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10201997 ---..-----~- -~ _~_____r___~~~ _y____,_, _~ __~ 802 HARNETT COUNTY BOARD OF COMMISSIONERS Regular Board Meeting October 20, 1997 The Harnett County Board of Commissioners met in regular session on Monday, October 20, 1997 in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Dan B. Andrews, Chairman . Beatrice Bailey Hill, Vice Chairman Joseph T. Bowden Teddy J. Byrd Walt Titchener Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Vanessa W. Young, Finance Officer Kay S. Blanchard, Clerk to the Board Chairman Andrews called the meeting to order at 7:00 p.m. and led the pledge of allegiance and prayer. Commissioner Hill moved to approve the agenda as published with the addition of discussion of proposed water line to Titan Mobile Home Builders. Commissioner Bowden seconded the motion and it passed unanimously. Upon motion by Commissioner Byrd and seconded by Commissioner Titchener, the Board unanimously approved the following items on the consent agenda: l. Minutes: Regular Meeting, October 6, 1997 Special Meeting, October 15, 1997 2. Budget Amendments: 1146 Harnett Countv Capital Proiects (Fund 71) Code 71-8701-1562 Interfund Trans.-Courthouse Proj. $500,000. increase 71-3990-0000 Fund Balance appropriated 500,000. increase . 1147 Tax Department (Fund 10-General) Code 10-4500-0740 Capital Outlay-Equipment 12,360. increase 10-3990-0000 Fund Balance appropriated 12,360. increase 1148 Public Utilities (Fund 33-Buies Creek/Coats) Code 33-3750-0010 penalty-Sewer 15,000. decrease 33-3740-0000 Capacity Use Reserve 15,000. increase 1151 Public Utilities (Fund 36-Northwest W & S) Code 36-9005-1560 Interfund Transfer to NW Phase II Capital Project 350. increase 36-3990-0000 Fund Balance 350. increase 1152 Governina bodv (Fund 10-General) Code 10-4100-0110 Telephone and Postage 1,200. increase 10-3990-0000 Fund Balance 1,200. increase 1153 Finance (Fund 10-General) Code 10-4400-026 Legal & Admin.-Gov't Complex 1,600. increase 10-3990-0000 Fund Balance 1,600. increase 1154 Personnel (Fund 10-General) Code 10-4250-0260 Advertisements 200. increase 10-3990-0000 Fund Balance Appropriated 200. increase 1155 Veterans Services (Fund 10-General) Code 10-7800-0330 Materials & Supplies 1,501. increase 10-7800-0740 Capital Outlay 1, SOL decrease 1156 Pub1i~ ~tiliries (Fund 76-Water Plant Expansion) . Code 76-9026-2020 Interest During Construction 14,000. increase 76-3290-0000 Interest on Investment 14,000. increase 1157 Emeraencv Servires (Fund 10-General) Code 10-5300-0170 -Maintenance & Repair-Auto 3,189. increase 10-3990-0000 Fund Balance Appropriated 3,189. increase 1158 Health (~und 10-General) Code 10-7600-0160 Maintenance & Repair 910. decrease 10-7600-0450 Contracted Services 910. increase 1159 Health (F.l}!?rl 10-General) Code 10-7600-0460 Medical Supplies & Drugs 1,159. decrease 10-3480-0210 State Aid-To-County 1,159. decrease 1160 Solid Waste Manaaement (Fund 58-Solid Waste) Code 58-6600-0740 Capital Outlay-Equipment 870,717. increase 58-3990-0000 Fund Balance appropriated 920,717. increase 58-6600-0160 Maintenance & Repair-Equipment 50,000. increase ~---_. ---~- ---- --------- -- 803 HPE PROJECT 3. Project ordinance for Harnett production Enterprises Water and Sewer ORDINANCE Improvements (At tachment 1) SUBDIVISIONS 4. Final Subdivision Plats: A. A Country Place, owner: pine Grove Development Corporation, 11 lots, SR 1114 (Blanchard Road) and SR 1115 (Buffalo Lakes Road), Barbecue Township, unzoned, 10.43 acres B. Fox Run, Phase I, Section II, owner: Bobby and Larry Thomas, 8 lots, SR 1116 (Doc's Road), Barbecue Township, unzoned, 6.4 acres . C. Kinnis Creek, Section II, owner: Charley McLeod and Bobby Revels, 24 lots, off SR 1440 (James Norris Road), Black River Township, RA-40 Zoning District, 41. 45 +/ - acres D. Overview Estates, Phase VIII, owner: Pine Grove Development Corp., 23 lots off SR 1115 (Buffalo Lakes Road), Barbecue Township, unzoned, 17.63 +/- acres E. Peach Farm Estates, Phase II, owner: Edward & Dorothy Womack, 6 lots, SR 1291 (Old US421) , Upper Little River Township, unzoned, 4.39 acres F. Peach Farm Estates, Phase III, owner: Edward & Dorothy Womack, 19 lots, SR 1291 (Old US 421), Upper Little River Township, unzoned, 16.86 acres G. Oma Kelly Estates, 8 lots, owner: Cecil C. Cameron, SR 1278 (Lee County Line Road) , Upper Little River Township, unzoned, 5.309 acres Informal comments were provided by the following citizens: - Kenneth Phelps, David Brown and Gordon Patterson, Flatwoods Community, requested that the Titan sewer project not be given to Lillington. - Gwendolyn Campbell, Strawberry Lane, Lillington, discussed concerns with dogs in her neighborhood. APPOINTMENTS: . Commissioner Byrd moved for the appointments/reappointments listed below. Commissioner Hill seconded the motion and it passed unanimously. Industrial Facilities & Pollution Control Authoritv Patsy Powell, Dunn, appointed for a 4-year term to expire 12/31/01 Mid-Carolina Reqional Develooment Authority Rickey E. Smith, Erwin, reappointed Dallas M. West, Spring Lake, reappointed Harnett Countv Youth Planninq Board Kenneth Middleton, appointed for a 3-year term to expire 12/31/00 Marsha Long, Angier, appointed for a 3-year term to expire 12/31/00 Marvin Saunders, Cameron, appointed for a 3-year term to expire 12/31/00 William (Dickie) Smith, Lillington, appointed for a 3-year term to expire 12/31/00 Denise McLean, Lillington, appointed for a 3-year term to expire 12/31/00 Dianne Hatley, Lillington, appointed for a 3-year term to expire 12/31/00 CONTRACT FOR Neil Emory, County Manager, presented for the Board's consideration, a ANDERSON CREEK proposed contract between the County, Harnett County Board of Education, and the Harnett County Public Library Board regarding use of the media center at LIBRARY Anderson Creek School. Commissioner Titchener moved for approval of the contract. Commissioner Bowden seconded the motion and it passed unanimously. Neil Emory, County Manager, presented for the Board's consideration, a . proposed Resolution Amending Ordinance Regulating Use of Water and Sewer Facilities Operated by the County of Harnett and Establishing Amended Ordinance as the Rules and Regulations for County Water and Sewer Districts. PUBLIC UTILITIES Commissioner Titchener moved for adoption of the resolution. Commissioner RULES & REGS. Bowden seconded the motion and it passed unanimously. (Attachment 3) Neil Emory, County Manager, stated that the Board must determine whether it WELFARE