03191990
231
HARNETT COUNTY BOARD OF CO~~1ISSIONERS REGULAR MEETING, MARCH 19, 1990
The Harnett County Board of Commissioners met in regular session on Monday,
March 19, 1990, in the County Office Building, Lillington, North Carolina,
with the following members present: Rudy Collins, Bill Shaw, Mack Reid
I Hudson, Mayo Smith, and Chairman Lloyd G. Stewart presiding. Others present
were W. Glenn Johnson, County Attorney; Vanessa W. Young, Clerk to the Board;
and Kay S. Blanchard, Recording Secretary. Dallas H. Pope, County Manager was
absent.
Chairman stewart called the meeting to order at 7 p.m.
Commissioner Smith offered the invocation.
Commissioner Smith moved for the approval of the minutes of the regular
meeting, March 5, 1990. Commissioner Collins seconded the motion and it
passed with a unanimous vote.
SOUTffiiEST W & S Chairman Stewart called to order a meeting of the Harnett County Board of
DISTRICT MEETING Commissioners sitting as the governing body of the Southwest Water and Sewer
District of Harnett County.
John M. Phelps, II, Public Utilities Attorney, stated that the purpose of this
meeting was for presentation of a revised Letter of Conditions from the
Farmers Home Administration.
LETTER OF CONDo Willard R. Dean, Farmers Home Administration, presented and explained the
Letter of Conditions for funding for Southwest Water and Sewer District
project. Commissioner Smith moved for the adoption of a resolution accepting
the Letter of Conditions. Commissioner Shaw seconded the motion and it passed
with a unanimous vote. The resolution and related documents are copied in
full at the end of these minutes dated March 19, 1990, as document no. 1.
ADJOURNMENT OF There being no further business, the meeting of the Harnett County Board of
SOUTHWEST W & S Commissioners sitting as the governing body of the Southwest Water and Sewer
DISTRICT MEETING District of Harnett County duly adjourned.
I . Carla Stephens, Planning Director, briefed the group that there would be three
PU~LIC HEARINGS public hearings concerning applications for proposed zoning district changes
RE. PROPOSED ZONING and explained the purpose was to obtain public comments concerning the
DISTRICT CHANGES proposed zoning district changes.
KENNETH HOLLAND Chairman Stewart called to order a public hearing concerning application for
. Kenneth and Sue Holland from RA-30 Zoning District to RA-20M Zoning District,
Black River Township, 34 acres located on S. R. 1535. Carla Stephens,
Planning Director, presented the application to the Board. Chairman Stewart
opened the meeting for public comments. No comments were offered. Chairman
Stew~rt closed the public hearing concerning application for proposed zoning
district change for Kenneth and Sue Holland.
NORMAN F. LEWIS Chairman Stewart called to order a public hearing concerning application for
tlorman F. Lewis Jr. from RA-30 Zoning District to RA-20R Zoning District,
6.5 acres located in Neill's Creek Township on S. R. 1006 & NC 27. Carla
Stephens, Planning Director, presented the application to the Board. Chairman
Stewart opened the meeting for public comments. Comments were received from
the following citizens:
1. Norman Frank Lewis, Lillington for
2. Reid Upchurch, Rt. 1, Lillington against
3. Gene Stewart, Rt. 1, Lillington against
4. Johnnie Byrd, Rt. 1, Lillington against
5. Faye Upchurch Smith, Rt. 1, Lillington against
Chairman Stewart closed the public hearing concerning application for proposed
zoning district change for Norman F. Lewis.
I ROBERT SEARLES Chairman Stewart called to order a public hearing concerning application for
Robert and Alexandria Searles, from RA-20R Zoning District to RA-20M Zoning
District, 10 acres located in Johnsonville Township on S. R. 1111. Carla
Stephens, Planning Director, presented the application to the Board. Chairman
Stewart opened the meeting for public comments. No comments were offered.
Chairman Stewart closed the public hearing concerning application for proposed
zoning district change for Robert and Alexandria Searles.
Chairman Stewart called to order a public hearing concerning application for
DARNELL TAYLOR Darnell Taylor, from Commercial Zoning District to RA-30 Zoning District, 20
acres located in Upper Little River Township on S. R. 1274. Chairman stewart
opened the meeting for public c...", ents. Comments were received from Mr.
Darnell Taylor, applicant. Chairman Stewart closed the public hearing
concerning application for proposed zoning district change for Darnell Taylor.
232
ROY WAGNER Chairman stewart called to order a public hearing concerning application for
Roy Wagner, from Commercial Zoning District to RA-30 Zoning District, 12 acres
located in Upper Little River Township on Hwy 421. Chairman stewart opened
the meeting for public comments. No comments were offered. Chairman stewart
closed the public hearing concerning application for proposed zoning district
change for Roy Wagner.
CONSIDERATION OF The Board considered the following applications for zoning district change:
ZONING CHANGE I
APPLICATIONS 1- Kenneth and Sue Holland, from RA-30 Zoning District to RA-20M Zoning
District. The Planning Board recommended approval of the
KENNETH HOLLAND application. Commissioner Collins moved for the approval of the
zoning district change application request. Commissioner Smith
seconded the motion and it passed with a unanimous vote.
NORMAN F. LEWIS 2. Norman F. Lewis, from RA-30 Zoning District to RA-20R Zoning
District. The Planning Board recommended approval of the
application. Commissioner Hudson moved that the zoning district
changed application request be denied. Commissioner Collins seconded
the motion and it passed with a unanimous vote.
3. Robert and Alexandria Searles, from RA-30R Zoning District to RA-20M
ROBERT SEARLES Zoning District. The Planning Board recommended approval of the
application. Commissioner Smith moved for the approval of the
zoning district change application request. Commissioner Shaw
seconded the motion and it passed with a unanimous vote.
DARNELL TAYLOR 4. Darnell Taylor, from Commercial Zoning District to RA-30 Zoning
District. The Planning Board recommended approval of the
application. Commissioner Hudson moved for the approval of the
zoning district change application request. Commissioner Collins
seconded the motion and it passed with a unanimous vote.
ROY WAGNER 5. Roy Wagner, from Commercial Zoning District to RA-30 Zoning District.
The Planning Board recommended approval of the application.
Commissioner Hudson moved for the appro~Tal of the zoning district
change application request. Commissioner Smith seconded the motion
and it passed with a unanimous vote.
Chairman Stewart called to order a public hearing on Amendment to Harnett I
PUBLIC HEARING County Subdivision Regulations. Carla Stephens, Planning Director, briefed
RE: AMEND. TO the group on the proposed amendment to the Subdivision Regulations. Chairman
SUBDIV. REGS. Stewart opened the meeting for public comments. No comments were offered.
Chairman Stewart closed the public hearing on Amendment to Harnett County
Subdivision Regulations.
CONSIDERATION OF Carla Stephens, Planning Director, presented for consideration an Ordinance
AMEND. TO SUBDIV. Amending an Ordinance Entitled Subdivision Regulations for Harnett County,
REGS. North Carolina Adopted April 4, 1977. Commissioner Smith moved for the
adoption of the ordinance. Commissioner Shaw seconded the motion and it
passed with a unanimous vote. The ordinance is copied in full the the Harnett
County Ordinance Book 1, page . I
SUBDIV. PLAT FOR Carla Stephens, presented a subdivision plat for Kennedy Acres, owner - Ronnie
KENNEDY ACRES Pryor, 17 lots located in Grove Township on S. R. 1769. Commissioner Hudson
moved for the approval of the subdivision plat. Commissioner Smith seconded
the motion and it passed with a unanimous vote.
PROPOSALS FOR Gayle P. Holder, Register of Deeds, briefed the Board that the General
REG. OF DEEDS Statutes requires that certain books of records in the Register of Deeds
VAULT STORAGE office be stored in a vault. Ms. Holder presented two proposals for vault
storage. The Board requested that Commissioner Shaw work with Ms. Holder and
the County Attorney on this project and that a proposal be presented to the
Board at its next regular Board meeting.
REQUEST TO DESTROY Vanessa W. Young, Finance Officer, requested approval to destroy old bonds,
OLD BONDS IN notes and coupons currently stored the the Finance office. After discussion,
FINANCE OFFICE the Board tabled the matter. \
LETTER FROM W. Glenn Johnson, County Attorney, briefed the Board that he had received a I
WILDLIFE COMM. letter from the North Carolina Wildlife Resources Commission concerning
RE: SPOTLIGHTING spotlighting of deer in Harnett County. The letter stated "At its meeting on
OF DEER March 6, 1990, the Wildlife Resources Commission adopted the enclosed
regulation to include Harnett County in the list of counties prohibiting
shining lights on deer between the hours of one-half hour after sunset and
one-half hour before sunrise. This regulation has been filed with the
Administrative Rules Review Commission for review. Upon their approval, it
will be filed with the Office of Administrative Hearings for an effective date
of June 1, 1990." The attachment indicated that the regulation applies to the
entire county.
RESOL. AMENDING Jerry T. Blanchard, Transportation and Procurement Director, presented a
TRANS. DEV. PLAN Resolution Amending the Transportation Development Plan for Harnett County,
FOR HARNETT COUNTY
--',"
't::
233
North Carolina Approved February 15, 1988. Commissioner Smith moved for the
adoption of the resolution. Commissioner Shaw seconded the motion and it
passed with a unanimous vote. The resolution is copied in full at the end of
these minutes dated March 19, 1990, as document no. 2.
I AGREEMENT BETWEEN Jerry T. Blanchard, Transportation and Procurement Director, presented an
H.C. SENIOR CIT. & agreement between Harnett County Council for Senior Citizens, Inc. and the
THE COUNTY OF HARNETT County of Harnett. Commissioner Shaw moved for the approval of the agreement.
Commissioner Smith seconded the motion and it passed with a unanimous vote.
The agreement is copied in full at the end of these minutes dated March 19,
1990, as document no. 3.
RESOLUTION AWARDING Rodney M. Tart, Public Utilities Director, presented a Resolution Awarding
CONTRACT FOR TANK Contract (Elevated Tank Painting Project). Commissioner Hudson moved for the
PAINTING adoption of the resolution. Commissioner Shaw seconded the mot~on and it
passed with a unanimous vote. The resolution is copied in full at the end of
these minutes dated March 19, 1990, as document no. 4.
Rodney M. Tart, Public Utilities Director, presented a briefing update on the
SCADA project.
Shirley Jernigan, Social Services Department, requested a reclassification of
state personnel position number 18540319 from a Social Work I, 63A to a Social
Worker II, 66A. The Board tabled the matter.
REPORTS Monthly reports for February were filed with the Board from Industrial
Development, Agricultural Extension, Health Department,and Planning
Department. Also filed with the Board was the Transportation Activities
Report for
F.Y. 1989-90.
SCHEDULE FOR BOARD Bobby Wicker, Tax Administrator, reported to the Board on the Revaluation
OF E & R program and presented a schedule for the Board of Equalization and Review to
hear and review appeals of 1990 tax listings and valuation. Commissioner Shaw
moved for the approval of the following schedule for the Equalization and
I Review meetings:
April 10, 12, 17, 19, 24, and 26
9 a.m. until noon
Commissioner Smith seconded the motion and it passed with a unanimous vote.
Rodney M. Tart, Public Utilities Director, requested the following budget
BUDGET AMENDMENTS amendment for Public Utilities:
Code 30-9100-045 Contracted Services 1,050. increase
30-9100-054 Insurance & Bonds 1,050. decrease
Commissioner Shaw moved for the approval of the budget amendment.
Commissioner Smith seconded the motion and it passed with a unanimous vote.
Vanessa W. Young, Finance Officer, requested the following budget amendment
for the Finance Department:
Code 10-4400-011 Telephone & Postage 2,200. increase
Revenue: 10-3990-000 Fund Balance Appropriated 2,200. increase
Commissioner Smith moved for the approval of the budget amendment.
Commissioner Hudson seconded the motion and it passed with a unanimous vote.
Vanessa W. Young, Finance Officer, requested the following budget amendment
for Public Assistance:
Code 10-7710-143 County Initiated - AFDC 8,000. increase
10-7710-152 Adoption Assistance IV-B 1, 570. increase
I 10-77l0-153 Adoption Assistance IV-E 1,100. increase
10-77l0-142 Medicaid 2,670. decrease
Revenue: 10-3990-000 Fund Balance Appropriated 8,000. increase
Commissioner Collins moved for the approval of the budget amendment.
Commissioner Smith seconded the motion and it passed w~th a unanimous vote.
Vanessa W. Young, Finance Officer, requested the following budget amendment
for Public Assistance:
Code 10-7710-150 CP&L Project Share 1,964. increase
Revenue: 10-3480-009 Crisis/CP&L Return 1,964. increase
Commissioner Collins moved for th~ approval of the budget amendment.
Commissioner Shaw seconded the me-lion and it passed with a unanimous vote.
234
Vanessa W. Young, Finance Officer, requested the following budget amendment
for Emergency Medical Services:
Code 10-5400-031 Automotive Supplies 3,500. increase
Revenue: 10-3990-000 Fund Balance Appropriated 3,500. increase
Commissioner Smith moved for the approval of the budget amendment. I
Commissioner Hudson seconded the motion and it passed with a unanimous vote.
Vanessa W. Young, Finance Officer, requested the following budget amendment
for the Sheriff's Department:
Code 10-5100-036 Uniforms 3,038. increase
10-5100-074 Capital Outlay-Equipment 3,038. decrease
Commissioner Collins moved for the approval of the budget amendment.
Commissioner Smith seconded the motion and it passed with a unanimous vote.
Vanessa W. Young, Finance Officer, requested the following budget amendment
for Public Buildings:
Code 10-5000-073 Capital Outlay-Other Improvements 3,741. increase
Revenue: 10-3990-000 Fund Balance Appropriated 3,741. increase
Commissioner Smith moved for the approval of the budget amendment.
Commissioner Hudson seconded the motion and it passed with a unanimous vote.
Vanessa W. Young, Finance Officer, requested the following budget amendment
for Education and Special Districts:
Code 10-8700-113 Special School District 112,000. decrease
10-8600-105 Special School District 112,000. increase
commissioner Smith moved for the approval of the budget amendment.
Commissioner Hudson seconded the motion and it passed with a unanimous vote.
Vanessa W. Young, Finance Officer, requested the following budget amendments: I
Industrial Development
Code 10-7250-002 Salaries & Wages 61. increase
10-7250-005 F.I.C.A. Tax Expense 5. increase
10-7250-007 Retirement Expense 3. increase
Rellenue: 10-3670-003 Emergency Response Planning Refund 69. increase
Emerqency Manaqement
Code 10-5250-002 Salaries & Wages 276. increase
10-5250-005 F.I.C.A. Tax Expense 21. increase
10-5250-007 Retirement Expense 14. increase
Revenue: 10-3670-003 Emergency Response Planning Refund 311. increase
Administration
Code 10-4200-002 Salaries & Wages 373. increase
10-4200-005 F.I.C.A. Tax Expense 28. increase
10-4200-007 Retirement Expense 19. increase
Revenue: 10-3670-003 Emergency Response Planning Refund 420. increase
Youth Services
Code 10-7730-002 Salaries & Wages 124. increase
10-7730-005 F.I.C.A. Tax Expense 8. increase
10-7730-007 Retirement Expense 7. increase
Revenue: 10-3670-003 Emergency Response Planning Refund 139. increase
Commissioner Smith moved for the approval of the above listed budget
amendments. Commissioner Hudson seconded the motion and it passed with a
unanimous vote.
