12131993
.
360
HARNETT COUNTY BOARD OF COMMISSIONERS RECONVENED MEETING, DECEMBER l3, 1993
The Harnett County Board of Commissioners met Monday, December 13,
1993, at the Harnett County Law Enforcement Center, Li11ington, North
Carolina.
Members present: H. L. Sorrell, Jr.
Beatrice Bailey Hill I
Dan B. Andrews
Joseph T. Bowden
Walt Titchener
Staff present: Neil Emory, County Manager
Tony Wilder, Assistant County Manager
Dwight W. Snow, County Attorney
Vanessa W. Young, Finance Officer
Kay S. Blanchard, Recording Secretary
Chairman Sorrell reconvened the Board meeting that was recessed
December 6, 1993, at 7 p.m.
Commissioner Titchener made a motion to adopt the agenda as published.
Commissioner Andrews seconded the motion and it passed with a
unanimous vote.
F.Y. 1992-93 AUDIT Randy Brodd, Dixon, Odom & Company, Certified Public Accountants,
~PORT presented the FY 1992-93 Harnett County Audit Report.
TRANSFER OF PROPERTY Dwight W. Snow, County Attorney, presented for the Board's
TO WESTERN MEDICAL consideration a Resolution to Transfer Real Property to the Western
GROUP Medical Group. Commissioner Bowden moved for adoption of the
resolution. Commissioner Andrews seconded the motion and it passed
with a unanimous vote. (Attachment 1)
Neil Emory, County Manager, presented for the Board's consideration a
SUBDIVISION FINAL subdivision final plat for Carolina Lakes Phase VII, Block S ADDITION.
CAROLINA LAKES PHASE VII, The subdivision is located on Carolina Way Road and is adjacent to
BLOCK S ADDITION Buffalo Lakes Road in Barbeque Township, an unzoned area of the
County. The Planning Board recommends approval subject to developer's I
engineer certifying to the County Subdivision Administrator as to
proper compaction for home construction prior to any building permits
being issued. Commissioner Titchener moved to approve the subdivision
plat subject to requirement as recommended by the Planning Board.
Commissioner Bowden seconded the motion and it passed with a unanimous
vote.
Neil Emory, County Manager, 'presented for the Board's consideration a
CONTRACT FOR ENGINEERING contract with The Wooten Company for engineering services regarding
SERVICES FOR WATER the Water Treatment Plant Expansion Project. Commissioner Titchener
TREATMENT PLANT EXPANSION moved for approval of the contract with The Wooten Company.
PROJECT Commissioner Hill seconded the motion and it passed with a unanimous
vote.
Chairman Sorrell stated that the Board would now consider certain
SQUTHWEST W & S DISTRICT matters sitting in its capacity as governing body of Southwest Water
MEETING and Sewer District of Harnett County. Al Bain, Public Utilities
Attorney, presented for the Board's consideration an agreement between
County of Harnett, Southwest Water and Sewer District of Harnett
County, and Woodlake Water and Sewer Company, Inc. Commissioner
Bowden moved for approval of the agreement. Commissioner Andrews
seconded the motion and it passed with a unanimous vote. Chairman
Sorrell closed the meeting of the Board sitting as the governing body
of Southwest Water and Sewer District. (Attachment 2)
E-911 Tony Wilder, Chairman, Harnett County Emergency Services Council,
introduced Roger Bohon and Ginny Boyd of Hayes, Sey, Mattern and
Mattern, Engineering Firm. Mr. Bohon and Ms. Boyd presented results
of the E-911 study and recommendations for Harnett County Enhanced 911
Implementation.
ADJOURNMENT There being no further business, the Harnett County Board of I
Commissioners reconvened meeting, December 13, 1993 duly adjourned at
8 p.m. /ftf~1 Chairman
~a~;o~~
K~/ ~. MlLMd tvlr/
Kay S Blanchard, Recording Secretary
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361
Attachment l.
