04162001i
HARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
April 16, 2001
The Harnett County Board of Commissioners met in regular session on Monday, April
16, 2001, in the County Administration Building, 102 East Front Street, Lillington,
• North Carolina.
Members present: Teddy J. Byrd, Chairman
Beatrice Bailey Hill, Vice Chairman
Dan B. Andrews
Walt Titchener
Tim McNeill
Staff present: Neil Emory, County Manager
Wm. A. (Tony) Wilder, Assistant County Manager
Dwight W. Snow, County Attorney
Kay S. Blanchard, Clerk to the Board
Chairman Byrd called the meeting to order at 7:00 p.m. and Commissioner McNeill
led the pledge of allegiance and prayer.
Commissioner McNeill moved to approve the agenda as published with addition of
three items to the consent agenda:
- Agreement with Town of Spring Lake regarding water service
- Amendments to Department of Social Services Work First Plan
- Resolution to honor Mr. & Mrs. Jesse Alphin on their 60`" Wedding
• Anniversary
Commissioner Hill seconded the motion and it passed unanimously.
Upon motion by Commissioner Titchener and seconded by Commissioner Andrews,
the Board unanimously approved the following items on the consent agenda:
1. Minutes: Regular Meeting, April 2, 2001
2. Budget Amendments:
354 Department on Aging Fund 110-General
Code 110-0000-353.15-00 Donations & Contributions 1,400. increase
110-7500-441.32-10 Recognition 700. increase
110-7500-441.32-13 Special Projects -RSVP 700. increase
358 Cooperative Extension (Fund 110-General)
Code 110-7300-465.32-30 Operating Special Accts.-FCS
985. increase
110-0000-344.11-00 Family & Consumer
985. increase
362 Department on Aging (Fund 110-General)
Code 1.10-0000-334.75-01 Senior Education Corp.
300. increase
110-7500-441.41-11 Telephone & Postage
74. increase
• 110-7500-441.58-14 Travel
130. increase
110-7500-441.32-13 Special Project -RSVP
72. increase
110-7500-441.60-33 Materials & Supplies
24. increase
363 Sheriff s Department (Fund 110-General)
Code 110-0000-399.00-00 Fund Balance 37,389. increase
110-5100-420.30-04 Professional Services 39,400. increase
110-5100-420.44-21 Building & Equipment Rental 2,011. decrease
367 MIS/E-911 (Fund 240-Emergency Telephone System)
Code 240-5901-420.33-45 Contracted Services 5,100. increase
240-0000-399.00-00 Fund Balance 5,100. increase
192
368 Veteran's Service (Fund 110-General)
Code 110-7900-441.11-00 Salaries & Wages 1,425. increase
110-7800-441.23-00 Retirement 72. increase
110-8800-490.32-16 Contingency 1,497. decrease
369 Health (Fund 110-General
Code 110-0000-334.76-02 Food & Lodging -State
3,176. increase
110-0000-353.02-00 Donations -Health
110-7600-441.55-12 Printing & Binding
750. increase
145. increase is110-7600-441.58-14
Travel & Meetings
750. increase
110-7600-441.60-33 Materials & Supplies
2,281. increase
110-7600-441.60-45 Drugs
750. increase
371 Sheriff's Department (Fund 110-General)
Code 110-0000-331.51-03 Local Law Enf. Block Grant 55,816. increase
110-5100-420.74-74 Capital Outlay Equipment 55,816. increase
373 Public Utilities (Fund 5 3 1 -Operating)
Code 531-0000-399.00-00 Fund Balance Appropriated 277,364. increase
531-9000-431.90-57 Riverside Project 277,364. increase
374 Public Utilities (Fund 5 3 1 -Operating)
Code 531-9000-431.90-56 SW Regional Transmission 63,616. increase
531-9000-431.50-00 Capital Lease Districts 63,616. decrease
377 Cooperative Extension (Fund 110-General)
Code 110-7310-465.74-74 Capital Outlay 1,814. increase
110-7310-465.44-21 Building & Equip. Rental 1,814. decrease
TAX RELEASES & 3. Tax refunds and releases (Attachment 1) .
