06121989CALL TO ORDER
INVOCATION
RESOL. AUTHOR.
EXECUTION OF
AGREE. WITH
ERWIN MILLS, INC.
RESOL. AUTHOR.
EXECUTION OF
CONTRACTING.
AGENCY WITH
SOUTH CENTRAL
RESOL. AUTHOR.
EXECUTION OF
MANAGEMENT &
OPERATIONS CONT.
RESOL. AUTHOR.
UTILITIES DIR.
TO NECOTIATE FOR.
PUMP STATION
SITES
ADJOURNMENT
DOCUMENT NO. 1.
HARNETT COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING, JUNE 12, 1989
The Harnett County Board of Commissioners met in special session on Monday,
June 12, 1989, at the County Office Building, Lillington, North Carolina, with
the following members present: Rudy Collins, Mack Reid Hudson, Mayo Smith,
and Chairman Lloyd G. Stewart presiding. Commissioner Bill Shaw was absent
Other present were Dallas H. Pope, County Manager; Vanessa W. Young, Clerk to
the Board, and Kay S. Blanchard, Recording Secretary.
Chairman Stewart called the meeting to order at 7 p.m.
Commissioner Collins offered the invocation. -
John M. Phelps, II, Public Utilities Attorney, presented a Resolution Author-
izing Execution of Wastewater Treatment Agreement with Erwin Mills, Inc.
involving Bunnlevel - Riverside Wastewater Facilities Project. Commissioner
Hudson 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 June 12, 1989, as document no. 1.
John M. Phelps, II, Public Utilities Attorney, presented a Resolution
Authorizing Execution of Contracting Agency Agreement with South Central Water
and Sewer District of Harnett County. Commissioner Collins moved for the
adoption of the resolution. Commissioner Hudson seconded the motion and it
passed with a unanimous vote. The resolution is copied in full at the end of
these minutes dated June 12, 1989; as document no. 2.
John M. Phelps, II, Public Utilities Attorney, presented a Resolution
Authorizing Execution of Management and Operations contract with South Central
Water and Sewer District of Harnett County. Commissioner Hudson moved for the
adoption of the resolution. Commissioner Collins seconded the motion and it
passed with a unanimous vote. The resolution is copied in full at the end of
these minutes dated June 12, 1989, as document no. 3.
John M. Phelps, II, Public Utilities Attorney, presented a Resolution
Authorizing Utilities Director to Negotiate Acquisition of Easements for Pump
Stations Sites. Commissioner Smith moved for the adoption of the resolution.
Commissioner Hudson seconded the motion and it passed with a unanimous vote.
The resolution is copied in full at the end of these minutes dated June 12,
1989, as document no. 4.
There being no further business, the Harnett County Board of Commissioners
special meeting of June 12, 1989, duly adjourned at 7:30 p.m.
/mot 0
.y.,
G. Stewart, Chairman
sa
Seanait,444
Kay S Blanchard, Recording Secretary
0„-v LOU. `t/ w-�,�
Vanessa W. Young, Clerk(to the Board
RESOLUTION AUTHORIZING EXECUTION
OF WASTEWATER TREATMENT AGREEMENT
WITH ERWIN MILLS, INCORPORATED
(BUNNLEVEL- RIVERSIDE WASTEWATER FACILITIES PROJECT)
WHEREAS, Harnett County, through its Department of Public
Utilities, has formulated the Bunnlevel - Riverside. Wastewater
Facilities Project, which makes provision for sewerage collection and
disposal facilities to serve the Bunnlevel and Riverside Communities
within the County; and
K WHEREAS, in order to implement its plan for providing such
sewerage collection and disposal facilities, County is in need of a
treatment facility to treat and dispose of wastewater produced in the
said communities; and
WHEREAS, attached hereto as Exhibit "A" is a Wastewater Treatment
Agreement between Erwin Mills, Incorporated and the County of Harnett
which provides for the treatment and disposal. of -said wastewater; and
435
WHEREAS, it is the desire of the County to enter into said
Agreement as set forth so as to proceed with its plans with respect to
the referenced Project.
NOW. THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that:
1. The County of Harnett shall enter into the Wastewater
Treatment Agreement attached hereto as Exhibit A.
2. The Chairman of the Board of Commissioners and the Clerk to
the Board are hereby authorized and directed to execute said
Agreement for and in behalf of said County of Harnett.
Duly adopted this 12th day of June, 1989, upon motion made by
Commissioner Hudson , seconded by Commissioner
Smith and adopted by the following vote:
Ayes 4 Noes 0 Absent 1 Abstained
ATTEST:
Vanessa W. Young,
Clerk to the Board
NORTH CAROLINA
HARNETT COUNTY
Ad[n►.:_
L1- yd G. Ste art, Chairman,
Harnett County Board of
Commissioners
0
WASTEWATER TREATMENT
AGREEMENT
THIS WASTEWATER T EATMENT AGREEMENT is made and entered into this
the qtr- day of • , 1989 by and between ERWIN MILLS,
INCORPORATED, a corp ration duly organized and existing under the laws
of the State of Delaware, (formerly Burlington Fabrics I Inc.),
hereinafter referred to as "Erwin Mills "; and THE COUNTY OF HARNETT, a
body politic organized and existing under the laws of the State of
North Carolina, hereinafter referred to as "County ".
