03061989 (2)265
NORTHWEST WATER $ SEWER DISTRICT MEETING, MARCH 6, 1989
CALL TO ORDER
RESOLUTION RE:
REAPPOINTMENT OF
CLERK
RESOLUTION RE:
AMENDMENT TO
ENGINEERING
AGREEMENT
The Harnett County Board of Commissioners sitting as the governing body of
Northwest Water and Sewer District of Harnett County met March 6, 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 11:30 a.m.
John M. Phelps, II, Public Utilities Attorney, presented a resolution
regarding reappointment of Clerk and Finance Officer for the District.
Commissioner Collins moved for the adoption of the resolution. Commissioner
Shaw seconded the motion and it passed with a unanimous vote. The resolution
is copied in full at the end of these minutes dated March 6, 1989, as document
No. 1.
John M. Phelps, II, Public Utilities Attorney, presented a resolution
authorizing an amendment to engineering services agreement. Commissioner
Collins moved for the adoption of the resolution. Commissioner Smith seconded
the motion and it passed with a unanimous vote. The resolution is copied in
full at the end of these minutes dated March 6, 1989, as document No. 2.
RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented a resolution
WATER USER ACRE. regarding water user agreements and connection fees. Commissioner Smith moved
$ CONNECTION FEE for the adoption of the resolution. Commissioner Collins seconded the motion
and it passed with a unanimous vote. The resolution is copied at the end of
these minutes dated March 6, 1989, as document No. 3.
RESOLUTION RE:
RULES F, REGS.
John M. Phelps, II, Public Utilities Attorney, presented a resolution
establishing rules an regulations for the District. Commissioner Collins
moved for the adoption of the resolution. Commissioner Shaw seconded the
motion and it passed with a unanimous vote. The resolution is copied at the
end of these minutes dated March 6, 1989, as document No. 4.
RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented a resolution
EXECUTION OF authorizing execution of management contract. Commissioner Collins moved for
MANAGEMENT CONT. the adoption of the resolution. Commissioner Shaw seconded the motion and it
passed with a unanimous vote. The resolution is copied in full at the end of
these minutes dated March 6, 1989, as document No. 5.
RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented a resolution
FACILITIES CONT. authorizing facilities contract with the Town of Fuquay- Varina. Commissioner
TOWN OF F -V Collins moved for the adoption of the resolution. Commissioner Smith seconded
the motion and it passed with a unanimous vote. The resolution is copied in
full at the end of these minutes dated March 6, 1989, as document No. 6.
RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented a resolution
PLANS FOR CONT. approving plans for construction of water system. Commissioner Collins moved
OF WATER SYS. for the adoption of the resolution. Commissioner Shaw seconded the motion and
it passed with a unanimous vote. The resolution is copied in full at the end
of these minutes dated March 6, 1989, as document No. 7.
ADJOURNMENT
There being no further business, the Harnett County Board of Commissioners
sitting as the governing body of Northwest Water and Sewer District of Harnett
County duly adjourned at 11:45 a.m.
Llo
Stewart, Chairman
16 A164(e)Cia
Kay S. 1 Blanchard, Recording Secretary
animexi
Vanessa W. Young, Clekk to he Board
266
DOGUMENT.NO
RESOLUTION REGARDING REAPPOINTMENT OF VANESSA W. YOUNG
AS CLERK AND FINANCE OFFICER OF THE NORTHWEST
WATER AND SEWER DISTRICT OF HARNETT COUNTY
WHEREAS, pursuant to the provisions of Article 6, Chapter 162A of
the General Statutes of North Carolina, the Harnett County Board of
Commissioners (hereinafter "the Board ") did, on March 23, 1987, create
the Northwest Water and Sewer District of Harnett County; and
.WHEREAS, The Board now sits as the governing body of the
Northwest Water and Sewer District of Harnett County (hereinafter "the
District "); and
WHEREAS, Vanessa W. Young currently serves as Clerk to the
Harnett County Board of Commissioners and of the District and as
Finance Officer for Harnett County and of the District; and
WHEREAS, the Board desires to acknowledge its intention that as
Clerk to and Finance Officer for Harnett County, Mrs. Young shall
continue to serve as the Clerk to and for the Northwest Water and
Sewer District and as Finance Officer for the same.
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners, sitting as the governing body of the Northwest Water
and Sewer District of Harnett County, that:
Vanessa W. Young as Clerk to and Finance Officer for Harnett
County shall be and hereby is reappointed Clerk and Finance Officer of
the Northwest Water and Sewer District of Harnett County to serve in
Duly adopted this the 6th day of March, 1989, upon motion made
by Commissioner Collins , seconded by Commissioner
Shaw , and passed by the following vote:
Ayes
Noes 0 Absent 0 Abstained 0
ATTEST:
Vanessa W. Y ng,.
Clerk to the oard
and of the Northwest
Water and Sewer District
of Harnett County
BY:
Llo
HARNETT COUNTY BOARD OF COMMISSIONERS
SITTING AS THE GOVERNING BODY OF THE
NORTHWEST WATER AND SEWER DISTRICT
OF HARNETT COUNTY
Stewart, Chairman
267
DOCUMENT NO. 2.