REFORM will proceed as a standard or an electing county relative to welfare reform. Commissioner Titchener moved that Harnett County be designated as a Standard County relative to welfare reform. Commissioner Bowden seconded the motion and it passed unanimously. Neil Emory, County Manager, reported to the Board that petitions have been received regarding the following roads in the County: 1. Unimproved 0.6 mile east on SR 1779 from SR 2022 Gentry at Pipkins; left 0.1 mile to paved 2089 - request to add and pave 2. Rural unimproved road about one tenth mile east of SR 2022 off SR 1779 - request to add, maintenance improvement and pave 804 Commissioner Titchener moved that the petitions be forwarded to the North Carolina Department of Transportation for consideration. Commissioner Hill seconded the motion and it passed unanimously. Neil Emory, County Manager, reported on the following items: 1- The Local Government Association will meet next Monday night to discuss priorities for road improvements that will be presented to NC DOT for consideration for the Transportation Improvement Program. TITAN SEWER In new business, Commissioner Titchener moved that the County negotiate w~ PROJECT the Town of Erwin regarding the Titan sewer project. Commissioner Hill seconded the motion and it passed unanimously. Commissioner Byrd moved that a work session be scheduled with the Department of Social Services Board and the new Social Services Director. Commissioner Titchener seconded the motion and it passed unanimously. Commissioner Byrd moved for the Board to go into closed session for the following purpose: a) To discuss matters relating to the location or expansion of industry or business in Harnett County; and, b) to discuss a personnel matter. This motion is made pursuant to N. C. General Statute !l 143-318.11(a) (4) and (6) . Commissioner Bowden seconded the motion and it passed unanimously. Commissioner Hill moved for the Board to come out of closed session. Commissioner Byrd seconded the motion and it passed unanimously. OFFER TO Dwight Snow, County Attorney, presented for the Board's consideration, an PURCHASE BOYT offer to purchase the County owned Boyt Building by Mack Reid Hudson or his designee. Commissioner Titchener moved to accept Mr. Hudson's offer. BUILDING Commissioner Bowden s~conded the motion and it passed unanimously. The offer will be advertised and there will be a period of 10 days to accept upset bid offers before final transaction. There being no further business, Commissioner Byrd moved to adjourn. Commissioner Bowden seconded the motion and it passed unanimously. The ~ regular meeting of the Harnett County Board of Commissioners duly adjourn 8:30 p.m. A9a- !} ~ Dan B. Andrews, Chairman J(~ A. gj~rI Kay S. Blanchard, Clerk to the Board ATTACHHENT 1.1 _"'"n__ "._-........_ _ _._. .. ..- ....'~. .~, ,- HARNETT PRODUCTION ENTERPRISE WATER & SEWER IMPROVEMENTS PROJECT ORDINANCE AMENDED . BE IT ORDAINED by the Board of Commissioners ofHamett County: Section 1. That this .Project Ordinance will amend the ordinance which was originally aj'j'&'U led ~n October 21, 1996, to mc1ude the installation of 760 linear feet of8" gravity sewer line and 2 200 lmear feet of 12:' water distribution main with appurtenances to service the industrial tract we~t of the Southern Railroad at the County Complex site. These facility improvements will become part of the Town ofLillington's Water & Sewer System. Sectio~ 2. This project will be financed through funds a"''''H,priated by Harnett County for Industrial Development. Section 3., The fOIl?wing amounts are hereby app~upriated for the project and include the cost of construction for the mstallation of water and sewer lines: 80S Construction $ 107,103 Engineering $ 22,000 Utilities $ 1,000 Legal & Administrative $ 30,000 Surveys $ 5,000 Architectural Fees $ 15,000 Materials & Supplies $ 15,000 Contingency $ 4.897 Total Expenses $ 200,000 Section 4. The following revenue will be available: . General Fund $ 200,000 Duly adopted this 20th day of October . 1997. A a...... A. ~ Dan B. Andrews, Chairman Harnett County Board of Commissioners All!:.ST: \~,J. ~ Kay S. Blanch d, Clerk Harnett County Board of Commissioners ATTACHHENT J-. RESOLUTION AMENDING ORDINANCE REGULATING USE OF WATER AND SEWER FACILITIES OPERATED BY THE COUNTY OF HARNETT AND ESTABLISHING AMENDED ORDINANCE AS THE RULES AND REGULATIONS FOR COUNTY WATER AND SEWER DISTRICTS . WHEREAS the Board of Commissioners of the County of Harnett, has previously adopted that certain Ordinance entitled "Ordinance Regulating The Use Of Water I And Sewer Facilities Operated By The County Of Harnett, Fixing Rents, Rates, Fees And Other Charges And For Providing For Collection Of Same"; AND WHEREAS, the said Ordinance has been made applicable to the various water and sewer districts of the County; AND WHEREAS, the Board of the Commissioners desires to amend the above- mentioned Ordinance and to have said Amended Ordinance apply to all water supply and distribution systems owned and/or operated by the County of Harnett to include specifically the following County Water and Sewer Districts: 1. Buies Creek-Coats Water and Sewer District of Harnett County; 2. East Central Water and Sewer District of Harnett County; 3. Northwest Water and Sewer District of Harnett County; . 4, Riverside Water and Sewer District of Harnett County; 5. South Central Water and Sewer District of Harnett County; 6. Southeast Water and Sewer District of Harnett County; 7, Southwest Water and Sewer District of Harnett County; and 8, West Central Water and Sewer District of Harnett County; NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the County of Harnett and by the Harnett County Board of Commissioners sitting as the governing body of the County Water and Sewer Districts named above, that the Ordinance named hereinabove shall be amended and that the Amended Ordinance read as set forth in Exhibit "A" as attached to this Resolution. --.-~~ - ---_.---~------ ~----- ----~----- -- ---~--------.-~ 806 AND BE IT RESOLVED: 1. That the Amended Ordinance as attached shall be and remain in full force and effect from and after the date of its adoption; and 2. That the Harnett County Department of Public Utilities is hereby authorized and directed to take such administrative actions as are necessary so . as to implement the above Ordinance as amended. Duly adopted this 20th day of October, 1997, upon motion made by Commissioner Walt Titchener , seconded by Commissioner Joseph T. Bowden and adopted by the following vote: Ayes 5 Noes 0 Absent 0 Board of Commissioners of the County of Harnett By: J}~ /J aL~ Dan B, Andrews, Chairman of the Board and of the governing body of the above-named Water and Sewer Districts of Harnett County Attest: . K DIM; .f. &~ LVZ.d Kay ~. 