Vanessa W. Young, Finance Officer, requested the following budget amendment I
for Social Services:
Code 10-7700-002 Salaries & Wages 55,784. decrease
10-7700-003 Salaries & Wages-Part-time 55,784. increase
Commissioner Smith moved for the approval of the budget amendment.
Commissioner Collins seconded the motion and it passed with a unanimous vote.
EXECUTIVE SESSION Commissioner Shaw made a motion to go into executive session. Commissioner
Collins seconded the motion and it passed with a unanimous vote.
Commissioner Shaw made a motion to come out of executive session.
Commissioner Collins seconded the motion and it passed with a unanimous vote.
235
CONTRACT WITH TERRELL Commissioner Smith made a motion that the Chairman be authorized to execute a
SHAW FOR PL~1BING contract with Terrell Shaw for plumbinq service to repair cooling tower at the
SERVICE TO REPAIR courthouse upon approval by the County Attorney. Commissioner Collins
COOLING TOWER AT seconded the motion and it passed with a unanimous vote.
I COURTHOUSE the Harnett County Board of Commissioners
There beinq no further business,
ADJOURNMENT regular meetinq, March 19, 1990, duly adjourned at 10:10 p.m.
, ?6l !2a!~
J~/ L. &~
Kay S. Blanchard, Recording Secretary
L~. ~;.~
Vanessa W. Young, Clert to'th Board
DOCUMENT NO. 1.
FmiPr
USDA-FmHA Po,'Uon J
Form FmHA 40().4
(Rev. 8.29.79) ASSURANCE AGREEMENT
(Under Title VI, ~ RJahts Act of 1964)
I The Southwest Water and Sewer District
(__ 01 nclple1lr) .
P.O. Box 760, Lillington, HC 27546
~d~n) .
("Recipient". herein) hereby assures the U. S. Department of Aarlculture that Recipient is in compliance with and will
continue to comply with TItle VI of the Civil RJahts Act of 1964 (42 use 2000d et. seq.), 7 CFR Part IS, and Farmers
Home Administration replatlona plomulpted thereunder. 7 C.F.R. 11901.202. In accordance with that Act and the
regulations referred to aboW!, Recipient alfleS that In conoectlon with any program or activity for which Recipient receives
Federal financial aalstance (as auch term Is defined In 7 C.F.R. 114.2) no penon in the United States shan, on the ground of
race, color, or national orilin, be excluded from participation In, be denied the benefits of, or be otherwise subjected to
discrimination.
I. Recipient agrees that any transfer of any aided faclUty, other than personal property, by sale, lease or other
COftwyance otc:ontract, sha11 be. and sha11 be made expresaly, subject to the obUptions of this agreement and
transferee's assumption thereof.
2. Recipient shall:
(a) Keep such records and submit to the GoW!rnment such timely, complete, and accurate information as the
Government may determine to be necesary to ascertain our/my compliance with this agreement and the regulations.
(b) Permit access by authorized employees of the Farmers Home Administration or the U.S. Department of
Apiculture durlnl nonnal business hours to such books, records. accounts and other sources of Information and Its
faciUtles as may be pertinent to ascertalnlnl such compliance.
(c) Make available to lllers, participants, beneficiaries and other Interested persons such Information reprdlng the
(i.OvlslonS of this qreement and the reluJadOfll, and In such manner II the Farmers Home Administration or the
.s. Department of Asrlculture finds neceaary to Inform such persons of the protection assured them aplnst
dlac:rlmlnatlon.
3. The obUgatlons of this agreement shaD continue:
(a) As to any real property, Including any structure, acqulred or Improved with the aid of the Fede..allinancial
assistance, so long as such real property Is llled for the purpote for which the Federal financial assistance is made
or for another I::pote which a!Tords similar services or benefits, or for along a the Recipient retains ownership or
poaeulon of t property, whichewr Is 10nFr.
(b) As to any personal property acquired or Improved with the aid of the Federal financial assistance, so long as
Recipient retains ownership or pouesslon of the .'. '.' .. .ty.
(c) As to any other aided facUlty or activity, until the last advance of funds under the lOin or grant has been made.
4. Upon any breach or violation of this agreement the Government may, at Its option:
<a) Terminate or refuse to render or cClntlnue financial assistance for the aid of the property, facility, project,
service or activity.
(b) Enforce this agreement by suit for specific performance or by any other available remedy under the laws of
I the United States or the State In which the breach or violation occurs.
Rights and remedies provided for under this alP'eement shall be cumulative.
In witness whereof, ___~E..uthwest Water and Sewer District - ---. on this
(_ or _"..."e)
date has caused this agreement to be executed by Its duly authorized officers and Its seal affixed hereto, or, if a natural
person, has hereunto executed this agreement.
Southwest Water and Sewer District
(S E A l) HrclP/ei;T
March 19. 1990
,,-- Cbairun ~ )j ~. - L... - Otlrt
-J I'i/ .~..!'d;:i__-"'fii1t_.
Attest: ~ 'tU. ~
CLert 1 In
BY:
----..-..---- Recipient
236
;;" (
FORM APPROVED
UNITED STATES DEPAR1'IIENT OF AGRICULTURE OMB No, 057S.{)018
APPROVAL EXPIRES 4/84
Form FmHA 400-1
(Rev. 7-19-83) FM..~ HOllE ADIINISTRATlON
EQUAL OPPORTUNITY AGREEMENT
This agreement, dated ._..,J!:!!.~..c.:.h..J,~"....!~J..Q ,._.._,...,._.._..,......._....,.,.....................'..'...............,......,..,....,.......,.. bet ween I
Southwest Water and Sewer District
.---- ...-...--...--....--..- --....-..............-......-....---...---..---..-...........-..---..-..-....-.......-...-.............-...-.......-..-.....--........-...--............-.....
(herein called "Recipient" whether one or more) and the Farmers Home Administration, United States Department of
Agriculture, pursuant to the rules and regulations of the Secretary of Labor (herein called the 'Secretary') Issued under the
autbority of Executive Order 11246, as amended, witnesseth:
In consideration of financial assistance (whether by a loan, grant, loan guaranty, or other form of financial assistance)
made or to be made by the Farmers Home Administration to Recipient, Recipient hereby agrees, if the cash cost of construction
work performed by Recipient or a construction contract financed with such financial assistance exceeds SlO,OOO--unless
exempted by rules, regulations or orders of the Secretary of Labor issued persuant to Section 204 of Executive Order 11246 of
September 24, 1965.
1. To Incorporate or cause to be incorporated into any contract for construction work, or modification thereof, subject
to the relevaat rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid
for in whole or in part with the aid of such finaacial assistance, the following "Equal Opportunity Clause":
During the performance of this contract, the contractor agrees as follows:
(a) The coatractor win not discriminate agsinst any employee or applicant for employment because of race, color,
religion, sex or national origin. The contractor wUl take affIrmative action to ensure that applicants are employed,
and that employeea are treated during employment, without regard to their race, color, religion, sex or national
origin. Such action shall Include, but not he limited, to the following: employment, upgrading, demotion or transfer;
recruitment .>r recruitment advertising; layoff or termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post In conspicuous places, available
to employees and applicants for employment, notices to he provided by the Farmers Home Administration setting
forth the provisions of this nondiscrimination clause.
(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qnalifled applicants will receive consideration for employment without regard to race, color, religion,
sex or national origin.
(e) The contractor will send to each lahor union or representative of workers with which he has a collective bargaining
agreement or other contract or understanding, a notice, to he provided by the Farmers Home Administration,
advising the said labor union or wodters' representative of the contractor's commitments under this agreement as
required pursuaat to section 202(3)- of Executive Order 11246 of September 24, 1965, and shall post copies of the
notice In conspicuous places available to employees and applicants for employment.
(d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of all rules,
regnlations and relevant orders of the Secretary of Labor and of any prior authority which remain in effect.
<el The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,
rules, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the
Farmers Home Adminiatration, Office of Equal Opportunity, U. S. Department of Agriculture, and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(0 In the event of the contractor's noncompliance with the Equal Opportunity (Federally Assisted Construction) clause
or with aay of the said rules, reglliatlons, or orders, this contract may be cancelled, terminated, or suspended in
whole or in part and the contractor may he declared Ineligible for further Government Contracts or Federally Assisted
construction contracts in accordance with prncedures authorized in Executive Order No. 11246 of September 24, 1965,
and such other sanctions may he imposed and remedies invoked as provided in Executive Order No. 11246 of
Septemher 24, 1965, or by rule, regnlation or order of the Secretary of Labor, or as provided by Law. I
(g) The contractor will Include the provisions of this Equal Opportunity (Federally Assisted Construction) clause in
every subcontract or purchase order, uuless exempted by the rules, regulations, or orders of the Secretary of Labor
Issued pursuant to Section 204 of Executive Order No. 11246 of Sept,ember 24, 1965, so that such provisions will
he binding upon each such subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the Farmers Home Administration may direct as a means of enforcing such
provisions, including sanctions for n.".. ,pliance: ~ 1IIlmw:r, that in the event the contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the
Farmers Home Administration, the contractor may request the United States to enter into such litigation to protect
the interest of the United States.
2. To he bound by the provisions of the Equal Opportunity Cla. in construction work performed by Recipient and paid
for in whole or in part with the aid of such finaacial auiataace.
3. To notify all prospective contractors to file the reqaired 'CompHance Statement', Form FHA 400-6, with their bids.
4. Form AD-425, Instructions to Contractors, will a.."" my the notice of award of the contract.
Bid conditions for all nonexempt Federal ud Federally assisted construction contracts require inclusion of the appropriate
"Hometown" or "Imposed" plaa affirmative action aad ecpal employment opportunity requirements. All bidders must comply
with the bid conditions contained in the invitation to be conaidered ,.,,', .,lible bidders and hence eligible for the award.
5. To assiat and cooperate actively with the Fanners Home Aclmiaistration aad tbe Secretary In obtaining the compliance
of contractors aad subcontractors with the provisions of the Equal C"" .." ,,' Ity Clause aad the said rules, regulations, and
orders, to obtain and famish to the Farmers Home Administration aad the Secretary, Form AD-560, Certification of
~onsegr~gared Facilities, to ~bmit the Mo~thly Employment Utilization Report, Porm CC257. as required and such other
mformatlon as they may reqwre the ~pefYislon of such compUance Uld to othenrile BIIist the Panners Home Administra-
tion In the discharge of its primary responsibility for securing compnm;ce.
6. To refrain from enterillg into any contract, or extension or other modification of a contract, subject to such Executive
Order with a contractor debarred from Government contracts or federally asaisted construction contracts purauaat to Part II,
Subpart D, of such Executive Order or to prior authority; aad to carry oat such sanctions and penalties for vlolation of the
provisions of the Equal Opportunity Clause as may he imposed 1I(IOIl contractors and subcontractors by the Farmers Home
Administration or the Seaetary pursuaat to such Subpart D.
7. That If Recipient fails or refuses to comply with these undertakings, the Farmers Home Administration may take any
or all of the following actions: (a) cancel, terminate, or suspend said finaacial assistance in whole or in part. (b) refrain
Crom extending any further assistaace under the p , .It"'" Involved untU satisfactory assurance of Cuture complianc~ has been
received from Recipient; aad (c) refer the case to the Office of Equal Opportunity, U. S. Department of Agriculture for
'."'" ,!' ate action.
Witness the due execution hereof by Recipient on this, the eWe firat above written.
Recipient Recipient
Southwest Water and Sewer District I
tCORPORIsTE SEAL) Name of Corporate Recipient
.._, ~ 1;J :t~~ By ;:!R~./:1 /MwYt-JL-
- ) Chairman.-&I
Cler
;"-"'~CF-'.;'l') ." -"..,
237
Fwt~
USDA-FmHA Poritioll J Schedule 1
Form FmHA 442.7 OPERATING BUDGET
(Rev. 8-12.76)
Name . Addre..
Southwest Water & Sewer District P.O. Box 760. Lillin~ton
Applicant FItcal Year County I State (Inc:lauUft' ZIP Code)
From 7-1 To 6-30 Barlett North Carolina 27546
.J' 88-89 - l' 89-90 l' 19 I Pm FliP Vear
OPERATING INOOME (1) (2) (3) (4) (5)
I 1. Water Sales 226,937 338.712
2.
3.
4.
5. Milc:eUaneous
6. Leu: ~~ce. and ( )( )( ) : ) ( )
uc:t101\1
7. Total ~tine Income 226,937 338,712
(Add e.l t rolllh 6)
OPERATING EXPENSES
8. Salaries/Travel 22.000 22,000
9. In8urance/Audit 4,000 4,000
loPffice Expenses ').000 5,000
IIPtilities/TRans~ort R.OOO 12,000
12~int. & Repair I.. zgn 7.000
13.Chem. Supplies/Misc. 3,400 5,000
14. Bulk Water Pur 72.000 107.000
15. Interelt (PmHA) 106.000 158.813
16. Depreciation I.cL600 74.000
17. Tot~~ratind:~1IIe ?H 1Qfl 394.813
(Ad e.8 16)
18. NET OPERATING INCOME (48.163) (')6,10])
(LOSS) (Une 7 leu 17)
NONOPERATING INOOME
19.
20.
21. T~ NOIl~ Income
( 19 20)
22. NET INCOME (~SS!
(Add Linea 18 an 21
(tran.fer to line A Schedule (~Ra11 (56,101)
I ')\
Br Projec:te~ Cuh Plow Ar r" ." .d by Goftming Body
Atte.t:~ 'tL1 .~~rL f ":i' -/9 - 9(')
(} er MfdII;I. Date
Appro,m.te Ofllclitl Date
Schedule 2
PROJECTED CASH FLOW
19 88-89 19jQ-QO Fir.t
19 10 Fun Vear
A. Une 22 from Schedule 1 Income (10") (48.163) lli 1n1 '-
D4ll
B. Items in OPeration. not Re9uir~ Cuh: ,
1. Depredation (line 16 Schedule 1) 49,600 }4.00L
2. Other.'
C. Cub Provided From:
1. r... .,. ~ from FmHA loan/grant 3,760,00 I
2. Proceecli nom other.
: 3. Increa.. (Deereue) in Ac:c:ountl Payable, Acc:ruaIa
and other Cunent Liabilltie.