RESOLUTION AUTHORIZING
AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES
(NORTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY)
WHEREAS, the Harnett County Board of Commissioners, sitting as
the governing body of the Northwest Water and Sewer District of
Harnett County (hereinafter the "Board "), has examined the "Amendment
to Agreement for Engineering Services" between the County of Harnett,
the Northwest Water and Sewer District of Harnett County and Black &
Veatch, Inc., attached hereto as Exhibit "A "; and
WHEREAS, the Board desires for said Northwest Water and Sewer
District of Harnett County to enter into said "Amendment to Agreement
for Engineering Services" as set forth,
NOW, THEREFORE, BE IT RESOLVED, by the Harnett County Board of
Commissioners sitting as the governing body of the Northwest Water
and Sewer District of Harnett County that:
1. The Northwest Water and Sewer District of Harnett County is
hereby authorized to and shall enter into the "Amendment to Agreement
for Engineering Services" attached hereto as Exhibit "A ".
2. The appropriate officers of the Northwest Water and Sewer
District of Harnett County are hereby directed to execute said
"Amendment to Agreement for Engineering Services ".
Duly adopted this 6th day of March, 1989, upon motion made
by Commissioner Collins
Smith
, seconded by Commissioner
and passed by the following vote.
Ayes 5 Noes 0 Absent 0 Abstained 0
ATTEST:
Vanessa W. Young,j /Clerdt to the
Board and of the orthwest Water
and Sewer District of Harnett
County
HARNETT COUNTY BOARD OF
COMMISSIONERS, sitting as
governing body of the
Northwest Water and Sewer
District of Harnett County
BY: /V
L o d 9' Stewart, Chairman
Exhibit "A"
AMENDMENT TO
AGREEMENT FOR ENGINEERING SERVICES
This AMENDMENT. TO AGREEMENT FOR ENGINEERING SERVICES is made and
entered into this day of
, 1989, by and between THE
COUNTY OF HARNETT (hereinafter sometimes referred to as "County ") ,
the NORTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY (hereinafter
sometimes referred to as "District ") and BLACK & VEATCH, INC.
(hereinafter sometimes referred to as "Engineer ").
W I T N E S S E T H:
THAT WHEREAS, an "Agreement for Engineering Services" dated
November 18, 1986 was entered into between County, for the then
proposed Northwest Water and Sewer District of Harnett County, (said
County therein being referred to as "Owner ") and Engineer relating to
the furnishing of engineering services by Engineer with respect to
said Northwest Water and Sewer. District of Harnett County; and
DOCUMENT NO. 3.
WHEREAS, it was the understanding of County and Engineer that
services furnished pursuant to said Agreement should relate to the
providing of water services for the said Northwest Water and Sewer
District of Harnett County; and,
WHEREAS, the services so furnished thereunder have related to the
providing of water services as described and as contemplated by
County, Engineer and District; and
WHEREAS, it is the desire of the parties hereto to amend said
Agreement as hereinbelow provided so as to clarify the contracting
parties therein named.
NOW THEREFORE., it is agreed by County, District, and Engineer
that:
The words "Harnett County for the proposed Northwest Water and
-Sewer District of Harnett County" designating the "Owner" as set forth
in the above described "Agreement for Engineering Services" shall be
and the same hereby are deleted and that in lieu thereof the words
"Northwest Water and Sewer District of Harnett County" shall be and
the same hereby are substituted and inserted, thereby designating
"Owner" therein as the said Northwest Water and Sewer District of
Harnett County.
IN WITNESS WHEREOF, the parties hereto have executed, or caused
to be executed by their duly authorized officials, this Amendment to
Agreement for Engineering Services in triplicate originals on the
respective dates indicated below.
Executed by County, this day of , 1989.
COUNTY OF HARNETT
RESOLUTION REGARDING
WATER USERS AGREEMENTS AND
INITIAL HOOK UP CONNECTION FEES
(NORTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY)
WHEREAS, on March 23,'1987 the Harnett County Board of
Commissioners created the Northwest Water and Sewer District of
Harnett County (hereinafter the "District "); and
WHEREAS, since the date of the creation of the District the
Harnett County Board of Commissioners, sitting as the governing body
of the District (hereinafter the "Board ") has moved.forward with plans
to construct a water distribution system within the District and has
Caused studies to be completed regarding the financing of the costs of
such system; and
WHEREAS, it was recommended by the consulting engineers for the
District in their various reports to the Board that an initial hook up
or reduced tap -on or connection fee be charged to water customers in
the amount of One Hundred ($100.00) Dollars, the same to be used to
raise the required local funds to finance the costs of the system; and
WHEREAS, said tap -on or connection fee was set in an amount less
than the anticipated post construction fee for the same, in an effort
to provide an incentive to the people in,the District to contract for
the District's water service; and
269
WHEREAS, in order to obtain a sufficient number of customers
within the District so as to make construction of a water system
therein economically feasible, the District has utilized the
"Residential Water Users Agreement" attached hereto as Exhibit "A ";
and
WHEREAS, it is believed that a sufficient number of water
customers have agreed to purchase water from the District so as to
make construction of the system therein economically feasible; and
WHEREAS, recently it has become apparent that the water
distribution system in the District will most likely be constructed;
and
WHEREAS, the Board now desires to confirm the use of said
"Residential Water Users Agreement" and to authorize the collection of
the referenced tap -on or connection fees.
