09181989601
HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 18, 1989
DEER HUNTING
RESOLUTION RE:
SPOTLIGHTING
RESOLUTION RE:
USE OF DOGS FOR
DEER HUNTING
RESOLUTION RE:
DISCHARGE OF
FIREARMS -
ROADSIDE
The Harnett County Board of Commissioners met in regular session on Monday,
September 18, 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 Lloyd G. Stewart called the meeting to order at 7 p.m.
Commissioner Mack Reid Hudson offered the invocation.
Commissioner Collins moved for the approval of the minutes of the regular
meeting, September 5, 1989. Commissioner Shaw seconded the motion and it
passed with a unanimous vote.
Mr. Nick Skatell and Mr. Steve Flynn, Consolidated Planning, Inc., briefed the
Board concerning proposal for health services for Harnett County employees.
Dallas H. Pope, County Manager, provided background information to the Board
and the citizens present concerning three resolutions associated with deer
hunting in Harnett County. Mr. Pope stated that a petition containing 225
names had been received requesting that the use of dogs for hunting deer, and
spotlighting of deer in Harnett County north of the Cape Fear River be
prohibited. Mr. Pope also stated that a petition containing 300 names
requesting that there be no changes in the law associated with use of dogs for
hunting deer in Harnett County had been received, and that a petition
containing 23 names had been received requesting that the discharge of
firearms on roads and road right -of -ways be prohibited.
W. Glenn Johnson, County Attorney, presented a resolution concerning
spotlighting of deer within Harnett County. 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 September 18, 1989, as document no. 1.
W. Glenn Johnson, County Attorney, presented a resolution concerning the use
of dogs for hunting of deer within Harnett County north of the Cape Fear
River. Commissioner Shaw moved that the resolution not be adopted.
Commissioner Smith seconded the motion and it passed with the following vote:
Ayes: Commissioners Hudson, Smith, Shaw, Stewart
Noes: Commissioner Collins
The resolution is copied in full at the end of these minutes dated September
18, 1989 as document no. 2.
W. Glenn Johnson, County Attorney, presented a resolution concerning
discharging of firearms along roads and road right -of -ways within Harnett
County. Commissioner Collins moved for the adoption of the resolution.
Commissioner Hudson seconded the motion and it passed with the following vote:
Ayes: Commissioners Collins, Hudson, Shaw, Stewart
Noes: Commissioner Smith
The resolution is copied in full at the end of these minutes dated September
18, 1989, as document no. 3.
PUBLIC HEARINGS CONCERNING Carla Stephens, Planning Director, briefed the group that there would be two
APPLICATIONS FOR ZONING public hearings concerning applications for proposed zoning district changes
DISTRICT CHANGES and explained the purpose was to obtain public comments concerning the
proposed zoning district changes.
PHYLLIS BENNETT
JERRY RAYNOR
Chairman Stewart called to order a public hearing concerning application for
Phyllis Bennett, from RA -30 Zoning District to RA -20M Zoning District, locate
in Upper Little River Township, on S.R. 1129.
Carla Stephens, Planning Director, presented the application to the Board.
Chairman Stewart opened the meeting for public comments.
No comments were offered from the public.
Chairman Stewart closed the public hearing concerning application for proposec
zoning district change for Phyllis Bennett.
Chairman Stewart called to order a public hearing concerning application for
Jerry Raynor, from RA -30 Zoning District to Commercial Zoning District,
located in Anderson Creek Township, on S.R. 2048.
Carla Stephens, Planning Director, presented the application to the Board.
Chairman Stewart opened the meeting for public comments.
The following citizens provided comments concerning the application:
1. Pat Kerner, adjacent landowner, no objection.
2. Jerry Raynor, applicant
Chairman Stewart closed the public hearing concerning application for propose
zoning district change for Jerry Raynor.
ACTION The Board considered the following applications for zoning district change:
PHYLLIS BENNETT
JERRY RAYNOR
SUBDIVISION PLAT
BICKETT TURLINGTON
SANDY GROVE
AMENDMENT TO ZONING
ORDINANCE
1. Phyllis Bennett, from RA -30 Zoning District to RA -20M Zoning
District, Upper Little River Township, S.R. 1129. The Planning Board
recommended approval of the application. Commissioner Hudson moved
that the zoning district change application request be approved.
