04161990
267
HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 16, 1990
The Harnett County Board of Commissioners met in regular session on Monday,
April 16, 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 Dallas H. Pope, County Manager; W. Glenn Johnson, County Attorney;
Vanessa W. Young, Clerk to the Board; and Kay S. Blanchard, Recording
Secretary.
Chairman stewart called the meeting to order at 7 p.m.
Commissioner Shaw offered the invocation.
Commissioner Smith moved for the approval of the minutes of the regular
meeting, April 2, 1990. Commissioner Smith seconded the motion and it passed
with a unantmous vote.
PROCLA~1ATION RE: Debbie Sox, President of Harnett County Homemakers Association, presented a
EXTENSION HOMEMAKERS proclamation concerning Extension Homemakers Week, April 6-12, 1990.
WEEK Commissioner Hudson moved for the adoption of the proclamation. Commissioner
Smith seconded the motion and it passed with a unanimous vote. The
proclamation is copied in full at the end of these minutes dated April 16,
1990, as document no. I.
PUBLIC HEARING ON Chairman Stewart called to order a public hearing on C~.;,lnity Development
CDBG GRANT APPLICATION Block Grant Application for community development.
C. T. Clayton, Ragsdale Consultants, provided comments concerning the
Community Development Block Grant application and explained that the purpose
of the public hearing was to obtain public comments concerning the proposed
grant funding application.
Chairman Stewart opened the meeting for public comments. No comments were
offered. Chairman Stewart closed the public hearing.
I PUBLIC HEARINGS ON Carla Stephens, Planning Director, briefed the group that there would be three
ROAD NAME CHANGE public hearings concerning applications for proposed road name changes and
APPLICATIONS explained the purpose was to obtain public comments concerning the proposed
road name changes.
TONY A. BROWN Chairman Stewart called to order a public hearing concerning application for
Tony A. Brown, S.R. 1252, Upper Little River Township, current road name:
M.M. Jernigan Road, requested road name: Ernest Brown Road.
Carla Stephens, Planning Director, presented the application to the Board.
Chairman stewart opened the meeting for public comments. The following
citizen provided comments:
I. Mrs. M. M. Jernigan - against - suggested compromise of Jernigan-
Brown Road or Brown-Jernigan Road
Chairman Stewart closed the public hearing concerning application for proposed
road name change for Tony A. Brown.
Chairman Stewart called to order a public hearing concerning application for
PATRICIA MCKEE Patricia McKee, S. R. 1236, Upper Little River Township, current road name:
Nordan Road, requested road name: Grameta Lane.
Carla Stephens, Planning Director, presented the application to the Board.
Chairman Stewart opened the meeting for public comments. No comments were
offered and Chairman Stewart closed the public hearing concerning application
for proposed road name change for patricia McKee.
VIRGINIA TURNER LUCAS Chairman stewart called to order a public hearing concerning application for
Virginia Lucas Turner, S. R. 2044, Anderson Creek & Stewart's Creek Townships,
current road name: Baker Road, requested road name: Will Lucas Road.
I Carla Stephens, Planning Director, presented the application to the Board.
Chairman Stewart opened the meeting for public comments. The following
citizen provided comments:
1. Virginia Lucas Turner - for
Chairman Stewart closed the public hearing concerning application for proposed
road name change for Virginia Lucas Turner.
PUBLIC HEARINGS ON Carla Stephens, Planning Director, briefed the group that there would be two
ZONING CHANGE REQUESTS public hearings concerning applications for proposed zoning district changes
and explained the purpose was to obtain public comments concerning the
proposed zoning district changes.
268
NO~~N FRANK LEWIS Chairman stewart called to order a public hearing concerning application for
Norman Frank Lewis, Jr., from RA-30 Zoning District to RA-20R Zoning District,
Neill's Creek Township, S. R. 1006 and NC 27, approximately 6.5 acres.
Carl~ Stephens, Planning Director, presented the application to the Board.
Chairman stewart opened the meeting for public comments. The following
citizen provided comments: I
1. Gene Stewart, Buies Creek - against
Chairman stewart closed the public hearing concerning application for proposed
zoning district change for Norman Frank Lewis, Jr.
RICKIE M. WEST Chairman Stewart called to order a public hearing concerning application for
Rickie M. West, from RA-40 Zoning District to RA-30 Zoning District,
Lillington, Township, NC 27, approximately 0.92 acre.
Carla Stephens, Planning Director, presented the application to the Board.
Chairman stewart opened the meeting for public comments. No comments were
offered and Chairman stewart closed the public hearing concerning application
for Rickie M. West.
PUBLIC HEARING ON Chairman stewart called to order a public hearing concerning a Subdivision
SUBDIVISION ORDIN. Ordinance Amendment.
AMENDMENT
" Carla Stephens, Planning Director, briefed the group on the proposed
Subdivision Ordinance Amendment and explained the purpose of the public
hearing was to obtain public comments concerning the proposed subdivision
Ordinance Amendment. Chairman Stewart opened the meeting for public comments.
The following citizens provided comments concerning the proposed Subdivision
Ordinance Amendment:
1. Ed Bain, Lillington - for
2. Bobby Johnson, Dunn - for
3. Jim Johnson, Dunn - general comments
Chairman stewart closed the public hearing on the proposed Subdivision I
'Ordinance Amendment.
ROAD NAME CHANGES The Board considered the following applications for road name changes:
CONSIDERED
TONY A. BROWN 1. Tony A. Brown, S.R. 1252, Upper Little River Township, current road
name: M. M. Jernigan, requested road name: Ernest Brown Road.
The Planning Board recommended approval of the application.
Commissioner Smith moved to deny the change to Ernest Brown Road and
asked that the citizens of that road obtain the wishes of the
majority of landowners on the road, and then to reapply for road name
change. The fee for the new application will be waived.
Commissioner Shaw seconded the motion and it passed with a unanimous
vote.
PATRICIA MCKEE 2. Patricia McKee, S.R. 1236, Upper Little River Township, current
road name: Nordan Road, requested name: Grameta Lane. The Planning
Board recommended approval of the application. Commissioner Hudson
moved for approval of the road name change request. Commissioner
Shaw seconded the motion and it passed with a unanimous vote.
VIRGINIA LUCAS TURNER 3. Virginia Lucas Turner, S.R. 2044, Anderson Creek & Stewart's
Creek Townships, current road name: Baker Road, requested road
name: Will Lucas Road. The Planning Board recommended approval of
the application. Commissioner Shaw moved for the approval of the
road name change. Commissioner Hudson seconded the motion and it
passed with a unanimous vote.
ZONING CHANGE REQUESTS The Board considered the following applications for zoning district change:
CONS IDERED
NORMAN FRANK LEWIS 1. Norman Frank Lewis, Jr. - from RA-30 Zoning District to RA-20R
Zoning District. A letter from Mr. Lewis was read which stated I
in part,"Based on my physical condition and medication I am
currently taking, request that consideration of my application for
rezoning be delayed or rescheduled until May 21, 1990." Commissioner
Hudson moved that the Board delay consideration of the application
until the May 21, 1990, Board meeting. commissioner Shaw seconded
the motion and it passed with a unanimous vote.
RICKIE M. WEST 2. Rickie M. West - from RA-40 Zoning District to RA-30 Zoning District,
Lillington Township, NC 27, approximately 0.92 acre. 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.
------
269
SUBDIVISION ORDINANCE Carla Stephens, Planning Director, presented an Amendment to the Subdivision
M1ENDMENT CONS !DERED Regulations for Harnett County. Commissioner Shaw moved for the adoption of
the Subdivision Regulations Amendment. Commissioner Smith seconded the motion
and it passed with a unanimous vote. The amendment is copied in full in the
Harnett County Ordinance Book 1, page~'.