'B1anchard, Clerk to the Board and to the above-named Water and Sewer Districts of Harnett County AN ORDINANCE REGULATING THE USE OF WATER F AClLITIES OPERA TED BY THE COUNTY OF HARNETT FIXING RENTS, RA TES, FEES AT\TD OTHER CHARGES AND PROVIDING FOR COLLECTION OF SAME. BE IT ORDAINED BY THE COUNTY BOARD OF COMMISSIONERS OF HARNETT COUNTY. Section 1. Authoritv. This ordinance is adopted pursuant to North Carolina General Statute 15JA-275 and for the purpose of providing adequate and reasonable rules and regulations to protect and regulate water supply and distribution systems owned or operated by the (ounty of Harnett. The ordinance is also adopted pursuant to North Carolina general Statute 153A- 277 for the purpose of establishing a schedule of rents, rates. fees, charges and penalties for the use of and services furnished by water supply and distribution systems owned or operated by the County of Harnett Section 2. Definitions. . Building is a structure as defined in Volllme 171, One and lil"o Families, alld Volume J, General Construction, of the NC'State Building Code. ron~ction is that part of the water service line which runs from the main to the property line, including all appurtenances to make the service complete and ready for use, Consumer is the person legally or equitably responsible for the payment of charges for water or sewer on any premises. Controlled Bv is owned, operated or leased by. -- . -~ ~~._--,-~_. -.-..--...---.-- 807 Cut-Off Valve is a valve used to regulate the water supply to the consumer's premises. District shall mean any County water and sewer district established pursuant to Article 6, Chapter 162A of the North Carolina General Statutes. Easement shall mean an acquired legal right for the specific use of land owned by . others, Full Service Snrinkler Connection is a separate metered connection originating at a main and running to the property line, and includes all appurtenances to make the connection complete and ready for use. This connection is independent of any other water connection on the premises and shall not be connected to any plumbing or other pipeline where residual water therefrom is required to be discharged into the sewer system HCDPU shall mean Harnett County Department of Public Utilities. Imoroved Street is any street having a wearing surface of concrete, brick. stone block, asphalt, or any bituminous compound. Lateral is that portion of the water connection which does nor include meter. bo\. or meter setter or connection. Retrofitted Sorinkler Connection is a second metered connection originating at a point along that segment of the existing service line between the main and the tirst or existing meter and running to the property line, and includes all appulienances to make the connections complete and ready for use. The Retrofitted Sprinkler Connection shall not be connected to any plumbing or other pipeline where residua! water therefrom is required to be discharged into the sewer system. . Service Line is a water line which may service a house. business. apartments. ete which runs from the street to the establishment being served Main is the water pipe usually laid in a street running parallel to the property line which distributes water or collects sewer. Mav is permissive (see "shall) Occuoant is the consumer who is actually in possession or control of any premises Owner is the person having legal or equitable title to any premises Person is an individual, firm, association, partnership or corporation Premises is land, building, or other structure and appUlienances thereto Shall is mandatory (see "may). Unusual Conditions to mean delays in acquiring materials, parts and (or) supplies. rock encountered in construction and other items which might cause delays not under the control of the County. Section 3. Water Laterals and Tao-On. . Water laterals will be installed only at the request of the Owner or his agent When the lateral terminates at the property line, the meter shall not be set and the lateral shall not be used until the owner of the property or his agent applies for service. Section 4. Connection To Be Made Bv Countv Onlv Uoon Aoolication The construction of water laterals within the street right-of-way and the setting of meters shall be the responsibility of HCDPU. The construction of such lateral or the setting of such meter shall be done only after the written application therefor has been approved. ,The only exception to this provision will be when laterals and meter yokes are installed by developer's contractors in new subdivisions in compliance with Rules, Regulations and Specifications as shall be established by the County of Harnett from time to time _.- .- -~ . -----~. --------._~~ .--.--~ -- 808 < Section 5. Aoolication for Connection. Every application for water service shall list, on forms provided by HCDPU. the property owner, the applicant's name, social security number, driver's license number, phone number, and all other relative forms of identification required by HCDPU, the street on which the lot is located, the number of the house or a description of the lot location, the number of all types of fixtures planned in the building now and proposed for the future, the distance from the property line where service comes from the street to the furthermost point . of the building as planned, and the name of the plumber who will do the work. This application shall be filed not less than ten days before the proposed connection is desired. Unusual conditions may be just cause for additional time in providing the services required. When the size of the service and the cost of the connection have been determined, the applicant shall deposit the previously determined cost and shall be issued a permit for the desired connection. The County of Harnett shall have responsibility for the design of a sprinkler or other fire protection system. Application for a connection to serve such a system shall be made exactly as outlined above except that the size of the connection desired shall be placed upon the application and installation shall be made subject to securing required parts and materials. Section 6. Disaooroval of Aoolication. If, in the opinion of the County through its duly