Commissioner Shaw seconded the motion and it passed with a unanimous
vote.
2. Jerry Raynor, from RA -30 Zoning District to Commercial Zoning
District, Anderson Creek Township, S.R. 2048. The Planning Board
recommended disapproval of the application. Commissioner Smith
moved that the zoning district change application be denied.
Commissioner Hudson seconded the motion and it passed with a
unanimous vote.
Carla Stephens, Planning Director, presented a subdivision plat for Bickett
Turlington Subdivision, consisting of 9 lots owned by Bickett Turlington, and
located in Grove Township, on S.R. 1564. Commissioner Hudson moved for the
approval of the subdivision plat. Commissioner Smith seconded the motion and .
it passed with a unanimous vote.
Carla Stephens, Planning Director, presented a subdivision plat for Sandy
Grove Subdivision, consisting of 4 lots located in Black River Township on
S.R. 1542. Commissioner Smith moved that the subdivision plat be approved.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
Carla Stephens, Planning Director, presented an Ordinance Amending an
Ordinance entitled Zoning Ordinance for Harnett County, North Carolina adopter
July 18, 1988, which includes proposed changes presented in public hearing on
August 21, 1989. Commissioner Hudson moved for the adoption of the ordinance.
Commissioner Collins seconded the motion and it passed with the following
vote:
Ayes: Commissioners Hudson, Collins, Smith, and Stewart
Noes: Commissioner Shaw
The ordinance is copied in full in the Harnett County Ordinance Book 1,
page/3$.
AMENDMENT TO SUBDIVISION Carla Stephens, Planning Director, presented an Ordinance Amending an
Ordinance entitled Subdivision Regulations for Harnett County, N.C., which
includes proposed changes presented in public hearing on August 21, 1989.
Commissioner Hudson moved for the adoption of the ordinance. Commissioner
Collins seconded the motion and it passed with a unanimous vote. The
ordinance is copied in full in the Harnett County Ordinance Book 1, page/3f.
PETITION RE: MOBILE Dallas H. Pope, County Manager, briefed the Board on petition received
HOME PARK ON HWY. 27 concerning proposed mobile home park on highway 27 west of Lillington. The
following citizens spoke in opposition to the proposed park:
603
BRIEFING ON
C.A.P.
TAX COLLECTOR
CHARGED TO
COLLECT TAXES
RESOLUTION RE:
SALE OF SHER.
DEPT. EQUIP.
1. James Werbelow
2. Greg Filyo
3. Leo McDonald
4. Charlie Cotton
Commissioner Collins moved that the Board call for an Environmental Health
report concerning this matter and that until the Board could further study the
matter that the Inspections Department be directed not to issue a Certificate
of Occupancy for this project. Commissioner Shaw seconded the motion and it
passed with a unanimous vote.
Jack Bryan, Social Services Director, briefed the Board on proposed Community
Alternative Program for Harnett County. The Board will consider a resolution
concerning this program at the next regular Board Meeting.
Commissioner Hudson moved that the Clerk to the Board charge the Tax Collector
to collect the taxes for Harnett County. Commissioner Collins seconded the
motion and it passed with a unanimous vote. The charge was administered to
Bobby Wicker, Tax Administrator, by Vanessa W. Young, Clerk to the Board, and
is copied in full at the end of these minutes dated September 18, 1989, as
document no. 4.
Jerry T. Blanchard, Transportation and Procurement Director, presented a
resolution concerning sale of Sheriff's Department equipment. Commissioner
Collins moved that the resolution be adopted. 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 September 18, 1989, as document no. 5.
SPECIAL SERVICE W. Glenn Johnson, County Attorney, presented a request to establish a special
DISTRICT REQUEST service district to provide fire protection services the northwest section of
the county. Commissioner Collins moved that the Board move forward with steps
to establish the requested fire district. Commissioner Shaw seconded the
motion and it passed with a unanimous vote.
INTER -BASIN
TRANSFER OF WATER
HANGER FACILITY
CONTRACT -
FOUR "P" INVEST.
CO.
W. Glenn Johnson, County Attorney, briefed the Board on petition which could
be submitted concerning inter -basin transfer of water.