, 4. Decrease (Increale) in Ac:c:ounti Receiftble, Inftntorie.
and '1her Current ~ Md. Cash\ 68.00 I
s. Other: ppl. Contri u
6. . Sale Ban 2.541.00 I
D. Total an A, Band C Items 2.60'9.001 Ii. 761.43' 17,899
E. Leu: Cuh Exoended for:
r.-AlI Collltl'Ucdon, Equipment and New Capital Items 1,914,0041. 914 .0011
(loan and Grant fundal
2. Replacement and Additiona to Exiatlng Property,
Plant and Equipment
I 3. Principal Payment FmHA Loan
4. Principal P1ment <>ft'~ Loan.
S. Other. epay ,."4.00.~
6. Total E 1 through S . . LJt."" 17.635
Add
F. ;;;oning Cuh Balance. 695.00
G. Ending Cuh Balance. (Total of D MinUl E 6 Plus F) ~ fiq'i~111 1.43 I , I " ?,fi/A-
Item G Ca.h Balance. CompO.ed of:
CoIlltRaion Ac:c:ount I 695&2U I I I
ReftRue Ac:c:ount
Debt Payment Ac:c:oUllt
oacM Account L~ 264
Re.erft Ac:c:ount
Funded Depredation Account
Otherr'
Total . Agree. with Item G S 695,,001 S 1,4,3:~ ,. ,.,. S 264
1 \ .,.,
238
FORM APPROVED rmnr
Form FmHA 1942-31 OMB No, 0575~O74
(4-85) L.......... STATES DEPARTMENT OF AGRICULnJRE Expiralion dale av.i1able upon 'equesl.
, FARMERS IIOMF. ADt.tlNlSTRATtON
ASSOCIATION WATER OR SEWER SVST~M GRANT AGREEMENT
nus AGREEMENT date.! March L9 ......._....._.... t9 ,~.2,... . belween . -.---
Southwest Water and Sewer Distric:~gJ_..!!!E~~.~,t..,<;:~~,~;Y...,.......,_....__.n____n.._____._
.. . Article 162-A of the G.~,~!!.~,~,..~_~~,~~=.~,_<<?~~h_~_ I
a puhUc corporanon oraanlZed and operatUlg under n_._n._.._..._n........................_..'...
State of North Carolina _.____..__........_......_.. _... __n__ .. .......________ ---.. ..----..-............-........--..---.
(A..thDrizlnl Std""')
herelD called "Grantee," and Ihe United States of Amrrica aCling tlumlgh Ih~ Farmers liome Administration, Depanment of
Apiculture, herein called "Grantor," WITNESSETH:
WHEUAS
Grantee .baa ~termiDed to undertake a project of acquisilion. conslruction. enlargemenl. or capital improvement of a (water)
t~,iI JI,to:~m' to sene die aru under ita juriadiction u an estimated cosl oU ,_!!.. 828 ,.00.0.00 ___ and has duly authorized
dae wuIaca.klDa of auda project.
Grantee II .Ie to flDance not more than S 2.687,000. O.!!-___ of Ihe developmenl costs Ihrough revenues. charges.
raza or ...........ta, or funds otherwise available to Grantee resulting in a reasonable user cbarge.
Said sum of S 2.681.000. haa been committed 10 and by Granlee for such projecl development costs.
Graneor haa aareed to craot tbe Grantee a aum not to exceed S .L_t4J...Q.<!Q,,,-129or _...J.(L..~J_,_.__ percent of said develop-
meJlt COItI, whichever is the leaser. subject 10 Ihe terms and condilions established by the Granlor. Provided, however. thai
the proportionate .hare of any crant funds actually advanced and not needed for grant purposes shall be returned immediately
to the Grantor. The Grantor may temUnate the grant in whole. or in part. al any time before Ihe dale of complelion. when.
ever Ie ), determined that the Grantee haa (ailed to comply with the condilions of the granl.
NOW, THEaEFOaB, In consideration of said granl by Granlor to Granlee, to be made pursuanl 10 Section 306 (a) of
the ~..olidated Farm and Rural Development ACI for the purpose ollly of defraying a pari nol 10 exceed _~.?:_~!__
percent of the deftlopment costl, aa defaned by applicable Farmers Home Administration instructions.
GRANTEE AGREES THAT GRANTEE WILL:
A. Cauae aaid project to b. constructed wilhin the lotal sums available 10 il. includillg said grant. in accotdance with the
project piau uullpedflcatioDl and any modificationl thereof prepared by Granlee and approved by Granlor.
B. Pumic periodic inspection of tbe construction by a represenlative of Grantor during construction,
C. Comply with all applicable Itate and (ederallaws and regulation, and manage. operate and maintain Ihe system. includ. I
lna thla r';'" If'l_ tlaan die wbole oC said .y.tem. continuously in an efficient and economical manner.
D. Make the aemcea'of,aid 'Yltem available within ita capacity 10 all persons in Grantee's service area withoul discdmina-
doll U to race, color, rellalon, ses, nadonal 0.. ace, marital status, or physical or mental handicap (polless capacity to
eater Into lep1 concracc for .emcea) at re_ble charges, including ....ssments. tua, or fees in accordance with a schedule
o( aoch c:Larpa. whether for one or more elaues o( setvi". adopted by resolUlion date March 19 .19 90 . aa m:ay
... medUled from dID. to tilfte by Grantee. The lniti.al raU .chedule musI be approved by Grantor. Therufter. Grantee may
mili such modiflcadons to the rate system as lonl u the rate schedule remains reuonable and nondi.criminatory.
l. 'tII. In'Mmetlon eollect... th'OUlh .h. lrent ............ II requlr'" to obtlln . conltluc.lon d...loom.nt gr.nt Ind I. ulld to I
""",,1M tMt tM lrent funcll .r. u."<I 101 .uthorl.'" p,ogr.m pu,po_,
Eo Adjuat ita oPel'atinl costa and service chlJ'ges from lime 10 11I1IC 10 provide Iv. ~dc'lu~h' "peration ~nd maintenance.
emeflCncy repair reservel, obsolescence reserves. debl .crvicc A'HI debl ,cl\'i~e 'eser'les.
F. Espand lu syltem from time to time to meet r"asOIl~hl)' anli.il'ah.d ItfUwlh or ,,'rvicr "''luirem"nu ill Ihe area within
ita juriadktion.
G. Provide Grantor with such periodic reporu as il ,n;oy r"'luire allJ P"rlllil p"riudi< illsp"~lion of ils operations by a
representative of the Grllltor.
H. To esecute Forml FmHA 400.1. "Equal OppullunilY Ap,reemclll:' ~Ild FIIlHA .HIO 0\. .. Auurance Agreemenc:' and
any other alfeementa required by Grantor which Granlee is Irg;olly ..Illh...j,..d II. ex,',,",', If .my such forms have been
executed by' Grantee II a tesult of a loan being made In G'.lIle.. In- I;ralltllr tl'"Il'IllI','r.,,"'nll<ly with the nl~ldnK nf Ihis
Grant, another form of the same Iype need not be ex"<lIle,1 in ((llIne, Ii.." wilh thi, (:""11,
I. Upon any default under its representalions or agreements set fouh in Ihis jnsl,ulI\enl. or ill the instrumenu incident to
dI. ._~ of dloa paDt. Grantee. at the oplion and demand of Gralltlll, 10 Ihe cxt.."1 ICSAII)' permiuible. will repar. 10
pntor fo wieh the orilinal amount of Ihe grant received with the inh'resl accruin!: lh,....nn from Ihe dale of defau t al
the market rate for water and waste disposal loan assillallce in ....feet "" Ihe dale her"nl or al Ihe linle Ihe default occurred.
whichever is J:&ter. Default by tbe Grantee will conslilUle lermination nf Ihe granl Ihereby causing cancellalion of Federal
auiatasll:oa un er the srant. The provisions of this Granl Agreemenl m.y be enforced by Grantor. at its option and without
reprd to ror waiven by it of previous defaulu of Gr~nlee. hy judiciall'rocrt.dilllls III lequi,e <pecirlC performance of the
term. or ia Grant ^srcemenr or by such olher pruc"eJillp;s ill law", ,',!"iIY. in ciell,., Fed,...1 III Slale couru. as may be
deemed neceu::z by Grantor to lISure compliance with Ihe provi,i,,", of ,his Gr;olll AIl,,,,'llIelll and Ihe laws and regula.
tionl under whi, thb grant b made,
J. Retum hnmecliately 10 Grantor. as required by Ihe r""ulalions ..I (;r.",,,r. .ny ~ra'" fund. aClually adv,"crd and nOI
needed by Grantee for approved purpoaes.
L U.e the real property including land. land improvements. Slrll~tll'''', ~lId appurtenanres Iherclo. for aUlhorized pur,
poses of die crant u lonl u needed.
1. Tide to real property shaD vesl in Ihe recipienr subjecI 10 Ih,' ","ditinn tlulI tilL' t;,~ntc,' .hall use Ihe re~l properl)'
for the authorized purpose of the origillal granl as 1011(1 as lI"eded, I
2. The Grantee shall obtain approval by Ihe Gralllor ap;ellcl 1m ,h.. use of ,he rc.1 prop,'rly in olher projects when
tile Grantee determinea that the property is no longrr nee,led or tilt, ..rigillal gralll purposcs. Use in other projects shall
be Umited to Ihose under other Federal Irani prograllls fir progr;IIl15 Ih~1 Irave purpllses COlIsiSlell1 wilh Ihme ~ulhorized
for aUppo" by the Grantor.
3. When the real property is no JOllger ne"ded .. pruvidetl ill I ,llltl :! 41,,,,,,.. II... (;'~nh'" .h~ll request di.position
instructions from the Grantor alcncy or its successor Federal allellq', The Grantor ~tcc:ncy sh..ll observe Ihe f'lllowing
nales in the disposition instruction.:
(a) The Grantor may be permitted to r~tain litle ;lfte, it "tlmp"lls.us Ihe federal GovernmclIl in all .mounl com,
puted by applyinl the Federal percentage of participatioll ill Ihe ,,"I ..I' Ihe orillinal project 10 Ihe fair llI;/.rkel value
of ebe property.
Jb> The Gran... may be directed to sell the: property under ~lIiJdint's pro\'ideJ ~)' ti,e (;r"lIlor allenc)' an;! pav Ihe
F . ~ral Go~ernment an amount compuled b1. applying. lhe Fe,ler..1 percenta8" n' !'anicipati"" ill ,he: Wll <If the
oriKinal protect U) the proclaed. from sale (a ter ,leductlnR aClu..1 ~lId reasonable .c1 inK .nd fill'uP expenses. if any.
from the. sale proceedl): When tht! Grantee is '"II"";7.e,1 ,,~ ""llti,,',\ ltl ...lIlh,. P''''''',l\', I"npe, ....1"Sl'rll....dUft.. shall
be estabUshed that".. ",le for competition 10 Ihe elllenl praCII< ..101" ..nd le",1t ill 11..' hitch".II't1ssible rClurn,
(c) The Grantee may be di~ctcd 10 trans'er lille to Ihe pr"pl"I\' !II th,' Fe,fe,~1 (:fI\'t'rllIllenl prnvided t1'~1 in such
~s Ihe Gralltee shall bt! entitled to compe"s,",n, ~tlllllltlled l,y 'Pl'lyilll1lhc (j"III"e's per<"nl~!!e "f pauicip.lion
an th..: COSI of the program or projecllO Ihe <u,'elll f.ir rnalk"l \".I.H' "llh.. prol','rlY,
239
",II G,tI.1I "",,.ment co,e" the [el/Dllllnf describeJ 11'11/ "'''/''''',1' ill.. . ''''/1''111111'''' ,Ii/o',''',,,, ".'C','S,I"'!'/
tunk siteli, all pump station sites. mastl!r mt'ter \'.~1l11t sites, and all ~i~htfi-of-Wa:
All, ~ ts that ate obtained bv Southwest :,;ltcr and Sewer lJistrict "ttll!!r by
and or ~aB..en .
nesotin:ions. condemnations. or purchasE' of existlll)!. ""stem;;.
I L, Abide bJ, Ihe roUowing conditions pertaining 10 f\(l'H"p~nclabl(' !'I"""'AI i'I<'p.'ny wloit~ i. jurnish~d by Ihe (;foI.nt?r or
acquired who )' IIr in part with grant funds. Nonexpcndal,le persollai ,,"'p~rty 1ll"~I". lani!,hle pers(ln~1 property. h,a~lng 3
useful UCe o( more than one year and an acquisition co,1 \)1 S,\OO '" n,"'" \,el,'IIlIl, ^ c..'la.~tc.' Ill"Y lIse lIS own delllllllo,n of
nonexpendable personal property provided such ddinili.1I\ ""..I.! .'1 i. ..,: ;11' ill.I., "II tJn~fhlc- ""..",,:&! p"'pc'ny .s .lehned
above.
1. Use o( nonnpendable property,
(al The Grantee shall use .' property in tI.e ymie, \ j'". wlll.l, .1 \v... JC'luile,1 .s I"I\~ J' I\ceded. Whel\ no \onge~
needed (or the odain.1 . .. Grantee shOll 1I~1' .t", p"rH,:11\ :n '1l:Ifh"dIOIl With lt~ lither l'rdcrally )pOIlSored
,ctlvttlcs. if any. In th- I, 'If priorirv,
,- -
.
. J. Effectiye connol 'lYer a",1 "~~uuIII.bilir)' t.., .11111...1.. 1'''1'''''' ,.11.1 ,,' '''' " ;, ';l.lllkn, ...11..11 .Ull:C,\lI,ttdy s....te
CUard al\ such a_u and shall allUlt' tll.t tl..,y .n' .."..f ,...I,.I! I.., ,."d,,,..:,'oI I'll"...',. '
4. Accountihl records supported by source documclllaliuJI.
N. Retain linanclal records. supportilll d"Cllln~llb. >tali,tic .I.et....k ,.'''\ ..11 ,Ih.., "'. ..,.i- !".ftll,elll (" da' K"'"1 lor ~
period of at least threr years after JraJlt c1osinJ( e~'t'pl ,I.JI tI... """,1" '."..JII,. It,t.oIl1l,,i 1.0'y","IIl.c tilt.... o,'.r l.niuJ ,I
audit lindinp havr not been resolve. Microfilm ~upi... Ill.)' he "'!->lill'I'II," 1,0'1' ..I ",i..:i"~! "'""J,, Tic.. (;,allt", allJ rI'e
ComptroDer General of the United Sutes. or any ..I tlwil ,IIII.- ""t1,,.. "".1 ,.\':. '. '11 ..'," '" ,\.Iii I.."... a,. "" ,.. ,,"" bUill...
documents, papers. and records of the GraJltt'e'sgovernll..."t wl.id. .....1....''''''01 I. ,I", ':. ...i. ,.1.'"11"";:1.1111 ,.., ('." pu:p"'c
of maklncaudits. examinations. excerpt. and tran..rir",
O. Provide information u requo"Ic.cf by lit" (;""I1"C ,.. ,1.'1' "'''''' ,ill i" . ~ I ': ,: .1 ",:,! I" ,11:\ .. ... .... ,I t', "II \ I r ( 1 ~ I
men III Impact Statemellts.