REFUNDS
COUNTY GOV' T 4. Proclamation regarding National County Government Week (Attachment 2)
WEEK
5. Lease agreement with Stacy Andrew Williams and wife, Judy Norris Williams, for
AIRPORT RADIO Airport radio beacon site located on SR 1547. Lease is for five years, expiring
BEACON SITE LEASE April 14, 2006, with a consideration of $1,800 for the five year lease.
STATE ROADS 6. Resolutions to add the following roads to the state system: Orchard Crest Circle,
ADDITIONS Peachtree Lane, Peach Blossom Circle, and Sandy Bluff Court (Attachment 3)
7. Cleaning contract with Jefferson's Cleaning Service for Cooperative Extension's
CLEANING CONTRACT Child Care Resource & Referral and Parents as Teachers' offices located at 1901
JEFFERSON' S North Main Street, Lillington, Suites A & B, with consideration of $160.00 per
month.
MID-CAROLINA 8. Consortium agreement for the Mid -Carolina Local Workforce Investment Area,
CONSORTIUM AGREE. and supportive documents, which has to be re -authorized every two years.
9. Reimbursement contract with the Town of Linden so the County can be
TOWN OF LINDEN reimbursed for funds spent on Linden's behalf for work done by Temple Grading
REIMBURSEMENT CONTRACT associated with the Riverside Water Project. The Town of Linden has received a
RE: RIVERSIDE PROJ. $225,960 grant from the State for this project.
10. Agreement between the County of Harnett, the South Central Water and Sewer
TOWN OF SPRING LAKE District of Harnett County, and the Town of Spring Lake regarding sale of water to
SOUTH CENTRAL W & S the Town of Spring Lake. (Attachment 4)
11. Amendments to the Work First Plan for 2001-2003, that was approved by the
WORK FIRST PLAN AMENDMENTS Board on November 20, 2000, which are required by the North Carolina
Department of Health and Human Services Division of Social Services. These
revisions include: current ESC/DSS contract, add to page 3 1 -description of
Activities/MOE dollars, and add to page 29-Family Violence Option plan.
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193
is
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MR. & MRS . 12. Resolution to honor Mr. & Mrs. Jesse Alphin on their 60t' Wedding Anniversary
JESSE ALPHIN (Attachment 5)
Commissioner McNeill nominated several citizens for appointment and reappointment
APPOINTMENTS to the Home and Community Care Block Grant Committee. Commissioner Titchener
nominated Matthew Smith to serve on the Revolving Loan Fund Committee.
Commissioner Hill moved to approve all nominations as listed below. Commissioner
McNeill seconded the motion and it passed unanimously.
Home and Community Care Block Grant Committee
New Members
Reappointments:
Vi Dozier
Denise Garvin
Rudy Neal
Gerelene Goodman
Lititia Maynor
Sally Dorman
Inez Terbush
Beatrice Reidell
Christine Williams
Kathleen Collins
Teddy Byrd
May Marshbanks
Revolving Loan Fund Committee
Matthew Smith for a 3-year term to expire 04/30/04
ZONING CHANGE Chairman Byrd called to order a public hearing on a zoning change request for
REQUEST FOR Linwood and Virginia Turner, 15.4 acres located on SR 2045-Elliott Bridge Road,
LINWOOD & VIRGINIA from RA-20R Zoning District to Commercial Zoning District, Anderson Creek
TURNER Township. Lori Tomaszewski, Chief Planner, presented the request to the Board. The
Planning Board recommended approval with a four to three vote. Chairman Byrd
opened the meeting for comments from the public. No comments were offered and
Chairman Byrd closed the public hearing. Commissioner McNeill moved to approve
the zoning change request as presented. Commissioner Andrews seconded the motion
and it passed unanimously.
TAX REFUND To William A. (Tony) Wilder, Assistant County Manager, presented for the Board's
H. A. TURLINGTON consideration, a request for a tax refund to H. A. Turlington, Jr., for interest paid in the
amount of $52.32. Commissioner Andrews moved to approve the $52.32 refund.
