Attachments 07-13-2021Attachment #1
07-13-2021
Destruction of Records- Administration Department
Submitted for the July 13, 2021 City Council Meeting
REQUEST FOR DISPOSAL OF RECORDS
Description of Record '
Retetition Period - ,
Inclnsive Dates
Certificate of Insurance
1 year
Expiration dates 2014 - 2019
Agenda and Meeting Packets
1 year after appointment
and Supporting Documents
expiration
2019
Advisory Board Records,
Correspondence and
appointment reports
2 years
2018
Routine after 1 year
Letters/General Correspondence
All others after 3 years
2017
Department/Staff Reports
3 years
2017
Public Information Request
2 years after resolution
2018
Rejected applications 30 days
Non -Profit Contribution Files
1 year after payment
2017-2018
Contracts and Agreements not
related to the following:
Grants/Capital
Improvements/Business
Contracts/Agreements finalized
Associate Agreements
3 years after completion
2017 and before
Submitted By: Tammy Williams, City Clerk
Printed Name/Title
Date Submitted to Cleric June 15, 2021
-Mir .
Signature j
Destruction of Records- Finance Department
Submitted for the July 13, 2021 City Council Meeting
REQUEST FOR DISPOSAL OF RECORDS
Description of Record
Retention Period
Inclusive Dates
Cash Receipt Tapes
90 days
April, 2020 — March, 2021
Billing Registers
3 years
July, 2017 - June, 2018
Transaction Registers
3 years
July, 2017—June, 2018
Trial Balances
3 years
July, 2017 —June, 2018
Adjustment Reports
3 years
July, 2017 —June, 2018
Bank Drafts
3 years
July, 2017 —June, 2018
Work Orders
3 years
July, 2017 —June, 2018
Late Fee Reports
3 years
July, 2017 —June, 2018
Reread Reports
1 year
July, 2019 —June, 2020
Submitted By: Patty P. Rowland/Revenue Manager
Printed Name/Title
Date Submitted to Cleric:
'ignature
Destruction of Records — Finance Department
Submitted for the July 13, 2021 City Council Meeting
REQUEST FOR DISPOSAL OF RECORDS
of Record
Retention Period
Inclusive Dates
—Description
Edit Report
1 year
July, 2019 —June, 2020
Customer Deposit Reports
3 years
July, 2017 —June, 2018
Night Depository Envelopes
90 days
April, 2020 — March, 2021
Investigation Cards
1 year
July, 2019 —June, 2020
Customer Extension Agreements
1 year
July, 2019 —June, 2020
Submitted By: Patty P. Rowland/Revenue Manager
Printed Name/Title
Date Submitted to Clerk:
patftf_ P ? ti
'ignature
north caroling
uRL)UNN
City of Bunn
POST OFFICE BOX 1065 - DUNN, NORTH CAROLINA 28335
(910) 230-3500 • FAX (910) 230-3590
www.duiin-ne.org
R2021-22(Attach #2)
07-13-2021
Mayor
William P. Ehnore, Jr.
Mayor• Pro 1'em
Dr. David Bradham
Council Members
April Gaulden
Frank McLean
J. Welsey Sills
Billy Tart
Chuck Turnage
City Manager
Steven Neuschafer
A RESOLUTION OF THE DUNN CITY COUNCIL
DECLARING CERTAIN PROPERTY OF THE CITY TO BE SURPLUS
AND AUTHORIZING THE DISPOSITION OF SAID PROPERTY
WHEREAS, the City Council of the City of Dunn, North Carolina, has determined that the City
owns certain personal property that is no longer needed or useable by the City; and
WHEREAS, each of the items described below, is declared to be surplus to the needs of the City:
ITEM
MODEL
VIN# or
Mileage
SERIAL #
2005 Freightliner
FL70 OBD Leaf Truck
IFVABTDC95DU89586
94,361
1973 Gallion 72 gallon
T502 motor grader
14219202
Hours meter
broken
Amida Battery -powered
ODLSE25LA
S/N 0006-65954
N/A
Arrow Board
Last Known
2006 Chevrolet
C1500
3GCEC14XX6G220924
mileage 15,000+
odometer broken
NOW, THEREFORE, BE IT RESOLVED by the Dunn City Council that the City Manager is
hereby authorized to dispose of the listed items by electronic means through www.GovDeals.com.
