08031992
698
HARNETT COUNTY BOARD OF CO~~IISSIONERS REGULAR MEETING, AUGUST 3, 1992
Harnett County Board of Commissioners met in regular session on
Monday, August 3, 1992, in the Commissioners Meeting Room, County
Office Building, Lillington, North Carolina, with the following
members present: Beatrice Bailey Hill, Walt Titchener, Bill Shaw,
Mack Reid Hudson, and Chairman Lloyd G. Stewart, presiding. Others
present were Dallas H. Pope, County Manager; W. Glenn Johnson, County
Attorney; Vanessa W. Young, Finance Officer and Clerk to the Board;
and Kay S. Blanchard, Recording Secretary.
Chairman Stewart called the meeting to order at 9:00 a.m. and
Commissioner Hill offered the invocation.
Commissioner Titchener moved that the period for informal comments
from the public be moved up on the agenda. Commissioner Hill seconded
the motion and it passed with a unanimous vote.
DOT
Randy Anderson, North Carolina Department of Transportation, appeared
before the Board to discuss road matters and situations in Harnett
County.
CONSENT AGENDA
Upon motion made by Commissioner Hudson and seconded by Commissioner
Shaw, the Board voted unanimously to approve the following items from
the Consent Agenda:
MINUTES: Regular Meeting, July 20, 1992
Special Meeting, July 28, 1992
BUDGET M4ENDMENTS
BUDGET AMENDMENTS:
Planning Department
Code 10-7200-002 Salaries & Wages
10-7200-007 Retirement Expense
10-7200-006 Group Insurance Expense
10-7200-0071 Supplemental Retirement
10-7200-005 FICA Tax Expense
Revenue: 10-3990-000 Fund Balance Appropriated
Social Services
Code 10-7700-002
10-7700-005
10-7700-006
10-7700-007
10-7700-0071
10-7700-074
Salaries & Wages
FICA Tax Expense
Group Insurance Expense
Retirement Expense
Supplemental Retirement
Capital Outlay-Equipment
(44,800 24 terminals &
printers + 9,675
[1935 x 5 IMCW])
Social Services - Admin.
(50% of personnel)
Fund Balance Appro.
Revenue: 10-3480-001
10-3990-000
14,283. increase
712. increase
2,288. increase
143. increase
1,093. increase
18,519. increase
99,500.
7,612.
14,352.
4,955.
995.
54,475.
increase
increase
increase
increase
increase
increase
63,707.
118,182.
increase
increase
Fire & Rescue
Code 90-1005-1010 Current Tax-Benhaven Fire 5,828. increase
Code 90-1009-1010 Current Tax-Buies Creek 6,888. increase
90-1022-1010 Current Tax-Crains Creek 4,740. increase
90-1016-1010 Current Tax-Grove Fire 4,778. increase
90-1019-1010 Current Tax-Spout Springs 10,437. increase
90-1020-1010 Current Tax-Summerville 11,790. increase
Revenue: 90-3010-0240 Current Tax-Benhaven Fire 5,828. increase
90-3010-0140 Current Tax-Buies Creek 6,888. increase
90-3010-0300 Current Tax-Crains Creek 4,740. increase
90-3010-0180 Current Tax-Grove Fire 4,778. increase
90-3010-0190 Current Tax-Spout Springs 10,437. increase
90-3010-0200 Current Tax-Summerville 11,790. increase
Procurement-Vehicle Maintenance
Code 10-5550-073 Capital Outlay-Other
Improvements
Revenue: 10-3990-000 Fund Balance Appropriated
Finance Department
Code 10-4400-075 Lease Payments
Revenue: 10-3990-000 Fund Balance Appropriated
Revenue
Code 10-3480-081
10-3990-000
10-3480-075
10-3990-000
Title III - RSVP
Fund Balance Appropriated
Senior Citizens Outreach
Fund Balance Appropriated
850. increase I
850. increase
2,327. increase
2,327. increase
2,465. increase
2,465. decrease
300. decrease
300. increase
I
DR. MABE APPOINTED TO
LEE-HARNETT MENTAL HEALTH
BOARD
RECORDS DISPOSITION IN
FINANCE OFFICE
699
Public Utilities
Code 32-9001-002 Salaries & Wages-NE 5,505. increase
32-9001-005 FICA Tax Expense 422. increase
32-9001-006 Group Insurance Expense 824. increase
32-9001-007 Retirement Expense 265. increase
32-9001-0081 401K 56. increase
Revenue: 32-3990-001 Fund Balance Appropriated 7,072. increase
Code 33-9002-002 Salaries & Wages-Buies
Creek-Coats 2,66l. increase
33-9002-005 FICA Tax Expense 204. increase
33-9002-006 Group Insurance Expense 399. increase
33-9002-007 Retirement Expense 128. increase
33-9002-0081 401K 27. increase
Revenue: 33-3990-002 Fund Balance Appropriated 3,419. increase
Code 34-9003-002 Salaries & Wages-SC 10,093. increase
34-9003-005 FICA Tax Expense 773. increase
34-9003-006 Group Insurance Expense 1,510. increase
34-9003-007 Retirement Expense 485. increase
34-9003-0081 401K 10l. increase
Revenue: 34-3990-003 Fund Balance Appropriated 12,962. increase
Code 35-9004-002 Salaries & wages-WC 2,447. increase
35-9004-005 FICA Tax Expense 188. increase
35-9004-006 Group Insurance Expense 366. increase
35-9004-007 Retirement Expense 118. increase
35-9004-0081 401K 25. increase
Revenue: 35-3990-004 Fund Balance Appropriated 3,144. increase
Code 36-9005-002 Salaries & Wages-NW 3,548. increase
36-9005-005 FICA Tax Expense 272. increase
36-9005-006 Group Insurance Expense 53l. increase
36-9005-007 Retirement Expense 171- increase
36-9005-0081 40:LI< 36. increase
Revenue: 36-3990-005 Fund Balance Appropriated 4,556. increase
Code 37-9006-002 Salaries & Wages-SW 5,597. increase
37-9006-005 FICA Tax Expense 429. increase
37-9006-006 Group Insurance Expense 838. increase
37-9006-007 Retirement Expense 269. increase
37-9006-0081 401K 56. increase
Revenue: 37-3990-006 Fund Balance Appropriated 7,189. increase
Code 38-9007-002 Salaries & Wages-Bunnlevel
Riverside 735. increase
38-9007-005 FICA Tax Expense 57. increase
38-9007-006 Group Insurance Expense 110. increase
38-9007-007 Retirement Expense 36. increase
38-9007-0081 401K 74. increase
Revenue: 38-3990-001 Fund Balance Appropriated 1,012. increase
Code 39-9008-002 Salaries & Wages-SE 17,798. increase
39-9008-005 FICA Tax Expense 1,362. increase
39-9008-006 Group Insurance Expense 2,288. increase
39-9008-007 Retirement Expense 855. increase
39-9008-0081 401K 178. increase
Revenue: 39-3712-005 Rural Water Fees-SE 2,48l. increase
39-9008-035 Bulk Water 20,000. decrease
Reqister of Deeds
Code 10-4800-002
10-4800-005
10-4800-007
10-4800-0071
Revenue: 10-3990-000
1,869.
143.
93.
19.
2,124.
increase
increase
increase
increase
increase
Salaries & Wages
FICA Tax Expense
Retirement Expense
Supplemental Expense
Fund Balance Appropriated
APPOINTMENT:
Dr. H. D. Mabe, Jr. to Lee-Harnett Mental Health Board to fill
the unexpired term of Dr. Mike Larson which will expire 04-05-96.
DISPOSITION OF RECORDS:
In accordance with the provision of N.C.G.S. S 121 and 132, and
as listed in the Records Disposition Schedule issued by the North
Carolina Division of Archives and History and adopted by the
County of Harnett, the following records in the Finance Office
were approved for disposal: DSS Trust Fund 1988-89, GF 1988-89,
Payroll 1986, Section 8 :988-89, and General Fund check copies
27300 through 36176 dated 7-1-88 through 6-30-89 (Accounts
Payable) .
TOO
INFORMAL COMMENTS
BOBBY L. WICKER
APPOINTED TAX ADMIN-
ISTRATOR
AGREEMENT CONCERNING
FOREST LANDS IN HARNETT
COUNTY
CONTRACT BETWEEN COUNTY
& LEE-HARNETT MENTAL
HEALTH TO PROVIDE TRANS.
RESOLUTION ACCEPTING BID
FOR CASE TRENCHER FOR
PUBLIC UTILITIES
RESOLUTION AMENDING ORD.
TO INCREASE NON-OWNER
DEPOSITS FOR WATER USERS
RESOLUTION AMENDING ORD.
TO INCREASE NON-RESIDENT
LANDOWNERS DEPOSITS FOR
SEWER SYSTEM
RESOLUTION AMENDING ORD.
TO INCREASE NON-RESIDENT
LANDOWNERS DEPOSITS FOR
BUNNLEVEL-RIVERSIDE
WASTEWATER FACILITIES
RESOLUTION AWARDING
ENGINEERING SERVICES
CONTRACT (SC WATER &
SEWER DISTRICT, PHASE
DR. SIKES REQUEST FOR
TAX REFUND
REPORTS
Informal comments were provided to the Board from the following
citizens:
1. Ed Bain, Lillington - comments regarding County zoning
south of the Cape Fear River.
2. Pat Felton, Carolina Lakes - comments regarding County
zoning south of the Cape Fear River.
