrue the final two weeks of payroll and is a APPROVALS: ~~ (dote) County Manager (date) Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted __________________________________ ___ Margaret Regina Wheeler, Clerk to the Board Jim Burgin, Chairman Harnett County Board of Commissioners 040615 HC BOC Page 27 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett. North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the Employee Clinic the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 904-9802-41 0.1 1-00 Salaries/Wages $3.126 904-9802-41 0.22-00 FICA $238 904-9802-410.23-00 Retirement $221 904-9802-41 0.25-1 0 Unemployment $32 904-9802-410.26-08 Workers Camp $14 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 904-0000-353.98-05 EmQioyee Clinic Contributions/Donations $3,631 EXPLANATION: To Increase fund balance to appropriate funding needed to shift the employee pay cycle of each month. This entry is needed to accrue the final two weeks of payroll and is a budgetary entry only. APPROVALS: ~~~ (date) ftL1+=J-;v7--tC County Manager (date) Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Emp Adopted ____________________________________ __ Margaret Regina Wheeler, Clerk to the Board Jim Burgin, Chairman Harnett County Board of Commissioners 040615 HC BOC Page 28 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows: EXPENDITURE CODE NUMBER 110-7600-441.33-50 110-7600-441.33-45 110-7600-441.41-11 REVENUE CODE NUMBER 11 0-0000-345.19-00 EXPLANATION: APPROVAlS: AMOUNT AMOUNT DESCRIPTION OF CODE INCREASE DECREASE Contracted Services-Miscellaneous $ 126,023.00 Contracted Services $ 52,873.00 Telephone & Postage $ 20,000.00 AMOUNT AMOUNT DESCRIPTION OF CODE INCREASE DECREASE Miscellaneous Patient Fees $ 53,150.00 To move and budget funds for a large scanning project. Access thru EMR system contracting through Charlotte Purchasing Alliance so County will not be required to obtain bids. Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler, Clerk to the Board day of ,2015 Jim Burgin, Chairman Harnett County Board of Commissioners 040615 HC BOC Page 29 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7600-441.58-01 Training $ 150.00 110-7600-441.58-14 Travel-Employee $ 17.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 11 0-0000-334.76-12 STD Prevention $ 167.00 EXPlANATION: To budget additional State funds. APPROVAlS: Section 2. Copies ofthis budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler, Clerk to the Board day of ,2015 Jim Burgin, Chairman Harnett County Board of Commissioners 040615 HC BOC Page 30 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015; Section 1. To amend the General Fund, Health Department Division on Aging, the appropriations are to be changed as follows: EXPENDITURE CODE NUMBER 110-7501-441.41-11 110-7501-441.58-14 110-7501-441.60-33 110-7501-441.58-14 110-7510-441.32-10 110-7510-441.52.54 REVENUE CODE NUMBER 110-0000-334.75-03 110-0000-353.75-01 EXPLANATION: APPROVAlS: ~~ 9h~/u/ DepartmentHea{date} AMOUNT AMOUNT DESCRIPTION OF CODE INCREASE DECREASE Telephone and Postage $ 50.00 Travel $ 500.00 Materials & Supplies $ 1,223.00 Travel $ 195.00 Recognition $ 614.00 Insurance $ 614.00 AMOUNT AMOUNT DESCRIPTION OF CODE INCREASE DECREASE Medicare Counseling SHIIP $ 1,773.00 Donations $ 195.00 Budget additional funds received for SHIIP $1773 in Postage, Travel and Materials. Budget additional donations received in the travel line to better meet the needs ofthe program. Insurance rate was adjusted in volunteer insurance so move to Recognition to purchase pins for Volunteer Appreciation. Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler, Clerk to the Board day of ,2015 Jim Burgin, Chairman Harnett County Board of Commissioners 040615 HC BOC Page 31 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the General Fund, Social Services Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7700-441.11-00 Salaries & Wages 335,000 110-7700-441.7 4-7 4 Capital-Outlay-Equipment 335,000 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: Request to budget funding for the purchase of (4) vehicles to replace current vehicles with high mileage and to purchase software and hardware from Northwoods to build a case management database for Social Work responsibilities. APPROVAlS: ~ Department Head (date) Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this_ day of _____ 2 __ Margaret Regina Wheeler, Clerk to the Board Jim Burgin, Chairman Harnett County Board of Commissioners 040615 HC BOC Page 32 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the PU150142 MGD Water Plant Expansion Capital Project, Department of Public Utilities, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 545-9100-431-45-33 Materials and Supplies $2780.00 545-9100-431-45-20 Legal and Admin 10,000.00 545-9100-431-45-80 Contingency $12,780.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: Increase Materials and Supplies, and Legal and Admin to cover anticipated costs. 03 27 15 D partment Head (date) Finance Offic te) ~ j ';{) 1 \ S ounty Manager (date) Section 2. Copies of this budget amendment shall be furnish~d to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this day of Margaret Regina Wheeler, Clerk to the Board 12015. Jim Burgin, Chairman Harnett County Board of Commissioners 040615 HC BOC Page 33 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the General Fund, Social Services Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT I CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-4400-410.44-23 Building & Equipment Departments 836 110-4900-410.60-33 Materials & Supplies 836 110-4900-410.60-33 Materials & Supplies 10,205 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-3 56-3 0-00 Insurance Claim 10,205 EXPLANATION: To budget insurance proceeds, replacing eight computers for the Child Support unit, due to a lightning strike in September. APPROVALS: Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this_ day of _____ 2 __ Margaret Regina Wheeler, Clerk to the Board Jim Burgin, Chairman Harnett County Board of Commissioners 040615 HC BOC Page 34 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the 531 Public Utilities Department, the appropriations are to be changed as follows: f EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 531-9000-431-90-76 Water Plant Upgrade $3,576,850.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 5 31-0000-3 9 9-00-00 Fund Balance Appropriated $3,576,850.00 EXPLANATION: To set up additional budget for construction line of 42 MGD Water Treatment Plant Expansion Project APPROVAlS: tf 03/30/15 Department Head (date) Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this day of Margaret Regina Wheeler, Clerk to the Board 12015. Jim Burgin, Chairman Harnett County Board of Commissioners 040615 HC BOC Page 35 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the PU150142 MGD Water Plant Expansion Capital Project, Department of Public Utilities, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT ! CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 545-9100-431-45-01 Construction $3,397,000.00 545-9100-431-45-80 Contingency $179,850.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 545-0000-3Bl·5o·OO Public Utilities $3,576,850.00 EXPLANATION: Increase construction and contingency as a result of construction bids. AP;;; 03/30/15 Department Head (date) Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this day of Margaret Regina Wheeler, Clerk to the Board 12015. Jim Burgin, Chairman Harnett County Board of Commissioners 040615 HC BOC Page 36 Agenda Item Lf -C Date : 04/06/2015 Approved By:. _______ _ TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES CAPE FEAR FARM CREDITACA 2 PATTERSON, PHILLIP RYAN S. KEITH FAULKNER Revenue Administrator CC: S. KEITH FAULKNER 0001169462-2014-2014-City 000000 County 0000041663-2014-2014-City 000000 County City Total County Total Total to be Refunded 0.00 902.27 0.00 762.90 902.27 Refund 762.90 0.00 1,665.17 1,665.17 Refund Date : 04/06/2015 Approved By:. _______ _ TO : HARNETT COUNTY BOARD OF COMMISSIONERS Reason NO DWELLING ON PROPERTY- RELEASE 1 SW FEE RELEASE ON 99 CHAMPION DWMH-PROP WAS SOLD TO CRUZ FORTINO AND MARIA ON DEC 28 2013 AND WAS MOVED FROM PROPERTY PER PERMIT AND TITLE-REMOVE 1 SW FEE RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES No. !<N~rn~~(f~ PaYe~ ROE, HELENE C/0 THE ESTATE OF HELENE ROE 2 SMEDILE, RYAN M 3 SWANN, FELTON 0001654868-2015-2014- 110000 0001777579-2010-2010- 000000 0001926909-2012-2012- 000000 r~x,>ll:ite:~t !'o<l . P6n<ilti:U City 0.00 County 107.24 City 0.00 County 69.65 City 0.00 County 9.90 107.24 Refund 69.65 Refund 9.90 Refund Reason PER BILL OF SALE PROVIDED NEW MOON MOBLIE HOME WAS SOLD 06/15/2013 FROM JOANNE HAMIL TON TO JEFFREY K HUNT.THEN SCRAPPED. TP PAID BILL IN ERROR- RELEASED IN FULL-RYAN- MILITARY-ETS 111 029-MA ALL OUTSTANDING BILLS SHOULD BE RELEASED. THIS PARCEL WAS DOUBLE LISTED WITH 09-9555- 0008. PER GIS 040615 HC BOC Page 37 4 SWANN, FELTON 245 MCKOY TOWN ROAD CAMERONNC 283260000 CAMERON NC, 28326 S. KEITH FAULKNER Revenue Administrator CC: S. KEITH FAULKNER 0001926909-2013-2013- 000000 City County City Total County Total Total to be Refunded 0.00 9.90 9.90 0.00 196.69 196.69 Refund ALL OUTSTANDING BILLS SHOULD BE RELEASED. THIS PARCEL WAS DOUBLE LISTED WITH 09-9555- 0008. PER GIS 040615 HC BOC Page 38 Agenda I tern '.f -Q EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS * * * A regular meeting of the Board of Commissioners (the "Board') of the County of Harnett, North Carolina (the "County") was held on Monday, April 6, 2015, at 9:00a.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, Jim Burgin, Chairman of the Board presiding and the following Commissioners present: Commissioners absent: Also present: * * * * * * Commissioner introduced the following order, a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board and which was read by title: BOND ORDER AUTHORIZING THE ISSUANCE OF ENTERPRISE SYSTEMS REVENUE REFUNDING BOND OF THE COUNTY OF HARNETT, NORTH CAROLINA WHEREAS, the County of Harnett, North Carolina (the "County") is authorized by The State and Local Government Revenue Bond Act, General Statutes of North Carolina, Section 159-80 et seq. (the "Act''), to issue, subject to the approval of the Local Government Commission of North Carolina (the "Commission"), at one time or from time to time revenue bonds and revenue refunding bonds of the County for the purposes as specified in the Act; and WHEREAS, the Board of Commissioners of the County (the "Board') has determined to issue not to exceed $11,000,000 of the County's Enterprise Systems Revenue Refunding Bond, Series 2015 (the "2015 Bond'), the proceeds of which will be used (1) to refund in advance of their maturities the County's Enterprise System Revenue Bonds, Series 2007 A maturing on and after May 1, 2018 (the "Rejitnded Bonds") and (2) pay the costs of issuing the 2015 Bond; and WHEREAS, the County will issue the 2015 Bond under ( 1) a General Trust Indenture dated as of May 15, 2007 (the "General Indenture") between the County and Regions Bank, the successor to which is U.S. Bank National Association, as trustee (the "Trustee"), and (2) Series Indenture, Number 3 dated as of April1, 2015 (the "Third Series Indenture") between the County and the Trustee; and WHEREAS, the County and the Commission have arranged for the sale of the 2015 Bond to Regions Capital Advantage, Inc. (the "Purchaser"); and WHEREAS, an application has been filed with the Secretary of the Commission requesting Commission approval of the 20 15 Bond as required by the Act, and the Secretary has notified the Board that the application has been received by the Commission. PPAB 2748200v3 040615 HC BOC Page 39 NOW THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA: Section 1. In order to raise the money required to refund the Refunded Bonds and to pay the costs of issuance of the 2015 Bond, in addition to any funds which may be made available for such purpose from any other source, the 2015 Bond is hereby authorized and shall be issued pursuant to the Act. Section 2. The aggregate principal amount of the 2015 Bond authorized by this order may not exceed $11,000,000. The 2015 Bond hereby authorized is a special obligation of the County, secured by and paid solely from the proceeds thereof or from revenues, income, receipts and other money received or accrued by or on behalf of the County from or in connection with the operation of the County's Enterprise Systems. Section 3. The issuance of the 2015 Bond by the County, in substantially the form to be set forth in the Third Series Indenture, is hereby in all respects approved and confirmed. The form and content of the 2015 Bond and the provisions of the Third Series Indenture with respect to the 2015 Bond (including without limitation the maturity dates and rates of interest) will be approved and confirmed in a subsequent resolution of the Board. The principal of, premium, if any, and interest on the 2015 Bond are not payable from the general funds of the County, nor do they constitute a legal or equitable pledge, charge, lien or encumbrance on any of its property or on any of its income, receipts or revenues except the funds which are pledged under the General Indenture and the Third Series Indenture. Neither the credit nor the taxing power of the State of North Carolina or the County is pledged for the payment of the principal of, premium, if any, or interest on the 2015 Bond, and no holder of the 2015 Bond has the right to compel the exercise of the taxing power by the State of North Carolina or the County or the forfeiture of any of its property in connection with any default thereon. Section 4. The 2015 Bond shall be sold to the Purchaser pursuant to the terms of the Third Series Indenture, and if applicable, a bond purchase agreement among the Commission, the County and the Purchaser, as the same shall be approved in a subsequent resolution of the Board. Section 5. The proceeds from the sale of the 2015 Bond will be deposited in accordance with the Third Series Indenture. Section 6. If any one or more of the agreements or provisions herein contained are contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or are for any reason whatsoever invalid, then such agreements or provisions are null and void and are to be deemed separable from the remaining agreements and provisions and will in no way affect the validity of any of the other agreements and provisions hereof or of the 2015 Bond authorized hereunder. Section 7. All resolutions or parts thereof of the Board in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section 8. This Bond Order is effective immediately on its adoption and pursuant to§ 159- 88 of the General Statutes of North Carolina, as amended, need not be published or subjected to any procedural requirements governing the adoption of ordinances or resolutions by the Board other than the procedures set out in the Act. 2 PPAB 2748200v3 040615 HC BOC Page 40 The foregoing order entitled "BOND ORDER AUTHORIZING THE ISSUANCE OF ENTERPRISE SYSTEMS REVENUE REFUNDING BOND OF THE COUNTY OF HARNETT, NORTH CAROLINA" was seconded by Commissioner and was adopted by the Board of Commissioners on the following vote: AYES: NAYS: 3 PPAB 2748200v3 040615 HC BOC Page 41 STATE OF NORTH CAROLINA COUNTY OF HARNETT ) ) ) ss: I, Margaret Regina Wheeler, Clerk to the Board of Commissioners of the County of Harnett, North Carolina DO HEREBY CERTIFY that the foregoing is a true and exact copy of a bond order entitled "BOND ORDER AUTHORIZING THE ISSUANCE OF ENTERPRISE SYSTEMS REVENUE REFUNDING BOND OF THE COUNTY OF HARNETT, NORTH CAROLINA" adopted by the Board of Commissioners ofthe County ofHarnett, North Carolina, at a meeting held on the 6th day of April, 2015. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the _ day of April, 2015. PPAB 2748200v3 Margaret Regina Wheeler Clerk to the Board County of Harnett, North Carolina 4 040615 HC BOC Page 42 Agenda I tern Lf. • £ EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS * * * A regular meeting of the Board of Commissioners (the "Board') of the County of Harnett, North Carolina (the "County") was held on Monday, April 6, 2015, at 9:00a.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, Jim Burgin, Chairman of the Board presiding and the following Commissioners present: Commissioners absent: Also present: * * * * * * Commissioner introduced the following resolution, a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board and which was read by title: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE APPROVAL, EXECUTION AND DELIVERY OF V ARlO US DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF COUNTY OF HARNETT, NORTH CAROLINA ENTERPRISE SYSTEMS REVENUE REFUNDING BOND, SERIES 2015; PROVIDING FOR THE PLACEMENT OF THE BOND; SETTING FORTH THE TERMS AND CONDITIONS UPON WHICH THE BOND IS TO BE ISSUED; AND PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE BOND WHEREAS, the County of Harnett, North Carolina (the "County") is authorized by The State and Local Government Revenue Bond Act, General Statutes of North Carolina, Section 159-80 et seq., as amended (the "Acf'), to issue, subject to the approval of the Local Government Commission, at one time or from time to time revenue bonds of the County for the purposes as specified in the Act; WHEREAS, the County has determined to issue its Enterprise Systems Revenue Refunding Bond, Series 2015 (the "2015 Bond') in an aggregate principal amount of not to exceed $11,000,000 to provide funds to (1) to refund the County's Enterprise Systems Revenue Bonds, Series 2007A maturing on or after May 1, 2018 (collectively, the "Refunded Bonds") and (2) to pay the costs of issuing the 2015 Bond, as described in the Bond Order of the County adopted April 6, 2015; WHEREAS, the County will issue the 2015 Bond under (1) a General Trust Indenture dated as of May 15, 2007 (the "General Indenture") between the County and Regions Bank, the successor to which is U.S. Bank National Association, as trustee (the "Trustee"), and (2) Series Indenture, Number 3 dated as of April1, 2015 (the "Third Series Indenture") between the County and the Trustee; WHEREAS, the County and the Local Government Commission of North Carolina (the "Commission") will sell the 2015 Bond to Regions Capital Advantage, Inc. (the "Purchaser"); and WHEREAS, copies of the forms of the General Indenture and the Third Series Indenture and an Escrow Agreement dated as of April 1, 2015 (the "Escrow Agreement') between the County and PPAB 2748205v2 040615 HC BOC Page 43 U.S. Bank National Association, as escrow agent, relating to the transactions described above have been filed with the County and have been made available to the Board of Commissioners of the County (the "Board"). NOW THEREFORE, THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA DOES RESOLVE AS FOLLOWS: Section 1. The issuance of the 2015 Bond by the County in the principal amount not to exceed $11,000,000 maturing not later than May 1, 2028, in substantially the form and content set forth in the Third Series Indenture, subject to appropriate insertions and revisions in order to comply with the provisions of the General Indenture and the Third Series Indenture, be and the same hereby are in all respects approved and confirmed, and the form and content of the 2015 Bond set forth in the Third Series Indenture be and the same hereby are in all respects approved and confirmed, and the provisions of the General Indenture and the Third Series Indenture with respect to the 2015 Bond (including without limitation the maturity dates and rates of interest) be and the same hereby are approved and confirmed and are incorporated herein by reference. Section 2. The 2015 Bond shall be a special obligation of the County. The principal of, premium, if any, and interest on the 2015 Bond shall not be payable from the general funds of the County, nor shall they constitute a legal or equitable pledge, charge, lien or encumbrance upon any of its property or upon any of its income, receipts or revenues except the funds which are pledged under the General Indenture and the Third Series Indenture. Neither the credit nor the taxing power of the State of North Carolina or the County are pledged for the payment of the principal of, premium, if any, or interest on the 2015 Bond, and no holder of 2015 Bond has the right to compel the exercise of the taxing power by the State of North Carolina or the County or the forfeiture of any of its property in connection with any default thereon. Section 3. The form and content of the Third Series Indenture and the Escrow Agreement are hereby in all respects approved and confirmed, and the Chairman ofthe Board, the County Manager, the Finance Officer and Clerk to the Board are hereby authorized, empowered and directed, individually and collectively, to execute and deliver the Third Series Indenture and Escrow Agreement for and on behalf of the County, including necessary counterparts, in substantially the form and content presented to the County, but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all such changes, modifications, additions or deletions therein. From and after the execution and delivery of the Third Series Indenture and the Escrow Agreement, the Chairman of the Board, the County Manager, the Finance Officer and Clerk to the Board are hereby authorized, empowered and directed, individually and collectively, to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Third Series Indenture and the Escrow Agreement as executed. The Trustee is hereby appointed as Paying Agent and Registrar thereunder. Section 4. The 2015 Bond shall be sold to the Purchaser pursuant to the terms of the Third Series Indenture, and if applicable, a bond purchase agreement among the Commission, the County and the Purchaser (the "Purchase Agreement''). Section 5. The Finance Officer of the County is hereby authorized to execute a no-arbitrage certificate in order to comply with Section 148 of the Internal Revenue Code of 1986, as amended, and the applicable Income Tax Regulations thereunder. PPAB 2748205v2 040615 HC BOC Page 44 Section 6. No stipulation, obligation or agreement herein contained or contained in the 2015 Bond, the General Indenture, the Third Series Indenture, the Escrow Agreement or any other instrument related to the issuance of the 2015 Bond shall be deemed to be a stipulation, obligation or agreement of any officer, agent or employee of the County in his or her individual capacity, and no such officer, agent or employee shall be personally liable on the 2015 Bond or be subject to personal liability or accountability by reason of the issuance thereof. Section 7. The Chairman of the Board, the County Manager and the Finance Officer of the County are each hereby authorized, empowered and directed, individually and collectively, to do any and all other acts and to execute any and all other documents, which they, in their discretion, deem necessary and appropriate in order to consummate the transactions contemplated by (a) this Resolution, (b) the General Indenture, (c) the Third Series Indenture, (d) the Escrow Agreement and (e) the other documents presented to this meeting; except that none of the above shall be authorized or empowered to do anything or execute any document which is in contravention, in any way, of (i) the specific provisions of this Resolution, (ii) the specific provisions of the General Indenture, the Third Series Indenture or the Escrow Agreement, (iii) any agreement to which the County is bound, (iv) any rule or regulation of the County or (v) any applicable law, statute, ordinance, rule or regulation of the United States of America or the State ofNorth Carolina. Section 8. From and after the execution and delivery of the documents hereinabove authorized, the Chairman of the Board, the County Manager, the Finance Officer and the Clerk to the Board are each hereby authorized, empowered and directed, individually and collectively, (a) to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of said documents as executed and (b) to take any and all further actions to execute and deliver any and all other documents (including, if applicable, the Purchase Agreement) as may be necessary in the issuance ofthe 2015 Bond, the execution and delivery ofthe Third Series Indenture, the Escrow Agreement and the on-going administration of transaction contemplated by the issuance of the 2015 Bond and the execution and delivery of the Third Series Indenture and the Escrow Agreement. The Chairman of the Board, the County Manager, the Finance Officer and the Clerk to the Board are each hereby authorized and directed, individually and collectively, to prepare and furnish, when the 2015 Bond is issued, certified copies of all the proceedings and records of the County relating to the 2015 Bond, and such other affidavits, certificates and documents as may be required to show the facts relating to the legality and marketability of the 2015 Bond as such facts appear on the books and records in such party's custody and control or as otherwise known to them; and all such certified copies, certificates, affidavits and documents, including any heretofore furnished, shall constitute representations of the County as to the truth of all statements contained therein. Section 9. All acts and doings of the Chairman of the Board, the County Manager, the Finance Officer and the Clerk to the Board that are in conformity with the purposes and intents of this Resolution and in the furtherance of the issuance of the 2015 Bond and the execution, delivery and performance of the Third Series Indenture and the Escrow Agreement are hereby in all respects approved and confirmed. Section 10. If any one or more ofthe agreements or provisions contained in this Resolution is held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or is for any reason whatsoever held to be invalid, then such covenants, agreements or provisions will be null and void, will be deemed separable from the remaining agreements and provisions and will in no way affect the validity of any of the other agreements and provisions hereof or of the 2015 Bond authorized hereunder. PPAB 2748205v2 040615 HC BOC Page 45 Section 11. All resolutions or parts thereof of the Board in conflict with the provisions contained in this Resolution are, to the extent of such conflict, hereby superseded and repealed. Section 12. This Resolution is effective immediately on its adoption. On motion of Commissioner seconded by Commissioner --------' the foregoing resolution entitled "A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE APPROVAL, EXECUTION AND DELIVERY OF VARIOUS DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF COUNTY OF HARNETT, NORTH CAROLINA ENTERPRISE SYSTEMS REVENUE REFUNDING BOND, SERIES 2015; PROVIDING FOR THE PLACEMENT OF THE BOND; SETTING FORTH THE TERMS AND CONDITIONS UPON WHICH THE BOND IS TO BE ISSUED; AND PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE BOND" was duly adopted by the following vote: AYES: NAYS: PPAB 2748205v2 040615 HC BOC Page 46 STATE OF NORTH CAROLINA COUNTY OF HARNETT ) ) ) ss: I, Margaret Regina Wheeler, Clerk to the Board of Commissioners of the County of Harnett, North Carolina DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled "A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE APPROVAL, EXECUTION AND DELIVERY OF VARIOUS DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF COUNTY OF HARNETT, NORTH CAROLINA ENTERPRISE SYSTEMS REVENUE REFUNDING BOND, SERIES 2015; PROVIDING FOR THE PLACEMENT OF THE BOND; SETTING FORTH THE TERMS AND CONDITIONS UPON WHICH THE BOND IS TO BE ISSUED; AND PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE BOND" adopted by the Board of Commissioners of the County of Harnett, North Carolina, at a meeting held on the 6th day of April, 2015. WITNESS my hand and the corporate seal ofthe County of Harnett, North Carolina, this the_ day of April, 2015. PPAB 2748205v2 Margaret Regina Wheeler Clerk to the Board County of Harnett, North Carolina 040615 HC BOC Page 47 PP AB 2739715v4 COUNTY OF HARNETT, NORTH CAROLINA and U.S. BANK NATIONAL ASSOCIATION, as Trustee SERIES INDENTURE, NUMBER 3 Dated as of April 1, 2015 County of Harnett, North Carolina Parker Poe Draft-03/_/15 Enterprise Systems Revenue Refunding Bond, Series 2015 040615 HC BOC Page 48 SERIES INDENTURE TABLE OF CONTENTS Pa e Article I Definitions .......................................................................................................................................................................... 1 Article II The 2015 Bond .................................................................................................................................................................. 4 Section 2.I. Authorized Amount of20I5 Bond. ................................................................................................................ 4 Section 2.2. Issuance of 20I5 Bond. ................................................................................................................................ 4 Section 2.3. Delivery of Bonds ......................................................................................................................................... 4 Section2.4. Details of20I5 Bond; Payment .................................................................................................................... 4 Section 2.5. Arbitrage and Tax Covenants ....................................................................................................................... 5 Section 2.6. Restriction to Transfer of 20I5 Bond ........................................................................................................... 5 Article III Redemption of2015 Bond ............................................................................................................................................... 6 Section 3.I. Optional Redemption of the 20I5 Bond. ...................................................................................................... 6 Section 3.2. Sinking Fund Redemption ............................................................................................................................ 6 Section3.3. Notice of Redemption ................................................................................................................................... 7 Section 3.4. Payment of Redemption Price ...................................................................................................................... 7 Article IV Amendments .................................................................................................................................................................... 8 Section 4.I. Amendments to this Indenture ............................................................................................................................ 8 Article V Application of2015 Bond Proceeds .................................................................................................................................. 9 Section 5.I. Application of20I5 Bond Proceeds ............................................................................................................. 9 Section 5.2. 20I5 Costs of Issuance Account ................................................................................................................... 9 Article VI Miscellaneous ................................................................................................................................................................ I 0 Section 6.I. Section 6.2. Section 6.3. Section 6.4. Section 6.5. Section 6.6. Section 6. 7. Section 6.8. Parties Interested Herein ........................................................................................................................... 10 Titles, Headings, Captions, Etc .................................................................................................................. I 0 Severability ................................................................................................................................................. 10 Go1•erning Lmt· ........................................................................................................................................... I 0 Execution in Counterparts ......................................................................................................................... I 0 Notices ........................................................................................................................................................ 10 Payments Due on Holidays ........................................................................................................................ I 0 Reports and Notices to the Purchaser ........................................................................................................ I 0 EXHffiiT A-FORM OF 2015 BOND EXHffiiT B-FORM OF REQUISITION PPAB 2739715v4 040615 HC BOC Page 49 SERIES INDENTURE THIS SERIES INDENTURE, NUMBER 3 dated as of April 1, 2015 (together with any supplements and amendments hereto made in accordance herewith, this "Series Indenture"), is by and between the COUNTY OF HARNETT, NORTH CAROLINA (the "County"), a political subdivision duly created and existing under the laws of the State of North Carolina, and U.S. BANK NATIONAL ASSOCIATION, as trustee (the "Trustee"), having an office and principal place of business in Raleigh, North Carolina, duly organized and existing as a state banking corporation under the laws of the State of North Carolina (the "State") being authorized to accept and execute trust of the character herein set out under and by virtue of the laws of the State. WITNESSETH: WHEREAS, the County proposes to issue its Enterprise Systems Revenue Refunding Bond, Series 2015 (the "2015 Bond'') hereunder and under that certain General Trust Indenture dated as of May 15, 2007 between the County and Regions Bank, the successor to which is the Trustee, and apply the proceeds of the 2015 Bond (a) to refund in advance of their maturities the County's Enterprise Systems Revenue Bonds, Series 2007 A maturing on and after May I, 2018 (the "Refunded Bonds") and (b) to pay the costs of issuing the 2015 Bond. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein it is agreed as follows: ARTICLE I DEFINITIONS Except as provided herein, all defined terms contained in Section 1.01 of the General Indenture have the same meanings in this Indenture. In addition, the following words and terms, unless the context otherwise requires, have the following meanings: "Arbitrage and Tax Regulatmy Certificate" means the Arbitrage and Tax Regulatory Certificate dated April15, 2015 by the County related to the 2015 Bond. "Authorized Denomination" means an amount equal to the then-Outstanding principal of the 2015 Bond. "Date of Taxability" means the first date on which interest on the Bond is included in the gross income of the Owner for federal income tax purposes as a result of an Event of Taxability or a Determination ofTaxability. "Determination of Taxability" means a determination that the interest on the Bond is included in gross income of the Owner for federal income tax purposes, which determination shall be deemed to have been made upon the occurrence of the first to occur of the following: (a) the date on which the Owner is advised in writing by the Commissioner or any District Director of the Internal Revenue Service that, as a consequence of an action, or failure to act, by the County, the Interest is included in the gross income of the Owner for federal income tax purposes; (b) the date on which the County receives notice from the Owner that the Owner has been advised in writing that the Internal Revenue Service has issued a statutory notice of deficiency or similar notice to the Owner which asserts, in effect, that interest on the Bond received by the Owner is included in the gross income of the Owner for federal income tax purposes, as a PPAB 2739715v4 040615 HC BOC Page 50 result of an action, or failure to act, by the County; (c) the day on which the County is advised in writing by the Commissioner or any District Director of the Internal Revenue Service that there has been issued a public or private ruling of the Internal Revenue Service that the interest on the Bond is included in the gross income of the Owner for federal income tax purposes as a result of an action, or failure to act, by the County; or (d) the day on which the County is advised in writing by counsel to the Owner that a final determination, from which no further right of appeal exists, has been made by a court of competent jurisdiction in the United States of America in a proceeding with respect to which the County has been given written notice and an opportunity to participate and defend that interest on the Bond is included in the gross income of the Owner for federal income tax purposes, as a result of an action, or failure to act, by the County. "Escrow Agent'' means U.S. Bank National Association, as escrow agent under the Escrow Agreement. "Escrow Fund'' means the fund by that name created under the Escrow Agreement. "Escrow Agreement" means the Escrow Agreement dated as of April I, 2015 between the County and the Escrow Agent. "Event of Taxability" means any event, occurrence or situation, resulting from an action, or failure to act, by the County, the effect of which is to cause the interest on the Bond to be includible in the gross income of the Owner for federal income tax purposes. "General Indenture" means the General Trust Indenture dated as of May 15, 2007 between the County and Regions Bank, the successor to which is the Trustee, and any amendments and supplements thereto. "Indenture" means this Series Indenture, Number 3 and any amendments or supplements adopted in accordance with the terms thereof. "Interest Payment Date" means each May 1 and November 1, beginning November 1, 2015. "Interest Rate" means 2.53% per annum, calculated on the basis of a 360-day year of twelve 30- day months. "Mail" means first-class United States mail, postage prepaid. "2015 Bond'' means the Enterprise Systems Revenue Refunding Bond, Series 2015 to be issued pursuant to this Indenture. "Owner'' means, when used in this Indenture, the registered owners of the 2015 Bond. "Purchaser" means Regions Capital Advantage, Inc., as purchaser and initial Owner of the 2015 Bond, or its successors and assigns. "Record Date" means the 15 1h day of the month immediately preceding each Interest Payment Date. "Redemption Date" means the date on which all or a portion of the 2015 Bond is to be called for redemption under this Indenture. 2 PPAB 2739715v4 040615 HC BOC Page 51 "Redemption Price" means, with respect to any portion of 2015 Bond called for redemption, the principal amount thereof plus the applicable premium, if any, payable on redemption thereof plus accrued interest to the Redemption Date. [End of Article I] 3 PPAB 2739715v4 040615 HC BOC Page 52 ARTICLE II THE 2015 BOND Section 2.1. Authorized Amount of 2015 Bond. No 2015 Bond may be issued under the provisions of this Indenture and the General Indenture except in accordance with this Article. The total principal amount of 2015 Bond that may be issued is hereby expressly limited to $[Amount], except as provided in Sections 3.4 and 3.5 of the General Indenture. Section 2.2. Issuance of2015 Bond. The 2015 Bond will be designated "County of Harnett, North Carolina Ente1prise Systems Revenue Refunding Bond, Series 2015.'' The 2015 Bond will be issuable as a fully registered bond in the Authorized Denomination. The 2015 Bond will be numbered from R11. The 2015 Bond will be substantially in the form set forth in Exhibit A with such appropriate variations, omissions and insertions as are permitted or required by this Indenture. Section 2.3. Delivery of Bonds. Before the delivery by the Trustee of any of the 2015 Bond, the items required under Section 2.4 of the General Indenture must be filed with the Trustee. Section 2.4. Details of 2015 Bond; Payment. The 2015 Bond will mature, subject to redemption as set forth herein, on May 1, 2028 and will bear interest at the Interest Rate. The amount of interest payable on each Interest Payment Date shall be calculated by the Purchaser and confirmed by the Trustee. Both the principal of and the interest on the 2015 Bond are payable in any lawful coin or currency of the United States of America which on the respective dates of payment thereof is legal tender for the payment of public and private debts. The 2015 Bond shall bear interest from its date until its principal sum has been paid, but if such 2015 Bond has matured or has been called for redemption and the Redemption Date has occurred and funds are available for the payment thereof in full in accordance with the terms of the General Indenture, such 2015 Bond shall then cease to bear interest as of the maturity date or Redemption Date. The 2015 Bond will be dated as of its date of issuance, except that a 2015 Bond issued in exchange for or on the registration of transfer of the 2015 Bond will be dated as of the Interest Payment Date next preceding the date of authentication thereof, unless (1) the date of such authentication precedes the first Interest Payment Date, in which case it will be dated as of the date of the initial issuance of the 2015 Bond or (2) the date of such authentication is an Interest Payment Date to which interest on the 2015 Bond has been paid in full or duly provided for in accordance with the terms of this Indenture, in which case it will be dated as of such Interest Payment Date; except that if, as shown by the records of the Paying Agent, interest on the 2015 Bond is in default, 2015 Bond executed and delivered in exchange for or on registration of transfer of 2015 Bond will be dated as of the date to which interest on the 2015 Bond has been paid in full. If no interest has been paid on the 2015 Bond, the 2015 Bond executed and delivered in exchange for or on the registration of transfer of the 2015 Bond will be dated as ofthe initial issuance ofthe 2015 Bond. The 2015 Bond is payable at the designated corporate trust office of the Paying Agent without the need for presentation and surrender of the 2015 Bond. Interest on the 2015 Bond will be paid by the Paying Agent by check or draft mailed on the Interest Payment Date to the Owner as its name and address appear on the registration books kept by the Registrar at the close of business on the Record Date. At the written request of the Owner, principal and interest may be payable by wire transfer at the address specified in writing by the Owner to the Paying Agent by the Record Date. CUSIP number identification, if such is assigned to the 2015 Bond, with appropriate dollar amounts for the CUSIP number shall accompany all payments of principal of, premium, if any, and interest on any 2015 Bond, whether by check or by wire transfer. 4 PPAB 2739715v4 040615 HC BOC Page 53 The Trustee is appointed as the Paying Agent and Registrar for the 2015 Bond. Section 2.5. Arbitrage and Tax Covenants. The County covenants that it will not take or permit, or omit to take or cause to be taken, any action that would adversely affect the exclusion from federal income taxation of the interest on the 2015 Bond and, if it should take or permit, or omit to take or cause to be taken, any such action, the County will take or cause to be taken all lawful actions within its power necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. The County acknowledges that the continued exclusion of interest on the 2015 Bond from an Owner's gross income for federal income tax purposes depends, in part, on compliance with the arbitrage limitations imposed by Section 148 of the Code. The County covenants that it will comply with all the requirements of Section 148 of the Code, including the rebate requirements, and that it will not permit at any time any of the proceeds of the 2015 Bond or other funds under their control be used, directly or indirectly, to acquire any asset or obligation, the acquisition of which would cause the 2015 Bond to be "arbitrage bonds'' for purposes of Section 148 of the Code. The County covenants that it will comply and will direct the Trustee to comply with the investment instructions in the Arbitrage and Tax Regulatory Certificate. If at any time there is a Determination of Taxability or Event of Taxability, as such terms are hereinafter defined, the fixed rate of interest shall be increased to and be calculated at the rate which will provide to the Owner the effective yield which it would have received if there had not been a Determination of Taxability or an Event of Taxability, such rate to be determined by the Owner (the "Alternative Rate of Interest"), and shall be payable from the Date of Taxability to such time. In such event, the County also shall be required to pay to the Owner all amounts, if any, which may be necessary to reimburse the Owner for any interest, penalties or other charges assessed by the Internal Revenue Service and the Department of Revenue of the State of North Carolina against the Owner by reason of the Owner's failure to include the interest on the Bond in its gross income for income tax purposes. The County shall pay to the Owner the above mentioned Alternative Rate of Interest notwithstanding any transfer by the Owner or payment or prepayment by the County prior to the date such Determination of Taxability was made. Section 2.6. Restriction to Transfer of 2015 Bond. The 2015 Bond will be non-transferable, except to a bank, insurance company or similar financial institution or any other entity approved by the LGC. The Paying Agent will have no obligation to pay any amounts due on the 2015 Bond to anyone other than the Owner of the 2015 Bond as shown on the registration books kept by the Registrar. [End of Article II] 5 PPAB 2739715v4 040615 HC BOC Page 54 ARTICLE III REDEMPTION OF 2015 BOND Section 3.1. Optional Redemption of the 2015 Bond. If no Event of Default has occurred and is continuing, the 2015 Bond may be redeemed before its maturity, at the option of the County, from any funds that may be available for such purpose, in whole or in part, on any Business Day at the Redemption Price, including a premium calculated on the par amount of the 2015 Bond to be redeemed, as follows: PERIOD On or before May 1, 2020 After May 1, 2020 to and including May 1, 2025 After May 1, 2025 REDEMPTION PRICE 103% 102% 101% Section 3.2. Sinking Fund Redemption. The 2015 Bond is subject to mandatory redemption prior to maturity in part, with the 2015 Bond to be redeemed being selected pursuant to Section 3 .4, at the Redemption Price of 100% of the principal amount thereof, without premium, in amounts and on the dates as follows: *Maturity REDEMPTION DATE (MAY 1) 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028* PRINCIPAL AMOUNT The Paying Agent will pay the mandatory redemption amounts as set forth above to the Owner without prior redemption notification. The Owner will record such payments on the 2015 Bond certificate. The Owner will not be required to deliver the 2015 Bond for payment. At its option, to be exercised on or before the 45 1h day next preceding any mandatory redemption date, the County may receive a credit in respect of its mandatory redemption obligation for any portion of the 2015 Bond which prior to said date has been redeemed pursuant to Section 3.1 and cancelled by the Trustee and not theretofore applied as a credit against any mandatory redemption obligation. Each such portion of the 2015 Bond so previously redeemed and cancelled by the Trustee shall be credited by the Trustee at 1 00% of the principal amount thereof against the obligation of the County to redeem the 2015 Bond on such mandatory redemption date or dates as the County may direct in writing to the Trustee and, 6 PPAB 2739715v4 040615 HC BOC Page 55 if no such direction is received, such amounts shall be credited against future mandatory redemption obligations in chronological order. Section 3.3. Notice of Redemption. Notice of redemption under Section 3 .I will be given by the Trustee not less than 30 days nor more than 60 days before the Redemption Date ( 1) to the LGC by Mail or facsimile transmission, and (2) by registered or certified mail to the then-registered Owner of 20 15 Bond to be redeemed at the last address shown on the registration books kept by the Registrar (or by such other means as may be permitted by the Owner). Such notice must (1) specify the Redemption Date, the Redemption Price and the place or places where amounts due on such redemption must be payable (which must be the principal office of the Paying Agent) and if less than all of the 2015 Bond is to be redeemed, the portion of2015 Bond to be redeemed, and (2) state that on the Redemption Date, the 2015 Bond or portion thereof to be redeemed will cease to bear interest. Failure to provide such notice to the LGC will not affect the validity of any proceedings for such redemption. If moneys are on deposit in the Debt Service Fund to pay the Redemption Price of the 2015 Bond called for redemption and premium, if any, thereon on a Redemption Date, the 2015 Bond or portions thereof so called for redemption as hereinabove specified will not bear interest after such Redemption Date and will not be considered to be Outstanding or to have any other rights under the General Indenture other than the right to receive payment. No payment of principal will be made by the Paying Agent on any 2015 Bond or portions thereof called for redemption until such 2015 Bond or portions thereof have been delivered for payment or cancellation or the Paying Agent has received the items required by Section 3.5 of the General Indenture with respect to any mutilated, lost, stolen or destroyed 2015 Bond. Section 3.4. Payment of Redemption Price. The County will cause to be deposited in the Debt Service Fund, solely out of the Trust Estate, an amount sufficient to pay the Redemption Price of 2015 Bond to be redeemed on the Redemption Date, and such 2015 Bond will be deemed to be paid within the meaning of Article X of the General Indenture. [End of Article III] 7 PPAB 2739715v4 040615 HC BOC Page 56 ARTICLE IV AMENDMENTS Section 4.1. Amendments to this Indenture. This Indenture and the rights and obligations of the County and the Owners may be modified or amended at the same times, in the same manner and for the same purposes as the General Indenture, but if the modification or amendment affects only the 2015 Bond, the percentage to be applied under Section 7.3 of the General Indenture will be applied only to the Outstanding 2015 Bond. The County will provide a copy of any amendment entered into under the terms hereof to the North Carolina Local Government Commission. Before the County and the Trustee enter into any supplemental indenture pursuant to this Section, there must have been delivered to the Trustee and the County an opinion of Bond Counsel stating that such supplemental indenture is authorized or permitted by this Indenture, complies with the terms hereof, will, upon the execution and delivery thereof, be valid and binding upon the County in accordance with its terms and will not adversely affect the exclusion from the gross income of the recipients thereof of interest on the 2015 Bond for federal income tax purposes. [End of Article IV] 8 PPAB 2739715v4 040615 HC BOC Page 57 ARTICLEV APPLICATION OF 2015 BOND PROCEEDS Section 5.1. Application of 2015 Bond Proceeds. On delivery of the 2015 Bond to the Purchaser, the purchaser will transfer to the Trustee the par amount of the 2015 Bond. The Trustee will dispose of the proceeds of the 2015 Bond and the other funds received from the County as follows: (1) $[Escrow Deposit] will be transferred to the Escrow Agent and deposited in the Escrow Fund; and (2) $[Col Deposit] will be deposited in the 2015 Costs oflssuance Account ofthe Construction Fund to pay the Costs oflssuance of the 2015 Bond. Section 5.2. 2015 Costs of Issuance Account. The County hereby establishes and creates a 2015 Costs of Issuance Account within the Construction Fund. There shall be deposited into the 2015 Costs of Issuance Account of the Construction Fund that portion of the proceeds of the 2015 Bond set forth in Section 5.1. The 2015 Costs of Issuance Account will be applied for the payment of Costs of Issuance on the filing from time to time with the Trustee of a requisition signed by a County Representative in the form attached hereto as Exhibit B, together with a voucher or other appropriate documentation as may be required by the Trustee. Any balance remaining in the 2015 Costs of Issuance Account on October 15, 2015 will be deposited in the Debt Service Fund and applied to the next payment of interest due on the 2015 Bond. [End of Article V] 9 PPAB 2739715v4 040615 HC BOC Page 58 ARTICLE VI MISCELLANEOUS Section 6.1. Parties Interested Herein. Nothing in this Indenture expressed or implied is intended or will be construed to confer on, or to give to any person other than the County, the Trustee, the Paying Agent and the Owners, any right, remedy or claim under or by reason of this Indenture or any covenant, condition or stipulation hereof; and all the covenants, stipulations, promises and agreements in this Indenture contained by and on behalf of the County or the Trustee will be for the sole and exclusive benefit of the County, the Trustee, the Paying Agent and the Owners. Section 6.2. Titles, Headings, Captions, Etc. The titles, captions and headings of the articles, sections and subdivisions of this Indenture have been inserted for convenience of reference only and will in no way modify or restrict any of the terms or provisions hereof. Section 6.3. Severability. If any provision of this Indenture is held invalid or unenforceable by any court of competent jurisdiction, such holding will not invalidate or render unenforceable any other provision hereof. Section 6.4. Governing Law. This Indenture will be governed and construed in accordance with the laws of the State. Section 6.5. Execution in Counterparts. This Indenture may be executed in several counterparts, each of which will be an original and all of which will constitute but one and the same instrument. Section 6.6. Notices. All notices, certificates or other communications will be sufficiently given and will be deemed given when delivered or mailed by certified or registered mail, postage prepaid, as follows: if to the County, to the County of Harnett, North Carolina, 102 East Front Street, PO Box 1199, Lillington, North Carolina 27546, Attention: Finance Officer; if to the Trustee, the Registrar or Paying Agent to U.S. Bank National Association, 5540 Centerview Drive, Suite 200, Raleigh, North Carolina 27606, Attention: Corporate Trust Services; if to the initial Owner to Regions Capital Advantage, Inc., 6805 Morrison Boulevard, Suite 250, Charlotte, North Carolina 28211, Attention: Jeremy E. Fisher. The County, the Trustee and the Owner, may, by written notice, designate any further or different addresses to which subsequent notices, certificates or other communications will be sent. Section 6. 7. Payments Due on Holidays. If the date for making any payment or the last day for performance of any act or the exercising of any right, as provided in this Indenture, is not a Business Day, such payment may be made or act performed or right exercised on the next day that is a Business Day with the same force and effect as if done on the nominal date provided in this Indenture. Section 6.8. Reports and Notices to the Purchaser. The County shall provide to the Purchaser the reports and notices required pursuant to Section 6.4 of the General Indenture at the times provided therein. 10 PPAB 2739715v4 040615 HC BOC Page 59 IN WITNESS WHEREOF, the County and the Trustee have caused this Indenture to be executed in their respective names as of the date first above written. COUNTY OF HARNETT, NORTH CAROLINA By: _______________ _ County Manager [Signatures Continued on Following Page] 11 PPAB 2739715v4 040615 HC BOC Page 60 PPAB 2739715v4 [Signature Page of Series Indenture, Number 3] U.S. BANK NATIONAL ASSOCIATION as Trustee By: _______________ _ 12 Shawna L. Hale Vice President 040615 HC BOC Page 61 No. R-1 EXHIBIT A FORM OF 2015 BOND THIS BOND, EXCEPT FOR PERMITTED TRANSFERS, IS NON-TRANSFERABLE COUNTY OF HARNETT, NORTH CAROLINA ENTERPRISE SYSTEMS REVENUE REFUNDING BOND, SERIES 2015 $[Amount] INTEREST RATE 2.53% DATED DATE April15, 2015 MATURITY DATE May 1, 2028 REGISTERED OWNER: REGIONS CAPITAL ADVANTAGE, INC. PRINCIPAL AMOUNT: (AMOUNT] DOLLARS The County of Harnett, North Carolina (the "County"), a political subdivision duly created and existing under the laws of the State of North Carolina (the "State"), for value received, promises to pay, but solely from the sources and in the manner hereinafter provided, to the Owner named above the Principal Amount stated above on the Maturity Date set forth above (or earlier as hereinafter described), and to pay such Owner at the address as it appears on the registration books kept by U.S. Bank National Association, the Registrar,-the Trustee and the Paying Agent for the 2015 Bond (the "Registrar," the "Paying Agent" and the "Trustee"), at the close of business on the 15 1h day preceding each hereinafter- described Interest Payment Date (each, a "Record Date"), interest on such Principal Amount at the Interest Rate set forth above from the Interest Payment Date next preceding the date of authentication (unless (1) the date of such authentication precedes the first Interest Payment Date, in which case they will be dated as of the date of the initial issuance of the 2015 Bond or (2) the date of such authentication is an Interest Payment Date to which interest on the 2015 Bond has been paid in full or duly provided for in accordance with the terms of this Indenture, in which case they will be dated as of such Interest Payment Date) until the principal hereof has been paid or provided for in accordance with the Indenture hereinafter referred to, payable November 1, 2015 and thereafter on each May 1 and November 1 (each, an "Interest Payment Date"). Both principal and interest and any premium on the redemption before the maturity of all or part hereof are payable in lawful coin or currency of the United States of America and are payable by wire transfer at the address specified in writing by the Owner by the Record Date preceding an Interest Payment Date. THE 2015 BOND IS A SPECIAL OBLIGATIONS OF THE COUNTY. THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THE 2015 BOND ARE NOT PAYABLE FROM THE GENERAL FUNDS OF THE COUNTY, NOR DOES IT CONSTITUTE A LEGAL OR EQUITABLE PLEDGE, CHARGE, LIEN, OR ENCUMBRANCE UPON ANY OF ITS PROPERTY OR UPON ANY OF ITS INCOME, RECEIPTS, OR REVENUES EXCEPT THE FUNDS WHICH ARE PLEDGED UNDER THE INDENTURE (HEREINAFTER DEFINED). NEITHER THE CREDIT NOR THE TAXING POWER OF THE STATE OR THE COUNTY ARE PLEDGED FOR THE PAYMENT OF THE PRINCIPAL OF, PREMIUM, IF ANY, OR INTEREST ON THE 2015 BOND, AND NO OWNER OF THIS 2015 BOND HAS THE RIGHT TO COMPEL THE EXERCISE OF THE TAXING POWER BY THE STATE OR THE COUNTY OR THE FORFEITURE OF ANY OF ITS PROPERTY IN CONNECTION WITH ANY DEFAULT. A-1 PPAB 2739715v4 040615 HC BOC Page 62 This Bond is one of a duly authorized series of revenue bonds of the County, designated "County of Harnett, North Carolina Enterprise Systems Revenue Refunding Bond, Series 2015" (the "2015 Bond"), issued under a General Trust Indenture dated as of May 15, 2007 (the "General Indenture'') between the County and Regions Bank, the successor to which is the Trustee, and Series Indenture, Number 3 dated as of April 1, 2015 (the ''Series Indenture" and, together with the General Indenture and all supplements thereto, being hereinafter referred to collectively as the "Indenture") between the County and the Trustee. Unless the context indicates otherwise, all capitalized, undefined terms used herein shall have the meanings ascribed to them in the Indenture. The 2015 Bond are being issued to (1) to refund the County's Enterprise Systems Revenue Bonds, Series 2007A maturing on and after May 1, 2018 and (2) to pay the costs of issuing the 2015 Bond. All Outstanding Bonds under the Indenture and any additional Series of Bonds issued under the Indenture, will be parity obligations with the 2015 Bond. The 2015 Bond, together with interest thereon, is a special obligation of the County payable solely from Revenues (except to the extent paid out of moneys attributable to Bond proceeds or the income from the temporary investment thereof and, under certain circumstances, proceeds from insurance and condemnation awards) after payment of the Operating Expenses of the Enterprise Systems and constitute a valid claim of the respective Owners thereof only against the funds and other moneys held by the Trustee for the benefit of the Owners of the 2015 Bond, which amounts are pledged and assigned pursuant to the Indenture for the equal and ratable payment of the 2015 Bond and will be used for no other purpose than to pay the principal of, premium, if any, and interest on the 2015 Bond, except as may be otherwise expressly authorized in the Indenture. Under the Indenture the County has, for the benefit of the Owners of the Bonds, assigned the County's rights to all Revenues and to any and all moneys and securities in all of the funds and accounts established under the Indenture, except the Enterprise Systems Revenue Bond Fund, the Enterprise Systems Operating Fund, the Extension and Replacement Fund and the Surplus Fund, to the Trustee in trust. Reference is made to the Indenture for a more complete statement of the provisions thereof and of the rights of the County, the Trustee and the Owners ofthe 2015 Bond. Copies ofthe Indenture are on file may be inspected at the principal office of the Trustee in Charlotte, North Carolina. By the purchase and acceptance of this Bond, the Owner hereof signifies assent to all of the provisions of the aforementioned documents. This Bond is issued and the Indenture were made and entered into under and pursuant to the Constitution and laws of the State, and particularly in conformity with the provisions, restrictions and limitations of General Statutes of North Carolina Section 159-80 et seq., as amended. If no Event of Default has occurred and is continuing, the 2015 Bond may be redeemed before its maturity, at the option of the County, from any funds that may be available for such purpose, in whole or in part, on any Business Day at the Redemption Price, including a premium calculated on the par amount of the 2015 Bond to be redeemed, as follows: PPAB 2739715v4 PERIOD On or before May 1, 2020 After May 1, 2020 to and including May 1, 2025 After May 1, 2025 A-2 REDEMPTION PRICE 103% 102% 101% 040615 HC BOC Page 63 The 20I5 Bond is subject to mandatory redemption prior to maturity in part, with the 2015 Bond to be redeemed being selected pursuant to Series Indenture, at the Redemption Price of I 00% of the principal amount thereof, without premium, in amounts and on the dates as follows: *Maturity REDEMPTION DATE (MAY 1) 20I6 20I7 2018 20I9 2020 202I 2022 2023 2024 2025 2026 2027 2028* PRINCIPAL AMOUNT The Paying Agent will pay the mandatory redemption amounts as set forth above to the Owner without prior redemption notification. The Owner will record such payments on the 20 IS Bond certificate. The Owner will not be required to deliver the 20 IS Bond for payment. At its option, to be exercised on or before the 45th day next preceding any mandatory redemption date, the County may receive a credit in respect of its mandatory redemption obligation for any portion of the 20I5 Bond which prior to said date has been optionally redeemed and cancelled by the Trustee and not theretofore applied as a credit against any mandatory redemption obligation. Each such portion of the 20 IS Bond so previously redeemed and cancelled by the Trustee shall be credited by the Trustee at I 00% of the principal amount thereof against the obligation of the County to redeem the 20 IS Bond on such mandatory redemption date or dates as the County may direct in writing to the Trustee and, if no such direction is received, such amounts shall be credited against future mandatory redemption obligations in chronological order. Notice of optional redemption will be given by the Trustee not less than 30 days nor more than 60 days before the Redemption Date (1) to the LGC by Mail or facsimile transmission, and (2) by registered or certified mail to the then-registered Owner of 20I5 Bond to be redeemed at the last address shown on the registration books kept by the Registrar (or by such other means as may be permitted by the Owner). Failure to provide such notice to the LGC will not affect the validity of any proceedings for such redemption. If moneys are on deposit in the Debt Service Fund to pay the Redemption Price of the 20 IS Bond called for redemption and premium, if any, thereon on a Redemption Date, the 20I5 Bond or portions thereof so called for redemption as hereinabove specified will not bear interest after such Redemption Date and will not be considered to be Outstanding or to have any other rights under the General Indenture other than the right to receive payment. No payment of principal will be made by the Paying Agent on any 20 IS Bond or portions thereof called for redemption until such 20 IS Bond or portions thereof have A-3 PPAB 2739715v4 040615 HC BOC Page 64 been delivered for payment or cancellation or the Paying Agent has received the items required by the General Indenture with respect to any mutilated, lost, stolen or destroyed 2015 Bond. The Indenture permits amendment thereto upon the agreement of the County and the Trustee and with the approval of the registered Owners of not less than a mqjority in aggregate principal amount of the Bonds at the time Outstanding. The Indenture also contains provisions permitting the County and the Trustee to enter into amendments to the Indenture without the consent of the Owners of the Bonds for certain purposes. Any consent or request by the Owner of this Bond shall be conclusive and binding upon such Owner and upon all future Owners of this Bond and of any Bond issued upon the transfer of this Bond whether or not notation of such consent or request is made upon this Bond. This Bond is issued with the intent that the laws of the State of North Carolina shall govern its legality, validity, enforceability and construction. THIS BOND WILL BE NON-TRANSFERABLE, EXCEPT TO A BANK, INSURANCE COMPANY OR SIMILAR FINANCIAL INSTITUTION OR ANY OTHER ENTITY APPROVED BY THE NORTH CAROLINA LOCAL GOVERNMENT COMMISSION. All acts, conditions and things required to happen, exist and be performed precedent to and in the issuance of this Bond and the execution of the Indenture have happened, existed and have been performed as so required. This Bond shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the Indenture until it shall have been authenticated by the execution by the Authenticating Agent (as defined in the Indenture) of the certificate of authentication endorsed hereon. [Signatures Begin on Following Page] A-4 PPAB 2739715v4 040615 HC BOC Page 65 IN WITNESS WHEREOF, the County of Harnett, North Carolina has caused this Bond to be executed with the manual or facsimile signatures of the County Manager and Clerk to the Board of Commissioners and has caused the County's official seal or a facsimile thereof to be impressed or imprinted hereon. COUNTY OF HARNETT, NORTH CAROLINA By: ____________________________ __ County Manager [SEAL] By: ____________________________ ___ Clerk to the Board of Commissioners PPAB 2739715v4 The issue hereof has been approved under the provisions of The State and Local Government Revenue Bond Act. Secretary of the Local Government Commission A-5 040615 HC BOC Page 66 CERTIFICATE OF AUTHENTICATION Date of Authentication: April15, 2015 This Bond is one ofthe Enterprise Systems Revenue Refunding Bond, Series 2015 designated herein issued under the provisions of the within-mentioned Indenture. A-6 PPAB 2739715v4 U.S. BANK NATIONAL ASSOCIATION, as Registrar and Paying Agent By: --~~--~~~~-----------------Shawna L. Hale Vice President 040615 HC BOC Page 67 FORM OF ASSIGNMENT ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please print or typewrite Name and Address, including Zip Code, and Federal Taxpayer Identification or Social Security Number of Assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints Attorney to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: ________ _ Signature guaranteed by: NOTICE: Signature must be guaranteed by a Participant in the Securities Transfer Agent Medallion Program ("Stamp") or similar program. NOTICE: The signature to this assignment must correspond with the name as it appears on the face of the within Bond in every particular, without alteration, enlargement or any change whatever. TRANSFER FEE MAY BE REQUIRED A-7 PPAB 2739715v4 040615 HC BOC Page 68 EXHIBITB FORM OF REQUISITION U.S. Bank National Association 5540 Centerview Drive, Suite 200 Raleigh, North Carolina 27606 Attention: Corporate Trust Services Dear Re: Disbursement from the 2015 Costs oflssuance Account of the Construction Fund (the "2015 Costs of Issuance Account") relating to the County of Harnett, North Carolina Enterprise Systems Revenue Refunding Bond, Series 2015 Pursuant to Section 5.2 of Series Indenture, Number 3 dated as of April 1, 2015 (the "Series Indenture") between the County of Harnett, North Carolina, and you, as trustee, we hereby request you to disburse from the 2015 Costs oflssuance Account as follows: 1. The amount to be disbursed is $ ________ _ 2. The name and address of the person, firm or corporation to whom the disbursement should be made is as follows: 3. The purpose of the disbursement is to---------------- 4. The disbursement herein requested is for work actually performed or for service actually rendered. DATED this_ day of ______ , 2015. COUNTY OF HARNETT, NORTH CAROLINA By: ________________________ ___ County Representative B-1 PP AB 2739715v4 040615 HC BOC Page 69 Parker Poe Draft-03/_/15 ESCROW AGREEMENT ESCROW AGREEMENT dated as of April 1, 2015 between the COUNTY OF HARNETT, NORTH CAROLINA (the "County'') and U.S. BANK NATIONAL ASSOCIATION, as escrow agent (the "Escrow Agent''), a national banking association organized and existing under the laws of the United States of America, being authorized to accept and execute trust of the character herein set out under and by virtue of the laws ofthe State ofNorth Carolina (the "State"). WITNESSETH: WHEREAS, the County has issued its $13,235,000 Enterprise System Revenue Bonds, Series 2007A (the ''2007A Bonds"), of which $11,650,000 is currently outstanding; WHEREAS, the County wishes to refund in advance of their maturities the 2007 A Bonds maturing on and after May 1, 2018 (the "Refunded Bonds"); WHEREAS, the County has determined to issue its Enterprise Systems Revenue Refunding Bond, Series 2015 (the "2015 Bond'') under a General Trust Indenture dated as of May 15, 2007 (the "General Indenture'') between the County and Regions Bank, the successor to which is U.S. Bank National Association, as trustee (the "Trustee"), and Series Indenture, Number 3 dated as of April I, 2015 (the "Series Indenture," and together with the General Indenture, the "Indenture") between the County and the Trustee, for the purpose of, among other things, refunding the Refunded Bonds; and WHEREAS, the Indenture provides that a portion of the proceeds of the 2015 Bond will be deposited in the Escrow Fund established under this Agreement and applied to the purchase of Federal Securities, the proceeds of which shall be applied to the payment of the Refunded Bonds; and WHEREAS, this Agreement sets forth the understandings and agreements of the County and the Escrow Agent with respect to the Refunded Bonds and the Escrow Fund; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, and intending to be legally bound, the County and the Escrow Agent covenant and agree: ARTICLE I DEFINITIONS As used in this Agreement, unless clearly implied, the following terms shall have the following meamngs: "Agreement" means this Escrow Agreement dated as of April 1, 2015 between the County and the Escrow Agent. "County" means the County of Harnett, North Carolina, or any successor to its functions. "Escrow Agent" means U.S. Bank National Association, and its successors and assigns, in its capacity as escrow agent hereunder and, for purposes of complying with Article X of the General Indenture, as Trustee. 