Dallas H. Pope, County Manager, presented a contract for construction of a
hangar facility at the Harnett County Airport between the County of Harnett
and Four "P" Investment Company, Inc. Commissioner Smith moved that the
County enter into the lease agreement. Commissioner Collins seconded the
motion and it passed with a unanimous vote. The lease agreement is copied in
full at the end of these minutes dated September 18, 1989, as document no. 6.
APPOINTMENTS TO Commissioner Shaw made a motion that the following appointments be made to
PLANNING BOARD fill vacant positions on the Planning Board:
1. Ms. Rachel M. Barnes - three year term expiring December 31, 1991
P. 0. Box 86
Angier, NC 27501
2. Mr. Guy Cayton - two year term expiring December 31, 1990
P. 0. Box 417
Spring Lake, NC 28390
Commissioner Hudson seconded the motion and it passed with a unanimous vote.
APPOINTMENTS TO Commissioner Smith made a motion that the following appointments be made to
ZONING BD. OF the Zoning Ordinance Board of Adjustment:
ADJUSTMENT
1. Reappointment of Mr. Blount Whiteside
1502 N. Wellons Avenue
Dunn, NC 28334
2. Appointment of Ms. Lois Hall (to replace Mr. C. P. Tarkington)
6704 Carnation Circle
Spring Lake, NC 28390
3. Appointment of Mr. C. P. Tarkington (Alternate member)
6503 Ray Road
Spring Lake, NC 28390
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented a Resolution
AGREEMENT WITH Authorizing Execution of Agreement with John H. Wellons et al. Commissioner
JOHN H. WELLONS 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 September 18, 1989, as
document no. 7.
RESOLUTION RE: John M. Phelps, II, Public Utilities, presented a Resolution Regarding
ENCROACHMENT WITH Encroachment with Colonial Pipeline Company. Commissioner Smith moved for the
COLONIAL PIPELINE 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 September 18, 1989, as document no. 8.
REPORTS
BUDGET AMEND.
APPOINTMENT TO
LEE-HARNETT
MENTAL HEALTH
EXECUTIVE
SESSION
ACTION RE:
BIDDING OF
ELECT. CONTRACT
BUNNLEVEL %RIVER.
ADJOURNMENT
Reports for the month of August were filed with the Board from the following
departments: Agricultural Extension, Inspections Department, Health
Department, Social Services, and Planning.
Dallas H. Pope, County Manager, requested the following budget amendment for
Public Utilities:
Code 30- 9100 -045
30- 9100 -074
Revenue:
30- 3990 -001
30- 3990 -003
30- 3990 -004
Contracted Services
Capital Outlay- Equipment
$8,650. increase
581. increase
Unappropriated Fund Bal.- water 400. increase
Unappro. Fd. Bal.-South Cen. 8,681. increase
Unappro. Fd. Bal. -West. Cen. 150. increase
Commissioner Shaw moved for the approval of the budget amendment.
Commissioner Collins seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Agriculture Extension:
Code 10- 7300 -011
10- 7300 -033
Revenue:
10- 3990 -000
Telephone & Postage
Materials & Supplies
Fund Balance Appropriated
$ 45. increase
1,005. increase
1,050. increase
Commissioner Hudson moved for the approval of the budget amendment.
Commissioner Collins seconded the motion and it passed with a unanimous
vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Family Violence Prevention:
Code 10- 7301 -014
10- 7301 -033
10- 7301 -074
10- 7301 -045
Travel & Meetings
Materials & Supplies
Capital Outlay- Equipment
Contracted Services
$ 100. increase
269. increase
5,795. increase
6,164. decrease
Commissioner Smith moved for the approval of the budget amendment.
Commissioner Shaw seconded the motion and it passed with a unanimous
vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Social Services:
Code 10- 7700 -003 Salaries &
10- 7700 -045 Contracted
Wages -part time 111,804. decrease
Services 111,804. increase
Commissioner Hudson moved for the approval of the budget amendment.
Commissioner Smith seconded the motion and it passed with a unanimous vote.
Commissioner Hudson made a motion that Ms. Berline Kelly, Rt. 4, Box 733B,
Spring Lake, NC be reappointed to the Lee - Harnett Mental Health Board for a
four -year term to expire 9 -1 -93. Commissioner Shaw seconded the motion and it
passed with a unanimous vote.
Commissioner Shaw moved that the Board go into Executive Session.
Commissioner Hudson seconded the motion and it passed with a unanimous vote.