P. Proyide an audit report prepafl.d ill .lIf11delll oIo'rAiI lot .00lcm rlu' . .,..11:'" , . .1, ., ""11'" .I"or 111".1, h.".' I,.,." ",...i ,,,
compliance with th~ proposal. any applk..ble I..w. allJ 1CltUl.th"" A/I,I rill' :,~',.. "" :,1
Q. Alree to account for an,J to return tn (;rilntur illh:no,t 4.':lI'lh't{ ,oil .'.'.101 t',ad... !'\: .::'1", ,lh'l: ,li...\uT,,,uh'nt t\I' r>rll!lf,un
purposes when the Crantee is a unil 01 local Auyrrnllu.'u"'t ur .. Ihlt'l'l"f:~ IIr,:.II;l:,I:: I:: "I..r., II.,! .,~nllil's or ill~tr.l!lh;nr;t!i.
ties of states shall not be held acc;oulltahle Illr illh'n'" ,'..n,,',\ "n P;1II1 ,,," ;, ;"'n,: '''" . ': .: .i ,"; ,'" .' '"l''':
R. Not encun\ber, transfer IIr tlisp.."" lof 111l' PI"P,'Il' .., .1'" 1..11 t1.,,, ,,', ' ,1<1:.;', ; I., ,1", '.,,1111..' .., .t'l.t;.. ,; ",h..jl<
or in part with Grantor funds withollllhe wrillc'n eon",," III rlu' (.' ,.",,,, ." ''1'' 'I':'" ,.i.,1 "' ".'.,,, K .n.11. .,1,.",.,
S. Include in all contracts for eonstru~tion or rcpail A pl""i,'''" I.., . ""'1':; ,"" ',\lrI, tl" t ""..!and "Anli K"k B.&lk"
Act (18 U.S.C. 874) aa supplementl.tl ill Dc.oplrrmcnt "E Labur I",:"IJII',II' ."1 I If{, 1'.111 ,i '1'1,,' (;'."lec' .1,.II,ep<>11 .liI
suspected or reported violations to tbe Grantor,
T. In construction contracts in e~.:e.s uf 52.000 an,l in O'Iho'r lll"I,.,." ill "',n. ." S2,"VlI -.vlii,h inv(.I\'(' del el\ll'!u,',
n\ent of mechallics or laborers, 10 includc.o a I'tclvisilt/l fll' c "'/I 1'1 i"/I'" wid, \,.. """, : II \ .,,,j II i.' 001 ,hc' C:"ntr;," ( W..: k II"""
and Safety Standards Act (40 U.S.C. 327,330) as supplelll"lI\c.od hy Ikpalt"" n. ." tat-", 'q:n'a~in'" i 29 erR. I'.rt S"
U. To include in all contracts in e~~"ss of 5100.000. I',ovi.illll tI'al '!"" """00 I'" ,.~"'." :., ,0"'\,[:: will. ,.II th.; ,e'l"i.c
menu of Section 114 o( the Clean Air Act (42 U,S.C. ~ 1875C,9; .nJ ::'.. '",,, ,(It; ..1 the \\a:n 1'"IIUliulI C"nlr,,1 Ad \33
U.S.C. ~1318) relatinsto in.peecion. monitorilljl.. entry. rc.oputu. ~lIol inl..lIlla.i,,". as ",.-II as ,.il .,,!"', "''luirc",elll' 'pe,iiicd
I in Section 114 of the Clean Air Act and Seclioll J08 lit Ihe Waler 1',.11,",,,,, t'''"l,,,j ..\. I .II,i ..:, J..~"l.l\i"n, ..".1 ~t:lClcljllC:,
iSlued thereunder after the award 01 the COlllra.:I, Sud, "'J:ul:tli..,,, ;,11.1 (',,,1,,1,, ". ",:l .', h';;I..II.; ,II) 1:f'I; :<.,,~ ,.",j ,10 f R
17126 dated April 16. 1975. In su doinK Ihe ControlClIl' turd'"'1 "Io"''':
1. As a condition (or the award uf 4.:'ontr..~l. tn (lotif r thl" l)y. 11\" I d t 11\ ! t', nl'! : . .1 1 \ ,,'111l1IlilliLltI"1l fr I lilt dh' Env,ron-
"senttil Prot~ction Ag,.ncy tEPA) indicatinK Ih.u.1 t..:dity tl. 1.(, "~Ii, ,,: 'I :;'\ rl':',dll,.llll' .of "It' \"lltl.llf h un"lar
consideration to be listed on the EI'A lisr III' Violatill!: /'a,ilili,'\, ""'"i" ""..!:. ,.1I.'" " . ;""""'\ 1'::'" :,. . llll If,,, , .,'.v.r.l
2. To ccujf)" that any f.u:ilil)' tu he utilil.c,1 ill ;hl' p.'IJl":II,lIh\' ."l'. :.ll:H \~n;;'~ ,1'{:lI.,,,.t\lf ~.lL,,-,>I,~I.,.l \) l~l,l
listed on theEPA listo,fViul..lillltl'".'i1iti.'spUr5llalll (".101:1'1{ I~ ,';"'" ':., ,',.,.' ,,f ,..":,,,,: ..,....o:d
3. To includ~ or c.ause to be induJc:cJ the OIho\'\' ...r:tcn.. .dlli th, :. .~~.;J.;: l'i:t\ '., ",'Vc,,"', 1:1'I;,'\l',llpt ~.;.b('n\fr:l";( ..tno
that the Contractor will toakf' such .u,::itll1 .., the G"\'l,,'''HIlc:nt lTIay ,Iill'\. t .t, ., t::... ,t:;' I..t' ':lIt(H\.1H~ ~',iI.'h l'rl)\'i~,utl~.
As used in these paragrlrhs the terlll "facility" m~a;u ,H'\' buildill~, piJIo. "" :"i!.",..n, "p"I",e, m:lIe. ".'s>c1 ut ,nl't" llu..lin~
craft. location. or site 0 operation:). nWlu,'d. 1c0I5&"'1. l,lr ':uP"r\'i~t.,(i 11\,", Ll ;I.l,,"', ,"l'l'l'~.ltCJl ,1I1I1r,H(or. or Sll~"lfltr.l\.tC,)f. t~1
be utilized i~ thelc:rfornlanct n(... gr..nt. aRrCCfIlc,'IU. (Olllf..l.tL ..1lb~t,1I~t, \.t ,,\t'\"hU.Ht \'-'h\'I\' ,ll'H.ltion or \Ih' IJI l'pt.'ralil,n
contains or anclu es more than IInc building. planl. illstallalion, ' "lll. ,,,,,, '!ll' clIli:.' !.,...li,," ,1..11 be Jet'f1I.d to be ..
facility except where the Director. Office of Frdrr,,1 AlIi,.iti..., En"""""Il'II'.,; )',ot.:. ';011 :\~"'" \' dnL'fl1lille, d,,'l inde,
pendent facilities a'e co,localed in Ollt' Ill'ographical a,ea.
V. The following dause is applkahl,. III "o"profi. ..rl\,,";/.ll i..".:
A~ a condit~on of this ~ranl or t.:ool'er,~uiYe A~rcl'InCIH. I,h... '1:1 q,il'II,1 "i"uH'~ .and u:r:lfic', th~t i. is in "oll,lpli..nc:c
with ancl Will cl)mp'~Y \II Ihe euurse ot ,he A~rt'l''''''''1 Wll" .,11 "1'i,I,. ,,,,,," 1.""\, fl',"!." ''''''. I, ,,"cllt;'" \ )"le" all';
other ~",.erAlly appt.~abl.. recl"ir~R1enu. j",llIc .n... d.",e ,," "11' d. 7 , III, 1"!:; ]",'1, , wlti." he,ebv ,,'e ;," oI'
porate in this Agreement by referena. ~nd suclt sta,"h>r' I'"wi,i..", ,;', "ll' '1"" ',lk.,lh ,,'I tn,rI.I",,,'in, .
GRANTOR AGREES THAT IT:
A. Will make anilable to Grantee for Ihe purp">e 01 d.i, AI(H"'''!I; II I "": t" , ,. ,,,,I S I, 1:'1 ,r)'JO.I),()
which it will advance to Grantee 10 meet 1101 \0 exc;ee.l ~'l . ,~.! }ll'hc:nl 1.1 tilt, t\,.\.dCJpllh'lll t.'I~f, I)f tlu,' proje'ct In ..(cor
dance with the actual needs of Grantc.oe 4S ,Ietenni"ed by (;I.nllJl
B. will assist C;rantee, within available approprialinlls. will. ",elt (o.,""i...1 ;.,.i,I..1I1" .oS ,.",'It", ,lc.ot'nlS .pp,r,p,ia'e in
plannina the proJ,'ct and coordinatint the plan with lu~al utTici:oj ellll'rl,'l,e"""l' pL.,,, lor ,ewe' ."d wain anel wllh ~ny
State or area piau. for the aru in Wllic lite projecl j. l..cah',J
(1) AcdYldea sponsored by the FmHA. -
(2) AcdYltlu aponaored by other Feder.1 alle"de..
(~ D::'1 th, time that nonexpendable penonal property i. held lor use on tM project for which it was acquired.
eM rutH aD aaab it anilable for use on other projects if such other UK will not interfere with the work on the
, '.:,.' Cor whIcJI eM propenl was o~nally acquired. t'iut preleren~e fnr such other use shall be pftn to FmHA
...._cl pIOjed" Second pre erence . I be siven to other Federally sponsored projects.
2. DIapoIidoa ol.OMapeM.ble property. When the Grantet no longcr needs 1M property as proyjded in parasraph (a)
I aIKwe. th. pro,.ty ...y be uICd (or other actjyities in accordance with the followins standards:
(a) NODe_pelldable property with a unit acquisition cost of leIS th~n 51.000. The GrAntee may use the propeny
lor oClair acdYitka widaout reimbursement to the Federal Government or sell tile property and retain the proceeds.
(It) N_ra:clabla: ."" II rro~ny with a unit acquisition ~ost of 11.000 or more, The Grantee may retain
dae ,". : .... or other uaea ,rOYide that compensation i'lOade to thc t)l"ipllal Grantor apney or Its succeuor. The
_OUlIt 01 COIIlpeaaadon slWl be computed by a[p1yin, the percentage of Federal partict:ion in the cost of the
orfsiul project or ~ to the current (air mar et yalue o( the propeny. If the Grantee no need (or tke prop-
Ie" aDd tU property as rurth" u. yalue. the Gr~nlee shall requ..st clisr".itiun instructions from the oripnal Grantor
.ncy.
The Gnator:, .lsaD determIne whether the property can be used to meet tM .ncy's ':Jllirements. If no require-
.a..c uIata daac ..cy. the nUlability of th. propeny shall be reported. in aceo ance with the pideliaes
of droe ,MtraI f' 'I ''', ...........t Iltplationa (FPMR), '0 the GeMfa' Senkel Administration by the GrUltor
~ ...._ a require.....t for the Cperty niau ill ocher Federal .ncita. Th. GrUltor acency shall
..... to tIl. C'... ,... no later than 120 }'I arter thc.o l;rantc~ request and che followinc t . . .. ~ures shall
.-.'
(1) I( 10 IDItnacted or I( diaC':tiCHI lnatructions are not issued within 120 calendar days after the Grantee's
........ die Graatlt dsalI,,1 t ~J' and reimburse th.. Grantor apncy an amount computed by applyinC
to dae .... ~. the perc.nup 0 F.deral participation in the co.t of the oripaal project or JlfClIfam. How.
ner. the araatlt ... be cermitted to deduct and retain from the Fedc.oral ahare 1100 or ten percent of the procecda,
whlcheYCr la, . "...,. Cor e Grantee's sellin, and handling up.-"su.
240
F f) .If the GnI!::e ia inttru'ted to .hip Ihe property elsewhere Ihe Grantee .hall be reimbur.ed by the benefiuinl
C:.t ~f tir.~lcm~ .11 amou.nt whi,h ia ,ompuled by applyi~g Ihe percentage of the Grantee partidpation in the
aJai ill . . annt pro,te,~ or proram to the cunent fau market value of the property plus any reasonable
PP I or IIIhrUD .tor. co.ta Incune . .
(3) If the Grantee ia in.tructed to otherwise dispose of Ihe propert}'. Ihe Grantee shall b . b d b I.
Granto.r ..ney for auch co.ta incurnd in ill dispo.ition. e relm urse y I e
3. The Grantee'. propeny manaacment .tand.rd. for nonexpendablo: personal property shall also indude:
od1~! i~~i ., '. recor: wh~b ac:cu.r~tely provide for: a description of the property; manufacturer's serial number or I
f F d al ill1cat~n ~ lII~er. h.cqUisltloc date and co.t; lOurce of Ihe property; percent~e (at Ihe end of budset year)
:r tit: er part.:; on In t ,o.t 0 th~ project for which the propeny was acquire ; location. u.e and ,ondition
lIIed1:l~': dete:~ date the i;~Ormatkon wa. r~r:.ned; and ult!male disposition data including sale. price or the
ne cunent a1I'mar et value I the Grantee relmhurses the Grantor for its share
OI\~~rr'~,~a~:~n:?,: Ot~ pro~erty shall be tak~n a~d the ,esults, rr.conciled with the propert~ re,ord. at leut
n y c elllltenee. cunent Utlliutlon. and "ontlnued need for the property.
(,) A coatrol I,.tem .hall be in .ffe" to inlure adequate safeguards to prevent loss. dam e. or theft oC the ro.
.ny. Any loaa. dam.., or theft of nonellpendable p,openy shall be invl.stigated and Cullv docu~e t d P P
(d) Adclfuate maintenan,c pro"duR..hall be implemented to keep the propeny in ~ond cond~ti:~.
(') Pro~' p;ccdure..han be established for unneeded prupertv which would provide fo . . I.
IXtent prac aD rault In the highe.t possible return.' r compctl\lOn to t e
T1I11 aNnt A,rttntlllt co,m tll. folluwin, de,crib,d nonup,ndllble property (lUe continulltiun IhulI u nIC,ulI'''/.
All water distribution lines, water storage tanks. Cire hydrants meters vaLv
all buildings, and all other facilities constructed or purchased'by Southwest es,
Water and Sewer nistri~t as a part of their water facility.
M. Provide Pillandal Manasement Sy.tems which wUl include:
1. Accurate. current. and complete diado ( I. fi ' I I '
a.ccnaal hula. sure 0 I · InanCI. resu IS 01 each grant. Financial reponing will be on an
2. I'.ecords whl,h identify adequately th d 1" f
shail tOIItaln information pertainin to ant :~::dc::n app I~atl~n 0 fu~d5 ~or Ilrant'su.pponed activiries. ThOle records
olltlt.y.. and income. g gr I d authorlutlon5. nbhll.uons. unobhgated balances. assets. liabilities,
C. At iu aoIe d.iacretiOIl ami at any time may &ive an d '1' b d' .
doll of aD, or all of Grante ' bl" . h Y c~nsent, · erment. su ur anallon. release. .atilfaction, or termina-
G d' e I pIIt 0 :.tJtIO.... wac or wuhout valu~bl. cun~idtration upon .u,h term. and conditions IS
th: .:i~=:n:o.tth ~) thd~sa Ie to further Ihe pur~05. of Ih. Jlralll or to 'protect Gralllor's financial interell
wbida it ia m . 0 t e .tatutory pur pUles uf t c granl .."llh. Iimitiltions uf the statutory authority under
TERMINATION OF nus AGREEMENT
This :'Cement ma, be tenninated for cause ih,' f J I' I .