W I T N E S S T H
THAT WHEREAS, Erwin Mills is the owner and operator of a
wastewater treatment •facility (hereinafter sometimes referred to as
"treatment facility ") located near its Denim Weave Plant off of North
Carolina Highway 217, near Erwin, North Carolina; and
WHEREAS, County, through its Department of Public Utilities, has
formulated they Bunnlevel- Riverside Wastewater Facilities Project,
which makes provisions for sewerage collection and disposal facilities
to serve the Bunnlevel and Riverside Communities within the County,
which communities are located in close proximity to the treatment
facility; and
WHEREAS, in order to implement its plan for providing such
sewerage collection and disposal facilities, County is in need of a
treatment facility to treat and dispose of wastewater produced in the
said communities; and
436
WHEREAS, the Erwin' Mills treatment facility has a treatment
capacity currently capable of meeting the present needs of Erwin Mills
and the estimated needs of the Bunnlevel and Riverside Communities;
and
WHEREAS, Erwin Mills and County now desire to make provision for
the treatment of wastewater produced by the Bunnlevel and Riverside
Communities at the treatment facility and desire to set forth herein
the terms and conditions of their agreement.
NOW, THEREFORE/in consideration of the foregoing and the mutual
agreements hereinafter set forth,
SECTION A.
Erwin Mills agrees:
1. (Treatment) To treat at the treatment facility located
near its Denim Weave Plant off of North Carolina Highway 217,
near Erwin, North Carolina, during the term of this agreement or
any renewal or extension thereof, quantities of wastewater
transported thereto. by County from the Bunnlevel- Riverside
sewerage collection and disposal facilities up to and including
the maximum amount of ninety thousand (90,000) gallons per day.
The wastewater shall be treated pursuant to those standards
specified by the applicable federal and state agencies, including
but not limited to, the standards of the Division of
Environmental Health of the North Carolina Department of Natural
Resources and Community Development.
(Connection Point) That wastewater will be transported
to the treatment facility via an eight inch sewer force main
(described in paragraph (3) of Section B below) which force main
shall be connected to the treatment facility at the existing
manhole located at that point designated as "Proposed Connection
Point and Meter Vault Site" at the northern end of the easement
and right of way all as described in paragraph A(3) below and as
is shown on the plat therein referenced.
3. (Easement) To provide to County, simultaneous with the
delivery of the executed originals of this Agreement, a document,
granting to County a continuous and adequate easement and right
of way over the lands of Erwin Mills from the connection point
above described to the right of way of North Carolina Highway 217
near the entrance to the Erwin Mills Denim Weave Plant to erect,
construct, install and lay, and thereafter use, operate, inspect,
V
repair, maintain, replace, remove, change the size of or protect
the eight inch sewer force main described in, paragraph (3) of
Section B below, and the meter facility described in paragraph
(2) of Section 13/together with the right of ingress and egress
to, from and across the same over the adjacent lands of Erwin
Mills for the purposes aforesaid, said easement being described
as follows:
437
A twenty (20) foot wide easement and right of way
which extends from the centerline of the right of way
of N.C. Highway 217 in a northerly direction to an
existing manhole, which manhole is a part of and
appurtenant to the wastewater treatment facility
operated by Erwin Mills, said easement and right of way
being twenty (20) feet in width and ten (10) feet on
each side of a line which lies as follows:
Beginning at a point in the centerline of North
Carolina Highway 217, said point lying North 77° 38'
57" East 19.66 feet and North 80° 33' 46" East 165.24
feet from the center of the eastern end of the Highway
217 Bridge crossing the Cape Fear River, and runs
thence from said beginning point North 22° 20' 47" West
22.95 feet to a point; and runs thence North 22° 20'
47" West 299.30 feet to a point; and runs thence North
16° 29' 27" West 1200.10 feet to a point; and runs
thence North 32° 40' 45" West 179.48 feet to a point;
and runs thence North 11° 35' 40" West 186.01 feet to a
point; and runs thence North 24° 05' 38" West 277.56
feet to a point; and runs thence North 09° 13' 31" West
211.46 feet to a point; and runs thence North 12° 22'
01" West 400.16 feet to a point; and runs thence North
02° 05' 19" West 473.58 feet to a point; and runs
thence North 68° 15' 59" East 513.71 feet to a point at
an existing manhole, which manhole is a part of and
appurtenant to the wastewater treatment facility
operated by Erwin Mills; (said point is designated as
"Proposed Connection Point and Meter Vault Site" on the
plat referenced below) said easement and right of way
and proposed connection point and meter vault site
being shown on a plat entitled "Survey for County of
Harnett, Bunnlevel- Riverside 20' Utility Easement"
prepared by Ragsdale Consultants, P.A. and recorded at
Plat Cabinet , Slide , Harnett County
Registry.
4.(Meter Readings) To read on the first day of each month
the meter described in paragraph (2) of Section B.
5. (Billing Procedure) To furnish to County not later
than the tenth (10th) day of each month, an itemized statement
(including the amount of wastewater treated, the rate, and the
amount due) for the amount of wastewater treated by Erwin Mills
during the preceding month as established by the meter readings
made on the first day of each month. It is understood that the
first billing shall be made on the tenth (10th) day of the month
following the month during which County has notified Erwin Mills,
in writing, that its system is completed as certified by County's
engineer.