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners, sitting as the governing body of the Northwest Water
and Sewer District of Harnett County that:
1. The Residential Water Users Agreement attached hereto as
Exhibit "A" is hereby adopted for use by the District.
2. The early sign -up or initial hook up reduced tap -on fee for
the District shall be One Hundred ($100.00) Dollars.
Duly adopted this
made by Commissioner
Collins
Smith
6th
day of March, 1989, upon motion
, seconded by Commissioner
and adopted by the following vote:
Ayes 5 Noes 0 Absent 0 Abstained 0
Exhibit "A"
. RESIDENTIAL WATER USERS AGREEMENT
(Initial Hookup - Reduced Rate)
User's mailing adddress:
Name
AMR' PAID
RECEIPT NO.
Street, Route or P.O. Box RECEIPT NO.
City or Town, State, hip
PROPERTY NO.
CUSTOMER NO.
LANDLORD NAME /NO.
This Agreement, made and entered into this the day of
, 19 , between the Northwest Water and Sewer District
of Harnett CountyThereinafter "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:
Whereas, District desires to construct a water distribution
system within the District and,
Whereas, It Is necessary for District to obtain an adequate
number of users before authorizing construction of the water
distribution system; and
270
■
Whereas, User desires to purchase water from the District, and
to enter into this Agreement as hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual promises herein
set forth, it is agreed by District and User as follows:
1. 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 distribution
system is not begun or a water distribution line is not available to
the User, then neither District nor User shall be bound hereunder.
2. The property which is the subject of this Agreement and to
which water shall be supplied as hereinafter provided is described
as follows:
3. District 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.
4. 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. Notice shall be given
by first Blass• mall to the User at the mailing address indicated
hereon. In the event that construction of the water distribution
system in the District is not begun or a water distribution line is
not available to the User, District shall refund the tap -on charge
and the provisions of paragraph 13 will become inoperable.
5. User agrees to pay to District the amount of Ten Dollars
($10.00) as a deposit, as required by the District Rules and
Regulations and returned without interest as provided by. the Rules
and Regulations. Said deposit shall be due 30 days after notice to
User by District and such notice shall be given by first class mail
to User at the mailing address Indicated hereon.
6. The 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, install, lay, and thereafter
use, operate, inspect, repair, maintain, replace and remove water
lines and appurtenant facilities thereon, together with the right
of ingress and egress over adjacent land for the purposes mentioned
above.
7. The User shall install and maintain at User's own expense a
3/4 ineh cut -off valve on the User's side of the District's water
meter and a serdiee line which shall begin at the meter and extend to
the dwelling or place of use. The service line shall connect with
the distribution 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.
8. The User agrees to comply with the requirements of the North
Carolina Board of Health that no other present or future source of
water will be connected to any water lines, served by the District's
system on the date that water is made available to the User by the
District. Water charges to the User shall commence on the date that
water is made available by the District to the User providing that
the plumbing connection has been made, but in no event later than
60 days from said date.
9. The User agrees to pay for water at such rates, time, and
place as shall be determined by the District and agrees to the
penalties for non - compliance with the above as set out in the Rules
and Regulations.
10. The 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..
11. The 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.
12. The 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 Users in the event of a
water shortage and may shut off water to a User who allows a connection
or extension to be made to User's service for the purpose of supplying
water to another user.
13. 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 or $10.42 p.er month for 48 months; and in the event User
transfers title or agrees to transfer title to the real estate,
before or after such connection, User agrees that this agreement
.shall run with the property title and agrees to advise the new owner
and furnish new owner a copy hereof. •
271
DOCUMENT NO. 4.
14. 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
Witness
Signed by District this
BY:
User
day of , 19_
NORTHWEST WATER AND SEWER
DISTRICT OF HARNETT COUNTY
Rodney M. Tart, Director
Harnett County Department of
Public Utilities
Post Office Box 1119
Lillington, North Carolina 27546
RESOLUTION ESTABLISHING RULES AND REGULATIONS
FOR OPERATION OF NORTHWEST WATER AND SEWER
DISTRICT OF HARNETT COUNTY
WHEREAS, the Harnett County Board of Commissioners, sitting as
the governing body of the Northwest Water and Sewer District of
Harnett County, (hereinafter "Board ") recognizes the need for general
rules and regulations to manage and operate the water distribution
system of the Northwest Water and Sewer District of Harnett County
(hereinafter "District ") during both its construction period and
thereafter; and
WHEREAS, Harnett County now is operating and managing the systems
of several water service districts within Harnett County and utilizes
with respect thereto the current Operational Rules and Regulations of
the Northeast Metropolitan Water District of Harnett County; and
WHEREAS, it has been recommended to the Board by the Harnett
County Director of Public Utilities that the currently existing Rules
and Regulations for the Northeast Metropolitan Water District of
Harnett County, except as the same relate to water rates, charges and
fees, be used as the rules and regulations for the District; and
WHEREAS, it is the desire of the Board to make provision in said
rules and regulations for the water rates, charges and fees to be
applicable to said District, and in conjunction therewith desires to
adopt as Section 28 and Section 29 of said rules and regulations the
provision herein below set forth.
NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF
COMMISSIONERS, SITTING AS THE GOVERNING BODY OF THE NORTHWEST WATER
ANS SEWER DISTRICT OF HARNETT COUNTY THAT:
1. The currently existing rules and regulations applicable to
the Northeast Metropolitan Water District of Harnett County except as
the same relate to water rates, charges and fees are hereby
established as the rules and regulations for the water operations of
the District.
272
2. Section 28 of said Rules and Regulations shall read and be
as follows:
Section 28. Classifications, Rates, Fees and Charges.
(a) Classification of Service.
All services are classified under two categories to include
residential or multi -unit services.
A residential service is a service which provides water to a
single family residence and the buildings appurtenant thereto.
A multi -unit service is a service which provides water to
more than one single family residence or more than one user unit.
(b) Rate Schedules
(1) Residential Services:
Water Schedule Monthly Rate
First 2,000 gallons $12.00
(minimum)
All water used over $2.75 per 1,000
2,000 gallons gallons
(2) Multi -Unit Services:
The minimum amount of $12.00 per unit or the amount
equal to the cost of the number of gallons used through
the multi -unit service at the rate of $2.75 per 1,000
gallons, whichever amount is greater.
(c) Tap -On -Fee. (To become effective after completion of
initial sign up period)
(1) Residential:
If water laterals are installed by the County or
County's contractor, the tap -on -fee is $500.00. This
fee shall apply to three - fourths inch meter size
residential services only. All other residential
connection tap -on -fees shall be the cost of
installation and materials, plus twenty (20) percent.
(2) Multi -Unit:
The cost of installation and materials, plus twenty
(20) percent.
(d) Fire Protection Charges
Services Charges
Standby Fire Plugs $5.00 /month each added to
water billing, plus cost of
installation and materials
6" Sprinkler Connection $10.00 /month, plus cost of
installation and materials
8" Sprinkler Connection $25.00 /month, plus cost of
installation and materials
12" Sprinkler Connection $100.00 /month, plus cost of
installation and materials
Others Negotiated
(e) Rates for persons living outside the District.
Rates for persons living outside the Northwest Water and
Sewer District of Harnett County shall be equal to rates for
persons living inside the District so long as no tax is
levied within the District for support of the system; if a
tax is levied on users inside the water District for the
purpose of supporting the water system, then the users
outside the District shall pay an increased rate as
established by the County from time to time. In setting
such increased rate, the County will take into consideration
the rate paid by persons inside the District plus taxes
levied on them for support of the water system.
3. A new Section 29 is added to said Rules and Regulations
and reads as follows:
Section 29
In the event the District desires to connect its water
distribution system to previously existing systems, all such
systems must have the approval of Division of Health
Services, of the North 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.
273
DOCUMENT NO. S.
4. This Board retains the right to make such changes in said
Rules and Regulations as applied to the District as may be needed from
time to time.
Duly adopted this the 6th day of March, 1989 upon motion make
by Commissioner Collins , seconded by Commissioner
Shaw , and passed by the following vote:
Ayes 5 Noes 0 Absent 0 Abstained 0
BY:
Vanessa W. Young, (/
Clerk to the Boar and of
the Northwest Water and
Sewer District of Harnett
County
HARNETT COUNTY BOARD OF COMMISSIONERS
sitting as the governing body of the
NORTHWEST WATER AND SEWER DISTRICT OF
HARNETT COUNTY
d G. Stewart, Chairman
RESOLUTION AUTHORIZING EXECUTION OF
MANAGEMENT CONTRACT WITH
HARNETT COUNTY
WHEREAS, the Harnett County Board of Commissioners, sitting as
the governing body of the Northwest Water and Sewer District of
Harnett County (hereinafter "Board "), has examined the Management
Contract between the County of Harnett (hereinafter "County ") and the
Northwest Water and Sewer District of Harnett County, attached hereto
as Exhibit "A "; and
WHEREAS, the Board desires for the District to enter into said
contract as provided;
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners, sitting as the governing body of the Northwest Water
and Sewer District of Harnett County, that:
1. The Northwest Water and Sewer District of Harnett County is
hereby authorized to and shall enter into the Management Contract
attached hereto as Exhibit "A ".
2. The appropriate officers of said District are hereby
directed to execute said Management Contract.
Duly adopted this
Commissioner
6th day of March, 1989, upon motion made by
Collins , seconded by Commissioner Shaw
and passed
by the following vote:
Ayes 5 Noes 0 Absent 0 Abstained 0
ATTEST:
v
Vanessa W. Young,flerkO
HARNETT COUNTY BOARD OF COMMISSIONERS
sitting as the governing body of the
NORTHWEST WATER AND SEWER DISTRICT
OF HARNETT COUNTY
By
yd . Stewart,, Chairman
274
Exhibit "A ".
NORTH CAROLINA.