constituted authority, the water connection applied for will be of such size or character as to put too great a demand on any part of the system and disrupt the County's ordinary water service (500 GPM at 20 PSI residual plus normal service requirements), it shall disapprove the application until such time as adequate means are provided by the applicant to eliminate the unsatisfactory condition. If. at any time, changes are made by a consumer in his service requirements so as to create an unsatisfactory condition in the County's water service, HCDPU shall re'luire the consumer to adopt remedial measures to eliminate the unsatisfactory condition The County shall not in any way be responsible for any cost or inconvenience caused bv a change in service requirements after an application has been approved. or by an installation before the application has been approved. . Section 7. Seoarate Water and Sewer Connections and Meters Reauired. Each building shall have a separate meter, and \vhere practicable shall havt' a separate water lateral In the event that one lateral is used for two dwellings, commercial or industrial buildings, or used to serve two or more meters for the same dwelling. commercial or industrial buildings, a separate cut-off shall be provided for each meter. However. there shall be an exception to the requirement for separate water meters in the case of groups of mobile homes or apartment developments under single ownership In the case of said groups of mobile homes or apartment developments of more than ten (10) units, one meter shall be used for the entire project unless additional meters are deemed necessary by the proper County authority, and the following conditions shall be met: (a) Bills will be rendered to the Owner of the property. (b) The bill will be calculated by a minimum charge for the master meter and f()r each of the total number of units included thereafter. and calculating the remaining bill based on the total consumption passing through the master meter above the minimum; provided, however, owners often or fewer multiple units may elect to have vvater metered directly to each unit and the charge therefore billed directly to the user in each unit. (c) Should any portion of the development be sold, the owners shall be responsible for paying whatever additional costs would be involved in . bringing the divided development into compliance with this article In the case of group mobile homes or apartment developments where ten or fevver units are involved, and where ownership is in one party, the owner Olav elect to have a single meter used for the entire project. ~ ~ Where such election is made the owner shall comply with the conditions set forth as (a), (b) and (c) set torth in the paragraph above. Section 8. Connections And Meters To Remain Prooertv Of The County. All meters, boxes, pipes and other equipment furnished and installed by HCDPU in a water or sewer connection shall remain the property of the County. If: after' an installation is completed, the property owner requests that a meter or lateral be changed in size and this request is approved by the County, the property owner shall pay for the change of lateral as though it were a new connection and shall payor be credited the difference of the cost of 4 ~--~->----._~_._~~,-~ ._-~~~.- -~-- .- .. ~ 809 meters in! the original and new installations according to the then current price of the two meters. Section 9f Maintenance Of Meters And Connections. A/I meter and water laterals shall be maintained by HCDPU at the County's I expense. ' . Section 110. Connection To Other Suoolv. I I Np part of the County's water system shall be connected to any source of water supply ~ther than those authorized by official action of the County Board of Commiss,oners. If, on any premises, both County water and water from any other source is used, thelpiping shall be completely separate. Pipes carrying water from a source other than the Coun~y's supply shall be painted yellow. Section] 1. When Water Meters Read. ~II water meters on water systems controlled by the County shall be read monthly. Section l2. Adiustment OfOverchar!!es. FCDPU shall have the authority to adjust any water bill after determining that the water bil is excessive, upon the following conditions: (*) If the cause is a defect in a water meter, the water bill shall be reduced by fifty percent (50%) of the amount by which it exceeds one and one-half (11/2) times the average water bill for the preceding three (3) months. (b) If the cause is of an undetermined origin, and it does not appear upon investigation that the occupant or occupants of the premises served were in any way at fault for the excessive water bill, the adjusted bill shall be . calculated the same as in (a) of this rule. (c) All metered water lost due to negligence on the part of the user will be charged at the normal rate, and no adjustment of the bill shall be made. Section ~3, Meter Tests. .~y consumer may have a test of his water meter made upon payment in advance of a fee of!actual cost of the test for any size meter. A deposit for the estimated cost of the. test is r~quired before such test is conducted. If the consumption shown on the meter in questio~ is greater than twice the average consumption for the preceding six months, the fee for testirg the meter shall be waived Since the most accurate water meters suitable for general *se require a margin of approximately two and one-half percent for error. an\' meter which shows upon test an error not greater than two and one-half percent shall no! be considered defective If the meter is found to be over-registering in excess of two and one- half percent, refund shall be made in accordance with Section ] 2 (a) above. and t he deposit paid for !the test shall be refunded Section 114. Bulk Water Usage. I 'Vater from a hydrant will be furnished any circus, road show. carnival. fair or other , - similar ~emporary user at a per diem rate to be paid in advance and to be determined b\' HCDPl upon the basis of the estimated quantity needed. A Bulk Usage Permit mu~t be . applied! for showing the water user's name, address, hydrant location. and estimaled gallona~e. The water user agrees to pay for water obtained at the rate of 5;5 00 per 1.0011 gallons. A non-refundable deposit of 5;25.00 will be required for purchases of 0 - 4.9C)() gallons lOd a non-refundable deposit of $100 00 will be required for purchases greater than 5,000 g:.tllons. I Section] 5. Water For Building Purooses :>ortable meters for connection to fire hydrants may be furnished by the Count\' after an appli::ation and a deposit of$]OO.OO (minimum) has been filed with HCDPF The actuai deposit Ishall be as detennined by HCDPU, but in no case shall the deposit exceed the cost of meter, materials and installation cost thereof The applicant shall be responsible for am' damage to the hydrant. meter, connections, etc., used in the installation and the cost of am such damage shall be taken from the deposit. A service charge equal to the then minimum -_.