Commissioner Collins moved that the Board come out of Executive Session.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
Commissioner Shaw made a motion that the previous action of the Board of
Commissioners authorizing the rebidding of the electrical contract work on the
Bunnlevel- Riverside Wastewater System Project be amended to allow the County
of Harnett, through the County Manager or a designated employee, to negotiate
with Hogue Electric, Inc. in connection with such work prior to its rebidding
in an effort to determine if such work can be performed pursuant to a
negotiated agreement with the provision that such work be rebid in the event
that said negotiations do not yield an agreement that is acceptable to the
County and approved by the Board of Commissioners. The motion was seconded by
Commissioner Collins and unanimously adopted by the Board.
There being no further business, the Harnett County Board of Commissioners
duly adjourned at 11:15 p.m.
G. Stewart Chairman
Kay
xi See e cvtor �a eo n A �` J)
Blanchard, Rec °Sec. Vanessa W. Young, erk
605
DOCUMENT NO. 1.
NORTH CAROLINA,
HARNETT COUNTY.
RESOLUTION
THAT WHEREAS, the Harnett County Board of Commissioners has
received a petition signed by persons owning land within Harnett
County requesting that the Board of Commissioners take such
action as might be necessary to impose controls within Harnett
County relative to the spotlighting of deer within the County;
and
WHEREAS, a determination has been made that the laws of the
State of North Carolina provide that the Board of Commissioners
of a County may seek, by resolution duly adopted, the imposition
of such controls by the appropriate agencies of the State of
North Carolina; and
WHEREAS, it has been determined by the Board of
Commissioners of Harnett County that all adjoining Counties
impose controls and restrictions in connection with the
intentional shining of a light upon a deer or intentional
sweeping of a light in search of a deer; and
WHEREAS, it has been represented that the activities above
referenced occur with frequency in Harnett County, in part
because there are no such restrictions and controls in said
County but adjoining Counties do have such restrictions and
controls;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners
of Harnett County that the appropriate agencies of the State of
North Carolina, including the North Carolina Wildlife Resources
Commission, take such action as might be allowed by law to
investigate and review the above referenced matter and impose
within Harnett County restrictions, regulations and prohibitions
which would serve to make it unlawful for anyone, between the
hours of one -half hour after sunset and one -half hour before
sunrise, to intentionally shine a light upon a deer or
intentionally sweep a light in search of a deer in said County.
This 18th day of September, 1989.
ATTEST:
Vanessa W. Young
Clerk to the Board
HARNETT COUNTY BOARD OF COMMISSIONERS
By: 1 At t
G. Stewart, Cha rman
y,
606
DOCUMENT NO. 2.
NORTH CAROLINA,
HARNETT COUNTY.
R E S O L U T I O N
THAT WHEREAS, the County of Harnett presently has no regulations that
prohibit the hunting or running of deer by dogs within such County; and
WHEREAS, the Harnett County Board of Commissioners has received a
petition signed by persons owning land within said County requesting the
imposition of controls and restrictions prohibiting the hunting or running
of deer by dogs within the northern section of Harnett County, (Cape Fear
River north), and
WHEREAS, the laws of the State of North Carolina provide that such
controls and restrictions may be imposed by the appropriate agency of the
State upon completion of the process established by law and after the receipt
by said agency of a resolution duly adopted by the Board of Commissioners
of the County for which such restrictions and controls are sought; and
WHEREAS, it has been alleged that property owners within the County
of Harnett have determined that individuals are crossing and utilizing
the lands of others in connection with hunting of deer and running of deer
by the use of dogs without the permission of the owners of certain lands
being so crossed and utilized; and
WHEREAS, the North Carolina Wildlife Resources Commission is the appro-
priate agency to investigate this matter and comply with the procedures
established by the laws of the State of North Carolina relative to the
imposition of controls and restrictions of the type herein referenced;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the
County of Harnett that the State of North Carolina, by and through the
North Carolina Wildlife Resources Commission, take such action as might be
provided by law to impose within Harnett County, North Carolina such
regulations as might be necessary to cause it to be unlawful to hunt deer
by the use of dogs or to run deer by the use of dogs in the northern section
of Harnett County, North Carolina (Cape Fear River north).
This 18th day of September, 1989.
HARNETT COUNTY BOARD OF COMMISSIONERS
607
DOCUMENT NO. 3.