I RESOLUTION RE: Dallas H. Pope, County Manager, presented a resolution concerning
REVITALIZATION OF revitalization of downtown Dunn. Commissioner Smith moved for the adoption of
DOWNTOWN DUNN the resolution. Commissioner Hudson seconded the motion and it passed with a
unanimous vote. The resolution is copied in full at the end of these minutes
dated April 16, 1990, as document no. 2.
RESOLUT ION RE: W. Glenn Johnson, County Attorney, presented a resolution requesting the State
FIRE PROTECTION DISTRICTS Legislature to approve a local bill concerning fire protection districts.
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 April 16, 1990, as
document no. 3.
BRIEFING ON PROPOSED Ray Pleasant, Town of Angier Attorney briefed the Board concerning proposed
REORGANIZATION OF reorganization of Angier-Black River Fire District.
ANGIER-BLACK RIVER FIRE
OIST. Dan Gardner, Emergency Medical Services Director, presented a request from the
REQUEST FROM B.C.V.F.D. Buies Creek Volunteer Fire Department to be recognized as First Responders
with sponsor to be Harnett County Emergency Medical Service. The Board
TO BE FIRST RESPONDERS requested the County Attorney to evaluate the request.
TRAINING OPERATION WITH Henry Johnson, Emergency Management Coordinator, briefed the Board on request
for assistance in conducting a training operation by the 3rd Battalion, 1st
U.S. ARMY Special Warfare Training Group (Airborne), United States Army John F. Kennedy
Special Warfare Center and School. Civil-Military Operation Course classes
have been conducted in Harnett County and were very successful. Commissioner
Smith moved for the approval of Harnett County's participation in a joint
effort with the J.F.K. Special Warfare Center for Civil-Military Operation
Course classes. Commissioner Shaw seconded the motion and it passed with a
unanimous vote.
I BART ADAMS APPOINTED TO Commissioner Smith moved for the appointment of Mr. Bart Adams to the Eastern
EASTERN CAROLINA REGIONAL Carolina Regional Housing Authority for a five-year term. Commissioner Hudson
HOUSING AUTHORITY seconded the motion and it passed with a unanimous vote. Mr. Adams replaces
Mr. Hoover Adams whose term expires June 30, 1990.
RESOLUTION RE: SCADA John M. Phelps, II, Public Utilities Attorney, presented a resolution
INSTALU1ENT PUR. CONTRACT regarding Installment Purchase Contract for Supervisory Control and Data
Acquisition System. 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 April 16, 1990, as document no. 4.
RESOLUTION RE: WATER John M. Phelps, II, Public Utilities Attorney, presented a resolution
PURCHASE CONTRACT WITH authorizing execution of Water Purchase Contract with Southwest Water and
SOUTIDVEST W & S DIST. Sewer District of Harnett County. Commissioner Shaw moved for the adoption of
the resolution. Commissioner Smith seconded the motion and it passed with a
unanimous vote. The resolution is copied in full at the end of these minutes
dated April 16, 1990, as document no. S.
RESOLUTION RE: ~~NAGEMENT John M. Phelps, II, Public Utilities Attorney, presented a resolution
CONTRACT WITH SOUTHWEST authorizing execution of Management Contract with Southwest Water and Sewer
W & S DISTRICT District of Harnett County. Commissioner Collins moved for the adoption of
the resolution. Commissioner Hudson seconded the motion and it passed with a
unanimous vote. The resolution is copied in full at the end of these minutes
dated April 16, 1990, as document no. 6.
BRIEFING BY TOWN OF Mr. Ed Menninger, representing the Town of Lillington and several citizens of
LILLINGTON RE: COURTHOUSE the surrounding area, presented concerns on rumors that the County was
LOCATION considering moving the location of the Harnett County Courthouse. Mr.
Menninger presented a petition in the form of a resolution stating that:
I "We desire the Harnett County courthouse be maintained in the area of the
intersection of Front Street and Main Street, Lillington, North Carolina," and
" We request and urge our County Commissioners to take steps, which in their
discretion and good judgement they deem proper, to locate a new courthouse
facility in the area of the intersection of Front Street and Main Street,
Lillington, North Carolina." The petition contained approximately 300
signatures. Mayor Lincoln Faulk and Town Commissioner Sirena Byrd also made
comments concerning the courthouse location.
REORGANIZATION OF Dallas H. Pope, County Manager, briefed the Board on proposed County
ADMINISTRATION DEPT. organizational changes. Commissioner Hudson moved that a new organizational
unit be established within the current Harnett County organization with two
new positions being Assistant County Manager and an Administrative Assistant.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
The organizational chart reflecting the changes is copied at the end of these
minutes dated April 16, 1990, as document no. 7.
270
PUBLIC HEARING Commissioner Smith made a motion for the Board to schedule a public hearing on
SCHEDULED FOR the 201 wastewater facilities amendment and to meet in special session to
201 WASTEWATER consider the amendment and other matters on April 30, 1990, at 7:30 p.m.
FAC. AMEND. Commissioner Shaw seconded the motion and it passed with a unanimous vote. I
BUDGET ~1ENDMENTS Carla Stephens, Planning Director, requested the following budget amendment
for the Planning Department:
500. increase
Code 10-7200-011 Telephone & Postage
10-7200-026 Advertising 2,500. increase
Revenue: 10-3990-000 Fund Balance Appropriated 3,000. increase
Commissioner Smith moved for the approval of the budget amendment.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
Gayle P. Holder, Register of Deeds, requested the following budget amendment
for the Register of Deeds Department:
Code 10-4800-021 Building & Equipment Rent 1,650. increase
10-4800-074 Capital Outlay - Equipment 3,600. increase
Revenue: 10-3990-000 Fund Balance Appropriated 5,250. increase
Commissioner Smith moved for the approval of the budget amendment.
Commissioner Collins seconded the motion and it passed with a unanimous vote.
Bobby Wicker, Tax Administrator, requested the following budget amendment for
the Tax Department:
Code 10-4500-002 Salaries & Wages 3,918. increase
10-4500-003 Salaries & Wages-P.T. 14,776. increase
10-4500-004 Professional Services 12,000. increase
10-4500-005 F.I.C.A. Tax Expense 1,524. increase
10-4500-006 Group Insurance Expense 450. increase
10-4500-007 Retirement Expense 197. increase
10-4500-045 Contracted Services 16,000. decrease I
Revenue: 10-3990-000 Fund Balance Appropriated 16,865. increase
Commissioner Hudson moved for the approval of the budget amendment.
Commissioner Smith seconded the motion and it passed with a unanimous vote.
Bobby Wicker, Tax Administrator, requested the following budget amendment for
the Tax Department:
Code 10-4500-026 Advertising 4,000. increase
Revenue: 10-3990-000 Fund Balance Appropriated 4,000. increase
Commissioner Shaw moved for the approval of the budget amendment.
Commissioner Collins seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Agricultural Extension:
Code 10-7300-059 4-H Day Camp 1,661. increase
Revenue: 10-3480-073 CBA 4-H Day Camp 1,661. increase
Commissioner Smith moved for the approval of the budget amendment.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Public Buildings:
Code 10-5000-033 Materials & Supplies 4,200. increase
Code 10-5000-073 Cap. Outlay-Other Improv. 19,800. increase
Revenue: 10-3990-000 Fund Balance Appropriated 24,000. increase
Commissioner Collins moved for the approval of the budget amendment. I
Commissioner Smith seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Harnett County Blue Cross/Blue Shield:
Code 16-4000-001 Expenditures 160,000. increase
Revenue: 16-3350-000 Misc. Revenues 160,000. increase
Commissioner Collins moved for the approval of the budget amendment.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
~
271
REPORTS Reports for the month of March were filed with the Board from the following
departments: Health Department, Planning Department, Industrial Development,
Emergency Medical Service, Agricultural Extension, Library, and Sheriff's
Department.
