03151993
__________________n_____
84
HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, ~~RCH 15, 1993
The Harnett County Board of Commissioners met in regular session on
Monday, March 15, 1993, in the Commissioners' Meeting Room, County
Office building, Lillington, North Carolina. I
Members present: H. L. Sorrell, Jr., Chairman
Beatrice Bailey Hill, Vice-Chairman
Dan B. Andrews
Joseph T. Bowden
Walt Titchener
Others present: Neil Emory, County Manager
Tony Wilder, Assistant County Manager
Dwight W. Snow, County Attorney
Vanessa W. Young, Finance Officer & Clerk to the Board
Kay S. Blanchard, Recording Secretary
Chairman Sorrell called the meeting to order at 7 p.m. and Commissioner
Hill offered the invocation.
ITEMS ADDED TO AGENDA Commissioner Andrews moved that two items be added to the published
agenda: a request for proposed development of a contract for Bunnlevel
Fire District, and a proposed resolution recognizing Dr. Norman A.
Wiggins. Commissioner Hill seconded the motion and it passed with a
unanimous vote.
Upon motion made by Commissioner Bowden and seconded by Commissioner
Andrews, the Board voted unanimously to approve the following items from
the Consent Agenda:
CONSENT AGENDA: MINUTES: Regular Meeting, March 1, 1993
BUDGET AMENDMENTS:
Capital Reserve
Code 71-9811-1560 Transfer to Governmental I
Complex 11,900. increase
Revenue: 71-3990-000 Fund Balance Appropriated 11,900. increase
Reqister of Deeds
Code 10-4800-074 Capital Outlay Equipment 2,320. increase
10-4800-012 Printing & Binding 2,320. decrease
Board of Elections
Code 10-4300-011 Telephone & Postage 950. increase
Revenue: 10-3990-000 Fund Balance Appropriated 950. increase
Transportation
Code 10-5551-074 Capital Outlay Equipment 1,563. increase
10-5551-017 Maintenance & Repair 500. increase
Revenue: 10-3480-067 Transportation 2,063. increase
Anderson Creek Senior Center (Capital Reserve)
Code 61-9050-001 Construction 600. increase
Revenue: 61-3290-000 Interest on Investments 600. increase
Health
Code 10-7600-002 Salaries & Wages 3,729. increase
10-7600-005 FICA Tax Expense 286. increase
10-7600-006 Group Insurance Expense 624. increase
10-7600-007 Retirement Expense 187. increase
10-7600-011 Telephone & Postage 1,000. increase
10-7600-016 Maintenance & Repair 300. increase
10-7600-025 Books & Publications 2,072. increase
10-7600-033 Materials & Supplies 4,327. increase
10-7600-036 Uniforms 200. increase
10-7600-046 Medical supplies & Drugs 200. increase I
10-7600-074 Capital Outlay Equipment 1,723. increase
Revenue: 10-3480-019 WIC Program 14,648. increase
Health Department
Code 10-7600-0450 Contracted Services 55,000. increase
Revenue: 10-3480-017 Home Health 55,000. increase
Social Services
Code 10-7710-1500 CP&L Project Share 4,933. decrease
Revenue: 10-3480-0010 Social Services-Admin. 4,933. decrease
<'~ ' i;f f; - -------.--- -'-'-~- -~-_._----_.~--_._-,..---~"---,-,,
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Sheriff's Department
Code 10-5100-027 Drug Program 15,000. increase
10-5110-003 Salaries & Wages -
Part-time 17,000. increase
10-5120-003 Salaries & Wages -
Part-time 39,000. increase
10-5120-046 Medical Supplies & Drugs 28,000. increase
10-5100-002 Salaries & Wages 35,000. decrease
10-5100-0021 Overtime Pay 5,000. decrease
I 10-5110-0021 Overtime Pay 28,000. decrease
10-5110-074 Capital Outlay Equipment 5,000. decrease
10-5120-0021 Overtime Pay 12,000. decrease
Revenue: 10-3990-000 Fund Balance Appropriated 13,300. increase
Public Utilities (Buies Creek-Coats Sewer)
Code 33-9002-074 Capital Outlay Equipment 11,760. increase
33-9002-073 Capital Outlay-Other Improv. 11,760. decrease
PROJECT ORDINANCE: Governmental Complex Project Ordinance is copied
in full at the end of these minutes as Attachment 1.
APPOINTMENT APPOINTMENT: C. T. Thomas to Town of Lillington's Zoning Board of
Adjustment representing extra-territorial planning area
PROPOSED APPOINTMENT: (which will be considered by the Board at the
April 5, 1993 meeting)
1. John Moore, Angier, to Harnett County Emergency Services Council.
Informal comments were provided by the following citizens:
1. Carolyn Brown, Taxpayers Association - protests dry tap policy,
also requested that if an issue oriqinates at a niqht Board
meeting, then action be taken on that issue at a night meeting.
2. Tom Cooley, Lillington - comments concerning budget report
3. Royce Collins, Rt. 2, Fuquay-Varina - dry tap policy
4. Ellis Reagan, Northern area of County - dry tap policy
5. Paulette West, Taxpayers Association - dry tap policy
CYPRESS CREEK CHURCH Ted McCormick, representing a group of citizens from Western Harnett
AREA GROUP REQUEST TO County, briefed the Board on the group's request for the Cypress Church
I. BE ANNEXED INTO MOORE area in Johnsonville Township to be annexed into Moore County. Mr.
COUNTY McCormick asked that the Board of Commissioners support their endeavor
and requested a reply within four to six weeks. Other citizens
providing comments were Bobby Mitchell, Stacy Linkletter, Alden Taylor,
and Lawrence Buie.
Lee Sudia, Fire Marshal, presented the Emergency Services Response
Report for Harnett County for the Year of 1992, to the Board.
BRIEFING ON CIRCLE V Lee Sudia, Fire Marshal, briefed the Board on the proposed extension of
FIRE DEPT. SERVICE DIST. the Circle V Fire Department service district to a 5-mile radius.
Commissioner Titchener made a motion that the Board support the proposed
extension of the fire service district and directed the fire marshal to
develop appropriate resolutions to be considered at a future meeting.
Commissioner Bowden seconded the motion and it passed with a unanimous
vote.
BUNNLEVEL FIRE DEPT. Lee Sudia, Fire Marshal, presented a request from the Bunnlevel Fire
CONTRACT Department that a contract be developed between Harnett County and the
Bunnlevel Fire Department for fire protection service for the Bunnlevel
Fire District. Commissioner Andrews moved for approval of the request.
Commissioner Bowden seconded the motion and it passed with a unanimous
vote.
LEGISLATION WHICH John Shaw, Chairman, Economic Development Commission, briefed the Board
WOULD AFFECT EDC on proposed legislation which would allow local government's flexibility
in assisting industries in acquiring real property. Commissioner
Bowden moved for support of the proposed legislation. Commissioner
Titchener seconded the motion and it passed with a unanimous vote.
LIGHTING AT BARBEQUE Steve McNeil, President, Western Harnett Recreation, briefed the Board
PARK on award of $18,000 grant from the Coca-Cola -- Homers For America
I program for installation of lighting on the ball field at Barbecue
Park.
Wanda Gravitt, Taxpayer, requested release of late listing penalty
WANDA GRAVITT- REQUEST assessed on her property. The request was reviewed by the Tax
OF LATE LISTING PENALTY Department and denied. Commissioner Bowden moved for release and refund
of the late listing penalty in the amount of $41.28. Commissioner Hill
seconded the motion and it passed with a unanimous vote.
SCHEDULE FOR E & R Bobby Wicker, Tax Administrator, presented proposed schedule for the
Board of Equalization and Review to hear and review appeals of 1993 tax
listings and valuations. Commissioner Andrews moved for approval of
schedule as presented. Commissioner Bowden seconded the motion and
it passed with the following vote: Ayes: 4, Noes: 1, Absent: 0
86
OATHS OF OFFICE FOR
BOARD OF E & R Vanessa W. Young, Clerk to the Board, administered Board of Equalization
and Review oaths of office to all the commissioners.
George Jackson, Planning Director, presented for the Board's I
SUBDIVISION PLAT FOR consideration a major final subdivision plat of Overhills Creek
OVERHILLS CREEK, SEC. I Subdivision, Section I, owner: Kenneth H. Suggs, 16 lots located on
SR 1120 in Anderson Creek Township, 7.64 acres unzoned. Commissioner
Andrews moved for approval of the subdivision plat. Commissioner
Bowden seconded the motion and it passed with a unanimous vote.
PRIVATE ROAD NAME: George Jackson, Planning Director, presented a private road name
KNIGHT ESTATES CIRCLE request from Luevenia Wiggins, a private road located in Knight
Estates Subdivision off SR 1403, Cokesbury Road in Buckhorn Township.
Requested name: Knight Estates Circle. Commissioner Hill moved for
approval of the private road name request. Commissioner Bowden
seconded the motion and it passed with a unanimous vote.
James Osborne, Vice-Chairman, Southwest Water and Sewer District
SOUTHWEST W & S REQUEST Board of Directors, presented a request for preliminary engineering
FOR PRELIMINARY ENGIN. stury for the Southwest Water and Sewer District. Commissioner Bowden
STUDY moved for approval of the request. Commissioner Andrews seconded the
motion and it passed with a unanimous vote.
WATER SUPPLY PLAN Rodney Tart, Public Utilities Director, briefed the Board on a proposed
Water Supply Plan for Harnett County which is required by the Division
of Water Resources section of the North Carolina Department of
Environment, Health and Natural Resources. Commissioner Bowden moved
for approval of the Water Supply Plan with an amendment to delete any
reference to political differences. Commissioner Andrews seconded the
motion and it passed with a unanimous vote.