--- ----~_._-~~--_._- - ---_._--~----~._----~ -y._---~ _v____._~."__.~ ~___ ---r'.~ 81.0 monthly water bill rate for each month or part thereof shall be made for a temporaD' meter in addition to the cost of the water used through such meter. After deducting the water bill. service charge and any cost of damage to the installation, HCDPU shall refund the balance of the deposit to the applicant as soon as the meter is removed and returned to the County's stock. While in use, no wrench shall be used on the hydrant except a hydrant wrench furnished by HCDPU. If scarred by unauthorized methods, the cost of nut and labor to repair shall be charged to person responsible. Should the water bill. service charge and cost of damage exceed the deposit, the user shall pay the amount of such excess to the County. . Section] 6. Tamoerim! With Meters and Stoococks. No person, except an employee of HCDPU, shall turn the stopcock installed in each meter box nor shall any person construct or have constructed any bypass around any meter except as may be installed and sealed by the County. The fact that water is cut on to any premises by a person without the prior knowledge of either the County or the consumer shall not relieve the consumer of liability for such unauthorized use of water A minimum fee of$]OO.OO shall be imposed upon the consumer where such tampering or unauthorized use of water has occurred. Section] 7. No Guarantee OfOualitv. Ouantitv Of Pressure Of Water Suoolv . Neither the District nor the County guarantee the quality, quantity or pressure of its water supply, It is hereby made a portion of the tenns on which the County and the District furnish water to consumers that the County and the District shall in no case be liable to any consumer for any defect on quality or any deficiency in quantity or pressure: that the County and the District shall not be liable to any consumer for damages resulting from the complete or partial cutting off of water; and no deduction shall be made from any water bill by reason of any such defect or deficiency, No County employee shall take responsibility for telling a property owner or occupant how best to care for his boiler, heater or other equipment which is affected by the discontinuance, either temporary or permanent. of his water supply. The owner or occupant shall be entirely responsible for his equipment and shall hold the County and the District in no way responsible for damage thereof. . Section 18. Protection Of Water Suoolv. No person shall contaminate any portion of the County or of the Districts' water supply whether the same is in a reservoir, or tank, or pipe. Section 19. Reoealing: Clause. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. ]f any section, paragraph, subdivision, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to such section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this ordinance shall be deemed valid and effective. Section 20. Procedures. (a) Service will be supplied only to those who apply. (b) Users will make application for service, in person., at HCDPU and at the same time make the deposit guarantee required below. (c) The amount of deposit shall be detennined by entering customer information into an On-line Utility Database. If the customer has a history of . outstanding debt to other utilities, a copy of the amount of debt and the utility to whom it is owed shall be provided to the customer at the time of application. (d) Property owners, if approved by the On-line Utility Database procedure described in Section 20 (c) above, shall make a minimum cash deposit of $10.00. If the property owner has a history of au 1st an ding debt 10 other utilities, they will be charged a minimum deposit of$50.00. All other lIsers. if approved by the On-Line Utility database procedure described in Section 20 (c) above, shall make a minimum cash deposit of$5000 All other users with a history of outstanding debt to other utilities will be charged a minimum deposit of $10000 Deposits shall not accrue interest. All users who qualifY as commercial users under the current rate structure shall bt~ exempt from this deposit requirement. . - -.- ---~ ~~ ~-_._-~ ----,-~ . ! 81.1- (e) 111 property owners with 110 established accounts. must provide HCDPU \\fith a deed or purchase agreement for the propertv where water and/or s~wer service will be provided All other users m~st provide HCDPU with a copy of a rental or lease agreement for the property where water and! or s~wer service wiII be provided. (f) H!CDPU may reject any application for service not available under a standard rate or which involves excessive service cost, or which may affect tt]e supply of service to other customers or for other good and suffi~ient . r~asons. (g) HCDPU may reject any application for service when the applicant is dl~linquent in payment of any bills incurred for service or connection fees p~eviously supplied at any location, provided that when the Owner of the premises has been served water and has not paid for the same, HCDPU shall not be required to render service to anyone at said location vv'here the willer was used until said water bill has been paid. I (h) T~e person or persons in whose name the deposit is made shall be re~ponsible for payment of all bills incurred in connection with the service furnished. (i) A separate deposit is required for each meter and/or service connection re'luested. (j) T~e deposit receipt is not negotiable and can be redeemed only at HCDPU (k) T~e deposit required by Rules & Regulations or part remaining thereof will beirefunded upon payment offinal bill and final accounting. ! Section 21. Initi~1 Or Minimum Charge. ! (a) T~e initial or minimum charge, as provided in the rate schedule. shall be . niade for each meter installed, regardless of location. (b) I~ resort or seasonal areas where service is furnished to a consumer during c~rtain months only. the minimum charge per service for the period of non- u~e shall be the rel!ular minimum as set