3. Sol Kozma, Dunn - comments regarding appointment of
tax administrator
4. Floyd Hein, Twin Lakes - comments regarding Board of
Equalization and Review
5. Teddy Byrd, Coats - comments regarding appointment of
tax administrator
6. Tom Cooley, Lillington - comments regarding tax revaluation
and appointment of tax administrator
Commissioner Shaw moved that in accordance with Article 16 of the
N.C. General Statutes that Bobby L. Wicker be appointed as Tax
Administrator with duties of Tax Collector and Tax Assessor of Harnett
County, North Carolina, for a period of two years. Commissioner
Hudson seconded the motion and it passed with the following vote:
Ayes 3, Noes 2, Absent O. Mr. Wicker's oath of Office is
copied at the end of these minutes as Attachment 1.
Commissioner Hudson made a motion to approve an agreement between
Harnett County and the North Carolina State Department of Environment,
Health, and ~atural Resources for the protection, development and
improvement of forest lands in Harnett County, for F.Y. 92-93.
Commissioner Shaw seconded the motion and it passed with a unanimous
vote.
Commissioner Titchener made a motion to approve a contract between the
County of Harnett and Lee-Harnett Area Mental Health/Developmental
Disabilities/Substance Abuse Authority to provide transportation
service for Harnett County clients. Commissioner Hill seconded the
motion and it passed with a unanimous vote.
Commissioner Shaw moved for adoption of a resolution accepting the bid
of Prime Equipment Company for a Case trencher for the Harnett County
Public utilities Department. Commissioner Hudson seconded the motion
and it passed with a unanimous vote. The resolution is copied in full
at the end of theDe minutes as Attachment 2.
Commissioner Hudson moved for adoption of a Resolution Amending an
Ordinance Regulating the Use of Water and Sewer Facilities Operated by
the County of Harnett, Fixing Rents, Rates, Fees and Other Charges and
Providing for Collection of Same (Increase in Non-Owner Deposits)
Section 20(e). Commissioner Shaw seconded the motion and it passed
with the following vote: Ayes 3, Noes 2, Absent O. The
resolution is copied in full at the end of these minutes as Attachment
3A.
Commissioner Hudson moved for adoption of a Resolution Amending
Ordinance Regulating Sanitary Sewer System Operated by the County of
Harnett (Increase in Non-Resident Landowners Deposits) Part C,
Section 3(e)(1)(b). COIT@issioner Shaw seconded the motion and it
passed with the following vote: Ayes 3, Noes 2, Absent O. The
resolution is copied in full at the end of these minutes as Attachment
3B.
Commissioner Hudson moved for adoption of a Resolution Amending
Ordinance Regulating Sanitary Sewer System Policies, Rules,
Regulations and Rates for Bunnlevel-Riverside Wastewater Facilities
(Increase in Non-Residen~ Landowner Deposits) Section VIII (1) (b).
Commissioner Shaw seconded the motion and it passed with the following
vote: Ayes 3, Noes 2, Absent O. The resolution is copied in
f~ll at the end of these minutes as Attachment 3C.
III
Commissioner Hudson moved for adoption of a Resolution Awarding
Engineering Services Contract (South Central Water and Sewer District
Phase III Study Project). Commissioner Shaw seconded the motion and
it passed with the following vote: Ayes 3, Noes 2, Absent O.
The resolution is copied i~ full at the end of these minutes as
Attachment 4.
I
W. Glenn Johnson, County Attorney, briefed the Board that Dr. Charles
V. Sikes, Jr. had provided the requested sworn statement concerning
his request for a refund of $40.46, which he had paid as late penalty
on his tax bill. His sworn statement requested that the $40.46 be
refunded based on error involving his tax account. Commissioner Hill
moved that the requested refund of $40.46 by Dr. Charles V. Sikes, Jr.
be approved. Commissioner Titchener seconded the motion and it passed
with a unanimous vote. Dr. Charles V. Sikes' sworn statement is
copied in full at the end of these minutes as Attachment 5.
Reports for the month of July were filed with the Board from Veteran's
Affairs and the Tax Department.
I
RESOLUTION CONCERNING
CAP !TAL AREA JOB
TRAINING ALUMNI MONTH
BUDGET ~1ENDMENT
701
Commissioner Titchener moved for adoption of a Resolution concerning
"capital Area Job Training Alumni Month". Commissioner Hill seconded
the motion and it passed with a unanimous vote. The resolution is
copied in full at the end of these minutes as Attachment 6.
Commissioner Shaw moved for approval of the following budget amendment
for the Education Fund:
Code 10-8600-107 School-Current Expense 402,787. increase
Revenue: 10-3990-000 Fund Balance Appropriated 402,787. increase
Commissioner Hudson seconded the motion and it passed with the
following vote: Ayes 3, Noes 2, Absent O.
MOTION TO TABLE
CONSIDERATION OF
FOR 3 DEPUTY I
SCHOOL LIAISON
Commissioner Hudson made a motion to table consideration of a request
REQUEST for 3 Deputy I School Liaison positions for the Sheriff's Department
until operational agreement has been developed. Commissioner Shaw
POSITIONS seconded the motion and it passed with a unanimous vote.
Chairman Stewart stated that the Board would now consider matters
sitting in its capacity as the governing body of the Southeast Water
DISTRICT and Sewer District of Harnett County.
Dallas H. Pope, County Manager, presented for the Board's
consideration a proposed Resolution Authorizing Execution of Agreement
with the City of Dunn (Southeast Water and Sewer District of Harnett
County). Commissioner Hudson moved for adoption of the resolution.
Commissioner Hill seconded the motion and it passed with a unanimous
vote. The resolution is copied in full at the end of these minutes as
Attachment 7.
SOUTHEAST W &S
MEETING
AGREEMENT WITH THE
CITY OF DUNN
BUIES CREEK-COATS W & S
DISTRICT MEETING
RESOLUTION RE: REFUND-
ING SANITARY SEWER
BONDS FOR BC-COATS
Chairman Stewart stated that the Board would now consider matters
sitting in its capacity as the governing body of the Buies Creek-Coats
Water and Sewer District of Harnett County.
John M. Phelps, II, Public utilities Attorney, presented for the
Board's consideration a proposed Resolution Regarding Refunding
Sanitary Sewer Bonds for Buies Creek-Coats Water and Sewer District.
Commissioner Titchener moved for adoption of the resolution.
Commissioner Hill seconded the motion and it passed with a unanimous
vote. The resolution is copied in full at the end of these minutes as
Attachment 8.
RESOLUTION AUTHORIZING John M. Phelps, I I, Public Utili ties Attorney, presented for the
PUBLIC HEARING ON NE Board's consideration a proposed resolution authorizing a public
WATER SYSTEM ACQUISITION hearing on proposed Northeast water system acquisition. Commissioner
Hudson moved for adoption of the resolution. Commissioner Hill
seconded the motion and it passed with a unanimous vote. The
resolution is copied in full at the end of these minutes as Attachment
9.
EXECUTIVE SESSION
ORDINANCE FOR AVAIL-
ABILITY AND USE FEES
FOR SOLID WASTE DISPO-
SAL FACILITIES
ADJOURNMENT
Commissioner Hill moved that the Board go into executive session to
discuss legal matters. Commissioner Shaw seconded the motion and it
passed with a unanimous vote.
Commissioner Titchener moved that the Board come out of executive
session. Commissioner Hill seconded the motion and it passed with a
unanimous vote.
Dallas H. Pope, County Manger, presented for the Board's consideration
a proposed Ordinance for Availability and Use Fees for Solid Waste
Disposal Facilities. Mr. Pope stated that the ordinance was approved
by a majority vote at the last Board of Commissioners meeting but that
all commissioners were not present at that meeting; therefore, in
accordance with N.C.G.S. S 153A-45, the ordinance is presented again
for consideration at this meeting. Commissioner Hudson moved for
adoption of the ordinance. Commissioner Titchener seconded the motion
and it passed with a unanimous vote. The ordinance is copied in full
at ~he end of these minutes as Attachment 10.
Th~re being no further business, the Harnett County Board of
Commissionera meeting in regular session, August 3, 1992, duly
adjourned at 12:30 p.m.
~ J. /1€A,~V~~vJ
Ka S. Blanchard, Secretary
702
Attachment 1.
HARNETT COUNTY
NORTH CAROLINA
OATH OF OFFICE
TAX ADMINISTRATOR
I, Bobby L. Wicker, do solemnly swear (or affirm) that I will
support and maintain the constitution and laws of the united
states, and the Constitution and laws of North Carolina not
inconsistent therewith, and that I will faithfully discharge the
duties of my office as Tax Administrator with duties of Tax
Collector and Tax Assessor of Harnett County, North Carolina, and
that I will not allow my actions as Tax Administrator with duties
of Tax Collector and Tax Assessor to be influenced by personal or
political friendships or obligations, so help me God.
This the third day of August,
NineteenHundref t N7..:ety Two.
, ~
Bobby L. wicker
Tax Administrator
sworn to and subscribed before me this 3rd day of August, 1992.
l ")
/1 _ ~' p' ,
~c~ V"f~7 r:::fJ/..(}"UAJ
:Jflt.:td l<:~~~~-v ~-u:..;r-
Ii
My Commission Expires
Attachment 2.