NORTH CAROLINA, R E S O L U T I O N
HARNETT COUNTY.
THAT WHEREAS, the County of Harnett presently has no regulations that prohibit
the discharging of firearms (a practice used in some form of hunting) along road-
sides and road right -of -ways within such County; and
WHEREAS, the Harnett County Board of Commissioners has received a petition
signed by persons owning land within said County requesting the imposition of
controls and restrictions prohibiting the discharging of firearms along roadsides
and road right -of -ways within Harnett County; and
WHEREAS, the laws of the State of North Carolina provide that such controls
and restrictions may be imposed by the appropriate agency of the State upon
completion of the process established by law and after the receipt by said agency
of a resolution duly adopted by the Board of Commissioners of the County for
which such restrictions and controls are sought; and
WHEREAS, it has been alleged that property owners within the County of
Harnett have determined that individuals are discharging firearms along roadsides
and road right -of -ways creating a major hazard to personnel and property that may
be in the area where firearms are being discharged in the practice of hunting;
and
WHEREAS, the North Carolina Wildlife Resources Commission is the appropriate
agency to investigate this matter and comply with the procedures established by
the laws of the State of North Carolina relative to the imposition of controls
and restrictions of the type herein referenced;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County
of Harnett that the State of North Carolina, by and through the North Carolina
Wildlife Resources Commission, take such action as might be provided by law to
cause it to be unlawful to discharge firearms along roadsides and road right-
of-ways in Harnett County, North Carolina.
This 18th day of September, 1989.
ATTEST:
r-�Vanessa W. Youn Clerk
HARNETT COUNTY BOARD OF COMMISSIONERS
By:
Li d . Stewart, hairman
608
DOCUMENT NO. 4..
CHARGE TO THE TAX COLLECTOR OF HARNETT COUNTY
You are hereby authorized, empowered, and commanded to collect the taxes
set forth in the tax records filed in the Office of the Tax Assessor and in
the tax receipts herewith delivered to you, in the amounts and from the
taxpayers likewise therein set forth. Such taxes are hereby declared to be a
first lien upon all real property of the respective taxpayers in the County of
Harnett, and this order shall be a full and sufficient authority to direct,
require, and enable you to levy and sell any real or personal property of such
taxpayers, for and on account thereof, in accordance with law.
Witness my hand and official seal this Seventh Day of November, Nineteen
Hundred and Eighty- Eight.
DOCUMENT NO. 5.
HARNETT COUNTY BOARD. OF COMMISSIONERS
Vanessa W. Young, Clerk to the Board
HARNETT COUNTY
NORTH CAROLINA
RESOLUTION
THAT, WHEREAS, THE COUNTY OF HARNETT has personal
property valued at less than $10,000 which it desires to
offer for sale through private negotiation: and
WHEREAS, G. S. 160A -266 and 267 permits the sale of
personal property through private negotiation and sale.
NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY
BOARD OF COMMISSIONERS that the below listed items shall be
offered for sale through the private negotiation and sale
procedures:
1. Smith & Wesson Service Revolver Seria
2. Smith & Wesson Service Revolver Seria
3. Smith & Wesson Service Revolver Seria
4. Smith & Wesson Service Revolver Serfa
5. Smith & Wesson Service Revolver Seria
6. Smith & Wesson Service Revolver Seria
7. Smith & Wesson Service Revolver Seria
8. Smith & Wesson Service Revolver Seria
9. Smith & Wesson Service Revolver Seria
10. Smith & Wesson Service Revolver Seria
11. Smith & Wesson Service Revolver Seria
12. Smith & Wesson Service Revolver Seria
13. Smith & Wesson Service Revolver Seria
14. Smith & Wesson Service Revolver Seria
15. Smith & Wesson Service Revolver Seria
16. Smith & Wesson Service Revolver Seria
17. Smith & Wesson Service Revolver Seria
18. Smith & Wesson Service Revolver Seria
19. Smith & Wesson Service Revolver Seria
20. Smith & Wesson Service Revolver Seria
21. Smith & Wesson Service Revolver Seria
22. Smith & Wesson Service Revolver Seria
23. Smith & Wesson Service Revolver Seria
24. Smith & Wesson Service Revolver Seria
26. Smith & Wesson Service Revolver Seria
26. Smith & Wesson Service Revolver Seria
27. Smith & Wesson Service Revolver Seria
No. AZH4856
No. AZH7209
No. AZH5104
No. 47K6402
No. AYV8364
No. AYJ3387
No. 103K987
No. 47K6331
No. 47K6452
No. AZC7335
No. AZH6069
No. 47K9272
No. ACL1298
No. 47K6256
No. AZJ2998
No. 47K9800
No. 47K9728
No. 47K6977
No. 47K6075
No. AVR1672
No. 103K992
No. ACL1299
No. 47K6160
No. 47K9248
No. AYH2931
No. 47K6818
No. 47K6327
The County Manager is hereby authorized to dispose of the
above listed personal property through private negotiation
and sale, for not less than one hundred fifty dollars
($150.00) per revolver.