NORTH CAROLINA RESOLUTION TO TRANSFER REAL PROPERTY
TO THE WESTERN MEDICAL GROUP
HARNETT COUNTY
I THAT WHEREAS, the COUNTY OF HARN~J.J. (hereinafter "COUNTY") is
the owner of a tract of real property of approximately 2.00 acres
located off Highway 27 in Barbecue Township, Harnett County, N.C.
which is currently being leased to the WESTERN KEDICAL GROUP
(hereinafter "WESTERN MEDICAL") for the location, operation and
maintenance of a rural health care center known as the Benhaven
Medical Center; that a more particular description of said real
property is attached hereto as Exhibit "A"; and
WHEREAS, in an effort to expand the facilities at the Benhaven
Medical Center and in order to continue to provide quality health
services to the citizens of Harnett County at the medical center,
WESTERN MEDICAL has requested that the COUNTY convey to WESTERN
MEDICAL the aforementioned 2.00 acre tract of real property; and
WHEREAS, pursuant to the provisions of N.C. Gen. Stat. Sl60A-
279, the COUNTY is authorized to transfer real property to a non-
profit corporation such as WESTERN MEDICAL which carries out a
I public purpose as long as said conveyance includes a condition
which assures that the real property will be put to said public
purpose by WESTERN MEDICAL as the recipient; and
WHEREAS, WESTERN MEDICAL provides a valuable service to the
citizens of Harnett County in the area of health care and it is the
desire of the COUNTY to assist WESTERN MEDICAL in its expansion
plans through a donated conveyance to WESTERN MEDICAL of the 2.00
acre tract by Non-Warranty Deed on the condition that said real
property continue to be used as a rural health care center.
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that the conveyance by the COUNTY to WESTERN MEDICAL
of the 2.00 acre tract pursuant to the provisions of N.C. Gen.
Stat. 5160A-279 and S160A-269 is hereby approved;
BE IT FURTHER RESOLVED that the proper officials of the COUNTY
are hereby authorized to execute a Non-Warranty Deed for the 2.00
acre tract to WESTERN MEDICAL at such time that the public notice
requirements of N.C. Gen. Stat. S160A-267 are satisfied.
I This Resolution is adopted by the unanimous vote of the
Harnett County Board of Commissioners on this the 13th day of
December, 1993.
HARNETT COUNTY BOARD OF COMMISSIONERS
Byg~. Chairman
ATTESTED TO:
- ~~~ '1,J. '-U1v~ -
Vanessa W. Young,: lerJe
362
EXHIBIT "A"
Description of real property to be conveyed to
THE WESTERN MEDICAL GROUP
BEGINNING at a stake in the center line of N.C. Highway No. 27
said stake being South 57 degrees 44 minutes 53 seconds West 165
feet from point "ll" as shown and delineated on the plat
hereinafter referred to; running thence South 32 degrees 15 minutes I
07 seconds East 465.60 feet to a stake; thence South 57 degrees 44
minutes 53 seconds West 200 feet to a stake; thence North 32
degrees 15 minutes 07 seconds West 465.60 feet to a stake in the
center line of N.C. Highway No. 27; thence North 57 degrees 44
minutes 53 seconds East 200 feet to the BEGINNING, containing 2
acres, excluding the right of way of N.C. Highway No. 27, and being
a portion of the property shown on that certain map entitled
"Property of Pineview, Inc.", made by James C. Pate, R.E., dated
May 16, 1972, and recorded in Book 17, Page 50, Harnett County
Registry.
The premises herein conveyed was conveyed to the County of Harnett
by Deed dated November 11, 974 from Pineview, Inc. to the County of
Harnett, recorded in Book 626, Page 500 of the Harnett County
Registry.
, Attachment 2.
RORTH CAROLJ:RA
BARRBTT COURTY UBlBM~
TBJ:S AGRBBK~. is entered into as of the day of
, 1993, between the COUNTY OF HARN~~~, a body politic
orgar.ized and existing pursuant to the laws of the State of North
Carolina (hereinafter sometimes referred to as the "County"), the I
SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY, a county
water and sewer district organized and existing pursuant to the
provisions of Chapter 162A, Articl~ 6 of the North Carolina
General Statutes (hereinafter sometimes referred to as the
"District"), and WOODLAKE WATER AND SEWER COMPANY, INC., a
corporation organized and existing pursuant to the laws of the
State of North Carolina (hereinafter referred to as "Woodlake").