BUIES CREEK-COATS Chairman Sorrell called to order a meeting of the Board sitting in its
W & S MEETING 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 I
Board's consideration proposed proceedings regarding refinancing of the
sewer bonds of the Buies Creek-Coats Water and Sewer District including
a proposed "Bond Order Authorizing the Issuance of $2,000,000 Sanitary
Sewer Refunding Bonds of Buies Creek-Coats Water and Sewer District of
Harnett County". Commissioner Titchener moved for approval of the
proceedings as presented by Mr. Phelps. Commissioner Bowden seconded
the motion and it passed with a unanimous vote. The bond order is
copied in full at the end of these minutes as Attachment 2.
BUIES CREEK-COATS MTG.
ADJOURNED Chairman Sorrell adjourned the meeting of the Board sitting in its
capacity as the governing body of the Buies Creek-Coats Water and Sewer
District of Harnett County.
PURCHASE CONTRACT WITH John M. Phelps, II, Public Utilities Attorney, presented for the
EAST CENTRAL W & S Board's consideration proposed Resolution Authorizing Execution of
Water Purchase Contract with East Central Water and Sewer District of
Harnett County. Commissioner Andrews moved for adoption of the
resolution. Commissioner Bowden seconded the motion and it passed with
a unanimous vote. The resolution is copied in full at the end of these
minutes as Attachment 3.
~~NAGEMENT CONTRACT WITH John M. Phelps, II, Public Utilities Attorney, presented for the
EAST CENTRAL W & S Board's consideration proposed Resolution Authorizing Execution of
Management Contract with East Central Water and Sewer District of
Har~ett County. Commissioner Andrews moved for adoption of the
resolution. Commissioner Bowden seconded the motion and it passed with
a u3animous vote. The resolution is copied in full at the end of these
~i~.,tes as Attachment 4.
EAST CENTAL W & S MTG. Cha~rman Sorrell called to order a meeting of the Board sitting in its I
capacity as governing body of East Central Water and Sewer District
of Harnett County.
WATER PURCHASE CONTRACT John M. Phelps, II, Public Utilities Attorney, presented for the
Board's consideration a Resolution Authorizing Execution of Water
Purchase Contract with the County of Harnett. Commissioner Andrews
moved for adoption of the resolution. Commissioner Bowden seconded the
motion and it passed with a unanimous vote. The resolution is copied
in full at the end of these minutes as Attachment 5.
MANAGEMENT CONTRACT John M. Phelps, II, Public Utilities Attorney, presented for the
Board's consideration a Resolution Authorizing Execution of Management
Contract with Harnett County. Commissioner Bowden moved for adoption
of the resolution. Commissioner Andrews seconded the motion and it
passed with a unanimous vote. The resolution ~s coried in full at the
end of these minutes as Attachment 6.
----
. -:'7::~T""~~j,:;;.-'-------------- 'lI"'I;..... ~:vI:~,F- {;-iF-; . . --------,-----
. - 87
EAST CENTRAL MTG. ~DJOURNED Chairman Sorrell adjourned the meeting of the Board sitting in its
capacity as governing body of East Central Water and Sewer District
of Harnett County.
SOUTHEAST W & S MEETING Chairman Sorrell called to order a meeting of the Board sitting in its
capacity as governing body of Southeast Water and Sewer District of
I Harnett County.
John M. Phelps, II, Public Utilities Attorney, presented for the
RESOLUTION RE: SALE Board's consideration a resolution authorizing the sale and issuance of
& ISSUANCE OP BONDS water bond anticipation notes. Commissioner Titchener moved for
adoption of the resolution. Commissioner Bowden 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.
AMENDMENT TO PUBLIC Neil Emory, County Manager, briefed the Board on proposed amendment to
RECORDS LAW the Public Records Law which would require local governments to provide
public documents at cost. Commissioner Andrews moved that the Board
go on record as opposing such an amendment and request that our
legislators oppose the amendment. Commissioner Bowden seconded the
motion and it passed with a unanimous vote.
MANAGER'S REPORT Neil Emory, County Manager, reported that he had visited with citizens
in the Cypress Creek Church area to discuss their concerns with
services in Harnett County and that he also had had contact with the
Moore County Manager concerning request from the group to be annexed
into Moore County.
Departmental reports were filed with the Board from the Sheriff's
Department, Planning/Inspections/Housing, Emergency Medical Services,
and the Fire Marshal's Office. Report of Intra-Departmental Budget
Amendments and the Tax Attorney's Report were also filed with the Board
and are copied in full at the end of these minutes as Attachment 8 and
Attachment 9.
RESOLUTION FOR Commissioner Titchener moved for adoption of a resolution recognizing
DR. NORMAN WIGGINS Dr. Norman Wiggins, President, Campbell University, for his twenty-five
I years of service to Campbell University. Commissioner Andrews seconded
the motion and it passed with a unanimous vote. The resolution is
copied in full at the end of these minutes as Attachment 10.
Commissioner Bowden moved that the Board go into executive session to
discuss personnel matters. Commissioner Andrews seconded the motion and
it passed with a unanimous vote.
Commissioner Hill moved that the Board come out of executive session.
Commissioner Titchener seconded the motion and it passed with a
unanimous vote.
HOLIDAY TRAILER PARK Dwight W. Snow, County Attorney, briefed the Board on a consent
CONSENT JUDGEMENT judgement regarding the Holiday Trailer Park . The consent judgement
is copied in full at the end of these minutes as Attachment 11.
ADJOURNMENT There being no further business, Commissioner Bowden moved that the
regular meeting of the Harnett County Board of Commissioners, March 15,
1993, adjourn. The meeting adjourned at 10:35 p.m.
~~~~an
~~'i~
Vanessa W. Young Cler
i ~ -- I. 1ifflA/.f)UVLrl.
I Kay S Blanchard, Recording Sec.
88
Attachment 1.
COUNTY OF HARNETT
GOVERNMENTAL COMPLEX PROJECT ORDINANCE I
BE IT ORDAINED by the Board of Commissioners of the County of
Harnett:
Section 1. WHEREAS, the County occupies or provides space
for approximately 40 departments in 38 different facilities
throughout the County; and
WHEREAS, these functions occupy roughly 200,000 square feet
of space currently; and
WHEREAS, of the total space occupied by the County currently,
90% is owned, and 10% is rental property; and
WHEREAS, the County employs approximately 570 individuals with
projections for the year 2010 showing 1100 employees; and
WHEREAS, projections show the actual current space needs to
be 400,000 square feet and in the year 2010 the space needs to be
600,000 square feet; and
WHEREAS, the County desires a highly functional, long-term
Government Center which is a well planned, mixed-used complex of
governmental, industrial and recreational uses.
Section 2. The fOllowing amounts are hereby appropriated I
as revenues for the project:
Appropriated from Capital Reserve $11. 900.
Total $11,900.
Section 3. The following amounts are hereby appropriated
as expenditures for this project:
Legal & Administration $11. 900.
Total $11,900.
Duly adopted this 15th day of March 1993.
,
~t:~~~:<hairman
Harnett County oard of Commissioners
ATTEST:
IC~ 'iJJ. ~/ I
Vanessa W. Young, Cl. k
Harnett County Board of Commissioners
.~._..- -_._-----
. - 89
Attachment 2.
EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS,
SITTING AS THE GOVERNING BODY OF BUIES CREEK - COATS
WATER AND SEWER DISTRICT
I Commissioner Titchener introduced the following bond
order which was read at length:
"BOND ORDER AUTHORIZING THE ISSUANCE OF
$2,000,000 SANITARY SEWER REFUNDING BONDS OF
BUIES CREEK - COATS WATER AND SEWER DISTRICT
OF HARNETT COUNTY"
- - - - - -
WHEREAS, the Buies Creek - Coats Water and Sewer
District of Harnett county has issued Sanitary Sewer Bonds,
dated June 1, 1984; and
WHEREAS, $1,727,000 of such bonds are outstanding
(the "outstanding Bonds"); and
I WHEREAS, 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, deems it advisable
to refund the outstanding Bonds pursuant to and in accordance
with The Local Government Finance Act; and
WHEREAS, an application has been filed with the
Secretary of the Local Government Commission of North Carolina
requesting Commission approval of the Bonds hereinafter
described as required by The Local Government Finance Act, and
the Secretary of the Local Government Commission has notified
the Board that the application has been accepted for submission
to the Local Government commission; NOW, THEREFORE,
BE IT ORDERED 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 (the
"District"), as follows:
I section 1. 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, has
ascertained and hereby determines that it is advisable to
refund the outstanding Bonds.
Section 2. In order to raise the money required to
refund the outstanding Bonds as set forth above, in addition to
90
any funds which may be made available for such purpose from any
other source, bonds of Buies Creek - Coats Water and Sewer
District of Harnett county are hereby authorized and shall be
issued pursuant to The Local Government Finance Act of North
Carolina. The maximum aggregate principal amount of bonds I
authorized by this bond order shall be $2,000,000.
Section 3. A District tax sufficient to pay the
principal of and interest on said bonds when due shall be
annually levied and collected.
Section 4. A sworn statement of the District's debt
has been filed with the Clerk of the Board of Commissioners of
the County of Harnett and of the District and is open to public
inspection.
Section 5. This bond order shall take effect upon
its adoption.
Commissioner Titchener moved the adoption of the following
resolution:
WHEREAS, the bond order entitled, "BOND ORDER
AUTHORIZING THE ISSUANCE OF $2,000,000 SANITARY SEWER REFUNDING
BONDS OF BUIES CREEK - COATS WATER AND SEWER DISTRICT OF
HARNETT COUNTY," has been introduced at the meeting of the I
Board of Commissioners of the County of Harnett, sitting as the
governing body of Buies Creek - Coats Water and Sewer District
of Harnett County, held on March 15, 1993 and 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, desires to provide for the holding of a
public hearing thereon and the submission of a statement of
debt in connection therewith as required by The Local
Government Bond Act; 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, as follows:
(1) The public hearing upon said bond order shall be
held on the 5th day of April, 1993 at 9 o'clock ~.M. , at
County Office Bldg. 102 E. Front St. in Lillington, North Carolina. I
,
(2) The Clerk of the Board of Commissioners of the
County of Harnett and of Buies Creek - Coats Water and Sewer
District of Harnett County is hereby directed to cause a copy
of the bond order to be published with a not1ce of such hearing
in the form prescribed by law in a qualified newspaper no fewer
than six days prior to such public hearing.