SECTION B.
County agrees:
1. (Rates and Payment Date) To pay to Erwin Mills, not
later than the twenty -fifth (25th) day of each month for
wastewater treated at the treatment facility, the sum of
One Dollar, fifteen cents ($1.15) per one thousand (1,000)
gallons treated.
2. (Meter Facility) To furnish, install, operate and
maintain at its own expense at the meter location described
below, the necessary metering equipment, including a meter house
or pit, and the required devices of standard type for properly
measuring the quantity of wastewater transported to Erwin Mills
for treatment and to calibrate such metering equipment whenever
requested by Erwin Mills, but not more frequently than once every
twelve (12) months. A meter registering not more than two (2%)
percent above or below the test result shall be deemed to be
438
accurate. The previous readings 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 the meter fails to register
for any peribd, the amount of wastewater treated during such
period shall be deemed to be the amount of wastewater treated in
the corresponding period immediately prior to the failure, unless
the parties shall agree upon a different amount. Appropriate
officials of Erwin Mills shall have access to the meter at all
reasonable times in order to make its readings.
The meter 'shall be located adjacent to the existing
manhole at the connection point as described in paragraph A(2)
above. - - - -
3. (Construction of Eight (8) inch Sewer Force Main) To
install and construct the eight inch sewer force main from the
right of way of North Carolina Highway 217 near the entrance to
the Erwin Mills Denim Weave Plant to the connection point at the
treatment facility along and within the easement provided for in
paragraph (3) of Section A hereof. It is understood that said
force main shall be and remain the property of County.
(Maintenance of Eight (8) Inch Sewer Force Main) To
maintain the eight inch sewer force main described above
connecting the Bunnlevel- Riverside sewerage collection and
disposal facilities to the treatment facility.
SECTION C.
It is further mutually agreed between Erwin Mills and County as
follows:
1. (Term of Contract) This contract shall extend for a
term of twenty (20) years from the date of the written
notification by County to Erwin Mills that the
Bunnlevel- Riverside wastewater facilities are completed as
certified by the County's engineer. The contract thereafter may
be renewed or extended for such term, or terms, as may be agreed
upon by the parties.
2. (Alternate Treatment Facility Operation) In the event
that at any time during the term of this Wastewater Treatment
Agreement, or any extension or renewal thereof, Erwin Mills
should determine that the operation of the treatment facility is
not required for its manufacturing or business operations and
that it will therefore cease operating said facility, whether
permanently or. otherwise, then, in order to provide uninterrupted
treatment services for the County, County shall have the option
of operating the treatment facility upon the following terms:
(a) Upon making the determination described above,
Erwin Mills shall notify County of the same, and shall
further advise County of the date upon which it intends to
cease operating the treatment facility. Said notification
439
and advisement shall be made to County in writing, and
mailed to County at the address provided in paragraph 12 of
Section C hereof, certified, return receipt requested. The
same shall be received by County at least sixty (60) days in
advance of the date Erwin Mills intends to cease operation
of the said treatment facility.
(b) Within twenty (20) days after receipt of the
notification and advisement described in subparagraph 2(a)
above, County shall notify Erwin Mills in writing, as to
whether it intends to operate the treatment facility as
hereinafter provided. Said notification shall be mailed to
Erwin Mills at the address provided in paragraph 12 of
Section C hereof, certified, return receipt requested.
(c) In the event County shall determine that it
intends to operate the treatment facility as hereinafter
provided, it is agreed that County and Erwin Mills shall
collaborate in proceeding to transfer the operation of the
treatment facility from Erwin Mills to County.
Representatives of County and Erwin Mills shall meet as
often as is required for the purpose of providing County
personnel the opportunity to become familiar with the
facility and the facility operations, and for the purpose of
otherwise providing for an orderly transition of operations
from Erwin Mills to County.
(d) In the event County shall have determined that it
will operate the treatment facility as provided, then at
12:00 o'clock noon on the date Erwin Mills shall cease
operating' the facility, operation of the same shall be
transferred to County for such period as is provided in
subparagraph 2(e) below.
(e) County shall have the right to operate the
treatment facility as provided herein for the duration of
the term of this Wastewater Treatment Agreement, or, if
applicable, any renewal or extension thereof.
(f) It is understood that should Erwin Mills determine
that the operation of the treatment facility is once again
required for its manufacturing or business operations, and
that it therefore desires to once again operate the
treatment facility, County, within thirty (30) days after
receiving written notification of Erwin Mills' desire to
operate the said facility, shall transfer operation of the
same back to Erwin Mills. Said notification shall be mailed
to County at the address provided in paragraph 12 of Section
C hereof, certified, return receipt requested. It is
further understood that should this event occur, the
original terms of this Wastewater Treatment Agreement
[including the terms of this paragraph (2) of Section C]
shall become applicable for the duration of its term or, if
applicable, a renewal or extension thereof.
(g) During such period or periods as provided herein
when the treatment facility shall be operated by County,
Erwin Mills hereby agrees that:
(i) County shall have exclusive, full and
complete authority to use and operate the
entire treatment facility, including all
equipment and appurtenances related thereto.