Duly Adopted this the Eighteenth day of September,
Nineteen Hundred and Eighty Nine.
ATTEST:
kU.
Vanessa W. Youn
HARNETT COUNTY BOARD OF COMMISSIONERS
loy Stewart, Chairman
609
DOCUMENT NO. 6.
NORTH CAROLINA,
HARNETT COUNTY.
LEASE
THIS LEASE AGREEMENT, made and entered into by and between
the COUNTY OF HARNETT, a body politic and corporate of the State
of North Carolina, hereinafter referred to as "Lessor ", and FOUR
"P" INVESTMENT COMPANY, INC., a North Carolina Corporation with a
place of business in Harnett County, State of North Carolina,
hereinafter referred to as "Lessee ".
The parties acknowledge and agree that:
A. Lessor is the owner of an airport known as the Harnett
County Airport located in the eastern part of Harnett County,
between the Village of Buies Creek and the Town of Erwin, south
of U. S. Highway 6421 and lying between S. R. 61769 and the Cape
Fear River, about one mile, more or less, west of the Village of
Buies Creek, herein referred to as the Harnett County Airport.
B. Lessee desires to construct, maintain, and use a Hangar
at the airport, together with the right to assign Lessee's rights
to said Hangar, subject to the provisions herein set forth.
C. Lessor is willing to lease to Lessee a portion of the
airport premises for such use, together with such rights and
privileges as are set forth in this agreement.
D. The term Lessee as used in this Lease includes the
concept of "Operator" or Fixed Base Operator" when the Lessee
rents the subject Hangar to the general public.
E. The premises leased under this Lease are more
particularly described as all of the parcel containing 0.36 acres
and identified as "for lease purpose only" shown on the plat
which is attached hereto as Exhibit A and incorporated herein by
reference.
NOW, THEREFORE, for the material consideration hereinafter
stated, the Lessor does hereby demise and lease unto Lessee and
Lessee does hereby hire and rent from the Lessor all that portion
of the said Harnett County Airport hereinabove described, all
upon the following terms and conditions, to wit:
1. LESSEE TO CONSTRUCT HANGARS OWNERSHIP TO COUNTY
Lessee, at Lessee's expense, shall construct or install
upon the space leased to Lessee hereunder a Hangar and related
improvements that it shall determine to be necessary in
connection with the use hereinafter defined, provided, however,
that such Hangar shall be built in accordance with applicable
laws and County Ordinances. Lessor shall have the right to
inspect the plans and specifications of such Hangar prior to
construction and to refuse to permit such construction if the
external appearance thereof does not meet Lessor's reasonable
requirements for substantial uniformity of appearance of all
buildings and structures on the airport property, or if the type
of construction or installation or the location thereof does not
meet Lessor's reasonable requirements for the safe use of the
airport.
610
In addition to other laws and ordinances in effect, the
Lessee shall comply with all applicable provisions of any County
Ordinance with respect to Hangar Construction, to include Section
6, Design and Construction Standards; Other Structures; Section
9, Insurance; Section 18, Construction and Rental of Hangars of
an Ordinance entitled "An Ordinance Establishing Minimum
Standards for Fixed Base Operators of Harnett County Airport,"
and to include all of the provisions of an ordinance entitled "An
Ordinance Establishing Minimum Standards for Construction of
Hangars at Harnett County Airport ".
A failure to complete construction on a Hangar on the
demised premises within one year from the date this Lease is
executed, a failure to construct according to standards, a
failure to get Lessor's approval, or a failure to comply with all
applicable laws, all codes, and all ordinances and requirements
of Harnett County with respect to Hangar construction, shall be a
breach of this Lease.