Commissioner Titchener seconded the motion and it passed unanimously.
Neil Emory, County Manager, noted that there has been a question for sometime about
COUNTTYY LINE HNSTON Nthe location of the Hamett/Johnston county line on Ebenezer Church Road, Aquilla
COUNTY Road, and Johnston County Road. The last piece of information needed was the
survey of a corner at the "head of Mingo Swamp". That corner has now been
surveyed, as well as three other points that identify the county line. This was made
possible through funds provided by the North Carolina Geodectic Survey, which
assists counties with surveying and clarifying the location of county boundaries. A
plat has been prepared by Hobbs, Upchurch & Associates to establish the correct
location of the county line and is presented for the Board's consideration.
Commissioner McNeill moved to adopt the plat "Re -survey of a Portion of the
Hamett/Johnston County Line, North Carolina" dated February, 2001 and revised
March 5, 2001. Commissioner Hill seconded the motion and it passed unanimously.
The plat will be recorded at the Harnett County Register of Deeds.
Departmental reports were filed with the Board from Economic Development, Animal
Control, and Sheriff s Department. Mr. Emory noted that the balanced budget will be
presented to the Board at its next meeting, May 7, 2001.
Commissioner Andrews moved for the Board to go into closed session for the
CLOSED SESSION following purposes:
To consider and give instructions to the County Attorney concerning the
settlement of certain claims including these cases:
ow
ADJOURNMENT
a) Marie Goodman vs Harnett County, et als, Harnett County File No. OOCvS
1148; and
b) McNeill vs McKoy, Harnett County File No. OOCvS 2170
Commissioner Hill seconded the motion and it passed unanimously.
Commissioner Hill moved for the Board to come out of closed session. Commissioner
McNeill seconded the motion and it passed unanimously.
There being no further business, Commissioner McNeill moved for adjournment.
Commissioner Hill seconded the motion and it passed unanimously. The regular
meeting of the Harnett County Board hf Commissioners duk adjourned at 8:15 p.m.
Ted ft)i J. Byff, , Vhairman
KA-x If . djAt 1
Kay S. Blanchard, Clerk to the Board
Attachment 1.
MONTHLY REFUND REPORT
09-Apr-01
BILL NUMBER NAME REASON AMOUNT
20009897
2000642030
1999515523
2000675044
2000663164
2000612190
2000684553
2000675700
1
YEAR MONTH TOWN
CICHOS, RUSSELL C HOME VALUE COUNTYWIDE - 14,086 X .73 = 102.83 2000 04/012
47895 FOXWOOD DECREASED DUE TO AND CRK FIRE - 14,086 X. I I = 15.49
CIRCLE CONDITION OF HOME TOTAL - 118.32
ELIZABETH, CO 80107
COMPTON, MICHAEL
OUT OF STATE
COUNTYWIDE - 2,328 X .73 =16.99
THOMAS
SPOUT SPRINGS FIRE - 2,328 X. 10 =
75 HUNTER FIELD
2.32
SANFORD, NC 27330
TOTAL - 19.31
HORNE, STEVEN
MILITARY EXEMPTION
COUNTYWIDE - 8,770 X .68 = 59.64
DEVON
AND CRK FIRE - 8,770 X. 12 = 10.52
266 JAMESTOWN DR
TOTAL - 70.16
SPRING LAKE, NC 28390
HUGHES, JR JAMES
MILITARY EXEMPTION
COUNTYWIDE - 6,210 X .73 = 45.33
PARKS
SPOUT SPRINGS FIRE - 6,210 X .10 =
370 COACHMAN WAY
6.21
SANFORD, NC 27330
TOTAL - 51.54
KERR, TRAVIS VICTOR
SOLD VEHICLE
COUNTYWIDE - 2,275 X .73 =16.61
15957 HWY 27 WEST
BENHAVEN FIRE - 2,275 X .07 = 1.60
SANFORD, NC 27330
TOTAL - 18.21
QUIST, BRENDA
VEHICLE SOLD
COUNTYWIDE - 380 X .73 = 2.78
KEYSER
TOTAL - 2.78
132 QUIST LANE
CAMERON, NC 28326
SEXTON, FAYE
SOLD VEHICLE, TURNED
COUNTYWIDE - 20,446 X .73 = 149.26
UPCHURCH
IN TAG
SUMMERVILLE FIRE - 20,446 X .07 =
1458 U.S. 421 NORTH
14.32
LILLINGTON, NC 27546
TOTAL - 163.58
STEPHENS, JAMES E
SOLD VEHICLE
COUNTYWIDE - 3,095 X .73 = 22.60
516 RHODES DRIVE
TOWN OF ERWIN - 3,095 X .48 = 14.86
ELBERTON, GA 30635
ERWIN FIRE - 3,095 X .05 = 1.55
TOTAL - 39.01
•
2000
04/012
1999
04/012
2000
04/012
2000
04/012
•
2000
04/012
2000
04/012
2000
04/012
ERWIN
Attachment 2.