040615 HC BOC Page 70 "Escrow Fu11(f' means the Escrow Fund created in Section 2.01 which shall be applied to the payment of Refunded Bonds as provided herein. "Federal Securities" means, to the extent permitted by Section 159-84 of the General Statutes of North Carolina, (a) direct obligations of the United States of America for the payment of which the full faith and credit of the United States of America is pledged; (b) obligations issued by any agency controlled or supervised by and acting as an instrumentality of the United States of America, the payment of the principal of and interest on which is fully guaranteed as full faith and credit obligations of the United States of America (including any securities described in (a) or (b) issued or held in the name of the Trustee in book entry form on the books of the Department of Treasury of the United States of America), which obligations, in either case, are held in the name of the Trustee and are not subject to redemption or purchase prior to maturity at the option of anyone other than the Owner; (c) any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state which are (i) not callable prior to maturity or (ii) as to which irrevocable instructions have been given to the trustee or escrow agent of such bonds or other obligations by the obligor to give due notice of redemption and to call such bonds for redemption on the date or dates specified, and which are rated by Moody's, if the Bonds are rated by Moody's, and S&P, if the Bonds are rated by S&P within the highest rating category and which are secured as to principal, redemption premium, if any, and interest by a fund consisting only of cash or bonds or other obligations of the character described in clause (a) hereof which fund may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; (d) the interest only portions of obligations issued by the Resolution Funding Corporation; or (e) direct evidences of ownership of proportionate interests in future interest and principal payments on specified obligations described in (a) held by a bank or trust company as custodian, under which the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor on the underlying obligations described in (a), and which underlying obligations are not available to satisfy any claim of the custodian or any person claiming through the custodian or to whom the custodian may be obligated. "General Indenture" means the General Trust Indenture dated as of May 15, 2007, between the County and Regions Bank, the successor to which is the Trustee, and any amendments and supplements thereto. "Indenture" means, collectively, the General Indenture and Series Indenture, Number 3 dated as of April 1, 2015 between the County and the Trustee. "Refunded Bonds'' means the 2007 A Bonds maturing on and after May 1, 2018. "Series Indenture, Number 1" means Series Indenture, Number 1 dated as of May 15, 2007 between the County and the Trustee, under which the Refunded Bonds were issued. "State" means the State of North Carolina. "Trustee" means U.S. Bank National Association, as trustee under the Indenture. "2007A Bonds" means the $13,235,000 Enterprise System Revenue Bonds, Series 2007A, of which $11,650,000 is currently outstanding. 2 PP AB 2748287v3 040615 HC BOC Page 71 "2015 Boner means the Enterprise Systems Revenue Refunding Bonds, Series 2015 issued by the County in the aggregate principal amount of $[Amount]. ''Verification Report'' means the verification report dated April 15, 2015 by Bingham Arbitrage Rebate Services, Inc. in connection with the issuance of the 2015 Bond and the defeasance of the Refunded Bonds. ARTICLE II CREATION OF ESCROW FUND Section 2.01. Escrow Fund. There is hereby created and established with the Escrow Agent a special and irrevocable escrow fund designated the Escrow Fund to be held in the custody of the Escrow Agent separate and apart from other funds and accounts of the County or the Escrow Agent. Section 2.02. Initial Deposit. Concurrently with the execution of this Agreement, the County has caused to be deposited with the Escrow Agent, and the Escrow Agent acknowledges receipt of, $[Bond Proceeds] from the proceeds of the 2015 Bond and $[Interest] from other available funds of the County. Concurrently with the receipt of such funds, the Escrow Agent shall deposit $[Escrow Deposit] in the Escrow Fund. Amounts deposited in the Escrow Fund will be simultaneously applied to the purchase of the Federal Securities described in Schedule II hereto ("Schedule IF'), except to the extent of balances designated in Schedule II to be uninvested. The Federal Securities shall mature in principal amounts and pay interest in such amounts so that sufficient moneys will be available to pay the principal of and interest on the Refunded Bonds when due until May I, 2017, at which time the outstanding principal, premium, and interest with respect to the Refunded Bonds will be paid in full. In reliance on the Verification Report, the County hereby finds and determines that the investments described in Schedule II are advantageous in yield and maturity date to provide sufficient moneys to redeem the Refunded Bonds, and to comply with United States Department of the Treasury regulations adopted or applicable pursuant to the Internal Revenue Code of 1986, as amended. If such amounts are insufficient, the County shall timely deposit in the Escrow Fund any additional necessary amounts. The Escrow Agent shall give the County notice of an insufficiency as promptly as possible after the Escrow Agent has actual knowledge of the insufficiency, but the Escrow Agent has no liability whatsoever for a failure to give such notice or for such insufficiency except as set forth in Section 4.04. Section 2.03. Irrevocable Deposit; Control. The deposit in the Escrow Fund of the proceeds of the 2015 Bond constitutes an irrevocable deposit of such money exclusively for the benefit of the Refunded Bonds, and such money and Federal Securities, together with any income or interest earned thereon, shall be held in trust and shall be applied solely to the payment of the principal, premium, and interest with respect to the Refunded Bonds as the same mature and become due, as set forth in Schedule I hereto ("Schedule F'). Subject to the requirements set forth herein for the use of the Escrow Fund and the moneys and investments therein, including, without limitation, Section 3.02, the County covenants and agrees that the Escrow Agent shall have full and complete control and authority over and with respect to the Escrow Fund and moneys and investments therein and that the County shall not exercise any control or authority over and with respect to the Escrow Fund and the moneys and investments therein. The County irrevocably directs the Trustee to call the Refunded Bonds for redemption on February 1, 2012. Section 2.04. Substitute Securities. Cash or other Federal Securities other than any Federal Securities listed in Schedule II may be substituted but only if such cash or Federal Securities: 3 PP AB 2748287v3 040615 HC BOC Page 72 (1) are in an amount or mature in an amount, which together with any cash or Federal Securities substituted for the Federal Securities listed in Schedule II is equal to or greater than the amount required to pay the principal of and interest on the Refunded Bonds; (2) mature on or before the date amounts are due on the Refunded Bonds under Schedule I; and (3) the County and the Escrow Agent receive an opm10n of nationally recognized bond counsel stating that such substitution will not adversely affect the exclusion from gross income for federal income tax purposes of the interest on the Refunded Bonds or the 2015 Bonds. ARTICLE III DUTIES OF THE ESCROW AGENT; FEES AND COSTS Section 3.01. Payments on Refunded Bonds. The Escrow Agent, without further authorization and direction from the County, shall pay to the Trustee or DTC, as applicable, from moneys available in the Escrow Fund, on the date on which each payment of principal, premium, and interest falls due, moneys sufficient to pay the principal, premium and interest falling due with respect to the Refunded Bonds as set forth in Schedule I hereto. Such payments shall be made from the principal of and interest on the Federal Securities or other moneys in the Escrow Fund securing the Refunded Bonds. Section 3.02. Investment of Escrow Fund. The Escrow Agent shall purchase or cause to be purchased those Federal Securities listed in Schedule II solely from the moneys deposited by the County in the Escrow Fund. The Escrow Agent shall apply the moneys deposited in such account and the Federal Securities, together with any income or interest earned thereon, in accordance with this Agreement. The Escrow Agent has no power or duty to invest any moneys held hereunder or to make substitutions of the Federal Securities held hereunder or to sell, transfer or otherwise dispose of the Federal Securities acquired hereunder except as provided herein. The Escrow Agent may, on the request of the County, sell or redeem all or a portion of the Federal Securities held for the credit of the Escrow Fund and reinvest the required proceeds of such sale or redemption, in Federal Securities designated in such request of the County, but only on receipt by the Escrow Agent of: (a) a certificate of an independent certified public accountant or other nationally recognized verification agent stating that after giving effect to such request the Federal Securities held for the credit of such account are of such maturities and interest payment dates and bear such interest as will, without further investment or reinvestment of either the principal amount thereof or the interest earnings thereon, be sufficient together with all cash and other immediately available invested funds held for the credit of such account to pay the principal, redemption premium, and interest with respect to the Refunded Bonds when due and as described in this Agreement; and (b) an opinion of counsel acceptable to the County and the Escrow Agent, which shall be nationally recognized bond counsel, stating that the Refunded Bonds are deemed defeased and that the compliance with such request of the County will not adversely affect the exclusion from gross income for federal income tax purposes of the interest on such bonds. 4 PP AB 2748287v3 040615 HC BOC Page 73 The liability of the Escrow Agent for the payment of the principal, premium and interest with respect to the Refunded Bonds pursuant to this Section is limited to the cash available for such purposes in the Escrow Fund. The County shall not direct the Escrow Agent to exercise any of its powers to cause any part of the moneys or funds at any time in the Escrow Fund to be used directly or indirectly to acquire any obligations which would cause any Refunded Bond to be an "arbitrage bond" within the meaning of Section 148 ofthe Internal Revenue Code of 1986, as amended. Section 3.03. Escrow Agent's Fees. The Escrow Agent's fees and costs for and in carrying out the provisions of this Agreement have been set, which fees and costs are to be paid by the County as they are due from funds of the County and not from funds in the Escrow Fund. The County will bear all costs of publication and mailing of notices required by this Agreement and Series Indenture, Number 1. The County agrees to indemnify the Escrow Agent, to the extent permitted by law, against any liability which it may incur while acting in good faith in its capacity as Escrow Agent except for its own negligence, misconduct or default, such indemnification including, but not limited to, any court costs and reasonable attorneys' fees. Any costs, fees or other expenses of the Escrow Agent under this Agreement may not, however, be paid from the Escrow Fund. The Escrow Agent is not liable for any loss resulting from any investment made at the direction of the County pursuant to the terms and provisions of this Agreement. Section 3.04. Notices to Refunded Bondowners. The Escrow Agent shall give notice to the registered owners from time to time of the Refunded Bonds in accordance with the instructions received from the County in connection with this Agreement. The Escrow Agent is hereby instructed to give notice of defeasance as soon as practicable, substantially in the form attached to this Agreement as Exhibit B, in the manner and to the parties set forth in Exhibit B. The Escrow Agent shall give notice of redemption, substantially in the form attached to this Agreement as Exhibit A, in the manner and to the parties set forth in Exhibit A. The Escrow Agent will also post the defeasance notice and the redemption notice on the Municipal Securities Rulemaking Board's EMMA system. ARTICLE IV GENERAL PROVISIONS Section 4.01. Escrow Fund Irrevocable. The Escrow Fund hereby created is irrevocable and the owners of the Refunded Bonds are hereby granted an express lien on the Escrow Fund until applied in accordance with this Agreement. The Escrow Agent shall hold the Escrow Fund as a separate trust fund wholly segregated from all other funds and accounts held in any capacity and shall make disbursements from such accounts only in accordance with the provisions of this Agreement. The principal of and interest on the Federal Securities shall not be reinvested except as provided in Section 2.04 and Section 3.02, and the Escrow Agent shall not sell or dispose of such securities except as provided in Section 2.04 and Section 3.02. Under no circumstances shall the Escrow Agent have a lien on the Escrow Fund for its charges, fees and expenses and under no circumstances shall the Escrow Agent make any claim against the Escrow Fund for such charges, fees and expenses. Section 4.02. Report. The Escrow Agent shall deliver to the County on or before the fifteenth business day of each month a report of each transaction relating to the Escrow Fund through the last business day of the preceding month. Notwithstanding the provisions of Section 4.09, such delivery may be made through electronic means. 5 PP AB 2748287v3 040615 HC BOC Page 74 Section 4.03. Refunded Bondowner Rights. The Escrow Agent and the County agree that the owners of the Refunded Bonds have a beneficial and vested interest in the Escrow Fund as herein provided. It is therefore recited, understood and agreed that, until the provisions hereof have been fully carried out, this Agreement (a) may be amended only to cure ambiguity or correct manifest error without the prior written consent of all of the owners of the Refunded Bonds and (b) is not subject to amendment for any other reason or revocation except with the prior written consent of all of the owners of the Refunded Bonds. Section 4.04. Deficiency. If there is any deficiency in the Escrow Fund, the County will remedy such deficiency by paying to the Escrow Agent the amount of such deficiency. The Escrow Agent is not liable for any such deficiency, except as such deficiency may be caused by its negligence or willful misconduct. Section 4.05. Termination. This Agreement terminates when all payments of the principal, premium and interest with respect to the Refunded Bonds required to be made to the owners of the Refunded Bonds under the provisions of the Bond Resolution have been made; provided, however, that the indemnification provisions of Section 3.03 will survive any such termination. Section 4.06. Severability. If any one or more of the covenants or agreements provided in this Agreement on the part of the parties hereto to be performed should be determined by a court of competent jurisdiction to be contrary to law, (a) such covenant or agreement is to be deemed and construed to be severable from the remaining covenants and agreements herein contained and in no way affects the validity of the remaining provisions of this Agreement, (b) the County shall provide notice thereof to each of the rating agencies then rating the 2015 Bonds. Section 4.07. Law. This Agreement shall be governed exclusively by the laws of the State. Section 4.08. Counterparts. This Agreement may be executed in several counterparts, all or any of which are regarded for all purposes as one original and constitute one and the same instrument. Section 4.09. Notices. Any notice or other communication to be given under this Agreement shall be in writing and may be given by certified mail (postage prepaid, return receipt requested), telegraph, facsimile or personal delivery, if to the County, to the County of Harnett, North Carolina, 102 E. Front Street, Lillington, North Carolina 27546, Attention: Finance Officer, and if to the Escrow Agent, to U.S. Bank National Association, 5540 Centerview Drive, Suite 200, Raleigh, North Carolina 27606, Attention: Corporate Trust Services. 6 PP AB 2748287v3 040615 HC BOC Page 75 IN WITNESS WHEREOF, the Escrow Agent and the County have caused this Agreement to be executed by their duly authorized officers, as of April 1, 2015. PP AB 2748287v3 U.S. BANK NATIONAL ASSOCIATION, as Escrow Agent By: ______________ _ Shawna L. Hale Vice President [Signatures Continued on Following Page] 7 040615 HC BOC Page 76 [Counterpart Signature Page to the Escrow Agreement] COUNTY OF HARNETT, NORTH CAROLINA By: _____________ _ County Manager 8 PP AB 2748287v3 040615 HC BOC Page 77 SCHEDULE I PAYMENTSCHEDULEFORREFUNDEDBONDS PRINCIPAL INTEREST The Refunded Bonds are to be called on May 1, 2017 at the principal amount thereof, plus accrued interest to the redemption date. PP AB 2748287v3 040615 HC BOC Page 78 TYPE OF SECURITY SCHEDULE II FEDERAL SECURITIES MATURITY DATE PAR AMOUNT *There will be an initial cash deposit equal to$[ 1. PPAB 2748287v3 INTEREST RATE 040615 HC BOC Page 79 PP AB 2748287v3 EXHIBIT A NOTICE OF REDEMPTION [To be inserted] 040615 HC BOC Page 80 PP AB 2748287v3 EXHIBITB NOTICE OF DEFEASANCE [To be inserted] 040615 HC BOC Page 81 Agenda Item Lf • F EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS A regular meeting ofthe Board of Commissioners (the "Board") ofthe County ofHarnett, North Carolina was duly called and held on Monday, April 6, 2015, at 9:00a.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, Jim Burgin, Chairman of the Board presiding and the following Commissioners present: Commissioners Absent: * * * * * * * * * Commissioner introduced the following resolution, a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board and which was read by title: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, APPROVING AN AMENDMENT TO AN INSTALLMENT PURCHASE CONTRACT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS WHEREAS, the County of Harnett, North Carolina (the "County") is a political subdivision validly existing under the Constitution, statutes and laws of the State (the "State"); WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina, to (1) purchase real and personal property, (2) enter into installment purchase contracts to finance the purchase or improvement of real and personal property used, or to be used, for public purposes, and (3) grant a security interest in some or all of the property purchased or improved to secure repayment of the purchase price; WHEREAS, the County has previously entered into an Installment Purchase Contract dated as of April 15, 2007 (the "2007 Contract') with the Harnett County Public Facilities Corporation (the "Corporation") in order to finance, in part, (1) the construction, furnishing and equipping of a new elementary school to be known as Overbills Elementary School, (2) the construction, furnishing and equipping a jail and law enforcement center (the "Law Enforcement Facility"), (3) the construction of a gymnasium at Coats Elementary School, and (4) the construction of a solid waste transfer station; WHEREAS, in order to secure its obligations under the 2007 Contract, the County executed and delivered a Deed of Trust and Security Agreement dated as of April15, 2007 from the County to the deed of trust trustee named therein, granting a lien on the real property on which the Law Enforcement Facility and Overbills Elementary School are located and all improvements thereon; WHEREAS, the Corporation previously executed and delivered its Certificates of Participation, Series 2007A (the "2007A Certificates"), evidencing proportionate undivided interests in rights to receive certain revenues (the "Revenues") pursuant to the 2007 Contract under an Indenture of Trust dated as of April 15, 2007 (the "General Indenture"), as supplemented by Supplemental Indenture, Number I dated as of Aprill5, 2007, each between the Corporation and Regions Bank, as trustee (the "Trustee"); WHEREAS, the Board of Commissioners of the County (the "Board") hereby determines that it is in the best interests of the County to enter into Amendment Number One to the Installment Purchase PPAB 2749100v2 040615 HC BOC Page 82 Contract (the "Contract Amendment," and together with the 2007 Contract, the "Contract') between the County and the Corporation in order to refinance the County's installment payment obligations under the Contract corresponding to the 2007A Certificates maturing on and after December 1, 2018 (collectively, the "Refunded Certificates"); WHEREAS, in connection with the refinancing, the Corporation will execute and deliver under the General Indenture and Supplemental Indenture, Number 2 dated as of April 1, 2015 (the "Second Supplement') between the Corporation and the Trustee a Refunding Certificate of Participation, Series 2015 (the "2015 Certificate"), evidencing proportionate undivided interests in rights to receive certain Revenues pursuant to the Contract, which is to be purchased by Regions Capital Advantage, Inc. (the "Purchaser") pursuant to the terms set forth in the Second Supplement; WHEREAS, there have been described to the Board forms of the Second Supplement, the Contract Amendment and an Escrow Agreement to be dated as of April 1, 2015 (the "Escrow Agreement," and together with the Second Supplement and the Contract Amendment, the "Instruments") between the County and Regions Bank, as escrow agent (in such capacity, the "Escrow Agent'), copies of which have been made available to the Board, which the Board proposes to approve, enter into and deliver to effectuate the proposed refinancing; WHEREAS, it appears that each of the Instruments is in appropriate form and is an appropriate instrument for the purposes intended; WHEREAS, the County hereby determines that all findings, conclusions and determinations of the County in this Resolution are subject to modification or affirmation until the execution and delivery of the 2015 Certificate; and WHEREAS, the County has filed an application with the LGC for approval of the Contract Amendment; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS: Section 1. Ratification of Actions. All actions of the County, the Chairman of the Board, the Clerk to the Board, the County Manager, the Finance Officer, the County Attorney and their respective designees, whether previously or hereinafter taken in effectuating the proposed refinancing are hereby approved, ratified and authorized pursuant to and in accordance with the transactions contemplated by the Instruments. Section 2. Authorization to Execute the Contract Amendment The County approves the refinancing of the Refunded Certificates in accordance with the terms of the Contract Amendment, in a principal amount not to exceed $31,000,000, which will be a valid, legal and binding obligation of the County in accordance with its terms. The form and content of the Contract Amendment are hereby authorized, approved and confirmed, and the Chairman of the Board, County Manager, the Finance Officer and the Clerk to the Board and their respective designees are hereby authorized, empowered and directed, individually and collectively, to execute and deliver the Contract Amendment, including necessary counterparts, in substantially the form and content presented to the Board, but with such changes, modifications, additions or deletions therein as they deem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the County's approval of any and all changes, modifications, additions or deletions therein from the form and content of the Contract Amendment presented to the Board. From and after the execution and delivery of the Contract Amendment, the Chairman of the Board, the County Manager, the Finance Officer and the Clerk to the Board and their 2 PPAB 2749100v2 040615 HC BOC Page 83 respective designees are hereby authorized, empowered and directed, individually and collectively, to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Contract Amendment as executed. Section 3. Authorization to Execute the Escrow Agreement. The form and content of the Escrow Agreement are hereby in all respects authorized, approved and confirmed, and the Chairman of the Board, the County Manager, the Finance Officer and the Clerk to the Board and their respective designees are hereby authorized, empowered and directed, individually and collectively, to execute and deliver the Escrow Agreement, including necessary counterparts, in substantially the form and content presented to the Board, but with such changes, modifications, additions or deletions therein as they deem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the County's approval of any and all changes, modifications, additions or deletions therein from the form and content of the Escrow Agreement presented to the Board. From and after the execution and delivery of the Escrow Agreement, the Chairman of the Board, the County Manager, the Finance Officer and the Clerk to the Board are hereby authorized, empowered and directed, individually and collectively, to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Escrow Agreement as executed. Section 4. Purchase ofthe 2015 Certificate. The 2015 Certificate shall be sold to the Purchaser pursuant to the terms of the Second Supplement. Section 5. County Representative. The Chairman of the Board, the County Manager and the Finance Officer are hereby designated as the County's Representatives to act on behalf of the County in connection with the transaction contemplated by the Instruments, and each is authorized to proceed with the refinancing of the Refunded Certificates in accordance with the Instruments and to seek opinions as a matter of law from the County Attorney, which the County Attorney is authorized to furnish on behalf of the County, and opinions of law from such other attorneys for all documents contemplated hereby. The Chairman of the Board, the County Manager, the Finance Officer and the Clerk to the Board or their respective designees are hereby authorized, empowered and directed, individually and collectively, to do any and all other acts and to execute any and all other documents, which they, in their discretion, deem necessary and appropriate in order to consummate the transactions contemplated by the Instruments or as they deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 6. Authorization to Seek Release of Certain Property. The Board hereby determines that it is in the best interests of the County to authorize the County Manager, the Finance Officer and the County Attorney, individually and collectively, to request from the Trustee and any other interested party under the Deed of Trust (and any other applicable deed of trust) the release from the lien of any such deed of trust the various rights of way and easements described in the Deed for Highway Right of Way attached as Exhibit A to this Resolution (the "Released Property"). The Released Property will be acquired by the North Carolina Department of Transportation in connection with certain roadway improvements that will benefit the property that remains subject to the Deed of Trust and any other applicable deed of trust. The County shall provide for payment of all expenses associated with the release of the Released Property. Section 7. Severability. If any section, phrase or provision of this Resolution is for any reason declared invalid, such declaration will not affect the validity of the remainder of the sections, phrases or provisions of this Resolution. Section 8. Repealer. All motions, orders, resolutions and parts thereof, in conflict herewith are hereby repealed. 3 PPAB 2749100v2 040615 HC BOC Page 84 Section 9. Effective Date. This Resolution will take effect immediately on its adoption. On motion of Commissioner seconded by Commissioner ________ ,, the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, APPROVING AN AMENDMENT TO AN INSTALLMENT PURCHASE CONTRACT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS" was duly adopted by the following vote: AYES: NAYS: 4 PPAB 2749100v2 040615 HC BOC Page 85 STATE OF NORTH CAROLINA COUNTY OF HARNETT ) ) ) ss: I, MARGARET REGINA WHEELER, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, APPROVING AN AMENDMENT TO AN INSTALLMENT PURCHASE CONTRACT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS" adopted by the Board of Commissioners of the County of Harnett, North Carolina at a regular meeting held on the 6th day of April, 2015. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the _ day of April, 2015. PPAB 2749100v2 MARGARET REGINA WHEELER Clerk to the Board County of Harnett, North Carolina 040615 HC BOC Page 86 Exhibit A Deed for Highway Right ofWay PPAB 2749100v2 040615 HC BOC Page 87 Parker Poe Draft-03/26/15 AMENDMENT NUMBER ONE TO THE INSTALLMENT PURCHASE CONTRACT THIS AMENDMENT NUMBER ONE TO THE INSTALLMENT PURCHASE CONTRACT dated as of April I, 20 I5 (this "First Amendment") by and between HARNETT COUNTY PUBLIC FACILITIES CORPORATION (the "Corporation''), a nonprofit corporation duly created, existing and in good standing under the laws of the State of North Carolina, and the COUNTY OF HARNETT, NORTH CAROLINA, a political subdivision validly existing under and by virtue of the Constitution, statutes and laws of the State of North Carolina (the "County"); WITNESSETH: WHEREAS, the Corporation and the County entered into an Installment Purchase Contract dated as of April I5, 2007 (the ''2007 Contract," and together with this First Amendment, the "Contract'') for the purposes outlined therein, which is being amended by this First Amendment; WHEREAS, the Corporation previously executed and delivered $48,265,000 Certificates of Participation, Series 2007 A, of which $38,860,000 is currently outstanding (the "2007 A Cert~ficates") under an Indenture of Trust dated as of April 15, 2007 (the "General Indenture"), as supplemented by Supplemental Indenture, Number I dated as of April I5, 2007 (the "First Supplement"), each between the Corporation and Regions Bank, as trustee (the "Trustee"); WHEREAS, under the Indenture, Additional Certificates may be executed and delivered in order to pay the costs of refunding all or any portion of the Certificates then Outstanding if the Contract is amended so as to modify the Installment Payments and Installment Purchase Price accordingly; WHEREAS, to refinance the County's Installment Payments corresponding to the 2007 A Certificates maturing on and after December 1, 2018 (the "Refunded Certificates''), the County wishes to amend the 2007 Contract as permitted under Section 9.04 of the General Indenture; NOW, THEREFORE, THIS AMENDMENT NUMBER ONE TO THE INSTALLMENT PURCHASE CONTRACT WITNESSETH: Section 1. Definitions. Capitalized, undefined terms used herein have the meaning assigned to them in the Contract, the Indenture and the Second Supplement. Section 2. Amendments to the 2007 Contract. (a) The definitions of the following words in the 2007 Contract are replaced with the following definitions: "Indenture'' means, collectively, the General Indenture, the First Supplement and the Second Supplement. "Installment Purchase Price'' means the amount of $[Purchase Price] advanced by the Corporation to enable the County to finance the Projects under the terms of this Contract, as such price may be adjusted in connection with the execution and delivery of Additional Certificates under Section 2.1I of the Indenture. PP AB 2749420v2 040615 HC BOC Page 88 (b) Article I ofthe 2007 Contract is amended to add the following defined terms: ''First Amendment" means Amendment Number One to the Installment Purchase Contract dated as of April 1, 2015 between the Corporation and the County and any amendments or supplements thereto, including the Payment Schedule attached hereto. "Second Supplement" means Supplemental Indenture, Number 2 dated as of April 1, 2015 between the Corporation and the Trustee and any amendments or supplements thereto. (c) following: Section 3.5 of the 2007 Contract is hereby deleted in its entirety and replaced with the Section 3.5. Prepayment of Installment Purchase Price. (a) If the County has performed all of its obligations under this Contract, it shall have the option to prepay or provide for the prepayment of the Installment Purchase Price corresponding to the 2007 A Certificates on any date on which the 2007 A Certificates may be optionally prepaid, in full or in part in an Authorized Denomination on 45 days' notice to the Trustee, at a prepayment price equal to the then applicable prepayment price of such 2007 A Certificates, plus accrued interest to the prepayment date. If the County has performed all of its obligations under this Contract, the County may prepay, in whole or in part, the principal component of the Installment Payments corresponding to the 2015 Certificate on the dates, at the Prepayment Price and on such notice as provided in Section 3.2 ofthe Second Supplement. (b) If all or any portion of the Projects is damaged, destroyed or taken in eminent domain as evidenced by a certificate of a County Representative delivered to the Trustee and the Net Proceeds are greater than or equal to $500,000, if the County determines not to apply any Net Proceeds and any other available moneys to the repair or replacement of the Projects, as permitted by Section 7.3(b), and the County has otherwise performed all of its obligations with respect to the Certificates, then to the extent permitted by the Supplemental Indenture applicable to such series of Certificates, the County shall prepay the Installment Purchase Price on any date selected by the County, in full or in part in an Authorized Denomination on 45 days' notice to the Trustee, at a prepayment price equal to 1 00% of the par amount of such Certificates to be prepaid plus accrued interest to the prepayment date, but without premium, by causing the Trustee to deposit such Net Proceeds and any other available moneys into the Prepayment Fund; provided, however, if the County uses other available money to prepay the Installment Purchase Price in whole or in part, then the amount of such available moneys may not exceed one-third of the amount of Net Proceeds so applied. (c) If a partial prepayment of the Installment Purchase Price occurs, the Trustee shall recalculate the Payment Schedule as necessary. (d) Each reference in Section 5. 7 and Section 7.3 of the 2007 Contract to "$1 00,000" is hereby replaced with a reference to "$500,000." PP AB 2749420v2 040615 HC BOC Page 89 (e) The form of requisition attached as Exhibit B to the 2007 Contract is hereby replaced by the form of requisition attached as Exhibit B hereto. Section 3. Funds. The Corporation will cause the proceeds of the 2015 Certificate to be deposited as set forth in Section 4.01 of the Second Supplement. Section 4. Payment Schedule. The Payment Schedule attached to the Contract is replaced by the Payment Schedule attached hereto, and after the date of this First Amendment, the County agrees to make all Installment Payments in the amounts and at the times shown in the Payment Schedule attached hereto. Section 5. Representations, Warranties and Covenants of the County and the Corporation. The County hereby represents and warrants that the representations, warranties and covenants in Section 8.1 and Section 8.2 of the Contract are true and correct as of the date of the execution and delivery of this First Amendment as if made on the date of the execution and delivery of this First Amendment. The Corporation hereby represents and warrants that the representations and warranties in Section 8.3 of the Contract are true and correct as of the date of the execution and delivery of this First Amendment as if made on the date of the execution and delivery of this First Amendment. Section 6. Arbitrage and Tax Covenants. The County covenants that it will not take or permit, or omit to take or cause to be taken, any action that would adversely affect the exclusion from gross income of the recipient thereof for federal income tax purposes of that portion of the interest components ofthe Installment Payments intended as of the date hereofto be excluded from gross income of the recipient thereof for federal income tax purpose and, if it should take or permit, or omit to take or cause to be taken, any such action, the County will take or cause to be taken all lawful actions within its power necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. The County acknowledges that the continued exclusion of that portion of the interest on the interest component of the Installment Payments from the Owner's gross income for federal income tax purposes intended as of the date hereof to be excluded from gross income of the recipient thereof for federal income tax purpose depends, in part, on compliance with the arbitrage limitations imposed by Section 148 of the Code. The County covenants that it will comply with all the requirements of Section 148 of the Code, including the rebate requirements, and that it will not permit at any time any of the proceeds of the 2015 Certificate or other funds under their control or under any fund created in the Indenture to be used, directly or indirectly, to acquire any asset or obligation, the acquisition of which would cause the 2015 Certificate to be an "arbitrage boncf' for purposes of Section 148 of the Code. The County covenants that it will comply and will direct the Trustee to comply with the investment instructions in the Arbitrage and Tax Regulatory Certificate. [Signatures Begin on Following Page] PP AB 2749420v2 040615 HC BOC Page 90 IN WITNESS WHEREOF, the Corporation and the County have caused this First Amendment to be executed in their respective names and their respective seals to be hereto affixed and attested by their duly authorized officials or officers, all as of the date first above written. [SEAL] Attest: Secretary PPAB 2749420v2 HARNETT COUNTY PUBLIC FACILITIES CORPORATION By: ____________________________ __ President [Signatures Continued on the Following Pages] 040615 HC BOC Page 91 [COUNTERPART SIGNATURE PAGE TO AMENDMENT NUMBER ONE TO THE lNST ALLMENT PURCHASE CONTRACT BETWEEN HARNETT COUNTY PUBLIC FACILITIES CORPORATION AND THE COUNTY OF HARNETT, NORTH CAROLINA] [SEAL] PP AB 2749420v2 COUNTY OF HARNETT, NORTH CAROLINA By: ____________________________ __ County Manager [Signatures Continued on the Following Pages] 040615 HC BOC Page 92 [COUNTERPART SIGNATURE PAGE TO AMENDMENT NUMBER ONE TO THE lNST ALLMENT PURCHASE CONTRACT BETWEEN HARNETT COUNTY PUBLIC FACILITIES CORPORATION AND THE COUNTY OF HARNETT, NORTH CAROLINA] Consented to and Accepted: REGIONS BANK, as Trustee By: ______________________ __ Vice President [Signatures Continued on the Following Page] PP AB 2749420v2 040615 HC BOC Page 93 [COUNTERPART SIGNATURE PAGE TO AMENDMENT NUMBER ONE TO THE INSTALLMENT PURCHASE CONTRACT BETWEEN HARNETT COUNTY PUBLIC FACILITIES CORPORATION AND THE COUNTY OF HARNETT, NORTH CAROLINA] THIS CONTRACT AMENDMENT HAS BEEN APPROVED UNDER THE PROVISIONS OF THE NORTH CAROLINA GENERAL STATUTES,§ 159-152. Secretary of the Local Government Commission PPAB 2749420v2 040615 HC BOC Page 94 PAYMENT SCHEDULE DATE PRINCIPAL COMPONENT INTEREST COMPONENT TOTAL PAYMENT TOTAL PP AB 2749420v2 040615 HC BOC Page 95 EXHffiiTB FORM OF REQUISITION ACQUISITION AND CONSTRUCTION FUND Regions Bank 10245 Centurion Parkway Jacksonville, FL 32256 Attention: Corporate Trust Services Re: Direction to Make Disbursements from 2015 Certificate Account of the Acquisition and Construction Fund Ladies and Gentlemen: Under Section 3.11 of the Indenture of Trust dated as of April15, 2007 (the "General Indenture") between Harnett County Public Facilities Corporation (the "Cmporation") and Regions Bank, as trustee (the "Trustee"), and Section 4.2 of the Installment Purchase Contract dated as of April 15, 2007 (as amended, the "Contract") between the Corporation and the County of Harnett, North Carolina (the "County"), you are hereby directed to disburse from the 2015 Certificate Account of the Acquisition and Construction Fund referred to in the General Indenture (the "Acquisition and Construction Fund'') the amount indicated below. The undersigned hereby certifies: 1. This is requisition number --~·from the 2015 Certificate Account of the Acquisition and Construction Fund. 2. The name and address of the person, firm or corporation to whom the disbursement is due is as follows: 3. The amount to be disbursed is $ __ _ 4. The purpose of the disbursement is to-------------- 5. The disbursement herein requested is for an obligation properly incurred, is a proper charge against the Acquisition and Construction Fund as a Cost of Issuance with respect to the 2015 Certificate and such obligation has not been the basis of any previous disbursement. Dated this __ day of _____ ,, 20 _ COUNTY OF HARNETT, NORTH CAROLINA By: ____________________________ _ County Representative B-1 PP AB 2749420v2 040615 HC BOC Page 96 Parker Poe Draft-03/26/15 HARNETT COUNTY PUBLIC FACILITIES CORPORATION and REGIONS BANK, as Trustee SUPPLEMENTAL INDENTURE, NUMBER 2 Dated as of April I, 2015 040615 HC BOC Page 97 TABLE OF CONTENTS ARTICLE I Definitions ................................................................................................................................. ! ARTICLE II The 2015 Certificate ................................................................................................................ 3 Section 2.1 Authorized Amount of2015 Certificate ................................................................. 3 Section 2.2 General Terms of2015 Certificate ......................................................................... 3 Section 2.3 Details of2015 Certificate; Payment ..................................................................... 3 Section 2.4 Arbitrage and Tax Covenants ................................................................................ .4 Section 2.5 Restriction on Transfer of2015 Certificate ............................................................ 4 ARTICLE III Prepayment of2015 Certificate .............................................................................................. 5 Section 3.1 Prepayment Dates and Prices ................................................................................. 5 Section 3.2 Notice ofPrepayment ............................................................................................. 5 Section 3.3 Prepayments ......................................................... Error! Bookmark not defined. Section 3.4 Delivery of a New 2015 Certificate On Partial Prepayment of the 2015 Certificate ............................................... Error! Bookmark not defined. ARTICLE IV Creation of Accounts; Application of2015 Certificate Proceeds; Amendment .................... 6 Section 4.1 Creation of Accounts .............................................................................................. 6 Section 4.2 Application of Proceeds ......................................................................................... 6 Section 4.3 Amendment to the General Indenture .................. Error! Bookmark not defined. ARTICLE V Miscellaneous .......................................................................................................................... 7 Section 5.1 Section 5.2 Section 5.3 Section 5.4 Section 5.5 Section 5.6 Parties Interested Herein ........................................................................................ 7 Titles, Headings, Captions, Etc .............................................................................. 7 Severability ............................................................................................................ 7 Governing Law ....................................................................................................... 7 Execution in Counterparts ...................................................................................... 7 Full Force and Effect .............................................................................................. 7 EXHffiiT A-FORM OF 2015 CERTIFICATE ....................................................................................... A-1 PP AB 2749182v2 040615 HC BOC Page 98 SUPPLEMENTAL INDENTURE, NUMBER 2 THIS SUPPLEMENTAL INDENTURE, NUMBER 2 dated as of Aprill, 2015 (together with any supplements and amendments hereto made in accordance herewith, this "Second Supplement"), is between HARNETT COUNTY PUBLIC FACILITIES CORPORATION (the "Cmporation"), a nonprofit corporation duly created and existing under the laws of the State of North Carolina, and REGIONS BANK, as trustee (the ''Trustee") under an Indenture of Trust dated as of April 15, 2007 (the "General Indenture'') between the Corporation and the Trustee. This Second Supplement supplements and amends the General Indenture. WITNESSETH: WHEREAS, the Corporation proposes (1) to execute and deliver a refunding certificate of participation (the "201 5 Certificate") under the General Indenture and this Second Supplement, and (2) to apply the proceeds of the 2015 Certificate (a) to refund the Refunded Certificates and (b) to pay the costs related to the execution and delivery of the 20 15 Certificate. NOW THEREFORE, in addition to the rights, titles and interests granted by the Corporation to the Trustee in the General Indenture, the Corporation, in consideration of the mutual covenants and agreements contained in the General Indenture and in this Second Supplement and for the benefit of the Owners, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, in order to further secure the payment of the principal, premium, if any, and interest with respect to all Certificates at any time outstanding under the Indenture (as defined herein), according to their tenor and effect, and to secure the performance and observance of all the covenants and conditions in the Certificates and contained in the Indenture, and to declare the terms and conditions on and subject to which the Certificates are executed and delivered and secured, has executed and delivered the Indenture and has granted, warranted, aliened, remised, released, conveyed, assigned, pledged, set over and confirmed, and by these presents does grant, warrant, alien, remise, release, convey, assign, sell, set over and confirm unto the Trustee, and to its successors and assigns forever, all rights, title and interest of the Corporation in an Installment Purchase Contract dated as of April 15, 2007 (the "2007 Contract"), as amended by Amendment Number One to the Installment Purchase Contract dated as of April 1, 2015 (the "First Amendment," and together with the 2007 Contract, the "Contract"), each between the County and the Corporation; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein it is agreed as follows: ARTICLE I DEFINITIONS Except as provided herein, all defined terms contained in the General Indenture and the 2007 Contract, as amended by the First Amendment, have the same meanings in this Second Supplement. In addition, the following words and terms, unless the context otherwise requires, have the following meanings: "Indenture" means, collectively, the General Indenture and this Second Supplement. "Interest Payment Date" means, with respect to the 2015 Certificate, June 1 and December 1, beginning December 1, 2015. PPAB 2749182v2 040615 HC BOC Page 99 "General Indenture" means the Indenture of Trust dated as of April 15, 2007 between the Corporation and Regions Bank, and any amendments and supplements thereto. "Prepayment Price" means, with respect to any portion of2015 Certificate called for prepayment, the principal amount with respect thereto plus the applicable premium, if any, payable on prepayment thereof plus accrued interest with respect thereto to the Prepayment Date. "Record Date'' means the 15th day of the month immediately preceding an Interest Payment Date. "Refunded Certificates" means the 2007 A Certificates maturing on and after December 1, 2018. "Second Supplement" means this Supplemental Indenture, Number 2 dated as of April I, 2015 between the Corporation and the Trustee and any amendments or supplements adopted in accordance with the terms of the General Indenture. "2007 A Certificates" means the Certificates of Participation, Series 2007 A, Evidencing Proportionate Undivided Interests in Rights to Receive Revenues pursuant to the 2007 Contract, executed and delivered under the General Indenture. "2015 Certificate" means the Refunding Certificate of Participation, Series 2015, evidencing a proportionate undivided interest in rights to receive Revenues pursuant to the Contract, to be executed and delivered under this Second Supplement and the Indenture. "2015 Certificate Account" means the account by that name created m the Acquisition and Construction Fund under Section 4.1 of this Second Supplement. [END OF ARTICLE I] PPAB 2749!82v2 2 040615 HC BOC Page 100 ARTICLE II THE 2015 CERTIFICATE Section 2.1 Authorized Amount of 2015 Certificate. No 2015 Certificate may be executed and delivered under the provisions of this Second Supplement and the General Indenture except in accordance with this Article. The total principal amount of 2015 Certificate that may be executed and delivered is hereby expressly limited to $[Amount], except as provided in Sections 2.08 and 2.11 ofthe General Indenture. Section 2.2 General Terms of 2015 Certificate. The 2015 Certificate will be designated a "Refunding Certificate of Participation, Series 2015, Evidencing a Proportionate and Undivided Interest in Rights to Receive Revenues pursuant to the Installment Purchase Contract between the Harnett County Public Facilities Corporation and the County of Harnett, North Carolina." The 2015 Certificate will be executed and delivered as a fully registered certificate in the principal amount thereof. The 2015 Certificate will be numbered R-1. The 2015 Certificate will be substantially in the form set forth in Exhibit A attached hereto with such appropriate variations, omissions and insertions as are permitted or required by this Second Supplement. Section 2.3 Details of2015 Certificate; Payment. (a) The 2015 Certificate will mature on December 1, 2027 and will bear interest at a rate of 2.52% (computed on the basis of a 360-day year of twelve 30-day months). (b) Both the principal and the interest with respect to the 2015 Certificate and any premiums on the prepayment thereof prior to maturity are payable in any lawful coin or currency of the United States of America which on the respective dates of payment thereof is legal tender for the payment of public and private debts. The 2015 Certificate shall bear interest until the principal sum with respect thereto has been paid, but if such 2015 Certificate has matured or has been called for prepayment and the prepayment date has occurred and funds are available for the payment thereof in full in accordance with the terms of the Indenture, such 2015 Certificate shall then cease to bear interest as of the maturity date or prepayment date. The 2015 Certificate will be dated the date of its initial delivery, except that any 2015 Certificate executed and delivered in exchange for or on the registration of transfer of the 2015 Certificate will be dated as of the Interest Payment Date preceding the day of authentication thereof, unless (1) the date of such authentication precedes the first Interest Payment Date, in which case it will be dated the date of its initial delivery, (2) it is authenticated after a Record Date and before the following Interest Payment Date, in which event interest with respect thereto shall be payable from such following Interest Payment Date or (3) the date of such authentication is an Interest Payment Date to which interest with respect to the 2015 Certificate has been paid in full or duly provided for in accordance with the terms of this Second Supplement and the General Indenture, in which case it will be dated as of such Interest Payment Date; except that if, as shown by the records of the Trustee, interest with respect to the 2015 Certificate is in default, the 2015 Certificate executed and delivered in exchange for or on registration of transfer of the 2015 Certificate will be dated as of the date to which interest with respect to the 2015 Certificate has been paid in full. If no interest has been paid on the 2015 Certificate, the 2015 Certificate executed and delivered in exchange for or on the registration of transfer of the 2015 Certificate will be dated the date of its initial delivery. (c) Except as otherwise provided herein, the 2015 Certificate is payable at the designated corporate trust office of the Trustee on presentation and surrender thereof. Interest with respect to the 2015 Certificate will be paid, except as otherwise provided herein, by the Trustee by check or draft mailed on the Interest Payment Date to the Owner as its name and address appear on the register kept by PPAB 2749182v2 3 040615 HC BOC Page 101 the Trustee. At the written request of the Owner of the 2015 Certificate, principal and interest may be payable by wire transfer at the address specified in writing by such Owner. Section 2.4 Arbitrage and Tax Covenants. The Corporation covenants that it will not take or permit, or omit to take or cause to be taken, any action that would adversely affect the exclusion from federal income taxation of the interest with respect to the 2015 Certificate and, if it should take or permit, or omit to take or cause to be taken, any such action, the Corporation will take or cause to be taken all lawful actions within its power necessary to rescind or correct such actions or omissions promptly on having knowledge thereof. The Corporation acknowledges that the continued exclusion of interest with respect to the 2015 Certificate from an Owner's gross income for federal income tax purposes depends, in part, on compliance with the arbitrage limitations imposed by Section 148 of the Code. The Corporation covenants that it will comply, or cause the County to comply, with all the requirements of Section 148 of the Code, including the rebate requirements, and that it will not permit at any time any of the proceeds of the 2015 Certificate or other funds under their control be used, directly or indirectly, to acquire any asset or obligation, the acquisition of which would cause the 2015 Certificate to be "arbitrage bonds" for purposes of Section 148 of the Code. Section 2.5 Restriction on Transfer of 2015 Certificate. The 2015 Certificate will be non- transferable, except to a bank, insurance company or similar financial institution or any other entity approved by the Local Government Commission of North Carolina. [END OF ARTICLE II] PPAB 2749!82v2 4 040615 HC BOC Page 102 ARTICLE III PREPAYMENT OF 2015 CERTIFICATE Section 3.1 Prepayment Dates and Prices. (a) If no Event of Default has occurred and is continuing, the 2015 Certificate may be prepaid before its maturity, at the option of the County, from any funds that may be available for such purpose, in whole or in part, on any Business Day at the Prepayment Price, including a premium calculated on the par amount of the 2015 Certificate to be prepaid, as follows: PERIOD On or before [May 1], 2020 After [May 1], 2020 to and including [May 1], 2025 After [May 1], 2025 PREPAYMENT PRICE 103% 102% 101% (b) The 2015 Certificate is subject to mandatory prepayment before maturity in part at the prepayment price of 1 00% of the principal amount to be prepaid, without premium, on each December 1 in the years and in the amounts as follows: *Maturity DATE 2015 2016 2017 2018 2019 2020 2021 PRINCIPAL AMOUNT DATE 2022 2023 2024 2025 2026 2027* PRINCIPAL AMOUNT Section 3.2 Notice of Prepayment. Notwithstanding anything in the first paragraph of Section 4.02 of the General Indenture, the Trustee shall provide notice of prepayment, identifying, if applicable, the portion of the 2015 Certificate to be prepaid, in writing not less than 30 days before the date fixed for prepayment by first-class mail, postage prepaid (1) to the then-registered Owner of the 2015 Certificate to be prepaid at its address appearing on the registration books maintained by the Trustee and (2) to the Local Government Commission. Such notice of prepayment shall otherwise comply with, and shall be subject to, the requirements set forth in Section 4.02 of the General Indenture; provided, however, the Trustee is not required to give notice of prepayment for any prepayment under Section 3.l(b). [END OF ARTICLE III] PPAB 2749!82v2 5 040615 HC BOC Page 103 ARTICLE IV CREATION OF ACCOUNTS; APPLICATION OF 2015 CERTIFICATE PROCEEDS Section 4.1 Creation of Accounts. An account within the Acquisition and Construction Fund is created and established with the Trustee to be designated the "2015 Certificate Account." Section4.2 Application of Proceeds. From the proceeds of the 2015 Certificate, the Corporation will cause $[Amount] to be deposited in the 2015 Certificate Account of the Acquisition and Construction Fund and, on receipt and without requisition therefor, the Trustee will transfer $[Escrow Deposit] to the Escrow Agent for deposit in the Escrow Fund created under the Escrow Agreement. The Trustee will apply remaining amounts on deposit in the 2015 Certificate Account of the Acquisition and Construction Fund to pay Costs of Issuance on the 2015 Certificate and the Trustee will apply any amounts remaining in the 2015 Certificate Account Acquisition and Construction Fund on November 15, 2015 to pay the interest component ofthe Installment Payments due on December 1, 2015. [END OF ARTICLE IV] PPAB 2749!82v2 6 040615 HC BOC Page 104 ARTICLEV MISCELLANEOUS Section 5.1 Parties Interested Herein. Nothing in this Second Supplement expressed or implied is intended or will be construed to confer on, or to give to any person other than the County, the Trustee, the Corporation and the Owners, any right, remedy or claim under or by reason of this Second Supplement or any covenant, condition or stipulation hereof and all the covenants, stipulations, promises and agreements in this Second Supplement contained by and on behalf of the Corporation or the Trustee will be for the sole and exclusive benefit of the County, the Trustee, the Corporation and the Owners. Section 5.2 Titles, Headings, Captions, Etc. The titles, captions and headings of the articles, sections and subdivisions of this Second Supplement have been inserted for convenience of reference only and will in no way modify or restrict any of the terms or provisions hereof. Section 5.3 Severability. If any provision of this Second Supplement is held invalid or unenforceable by any court of competent jurisdiction, such holding will not invalidate or render unenforceable any other provision hereof If any one or more of the provisions provided in this Second Supplement is construed to be invalid or unenforceable, the parties hereto shall, in the alternative, agree to replace such provision with a lawful provision which most nearly approximates the provision held to be invalid or unenforceable. Section 5.4 Governing Law. This Second Supplement is governed by and to be construed in accordance with the laws and constitution of the State. Section 5.5 Execution in Counterparts. This Second Supplement may be executed in several counterparts, each of which is an original and all of which constitute but one and the same instrument. Section 5.6 Full Force and Effect. Except as supplemented or amended by this Second Supplement, all provisions of the General Indenture, as amended, remain in full force and effect. [END OF ARTICLE V] PP AB 2749182v2 7 040615 HC BOC Page 105 IN WITNESS WHEREOF, the Corporation and the Trustee have caused this Second Supplement to be executed under seal in their respective names by their duly authorized officers, all as of the date first above written. (SEAL] PPAB 2749!82v2 HARNETT COUNTY PUBLIC FACILITIES CORPORATION By: President 8 040615 HC BOC Page 106 PP AB 2749182v2 [COUNTERPART SIGNATURE PAGE TO THE SECOND SUPPLEMENT] REGIONS BANK, as Trustee By: 9 Janet Ricardo Vice President 040615 HC BOC Page 107 EXHIBIT A FORM OF 2015 CERTIFICATE THIS CERTIFICATE, EXCEPT FOR PERMITTED TRANSFERS, IS NON-TRANSFERABLE R-1 UNITED STATES OF AMERICA STATE OF NORTH CAROLINA REFUNDING CERTIFICATE OF PARTICIPATION, SERIES 2015 Evidencing a Proportionate and Undivided $[Amount] Interest in Rights to Receive Revenues pursuant to the Installment Purchase Contract Between Harnett County Public Facilities Corporation and the County of Harnett, North Carolina INTEREST RATE MATURITY DATE DATED DATE 2.52% December 1, 2027 April15, 2015 REGISTERED OWNER: REGIONS CAPITAL ADVANTAGE, INC. PRINCIPAL SUM: [AMOUNT] DOLLARS THIS CERTIFIES THAT THE REGISTERED OWNER (named above), or registered assigns, has a proportionate and undivided interest in rights to receive Installment Payments, as described below, pursuant to a certain Installment Purchase Contract dated as of April I5, 2007 (the "2007 Contract''), as amended by Amendment Number One to the Installment Purchase Contract dated as of April I, 20I5 (the "First Amendment," and together with the 2007 Contract, the "Contract"), each between Harnett County Public Facilities Corporation (the "Corporation") and the County of Harnett, North Carolina, a North Carolina political subdivision (the "County"). The interest of the Owner in this Refunding Certificate of Participation, Series 20 I5 (this "2015 Certificate") is secured as provided in an Indenture of Trust dated as of April I5, 2007 (the "General Indenture"), as supplemented by Supplemental Indenture, Number 2 dated as of April I, 2015 (the "Second Supplement," and together with the General Indenture, the "Indenture"), each between the Corporation and Regions Bank, as trustee (the "Trustee"), for the registered owner of the 2015 Certificate and any other Certificates (as defined below) (collectively, the "Owners"), by which the rights (with certain exceptions) of the Corporation, under the Contract, have been assigned by the Corporation to the Trustee for the benefit of the Owners. Pursuant to the Contract and the Indenture, the Owner hereof is entitled to receive, solely out of and to the extent available from the sources hereinafter identified, on the Maturity Date stated above (or earlier as hereinafter provided), the Principal Sum stated above, and interest with respect thereto from the Dated Date (stated above) at the interest rate of per annum stated above, payable commencing on December 1, 2015, and semiannually thereafter on June 1 and December 1 of each year until payment in full of such principal sum. Principal with respect to this 2015 Certificate is payable in lawful money of the United States of America at the designated corporate trust office of the Trustee located in Jacksonville, Florida, or that of its successor; and interest with respect to this 2015 Certificate is payable to the Owner hereof by check or draft of the Trustee, or its successor, to be mailed to such Owner at his or her address as it last appears in the registration books kept by the Trustee. Notwithstanding the foregoing, at the written request of the PPAB 2749!82v2 A-1 040615 HC BOC Page 108 Owner of the 2015 Certificate, principal and interest may be payable by wire transfer at the address specified in writing by such Owner. AFTER EXECUTION AND DELIVERY OF THE 2015 CERTIFICATE, THE 2007A CERTIFICATES IN THE AGGREGATE AMOUNT OF $11,175,000 (THE "UNREFUNDED 2007A CERTIFICATES") WILL REMAIN OUTSTANDING UNDER THE INDENTURE. EACH CERTIFICATE EVIDENCES A PROPORTIONATE AND UNDIVIDED INTEREST IN THE RIGHT TO RECEIVE INSTALLMENT PAYMENTS UNDER THE CONTRACT. THE OBLIGATION OF THE COUNTY TO MAKE INSTALLMENT PAYMENTS AND ADDITIONAL PAYMENTS (AS HEREINAFTER DEFINED) IS A LIMITED OBLIGATION OF THE COUNTY, PAYABLE SOLELY FROM CURRENTLY BUDGETED APPROPRIATIONS OF THE COUNTY; DOES NOT CONSTITUTE A GENERAL OBLIGATION OR OTHER INDEBTEDNESS OF THE COUNTY WITHIN THE MEANING OF THE CONSTITUTION OF THE STATE OF NORTH CAROLINA; AND DOES NOT CONSTITUTE A DIRECT OR INDIRECT PLEDGE OF THE FAITH AND CREDIT OR TAXING POWER OF THE COUNTY WITHIN THE MEANING OF THE CONSTITUTION OF THE STATE OF NORTH CAROLINA. This 2015 Certificate is a refunding certificate of participation which evidences proportionate undivided interests in certain Revenues (as defined in the Contract) pursuant to the Contract, executed and delivered pursuant to the Indenture in the principal amount of $[Amount] for the purpose, among others, of providing funds to refund the Refunded Certificates (as defined in the Second Supplement). Under the Contract, the Corporation has agreed to advance to the County the Purchase Price (as defined in the Contract), and the County has agreed to pay directly to the Trustee semiannual payments (the "Installment Payments") in repayment of the Purchase Price, the proceeds of which are required by the Indenture to be distributed by the Trustee to the payment of the principal, premium, if any, and interest with respect to the Unrefunded 2007 A Certificates, the 2015 Certificate and any Additional Certificates (collectively, the "Certificates"). In addition to the Installment Payments, the County has agreed to make certain other payments (the "Additional Payments") sufficient to