&bon or or co,",nlenec f tb G n t c .~cnt 0 c au I ull rI..' palt of the Gunh'c as provided in parasraph I
conYllalllnc:e wiD occur whe b thai.to'c;and Grantee prior to Ihe .bte "I ctllllplclinn of the prant purpose. Termination for
bene8c:ial naulu commelllU n to. ht h ~ ranhee and G~antor a,.ree tlut tile .ontinuation 0 the project will not produce
ra e Wit t e un er expenditure of unds,
IN WITNESS WHEREOF Gra t h d Ii bo .
n ee on t e ate "st a 've Wrlu.n hu uu.....lthe)O: pre....n.e to be executed by its duly I
autborlzed Chairman
.-..........................-.... ..... .-. ............-........-..............-.....................-......-.---..--
aDd ~,aatecl aDd ita .. . ~ '..' ted seal affixed by Ita duly authorized ,._.._........u.,......_..~!!!..~.__.._.___
~ 'I J :
\ ,
: -....--....-.-.................-.....-..-..............---.........-..................-...
;A~ 8,_~)-j~
. ~..~-J. ~
,. CleTlt
Chairman
(Titl,/ ---..--.....--...-.................-........-...-. --
(Titl.,)
UNITEIl STATES OF AMERICA
FARMlmS 1I0ME AIlMINISTRATION
By _......_..... ..............._.. .
Jackie E. McLamb ........-..------.--..-.--.....-.-...
District Director
-..-...... .............._......_.....-...._......_.....-:..-~._......_...._----_........._..---..........-
I Polltlon oS FMIht-
I
I USDA.FmHA fORM APPRO VIlO
'I Form FmHA 1942-47 LOAN RESOLUTlO~ OM. NO. CIlI7tI.Q0111
(Ref. 3-89) (PabUc BodIes)
A RESOLUTION OF THE Board of Commissioners
OFTHE Southwest Water anrl ~~w~r District at ff~rDJ!~ County
AUTHORIZING AND PROVIDING FOR THE INCURRENCE Of INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A
PORTION OF THE COST OF ACQUIRING, CONSTRUCl'lNG. ENLARGING, IMPROVING, AND/OR EXTENDING ITS
,".....'Water Fac1lit"
f ACluTY TO SERVE AN AREA LAWFULLY WITHIN ITS JURISDICTION TO SERVE.
'WHEREAS, it Is necessary for thO' Southwest Water and Sewer District of Harnett County
(Publlt: Body)
(herein after ca1ied association) to raise a portion of the cost of such undertaldnl by Issuance of its bonds ill the prillc:lpalamount of I
Two Million Six Hundred nineteen ~ousand Dollars rS2.61Q.OOO.nO)
pulSuanttothe ,,"," .Jof Local Government Bon.4...JGt
WHEREAS, the asaoc:\Itlon Illtends to obtain "tance from the farmers Home AdmInlatratlon, United States Department of A&ricul-
ture, (herein called the Govemment) actlnl under the provisions of the Consolidated Farm ud Rural DeYClopment Act (7 U.s.C. 1921
et seq.) In the planninl, financ:lnl, and supervision of such undertaldnlllld to purchasillg of bonds lawfully Issued. III the event that no
other acceptable purchaser for such bonds Is found by the asaoc:\Itlon:
NOW THEREFORE, ill considentlon of the premlln the-uaodatlOll hereby resohes:
1. To haw J':pued on Its behalf and to actopt an ordinance or resolution for the Issuance of its bonds and containing such
ltellllan iIl.uch forma... required by STATB .tatutea and _... qreeable md acceptable to the GOYllmment.
2. To reftnance the un~ce, III whole or In put. of Its bonds upoll the request of the Goyemment If at any time It
shall applllr to the meat that the aaadatlollll able to refinance Its boncls by obtalnin& a IOID for .ucb 11 " .,','
from responsible '.. . ., '.,' tift or priYllte IOlIRlII at reaonable ntelud tlfllll for 1011II for licidlar pu: an periods
oftlme II required by aectioD 333(c)ofald CclDIolldated farm uclllunl OneI',I" ." Act (7 U.s.C.1 3(c)).
3. To pro"de (or. execute. and com"y with Form fmHA <400"', "AllurlDce Apeement"; ad form FmHA <400.1, "Equal
OpportUllil)' Apeement", Induding a "Equal Opportunil)' Cause", which dause II to be in...." .led In, or attached
II a rider to, each construction contract ad .ubcontnct illvolvlnl ill excess of S 10.000.
4. To iIIdemnlfy the GOYllmment for any plyments made or losses suffered by the Goycmment on behalf of the association,
Such indemnification shall be plyable from the Slme source of funds pledged to ply the bonds or ay other legal per.
mlssible source.
241
s. lbat upon default In the plyments of uy principii ud accrued interest on the bonds or In the performance of any COY-
nut or apeement contained herein or In the iDltrumeIIt Incident to maklnl or iDludnl the loan, the Government at
Its option may (a) dedlre the entire principii amount then outstandlnl ud accrued Interest Immediateiy due and pay.
able, (b) for the account of the uaoc:ialion (payable from the aource of fUllds pIedaed to ply the bonds or uy other
leplly tC,rmIIIlble IOUrce) incur ad pay reaonable e~ for repUr, malntenaace, ud operation of the facility and
auell 0 reaonablt ,xpIIIIII II may be neceaary to cure the cause of clefault.lI1d/or (c) take poIIIIIlon of the facility,
..pUr, maintain. ad operate or rent it. Dlfault under the co- of this ReIOIutioa or uy inltrument inddent to the
..tIn& or inIurln& of the lOin may be COIIItrUId by the IIIIIlt to CClllllitute default IIIlder uy other instrument
held by the Gowmment ud .xecuted or uaumed by the Aaodalion, ud default under any such instrument may be
construed by the Gowmment to CClllllitute default hereUllder.
I 6. Not to sell, tnnsfer, lease, or otherwile encumber the fadUty or ay portion thereof, or Int.rest therein, not permit others
to do so, without the prior written consent of the Government.
7. Not to borrow any money from any source, enter into uy contract or apment, or incur uy other liabllities in con,
nection with makinl enlarpments, improvements or extensions to. or for uy other purpose in connection with the
fadUty (exdusive of normal maintenance) without the prior written consent of the Government if such undertaking would
Involve the source of funds pie" to ply the bonds.
8. To place the proceeds of the bonds on deposit in u account aDd In a manner approved by the Government. Funds may be
deposited In institutions insured by the State or Federal Governllllllt or unested In reacliJy marketable securities backed by
the fuD faith and credit of the United States. Any income from these accounts will be considered as revenues of the system.
9. To cumply with all applicable State and Fedcrallaws and relulalions and to continually operate and maintain the facility
In good condition.
10. To provide for the receipt of adequate revenues to meet the requi. . ,ts of debt service, operation ud maintenance, and
the establishment of adequate reserves. Revenue accumulated over ad above that needed to ply operatlnl and mainte.
nuce, debt service ud reserves may only be retained or used to make preplyments on th.loan. Revenue can not be used
to ply uy expenses which are not directly Incurred by the fadUty ftnanced by FmHA. No free service or use of the facil-
Ity will be, ..tted.
"".lIc '''0'11", 11II'''1'1 'or tllll collection 0' In,_.t_ II ..tlm.t... to __ 1 "..., _ '=-. 'nclue'", tile tlm. '0' ,wlewl", '"It'UCtlOl'lI.
:::'~l::: ;:r':1,::: :..: ::''':I':.t=e.==~t~r~':.1. t:',:r.::r.-~=.~ro'.r=I':"1'IlI :',,",::'~'1~:~r:, O:"\~':~~~~~o 5&,,'::~::'~"~:
M,ICUltu,:.. C.....nc. OffICer. 01=3. "oom 400t-Wi W....I"'tOl'l, D.C. 10150, ."e to tile '!fflC. 01 M."......nl .nd .u....l. PI.,erwork Reductio"
~oJoct CO . No. 0175.0011), W....lnItOl'l. D.C.IOIO .
,
.2-
11. To acquire aDd maintain such insurance coverapladudlnl ftdelity.boads a may be required by the Government.
12. To establish ud maintain such boob and records relatlnl to the operation of the facility ud Its financial affairs ud to
provide for required audit th.reof Ia such a DIIIIIlOr a ...y be re1cuired by the Goftmment, to provide the Government
without its request. a copy of each such auellt, aDd to mab aDd orward to the Goftmment such additional information
and reports alt may from time to lime require.
13. To provide the Government at aU reasonabl. times access to aU boob ad records relatinl to the fadl1ty ud access to
the ,...,.../ of the system so that the GowmlllllDt ...y asc:ertain that the uaoc:iation Is complyinl with the provisions
hereof ad of the instruments Incident to the makina or illaurinl of the loan.
14. In CUll where the Government ..qulm that a raene account be eatabliah.d ud malntaln.d. when necessary. disburse.
ments from the " ... . account may be used for plyments due on the bond if sumcient funds are not available in the
poeral or debt service accounts. With the prior written I,,,. ,I ofth. Government. funds may be withdrawn for:
(a) Payinl the COlt of repalrlnl or r....dq aDY damap to the fadl1ty which may have been caused by catastrophe.
(b) Repairinl or re"'cInl short-ltwd ..ts.
(c) Makinl exteJUions or improvements toth. fadUty.
Any time funds are disbursed from the resene accollllt, additional deposits will be required until the merve account has
reached the required funded level.
IS. To provide adequate service to aU pel'lOlll within the service area who can feasibly ud lepUy be served and to obtain
FmHA's concurrence prior to refualnl new or adequate services to IUch penons. Upon failure to provide services which
I are fealible ud lepl,such penon shaD haft a direct riaht of actlon aplnst the association or pubUc body.
16. To comply with the m....m identifted Ia the Goremment's eAYironmental impact analysis for this facllity Cor the pur-
poll of lYOidlna or reducIna the aclvene emironm..tal impacts of the fldlity's construction or operation.
17. In the case of a pant In the sum not to exceed S 1,141,000.00 . the auociation
hereby accepts the pant under the terms . oJ1'ered by the Government and that tlv Chairman
aDd Clerk ..,c the association are hereby authorized aDd empowered to take all action neceDaI}'
or appropriate In the execution of aU written instruments a may be required In reprd to or as evidence of aueb arant and
the... . .Itionhereby resdvesto ',' .". "I the Cadlity under the termaa offered In said panta......ent(.).
The provisions hereof and the provisions of aU instruments lacident to the maltIna or the insurln. uf the lou, unless utherwise
spec:itlcaUy provided by the terms of such instrument, shaD be bindina upon the auociation a lOIlI a the bonds are held or
lnsured by the G. ...,... ent or assipee. Th. provlslons of sections 6 throulh 17 hereoC may be provided Cor in more specif1c
detail in the bond resolution or ordJnance; to the extent that the provisions contained In such bond resolution or ordinance
should b. found to be Inconsistent with the provisions hereof, these provisions shaD be construed a controlllna a between the
aaociatJon and the Government or assipee.
The vote wa: Yea Nays Absen'
INWITNESSWHEREOF,the Board of Co_iaaioner. .,f the
~weat Water and Sewer Diatrict has duly adopted this Resolution ud caused
to be executed by the omcen below In duplicate on this 1 Qfjl day of M~h 19..9.0....
Southwest Water and Sewer District
(SEAL). By ;7f;;dh~-;:;f---
Att~ # .
...(. '"" .'1 J . ~~~IJ Tltl/" Chairman
Title Clerk
.J,
I CERTlFICA nON
I, the undentaned. as Clerk ..)f Ihe Southwest Water and Sewer Distr1c,t
hereby certify that the Board of Commissioners ..f such Associatiun is cum posed of
members. of whom constitueing a quorum. were present ae a meeting thereof duly called and
held on the 19th da of March 90. "
by the vote shown above' d th ' . . y 19_. that the foregOing resolution was ado peed at such meeting
, u at said resolution has not been rescinded or amended in any way.
Dlted. this 19th , day of March _ 1990
-1.:.,............, '-(, r ~c.';r
Title Clerk
242
~'& 4e:t i]uzr
USDA.FmHA <'
Form FmHA 194G-1 REQUEST FOR OBLIGATION OF FUNDS
(Rev. ~aa)
~~;="A=~~~li~.r
2. BORROWER NAME 3~ . NO. NAME FIELDS .. .
S,O,U,T,H,W,E,S IT, ,W IA,T ,E,R, lA,N 10 I 111 I (1.2.0.3 (rom Itrm 2)
4. STATE NAME
S.'E.'W'EIRI 'DIIIS'TIRII'C...'T..I IOI.F.' '.1121 NIO.'R'T'HI ,C,A,R,O,L,I,N,A, I I
5. COUNTY NAME
~T.~..I~~J~~~.:oR~:..;o~~I~~~~lo.1' , , , , I I
I. RACElETHNIC CLASSIFICATION 7. SEX CODE 1 ~ M.I. 4 ~ O'lIOnlutlon,M.,.Ownod
2 ~ Feme'. 52 O,..nlz.tlo" . Feme.. Owned
11 - Wht~ 2 - Black 3 - AI/AN 4. Hlsp.nlc 5. AIPI 61 3 " F.mllv Unit 6. Public BodV
I. MARtT,AL STATUS 9. VETERAN CODE lei. CREDIT REPORT 11. DIRECT PAYMENT
1 . MarriN 3 - Unm.,rlecl 1 - County Office 3" No
I 2;' S....,.~... I' . v.. 2. No 211 . Ves 2 . No 3 I 2. Fln.ne. Olllc.
12;. TVrE OF-PAYMENT 13. FEE INSPECTION 14, INTEREST CREDIT 15. COMMUNITY SIZE
1 - Monthly 3. Soml.nnu.1 1 . V.s 1 . 10.000 0' I... (SFH. MFH
~fA:;"'::;::~{~;;;MWj~~':~!:';':';"';;.POlL~;';;'; O~S:::::H Only) 12. Ove, 10.000 Only)
11. TYPE OF ASSISTANCE 17. PURPOSE CODE 11. TYPE OF FUNDS
016 l7[ l I I (See FAil)
1.. PERCENT OF LOAN 11A. TERM OF INTEREST '20. TYPE OF ACTION
GUARANTEED RATE BUYDOWN 1 . ObllllOtlon Only
(CDSftllk,." 'iem Ja I 2. ObllllOtlon/Chock Roqu...
