02201989 (5)SOUTHEAST WATER AND SEWER DISTRICT MEETING, FEBRUARY 20, 1989
CALL TO ORDER
The Harnett County Board of Commissioners sitting as the governing body of
Southeast Water and Sewer District of Harnett County met February 20, 1989, in
the County Office Building, Lillington, North Carolina, with the following
members present: Rudy Collins, Bill Shaw, Mack Reid Hudson, Mayo Smith, and
Chairman Lloyd G. Stewart presiding. Others present were: Dallas H. Pope,
County Manager; W. Glenn Johnson, County Attorney; Vanessa W. Young, Clerk to
the Board; and Kay S. Blanchard, Recording Secretary.
Chairman Stewart called the meeting to order at 10:30 p.m.
RESULTS OF SPECIAL
ELECTION
The Clerk of the Board of Commissioners and of
the District placed before the Board of Commissioners,
sitting as the governing body of Southeast Water and Sewer
District of Harnett County, a Certificate of Canvass of the
Harnett County Board of Elections certifying to the Board of
Commissioners, sitting as the governing body of Southeast
Water and Sewer District of Harnett County, the results of
the Special Election held for the Southeast Water and Sewer
District of Harnett County on January 24, 1989. The
Certificate was read and considered.
Commissioner Hudson moved the adoption of the
following resolution:
WHEREAS, the Board of Commissioners, sitting as
the governing body of Southeast Water and Sewer District of
Harnett County, has considered the Certificate of Canvass of
the Harnett County Board of Elections canvassing the
referendum held for the Southeast Water and Sewer District of
Harnett County on January 24, 1989 and certifying the result
thereof to the Board of Commissioners, sitting as the
-governing body of Southeast Water and Sewer District of
Harnett County, and has canvassed the result of said Special
Election; NOW, THEREFORE,..
BE IT RESOLVED by the Board of Commissioners of
the County of Harnett, sitting as the governing body of
Southeast Water and Sewer District of Harnett County, that it
be and hereby is certified and declared that the number of
voters registered and qualified to vote at said Special
Election was 2,801.
FURTHER RESOLVED, that it be and hereby is
certified and declared that the total number of voters who
voted "YES" in answer to the question,
"SHALL the order authorizing $4,500,000 of bonds
secured by a pledge of the faith and credit of
the Southeast Water and Sewer District of
Harnett County to pay capital costs of providing
water facilities within and without the
corporate limits of the. District, including
construction of storage tanks and distribution
lines, and the acquisition and installation of
necessary machinery and equipment and the
acquisition of land or rights -in -land required
therefor, and a tax to be levied for the payment
thereof, be approved ?",
was 232. The total number of voters who voted "NO" in answer
to such question was 57.
237
FURTHER RESOLVED, that a statement substan-
tially in the form hereinafter set forth declaring the result
of said election shall be prepared, delivered to the Clerk of
the Board of Commissioners and of the District for filing and
recordation and published in accordance with law:
STATEMENT OF RESULT OF SPECIAL ELECTION
HELD FOR THE SOUTHEAST WATER AND SEWER DISTRICT
OF HARNETT COUNTY
JANUARY 24, 1989
WHEREAS, by direction of the Board of
Commissioners of the County of Harnett, sitting as the
governing body of the Southeast Water and Sewer District of
Harnett County, in the State of North Carolina, a special
election was duly called and held for said District on
January 24, 1989 for the purpose of submitting to the
qualified'voters of said District the question hereinafter
set forth, and the said Board, sitting as the governing body
of said District, has received from the Harnett County Board
of Elections a certification of the results of the election,
and has determined the result of said election to be as
hereinafter stated; NOW, THEREFORE,
The Board of Commissioners of the County of
Harnett, sitting as the governing body of the Southeast Water
and Sewer District of Harnett County, hereby makes the
following statement of the result of said election pursuant
to The Local Government Bond Act:
(1) The number of voters registered and
qualified to vote at said election was 2,801.
(2) The total number of voters who voted "YES"
in answer to the question,
"SHALL the order authorizing $4,500,000,of -bonds
secured by a pledge of the faith and credit of
the Southeast Water and Sewer District of
Harnett County to pay capital costs of providing
water facilities within and without the
corporate limits of the District, including
construction of storage tanks and distribution
lines, and the acquisition and installation of
necessary machinery and equipment and the
acquisition of land or rights -in -land required
therefor, and a tax to be levied for the payment
thereof, be approved ?",
was 232. The total number of voters who voted "NO" in
answer to such question was 57. The question in the form
submitted was approved by the affirmative vote of a majority
of those who voted thereon at said election.