NORTH CAROLINA,
HARNETT COUNTY
Model 760
RESOLUTION ACCEPTING BID OF
CASE TRENCHER
THAT WHEREAS, the Harnett County Department of Public
utilities has heretofore solicited bids in connection with
the Trencher to be acquired for use by the Department of
Public utilities; and
WHEREAS, said bids were solicited pursuant to the
General Statutes of the State of North Carolina and all bid
solicitation requirements have been complied with; and
WHEREAS, bids were received
Department of Public utilities
solicitation of bids; and
by the Harnett County
in response to such
WHEREAS, said bids were delivered to the Harnett County
Department of Public utilities on West Duncan street,
Lillington, North carolina, where they were opened and
evaluated; and
WHEREAS, the Harnett County Department of Public
utilities has determined that Prime Equipment Company has
submitted the lowest bid which meets the bid requirements
and that Prime Equipment Company is the lowest bidder,
taking into consideration quality, performance and other
requireme~ts specified by the bid solicitation process
conducted by ';:'he Department of Public utilities; and
I
WhER.!:~-.S, the ~arnett County Board of Commissioners,
mee'':iI:C; i:'1 regular &ession on August 3, 1992, has reviewea
the proposals submitted by all bidders and has concluded
that the contract to provide one Model 760 Case Trencher for
the above referenced county department should be awarded to
Prime Equipment Company.
703
NOW, THEREFORE, BE IT RESOLVED by the Harnett county
Board of Commissioners, upon motion duly made, seconded and
adopted, that the bid of Prime Equipment Company in the
amount of Thirty-four Thousand Nine Hundred Eighty Nine
dollars ($34,989) to provide a 1992 Model 760 Case Trencher
shall be and same is hereby accepted, the contract for such
sh~l~ ~e awarded. by th7 Harnett County Department of Public
Ut1~1~1es to Pr1me Equ1pment Company, and the appropriate
of~1~1~ls of the Harnett County Department of Public
Ut~l1t1es 7hall be and they are hereby directed to notify
Pr1me Equ1pment Company of the acceptance of its bid.and
execute any appropriate contracts in connection therewith.
This is the 3rd day of August, 1992.
HARNETT COUNTY BOARD OF COMMISSIONERS
Byar j ~~
I '7 Cha i man
ATTEST:
By: 1~ 'z.(J(h
Clerk ( .
Attachment 3A.
RESOLUTION AMENDING AN ORDINANCE
REGULATING THE USE OF WATER AND
SEWER FACILITIES OPERATED BY THE
COUNTY OF HARNETT FIXING RENTS, RATES
FEES AND OTHER CHARGES AND PROVIDING
FOR COLLECTION OF SAME
(INCREASE IN NON-OWNER DEPOSITS)
Section 20(e)
WHEREAS, the County of Harnett has established a Department
of Public Utilities for the purpose of managing and operating water
supply and distribution systems owned and/or operated by said
County; and
WHEREAS, the County has heretofore adopted that certain
ordinance entitled "An Ordinance Regulating the Use of Water and
Sewer Facilities Operated by the County of Harnett Fixing Rents,
Rates, Fees and other Charges and Providing for Collection of Same"
to provide said Department of Public Utilities with reasonable
rules and regulations to protect and regulate said water supply and
distribution systems owned and/or operated by the County; and
WHEREAS, the Board of Commissioners of the County of Harnett
desires to amend Section 20(e) of the above mentioned Ordinance
which sets forth the minimum cash deposits required of water users.
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners
of the County of Harnett that Section 20 (e) of that Ordinance
hereinabove identified shall be amended to read as follows:
(e) All users who own real estate within the County will make
a minimum cash deposit of $10.00. All other users shall
make a minimum cash deposit of $50.00. Deposits shall
not draw interest. All users who qualify as commercial
users under the then current rate structure shall be
exempt from this deposit requirement.
704
Attachment 3B.
AND BE IT RESOLVED THAT:
1.
The amendment herein set forth shall become effective
this 3rd day of August, 1992; and
The Harnett County Department of Public utilities is
2.
hereby
authorized
and
directed
take
such
to
.. . t' as are necessary so as to
adm~n~strat~ve ac ~ons
implement the above amendment.
Duly adopted this 3rd day of August, 1992 upon motion made by
Commissioner
Hudson
seconded
by
Commissioner
Shaw
and adopted by the following vote:
3
2
o
Absent
Noes
Ayes
Board of Commissioners of
the County of Harnett
RESOLUTION AMENDING ORDINANCE
REGULATING SANITARY SEWER SYSTEM OPERATED
BY THE COUNTY OF HARNETT
(INCREASE IN NON-RESIDENT LANDOWNERS DEPOSITS)
Part C, Section 3(e)(1)(b)
WHEREAS, the County of Harnett has established a Department
of Public Utilities for the purpose of managing and operating
sewerage collection and treatment systems owned and/or operated by
said County; and
WHEREAS, the County has heretofore adopted that certain
ordinance entitled "Ordinance Regulating Sanitary Sewer System
Operated By The County of Harnett" to provide said Department of
Public Utilities with reasonable rules and regulations to protect
and regulate said sewerage collection and treatment systems owned
and/or operated by the County; and
WHEREAS, the Board of Commissioners of the County of Harnett
desires to amend Part C, Section 3(e)(1)(b) of the above mentioned
Ordinance which sets forth the deposits required of non-resident
I
landowners.
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners
of the County of Harnett that Part C, Section 3(e)(1)(b) of that
Ordinance hereinabove identified shall be amended to read as
follows:
(b) Deposits of $50.00 shall be required for initial service
to all residential users not qualifying as resident
landowners; deposits of $50.00 shall be required for
initial service to all commercial users not qualifying
as resident landowners.
Attachment 3C.
I
705
AND BE IT RESOLVED THAT:
1. The amendrr.ent herein set forth shall become effective
this 3rd day of August, 1992i and
2. The Harnett County Department of Public Utilities is
hereby
authorized
and
directed
take
such
to
administrative actions as are necessary so as to
implement the above amendment.
Duly adopted this 3rd day of August, 1992 upon motion made by
Commissioner
Hudson
Commissioner
seconded
by
Shaw
and adopted by the following vote:
Ayes
3
o
2
Absent
Noes
Board of Commissioners of
the County of Harnett
B
\PUBUT\RES. OPE
RESOLUTION AMENDING ORDINANCE
REGULATING SANITARY SEWER SYSTEM
POLICIES, RULES, REGULATIONS AND RATES
BUHNLEVEL-RIVERSIDE WASTEWATER FACILITIES
(INCREASE IN NON-RESIDENT LANDOWNER DEPOSITS)
Section VIII (l)(b)
WHEREAS, the County of Harnett has established a Department
of Public Utilities for the purpose of managing and operating
sewerage collection and treatment systems owned and/or operated by
said County; and
WHEREAS, the County has heretofore adopted that certain
Ordinance entitled "Ordinance Regulating Sanitary Sewer System
Policies, Rules, Regulations and Rates, Bunnlevel-Riverside
Wastewater Facilities" to provide said Department of Public
Utilities with reasonable rules and regulations to protect and
regulate said sewerage collection and treatment systems owned
and/or operated by the County; and
WHEREAS, the Board of Commissioners of the County of Harnett
desires to amend Section VIII(l)(b) of the above mentioned
Ordinance which sets forth the deposits required of non-resident
landowners.
706
Attachment 4.
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners
of the County of Harnett that Section VIII(l)(b) of that Ordinance
hereinabove identified shall be ame~ded to real as follows:
(b) Deposits of $50.00 shall be required for initial service
to all residential users not qualifying as resident
landowners; deposits of $50.00 shall be required for
initial service to all commercial users not qualifying.
as resident landowners.
AND BE IT RESOLVED THAT:
1. The amendment herein set forth shall become effective
this 3rd day of August, 1992; and
2. The Harnett County Department of Public Utilities is
hereby
authorized
directed
and
take
such
to
administrative actions as are necessary so as to
implement the above amendment.
Duly adopted this 3rd day of August, 1992 upon motion made by
Commissioner
Hudson
by
Commissioner
seconded
Shaw
and adopted by the following vote:
Ayes
3
Absent
o
2
Noes
Board of Commissioners of
the County of Harnett
BY~l~~
L 0 . G. Stew rt, Chairman
of the Board
Attest:
r
!~
Vanessa W. Young,
to the Board
RESOLUTION AWARDIBG
ENGINEE~ING SERVICES CONTRACT
(SOUTH CENTRAL Wf.TER A!1D fo>EWER DISTRICT PHASE HI STUDY PROJECT)
THAT WHEREAS, the Board of Commissioners of the County of
Harnett (hereinafter sometimes referred to as the "Board") pursuant
to resolution adopted April 20, 1992 entitled "Resolution Regarding
Procurement of Engineering Services (South Central Water and Sewer
District Phase III Study Project)", declared the above referenced
Project exempt from the provisions of Article 3D of Chapter 143 of
the General Statutes of North Carolina and otherwise instructed
I
certain officials and representatives of the County with respect
to the selection process for engineers to provide services for the
said Project; and
WHEREAS, in accordance with the instructions of the Board, the
County Public Utilities Director completed a Request for Proposals
with respect to the said Study Project which was distributed to
engineering firms which have shown reasonable interest in providing
engineering services to the County; and
707
WHEREAS, four proposals were received in the office of the
County Manager regarding the services to be performed, each setting
forth the respective qualifications of the firms responding and
stating a proposed fee for such services; and
WHEREAS, said proposals were reviewed and evaluated taking
into account the demonstrated competence and qualifications for the
type of professional services required and the fee to be charged
therefor; and
WHEREAS, in accordance with the referenced Resolution of April
20, 1992, it is now recommended to the Board that it employ the
firm of Marziano & Minier, P.A. of Asheboro, North Carolina to
perform the engineering services related to the aforementioned
Project at the fee of $17,000; and
WHEREAS, it is the desire of the Board to accept said
recommendation and to provide for the employment of said firm and
to authorize work to commence on the Project as soon as
practicable.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners
of the County of Harnett that:
1. The firm of Marziano & Minier, P.A. of Asheboro, North
Carolina is hereby selected and shall be employed to
provide the engineering services associated with the
South Central Water and Sewer District Phase III Study
Project.
