03211996
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HARNETT COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING, MARCH 21, 1996
The Harnett County Board of Commissioners met in special session
on March 21, 1996, in the Harnett County Office Building, 102
East Front Street, Lillington, North Carolina.
Members present: H. L. Sorrell, Jr., Chairman
Beatrice B. Hill, Vice Chairman
Dan B. Andrews
Joseph T. Bowden
Walt Titchener
Staff present: Neil Emory, County Manager .
Al Bain, Public Utilities Attorney
Vanessa W. Young, Finance Officer
SOUTHWEST W & S Chairman Sorrell called the meeting to order at 9 a.m. and stated
that the Board would first consider certain items sitting in its
capacity as governing body of the Southwest Water and Sewer
District of Harnett County. Minutes of that segment of the
meeting are attached as "Attachment 1". Chairman Sorrell closed
the Southwest Water and Sewer District portion of the meeting.
CONTRACT WITH Commissioner Bowden moved for the County to enter into an
WESTERN HARNETT agreement with Western Harnett Youth Recreation Association, Inc.
Commissioner Andrews seconded the motion and it passed with a
RECREATION unanimous vote. (Attachment 2 r
Commissioner Bowden made a motion that the Board of Commissioners
CLOSED SESSION go into closed. session pursuant to N.C.G.S. 143-318.11(a)(5) to
discuss acquisition of real property. Commissioner Andrews
seconded the motion and it passed with a unanimous vote.
Commissioner Hill moved that the Board come out of closed
session. Commissioner Andrews seconded the motion and it passed
with a unanimous vote.
CONTRACT WITH Commissioner Titchener moved for approval of a contract with
PATTEN CORP Patten Corporation with final revisions to be reviewed by the
. Public Utilities Attorney, Chairman of the Board of
Commissioners, and the County Manager. Commissioner Bowden .
seconded the motion and it passed with a unanimous vote.
(Attachment 3)
ADJOURNMENT There being no further business, Commissioner Bowden made a
motion to adjourn. Commissioner Hill seconded the motion and it
passed with a unanimous vote. The Harnett County Board of
Commissioners special meeting, March 21, 1996 duly adjourned at
10:00 a.m.
/~~/chairman
/(tUt ,to ~1'J, tv1.d
Kay ~. Blanchard
Clerk to the Board
Attachment 1.
EXTRACTS FROM Ml:AII... BS 01'
BARNETT, SITTING AS" ......:, GO~~~~BC: B~~~ISSIOBERB 01' .....2 CODB'l'Y 01'
".;:....~.." W'l'RICT OP e..2!.. ....2 BO.. .......MBT UTBR AIm
· -~~ CO"..... .
The Board of Corrmissioners of the County of Harnett sitt' h
bod ' lng as t e governin
y of the Southwest Water & Sewer District of Ha g
. rnett County, convened in a
specl.al set ting dUrin ' , ,
g It s meetlng held on March 21 1996
in th ' , at 9:00 O'clock a.m.
e Harnett County Office Bu'ld'
1 l.ng, 102 East Front Street Lill' t
North Ca l' , l.ng on,
ro lna.
Board Members present were' H L
. . . . Sorrell, Jr. (Chainnan) Walt Tit hn
Beatnce Baile Hill ' c er,
y , Dan B. Andrews and Joseph T. Bowd N
en. 0 members were absent.
* * * *
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Commissioner Titchener moved that the Board of
commissioners of the County of Harnett, Eitt~~q as the governing
body of the Southwest Water and Sewer District of Harnett county,
proceed to hold a public hearing on the question of whether the
maximum time period for issuing bonds and bond anticipation notes
. under the bond order entitled "BOND ORDER AUTHORIZING THE
ISSUANCE OF $4,500,000 WATER BONDS OF THE SOUTHWEST WATER AND
SEWER DISTRICT OF HARNETT COUNTY," adopted by the Board of
commissioners of the County of Harnett, sitting as the governing
body of the District, on March 6, 1989, should be extended from
seven to ten years. The motion was seconded by
Commissioner Andrews and was unanimously adopted.