PROCLAMATION
National County Government Week
County government traces its roots to the English shire of a thousand years ago,
serving as the citizen's local government voice since its inception.
• When the federal government was formed, the framers of the Constitution chose
to provide states with the freedom to create county governments. Early state
constitutions conceptualized the importance of county government and its dual value to
both the state and federal governments.
Changes in structure and greater autonomy from the states, rising revenues adn
stronger political accountability have ushered in a new era for county governments as
they begin the 21" century.
Technology plays a huge role in our lives today, bringing about changes in nearly
everything that we do. Counties are using technology to improve the delivery of services
and communication to citizens.
In the past, county governments seized opportunities and met challenges that
confronted them. Today, county governments continue to be the citizen's local
government voice and are the governments of the future, providing solutions that bring
communities together.
In recognition of the leadership, innovation and valuable service provided by our
nation's counties:
•.
Now, therefore, the Harnett County Board of Commissioners hereby proclaims
April 22-28, 2001 National County Government Week in Harnett County.
Adopted this 16`h day of April, 2001.
HARNETT COUNtY BOARD
Walt ritchEer
Attachment 3.
III
RESOLUTION
Dan B. Andrews
i
'---rimMcNeill
BE IT RESOLVED that the Harnett County Board of Commissioners
does hereby, by proper execution of this document, request that the North Carolina
Department of Transportation add to the State's Secondary Road System the below listed
streets.
• Peachtree Crossing Subdivision
Peachtree lane
Peach Blossom Circle
Sandy Bluff Court
Duly adopted this 16t' day of April, 2001.
HARNETT COUNTY BOARD OF COMMISSIONERS
ATTEST:
1&y1t. Blanchard
Clerk to the Board
196
RESOLUTION
BE IT RESOLVED that the Harnett County Board of Commissioners
does hereby, by proper execution of this document, request that the North Carolina
Department of Transportation add to the State's Secondary Road System the below listed
street.
Orchard Crest Subdivision
Orchard Crest Circle
Duly adopted this 16a' day of April, 2001.
COUNTY BOARD OF COMMISSIONERS
ATTEST:
X 2 ,n4 J ZLKzA lrl7d
Kay 9. Blanchard
Clerk to the Board
Attachment 4.
NORTH CAROLINA
HARNETT COUNTY AGREEMENT
THIS AGREEMENT is entered into as of the _L day of April, 2001, between the
COUNTY OF HARNETT (hereinafter sometimes referred to as "County" or "Seller"), the
SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY
(hereinafter sometimes referred to as the "District") and the TOWN OF SPRING LAKE,
(hereinafter sometimes referred to as "Town" or Purchaser").