(ii) Representatives and agents of the County
shall have the right to come and remain upon
the treatment facility premises at all times
for the purpose of conducting County's
operation of the same;
(iii) Representatives and agents of the County
shall have the right of ingress, regress and
- egress over properties of Erwin Mills
adjacent to the treatment facility so as to
provide such individuals full access to the
said facility;
(iv) The County, and its representatives and
agents shall have such other privileges with
respect to the entire treatment facility as
are normally and reasonably associated with
the complete operation of such a facility.
(h) During such period or periods as County operates
the treatment facility, County shall pay to Erwin Mills the
sum of Nine Thousand, Seven Hundred ($9,700.00) Dollars per
month for the use of the treatment facility. Payments shall
be made not later than the twenty -fifth (25th) day of each
month. The use fee provided for herein shall be subject to
modification annually, and any increase or decrease in the
amount thereof shall be based on a demonstrable increase or
decrease in fixed overhead costs to Erwin Mills with respect
to the treatment facility.
(i) During such period or periods as County operates
the treatment facility, County shall pay costs incurred for
the treatment of wastewater, including power costs and
chemical costs, and shall provide such labor as is required
for its operation of the same.
(j) Erwin Mills agrees that at the time of any
transition of the operation of the treatment facility to
County, as provided herein, it shall cause the treatment
facility to be in good operating condition, fully capable of
treating its wastewater and to be in full
compliance with all federal, state, and local laws and
regulations. Erwin Mills further agrees to keep the said
facility in such condition and in compliance with said laws
and regulations during any period County operates said
facility.
(k) It is understood that County shall not be
obligated to pay for costs of structural or equipment
repairs or replacements, except where such costs are
441
incurred as the direct result of County's negligence or
wrong doing, or as the direct result of the transmission of
wastewater violating the provisions of paragraph 4 of
Section C hereof to the facility from the Bunnlevel -
Riverside sewerage collection and disposal facilities.
(1) County agrees that it will conduct its operation
of the treatment facility in full compliance with all
federal, state and local laws and regulations.
(m) During such period or periods as County operates
the treatment facility, County may, at its own expense, take
temporary measures to modify the treatment facility to
provide for, among other things, a more efficient and
economical operation thereof; provided, however, that,
unless County and Erwin Mills agree otherwise, any such
temporary measures shall be removed prior to any transfer of
operations back to Erwin Mills.
3. (Additional Capacity) In the event County should
require additional treatment services from Erwin Mills, beyond
the maximum stated in paragraph (1) of Section A hereof, it is
agreed that if the Erwin Mills treatment facility shall have
sufficient capacity to treat such additional wastewater, upon
request by County, Erwin Mills will treat such additional amount
of wastewater from County as may be adequately treated in the
said treatment facility upon the existing terms and conditions of
this agreement.
4. (Wastewater Discharge Control) County covenants that
prior to the commencement of the transportation of wastewater to
the treatment facility from the Bunnlevel- Riverside sewerage
collection and disposal facilities, County will adopt an
Ordinance regulating the use of the said sewerage collection and
disposal facilities. Said Ordinance shall, among other things,
limit and /or prohibit (where appropriate) the discharge of
wastewater into the said sewerage collection and disposal
facilities where such wastewater would, singly or by interaction
with other wastewater, cause harm or damage to, or interfere with
the proper operation of the sewerage collection and disposal
facilities, treatment facility, and /or treatment process or cause
adverse effects upon the receiving waters from the treatment
facility. In the event wastewater from the Bunnlevel- Riverside
sewerage collection and disposal facilities is transported to the
treatment facility and is proven to have directly caused harm or
damage to, or interfered with, the proper operation of the
treatment facility and /or treatment process, or caused adverse
effects upon the receiving waters from the treatment facility,
County agrees to pay to Erwin Mills the cost of repairing said
harm or damage to the treatment facility, and the cost of
correcting the treatment process and /or the adverse effects upon
the receiving waters from the treatment facility.
5. (Initial Treatment) Thirty (30) days prior to the
estimated date of completion of County's Bunnlevel- Riverside
wastewater facilities, County will notify Erwin Mills in writing
of the estimated date of such completion.
6. (Testing) When requested by County, and /or its
contractor(s), Erwin Mills will cooperate with the. said County
and /or its contractor(s) with respect to testing the sewerage
collection lines constructed and installed.
7. (Treatment of Wastewater from South Central Water and
Sewer District of Harnett County) It is acknowledged by Erwin
Mills and County that the Bunnlevel Community, which will be
provided sewerage collection and disposal services through the
Bunnlevel- Riverside Wastewater Facilities Project, is located
within the South Central Water Sewer District of Harnett County,
and that such District is providing funding for the construction
of portions of the system in that District. It is further
understood that through its Department of Public Utilities,
pursuant to contract with said District, County will operate and
manage the system located within the District. It is agreed that
wastewater from the Bunnlevel Community of the South Central
District will be treated pursuant to this agreement.
S. (Modification of Agreement) The provisions of this
agreement pertaining to the rates to be paid by County to Erwin
Mills for wastewater treatment are subject to modification at the
end of every. one (1) year period, such one year periods to begin
commencing on the date of the beginning of the term of this
Agreement. Any increase or decrease in rates shall be based on a
demonstrable increase or decrease in the cost of treatment to
Erwin Mills. It is understood that where treatment costs to
Erwin Mills, are increased because of new or additional regulatory
requirements applied to its operation by reason of its treatment
of wastewater from the Bunnlevel- Riverside sewerage collection
and disposal facilities, then such demonstrable increase
resulting therefrom may be applied to the rates paid by County
beginning with the first months billing after such increased
costs are incurred. Such costs of treatment shall not include
increased capitalization of Erwin Mills treatment facility.