pay the fees and expenses of the Trustee and the Corporation and other expenses required to be paid by the County under the Contract. The County has covenanted in the Contract to pay the Installment Payments and the Additional Payments as they become due and, as security for that payment obligation, the County has executed and delivered the Deed of Trust and Security Agreement dated as of April 15, 2007 (the "Deed ofTrust") from the County to the deed of trust trustee named therein for the benefit of the Corporation with respect to the Premises (as defined in the Deed of Trust). If the Contract is terminated by reason of an Event of Default (as defined in the Contract), the principal amount of this 2015 Certificate and the interest with respect hereto will be payable from such money, if any, as may be available for such purpose, including any money received by the Trustee from the sale, lease, sublease or other disposition of the Premises, subject to the Deed of Trust. The Contract may also be terminated if the County exercises its option to prepay in full the Purchase Price. If the County prepays the Purchase Price in full, the proceeds thereof are required to be used to pay the principal, premium, if any, and interest with respect to the Certificates. Reference is hereby made to the Contract and the Indenture for a description of the rights, duties and obligations of the County, the Corporation, the Trustee and the Owners, the terms on which the Certificates are secured, the terms and conditions on which the Certificates will be deemed to be paid at or before maturity or prepayment of the Certificates on the making of provision for the full or partial payment thereof, and the rights of the Owners on the occurrence of an Event of Default. Each capitalized, undefined term used herein has the meaning given to such term in the Contract or the Indenture. If no Event of Default has occurred and is continuing, this 2015 Certificate may be prepaid before its maturity, at the option of the County, from any funds that may be available for such purpose, in whole or in part, on any Business Day at the Prepayment Price, including a premium calculated on the par amount of the 2015 Certificate to be prepaid, as follows: PPAB 2749182v2 A-2 040615 HC BOC Page 109 PERIOD On or before [May 1], 2020 After [May 1], 2020 to and including [May 1], 2025 After [May 1], 2025 PREPAYMENT PRICE 103% 102% 101% This 2015 Certificate is subject to mandatory prepayment before maturity in part at the prepayment price of 100% of the principal amount to be prepaid, without premium, on each December 1 in the years and in the amounts as follows: *Maturity. DATE 2015 2016 2017 2018 2019 2020 2021 PRINCIPAL AMOUNT DATE 2022 2023 2024 2025 2026 2027* PRINCIPAL AMOUNT This 2015 Certificate is non-transferable, except to a bank, insurance company or similar financing institution or any other entity approved by the North Carolina Local Government Commission. This 20 15 Certificate is transferable by the Owner hereof in person or by his or her attorney duly authorized in writing on the registration books kept at the designated corporate trust office of the Trustee on surrender of this 2015 Certificate together with a duly executed written instrument of transfer satisfactory to the Trustee. On such transfer, a new fully registered 2015 Certificate without coupons for the same principal amount will be executed and delivered to the transferee in exchange herefor, all on payment of the charges and subject to the terms and conditions set forth in the Indenture. The Trustee shall deem the person in whose name this 2015 Certificate is registered as the absolute owner hereof, whether or not this 2015 Certificate shall be overdue, for the purpose of receiving payment and for all other purposes, and neither the County nor the Trustee shall be affected by any notice to the contrary. Anything in the Indenture to the contrary notwithstanding, if an Event of Default occurs and is continuing, there will be no prepayment of less than all of the 2015 Certificate Outstanding. The Indenture permits amendments thereto and to the Contract and the Deed of Trust on the agreement of the Corporation and the Trustee and with the approval of the Owners of not less than a majority or, in certain instances, 100% in principal amount of the 2015 Certificate at the time Outstanding. The Indenture also contains provisions permitting the Corporation and the Trustee to enter into amendments to the Indenture, the Contract and the Deed of Trust without the consent of the Owners of the 2015 Certificate for certain purposes. Any consent or request by the Owner of this 2015 Certificate is conclusive and binding on such Owner and on any future Owner of this 2015 Certificate and of any certificate executed and delivered on the transfer of this 2015 Certificate, whether or not notation of such consent or request is made on this 2015 Certificate. PPAB 2749182v2 A-3 040615 HC BOC Page 110 This 2015 Certificate is executed and delivered with the intent that the laws of the State of North Carolina shall govern its legality, validity, enforceability and construction. This 2015 Certificate is not entitled to any right or benefit under the Indenture, or valid or obligatory for any purposes until this 2015 Certificate has been authenticated by the execution by the Trustee, or its successors as Trustee, of the certificate of authentication inscribed hereon. IN WITNESS WHEREOF, Harnett County Public Facilities Corporation has caused this 2015 Certificate to be executed with the manual or facsimile signature of its President and its corporate seal or a facsimile thereof to be impressed or imprinted hereon and attested with the manual or facsimile signature of its Secretary, all as of the Dated Date set forth above. [SEAL] ATTEST: Secretary PPAB 2749182v2 HARNETT COUNTY PUBLIC FACILITIES CORPORATION By: President A-4 040615 HC BOC Page 111 CERTIFICATE OF AUTHENTICATION This is the Refunding Certificate of Participation, Series 2015 evidencing a proportionate and undivided interest in revenues pursuant to the within-mentioned Contract and Indenture. Dated April15, 2015 PPAB 2749182v2 REGIONS BANK, as Trustee By: Janet Ricardo Vice President A-5 040615 HC BOC Page 112 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please print or typewrite Name and Address, including Zip Code, and Federal Taxpayer Identification or Social Security Number of Assignee) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints Attorney to register the transfer of the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. Dated: ____ _ Signature guaranteed by: NOTICE: Signature must be guaranteed by a Participant in the Securities Transfer Agent Medallion Program ("Stamp") or similar program. NOTICE: The signature to this assignment must correspond with the name as it appears on the face of the within Certificate in every particular, without alteration, enlargement or any change whatever. TRANSFER FEE MAY BE REQUIRED PPAB 2749182v2 A-6 040615 HC BOC Page 113 Parker Poe Draft-03/26/15 ESCROW AGREEMENT This ESCROW AGREEMENT (the "Agreement'') is dated as of April 1, 2015 between the COUNTY OF HARNETT, NORTH CAROLINA (the "County") and REGIONS BANK, as escrow agent (the "Escrow Agent"), being authorized to accept and execute trusts of the character herein set out under and by virtue of the laws of the State ofNorth Carolina. WITNESSETH: WHEREAS, the County has previously entered into an Installment Purchase Contract dated as of April 15, 2007 (the "2007 Contract") with the Harnett County Public Facilities Corporation (the "Corporation"), in order to pay the capital costs of the 2007 Projects (as defined in the 2007 Contract); WHEREAS, the Corporation previously executed and delivered $48,265,000 Certificates of Participation, Series 2007 A (the "2007 A Certificates"), of which $38,860,000 remains outstanding, pursuant to an Indenture of Trust dated as of April 15, 2007 (the "General Indenture") and Supplemental Indenture, Number 1 dated as of April 15, 2007 (the "First Supplement"), each between the Corporation and Regions Bank, as trustee (the "Trustee"); WHEREAS, in order to prepay its Installment Payment obligations under the 2007 Contract corresponding to the 2007 A Certificates maturing on and after December 1, 2018 (collectively, the "Refunded Cert~ficates"), the County has, pursuant to Section 160A-20 of the General Statutes of North Carolina, entered into Amendment Number One to the Installment Purchase Contract dated as of April 1, 2015 (the "First Amendment,'' and together with the 2007 Contract, the "Contract") between the County and the Corporation; WHEREAS, the Corporation has executed and delivered a Refunding Certificate of Participation, Series 2015 (the "2015 Certificate"), evidencing proportionate undivided interests in rights to receive certain Revenues (as defined below) under the Contract pursuant to the General Indenture and Supplemental Indenture, Number 2 dated as of April 1, 2015 (the "Second Supplement," and together with the General Indenture, the "Indenture") between the Corporation and the Trustee; WHEREAS, pursuant to the Indenture and the Contract and for the purpose of refinancing its Installment Payments corresponding to the Refunded Certificates, a portion of the proceeds of the 2015 Certificate will be deposited in the Escrow Fund established under this Agreement and applied to the purchase of Federal Securities, the proceeds of which are to be applied to the prepayment of the Refunded Certificates; and WHEREAS, this Agreement sets forth the understandings and agreements of the County and the Escrow Agent with respect to the Refunded Certificates and the Escrow Fund; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, and intending to be legally bound, the County and the Escrow Agent covenant and agree: 040615 HC BOC Page 114 ARTICLE I DEFINITIONS Except as provided herein, all defined terms contained in the General Indenture, the First Supplement and the 2007 Contract have the same meanings in this Agreement. In addition, the following words and terms, unless the context otherwise requires, have the following meanings: "Agreement'' means this Escrow Agreement dated as of April 1, 2015 between the County and the Escrow Agent. "Contract" means, collectively, the 2007 Contract and the First Amendment. "County" means the County of Harnett, North Carolina, or any successor to its functions. "Escrow Agent'' means Regions Bank, and its successors and assigns. "Escrow Fund" means the Escrow Fund created in Section 2.01 which is to be applied to the payment of Refunded Certificates as provided herein. "Federal Securities" means (a) direct obligations of the United States of America for the payment of which the full faith and credit of the United States of America are pledged (including any securities issued or held in the name of the Trustee in book entry form on the books of the Department of the Treasury of the United States of America) which obligations are held by the Trustee and are not subject to prepayment or purchase before maturity at the option of anyone other than the holder; (b) any bonds or other obligations of any state or territory of the United States of America or of any agency, instrumentality or local governmental unit of any such state or territory which are (i) not callable before maturity or (ii) as to which irrevocable instructions have been given to the trustee or escrow agent of such bonds or other obligations by the obligor to give due notice of prepayment and to call such bonds for prepayment on the date or dates specified, and which are rated by Moody's and S&P within its highest rating category and which are secured as to principal, prepayment premium, if any, and interest by a fund consisting only of cash or bonds or other obligations of the character described in clause (a) of this definition which fund may be applied only to the payment of such principal of and interest and prepayment premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified prepayment date or dates pursuant to such irrevocable instructions, as appropriate; or (c) evidences of ownership of proportionate interests in future interest and principal payments on specified obligations described in clause (a) or (b) held by a bank or trust company as custodian, under which the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor on the underlying obligations described in clause (a) or (b), and which underlying obligations are not available to satisfy any claim of the custodian or any person claiming through the custodian or to whom the custodian may be obligated. "First Amendment" means Amendment Number One to the Installment Purchase Contract dated as of April1, 2015 between the Corporation and the County. "Refunded Certificates" means the outstanding 2007 A Certificates maturing on and after December 1, 2018, to be defeased and prepaid with a portion of the proceeds of the 2015 Certificate. "State" means the State ofNorth Carolina. "Trustee" means Regions Bank, as trustee under the General Indenture. 2 PP AB 2749440v2 040615 HC BOC Page 115 "2007 A Certificates'' means the $48,265,000 Certificates of Participation, Series 2007 A, executed and delivered under the General Indenture, of which $38,860,000 is currently outstanding. "2007 Contract'' means the Installment Purchase Contract dated as of April 15, 2007 between the County and the Corporation. "2015 Certificate'' means the $[Amount] Refunding Certificate of Participation, Series 2015, executed and delivered under the General Indenture and the Second Supplement. ARTICLE II CREATION OF ESCROW FUND Section 2.01 Escrow Fund. There is hereby created and established with the Escrow Agent a special and irrevocable escrow fund designated the Escrow Fund, to be held in the custody of the Escrow Agent separate and apart from other funds and accounts of the County or the Escrow Agent. Section 2.02 Initial Deposit. Concurrently with the execution of this Agreement, the County has caused to be deposited with the Escrow Agent, and the Escrow Agent acknowledges receipt of $[Certificate Proceeds] from the proceeds of the 2015 Certificate and $[Interest] from other available funds of the County. Concurrently with the receipt of such funds, the Escrow Agent shall deposit $[Escrow Deposit] in the Escrow Fund. Amounts deposited in the Escrow Fund will be simultaneously applied to the purchase of the Federal Securities described in Schedule II hereto ("Schedule IF'), except to the extent of balances designated in Schedule II to be uninvested. The Federal Securities shall mature in principal amounts and pay interest in such amounts so that sufficient moneys will be available to pay (1) (a) the maturing interest with respect to the Refunded Certificates until December 1, 2017 and (b) 100% of the principal of the Refunded Certificates, on December 1, 201 7, at which time the outstanding principal and interest with respect to the Refunded Certificates will be paid in full. On the basis of a verification report provided by a verification agent as of the date of closing on the 2015 Certificate, the County hereby finds and determines that the investments described in Schedule II are advantageous in yield and maturity date to provide sufficient moneys to prepay the Refunded Certificates and to comply with United States Department of the Treasury regulations adopted or applicable pursuant to the Internal Revenue Code of 1986, as amended. Section 2.03 Irrevocable Deposit; Control. The deposit in the Escrow Fund of a portion of the proceeds of the 2015 Certificate shall constitute an irrevocable deposit of such monies exclusively for the benefit of the Refunded Certificates, and such money and Federal Securities, together with any income or interest earned thereon, shall be held in trust and shall be applied solely to the payment of the principal of and interest on the Refunded Certificates as the same mature and become due on prepayment, as applicable, as set forth in Schedule I hereto ("Schedule F'). Subject to the requirements set forth herein for the use of the Escrow Fund and the moneys and investments therein, including, without limitation, Section 3.02, the County covenants and agrees that the Escrow Agent shall have full and complete control and authority over and with respect to the Escrow Fund and money and investments therein and that the County shall not exercise any control or authority over and with respect to the Escrow Fund and the money and investments therein. The County irrevocably directs the Trustee to call the Refunded Certificates for prepayment on December 1, 201 7. 3 PP AB 2749440v2 040615 HC BOC Page 116 ARTICLE III DUTIES OF THE ESCROW AGENT; FEES AND COSTS Section 3.01 Payments on Refunded Certificates. The Escrow Agent, without further authorization and direction from the County, shall pay to the Trustee, from moneys available in the Escrow Fund, on the date on which each payment of principal and interest falls due, money sufficient to pay the principal and interest falling due with respect to the Refunded Certificates as set forth in Schedule I hereto. Payments with respect to the Refunded Certificates are to be made from the maturing principal of and interest on the Federal Securities or other money in the Refunded Certificates Account of the Escrow Fund securing the Refunded Certificates and shall be made to the persons entitled thereto. Section 3.02 Investment of Escrow Fund. The Escrow Agent shall, upon written direction delivered to it from or on behalf of the County, purchase or cause to be purchased those Federal Securities listed in Schedule II solely from the money deposited by the County in the Escrow Fund. The Escrow Agent shall apply the money deposited in each account of the Escrow Fund and the Federal Securities, together with any income or interest earned thereon, in accordance with this Agreement. The Escrow Agent has no power or duty to invest any money held hereunder or to make substitutions of the Federal Securities held hereunder or to sell, transfer or otherwise dispose of the Federal Securities acquired hereunder except as otherwise provided herein. The Escrow Agent may, on the written request of the County, sell or redeem all or a portion of the Federal Securities held for the credit of the Escrow Fund and reinvest the required proceeds of such sale or redemption, in Federal Securities designated in such request of the County, but only on receipt by the Escrow Agent of: (a) a certificate of an independent certified public accountant stating that after giving effect to such request the Federal Securities held for the credit of such account are of such maturities and interest payment dates and bear such interest as will, without further investment or reinvestment of either the principal amount thereof or the interest earnings thereon, be sufficient together with all cash and other immediately available invested funds held for the credit of such account to pay the principal of, and interest with respect to the Refunded Certificates when due and as described in this Agreement; and (b) an opinion of counsel acceptable to the County and the Escrow Agent, which must be nationally recognized bond counsel, stating that the Refunded Certificates are deemed defeased and that the compliance with such request of the County will not adversely affect the exclusion from gross income for federal income tax purposes of the interest with respect to the Refunded Certificates. The liability of the Escrow Agent for the payment of the principal and interest with respect to the Refunded Certificates pursuant to this Section is limited to the cash available for such purposes in the Escrow Fund. The County shall not direct the Escrow Agent to exercise any of its powers to cause any part of the money or funds at any time in the Escrow Fund to be used directly or indirectly to acquire any obligations which would cause any Refunded Certificate to be an "arbitrage bond" within the meaning of Section 148 ofthe Internal Revenue Code of 1986, as amended. Section 3.03 Escrow Agent's Fees. The Escrow Agent's fees for and in carrying out the provisions of this Agreement have been fixed, which fees are to be paid by the County as they are due from funds of the County and not from funds in the Escrow Fund. The County will bear all costs of publication and mailing of notices required by this Agreement or the General Indenture and the First Supplement. The Escrow Agent is not liable for any loss resulting from any investment made at the direction of the County pursuant to the terms and provisions of this Agreement or any loss resulting from the liquidation of any investments prior to such investment's maturity date for the purpose of making required payments under this Agreement. In addition to fixed fees, the County will also pay out of pocket 4 PPAB 2749440v2 040615 HC BOC Page 117 expenses, including reasonable attorney's fees. Section 4.11 herein applies to the payment of expenses as described in this Section but not to the payment of fees, which are fixed. Section 3.04 Escrow Agent Generally. (a) The Escrow Agent has no responsibility to the County or any person in connection herewith except as specifically provided herein and is not responsible for anything done or omitted to be done by it, except for its own negligence or default in the performance of any obligation imposed on it hereunder. (b) Subject to the exception in paragraph (a) as to its own negligence or default in the performance of any obligation imposed on it hereunder, the Escrow Agent has no responsibility for verifying the genuineness, correctness, or competence of any document, instrument or writing, and shall not be charged with knowledge or notice of any fact or circumstance not specifically set forth herein. (c) The Escrow Agent may act on any written notice, request, waiver, consent, certificate, receipt, authorization, power of attorney, or other instrument or document from the County's Finance Director which the Escrow Agent reasonably and in good faith believes to be genuine and to be what it purports to be. (d) The Escrow Agent has no duty to determine or inquire into the happening or occurrence of any event or contingency or the performance or failure of performance of the County with respect to arrangements or contracts with others. The Escrow Agent may request from the County or any person such reasonable evidence as the Escrow Agent in its discretion deems necessary to determine any fact relating to the occurrence of any event or contingency and in this connection may inquire and consult with the County, among others, at any time. The County shall provide such evidence to the Escrow Agent and the Escrow Agent is entitled to rely thereon. (e) The Escrow Agent shall have no implied duties or obligations and shall not be charged with knowledge or notice of any fact or circumstance not specifically set forth herein. (f) The Escrow Agent has no liability for following any instructions given by the County or in this Agreement or set forth in any court or administrative order. (g) The Escrow Agent may resign and thereby become discharged from the trusts hereby created by notice in writing given to the County not less than 30 days before such resignation is to take effect. The Escrow Agent agrees to serve as Escrow Agent until a successor is appointed. Such resignation is effective immediately, however, on the appointment of a successor Escrow Agent if such successor Escrow Agent is appointed before the expiration of said notice period. If such appointment of a successor Escrow Agent is not made within 30 days after the date that such resignation was to take effect as provided in the notice thereof given to the County, then the Escrow Agent may apply to a court of competent jurisdiction to appoint a successor Escrow Agent and give notice thereof to the County and not object to the County's intervention therein. The Escrow Agent may be replaced by the County and thereby become discharged from the trusts hereby created by notice in writing given from the County to the Escrow Agent not less than 30 days before such replacement is to take effect. The Escrow Agent agrees to serve as Escrow Agent until a successor is appointed. Such replacement is effective immediately, however, on the appointment of a successor Escrow Agent if such successor Escrow Agent is appointed before the expiration of said notice period. (h) If a disagreement or dispute arises under this Agreement, or if adverse claims or demands are made in connection with this Agreement or any property involved herein or affected hereby, the 5 PPAB 2749440v2 040615 HC BOC Page 118 Escrow Agent may petition a court of competent jurisdiction, within the limitations set forth in Section 4.07, to resolve the disagreement or dispute or adverse claims or demands and must, at the time of filing such petition, give notice thereof to the County. In connection therewith, the Escrow Agent may (but is not required to) tender into the custody of the court all money or property in its hands under the terms of this Agreement, and then be discharged from all further duties under this Agreement. The filing of any such legal proceeding does not deprive Escrow Agent of its compensation earned before such filing. Section 3.05 Notices to Refunded Certificate Owners. The Escrow Agent shall give notice to the owners from time to time of the Refunded Certificates in accordance with the instructions received from the County from time to time in connection with this Agreement. The Escrow Agent will cause a notice of prepayment, substantially in the form attached to this Agreement as Exhibit A, to be mailed to the parties and in the manner set forth on Exhibit A. In addition, the Escrow Agent will cause a notice of defeasance, substantially in the form attached to this Agreement as Exhibit B, to be mailed to the parties and in the manner set forth on Exhibit B. ARTICLE IV GENERAL PROVISIONS Section 4.01 Escrow Fund Irrevocable. The Escrow Fund hereby created is irrevocable and the owners of the Refunded Certificates are hereby granted an express lien on the corresponding account of the Escrow Fund until applied in accordance with this Agreement. The Escrow Agent shall hold the Escrow Fund as a separate trust fund wholly segregated from all other funds and accounts held in any capacity and shall make disbursements from such accounts only in accordance with the provisions of this Agreement. The principal of and interest on the Federal Securities shall not be reinvested except as provided in Section 3.02, and the Escrow Agent shall not sell or dispose of such securities except as provided in Section 3.02. Under no circumstances shall the Escrow Agent have a lien on the Escrow Fund for its charges, fees and expenses and under no circumstances shall the Escrow Agent make any claim against the Escrow Fund for such charges, fees and expenses. Section 4.02 Report. The Escrow Agent shall deliver to the County on or before the fifth business day of each month a report of each transaction relating to the Escrow Fund through the last business day of the preceding month. Section 4.03 Refunded Certificate Owner Rights. The Escrow Agent and the County agree that the owners of the Refunded Certificates have a beneficial and vested interest in the corresponding account of the Escrow Fund as herein provided. It is therefore recited, understood and agreed that, until the provisions hereof have been fully carried out, this Agreement (a) may be amended only to cure ambiguity or correct manifest error without the prior written consent of all of the owners of the Refunded Certificates and (b) is not subject to amendment for any other reason or revocation except with the prior written consent of all of the owners of the Refunded Certificates. Section 4.04 Deficiency. If there is any deficiency in the Escrow Fund, the County will remedy such deficiency by paying to the Escrow Agent the amount of such deficiency. The Escrow Agent is not liable for any such deficiency, except as may be caused by its negligence or misconduct or default in the performance of any obligation imposed on it hereunder. 6 PPAB 2749440v2 040615 HC BOC Page 119 Section 4.05 Termination. This Agreement terminates when all payments of the principal and interest with respect to the Refunded Certificates required to be made to the owners of the Refunded Certificates under the provisions of the General Indenture and the First Supplement have been made. Section 4.06 Severability. If any one or more of the covenants or agreements provided in this Agreement on the part of the parties hereto to be performed are determined by a court of competent jurisdiction to be contrary to law, (a) such covenant or agreement is to be deemed and construed to be severable from the remaining covenants and agreements herein contained and in no way affect the validity of the remaining provisions of this Agreement, (b) the County shall provide notice thereof to Moody's Investors Service at 7 World Trade Center at 250 Greenwich Street, New York, New York 10007, Attn: Public Finance Rating Desk/Refunded Certificates; to Standard & Poor's Ratings Services, a Standard & Poor's Financial Services LLC business, at 55 Water Street, New York, New York 10041; and to Fitch Ratings, at One State Street Plaza, 3PFloor, New York, New York, 10004. Section 4.07 Law. This Agreement is governed exclusively by the laws of the State. It inures to and is binding on the parties hereto and their respective successors and assigns. This Agreement is deemed made in Harnett County, North Carolina. The exclusive forum and venue for all actions arising out of this Agreement is the North Carolina General Court of Justice, in Harnett County. Such actions shall neither be commenced nor removed to federal court. This Section shall not apply to subsequent actions to enforce a judgment entered in actions heard pursuant to this Section. Section 4.08 Counterparts. This Agreement may be executed in several counterparts, all or any of which are regarded for all purposes as one original and constitute one and the same instrument. Section 4.09 Notices. Any notice or other communication to be given under this Agreement shall be in writing and may be given by certified mail (postage prepaid, return receipt requested), telegraph or personal delivery, if to the County, County of Harnett, North Carolina, 1 02 E. Front Street, Lillington, North Carolina 27546, Attention: Finance Officer; and if to the Escrow Agent, to Regions Bank, 10245 Centurion Parkway, Jacksonville, FL 32256, Attention: Corporate Trust Department. Section 4.10 Covenants of County or Corporation not Covenants of Officials Individually. No covenant, stipulation, obligation or agreement contained herein shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future member, director, agent, officer or employee of the County or the Local Government Commission of North Carolina in his or her individual capacity, and neither the members of the Board of Commissioners of the County, the members of the Local Government Commission of North Carolina nor any other member, director, agent, officer or employee of the County or the Local Government Commission of North Carolina is subject to any personal liability under this Agreement. Section 4.11 References to Fees and Expenses. Wherever this Agreement contains a reference to fees or expenses, such reference is deemed to include the word "reasonable" as an antecedent thereto. 