At 9:00 o'clock, 11.m., the Chairman of the governing
body of the District announced that the Board of Commissioners of
the County of Harnett, sitting as the governing body of the
District, would hear anyone who wished to be heard on the
question of the above authorization extension.
After the Board of commissioners of the County of
Harnett, sitting as the governing body of the District, had heard
. all persons who requested to be heard, Commissioner Sorrell
moved that the public hearing be closed. The motion was seconded
by Commissioner Andrews and was unanimously adopted.
Commissioner Bowden presented the following order
and moved that it be adopted:
"ORDER EXTENDING THE MAXIMUM PERIOD DURING
WHICH BONDS AND BOND ANTICIPATION NOTES MAY
BE ISSUED UNDER A BOND ORDER ENTITLED 'BOND
ORDER AUTHORIZING THE ISSUANCE OF $4,500,000
WATER BONDS OF THE SOUTHWEST WATER AND SEWER
DISTRICT OF HARNETT COUNTY,' ADOPTED BY THE
BOARD OF COMMISSIONERS OF THE COUNTY OF
HARNETT, SITTING AS THE GOVERNING BODY OF THE
SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT
COUNTY ON MARCH 6, 1989"
WHEREAS, the Board of commissioners of the County of
Harnett, sitting as the governing body of the Southwest Water and
Sewer District of Harnett County (the "District"), has filed an
. application with the Local Government Commission requesting an
extension of the maximum period during which bonds and bond
anticipation notes may be issued by the District pursuant to a
water bond order adopted by said Board on March 6, 1989 from a
period of seven years to a maximum period of ten years expiring
on April 25, 1999; and
WHEREAS, the Commission has entered an order approving
said proposed extension; and
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338
WHEREAS, the Board of commissioners of the county of
Harnett, sitting as the governing body of the District, has held
a public hearing on said proposed extension as required by G.S.
159-64: NOW, THEREFORE,
BE IT ORDERED by the Board of commissioners of the
County of Harnett, sitting as the governing body of the District,
as follows: .
section 1. The maximum period of time during which
bonds and bond anticipation notes may be issued by the District
pursuant to the water bond order adopted by the Board of
commissioners of the County of Harnett, sitting as the governing
body of the District, on March 6, 1989 shall be extended from
seven to ten yea~=, =~=h ten-year period to expire on April 25,
1999.
Section 2. This order shall take effect 30 days after
its publication following adoption as provided by G.S. 159-64.
The motion was seconded by Commissioner Hill and the order
was adopted by the fOllowing vote:
AYES: 5
NAYS: 0 .
Commissioner Hill moved that the Clerk of the
Board of Commissioners of the County of Harnett and of the
District be authorized and directed to publish the above order
with an accompanying notice of adoption in the form required by
law.
Commissioner Andrews seconded the motion and the
motion was unanimously adopted.
Attachment 2.
NORTH CAROLINA
AGREEMENT
HARNETT COUNTY
.
THIS AGREEMENT, entered into this the day of March 1996 between the
County of Harnett, a body politic and corporate existing under the laws of the State of North
Carolina (hereinafter "County") of P. O. Box 759, Lillington, N. C. 27546, and Western
Harnett Youth Recreation Association, Inc., a North Carolina non-profit corporation
(hereinafter "Association") of Route 6, Box 729, Sanford, N. C. 27330.
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WIT N E SSE T H:
WHEREAS, the Association was organized in order to offer a planned, supervised,
athletic and recreation program for the youth.of western Harnett County; and
WHEREAS, the County owns and maintains the Barbecue Creek County Park
(hereinafter "Facility") where the youth athletic programs are held for that area of the County;
the County also provides funding for recreation in the western section of the County; and
. WHEREAS, the parties desire through this agreement to establish a working relationship
whereby their respective resources can be joined to provide a cohesive youth recreation program
for the rapidly developing western Harnett County area.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein set forth, the parties contract and agree as follows:
I. DUTIES OF THE COUNTY:
The County agrees to:
A. Reserve on a priority-use basis times for practice, games, tournaments and
special events at the above named Facility in accordance with the schedule
submitted by the Association and approved by the County Parks and
Recreation Department. The schedule will list fields, times, and days for
all activities for the year. This schedule may only be changed by written
permission of the County Parks and Recreation Department, in advance
of the proposed change(s).