Other provisions of this Agreement may be modified or altered by
mutual agreement.
9. (Regulatory Agencies) This Agreement is subject to
such rules, regulations, or laws as may be applicable to such or
similar agreements in this State and the parties will collaborate
in obtaining such permits, certificates, or the like, as may be
required to comply therewith.
10. (Binding Effect) In the event Erwin Mills should cease
to own and /or operate the treatment facility hereinabove
described, whether the result of sale, assignment, legal process,
or otherwise, this Agreement shall be binding on Erwin Mills'
successor in interest. It is understood and agreed that the
terms hereof are binding on the parties hereto and their
successors, assigns, and legal representatives.
11. (Interconnection) The terms hereof in no way shall
preclude County from connecting or interconnecting the
Bunnlevel- Riverside wastewater collection and disposal facilities
with or to any other sanitary sewerage collection and disposal
facilities.
443
12. (Notices) Any notice(s) required to be given to County
hereunder shall be mailed to County at the following address:
Harnett County Department of Public Utilities
Post Office Box 1119
Lillington, North Carolina 27546
Any notice(s) required to be given to Erwin Mills
hereunder shall be mailed to Erwin Mills at the following
address:
Erwin Mills, Inc.
200 North Thirteenth Street
Erwin, North Carolina 28339
13. (Termination by County) It is the intent of County to
construct and /or otherwise acquire a wastewater treatment
facility in the future and at such time as its facility becomes
operational, County may elect to terminate this agreement upon
sixty (60) days written notice to Erwin Mills.
IN WITNESS WHEREOF, the parties hereto have caused this
Wastewater Treatment Agreement to be executed in duplicate
counterparts, each of which shall constitute an original.
Executed by Erwin Mills, Incorporated, this 1 -'6& day of
10w4
ATTEST:
, 1989.
(type name)
(ont7'o /�Fr
(title)
Executed by County, this
ATTEST:
Vanessa W. Young, Clerk
to the Board
ERWIN MILLS, INCORPORATED
(formerly Burlington
Fabrics I Inc.)
(type name)
L! /a'? %q rti,.. a. f /ttr
(title) 0
day of , 1989.
BY:
THE COUNTY OF HARNETT
Lloyd G. Stewart,
Chairman, Harnett County
Board of Commissioners
444
DOCUMENT NO. 2.
RESOLUTION AUTHORIZING EXECUTION
OF CONTRACTING AGENCY AGREEMENT
WITH SOUTH CENTRAL WATER AND SEWER
DISTRICT OF HARNETT COUNTY
(BUNNLEVEL- RIVERSIDE WASTEWATER FACILITIES PROJECT)
WHEREAS, Harnett County, through its Department of Public
Utilities, has formulated the Bunnlevel- Riverside Wastewater
Facilities Project, which makes provision for sewerage collection and
disposal facilities to serve the Bunnlevel and Riverside Communities
within the County; and
WHEREAS, The Community of Bunnlevel is located within the South
Central Water and Sewer District of Harnett County and the Riverside
Community is located adjacent thereto, but outside the boundaries of
said District, and
WHEREAS, as part of the formulation of said Project, the County
has obtained grants from certain agencies which will benefit the
Bunnlevel Community located within the South Central Water and Sewer
District of Harnett County; and
WHEREAS, District, in order to provide more comprehensive
sewerage collection and disposal services to the Bunnlevel Community,
has made application to and received a loan and grant from the Farmers
Home Administration of the,United States Department of Agriculture for
such purpose to supplement the grant monies made available to the
Bunnlevel Community of the District as mentioned above; and
WHEREAS, District has requested the County to act as contracting
agent for the District with respect to the Project in order to more
efficiently provide for the construction of the sewerage collection
and disposal facilities within District boundaries; and
WHEREAS, attached hereto as Exhibit "A" is a Contracting Agency
Agreement between the District and the County of Harnett which makes
provision for the County to act as said agent of the District; and
WHEREAS, it is the desire of the County to enter into said
agreement as provided:
NOW THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that:
1. That the County of Harnett shall enter into the Contracting
Agency Agreement attached as Exhibit "A ".
2. That Chairman of the Board of Commissioners and the Clerk
to the Board are hereby authorized and directed to execute
said Agreement for and in behalf of said County of Harnett.
Duly adopted this 12th day of June, 1989, upon motion made by
Commissioner Collins , seconded by Commissioner
Hudson
and adopted by the following vote:
Ayes 4 Noes 0 Absent
ATTEST:
Vanessa W. Young,
Clerk to the Boa d
1 Abstained 0
/ At
'oy. G. Stewar , Chairma ,
am tt County Board of
Commissioners
445
EXHIBIT "A"
NORTH CAROLINA
HARNETT COUNTY
CONTRACTING AGENCY
AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 19_ by and between the SOUTH CENTRAL 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 referred to as
"District ") and THE COUNTY OF HARNETT, a body politic organized and
existing under the laws of the State of North Carolina (hereinafter
referred to as "County ").