I SOFTWARE MAINTENANCE w. Glenn Johnson, County Attorney, presented for consideration a software
AGREE. FOR BD. OF maintenance agreement for the Board of Elections between County of Harnett and
ELECTIONS WITH W. P. Ferris, Inc. Commissioner Smith moved for the approval of the
W.P. FERRIS, INS. maintenance agreement. Commissioner Shaw seconded the motion and it passed
with a unanimous vote.
PUBLIC HEARING W. Glenn Johnson, County Attorney, presented a resolution concerning
SCHEDULED ON scheduling of a public hearing regarding minority contracting goals.
MINORITY PARTICIPATION Commissioner Smith moved for the adoption of the resolution. Commissioner
GOALS Collins seconded the motion and it passed with a unanimous vote. The
resolution is copied in full at the end of these minutes dated April 16, 1990,
as document no. 1.
EXECUTIVE SESSION Commissioner Shaw made a motion that the Board go into executive session.
Commissioner Collins seconded the motion and it passed with a unanimous vote.
Commissioner Smith made a motion that the Board come out of executive session.
Commissioner Hudson seconded the motion and it passed with a unanimous vote.
ADJOURNMENT There being no further business, the Harnett County Board of Commissioners
regular meeting of April 16, 1990, duly adjourned at 10:30 p.m.
~:2.1tz;~
_K~, ttlL1l1~JI~
I Kay'S. Blanchard, Recording Secretary
i~:tCl~~oard
I
272
DOCUMENT NO. 1.
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DOCUMENT NO.2.
HARNETT COUNTY
NORTH CAROLINA
RESOLU'fiON
THAT WHEREAS, Harnett County supports all economic development
efforts within the County: and
WHEREAS, the City of Dunn and their Central Business District
continue to be a major contr1butor of economic development within
the County: and
WHEREAS, the City of Dunn and the Downtown Merchants are in the
process of applying for the North Carolina Main street Program to aid
in the revitalization of its downtown business area: I
NOW, THEREFORE, BE IT RESOLVED, that the Harnett County Board of
Commissioner do hereby fully support the City of Dunn and the Downtown
Merchants in their downtown revitalization efforts and their Main
Street application.
Duly adopted this 16th day of April, 1990.
HARNETT COUNTY BOARD OF COMMISSIONERS
~AJ~'
yd . Stewart, Chairman
ATTEST:
~'1Ji.~
Vanessa w. Young, C~k t the Board
273
DOCUMENT NO. 3.
I STATE OF NORTH CAROLINA,
COUNTY OF HARNETT.
RESOLUTION
THAT WHEREAS, the County of Harnett is a body politic and
corporate existing within the State of North Carolina, and
WHEREAS, the County of Harnett has within its boundaries
numerous fire protection districts which were established at
various times and in which taxes are levied for the purpose of
providing fire protection services pursuant to the provisions of
Chapter 69 of the General Statutes of the State of North
Carolina, and
WHEREAS, the respective boundaries of said fire protection
districts within which taxes are so levied presently extend a
maximum of four (4) road miles from the fire headquarters serving
such districts, and
WHEREAS, pursuant to legislation enacted by the General
Assembly of the State of North Carolina the boundaries of fire
insurance districts may, through appropriate action duly taken,
be extended for a distance of five (5) road miles from the fire
headquarters from which such districts are served, and
WHEREAS, a proposal has been made to the Harnett County
Board of Commissioners that it consider the expansion of certain
or all of the fire protection districts in which taxes are levied
as above set forth within Harnett County to include all property
within a distance of up to five (5) road miles from the
respective fire headquarters from which such districts are
I served; and
WHEREAS, the possible uniform and coordinated expansion of
such districts to a maximum of five (5) road miles from the
respective fire headquarters from which such service would be
provided would be very difficult if not impossible without the
enactment of local legislation by the North Carolina General
Assembly because of the limited existing statutorily ordained
mechanisms for so doing, and
WHEREAS, the protection of the public health, safety and
welfare could require the expansion of said districts as so
proposed on a uniform and coordinated basis, and the laws of the
State of North Carolina do not presently facilitate such a
uniform and coordinated expansion,
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners
of Harnett County, North Carolina, that the legislative
delegation representing Harnett County in the North Carolina
General Assembly is requested to introduce and secure the passage
of local legislation authorizing the Harnett County Board of
Commissioners to conduct a public hearing after due notice and to
take such further and additional action as it might deem
appropriate to determine whether the fire protection districts
within said county in which taxes are levied for the providing of
fire protection services should be expanded to provide for
protection of the public health, safety and welfare to include
adjoining areas up to a maximum of five (5) road miles of the
respective fire headquarters serving such districts, and to take
action so doing.
This 16th day of April, 1990.
HARNETT COUNTY BOARD OF COMMISSIONERS
By: &JJ~
-L~y G. Stewart, Chairman
I ATTEST:
-J~.~
Vanessa Youn Cle
-- --~_.__.-
274
DOCUMENT NO.4.
RESOLUTION REGARDING
INSTALU..:......... PURCHASE CONTRACT
SUPERVISORY C................OL AND DATA ACQUISITION SYSTEM
(ADDITIONAL LOAN)
WIT N E SSE T H : I
The Harnett County Board of Commissioners (hereinafter
sometimes referred to as the "Board") at its meeting on February
5, 1990, preliminarily determined that it desired to acquire and
install a Supervisory Control and Data Acquisition System
(hereinafter sometimes referred to as the "SCADA" System) and that
it further desired to finance a portion of the costs incurred in
connection therewith pursuant to an installment purchase contract
as authorized by N.C. Gen. Stat. S160A-20. The SCADA System is to
be used by the Harnett County Department of Public Utilities for
the purpose of monitoring and regulating the water distribution
systems it operates.
At the time of said meeting, based upon the estimates provided
by the Consulting Engineers, the sum of $200,000 was determined to
be the amount of the loan needed in connection with the installment
purchase contract.
In order to proceed with the processing of the installment
purchase contract, the Board directed that an Application be filed
with the North Carolina Local Government Commission seeking
approval of the contract, directed that a public hearing be held
regarding the advisability of the County of Harnett entering into I
such a contract, and made certain findings and took such other
actions as it deemed appropriate, all as set forth in that certain
resolution adopted by the Board on February 5, 1990 entitled
"Resolution Regarding Installment Purchase Contract" ( Supervisory
Control and Data Acquisition System)".
Pursuant to the direction of the Board, a Public Hearing was
held on February 19, 1990 regarding the installment purchase
contract and, at said hearing, anyone who wished to be heard on the
advisability of the County of Harnett (hereinafter sometimes
referred to as the "County") entering into said contract was given
the opportunity to comment thereon.
Subsequent to said public hearing, the Board selected First
Citizens Bank & Trust Company, Raleigh, North Carolina as the
financial institution with which it desired to enter into said
installment purchase contract, and set forth in a resolution
adopted on February 19, 1990 entitled "Resolution Selecting Bank
and Specifying Details Regarding Installment Purchase Contract
(Supervisory Control and Date Acquisition System) " the details
regarding said contract. I
Thereafter, at its meeting on March 6, 1990, the Local
Government Commission formally approved said installment purchase
contract, subject to completion of certain documentation related
thereto.
On March 8, 1990, bids for the SCADA System were opened and
it was thereafter determined that all bids received exceeded the
engineer's estimate of the contract amount. Pursuant to resolution
adopted by the Board on April 2, 1990, entitled "Resolution
Establishing Procedures Regarding Contract for Supervisory Control
and Data Acquisition System," the Board authorized the appropriate
275
representatives of the County to negotiate with the lowest
responsible bidder so as to obtain a contract amount that was
acceptable to the County.