2. The appropriate representatives of the County are hereby
authorized and directed to make provision for the
preparation of the necessary documentation to effect the
said employment and upon the completion thereof the
appropriate officers of the County are hereby authorized
to execute the same for and in behalf of the County and
to thereupon authorize commencement of the work.
Duly adopted this 3
day of August, 1992, upon motion made
by
Commissioner
Hudson
seconded
by
Commissioner
Shaw
and adopted by the following
vote:
Ayes
3
Noes
2
Absent
o
Board of Commissioners
of the County of Harnett
I
By
Attest:
~ 't~f~/
Vanessa W. Young, ler
to the Board
708
Attachment 5.
JUNE 18, 1992
HARNETT BOARD OF COMMISSIONERS
LILLINGTON, NC 27546
RE: TAX PENALTY ON 1991 PROPERTY TAXES FOR OPTOMETRIC OFFICE AT 210 W.
IVEY STREET, LILLINGTON, NC. OWNER: DR. CHARLES V. SIKES, JR.
DEAR BOARDMEMBERS:
THROUGH A MISTAKE IN COMMUNICATIONS BETWEEN RALEIGH FEDERAL AND THE
HARNETT COUNTY TAX OFFICE, THE HARNETT COUNTY TAX OFFICE ORIGINALLY
LISTED MY OFFICE BUILDING WITH A CODE WHICH SPECIFIED THAT THE TAXES
WERE IN ESCROW WITH RALEIGH FEDERAL SAVINGS BANK AND THAT THE TAX BILL
WAS TO BE SENT TO RALEIGH FEDERAL FOR PAYMENT EACH YEAR.
UNFORTUNATELY, THIS WAS INCORRECT AND WHEN THE TAX BILL WAS GENERATED
IT WENT TO RALEIGH FEDERAL INSTEAD OF TO ME. A SECOND ERROR THEN
OCCURRED WHEN RALEIGH FED2RAL PAID THE T~X BILL WITHOUT HAVING
RECEIVED THE MONIES FROM ~E.
I SUBSEQUENTLY DISCOVERED THE ERROR IN PAYMENT UPON INQUIRING ABOUT MY
TAX LIABILITY FOR 1990. I THEN CONTACTED RALEIGH FEDERAL AND
REIMBURSED THEM FOR THE AMOUNT OF THE TAXES PAID IN ERROR. I ASKED
RALEIGH FEDERAL TO CONTACT THE TAX OFFICE AND CORRECT THE CODING FOR
FUTURE TAX BILLS. THEY AGREED. ADDITIONALLY, I CONTACTED THE TAX
OFFICE IN PERSON TO ALSO REQUEST THE CORRECTION OF THE CODING ERROR.
AT THIS TIME, I WAS TOLD THAT THE CORRECTION HAD BEEN MADE AND THAT I
WOULD HAVE NO MORE TROUBLE WITH MY TAX BILLS.
HOWEVER, ON APPROXIMATELY APRIL 13, 1992, I RECEIVED A CALL FROM MY
FATHER NOTIFYING ME THAT MY NAME AND ADDRESS WERE LISTED IN THE
NEWSPAPER AS BEING DELINQUENT IN PAYING HARNETT COUNTY TAXES. I
CONTACTED THE TAX OFFICE AND FOUND THAT THE IMPROPER CODING TO SEND
THE BILL TO RALEIGH FEDERAL INSTEAD OF TO ME STILL REMAINED ON MY
PROPERTY LISTING. ON APPROXIMATELY APRIL 15, 1992 I PERSONALLY
APPEARED AT THE TAX OFFICE AND PAID $831.98 WHICH WAS THE AMOUNT OF
THE ORIGINAL TAX EXCLUDING ANY LATE PENALTY WHICH I STRONGLY CONTENDED
I DID NOT OWE DUE TO THE CIRCUMSTANCES AND THE RECENT HISTORY
DESCRIBED ABOVE. I WAS TOLD THAT NO ONE THERE WAS ABLE TO CORRECT THE
ERROR. ON FURTHER QUESTIONING I FOUND THAT I WOU~D HAVE TO GO BEFORE
THE HARNETT COUNTY BOARD OF COMMISSIONERS TO HAVE THE MATTER
ADDRESSED. ADDITIONALLY, I FOUND THAT IT WAS NOT POSSIBLE FOR ME TO
GAIN SUCH AN APPEARANCE UNTIL A LATER DATE. TO AVOID FURTHER ACCRUAL
OF PENALTY, AND FURTHER EMBARASSMENT IN T1E NEWSPAPER, I RETURNED TO
THE TAX OFFICE ON APPROXIMATELY APRIL 24, 1992 AND PAID $40.46 IN
LATE FEE 70 CLEAR OUT THE ACCOUNT UNTIL I COULD APP~AR BEFORE THE
BOARD AND CLEAR THE RECORD.
THE CLERICAL ERRORS OF FAILING TO REMOVE AN IMPROPER CODING ON MY
LISTING AS WELL AS INFORMING ME THAT IT HAD BEEN DONE, RESULTED IN THE
TAX BILL AGAIN BEING ERRONEOUSLY SENT TO RALEIGH FEDERAL. RALEIGH
FEDERAL DID NOT FORWARD THE NOTICE OR COMMUNICATE WITH ME IN ANY WAY
CONCERNING THIS MATTER, SO I WAS LEFT WITHOUT THE PROPER AND CUSTOMARY
REMINDER ON WHICH WE ALL DEPEND. BECAUSE BOTH THE CLERICAL ERROR IN
THE COUNTY TAX OFFICE AND THE RESULTING LATE FEE OCCURRED THROUGH NO
FAULT OF MYOWN, I RESPECTFULLY REQUEST THAT THE BOARD OF COMMISSIONERS
OFFICIALLY CLASSIFY THIS INCIDENT AS A CLERICAL ERROR AND ORDER IT
CORRECTED AND THE LATE FEE OF $40.46 REFUNDED.
RESPECTFULLY SUBMITTED,
/'?/l / J j~jl ~"
Li<t:-.. 6.. ~. ,1 tcx. C/)
CHARLES V. SIKES, J . O.D.
A, .vICvi... 1. 'b.drlJ:J1
\" 0 'II Q I) ~ rt
(, (. ~.'~\ F. t( ~.tl J)
/;;~~\~.; ." "'>(';.>00
rJr. : r,.~ '=:-i-)C,fTI' "- ~
. .
: *" : r~.".-, : 1-.?" ;
~ \ PL;;~'L~[; .: aD
... ...0-
~.(-<:... ~~.~.,~v.o
~ <.'(-' .......:--.1 ;-...
· f/ It [lU U~,\ ~ '\, ~..
.q.'~ula"Q'o~O
Sworn to and subscribed before me,
this the 13th day of July, 1992.
Notary Public
My Commission Expires: 10-30-96.
I
Attachment 6.
Attachment 7.
709
RESOLUTION
WHEREAS, Job Training programs are effective means for assisting
school dropouts, welfare recipients, unskilled adults, disadvantaged
youth, dislocated workers and others who face serious barriers to
employment;
WHEREAS, the members of Congress, the press and our community
should be informed of the positive impact job training has on the
lives of our fellow citizens;
WHEREAS, all partners in the Job Training Partnership Act system
(federal, state and local government, business, labor, labor
education, community-based organizations and service providers) must
assume an active role in effectively communicating the success of the
program;
WHEREAS, Job Training Alumni (individuals who have successfully
completed the program) who have overcome their barriers to employment
and are now p~oductive members of our community are the best advocates
for the program;
WHEREAS, it is the desire of the Harnett County Board of
Commissioners to officially recognize the achievements of Wake,
Johnston and Harnett Counties' Job Training Alumni and to support the
program;
NOW, THEREFORE, the Harnett County Board of Commissioners he~eby
proclaims August, 1992, .Capital Area Job Training Alumni Month..
This the 3 day of August
Stewart,
Board of County Commissioners
Commissioner
Titchener
moved the adoption of the foregoing
Resolution.
Commissioner
Hill
seconded the motion and, upon vote,
the motion
passed unanimously
this the ...2- day of August 1992.
RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH THE CITY OF DUNN
(Southeast Water and Sewer District of Harnett County)
WHEREAS, the Board of Commissioners of the County of Harnett
sitting as the governing body of Southeast Water and Sewer District
of Harnett County, has reviewed and considered that Agreement
between the City of Dunn and Southeast Water and Sewer District of
Harnett County, a copy of which is attached hereto as Exhibit A;
and
WHEREAS, it is the desire of the Board to enter into said
Agreement.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners
of the County of Harnett sitting as the governing body of Southeast
Water and Sewer District of Harnett County that:
1. Southeast Water and Sewer District of Harnett County
shall and hereby does agree to enter into that Agreement
with the City of Dunn, a copy of which is attached hereto
as Exhibit A.