B. Maintain the athletic fields and surrounding facilities and grounds. These
facilities include:
. 1. All turf areas, clay infields, fences and fence lines.
2. All irrigation systems and drainage systems.
3. All ballfield lighting systems.
4. All buildings, including plumbing, electrical, mechanical and
structural repairs.
5. All surrounding areas, including parking areas and roads, grounds,
picnic facilities and playgrounds.
C. Conduct routine inspections of the Facility.
D. Pay for the utility costs for lighting and water at the Facility for the times
listed on the schedule submitted by the Association; this payment shall be
subject to an annual cap as set forth in the Special Conditions section of
this Agreement.
E. Schedule use of the Facility at all other times not specified in this
Agreement.
F. In performing the above listed duties, if the County should damage any of
. the athletic equipment of the Association, then the County shall be
responsible to replace or compensate the Association for the same.
II. DUTIES OF THE ASSOCIATION:
The Association, in consideration of the above, agrees to the following:
A. Provide full organization, administration and supervision of the athletic
program listed herein, including scheduling of all practices, games,
tournaments and special events.
B. Make the program available to the general public, ensuring general access
to the public without regard to race, color, religion, national origin, sex
or socio-economic standing.
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c. Provide the County with the names and telephone numbers of two (2)
persons who can be contacted by the County when needed for routine as
well as emergency contact.
D. Provide the necessary equipment for the provision of the program. Such
equipment would typically include bases and pitcher's plates, goals, field
marking material, field marking machines, and any other equipment not
considered a pennanent structure affixed to the Facility.
E. Prepare and sell food and beverages from designated concession areas,
should the Association so desire, provided that the Association has
obtained all necessary State and County pennits for the sale and serving
of same. A copy of the valid penn its shall be submitted to the Harnett .
County Parks and Recreation Department upon issuance.
F. Abide by any and all County ordinances, all applicable State laws, and
any and all policies of Harnett County and the Harnett County Parks and
Recreation Department. This also includes enforcement of the ban on
concealed handguns on .County property.
G. To not knowingly allow any person to conduct any activity which is
illegal.
H. Monitor and accept responsibility for the conduct of all participants and
spectators, including the removal of persons whose activities are a
nuisance and bother to other persons present at the Facility.
I. Not erect any signs, poles, tents or any structure without prior approval
of the Harnett County Parks and Recreation Department.
J. Assume responsibility for security of the premises with keys provided to
the Association by the County. The Association further agrees to take
effective measures to eliminate the duplication and unauthorized use of
these keys.
K. Provide to the Harnett County Board of Commissioners an annual written
report and comprehensive audit. The County auditors will be provided for .
this audit requirement. This report should focus on numbers of
participants and spectators, conditions of the Facility, suggestions for
improvements to the Facility, perfonnance by the County Parks and
Recreation Department staff and general observations which will enhance
the Facility and the program. The report shall also list any Association
fees and shall include the Association's budget for the upcoming year.
L. In perfonning the above listed duties, if the Association should damage
the Facility in any way, then any repair costs shall be deducted from the
Association's quarterly funding by the County.
III. SPECIAL CONDITIONS:
Any SPECIAL CONDITIONS which are necessary due to the unique qualities of
the Facility or the special requirements of a particular program shall be included
in " Appendix 'A,' SPECIAL CONDITIONS. " All such SPECIAL
CONDITIONS shall be renewed annually along with this AGREEMENT.
IV. INDEMNIFICATION AND INSURANCE:
A. The Association agrees to indemnify, defend and save hannless the
County, its agents, officers and employees from and against any and all
liability and expense, including attorney's fees, and claims for damages
including, but not limited to, bodily injury, death, personal injury, or .
property damages arising from or in connection with the Association's
operations or its activities carried on under this Agreement. The
Association's duty to indemnify the County shall survive the expiration or
other tennination of this Agreement.