I Based upon the negotiations as stated, and considering other
cost estimates for the Project which are now more readily
ascertainable, the total SCADA System project cost is as follows:
Acquisition/Installation 304,200
Administrative and Legal 6,000
Bngineering/Technical Services 44,000
Capitalized Interest 10,000
Contingency ...ll.. ROO
TOTAL 388,000
The revenue to finance the cost of the acquisition and
installation of the SCADA System is planned to be derived from two
sources, stated as follows:
Cash available 153,000
Loan proceeds 235.000
388,000
The cash available is derived from monies budgeted for SCADA
equipment associated with existing water facilities and on going
water facilities construction. As stated, the remainder of the
cost of the SCADA System is to be financed.
As previously stated, the Board had selected First Citizens
Bank & Trust Company to be the bank with which it desired to enter
I into said installment purchase contract. Representatives of said
Bank have now advised that it will provide the additional loan
funds needed for the project in the amount of $35,000 (for a total
loan in the amount of $235,000) under the same terms as it had
previously stated for the original loan estimate, to wit:
1- The maximum amount of funds to be obtained through said
contract shall be the sum of $235,000.
2. The term of the contract shall be 120 months.
3. The interest rate with respect to said contract shall be
a variable rate, equal to 72' of the Prime Rate of the
Bank (as announced by the Bank from time to time) ,
subject to a minimum rate of 7' and a maximum rate of 8'.
4. Payments shall be made on a monthly basis.
5. The contract documents shall be prepared in substantial
conformity to that suggested contract provided as part
of the "Procedures and Policies for Approval of
Installment Purchase Contracts" issued by the Department
of the State Treasurer.
6. The said contract shall be subject to review and approval
I by the Local Government Commission of the Department of
the state Treasurer.
In evaluating the most appropriate method for financing the
cost of the acquisition and installation of the SCADA System, the
County had previously determined that it should pursue the use of
an installment purchase contract, and now desires to continue such
pursuit.
In connection therewith, the County has consulted the Local
Government Commission of the Department of the State Treasurer and
has been advised that it must make reapplication to the Commission
276
for approval of a new contract with the additional loan amount
provided for therein.
Additionally, based upon the information previously obtained
by the County, it finds that the most appropriate financial I
institution with which to finance the SCADA System project is First
Citizens Bank & Trust Company. The First Cititzen's rate was
determined to be the most feasible, and the suggested contract
documents to be appropriate. The proposal of Mid South Bank &
Trust Company was withdrawn and the proposal of Southern National
Bank was found to be unacceptable because there was no ceiling on
the interest rate.
With regard to installment purchase contract financing, the
County had previously requested financing proposals from the
following financial institutions:
1 First Citizens Bank & Trust Company
2 Mid South Bank & Trust Company
3 MNC Government Finance
4 NCNB National Bank of North Carolina
5 Southern National Bank of North Carolina
6 Wachovia Bank & Trust Company
and received proposals from the following of those above named:
1 First Citizens Bank & Trust Company
2 Mid South Bank & Trust Company
3 Southern National Bank of North Carolina I
After evaluating the proposals of the institutions named, it
was the opinion of the County that the acquisition of the SCADA
System should be financed under the installment purchase contract
method, and that the institution with which the financing should
be arranged would be First Citizens Bank & Trust Company.
In support thereof, and for the purpose of complying with the
aforementioned procedures and policies for approval of installment
purchase contracts as specified by the Department of the State
Treasurer, the Harnett County Board of Commissioners, as the
governing body of the County, hereby makes the following findings
and/or statements:
1. The proposed contract with First Citizens Bank &
Trust Company regarding the financing of the
acquisition of the SCADA System, should provide for
a loan in the maximum sum of $235,000. The terms
shall be as hereinabove set forth.
2. The acquisition of the SCADA System and the
financing therefor as described is necessary and I
expedient for the County for the following reasons:
a) Harnett County covers an area roughly 30 by 20
miles with a number of facilities located near
the perimeter. Therefore, the water system
must be controlled over relatively large
distances. The Cou~ty also must control tank
levels by running pumps in stations several
miles from the tank sites. The needed controls
can be met by the SCADA System which will
277
monitor tank levels and start pumps to
replenish the tanks.
I b) Harnett County purchases electrical energy from
Carolina Power and Light Company at rates which
vary depending on the time of day and the
season. The SCADA System will control the
water system so that it will operate during low
rate periods, thus reducing energy costs to the
County.
c) The SCADA System will monitor misoperation of
the water system and/or equipment malfunctions.
These problems would be immediately detected
and the Utility Department could then respond
without having to rely on customer reports.
d) The SCADA System will monitor and c_-'J:" ,lte data
to determine needs for increases in capacity
and to identify areas where use is expanding
beyond the desig~ l~mits.
e) The cost of operating the existing system used
by the County to monitor facilities is
increasing. The system operates over leased
I telephone lines ~nd ~he cost of these lines has
been increasing, particularly since
deregulation of the telephone companies. The
current cost for da~a acquisition through the
leased lines is $16,800 a year. The SCADA
System will be operated by radio communication
and the cost of the telephone lines will be
eliminated.
3. The sums to fall due under the financing as proposed
are not excessive due to the following reasons:
a) The rate for the c~csen method of financing is
not substantially different from other rates
quoted in the proposals received. For example,
the rate quoted by Mid South Bank and Trust
Company is a fixed rate of 7.75% for an 84 to
120 month term. The rates quoted by First
Citizens Bank and Trust Company for a 60 month
term is 7.14' and the rate quoted for an 80 to
120 month term is v~riable with a floor of 7%
I and a ceiling of 8'.
b) The monies saved in elimination of telephone
communication costs 111ill be applied towards the
sums due. As ment:.oned, the current yearly
cost of the leas~d telephone lines is $16,800
or $1,400 per month. This sum will be applied
to the loan payment each month.
4. The attorney for Harnett County responsible for its
public utili ties matters has rendered an opinion
that the proposed undertaking is authorized by law
and is a purpose for wiich public funds may be
278
expended pursuant to the Constitution and laws of
North Carolina.
s. The proposed installment purchase contract as
described herein, under the circumstances attendant I
thereto, is preferable to a general obligation or
revenue bond issue for the following reasons:
a) Based upon current b~dgetary requirements, the
sum of $235,000 exceeds the amount that can be
prudently raised from available appropriations
and unappropriated fund balances.
b) Harnett County has no non-voted bonds that
could be issued by it in the current fiscal
year pursuant to Ar~icle V, Section 4 of the
North Carolina Constitution (the two-thirds
limitation).
c) The contract mettod has been chosen because it
is vital that the SCADA System be acquired as
quickly as pOHsible to accommodate new
facilities soon to require SCADA System
monitoring, thus eliminating double costs of
purchasing equipr::ent compatible to the existing
monitoring system, and later purchases I
~ssociated with ~o~verting such facilities to
the SCADA Syste~, ~he time period associated
with a general obli~ation bond issue would not
meet the immediate needs of the County.
d) The contract method has been chosen because the
costs associated with authorizing general
obligation bonds or revenue bonds would be
excessive in light of the small size of the
required funding.
