08211989 (2)EAST CENTRAL WATER AND SEWER DISTRICT MEETING, AUGUST 21, 1989
APPOINTMENT'OF
VANESSA YOUNG
CLERK $ FINANCE
OFFICER
RESOL. ADOPTING
COMMON SEAL
RESOL. RE:
APPLICATION TO
FmHA FOR FUNDING
RESOL. RE:
USER AGREEMENTS
& HOOK -UP FEES
ADJOURNMENT
DOCUMENT NO. 1.
The Harnett County Board of Commissioners sitting as the governing body of
East Central Water and Sewer District of Harnett County met August 21, 1989,
in the County Office Building, Lillington, North Carolina, with the following
members present: Rudy Collins, Bill Shaw, Mayo Smith, and Chairman Lloyd G.
Stewart presiding. Others present were Dallas H. Pope, County Manager; W.
Glenn Johnson, County Attorney; Vanessa W. Young, Clerk to the Board; and Kay
S. Blanchard, Recording Secretary.
Chairman Stewart called the meeting to order at 10:30 p.m.
John M. Phelps, II, Public Utilities Attorney, presented a Resolution
Regarding Appointment of Vanessa W. Young as Clerk and Finance Officer of the
East Central Water and Sewer District of Harnett County. Commissioner Collins
moved for approval of the resolution. Conmussioner Shaw seconded the motion
and it passed with a unanimous vote. The resolution is copied in full at the
end of these minutes dated August 21, 1989, as document no. 1.
John M. Phelps, II, Public Utilities Attorney, presented a Resolution Adopting
a Common Seal for the East Central Water and Sewer District of Harnett County.
Commissioner Shaw moved for approval 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 August 21, 1989, as document
no. 2.
John M. Phelps, II, Public Utilities Attorney, presented a Resolution
Regarding Application to Farmers Home Administration for Funding of Water
Project. Commissioner Smith moved for approval 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 August 21,
1989, as document no. 3.
John M. Phelps, II, Public Utilities Attorney, presented a Resolution
Authorizing Water User Agreements and Initial Hook Up Connection Fees.
Commissioner, Collins moved for approval 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 August;21, 1989, as document
no. 4.
There being no further business, the Harnett County Board of Commissioners
sitting as the governing body of East Central Water and Sewer District, duly
adjourned at 10 :45 p.m.
to d J. Stewart, Chairman
Kay Blanchard, Recording Secretary
Vanessa W. Young, Clerk j o the
RESOLUTION REGARDING APPOINTMENT OF VANESSA W. YOUNG
AS CLERK. AND FINANCE OFFICER OF THE EAST CENTRAL
WATER AND SEWER DISTRICT OF HARNETT COUNTY
WHEREAS, pursuant to the provisions of Article 6, Chapter 162A
of the General Statues of North Carolina, the Harnett County Board
of Commissioners (hereinafter "the Board ") did, on March 20, 1989
create the East Central Water and Sewer District of Harnett County;
and
WHEREAS, the Board now site as the governing body of the East
Central 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 as Finance Officer for
Harnett County and in such capacities will conduct certain business
of the District; and
Board
587
WHEREAS, the Board desires to acknowledge its intention that
as Clerk to and Finance Officer for Harnett County, Mrs. Young
shall serve as the Clerk to and for the East Central 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 East Central
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 appointed Clerk and Finance Officer
of the East Central Water and Sewer District of Harnett County to
serve do such capacity at the pleasure of the Board.
Duly, adopted this 21st day of August, 1989, upon motion made
by Commissioner Collins , seconded by Commissioner
Shaw and passed by the following vote:
Ayes 4 Noes 0
AT
By:
Absent 1 Abstained 0
HARNETT COUNTY BOARD OF COMMISSIONERS,
Sitting as the governing body of the
East Central Water and Sewer District
of Harnett County
Vanessa W. Young, erk 0
• to the Board and o the
East Central Water and Sewer
District of Harnett County
DOCUMENT NO. 2.