B. The Association shall provide and maintain at its own expense during the
tenn of this Agreement the following programs of insurance covering its
operations. Such insurance shall be provided by insurer(s) satisfactory to
the County. Evidence of such programs satisfactory to the County shall
be delivered to the County Manager on or before the effective date of this
Agreement. Such evidence shall specifically identify this Agreement and
shall contain express condition that the County is to be given written
notice of at least thirty (30) days in advance of any modification or
tennination of any program of insurance.
~41
Required Insurance Program(s):
Commercial General Liabilitv. Including coverage for contractual liability
assumed under provisions of this Agreement. The policy shall provide
liability limits at least in the amount of One Million Dollars
($1,000,000.00) per occurrence, combined single limits, applicable to
claims due to bodily injury and/or property damage. Harnett County shall
be named as an additional insured under this policy.
. V. METHOD OF PAYMENT:
Upon the proper execution of this Agreement by both parties and the procurement
of proper insurance coverage as set out in Section IV, the County shall disburse
to the Association recreation funding in the amount of $8,125.00 which represents
a quarterly funding for April-June 1996.
Subject to budgeting by the County for the 1996-1997 fiscal year, $32,500.00
shall be paid to the Association for recreation purposes for the 1996-1997 fiscal
year; this annual amount shall be disbursed in $8,125.00 quarterly payments.
All future annual funding shall be subject to the renewal of this Agreement by the
parties and the budgeting of this item by the County.
VI. TERM:
A. The term of this Agreement shall begin upon its adoption and will
conclude on June 30, 1996; this Agreement shall be automatically renewed
for the 1996-1997 fiscal year (July 1, 1996 to June 30, 1997).
B. This Agreement may be subsequently renewed on a fiscal year basis
pending any additional negotiations desired by either party.
C. Either party may terminate this Agreement with notice of sixty (60) days.
. VII. DEFAULT:
A. Should it be determined that the Association has willfully violated the
terms of this Agreement, the County has the right to effect immediate
termination of this Agreement, and to refuse any future use of the Facility
by the Association and to terminate any funding payments.
B. Should such action be taken, the Associations has the right to appeal this
decision to the Harnett County Board of Commissioners.
IN WITNESS WHEREOF, the parties have duly executed this agreement.
COUNTY OF HARNETT
ATTEST: H. L. Sorrell, Jr., Chairman
Kay Blanchard, Clerk
. WESTERN HARNETT YOUTH
ilTION :~.7lTION' INC
ATTEST: Steve McNeill, esident
Secretary
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3 4. / Au I!.NDIX 'A'
SPECIAL CONDITIONS
The following "SPECIAL CONDITIONS" apply to this Agreement. These conditions. are in
effect for the duration of this Agreement and are to be renewed annually along With the
Agreement itself.
SPECIAL CONDITIONS:
1. There shall be a $3,000.00 annual (fiscal year) cap on all utility bills (electricity .
and water) that the County shall be responsible to pay at the Facility. At such
time that the cap is exceeded then the Association shall be responsible to pay any
utility cost over the cap amount.
2. All bases, homeplates, pitcher plates, soccer goals, temporary fences, etc. shall
be removed by the Association from the Facility within five (5) days of the last
scheduled game.
3. Water and electricity will be shut off and not available at the Facility from
November 30 through March 31 of each year.
4. All scheduled Western Harnett Senior High School Athletic events at the Facility
shall have first priority.
5. The County will provide trash containers at the Facility and will have trash
hauled off; however, it will be the Association's responsibility to insure that trash
is picked up and that the Facility is free of litter.
For Harnett County Date
5!r~ /Hr~1 JI f/~J1h .
For Associat166. ,~l v Da~ /
Attachment 3.
NORTH CAROLINA
HARNETT COUNTY AMENDMENTS TO AGREEMENT
DATED SEPTEMBER 20, 1993
THESE AMENDMENTS TO THE AGREEMENT DATED SEPTEMBER 20, 1993 are made and
entered into this the day of March, 1996 by and between PATTEN CORPORATION,
a Massachusetts Corporation authorized to do business in the State of North
Carolina, with offices located at Route 6, Highway 87 South, Sanford, Harnett
County, North Carolina 27330 (hereinafter referred to as "the Corporation") and
SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY, a county water and sewer
district organized and existing under the provisions of Chapter l62A, Article 6
of the North Carolina General Statutes, with its administrative offices located
on East Front Street, Lillington, North Carolina 27546 (hereinafter referred to
as "the District").