With appropriate notice, the date, place and time of the sale will be announced by the City Manager or
his designee.
The City Clerk shall publish at least once and not less than ten (10) days before the dates of the
auctions, a copy of this Resolution or a notice summarizing its contents as required by North Carolina
General Statute 160A-270(b).
Adopted this 13"' day of July, 2021.
G\��`( OP 61", a
ATTEST: 0'1� ' G� OTY OF DUNN
m ti,_�pRPORgT�2
SEAL
? .... •
Tammy W. Williams-, City Cleric 1y,CA\AO William P. Elmo e, J Mayor
Ordinance Amendment
02021-16(Attach #3)
07-13.2021
(OA-02-21)
The City of Dunn Code of Ordinances is hereby amended by revising Article I,
Sec. 20-6. - Definitions.
Group development means a development comprising two (2) or more buildings, such as a group
of apartments, where the land is not subdivided into the customary streets and lots.
Lot means a portion of a subdivision or any other parcel of land intended as a unit for transfer of
ownership, for development, or both. The word "lot" includes the words "plot" and "parcel." The
creation of a lot shall be regularly shaped and meet or exceed the minimum lot area and lot width
standards in Chapter 22.
Lot, double frontage, means a continuous or through lot of the same depth as the width of a
block containing two (2) tiers of lots and which is accessible from both of the streets upon which
it fronts.
Lot, single -tier, means a lot which backs upon a limited access highway, a railroad, a physical
barrier, or a nonresidential use and to which vehicular access from the rear is usually prohibited.
Official map or plan means any map or plan officially adopted by the city council as a guide for
the development of the city and the surrounding area.
Planning board means the planning board of the city.
Plat means a map or plan of a parcel of land which is to be or which has been subdivided.
Reserve Strip means a lot of land that adjoins a street right of way for the purpose of preventing
access to adjacent property. Reserve strips shall not be permitted under this chapter
Right-of-way means an area or strip of public land on which an irrevocable right -of -passage has
been recorded for the use of vehicles or pedestrians or both.
Street means a dedicated and accepted public right-of-way for vehicular traffic.
(1) Highway means a street whose principal function is moving volumes of traffic or high
speed traffic, or both.
(2) Major street means a street whose principal function is for the circulation of traffic into,
out, or around the city and carries a high volume of traffic.
(3) Collector street means a street whose principal function is to carry traffic between
residential streets and the major street system, but that may also provide direct access
to abutting properties. It is designed to collect traffic from between three hundred fifty
(350) and six hundred (600) dwellings.
Ordinance Amendment OA-02-21, page 2
Adopted this 13" day of July, 2021.
OF
o. P
Attest:
_ SEAS
®
;gyp'' •......
Tam y Williaq5,
CMC
City Clerk
William P. Elmore, Jr.
Mayor
Ordinance Amendment
02021-17(Attach #4) (OA-03-21)
07-13-2021
The City of Dunn Code of Ordinances is hereby amended by revising Article I,
Sec. 20-67. - Generally.
The following improvements shall be required to be installed or their installation guaranteed by the
subdivider prior to approval of the final plat: grading to the entire width of the street right-of-way; paving
roadways at the designated widths; installation of sidewalks at the designated locations and with
associated ramps and pavement markings; installation of public water and sewer systems; provision of
storm drainage; and permanent reference points. Legal agreements providing access and/or maintenance
of a traveled way shall be drafted and submitted prior to approval of the final plat. Minor subdivisions
within the municipal boundary shall be responsible for all utility improvements. Utility access is available
at the public right-of-way or other location(s) designated by the public works director. All required
municipal services shall be considered delivered at the designated location(s).
Sec. 20-73. - Streets.
(t) Sidewalks. Sidewalks shall be censtructed 9R those 4rpptq F)R v.4rh the planning board ceRgidprg
theFn RecessaFy. Sidewalks shall be constructed within the street right-of-way and installed in
accordance with the current City Engineering Design and Construction Standards manual. The
standards -width of sidewalk shall be five (5') feet shall h^ as f,.u. ws, Width f. w 4) feet;
subgFade, thFee (3) inches compacted type ABC AORe7, and caneFete sectieR, four (4) inches ,
with expansien joints every thirty (30) i ehe and false joiRts eveFy ten (10) feet
(1) Required locations. Sidewalks shall be installed along both sides of all streets located within
the proposed subdivision and along all existing streets located within the proposed
subdivision adjacent to entries.