238
RESOLUTION RE:
WATER USER AGREE.
Any action or proceeding challenging the
regularity or validity of this bond referendum must be begun
within 30 days after
(date of publication)
Board of Commissioners of
the County of Harnett,
sitting as the governing
body of Southeast Water
and Sewer District of
Harnett County, North
Carolina
Commissioner Collins. seconded the motion, and
the motion was adopted by the following vote:
AYES: s
NAYS: 0
Attorney John M. Phelps, II, introduced the following resolution authorizing
water user agreements and initial hook up connection fees:
RESOLUTION AUTHORIZING WATER USER AGREEMENTS AND INITIAL
HOOK UP CONNECTION FEES
(SOUTHEAST WATER AND. SEWER DISTRICT)
WHEREAS, the Harnett County Board of Commissioners, sitting
as the governing body of the Southeast Water and Sewer District of
Harnett County (hereinafter "the Board") desires to proceed with
its plans to provide water services in. the Southeast Water and
Sewer District of Harnett County (hereinafter "the District "); and
WHEREAS, in order to proceed with its plans, the Board has
determined that the District must first contract to provide water
services to a sufficient number of customers within the District
so; as to make construction of a water system therein economically
feasible, and
WHEREAS, attached hereto. as "Exhibit A" is a Residential Water
User Agreement which has been recommended to be used by the
District in contracting with water customers; and
WHEREAS, the Board desires to adopt and authorize the use of
the referenced Residential Water User Agreement for the purpose
described; and
WHEREAS, in order to raise the local funds necessary - to
implement the water construction project, a tap -on or connection
fee must be charged to water' customers; and
WHEREAS, the Board desires to make provisions for a tap -on or
connection fee for the District in a reduced amount so as to
provide an incentive to the people in the District to contract for
the District's water service; and
239
WHEREAS, the Board finds that a fair and equitable fee to be
charged during the initial contracting or early sign up period
shall be One Hundred ($100.00) Dollars; and
WHEREAS, the Board now desires to adopt such fee as the
District's initial hook up or early sign up tap -on or connection
fee.
NOW, THEREFORE, BE IT RESOLVED, by the Harnett County Board
of Commissioners, sitting as the governing body of the Southeast
Water and Sewer District of Harnett County, as follows:
1. That the Residential Water User Agreement
attached hereto as "Exhibit A" is hereby
adopted for use by the District in contracting
to provide water services to customers therein.
2. That the Director of the Harnett County
Department of Public Utilities is hereby
authorized to execute such Residential Water
User Agreements on behalf of the District.
3. That the early sign up or initial hook up
reduced tap -on or connection fee for the
District be One Hundred ($100.00) Dollars.
Duly adopted this 20 day of February, 1989, upon motion made
by Commissioner Shaw , seconded by Commissioner
Collins and passed by the following vote:
Ayes 5 Noes 0 Absent 0 Abstained
AT/TEST:
/1A.v.4aA-GJYji�. Z/
Vanessa W. Young=k
to the Board an& of the
Southeast Water and Sewer
District of Harnett County
0
LTo1/d G(�/ Stewart, C airman
HARNETT COUNTY BOARD OF COMMISSIONERS,
Sitting as the governing body of the
Southeast Water and Sewer District of
Harnett County
EXHIBIT A
Southeast Water and Sewer District of Harnett County
RESIDENTIAL WATER USER AGREEMENT
(Initial Hookup - Reduced Rate)
User's Mailing Address:
Name
Street, Route or P.O. Box
City or Town, State, Zip
Number of Persons Living in
Household
AMOUNT PAID
RECEIPT NO.
RECEIPT NO.
PROPERTY NO.
CUSTOMER NO.
LANDLORD NAME /NO.
This Agreement, made and entered into this the day of
, 19 , between the Southeast Water and Sewer
District of Harnett County, (hereinafter "District ") and
(hereinafter "User") a potential user of the water system owned and
operated by the District.
W I T N E S S E T H:
The District, in connection with the Harnett County Department
of Public Utilities, is planning to construct and thereafter operate a
water supply and distribution system (hereinafter "water system ") to
serve areas within the District. It is the desire of the District to
serve as many individuals as may be economically feasible.