WITNESSETH:
THAT WHEREAS, the Purchaser is a municipal corporation duly organized and existing
under the laws of the State of North Carolina, and is located within Cumberland County, North
Carolina; and
WHEREAS, District is a county water and sewer district organized and existing under the
laws of the State of North Carolina; and
WHEREAS, County is a body politic organized and existing under the laws of the State
of North Carolina; and
•
•
WHEREAS, the Purchaser operates a municipal water district system and desires
additional sources of potable water for distribution within said system; and
WHEREAS, District owns a water distribution system located adjacent to Cumberland
County and currently has contracted for the purchase of a sufficient quantity of water to serve its
existing and potential customers, plus additional water users; and
WHEREAS, County, through its Department of Public Utilities, manages and operated •
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 the Purchaser as is herein set forth; and
WHEREAS, County desires to sell to Purchaser, and Purchaser desires to buy from
County a supply of potable water as set forth herein; and
WHEREAS, the District desires to enter into this Agreement for the purpose, among
others, of acknowledging its consent to connection to its system as hereinafter provided; and
WHEREAS, The Parties to this agreement acknowledge that the County's priority
customers are the Harnett County Consumers; and
WHEREAS, the parties have agreed upon the terms regarding the matters mentioned
above, and now desire to set forth the terms of their agreements;
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements
hereinafter set forth, the parties agree as follows:
9 7
SECTION I
CONNECTION AND POINT OF DELIVERY
A. Existing System in Harnett County It is understood that there currently exists two
(2), eight (8) inch water distribution pipelines located on the Harnett County side of
the Harnett County -Cumberland County boundary converging at the intersection of
NC Hwy 210 and Ray Road. Said pipe line is a part of the system of the District
which is operated by the County.
•
B. Connection
Pipeline It is agreed that the Purchaser shall cause to be constructed
and installed a water distribution pipeline of the size of twelve (12) inches from the
meter facility hereinafter described in subsection C to the existing system of the
District at the intersection of NC Hwy 210 and Ray Road at the convergence of two
(2) existing eight (8) inch mains. Such pipeline shall begin at said meter facility in
Cumberland County and shall run continuously in a northerly direction along the
right of way of NC Hwy 210 into Harnett County to the point where the same shall
connect to the above described existing system. Permission to make connection to
the existing 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. Any water
lines North of the delivery point to be the property of the District.
C. Meter Facility. It is agreed that the Purchaser shall cause to be constructed and
installed the necessary metering equipment, including a meter house or pit, and
required devices of standard type for properly measuring the quantity of water
delivered to the Purchaser. It is understood that said meter facility shall be located on
a permanent easement adjacent to Hwy 210, near the Harnett County/Cumberland
County line, within Cumberland County. The meter facility described in this
subsection shall be the point of delivery. Said metering facility shall be built by a
qualified, licensed contractor. The plans and specifications of said metering facility
shall be provided to the County and the District for their review.
D. Booster Pump Station. If is agreed that the Purchaser shall cause to be constructed
•
a booster pump station within Cumberland County according to specifications
provided by Harnett County Public Utilities. This facility shall be a completely
operational pump station including all pumps, switches, valves, meters, motors,
telemetry units, connections and any other necessary components.
E. Telemetry. It is agreed that the Purchaser shall provide telemetry controls for the
above referenced booster pump station and for their water storage facility. Said
telemetry units shall be compatible with the units currently in use by the County and
according to specifications provided by the County.
F. Ownership of Infrastructure.
i. As provided hereinabove the Purchaser shall cause to be built a connecting
pipeline, telemetry, metering facility and a booster pumping station. Upon
completion of these facilities the Town shall convey these facilities to the
County. This conveyance shall be by bill of sale and/or deed as may be
required.
ii. Once Conveyed, the above referenced facilities shall be and remain the
property of the County and as such the County shall maintain, operated,
manage, regulate and control the same as may be granted by statute, but not
inconsistent with the terms provided herein.
G. Warranties. The Town shall transfer any construction or builders warranty for all
facilities conveyed to the county.
• H. Disposition of Facilities at Termination. Upon the termination of this contract, or
any renewals of the same, the parties shall negotiate for the disposition of the pump
station, metering equipment, telemetry equipment and any real estate associated with
said facilities.
I. Water Storage Telemetry. Any telemetry units installed upon the Town's water
storage facility shall remain the property of the Town, but will be maintained by the
County in connection with other associated units.