6. The estimated cost of financing the undertaking
under the contract Method of financing compares
reasonably with an es~i~ate of similar costs under
bond financing for the same undertaking in that:
a) The current rates of recently issued bonds,
while less than the rate provided under the
contract method, are not significantly lower
so as to offset the savings realized by reason
of not having t:> incur thE: costs of a bond I
authorizat:.on ?rocedure and associated
marke~ing costs. Fo~ instance, the County has
been advised that current municipal bond rates,
as found in the Bor.d Buyer's :::ndex, approximate
7.19\. The differer.ce between the chosen rate
and this 7.~91 rate is not of great
significance cor.sidering t!".at the following
eXgenses will be saved:
i) Costs for ballnts ($500.00)
ii) Costs for ma~hours to open polling
places (sl3...era~ thousand dcllars-22
279
polling places would be opened)
iii) Bond Counsel fees (the County recently
incurred $3,355 in Bond Counsel fees
associated with a Note Sale)
I b) Under the con7.:."act method, because escrow
accounts may be utilized, only one closing
would be req\:: rec .. Ot:':1erwise, a bond
anticipation note closing and a bond closing
would most likely be required. The resultant
savings support tr.e reasonableness of the
contract met;nod. It has been the County's
experience that expenses of about $900.00 have
been paid to tha Local Government Commission
with respect to ~ac~ such closing.
7. As evidenced by the an3ual audits of the County, the
debt manageme~~ poli~ies of che County have been
carried ou~ in stri=~ compliance with the law and
same shall hencefor~~ ~d so carried out.
8. There shall be no increase in the property tax rate
of the Councy 7.0 rai,~a S".lms to fall due under the
financ~ng ~ontrac7.. The sums to iall due will be
raised from water ey<;tam user ::ees. A rate increase
in anticipation of -=r.is =inanc~ng has already been
invoked.
I 9. The undertaking t.o te iinan-.::sc: is a part of a
utility public enterp~ise sys't.em. A projection of
the revenues a:1d f:.lC;..'enses ot ':ha water utility
enterprise during the term of the proposed contract,
taking into consideratio:1 adcitional revenues and
expenses to be generaced by the undertaking and the
payments required by the contract is as follows:
Pi8cal Year ~eve~ Expenditure8
90-91 3,559,267 3,559,267
91-92 3,445,20? 3,445,203
92-93 5,276,703 5,276,703
93-94 3,607,780 3,607,780
94-95 3,716,013 3,716,013
95-96 3,827,493 3,827,493
96-97 3,942,3:'6 3,942,318
97-98 4,060,5f;7 4,060,587
98-99 4,~82,4,O5 4,182,405
99-00 4,3C7,S77 4,307,877
I The above projections inch..c'C;: ~:t,)tern expansions as currently
anticipated.
10. The County is net in default in meeting its debt
service obliga~io~s. Nc notices of default have
been given to the CO.....:1..:.:. and no li7.igation regarding
uDJIlet debt se:r."iTice :=ec;uirements has been or is
pending.
Having set forth the abo.:~ fi !1~i ngs and/or statements as
requested by the Department of t:.he State Treasurer, it is the
desire of the Board of CommisS~Q~er3 't.C Eathorize the taking of the
280
various steps required to continue the processing of the referenced
installment purchase contract ar.d to authorize execution of the
same.
NOW, THEREFORE, BE IT RESOLVED by ~he Board of Commissioners I
of the County of Harnett that:
1. The County of Harne~-c hf::reby a\:thorizes the County
Manager, the Director of P~blic utilities and the Public
Utilities Attorney to proceed with finalization of a
financing proposal within ":.":\e c;:'uidelines herein provided,
the same to be presented to this Board for final review.
2. The County of Harnett is ~ereby authorized to enter into
an Installment Purchase Con-cract wi~h First Citizens Bank
Ii Trust Company upon -:he ~erms hereinabove described,
subject to the satisfactory pre:?aration of contract
documents related to the same, subject to the final
review by this Board of said Contract after public
hearing, and subject 'Co tte a?proval and acceptance of
the same by the Local Government Commission of the
Department of the State 7r"lis-..:.rer.
3. Those findir.gs and/or sta..;:ern .~r.ts hereinabove made are
hereby incorporated by refarence and made a part hereof
4. The County of narnet'C is a\:tnc~ized and directed to file
an application with the North Carolina Local Government I
Commission seeking approval of the above described
Installment Purchase Ccn'C~~c~.
5. A public hear~ng shall ba h!ld on th~ said Installment
Purchase Contract during the Board's special meeting to
be held on April 30, 1990, said meeting to begin at 7:30
o'clock p.m., and to be held in the Harnett County Office
Building, Lillington, North Carolina.
6. Said public hearing shall be noticed and conducted in
accordance with the Genera~ Statutes of North Carolina.
7. John M. Phelps, II, Ha::-nett County Public Utilities
Attorney, is desigr.e'Ced as ~epresentative of the county
for the purpose of seeking the approval of said Contract,
and with respec'C the~e~o i$ authorized and directed:
a) To file application with the Local Government
Commission of the repartment of the State Treasurer
for approval of the Cvn":~act,
b) To emplcy Bond. Cou!'.sel to represent the County where
appropriete, and
c) To prepare the a~?rc:frie.-ce I'.o'Cice of the public
hearing above de:=,(~"t'i~)iid. I
8. The Chairman of the gover:.ing body of the county, the
Clerk to the goverr.in'1 !'>ody I ':1:.e r-ir.a.1ce Officer of the
County, the County's P~blic ry~ilit~es Attorney and such
other repres ~n~ative6 cf ~:::e ';cunt~' as are required are
hereby authorized to take any E.nd all such further action
as may be necessa:7!' 0:- c>c.'!:'.s~.::l! to .:arry out the intent
of this Resolution.
Duly adopted this 16th day.,: 1l.;-=ll, ~.990 upon motion made
by Commissioner Smith I seco~~ed b~ Commissioner
281
Shaw and adopted by the following vote:
I AYES 5 NOES 0 ABSTJl.U1ED 0 ABSENT 0
'rile Soarcl of c:c-i..101le&'.
of tile COWlty of ~t
3-~.. : ~))~L
Ll yd G. Stewart
:::!.e.i7n~:l. of ~h.e Board
AT'l'EST:
t!~ 'c)\) '71.'~.)~,'
Vane..a W. Young, BLer:
DOCUHENT NO.5.
RBSOLU'UOII AftIIORIIl.G BDC1nl0. OF
DDR PUIlCIIUB COII'rDC'r Wlft
SOuun8'f DDR AIm S.... D18ftlC'f
OF BAIUIBft ~
WHEREAS, the Harnett County Board of Commissioners, has
examined the Water Purchase Contract between the Northeast
I Metropolitan Water District of Harnett County, the County of
Harnett (hereinafter "County") and the Southwest water and Sewer
District of Harnett County (hereinafter "District") , attached
hereto as Exhibit "A"; and
WHEREAS, the County, as lessee and operator of the water
production and water supply distribution systems described in said
Water Purchase Contract desires to enter into said contract as
provided;
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that:
1. Harnett County is hereby authorized to and shall enter
into the Water Purchase Contract attached hereto as
Exhibit "A".
2. Harnett County and its officers and agents are hereby
directed to execute said Water Purchase Contract.
Duly adopted this 16th day of April, 1990, upon motion made
by Commissioner Shaw , seconded by Commissioner
Smith and passed by the fOllowing vote:
AYES 5 NOES 0 ABSTAINED 0 ABSm1' 0
I HARNETT COUNTY BOARD
OF COMMISSIONER.S
~ ..