2. The Chairman of the Board, sitting as the governing body
of the District, and the Clerk to the Board and of the
District are hereby authorized and directed to execute
the originals of said Agreement.
710
Duly adopted this 3rd day of August, 1992 upon motion.ma?e by
Commissioner Hudson , seconded by CommlSSloner
Hill and adopted by the following vote:
AYES 5
NOES
o
ABSENT 0
BOARD OF COMMISSIONERS OF THE
COUNTY OF HARNETT sitting as
the governing body of Southeast
Water and Sewer District of
Harnett County
I
By:
;LT:
Vanessa W. Young,
Board and of Sout
Sewer District of
to the
EXHIBIT A
NORTH CAROLINA
AGREEMENT
HARNETT COUNTY
THIS AGREEMENT is made and entered into as of the _____ day
of
1992, by and between the CITY OF DUNN, a
municipal corporation organized and existing under the laws of the
State of North Carolina (hereinafter sometimes referred to as
"City") and SOUTHEAST WATER AND SEWER DISTRICT OF HARNETT COUNTY,
a County water and sewer district organized and existing under the
laws of the State of North Carolina (hereinafter sometimes referred
to as "District").
WIT N E SSE T H:
THAT WHEREAS, District was crected by the Board of
Commissioners of the County of Harnett on August 15, 1988 and
includes within its boundaries portions of Averasboro and Duke
Townships, along with a certain area over which City exercises
extraterritorial jurisdiction as is authorized under and pursuant
to Article 19 of Chapter 160A of the General Statutes of North
Carolina; and
WHEREAS, City and District are interested in the orderly
growth of the area included within City's extraterritorial
jurisdiction, and in the development of District's water
distribution facilities in a manner that is compatible therewith;
and
WHEREAS, City and District have heretofore entered into an
Agreement dated SepteJ'llber 6, 1990 wherein a number of mutual
agreements were made between the parties relative to the District
and other matters; and
WHEREAS, District and City now desire to set forth herein the
remainder of their mutual agreements which are designed to provide
for consistent and coordinated water facilities systems.
NOW,
THEREFORE,
in
consideration
of
the
mutual
representations, warranties, covenants and agreements contained
herein and hereinafter set forth, City and District agree as
follows:
SECTION I
SCOPE OF AGREEMENT
This Agreement is intended to satisfy all concerns of the
parties relative to the construction of District's water facilities
and to set forth the unrierstandings and agreements of the parties
hereto with respect to the following mattersl
711
A. The designation of certain areas within the District where
City will provide water service.
B.
d . t' f certa;n upgrades and other
The es~gna ~on 0 ...
I
modifications to be made to District's water facilities system.
C. The provision for transfer of District's water customers
to City upon annexation by City of areas where said customers are
located.
D. The connection of individual water meter services along
the existing water pipeline located along U.S. Highway 301 north
of Dunn.
E. The sale of potable water to areas of the District located
on the north side of Dunn.
F. The various details and procedures to be utilized by
District and City relative to the matters herein agreed upon.
SECTION II
DESIGNATION OF CITY WATER SERVICE AREA
A. General. It is acknowledged by City and District that an
area lies outside the perimeter of the corporate limits of the City
of Dunn over which City, pursuant to N.C. Gen.Stat.S160A-360,
exercises extraterritorial jurisdiction.
City currently intends
to annex into its corporate limits a portion of said area as
hereinbelow described and as a result thereof would be responsible,
among other things, for providing water service therein.
In an
effort to avoid duplication of facilities and in anticipation of
such annexation, it is agreed between City and District that City,
pursuant to this Agreement, will provide water services in said
proposed annexation area.
B.
Desianation of Proposed Annexation Area.
The proposed
area to be annexed into the corporate limits of the City of Dunn
as mentioned above is that area generally known as Glover Estates,
and for purposes of this Agreement and water service matters, shall
include those properties lying adjacent to the following streets
or roads:
1. That portion of SR 1715 (Meadowlark Road) which begins
at its intersection with SR 1705 (Fairground Road) and
runs in a northerly direction to its intersection with
SR 1893 (Eldridge Street).
2. SR 1868 (Beale Street).
3. SR 1891 (Chelsea Street) .
4. SR 1892 (Beasley Street) .
5. SR 1893 (Eldridge Street).
6. SR 1894 (Ann Street).
C.
Commencement of Service.
District desires that water
service in the area above identified be made available to customers
therein within a time period substantially similar to the time
period such services would have been available if provided by the
District. City covenants with District that it will cause water
service to be available to said area within that time period above
specified. City further agrees to promptly notify in writing those
potential water customers in the area described of its intention
and agreements herein set forth.
712
SECTION III
UPGRADES TO DISTRICT SYSTEM
A.
General.
Areas within the City's extraterritorial
jurisdiction, other than the service area designated in Section II
above, are anticipated to be annexed into the City limits at some
future date. City and District have mutually agreed that certain
upgrades should be made to the District's water facilities in such
areas so as to eliminate duplicative efforts and costs associated
with multiple pipelines and to provide for facilities at the
current time which will meet the reasonable expected future needs
I
of the parties.
B.
Uoarades Specified.
The following upgrades of the
District's system shall be completed by the District as part of its
water facilities project:
1. The pipeline to be installed adjacent to that portion of
SR 1808 (Jonesboro Road) which begins at the intersection
of SR 1808 and SR 1802 and runs eastwardly crossing
Interstate Highway 95 to the intersection of SR 1808 and
1806 shall be increased in size from an eight (8) inch
to a twelve (12) inch.
2. The pipeline to be installed adjacent to that portion of
U.S. Highway 421 which begins at the intersection of U.S.
Highway 421 and SR 1794 and runs northwardly to the
intersection of U. S. Highway 421 and N. C. Highway 55
shall be increased in size from an eight (8) inch to a
twelve (12) inch.
3. The pipelines to be installed adjacent to those roads
indicated below shall be increased in size as required
to add fire hydrants:
a. That portion of SR 1851 which begins at its
intersection with SR 1793 and runs westwardly to the
point where said SR 1851 turns in a southerly
direction.
b. That road designated as SR 1912 which begins at its
intersection with SR 1793 and runs westwardly to its
end.
c. That road designated as SR 1913 which begins at its
intersection with SR 1912 and runs southerly and
I
then westwardly to its end.
d. That road designated as SR 1866 which begins at its
intersection with SR 1793 and runs southwesterly to
its end.
point where said SR 1873 turns in a southerly
e. That portion of SR 1873 which begins at its
intersection with SR 1785 and runs westwardly to the
direction.
C.
Costs of Uoarades.
The cost of the upgrading of the
system of District as specified above, including the costs for
acquisition and installation of fire hydrants and appurtenant
equipment, shall be paid'to District by City. Said cost shall be
paid to District as provided in Section III (E) below.
713
D. Determination of Cost of Upgrades. The cost of the
upgrading of the system of District as specified above shall be the
total of the following amounts:
I
1.
The cost of increasing pipeline sizes as described in
subsection III (B) above, which cost shall be calculated
by multiplying that amount which is the difference
between the unit prices of the orig~nally required
pipeline size and the increased pipeline size [as
specified in the contract(s) with the successful
bidder(s)] by the length of pipeline to be installed.
By way of example, where original requirements were an
eight (8) inch pipeline an~ the increased requirement is
a twelve (12) inch pipeline, the difference in unit
prices between the cost of an eight (8) and a twelve (12)
inch pipeline [as specified in the contract(s) with the
successful bidder(s)] will be multiplied by the length
of pipeline involved; and
2. The cost of acquiring and installing fire hydrants as
described in subsection III (B) above, as specified in the
contract(s) with the successful bidder(s).
3. The cost of acquiring and installing valves and other
appurtenant equipment necessary to complete the upgrades
described.
The cost of the upgrading of District's system shall be
calculated by District's engineer as soon as practicable after
contract(s) award, and thereafter promptly submitted to City.
E. Time When Costs of Upgrades Due. The cost of the
upgrading of the system of District as specified above shall be due
an payable to District by City as follows:
One-third (1/3) thereof shall be due and
payable within ten (10) days after the cost of
the upgrades has been submitted to City.
One-third (1/3) thereof shall be due and
payable within ten (10) days after notification
to City by District that one-half (1/2) of the
project construction is completed.
One-third (1/3) thereof shall be due and
payable within ten (10) days after notification
to City by District that the project
construction is substantially completed.
City covenants that it currently has available for its
expenditure sufficient funds to pay the costs of the expansions as
set forth above, and agrees to supply to District, upon request,
sufficient documentation to verify the same.
F. Procedure Regarding Upgrade Construction. The upgrading
of the system of District as set forth in this Section shall be
implemented as part of the District's overall water facilities
project, and as such the following provisions shall apply:
714
1. District shall cause its consulting engineer to design
the system for District to include the upgrades herein
described. Thereafter, the consulting engineer employed
by District shall confer with the consulting engineer
employed by City for the purpose of mutually agreeing to
the engineering details of the upgrades.
The designs shall be submitted to the necessary federal,
state and/or local governments and/or agencies as is
required by law and District shall obtain approval
therefrom for the same.
I
2.
3. The project, including the upgrades herein set forth,
shall be submitted and advertised for bids pursuant to
applicable law.