I
~_..~~"._-----"
. . 91
(3) The District's Finance Officer is hereby
directed to file with the Clerk of the Board of Commissioners
I of the County of Harnett and of Buies Creek - Coats Water and
Sewer District of Harnett County prior to publication of the
bond order with the notice of such public hearing, a statement
setting forth the debt incurred or to be incurred, the
appraised value of property subject to taxation by the District
and the net debt of the District.
The motion was seconded by Commissioner Bowden
and was adopted by the following vote:
AYES: 5
NAYS: 0
Attachment 3.
RESOLUTION AUTHORIZING EXECUTION OF
WATER PURCHASE CONTRACT WITH
I EAST CENTRAL WATER AND SEWER DISTRICT
OF HARNETT COUNTY
WHEREAS, the Harnett County Board of Commissioners has
examined the Water Purchase Contract between the County of Harnett
(hereinafter "County"), and the East Central We':er and Sewer
District of Harnett County (hereinafter "District") , a copy of
which is attached hereto as Exhibit "A"; and
WHEREAS, the County, as owner and operator of the water
production and water supply distribution systems described in said
Water Purchase Contract desires to enter into said contract as
provided;
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that:
1- Harnett County is hereby authorized to and shall enter
into the Water Purchase Contract attached hereto as Exhibit "A".
2. Harnett County and its officers and agents are hereby
directed to execute the originals of said Water Purchase Contract.
I Duly adopted this 15th day of March, 1993, upon motion made
by Commissioner Andrews seconded '"'.. Commissioner
,
Bowden and passed by the following vote:
Ayes 5 Noes 0 Absent 0
HARNETT COUNTY BOARD OF COMMISSIONERS
BY: B kJ7d/: L
~t!est: ). 7' ,/ I gu.. 11 ffi h'
H.L. 6rre " ., C alrman
P'
"Il~./ '-{{/. '-t h~
Vanessa W. Youn9'~iler to
the Board and of e District
---------------- ---- --------- ----- -------- ----------
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Exhibit A
NORTH CAROLINA
WATER PURCHASE CONTRACT
HARNETT COUNTY
THIS CONTRACT for the sale and purchase of water is entered I
into as of the 15th day of March, 1993, between the COUNTY OF
HARNETT, a body politic organized and existing under the laws of
the State of North Carolina (hereinafter the "Seller") and the EAST
CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, a county water
and sewer district organized and existing pursuan~ to the North
Carolina General Statutes (hereinafter the "Purchaser").
WIT N E SSE T H :
THAT WHEREAS, the Purchaser is organized and established,
among other things, for the purpose of constructing and operating
a water supply distribution system to serve water users within the
area comprising the District, and to accomplish this purpose, the
Purchaser will require a supply of treated water; and
WHEREAS, the Seller owns water production facilities and a
water supply distribution system which have a capacity currently
capable of serving the estimated number of water users to be served
by the Purchaser; and
WHEREAS, by Resolution entitled "Resolution Authorizing
Execution of Water Purchase Contract with the East Central Water
and Sewer District of Harnett County", duly adopted by the Harnett I
County Board of COffimissioners a~ its meeting on Ma~c~ 15, 1993, the
sale of said water to the Purchaser as provided herein was
approved, and the execution of this contract by Seller was duly
authorized; and
WHEREAS, by Resolution entitled "Resolution Authorizing
Execution of Water Purchase Contract with the County of Harnett"
duly adopted by the Harnett County Board of Commissioners, sitting
as the governing body of the East Central Water and Sewer District
of Harnett County, at its meeting on March 15, 1993 the purchase
of said water from the seller as provided herein was approved, and
the execution of this contract by Purchaser was duly authorized;
NOW, THEREFORE, in consideration of the foregoing and the
mutual agreements hereinafter set forth,
A. THE SELLER AGREES:
1. (Quality and Quantity) To furnish the Purchaser at the
point of delivery hereinafter specified, during eha term of this
contract or any renewal or extension thereof, potable treated water I
meeting applicable purity standards of the Division of Health
Services, Department of Human Resources of the State of North
Carolina, in such quantity as may be required by the Purchaser not
to exceed three hundred thousand (300,000) gallons per day.
2. (Point of Delivery and Pressure) That water will be
furnished at a reasonable constant pressure calculated at fifty
(50) pounds per square inch from those points of' connection as
shown upon the final plans and specifications for the Purchaser's
~.. - 93
water supply distribution system as approved by the Harnett County
Board of Commissioners. If a greater pressure than that normally
available at the points of delivery is required by the Purchaser,
the cost of providing such greater pressure shall be borne by the
Purchaser. Emergency failures of pressure or supply due to main
I supply line breaks, power failure, flood, fire and use of water to
fight fire, earthquake or other catastrophe shall excuse the Seller
from this provision for such reasonable period of time as may be
necessary to restore service.
3. (Metering Equipment) To furnish, install, operate, and
maintain at its own expense at the points of delivery, the
necessary metering equipment, including meter houses or pits, and
required devices of standard type for properly measuring the
quantity of water delivered to the Purchaser and to calibrate such
metering equipment whenever requested by the Purchaser 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 inac~uracy fDUnd by such tests. If any meter faJls 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
I Seller and Purchaser shall agree upon a different amount. The
metering equipment shall be read on the first day of each month.
An appropriate official of the Purchaser at all reasonable times
shall have access to the meter for the purpose of verifying its
readings.
4. (Billing Procedure) To furnish the Purchaser not later
than the fifth ( 5 ) day of each month~ with an itemized statement
of the amount of water furnished the Purchaser during the preceding
month.
B. THE PURCHASER AGREES:
1. (Rates and Payment Date) To pay the Se~ler, not later
than the tenth ( 10) day of each month, for water delivered in
accordance with the following schedule of rates:
a. Four thousand seven hundred twenty-five dollars
($4,725.00) for the first four million five hundred thousand
(4,500,000) gallons, which amount shall also be the minimum rate
per month.
b. One dollar and five cents ($1.05) per one thousand
(1000) gallons for water in excess of four million five hundred
I thousand (4,500,000) gallons.
c. It is agreed that the minimum rate per month as
stated in (a) above shall not be applicable until six ( 6 ) months
after the last notices for connection have been mailed to potential
water customers of the Purchaser by the Harnett County Department
of Public Utilities; and up to said time the minimum rate per month
becomes applicable, Purchaser shall pay only for such water as is
delivered to Purchaser at the rate of $1.01 (one Dollar and one
cent) per 1000 (one thousand) gallons.
94
2. (Connection Fee) To pay as an agreed cost, a connection
fee to connect the Seller's system with the system of the
Purchaser, a sum equal to the amount of the cost of the
installation of the meters, meter vaults and related appurtenances
and the cost of the laying and installation of the necessary
pipelines to connect the system of the Seller to the system of the
Purchaser at the boundaries of the East Central Water and Sewer I
District.
C. It is further mutually agreed between the Seller and tne
Purchaser as follows:
l. (Term of Contract) That this contract shall extend for
a term of forty (40) years from the date of the initial delivery
of any water as shown by the first bill submitted by the Seller to
the Purchaser and, thereafter may be renewed or extended for such
term, or terms, as may be agreed upon by the Seller and Purchaser.
2. (Delivery of Water) That thirty (30) days prior to the
estimated date of completion of coneltruction of 'I..ne Purchaser's
water supply distribution system, the Purchaser '^' 1. 11 notify the
Seller in writing the date for the initial delivery of water.
3. (Water for Testing) When requested by the Purchaser, the
Seller will make available to the contractor at the points of
delivery, or other points reasonably close thereto, water
sufficient for testing, flushing, and trench filling the system of
He Purchaser during construction, irrespective of whether the
metering equipment has been insta lled at that time, at a flat
charge of one dollar and five cents ($1.05) per one thousand (1000) I
gallons which will be paid by the contractor or, on his failure to
pay, by the Purchaser.
4. (Failure to Deliver) That the Seller will, at all times,
operate and maintain its system in an efficient manner and will
take such action as may be necessary to furnish the Purchaser with
quantities of water required by the Purchaser. Temporary or
partial failures to deliver water shall be rem~died with all
possible dispatch. In the event of an extended shortage of water,
or the supply of water available to the Seller is otherwise
diminished over an extended period of time, the supply of water to
Purchaser's consumers shall be reduced or diminished in the same
ratio or proportion as the supply to S~ller's consumers is reduced
or diminished.
5. (Modification of Contract) That the provisions of this
contract pertaining to the schedule of rates to be paid by the
Purchaser for water delivered are subject to modification at the
end of everyone ( 1 ) year period. 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 I
increased capitalization of the Seller's water distribution system
except as such costs relate directly 'to increasing the capacity of
services to the Purchaser. Such costs may i~:~ude increased
capitalization of the Seller's water production fc..,:ility system.
Other provisions of this contract may be modified or altered by
mutual agreement.
6. (Future Water Transmission and Connection) In the event
Seller elects to supply and sell water to any customers or other
~------- -----.---~ --.-..
95
water distribution systems located outside of the boundaries of the
East Central Water and Sewer District of Harnett County and desire
to do so by connecting to and transporting water through the water
distribution system of Purchaser, it is agreed that Seller may, at
no cost to it, connect to and transport water through the water
distribution system of Purchaser for the purpose of supplying and
I selling water to customers or other water distribution systems
outside of the East Central Water and Sewer District, whether
within the County of Harnett or otherwise. In the event Seller
should elect to supply and sell water as state... nerein, Seller
shall cause a meter to be installed at the connecticli point and the
cost thereof shall not borne by Purchaser.
7. (Regulatory Agencies) That this contract is subject to
such rules, regulations, or laws as ~ay be applicable to similar
agreements in this State and the Seller and Purchaser will
collaborate in obtaining such permits, certificates, or the like,
as may be required to comply therewith.