W I T N E S S E T H
THAT WHEREAS, in response to inquiries made by citizens of the
Bunnlevel and Riverside Communities in Harnett County regarding
1
construction of sewerage collection and disposal facilities in said
communities, County, through its Department of Public Utilities, has
conducted studies to determine the needs for such services therein;
and
WHEREAS, the County has found that there is a definite need for
sewerage collection and disposal services in the named communities;
and
WHEREAS, the community of Bunnlevel is located within the South
Central Water and Sewer District of Harnett County and the Riverside
Community is located adjacent thereto, but outside the boundaries of
said District; and
WHEREAS, County has, for the benefit of the named communities,
formulated a plan for providing the needed sewerage collection and
disposal facilities therein, said plan now having been designated as
the Bunnlevel- Riverside Wastewater Facilities Project (hereinafter
sometimes referred to as the "Project "); and
WHEREAS, certain plans and specifications for said Project have
been completed by Ragsdale Consultants, P.A. and are now on file in
the office of the Harnett County Department of Public Utilities and
designated as EPA Project Number C 370454 -02; and
WHEREAS, as part of the formulation of said Project, County has
obtained grants from certain agencies which will benefit the
Bunnlevel Community located within the South Central Water and Sewer
District of Harnett County; and
WHEREAS, District, in order to provide more comprehensive
sewerage collection and disposal services to the Bunnlevel Community,
has made application to and received a loan and grant from the Farmers
Home Administration of the United States Department of Agriculture for
such purpose to supplement the grant monies made available to the
Bunnlevel Community of the District as mentioned above; and
WHEREAS, District has requested the County and the County has
agreed to act as contracting agent for the District with respect to
the Project in order to more efficiently provide for the construction
of the sewerage collection and disposal facilities within the
District's boundaries; and
446
WHEREAS, District and County now desire to set forth the terms of
their agreements regarding these matters.
NOW, THEREFORE, It is mutually agreed as follows:
1. County, through its Department of Public Utilities, as
part of its implementation of the Bunnlevel- Riverside
Wastewater Facilities Project, shall act as contracting
agent for and on behalf of District with respect to the
construction of sewerage collection and disposal
facilities within the District's boundaries. In such
capacity, as part of overall Project, County shall;
a. cause plans and specifications for the Project to be
drawn in such a manner so as to enable such portion
thereof as applies to the District to be separately
and distinctly identifiable from all other portions of
the Project, said plans and specifications to be
further drawn in a manner so as to be in full
compliance with all rules, regulations and requirements
of the Farmers Home Administration of the United States
Department of Agriculture and such other federal and /or'
state agencies as may be applicable;
b. cause the above described plans and specifications for
that portion of the Project which will provide
sewerage collection and disposal facilities for the
Bunnlevel Community to be advertised and bid as part of
the overall Project;
c. enter into a contract or contracts for the installation
and construction of the sewerage collection and
disposal facilities for the Bunnlevel Community;
d. cause the installation and construction of the sewage
collection and disposal facilities for the Bunnlevel
Community to be supervised by qualified and competent
engineers;
e. provide for the administration of the construction of
the sewage collection and disposal facilities for the
Bunnlevel Community, and to provide for inspection of
the construction and installation of the same;
f. provide for the administration of the grants and other
funds obtained for use in the Bunnlevel Community;
g. maintain a system of accounts for the Project which
will enable payments made thereunder for and on behalf
of the District to be distinguishable from all other
payments made for the Project;
h. pay from the funds provided to it by District (as
provided in paragraph 2 below) such statements and /or
pay estimates as are presented to County for work
and /or services related to the installation and
construction of the sewerage collection and disposal
facilities in the District; and
447
i. otherwise manage the construction and installation of .
the sewerage collection and disposal facilities for the
Bunnlevel Community.
2. District shall pay to County, from the funds obtained
through its above described loan and grant from the Farmers
Home Administration of the United States Department of
Agriculture, such sums which equal the cost of the
installation and construction of the sewerage collection and
disposal system in the District (less that portion of the
costs of the same.paid from the grant funds obtained by
County for the Project), said sums to include District's pro
rata portion of costs for engineering and legal services;
said sums to be paid by District to County upon
notification to District by County of its receipt of
statements and /or pay estimates for work and /or services
related to the installation and construction of the sewerage
collection and disposal system in the District.
3. It is understood that County shall receive no compensation
for its services as contracting agent as provided herein.
4. It is acknowledged by the parties that County, as a part of
its implementation of the Bunnlevel Riverside Wastewater
Facilities Project, has entered into a Wastewater Treatment
Agreement with Erwin Mills, Incorporated providing for
treatment of wastewater produced from the Bunnlevel and
Riverside Communities. Pursuant to said Wastewater
Treatment Agreement, wastewater from District will be
treated. It is further acknowledged that simultaneous with
the execution hereof County and District have entered into a
Management and Operations Contract which provides that upon
completion of the installation and construction of
District's sewerage collection and disposal facilities that
the same will be managed and operated by County and that
wastewater produced therefrom will be treated pursuant to
the referenced agreement with Erwin Mills, Incorporated.