7 PP AB 2749440v2 040615 HC BOC Page 120 IN WITNESS WHEREOF, the Escrow Agent and the County have caused this Agreement to be executed and attested by their duly authorized officers, as of the date first written above. REGIONS BANK, as Escrow Agent By: Vice President [SIGNATURES CONTINUED ON FOLLOWING PAGE] 8 PPAB 2749440v2 040615 HC BOC Page 121 (COUNTERPART SIGNATURE PAGE TO THE ESCROW AGREEMENT] COUNTY OF HARNETT, NORTH CAROLINA By: County Manager 9 PP AB 2749440v2 040615 HC BOC Page 122 SCHEDULE I PAYMENT SCHEDULE FOR REFUNDED CERTIFICATES DATE 06/1/2015 12/1/2015 06/1/2016 12/1/2016 06/112017 12/1/2017 PRINCIPAL COMPONENT INTEREST COMPONENT The Refunded Certificates are to be called on December 1, 2017 at the principal amount thereof without premium, plus accrued interest to the prepayment date. Sch I-1 PP AB 2749440v2 040615 HC BOC Page 123 SCHEDULE II FEDERAL SECURITIES-REFUNDED CERTIFICATES ACCOUNT TYPE OF SECURITY FIRST INTEREST MATURITYDATE PAYMENT PARAMOUNT An amount equal to $[Cash Deposit] has been deposited in the Escrow Fund on the Issue Date to establish the Initial Cash Balance in the Escrow Fund and shall be held uninvested as cash. PP AB 2749440v2 Sch II-1 INTEREST RATE 040615 HC BOC Page 124 EXHIBIT A NOTICE OF PREPAYMENT $48,265,000 Certificates of Participation, Series 2007 A Evidencing Proportionate Undivided Interests in Rights to Receive Ce1tain Revenues pursuant to an Installment Purchase Contract between Harnett Public Facilities Cmporation and the County of Harnett, North Carolina *CUSIP MATURITY RATE PRICE AMOUNT 413328 -December 1, 2018 5.00% 100.000 $2,770,000 413328 -December 1, 20 19 4.00 100.000 2,770,000 413328 -December 1, 2020 4.00 100.000 2,770,000 413328 -December 1, 2021 5.00 100.000 2,770,000 413328 -December 1, 2022 4.125 100.000 2,770,000 413328 -December 1, 2023 5.00 100.000 2,770,000 413328 -December 1, 2024 5.00 100.000 2,770,000 413328 -December 1, 2027 5.00 100.000 8,295,000 Notice is hereby given by the County of Harnett, North Carolina (the "County") of its intention to prepay on December 1, 2017 (the "Prepayment Date") the Certificates of Participation, Series 2007 A, evidencing proportionate undivided interests in rights to receive certain Revenues pursuant to an Installment Purchase Contract between Harnett County Public Facilities Corporation and the County maturing on and after December 1, 2018 (collectively, the "Refunded Certificates") at the prepayment price (the ''Prepayment Price") of 100% of the principal amount thereof without premium, plus accrued interest to the Prepayment Date. Since the Refunded Certificates are held under the book entry system, payment will be made directly to the registered holder. Federal Securities and uninvested cash sufficient to pay the Prepayment Price have been deposited with the Escrow Agent. Consequently, on the Prepayment Date, the Refunded Certificates will cease to bear interest. When presenting the Refunded Certificates for payment, holders of the Refunded Certificates should provide their tax identification number (via Form W-9) to avoid withholding of 28% of the principal paid as required by Federal Tax Law. Those holders who are required to provide their correct taxpayer identification number on IRS Form W -9 and who fail to do so may also be subject to an IRS penalty. Accordingly, please provide all appropriate certifications when presenting the Refunded Certificates for payment. COUNTY OF HARNETT, NORTH CAROLINA By: REGIONS BANK, as trustee for the Refunded Certificates Date: [Between October 2, 2017 and November 1, 20 17] To: DTC by electronic mail to redemptionnotification@dtcc.com. LGC and Assured Guaranty Municipal Corp. (formerly Financial Security Assurance Inc.), by U.S. Mail; and EMMA, by posting electronically, in PDF format, to www.MSRB.org/msrb1/control/default.asp. A-1 PP AB 2749440v2 040615 HC BOC Page 125 EXHIBITB NOTICE OF DEFEASANCE $48,265,000 Certificates of Pw1icipation, Series 2007A Evidencing Proportionate Undivided Interests in Rights to Receive Certain Revenues pursuant to an Installment Purchase Contract between Harnett Public Facilities Corporation and the County of Harnett, North Carolina *CUSIP MATURITY RATE PRICE AMOUNT 413328 December I, 20 18 5.00% 100.000 $2,770,000 413328 December I, 2019 4.00 100.000 2,770,000 413328 December I, 2020 4.00 100.000 2,770,000 413328 -December I, 2021 5.00 100.000 2,770,000 413328 -December I, 2022 4.125 100.000 2,770,000 413328 December I, 2023 5.00 100.000 2,770,000 413328 December I, 2024 5.00 100.000 2,770,000 413328 December I, 2027 5.00 100.000 8,295,000 NOTICE IS HEREBY GIVEN by the County of Harnett, North Carolina (the "County") that, pursuant to an Indenture of Trust dated as of April 15, 2007, as supplemented by Supplemental Indenture, Number 1 dated as of April 15, 2007 (collectively, the "Indenture"), each between Harnett Public Facilities Corporation (the "Corporation") and Regions Bank, as trustee (the "Trustee"), authorizing the execution and delivery of the Certificates of Participation, Series 2007A (the "2007A Certificates") evidencing proportionate undivided interests in rights to receive certain Revenues pursuant to an Installment Purchase Contract dated as of April 15, 2007 between the Corporation and the County, that there has been deposited with the undersigned certain Federal Securities, as permitted under the Indenture, the principal of and the interest on which when due, and without reinvestment thereof, are sufficient to pay (I) the maturing interest with respect to the 2007 A Certificates maturing on and after December I, 2018 (collectively, the ''Refunded Certificates") until December I, 2017 (the "Prepayment Date"), and (2) I 00% of the principal of the Refunded Certificates on the Prepayment Date, at which time the outstanding principal and interest with respect to the Refunded Certificates will be paid in full. The Trustee has received irrevocable written instructions from the County to prepay the Refunded Certificates on the Prepayment Date. Consequently, on the Prepayment Date, the Refunded Certificates will cease to bear interest. The Refunded Certificates are deemed to have been paid in accordance with Article VI of the General Indenture. COUNTY OF HARNETT, NORTH CAROLINA By: REGIONS BANK, as trustee for the 2007 A Certificates Date: [As soon as practicable after the execution and delivery of the Escrow Agreement) To: EMMA, by posting electronically, in PDF format, to www.MSRB.org/msrbl/control/default.asp. Assured Guaranty Municipal Corp. (formerly Financial Security Assurance Inc.), by US Mail B-1 PP AB 2749440v2 040615 HC BOC Page 126 Board Meeting Agenda Item Agenda I tern J.l ----"---==--- MEETING DATE: April 6, 2015 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Donation REQUESTED BY: Sheriff Larry Rollins REQUEST: To accept the donation of equipment to the Harnett County Sheriffs Office valued at $10,392 from the Naval Special Warfare Development Group. A list of equipment with serial numbers and values is attached. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: P:\BOC\agendaforrn2015.doc Page 1 of 1 040615 HC BOC Page 127 :;HIPPING CONTAINER TALLY 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 13 14 15 16 1 7 1 8 19 20 21 22 2 3 24 25 26 2 7 28 29 30 31 32 33 3 4 3 5 36 37 38 39 40 41 42 43 44 4 5 4 6 4 7 48 49 50 RE Q U I S I T I O N AN D IN V O I C E / S H I P P I N G DO C U M E N T OM B No 07 0 4 - 0 2 4 6 ,:; : : : : : : : : . ~ -~ - . OM B ap p r o v a l e x w e s Ap r 30 . 20 0 9 The public reportmg burden for !hrs collectron of rn f o r m a t r o n rs es h r r . a t e d to av e r a g e 1 ho t . J r pe ; - re s p o n s e . mc J u d m g tn e tr m e fo r re v r e w r n g on s t r u w o n s se a r c h t n g ex r s t ; n g na t a so u r c e s , ga t h e n n g an d ma r n t a i m n g tn e da t a ne e d e d . an d co m p l e l r n g an d re v r e w r n g th e collt!clron of rnfonnatro'l Send comments regard m g th r s cu r d e n es t r m a t e or an y ot h e r as p e c t of th r s ca ) ! e c u o n of rn f o r m a t r o n , rr c ! u d r r . g S1 1 g g e s t J o n s fo r re d u c r n g th e bu r d e n . to th e De p a r t m e n t o. f De f e n s e Ex e c u t ~ v e Se r v r c e s Di r e c t o r a t e (0 7 0 4 - 0 2 4 6 ) . 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AU T H O R I T Y OR PU R P O S E Harnett County Sheriff's Office . 4 . --· - - - · Si g n a t u r e 10 . S I G / r ~ ( __ / 11 a . VO U C H E R NU M B E R & DA T E (Y Y Y Y M M O D ) 175 Bain Street -. r . 15 0 3 0 3 - 0 0 I lllington. NC USA 27546 .. ' r .. .l n ) ( 3. SHIP TO ·MARK FOR 12 . OJ \ T E SH I P P E D (Y Y Y Y ~ D ) b. Josh Christensen ( I50303-00 I) PO # Va B d l l r 41 9I0-814-7082 13 . MO D E OF SH I P M E N T 14 . BI L L OF LA D I ~ J G NU M B E R Su l l t o t a ! · HC T a x Co u n t y Ta x _ _ _ _ THESE ITE\IIS ARE BEING TR A N S ! T l . O N E P I DO N A T E D . ' W TJ ; I E SH E R I F F ' S OF F I C E - ~ - - 15 . AI R MO V E M E N T DE S I G N A T O R OR PO R T RE F E R E N C E NO . ·~ ~~ ' ' 4. APPROPRIATIONS DATA AM O U N T l d( j , ~ ) J ' ' - a I 0. 3 9 2 . 0 0 ' ' ' . . .. : . - ' • .. . . . ~ ITEM FE·r~ERAL STOCK NU M B E R , DE S C R I P f i O N , AN D CO D I N G oY M A T E R I E L AN D / O R SE R V I C E S UN I T QU A N T I T Y SU P P L Y TY P E CO N · NO. 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TO T A L ;r . -DO FORM 1149, JUL 2006 51 52 5 3 54 55 56 5 7 SG 59 60 61 62 t• 3 64 65 66 67 68 6 9 70 71 7. 2 73 74 75 76 77 78 7 9 80 81 82 63 84 8 5 66 67 88 •3 9 90 91 92 9 3 9 4 9 5 9 6 97 98 9 9 ·1 0 0 PR E V I O U S ED I T I O N IS OB S O L E T E .: . . d o b e De s i g n e r il 0 04 0 6 1 5 H C B O C P a g e 1 2 8 Agenda I tern '/ • H Board Meeting Agenda Item MEETING DATE: April 6, 2015 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proclamation for County Day of Re gnftion for National Service: April 7, 2015 REQUESTED BY: John Rot~·, H alth Director REQUEST: I am requesting that the Harnett County Board of Commissioners issue a proclamation for Harnett County Division on Aging RSVP Volunteers serving across the county. County governments have a broad range of responsibilities to their residents, which matches The Corporation for National & Community Service's (CNCS's) mission to improve lives, strengthen communities and foster civic engagement. A coordinated day of recognition presents a unique opportunity to spotlight the key role that national service plays in helping counties solve problems. Participating in the day will highlight the impact of citizens service, show support for nonprofit and national service groups, and inspire more residents to serve in their communties. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: U:\my documents\1-Winword\BOC Mtg Request\ I-RSVP Proclamation Request 3-2015.doc I of2 Page 040615 HC BOC Page 129 Harnett COUNTY ·,~' -~"'--~',: 2015 National Service Recognition Day WHEREAS, service to others is a hallmark of the American character, and central to how we meet our challenges; and www.harnett.org WHEREAS, the nation's counties are increasingly turning to national service and volunteerism as a cost- effective strategy to meet county needs; and WHEREAS, AmeriCorps and Senor Corps participants address the most pressing challenges facing our communities, from educating students for the jobs of the 21st century and supporting veterans and military families to providing health services and helping communities recover from natural disasters; and WHEREAS, national service expands economic opportunity by creating more sustainable, resilient communities and providing education, career skills, and leadership abilities for those who serve; and WHEREAS, AmeriCorps and Senior Corps participants serve in more than 60,000 locations across the country, bolstering the civic, neighborhood, and faith-based organizations that are so vital to our economic and social well-being; and WHEREAS, national service participants increase the impact of the organizations they serve, both through their direct service and by managing millions of additional volunteers; and WHEREAS, national service represents a unique public-private partnership that invests in community solutions and leverages non-federal resources to strengthen community impact and increase the return on taxpayer dollars; and WHEREAS, national service participants demonstrate commitment, dedication, and patriotism by making an intensive commitment to service, a commitment that remains with them in their future endeavors; and WHEREAS, the Corporation for National and Community Service shares a priority with county executives nationwide to engage citizens, improve lives, and strengthen communities; and is joining with the National Association of Counties and county executives across the country for the County Day of Recognition for National Service on April 7, 2015. NOW THEREFORE, we, the Harnett County Board of Commissioners, do hereby proclaim April 7, 2015, as National Service Recognition Day, and encourage residents to recognize the positive impact of national service in our county; to thank those who serve; and to find ways to give back to their communities. Adopted this 6th day of April2015. HARNETT COUNTY BOARD OF COMMISSIONERS Jim Burgin, Chairman C. Gordon Springle, Vice Chairman Abe Elmore Barbara McKoy strong roots • new growth Joe Miller 040615 HC BOC Page 130 Board Meeting Agenda Item Agenda Item MEETING DATE: April 6, 2015 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Waive up to $56,000 of permitting fees associated with the construction of Campbell's Nursing and Health Science Facility REQUESTED BY: Joseph Jeffries, Interim County Manager REQUEST: Administration requests approval of Campbell University request to waive up to $56,000 of permitting fees associated with the construction of Campbell's Nursing and Health Science Facility. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: P:\BOC\agendaform20 l5.doc Page 1 ofl 040615 HC BOC Page 131 Gina Wheeler Subject: FW: Campbell Nursing School Fees From: Ken Slattum Sent: Wednesday, April 01, 2015 2:20 PM To: Gina Wheeler Cc: Mark Locklear Subject: RE: Campbell Nursing School Fees Gina, Total Mecha Electrical=$1,806,802-permit=$7944 Fire protection=$242,093-permit=$2915 Plan review and land Use=$250 Total fees to County=$55450 because drawings have not been This amounts to about 2/3's of a decent months income Inspections revenue. Ken Building Code Administrator 1 040615 HC BOC Page 132 TELEPHONE 910-892-8199 FACSIMILE 910-892-5487 via e-mail: gdaniel@harnett.org Margaret Regina Wheeler DWIGHT W. SNOW ATIORNEY AT LAW 302 W. EDGERTON STREET DUNN, NORTH CAROLINA 28334 March 17. 2015 MAILING ADDRESS P. 0. BOX 397 DUNN, NC 28335 E~mail: DwighlSoow@nc.rr.com Clerk to the Harnett County Board of Commissioners Gina: Re: Harnett Health System, Inc. Request for approval of nominees for Trustees to the Harnett Health System Board of Trustees Attached you will find a letter from David R. Weatherly, President of Harnett Health System, Inc. ("Harnett Health") requesting approval of recent nominees for three Harnett Health Board of Trustees positions for three year terms. The Articles of Incorporation and the Third Amended and Restated Bylaws of Harnett Health provide that previous County approved Harnett Health trustees whose three year terms are expiring are to be replaced by nominees nominated by the Harnett Health Board and approved by the Harnett County Board of Commissioners. The County Commissioners may reject any or all of the nominees that are submitted by the Harnett Health Board and require that Board to submit additional nominees. Please include these nominees for approval consideration by the Board of Commissioners at their next regular meeting scheduled for Monday, April6, 2015 at 9:00am. DWS:pna cc: Joseph Jeffries, Interim County Manager w~·~ Dwight W. Snow County Attorney 040615 HC BOC Page 134 f . . \\ ·w· ~--..0J":-~ ~ ' ' i ~ ...... '-"::::::::::;/ P.O. Box 1706 Dunn, NC 28335 (91 0) 892-1000 Harnett Health From the Office of the President and CEO February 18, 2015 Dwight W. Snow P.O. Box 397 Dunn, N.C. 28335 Dear Mr. Snow: This letter is to inform you that the Harnett Health System Board of Trustees made the following nominations at the January 26, 2015 board meeting to fill seats on the Harnett Health Systems Board of Trustees that will expire April1, 2015. Nominees to be approved by the Harnett County Board of Commissioners (These are County Commissioner Appointments): Heather Williams Nominated to serve an additional three year term; effective April!, 2015 through March 31, 2018 Barbara McKoy Nominated to serve an additional three year term; effective April!, 2015 through March 31, 2018 Teddy Byrd Nominated to serve an additional three year term; effective April!, 2015 through March 31, 2018 We appreciate your consideration for approval of the Board's nominees. Should you have any questions, please feel free to contact me. Sincerely, Q~l~ Daniel R. Weatherly, President Harnett Health System Betsy J)hr,_.on Hospilol (Dunn}· Centro! HornE>!! Hospital (Lidington) · Horn,qtt Heo1th Foundo!;~n Angier Mecfcai S.grvices · D\lnn lv'iedi;;al Serv:ces · Lillinr;'")fl MedicGI Services · Home"! OB;GYI'-l Prf'cnien; PBdiotn; .. Sense 1 Refub & \1'/ellness · Breost Care Cc•nrer-'vVm•nd Core Center 040615 HC BOC Page 135 Works for You! Serving Johnston, Harnett, Sampson and Wayne Counties 1100 East Preston Street Selma, NC 27576 Phone: 919.743.8700 Mr. Joseph Jeffries Interim County Manager Harnett County Government P.O. Box 759 Lillington, NC 27546 Dear Mr. Jeffries: 112 Richardson Street Selma, NC 27576 Phone: 919.965.6892 www.jcindustries.com 411 E. Jackson Blvd. Erwin, NC 28339 Phone: 910. 891.2710 I am writing to inform you that Johanna Barker will be unable to fulfill her one year appointment on the Harnett County Transportation Advisory Board as she no longer works in our Harnett County location and has not been actively involved in the board for approximately one year. I do however want to add that Valerie Gilchrist, Program Manager for all our Harnett County facilities and programs has been serving in this capacity since Ms. Barker's relocation. I was contacted by Barry Blevins in regards to JCI having someone on the board and he was given Valerie's name and she has actually been attending any meetings that were held in regards to the Transportation Advisory Board. Please advise us in regards to The Board of Commissioner's approval for her continued participation and if she can be appointed in place of Johanna Barker for this new term. Her address and contact information is Valerie Gilchrist, JCI-Harnett Location, 411 E. Jackson Street, Erwin, NC 28339 phone 910-891-2710 Thanks for your assistance in this matter. Should you have questions please contact me at 919-743-8709. I look forward to hearing from you. atricia Little Dir. ofVocational Programs JCI C.W. "Bill" Share President/CEO JCI 040615 HC BOC Page 136 ·Harnett COUNTY Office of the County Manager www.harnettorg Joseph Jeffries Interim County Manager Ms. Betty Lou Darroch I 066 Temple Road Bunnlevel, NC 28323 Dear Ms. Darroch: March 6, 2015 The Harnett County Board of Commissioners at its January 20, 2015, meeting reappointed you to a one year term on the Harnett County Transportation Advisory Board. Your term will expire December 31, 2015. On behalf of the Board of Commissioners, I would like to express its appreciation to you for your willingness to serve on this Board. If we can assist you in any way, please let us know. Sincerely, t:Jf7p._- Joseph Jeffries Interim County Manager JJ:gw cc: Terri Strickland PO Box 759 102 E. Front Street Lillington, NC 27546 ph: 910-893-7555 fax: 910·814-2662 auJ ~ -- Jo'lo tJ I A M t:.LE!r-('[ 3 &~Lf ~14. NNL..~\JE;l-&.-wl,.J /tD. ;tA1. P.f#.!loo-~ thrs tk~ fb $If ](6-P lA-tG'-o g '/ t=JbV'lr/, 1'/L :Z..35'$j 11 o-!3~7-zLJt.,o jofonit>~ Mt.-lettfl@.. Y~A-hoa.L-oll-'\ strong roots • new growth I I I 040615 HC BOC Page 137 Board Meeting Agenda Item MEETING DATE: April6, 2015 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Release and Conveyance of Private Rights ofWay along Ray Road from the South Central Water and Sewer District of Harnett County to NCDOT REQUESTED BY: Steve Ward, Director REQUEST: This is a formal request for the Board to authorize the release and conveyance of private rights of way along Ray Road in Harnett County currently owned by the South Central Water and Sewer District to NCDOT for a sum of$111,300. HCDPU acquired these private rights of way in or around 2010 to provide easement for the water line that was constructed to serve Fort Bragg. NCDOT, in conjunction with the widening of Ray Road, now wishes to acquire these rights of way to facilitate this construction. Attached is a copy of the release for your consideration. Please place this item on the consent agenda at the next available meeting. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: \\hcfilel \Puusers\sward1My Documents\NCDOT lssues\Ray Rd Rights of Way Release Agenda Request 3-24-IS.doc Page I of I 040615 HC BOC Page 138 RETURN TO: Division RNI/ Agent, NCDOT 225 Green Street, Suite 503 Fayetteville, NC 28301 STATE OF NORTH CAROLINA COUNTY OF _H---'A-'-R_N--'-E_T'-T _____ _ RELEASE TIP/PARCEL: U-3465 048A WBS ELEMENT: 39017.2.1 ---------'----------- THIS RELEASE, executed this day of , 2015 , by SOUTH CENTRAL WATER & SEWER DISTRICT OF HARNETT COUNTY, PO Box 759 Lillington, North Carolina 27546 WITNESSETH: THAT for and in consideration of the sum of $111,300.00 and other valuable considerations, receipt of which is hereby acknowledged, SOUTH CENTRAL WATER & SEWER DISTRICT OF HARNETT COUNTY does hereby release and convey to the DEPARTMENT OF TRANSPORTATION, an agency of the State of North Carolina, any right, title, estate, claim or interest which they have or may have by virtue of said Easements recorded in Deed Book 2654, Page 431 Deed Book 2702, Page 844, Deed Book 2702, Page 848, Deed Book 2690, Page 520, Deed Book 2688, Page 481, Deed Book 2654, Page 435, Deed Book 2663, Page 246, Deed Book 2695, Page 610, Deed Book 2376, Page 492, Deed Book 2907, Page 393 in the office of the Harnett County Register Of Deeds; in and to so much of the lands described in said Easements as are subject to that portion of said property as shown on Exhibit A. IN WITNESS WHEREOF, Grantor, pursuant to a resolution dated , has caused this instrument to be signed in its corporate name by the Chairman of the Harnett County Board of Commissioners, its corporate seal hereto affixed, and attested by its Clerk of the Harnett County Board of Commissioners, this the day and year first above written. 040615 HC BOC Page 139 BY: SOUTH CENTRAL WATER & SEWER DISTRICT OF HARNETT COUNTY James A. Burgin, Chairman Harnett County Board of Commissioners Corporate Seal ATTEST: 2 Margaret Regina Wheeler, Clerk Harnett County Board of Commissioners North Carolina, -------County I, , a Notary Public for ~--~~~----- County, North Carolina, do hereby certify that James A. Burgin personally appeared before me this day and acknowledged that she is Clerk of the Harnett County Board of Commissioners, and that by authority duly given, the foregoing instrument was signed in its name by James A. Burgin, Chairman of the Harnett County Board of Commissioners, sealed with its Corporate seal, and attested by Margaret Regina Wheeler, as its Clerk. Witness my hand and official seal this the day of ~-----------------,20 Notary Public My commission expires: 040615 HC BOC Page 140 EXHIBIT A U-3465 048 RIGHT OF WAY Right-Point of beginning being N 70°28'16.0" W, 47.263 feet from -L-Sta.131 +00; thence to a point on a bearing of S 57°40'13.4" W, 104.342 feet; thence to a point on a bearing of S 83°45'34.1" E, 113.062 feet; thence along a curve 82.627 feet and having a radius of 1450.000 feet. The chord of said curve being on a bearing of S 43°56'8.5" E, a distance of 82.616 feet; thence to a point on a bearing of N 26°50'2.9" E, 35.702 feet; thence to a point on a bearing of N 26°50'2.9" E, 8.417 feet; thence to a point on a bearing of N 48°59'41.6" W, 134.450 feet; returning to the point and place of beginning. Having an area of 7816.575 Sqr feet being 0.179 acres PERMANENT UTILITY EASEMENT Right -Point of beginning beingS 21°14'5.6" W, 56.101 feet from -L- Sta.131 +00; thence to a point on a bearing of N 83°45'34.1" W, 47.684 feet; thence to a point on a bearing of S 44°38'1. 7" E, 113.971 feet; thence to a point on a bearing of S 44°40'5.8" W, 23.000 feet; thence to a point on a bearing of S 42°05'2.8" E, 16.129 feet; thence to a point on a bearing of N 44°03'15.8" E, 22.214 feet; thence to a point on a bearing of N 26°50'2.9" E, 32.264 feet; thence along a curve 82.627 feet and having a radius of 1450.000 feet. The chord of said curve being on a bearing of N 43°56'8.5" W, a distance of 82.616 feet; returning to the point and place of beginning. Having an area of 3482.783 Sqr feet being 0.080 acres U-3465 048z PERMANENT UTILITY EASEMENT Right-Point of beginning beingS 45°30'38.9" W, 68.008 feet from -L- Sta 132+00; thence to a point on a bearing of N 47°03'37.3" W, 105.923 feet; thence to a point on a bearing of N 83°45'34.1" W, 10.324 feet; thence to a point on a bearing of S 44°38'1. 7" E, 113.971 feet; thence to a point on a bearing of N 44°40'5.8" E, 11.000 feet; returning to the point and place of beginning. Having an area of 953.546 Sqr feet being 0.022 acres U-3465 050 RIGHT OF WAY Right-Point of beginning beingS 44°17'17.3" E, 29.881 feet from -L-sta 133+00; thence to a point on a bearing of N 53°20'27.0" W, 137.076 feet; thence to a point on a bearing of S 26°50'2.9" W, 35.702 feet; thence along a curve 149.830 feet and having a radius of 1450.000 feet. The chord of said curve being on a bearing of S 48°31'42.2" E, a distance of 149.764 feet; thence to a point on a bearing of N 15°44'14.1" E, 51.112 feet; returning to the point and place of beginning. Having an area of 6052.019 Sqr feet being 0.139 acres DRAINAGE/UTILITY EASEMENT Right -Point of beginning beingS 05°08'56.3" W, 60.805 feet from -L- sta 133+00; thence to a point on a bearing of S 39°08'36.0" W, 20.000 feet; thence along a curve 24.600 feet and having a radius of 1470.000 feet. The chord of said curve being on a bearing of S 51°20'9.9" E, a distance of 24.600 feet; thence to a point on a bearing of N 15°44'14.1" E, 21.665 feet; thence along a curve 15.993 feet and having a radius of 1450.000 feet. The chord of said curve being on a bearing of N 51°10'21.5" W, a distance of 15.993 feet; returning to the point and place of beginning. Having an area of 405.961 Sqr feet being 0.009 acres PERMANENT UTILITY EASEMENT Right-Point of beginning beingS 05°08'56.3" W, 60.805 feet from -L- sta 133+00; thence along a curve 133.837 feet and having a radius of 1450.000 feet. The chord of said curve being on a bearing of N 48°12'44. 7" W, a distance of 133.790 feet; thence to a point on a bearing of s 26°50'2.9" W, 32.264 feet; thence to a point on a bearing of N 44°03'15.8" E, 12.786 feet; thence to a point on a bearing of S 47°29'30.1" E, 125.892 feet; thence to a point on a bearing of N 39°08'36.0" E, 3 040615 HC BOC Page 141 20.000 feet; returning to the point and place of beginning. Having an area of 2410.634 Sqr feet being 0.055 acres U-3465 050z PERMANENT UTILITY EASEMENT Right-Point of beginning beingS 13°22'16.3" W, 78.190 feet from -L- Sta 133+00; thence to a point on a bearing of N 47°29'30.1" W, 125.892 feet; thence to a point on a bearing of S 44°03'15.8" W, 11.000 feet; thence to a point on a bearing of S 48°55'55.2" E, 155. 193 feet; thence to a point on a bearing of N 15°44'14.1" E, 9. 794 feet; thence along a curve 24.600 feet and having a radius of 1470.000 feet. The chord of said curve being on a bearing of N 51°20'9.9" W, a distance of 24.600 feet; returning to the point and place of beginning. Having an area of 1409.123 Sqr feet being 0.032 acres U-3465 052 RIGHT OF WAY Right-Point of beginning beingS 35°27'0.7" E, 120.881 feet from -L-sta 135+00; thence to a point on a bearing of S 62°04'37.8" E, 141.254 feet; thence to a point on a bearing of N 16°19'23.0" E, 3.534 feet; thence to a point on a bearing of N 16°32'51.0" E, 11.660 feet; thence to a point on a bearing of N 53°53'32.5" W, 419.753 feet; thence to a point on a bearing of S 15°44'14.1" W, 51.112 feet; thence along a curve 267.968 feet and having a radius of 1450.000 feet. The chord of said curve being on a bearing of S 56°46'58.4" E, a distance of 267.587 feet; returning to the point and place of beginning. Having an area of 15902.809 Sqr feet being 0.365 acres DRAINAGE/UTILITY EASEMENT Right-Point of beginning beingS 19°34'29.0" E, 78.918 feet from -L-sta 135+00; thence to a point on a bearing of S 29°53'39.0" W, 40.000 feet; thence along a curve 36.355 feet and having a radius of 1490.000 feet. The chord of said curve being on a bearing of S 60°48'17.4" E, a distance of 36.354 feet; thence to a point on a bearing of S 28°29'46.2" W, 9.000 feet; thence to a point on a bearing of S 61°47'25.8" E, 15.000 feet; thence to a point on a bearing of N 27°55'22.2" E, 9.000 feet; thence to a point on a bearing of S 62°04'37.8" E, 149.464 feet; thence to a point on a bearing of N 16°19'23.0" E, 40.834 feet; thence to a point on a bearing of N 62°04'37.8" W, 141.254 feet; thence along a curve 49.889 feet and having a radius of 1450.000 feet. The chord of said curve being on a bearing of N 61°05'29.4" W, a distance of 49.887 feet; returning to the point and place of beginning. Having an area of 7971.860 Sqr feet being 0.183 acres PERMANENT UTILITY EASEMENT Right-Point of beginning beingS 19°34'29.0" E, 78.918 feet from -L- Sta.135+00; thence along a curve 176.071 feet and having a radius of 1450.000 feet. The chord of said curve being on a bearing of N 56°37'37.8" W, a distance of 175.963 feet; thence to a point on a bearing of S 36°51'5.4" W, 20.000 feet; thence along a curve 34.200 feet and having a radius of 1470.000 feet. The chord of said curve being on a bearing of N 52°28'55.2" W, a distance of 34.199 feet; thence to a point on a bearing of S 15°44'14.1" W, 9. 794 feet; thence to a point on a bearing of S 48°55'55.2" E, 30.752 feet; thence to a point on a bearing of S 36°51'5.4" W, 9.000 feet; thence to a point on a bearing of S 53°31'0.6" E, 19.157 feet; thence to a point on a bearing of N 36°06'53.4" E, 11.000 feet; thence to a point on a bearing of S 56°38'21.0" E, 160.556 feet; thence to a point on a bearing of N 29°53'39.0" E, 30.000 feet; returning to the point and place of beginning. Having an area of 5535.598 Sqr feet being 0.127 acres DRAINAGE/UTILITY EASEMENT Right-Point of beginning being N 79°27'9.3" W, 122.579 feet from -L- sta 135+00; thence along a curve 42.007 feet and having a radius of 1450.000 feet. The chord of said curve being on a bearing of N 52°19'6.8" W, a distance of 42.006 feet; thence to a point on a bearing of S 15°44'14.1" W, 21.665 feet; thence along a curve 34.200 feet and having a radius of 1470.000 feet. The chord of said curve being on a bearing of S 52°28'55.2" E, a distance of 34.199 feet; thence to a point on a 4 040615 HC BOC Page 142 bearing of N 36°51'5.4" E, 20.000 feet; returning to the point and place of beginning. Having an area of 762.039 Sqrfeet being 0.017 acres U-3465 052z PERMANENT UTILITY EASEMENT Right-Point of beginning beingS 10°11'2.5" E, 93.163 feet from -L- Sta 135+00; thence along a curve 159.600 feet and having a radius of 1470.000 feet. The chord of said curve being on a bearing of N 56°59'43.8" W, a distance of 159.522 feet; thence to a point on a bearing of S 36°06'53.4" W, 9.000 feet; thence to a point on a bearing of S 56°38'21.0" E, 160.556 feet; thence to a point on a bearing of N 29°53'39.0" E, 10.000 feet; returning to the point and place of beginning. Having an area of 1287.773 Sqr feet being 0.030 acres U-3465 055 RIGHT OF WAY Left-Point of beginning being N 54°49'35.7" W, 396.168 feet from -L-Sta.150+00; thence to a point on a bearing of N 20°49'12.6" W, 75.822 feet; thence to a point on a bearing of N 86°31'19.5" W, 120.826 feet; thence to a point on a bearing of N 62°04'37.8" W, 679.171 feet; thence to a point on a bearing of S 16°01'48.0" W, 15.899 feet; thence to a point on a bearing of S 54°41'50.0" E, 41.808 feet; thence along a curve 399.910 feet and having a radius of 3770.000 feet. The chord of said curve being on a bearing of S 58°56'7.5" E, a distance of 399.723 feet; thence to a point on a bearing of S 61°58'27.5" E, 1332.576 feet; thence along a curve 334.556 feet and having a radius of 57265.780 feet. The chord of said curve being on a bearing of S 62°08'30.0" E, a distance of 334.556 feet; thence to a point on a bearing of S 62°18'32.5" E, 226.000 feet; thence along a curve 150.123 feet and having a radius of 44103.677 feet. The chord of said curve being on a bearing of S 62°12'41.5" E, a distance of 150.123 feet; thence to a point on a bearing of S 62°06'50.4" E, 787.921 feet; thence to a point on a bearing of S 62°06'50.4" E, 123.167 feet; thence to a point on a bearing of S 62°06'50.4" E, 175.853 feet; thence to a point on a bearing of S 60°04'3.6" E, 16.918 feet; thence to a point on a bearing of N 03°03'29.0" E, 47.921 feet; thence to a point on a bearing of N 62°04'37.8" W, 2724.643 feet; returning to the point and place of beginning. Having an area of 156772.825 Sqr feet being 3.599 acres PERMANENT DRAINAGE EASEMENT Left-Point of beginning being N 40°16'32.7" W, 134.629 feet from -L-Sta.150+00; thence to a point on a bearing of S 62°04'37.8" E, 1299.996 feet; thence to a point on a bearing of N 27°55'22.2" E, 25.000 feet; thence to a point on a bearing of N 62°04'37.8" W, 374.996 feet; thence to a point on a bearing of N 27°55'22.2" E, 10.000 feet; thence to a point on a bearing of N 62°04'37.8" W, 925.000 feet; thence to a point on a bearing of S 27°55'22.2" W, 35.000 feet; returning to the point and place of beginning. Having an area of 41749.905 Sqr feet being 0.958 acres PERMANENT DRAINAGE EASEMENT Left-Point of beginning beingS 63°41'39.7" E, 1771.706 feet from -L-Sta.150+00; thence to a point on a bearing of S 62°04'37.8" E, 50.000 feet; thence to a point on a bearing of N 27°55'22.2" E, 60.000 feet; thence to a point on a bearing of N 62°04'37.8" W, 50.000 feet; thence to a point on a bearing of S 27°55'22.2" W, 60.000 feet; returning to the point and place of beginning. Having an area of 3000.000 Sqr feet being 0.069 acres PERMANENT UTILITY EASEMENT Left-Point of beginning being N 57°44'41.5" W, 661.891 feet from -L- Sta.150+00; thence to a point on a bearing of N 27°55'22.2" E, 25.000 feet; thence to a point on a bearing of N 26°32'22.2" W, 8.602 feet; thence to a point on a bearing of N 27°55'22.2" E, 35.000 feet; thence to a point on a bearing of N 62°04'37.8" W, 16.000 feet; thence to a point on a bearing of S 27°55'22.2" W, 35.000 feet; thence to a point on a bearing of S 82°23'6.5" W, 8.602 feet; thence to a point on a bearing of s 27°55'22.2" W, 25.000 feet; thence to a point on a bearing of S 62°04'37.8" E, 30.000 feet; returning to the point and place of beginning. Having an area of 1425.000 Sqr feet being 0.033 acres PERMANENT UTILITY EASEMENT Left-Point of beginning beingS 63°24'18.3" E, 2157.579 feet from -L- Sta.150+00; thence to a point on a bearing of S 62°04'37.8" E, 31.000 feet; thence to a point on a bearing 5 040615 HC BOC Page 143 of N 41°57'32.7 11 E, 8.246 feet; thence to a point on a bearing of N 01°07'54.4 11 W, 10.296 feet; thence to a point on a bearing of N 42°18'15.2 11 E, 40.262 feet; thence to a point on a bearing of N 47°08'44. 7 11 W, 15.524 feet; thence to a point on a bearing of S 41°57'32.7'' W, 41.231 feet; thence to a point on a bearing of S 88°52'5.6 11 W, 10.296 feet; thence to a point on a bearing of S 42°51'15.3 11 W, 15.524 feet; returning to the point and place of beginning. Having an area of 1147.000 Sqr feet being 0.026 acres TEMPORARY CONSTRUCTION EASEMENT Left-Point of beginning being N 57°55'57.2 11 W, 691.809 feet from -L-Sta.150+00; thence to a point on a bearing of N 2r55'22.2 11 E, 15.000 feet; thence to a point on a bearing of N 62°04'37.8 11 W, 260.000 feet; thence to a point on a bearing of N 56°21'59.7 11 W, 100.499 feet; thence to a point on a bearing of N 62°04'37.8 11 W, 194.319 feet; thence to a point on a bearing of S 16°57'31.011 W, 6. 775 feet; thence to a point on a bearing of S 16°01 '48.0 11 W, 18.751 feet; thence to a point on a bearing of S 62°04'37.8 11 E, 549.166 feet; returning to the point and place of beginning. Having an area of 10694.593 Sqr feet being 0.246 acres TEMPORARY CONSTRUCTION EASEMENT Left-Point of beginning being N 40°16'32.7 11 W, 134.629 feet from -L-Sta.150+00; thence to a point on a bearing of N 27°55'22.2 11 E, 35.000 feet; thence to a point on a bearing of N 71°10'2.8 11 W, 126.590 feet; thence to a point on a bearing of N 57°57'44.1 II W, 139.359 feet; thence to a point on a bearing of N 28°49'22.1 II W, 72.945 feet; thence to a point on a bearing of N 82°03'37.0 11 W, 117.047 feet; thence to a point on a bearing of N 62°04'37.811 W, 100.000 feet; thence to a point on a bearing of S 27°55'22.211 W, 25.000 feet; thence to a point on a bearing of S 62°04'37.8" E, 100.005 feet; thence to a point on a bearing of S 86°31'19.5 11 E, 120.826 feet; thence to a point on a bearing of S 20°49'12.6 11 E, 75.822 feet; thence to a point on a bearing of S 62°04'37.8 11 E, 268.000 feet; returning to the point and place of beginning. Having an area of 11925.122 Sqrfeet being 0.274 acres TEMPORARY CONSTRUCTION EASEMENT Left-Point of beginning beingS 63°38'59.9" E, 1821.686 feet from -L-Sta.150+00; thence to a point on a bearing of S 62°04'37.8" E, 336.000 feet; thence to a point on a bearing of N 42°51'15.3" E, 15.524 feet; thence to a point on a bearing of N 88°52'5.6" E, 10.296 feet; thence to a point on a bearing of N 41 °57'32. 