8. (Miscellaneous) That the construction of the water
supply distribution system by the Purchaser is being financed by
a loan made or insured by, and/or a grant from the United States
of America, acting through the Farmers Home Administration of the
United States Department of Agriculture, and the provisions hereof
pertaining to the undertakings of the Purchaser are conditioned
upon the approval, in writing, of the Farmers Home Administration.
9. (Successor to the Purchaser) That in event of any
I occurrence rendering the Purchaser incapable of p~rforming under
this contract, any successor of the Purchaser, whelher the result
of legal process, assignment, or otherwise, shall succeed to the
rights of the Purchaser hereunder.
IN WITNESS WHEREOF, the parties hereto, acting under authority
of their respective governing bodies, have caused this contract to
be duly executed in duplicate counterparts, each of which shall
constitute an original.
COUNTY OF HARNETT
By:
H.L. Sorrell, Jr. , Chairman
Harnett County Board
of Commissioners
(SEAL)
ATTEST:
Vanessa W. Young, Clerk
to the Board
EAST CENTRAL WATER At;D SEWER
DISTRICT OF HARNETT COUNTY
By:
H.L. Sorrell, Jr. , Chairman
I of the Harnett County Board
of Commissioners sitting as
the governing body of the
East Central Water and Sewer
(SEAL) District of Harnett County
ATTEST:
Vanessa W. Young, Clerk
to the Board and of the
District
This contract is approved on behalf of the Farmers Home
Administration this day of , 19
-
By:
Title:
- - ---- .--- --
96
Attachment 4.
RESOLUTION AUTHORIZING EXECUTION OF
MANAGEMENT CONTRACT WITH
EAST CENTRAL WATER AND SEWER DISTRICT
OF HARNETT COUNTY
WHEREAS, the Harnett County Board of Commissioners has I
examined the Management Contract between the County of Harnett
(hereinafter "County" ) and the East Central Water and Sewer
District of Harnett County, a copy of which is attached hereto as
Exhibit "A"; and
WHEREAS, the Board desires for the County to enter into said
contract as provided;
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that:
1. Harnett County is hereby authorized to and shall enter
into the Management Contract attached hereto as Exhibit "A".
2. The appropriate officers of said Harnett County are
hereby directed to execute the original of said Management
Contract.
Duly adopted this 15th day of March, 1993, upon motion made
by Commissioner Andrews seconded by Commissioner
,
Bowden and passed by the following vote:
Ayes 5 Noes 0 Absent 0
HARNET~ZD OF COMMISSIONERS I
BY: @ _~L//L ,
At,rt: / ~H. . S6rrell, ~, Chairman
L O-""-~^'<'~ '-UJ. '--( "Iu..~
Vanessa W. Young, Clerk to
the Board
Exhibit A
NORTH CAROLINA
MANAGEMENT CONTRACT
HARNETT COUNTY
THIS CONTRACT, made and entered into as of the 15th day of
March, 1993, by and between the COUNTY OF HARNETT, a body politic
organized and existing under the laws of the State of North
Carolina (hereinafter called "County") and the EAST CENTRAL WATER
AND SEWER DISTRICT OF HARNETT COUNTY, a municipal corporation
organized and existing pursuant to the provisions of Article 6,
Chapter 162A of the North Carolina General Statutes (hereinafter
called "District");
WIT N E SSE T H: I
THAT WHEREAS, the County is owner and oper"a1 or of a water
production system and a water supply distribution system; and
WHEREAS, County as operator of said systems has created a
Public Utility Department which conducts the operation of said
systems; and
WHEREAS, the District was organized and established for the
purpose of constructing and operating a water s~pply distribution
system to serve water users within the District; and
--..---- -----~-
97
WHEREAS, the Farmers Home Administration of the United States
Department of Agriculture has agreed to loan the District
sufficient funds to enable the District to finance the construction
of said water supply distribution system; and
WHEREAS, the County's Public Utility Department is fully
I capable to conduct the operation and management of the water supply
distribution system of the District; and
WHEREAS, the County and the District have agr,ei to enter into
this contract for the operation and management of the water supply
distribution system of the District as a County operated system on
a continuing basis and especially for and during the period of the
existence of the Farmers Home Administration loan to the District.
NOW, THEREFORE, the parties do contract and agree each with
the other as follows:
1- That the District's water distribution supply system
referred to above shall be operated and managed by the County's
Public Utility Department as a County operated water distribution
system on a continuing basis and especially for a ;-riod beginning
as of the execution of this contract and exte!:"d ". ng until that
certain loan referred to above made by the Farmers Home
Administration to the District has been paid in full, being a
period of at least forty (40) years.
2. That the Harnett County Board of Commissioners, sitting
I in the capacity as the governing body of County and/or as the
governing body of the District, shall establish and set the rates
of charges for the purchase of water and for such other fees,
charges, and penalties as required for the operation of the water
distribution system, with proper cost accounting procedures to
appropriately reflect the cost of these facilities operated by the
County Public Utility Department relative to the operation of other
utility enterprises which are or may be carried on by the County
Public Utility Department. Further, the Harnett County Board of
Commissioners, in the capacities stated above, &.1< II charge such
rates for the users of said water distribution 3ystem as will
appropriately yield sufficient funds to meet operation and
maintenance expenses and to pay and retire the long term debt of
the District to the Farmers Home Administration.
3. This contract shall be a continuing contract relative to
the furnishing of the essential water utility services for the
people of the District and this contract shall exist and continue
until the District and the County shall mutually modify or
terminate this contractual arrangement.
I 4. That the Harnett County Board of Commissioners agrees to
create an Advisory Council to lend assistance with input and advice
as to the operation and maintenance of the aforesaid water
distribution systeM by the Harnett County Board of Commissioners
as the governing body of said District.
S. That the County shall be entitled to fU:ld or cause to be
funded the construction of any water line to be cunnected to the
District's system as an extension within or without the boundaries
-----_._-----~
98
of the District for the purpose of serving needy users with water
utility services as the same shall be determined by the Harnett
County Board of Commissicilers and that the rates chargeable to such
persons (users) shall be equitably set to properly reflect cost of
operations and maintenance of water production and supply and I
further that in the event it shali become necessary for the
District to levy a tax for the purpose of funding bonded
indebtedness of the District then in such event such rates of any
person (user) outside the boundaries of the District shall be
charged a greater user fee (rate) as will be equivalent to such
needed property tax as may be levied; provided, if a tax levy is
made, then such user charge for out-of-district users shall not be
less than 150% of the user charge of users of the District. It is
understood and agreed that the District shall h8P- no obligation
to extend its water lines outside of the District" boundaries.
6. That the County will manage.~nd operate the water supply
distribution. system on an annual budget with the setting of rates
on an annual basis as approved by the District's governing body
with proper input and advice from the Advisory Council, which
budget shall provide and set forth the handling of the funds such
that a reserve fund, depreciation fund, debt payment fund, and
s~rplus fund for the District shall be "distinguishable, and further
that the County shall maintain a system of accounts for the County
Utility Department which will appropriately account for the various I
operations of the Utility Department, specifically so that all
costs relative to the operation of the water supply distribution
system will be separately stated; the County shall further maintain
insurance and bonds as required by state law and that the County
shall properly contract with a certified publi.. r.\ccountant for
annual audits of the Utility Department and that fUI~her the County
shall comply with all federal, state and local laws and regulations
relative to the operation of the water supply distribution system.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed as authorized by the Harnett County Board
of Commissioners sittjng as the governing body of the County and
t~e District, all as of the day and year first above written.
COUNTY OF HARNETT
By:
H.L. Sorrell, Jr. , Chairman
Harnett County Board of
Commissioners
ATTEST:
Vanessa W. Young, Clerk I
EAST CENTRAL WATER AND SEWER
DISTRICT OF HARNETT COUNTY
By:
H.L. Sorrell, Jr. , '"hairman
Harnett County Bo~r( of
Commissioners, sittJ.ng as the
governing body of the East
Central Water and Sewer
District of Harnett County
ATTEST:
Vs.nessa W. Young, Clerk to the
Board and of the East Central
Water and Sewer District of
Harnett County
----
~,."",.,~~ "7''''-:'''''- ,..".--..,'...........~"f"r"-... - ------- ---_.._~-- __~r'_
99
Attachment 5.
RESOLUTION AUTHORIZING EXECUTION OF
WATER PURCHASE CONTRACT WITH
THE COUNTY OF HARNETT
WHEREAS, the Harnett County Board of Commissioners, sitting
I as the governing body of the East Central Water and Sewer District
of Harnett County (hereinafter "District"), has examined the Water
Purchase Contract between the County of Harnett (hereinafter
"County") and the District, a copy of which is attached hereto as
Exhibit "A"; and
WHEREAS, District is in need of treated water for its
customers as fully described in said Water Purchase Contract and
desires to enter into said contract as provided;
,
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners, sitting as the governing body of the East Central
Water and Sewer District of Harnett County, that:
1. The East Central Water and Sewer District of Harnett
County is hereby authorized to and shall enter into the Water
Purchase Contract attached hereto as Exhibit "A".
2. The East Central Water and Sewer District of Harnett
County and its officers and agents are hereby directed to execute
the originals of said Water Purchase Contract.
Duly adopted this 15th day of March, 1993, upon motion made
by Commissioner Andrews , seconded by Commissioner
I Bowden and passed by the following vote:
Ayes 5 Noes 0 Absent 0
HARNETT COUNTY BOARD OF COMMISSIONERS
sitting as the governing body of the
EAST CENTRAL WATER AND SEWER DISTRICT
OF HAg.2TY /'
BY: A, . LYft"4.
A!st: / H. L.' Sorrel}', Jr., Chairman
~ . 1 ~
1 "-'VI 1.<1 A.A / \..{)J . ~ ~A"'(""i /" ,/
Vanessa W. Young, lerk ~o
the Board and of t e District
Exhibit A
NORTH CAROLINA
WATER PURCHASE CONTRACT
HARNETT COUNTY
THIS CONTRACT for the sale and purchase of water is entered
into as of the 15th day of March, 1993, between the COUNTY OF
HARNETT, a body politic organized and existing under the laws of
I the State of North Carolina (hereinafter the "Seller") and the EAST
CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, a county water
and sewer district organized and existing pursuant to the North
Carolina General Statutes (hereinafter the "Purchaser").