(2) Alternative Compliance. Alternative provisions for pedestrian movement meeting the
intent of this ordinance may be used where unreasonable or impractical situations would
result from application of these requirements. Such situations may result from significant
street trees, impending road widening, topography, utility easements, lot configuration or
other unusual site conditions. In such instances, the City Manager may approve an
alternative plan that proposes different pedestrian amenities provided that the intent of
this section is fulfilled.
(3) Payment in Lieu. In lieu of alternative compliance in (2) above, the City Manager maV
approve a payment in lieu (in accordance with an adopted annual fee schedule) where anV
one or combination of factors render compliance impractical:
i. Steep slopes;
ii. Absence of existing sidewalks along the corridor and in the general neighborhood;
iii. Where sidewalks are not approved by the NCDOT.
(4) Construction Standards All sidewalks, whether required bV this ordinance or installed
voluntarily, shall be constructed to the current City Engineering Design and Construction
Standards manual or NCDOT standards for state maintained roads.
Ordinance Amendment OA-03-21, page 2
Adopted this IP day of July, 2021.
ONiFF1D i
®�, 0 ® Wiliam P. Elmore, X.
G :f�ajor
Attest:
qE �
Tammy WilliamMC
City Clerk
Ordinance Amendment
02021 -1 B(Attach #5) (OA-05-21)
07-13-2021
The City of Dunn Code of Ordinances is hereby amended bV revising Article I,
Sec. 20-80, — Street Lights.
Street lights shall be required to be installed along all public streets within the City's corporate limits
in accordance with the City's current policy. The City Council of Dunn hereby establishes the
following:
A. The owner, developer or subdivider of a site plan or subdivision shall be required to install street
lighting via underground distribution along all proposed streets and along all adjoining existing
streets and thoroughfares in accordance with this section. The developer shall be responsible for
all installation costs and anV utility pole fees.
B. Through the site plan and subdivision plan approval process, the City Manager may approve street
lighting which exceeds the standard City requirements for residential streets
C. All underground electrical distribution systems for street lighting within the corporate limits of
the City and its extraterritorial planning jurisdiction shall be installed according to the following
standards:
1. Underground service for light fixtures shall be installed by the developer in conformance with
City standards at the developer's expense.
2. The placement of street lighting fixtures in residential areas shall be at 300-foot intervals
unless:
a. The roadway length is less than 300 feet but more than 200 feet in which case a street
light will be provided at the end of the street;
b. Where the roadway length is less than 100 feet and a street light is placed at the
intersection and no natural features create a problem, no street light will be placed at the
end of the roadway; or
c. The vertical and horizontal street alignment or natural features necessitate shorter
spacing intervals.
3. The placement of street lighting along thoroughfares, marginal access streets and collector
streets and in nonresidential areas shall be in accordance with the latest revision of the
Illuminating Engineering Society's American National Standards for Roadway Lighting or
NCDOT Roadway standards for streets maintained bV NCDOT.
D. Street light fixtures shall conform to the following:
1. All fixtures in residential areas shall be either LED 50 or 75 watt enclosed fixtures on standard
poles 25 feet in height. The 50 watt fixture shall be placed only at the "neck" of the cul-de-
sac.
2. All fixtures along thoroughfares shall be 75-150 watt enclosed LED fixtures on standard
fiberglass poles 30 - 35 feet in height.
E. Authorization for street light installations shall occur at such time as:
Ordinance Amendment OA-05-21, page 2
1. A developer, through the City, requests the installation of streetlights prior to the issuance of
any certificates of occupancy. The developer shall incur a monthly rental expense billed equal
to the monthly rental expense incurred by the City, for each street light installed. The
developer will be billed for the period beginning with installation of the street light and ending
with notification to the City, by the developer, of issuance of a certificate of occupancy in the
immediate area of each street light locations;
2. A certificate of occupancy is issued in the immediate area of the proposed street light
locations; or
3. An arterial/maior street, marginal access street or collector street is constructed or widened
as a part of development. Arterial/major streets, marginal access streets and collector streets
that are constructed or widened by the City shall be lighted immediately after construction,
dependent on availability of funds.