out in the published rates of the qounty. (c) ~ater furnished for a given lot shall be used on that lot only. Each consumer's service must be separately metered at a single delivery and IT etering point. Each commercial unit and each storeroom or stall used for b~siness purposes shall have a separate meter. All commercial use including s~orerooms and stalls for business purposes shall be metered separately from I a~y residential use and vice versa, whether now in service or to be installed i~ the future. i (d) qonsumers shall be responsible for paying the minimum monthly water bill ~hether or not water is actually used during a month. Section 22. Co~ntv's Resoonsibilitv And Liabilitv. ! (a) T~e County shall run a service line from its distribution line to the propert~' libe where the distribution line runs immediately adjacent and parallel to the ptoperty to be served, and for which a tap-on fee, and capacity use fee then ir effect, will be charged. . (b) T~e County may install a meter at the property line or, at the County's option, on the consumers property or in a location mutually agreed upon. (c) When two or more meters are to be installed on the same premises for different consumers, they shall be closely grouped and each clearly dl ~signated to which consumer it applies. (d) T~e County does not assume the responsibility of inspecting the consumer's PIping or apparatus and will not be responsible therefor (e) The County reserves the right to refuse service unless the consumer's lines O' piping are installed in such manner as to prevent cross-connections or backflow. 9 --, ------ ._~--- - -- 812 (f) The County shall not be liable for damage of any kind whatsoever resulting from water or the use of water on the consumer's premises, unless such damage results directly from negligence on the part of the County, The County shall not be responsible for any damage done by or resulting from any defect in the piping, fixtures, or appliances on the consumer's premises The County shall not be responsible for negligence of third persons or forces beyond the control of the County resulting in any interruption of service (g) Under nonnal conditions, the consumer will be notified of any . anticipated interruption of service, Section 23, Consumer's Resoonsibilitv (a) Piping on the consumer's premises must be so arranged that the connections are conveniently located \,vith respect to the County's lines or mains, (b) If the consumer's piping on the consumer's premises is so arranged that HCDPU is called upon to provide additional meters, each place of metering will be considered as a separate and individual account (c) Where meter is placed on premises of a consumer, a suitable place shall be provided by consumer for placing such meter, unobstructed and accessible at all times to the meter reader (d) The consumer shall nlrnish and maintain the service line on the consumer's side of the meter; the County to provide a like service on the County's side of such meter (e) The consumer's piping and apparatus shall be installed and maintained by the consumer at the consumer's expense in a safe and efficient manner and in accordance with the County's rules, regulations. specifications, and ordinances and in full compliance with the sanitary regulations of the North . Carolina State Board of Health, (f) The consumer shall guarantee proper protection for all property controlled by Harnett County and placed on the consumer's premises by the County or any predecessor in interest to the County and shall permit access to it only by authorized representatives of the County. (g) In the event that any loss or damage to such property or any accident or injury to persons or property is caused by or results from the negligence or wrongful act of the consumer, his agents, or employees, the cost of the necessary repairs or replacements shall be paid by the consumer to the County and any liability otherwise resulting shall be assumed by the consumer. (h) The amount of such loss or damage or the cost of repairs shall be added to the consumer's bill; and ifnot paid, service may be discontinued by the County. Section 24. Access To Premises. HCDPU personnel shall have access at all reasonable hours to the premises of the consumer for the purpose of installing or removing property controlled by Harnett County, inspecting piping, reading or testing meters, or for any other purpose in connection with the . County's service and facilities. Section 25, Chanue of Occuoancv, (a) Not less than three days notice must be given in person or in writing to discontinue service for a change in occupancy. Such notice shall be given at the HCDPU office which has responsibility for management of water and sewer systems. (b) The outgoing party shall be responsible for all water consumed up to the time of departure or the time specified for departure, whichever period is longest. - -_._-~~ 8:13 Section 26. Susoension Of Service. (a) Services may be discontinued at the request of the consumer, provided the cor,sumer pay all current balances or a $500 liquidating damage fee, whichever is less. When services are discontinued and all bills paid, the de~ osit will be refunded in accordance with these Rules and Regulations. . (b) Ser'vices may also be discontinued by HCDPU to any customer whose acc:mnt remains delinquent for more than ten (10) days. The deposit will be applied by HCDPU toward settlement of the account. Any balance will be re~ded to the consumer; but if the deposit is not sufficient to cover the bill, HC PU may proceed to collect the balance in the usual way provided by lav. for the collection of debts. I , (c) Prdperty owners may have a service discontinued for rental property in the eve nt that the rental unit is vacant for a period not to exceed twelve (] 2) mOllths. If the rental property is still vacant after twelve ( ] 2) months from theloriginal suspension date. the property owner will begin to receive mi~imum bills for that location (d) Se~ice discontinued tor non-payment of bills will be restored, at the request of tlhe consumer only after bills are paid in full. and a service charge of $2~.00 paid for each meter reconnected except as set forth hereafter The co~sumer being reconnected must also make the required deposit (e) Aft~r a connection has been discontinued for a period oft\velve consecutive mo 1ths HCDPU may remove the meter base, meter. curb stop valve. me,er box and servi~e line for use elsewhere or for storage. ! , (f) At ~ny time after the meter base. meter. curb stop valve and meter bo:\: have been removed in addition to the service charge set forth in subsection (c) . abqve an additional service charge equal to the then current tap-on-fee shall be ~aid as a reconnection fee Also the consumer must make the required de~osit. (g) TM County reserves the right to discontinue its service without notice for the Ifollowing additional reasons: l. To prevent fraud or abuse. 