Llo,• / Stewart, Chairman
RESOLUTION ADOPTING A COMMON SEAL
FOR THE
EAST CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY
WHEREAS, the East Central Water and Sewer District of Harnett
County is a duly organized and existing county water and sewer
district, having been created pursuant to Article 6, Chapter 162A of
the North Carolina General Statutes and by resolution adopted March
20, 1989 by the Harnett County Board of Commissioners; and
WHEREAS, N.C. Gen. Stat. 5162A -88, provides that the District may
have a common seal and alter and renew it at will; and
WHEREAS, the District now desires to adopt as its common seal the
design hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED, that the Harnett County Board of
Commissioners, sitting as the governing body of the East Central Water
and Sewer District of Harnett County, does hereby adopt as the common
seal for said District the following:
A circular emblem with a circle drawn within
it, and the name East Central Water and Sewer
District imprinted between the outer edge of the
emblem and the inner circle. Within the inner
circle appears the word "Seal" and the date 1989.
Duly adopted this the 21st day of August, 1989, upon motion made
by Commissioner Shaw , seconded by Commissioner
Collins and passed by the following vote:
Ayes 4 Noes 0 Absent 1 Abstained 0
HARNETT COUNTY BOARD OF COMMISSIONERS
sitting as the governing body of the
East Central Water and Sewer District of
Harnett County
588
DOCUMENT NO. 3.
DOCUMENT NO. 4.
RESOLUTION REGARDING APPLICATION TO
FARMERS HOME ADMINISTRATION FOR FUNDING OF WATER PROJECT
(East Central Water and Sewer District of Harnett County)
WHEREAS, the Harnett County Board of Commissioners,
(hereinafter the Board) created the East Central Water and Sewer
District of Harnett County at its meeting on March 20, 1989; and
WHEREAS, the Board desires to provide a potable public water
supply system to portions of said District, where the same shall
be feasible; and
WHEREAS, the Board finds that it is appropriate at this time
to move forward with certain aspects of the planning for such water
system by making application to the Farmers Home Administration of
the U. S. Department of Agriculture for financing to fund the costs
of the same; and
WHEREAS, the Board desires to grant authority to the County
Manager to take such action as is necessary to make such
application.
NOW, THEREFORE, be it resolved by the Harnett County Board of
Commissioners, sitting as the governing body of the East Central
Water and Sewer District of Harnett County, that
Dallas H. Pope, Harnett County Manager is hereby authorized
and directed to execute such documents and take such action as is
necessary to make application to .the Farmers Home Administration
of the United States Department of Agriculture for financing to
fund the costs of a water distribution system for the District.
Duly adopted this 21st day of August, 1989, upon motion made
by Commissioner Smith , seconded by Commissioner
Collins and passed by the following vote:
Ayes 4 Noes 0 Absent 1 Abstained 0
HARNETT COUNTY BOARD OF COMMISSIONERS,
Sitting as the governing body of the
East Central Water and Sewer District
of Harnett County
RESOLUTION AUTHORIZING WATER USER AGREEMENTS AND INITIAL
HOOK UP CONNECTION FEES
(EAST CENTRAL WATER AND SEWER DISTRICT)
WHEREAS, the Harnett County Board of Commissioners, sitting
as the governing body of the East Central Water and Sewer District
of Harnett County (hereinafter "the Board ") desires to proceed with
its plans to provide water services in the East Central Water and
Sewer District of Harnett County (hereinafter "the District "); and
WHEREAS, in order to proceed with its plans, the Board has
determined that the District must first contract to provide water
services to a sufficient number of customers within the District
so as to make construction of a water system therein economically
feasible, and
WHEREAS, attached hereto as "Exhibit A" is a Residential Water
User Agreement which has been recommended to be used by the
District in contracting with water customers; and
589
WHEREAS, the Board desires to adopt and authorize the use of
the referenced Residential Water User Agreement for the purpose
described; and
WHEREAS, in order to raise the local funds necessary to
implement the water construction project, a tap -on or connection
fee must be charged to water customers; and
WHEREAS, the Board desires to make provisions for a tap -on or
connection fee for the District in a reduced amount so as to
provide an incentive to the people in the District to contract for
the District's water service; and
WHEREAS, the Board finds that a fair and equitable fee to be
charged during the initial contracting or early sign up period
shall be One Hundred ($100.00) Dollars; and
WHEREAS, the Board now desires to adopt such fee as the
District's initial hook up or early sign up tap -on or connection
fee.