J. Construction. Any construction, installation, additions, or modifications of any
facilities, as provided herein, shall be done by qualified, licensed contractors.
K. Land Purchase. The County agrees to provide funds for the purchase of any land
required to build the booster pumping station and the meter vault facility. The Town
agrees to assist the County in acquiring said land, if necessary, through their power of
eminent domain.
SECTION H
TRANSMISSION PIPELINE TO PURCHASER'S SERVICE AREA
A. Construction and Operation The Purchaser 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 to the south of the point of delivery. Purchaser 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 the service area of the
Purchaser.
SECTION III
CROSS CONNECTIONS
A. PROHIBITION. Purchaser agrees that upon and after the date the connection is
made from the existing system in Harnett County to the connection pipeline, the
Purchaser shall not knowingly allow any cross connection or connections to exist
between any water system(s) it owns and/or operates and/or the same are otherwise
connected to, and any pipeline containing a contaminate. Purchaser shall allow no
connections to other present or future sources of water, except Purchaser may make
connections to other presents or future sources of water when such source or sources
are owned and operated by a local governmental unit and such unit operates the same
pursuant to and in compliance with all applicable federal and state laws, rules and
regulations. Purchaser agrees to enact such ordinances and regulations so as to
prevent said cross connections and agrees to take such reasonable actions as are
appropriate to enforce the same.
B. Indemnification.
i. Purchaser hereby agrees to indemnify and hold harmless the County and/or
District from and against all loss, costs, expenses, including attorneys' fees,
claims, suits, and judgments whatsoever in connection with any sickness,
injury to or death of any person or persons associated with and/or caused by
Purchaser's breach of subsection A above.
ii. County and/or District hereby agrees to indemnify and hold harmless the
Purchaser from and against all loss, costs, expenses, including attorneys'
fees, claims, suits, and judgments whatsoever in connection with any
sickness, injury to or death of any person or persons associated with and/or
caused by County and/or District's breach of subsection A above.
SECTION IV
WATER SALE TO PURCHASER
The Seller agrees to sell water to the Purchaser and the Purchaser agrees to buy water
from the Seller pursuant to and in accordance with the following terms, conditions and
procedures:
A. Quality and Quantity The Seller agrees to furnish the Purchaser at the point of
delivery hereinabove specified potable treated water meeting applicable purity
standards of the Division of Health Services, Department of Human Resources of the
State of North Carolina, in such quantity as may be required by the Purchaser not to
exceed Five hundred thousand (500,000) gallons per day. The Purchaser shall
purchase a minimum of One hundred fifty thousand (150,000) gallons per day.
B. Pressure. The water will be furnished to the purchaser at the point of delivery at a
reasonable constant pressure calculated at a minimum of fifty (50) pounds per square
inch. If a greater pressure than that normally available at the point of delivery is
required by the Purchaser, the cost of providing such greater pressure shall be borne
by the Purchaser.
C. Emenz acy Failure. Emergency failures of pressure or supply due to main supply
breaks, power failure, flood, fire, and use of water to fight fire, earthquake or other
catastrophe shall excuse the Seller from the provisions of this Section for such
•
•
•
reasonable period of time as may be necessary to restore services.
199
D. Meter Facility and Metering. The County agrees to operated 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 the Purchaser, but not more frequently than once every twelve
(12) months. A meter registering not more than two percent (2%o) above or below the
test result shall be deemed to be accurate. The previous reading of any meter
•
disclosed by test to be inaccurate shall be corrected for the three (3) months previous
to such test in accordance with the percentage of inaccuracy found by such tests. If
any meter fails to register for any period, the amount of water furnished during such
period shall be deemed to be the amount of water delivered in an average of the
preceding six (6) months immediately prior to the failure, unless Seller and Purchaser
shall agree upon a different amount. The metering equipment shall be read on the
first day of each month. An appropriate official of the Purchaser at all reasonable
times shall have access to the meter facility for the purpose of verifying its readings.