By: AJ~--
mOl'! G. Stewart, Chairman
AT'l'EST:
1',--
-j..... .....( '-(jJ 'U~
V.n.... W. Young, .rk
282
EXHIBIT"
NORTH CAROLINA
WATER PURCHASE CON'1'RA~
HARHE'l"l' COUNTY
THIS CONTRACT for the .ale and purchase of water is entered into as of I
the day of , 19 -' between the NOR'tHBAST MBTJtOPOLITAN
WATER DISTRICT OF HARN!TT COUNTY Chereinafter "Northeast Metro"), and the
C...~.,~.. OF HARNETT Chereinafter "County"), said Northeast Metro and County
shall be collectively referred to herein as "Seller" and the S'w'w....~~..S'1'
WATER AND SEWER DISTRICT OF HARNETT. (hereinafter "Purcha.er")
!! 1. ! !! ! ! ! .! ! H'
THAT WHEREAS, the purcha.er is a County and Water and Sewer District,
duly organhed and existing pursuant to the provision. of Article 6,
Chapter l62A of the North Carolina General Statutes and by that certain
Re.olution dated October 17, 1988 and adopted by the Harnett County Board
of Conai.doners entitled "Resolution Creating the Southwest Water and
Sewer District of Harnett County", and
WHEREAS, Northeast Metro 11 a metropolitan water district organized
and existing under the law. of the State of North Carolina, and
WHEREAS. County is a body politic organized and existinv under the
law. of the State of North Carolina, and
WHEREAS, the Purchaser i. organized and eatabli.hed for the puxpoae of
constructing and operating a water supply diatribution .ystem aerving water
uaera within the area described in plans now on file in the Office of the
Purchaaer and to accomp11lh th1l purpo.e, the Purchaaer will require a
supply of treated water, and
WHEREAS, Northeast Metro owns a water prOduction system and a water
aupply distribution system, and County, ia operator thereof under that
certain Leaae dated May 30, 1980, entered into between Northeaat Metro and
County, and I
WHEREAS, the water production syatem and water lupply d1atribution
system of Seller (Northeast Metro and County aa de,cribed above) ha, a
capacity currently capable of serving the preaent cuatomers of the Seller's
'y'tem, the eatimated number of water ulerl to be aerved by the aaid
Purchaser as ahown in the plans of the sy.tlm now on file in t~e office of
the Purcha.er, and
WHEREAS , by Resolution entitled "Reaolution Authoriaing Ixecution of
Water Purchaae Contract with the Southwest Water and Sewer District of
Harnett County", duly adopted by the District Board of the Northeast
Metropolitan Water D1Itrict of Harnett County at iu _eting on
. the aale of laid water to the purchaa.r a. provided her.in
wa. approved, and the execution of this contract by Northeast Metro waa
duly authorized, and
WHEREAS, by Resolution entitled "Relolution Authoriaing Execution of
Water Purchase Contract with the Southwest Water and S_er District of
Harnett county., duly adopted by the Harnett County Board of commis.ioners
at its meeting on , the sale of said water to the Purchaser as
provided herein was approved, and the execution of this contract by County
wa. duly authorized, and
WHEREAS, by Resolution entitled "Resolution Authoriaing Execution of
Water Purchase Contract with the Northeast Metropolitan Water District of
Harnett County and the County of Harnett" , duly adopted by the Harnett
County Board of Commissioners, sitting a. the governing body of the
Southwest Water and Sewer Diatrict of Harnett County at its _eting on
, the purchase of said water from the Seller a. provided herein I
was approved, and the execution of thia contract by Purchaser was duly
authorized,
NOW THEREFORE, in consideration of the foregoing and the mutual
avreements hereinafter ..t forth,
A. THE SELLER AGREES.
1. COUality and Quantity) To furnish the Purchaser at the point
of delivery hereinafter specified, during ~he tera of this contract or any
ren_al or extenlion thereof. potable treated water ..eting applicable
purity atandard, of the Diviaion of Health Services, Department of Human
Resourcea of the State of North Carolina, in .uch quantity .s -y be
required by the Purchaser not to exceed ten million, five hundred thous.nd
(10,500,000) gallons per month.
283
2. Ipoint of Delivery and Pre..ur.1 That wat.r will be
furni.hed at a rea.onable constant pr...ure calculated at fifty (SOl pounds
p.r .quar. inch from an exi.tinq twelve 1121 inch main .upply at a point
loc.ted at or near the inter.ection of Stat. Road 1141 .nd St.te Road 1116
within a waterline and/or relat.d appurten.nc. e.....nt to b. .cquired by
Purch...r. If a qreat.r pres.ure th.n th.t noraally .v.il.ble .t the point
I of delivery is required by the purcha..r, the co.t of provi4inq .uch
qre.t.r pre..ur. .hall b. born. by the Purch..er. _r9.ncy failur.. of
pr...ure or .upply due to main .upply line br.ak., power failur., flood ,
fire and UI. of wat.r to fiqht fire, earthqu.ke or oth.r oat..troph. .h.ll
.xcu.e the Seller from this provi.ion for .uch rea.onable period of time a.
may be n.c...ary to re.tore ..rvice.
3. (Meterinq Equipment I To furnish, in.t.ll, operate, and
maintain at it. own expenl. .t point of deliv.ry, the n.c....ry ..terinq
.quipment, includinq a m.ter hou.e or pit, .nd r.quired d.vic.. of .t.nd.rd
type for properly measurinq the quantity of w.ter d.liver.d to the
Purch..er and to calibrate .uoh meterinq .quipment wh.n.v.r r.qu..t.d by
the Purch.,er but not more fr.quently than once .very twelve (12) IlIOnth..
A met.r reqi.t.rinq not more than two percent (2') above or below the te.t
r..ult .hall be deemed to be accurate. The previous re.ding. of .ny met.r
disolo.ed by te.t to be inaccurate shall b. corr.cted for the thr.. (3)
month. previous to such te.t in .ccordance with the p.rcent.q. of
inaccur.cy found by .uch t..t.. If any ..t.r fail. to regi.ter for any
p.riod, the amount of water furni.hed durinq .uch p.riod .hall be d....d to
b. the amount of water deliver.d in the corre.pondinq period i_ediately
prior to the failure, unle.. Seller and Purcha.er .hall aqree upon a
diff.rent amount. The m.terinq .quipm.nt .hall be r.ad on the fir.t day of
each IDOnth. An appropriate official of the Puroh..er .t all rea.onabl.
timea .hall have access to the meter for the purpoa. of v.rifyinq ita
readinq..
4. (Billing Procedure I To furniah the Purcha..r not later than
I the fifth (51 day of each month, with an itemiz.d .tatem.nt of the amount
of water furni.h.d the Purcha.er during the pr.cedinq month.
B. THE PURCHASER AGREESI
1- IRates and Paym.nt Dat.1 To pay the Sell.r, not lat.r than
the t.nth 1101 day of each month, for water d.liv.r.d in accordance with
the followinq .chedule of ratesl
a. One thouund five hundred aevent.y-fiv. dollan
($1,575.001 for the fir.t one mUllon five hundred (1,500,000) gallon.,
which amount .hall also be the minimum rate p.r month.
b. One dollar and five cent. ($1.051 per one thou.and
(1000) qallon. for water in exo... of on. million five hundred t.hou.and
(1,500,0001 qallon..
c. It i. aqreed that the minimum rate per IDOnth .. .tated
in (a) above .hall not be applicable untll .ix (I) IlIOntha after the l..t
noticea for connection have been mailed to potential wat.er cu.to.era of the
Puroh..er by the Harnett County Department of Public Utilitie., .nd up to
.aid time the minimun rate p.r month become a applicable, purcha.er ahall
pay only for .uch water a. i. deliver.d to purcha.er at. t.he rate of $1.05
(on. Dollar and five cent. I p.r 1000 (one thou.and) qallon..
2. (Connection re.) To pay a. an agreed co.t, a conn.ct.ion f.e
to connect the Seller's .ystem with the .y.tem of the Purcha.er, a .um
.qual to the amount of the co.t of the inatallation of the meter, ..tel'
vault and related appurtenance. and the co.t of the layinq and in.tallation
of the necessary pipeline or pip.lin.s to connect the sy.tem of the Sell.r
to the .y.t.m of the purcha.er at the boundary of the Southw.st Water and
I S.wer Di.trict
3. (Maintenance of Certain Line.1 To _intaln all wat.r
di.tribution pipelin.s which connect the Seller'a ayat... t.o the .y.tem of
the Purcha.er, aaid line or line. being located betwe.n t.h. met.r facilit.y
(d.acribed in paragraph A(31 abov.) and the boundary of tbe Southwe.t W.t.r
and S.wer Di.trict.
c. It is further mutuallv aareed between the Seller and the
Purcha.er a. followa.