NOW, THEREFORE, BE IT RESOLVED, by the Harnett County Board
of Commissioners, sitting as the governing body of the East Central
Water and Sewer District of Harnett County, as follows:
1. That the Residential Water User Agreement
attached hereto as "Exhibit A" is hereby
adopted for use by the District in contracting
to provide water services to customers therein.
2. That the Director of the Harnett County
Department of Public Utilities is hereby
authorized to execute such Residential Water
User Agreements on behalf of the District.
3. That the early sign up or initial hook up
reduced tap -on or connection fee for the
District be One Hundred ($100.00) Dollars.
Duly adopted this 21st day of August, 1989, upon motion made
by Commissioner Collins , seconded by Commissioner
Shaw and passed by the following vote:
Ayes 4 Noes 0 Absent 1 Abstained 0
ij?2(irman
HAR COUNTY BOARD OF COMMISSIONERS,
Sitting as the governing body of the
East Central Water and Sewer District
of Harnett County
ATTEST:
Vanessa W. You , C1 =' k
to the Board an of the
East Central Water and Sewer
District of Harnett County
EXHIBIT A
East Central Water and Sewer District of Harnett County
RESIDENTIAL WATER USER AGREEMENT
(Initial Hookup - Reduced Rate)
User's Mailing Address:
Name
Street, Route or P.O. Box
City or Town, State, Zip
AMOUNT PAID
RECEIPT NO.
PROPERTY NO.
CUSTOMER NO.
Number of Persons Living in
Household TENANTS NAME /NO.
Telephone Number(s)
State Road Number
THIS AGREEMENT, made and entered into this the day of
, 19 , between the East Central Water and Sewer
District of Harnett County, (hereinafter "District ") and
(hereinafter "User') a potential user of the water system owned and
operated by the District.
W I T N E S S E T H
The District, in connection with the Harnett County Department
of Public Utilities, is planning to construct and thereafter operate a
water supply and distribution system (hereinafter "water system ") to
serve areas within the District. It is the desire of the District to
serve as many individuals as may be economically feasible.
Construction of the water system is contingent, among other things,
upon the District obtaining funding for the costs of construction. In
order for the District to move forward with the planning for the water
system, it is necessary for the District to obtain commitments from a
sufficient number of individuals and /or property owners to connect to
and use the water system. By signing this Agreement, in the event the
water system is constructed, the User named above agrees to connect
such User's residence, business or other building to the water system
and agrees to thereafter use such system for User's water source.
However, in the event the water system is not constructed, then
neither the District, nor the User named shall be obligated hereunder.
NOW THEREFORE, In consideration of the mutual promises herein set
forth, it is agreed by District and User as follows:
A. It is mutually understood by User and District that in the
event an adequate number of water users for the District is not
obtained or for other reasons construction of the water system is not
begun or a water distribution line is not available to the User, then
neither District nor User shall be bound hereunder.
B. The property which is the subject of this Agreement and to
which water shall be supplied as provided is described as follows:
C. User agrees to pay to District the .amount of $100.00 per
connection as a tap -on charge, said amount being due after notice to
User by District. The notice shall be given after funding commitments
for the costs of construction of the District's water system are
obtained, and shall be mailed to User by first class mail at the
address indicated above. In the event that construction of the water
system does not follow as anticipated or a water distribution line is
not available to User, District shall refund the tap -on charge to
User, without interest, and the provisions of paragraph D(12) will
become inoperable.
D. In the event that the water system is constructed and a
water distribution line is available to the User and the property
described, then the following agreements shall apply:
1. District, pursuant to its Rules and Regulations, agrees to
provide a water service connection on the above described property and
upon completion of the construction of the system and the commencement
of the operation thereof, to provide potable water to the User.
2. User agrees to pay to District the amount of Ten Dollars
($10.00) as a deposit, as required by the District Rules and
Regulations, which deposit may be returned without interest as
provided by said Rules and Regulations. Said deposit shall be due 30
days after notice to User by District and such notice shall be given
by first class mail to User at the mailing address indicated hereon.