. I T R B S S B T H :
WHEREAS, Woodlake is located in Moore County near the
Harne~t County line and is in need for a supply of treated water
to supplement its present capacity; and
WHEREAS, the District owns a water distribution system
located approximately 1.5 miles from the County line and
currently has contracted with the County for the purchase of a
sufficient quantity of water to serve its existing and potential
customers, plus additional water uses; and
WHEREAS, the County, through its Department of Public I
utilities, manages and operates the water distribution system of
the District and has contracted with the District to purchase
from it a sufficient quantity of water to provide water to
Woodlake as is herein set forth; and
WHEREAS, the County desires to sell to Woodlake, and
Wood~ake desires to buy from the County .a supply of potabl~ water
as set forth herein; and
363
WHEREAS, the District desires to enter into this Agreement
for the purpose, amonq others, of acknowledginq its consent to
connection to its system as hereinafter provided; and
WHEREAS, the parties have agreed upon the terms reqardinq
the matters mentioned above, and now desire to set forth the
I terms of their agreements;
NOW, THEREFORE, in consideration of the foregoing and the
mutual aqreements hereinafter set forth, the parties agree as
follows:
SECTION I
Connection and Point of Delivery
A. Existina Svstem in Harnett Count~. It is understood
that there currently exists a 6 inch water distribution pipeline
located in Harnett County within approximately 1.5 miles of the
Harnett County-Moore County boundary on County Line Road (SR
1l07) near Cypress Creek Church. Said pipeline is a part of the
system of the District which is operated by the County.
B. ~nection PiDeline. It is agreed that Wood lake shall
cause to be constructed and installed at its expense a water
distribution pipeline of the size of 6 inches from the meter
facility hereinbelow described in subsection C, to the existing
system of the District. Such pipeline shall beqin at said meter
I facility in Harnett County and shall run continuously from the
western margin of SR 1107, East at a distance of approximately
1,265 feet to the point where the same shall connect to the above
described existinq system. Construction and installation of the
pipeline shall be upon the'terms and conditions set forth in
Section II. permission to make connection to the existinq system
in Harnett County is hereby granted by the District, so long as
the same is accomplished pursuant to and in accordance with this
Agreement.
C. Meter Facilitv. It is agreed that Woodlake shall
cause to be constructed and installed at its expense the
necessary meterinq equipment, includinq a meter house or pit and
required devices of standard type for properly measuring the
quantity of water delivered to Woodlake. It is understood that
said meter facility shall be located approximately 1,400 feet
West of intersection of SR 1107 and SR 1103 in Harnett County on
County Line Road (SR 1107). The meter facility described in this
I subsection shall be the point of water delivery. Construction
and installation of the meter facility shall be upon the terms
and conditions set forth in Section II.
SECTION II
Construction of Connection Pipeline and Xeter pacility
Woodlake shall cause the construction of the connection
pipeline and meter facility in accordance with the following
terms and conditions:
364 A. Wood lake shall cause the connection pipeline and meter
facility to be constructed in accordance with the specifications
of the District as provided to Woodlake in writing by the Harnett
County Department of Public utilities. Woodlake shall permit
representatives of the District and County Department of Public
utilities to inspect the construction and installation of t~e
said ?ipeline and meter facility. I
B. Woodlake shall cause plans and specifications for the
described pipeline and meter facility to be completed in
accordance with standard engineering practices and procedures by
a qualified firm approved in writing by the District and Harnett
County. Wood lake shall provide copies of the plans and
specifications for approval to the District, the County, and to
the North Carolina Department of Environment, Health, and Natural
Resources.
C. Woodlake shall provide to the District and the County,
prior to the C.~.....".encement of the construction and installation of
the pipeline and meter facility, shop drawings of all materials
to be used for construction.
D. Wood lake shall obtain and acquire continuous and
adequ~te easements and rights-of-way on private lands and or. lots
sold necessary to erect, construct, install and lay, and
thereafter use, operate, inspect, repair, maintain, replace,
remove, change the size of, or otherwise protect said pipeline
and meter facility. I
E. Woodlake shall obtain and acquire permits, franchises,
and authorization of other instruments by whatsoever name
designated, from public utilities and public bodies, commissions,
or agencies as are necessary to erect, construct, install and
lay, and thereafter use, operate, inspect, repair, maintain,
replace, remove, change the size of or otherwise protect the
pipel~ne and meter facility.
1" . Woodlake shall obtain approval for the construction and
compl~tion of the pipeline and meter facility from the necessary
federal, state, and/or local governments and agencies, prior to
and/or at the time of completion.
G. Woodlake shall cause the construction and installation
of the pipeline and meter facility to be completed in accordance
with standard engineering and contracting practices and
procedures by a qualified contractor approved in writing by the
District and the County.