1. (Term of Contract) That thia contract .hall .xtend for a
t.rm of forty (40) year. fro. the date of the initial deliv.ry of any wat.r
a. .hown by the fir.t bill subMitted by the Seller to the Purcha.er and,
ther.after may be renewed or extended for .uch term, or terms, as _y be
agr..d upon by the Seller and Purcha.er.
284
2. (Delivery of Water) That thirty (30) days prior to the
estimated date of completion of construction of the purchaser's water
supply distribution system, the Purchaser will notify the Seller in writing
the date for the initial delivery of water.
3. (Water for Testing) When requested by the Purchaser, the
Seller will make available to the contractor at the point of delivery, or I
other point reasonable close thereto, water sufficient for testing,
flushing, and trench filling the system of the Purchaser during
construction, irrespective of whether the metering equipment h.. been
installed at that time, at a flat charge of one dollar and five cents
($1.05) per one thousand (1000 ) gallons which will be paid by the
contractor or, on his failure to pay, by the Purchaser.
4. (Failure to Deliver) That the Seller w11l, at all tillles,
operate and maintain its system in an efficient manner and will take such
action as mey be necessary to furnish the Purchaser with quantities of
water required by the Purchaser. Temporary or partial failures to deliver
water shall be remedied with all possible dispatch. In the event of an
extended shortage of water, or 'the supply of water available to the Seller
is otherwise diminished over an extended. period of time, the .upply of
water to purcha.er's consumer. shall be reduced or diminished in the same
ratio or proportion as the supply to Seller's consumers is reduced or
diminished.
5. (Modification of Contract) That the provisions of this
contract pertaining to the schedule of rates to be paid by the purcha.er
for water delivered are subject to modification at the end of every one
(1) year period. Any increase or decrea.e in rate. shall be b..ed on a
demonstrable increase or decrease in the costs of performance hereunder.
Such costs shall not include increased capitalization of the Seller's water
distribution system except as such costs relate directly to increa.ing the
capacity of services to the Purchaser. Such costs may include increased
capitalization of the Seller's water production facility system. Other I
provisions of this contract may be modified or altered by mutual agreement.
6. (Future Water Transmission and Connection) In the event
County and/or Northeast Metro elect to supply and sell water to any
customers or other water distribution sy.tems located outside of the
boundaries of the Southwest Water and Sewer District of Harnett County and
desire to do so by connecting to and transporting water through the water
distribution system of Purchaser, it is agreed that County and/or Northeast
Metro may, at no cost to either, connect to and transport water through the
water distribution system of Purchaser for the purpose of suppling and
seiling water to customers or other water distribution systems outside of
the Southwest Water and Sewer District, whether within the County of
Harnett or otherwise. In the event County and/or Northeast Metro should
elect to supply and sell water as stated herein, County and/or Northeast
Metro shall cause a meter to be installed at the connection point and the
cost thereof shall not be borne by Purchaser.
7. (Regulatory Agencies) That thi. contract i. .ubject to such
rule., regulations, or laws as may be applicable to .imilar agreement. in
this State and the Seller and Purchaser will collaborate in obtaining such
permit., certificates, or the like, as may be required to comply therewith.
8. (Miscellaneous) That the construction of the water .upply
distribution system by the Purchaser is being financed by a loan _de or
insured by, and/or a grant from the United State. of AIIlerica, acting
through the Farmers Home Administration of the United State. Department of
AgriCUlture, and the provisions hereof pertaining to the undertakings of
the Purchaser are conditioned upon the approval, in writing, of the State
Director of the Farmers Home Administration. I
9. (Successor to the Purchaser) That in the event of any
occurrence rendering the Purchaser incapable of performing under this
contract, any successor of the Purchaser, whether the re.ult of leqal
process, a.siqMent, or otherwi.e, shall .ucceed to the riqht. of the
purcha.er hereunder.
IN WITNESS WHEREOF, the parties hereto, acting under authority of
their respective governinq bodies, have cau.ed thiB contract to be duly
executed in triple counterparte, each of which' .hall constitute an
original.
285
"
DOCUMENT NO. 6.
USOLftIO. AftIIORIIIft BDCftIO. or
~ COftRAC2 WIft
SOot....'! 1fAUR AIm ..... Dl.'l'RIC'!
or IIARII8ft '... ' " '....
I WHEREAS, the Harnett County Board of Commissioners, has
examined the Management Contract between the County of Harnett
(hereinafter MCountyM) and the Southwest Water and Sewer District
of Harnett County, attached hereto as Exhibit MAM; and
WHEREAS, the Board desires for the County to enter into said
contract as provided;
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners, that:
1. Harnett County is hereby authorized to and shall enter
into the Management Contract attached hereto as Exhibit
MAM.
2. The appropriate officers of said Harnett County are
hereby directed to execute said Management Contract.
Duly adopted this ~ day of April, 1990, upon motion made
by Commissioner Collins , seconded by Commissioner
Hudson and passed by the following vote:
AYES 5 NOES 0 ABSENT 0 ABSTAINED 0
HARNETT COUNTY BOARD OF COMMISSIONERS
I ~' .
By: /1/~
Ll d G. Stewart, Chairman
ATTEST:
~.~~g~.'d'
Exhibit A
NOaTH CUOI,INA
IWIAGIICIlI'f COIl'l'lACT
HAlUIITT C.. v.I. "
THIS CONTRACT, mad. and .ntered into thb the day of
, 1990, by and b.tween THI ......,... OP HA......., a body
politic organi.ed and exi.ting under the law. of the Itate of North
Carolina (hereinaft.r called "County.) and THI lOUTRWIIT WATIa AND
SIWER DISTRICT or HARNITT COUNTY, a municipal corporation oroalliaed
and exi.ting purluant to the provi.ion. of Articl. I, Chapt.r 112A
of the North Carolina General Statut.. (h.r.inafter called
"Diatrict")/
WIT N I SIT H :
THAT WHIRIAS, the County i. 1..... and op.rator of a wat.r
production .y.tem and a water .upply dl.tributlon .y.tam owned by
the Northea.t Metropolitan Wat.r Dl.trict of Harnett County; and
WHERIAS, County a. 1..... of .aid .y.tem. he. created a Public
Utility Department which conduct. the op.ration of .aid 'f.t...,
I and
WHlREAS, the Di.trict wal organi..d and ..tabli.hed for the
purpo.. of conltructing and operating a wat.r .upply di.tributlon
'Yltem to I.rve water uI.r. within the Di.trlct a. de.crlbed in
planl now on file in the Office of the Di.trlct, and
WHIREAS, the water lupply di.trlbutlon .y.t.. of the Dl.trict
will b. con.tructed with the u.. of Local fund" and
WHlREAS, the rar.er. H~ Adalnl.tration of the United State.
D.part.ent of Agriculture ha. aoreed to loan the Dbtrlct
.ufficient hnd. to enable the Diltrict to Unance the con.truction
of .ald wat.r lupply dl.tribution .y.te., and
WHIREAS, the County" Public Utility Departllant i. fully
capable to conduct the op.ration and manage.ent of the water .upply
diltribution IYltem of the Diltrict; and
286
WHEREAS, the County and the District have agreed to enter into
this contract for the operation and management of the water .upply
distribution system of the Di.trict a. a County operated .y.tem on
a continuing ba.is and elpecially for and during the period of the
exiltence of the Farmers Home Adminiltration loan to the Dietrict.