I I ,qual. I, I, 4, "" II I 1 (See FAIl) , 1 3. Corroctlon of ObllllOtlon
21. TYPE OF SUBMISSION 22. AMOUNT OF LOAN 23. AMOUNT OF GRANT
1 - Inlt18' (Brl,.. COM J" 1U'",qwnt 1000n _elated $ $
11 2. Su~ent 1II1t" Credit 8oJo 0. A..umptlon) t216 __1 ,}10 to .0.0.0 I 111114 l1l.0 1010.010 I
- 24. AMOUNT OF IMMEDIATE . 25. DATE OF APPROVAL 21, TNTERES~ RATE 27.REPAYM~NT TERMS
S ADVANCE MO DA YA
1.;,.:+.;~.~~~~:~~~~;~;.rN;:I{'~~~~ci.t.!~..."'al~I~I.~~-i~J~"~LY 4 ,0 I (No, <If Veorw)
.;.~j:!::.:.. .-t$.{::. ';0:~"':':':':-"'::::;:::":':::'::"::?~:':},:' . , '. .'. ' ". ....~""'"
21. 'iNCOME CATEGORY COOES 29. LOW INCOME LIMIT-MAX. '30. ADJUSTED FAMILY
1 - Very Low 3 . Mod...... $ S INCOME
12-LOW 4~AbovoMod...ato , ~ ' . .0,01 III 10.OJOI
31. R. E.INSURANCE 32. R. E. TAXES. ht YEAR 33. R. E. TAXES, 2nd YEAR 34. NOTE INSTALLMENT
$ $ $ S INELIGIBLE
! I , .0,Ol il , .0,Ol ~ ' I .0,01 l . I .0,01
35. TYPE OF UNIT :J. DWELLING CODE .
1 - Farm Tract 1 - Build 3. Purcha.. Old 5 ~ Repair 7 .., ReUnance-Repalr
I 2._ Non-Farm Tn.et _ ." 2 - Purchase New 4 . Refinance 6 .. Purchase Old- Repair
r"k'''''"'''ttilmR~.;IOItCoMMuNITY PROGRAM AND. CERTAIN MULTIPLE.FAMIL Y HOUSING LOANS _ I
37. TYPE OF APPLICANT 38. PROFIT TYPE
1 - Indlvldua. 3 - Corporation 5 - Ann. of F.rm.... 7 - Other
:~~.:L.~ ..:_.__::~~. y?,_ JP, 4 - PUbl.~BOd,y .8. o,pn.. of F-.rn:., ~o:~..... ,1..1 1: Full P,ofit 2 = Limited Profl' 3 = Non,P,oflt ',. ",,"'" '
$;IDpll$7KJt~*"'LlTIiEQ~EMl.QANSON&;;Y,..,:. ... .CQMP1.ETE FOR CREDITIALE/AlSUMPTIONI ONLY, .
39. DISASTER DESIGNATIoN NUMBER . . ..0. TYPE OF SALE
1 "" Credit Sale Only 3 'Credit Sale/Sub.equent Loan
I I I I (Bee "'Ml) I 2::,: Assumption Onlv 4 Assumption/Subsequent Loan
1'",;'io,,2 FmHA 194()'1 fA.v. 9..)
ORIGINAL. . , " c.. Folder
CERTIFICATION APPROVAL
41. COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIA L
Loan approval subject to the requIrements of the Replacement Letter of Conditions
dated January 31, 1990; FmHA Instructions; Form FmHA-NC 442-13, Processing
Checklist; and Loan Closing Instructions issued by the Office of the General
Counsel; and availability of funds.
42. I HEREBY CERTIFY that I am unable to obtain sufficienl nedil elsewhere tn finance my aClual needs at reasonable
rales and terms, taking into consideration prevailing private and cooperative rales and terms in or near m)' .:ommunity
for loans for similar purposes and periods of lime. I agree tn use. subject to and in accordance with regulalions appli-
cable lo the type of assistance indicated above. and request paymenl or Ihe sum specified herein. I agree to reporl to
FmHA any material adverse changes, financial or olherwise. ,hal occllr prinr 10 loan closing, I certify Ihal no part or
said sum has been received, I have reviewed the Inan aPI'",val rcquireluc'lIs Jnd ",,"unenls associaled ...irh this loan
requesl and agree to comply wilh these provisions,
(Fnr SFI!.\ FP loans at eligible terms only) If Ihis Inan is app",vcd. I ciccI the intelest rate 10 he charged 1Ir: my FmllA
loan 10 be the lower or the interest rale in crrecl al the time ..I' IOJn a pl'",va I III IlIan c1l1sing, If I dle~k "~()". Ihe
interest rate charged on my loan will be the rale specified in Item 21> Ill' Ihis fmlll. YES :-;0
.
WARNING: Section 1001 of Title 18. Unit'" St.t.. Code p,ovid..: "Whoever. in .ny ....u... within tho jurISdiction of any
, ..., 0' ~ of tho Unit'" St.l.. knowingly _ willfully falsifi.., concaals 0' co_. up . , , a mat....
fact or "'*- any fa__. fictitious or fraudulent.tatements or represent.tions. or m8kes or uses any 'alw writi",
or dacum_ know... tho 11m, to COIItain ony f.I... fictitious 0' frouclulent stot_t or entry. ...... be fined
lIDt m.... than $10.000 0' im. " ,1 not moro th.n 5 y..... 0' both," I
Oat.. 19 _ SOUTHWEST WATER and SEWER DISTRICT
---/11 )l!!!2l,ulr of Applictlnl}
Oat.. ~1arch 19 192!L d~ >>/J.-et...(J'(!.~._,/ '
. . -'. f.( V ' J "thairman (SiKntltun ofC".Appliallll}
A.TTEST: '7/~"""~ . . V
" C erk
43. I HEREBY CERTIFY that I or the commillee and administralive determinations and certifications required by
Farmers Home Administration regulations prerequisite to providing assislance of the type indicated above have been
inade and that . . ~."..c thereof is in the docket. and that all requirements or pertinenl regulations have beeD complied
with. I hereby I...r ,. . the above-dc:serlbed assistance in Ihe amount sel rorlh above, and by this document, subjcctto
the availability of funds, the (icwcrnment agrees to advam:e such amuunt to the applicant for the purposes of and
subject to t:onditions .. _,., .1 .d by Farmers lIome Admiliislraliun regulations applicable tll this type of assistanc:e.
(SigNllun of Approping Of/icilll)
Date Approved" Tille:
44. TO THE APPUCANT: As or this dale this is nutice Ihal your applicalion ror the above
fmaneial a,'Iistancc from the Farmers lIome Administratioll has been approved. as indicated above, subject to avail-
shUttv _r In_.1- _..I _.L.-_ -...I..:..ol.:.~ __ "- "- ."- _ ... .. . __
,..,
243
Position 5 .0 "'C(-
USDA.FmHA FORM APPROveD
LOAN RESOLUTION OMS NO. 0575,0015
Form FmHA 1942-47
(Rev. 3.89) (Public Bodies) ,
,
A RESOLUTION Of THF Board of Commissioners
Of THE Southwest Water and Sew~r Distri~t. o~arn~tt COUD~v
AUTHORIZING AND PROVIDING fOR THE INCURRENCE OF INDEBTEDNESS fOR THE PURPOSE OF PROVIDING A
PORTION Of TIlE COST OF ACQUIRING, CONSTRUCTING, ENLARGING. IMPROVING. AND/OR EXTENDING ITS
I Water Facilitv
FACILrrY TO SERVE AN AREA LAWfULLY WITHIN ITS JURISDICTION TO SERVE.
'WHEREAS, it Is necessary for thl' Southwest Water and Sewer District of Harnett Count v
(l'lIblic Body)
(herein Ifter called Issociation) to raise a portion of the cosl of such undertaking by issuance of ils bonds in I~e principal amounl of
Two Million Six Hundred nineteen Thousand Dollars ($2.619.000.00)
pursuant to the proYlslons of Local Government Bond Act
WHEREAS the UIOciadon Intends to obtain Ulistance from the Fannen Home Administration, United Slates Department of Agricul-
ture. ~ called the Goftrnment) Ictinl under the provisions of the Consolidated ~Irm and Rural Devel~pment .AcI (7 U,S.C. 1921
et seq.) In the =:nin&, Bnanelnl,lnd SUi .,'"Jon of suell unde~takln~ Ind to purchlSlng of bonds lawfully Issucd. In the cvcntthat no
other I ..," purc:hlser for such bonds Is found by the assOClltlon.
NOW THEREfORE. In consideration of the premises the IssocIltion hereby resolves: . .
I. To haw r::..red on Its behalf and to Idopt In ordlnlnce or resolution for the issuance of its bonds and contllnlng such
ltams In In such forms Ire required by STATE Stltutes Ind u are alleelble and Icceptlble to the Government.
2. To reftnance the Unctld balance. In whole or In ..rt, of Its bonds upon the request of the Government if at any time it
shall appear to the owrnment that the usoc:Iation Is Ible to refinance its bonds by obtainlnl a loan for such purposes
from respoasible cooperadw or printe sources It reasonable rates and terms for loans for simillr purposes and periods
ofdme u required by .ction 333(c) ofllid Consolidated Farm and Rural Deftlopment Act (7 US.C. 1983(c)).
3. To provide for, .xecut.. and comply with form fmHA 400-4, "Assurance Apment"; and Form FmHA 400-1, "Equal
Opportunity Apeement'" Induclinl an "Equal Opportunity C1luse", which dause is 10 be Incorporated in. or allached
u a rider to, each construction contract Ind subcontract Involvlnl in excess of S I 0 ,000.
4. To Indemnify the Gowrnment for any ..yments made or losses suffered by the Government on behalf of the association.
Such lneltllllliBeadon shall be ~yable from the same source of funds p1edFd to pay the bonds or any other legal per-
missible source.
S. lbat upon deflult In the ..yments of any prlncipallnd accrued interest on the bonds or in the performance of any cov-
nant or qreement contained herein or In the instrument Incident to makinc or insuring the loan. Ihe Government al
Its option may (a) dedare the entire principal amount then outstanding Ind accrued interest immediately due and pay'
able, (b) for the ICCOunt of the association (..yable from the source of funds pledged to ..y the bonds or any other
Itplly.crmlsslble source) Incur Ind ..y reasonable expenses for repair, maintenance, and operation of the facility and
such 0 r reasonable expenses u may be necessary to cure the eause of default, and/or (c) take possession of the facility.
repair, maintain. and operate or rent It. Default under the provisions of this Resolution or any instrument incident to Ihe
maldnl or Insurinl of the loan may be construed by the Goftrnment to conslitute default under any other instrument
held by the Government Ind executed or assumed by the Associltion, and default under any such inslrument may be
construed by the Government to constitute default hereunder.
6. Not to seD, transfer ,lease, or otherwise encumber the facility or any porlion thereof, or interest therein, not permit others
to do so, without the prior written consent of the Gowrnment.
7. Not to borrow any money from any source, enter Into any contract or agreement, or incur any other liabilities in con-
nection with makinl enlargements, Improftments or extensions to, or for any other purpose in connection with the
facility (exdllllve of ftormal maintenance) without the prior written consent of the Government if such undertaking would
I Involve the source of funds pledFd to pay the bonds.
8. To place the proceeds of the bonds on deposit in an account and in a manner approved by the Government. Funds may be
deposited In InsUtutions Insured by the Stlte or Federal Government or invested in readily marketable securities b.;;ked by
the full faith and credit of the United States. Any income from these accounts will be considered as revenues of the system.
9, Tu ,umpl)' with a1llppllcable State and Federal laws and regulations and to continually operate and maintain the facility
In .ood condition.
10. To provide for the receipt ofadequate revenues to meet the requirements of debt service, operalion and maintenance, and
the estabUshment of adequate reserves. Reftnue accumulated over and above that needed to pay operating and mainte.
nance, debt semce and reserws may only be retained or used to make prepayments on the loan. Revenue can nol be used
to pay Iny expenses which are not directly incurred by the facility financed by FmHA. No free service or use of the facil-
Ity will be permitted.
Publtc ,.0rUM ..".." for nUl collection of In'Drmatlon Is .Itlm.teet to Iv'r.,. 1 hour per relPonN. inclUding the time for t.viewln, Instructions ,
""C"I", U....... ..te ....rc... i",."nl .nd m""'atnlnt the d.t. n"ded. and compl.tlng .nd revl.wlnt the Collection of In'orm.Jtlon. Send comm.nti
'eprdl", t"" ~ ~tl""" A':I ottte, .,n~." 'I! thl' collection of Inform.tlon. InclUdi~ SU99fltlons 'or retlucin9 tnts burden to Oeplrtment ot
~"lcultaj::\W."::M'w~ ,Room Wllhln91on. D,C. 20250: Ind 10 Ihe lIIe. of M,n,gem.nl Ind BUdget P.....rwork R.duellon
,ojecl I .'"... ""'!~' - "" '
,2,
11. To acquire and maintain such insurance coverlge including fidelity bonds as may be required by the Government.
12. To estabUsh and maintain such books Ind records relllingto the opera lion of the facility and its financial affairs and 10
provide for required audit thereof In such a !"Inner u may be required by the Government. to provide the Government
without Its reCJ_t. I copy of each such ludit, and to make and forward to the Government such additional Information
and reports u tt may from time to time require.
13. To provide the Goftrnment at all reasonable times access 10 all books and records relating to Ihe facility and access to
the .'.." .,' of the system so that the Goftrnment may ucerlain that the associalion is complying with the provisions
hereof and of the Instruments incident to the makinl or Insuring of the loan.
14. In cases where the Government requires that a reserve account be established and maintained, when necessary, disburse-
ments from the reserve account mlY be used for payments due on Ihe bond if sufficienl funds are not available in the
general or debt semce accounts. With the prior written approval of the Government, funds may be withdrawn for:
(I) Paylnl the cost of repaidnl or repllcinl any damaF to the facility which may have been caused by catutrophe.
(b) Repairlnlor replaclnl short-1ived assets.
(c) Maklnl extensions or Improvements to the facility.
Any time funds are disbursed from the reserve IcCOunt, additional deposits will be required unlilthe rcserve account has
reached the required funded level.
IS. To provide adequate service to all persons within the service area who can feasibly and legally be served and to oblain
fmHA.s concurrence prior to refusmC new or adequate services to such persons. Upon failure to provide services which
16. Ire fealible and lepl. such penon shall have a direct right of action against the association or public body.
To comply with the measures Identified In the Government's environmental impact analysis for this facility for the pur-
pose of avoldlnl or reduclnl the adverse environmental Impacts of the facility.s construction or operation.
17. In the case of a crant In the sum not to exceed S 1,141,000.00 the association
I hereby accepts the annt under the terms u offered by the Government and that thl' Chairman
and Clerk f the ' ti h b th' d
,,'1 . assocla on are ere y au ,onze and empowered 10 tlke an action necessary
or appropriate In the execution of all wntten Instruments u may be required in regard to or as evidence of such grant and
the aaoc:laUon hereby resolves to operate tlte faciJjty under the terms IS offered In said grant agreement(s).
The provisions hereof and the provisions of all Instruments incident to the making or the insuring of the loan, unless ulherwise
speclficaIIy provided by the terms of such Instrument, shall be binding upon the association IS long u the bonds are held or
Insured by the Gorernment or lllianee. The provisions of sections 6 lhrllllah 17 hereof may be provided for in more specific
detail In the bond resolution or ordmaace; to the extent tltat the provisions contained in such bond resolution or ordlnlnce
should be found to be Inconsistent with the prorilklns hereof, these provisions shall be construed as controlling IS between the
uaociatlon and the G.., ent or assIpee.
The vote was: Yeu Nays Abse",
IN WITNESS WHEREOF, the Board of CO..fgRion@r~ "flhe
SOllthwest Water AwJ Sewet' District ,has duly adopted this Resolution and caused
to be executed by the officen below in duplicate on this IlIth day of ~h 19...!l.l1...