HARNETT COUNTY,
MANAGEMENT CONTRACT
THIS CONTRACT, made and entered into this the _ day of
March, 1989, by and between THE COUNTY OF HARNETT, a body politic
organized and existing under the laws of the State of North Carolina
(hereinafter called "County ") and THE NORTHWEST WATER AND SEWER
DISTRICT OF HARNETT COUNTY, a municipal corporation organized and
existing pursuant to the provisions of Article 6, Chapter 162A of the
North Carolina General Statutes (hereinafter Called "District ");
W I T N E.S SE T H:
THAT WHEREAS, the County is lessee and operator of a water
production system and a water supply distribution system owned by the
Northeast Metropolitan Water District of Harnett County; and
WHEREAS, County as lessee of said systems has created a Public
Utility Department which conducts the operation of said systems; and
WHEREAS,. the District was organized and established for the
purpose of constructing and operating a water supply distribution
system to serve water users within the District as described in plans
now on file in the Office
of
the District; and
WHEREAS, the water supply distribution system of the District
will be constructed with the use of -Local funds; and
WHEREAS, the Farmers Home Administration of the United States
Department of Agriculture has agreed to loan the District sufficient
funds to enable the District to finance the construction of said water
supply distribution system; and
WHEREAS, The County's Public Utility Department is fully capable
to conduct the operation and management of the water supply
distribution system of the District; and
WHEREAS, the County and the District have agreed to enter into
this contract for the operation and management of the water supply
distribution system of the District as a County operated system on a
continuing basis and especially for, and during the period of the
existence of the Farmers Home Administration loan to the District.
NOW,. THEREFORE, the parties do contract and agree each with the
other as follows: ..
1. That the District's water distribution supply system
referred to above shall be operated and managed by The County's Public
Utility Department as a County operated water distribution system on a
continuing basis and especially for a period beginning as of the
execution of this contract and extending until that certain loan
referred to above made by the Farmers Home Administration to the
District has been paid in full, being a period of at least forty (40)
years.
2. That the Harnett County Board of Commissioners, sitting in
the capacity as the governing body of County and /or as the governing
body of the District, shall establish and set the rates of charges for
the purchase of water and for such other fees, charges, and penalties
275
as required for the operation of the water distribution system, with
proper cost accounting procedures to appropriately reflect the cost of
these facilities operated by the County Public Utility Department
relative to the operation of other utility enterprises which are or
may be carried on by the County Public Utility Department. Further,
the Harnett County Board of Commissioners, in the capacities stated
above, shall charge such rates for the users of said water
distribution system as will appropriately yield sufficient funds to
meet operation and maintenance expenses and to pay and retire the long
term debt of the Farmers Home Administration to the District.
3. This contract shall be a continuing contract relative to the
furnishing of the essential water utility services for the people of
the District and this contract shall exist and continue until the
District and the County shall mutually modify or terminate this
contractual arrangement.
4. That the Harnett County Board of Commissioners agrees to
create an Advisory Council to lend assistance with input and advice as
to the operation and maintenance of the aforesaid water distribution
system by the Harnett County Board of Commissioners as the governing
body of said District.
5. That the County shall be entitled to fund or cause to be
funded the construction of any water line to be connected to the
District's system as an extension within or without the boundaries of
the District for the purpose of serving needy users with water utility
services as the same shall be determined by the Harnett County Board
of Commissioners and that the rates chargeable to such persons (users)
shall be equitably set to properly reflect cost of operations and
maintenance of water production and supply and further that in the
event it shall become necessary for the District to levy a tax for the
purpose of funding bonded indebtedness of the District then in such
event such rates of any person (user) outside the boundaries of the
District shall be charged a greater user fee (rate) as will be
equivalent to such needed property tax as may be levied; provided, if
a tax levy is made, then such user charge for out -of- district users
shall not be less than 150% of the user charge of users of the
District. It is understood and agreed that the District shall have no
obligation to extend its water lines outside of the District's
boundaries.
6. That the County will manage and operate the water supply
distribution system on an annual budget with the setting of rates on
an annual basis as approved by the District's governing body with
proper input and advice from the Advisory Council, which budget shall
provide and set forth the handling of the funds such that a reserve
fund, depreciation fund, debt payment fund, and surplus fund for the
District shall be distinguishable, and further that the County shall
maintain a system of accounts for the County Utility Department which
will appropriately account for the various operations of the Utility
Department, specifically so that all costs relative to the operation
of the water supply distribution system will be separately stated; the
County shall further maintain insurance and bonds as required by state
276
law and that the County shall properly contract with a certified
public accountant for annual audits of the Utility Department and that
further the County shall comply with all federal, state and local laws
and regulations relative to the operation of the water supply
distribution system.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed as authorized by the Harnett County Board of
Commissioners sitting as the governing body of the County and the
District, all the day and year first above written.
