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2010/04/05 RESOLUTION HARNETT CTY BOC SITTING AS THE GOVERNING BODY OF THE EAST CENTRAL WATER & SEWER DISTRICT OF HARNETT COUNTYRESOLUTION BY GOVERNING BODY OF APPLICANT WHEREAS, The Federal Clean Water Act Amendments of 1987 and Safe Drinking Water Act Amendments of 1996 and the North Carolina Water Infrastructure Act of 2005 (NCGS 159G) have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of wastewater or drinking water system improvements, and WHEREAS, The East Central Water and Sewer District of Harnett County has need for and intends to construct a drinking water system project described as approximately 43,000 linear feet of 16 inch and 12 inch water main, a booster pump station, and an elevated tank to serve the District and Johnston County. This project will help with supply and will also eliminate current hydraulic problems. WHEREAS, The East Central Water and Sewer District of Harnett County intends to request state loan assistance for the project, NOW THEREFORE BE IT RESOLVED, BY THE HARNETT COUNTY BOARD OF COMMISSIONERS, SITTING AS THE GOVERNING BODY OF THE EAST CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY: That the East Central Water and Sewer District of Harnett County will arrange financing for all remaining costs of the project, if approved for a State loan award. That the East Central Water and Sewer District of Harnett County will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation, maintenance, and administration of the system and the repayment of all principal and interest on the debt. That the governing body of the East Central Water and Sewer District of Harnett County agrees to include in the loan agreement a provision authorizing the State Treasurer, upon failure of the East Central Water and Sewer District of Harnett County to make scheduled repayment of the loan, to withhold from the East Central Water and Sewer District of Harnett County any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan. That the East Central Water and Sewer District of Harnett County will provide for efficient operation and maintenance of the project on completion of construction thereof. That Timothy B. McNeill, Chairman, and successors so titled, is hereby authorized to execute and file an application on behalf of the East Central Water and Sewer District of Harnett County with the State of North Carolina for a loan to aid in the construction of the project described above. That Timothy B. McNeill, Chairman, and successors so titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project: to make the assurances as contained above; and to execute such other documents as may be required in connection with the application. That the East Central Water and Sewer District of Harnett County has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto. Adopted t*dlew4j of April, 2010 at the.County Administration Building in Lillington, North Carolina. �p``0. COM y /.go" .` ✓ i 4p . 0 AA to = =t. _ Timothy B. eill Chairman, ettCounty BoardofCommissioners Applica till dfrlpf�6Eb1�2 F�gnding Assistance' fpr Wastewater and Drinking Water Projects Page 13 of 27 CERTIFICATION BY RECORDING OFFICER The undersigned duly qualified and acting Clerk of the Board of Commissioners of Harnett County does hereby certify: That the above /attached resolution is a true and correct copy of the resolution authorizing the tiling of an application with the State of North Carolina, as regularly adopted at a legally convened meeting of the Harnett County Board of Commissioners servings as the governing body of the East Central Water and Sewer District of Harnett County duly held on the 5th day of April, 2010 ; and, further, that such resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this 5ih day of April, 2010. YL ` 1 ,,`�annnrpr. COMM1SS,, m.N r<roa�t4- 'atnn srlip.N o, �.... rrrrum�� "'� i}C'� q CIGriC Applicatlon for DENR Funding Assistance for Wastewater and Drinking Water Projects Page 14 of 26