WIT N E SSE T H :
THAT WHEREAS, the Purchaser is organized and established,
among other things, for the purpose of constructing and operating
a water supply distribution system to serve water users within the
area comprising the District, and to accomplish this purpose, the
Purchaser will require a supply of treated water; and
100
WHEREAS, the Seller owns water production facilities and a
water supply distribution system which have a capacity currently
capable of serving the estimated number of water users to be served
by the Purchaser; and
WHEREAS, by Resolution entitled "Resolution Authorizing
Execution of Water Purchase Contract with the East Central Water
and Sewer District of Harnett County", duly adopted by the Harnett
County Board of COffimissioners a~ its meeting on M8~c~ 15, 1993, the I
sale of said water to the Purchaser as provided herein was
approved, and the execution of this contract by Seller was duly
authorized; and
WHEREAS, by Resolution entitled "Resolution Authorizing
Execution of Water Purchase Contract with the County of Harnett"
duly adopted by the Harnett County Board of Commissioners, sitting
as the. governing body of the East Central Water and Sewer District
of Harnett County, at its meeting on March 15, 1993 the purchase
of said water from the seller as provided herein was approved, and
the execution of this contract by Purchaser was duly authorized;
NOW, THEREFORE, in consideration of the foregoing and the
mutual agreements hereinafter set forth,
A. THE SELLER AGREES:
l. (Quality and Quantity) To furnish the Purchaser at the
point of delivery hereinafter specified, during tha term of this
contract or any renewal or extension thereof, potable treated water
meeting applicable purity standards of the Division of Health
Services, Department of Human Resources of the State of North
Carolina, in such quantity as may be required by the Purchaser not I
to exceed three hundred thousand (300,000) gallons per day.
2. (Point of Delivery and Pressure) That water will be
furnished at a reasonable constant pressure calculated at fifty
(50) pounds per square inch from those points of connection as
shown upon the final plans and specifications for the Purchaser's
water supply distribution system as approved by the Harnett County
Board of Commissioners. If a greater pressure than that normally
available at the points of delivery is required by the Purchaser,
the cost of providing such greater pressure shall be borne by the
Purchaser. 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 the Seller
from this provision for such reasonable period of time as may be
necessary to restore service.
3. (Metering Equipment) To furnish, install, operate, and
maintain at its own expense at the points of delivery, the
necessary metering equipment, including meter houses or pits, and
required devices of standard type for properly measuring the
quantity of water delivered to the Purchaser and to calibrate such I
metering equipment whenever requested by the Purchaser 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 falls to register
for any period, the amount of water furnished during such period
~--~-----_._--~.._-
101
shall be deemed to be the amount of water delivered in the
corresponding period immediately prior to the failure, unless
Seller and Purchaser shall agree upon a different amount. The
I metering equipment shall be read on the first day of each month.
An appropriate official of the Purchaser at all reasonable times
shall have access to the meter for the purpose of verifying its
readings.
4. (Billing Procedure) To furnish the Purchaser not later
than the fifth (5 ) day of each month, with an itemized statement
of the amount of water furnished the Purchaser during the preceding
month.
B. THE PURCHASER AGREES:
1. (Rates and Payment Date) To pay the Se~ler, not later
than the tenth ( 10) day of each month, for water delivered in
accordance with the following schedule of rates:
a. Four thousand seven hundred twenty-five dollars
($4,725.00) for the first four million five hundred thousand
(4,500,000) gallons, which amount shall also be the minimum rate
per month.
b. One dollar and five cents ($1.05) per one thousand
(1000) gallons for water in excess of four million five hundred
thousand (4,500,000) gallons.
I c. It is agreed that the minimum rate per month as
stated in (a) above shall not be applicable until six ( 6) months
after the last notices for connection have been mailed to potential
water customers of the Purchaser by the Harnett County Department
of Public Utilities; and up to said time the minimum rate per month
becomes applicable, Purchaser shall pay only for scch water as is
delivered to Purchaser at the rate of $1. 01 (one Dollar and one
cent) per 1000 (one thousand) gallons.
2. (Connection Fee) To pay as an agreed cost, a connection
fee to connect the Seller's system with the system of the
Purchaser, a sum equal to the amount of the cost of the
installation of the meters, meter vaults and related appurtenances
and the cost of the laying and installation of the necessary
pipelines to connect the system of the Seller to the system of the
Purchaser at the boundar ies of the East Central Water and Sewer
District.
C. It ~urther mut.uallv ~~r~p.d between the Se~r and the
purchaser as follows:
1. (Term of Contract) That this contract shall extend for
I a term of forty (40) years from the date of the initial delivery
of any water as shown by the first bill submitted by the Seller to
the Purchaser and, thereafter may be renewed or extended for such
term, or terms, as may be agreed upon by the Seller and Purchaser.
2. (Delivery of Water) That thirty (30) days prior to the
estimated date of completion of construction of l..ne Purchaser's
water supply distribution system, the Purchaser 11.'1.11 notify the
Seller in writing the date for the initial delivery of water.
3. (Water for Testing) When requested by the Purchaser, the
Seller will make available to the contractor at the points of
102
delivery, or other points reasonably close thereto, water
sufficient for testing, flushing, and trench filling the system of
the Purchaser during construction, irrespective of whether the
metering equipment has been installed at that time, at a flat
charge of one dollar and five cents ($1.05) per one thousand (1000)
gallons which will be paid by the contractor or, on his failure to I
pay, by the Purchaser.
4. (Failure to Deliver) That the Seller will, at all times,
operate and maintain its system in an efficient manner and will
take such action as may be necessary to furnish the Purchaser with
quantities of water required by the Purchaser. Temporary or
partial failures to deliver water shall be remedied with all
possible dispatch. In the event of an extended shortage of water,
or the supply of water available to the Seller is otherwise
diminished over an extended period of time, the supply of water to
Purchaser's consumers shall be reduced or diminished in the same
ratio or proportion as the supply to Seller's consumers is reduced
or diminished.
5. (Modification of Contract) That the provisions of this
contract pertaining to the schedule of rates to be paid by the
Purchaser for water delivered are subject to modification at the
end of everyone ( 1 ) year period. 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 the Seller's water distribution system I
except as such costs relate directly to increasing the capacity of
services to the Purchaser. Such costs may i~:~ude increased
capitalization of the Seller's water production fe..-::ility system.
Other provisions of this contract may be modified or altered by
mutual agreement.
6. (Future Water Transmission and Connection) In the event
Seller elects to supply and sell water to any customers or other
water distribution systems located outside of the boundaries of the
East Central Water and Sewer District of Harnett County and desire
to do so by connecting to and transporting water through the water
distribution system of Purchaser, it is agreed that Seller may, at
no cost to it, connect to and transport water through the water
distribution system of Purchaser for the purpose of supplying and
selling water to customers or other water distribution systems
outside of the East Central Water and Sewer District, whether
within the County of Harnett or otherwise. In the event Seller
should elect to supply and sell water as state.... nerein, Seller
shall cause a meter to be installed at the connecticu point and the
cost thereof shall not borne by Purchaser. I
7. (Regulatory Agencies) That this contract is subject to
such rules, regulations, or laws as may be applicable to similar
agreements in this State and the Seller and Purchaser will
collaborate in obtaining such permits, certificates, or the like,
as may be required to comply therewith.
8. (Miscellaneous) That the construction of the water
supply distribution system by the Purchaser is being financed by
a loan made or insured by, and/or a grant from the United States
103
of America, acting through the Farmers Home Administration of the
United States Department of Agriculture, and the provisions hereof
pertaining to the undertakings of the Purchaser are conditioned
I upon the approval, in writing, of the Farmers Home Administration.
9. (Successor to the Purchaser) That in event of any
occurrence rendering the Purchaser incapable of p~rforming under
this contract, any successor of the Purchaser, whe1her the result
of legal process, assignment, or otherwise, shall succeed to the
rights of the Purchaser hereunder.
IN WITNESS WHEREOF, the parties hereto, acting under authority
of their respective governing bodies, have caused this contract to
be duly executed in duplicate counterparts, each of which shall
constitute an original.
COUNTY OF HARNETT
By:
H.L. Sorrell, Jr. , Chairman
Harnett County Board
of Commissioners
(SEAL)
ATTEST:
Vanessa W. Young, Clerk
to the Board
I EAST CENTRAL WATER At;O SEWER
DISTRICT OF HARNETT COUNTY
By:
H.L. Sorrell, Jr. , Chairman
of the Harnett County Board
of Commissioners sitting as
the governing body of the
East Central Water and Sewer
District of Harnett County
(SEAL)
ATTEST:
Vanessa W. Young, Clerk
to the Board and of the
District
This contract is approved on behalf of the Farmers Home
Administration this day of , 19 .
-
By:
Title:
I
104
Attachment 6.
RESOLUTION AUTHORIZING EXECUTION OF
MANAGEMENT CONTRACT WITH
HARNETT COUNTY
WHEREAS, the Harnett County Board of Commissioners, sitting I
as the governing body of the East Central Water and Sewer District
of Harnett County (hereinafter "Board") , has examined the
Management Contract between the County of Harnett (hereinafter
"County") and the East Central Water and Sewer District of Harnett
County, a copy of which is attached hereto as Exhibit "A"; and
WHEREAS, the Board desires for the District to enter into said
contract as provided;
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners, sitting as the governing body of the East Central
Water and Sewer District of Harnett County, that:
1. The East Central Water and Sewer District of Harnett
County is hereby authorized to and shall enter into the Management
Contract attached hereto as Exhibit "A".
2. The appropriate officers of said District are hereby
directed to execute the original of said Management Contract.