WIT N E SSE T H: .
WHER~S, the Corporation and the District entered into an Agreement dated
20 September 1993 providing for, among other things, expansion of the existing
wastewater facility owned by the District; and
WHEREAS, the Corporation and the District desire to amend the previous
Agreement such that the Corporation shall pay to the District a sum of money in
lieu of performing certain obligations set forth in said Agreement; and
WHEREAS, the Corporation and the District desire to set forth the terms and
conditions of the Amended Agreement;
NOW THEREFORE, in consideration of the mutual representations, warranties,
covenants, and agreements contained herein, and for good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
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SECTION ONE - PAYMENT OF MONETARY CONSIDERATION TO THE DISTRICT
The Corporation contracts and agrees to pay to the District the total sum
of $800,000.00. The Corporation shall pay the sum of $575,000.00 to the District
within forty-five (45) days of the execution of this agreement. The Corporation
shall also execute and deliver simultaneously with the execution of this
agreement a Promissory Note and a first Deed of Trust on other real estate owned
by the Corporation in Harnett County in the amount of $225,000.00 to secure the
payment of that sum to the District when needed for the purchase of additional
land to be used for sewer spray irrigation.
. The $225,000.00 shall be paid to the District at the closing of the
purchase of the additional land by the District for use in spray irrigation. The
District shall give the corporation thirty (30) days written notice of the date
of closing. The thirty (30) days shall begin upon the date of mailing of the
notice to the Corporation.
The District contracts and agrees to construct the expansion of the
existing wastewater treatment facility as set forth in the Agreement dated
September 20, 1993 to accommodate and adequately treat the sewer effluent from
the development of 343 residential lots in Carolina Lakes Phase VII, 286
residential lots in Carolina Lakes Phase VI, and 392 lots in the Carolina Hills
subdivision. It is agreed that the District will proceed forth to have such
wastewater treatment facility expanded and completed. The District will endeavor
to complete expansion of the wastewater treatment facility by December 31, 1997.
SECTION TWO - CONVEYANCE OF REAL ESTATE
The Corporation agrees to convey to the District by general warranty deed
free and clear of all encumbrances ten (10) acres of land suitable for the
construction of a facultative pond wastewater treatment facility to supplement
and expand the existing wastewater treatment facility. Suitability of the land
for such purpose shall be determined prior to conveyance by the District's
engineer.
It is anticipated that these ten (10) acres shall be a portion of the 23.74
acres of land as shown upon the attached schematic drawing. The District shall
designate ovt of this 23.74 acre tract the ten (10) acres to be conveyed to it
by the Corporation. The Corporation shall convey the ten (10) acres so
. designated to the District within ten (10) days of the designation.
The Corporation agrees to acquire the specified ten (10) acres from the
current owner of the 23.74 acre tract to convey to the District or the
Corporation shall otherwise provide a suitable ten (10) acres to the District.
If the ten (10) acres conveyed to the District is not contiguous to the
existing wastewater treatment facility, then the Corporation shall convey to the
District suitable easement to provide access to such land.
SECTION THREE - ACCESS TO EXISTING FACILITY
The Corporation shall convey to the District suitable access to the
existing wastewater treatment facility by easement or fee simple absolute to
enable the District to operate and expand the facility.