The County shall own the Hangar to be constructed as
herein set forth.
2. TERM
The term of this Lease shall be for a period of twenty
five (25) years, commencing upon completion of construction of
the Hangar on the demised premises, or twenty -six (26) years from
the date Lessor executes this instrument, whichever first occurs.
3. CONSIDERATION
The construction of a Hangar as provided for in
paragraph one hereof shall be full consideration for this Lease
for the above set forth term.
4. PURPOSE FOR WHICH THE DEMISED PREMISES MAY BE USED
As provided for in the aforementioned Ordinance
Establishing Minimum Standards, Section 18, the Hangar
constructed by Lessee on the demised premises shall be used for
the storage and maintenance of airplanes only, with such storage
and maintenance of airplanes to be inside the Hangar facility
only.
If the Hangar is rented to the public or any
governmental agency by Lessee, which use is hereby authorized,
such use shall be a "miscellaneous operation" within the meaning
of Section 17 of said ordinance fixing minimum standards for
fixed base operators, and the provisions of said ordinance shall
apply to Lessee as a fixed base operator.
The provisions contained in paragraph 13, HOURS OF
OPERATION, 14, USE FOR BENEFIT OF THE PUBLIC; RATES CHARGES, ETC.
and paragraph 15, DISCRIMINATION PROHIBITED, shall apply only if
Lessee is renting Hangar space to the public.
5. RIGHTS NOT EXCLUSIVE
The rights of Lessee, as a fixed base operator for the
purpose of renting Hangar space are not exclusive and such rights
may be granted to others on other portions of the Harnett County
Airport.
611
6. DUTY TO CLEAN, ETC.
The Lessee shall at all times keep the leased premises
clean and free from rubbish, and in a neat and presentable manner.
The Lessee shall remove all wrecked, dismantled or junked
aircraft from the leased premises. Lessee shall keep the grass
growing in or outside of the Hangar in a neat and presentable
condition.
7. REPAIRS AND MAINTENANCE, BUILDING AND GROUNDS
The L hall make all repairs and perform all
necessary maintenance on the Hangar building constructed by
Lessee on the leased premises and generally keep the Hangar
building and grounds in good condition and in keeping with
established minimum standards. The grounds shall be landscaped
in a presentable manner and shall have either a permanent surface
(such as concrete) or a lawn of neat and presentable appearance.
8. OTHER FIXED BASE OPERATORS
The terms and conditions of this agreement shall not
prevent the Lessor from executing leases with other Fixed Base
Operators, as well as the United States Army, United States Air
Force, United States Navy or other federal, state, county or
municipal agencies pertaining to governmental flying into and out
of and use of Harnett County Airport.
9 FORCE MAJEURE
If during this agreement, the United States Government
or any governmental agency acquires possession of the premises
herein leased by virtue of any laws now in effect or which may
become effective during the term of this agreement, then this
agreement at the option of the Lessee may be terminated or may be
suspended for the period the Lessee is deprived of the premises,
and if suspended thereafter the Lessee may resume its tenancy and
the agreement shall continue until the full term thereof has been
enjoyed by the Lessee.
10. ALTERNATIONS, ADDITIONS OR IMPROVEMENTS
Lessee must first obtain the approval of the Lessor
before making any alternations, additions or improvements to or
on the leased premises.
11. EFFECT OF OTHER AGREEMENTS
Lessee shall not enter into any transaction which would
deprive the Lessor of any of the rights and powers necessary to
perform all covenants of the Grant Agreements or other
obligations under any of the various types of agreements with
federal and state agencies. It is understood by the Lessee that
this Lease Agreement is subordinate to the terms and conditions
of all deeds and agreements between the Lessor and the United
States relative to operations, maintenance and control of the
Harnett County airport.
12. ASSIGNMENT AND SUBLETTING
Assignment of this Lease by Lessee or subletting of any
portion of the leased premises shall be subject to the consent of
Lessor.
612
13. HOURS OF OPERATION
Except during inclement weather, and absent the written
authorization of Lessor providing otherwise, the Lessee, as a
fixed base operator, agrees to keep the Hangar to be constructed
upon the leased premises open to the public during regular
business hours. Regular business hours are from 8:00 a.m. to
5:00 p.m., seven days a week when Eastern Standard time is in
effect, and from 8:00 a.m. until 7:00 p.m. when Daylight Savings
time is in effect.