4. The contract or contracts for the installation and
construction of the water facilities for District,
including the upgrades herein set forth, shall be
awarded, pursuant to law, by District. The determination
as to which bidder or bidders shall be awarded contracts
shall be made by District.
SECTION IV
OTHER MODIFICATIONS TO DISTRICT SYSTEM
A. General. As a result of negotiations between City and
District and in an effort to complement the service areas of each,
it is agreed that other modifications shall be made to the
District's system.
B. Modifications Soecified. The following modifications of
the District's system .shall be implemented by the District as part
of its water facilities project:
1. The pipeline to be installed adjacent to SR 1715 shall
extend from the intersection of SR 1715 and SR 1722 in
a southerly direction to such point as will enable
District to serve its most southerly water user along
said road.
2. The pipeline to be installed adjacent to SR 1705 shall
extend in a southerly direction from the intersection of
SR 1705 and SR 1714 to such point as will enable District
to serve its most southerly water user along said road.
3. The pipeline to be installed adjacent to that portion of
SR 1712 which begins at the intersection of SR 1712 and
U.S. Highway 301 and runs northwardly to the intersection
of SR 1712 and SR 1711 shall be reduced in size from a
twelve (12) inch to an eight (8) inch.
4. The pipeline to be installed adjacent to that portion of
SR 1711 which begins at the intersection of SR 1711 and
SR 1712 and runs westwardly to the intersection of SR
1711 and SR 1705 shall be reduced in size from a twelve
(12) inch to an eight (8) inch.
5. The meter designated as Master Meter No.2 shall be moved
from its original location along SR 1793 to a point along
SR 1780 which is located west of the intersection of SR
1780 and u.s. Highway 301.
715
6. The pipeline which was originally to be installed
adjacent to that portion of SR 1793 which begins at the
intersection of SR 1793 and SR 1851 and runs northwardly
to the original location of Master Meter No.2 shall be
I
7.
deleted.
The pipeline to be installed adjacent to SR 1785 shall
connect to the system of City at the City limits along
said SR 1785 (without a meter) and shall run in a
southerly and then southwesterly direction to such point
as will enable District to serve its most southwesterly
water user along said road.
8. The pipeline to be installed adjacent to SR 1791 shall
connect to the system of City at the City limits along
said SR 1791 (without a meter) and shall run in a
southwesterly direction to a point east of SR 1002.
SECTION V
TRANSFER OF CUSTOMER SERVICES
UPON AHHEXATION
A.
General.
It is agreed that when territory within the
boundaries of the District is annexed into the City, District water
customer services located in such territory shall be transferred
from District to City in accordance with this section.
B. Sale and Purchase. Upon annexation of District territory
into the City, District agrees to sell to City and City agrees to
purchase from District all water pipelines, mains, laterals, meters
and appurtenant equipment (the water facilities) necessary to
supply water to customers located within such territory.
C. Purchase Price. The purchase price to be paid by City for
the water facilities shall be that sum of money which equals the
product of the number of District water customer services annexed
multiplied by the principal amount of the debt which remains unpaid
with respect to each such customer service. The principal amount
of the debt which remains unpaid with respect to each such customer
service shall be calculated by dividing the principal balance due
on the District's debt by the number of existing District water
customer services (including those water customer services
annexed) .
The calculations above described shall be made based
upon the principal balance due on the District's debt and the
number of existing District water customer services as of the last
day of the fiscal year during which an annexation becomes final as
interpreted under North Carolina law.
D.
Payment of Purchase Price.
The effective date of a
transfer of District water customer services from District to City
I
shall be as of the last day of the fiscal year during which an
annexation becomes final as interpreted under North Carolina law.
The purchase price payment shall be made within thirty (30) days
after the effective date above described.
E. Procedure for Transfer of Customer Services.
1. At such time as City determines that it desires to annex
territory within the District where water service is
provided by District, City shall thereupon provide the
following information to District:
a. A description of the territory to be annexed,
together with a map or plat of such territory.
716
b. The number of District water customer services
located in the territory to be annexed.
c. Estimated timetable to be utilized in processing
and completing the annexation.
d. Such technical information and data as is necessary
customer service transfers.
I
to fully acquaint representatives of District with
the physical plans of City related to District
2. Upon review and evaluation of the information supplied
by City, the appropriate District representatives shall
advise City of any suggestions they may have relative to
technical matters and the transition of services.
3. Represantatives of District and City shall meet and
mutually agree upon technical matters regarding the
transfer of services and shall cooperate with one another
to effectuate an orderly transfer of the service from
District to City.
F. Costs Associated with Transfer of Customer Services. City
shall be responsible for designing and constructing and/or
installing any water pipelines or mains, any master meter vaults
and appurtenant equipment, together with any fees and costs
associated therewith, necessary to effectuate the transfer of
customer services as herein provided.
Any costs incurred by
District for disconnections, capping or similar work associated
with the transfer of customer services shall be reimbursed to
SECTION VI
CONNECTIONS TO EXISTING PIPELINE
LOCATED ALONG HIGKWAY 301 NORTH
District by City upon billing.
A.
General.
Pursuant to agreement dated August 14, 1975
between City and the County of Harnett, (the "1975 Agreement") a
water transmission line was constructed extending from Powell
Manufacturing Company along U.S. Highway 301 North of Dunn to the
Harnett-Johnston County Line. Said pipeline shall hereinafter be
referred to as the "301 north pipeline." The same, pursuant to the
1975 Agreement, has been, and continues to be, maintained and
operated by the City.
Connections to the 301 north pipeline by
District shall be made pursuant to and in accordance with the
Section.
B.
Connections Durina Construction.
It is agreed that as
part of its implementation of its water facilities project,
District shall provide for the installation of meter connections
to the 301 north pipeline.
Said installation shall be made
pursuant to and in accordance with the following terms, conditions
for each customer desiring water service during
I
and procedures:
1. Said meter connections shall be made by the contractor(s)
construction of District's water facilities project. Any
customers served by such meter connections shall be and
remain customers of District.
2. Such meter connections shall include a service lateral
from the 301 north pipeline and a complete meter service
facility.
717
3. District may charge and collect water connections fees
for such meter connections as are described in this
Section in accordance with its policies, rules and
regulations.
Such fees as are collected shall be
retained by District.
4. City shall collect no fees or other charges for the meter
connections as are described in the section. City hereby
expressly waives its right to charge and collect any fee
or charge as set forth in the 1975 Agreement.
5. Such meter connections as are described in this Section
shall be completed in accordance with standard practices
and procedures and approval for the same, where
applicable, shall be obtained from the necessary federal
and/or state governments and agencies.
6. Upon completion of a meter connection as described
herein, the lateral and meter facility installed shall
be and remain the sole and exclusive property of the
District. The District shall own, operate and maintain
the same as part of its water distribution facilities.
District shall be entitled to collect and retain all
revenues from customers served by the meter connections
herein provided for.
7. City shall read meters installed pursuant to this Section
at no cost to District, and shall provide such meter
readings to District for billing.
B. Water provided through such ,meter connection shall be
delivered in accordance with Section VII hereof.
C. Connections After Construction Completion.
Connections
made to the 301 north pipeline after completion of District's
initial facilities project shall be made in accordance with
subsection B of this Section, except that meter connections will
be made by District or its operator.
SECTION VII
WATER SALE TO DISTRICT
City agrees to sell water to District pursuant to and in
accordance with the following terms, conditions, and procedures:
A. Ouality and Ouantity. City agrees to furnish District at
the points of delivery hereinafter specified potable treated water
meeting applicable purity standards of the Division of Health
Services, Department of Environment, Health and Natural Resources
of the State of North Carolina, in such quantity as may be required
by the District.
B.
Points of Deliverv.
The water will be furnished to
District at the following locations.
I
1.
At a point located along SR 1780 which is located west
of the intersection of SR 1780 and U.S. Highway 301. A
Master Meter designated as Number 2 will be constructed
and installed at this point.
2. At a point located along SR 1785 where City's existing
pipeline terminates. There shall be no meter facility
installed at this point. (See section IV(B)(7) hereof).
3. At a point located along SR 1791 where City's existing
pipeline terminates, there shall be no meter facility
installed at this point. (See Section IV(B)(8) hereof).
4. At those points along U.S.Highway 301 North where
718
individual service connections have been installed in
accordance with Section VI of this Agreement.
C. Pressure. The water will be furnished to District at the
points designated in subsection B above at a reasonable constant
pressure calculated at fifty (50) pounds per square inch at the
points of delivery to the District.
D. Metering Eauioment. District shall furnish and install
at its own expense the Master Meter to be located at the point
designated in subsection B above. The same shall include the
necessary metering equipment, including a meter house or pit, and
required devices of standard type for properly measuring the
quantity of water delivered to District. City will calibrate such
metering equipment whenever requested by District, but not more
frequently than once every twelve (12) months. A meter registering
not more than two percent (2%) above or below the test result shall
be deemed to be accurate. The previous readings of any meter
disclosed by test to be inaccurate shall be corrected for the three
(3) months previous to such test in accordance with the percentage
of inaccuracy found by such tests. If any meter fails to register
for any period, the amount of water furnished during such period
shall be deemed to be the amount of water delivered in the
corresponding period immediately prior to the failure, unless City
and District shall agree upon a different amount. City will
operate and maintain at its own expense the Master Meter herein
described. The metering equipment shall be read on the first day
of each month by City. Appropriate officials of District shall
have access to the meters at all reasonable times.