Southwest Water and Sewer_"Djstrict
244
, ~f
I ORM APPK()V~,1l
()~IU /1:." 0575-1.1018
UNITED STATES DEPARTMENT OF AL;RICllL TURF. APPKo\'AlI'XPIR1'S 4/84
Fonn FmHA 400-1 ,. I
(Rev. 7-19-83) FARMERS HOME AllMINISTI{A TION
EQUAL OPPORTIiNITY ACiHEE\IJ-:'\T
This agreement, dated .....J1~,J::~.h..,J9.,I...J,9.9..Q..,""""" ,..,.,....,, , ,.. . ......... ,",.. bel w~>en
._.._..m..~.~~_~_~~~_~,~...~~.~,~!:...~~.~..,~.~'~~.~.h.~.~.~.~,!:.~.~~..................".....,.. .. _., . ..,.... .,......, '".... 'h" '.....h."'.......,
(herein called "Recipient" whether onp or more) and thl! Farmers Home' .'Idmini,olraliun. Unltl'd Stall'S Deparrment 01
Agriculture, pursuant to the rules and regulations 01 the Secrl.tary 01 LabUl Ih"1I'in caliI'd th.. 'Se'nt'larv'\ issut'd undpr the
authority of Executive Order 11246, as amended, witnesseth:
In consideration of financial assistance I whether by u loan, J:rant, luan J:uilranl ~. or ulhl'r lor", 01 linancial assistancp)
made or to be made by the Farmers Home Administratiun to I{t'cipienl, Rl'nptent hl'rl'bv af-rl'tS, il Ihe cash cost 01 construction
work performed by Recipient or a construction contracl lin;.nl.t'd with such financial assislanl'l' exl'....ds SIO,OOO--unless
exempted by rules, regulations or orders 01 the Secretar>' of L:lbor issued persuant to Secl ion ~04 01 Executive Order 11246 of
September 24, 1965.
I. To incorporate or cause to be incorporated into any conlract lor CO":<lluction work, or mOlhfication thereol, subject
to the ~Ievant rules. regulations, and orders of the Secrelary or 01 any pilar authority that ,,'main in eHecl, which is paid
for In wbole or in pert with the aid of such financial assistance, the following "Equal Opportunity Clausl''':
During the performance of this contract, the contractor agrees as lollows'
(a) Tbe contractor will not discriminate againsl any employee or applicant lor emplo\'melll bet'aust' 01 race. color,
religion, sex or national origin. The contractor will take allirmativ(' a.:lion 10 ensure that applicants arc employed,
and that employees are trealed during employment, without regard to tht'ir race. color, religion, sex or national
origin. Surh action shall include, but not be limited, to the following: t'mployme:lt, upgrading. demotion or transfer;
recruitment ,)r recruitment advertising; layoff or termination; ratl'~ 01 payor othl'r lorms 01 compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the Farmers Home Administration setting
forth the provisions of this nondiscrimination clause.
(b) The contractor will, in all solicitations or advertisements lor empl"y~'t,s placed by or on behalf 01 the contractor,
state that all qualified applicants will receive consideration lor employment without regard tll roce, color, religion,
, " sex or national origin.
'(c) The contrartor will send to each labor union or represenlative 01 workers with which he has a collective bargaining
'agreenient or other contract or understanding, a notice. to be provided by the Farmers Home Administration,
'advising' the said labor union or workers' representative 01 the contractor's commitments under this agreement as
required pursuant to section 202(3)- of Executive Order 1124601 Scpl("nhl'r 24, Illo~, and ~hall post copies 01 the
notice in conspicuous places available to employees ant! applicants lor l'mployment.
(d) The, contractor will comply with all provisions of Executive Ordl'r 11246 01 September 24, 1%5, and of all rules,
.. 'regulations and relevant orders of the Secretary 01 Labor and 01 any prior authority which remain in effect.
(e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,
rules, regulations, and orders, or pursuant thereto, and will permit access to his books. records. and accounts by the
Farmers Home Administration, Office of Equal Opportunity, U. S. Deparlment 01 Agriculture, and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules, ref-ulations, and orders. I
(0 In tbe event of the contractor's noncompliance with the Equal Opl'ortunity (Fl'derally Assisled Construction) clause
or with any of the said rules, reglllations, or orders, this contract may be cancelled. terminated, or suspended in
whole or in part and the contractor may be declared ineligible for further Government Contracls or Federally Assisted
construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of
September 24, 1965, or by rule, regulation 0: order of the Secretary of Labor, or as provided by Law.
(g) The contractor will include the provisions of tbis Equal Opportunity (Federally Assisted Construction) clause in
every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary 01 Labor
issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will
be binding upon each such subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as tbe Farmers Home Administration may direct as a means of enforcing such
provisions, including sanctions for noncompliance: Pro.vidrq, however, that in tbe event the contractor becomes
Involved in, or is threatened with, litigation with a subcontractor or vendor as a result 01 such direction by the
Farmers Home Administration. the contractor may request the United Stales to enter into such litigation to protect
tbe Interest of the United States.
2. To be boand by the provision. of tbe Equal Opport1llllty Clauae In CODstructiOD work performed by Recipient end plid
. for ia whole or ia part witb the lid of snch flDlIIIciel ual.tace.
3. To DOtIf, aU prospective c:ontrectora to 61e the reqalred 'Compllance Statemeat', Form FHA 400-6, with tbelr bids.
4. FOnD AD-42S, iaatnu:tiona to CODtractors, will aCCOlDpllllY tbe notice of award of the contract.
Bid condiUClDa for aU DOlI....." Federel eod FederaUy aalisted ConatnJctiOD contract a require inclusion 01 tbe appropriate
"HOIIetOWll" or Iflmpo"" pllll af6111aUve lICtlon lIIId ecpa1 empJoyment opportwdty requl_ts. AU biddera must colllply
with the bid conc1ltlou coatlilled la the iavltatloa to he coaaidered reapoasible biddera IIld heace eligible for the award.
5. To ualst lIIId cooperate actively witb the FUllers Ho.. AdIIiaistratioD IIld the Secretary in obtaiainc tbe complbince
of contractDra lIIId IlIbcoatrac:tors witb the provisions of the Equ1 Opportunity Clause IIld tbe said rules, regulations, IIld
orders, to obtain end farolah to the FUllers Home Adlllnistratlon eocI the Secretlry, Form AD-560, CertificetlCID of
Non.lP'.ed PKiHtlel, to aubmir the Monthly Employmenr Urilization Report, Form CC257. u required and Nch other
inConnation u they may require the IIJpemaoa of IUCIa complWac:e. aad to otherwise auist the Parmer. Home Administra-
tion in the dlscharp oC Ira primary reapoaability Cor securina compliaace.
6. To refrala flOll enteriJJcinto eoy COOUIlCt, or ateasion or other modification of I contract, subject to sucb Executive
Order wi" I contractor debarred f.. Govemmeat CClDtr8cta or federaUy aulated construction contracts punulllt to Pert II,
Subpart D, of aach Exec:tatlve Order or to prior utbority; lIIId to carry ont such _ctlona IIld peaalUea for violation of the
provllioa. 01 the Equ1 Opportonity Claaae la may be Imposed upon coDtractor. and subcootractora by tbe FUllera Home
Administration or the Secretary pursuant to IlIch Subpart D.
7. That if Recipleat faUs or refuses to comply with these undertlJdncs, the Famers Home Administration OIlY tlke eoy
or aU of tbe foUowinc actioas: (a) cancel, tenoinate, or suspend said flalllciel asaislaDee iD whole or in pert; (b) refrain I
from exteadlllc any fartber assistance under the JI. "'" involved untO satisfactory a.surlllce 01 future complbince bas been
received from Recipient; lIIId (c) refer the cue to the Office of Equal Opportlll\ity. U. S. Department of Agriculture for
appropriate actioa.
WIlDesa tbe due execution bereof by Recipieat on this, tbe date first above written. I
Reclpieat Recipient
l/l !
; " Southwest Water and Sewer District I
(CORPeRA"l'E SEA~) Nue 01 COlpOllte Recipieat I
....., ~j It;). '-{ F B'.~ Al.i~ I
i
C1er i
!
USDA-FmHA "f1slI;on 3 ~_r2 4 5
Form FmHA 4004
(Rev, 8-29,79) ASSURANCE AGRFll\lll\T
(Under Title VI. CiYil Ri~hts Act 1>1 1%4 \
The Southwest Water and Sewer District
-.----.-.---.----..-------..........--.....-..--...--...."(;;;;;,-;e..oj'e-;.;,,;-,:;;ij-......',..,' ,..." ..,.....', .,. ....,. ..,. .,." ..,'..,..." ",. ,.., .,.. .,. .,.. '.. ,
P.O. Box 760, ._.~!.!}J.?~E.C?_~,~__..~.~......???..~.~_,...._........................'......'. '.,................ ,..., ....,...... ...........,.... "..... ,
(QcJcJress)
("Recipient" herein) hereby assures the U. S. Departmenl of A~riculllln: that Reclpielll is ill c,"npliall"l' wilh and wlil
continue to comply with Title Viol' the Civil Righrs Acr of 1%4 (41 use ~()O(JJ l'l. se'l'). 7 ('f'R Part I~. alld Farlllm
Home Administration regulations plOmulgated thereunder. 7 C.F.R, 11901.20.:'.. In aCCllHlancc wilh that Act and the
regulations referred to above, Recipienl agrees that in connection with any program or activity lor which Rcdpicnt receives
Federal flnancialassistance (as such term is defined in 7 f.F.R. li14,::!) no pcrson inlhe Ullitcd Slates shall. un the ~round "I'
race, color. or national origin. be exduded from participation in. be denied rhe bellefits of. or be othel\vise suhjected tn
discrimination.
I I. Recipient agrees that any transfer of any aided facililY, orher Ihall persollal p"'pelty, hy sale. Icase "r olher
conveyance or-contu.ct, shall be, and shall be made expressly, subjed 10 Ihe "hli~aliolls 1>1 this a!:reclllcllt alld
transferee's assumption thereof.
2. Recipient shall;
(a) Keep such records and submit to the Government such timely. complere. and accurate informalion as the
Government may determine to be necessary to ascertain our/my colllpliallce with rhis a~reemellt alld the rc!(ulations.
(b) Permit access by authorized employees of the Fanllers HOllie Adlllillislrarioll or rhe I !,S, Departmenr of
Agriculture during normal business hours to such books. records. accounts and Hther sources Hi' information and ils
facilities as may be pertinent to ascertaining such compliance,
(c) Make avallable to users. participants, beneficiaries and olher interested persons such illformation regarding the
ITovislons of this agreement and the regulations. and in such manner as the Farmers 1I0ll1c Administrali,ln or the
.5, Department of Agriculture finds necessary to inform such (lCfSllllS of the protection assured thcm against
discrimination.
3. The obligations of this agreement shall continue'
(a) As to any real properly, including any structure. acquired or improved with lh.: :lid 01 Ihe Fcdcoal I1nancial
assistance. so long as such real property is used for the purpose for which Ihe Federal fma:lci:11 asslstancc is made
or for another purpose which affords similar services or benefits. or for as long as thc ReCipient fetains ownership III
possession of the properly. whichever is longer.
(b) As 10 any personal property acquired or improved with the aid of Ihe Federal finandal assistance. so l<lllg as
Recipient retains ownership or possession of the property.
(c) As to any other aided facility or activity, untillhe last advance 01 funds undcr the loall 01 /!lal1l has Ilccllmadc,
4, Upon any breach or violation of this agreement the Governmelll may. ar its oplioll'
(a) Terminate or refuse to render or continue t1nancial assistance for the aid "f Ihe properlY. radlity, projel't,
service or activity.
(b) Enforce this agreement by suit for specific pcrformance or b~ any olher avaihlbk Icnll',ly UIH!c' llie laws "I
the United States or the State in which the breach or violation occurs,
Rights and remedies provided for under this agreement shall be .:umulalivc,
In wilness whereof, .___~E~E.~!~.~.~...~!!.~,~!__.?:!!~...~.~.~~.r...Q.t~~.I.!~,L.....,................,....'............................ ... Oil I his
('lam' o( n'c;pi..nl}
date has caused this agreement 10 he executed by its duly aurhori/eJ offkers :lIld j" seal aniM'd hcreto, "I. II a naltJral
person, has hereunto executed this agreement.
Southwest Water and Sewer District
(5 F A L) ._on.____... ........-..-... n....... __n ... --..- n........ n -..... - . n Un - .)~- ;;t:; PI; ,"ii,'
I March 19. Il)l)(}
----- ;~;:~;~~~.,~!i;Jt~~=~~i~;,;...
fl. }
Alle~t: ,3:~:.:...lcr~'~0:- .,Mr- V
BY: nn.n...............'.........".....................'..... ...............,.........'.......,..
Ncn"/('fll
~
USDA-FmHA Pot/tIonJ Schedule 1
form FmHA 442-1 OPERATING BUDGET
(lle..8.12.16)
Name Addreu
Southwest Water & Sewer District P.O. Box 760, Li11in~ton
Applicant FiIcaI Year County I State (Irteludin, ZIP Code)
Prom 7-1 To 6-30 I Harnett North Carolina 27546
19 88-89 ' t9 89-90 ',Q 19 Fint Full Vear
OPERATING INCOME (1) (2) (3) (4) (5)
1. Water Sales 226,937 338,712
2.
3.
4.
5. MilceUaneoUl
6. Leu: ~W&DUI and ( )( ) ( )( ) ( )
ucriou
7. Total ~~Iacome 226,937 338,712
(Add .. 1 ouP 6)
.- ..
OPERATING EXPENSES
8. Salaries/Travel 22.000 22,000
9. Insurance/Audit 4,000 4.000
lOPffice Expenses ~_Qqo 5,000
11Ptilities/TRansport 8.000 12,000
12~int. & Repair 1..700 7.000
I 13.Chem. Supplies/Misc. 3,400 5,000
14. Bulk Water Pur 72 . 000 107,000
15. Int.reat (FmHA) 106.000 158.813
16. Depreciarioa I.q.600 74.000
17. T~~~utt"n) ?7'i Inn 394.813
18. NBTOPEIlA~..~.....AE (48,163) (56.10n
(LOSS) (IJae 7 17)
NONOPEllATlNG INCOME
19.
20.