5. It is understood that, as stated, a portion of the
District's sewerage collection and disposal facilities is
being financed by a loan made or insured by, and a grant
from the Farmers Home Administration of the United States
Department of Agriculture, and the provisions hereof
pertaining to the undertakings of District are conditioned
upon the approval, in writing, of an appropriate official of
the Farmers Home Administration. It is further understood
that the plans and specifications for the District as
described in paragraph 1(a) hereof shall be approved by said
Farmers Home Administration.
DOCUMENT NO
3.
RESOLUTION AUTHORIZING EXECUTION OF
MANAGEMENT AND OPERATIONS CONTRACT
WITH SOUTH CENTRAL WATER AND SEWER
DISTRICT OF HARNETT COUNTY
(BUNNLEVEL - RIVERSIDE WASTEWATER FACILITIES PROJECT)
WHEREAS, Harnett County has established a Department of Public
Utilities for the purpose of operating and managing various utility
service systems located within Harnett County, and
WHEREAS, County, through its Department of Public Utilities, has
formulated a plan for providing sewer services for the Bunnlevel and
Riverside Communities of Harnett County, said plan having been •
designated as the Bunnlevel- Riverside Wastewater Facilities Project
(hereinafter sometimes referred to as the "Project ") and in connection
therewith has obtained certain grant funds for use in constructing
facilities to provide such services; and
WHEREAS, the Bunnlevel Community is located within the South
Central Water and Sewer District of Harnett County; and
WHEREAS, District, in order to provide more comprehensive
sewerage collection and disposal facilities within the Bunnlevel
Community has obtained a loan and grant from the Farmers Home
Administration of the United States Department of Agriculture to
supplement the other grant monies available for construction of such
facilities; and
WHEREAS, the South Central Water and Sewer District has requested
the County to manage and operate its completed facilities constructed
pursuant to the aforementioned Project; and
WHEREAS, attached. hereto as Exhibit "A" is a Management and
Operations Contract between the County of Harnett and the South
Central Water and Sewer District of Harnett County which makes
provision for said County to manage and operate the system of the
District; and
WHEREAS, it is the desire of the County to enter into said
Agreement as set forth.
NOW. THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that:
1. The County of Harnett shall enter into the Management and
Operations Contract attached hereto as Exhibit A.
2. The Chairman of the Board of Commissioners and the Clerk to
the Board are hereby authorized and directed to
execute said Agreement for and in behalf of said County of
Harnett.
Duly adopted this 12th day of June, 1989, upon motion made by
Commissioner Hudson , seconded by Commissioner
Collins and adopted by the following vote:
Ayes 4 Noes 0 Absent 1 Abstained 0
ATTEST:
Vanessa W. Young, ((lJ
Clerk to the Eo rd
/ -LAIL i nrn
'oyd . Stewar , Chairman,
ar'ett County Board of
Commissioners
449
EXHIBIT A
NORTH CAROLINA
MANAGEMENT AND
HARNETT COUNTY OPERATIONS CONTRACT
THIS MANAGEMENT AND OPERATIONS CONTRACT is made and entered into
this day of , 19_ by and between THE
COUNTY OF HARNETT, a body politic organized and existing under the
laws of the State of North Carolina (hereinafter referred to as
"County ") and THE SOUTH CENTRAL 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 referred to as "District ")
W I T N E S S E T H
THAT WHEREAS, County has established a Department of Public
Utilities for the purpose of operating and managing various utility
service systems located within Harnett County, and
WHEREAS, County, through its Department of Public Utilities, has
formulated a plan for providing sewer.services for the Bunnlevel and
Riverside Communities of Harnett County, said plan having been
designated as the Bunnlevel- Riverside Wastewater Facilities Project
(hereinafter sometimes referred to as the "Project ") and in connection
therewith has obtained certain grant funds for use in constructing
facilities to provide such services; .and
WHEREAS, the Bunnlevel Community is located within the South
Central Water and Sewer District of Harnett County; and
WHEREAS, District, in order to provide more comprehensive
sewerage collection and disposal facilities within the Bunnlevel
Community has obtained a loan and grant from the Farmers Home
Administration of the United States Department of Agriculture to
supplement the other grant monies availible for construction of such
facilities; and
WHEREAS, District has simultaneous with the execution hereof
entered into an agreement with County relative to the County's
administration and management of the construction of said sewage
collection and disposal facilities for the District; and
WHEREAS, District desires to enter into this contract with County
for the purpose of obtaining sewerage treatment for its wastewater and
to make provision for the management and operation of its completed
facilities within the District and the Bunnlevel Community; and
WHEREAS, County has heretofore entered into a Wastewater
Treatment Agreement with Erwin Mills, Incorporated dated
which makes provision for the treatment of
wastewater from the Bunnlevel and Riverside Communities; and
WHEREAS, County is therefore capable of providing sewerage
treatment for the District and, through its Department of Public
Utilities, capable of conducting the operation of the sewerage
collection and disposal facilities of the District; and
WHEREAS, County and District have agreed to enter into this
contract for the treatment of the District's wastewater and the
450
operation of the sewerage collection and disposal facilities of the
District on a continuing basis and especially for and during the
period of the existence of the aforementioned Farmers Home
Administration loan to the District.