H. Wood lake shall provide the District and the County I
three (3) entire sets of as-built drawings, one set being
reproducible, of the completed pipeline and meter facility as
constructed and certified by the design engineer and as conveyed
to the. District as hereafter provided.
- In the event the construction and installation of the
....
pipeline and meter facility is not completed as set forth herein,
then the District and/or the County shall notify Woodlake in
writing of such fact. The District and/or the County shall
n~~ifv Woodlake in writing of the specific ways in which the
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construction does not meet the terms of this agreement. It shall 365
be the duty of Woodlake to thereafter correct the items or things
for which it has received specific written notice. Wood lake
shall have no duty to make corrections for items or things for
which it has not been notified specifically and in writing.
J. Upon completion of the construction of the pipeline and
meter facility, and upon inspection, approval and acceptance
I thereof in writing by the District and the County, Woodlake shall
convey by good and sufficient deed and/or other document of
conveyance the connection pipeline and meter facility to the
District.
K. Woodlake hereby warrants that the pipeline and meter
facility caused to be constructed by Woodlake, and thereafter
conveyed to the District as described above, shall be constructed
with good material and in a workmanlike manner and shall be
properly installed, based upon sound engineering principles and
good workmanship, and shall be capable of operating in the manner
for which it was designed.
L. If the connection pipeline or meter facility shall,
within twelve (12) months from the date of the effective
conveyance thereof by Woodlake cease to operate as warranted,
then the District shall cause the pipeline or meter facility to
be corrected and the cost thereof, including material and labor,
shall be paid by Woodlake.
M. Woodlake shall assume and agree to indemnify and hold
I harmless the District and the County of Harnett, their successors
and assigns, from and against all loss, costs, expenses including
attorneys' fees, claims, suits and judgments whatsoever in
connection with sickness, injury to or death of any person or
persons, or loss or damage to property caused by the installation
or use of said connection pipeline or meter facility during said
one year warranty period if such loss, costs, expenses, claims,
suits and judgments are the result of negligence or breach of the
warranty contained in this agreement by Woodlake.
BECTIO. III
Residential Connections to Connection Pipeline by District
A. ~a Construct~. It is anticipated that
approximately fifteen (15) residential connections shall be made
within the District during the construction of the connection
pipeline. These residential connections shall be constructed by
the D:.strict at no cost to Wood lake and these residential
customers shall remain customers of the District. Water
I connection fees for these connections will be at the initial
construction reduced rates in accordance with the District's
policies, rules and regulations. Such fees as are collected
shall be retained by the District.
B. Connect1Qns after Accentance of Connection Pineline.
It is agreed that after the construction of the connection
pipeline has been completed and accepted by the District, for a
term of five (5) years from the date of acceptance by the
District any water connection fees generated by connection to the
pipeline constructed by Woodlake pursuant to this Agreement shall
366
be shared between the District and Woodlake on a 50% - 50% basis.
The water connection fees shall be at the then standard and
current retail rate of the District according to its Rules and
Regulations. The customers served by the connections shall be
and remain customers of the District. After five (5) years from
date of acceptance, all connection fees to the pipeline shall be
retained by the District. I
SBCTIO. IV
Transmission Pipeline ~o Woo4lake's service Area
A. Construction and ODeratio~. Woodlake shall be
responsible for the installation, construction, operation and
maintenance of all water transmission and distribution pipelines
and mains, together with all appurtenances related thereto
located from the meter vault to the point of delivery in the
Woodlake system. Woodlake shall also be responsible for the
installation, construction, operation and maintenance of all
related appurtenances necessary to transport water from the point
of delivery to Woodlake's service area.
B. OwnershiD. The water transmission and distribution
pip€lines and mains, and all appurtenances related thereto
des~ribed in subsection A above shall be and remain the property
of Wood lake and as such, Woodlake may operate, maintain, manage,
regulate and control the same with all of Woodlake's rights,
authorities, or privileges granted by law. I
SBCTION V
Cross cODDec~ions
A. El:Qhj.bi t:iJm. Woodlake agrees that upon and after the
date the connection is made from -the existing system in Harnett
County to the connection pipeline, Woodlake shall allow no cross
connection or connections to exist between any water system(s) it
owns, operates, or is otherwise connected to, and to any pipeline
carrying substances not in compliance with all applicable
dririing water quality standards as set forth in the regulations
of the Division of Environmental Health, North Carolina
Department of Environment, Health, and Natural Resources.