Duly adopted this 15th day of March, 1993, upon motion made
by Commissioner Bowden seconded by Commissioner
,
Andrews and passed by the following vote: I
Ayes 5 Noes 0 Absent 0
HARNETT COUNTY BOARD OF COMMI SS IONERS
sitting as the governing body of the
EAST CENTRAL WATER AND SEWER DISTRICT
OF HA:WZ L
BY: ", ~/74'~
Attest: / H.t.. soirell,~. , Chairman
~ I '
'L ~ C"'Y - Lt L, . '{ I!,~ 'j;
Vanessa W. Young, lerk 0
the Board and of t~e Dis rict
Exhibit ^
NORTH CAROLINA
MANAGEMENT CONTRACT
HARNETT COUNTY
THIS CONTRACT, made and entered into as of the 15th day of
March, 1993, by and between the COUNTY OF HARNETT, a body politic
organized and existing under the laws of the State of North
Ce.rolina (hereinaft.er called "County") and the EAST CENTRAL WATER
AND SEWER DISTRICT OF HARNETT COUNTY, a municipal corporation
organized and existing pursuant to the provisions of Article 6, I
Chapter 162A of the North Carolina General Statutes (hereinafter
called "District");
WIT N E SSE T H:
THAT WHEREAS I the County is owner and oper'a1 or of a water
production system and a water supply distribution system; and
WHEREAS, County as operator of said systems has created a
Public Utility Department which conducts the operation of said
systems; and
-----.--
105
WHEREAS, the District was organized and established for the
purpose of constructing and operating a water supply distribution
system to serve water users within the District; and
WHEREAS, the Farmers Home Administration of the United States
Department of Agriculture has agreed to loan the District
sufficient funds to enable the District to finance the construction
I of said water supply distribution system; and
WHEREAS, the County's Public Utility Department is fully
capable to conduct the operation and management of the water supply
distribution system of the District; and
WHEREAS, the County and the District have agr~ei to enter into
this contract for the operation and management of the water supply
distribution system of the District as a County operated system on
a continuing basis and especially for and during the period of the
existence of the Farmers Home Administration loan to the District.
NOW, THEREFORE, the part ies de contract and agree each with
the other as follows:
1. That the District's water distribution supply system
referred to above shall be operated and managed by the County's
Public Utility Department as a County operated water distribution
system on a continuing basis and especially for a ;~riod beginning
as of the execution of this contract and exte~d "ng until that
certain loan referred to above made by the Farmers Home
Administration to the District has been paid in full, being a
I period of at least forty (40) years.
2 . That the Harnett County Board of Commissioners, sitting
in the capacity as the governing body of County and/or as the
governing body of the District, shall establish and set the rates
of charges for the purchase of water and for such other fees,
charges, and penalties as required for the operation of the water
distribution system, with proper cost accounting procedures to
appropriately reflect the cost of these facilities operated by the
County Public Utility Department relative to the operation of other
utility enterprises which are or may be carried on by the County
Public Utility Department. Further, the Harnett County Board of
Commissioners, in the capacities stated above, &.n II charge such
rates for the users of said water distribution ;ystem as will
appropriately yield sufficient funds to meet operation and
maintenance expenses and to pay and retire the long term debt of
the District to the Farmers Home Administration.
3. This contract shall be a continuing contract relative to
the furnishing of the essential water utility services for the
people of the District and this contract shall exist and continue
I until the District and the County shall mutually modify or
terminate this contractual arrangement.
4. That the Harnett County BoaFd of Commissioners agrees to
create an Advisory Council to lend assistance with input and advice
as to the operation and maintenance of the aforesaid water
distribution system by the Harnett County Board of Commissioners
as the governing body of said District.
5. That the County shall be entitled to fuad or cause to be
funded the construction of any water line to be cunnected to the
District's system as an extension within or without the boundaries
106
of the District for the purpose of serving needy users with water
utility services as the same shall be determined by the Harnett
county Board of Commissicners and that the rates chargeable to such
persons (users) shall be equitably set to properly reflect cost of
operations and maintenance of water production and supply and
further that in the event it shall become necessary for the
District to levy a tax for the purpose of funding bonded I
indebtedness of the District then in such event such rates of any
person (user) outside the boundaries of the District shall be
charged a greater user fee (rate) as will be equivalent to such
needed property tax as may be levied; provided, if a tax levy is
made, then such user charge for out-of-district users shall not be
less than 150% of the user charge of users of the District. It is
understood and agreed that the District shall hCl'-- no obligation
to extend its water lines outside of the District" boundaries.
6. That the County will manage and operate the water supply
distribution system on an annual budget with the setting of rates
on an annual basis as approved by the District's governing body
with proper input and advice from the Advisory Council, which
budget shall provide and set forth the handling of the funds such
that a reserve fund, depreciation fund, debt payment fund, and
surplus fund for the District shall be distinguishable, and further
that the County shall maintain a system of accounts for the County
Utility Department which will appropriately account for the various
operations of the Utility Department, specifically so that all
costs relative to the operation of the water supply distribution I
system will be separately stated; the County shall further maintain
insurance and bonds as required by state law and that the County
shall properly contract with a certified publi.. -iccountant for
annual audits of the Utility Department and that fur~her the County
shall comply with all federal, state and local laws and regulations
relative to the operation of the water supply distribution system.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed as authorized by the Harnett County Board
of Commissioners sitt5ng as the governing body of the County and
the District, all as of the day and year first above written.
COUNTY OF HARNETT
By:
H.L. Sorrell, Jr. , Chairman
Harnett County Board of
Commissioners
ATTEST:
Vanessa W. Young, Clerk I
EAST CENTRAL WATER AND SEWER
DISTRICT OF HARNETT COUNTY
By:
H.L. Sorrell, Jr. , .-hairman
Harnett County Bo~r( of
Commissioners, sitt~ng as the
governing body of the East
Central Water and Sewer
District of Harnett County
ATTEST:
Vanessa W. Young, Clerk to the
Board and of the East Central
Water and Sewer District of
Harnett County
------
107
Attachment 7. EXTRACTS FRON NINUTES OF BOARD OF COKHISSIONERS OF
HARNETT COUNTY, SITTING AS THE GOVERNING BODY OF
SOUTHEAST WATER AND S~~~. DISTRICT OF BARNETT COUNTY
* * * * * *
I Commissioner Titchener presented the
following resolution and moved that it be adopted:
WHEREAS, the bond order hereinafter described has taken
effect and the Board of Commissioners of the County of Harnett,
sitting as the governing body of Southeast Water and Sewer
District of Harnett county, desires to borrow money for the
purpose for which bonds are authorized to be issued by said bond
order in anticipation of the receipt of the proceeds of the sale
of said bonds as hereinafter provided; 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 (the "Issuer"), as
follows:
(1) The sum of $1,482,000 will be borrowed by the
I Issuer in anticipation of the receipt of a $1,482,000 portion of
the proceeds of the sale of bonds authorized to be issued by the
water bond order, adopted by the Board of Commissioners of the
county of Harnett, sitting as the governing body of the Issuer,
on November 21, 1988, for the purpose for which said bonds are
authorized to be issued. Negotiable notes, each designated "Water
Bond Anticipation Note," shall be issued for said sum so
borrowed.
(2) Said notes shall be dated March 30, 1993, shall be
payable December 15, 1993 and shall bear interest from their date
at a rate which shall not exceed twelve per centum (12%) per
annum. Such interest shall be payable at the maturity of the
said notes. Each of said notes shall be signed by the Chairman
of the governing body of the Issuer and the Clerk of the Issuer
and the seal of the Issuer shall be affixed to each of said
I notes.
(3) The power to fix the rate of interest to be borne
by said notes and to determine the denomination or denominations
of the notes and the place of payment of the notes is hereby
delegated to the Chairman of the governing body of the Issuer and
Clerk of the Issuer who are hereby authorized and directed to
cause said notes to be prepared and to execute said notes when
they shall have been sold by the Local Government commission of
North Carolina.
108
(4) The Chairman of the governing body of the Issuer
and Clerk of the Issuer are hereby authorized to make application
to the Local Government Commission of North Carolina for its I
approval of said notes in the manner prescribed by The Local
Government Finance Act. Said Local Government Commission is
hereby requested to sell the notes in the manner prescribed by
said Act. Said notes, when they shall have been sold by said
Commission in the manner provided by law and when they shall have
been executed in the manner prescribed by this resolution, shall
be turned over to the State Treasurer of the State of North
Carolina for delivery to the purchasers to whom they may be sold
by said commission.
(5) The Issuer covenants to comply with the provisions
of the Internal Revenue Code of 1986, as amended (the "Code"), to
the extent required to preserve the exclusion from gross income
of interest on the notes for Federal income tax purposes.
(6) The Issuer hereby represents that (i) the proposed
notes are not private activity bonds as defined in the Code and
(ii) the Issuer, together with any subordinate entities or any I
entities which issue obligations on behalf of the Issuer,
reasonably expects that it will not issue more than $10,000,000
tax-exempt obligations (other than private activity bonds) during
the current calendar year. In addition, the Issuer hereby
designates the above-mentioned notes as "qualified tax-exempt
obligations" for the purposes of section 265(b} (3) of the Code.
(7) The power to make any election on behalf of the
Issuer with respect to the arbitrage rebate provisions of the
Code applicable to the notes is hereby delegated to the Chairman
of the governing body and Finance Officer of the Issuer.
The motion having been duly seconded and the resolution
having been considered, it was adopted by the following vote:
AYES: 5
NAYS: 0 I
* * * * *
.-------~ _______n__
109
Attachment 8.
INTRA-DEPARTMENTAL BUDGET AMENDMENTS
FOR THE MONTH ENDING
March 10, 1993
I DEPARTMENT INCREASE
DATE ACCOUNT CODE DESCRIPTION (DECREASE)
07-01-92 Register of Deeds
10-4800-002 Salaries & Wages (1,120)
10-4800-003 Sale & Wages Part Time 1,120.
07-01-92 Public Buildings
10-5000-0150 Maint. & Repair Bldg. (50)
10-5000-0540 Insurance & Bonds 50.
08-03-92 Register of Deeds
10-4800-074 Capital Outlay - Equip. 154.