SECTION FOUR - EXPANSIONS OF COLLECTION FACILITIES
It is understood that the District shall have no obligations whatsoever to
lay, install and/or construct any new or additional sewer pipelines, laterals or
other related sewerage collection facilities in the existing Carolina Lakes or
Carolina Hills Subdivisions as they now exist. The District agrees to provide
sewerage treatment service to areas where new or additional sewer pipelines,
laterals or other related collection facilities have been constructed in the
existing Carolina Lakes or Carolina Hills Subdivisions or on property in the
planned development for Carolina Lakes Phases I, II, III, IV, V, VI, VII and
Carolina Hills Subdivision, but only in the event the same have been installed
and constructed by some person or entity other than the District in accordance
. with the then applicable policies, rules, and regulations of the District, the
Harnett County Department of Public Utilities and/or the County of Harnett;
The District shall accept the daily flow from those lots in Carolina Lakes
and Carolina Hills Subdivisions, without payment of any tap fees, special
assessments, or impact fee other than the monthly fee set by the District for all
customers for processing waste. It is the intent of this paragraph that neither
the Corporation nor its successors and assigns shall be required to pay any feeS,
other than the monthly fee to the District for accessing into the sewer system
and disposing of wastewater from any residence constructed in Carolina Lakes
Subdivision and. Carolina Hill Subdivision provided that the service connections
have been constructed by the Corporation, its successors, or assigns. This
paragraph does not preclude assessment to customers of deposits, late fees,
reconnection fees, or other such fees as may from time to time be established by
the District.
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344,
The Corporation shall convey to the District all sewer lines along with
permanent easements and rights-of-way twenty (20) feet in width along all sewer
lines where such twenty (20) foot width is possible and in all instances a right-
of-way of at least fifteen (15) feet for the purpose of operation, insp~cting,
repairing, maintaining, replacing, removing, changing the size of, or otherwise
taking care of the sewer line that is installed.
.
SECTION FIVE - METERING OF INFLUENT FLOW
The Corporation shall maintain the current on-going temporary metering of
its influent flow of wastewater into the wastewater treatment plant until a
permanent meter is installed and accepted by the State of North Carolina,
Division of Environmental Management and the Harnett County Department of Public .
Utilities. The permanent meter is to be furnished and installed by the
Corporation at its expense.
SECTION SIX - AGREEMENT AS TO CONNECTIONS
The District agrees and warrants to the Corporation, its successors, and
assigns, that it will reserve, maintain and provide for sufficient wastewater
treatment facility to take care of all of the lots which have been developed and
for all planned development for Carolina Lakes Phases I, II, III, IV, V, VI, VII,
and the Carolina Hills Subdivision. The District contracts and agrees to save
the Corporation, its successors, and assigns, harmless from any damages by reason
of its failure to maintain and provide wastewater treatment for all lots
presently developed and for all planned development above mentioned. The
District contracts and agrees to defend the Corporation, its successors, and
assigns, from any costs or expenses which the Corporation may incur by reason of
the failure of the District to provide wastewater treatment as herein agreed
upon.
SECTION SEVEN - BUFFER
The District shall erect security fencing around the perimeter of the
wastewater treatment facility and lagoons. For aesthetic purposes, the District
shall plant an evergreen buffer between the Corporation's property and the
fencing.
SECTION EIGHT - REPAIR OF DAM
The Corporation has repaired all known existing leaks in the dam of the .
wastewater treatment lagoon. The Corporation further contracts and agrees to
warrant the condition of such dam and to provide for its repair for a period of
one year following the execution of this Agreement.
SECTION NINE - GENERAL PROVISIONS
A. The Covenants and agreements contained in this Amendment are binding
on and shall inure to the benefit of the parties hereto and their successors,
assigns, and legal representatives.
B. The Agreement dated September 20, 1993 by and between the parties to
this Agreement shall remain in full force and effect except as specifically
herein amended.
C. Any notice or designation required to be given hereunder by the
District to the Corporation shall be made in writing and mailed by First Class
Mail to the Corporation at the following address:
.
The computation of time for any matter related to notice or designation
shall begin on the date of the mailing of any such notice or designation.
D. This Amended Agreement shall be governed by and interpreted in
accordance with the laws of the State of North Carolina.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly .
executed to be duly executed on the date and year written above.
PATTEN CORPORATION
By:
Title
Attest:
(Seal/Stamp)
Secretary
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SOUTHWEST WATER AND 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 Southwest Water and
Sewer District
.
Attest: .
(Seal/Stamp)
Kay S. Blanchard, Clerk
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