By:
ATTEST:
Vanessa W. Young, Clerk
By:
ATTEST:
Vanessa W. Young, Clerk to
the Board and of the Northwest
Water and Sewer District of
Harnett County
NORTH CAROLINA
HARNETT COUNTY
THE COUNTY OF HARNETT
Lloyd G. Stewart, Chairman
Harnett County Board of
Commissioners
NORTHWEST WATER AND SEWER
DISTRICT OF HARNETT COUNTY
Lloyd G. Stewart, Chairman
Harnett County Board of
Commissioners, sitting as the
governing body of the Northwest
Water and Sewer District of
Harnett County
1, , a Notary Public of the County anf
State aforesaid, certify that Lloyd G. Stewart, who, being by me duly
sworn, says that he is Chairman of the Board of Commissioners of Harnett
County, and that Vanessa W. Young is Clerk of said Board, that the seal
affixed to the foregoing and attested instrument is the seal of Harnett
County, North Carolina, and that said instrument was signed by him as
Chairman of the Board of Commissioners of said County and by the Clerk of
said Board, who affixed the official seal of Harnett County to said
instrument; and that the said Lloyd G. Stewart, Chairman of the Board of
Commissioners, acknowledged said instrument to be the act and deed of
Harnett County, North Carolina.
WITNESS my hand and Notarial Seal, this the day of
, 1989.
My Commission Expires:
NORTH CAROLINA.
HARNETT COUNTY
Notary Public
I� , a Notary Public of the County
and State aforesaid, certify that Lloyd G. Stewart, who, being by me
duly sworn, says that he is Chairman of the Board of Commissioners of
Harnett County sitting as the governing body of the Northwest Water
and Sewer District of Harnett County, and that Vanessa W. Young is the
Clerk of said Board, that the seal affixed to the foregoing and
attested instrument is the seal of said District, and that said
instrument was signed by him as Chairman in the above capacity and by
the Clerk of said Board, who affixed the official seal of said
District to said instrument; and that the said Lloyd G. Stewart in the
above capacity acknowledged said instrument to be the act and deed of
the Northwest Water and Sewer District of Harnett County.
WITNESS my hand and Notarial Seal, this the day of
, 19 .
My Commission Expires:
A
Notary Public
277
DOCUMENT NO. 6.
RESOLUTION AUTHORIZING
FACILITIES CONTRACT
WITH THE
TOWN OF FUQUAY - VARINA
WHEREAS, the Harnett County Board of Commissioners, sitting as
the governing body of the Northwest Water and Sewer District of
Harnett County, (hereinafter the "Board ") has reviewed the Facilities
Contract attached hereto as Exhibit "A" between the Northwest Water
and Sewer District of Harnett County and the Town of Fuquay - Varina;
and
WHEREAS, it is the desire of the Board that the Northwest Water
and Sewer District of Harnett County enter into said contract as,
provided.
NOW THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners, sitting as the governing body of the Northwest Water
and Sewer District of Harnett County that:
1. The Northwest Water and Sewer District of Harnett County
shall and is hereby authorized to enter into the Facilities
Contract as attached hereto as Exhibit "A ".
2. The appropriate officers of the Northwest Water and Sewer
District of Harnett County are hereby directed to execute
said Contract as provided.
Duly adopted this 6th day of March, 1989, upon motion made by
Commissioner Collins , seconded by Commissioner Smith
and adopted by the following vote:
Ayes S Noes 0 Absent 0 Abstained 0
NORTH CAROLINA
HARNETT COUNTY
Exhibit "A"
FACILITIES CONTRACT
This Contract is entered into as of the _ day of
1989 between the NORTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY
(hereinafter "Northwest ") and the TOWN OF FUQUAY - VARINA (hereinafter
"Town ")
W I T N E S S E T N:
THAT WHEREAS, Northwest is a County Water and Sewer District,
duly organized and existing pursuant to the provisions of Article 6,
Chapter 162A of the North Carolina General Statutes and by that
certain Resolution dated March 23, 1987 and adopted by the Harnett
County Board of Commissioners entitled "Resolution Creating the
Northwest Water and Sewer District of Harnett County; and
WHEREAS, Town is a duly organized and established municipal
corporation located within Wake County, North Carolina; and
WHEREAS, Town desires to acquire a supply of potable water from
the Northeast Metropolitan Water District of Harnett County and the
County of Harnett and has contemporaneous to the execution hereof
entered into an agreement with said entities for such purpose; and
WHEREAS, in order to transport said supply of potable water to
the Town, it is necessary for the same to be transmitted through the
territory of the Northwest Water and Sewer District of Harnett County
and through water lines to he constructed by and owned by said
District; and
278
WHEREAS, it is further necessary that the water supply and
distribution system of Northwest be expanded and enlarged to
adequately deliver the water purchased by Town, and
WHEREAS, Northwest and Totan have agreed upon certain matters
regarding the expansion and enlargement of the system of Northwest and
desire to set forth the terms of said agreement herein, and
WHEREAS, by Resolution adopted by the Harnett County Board of
Commissioners, sitting as the governing body of the Northwest Water
and Sewer District of Harnett County at its meeting on
the execution of this contract by
Northwest was duly authorized; and
WHEREAS, by Resolution adopted by the Board of Commissioners of
the Town of Fuquay- Varina at its meeting on
February 21, 1989
the execution of this contract by Town was duly authorized;
NOW THEREFORE, in consideration of the foregoing and the mutual
agreements hereinafter set forth, Northwest and Town agree as follows:
1. Expansion of Northwest system. Northwest agrees to cause
its water supply and distribution system to be upgraded, expanded
and /or enlarged so as to enable a quantity of water in the amount of
one million gallons per day to be transported to the point of delivery
at a reasonable constant pressure calculated at approximately
eighty -four (84) pounds per square inch. The point of delivery shall
be at a meter facility (to be constructed pursuant to that agreement
mentioned above between Harnett -County, the Northeast Metropolitan
Water District of Harnett County and Town) located on the Harnett
County side of the Harnett County -Wake County line within or adjacent
to the right of way of U.S. Highway 401.