Construction of the water system is contingent, among other things,
upon the District obtaining funding for the costs of construction. In
order for the District to move forward with the planning for the water
system, it is necessary for the District to obtain commitments from a
sufficient number of individuals and /or property owners to connect to
and use the water system. By signing this Agreement, in the event the
water system is constructed, the User named above agrees to connect
such User's residence, business or other building to the water system
and agrees to thereafter use such system for User's water source.
However, in the event the water system is not constructed, then
neither the District nnr MIo nr - 1 „ •
240
However,
in the event the water system is not constructed, .. then
neither the District, nor the User named shall be obligated hereunder.
NOW. THEREFORE, In consideration of the mutual promises herein set
forth, it is agreed by District and User as follows:
A. It is mutually understood by User and District that in the
event an adequate number of water users for the District is not
obtained or for .other reasons construction of the water system is not
begun or a water distribution line is not available to the User, then
neither District nor User shall be bound hereunder.
B. The property which is the subject of this Agreement and to
which water shall be supplied as provided is described as follows:
C. User agrees to'pay to District the amount of One Hundred
($100.00) Dollars per connection as a tap -on charge, said amount being
due after notice to User by District. The notice shall be given after
funding commitments for the costs of construction of the District's
water system are obtained, and shall be mailed to User by first class
mail at the address indicated above. In the event that construction
of the water system does not follow as anticipated or a water
distribution line is not available to User, District shall refund the
tap -on charge to User, without interest, and the provisions of
paragraph D(12) will become inoperable.
D. In the event that the water system is constructed and a
water distribution line is available to the User and the property
described, then the following agreements shall apply:
1. District, pursuant to its Rules and Regulations, agrees to
provide a water service connection on the above described property and
upon completion of the construction of the system and the commencement
of the operation thereof, to provide potable water to the User.
2. User agrees to pay to District the amount of Ten Dollars
($10.00) as a deposit, as required by the District Rules and
Regulations, which deposit may be returned without interest as
provided by said Rules and Regulations. Said deposit shall be due 30
days after notice - toUser by District and such notice shall be given
by first class mail to User at the mailing address indicated hereon.
Should this agreement be for rental property, the amount of the
deposit, as set forth in the said Rules and Regulations, shall be
Twenty -five. ($25.00) Dollars. Said deposit shall be paid by or on
behalf of the tenant prior to commencement of water-.service.-
Additionally, prior to commencement of water service, the tenant must
complete and file a tenant water application.
3. User grants the District, its successors and assigns, a
perpetual easement in, over, under, and upon the above described land
with the right to erect, construct, intall, lay and thereafter use,
operate, inspect, repair, maintain, replace and remove water lines,
meters, meter service facilities and appurtenant facilities thereon,
together with the right of ingress and egress over adjacent land for
the purposes mentioned above.
4. User shall install and maintain at User's own expense a 3/4 .
inch cut -off valve on the User's side of the District's water meter
and a service line which shall begin at the meter and extend to the
dwelling or place of use. The service line shall connect with the
water system of the District at the nearest place of desired use by
the User, provided the District has determined in advance that the
District water system is of sufficient capacity to permit the delivery
of water at that point.
5. User agrees to comply with all requirements, rules and
regulations applicable to water users adopted by the Division of
Health Services of North Carolina Department of Human Resources. User
further agrees that upon and after the date a plumbing connection is
made between the User and the District, User shall allow no cross
connection to exist between the District's system and any pipeline
containing a contaminant or any pipeline connected to other present or
future sources of water.
6. User agrees to pay for water at such rates, time, and place
as shall be determined by the District and agrees to the penaltie.s for
non- compliance with the above, as set out in the District's Rules and
Regulations.
7. It is understood that after the date water is made available
to the User, District shall notify -User of such fact. Such notice
shall set forth the details regarding the making of the plumbing
connection, and shall provide information concerning User's
obligations with respect to obtaining applicable inspections and
permits regarding the plumbing connection. User shall then have sixty
(60) days from the date of such notification to make the plumbing
connection from the place of use on the above described property to
the District's system. Charges for water shall commence on the date
that the plumbing connection is completed, but in no event later than
the end of the sixty (60) day period. That is to say, if the plumbing
connection is not completed by the end of the sixty (60) day period,
user charges shall commence and User shall be obligated to pay the
minimum user bill from and after the end of such period, regardless of
whether water is being supplied to User. 8. User agrees to abide by the Rules and Regulations of the
District as from time to time promulgated by the District or the
Harnett County Board of Commissioners, and further agrees to abide by
such other Harnett County ordinances, rules and regulations with
respect to water service connections, as are adopted by the Harnett
County Board of Commissioners. Additionally, User agrees to obtain
the necessary inspections and permits related to water service
connections as required by the Inspections Section of the Harnett
County Planning and Development Department.