7" E, 5.154 feet; thence to a point on a bearing of N 50°11'18.7'' W, 72.812 feet; thence to a point on a bearing of N 64°07'47.7" W, 279.179 feet; thence to a point on a bearing of S 2r55'22.211 W, 30.000 feet; returning to the point and place of beginning. Having an area of 11865.000 Sqr feet being 0.272 acres TEMPORARY CONSTRUCTION EASEMENT Left-Point of beginning beingS 63°50'0.7" E, 2186.027 feet from -L-Sta.150+00; thence to a point on a bearing of S 01 °07'54.4" E, 10.296 feet; thence to a point on a bearing of S 41°57'32. 7" W, 8.246 feet; thence to a point on a bearing of S 62°04'37.8" E, 143.643 feet; thence to a point on a bearing of N 03°03'29.0" E, 22.150 feet; thence to a point on a bearing of N 60°00'5.0" W, 135.367 feet; thence to a point on a bearing of S 42°18'15.2" W, 8.259 feet; returning to the point and place of beginning. Having an area of 3132.470 Sqr feet being 0.072 acres PERMANENT UTILITY EASEMENT Left-Point of beginning beingS 64°20'32.8" E, 1264.989 feet from -L- Sta.150+00; thence to a point on a bearing of S 62°04'37.8" E, 47.000 feet; thence to a point on a bearing of N 27°55'22.2" E, 25.000 feet; thence to a point on a bearing of N 62°04'37.8" W, 47.000 feet; thence to a point on a bearing of S 27°55'22.2" W, 25.000 feet; returning to the point and place of beginning. Having an area of 1175.000 Sqr feet being 0.027 acres TEMPORARY CONSTRUCTION EASEMENT Left-Point of beginning beingS 64°15'40.7'' E, 1311.953 feet from -L-Sta.150+00; thence to a point on a bearing of S 62°04'37 .8" E, 460.000 feet; thence to a point on a bearing of N 27°55'22.2 11 E, 30.000 feet; thence to a point on a bearing of N 62°41'59.7" W, 460.027 feet; thence to a point on a bearing of S 27°55'22.2" W, 25.000 feet; returning to the point and place of beginning. Having an area of 12650.000 Sqr feet being 0.290 acres TEMPORARY CONSTRUCTION EASEMENT Left-Point of beginning beingS 64°30'49.8" E, 1176.060 feet from -L-Sta.150+00; thence to a point on a bearing of S 62°04'37.8" E, 89.004 feet; thence to a point on a bearing of N 27°55'22.2" E, 25.000 feet; thence to a point on a bearing of N 62°04'37.8" W, 89.004 feet; thence to a point on a bearing of S 2r55'22.2" W, 25.000 feet; returning to the point and place of beginning. Having an area of 2225.094 Sqr feet being 0.051 acres 6 040615 HC BOC Page 144 U-3465 055 RIGHT OF WAY Right-Point of beginning being N 63°33'23.6" W, 1936.673 feet from -L-Sta.160+00; thence along a curve 316.004 feet and having a radius of 3830.000 feet. The chord of said curve being on a bearing of N 57°30'23.6" W, a distance of 315.915 feet; thence to a point on a bearing of S 42°22'33.0" W, 10.618 feet; thence to a point on a bearing of S 16°32'51.0" W, 11.660 feet; thence to a point on a bearing of S 16°19'23.0" W, 3.534 feet; thence to a point on a bearing of S 62°04'37.8" E, 314.550 feet; returning to the point and place of beginning. Having an area of 3308.259 Sqr feet being 0.076 acres RIGHT OF WAY Right-Point of beginning beingS 63°15'52.1" E, 2078.873 feet from -L-Sta.160+00; thence to a point on a bearing of S 77°56'51.0" E, 53.378 feet; thence along a curve 223.150 feet and having a radius of 1512.000 feet. The chord of said curve being on a bearing of S 89°15'15.5" E, a distance of 222.948 feet; thence to a point on a bearing of S 22°50'23.8" E, 95.550 feet; thence along a curve 103.559 feet and having a radius of 826.473 feet. The chord of said curve being on a bearing of S 29°56'15.0" W, a distance of 103.491 feet; thence to a point on a bearing of S 56°28'22.3" E, 25.000 feet; thence along a curve 73.277 feet and having a radius of 851.474 feet. The chord of said curve being on a bearing of N 31°03'42.2" E, a distance of 73.255 feet; thence to a point on a bearing of N 28°35'46.6" E, 94.393 feet; thence to a point on a bearing of N 29°42'33.1" E. 5.141 feet; thence to a point on a bearing of N 37°37'34.0" W, 65.211 feet; thence along a curve 327.831 feet and having a radius of 1465.000 feet. The chord of said curve being on a bearing of N 89°19'29.9" W, a distance of 327.147 feet; returning to the point and place of beginning. Having an area of 9845.283 Sqr feet being 0.226 acres TEMPORARY CONSTRUCTION EASEMENT Right-Point of beginning being N 65°12'1.4" W, 1299.430 feet from -L-Sta.160+00; thence to a point on a bearing of N 62°06'33.8" W, 360.500 feet; thence to a point on a bearing of N 66°13'25.9" W, 81.213 feet; thence to a point on a bearing of S 60°21'16.9" E, 104.047 feet; thence to a point on a bearing of S 62°04'37.8" E, 230.000 feet; thence to a point on a bearing of S 66°58'12.6" E, 107.893 feet; returning to the point and place of beginning. Having an area of 3114.932 Sqr feet being 0.072 acres PERMANENT UTILITY EASEMENT Right-Point of beginning being S 22°39'46.8" W. 54.542 feet from -L- Sta.160+00; thence to a point on a bearing of N 62°18'32.5" W, 132.936 feet; thence along a curve 334.907 feet and having a radius of 57325.780 feet. The chord of said curve being on a bearing of N 62°08'30.0" W, a distance of 334.906 feet; thence to a point on a bearing of N 61°58'27.5" W, 256.160 feet; thence to a point on a bearing of S 27°55'22.2" W, 15.733 feet; thence to a point on a bearing of S 61°59'52.9" E, 724.001 feet; thence to a point on a bearing of N 27°55'22.2" E. 17.188 feet; returning to the point and place of beginning. Having an area of 11572.792 Sqr feet being 0.266 acres PERMANENT UTILITY EASEMENT Right-Point of beginning beingS 17°32'40.4" E, 77.155 feet from -L- Sta.160+00; thence to a point on a bearing of S 27°55'22.2" W, 17.390 feet; thence to a point on a bearing of S 61°51'36.5" E, 132.001 feet; thence to a point on a bearing of S 41°26'50.3" E. 45.412 feet; thence to a point on a bearing of S 62°04'37.8" E, 40.000 feet; thence to a point on a bearing of S 85°30'21.1" E, 49.043 feet; thence to a point on a bearing of S 61°58'32.3" E, 451.501 feet; thence to a point on a bearing of N 27°55'22.2" E. 16.049 feet; thence to a point on a bearing of N 62°06'50.4" W, 518.018 feet; thence along a curve 149.919 feet and having a radius of 44043.677 feet. The chord of said curve being on a bearing of N 62°12'41.5" W, a distance of 149.919 feet; thence to a point on a bearing of N 62°18'32.5" W, 43.064 feet; returning to the point and place of beginning. Having an area of 12969.686 Sqr feet being 0.298 acres PERMANENT UTILITY EASEMENT Right-Point of beginning being S 58°20'44.4" E, 817.734 feet from -L- Sta.160+00; thence to a point on a bearing of S 27°55'22.2" W, 15.981 feet; thence to a point on a bearing of s 62°06'39.2" E, 216.073 feet; thence to a point on a bearing of N 41 °23'19.0" E, 16.44 7 feet; thence to a point on a bearing of N 62°06'50.4" W, 219.903 feet; returning to the point and place of beginning. Having an area of 3484.968 Sqr feet being 0.080 acres PERMANENT UTILITY EASEMENT Right-Point of beginning beingS 59°33'19.9" E, 1203.962 feet from- L-Sta.160+00; thence to a point on a bearing of S 27°46'19.5" W, 28.807 feet; thence to a point on a bearing of S 46°56'28.8" E, 123.410 feet; thence to a point on a bearing of S 62°49'51.8" E, 243.302 feet; 7 040615 HC BOC Page 145 thence to a point on a bearing of S 84°59'43.9" E, 32.834 feet; thence to a point on a bearing of S 66°33'27.0" E, 236.604 feet; thence to a point on a bearing of S 40°45'56.8" E, 64.136 feet; thence to a point on a bearing of S 75°29'0.8" E, 37.329 feet; thence to a point on a bearing of N 78°54'34.8" E, 81.216 feet; thence to a point on a bearing of S 81°00'22.1" E, 75.261 feet; thence to a point on a bearing of N 08°22'19.1" E, 52.220 feet; thence along a curve 495.484 feet and having a radius of 1465.000 feet. The chord of said curve being on a bearing of N 71°48'11.3" W, a distance of 493.126 feet; thence to a point on a bearing of N 62°06'50.4" W, 355.454 feet; returning to the point and place of beginning. Having an area of 47707.047 Sqrfeet being 1.095 acres DRAINAGE/UTILITY EASEMENT Right-Point of beginning being S 62°56'1.5" E, 2044.516 feet from -L- Sta.160+00; thence to a point on a bearing of S 08°22'19.1" W, 52.220 feet; thence to a point on a bearing of S 81 °09'17.5" E, 360.128 feet; thence to a point on a bearing of N 22°50'23.8" W, 95.550 feet; thence along a curve 223.150 feet and having a radius of 1512.000 feet. The chord of said curve being on a bearing of N 89°15'15.5" W, a distance of 222.948 feet; thence to a point on a bearing of N 77°56'51.0" W, 53.378 feet; thence along a curve 36.359 feet and having a radius of 1465.000 feet. The chord of said curve being on a bearing of N 82°12'11.8" W, a distance of 36.359 feet; returning to the point and place of beginning. Having an area of 20543.874 Sqr feet being 0.472 acres DRAINAGE/UTILITY EASEMENT Right-Point of beginning being S 58°39'38.1" E, 1157.808 feet from -L- Sta.160+00; thence to a point on a bearing of S 46°54'15.3" E, 45.848 feet; thence to a point on a bearing of S 46°56'28.8" E, 2.975 feet; thence to a point on a bearing of N 27°46'19.5" E, 28.807 feet; thence to a point on a bearing of N 62°06'50.4" W, 43.726 feet; thence to a point on a bearing of S 39°38'41. 7" W, 16.342 feet; returning to the point and place of beginning. Having an area of 1028.056 Sqr feet being 0.024 acres DRAINAGE/UTILITY EASEMENT Right-Point of beginning beingS 58°06'1. 7" E, 767.849 feet from -L- Sta.160+00; thence to a point on a bearing of S 27°55'22.2" W, 21.749 feet; thence to a point on a bearing of s 62°04'37.8" E, 50.000 feet; thence to a point on a bearing of N 27°55'22.2" E, 21.781 feet; thence to a point on a bearing of N 62°06'50.4" W, 50.000 feet; returning to the point and place of beginning. Having an area of 1088.250 Sqrfeet being 0.025 acres TEMPORARY CONSTRUCTION EASEMENT Right-Point of beginning beingS 57°13'47.5" E, 818.929 feet from -L-Sta.160+00; thence to a point on a bearing of S 27°55'22.2" W, 5.800 feet; thence to a point on a bearing of S 65°11'5.4" E, 108.159 feet; thence to a point on a bearing of N 62°06'39.2" W, 108.000 feet; returning to the point and place of beginning. Having an area of 313.200 Sqr feet being 0.007 acres TEMPORARY CONSTRUCTION EASEMENT Right-Point of beginning beingS 56°38'27.8" E, 730.787 feet from -L-Sta.160+00; thence to a point on a bearing of S 53°33'22.6" E, 38.930 feet; thence to a point on a bearing of N 27°55'22.2" E, 5.700 feet; thence to a point on a bearing of N 61°58'32.3" W, 38.500 feet; returning to the point and place of beginning. Having an area of 109.725 Sqr feet being 0.003 acres TEMPORARY CONSTRUCTION EASEMENT Right-Point of beginning beingS 09°38'44.8" E, 90.207 feet from -L-Sta.160+00; thence to a point on a bearing of S 27°55'22.2" W, 8.500 feet; thence to a point on a bearing of S 62°04'37.8" E, 45.000 feet; thence to a point on a bearing of S 73°21'9.0" E, 41.807 feet; thence to a point on a bearing of N 61°51'36.5" W, 86.001 feet; returning to the point and place of beginning. Having an area of 549.420 Sqr feet being 0.013 acres TEMPORARY CONSTRUCTION EASEMENT Right-Point of beginning being S 23°55'21.5" W, 71.675 feet from -L-Sta.160+00; thence to a point on a bearing of N 61°59'52.9" W, 724.001 feet; thence to a point on a bearing of S 27°55'22.2" W, 9.500 feet; thence to a point on a bearing of S 62°04'37.8" E, 724.000 feet; thence to a point on a bearing of N 27°55'22.2" E, 8.500 feet; returning to the point and place of beginning. Having an area of 6516.000 Sqr feet being 0.150 acres TEMPORARY CONSTRUCTION EASEMENT Right-Point of beginning being N 67°18'55.0" W, 772.225 feet from -L-Sta.160+00; thence to a point on a bearing of N 62°06'33.8" W, 243.500 feet; thence to a point on a bearing of S 53°33'25.6" E, 63.197 feet; thence to a point on a bearing of S 62°04'37.8" E, 181.000 8 040615 HC BOC Page 146 feet; thence to a point on a bearing of N 27°55'22.2" E, 9.500 feet; returning to the point and place of beginning. Having an area of 2003.981 Sqr feet being 0.046 acres DRAINAGE/UTILITY EASEMENT Right-Point of beginning being S 22°39'46.8" W, 54.542 feet from -L- Sta.160+00; thence to a point on a bearing of S 27°55'22.2" W, 25.688 feet; thence to a point on a bearing of S 62°04'37.8" E, 50.000 feet; thence to a point on a bearing of N 27°55'22.2" E, 25.890 feet; thence to a point on a bearing of N 62°18'32.5" W, 50.000 feet; returning to the point and place of beginning. Having an area of 1289.445 Sqr feet being 0.030 acres PERMANENT UTILITY EASEMENT Right-Point of beginning being N 66°08'39.1" W, 770.941 feet from - L-Sta.160+00; thence to a point on a bearing of N 61°58'27.5" W, 1026.416 feet; thence along a curve 140.650 feet and having a radius of 3830.000 feet. The chord of said curve being on a bearing of N 60°55'20.1" W, a distance of 140.642 feet; thence to a point on a bearing of N 62°04'37.8" W, 258.972 feet; thence to a point on a bearing of S 27°55'22.2" W, 40.000 feet; thence to a point on a bearing of S 62°04'37.8" E, 258.972 feet; thence to a point on a bearing of S 65°22'40.3" E, 78.157 feet; thence to a point on a bearing of S 66°13'25.9" E, 200.525 feet; thence to a point on a bearing of S 62°06'33.8" E, 889.000 feet; thence to a point on a bearing of N 27°55'22.2" E, 15.822 feet; returning to the point and place of beginning. Having an area of 33285.993 Sqr feet being 0. 764 acres DRAINAGE/UTILITY EASEMENT Right-Point of beginning being N 66°25'59.0" W, 721.083 feet from -L- Sta.160+00; thence to a point on a bearing of N 61°58'27.5" W, 50.000 feet; thence to a point on a bearing of s 2r55'22.2" W, 25.322 feet; thence to a point on a bearing of S 62°04'37.8" E, 50.000 feet; thence to a point on a bearing of N 27°55'22.2" E, 25.233 feet; returning to the point and place of beginning. Having an area of 1263.878 Sqr feet being 0.029 acres U-3465 060A RIGHT OF WAY Right-Point of beginning being S 39°57'7.9" E, 63.122 feet from -L-Sta.185+00; thence to a point on a bearing of S 28°35'46.6" W, 113.263 feet; thence to a point on a bearing of S 89°37'45.4" E, 13.977 feet; thence along a curve 22.466 feet and having a radius of 305.000 feet. The chord of said curve being on a bearing of N 1 0°13'35.5" E, a distance of 22.460 feet; thence to a point on a bearing of N 38°18'25.2" E, 106.973 feet; thence along a curve 30.760 feet and having a radius of 1465.000 feet. The chord of said curve being on a bearing of S 77°47'0.6" W, a distance of 30.759 feet; returning to the point and place of beginning. Having an area of 1498.580 Sqr feet being 0.034 acres PERMANENT UTILITY EASEMENT Right-Point of beginning beingS 59°19'20.8" E, 82.084 feet from -L- Sta.185+00; thence to a point on a bearing of S 38°18'25.2" W, 106.973 feet; thence along a curve 22.466 feet and having a radius of 305.000 feet. The chord of said curve being on a bearing of S 1 0°13'35.5" W, a distance of 22.460 feet; thence to a point on a bearing of S 89°37'45.4" E, 98.275 feet; thence to a point on a bearing of N 35°34'42.8" E, 101.722 feet; thence to a point on a bearing of N 00°03'23.6" E, 46.389 feet; thence to a point on a bearing of S 74°48'18.9" W, 16.177 feet; thence along a curve 73.878 feet and having a radius of 1465.000 feet. The chord of said curve being on a bearing of S 75°44'14.4" W, a distance of 73.870 feet; returning to the point and place of beginning. Having an area of 12099.060 Sqr feet being 0.278 acres U-3465 061 DRAINAGE/UTILITY EASEMENT Right-Point of beginning beingS 17°54'18.2" E, 51.961 feet from -L- Sta.187+00; thence to a point on a bearing of S 70°45'54.5" W, 29.028 feet; thence to a point on a bearing of s 16°47'55.2" E, 34.085 feet; thence along a curve 29.680 feet and having a radius of 1537.000 feet. The chord of said curve being on a bearing of N 72°38'53.3" E, a distance of 29.680 feet; thence to a point on a bearing of N 17°54'18.2" W, 35.039 feet; returning to the point and place of beginning. Having an area of 1015.622 Sqrfeet being 0.023 acres 9 040615 HC BOC Page 147 TEMPORARY CONSTRUCTION EASEMENT Right-Point of beginning beingS 17°54'18.2" E, 51.961 feet from -L-Sta.187+00; thence to a point on a bearing of S 17°54'18.2" E, 35.039 feet; thence to a point on a bearing of N 70°46'43.4" E, 140.568 feet; thence to a point on a bearing of N 12°50'54.6" W, 35.282 feet; thence to a point on a bearing of S 70°45'54.5" W, 143.680 feet; returning to the point and place of beginning. Having an area of 4980.930 Sqr feet being 0.114 acres PERMANENT UTILITY EASEMENT Right-Point of beginning beingS 10°57'53.8" W, 60.105 feet from -L- Sta.187+00; thence to a point on a bearing of S 70°45'54.5" W, 26.172 feet; thence to a point on a bearing of S 00°03'23.6" W, 46.389 feet; thence to a point on a bearing of N 35°34'42.8" E, 15.826 feet; thence to a point on a bearing of N 69°28'34.6" E, 27.121 feet; thence to a point on a bearing of N 16°47'55.2" W, 34.085 feet; returning to the point and place of beginning. Having an area of 1128.124 Sqr feet being 0.026 acres U-3465 064 RIGHT OF WAY Right-Point of beginning being S 71 °38'42.4" E, 145.859 feet from -L-Sta.195+00; thence along a curve 309.054 feet and having a radius of 1402.390 feet. The chord of said curve being on a bearing of S 85°41'15.5" W, a distance of 308.429 feet; thence to a point on a bearing of S 01°46'50.0" E, 0.277 feet; thence along a curve 308.881 feet and having a radius of 1400.000 feet. The chord of said curve being on a bearing of N 86°18'49.6" E, a distance of 308.255 feet; thence to a point on a bearing of N 01°06'20.2" W, 3.651 feet; returning to the point and place of beginning. Having an area of 604.795 Sqr feet being 0.014 acres PERMANENT DRAINAGE EASEMENT Right-Point of beginning beingS 02°35'13.3" W, 50.241 feet from -L-Sta.195+00; thence along a curve 50.648 feet and having a radius of 1400.000 feet. The chord of said curve being on a bearing of S 85°50'2.7" W, a distance of 50.645 feet; thence to a point on a bearing of S 05°12'8.3" E, 30.000 feet; thence to a point on a bearing of N 85°50'2.7" E, 49.560 feet; thence to a point on a bearing of N 03°07'46.2" W, 30.000 feet; returning to the point and place of beginning. Having an area of 1510.568 Sqrfeet being 0.035 acres TEMPORARY CONSTRUCTION EASEMENT Right-Point of beginning beingS 44°24'52.1" W, 75.416 feet from -L-Sta.195+00; thence along a curve 117.396 feet and having a radius of 1400.000 feet. The chord of said curve being on a bearing of S 82°23'43.6" W, a distance of 117.361 feet; thence to a point on a bearing of S 01 °46'50.0" E, 3.130 feet; thence to a point on a bearing of S 01°46'50.0" E, 27.189 feet; thence along a curve 119.218 feet and having a radius of 1370.000 feet. The chord of said curve being on a bearing of N 82°18'17.0" E, a distance of 119.181 feet; thence to a point on a bearing of N 05°12'8.3" W, 30.000 feet; returning to the point and place of beginning. Having an area of 3549.207 Sqr feet being 0.081 acres PERMANENT UTILITY EASEMENT Right-Point of beginning beingS 24°23'37.6" E, 53.874 feet from -L- Sta.195+00; thence to a point on a bearing of S 71°35'24.5" E, 313.615 feet; thence to a point on a bearing of s 1 0°42'2.5" W, 11.000 feet; thence to a point on a bearing of S 78°57'48.4" E, 15.382 feet; thence to a point on a bearing of N 11°22'20.7" E, 10.000 feet; thence to a point on a bearing of S 77°37'34.6" E, 166.977 feet; thence to a point on a bearing of N 01°43'55.9" W, 76.301 feet; thence to a point on a bearing of N 77°21'45.0" W, 104.052 feet; thence along a curve 243.748 feet and having a radius of 1402.261 feet. The chord of said curve being on a bearing of N 82°22'39.4" W, a distance of 243.441 feet; thence along a curve 14.538 feet and having a radius of 1392.390 feet. The chord of said curve being on a bearing of N 87°41'30.6" W, a distance of 14.538 feet; thence to a point on a bearing of N 02°00'32.6" E, 6.354 feet; thence along a curve 116.293 feet and having a radius of 1400.000 feet. The chord of said curve being on a bearing of N 89°44'43.2" W, a distance of 116.260 feet; returning to the point and place of beginning. Having an area of 25834.795 Sqr feet being 0.593 acres TEMPORARY CONSTRUCTION EASEMENT Left-Point of beginning being S 02°35'13.3" W, 50.241 feet from -L-Sta.195+00; thence to a point on a bearing of S 03°07'46.2" E, 20.000 feet; thence along a curve 80.690 feet and having a radius of 1380.000 feet. The chord of said curve being on a bearing of N 10 040615 HC BOC Page 148 88°32'44.0" E, a distance of 80.678 feet; thence to a point on a bearing of N 71°35'24.5" W, 60.313 feet; thence along a curve 24.544 feet and having a radius of 1400.000 feet. The chord of said curve being on a bearing of S 87°22'21.9" W, a distance of 24.544 feet; returning to the point and place of beginning. Having an area of 1041.293 Sqr feet being 0.024 acres U-3465 065 RIGHT OF WAY Right-Point of beginning beingS 29°21'56.7" W, 59.459 feet from -L-Sta.205+00; thence to a point on a bearing of N 77°20'46.0" W, 141.752 feet; thence to a point on a bearing of N 77°21'45.0" W, 50.833 feet; thence to a point on a bearing of S 44°29'50.0" E, 71.682 feet; thence to a point on a bearing of N 86°16'40.8" E, 137.961 feet; returning to the point and place of beginning. Having an area of 3745.497 Sqr feet being 0.086 acres PERMANENT UTILITY EASEMENT Right-Point of beginning being S 29°21'56. 7" W, 59.459 feet from -L- Sta.205+00; thence to a point on a bearing of S 86°16'40.8" W, 137.961 feet; thence to a point on a bearing of N 44°29'50.0" W, 71.682 feet; thence to a point on a bearing of N 77°21'45.0" W, 277.425 feet; thence to a point on a bearing of S 01°43'55.9" E, 76.301 feet; thence to a point on a bearing of S 77°37'34.6" E, 255.881 feet; thence to a point on a bearing of S 77°40'8.2" E, 327.000 feet; thence to a point on a bearing of S 77°40'8.2" E, 135.000 feet; thence to a point on a bearing of N 12°19'51.8" E, 70.149 feet; thence to a point on a bearing of N 77°20'46.0" W, 266.423 feet; returning to the point and place of beginning. Having an area of 48712.037 Sqr feet being 1.118 acres PERMANENT UTILITY EASEMENT Right-Point of beginning beingS 65°27'0.1" E, 276.259 feet from -L- Sta.205+00; thence to a point on a bearing of S 12°19'52.5" W, 70.031 feet; thence to a point on a bearing of S 77°23'56.9" E, 106.181 feet; thence to a point on a bearing of N 12°19'39.5" E, 69.932 feet; thence to a point on a bearing of N 77°20'46.0" W, 106.177 feet; returning to the point and place of beginning. Having an area of 7430.469 Sqr feet being 0.171 acres DRAINAGE/UTILITY EASEMENT Right-Point of beginning beingS 68°44'42.5" E, 380.785 feet from -L- Sta.205+00; thence to a point on a bearing of S 12°19'39.5" W, 69.932 feet; thence to a point on a bearing of s 77°06'27.8" E. 54.600 feet; thence to a point on a bearing of S 81°05'54.7" E, 12.605 feet; thence to a point on a bearing of N 26°45'10.8" E, 71.440 feet; thence along a curve 9.510 feet and having a radius of 1181.126 feet. The chord of said curve being on a bearing of N 77°04'27.1" W, a distance of 9.510 feet; thence to a point on a bearing of N 77°20'46.0" W, 75.468 feet; returning to the point and place of beginning. Having an area of 5319.093 Sqr feet being 0.122 acres DRAINAGE/UTILITY EASEMENT Right-Point of beginning beingS 64°28'48.5" E, 255.746 feet from -L- Sta.205+00; thence to a point on a bearing of S 12°19'51.8" W, 70.149 feet; thence to a point on a bearing of s 77°40'8.2" E, 21.000 feet; thence to a point on a bearing of N 12°19'52.5" E, 70.031 feet; thence to a point on a bearing of N 77°20'46.0" W, 21.001 feet; returning to the point and place of beginning. Having an area of 1471.892 Sqr feet being 0.034 acres U-3465 066 RIGHT OF WAY Left-Point of beginning being N 28°20'22.0" W, 99.454 feet from -L-Sta205+00; thence to a point on a bearing of N 35°28'12.2" W, 64.678 feet; thence to a point on a bearing of N 11°29'13.0" E, 215.000 feet; thence to a point on a bearing of N 78°30'47.0" W, 19.287 feet; thence to a point on a bearing of s 11°18'28.0" W, 255.482 feet; thence to a point on a bearing of S 31°02'13.6" E, 14.379 feet; thence to a point on a bearing of S 85°33'52.1" E, 56.467 feet; returning to the point and place of beginning. Having an area of 6146.771 Sqr feet being 0.141 acres PERMANENT DRAINAGE EASEMENT Left-Point of beginning being N 08°54'48.9" E, 83.877 feet from- L-Sta205+00; thence to a point on a bearing of N 12°19'51.8" E, 41.272 feet; thence to a point on a bearing 11 040615 HC BOC Page 149 of N 77°40'8.2" W, 30.000 feet; thence to a point on a bearing of S 12°19'51.8" W, 45.432 feet; thence to a point on a bearing of S 85°33'52.1" E, 30.287 feet; returning to the point and place of beginning. Having an area of 1300.564 Sqr feet being 0.030 acres TEMPORARY CONSTRUCTION EASEMENT Left-Point of beginning being N 11°24'45.2" W, 86.925 feet from -L-Sta205+00; thence to a point on a bearing of N 12°19'51.8" E, 45.432 feet; thence to a point on a bearing of N 82°10'20.9" W, 77.971 feet; thence to a point on a bearing of S 35°28'12.2" E, 64.678 feet; thence to a point on a bearing of S 85°33'52.1" E, 30.100 feet; returning to the point and place of beginning. Having an area of 2512.437 Sqr feet being 0.058 acres TEMPORARY CONSTRUCTION EASEMENT Left-Point of beginning being N 08°54'48.9" E, 83.877 feet from -L-Sta205+00; thence to a point on a bearing of S 85°33'52.1" E, 83.921 feet; thence to a point on a bearing of N 68°05'41.0" W, 28.522 feet; thence to a point on a bearing of N 53°13'30.0" W, 60.415 feet; thence to a point on a bearing of S 12°19'51.8" W, 41.272 feet; returning to the point and place of beginning. Having an area of 1494.261 Sqr feet being 0.034 acres PERMANENT UTILITY EASEMENT Left-Point of beginning being N 66°38'20.0" E, 179.316 feet from -L- Sta205+00; thence to a point on a bearing of S 85°33'52.1" E, 17.806 feet; thence to a point on a bearing of N 46°03'41.2" W, 13.234 feet; thence to a point on a bearing of S 46°29'26. 7" W, 11.338 feet; returning to the point and place of beginning. Having an area of 74.947 Sqr feet being 0.002 acres PERMANENT UTILITY EASEMENT Left-Point of beginning beingS 82°50'10.4" E, 668.066 feet from -L- Sta205+00; thence to a point on a bearing of S 43°54'33.1" E, 16.742 feet; thence to a point on a bearing of N 72°29'30.1" E, 6.954 feet; thence to a point on a bearing of N 14°40'27.6" W, 14.747 feet; thence to a point on a bearing of S 73°30'3.3" W, 15.129 feet; returning to the point and place of beginning. Having an area of 163.637 Sqrfeet being 0.004 acres U-3465 070 RIGHT OF WAY Right-Point of beginning beingS 33°34'45.2" W, 51.027 feet from -L-Sta.215+00; thence to a point on a bearing of S 40°03'31.5" E, 150.4 75 feet; thence to a point on a bearing of S 44°37'58.1" E, 183.017 feet; thence along a curve 41.790 feet and having a radius of 808.944 feet. The chord of said curve being on a bearing of N 37°50'3.6" W, a distance of 41.785 feet; thence to a point on a bearing of N 37°21'3.9" W, 11.449 feet; thence to a point on a bearing of N 37°21'3.9" W, 114.710 feet; thence to a point on a bearing of N 52°48'39.6" E, 5.000 feet; thence along a curve 38.181 feet and having a radius of 1098.974 feet. The chord of said curve being on a bearing of N 38°17'21.1" W, a distance of 38.179 feet; thence along a curve 443.688 feet and having a radius of 1001.740 feet. The chord of said curve being on a bearing of N 52°04'11.3" W, a distance of 440.071 feet; thence to a point on a bearing of S 26°45'10.8" w, 6.462 feet; thence to a point on a bearing of S 26°45'10.8" W, 0.354 feet; thence along a curve 309.578 feet and having a radius of 1050.000 feet. The chord of said curve being on a bearing of S 53°04'45.2" E, a distance of 308.458 feet; returning to the point and place of beginning. Having an area of 10745.446 Sqr feet being 0.247 acres PERMANENT UTILITY EASEMENT Right-Point of beginning beingS 33°34'45.2" W, 51.027 feet from -L- Sta.215+00; thence along a curve 243.814 feet and having a radius of 1050.000 feet. The chord of said curve being on a bearing of N 51°17'5.8" W, a distance of 243.267 feet; thence to a point on a bearing of S 20°17'26.3" W, 18.394 feet; thence to a point on a bearing of S 57°35'49.4" E, 47.877 feet; thence to a point on a bearing of S 51°20'18.5" E, 105.067 feet; thence to a point on a bearing of S 4r16'51.3" E, 82.917 feet; thence to a point on a bearing of S 40°02'45.4" E, 150.056 feet; thence to a point on a bearing of s 44°37'58.1" E, 65.000 feet; thence to a point on a bearing of S 28°59'26.0" E, 51.923 feet; thence to a point on a bearing of N 45°22'1.7" E, 32.000 feet; thence to a point on a bearing of N 44°37'58.1" W, 114.580 feet; thence to a point on a bearing of N 40°03'31.5" W, 150.475 feet; returning to the point and place of beginning. Having an area of 9551.317 Sqr feet being 0.219 acres 12 040615 HC BOC Page 150 PERMANENT UTILITY EASEMENT Right-Point of beginning beingS 33°50'26.5" E, 330.852 feet from -L- Sta.215+00; thence to a point on a bearing of S 45°22'1.7" W, 32.000 feet; thence to a point on a bearing of S 63°29'9.4" E, 43.324 feet; thence to a point on a bearing of S 42°36'41.1" E, 61.587 feet; thence to a point on a bearing of N 45°31'39.0" E, 16.742 feet; thence along a curve 84.266 feet and having a radius of 808.944 feet. The chord of said curve being on a bearing of N 42°17'54.5" W, a distance of 84.228 feet; thence to a point on a bearing of N 44°37'58.1" W, 18.437 feet; returning to the point and place of beginning. Having an area of 1994.310 Sqr feet being 0.046 acres DRAINAGE/UTILITY EASEMENT Right-Point of beginning beingS 31°56'14.7" E, 281.891 feet from -L- Sta.215+00; thence to a point on a bearing of S 45°22'1.7" W, 31.619 feet; thence to a point on a bearing of S 44°11'47.1" E, 50.001 feet; thence to a point on a bearing of N 45°22'1.7" E, 32.000 feet; thence to a point on a bearing of N 44°37'58.1" W, 50.000 feet; returning to the point and place of beginning. Having an area of 1590.480 Sqr feet being 0.037 acres DRAINAGE/UTILITY EASEMENT Right-Point of beginning being N 67°37'26.3" W, 242.687 feet from -L- Sta.215+00; thence to a point on a bearing of N 20°17'26.3" E, 18.394 feet; thence along a curve 65.764 feet and having a radius of 1050.000 feet. The chord of said curve being on a bearing of N 59°43'53.0" W, a distance of 65.753 feet; thence to a point on a bearing of S 26°45'10.8" W, 40.869 feet; thence to a point on a bearing of S 80°15'6.8" E, 59.867 feet; thence to a point on a bearing of S 68°59'36.2" E, 10.502 feet; returning to the point and place of beginning. Having an area of 1940.159 Sqr feet being 0.045 acres TEMPORARY CONSTRUCTION EASEMENT Right-Point of beginning beingS 10°15'38.8" W, 86.942 feet from -L-Sta.215+00; thence to a point on a bearing of S 35°38'25.2" E, 101.244 feet; thence to a point on a bearing of S 44°37'58.1" E, 100.000 feet; thence to a point on a bearing of N 28°59'26.0" W, 25.962 feet; thence to a point on a bearing of N 44°37'58.1" W, 65.000 feet; thence to a point on a bearing of N 40°02'45.4" W, 110.353 feet; returning to the point and place of beginning. Having an area of 1006.625 Sqr feet being 0.023 acres 13 040615 HC BOC Page 151 Agenda Item ___ q_._ __ _ Amended Changes AN ORDINANCE PERMITTING THE POSTING OF SIGNS TO PROHIBIT THE CARRYING OF CONCEALED HANDGUNS ON CERTAIN COUNTY PROPERTY WHEREAS, Chapter 398 of the 1995 Session laws changes prior law by establishing a system that will allow private citizens to obtain permits to carry concealed handguns ; and WHEREAS, thi s change in the law will significantly increase the number of individuals who may legally carry concealed handguns; and WHEREAS, the Boar d of Commissioners is concerned about the increased presence of concealed handguns on County property and about the threat that such increased presence will pose to the health , safety, and general welfare of the community; and WHEREAS , N .C .G .S. § 14-415 .23 authorizes Counties to adopt ordinances to permit the posting of a prohibition against carrying a concealed handgun , in accordance with N .C.G .S. § 14-425.ll(c), on County buildings, their appurtenant premises, and recreational facilities not excluded by§ 14-415.23(d); and WHEREAS, it is the intent of this ordinance to permit the posting of County property such that the carrying of concealed handguns on the posted premises will constitute a violation of N.C.G.S . Chapter 14, Article 54B ; NOW, THEREFORE BE IT ORDAINED by the Harnett County Board of Commissioners that: Section 1. Posting of Signs Required . Subject to the limitations of§ 14-415.23(d), the County Manger is hereby ordered to post appropriate signage on each recreational facility, building or portion of a building now or hereafter owned, leased as lessee, operated , occupied, managed or controlled by Harnett County, as well as the appurtenant premises to such buildings, indicating that concealed handguns are prohibited therein. Section 2 . Location of Signs . Said signs shall be visibly posted on the exterior of each entrance by which the general public can access the building, appurtenant premise, or recreational facility . The County Manager or his designee shall exercise discretion in determining the necessity and appropriate location for other signs posted on the interior of the building, appurtenant premise, or recreational facility. Section 3. Effective Date. This ordinance shall be effective on and after November 1, 1995 . Adopted this the 16th day of March, 2015 . THE HARNETT COUNTY BOARD OF COMMISSIONERS Chairman , Jim Burgin ATTEST: Margaret Regina Wheeler, Clerk to the Board ;tiLtD sooK\ L\St iPAGESO 0 AN ORDINANCE PERMITTING THE POSTI.rJ~..,Oj; .,.SJ:~N~m 11 23 TO PROHIBIT THE CARRYING OF CONCEA~UHANDGU~I ON CERTAIN COUNTY PROPERTY .. GAYLE P.