NOW, THEREFORE, The parties do contract and agree each with the
other as follows:
1. Wastewater Treatment
a. It is acknowledged by the parties that as part of
County's implementation of the Bunnlevel-Riverside Wastewater
Facilities Project, County has entered into a Wastewater Treatment
Agreement with Erwin Mills, Incorporated dated
providing, among other things, for the treatment of wastewater from
the Bunnlevel and Riverside Communities. Pursuant to the terms of
said Wastewater Treatment Agreement, County agrees, for the term
thereof, and any extensions or renewals of the same, to provide for
the treatment of wastewater from the District's sewerage collection
and disposal facilities located in the Bunnlevel Community.
b. In the event that the term of the said Wastewater
Treatment Agreement should. expire, County agrees to make every
reasonable effort to secure wastewater treatment for the District's
facilities.
2. .Management of Facilities
The District's sewerage collection and disposal facilities
serving the Bunnlevel Community shall be managed and operated by the
County, through its Department of Public Utilities, as a County
operated system upon the following terms and conditions:
a. The Harnett County Board of Commissioners sitting as
the governing body of the County and sitting as the governing body of
the District shall establish and set the rates of charges for the use
of the said sewerage collection and disposal facilities, and for such
other fees, charges and penalties as required for the operation
thereof, with proper cost accounting procedures to appropriately
reflect the cost of these facilities operated by the County Department
of Public Utilities relative to the operation of other utility
enterprises which are or may be carried on by the said Department of
Public Utilities. It is understood that the Harnett County Board of
Commissioners shall charge such rates for the use of said sewerage
collection and disposal facilities. as will appropriately yield
sufficient funds to meet operation and maintenance expenses and to pay
and retire the long term debts of the District to the Farmers Home
Administration.
b. The County will manage and operate the said sewerage
collection and disposal facilities on an annual budget with the
setting of the rates on an annual basis as approved by the District's
governing body with proper input and advice from the heretofore
created South Central District 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 Department of Public
451
i"
Utilities which will appropriately account for the various operations
of the Utility Department, specifically so that all costs relative to
the sewerage collection and disposal facilities with be separately
stated.
c. The County shall maintain insurance and bonds as
required by state law and the County shall properly contract with a
certified public accountant for annual audits of the Utility
Department.
d. The County shall comply with all federal, state and
local laws and regulations relative to the operation and management of
the District's sewerage collection and disposal facilities.
3. Term
a. It is understood by the parties that this contractual
arrangement shall continue for a period beginning as of the execution
of this contract and extend until that certain loan referred to made
by the Farmers Home Administration to the District has been paid in
full, being a period of at least forty (40) years; provided however
that County may provide for other treatment facilities if the same are
constructed or acquired in the future.
b. This contract shall be a continuing contract relative
to the furnishing of sewer utility services for the people of the
District and this contract shall exist and continue until the District
and County shall mutually modify or terminate this contractual
arrangement.
4. Additional Facilities
a. County shall be entitled to fund or cause to be funded
the construction of any sewer 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 wastewater
utility services as the same shall be determined by the Harnett County
Board of Commissioners..
b. The rates chargeable to such persons (users) shall be
equitably set to properly reflect cost of operations and maintenance
of collection and /or treatment, if applicable.
c. 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, 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.
d. It is understood and agreed that District shall have no
obligation to extend its sewer collection lines outside of the
District boundaries.
5. Farmers Home Administration Approval
It is understood that, as stated, a portion of the cost of
the District's sewerage Collection and disposal facilities is being
financed by a loan made or insured. by, and a grant from the Farmers
Home Administration of the United States Department of Agriculture,
and the provisions hereof pertaining to the District are conditioned
upon the approval, in writing, of an appropriate official of the
Farmers Home Administration.
IN WITNESS WHEREOFI_the parties hereto_, acting under authority of
their governing bodies, have caused this Management and Operations
Contract to be duly executed in duplicate counterparts each of which
shall constitute an original.
This day of , 19
DOCUMENT NO. 4.
RESOLUTION AUTHORIZING UTILITIES
DIRECTOR TO NEGOTIATE ACQUISITION
OF EASEMENTS AND PUMP STATION SITES
(BUNNLEVEL- RIVERSIDE WASTEWATER FACILITIES PROJECT)
WHEREAS, Harnett County, through its Department of Public
Utilities, has formulated the Bunnlevel- Riverside Wastewater
Facilities Project, which makes provision for sewerage collection and
disposal facilities to serve the Bunnlevel and Riverside Communities
within the County; and
WHEREAS, in order to implement the construction of said
facilities, it will be necessary for the County of Harnett to acquire
certain easements and pump station sites, all as shown on plans now on
file in the office of the Harnett County Department of Public
Utilities; and
WHEREAS, it is the desire of the County of Harnett to authorize
the Director of Harnett County Public Utilities to proceed with the
acquisition of said easements and pump station sites.
NOW. THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners:
1. That Rodney M. Tart, as Director of Harnett County Public
Utilities is hereby directed and authorized to proceed with
the acquisition of the referenced easements and pump station
sites.
2. That upon completion of his negotiations with respect
thereto, that he report to the Board regarding the same.
Duly adopted this 12th day of June, 1989, upon motion made by
Commissioner
Hudson
Smith
Ayes 4
ATTEST:
, seconded by Commissioner
and adopted by the following vote:
Noes 0 Absent 1 Abstained
fl-4M)
Vanessa W.
Clerk to t
L1.yd . St' -rt, Chairman,
Ha ne t County Hoard of
Commissioners
e