F. Street lighting facilities and street lights shall be installed by the developer on any roadway,
portion of roadway or widening prior to the City's acceptance of that roadway for routine
maintenance unless otherwise approved by the City Manager.
G. Residents along a street may request the relocation of a street light provided that the proposed
street light location meets City standards and the relocation is approved by the City Manager.
Also the relocation or replacement costs must be paid in full in advance by the resident(s)
requesting the relocation or replacement.
H. A developer may request to use decorative or "private" street lighting within a development
provided:
1. Street light fixture types and locations must meet the minimum criteria set forth in this policy
and must be approved by the City Manager;
2. The developer and/or property owner's association shall be responsible for all installation
costs and monthly operating costs associated with the private street lights;
3. The developer and/or property owner's association shall be responsible for any costs
associated with deletion of the private street lights and any costs associated with installing
the City's standard street lights prior to the expiration of contract between the developer
and/or property owner's association and the utility; and
4. The developer shall include all responsibilities of the homeowner's association pertaining to
the street lighting in the development covenants. The developer shall inform all purchasers
of the property in the development of theses same responsibilities.
Adopted this 13' day of July, 2021.
e j%a e a,,,
e,<+`C'x uOF pU eeeo
4..
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Attest: m BEAD®®
mo w` pfiOG�T° GAP0
Tammy,,William(s,!CMC
City Clerk
William P. Elmore,lr.
Mayor
R2021-23(Attach #6)
07-13-2021
USDA
Form RD 1942-47
(Rev.12-97)
A RESOLUTION OF THE City Council
Position 5
LOAN RESOLUTION
(Public Bodies)
FORM APPROVED
OMB NO. 0575-0015
OFTHE City of Dunn
AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING
A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS
2021 - Police and Animal Control Vehicles
FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURISDICTION TO SERVE.
WHEREAS, it is necessary for the
City of Dunn
(Public Body)
(herein after called Association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of
100,000.00
pursuant to the provisions of N.C. G.S. 160 ; and
WHEREAS, the Association intends to obtain assistance from the Rural Housing Service, Rural Business - Cooperative Service, Rural
Utilities Service, or their successor Agencies with the United States Department of Agriculture, (herein called the Government) acting
under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 or seq.) in the planning, financing, and
supervision of such undertaking and the purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such
bonds is found by the Association:
NOW THEREFORE in consideration of the premises the Association hereby resolves:
1. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds containing such items
and in such forms as are required by State statutes and as are agreeable and acceptable to the Government.
2. To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time it shall
appear to the Government that the Association is able to refinance its bonds by obtaining a loan for such purposes from
responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time as
required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U. S. C. 1983 (c)).
3. To provide for, execute, and comply with Form RD 400-4, "Assurance Agreement," and Form RD 400-1, "Equal Opportunity
Agreement," including an "Equal Opportunity Clause," which clause is to be incorporated in, or attached as a rider to, each
construction contract and subcontract involving in excess of $ 10,000.
4. To indemnify the Government for any payments made or losses suffered by the Government on behalf of the Association.
Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legal permissible
source. .
5. That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any covenant or
agreement contained herein or in the instruments incident to making or insuring the loan, the Government at its option may (a)
declare the entire principal amount then outstanding and accrued interest immediately due and payable, (b) for the account of the
Association (payable from the source of funds pledged to pay the bonds or any other legally permissible source), incur and pay
reasonable expenses for repair, maintenance, and operation of the facility and such other reasonable expenses as may be necessary
to cure the cause 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 the malting or insuring of the loan may be construed by the Government
to constitute default under any other instrument held by the Government and executed or assumed by the Association, and default
under any such instrument may be construed by the Government to constitute default hereunder.
6. Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, or permit others to
do so without the prior written consent of the Government.
7. Not to defease the bonds, or to borrow money, enter into any contract or agreement, or otherwise incur any liabilities for
any purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the
Government if such undertaking would involve the source of funds pledged 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 institutions insured by the State or Federal Government or invested in readily marketable securities backed by
the full faith and credit of the United States. Any income from these accounts will be considered as revenues of the system.
9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in
good condition.
10. To provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance, and the
establishment of adequate reserves. Revenue accumulated over and above that needed to pay operating and maintenance, debt
service and reserves may only be retained or used to make prepayments on the loan. Revenue cannot be used to pay any
expenses which are not directly incurred for the facility financed by the Government. No free service or use of the facility will
be permitted.