-H 0 LDER WHEREAS, Chapter 398 of the 1995 Session establishing a system that will allow private carry concealed handguns; and REGISTER ·o·F DEEDS law:t-Jf?AW~'t~N.taw by citizens-to obtain permits to WHEREAS, this change in the law will significantly increase the number of individuals who may legally carry concealed handguns; and WHEREAS, the Board of Commissioners is concerned about the increased presence of concealed handguns on County property and about the threat that such increased presence will pose to the health, safety, and general welfare of the community; and WHEREAS, N.C.G.S. § 14-415.23 authorizes Counties to adopt ordinances to permit the posting of a prohibition against carrying a concealed handgun, in accordance with N.C.G.S. § 14-425.ll(c), on County buildings, their appurtenant premises, and parks; and WHEREAS, it is the intent of this ordinance to permit the posting of county property such that the carrying of concealed handguns on the posted premises will constitute a violation of N.C.G.S. Chapter 14, Article 54B; NOW, THEREFORE BE IT ORDAINED by the Harnett County Board of Commissioners that: section 1. Posting of Signs Required. The County Manager is hereby ordered to post appropriate signage on each park, building or portion of a building now or hereafter owned, leased as lessee, operated, occupied, managed or controlled by Harnett County, as well as the appurtenant premises to such buildings, indicating that concealed handguns are prohibited therein. section 2. Location of Signs. Said signs shall be visibly posted on the exterior of each entrance by which the general public can access the building, appurtenant premise, or park. The County Manager or his designee shall exercise discretion in determining the necessity and appropriate location for other signs posted on the interior of the building, appurtenant premise, or park. section 3. Effective Date. This ordinance shall be effective on and after November 1, 1995. Adopted ATTEST: 040615 HC BOC Page 154 Agenda Item J 0 --=----- Board Meeting Agenda Item MEETING DATE: TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Request for presentation of Harnett Co. Coop. Ext./NC State 2015 Staff Roll-out Plan REQUESTED BY: Tyrone L. Fisher, County Extension Director~ REQUEST: Harnett County Cooperative Extension requests permission to present the Harnett County Cooperative Extension NCSU Roll out plan for 2015 for staff employment which involves salary percentage changes and RIF. Approval needed to change County Percentage of staff salaries. COUNTY MANAGER'S RECOMMENDATION: C:\U sers\swi I I iams\Desktop \County forms\agendaform20 14. doc I of2 Page 040615 HC BOC Page 155 Ag Agent *CES will offer salary support for 1/2 of each base position (1/3 of whole FCS position) to be matched by counties. NC Cooperative Extension Support Staff Base Staffing Model Y2FCS Agent 4-H Agent Counties can collaborate to pool resources & develop clusters/shared positions. Empowering People • Providing Solutions Before Name Vacant Vacant Vac ant Vacant Brian Parrish Shar o n Willi am s Ingrid Richardson Tyro ne Fish er After Name Jac ki e Helto n Vac ant Vacant Bri an Parrish Shar o n William s Tyro ne Fi sher Harnett County c~ _,perative Extension NCSU Roll-out 2015 Position Total Salary State 4-H Agent 36,362 18,172 Horticulture Agent 50,569 23,723 FC S Nutrition Ag ent 35,265 9,000 FCS Family Life Ag ent 62,019 37,940 Ag Crop/Lives tock Age nt 36,000 14,557 Admini strative Ass ist ant 31,057 11,757 Support 27,362 9,960 Direct o r/Ag Equin e Age nt 65,694 35 ,844 160,953 Position Total Salary State 4-H Age nt 48,000 24,000 Horticulture Agent 50,569 15,171 FCS Agent 0 21,086 Ag Crop/Liv estock Ag ent 36,000 10,800 Admini strative Ass istant 33 ,171 16,586 Director/Ag Equin e Agent 65694 32 847 120,490 % 0.50 0.57 0.26 0.61 0.40 0.38 0.36 0.55 % 0.50 0.30 0.00 0 .30 0.50 0.50 • NCSU will RIF Support Staff Po sition, June 30, 2015; will eliminate a FCS Position, Jun e 30, 2016. • Harn ett Co unty Agri culture Add -o n is 0.6, Ho rticulture and Cr o ps po sitions. • Tot al Co unty Fund s t o ass ist in NCSU Roll-out: $17,402 + $26,265 = $43,667. • NC SU Ro ll -o ut does NOT affect NCATSU pos ition s. • After Age nt hires, will ex pl o re part-tim e suppo rt pos ition for th e fro nt office. County % 18,190 0.50 21,846 0.43 26,265 0.74 24,079 0.39 21 ,443 0.60 19,300 0.62 17,402 0 .64 29,850 0 .45 178,375 County % 24,000 0.50 35 ,398 0.70 50,344 0 .00 25,200 0.70 16,5 86 0.50 32847 0.50 184,375 Board Meeting Agenda Item Agenda Item _ _,)"---"1'----- MEETING DATE: April6, 2015 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Voluntary Agricultural District Ordinance Amendments REQUEST: 1-Under Article V, Agricultural Advisory Board, Item H, Number 7 Administrative, strike "Harnett County Cooperative Extension office" and add Harnett Soil and Water Conservation District Board and staff. When amended it will read, the Advisory Board may contract with the Harnett Soil and Water Conservation District Board and staff to serve the Board for record keeping, correspondence, application procedures under this ordinance, and whatever services the Board needs to complete its duties. 2-Under Article VII, Certification and Qualification of Farmland, Requirements, Number 2 strike "if highly erodible land exists on the farm, in accordance with the Natural Resources Conservation Service defined erosion-control practice that are addressed to said highly- erodible land" and add in accordance with Natural Resource Conservation Service guidelines for implementing best management practices (BMP's) as a part of a sound conservation management system. When amended it will read, be managed in accordance with Natural Resource Conservation Service guidelines for implementing best management practices (BMP's) as a part of a sound conservation management system. 3-Under Article VIII, Application, Approval, and Appeal Procedure, Item B, Approval Process, Number 2 insert site visits may be conducted by Harnett Soil and Water Conservation District staff to determine if sound conservation management systems are being followed. When amended it shall read, upon receipt of an application, the chairperson will forward copies immediately to the following offices; a. The Harnett County tax assessor and b. The Harnett Soil and Water Conservation District Office which shall be asked to provide comments, if any, to the Advisory Board prior to the date set for the Advisory Board vote on the application. Site visits may be conducted by Harnett Soil and Water Conservation District staff to determine if sound conservation management systems are being followed. U:\rny documents\VAD\agendafonn2015amendments.doc Page I of2 040615 HC BOC Page 158 4-Under Article XI, Notification, Item A, Number 2, Posting of Notice strike "Natural Resources Conservation Service office" and add Harnett County Geographic Information System (GIS) Department website and the Harnett Soil and Water Conservation District office. When amended it shall read ... Maps and information on the location and establishment of the districts can be obtained from the Harnett County Geographic Information System (GIS) website, the Harnett Soil and Water Conservation District office, the North Carolina Cooperative Extension office, the office of the Register ofDeeds, or the County Planning office. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: U:\my documents\V AD\agendaform2015amendments.doc Page 2 of2 040615 HC BOC Page 159 HARNETT COUNTY VOLUNTARY AGRICULTURAL DISTRICT ORDINANCE ARTICLE I TITLE An Ordinance of the Board of the County Commissioners of HARNETT COUNTY, NORTH CAROLINA, entitled, "VOLUNTARY AGRICULTURAL DISTRICT ORDINANCE." ARTICLE II • AUTHORITY The articles and sections of this Ordinance are adopted pursuant to authority conferred by Sections 106-73 5 through 106-744 of Chapter 153A of the North Carolina General Statutes. ARTICLE III PURPOSE The purpose ofthis Ordinance is to promote agricultural values and the general welfare of the county and more specifically, increase identity and pride in the agricultural community and its way of life; encourage the economic and financial health of agriculture; and increase protection from non-farm development and other negative impacts on properly managed farms. ARTICLE IV DEFINITIONS The following are defined for purposes of this Ordinance: Advisory Board: Chairperson: District: Board of Commissioners: A. Creation Harnett County Agricultural Advisory Board. Chairperson of the Harnett County Agricultural Advisory Board. Voluntary Agricultural District as established by the Ordinance. Harnett County Board of Commissioners. ARTICLEV AGRICULTURAL ADVISORY BOARD The Board of Commissioners shall establish an Agricultural Advisory Board to implement the provisions of the program. 1 B. Membership The Advisory Board shall consist of one representative from each Commissioner's District plus two additional at-large members . All will be appointed by the Board of Commissioners . C. Membership Requirements 1. Each Advisory Board member shall be a Harnett County resident or landowner. 2. A minimum of five members shall be actively engaged in farming. The remaining two should be from agri-business or agricultural-related interests. 3 . The members actively engaged in farming, as well as other members, shall be selected for appointment by the Board of Commissioners from the names of individuals submitted to the Board of Commissioners by the Soil and Water Conservation District Board of Supervisors, the North Carolina Cooperative Extension Service for Harnett County, the Un ited States Farm Service Agency County Committee, nonprofit agricultural organizations, conservation organizations, agri-business, and the public at large . D. Tenure The initial Board is to consist of three appointees for terms of one year; two appointees for terms of two years; and two appointees for terms of three years. Thereafter, all appointments are to be for terms of three years, with reappointment permitted. E. Vacancies Any vacancy on the Advisory Board is to be filled by the Board of Commissioners for the remainder of the unexpired term. F. Removal Any member of the Advisory Board may be removed by the Board of Commissioners upon a two- thirds vote of the Comm issioners. No cause for removal shall be required. G . Funding The per diem compensation, if any, of the members of the Advisory Board may be fixed by the Board of Commissioners and funds may be appropriated to the Adv isory Board to perform its duties. H. Advisory Board Procedure 1. Chairperson The Advisory Board shall elect a chairperson and vice-chairperson each year at its first meeting of the fiscal year. The chairperson shall preside over all regular or special meetings of the Advisory Board. In the absence or disability of the chairperson, the vice-chairperson shall preside and shall exercise all the powers of the chairperson. Additional officers may be elected as needed. 2 2. Jurisdiction The Advisory Board may adopt rules of procedure not inconsistent with this Ordinance or with the other provisions of State law. 3. Advisory Board Year The Advisory Board shall use the Harnett County fiscal year as its meeting year. 4. Meetings Meetings of the Advisory Board shall be held at the call of the chairperson and at such other times as the Advisory Board may specify in its rules of procedure or upon the request of at least a majority of the Advisory Board Membership. A meeting shall be held at least annually and notice of any meetings to the members shall be in writing, unless otherwise agreed to by all Advisory Board members. Meeting dates and times shall be posted as far in advance as possible on the door of the meeting site or by other means of public dissemination of the meeting dates as may be agreed upon by at least a majority of the Advisory Board Membership. All meetings shall be open to the public. 5. Majority Vote All issues shall be decided by a majority vote of the members of the Advisory Board, except as otherwise stated herein. All board members must be present. 6 . Records The Advisory Board shall keep minutes of the proceedings showing the vote of each member upon all questions, or if absent or failing to vote, indicating such fact, and shall keep record of its examinations and other official actions, all of which shall be filed in the office of the Advisory Board and shall be public record. 7 . Administrative The Advisory Board may contract with the Harnett County Cooperative Extension office to serve the Board for record keeping correspondence, application procedures under this Ordinance, and whatever services the Board needs to complete its duties. STRIKE "HARNETT COUNTY COOPERATIVE EXTENSION OFFICE" AND INSERT HARNETT COUNTY SOIL AND WATER CONSERVATION DISTRICT BOARD AND STAFF. WHEN REVISED WILL READ: The Advisory Board may contract with the Harnett Soil and Water Conservation District Board and Staff to serve the Board for record-keeping correspondence, application procedures under this Ordinance, and whatever services the Board needs to complete its duties. 3 I. Duties The Advisory Board shall : 1. Review and approve applications for qualified farmland and Voluntary Agricultural Districts and make recommendations concerning the establishment and modification of agricultural Districts; 2. Conduct public hearings; 3. Advise the Board of Commissioners on projects, programs, or issues affecting the agricultural economy or activities within the county that will affect agricultural Districts; 4. Review and make recommendations concerning proposed amendments to this Ordinance; and 5. Perform other agricultural-related tasks or duties assigned by the Board of Commissioners. The Advisory Board may: 1. Develop a draft county-wide farmland protection plan as defined in N.C.G .S 106-744 (e) (1) for presentation to the Board of Commissioners; and 2. Study additional methods of farmland preservation and make recommendations to the Board of Commissioners. ARTICLE VI CREATION OF VOLUNTARY AGRICULTURAL DISTRICTS A. Implementation In order to implement the purposes stated in Article III, this program provides for the creation of Voluntary Agricultural Districts which contain one or more qualified farms within areas designated by the Advisory Board. B. Education The county may take such action as it deems appropriate through the Advisory Board or other entities or individuals to encourage the formation of the Districts and to further their purposes and objectives, including the implementation of a public information program to reasonably inform landowners of the agricultural District program. C . Addition Qualifying farmland in Harnett County within an existing District shall be added to the District as herein provided. 4 ARTICLE VII CERTIFICATION AND QUALIFICATION OF FARMLAND Requirements To secure county certification as qualifying farmland, a farm must: 1. Be participating in the farm present-use-value taxation program established by N.C. G . S. 105-277.2 through 105-277.7, or is otherwise determined by the county to meet all the qualifications ofthis program, as set forth in Section 105-2 77.3 ofthe North Carolina General Statutes; 2. Be managed, if highly erodible land exists on the farm, in accordance with the Natural Resources Conservation Service defined erosion-control practices that are addressed to said highly-erodible land; and STRIKE "IF HIGHLY ERODIBLE LAND EXISTS ON THE FARM, IN ACCORDANCE WITH THE NATURAL RESOURCES CONSERVATION SERVICE DEFINED EROSION-CONTROL PRACTICE THAT ARE ADDRESSED TO SAID HIGHLY -ERODIBLE LAND" AND ADD IN ACCORDANCE WITH NATURAL RESOURCE CONSERVATION SERVICE GUIDELINES FOR IMPLEMENTING BEST MANAGEMENT PRACTICES (BMP'S) AS A PART OF A SOUND CONSERVATION MANAGEMENT SYSTEM. WHEN REVISED WILL READ: Be managed in accordance with Natural Resource Conservation Service guidelines for implementing best management practices (BMP's) as a part of a sound conservation management system; 3. Be the subject of a preservation agreement, as defined in N.C.G.S. 121-35, between the county and the owner of such land that prohibits non-farm use or developmen~ of such land for a period of at least 1 0 years, except for the creation of not more than three lots that meet applicable county zoning and subdivision regulations. 4. Be located in the unincorporated area of Harnett County, unless the incorporated area has adopted the Harnett County Voluntary Agricultural District Ordinance. ARTICLE VIII APPLICATION, APPROVAL, AND APPEAL PROCEDURE A. Application Procedure 1. A landowner may apply to participate in the program by making application to the chairperson of the Advisory Board or a designated staff person. The application shall be on forms provided by the Advisory Board. The application to participate in a District may be filed with the certification for qualifying farmland. 2. An agreement to sustain, encourage, and promote agriculture must be executed by the landowner and recorded with the Advisory Board. Permitted uses include agriculture, horticulture, forestry, and outdoor recreation. 5 B. Approval Process l. Upon submission of the application to the Advisory Board, the Advisory Board shall meet within 30 days to approve or disapprove the application. The chairperson shall notifY the applicant by first class mail of approval or disapproval of participation in the District. 2. Upon receipt of an application, the chairperson will forward copies immediately to the following offices which shall be asked to provide comments, if any, to the Advisory Board, prior to the date set for the Advisory Board vote on the application: a. The Harnett County tax assessor and b. The Harnett County Soil and Water Conservation District office. INSERT, SITE VISITS MAY BE CONDUCTED BY HARNETT SOIL AND WATER CONSERVATION DISTRICT STAFF TO DETERMINE IF SOUND CONSERVATION MANAGEMENT SYSTEMS ARE BEING FOLLOWED. WHEN AMENDED IT SHALL READ: Upon receipt of an application, the chairperson will forward copies immediately to the following offices: a . The Harnett County Tax Assessor; and b. The Harnett Soil and Water Conservation District Office, which shall be asked to provide comments, if any, to the Advisory Board prior to the date set for the Advisory Board vote on the application. Site visits may be conducted by the Harnett County Soil and Water Conservation District staff to determine if sound conservation management systems are being followed. C. Appeal If an application is denied by the Advisory Board, the petitioner shall have 30 days to appeal the decision to the Board of Commissioners. Such appeal shall be presented in writing. The decision of the Board of Commissioners is fmal. ARTICLE IX REVOCATION AND RENEWAL OF CONSERVATION AGREEMENT A. Revocation l. By providing written notice to the Advisory Board, a landowner of qualifYing farmland may revoke the Conservation Agreement or the Advisory Board may revoke the same Conservation Agreement based on noncompliance by the landowner, subject to the same provisions as contained in Article VIII for appeal of denials. Such revocation shall result in loss of qualifYing farm status and loss of eligibility to participate in a District. Absent noncompliance by the landowner, neither the Adviosry Board nor the Board of Commissioners shall revoke any preservation agreements prior to its expiration. 2 . The Harnett County Tax Assessor will notifY the Advisory Board when the farmland is no longer participating in the present-use-taxation program. 6 B. Renewal Conservation Agreements shall be deemed automatically renewed for an additional term of 10 years, unless either the Advisory Board or the landowner gives written notice to the termination date. A. Purpose ARTICLE X CONDEMNATION PUBLIC HEARINGS Pursuant to Section 106-7 40 of the North Carolina General Statutes, no state or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a District until such agency or unit has requested the Advisory Board to hold a public hearing on the proposed condemnation. B. Procedure 1. Upon receiving a request, the Advisory Board shall publish a notice describing the proposed action in the appropriate newspapers of Harnett County within five business days of the request, and will in the same notice notify the pubic of a public hearing on the proposed condemnation, to be held within 10 days of receipt of the request. 2. The Advisory Board shall meet to review: a. Whether the need for the project has been satisfactorily established by the agency or unit of government involved, including a review of any fiscal impact analysis conducted by the agency involved; and b. Whether there are alternatives to the proposed action that have less impact and are less disruptive to the agricultural activities of the District within which the proposed action is to take place . 3. The Advisory Board may consult with the County Agricultural Extension Agent, a Soil and Water Conservation District representative, and any other individuals, agencies, or organizations deemed by the Advisory Board to be necessary for its review of the proposed action. 4. Within five days after the hearing, the Advisory Board shall make a report containing its findings and recommendations regarding the proposed action. The report shall be made available to the public prior to its being conveyed to the decision-making body of the agency proposing the acquisition. 5. There will be a period of 10 days allowed for public comment on the report of the Advisory Board. 6. After the 10 day period for public comment has expired, the Advisory Board shall submit a final report containing all of its findings and recommendations regarding the proposed action to the decision-making body of the agency proposing the acquisition. The final report will also be submitted to the Harnett County Board of Commissioners. Final reports involving Districts in 7 incorporated areas which have adopted the Voluntary Agricultural District Ordinance will be sent to the decision-making body responsible for that particular incorporated area. 7. The total time period, from the day that a request for a hearing has been received to the day that a final report is issued to the decision-making body of the agency proposing the acquisition, shall not exceed 30 days. If the agency agrees to an extension, the agency and the Advisory Board shall mutually agree upon a schedule to be set forth in writing and made available to the public. ARTICLE XI NOTIFICATION A Record Notice of Proximity to Voluntary Agricultural District 1. Procedure Upon certification of qualifying farmland and designation of real property as a District, the title to that qualifying farmland and real property, which is contained in the Harnett County Land Records System, shall be changed to include a notice reasonably calculated to alert a person researching the title of a particular tract that such tract is located within one aerial mile of a Voluntary Agricultural District. 2. Posting of Notice The following notice, of a size and form suitable for posting, shall be posted in the office of the Register of Deeds, and any other office or agency the Advisory Board deems necessary: Harnett County has established agricultural districts to protect and preserve agricultural lands and activities. These districts have been developed and mapped by the county to inform purchasers of real property that certain agricultural and forestry activities, including but not limited to pesticide spraying, manure spreading, machinery and truck operation, livestock operations, sawing, and other common farming activities may occur in these districts any time during the day or night. Maps and information on the location and establishment of these districts can be obtained from the North Carolina Cooperative Extension office, the office of the Register of Deeds, the County Planning office, or the Natural Resources Conservation Serv ice office. STRIKE "NATURAL RESOURCES CONSERVATION SERVICE OFFICE, AND ADD HARNETT COUNTY GEOGRAPHIC INFORMATION SYSTEM (GIS) DEPARTMENT WEBSITE AND THE HARNETT SOIL AND WATER CONSERVATION DISTRICT OFFICE. When amended it shall read : Harnett County has established agricultural Districts to protect and preserve agricultural lands and activities . These Districts have been developed and mapped by the county to inform all purchasers of real property that certain agricultural and forestry activities, including but not limited to pesticide spraying, manure spreading, machinery and truck operation, livestock operations, sawing, and other common farming activities may occur in these Districts any time during the day or night. Maps and information on the location and establishment of the Districts can be obtained from the Harnett County Geographic Information System (GIS) website, the Harnett Soil and Water Conservation District Office, the North Carolina Cooperative Extension Office , the Office ofthe Register of Deeds, or the County Planning Office. 8 3. Limit of Liability In no event shall the County or any of its officers, employees, members of the Advisory Board, or agents be held liable in damages for any mis-feasance, mal-feasance, or non-feasance occuring in good faith in connection with the duties or obligations imposed by this Ordinance. 4. No Cause of Action In no event shall a cause of action arise out of the failure to report the proximity of a particular tract of land to a qualifYing farm or Voluntary Agricultural District, as defined in this Ordinance, by a person researching title to a tract of land. B. Signage Signs identifYing approved agricultural Districts shall be placed along the rights-of-ways of major roads that pass through or next to those Districts. There shall be at least one sign posted per qualifYing farm or as many as may be deemed appropriate by the Advisory Board, or its administrative agent for the county's agricultural District program. Placement of signage shall be coordinated with the North Carolina Department of Transportation. C. Maps The Advisory Board will be responsible for notifYing the Harnett County GIS Department for the development of maps. Maps identifYing approved agricultural Districts may be displayed at the following agencies or offices: 1. Planning Department; 2. Register of Deeds; 3. North Carolina Cooperative Extension Service; 4. Soil and Water Conservation District Office; and 5. Any other such agency or office the Advisory Board deems appropriate. ARTICLE XII SUBDIVISION ORDINANCE AND ZONING ORDINANCE REVIEW Developers of major subdivisions or planned unit developments shall designate on preliminary development plan, the existence ofDistrict(s) within one aerial mile(s) of any proposed development. Duty of the Advisory Board ARTICLE XIII COUNTY LAND-USE PLANNING 9 It shall be the duty of the Advisory Board to advise the Board of Commissioners or the agency or office to which the Board of Commissioners delegates authority to oversee county land use planning, on the status, progress, and activities of the county's agricultural District programs, and to also coordinate the formation and maintenance of agricultural Districts with the county's land use planning activities and the county land use plan, if one currently exists, at the time this Ordinance is enacted or when one is formed. ARTICLE XIV CONSULTATION AUTHORITY The Advisory Board may consult with the North Carolina Cooperative Extension Service, the Soil and Water Conservation District Office, the North Carolina Department of Agriculture and Consumer Services, and any other individual, agency, or organization the Advisory Board deems necessary to properly conduct its business. ARTICLE XV NORTH CAROLINA AGENCY NOTIFICATION A copy of this Ordinance shall be sent to the office of the North Carolina Commissioner of Agriculture and Consumer Services, the Board of Commissioners, the County office of the North Carolina Cooperative Extension Service, and the Soil and Water Conservation District office after adoption. At least annually the Advisory Board shall submit a written report to the Commissioner of Agriculture and Consumer Services on the county's agricultural District program, including the following information: 1. Number of landowners enrolled; 2. Number of acres enrolled; 3. Number of acres certified during the reporting period; 4. Number of acres denied during the reporting period; 5. Number of acres for which applications are pending; 6. Copies of any amendments to the Ordinance; and 7. Any other information the Advisory Board deems useful. A. Severability ARTICLE XVI LEGAL PROVISIONS If any article, section, subsection, clause, phrase, or portion of this Ordinance is for any reason found invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. B. Conflict with other Ordinances and Statutes 10 Whenever the provisions of this Ordinance conflict with other Ordinances of Harnett County, this Ordinance shall govern. Whenever the provisions of any federal or state statute require more restrictive provisions than are required by this Ordinance, the provisions of such statute shall govern. C. Amendments This Ordinance may be amended from time to time by the Board of Commissioners. 11 ARTICLE XVII ENACTMENT The Harnett County Board of Commissioners hereby adopts and enacts the preceding articles and sections of this Ordinance. Adopted this the 6th day of April 20 15. Motion for adoption by------------and seconded by HARNETT COUNTY BOARD OF COMMISSIONERS Jim Burgin, Chairman ATTEST: Margaret Regina Wheeler, Clerk Harnett County Board of Commissioners Approved as to form: Monica L. Jackson, County Staff Attorney Page 12 Harnett COUNTY NOI\TH lAROllNA Minutes HARNETT COUNTY AGRICULTURAL ADVISORY BOARD Harnett County Agricultural Advisory Board meeting held in Lillington, North Carolina March 16,2015 Members Present: C.H. Johnson Dudley Langdon L.D. Black R.H. Byrd Cindy Johnson Brian Stafford Henry Randolph Others Present: Darryl Harrington Lynn Lambert Neal Taylor Members of the Harnett County Agricultural Advisory Board met on Monday, March 16, 2015 in the conference room of the Soil and Water District Office located in Suite 200 of the Harnett County Agriculture Center to conduct business of the Board at the request of Board members. L.D. Black called the meeting to order at 7:00pm. Minutesffreasurer's Report: Minutes from the January 2015 meeting were provided and reviewed by each Board member. R.H. Byrd moved to accept the minutes as written with Brian Stafford being included as a recommended Board member if needed. C.H. Johnson seconded the motion. A vote was taken and the motion carried. L. D. Black shared that according to the check register that there is still $1,787.13 remaining in the account. Bank statements are currently going to the Cooperative Extension Office but have not been forwarded to Mr. Black. Old Business: Board Member Appointments-L.D. Black shared that new Board member appointments had been approved at the March 2, 2015 Commissioners meeting and welcomed new Board members. The Board now consists of the following members: L.D. Black-District 2-Term Expires 7/1/2016 R.H. Byrd-District 1-Term Expires 7/1/2015 Cindy Johnson-District 4-Term Expires 3/1/2018 Dudley Langdon-District 3-Term Expires 7/1/2015 Brian Stafford-District 5-Term Expires 3/1/2016 C.H. Johnson-Ag Business-Term Expires 7/1/2016 Henry Randolph-Ag Business-Term Expires 3/1/2018 Page 11 Harnett County Agricultural Advisory Board March 16, 2015 040615 HC BOC Page 172 HARNETT COUNTY AGRICULTURAL ADVISORY BOARD L.D. Black opened the floor for discussion on Board officers. Discussion was conducted with all Board members participating. Henry Randolph moved that R.H. Byrd serve as Chairman, Henry Randolph serve as Vice-Chair, Dudley Langdon serve as Secretary, and that L.D. Black serve as Treasurer. C.H. Johnson seconded the motion and the motion carried unanimously. Ordinance Updates-All Board members were provided with a copy of the ordinance updates discussed at the January meeting. Discussion was conducted to bring the new Board members up to date on the desired changes. Proposed changes are as follows: 1-Under Article V, Agricultural Advisory Board, Item H, Number 7 Administrative, strike "Harnett County Cooperative Extension office" and add Harnett Soil and Water Conservation District Board and staff. When amended it will read, the Advisory Board may contract with the Harnett Soil and Water Conservation District Board and staff to serve the Board for record keeping, correspondence, application procedures under this ordinance, and whatever services the Board needs to complete its duties. 2-Under Article VII, Certification and Qualification of Farmland, Requirements, Number 2 strike "if highly erodible land exists on the farm, in accordance with the Natural Resources Conservation Service defined erosion-control practice that are addressed to said highly-erodible land" and add in accordance with Natural Resource Conservation Service guidelines for implementing best management practices (BMP's) as a part of a sound conservation management system. When amended it will read, be managed in accordance with Natural Resource Conservation Service guidelines for implementing best management practices (BMP's) as a part of a sound conservation management system. 3-Under Article VIII, Application, Approval, and Appeal Procedure, Item B, Approval Process, Number 2 insert site visits may be conducted by Harnett Soil and Water Conservation District staff to determine if sound conservation management systems are being followed. When amended it shall read, upon receipt of an application, the chairperson will forward copies immediately to the following offices; a. The Harnett County tax assessor and b. The Harnett Soil and Water Conservation District Office which shall be asked to provide comments, if any, to the Advisory Board prior to the date set for the Advisory Board vote on the application. Site visits may be conducted by Harnett Soil and Water Conservation District staff to determine if sound conservation management systems are being followed. Pagel2 Harnett County Agricultural Advisory Board March 16, 2015 040615 HC BOC Page 173 HARNETT COUNTY AGRICULTURAL ADVISORY BOARD 4-Under Article XI, Notification, Item A, Number 2, Posting of Notice strike "Natural Resources Conservation Service office" and add Harnett County Geographic Information System (GIS) Department website and the Harnett Soil and Water Conservation District office. When amended it shall read ... Maps and information on the location and establishment of the districts can be obtained from the Harnett County Geographic Information System (GIS) website, the Harnett Soil and Water Conservation District office, the North Carolina Cooperative Extension office, the office of the Register of Deeds, or the County Planning office. Cindy Johnson moved to submit the ordinance amendments to the Commissioners as proposed. Brian Stafford seconded the motion and the motion carried unanimously. New Business: V AD Application -L.D. Black shared that 3 applications for the V AD had been submitted and meet acceptance requirements. Applicant Date Received Application Number Acres John Gross 11/13/2014 1-2015 301.6 Brian Stafford 2/27/2015 2-2015 150.64 David Etheridge 2/27/2015 3-2015 45.28 Total 496.98 Discussion was conducted on the applications presented. Dudley Langdon moved to accept the applications as presented. C.H. Johnson seconded the motion and the motion carried. Notification letters will be sent to applicants upon recording with the Register of Deeds. With no further business being brought before the Board, R.H. Byrd moved to adjourn. Brian Stafford seconded the motion and the motion carried. The meeting adjourned at 7:55pm. 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