E. Billing Procedure. The Seller will furnish the Purchaser not later than the tenth
(10d') day of each month, with an itemized statement of the amount of water
furnished the Purchaser during the preceding month.
F. Rates and Payment Date. The Purchaser agrees to pay the Seller, not later than the
last working day of each month, for water delivered in accordance with that schedule
of rates, as adopted from time to time by Seller, for bulk municipal customers. Said
rate is currently $1.55 per 1,000 gallons of water delivered and shall so remain until
July 1, 2001, when the same shall be subject to adjustment. The minimum rate shall
•
be that charge as calculated under said schedule of rates for the amount of One
hundred fifty thousand (150,000) gallons per day. In addition to the bulk rate as
provided above the Purchaser shall pay the sum of thirteen cents ($0.13) per One
thousand (1,000) gallons of water delivered as a pump cost. This cost is in addition
to water cost and represents the cost to pump water from the County water
production facility to the point of delivery. This rate is subject to adjustment on an
annual basis beginning on July 1, 2001 and shall be based upon demonstrable cost of
pumping expense. The minimum cost shall be that charge as calculated for One
hundred fifty thousand (150,000) gallons per day.
G. Water for Testing. Purchaser will furnish water for testing all lines, pumps and
meters.
H. Term. The term of this Agreement relative to the sale of water to the purchaser shall
extend for a term of five (5) years from the date of the initial delivery of any water as
shown by the first bill submitted by the Seller to the Purchaser and, thereafter may be
renewed or extended for a like term upon the option of the Purchaser.
1. Initial Delivery. Thirty (30) days prior to the estimated date of completion of
•
construction of Purchaser's water pipeline or main which shall connect to the meter
facility, the Purchaser will notify the Seller in writing of the date for the initial
delivery of water.
J. Failure to Delivery. The Seller will, at all times, operate and maintain its system in
an efficient manner and will take such actions as may be necessary to furnish the
Purchaser with quantities of water required by the Purchaser, up to the maximum
above set forth. Temporary or partial failures to deliver water shall be remedied with
all possible dispatch. In the event of an extended shortage of water, or the supply of
water available to the Seller is otherwise diminished over an extended period of time,
the supply of water to Purchaser's consumers shall be reduced or diminished in the
same ratio or proportion as the supply to Seller's consumers is reduced or diminished.
In the event that the water supply is reduced or diminished below the
minimum gallons, as provided in Section IV, paragraph F, the town would be billed
for actual gallons used. This provision would only apply during periods of rationing
or diminished supply.
SECTION V •
RESALE OF WATER
A. Responsibilities of Purchaser. It is the understanding of the Seller that the
Purchaser will resell the water delivered to it pursuant to the 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, shall be the
sole responsibility of the Purchaser;
I. The operations and maintenance of any water system owned and/or operated by
the Purchaser.
2. The establishment and setting of all rates, fees and other charges for water
connections made to and services provided by Purchaser with respect to any
water system owned and/or operated by the Purchaser.
3. The billing and collection of all rates, fees, and other charges for water
connections made to and services provided by Purchaser with respect to any
water system owned and/or operated by the Purchaser.
4. The administrative, legal or any other costs associated with any water system
owned and/or operated by the Purchaser. •
B. Indem ication.
i. The Purchaser shall and hereby does indemnify and hold harmless the
County and/or District from and against all costs, loss, expenses, (including
attorneys' fees), claims suits and judgments whatsoever in connection with
any and all liability arising out of any error, omission and/or other act,
whether intentional or negligent, made or caused by the Purchaser and/or its
officers, agents and employees in connection with the resale of water and the
responsibilities of Purchaser as stated in subsection A above.
ii. The County and/or District shall and hereby does indemnify and hold
harmless the Purchaser from and against all costs, loss, expenses, (including
attorneys' fees), claims suits and judgments whatsoever in connection with
any and all liability arising out of any error, omission and/or other act,
whether intentional or negligent, made or caused by the County and/or
District and/or its officers, agents and employees in connection with the
resale of water and the responsibilities of County and/or District as stated in
subsection A above.