21. T~ No::r;!IIIIla-
( 19 20)
22. NET INCOME (~J
(Add Un.. 11 an 21 (56,101)
(tranafer to Iiae A SeIl.dul. (4ft. ~"\,
"II
TPrOjeCCed ~ ~low Approved bY,Governing Body
Atteat: 'l-~~ '-(C. "t~.t1L""-Q"'" . 3.-/9 - 9l'
0,
246
I'ROJECTED CASII FLOW SdH~dlllc '2
I I , rim
19 88-89 1989-90 19 1'1 Full Year
A. line 22 front Schedule I Income (loss) l4R.lUl ('if.,IO.lL
Add
8. helllS hl Operations not Requirinl! Cash,
1. Depreciation (line 16 Schedule 1) 49,600 74.000
2. Others'
C. Cash Provided From: I
1. Proceeds from FmHA loan/grant 3,760,00'1
2. Proceeds from others
3. Incre~sc (Decrease) in Accounts Payable, Accruals
and other Current Liabilities
4. Decrease (Increase) in Accounts Receivable,lnventories
and Other Cunent Asse~ (Ellclude Cashl
5. Other' Appl. Contr! uuon 68.00'1
6. = Sale Ban 2.541 .00' ,
D. Total aU A, Band C Items 2.609.00,3,761,43 ' 17,899
E. ~: Cash Ellpen,led for:
1. All Construction, Equipment and New Capital Items 1 ,914,00111 .914 .0011
(loan and Grant funds)
2. Replacement and Additions to Ellisting Property,
Plant and Eq uipment
3. Principal Payment FmHA Loan
4. Principal PaRment Ofl'er Loans
5. Other' epay AN 1.914.00112....,'i41,O.Qj1
6. Total E 1 throu!;h 5 4.455.0011 17.635
Add
F. Beginning Cash Balances 695.00lD
G. Ending Cash Balances (Total of D Minus E 6 Plus F) ~95.00"S 1. 43 S S S 'Jf.4
Item G Cash Balances ComDosed of:
Construction Account $ 695.0011$ $ $ S
Revenue Account
Debt Payment Account
O&M Account 1 . 41~ 264
Reserve Account
Funded Depreciation Account
Others'
Total ' Agrees with he", G S 695.0011 S 1,43 S S S 264
Resolution NOI I
----------- I
BE IT RESOLVED:
That the Southwest Water and Sewer District of Harnett
County accepts the conditions set forth in a Replacement
Letter of Conditions dated January 31, 1990 and Form FmHA
1942-47, Loan Resolutlonl
That the District approves as shown on Form FmHA 442-7,
Operating Budget; the proposed budget:
That the Cha I rman and Clerk be authorized to execute a I I
forms necessary to obtain a loan from FmHA, including, but
not I Imi ted to the following forms:
Form FmHA 1942-47 Loan Resolution
Form FmHA 1942-46 Letter of Intent
Form FmHA 442-7 Operating Budget
Form FmHA 400-4 Assurance Agreement
Form FmHA 400-1 Equal Opportunity Agreement
Form FmHA 1940-1 Request For 'Obligation of Funds
Form FmHA 1910-11 Applicant Certification Federal
Collection Policies
Form AD-1047 Certification Regarding
Debarment....
Form AD-1048 Certification regarding a
Drug-Free Workplace..
That If the interest rate charged by FmHA should be changed
between this date and the date of actual loan approval, the
Chairman and CI erk be authorized to execute new forms
reflecting the current interest rate and revise payments as
required by FmHAI
That the District elects to have the interest rate charged
by FmHA to be the lower of the rate in effect at either the
time of loan approval or loan closing:
The proposed rate schedule for Water use in as fo I lows:
Minimum $11.00 for 2000 gal Ions I
plus $ 2.50/1000 gallons for al I over 2000 gal Ions
This rese,l ut i on to become a part of the official minutes of
the Board meeting held on March 19, 1990.
Motion made by . CaIIlIissioner Mayo Smith .
seconded by . Commissioner Bill Shaw .
to adopt the resolution. Motion passed . 5 . to . 0 .
ATTEST I L-~^ '(J.~BY'~~~'-:
Clerk J Chairman
"
247
DOCUMENT NO. 2.
HARNETT COUNTY
NORTH CAROLINA
I Resolution Amending Transportation Development Plan
for Harnett County, North Carolina
, Approved February 15, 1988
WHEREAS, the Harnett County Board of Commissioners approved a
Transportation Development Plan on February 15. 1988: and
WHEREAS, this Board is of the opinion that the amendment set forth below
is necessary to the clear and efficient working of the Transportation
Development Plan for Harnett County, North Carolina.
NOW, THEREFORE, BE IT RESOLVED that Section F, Item 6. of the
Transportation Development Plan which addres.e. purchase of bulk fuel storage
tank is hereby deleted and replaced with the amended Section F, Item 6. of the
Plan as provided below.
Section F.
Item 6. By July, 1989, the Transportation Department will provide
vehicle maintenance to participating agencies.
BE IT FURTHER RESOLVED that any referral to above mentioned bulk fuel
storage tank thereafter in the Transportation Development Plan is hereby
canceled.
Duly adopted this 19th day of March, 1990.
HARNETT COUNTY BOARD OF COMMISSIONERS
I ,~~h~
11' d q;. stewart, Chairman
ATTEST:
-;;-~ '1,J . '-(,$'~
Vanessa W. Young, cl to he Board
DOCUMENT NO. 3.
STATE OF NORTH CAROLINA,
COUNTY OF BARNETT. !~!!!!!!!
THIS AGREEMENT, made and entered into by and between the
BARNETT COUNTY COUNCIL FOR SENIOR CITIZENS, INC. , a non-profit
corporation organized and existing under the laws of the state of
North Carolina, hereinafter referred to as "Counciln, party of
the first part, and the COUNTY OF HARNETT, a body politic and
I corporate existing under the laws of the State of North Carolina,
acting through its Department of Transportation, hereinafter
referred to as "County", party of the second part:
!!.!!!!!!!!!!:
THAT WH~REAS, the County has participated in the preparation
of a Transportation Development, Plan for said County, and
WHEREAS, the Council is the titled owner of several motor
vehicles, to wit: a 1988 Dodge Van bearing serial number
2BSWB31WOJK166827, a 1988 Ford Van bearing serial number
IFDKE37H6JHB6ll35, a 1983 Ford Van bearing serial number
248
IFTJS35G8DHB34252, a 1983 Ford bearing serial number
IFTJS35G6DHB34251, a 1983 Plymouth Van bearing serial number
2P5WB3lW7DK363125, a 1983 Plymouth Van bearing serial number
2P5WB3lWODK363l27, a 1980 Dodge Van bearing serial number
B36KTAX133702, a 1984 Ford Van bearing serial number I
IFBHS3lG2EHB7l761, and a 1984 Ford Van bearing serial number
IFBHS3lG4EHB7l762, and
WHEREAS, the Council may become the titled owner of other
motor vehicles in the future which are subject to liens as
hereinafter set forth, and
WHEREAS, a portion of the funding for such vehicles has been
provided by the Urban Mass Transit Authority, and other motor
vehicles of which the Council may become the titled owner could
be provided with the assistance of such Authority, and
WHEREAS, all of such vehicles which are presently titled to
the council are subject to liens in favor of the North Carolina
Department of Transportation, Public Transportation Division, and
WHEREAS, those which might be hereafter acquired as above
set forth will be subject to such liens in favor of the North
Carolina Department of Transportation, Public Transportation
Division, and
WHEREAS, the Council desires to contract with the County for
the maintenance and repair of such vehicles and with respect to I
other matters as below providedf
NOW, THEREFORE, for and in consideration of the sum of one
dollar ($1.00) paid by each party hereto to the other, the
receipt of which is hereby acknowledged, and other good and
valuable consideration, the Council and the County agree as
follows:
1. The County shall have full and complete management
control, scheduling control, supervision, oversight and authority
over and in connection with the above referenced vehicles, both
those presently titled or those hereafter acquired as above set
forth, and their utilization, subject to the terms and conditions
Transportation Development Plan applicable to the County, any
liens of the North Carolina Department of Transportation, Public
Transportation Division, and any regulations of the Urban Mass
Transit Authority.
2. The County shall provide or supply all maintenance and
repairs for the vehicles referenced in paragraph 1 above.
3. The County shall be responsible for securing and
maintaining all necessary liability, comprehensive and physical I
damage insurance coverage on and in connection with the above
referenced vehicles in order to meet all requirements of law and
any requirements of the herein referenced Transportation
Development Plan.
4. The County shall provide all necessary license tags or
plates to permit operation of the above referenced vehicles on
the highways of the State of North Carolina.
Entered into as of this day of , 19 ~
the execution of duplicate originals of this agreement as below
set forth.
249
DOCUMENT NO.4.
ae.olution Awarding Contract
(Sle..ted ~.nk P.inting Project)
.
I THAT WHEREAS, the Board of Commissioners of the County of
Harnett (hereinafter sometimes referred to as the "Board") by
resolution adopted at its meeting on January 16, 1990, authorized
the advertisement for bids for a contract to repaint the 300,000
gallon elevated water storage tank located near Coats, which is
leased and operated by the County of Harnett; and
WHEREAS, pursuant to said authorization, the appropriate
representatives of the County of Harnett did advertise bids for
said contract according to and as provided by law; and
WHBREAS, sealed bids were received by the County of Harnett
until 3:00 o'clock p.m. on March 14, 1990, and thereafter said bids
were opened; and
WHEREAS, the Board has now received from Marziano & Minier the
engineers for the Project, the results from the public bids on said
contract; and
WHBREAS, the Engineers' Discussion of Bids has recommended
award of the Contract to the lowest responsible bidder which has
presented a legally sufficient bid based on acceptance of the
proposal that will result in the best pricing available to the
County of Harnett; and
WHEREAS, the Board considers it in the best interest of the
County of Harnett to proceed with acceptance of the lowest contract
proposal, to award said contract and make provisions for execution
of such documents as are required related thereto.
NOW, THEREFORE, BE IT RESOLVED by 'the Board of Commissioners
of the County of Harnett that:
Section 1: The contract for the repainting of said
elevated water storage tank shall be and is hereby
awarded to J & W Sandblasting, Inc., New B,rn, Nortl1
Carolina for the total bid amount of $38,000.
I Section 2: The appropriate representatives of the
County of Harnett shall prepare and otherwise
provide contract documents for execution.
Section 3: Upon review and approval of said contract
documents by the Harnett County Public Utilities
Attorney, the Chairman of the Board of Commissioners
is hereby authorized and directed to execute the
same for and in behalf of the County of Harnett.
Section 4: The Director of Public Utilities is
authorized to execute a Notice of Award and such
other documentation as is necessary to commence work
on the contract.
Duly adopted this the 19th day of March, 1990 upon motion made
by Commissioner Hudson , seconded by CoIlInissioner
-ahAw and adopted by the following vote:
AYES 5 NOES 0 ABSTAINED 0 ABSENT 0
BOARD OF COMMISSIONERS OF
THE COUNTY OF HARNETT
DISCUSSION OF BIDS
.
Harnett County Utility Dept. M&M Project 89028
Elevated Tank 'ainting March 14, 1990
Contract 1
ORHR~
"
Formal bide were received and read aloud at 3.00 p.m., March 14,
1990, in the conference room at the County Water Plant on W.
Duncan Street in Ll1lington, N. C. The project wa. advertised
I according to State Statutes in a local Newspaper and in bulletins
of the As.ociated General Contractors of America and the F. W.
DOdge Corporation. Basically, the project involved surface
preparation, painting and reconditioning of a 300,000 gallon
elevated water tank near the Town of Coats for the Harnett County
Department of Public Utilities.
PRO~
Seven Contractor. reque.ted bid documents and six Contractor.
submitted propelal. for thl. project. The bid documents required
that the contractor provide one lump-.um price for the work and
wa. to name the paint aenufacturer that "he ba..d hi. bid upon.
Additionallt, the bid docu..nt. required that the Contractor
provide a S bid bond with hie propo.al. B.eh Contractor wee to
allow an ..aunt of '1,500.00 in hie propos.l for ~he hauling and
di.po..l of the interior bla.t re.idue. Thi. was nec...ary in
ea.e ~he re.idue contained any lead and had to be .peclallydhpo.ed of. .
---------
250 The low propoBal was submitted by J & W Sandblasting of Newbern,
N. C. at a lumC-Ium price of $38,000.00. The second low yroposal
waB submitted y Charlotte Tank' Lining Company of Mt. Peasant,
N. C. A li.t of each Contractor and their propolal price appends
thil Dilcuelion of Bids.
The Bngineer. feel that the project was well advertiee to the
con.truction indue try and that the propolall received ~r the be~~
that can be expected at this time. A dilcussion held ith one 0
the Contractor. after the bid 01ening indicated that there
appeared to be nothing that cou d be eliminated from thie project
to reduce the construction price and obtain the desired paint
Iystem. Baled upon the above opinion, the Engineere recommend
award of this project tOI .
J , W Sandblasting, Inc. I
115 N. First Street 28560
Newbern, North Carolina
Lump-Sum Price. $38,000.00
PIHANCI~
The project will be funded from funds budgeted from the operating
budget of the Department of Public Utilitie.. ~he funding
requirement. are recommended to be a8 follower
Project COlts
Conetruction $38,000.00
Technical Pees 2.800.00
(
Total Project $40,800.00
It is felt that no contingency funde will be neceeBary for thie
project,. The contract documents required that the Contractor
allow $1,500.00 in his proposal price for the hauling and
disposal of interior blast residue. This amount should be
sufficient to act as a contingency fund. Experience with past,
similar projects indicates that only about $500.00 of thil amount
may be needed for disposal of the residue if no lead il pre.ent
in the material.
BUMMARY
The Engineere are plealed to have aSlilted the Harnett county
Department of Public Utilities in acquiring bonafide conetruction
proposals for this project. We stand ready to as.ist you with
the award and construction management of this project.
Submitted thie 15th day of March, 1990.
KARZIANO , MINIER, PA I
ByJJr!~~
. J. Mar. no, P.E.
.ID TABULA'l'IOR
HARNETT COUNTY DEPARTMENT or PUBLIC UTILITIBS
ILBVATED TANK PAINTING
, CONTRACT NO. 1
.
.
, M'M pto,ect 89028
Place. Water plant, Lillington, N. C.
Checked by' H. J. Marziano
Approved by. H. J. :Maraiano
:'8ge 1 of 1
· The Contractor agree. to perform all work al Ireelfled, to
furnilh all labor, tool., equipment, transportat on, and all
other incidentale neceeeary for the completion of Contract 1 -
Reconditioning of Elevated Water Tank;
The Contractor offers a lump lum bid iinoludlng 811owanoe(8)
Ipeeifled ln Section I-A of the Specl icatione) for the complete
execution of Contract I ln the amount ofl II
Contx:actor u..La Paint Manufactu~er
~
J , w Sandbla.tln9, Inc. $38,000.00 Tenemec
115 N. rlrlt Avenue
Newbern, N. C. 38560
Charlotte Tank Lining Cd-. $38,810.00 Pennebury
PO Box 668
Mt. Ple..ant, N. C. 28124
Se~vlce Paintin; Inc. $39,400.00 Sherwin William. I
PO Box CUO
Cery, N. C. 27519
G II S Painting $46,500.00 Kopper.
Rt. 2, Box 204-X
Mont.erey, Tn. 38574
Utility Servlce Co. $47,315.97 Tenemee
PO Box 468
Madllon, N. C. 27025 I
~
Southern Corro.lon Inc. $50,875.00 Penn.bury
Rt. 1, Box 1188
Roanoke Rapid., N. C. 2787t
1 HIR!BY CERTIFY THAT THIS .. ( '-t\'1'C''''''"
IS A TRUI TABULATION OF BIDS .....' \ A "0"'"
RICEIVED ON MARCH 14, 1990 "'Oq,. .......... ~~''''
FOR THE HARNETT COUNTY ELEVATED f;,: ('I"".~ "?....
TANK PAINTING, CONTRACT I. .. · SEAL 1- J
V~~"Ji.6l"A I. )JiJ,. .I~""" h . -:r. 7707 ~
\~ .~Ar_u'~."_ ~.,