241
RESOLUTION RE:
APPLICATION TO
FmHA
9. District shall purchase and install a cutoff valve and water
meter for each service. The District shall own said meter and shall
have the exclusive right to use it.
10. User agrees that there shall be one water connection for
each building or structure requiring water connections on the above
described property. A tap -on charge shall be due for each such
connection.
11. District shall have final jurisdiction on any question of
location of any service line connection to its distribution system;
shall determine the allocation of water to User in the event of a
water shortage and may shut off water to User if User allows a
connection or extension to be made to User's service for the purpose
of supplying water to another user.
12. In the event User breaches this agreement by refusing or
failing, without just cause, to connect to the District's distribution
system as set forth, User agrees to pay District $500.00 liquidated
damages; and in the event User transfers title or agrees to transfer
title to the above described property, before or after such
connection, User agrees that this agreement shall run with the
property title thereto and agrees to advise the new owner with respect
hereto and furnish new owner a copy hereof.
13. After District has executed this Agreement, a copy shall be
provided to User by mailing to the User's address as indicated above.
Signed by User this day of , 19_
User
User
1989.
Witness
Signed by District this day of
BY:
SOUTHEAST WATER AND SEWER
DISTRICT OF HARNETT COUNTY
Rodney M. Tart, Director
Harnett County Department of
Public Utilities
Post Office Box 1119
Lillington, N.C. 27546
Attorney John M. Phelps, II, introduced the following resolution authorizing
funding application to Farmers Home Administration for water facilities project:
RESOLUTION AUTHORIZING FUNDING APPLICATION TO
FARMERS HOME ADMINISTRATION FOR WATER FACILITIES PROJECT
(Southeast Water and Sewer District)
WHEREAS, the. Harnett County Board of Commissioners, sitting
as the governing body of the Southeast Water and Sewer District of
Harnett County (hereinafter "the Board ") has heretofore caused
preapplication to be filed with the Farmers Home Administration of
the United States Department of Agriculture (hereinafter "FmHA ")
for the purpose of obtaining funding to provide water facilities
within the Southeast Water and Sewer District of Harnett County
(hereinafter "the District "); and
WHEREAS, said preapplication requested funding from FmHA in
the amount of $4,135,000; and
WHEREAS, FmHA has reviewed said preapplication, and in
response thereto has suggested that the District file a formal
application for said funding; and
WHEREAS, it is the desire of the Board to make said formal
application and to cause the same to be filed pursuant to the
requirements of the FmHA.
242
ADJOURNMENT
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of.
Commissioners, sitting as the governing body of the Southeast Water
and Sewer District of Harnett County as 'follows:
1. That the District file formal application with
the FmHA for the purpose of obtaining funding
for the water facilities project in the
District.
2. That said application be made requesting
funding in such amount as may be required to
provide said water facilities in an
economically feasible manner.
3. That the officers, and appropriate
representatives of the District are directed
to take such actions, and execute such
documents and papers as are required to
effectuate the filing of said Application.
Duly adopted this 20 day of February, 1989, upon motion made
by Commissioner Hudson , seconded by Commissioner
Smith and passed by the following vote:
5 5
Noes 0 Absent 0 Abstained 0
Vanessa W. Young,f/Clleef* to
the Board and of the Southeast
Water and Sewer District of
Harnett County
Llo • 1. Stewart, Chairman
HARNET COUNTY BOARD OF COMMISSIONERS,
Sitting as the governing body of the
Southeast Water and Sewer District of
Harnett County
There being no further business, the Southeast Water and Sewer District of
Harnett County meeting, February 20, 1989, duly adjourned at 10:45 p.m.
y G. Stewart, Chairman
�. EdiaineAvid
Kay S. Blanchard, Recording Sec.
a._.W
Vanessa W. Young, Cle ` to td- Board