10-4800-033 Materials & Supplies (154)
08-05-92 Finance
10-4400-002 Salaries & Wages (1,020)
10-4400-003 Sale & Wages Part Time 1,020.
. 08-05-92 Emerg. Medical Services
10-5400-054 Insurance & Bonds (825)
10-5400-074 Capital Outlay - Equip. 825.
08-06-92 Emerg. Medical Services
10-5400-054 Insurance & Bonds (796)
10-5400-074 Capital Outlay - Equip. 796.
08-18-92 Register of Deeds
10-4800-002 Salaries & Wages (755 )
10-4800-003 Sale & Wages Part Time 755.
I 09-15-92 Emerg. Medical Services
10-5400-054 Insurance & Bonds (1,010)
10-5400-057 Miscellaneous Expense 1,010.
09-16-92 Veteran's Service
10-7800-014 Travel & Meetings (119)
10-7800-033 Materials & Supplies 119.
09-17-92 Social Services
10-7700-057 Miscellaneous Expense (94 )
10-7700-074 Capital Outlay-Equipment 94.
09-24-92 Board of Elections
10-4300-075 Lease Payments (400)
10-4300-074 Capital Outlay-Equipment 400.
10-19-92 Administration
10-4200-0330 Materials & Supplies (300)
10-4200-0170 Maint. & Repair-Auto 300.
10-29-92 Register of Deeds
10-4800-016 Maint. & Repair-Equip. (698)
10-4800-074 Capital outlay - Equip. 698.
11-03-92 Library
10-8100-033 Materials & supplies 2,600.
10-8100-074 Capital Outlay-Equip. (2,600)
11-09-92 Industrial Development
10-7250-014 Travel & Meetings (3 00)
I 10-7250-076 Industrial. Apprec. 300.
11-13-92 Public Buildings
10-5000-054 Insurance & Bonds 25.
10-5000-057 Misc. Expense (25)
11-13-92 Board of Elections
10-4300-026 Advertising (595)
10-4300-074 Capital outlay-Equipment 595.
11-17-92 Airport
10-6500-016 Maint & Repair - Equipment (200)
10-6500-015 Maint & Repair - Bldg. 200.
110
11-13-92 Youth Services
10-7730-054 Insurance & Bonds 2.
10-7730-057 Misc. Expense (2)
11-23-92 Public Buildings
10-5000-054 Insurance & Bonds 143.
10-5000-0150 Maint & Repair - Bldgs. (143) I
11-25-92 Planning Dept.
10-7200-002 Salaries & Wages (1,100)
10-7200-074 Capital Outlay-Equip. 1,100.
12-04-92 Board of Elections
10-4300-012 Printing & Binding 200.
10-4300-026 Advertising (200)
12-18-92 Agriculture Ext. & Home
10-7300-012 Printing & Binding (130)
10-7300-057 Misc. Expense 130.
12-21-92 Parks & Recreation
10-8300-015 Maint. & Repair-Bldg. 2,400.
10-8200-073 Cap. Outlay-Other Improv.(2,400)
12-28-92 Sheriff's Department
10-5100-010 Employee Training (2,700)
10-5100-033 Materials & Supplies 2,700.
12-31-92 Industrial Development
10-7250-076 Industry Appreciation (446)
10-7250-014 Travel & Meetings 200.
10-7250-033 Materials & Supplies 246.
01-07-93 Emergency Medical Services
10-5400-054 Insurance & Bonds (432)
10-5400-074 Capital Outlay-Equip. 432.
01-08-93 Finance I
10-4400-012 Printing & Binding (300 )
10-4400-053 .Dues & Subscriptions 300.
01-11-93 Governing Body
10-4100-057 Misc. Expense (40)
10-4100-0571 County Awards 40.
01-21-93 Finance
10-4400-021 Bldg. & Equip. - Rent 160.
10-4400-055 Postal Cost (160)
01-21-93 Finance
10-4400-057 Misc. Expense 500.
10-4400-055 Postal Cost (500)
01-21-93 Industrial Development
10-7250-026 Advertising (346)
10-7250-033 Materials & Supplies 50.
10-7250-053 Dues & Subscriptions 96.
10-7250-014 Travel & Meetings 200.
02-02-93 Emergency Medical Services
10-5400-074 Capital Outlay-Equipment 1,909.
10-5400-054 Insurance Bonds (1,909)
02-02-93 section 8 Existing
80-9900-4400 Maint. & Operations (400)
80-9900-4150 Travel 400.
02-10-93 Industrial Development I
10-7250-026 Advertising (100)
10-7250-033 Materials & Supplies 100.
02-12-93 Emergency Medical Services
10-5400-054 Insurance & Bonds 472.
10-5400-017 Maint. & Repair (472)
02-22-93 Sheriff's Department
10-5100-033 Materials & Supplies 635.
10-5100-010 Training (635)
.,
111
~achment 9.
FROM: E. Marshall Woodall, County Tax Attorney
RE: MONTHLY REPORT TO COMMISSIONERS AND STATEMENT OF FEES AND CHARGES
FOR THE MONTH OF FEBRUARY, 1993
1. Tax Suits Dismissed:
I NAME SUIT NO. *AMOUNT COL. **COURT ATTORNEY
COSTS FEES
Anderson Creek Townshio
Lorenzo, James 89 CvD 073 2892.98 393.00 350.00
Worthy, Kenneth 90 CvD 0945 780.06 404.45 350.00
Barbecue Townshio
Klamert, George 90 CvD 0217 821. 44 257.80 200.00
Black River Townshio
Dorsey, Dennis No CvD 93.29 50.00 50.00
Grove Townshio
Godwin, Clifford 90 CvD 1505 2,900.47 413.55 350.00
Buckhorn Townshio
Price, Virginia 88 CvD 1508 825.39 574.11 350.00
Averasboro Townshio
Tucker & Sons 88 CvD 1182 2,831.91 656.57 350.00
Duke Townshio
Lucas, Marshall 93 CvD 0177 963.83 256.06 200.00
UDDer Little River Townshio
Mimms, Daniel 91 CvD 0826 2,344.86 399.33 350.00
I Subtotal 12,454.23 3,404.87 2,550.00
Additional Attorney's Fees:
None
TOTAL ATTORNEY'S FEES - Tax Suits $2,550.00
2. Advanced Costs:
DATE EXPLANATION CHARGE
2-3-93 Lillington Postmaster - service fee 5.02
Joseph Speer - 9932 CvD 0022
2-4-93 Lillington Postmaster - service fee 5.02
David L. Gaines - 93 CvD 0138
2-11-93 Sheriff of Brunswick County - service 5.00
fee - Robert Dale Strickland - 92 CvD 1288
2-11-93 Lillington Postmaster - service fee 10.04
Ernest Gulledge - 93 CvD 0178
2-12-93 Lillington Postmaster - service fee 5.02
Marshall Lucas - 92 CvD 1071
2-19-93 Lillington Postmaster - service fee 5.02
Bailey & Associates - 93 CvD 0203
I 2-23-93 Lillington Postmaster - service fee 5.02
David L. Gaines - 93 CvD 0203
2"';26-93 James E. Long - Commissioner of Insurance 10.00
Bailey & Associates - 93 CvD 0203
TOTAL ADVANCED COSTS $50.14
3. New Suits Started during the month of February, 1993
Johnsonville Townshio
Gaines, David L.
Black River Townshio
Page, Alton R.
112
Duke Townshio
Lucas, Marshall L.
Anderson Creek Townshio
Gulledge, Ernest R.
Averasboro Townshio
Bailey & Associates I
4. Other Services
SALE OF VANSKIVER LANDS:
DATE EXPLANATION TIME CHARGE
2-11-93 Telephone discussion with Junior
Clark about upset bid. .10 5.50
2-12-93 Conference with Junior Clark to
make upset bid. .10 5.50
2-15-93 Telephone discussion with Mr.
Billenstein to get new bid. .10 5.50
2-19-93 Instructions to Paralegal. .10 5.50
2-19-93 Telephone discussion with Mr.
Junior Clark about upset bid. .10 5.50
2-19-93 Telephone discussion with Mr.
Billenstein concerning upset
bid. .10 5.50
2-26-:93 Discussion with Mr. Clark to get
bid; discussion with Mr. Billenstein
about upset bid. .20 11. 00
.80 44.00
SUMMARY OF CHARGES & FEES
Attorney's fees - Tax Suits 2,550.00
Advanced Costs 50.14
Other Services 44.00
BALANCE DUE $2,644.14 I
.~jlU~L~
E. Marshall Woodal N~TT-C~~;TY:
Post Office Box 39
Lillington, NC 27546
Telephone: (919) 893-5191 RESOLUTION
Attachment 10. WHEREAS. Campbell University is a tremendous asset to Harnett County
and its citizens; and
WHEREAS, the stature of any such institution is dependent in large
part upon those who lead it; and
WHEREAS, Norman Adrian Wiggins has led Campbell University during a
period in which it has gained international recognition as an
outstanding University.
NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of
Commissioners does hereby recognize for his distinguished service
Campbell University President Norman Adrian Wiggins in this his
twenty-fifth year of service to the University. That a copy of
this resolution shall be given to Norman Adrian Wiggins, a copy
spread upon the minutes of this Board, and a copy to the media.
Duly adopted this 15th day of March, 1993.
HARNETT COUNTY BOARD OF COMMISSIONERS
H. L. Sorrell, Jr., Chairman I
ATTEST:
Vanessa W. Young, Clerk to the Board
--~- ~ ~~~~
..._,._-~~~~...~
113
Attachment 11.
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
COUNTY OF HARNETT : SUPERIOR COURT DIVISION
....
I;,,; . . FILE NO. 93 CVS 00179
I... ,
I COUNTY OF HAR.~l~d ~.
CITY OF DUNN, -,
PLAINTIFFS
VS. CONSENT JUDGMENT
CLIFTON L. TURPIN, SR. and
wife, JANICE N. TURPIN,
DEFENDANTS
. ..... ...... ... ........ .... ....