E. Emeraency Failures. Emergency failures of pressure or
supply due to main supply line breaks, power failure, flood, fire,
and use of water to fight fire, earthquake or other catastrophe
shall excuse City from the provisions of this Section for such
reasonable period of time as may be necessary to restore services.
In such event, District shall have the right to obtain its supply
of water from alternate sources until service is restored.
F. Billing Procedure. City will furnish District not later
than the fifth (5th) day of each month, with an itemized statement
of the amount of water furnished the District (through those
individual meters referred to in Section VI hereof and those meter
facilities and other points of delivery referred to in Section
VII(B) hereof) during the preceding month.
G. Rates and Payment Date. District agrees to pay to City,
not later than the twentieth (20th) day of each month, for water
delivered in accordance with that schedule of rates, as adopted
from time to time by the City, for bulk municipal (wholesale)
customers. There shall be no minimum rate.
H. Connection Fees. It is understood that no connection fee
or fees or other charges shall be made to District for water
connections made pursuant to this Agreement.
I. Water During Construction. When 'requested by District,
City will make available to District and/or its contractor(s) at
the point or points of delivery, or other points reasonably close
thereto, water sufficient for testing, flushing and trench filling
the system, facilities and/or water distribution line(s) of
District during construction, irrespective of whether metering
I
719
equipment has been installed at that time. Charges for water so
made available shall be calculated based upon the rate stated in
subsection G above.
Such charges shall be paid by District.
District may also obtain water during construction from other water
sources.
J.
O~erations and Temoorary Failures.
City will, at all
times, operate and maintain its system in an efficient manner and
will take such action as may be necessary to furnish District with
quantities of water required by District.
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 City is otherwise diminished over an
extended period of time, the supply of water to District's
consumers shall be reduced or diminished in the same ratio or
proportion as the supply to City's consumers is reduced or
diminished. In the event of system failures and/or diminution in
water availability, District shall have the right to obtain its
supply of water, or portion thereof, from alternate sources until
service is restored.
K. Modifications of Rates. The provisions of this Agreement
pertaining to the schedule of rates to be paid by District for
water delivered are subject to modification at the end of every
fiscal year. Any increase or decrease in rates shall be based on
a demonstrable increase or decrease in the costs of performance
hereunder. Such costs shall not include increased capitalization
of City's water distribution system except as such costs relate
directly to increasing the capacity of services to District.
L. Alternate Water Source. In the event District chooses to
obtain water from a source or sources other that City, District,
upon twelve (12) months written notice to City, shall have the
option of ceasing to purchase water from City as provided in this
Section.
M. Indemnification. City hereby agrees to indemnify and hold
harmless District from and against all loss, costs, expenses,
including attorney's fees, claims, suits and judgments whatsoever
in connection with any sickness, injury to or death of any person
or persons resulting from the delivery of contaminated water or
water containing contaminants and/or impurities to District.
SECTION VIII
CITY TO CONSTRUCT
ELEVATED WATER STORAGE TANK
It is acknowledged by City that it currently does not have
sufficient hydraulic capacity to maintain satisfactory water
pressure in all areas of the District.
In order to correct this
I
insufficiency, City agrees to construct and install an elevated
water storage tank in the vicinity of the Mary Stewart School. It
is anticipated that the construction of said water storage tank
will be concurrent with the construction of the District's water
facilities, such that sufficient water will be available in a
satisfactory manner for District customers when needed. However,
in the event water is not available in such manner when needed,
District shall have the option and privilege of obtaining water
from other sources until sufficient and satisfactory water is
available from City.
720
SECTION IX
METER READING SERVICE
PROVIDED BY CITY
It is agreed that City, at no cost to District, shall read
District's meters located as follows:
A. Those meters installed along U. S. Highway 301 North
pursuant to Section VI of this Agreement.
B. Those meters installed along the pipeline to be
constructed adjacent to SR 1785 as the same is described in Section
IV(B) (7) hereof.
C. Those meters installed along the pipeline to be
constructed adjacent to SR 1791 as the same is described in Section
IV(B)(8) hereof.
D. Those meters installed along the pipeline to be
constructed adjacent to SR 1873 as the same is described in Section
III(B)(3)(e) hereof.
Upon reading said meters, City shall supply the meter readings
to District for billing.
SECTION X
FUTURE WATER TRANSMISSION
It is agreed that City shall have the right to transmit water
through the system of the District, and that District shall have
the right to transmit water through the system of the City. There
shall be no cost for such transmissions, except that any
modifications made to the system through which the transmission is
SECTION XI
FmHA APPROVAL
made shall be paid by the transmitting party.
The construction of the water supply distribution system of
the District will be financed by a loan made or insured by, and/or
a grant from the Farmers Home Administration of the United States
Department of Agriculture (the "FmHA"), and the provisions of this
Agreement pertaining to the undertakings of the District are
conditioned upon the approval, in writing, of the appropriate
official(s) of the FmHA.
SECTION XII
GENERAL PROVISIONS
A. This Agreement shall be effective on a continuing basis
until terminated by mutual agreement of the parties.
B. This Agreement may be modified or altered upon the mutual
written agreement of the parties hereto.
C. The covenants and agreements contained in this Agreement
are binding on th~ par~ies hereto and their successors, assigns and
legal representatives.
D. This Agreement is subject to such rules, regulations,
I
statutes and/or laws as may be applicable to such or similar
agreements in this State and the parties hereto agree to
collaborate when necessary to obtain such permits, certifications,
or the like, as may be required to comply therewith.
E. Whenever, in the course of performing the various terms
of this Agreement, it becomes necessary for the parties to make
determinations with respect to certain details not specifically
provided for herein, such as inspections, system testing or the
721
like, appropriate representatives of the parties may collaborate
and mutually agree upon such matters, without need for the
amendment or modifications hereof.
F. Any notice to be given hereunder to City shall be made in
writing and mailed by first class mail to City of Dunn at the
following address:
Post Office Box 1065
Dunn, NC 28334
Any notice to be given hereunder to District shall be made in
writing and mailed by first class mail to the Southeast Water and
Sewer District of Harnett County at the following address:
Post Office Box 759
Lillington, NC 27546
G. The City and District represent and warrant, each to the
other, the existence of all capacity, authority, resolutions and
actions necessary to execute this Agreement.
H. This Agreement is executed in duplicate originals, one of
which is retained by each party hereto.
Executed
by
the
City
of
Dunn,
this
day
of
, 1992.
THE CITY OF DUNN
BY:
Oscar N. Harris, Mayor
Attest:
Donna M. Lockamy, Clerk
Executed by the Southeast Water and Sewer District of Harnett
County this ~ day of
August
, 1992.
G. Stewart,
a rman Board of
Commissioners of the County
of Harnett sitting as the
governing body of the
Southeast Water and Sewer
District of Harnett County
~~
Vanessa W. Young,
Clerk to the Board an of
the Southeast Water and
Sewer District of Harnett
County
This Agreement is approved on behalf of the Farmers Home
I
Administration this
day of
, 1992.
By:
'i'itle:
722
Attachment 8.
RESOLUTION REGARDING REFUNDING
SANITARY SEWER BONDS
BUIES CREEK - COATS WATER AND SEWER DISTRICT
WHEREAS, the Buies Creek - Coats Water and Sewer District of
Harnett County (the "District")
has currently outstanding
$1,727,000 Sanitary Sewer Bonds dated June 1, 1984; and
WHEREAS, the Board of Commissioners of the County of Harnett,
sitting as the governing body of the District (the "Board") has
been advised that it would be economically feasible to refinance
said outstanding bonds given the present favorable interest rate
environment; and
WHEREAS, the Board desires to proceed with such refinancing
and in connection therewith desires to obtain proposals from
various financial institutions and other firms regarding financing
methods and other details associated therewith.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners
of the County of Harnett sitting as the governing body of Buies
Creek - Coats Water and Sewer District of Harnett County that the
County Public Utilities Attorney and such other representatives of
the District as are appropriate are hereby authorized and directed
to solicit requests for proposals from financial institutions and
other firms regarding proposed methods of refinancing and such
services as are required in connection therewith, and to thereafter
report their findings to the Board for further action.
Duly adopted this 3rd day of August, 1992 upon motion made by
Commissioner
Hill
Titchener
seconded by Commissioner
and adopted by the following vote:
Ayes
5
Absent
o
o
Noes
Board of Commissioners of the
County of Harnett sitting as the
governing body of Buies Creek -
Coats Water and Sewer District
of Harnett c~nty
By ~ ~ /J /1'fw.,.):
1 d G. Stewart, Cha1rman
of the Board
At~t:
U 'ul
Vanessa W. Young,
Board and of the uies
Coats Water and Sewer
of Harnett County
to the
Creek -
District
Attachment 9.
Attachment 10.
723
RESOLUTION AUTHORIZING PUBLIC HEARING
WHEREAS, at its meeting on July 28, 1992, the Board of
Commissioners of the County of Harnett (the "Board") resolved that
the County of Harnett intends to exercise its option to purchase
the water production and distribution facilities of the Northeast
Metropolitan Water District of Harnett County as provided in that
Lease between the said District and the County dated May 30, 1980
(as amended); and
WHEREAS, the Board further stated its desire to finance the
c~sts ?f the County's purchase of said facilities pursuant to a
f~nancl.ng agreement completed in accordance with N. C. Gen. Stat.