2. Expansion Requirements Determined. The extent of the
necessary upgrading, expansion and/or enlargement of the facilities of
Northwest shall be made by the consulting engineers employed by
Northwest for the purpose of designing its system and facilities.
Such upgrading, expansion and /or enlargement shall be,- but is not
limited to the following:
(a) Increasing pipeline sizes;
(b) Increasing the elevated tank capacity and overflow
elevation;
(c) Modifying an existing booster pumping station;
(d) Increasing the capacity of a new booster pumping
station;
(e) Providing for additional related appurtenances.
3. Cost of Northwest Expansion. The cost of the upgrading,
expansion and /or enlargement of the Northwest water supply and
distribution system as provided herein shall be paid to Northwest by
Town. Said cost shall be paid to Northwest as provided in paragraph 5
below.
4. Determination of Cost of Expansion. The cost of the
upgrading, expansion and /or enlargement of the Northwest system shall
be determined as follows:
a. Northwest shall cause its consulting engineers to
design the system for Northwest to include the necessary expansions as
provided herein to transport water to the point of delivery as
279
specified. Thereafter, the consulting engineers employed by Northwest
and consulting engineers employed by Town shall meet and mutually
agree upon the following items relating to the designs:
(i) Where possible, the type of and number of the various
items required to be added to the new booster pumping station to
increase its capacity to meet the requirements of Town hereunder.
Otherwise, with respect to the new booster pumping station, the
percentage of increase of such other systems therein (such as the pump
system and chlorination system) attributable to or to result from the
expansions to the system to provide water to Town as set forth herein.
(ii) The quantity and /or units of materials, supplies, and
other items required to construct the original project, without any
expansions to supply water to Town.
(iii) The quantity and /or units of materials, supplies, and
other items required to construct the project including the necessary
expansions to provide water to Town as specified herein.
(iv) The difference between those quantities and /or units
established in Sections (ii) and (iii) above.
Upon agreement as to the above stated matters, the same shall be
reduced to writing, and a copy of the information and agreements made,
signed by the consulting engineers for both parties, shall be the
forwarded forthwith to Northwest and Town.
b. The designs shall be submitted to the necessary,
federal, state and /or local governments and /or agencies as is required
by law and Northwest shall obtain approval therefrom for the same.
c. The project, including the necessary expansions as set
forth herein to transport water to the point of delivery, shall be
submitted and advertised for bids pursuant to applicable law.
d. The contract or contracts for the installation and
construction of the water distribution system for Northwest, including
the expansions necessary to supply water to Town as provided for
herein, shall be awarded, pursuant to law, by Northwest. The
determination as to which bidder or bidders shall be awarded contracts
shall be made by Northwest.
e. The cost of the upgrading, expansion and /or enlargement
of the Northwest system necessary to provide water to Town, as
provided herein, and to be paid by Town to Northwest shall be those
costs stated in subparagraph (f) below together with that portion of
the amount of the cost of the project (as bid and contracted for),
which is attributable to the increased or expanded system necessary to
transport and provide water to Town. Such portion of the cost shall
be the total of the following amounts:
(i) The cost of all additional pipelines necessary to meet
the requirements of Town, plus the cost of increasing pipeline sizes
necessary to meet the requirements of Town. Increased pipeline size
costs shall be calculated by multiplying that amount which is the
difference between the unit prices of the originally required pipeline
size and the increased pipeline size [as specified in the contract(s)
with the successful bidder(s)] by the length of pipeline to be
installed. By way of example, where original requirements were an
eight inch pipeline and the increased requirement is a twelve inch
280
pipeline, the difference in unit prices between the cost of an eight
inch and a twelve inch pipeline [as specified in the contract(s) with
the successful bidder(s)] will be multiplied by the length of pipeline
involved.
(ii) One -half (1/2) of the lump sum cost of the elevated water
storage tank as specified in the contract(s) with the .successful
bidder(s) therefor.
(iii) With respect to the existing booster pump station,
all costs associated with the modification of the same, as specified
in the contract(s) with the successful bidder(s).
(iv) With respect to the costs for increasing the capacity
of the new booster pumping station, where applicable, the total cost
of all those types and numbers of items as determined in subparagraph
4(a) (i) hereof, multiplied by the unit cost for each such item [as
specified in the contract(s) with the successful bidder(s)1, plus the
amount determined by multiplying the percentage of .increase in other
systems therein (as also determined in subparagraph 4(a) (i) hereof) by
the lump sum cost of the same, [as specified in the contract(s) with
the successful bidder(s)].
(v) The sum equal to the total cost of such quantities
and /or units of materials, supplies, and other items as is necessary
to expand the system to be constructed to transport and provide water
to Town, the same to be established by multiplying the cost of each .
such unit as set forth in the contract or contracts. as awarded, by
those quantities and /or units established in subparagraph 4(a) (iv).