SECTION VI is
EMERGENCY SERVICES
A. County Agreement. The County agrees to provide up to 1,000,000 gallons of water
per day to the Town for a period up to Ten (10) days, within any Sixty (60) day
period due to emergency situations effecting the water supply to the Town.
B. Town Agreement Subject to their capacity to provide water, the town agrees to
provide up to 1,000,000 gallons of water per day to the County for a period up to Ten
(10) days, within any Sixty (60) day period due to emergency situations effecting the
water supply to the County.
C. Emergency Defined An emergency shall defined as a temporary interruption in
normal water supply due to a hazardous spill with in a watershed, a mechanical or
equipment failure, loss of electrical power, earthquake, flood, hurricane, tornado or
similar nature disaster.
20
D. Emergency Failure A failure of pressure or supply due to main supply breaks,
power failure, flood, fire and use to fight fire, earthquake or other catastrophe shall
excuse the County and/or the Town from the provisions of this section for such a
reasonable period of time as may be necessary to restore services.
E. Rates.
i. Water provided to the Town of Spring Lake by the County of Harnett
pursuant to this section shall be billed at the same rate and terms as provided
• in Section IV (F.).
ii. Water provided to the County of Hamett by the Town of Spring Lake
pursuant to this section shall be billed at the Town's cost plus ten cents
($0.10) per One thousand (1,000.00) gallons of water.
SECTION VIII
GENERAL PROVISIONS
A. Modification of Agreement The provisions of this Agreement may be modified or
altered by the mutual written agreement of the parties hereto.
B. Binding Agreement. The covenants and agreements contained in this Agreement
are binding on the parties hereto and their successors, assigns and legal
representatives.
C. Breach by the Parties In the event the Purchaser or seller shall breach its
agreements hereunder or fail to take such actions as specified, the opposing party
shall not have any further obligation to the other party hereunder. This provision
in no way diminishes or prejudices any other rights or remedies of the parties
regarding any breach of this Agreement.
•
D. Regulatory Agencies. This Agreement is subject to such rules, regulations,
statutes and/or laws as may be
applicable to such or similar agreements in this
State and the parties hereto agree to collaborate when necessary to obtain such
permits, certifications, or the like, as may be required to comply therewith. In the
interpretation of any provision contained herein, all requirements shall be
interpreted to allow compliance with all state public water and supply
regulations, standards, and requirements.
E. 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 on 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 the Purchase shall be made in
writing and mailed by first class mail to the Town of Spring Lake at the
following address: Town Manager
Post Office Box 617
Spring Lake, North Carolina 28390
•
Any notice to be given hereunder to the County or the District shall be made in
writing and mailed by first class mail to the County of Harnett and/or South
Central Water and Sewer District of Harnett County (whatever the case may be)
at the following address: Public Works Director
Post Office Box 769
Lillington, North Carolina 27546
G. Authority. The Purchaser, the County and the District represent and warrant,
each to the others, the existence of all capacity, authority, resolutions and actions
necessary to execute this Agreement.
H. Triplicate Originals. This Agreement is executed in triplicate originals, one of
which is retained by each party hereto.
?o2
Executed by South Central Water and Sewer District of Hamett County, this _L4_,k day
of !-nU::'I 2001.
South Central Water and Sewer
District of Harnett County
BY: L •
a an, oar ommissi ners Harnett
County Sitting governing body of South
Central Water and Sewer District of Harnett
County.
ounty.
zg:,. n.G /1 n
ard, Clerk to the
f the District.
Executed by County of Harnett County, this J_�I_Nay of Oo yl') 2001.
JCah,
Kay Blihich
Board and o
Cou ty of Harnett
BY:
ha' an, B of Co issioners of
amett County
Ka�,, 2,4
Kay Blanchard, Clerk to the Board
Executed by the Tim of I&e, this 4 t p ' day of 42r,' % 2001.
— Town of Spring Lake is
9 • Mayor
s
Clerk
This instrument has been pre -audited in the manner required by the Local Government Budget
and Fiscal Control Act.
F' ance Director
Town of Spring Lake
Attachment 5.
is