THIS CAUSE coming on to be heard before the undersigned
Superior Court Judge during the March 1, 1993 ci vil session of
Harnett county Superior Court upon plaintiffs' Complaint for Relief
in the Nature of Declaratory Judgment and Injunctive Relief and
upon the call of the case for trial, the parties indicated to the
court that all matters in controversy had been resolved and the
parties wish to enter into a consent judgment. Therefore, based
upon a review of the pleadings and the consent of the parties, the
court makes the following:
FINDINGS OF FACT
1- This is an action for declaratory judgment whereby the
I plaintiffs seek a determination by the court that the activities
conducted on the property owed by the defendants constitute a
public nuisance and are dangerous and prejudicial to the public
health and safety within the meaning of North Carolina General
Statute S 153A-121 et sea., North Carolina General Statute S 19-1
et sea. and North Carolina General Statutes S 160A-174 and S 160A-
193. The plaintiffs further seek an Order permanently enjoining
the defendants from engaging in or allowing said activities which
constitute a public nuisance or are dangerous and prejudicial to
the public health and safety in violation of the North Carolina
General Statutes specified above.
2. This action was instituted on February 10, 1993 and
personal service was had on the defendants on February 10, 1993.
3. By motion filed on February 10, 1993, the plaintiffs
sought an expedited hearing on their action for declaratory
judgment and injunctive relief and on February 10, 1993, the
undersigned superior Court Judge allowed said motion setting the
matter for hearing on March 1, 1993 in Lillington, North Carolina
at 10:00 0' clock a.m.
I 4. Upon the call of the case for trial, the plaintiff, county
of Harnett, was represented by Dwight W. Snow, attorney at law and
the plaintiff, city of Dunn, was represented by Benjamin N.
Thompson, attorney at law. The defendants, Clifton L. Turpin, Sr.
and wife, Janice N. Turpin, were represented by R. Allen Lytch,
attorney at law.
5. Plaint~ff, County of Harnett, is a body politic and
corporate as provided in North Carolina General Statute S lS3A-l
et sea. and is authorized to bring thi~ action by virtue of North
Carolina General Statute S 153A-11.
114 6. Plaintiff, City of Dunn, North Carolina, is a municipal
corporation organized and existing under the laws of the state of
North Carolina, and is authorized to bring this action by virtue
of North Carolina General statute S 160A-11.
7. The defendants, Clifton L. Turpin, Sr. and wife, Janice
N. Turpin are citizens and residents of Cumberland County, North
Carolina, but who own certain real property known as Holiday
Trailer Park located in Averasboro Township, Harnett County, I
North Carolina.
8. Up through the date of the filing of this action, the
property owned and maintained by defendants constituted an area
of heavy drug traffic, violent crime, loitering, alcohol
consumption and activity, all of which created an unsanitary and
unsafe environment, and where there existed a high incidence of
handling of stolen property, drug and alcohol-related activity,
and other general disturbances in the area.
9. As of the date of the filing of this action, the
defendants were operating a mobile home park and most of the
mobile homes located thereon were in violation of the North
Carolina Model Housing Code as specified in section 4-31 of the
Dunn City Code, the Building Codes for the state of North
Carolina for General Construction and the North Carolina State
Electrical and Plumbing Codes.
10. The defendants allowed most of the mobile homes located
at Holiday Trailer Park, many of which were owned and/or operated
by them, to become in a state of great disrepair, to become
structurally unsound and otherwise unfit for human habitation. I
As of the date of the filing of this action, many of the mobile
homes owned or operated by the defendants had grossly inadequate
human waste removal facilities which resulted in raw sewage
running on top of the ground. Said conditions are unsanitary and
in violation of various health and environmental laws and
regulations of the state of North Carolina.
Based upon the foregoing Findings of Fact, and upon the
consent of the parties, the court CONCLUDES AS A MATTER OF LAW
that the activities conducted by the defendants as of the date of
the filing of this action, constitute a public nuisance, and are
dangerous or prejudicial to the public health and safety of the
citizens of Harnett County within the meaning of North Carolina
General Statutes S 153A-121 et sea., S 19-1 et sea., S 160A-174
and S 160A-193, and as such, the plaintiffs are entitled to seek
the removal, abatement or remedy of said nuisance or dangerous
and prejudicial conditions.
NOW, THEREFORE, based upon the foregoing Findings of Fact,
Conclusions of Law and consent of the parties, it is hereby I
ORDERED, ADJUDGED and DECREED as follows:
1. That the activities herein described on the property of
the defendants, Clifton L. Turpin, Sr. and wife, Janice N.
Turpin, on that certain real property known as Holiday Trailer
Park located in Averasboro Township, Harnett County, North
Carolina are hereby declared by this court to be a public
nuisance and dangerous and prejudicial to the public health and
safety of the citizens of Harnett County within the meaning of
North Carolina General Statutes S 153A-121 et sea., S 19-1 et
sea. S 160A-174 and S 160A-193;
115
2. Each of the defendants and their successors in title and
interest are hereby permanently restrained and enjoined from
engaging or allowing to be conducted on their property any public
nuisance or condition that is dangerous or prejudicial to the
public health and safety of the citizens of Harnett County.
without in any way limiting the foregoing provision, each of the
I defendants or their successors in title or interest are
permanently restrained and enjoined from engaging in or allowing
the following activities:
(a) Allowing any person or persons to loiter, congregate or
assemble on their property for the purpose of buying, selling or
consuming alcohol beverages, illegal narcotics or controlled
substances or otherwise engaging in criminal activity;
(b) Allowing trash or other garbage to accumulate on their
property or otherwise allowing said property to be maintained in
an unsafe and unsanitary condition;
(c) Allowing mobile homes to be located at Holiday Trailer
Park which are unfit for human habitation or which are in
violation of the Minimum Housing Code as adopted by the Dunn City
Code and the North Carolina Building Codes for General
Construction, Electrical and Plumbing;
(d) operating a mobile home park in violation of the
Environmental Laws of the state of North Carolina, including, but
not limited to, allowing inadequate septic tank systems or other
systems for the purpose of disposing of human waste;
I 3. The jurisdiction of this court is retained for the
purpose of making any further orders necessary or proper to allow
the plaintiffs to remove, abate or remedy the public nuisance or
conditions on the property of the defendants which are dangerous
or prejudicial to the public health or safety of the citizens of
Harnett County, North Carolina. The jurisdiction of this court
is also retained for the purpose of making any further orders
necessary for the enforcement of this judgment and the punishment
for any violation thereof;
4. The plaintiffs agree not to seek enforcement of this
judgment so long as the following conditions are met by the
defendants, Clifton L. Turpin and wife, Janice N. Turpin or their
successors in title or interest:
(a) All mobile home units located on the real property in
question must meet the requirements of the Minimum Housing Code
as then adopted by the Dunn City Council;
(b) Defendants must connect with the city of Dunn's sewer
system to service the mobile home park and all units contained
I therein, and pay all costs incurred in connecting the mobile home
park to the City of Dunn's sewer system, which costs are to
include the installation of a lift station and of a line from the
mobile home park to the city of Dunn's existing sewer line.
Further, the defendants must pay all impact fees assessed by the
City of Dunn for connecting to the City of Dunn's sewer system,
which fees are to be based on $1.02 x 120 gallons x the number of
bedrooms for each mobile home unit so connected;
(c) The defendants must immediately remove from the mobile
home park all burned units or units that are vacant or otherwise
unfit for human habitation;
116 (d) All vacant units which do not meet the Minimum Housing
Codes may be rehabilitated, but they must be secured from public
entry until the renovations are completed and the unit has been
inspected by the Building Inspector for the City of Dunn;
(e) All mobile home units are to be inspected by the City
of Dunn Building Inspector or his duly authorized representative,
prior to any occupancy. Thereafter, the Building Inspector for
the City of Dunn or his authorized representative must be
permitted to conduct random inspections as are reasonably I
necessary to insure enforcement of the Minimum Housing Code and
the Nor~ Carolina Building Codes for General Construction,
Electrical and Plumbing as adopted by the state of North Carolina
and the Dunn city Code;
(f) The defendants must pay all set up fees imposed by the
City of Dunn, which fees are calculated on the basis of $60.00
per mobile home unit. The impact fees specified in Paragraph
4 (b) above must also be paid at the same time as the set up fees
are paid;
(g) The defendants must maintain regular garbage service to
insure that garbage and refuse is collected from the mobile home
park on a regular basis;
(h) The defendants must maintain street lights consistent
with the requirements within the city limits of the city of Dunn
to provide adequate lighting for the mobile home park;
( i) The mobile home park must remain free of excess
garbage, junk, debris and abandoned vehicles;
(j) The defendants must submit to the plaintiffs within
thirty (30) days after entry of this Consent Judgment, for I
approval, a plan for premises security and screening of future
rental applicants;
(k) The defendants must provide the city of Dunn on a
quarterly basis, a list of all owner/occupied units and rental
units and further identify the occupants assigned to each
individual unit;
5. In the event the defendants, their successors in title or
interest, fail to adhere to the conditions set forth in Paragraph
4 above and each of its subparagraphs, the plaintiffs reserve the
right t~ seek the judicial enforcement of this judgment,
including proceedings for contempt;
6. Each party shall pay their own costs, including attorney
fees;
This is the S" day of March, 1993.
J1~4~ -
WILEY 'if. BOWEN, SENIOR RESIDENT
SUPERIOR COURT JUDG
CONSENTED TO: CITY OF DUNN
ht,,-, 11{j1.-z1..-~
~ BY: I
COUHTY~ETT BEN.J~J.~ 1\1.. THOMPSON, ATTORNEY
BY: l~:J bJ tJ ,1 J ~ .J) 11
. l ..1 i.!
DWIGHT W. SNOW, ATTORNEY ~/~.~u.l~ .
CLIFTON L1: TURPIN. SR-::- bEFl -
A, . \, c;::- , --. ~
_ (< 1'1:f~('-f _.:.A . Y" A~~ .
~ICE N. TURPIN, DEF}NDANT
.
/Uz:- ~.;f (1
R. ALLEN LYTCH, ..ATTORNEY lo'OR
DEFENDANTS