Should this agreement be for rental property, the amount of the
deposit, as set forth in the said Rules and Regulations, shall be
Twenty -five ($25.00) Dollars. Said deposit shall be paid by or on
behalf of the tenant prior to commencement of water service.
Additionally, prior to commencement of water service, the tenant must
complete and file a tenant water application.
3. User grants the District, its successors and assigns, a
perpetual easement in, over, under, and upon the above described land
with the right to erect, construct, intall, lay and thereafter use,
operate, inspect, repair, maintain, replace and remove water lines,
meters, meter service facilities and appurtenant facilities thereon,
together with the right of ingress and egress over adjacent land for
the purposes mentioned above.
4. User shall install and maintain at User's own expense a 3/4
inch cut -off valve on the User's side of the District's water meter
and a service line which shall begin at the meter and extend to the
dwelling or place of use. , The service line shall connect with the
water system of the District at the nearest place of desired use by
the User, provided the District has determined in advance that the
District water system is of sufficient capacity to permit the delivery
of water at that point.
591
5. User agrees to comply with all requirements, rules and
regulations applicable to water users adopted by the Division of
Health Services of North Carolina Department of Human Resources. User
further agrees that upon and after the date a plumbing connection is
made between the User and the District, User shall allow no cross
connection to exist between the District's system and any pipeline
containing a contaminant or any pipeline connected to other present or
future sources of water.
6. User agrees to pay for water at such rates, time, and place
as shall be determined by the District and agrees to the penalties for
non - compliance with the above, as set out in the District's Rules and
Regulations.
7. It is understood that after the date water is made available
to the User, District shall notify User of such fact. Such notice
shall set forth the details regarding the making of the plumbing
connection, and shall provide information concerning User's
obligations with respect to obtaining applicable inspections and
permits regarding the plumbing connection. User shall then have sixty
(60) days from the date of such notification to make the plumbing
connection from the place of use on the above described property to
the District's system. Charges for water shall commence on the date
that the plumbing connection is completed, but in no event later than
the end of the sixty (60) day period. That is to say, if the plumbing
connection is not completed by the end of the sixty (60) day period,
user charges shall commence and User shall be obligated to pay the
minimum user bill from and after the end of such period, regardless of
whether water is being supplied to User.
8. User agrees to abide by the Rules and Regulations of the
District as from time to time promulgated by the District or the
Harnett County Board of Commissioners, and further agrees to abide by
such other Harnett County ordinances, rules and regulations with
respect to water service connections, as are adopted by the Harnett
County Board of Commissioners. Additionally, User agrees to obtain
the necessary inspections and permits related to water service
connections as required by the Inspections Section of the Harnett
County Planning and Development Department.
9. District shall purchase and install a cutoff valve and water
meter for each service. The District shall own said meter and shall
have the exclusive right to use it.
10. User agrees that there shall be one water connection for
each building or structure requiring water connections on the above
described property. A tap -on charge shall be due for each such
connection.
11. District shall have final jurisdiction on any question of
location of any service line connection to its distribution system;
shall determine the allocation of water to User in the event of a
water shortage and may shut off water to User if User allows a
connection or extension to be made to User's service for the purpose
of supplying water to another user.
12. In the event User breaches this agreement by refusing or
failing, without just cause, to connect to the District's distribution
system as set forth, User agrees to pay District $500.00 liquidated
damages; and in the event User transfers title or agrees to transfer
title to the above described property, before or after such
connection, User agrees that this agreement shall run with the
property title thereto and agrees to advise the new owner with respect
hereto and furnish new owner a copy hereof.
13. After District has executed this Agreement, a copy shall be
provided to User by mailing to the User's address as indicated above.
Signed by User this day of , 19
User
19
Witness
Signed by District this day of
BY:
User
EAST CENTRAL WATER AND SEWER
DISTRICT OF HARNETT COUNTY
Rodney M. Tart, Director
Harnett County Department of
Public Utilities
Post Office Box 1119
Lillington, N.C. 27546