2. Consumers willful disregard for the County's rules and ordinances 3. Emergency repairs. 4. Insufficiency of supply due to circumstances beyond the County' s control. 5. Legal processes. 6. Direction of public authorities. 7. i Strike, riot, fire, flood, accident, or any unavoidable cause. (h) Th(.~ County may, in addition to prosecution by law, permanently refuse sertice to any consumer who tampers with a meter or other measuring . de~ice. (i) Hamett County gave a privilege for early connection to the water system to every property owner or resident as the water mains were installed. From tim~ to time, the County may give privileges for connections at reduced amcunts in order to encourage additional hookups to increase revenue. Any con;umer who takes advantage ofa reduced connection will be responsible for ~aYing at least the minimum monthly water bill whether or not water is act ,ally used until such time as the reduced connection fee charged plus all mo~thly water bills charged equal the then current charge for tap-on conhection. The consumer shall remain liable tor at least the minimum moJthly bill thereafter until he has notified the County in accordance with oth~r provisions of this ordinance that he desires to siop his service -- ~._-~--_._~-_. -..-----_._--~-,~--_._-- ,.-~-_._,----~.-....-.----.---.-----~~-._-~_.........------- -~~-- 81.4 Section 27. Comolaints - Adiustment~. (a) If the consumer believes his bill to be in error, he shall present his claim. in person, at HCDPU before the bill becomes delinquent. Such claim, if made after the bill has become delinquent, shall not be effective in preventing discontinuance of service as heretofore provided. The consumer may pay such bill under protest, and said payment shall not prejudice his claim (b) HCDPU will make special meter readings at the request of the consumer for . a fee of$]5.00 provided, however, that ifsuch special reading discloses that the meter was over read, or in error in any way, the fee will be refunded. (c) Meters will be tested at the request of the consumer upon payment to HCDPU of the actual cost to the County of making the test provided, however, if the meter is found to over register or under register beyond two and one-half per centum (2 1/2) of the correct volume, no charge will be made. (d) If the seal of the meter is broken by other than the County's representative, or if the meter fails to register correctly, or is stopped for any cause. the consumer shall pay an amount estimated from the record of his previous bills and/or from other proper data. No modification of rates or any of the rules and regulations shall be made by any employee of the County. Section 28. Classifications. Rates. Fees and Charges. The following classifications, rates, fees, and charges are adopted: (a) Classification of Service. All services are classified under three categories to include residential, . commercial, or bulk municipal users. A residential service is a service requiring a meter size up to and including one inch A commercial service IS a service requiring a meter size greater than one inch up to and including t\vo inches. A bulk municipal service is a service requiring a meter size greater than two inches, where the user is a municipality and/or other public body (b) Rate Schedule: (I) Residential: Water Schedule Monthlv Flat rate, first 2.000 gallons (minimum) $I3.lO All water used over 2,000 gallons $ 3.20 per 1,000 gallons (2) Commercial $17.00 per month minimum service charge for first 2,000 gallons, plus $2.50 per 1,000 gallons for all water used above 2,000 gallons Note: In the case of groups of mobile homes or apartment developments which have single meters as authorized or required by . Section 7 hereof, the charge shall be calculated as follows the standard minimum charge then in effect for commercial users and a minimum charge of $5.00 per month for all units connected thereto. whether in use or not. In addition, there shall be a charge of $ 1.50 per thousand gallons of water used in excess of a number of gallons to be computed by multiplying the number of units served through the master meter whether said units are in use or not, times 2.000 (3) Bulk Municioal: $1. 50 for each 1,000 gallons used. Where bulk municipal connections exist, the County may require that the water purchaser guarantee a minimum usage allocation and payment for the same. whether used or not. 815 (c) Tab-On-Fees. Th e following tap-on-fees shall apply to the meter service described: 2 inch connection $ 1,900 1 1/2 inch connection $ 1,050 1 inch connection $ 750 3/4 inch connection $ 500 . Larger connections, including those for bulk municipal connections. shall be ne ~otiated as may be appropriate. (d) Fite Protection Charges. S~rvices Charges , Sthndby Fire Plugs $5.00/month each added to water billing, plus cost of installation and materials , 6 Inch Sprinkler Connection $10. OO/month, plus cost of installat ion ! and materials 8 lnch Sprinkler Connection $25.00/month, plus cost of installation and materials 1 ~ inch Sprinkler Connection $IOO.OO/month, plus cost of installation and materials 01 hers Negotiated . (e) M~ster Meter Connection Fee. T~e master meter connection fee is cost of materials, plus twenty (20) p~rcent. (f) R~tes for oersons livin!! outside the District. ! R*tes for persons living outside of Harnett County and served by County witer lines owned or operated by the County or a District shall be equal to rates for persons living inside the County so long as no tax is levied within th~ County for support of the system; if a tax is levied on users inside the C~unty for the purpose of supporting the water system, then the users o~tside the County shall pay an increased rate. I (g) Water Svstem Caoacitv Use Fee. A Water System Capacity Use Fee of$300.00 per meter connection will be cbarged for all new water services connecting to any water supply or di;tribution system owned and/or operated by the County of Harnett. The wtter system capacity use fee shall be paid in the manner set fonh below T. e full balance of the fee shall be payable upon the