According to the Pepenvork2edection Act of 1995, no persons me required to respond Ina collection ofit formation iudess it displays a valid OMB ccnI, of mother. The valid OMB
control uamberfor this h formation collection is 0575-0015, The (lure required to complete tltis n formatlon collection is ¢slimmed to average I hour per response, hminding the itme for
re,htwing h a,-ncttons, seardong existing data soar,,,, gathering mid nwionthting the dam needed, and completing and revs Wng the collection ofit fotmation.
2-
11. To acquire and maintain such insurance and fidelity bond coverage as maybe required by the Government.
12. To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to
provide for required audit thereof as required by the Government, to provide the Government a copy of each such audit
without its request, and to forward to the Government such additional information and reports as it may from time to time
require.
13. To provide the Government at all reasonable times access to all books and records relating to the facility and access to the
property of the system so that the Government may ascertain that the Association is complying with the provisions hereof
and of the instruments incident to the making or insuring of the loan.
14. That if the Government requires that a reserve account be established and maintained, disbursements from that account
may be used when necessary for payments due on the bond if sufficient funds are not otherwise available. With the prior
written approval of the Government, funds may be withdrawn for:
(a) Paying the cost of repairing or replacing any damage to the facility caused by catastrophe.
(b) Repairing or replacing short-lived assets.
(c) Making extensions or improvements to the facility.
Any time funds are disbursed from the reserve account, additional deposits will be required until the reserve account has
reached the required funded level.
15. To provide adequate service to all persons within the service area who can feasibly and legally be served and to obtain the
Government's concurrence prior to refusing new or adequate services to such persons. Upon failure to provide services
which are feasible and legal, such person shall have a direct right of action against the Association or public body.
16. To comply with the measures identified in the Government's environmental impact analysis for this facility for the purpose
of avoiding or reducing the adverse environmental impacts of the facility's construction or operation.
17. To accept a grant in an amount not to exceed $ 50, 000.00
under the terms offered by the Government; that the Mayor
and City Manager of the Association are hereby authorized and empowered to take all action necessary
or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant; and
to operate the facility under the terms 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
otherwise specifically provided by the terms of such instrument, shall be binding upon the Association as long as the
bonds are held or insured by the Government or assignee. The provisions of sections 6 through 17 hereof may be provided
for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond
resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construed
as controlling between the Association and the Government or assignee
The vote was: Yeas Nays 0 Absent i
IN WITNESS WHEREOF, the City Council of the
City of Dunn has duly adopted this resolution and caused it
to be e sE�ky� 1C. i�.r,'�fq.below in duplicate on this 13 day of July 2021
(SE �I1j �O�®0RAr,c, t�f
SE�� ;� < By William Elmore, (Jr11
Attest'..
: e ° �9rla �Ogge Ct , Title Mayor
Tammy Williams, ity Clerk
Title
Position 5
USDA
Form RD 1942-47
(Rev. 12-97)
A RESOLUTION OF THE City Council
LOAN RESOLUTION
(Public Bodi
R2021-24(Attach #7)
07-13-2021
FORM APPROVED
OMB NO. 0575-0015
OF THE City of Dunn
AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING
A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS
2021 - Public Works Equipment and Vehicles
FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURISDICTION TO SERVE.
WHEREAS, it is necessary for the City of Dunn
(Public Body)
(herein after called Association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of
180,000.00
pursuant to the provisions of N.C. G.S. 160 —;and
WHEREAS, the Association intends to obtain assistance from the Rural Housing Service, Rural Business - Cooperative Service, Rural
Utilities Service, or their successor Agencies with the United States Department of Agriculture, (herein called the Government) acting
under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in the planning, financing, and
supervision of such undertaking and the purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such
bonds is found by the Association:
NOW TIIEREFORE in consideration of the premises the Association hereby resolves:
1. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds containing such items
and in such forms as are required by State statutes and as are agreeable and acceptable to the Government.
2. To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time it shall
appear to the Government that the Association is able to refinance its bonds by obtaining a loan for such purposes from
responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time as
required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U. S. C. 1983 (c)).
3. To provide for, execute, and comply with Form RD 400-4, "Assurance Agreement," and Form RD 400-1, "Equal Opportunity
Agreement," including an "Equal Opportunity Clause," which clause is to be incorporated in, or attached as a rider to, each
construction contract and subcontract involving in excess of $ 10,000.