S160A-20; and
. WHEREAS, N.C.Gen.Stat. S160A-20 provides that before entering
~nto a financing agreement or contract thereunder involving real
property, the County shall hold a public hearing on the financing
agreement or contract; and
WHEREAS, the Board now desires to call the public hearing as
required by said statute.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners
of the County of Harnett that:
1. A public hearing regarding the financing agreement or
contract hereinabove described shall be held during the
Board's next regular meeting which is scheduled for 7:00
o'clock p.m. on August 17, 1992 in the Harnett County
Office Building in Lillington, North Carolina.
2. The appropriate representatives of the County are hereby
directed to take such actions as are necessary to
advertise said public hearing pursuant to and in
accordance with law.
Duly adopted this 3rd day of August, 1992 upon motion made by
Commissioner Hudson , seconded by Commissioner
Hill and adopted by the following vote:
AYES 5
NOES 0
ABSENT 0
BOARD OF COMMISSIONERS OF THE
COUNTY OF HARNETT
By:
ArST: ,
/l~~ 'tU
Vanessa W. Young,
Board
ORDINANCE
FOR
AVAILABILITY AND USE FEES FOR SOLID
DISPOSAL FACILITIES
HARNETT COUNTY, NORTH CAROLINA
,i7h PILED J..,q~-
WASTEBOCi,Y IC:;_-".',G~ ?iJ;)..
'92 RUG 7 Prl 2 23
WHEREAS, the need to protect
new Federal and State solid waste
and
_" -- ,"iOLDER
the environment has led -to\..;7 DEEDS
management regulat;;ions, . '\.
" _v.J"TY,NC
WHEREAS, the North Carolina Solid Waste Management Act
mandates that all counties in North Carolina develop a
comprehensive plan for the management of solid waste, and
WHEREAS, the North Carolina Solid Waste Management Act
mandates that new sanitary landfills meet all Environmental
Protection Agency, Subtitle D, sanitary landfill
regulations, and
WHEREAS, the North Carolina Solid Waste Management Act
requires counties to provide alternative solid waste
disposal facilities for items which can be diverted from
sanitary landfills, and
WHEREAS, Harnett County currently owns and operates a
solid waste disposal facility which will include new lined
sanitary landfill cells, a demolition cell, an asbestos
cell, and a tire monofill cell, and
724
WHEREAS, Harnett County has a need to impose and
collect fees for the availability and use of all
County-owned disposal facilities, and
WHEREAS, N.C.G.S. S 153A-292 and S 153A-293, provide
that such fees may become a lien on the improved property of
the taxpayer, much the same way as ad valorem taxes are a
lien, provided an Ordinance is adopted by the Board of
Commissioners complying with the provisions of the aforesaid
Statutes.
BE IT ORDAINED THAT:
NOW, THEREFOaE, the Harnett County Board of
Commissioners adopts the following Ordinance:
Section 1. Purpose and Intent
The provisions of this Ordinance are such as to impose
fees for the availability and use of a disposal facility
provided by the County of Harnett. Availability fees
imposed hereunder shall not exceed the cost of providing the
facility and shall be imposed on all improved property in
the County that benefits from the availability of the
facility. Fees for use of the facility shall not exceed the
cost of operating the facility and may be imposed only on
those who use the facility.
Section 2. Authority
This Ordinance is adopted under the authority of
N.C.G.S. S 153A-292 and S 153A-293.
Section 3. Applicability
This Ordinan~e is applicable to all owners of improved
property in the County that benefit from the availability of
the facility and commercial, municipal, and industrial users
of the facility, subject to the provisions of N.C.G.S.
S 153A-292(b).
Section 4. Fees
Except as otherwise herein provided, the following fees
shall be imposed:
A. A fee of $37.50 per unit, for the 1992-1993 fiscal
year, shall be imposed on the improved property of
each owner (as of July 1 of the fiscal year for
which the fee is collected) within Harnett County
that benefits from the availability of the
facility, and thereafter said fee per unit, per
year will be established annually by the Harnett
County Board of Commissioners in the annual Budget
Ordinance. For the purposes of this Ordinance,
unit means a potential generator of solid waste
and shall include, but not be limited to, each
individual residence, mobile home, apartment unit,
condomi~ium unit, commercial enterprise,
manufacturer, indl1strial plant, utility, church,
school, hospital, rest home facility and
non-profit institution. This fee shall be applied
separately for each individual business, store, or
other entity within a commercial enterprise.
B. Effective July 1, for fiscal year 1992-1993, a fee
of $25.00 per ton, shall be imposed on all solid
waste deposited by commercial, municipal and
industrial entities which use the facility, and
thereafter, said fee per ton shall be established
by the Harnett County Board of Commissioners in
the annual Budget Ordinance; provided, however,
said fee shall not apply to solid waste deposited
by commercial and municipal haulers which is
collected from residential customers within
Harnett County.
c. Effective July 1, for fiscal year 1992-1993, a fee
of $25.00 per ton shall be collected from
individuals, commercial, municipal, and industrial
haulers that deposit stumps, limbs, leaves,
concrete, brick, wood, construction debris, and
uncontaminated earth in the demolition landfill.
Thereafter, said fee per ton, shall be established
by the Earnet't County Board of Commissioners in
the annual Budget Ordinance. There will be no
charge !c~ yard waste delivered separated in the
follo"iir.g categ.Jries:
(1) Leaves and grass clippings only.
(2) Lirr~s under 6 inches in diameter and 6 feet
or less in length.
(3) Wood products - clean and in natural state
(without paint, etc, and 6 feet or less in
length. )
725
D. Effective July 20, for fiscal year 1992-1993, fees
for tire disposal, as set forth below, shall be
collected from individuals, and commercial,
municipal, and industrial haulers in accordance
with Senate Bill 111, Chapter 784. Such fees
shall supersede any tire disposal fees adopted or
established prior to July 20, 1992. Thereafter,
said fees shall be established by the
Harnett County Board of Commissioners in the
annual Budget Ordinance.
$ .50 each
$1. 25 each
$2.50 each
$3.75 each
$ .50 per/20 #
Car and light truck - up to 16.5
Medium and large truck - over 16.5
Farm tractor tires
Construction, heavy equipment type
Tire pieces (cut, shredded, etc.)
Section 5. Collection and Enforcement
A. Improved Real Property: The fee imposed by the
Ordinance upon owners of all improved property who
benefit from the availability of the facility
shall be billed with property taxes pursuant to
N.C.G.S. S 153A-293 and shall be payable in
the same manner as property taxes; provided,
however, that in the event of nonpayment, said fee
shall be collected in any manner in which
delinquent personal or real property taxes can be
collected and that until paid, the fees imposed
shall constitute a lien on the real property
described on the bill that includes the fee. In
conjunction with, and in the same manner as used
for billing owners for property taxes, the Harnett
County Tax Administrator shall bill owners who are
not otherwise subject to taxation for the
availability fees imposed by this Ordinance.
B. Commercial, Municipal, and Industrial Users: As a
condition for the disposition of solid waste of
all kinds by commercial, municipal, and industrial
users at the facility, the users of said
facilities shall run an account approved by the
Finance Officer of Harnett County, which account
shall be payable in full on'a monthly basis. In
the event of nonpayment of t~e monthly account,
the privilege of the use of the facility may be
suspended. Until the account is fully paid, the
suspension, as herein provided, may remain in full
force and effect.
Section 6. Residential Solid Waste Sticker
The owners of improved property shall be supplied by
Harnett County with one sticker per unit, which shall be
displayed above the state inspection sticker on the
windshield of the vehicle being used for disposal purposes.
This will allow each res~dent to dispose of household
garbage at any county solid waste c~nvenience center or
landfill.
Section 7. Effective Date:
This Ordinance shall be effective as of July 1, 1992.
3rd day of August, 1992.
HARNETT COUNTY BOARD OF COMMISSIONERS
NORTH CAROLINA
HARNETT COUNTY
On this --3 day of {d~ ' , 1992,
personally appeared before me,(a Notary Public in and for
said State and County, Lloyd G. Stewart, who, being by me
duly sworn, says that he is Chairman of the Board of
Commissioners of Harnett County, and that Vanessa W. Young
726
is the Clerk of said Board, that the seal affixed to the
foregoing and attested instrument is the seal of Harnett
County, North Carolina, and that said instrument was signed
by him as Chairman of the Board of Commissioners of said
County and by the Clerk of said Board, who affixed the
official seal of Harnett County to said instrument; and that
the said Lloyd G. Stewart, Chairman of the Board of
Commissioners, acknowledged said instrument to be the act
and deed of Harnett County, North Carolina.
of
~itness my hand and notarial seal, this
t/!.ltp-l if , 1992.
My Commission Expires:
II) - ()Ij.. - 951-
(N.P. Seal)
Nvrth Carolina - Harnett County Il
foregoing certificate(s) of p. r.J-- /.
. b~) f\- ( ((1 e:TI .(A
Notal')' Public (Notaries Public) is/arc p.rtlfie~ to .
comx:t. This instrument was pr~e':)t!ted tor reglstrtll;lOn" ) d-
and ~ \" this ol?f. at Boo '7 c; pa~1Jb- 3/,
Ihis:t!da"fOf t.J1.l@J.S .l~
~'.~?' o'cIock~M. n . "
~t r.lPtdP.d.,-,a.. ;JLud/. C.
ft er of Deeds -..MWt. DePUtb) -.9Lt10