Further, Woodlake shall allow no connections to other new sources
of water, except Woodlake may make connections to other new
sources of water when such sources are .......ed and operated by a
local government unit and such unit operates the same pursuant to
and in compliance with all applicable federal and state laws,
rules and regulations. I
B. Indemnification. Woodlake hereby agrees to indemnify
and hold harmless Harnett County and/or the District from and
against all loss, costs, expenses including attorneys' fe€s,
claims, suits, and judgments in connection with any sickness,
inj~ry to, or death of any person or persons or damage to
property resulting from the negligence of Woodlake in fulfilling
the terms of subsection A above.
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SECTION VI 367
wat.r Sale to Woo4lak.
The County agrees to sell water to Wood lake and Wood lake
agrees to buy water from the county pursuant to and in accordance
with the following terms, conditions and procedures:
A. Qualitv and Quantity. The County agrees to furnish
Woodlake at the point of delivery specified above potable treated
I water meeting all applicable water quality standards of the
Division of Environmental Health, Department of Environment,
Health, and Natural Resources of the state of North Carolina, in
such quantity as may be required by Woodlake not to exceed one
hundred forty-four thousand (144,000) gallons per day with a
maximum withdrawal of 100 gallons per minute draft rate, and not
less than fifteen thousand (15,000) gallons per day. The County
also agrees to furnish Woodlake with copies of all required water
quality reports at the same time such reports are filed with the
North Carolina Department of Environment, Health, and Natural
Resources, or with any other state agency. The County agrees to
indemnify and hold harmless Woodlake from and against all loss,
costs, expenses including attorneys' fees, claims, suits, and
judgments for damage to property or injury or death to a person
or persons caused by the County's breach of this subsection,
except for damages for failure to furnish water as agreed upon
which results in property damage by reason of fire.
I B. eress~. The water will be furnished to Wood lake at
the point of delivery at a reasonable constant pressure
c~lculated at fifty (50) pounds per square inch. If a greater
pressure than that normally available at the point of delivery is
required by Woodlake, the costpf providing such greater pressure
shall be borne by Woodlake.
C. Imerae~v Failure. Emergency failures of pressure or
supply due to a main supply line break, power failure, flood,
drought, fire, use of water to fight fire, earthquake or other
catastrophe shall excuse the County and/or Woodlake from the
provisions of this section for such reasonable period of time as
may be necessary to restore services.
D. ~eter Facilitv a~eterinq. The County agrees to
operate at its own expense the meter facility described in
Section I hereof, and subject to any rights it may have in any
warranty, to maintain the same, and to calibrate such metering
equipment whenever requested by Woodlake, but not more frequently
than once every twelve (12) months. A meter registering not more
I 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
iL the corresponding period immediately prior to the failure,
unless the County and Wood lake shall agree upon a differ~nt
a~ount. The metering equipment shall be read on the first day of
368 each month. An appropriate official of Woodlake shall have
access to the meter facility for the purpose of verifying its
readings at all reasonable times.
E. Billina Procedure. The County will furnish Woodlake
not later than the tenth (10th) of each month an itemize~
statement of the amount of water delivered to Woodlake d'~ring the
pr~::eding month.
F. ~ates and Pa~nt Date. Wood lake aqrees to pay the I
County, not later than the twentieth (20th) day of each month,
the rate for water delivered as set forth on the schedule of
rates, as adopted from time to time by the District or the
County, for bulk municipal customers, plus a surcharqe of $0.50
per 1,000 gallons of water delivered. This rate, including the
surcharge, is currently $1.85 per 1,000 gallons of water
delivered and shall so remain until June 30, 1994, when the same
shall be subject to adjustment. The minimum rate shall be that
charge as calculated under such current schedule of rates for the
amount of fifteen thousand (15,000) gallons per day, plus a
su~charge of $7.50. The minimum rate shall first become payable
to the County from Woodlake, upon billinq, no later than 30 days
af~er the date that the connection pipeline and meter facility
have been accepted by the District. All surcharqes collected by
the County above and beyond the rate for bulk municipal services
shall be placed into an insured capital Reserve Fund by the
County. This Fund shall remain under the ownership of the County I
until paid to Woodlake. The balance in the Fund shall be held by
the County until the end of each calendar year or until the value
of the fund reaches $2,500, whichever occurs first, at which time
all riqhts of ownership and con~rol in such Fund balance shall be
transferred immediately from the County .to Woodlake. S1,;ch
pa:rment will be treated by Woodlake as a partial reimbursement
for the facilities constructed to connect Woodlake to th~ County
system.