(vi) Where not specified above, such amounts for items,
systems or related appurtenances as mutually agreed upon by the
parties, based upon the costs of such items, systems or related
appurtenances as specified in the contract(s) with the successful
bidder(s).
f. The cost of the expansions described shall also include
any administrative costs relating thereto and the costs of engineering
and design of said expansions.
Time When Costs of Expansion Due. The cost of the
upgrading, expansion and /or enlargement of the Northwest water supply
and distribution system as provided in paragraph 4 shall be due and
payable to Northwest as provided as follows:
One -third (1/3) thereof shall be due and payable
within ten (10) days after the construction
contract or contracts are awarded.
One -third (1/3) thereof shall be due and payable
within ten (10) days after notification to
Town by Northwest that one -half (1/2) of the project
construction is completed.
One third (1/3) thereof shall be due and payable
within ten (10) days after notification to
Town by Northwest that the project construction is
substantially completed.
Town covenants that it currently has available for its
expenditure sufficient funds to pay the costs of the expansions
as set forth above, and agrees to supply to District sufficient
documentaton to verify the same.
6. Pumping Costs. Town agrees to pay to Northwest for and
during the term of Town's contract with the County of Harnett and the
Northeast Metropolitan Water District of Harnett County relating to
water sales (as mentioned above) the electrical costs of pumping water
281
through the system of Northwest. Said cost shall by billed monthly to
Town by Northwest and shall be expressed in terms of Kilowatt hours
used in supplying electric power for said pumping, multiplied by the
unit cost of the same to Northwest. Payment for said costs shall by
due within fifteen days (15) after the same is billed.
7. Miscellaneous Provisions. It is understood by Northwest and
Town as follows:
a. It is contemplated by Town and Northwest that Northwest
will proceed towards and construct a water distribution system within
its boundaries. However, should some event or events occur which
render or cause Northwest to become incapable of constructing its
system, then neither Northwest or Town shall be obligated hereunder.
The decision as to whether or not said system shall be built shall be
made exclusively by Northwest.
b. That this contract is subject to such rules,
regulations, or laws as may be applicable to similar agreements in
this State, and Town and Northwest will collaborate in obtaining such
permits, certificates, or the like, as may be required to comply
therewith.
c. That the amount of the cost of expansion paid by the
Town to Northwest shall be made in consideration of Northwest's
providing adequate facilities to effect the transmission of potable
water to Town. It is specifically agreed that Town shall have no
right title, or interest in or to any of the water distribution
facilities of Northwest constructed hereunder and that the same shall
be and remain the property of Northwest.
d. Northwest or its assignees or designees shall be
entitled to collect and retain all revenues and other charges,
including connection or tap on fees or the like, from and relating to
the sale of water to users in the Northwest Water and Sewer District
of Harnett County. No part thereof shall be payable to Town.
e. In the event that after completion of the construction
of the Northwest water distribution facilities (including the
expansions herein provided for), there should be a need for additional
expansion to meet increased needs of Town, the cost of such additional
expansion shall be paid by Town. However, District shall not be
obligated to agree to such additional expansion.
f. In the event of any occurrence rendering the Town
incapable of performing under this contract, any successor of the
Town, whether the result of legal process, assignment or otherwise,
shall succeed to the rights of the Town hereunder.
IN WITNESS WHEREOF, the parties hereto, acting under authority of
their respective governing bodies, have caused this contract to be
•
duly executed in duplicate originals, each of which shall constitute
an original.
, 1989.
Executed by Northwest, this day of
282
DOCUMENT NO. 7.
RESOLUTION APPROVING PLANS
FOR CONSTRUCTION OF WATER DISTRIBUTION SYSTEM -
NORTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY
WHEREAS,. the Harnett County Board of Commissioners, sitting as
the governing body of the Northwest Water and Sewer District of
Harnett County (hereinafter "the Board ") desires to move forward
towards construction of the water distribution system in the District;
and '
WHEREAS, the District engineers have submitted plans to the
District for the said water distribution system; and
WHEREAS, the Harnett County Public Utilities Department has
reviewed said plans, and reports that the same are acceptable, and
recommends that said plans be approved by the Board; and
WHEREAS, the Board now desires to approve said plans;
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners, sitting as the governing body of the Northwest Water
and Sewer District of Harnett County, that:
The plans and specifications for the water distribution system of
the Northwest Water and Sewer District of Harnett County submitted to
said District by the District's Engineers and designated as Black &
Veatch Project No. 03012 shall be and are hereby approved, subject to
any minor changes necessary to implement construction of said water
distribution system.
Duly adopted this
Commissioner Collins , seconded by Commissioner Shaw
6th day
of March, 1989, upon motion made by
and passed by the following vote:
Ayes $ Noes 0 Absent 0 Abstained 0
HARNETT COUNTY BOARD OF COMMISSIONERS
sitting as the governing body of the
Northwest Water and Sewer District
of Harnett County
ATTEST:
Vanessa W. Young /�}Ilerk o the
Board and of the Northwest
Water and Sewer District of
Harnett County
By:
/
L .yd,G. Stewart, Chairman