4. To indemnify the Government for any payments made or losses suffered by the Government on behalf of the Association.
Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legal permissible
source.
5. That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any covenant or
agreement contained herein or in the instruments incident to making or insuring the loan, the Government at its option may (a)
declare the entire principal amount then outstanding and accrued interest immediately due and payable, (b) for the account of the
Association (payable from the source of funds pledged to pay the bonds or any other legally permissible source), incur and pay
reasonable expenses for repair, maintenance, and operation of the facility and such other reasonable expenses as may be necessary
to cure the cause 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 the making or insuring of the loan may be construed by the Government
to constitute default under any other instrument held by the Government and executed or assumed by the Association, and default
under any such instrument may be construed by the Government to constitute default hereunder.
6. Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, or permit others to
do so without the prior written consent of the Government.
7. Not to defease the bonds, or to borrow money, enter into any contract or agreement, or otherwise incur any liabilities for
any purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the
Government if such undertaking would involve the source of funds pledged 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 institutions insured by the State or Federal Government or invested in readily marketable securities backed by
the full faith and credit of the United States. Any income from these accounts will be considered as revenues of the system.
9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in
good condition.
10. To provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance, and the
establishment of adequate reserves. Revenue accumulated over and above that needed to pay operating and maintenance, debt
service and reserves may only be retained or used to make prepayments on the loan. Revenue cannot be used to pay any
expenses which are not directly incurred for the facility financed by the Government. No free service or use of the facility will
be permitted.
Accordb�g ro the I'apenrork ReducHwi An of l995, na persons are mq0 ,!,ed /o respond to a colleclion ofinfonnation unless it displays a valid OMB conn'al mmnbert The valid OMB
control number for this irtfornmtioo collection is 0575-0015. The lime required to complete this n fonnanon col(ectiwr is esfinmfed to average I hour per response, including fhe time for•
rerhoving instnmtions searching oxfomg data lances, colleclion ofD forntatlon.
-2-
11. To acquire and maintain such insurance and fidelity bond coverage as maybe required by the Government.
12• To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to
provide for required audit thereof as required by the Government, to provide the Government a copy of each such audit
without its request, and to forward to the Government such additional information and reports as it may from time to time
require.
13. To provide the Government at all reasonable times access to all books and records relating to the facility and access to the
property of the system so that the Government may ascertain that the Association is complying with the provisions hereof
and of the instruments incident to the making or insuring of the loan.
14. That if the Government requires that a reserve account be established and maintained, disbursements from that account
may be used when necessary for payments due on the bond if sufficient funds are not otherwise available. With the prior
written approval of the Government, funds may be withdrawn for:
(a) Paying the cost of repairing or replacing any damage to the facility caused by catastrophe.
(b) Repairing or replacing short-lived assets.
(c) Making extensions or improvements to the facility.
Any time funds are disbursed from the reserve account, additional deposits will be required until the reserve account has
reached the required funded level.
15. To provide adequate service to all persons within the service area who can feasibly and legally be served and to obtain the
Government's concurrence prior to refusing new or adequate services to such persons. Upon failure to provide services
which are feasible and legal, such person shall have a direct right of action against the Association or public body.
16, To comply with the measures identified in the Government's environmental impact analysis for this facility for the purpose
of avoiding or reducing the adverse environmental impacts of the facility's construction or operation.
17. To accept a grant in an amount not to exceed
under the terms offered by the Government; that the Mayor
50,000.00
and City Manager of the Association are hereby authorized and empowered to take all action necessary
or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant; and
to operate the facility under the terms 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
otherwise specifically provided by the terms of such instrument, shall be binding upon the Association as long as the
bonds are held or insured by the Government or assignee. The provisions of sections 6 through 17 hereof may be provided
for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond
resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construed
as controlling between the Association and the Government or assignee
The vote was: Yeas S Nays 0 Absent i
IN WITNESS WHEREOF, the City Council
of the
City of Dunn has duly adopted this resolution and caused it
to be execjqgl1 Ny tkgpf ricers below in duplicate on this
(S� Rp0RAT°'G
AGA: °° SEAS a `gym
°,raeenaer
Tammy Williams, City Clerk
Title
13 day of July
�t.
By William Elmore, r.
Title Mayor
2021
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