installation of a water service to any water supply or distribution system owned or operated by the County. In instances where a water supply or distribution system is . ccnveyed to either the County or a County Water and Sewer District, if the s~stem was not owned or operated by the County at the time a water service w is installed, then one-half of the capacity use fee shall be paid at the time the system is conveyed to either the County or to a Water and Sewer D .strict, and the balance shall be paid within six months from the date of cc,nveyance or until more than fifty-percent (50%) of the lots are sold, w lichever comes first. Section 29. C?nnection to ExistiO!! Systems. In the event that the County desires to connect its water distribution system to previously existing systems, all such systems must have the approval of the Division of Health Services, of the Nonh Carolina Department of Human Resources before such connection may take place and all previously existing sources of water must be completely abandoned and rendered incapable of future water production. -. --~-- ,-- -~-- - ---'-'--~---'~-------------' -- '--.-- - -~~--~--- .-------------_.- . '-'------ Section 30. Delinauent Service Fees. 81.6 (a) Except as provided in subsection (e) of this section, when a consumer shall have failed to pay his account (as specified in subsection c of this section) by the due date set forth on his bill, a delinquent service fee shall be imposed upon him and the amount of such fee shall be added to the balance due. (b) The amount of the delinquent service fee provided for in this section shall be the sum offive ($5.00) dollars. (c) A consumer shall have failed to pay his account when the full amount charged to him for service supplied as stated on his bill has not been paid . over to and received by the County Department of Public Utilities by 5:00 p.m. on the due date set forth on the bill. (d) The bill which shall be mailed to a consumer setting forth the charges due for services supplied, shall state the due date, the amount of the bill if paid by the due date, the amount of the bill if paid after the due date and shall further state that if payment is not made by the due date that the delinquent service fee will be charged. (e) When a consumer has paid all bills rendered to him by the due date set forth on each bill for twelve consecutive billing periods. should that consumer then make a payment after a due date, the delinquent service fee shall be waived for that period. Section 3 1. Sorinkler Connections. (a) Application for Full Service and Retrofitted Sprinkler Connections shall be made in person at HCDPU Forms to be used in application processing shall be administratively prepared and matters otherwise associated with service application shall be processed pursuant to and in accordance with the rules, regulations, policies and/or procedures applicable to the service district within which the premises to be served is located. . (b) The same schedule of connection or tap-on-fees applicable in the service district within which the premises to be served is located shall apply with respect to Full Service Sprinkler Connections. (c) The following schedule of connection or tap-on-fees shall apply in all service districts to the Retrofitted Sprinkler Connection: 2 inch connection $1,100,00 I 1/2 inch connection 400.00 I inch connection 275.00 3/4 inch connection 150.00 (d) The same schedule of rates, including the monthly minimum charge, applicable in the service district within which the premises to be served is located shall apply with respect to Full Service Sprinkler Connections. No sewer charges shall be made to the Consumer based upon the water consumption of the Full Service Sprinkler Connection. (e) The same schedule of rates applicable in the service district within which the premises to be served is located shall apply with respect to Retrofitted Sprinkler Connections. No monthly minimum charge will be made except during those months when the connection has been used. No sewer charges shan be made to the Consumer based upon the water consumption of the Retrofitted Sprinkler Connection. . (t) Except as specifically provided in this Section, all of the other rules, regulations, policies and/or procedures applicable to the service district within which the premises to be served is located shall be applicable with respect to Full Service and Retrofitted Sprinkler Connections. Section 32. Provision for Cut-Off Valve Any person desiring to connect to a water supply and distribution system owned and/or operated by the County of Harnett shall be required to instan a cut-off valve of a minimum size of 3/4" onto the service line running from the meter box to the consumer's premises. This cut-off valve shall be located within twelve (12) inches of the connection of the customer's service line to the meter box. A diagram showing a typical installation of such cut-off valve is attached hereto and made part of this section. This section shall be enforceable in addition to the minimum requirements of the North Carolina State Building Code regarding plumbing and placement of cut-off valves . . . ClIl oil valv(~ .E!~~.!!!E!~!!!~~_!~I_i~:~__:;l~:.~:.i 1!_~;~L-~~!._"_~I!._.~!~~~L!~!.~~~:._.!~!:.UlllaLiIIJ~ the lI~c or Waler lUlll ~h~\'/~'l ~'acililjes operaled hy the CounLy or lIarncLL, Seclioll :12" alld authurized by the lIarnell COlllI!) 80ard of Commissioners, Septemher 6, 1994. /' PROP, LJNE 6 I1QTE.S: TO t TREET , R/W LINE METER AND SERVICE LINE .. ~ ~ S .... , IlOT \U CONrRACT UNLESS WETER 8OX, CAST IROO sPECIFIED. /" ~. \I;:LUDE STONE IN PRICE _ ill Y, . f ~ ):t _- ~ . Of METER BOX. ' $gt R ~ ._~,;~...--::.- .~ ~~IJJ~ '. ='. = L I~=.;;./ 3. METER SETTER SIZE AS __II,,", ~ .... .I/z./111 - ~~:.::'=- II ....-A' ....: - NOTED ON f'LAHS. 7!!: IIl!;j'l- .....I'~ . 17-"'" ~~.... ~f _ ;m,' - ~~ ) . I/~ rtl1H( COMPACTED Iii ~~I . ~I '/ BACKFILL . JP' Q , ~/II Ih ~k , It; = ,./11::::: L_ W 7:;, .!:2J!!L METER SETTER W / I iJ ;;::- l. vt~ DOUBLE CHECK VALVE ~ ~..1 'l~ C BACKFLOW PREVENTER I __ VALVE BOX i; -! . "U~ /' :f _ _ I !! I~ ~i b 3/.r' GAlE VALV ~ ~ r t _ REQUIRED ~ CUSTOMER SIDE ~Cl9.q::L ":- ", "~' " ,,, " ~. 6- STONE I I 1 r~f8 ,"~ """. .,:'.,-. ""Z-BRlCI< ~ ~ .- c:::;, ,'" , ". / 0= =. , ';4 ~ 2tlJ . , , . 'l. .," ~:t . B-.r;=n :[ 1 ; - ~ SERVICE LINE fROM STREET ~~ ~ ~ r ~..l:-. ~SERVICE UHE TO HOIJSE 1 ;;-J ~8' .. J'~g~ IBY OWNER I P.R.V.LOCATlON~ TYPICAL METE~s~A~X tNSTALLATION ^ r [~f:tJ ~ ~ OPTIONAL ~ PRESSURE REDUCING VALVE "\1