NOW, THEREFORE, the par-tie. do contract and agree each with I
the other a. folloWl1
1- That the Dbtrict's water di.tribution .apply ey.t_
referred to above Ihall be operated and managed by the
County's Public Utility Department a. a County operated
water diitribution sy.tem on a continuing bali. ad
especially for a period beginning .. of the execution of
thb contract and extending until that certain loan
referred to above made by the Farmers Home Admini.tration
to the District has been paid in full, being a period of
at least forty (40) years.
2. That the Harnett County Board of Commi.sioners, sitting
in the capacity a. the governing body of the County
and/or as the governing body of the Diltrict, .hall
establish and set the rate. of charge. for the purcha.e
of water and for such other fee., charge., and penalties
as required for the operation of the water di.tribution
system, with proper co.t accounting procedure. to
appropriately reflect the co.t of the.e facilities
operated by the County Public Utility Department relative
to the operation of other utility enterpri.e. which are
or may be carried on by the County Public Utility
Department. Further, the Harnett County Board of
CommiSSioners, in the capacities stated above, .hall
charge such rates for the u.er. of .aid water
dbtribution sy.tem a. will appropriately yield I
sufficient funds to meet operation and maintenance
expenses and to pay and retire the long term debt of the
Farmers Home Administration to the District.
3. This contract shall be a continuing contract relative ~,
the furnishing of the e..ential water utj.Hi::y ,,'u:"J'..'~fjll
for the people of the Distri~t and th1~ COqt~~~t Abull
exist and continue un':;il t"e L'l.<nrll'.:l: IIn.~ tll. ':"mmty
Ihall l11utual,ly modify or. termtnate tills CiQutl."actual
errangement.
4. That the Harnett County Board of Commi..ioner. agree. to
create an Advilory Council to lend a..i.tance with input
and advice as to the operation and maintenance of the
aforesaid water dbtribution sy.tem by the Harnett County
Board of Commiuioners as the governing body of .aid
Dbtrict.
s. That the County shall be entitled to fund or cause to be
funded the conltruction of .ny water line to be connected
to the District's system as an extension within or
without the boundaries of the District for the purpose
of serving needy userl with water utility services e. the
same shall be determined by the Harnett County Board of
Commiuioners and that the rate. chargeable to .uch
persons (ueen) shall be equitably .et to properly
reflect cost of operation. and maintenance of water
production and supply and further that in the event it I
shall become necessary for the District to levy a tax for
the purpose of funding bonded indebtedne.. of the
Dbtrict then in luch event .uch rate. of any per.on
(user) outside the boundarie. of the District .hall be
charged a greater user fee (rate) a. will be equivalent
to such needed property tax a. may be levied; provided,
if a tax levy i. made, then .uch u.er charge for out-of-
diltrict u.er. shall not be le.s than 150\ of the u.er
charge of users of the Di.trict. It i. under.tood and
aQued that the Dbtrict .hall have no obligation to
extend ita water 11nes outl1de of the Di.trict'.
boundaries.
__________n_n____ ------~----.~-,
287
6. That the County will manage and operate the water lupply
diltribution sYltem on an annual budget with the .etting
of rates on an annual basie al approved by the Diltrict'l
governing body with proper input and advice froll the
I Advisory Council, which budget Ihall provide and let
forth the handling of the fundi luch that a relerve fund,
depreciation fund, debt payment fund, and lurplul fund
for the Diltrict Ihall be diltinguilhable, and further
that the County Ihall maintain a IYlte. of accountl for
the County Utility Departllent which will appropriately
account for the varioul operationl of the Utility
Department, Ipecifically 10 that all COltl relative to
the operation of the water lupply diltribution IYlte.
will be separately euted; the County Ihall further
maintain inlurance and bondl al required by Itate law and
that the County Ihall properly contract with a certified
public accountant for annual auditl of the Utility
Oepartment and that further the County Ihall comply with
all federal, etate and local lawl and regulationl
relative to the operation of the water lupply
diltribution IYltem.
IN WITNESS WHEREOF, the partiee hereto have caueed thh
inltrument to be executed al authorized by the Harnett County Boerd
of Commillionere sitting al the governing body of the County and
the Diltrict, all the day and year firlt above written.
DOCUMENT NO. 7.
I . ..
HARNETT COUNTY BOARD
OF COMMISSIONERS
,.,
.
COUNTY MANAGER
ALL OTHER COUNTY DEPARTMENTS - - - - - - - - - - - - '" ASSISTANT COUNTY MANAGER
NOT ASSIGNED TO ASSISTANT I
COUNTY MANAGER 1 - ASST. COUNTY MGT. - 80B
1 - ADM. ASST. II - 64A
I , I . :t
I · DATA 1 .
YOUTH PARKS AND
SERVICES PROCESS IN RECREATION LIBRARY
. f
. 1
MASTER PLANNING
PLANNING AIRPORT DEPARTMENT PROGRAMMING
I '" New County Organizational Unit
288
DOCUMENT NO. 8.
STATE OF NORTH CAROLINA, RESOLUTION OF THE BOARD OF I
COMMISSIONERS OF THE COUNTY
COUNTY OF HARNETT. OF ~L"ETT
THAT WHEREAS, the North Carolina General Assembly enacted
Chapter 480 and Section 74.17 of Chapter 770 of the 1989 Session
Laws, thereby rewriting North Carolina General Statute 143-l28J
and
WHEREAS, N.C.G.S. 143-128(c) requires each city, county or
other public body to adopt, after notice and a public hearing, an
appropriate verifiable percentage goal for participation by
minority businesses (as defined in that statute) in the total
value of work for building contracts the costs of which exceed
one hundred thousand dollars ($100,000.00) and which are awarded
pursuant to N.C.G.S. 143-128J and
~n~EAS, the Board of Commissioners of Harnett County also
serves as the governing body of various other entities which
might be deemed public bodies under and pursuant to said statute,
to wit: South Central Water and Sewer District of Barnett
County, West Central Water and Sewer District of Harnett County,
Northwest Water and Sewer District of Harnett County, Southwest
Water and Sewer District of Harnett County, Southeast Water and
Sewer District of Harnett County, East Central Water and Sewer
District of Harnett County, and Buies Creek-Coats Water and
Sewer District of Harnett countYJ and
WHEREAS, Northeast Metropolitan Water District of Harnett
County is a separately governed entity which may also be a public
body as defined in the subject provisions of lawJ and
WHEREAS, it is the desire of the Harnett County Board of
Commissioners, as such and as the governing body of the above set
forth entities so indicated, to conduct a public hearing as
required under and pursuant to the above referenced provisions of
law, jointly with the governing body of Northeast Metropolitan I
Water District of Barnett County, at 7:30 P.M. on Monday, the
30th day of April, 1990, in the Harnett County Office Building,
102 E. Front Street, Lillington, North Carolina, for the purpose
of discussion of the Minority Participation provisions for Major
Building Construction Projects contained in North Carolina
General Statute 143-128, the types of building construction
projects which will be considered by the above named entities,
including the County of Harnett, and the availability of minority
contractors in the Harnett County bid area:
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners
of Harnett County, North Carolina, acting as such and as the
governing body of each of the above named entities so indicated,
that a public hearing shall be convened at the Harnett County
Office Building, 102 E. Front Street, Lillington, North Carolina,
at 7:30 P.M. on Monday, the 30th day of April, 1990, pursuant to
the requirements of N.C.G.S. 143-128, for the purpose of
discussing and receiving input from the public, including all
interested minority contractors in the Barnett County bid area,
regarding the above referenced matters, including the types of
building construction projects which will be considered by the
above named entities, and the availability of minority
contractors in the Harnett County bid area.
This 16th day of April, 1990.
HARNETT COUNTY BOARD OF COMMISSIONERS
By,4J, )J /~ ..
'L yd G. S~ewart, Chairman
ATTEST:
By: ~~.i~ I