G. Water for Testinq. When requested by Woodlake, the
County will make available to Woodlake and/or its contractor(s)
at the point of delivery or to other points reasonably close
thereto, water sufficient for testinq, flushinq, and filling the
connection pipeline, the transmission pipelines or mains to the
service area of Woodlake durinq construction, irrespective of
whether metering equipment has been installed at the time.
Charges for this water shall be calculated at a rate of $1.35 per
1,000 qallons delivered. Such charges shall be paid by ~oodlake
a~d/or its contractor(s). I
H. Term. Subject to the provisions of this Parac..::aph, the
t~~iD of this Agreenent relative to the sale of water to Wood lake
s:._'3.ll extend for a term of five (5) years from the date of the
initial delivery of any water as shown by first bill submitted by
the County to Woodlake and, thereafter may be renewed or extended
for such term, or terms, as may be mutually aqreed upon by the
county and Woodlake.
In addition, it is understood by the parties that the
connection pipeline constructed pursuant to this Aqreement is an
interim connection until such time as the Moore county Water and 369
Sewer Authority extends its transmission line to the Woodlake
Water System. This Agreement shall terminate one (1) year from
the date of written notification to the .parties by the Moore
County Water and Sewer Authority that it shall extend a
transmission line to the Woodlake System and provide water
service within one (1) year. If Moore County shall fail to
I provide service within one year after such notice, then the
obligations in effect under this agreement shall remain in place
on a month to month basis until Moore County can provide such
service.
I. Initial Delivery. Thirty (30) days prior to the
estimated date of completion of construction of the water
pipeline or main which shall connect to the meter facility,
Woodlake will notify the Department of Public utilities of
Harnett County in writing of the date for the initial delivery of
water.
J. Failure to Delive~. The County and the District will,
at all times, operate and maintain the system in an efficient
manner and will take such actions as may be necessary to furnish
Wood lake with quantities of water required by Woodlake, up to the
maximum above set forth. Temporary or partial failures to
deliver water shall be remedied by the County and/or the District
with all possible dispatch. In the event of an extended shortage
I of water, or in the event the supply of water available to the
County and/or the District is otherwise diminished over an
extended period of time, the supply of water to Woodlake's
consumers shall be reduced or diminished in the same ratio or
proportion as the supply to the District's consumers is reduced
or diminished. The County and the District hereby agree to hold
harmless Woodlake from and against all loss, costs, expenses
including attorneys' fees, claims, suits, and judgments in
connection with any damage to property or injury or death to any
person or persons if such loss, costs, expenses, claims, suits
and judgments are the result of negligence or intentionally
wrongful acts by the County and/or the District in fulfilling the
terms of this section except for damages to property by reason of
fire due to failure to furnish water as agreed upon. This
paragraph is subject to the provisions of Section VI, Paragraph C
"Emergency Failure" set forth above.
K. Modification of Rates. The provisions of this Agreement
pertaining to the schedule of rates to be paid by Woodlake are
I 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 the
District's water distribution system, except when such
capitalization is non-donated and relates directly to increasing
the District's capacity to provide services to Woodlake. Such
costs may include increased capitalization of Harnett County's
water production faclli ty At.'l.d the D i..str let. '. storage facilities.
370
SECTION VII
Resale of Water
A. ~esDonsiU1lities of Woodla~. It is the understanding
of the County that Woodlake will resell the water delivered to it
pursuant to this Agreement. Unless otherwise agreed by the
parties hereto, the sale of such water and all matters associated
therewith, including but not limited to the following matters, I
shall be the sole responsibility of Woodlake:
1. The operation and maintenance of any water system
owned and/or operated by Woodlake.
2. The establishment and setting of all rates, fees,
and other charges for water connections made to
and services provided by Woodlake with respect to
any water system owned and/or operated by
Woodlake.
3. The billing and collection of all rates, fees, and
other charges for water connections made to and
services provided by Wood lake with respect of any
water system owned and/or operated. by Woodlake.
4. The administrative, legal or any other costs
associated with any water system owned and/or
operated by Woodlake.
B. Indemnification. Woodlake shall and hereby does
indemnify and hold harmless the County and/or the District from I
and against all costs, loss, expenses (including attorney&'
fees), claims, suits, and judgments whatsoever in connection with
any and all liability resulting from the negligence or
intEntionally wrongful acts of Wood lake or its officers, ~gents,
and amployees in performing the responsibilities of Woodlake as
stated in subsection A above.
C. Limitatio~ on Resal~. Unless otherwise agreed by the
County and the District, the resale of water by Woodlake as
herein set forth shall be limited to resale to customers of
Woodlake served through water distribution facilities owned
and/or operated by Woodlake, and water bought by Woodlake
hereunder shall not be resold by Woodlake to any person,
partnership, corporation, firm, business, unit of local
government and/or any other entity who/which shall after s~ch
purchase from Wood lake again resell such water.
SECTION VIII
Water Transmission By District I
or County through Wood lake Water system
It is agreed by the parties that the District or County
shall have the right at no cost to the District or County, to
cause water to pass through the water system of Woodlake in such
amounts as may be necessary to serve potable water to customers
in the western portion of the District. The metering equipment
shall be maintained by the District.
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371
8BC'I'IOB IX
General provisions
A. Modification of Aareement. The provisions of this
agreement may be modified or altered by the mutual written
agreement of the parties hereto.
I B. Bindina Aareement. The covenants and agreements
contained in this Agreement are binding on the parties hereto and
their successors, assigns and legal representatives.
C. Breach bv P~hase~. In the. event Woodlake shall
breach its agreements hereunder or fail to take such actions as
specified, neither the County nor the District shall have any
further obligation to Woodlake hereunder. This provision in no
way diminishes or prejudices any other rights or remedies of the
County or the District regarding any breach of- this Agreement.
D. Breach bv Sellers. In the event either the District or
the County shall breach their agreements hereunder or fail to
take such actions as specified, Woodlake shall not have any
further obligation to either the County or the District
hereunder. This provision in no way diminishes or prejudices any
other rights or remedies of Woodlake regarding any breach of this
Agreement.
E. Reaulato~aenc~. This Agreement is subject to such
rules, regulation, statutes and/or laws as may be applicable to
I 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.
F. Other Details. 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 like, appropriate representatives of the parties
may collaborate and mutually agree upon such matters without need
for the amendment or modification hereof.
F. Notices. Any notice to be given hereunder to Wood lake
shall be made in writing and mailed by first class mail to
Woodlake Water and Sewer Company, Inc. at the following address:
Post Office Box 648
Vass, North Carolina 28394
Any notice to be given hereunder to the County or the
I District shall be made in writing and mailed by first class mail
to the County of Harnett and/or Southwest Water and Sewer
District of Harnett County (whichever the case may be) at the
following address:
Post Office Box 1119
Lillington, North Carolina 27546
H. Authoritv. Woodlake, the county, and the District
represent and warrant, each to the others, the existence of all
capacity, authority, resolutions and actions necessary to execute
the Agreement.
372
I. TriDlicate Oriainals. This Aqreement is executed in
triplicate oriqinals, one of which is retained by each party
hereto.
Executed by Southwest Water and Sewer District of Harnett
County, this the .J:J+". day of 'J) e. c:.. e. W\ bt.l"" , 1993.
SOUTHWEST WATER AND SEWER I
DISTRICT OF HARN~~~ COUNTY
[SEAL] BYd"( ~
B.L. Satrell, J. ,
Chairman of t~arnett County
Board of Commissioners Sittinq
as the Governinq Body of the
Southwest Water and Sewer District
AZT:
- "'-"-'..1~ 'iJ. '7'J\"'A~
Vanessa W. YOunq,~lerk the
Board and of the strict
Executed by the County of Harnett, this the 13~ day of
J)e-Lt."'>>....- , 1993.
C07~~
[SEAL] BY: ' I ~
H:L.' sorrel~r:'-
Chairman, B d of Commissioners
of Harnett County
Art:
1tL.~ '(J.~~/ I
Vanessa W. Younq U
Clerk to the Board
Executed by the Woodlake Water and Sewer Company, Inc., this
the day of , 1993.
WOODLAKE WATER AND SEWER COMPANY, INC.
[SEAL] BY:
Attest:
I