14. USE FOR BENEFIT OF THE PUBLIC;
RATES, CHARGES, ETC.
Lessee, as-ma fixed base operator, shall operate for the
use and benefit of the public and make available to the public on
fair and reasonable terms all leased airport facilities and
furnish all service on a fair, equal and non - discriminatory basis
to all users thereof and to charge fair, reasonable and
non - discriminatory prices for each activity, product or service.
Rates and charges for any activities, products and services shall
be fixed by the Lessee subject to Lessor concurrence and approval
of such rates and charges as to reasonableness. In the event of
disputes as to such reasonableness, final determination will be
made by the Lessor. The channels for approval of rates and
charges begin with the Airport Committee and thereafter follow
the procedures set forth in paragraph 17. All services offered
by the Lessee shall be performed with promptness and courtesy.
15. DISCRIMINATION PROHIBITED
The Lessee, as a fixed base operator, will not on the
grounds of race, color, or national origin, discriminate or
permit discrimination against any person or group of persons in
any manner prohibited by Part 21 of the Department of
Transportation Regulations.
16. INSURANCE
The Lessee shall maintain a fixed base airport
liability insurance policy in limits of not less than $100,000.00
(One Hundred Thousand and 00 /100 Dollars) per Claimant and
$300,000.00 (Three Hundred Thousand and 007/,100 Dollars) per
occurrence for bodily injury, and not less than $250,000.00
(Two Hundred Fifty Thousand and 00 /100 Dollars) for property
damage. Such insurance coverage shall indemnify the Lessor for
all claims brought against it for bodily injury and property
damage due to negligent or careless operations and use by or
through the Lessee, and the Lessee shall file a copy of such
policy with the Lessor or shall provide Lessor with a current and
valid Certificate of Insurance deemed adequate by Lessor. Lessee
shall maintain necessary fire, theft and comprehensive insurance
to cover all improvements to be made by Lessee, including the
Hangar Lessee is to construct, and the other fixed assets of
Lessor. All property owned by Lessee shall be insured by it and
Lessor has no responsibility for any loss sustained due to fire,
theft, or other causes.
613
17. LESSOR /AIRPORT COMMITTEE /COUNTY MANAGER /AGENT
RELATIONSHIPS
Lessor has a duly- appointed agent, an Airport Committee
and a County Manager. L green to deal with the Lessor
through the following channels: First, through the Lessor's
duly- designated agent; second, through the Airport Committee when
practicable; third, through the County Manager; and last, through
the Board of Commissioners. At this time, the County's agent for
the purposes hereinafter described is Harnett Aviation, Inc., and
its rights and duties are set forth in a lease agreement executed
by the Lessor on February 27, 1989. its authority is as set
forth in paragraph 20 of said lease agreement.
18. DECISIONS BY AGENT FOR COUNTY AND NOTICE
If Lessee excepts or objects to the authority of
Harnett Aviation, Inc., or its successor, (hereinafter in this
Lease called "Agent "), to prohibit unauthorized aeronautical
activities or to exercise the other authority as provided for in
paragraph 17 above, or to other action taken by Agent pursuant to
the Lease between the Agent and the County of Harnett, the Lessee
may appeal the Agent's decision to the Airport Committee. The
Airport Committee shall set a time for hearing such appeal which
time shall be no more than ten (10) days after notice of the
appeal is given to it by the aggrieved party or as soon
thereafter as is practicable. After a decision is made by the
Airport Committee, the Lessee may appeal within ten (10) days
thereafter to the Lessor. The Lessor shall hear the appeal at
the first regular meeting of its Board of Commissioners following
receipt of a notice of appeal, or as soon thereafter as is
practicable. The Agent's decision on such issue shall be binding
until the time for appealing the Airport Committee's decision has
expired, or until the Lessor makes its decision regarding the
matter, whichever first occurs. The Agent is not an agent of the
Lessor for any matter except as provided for in paragraph 17
above, and nothing contained in this document shall provide
otherwise. Agent as a fixed base operator is an independent
contractor whose decisions, insofar as they affect the public and
are made pursuant to Agents rights under a lease with the Lessor,
shall upon application of any person affected by such decision be
subject to administrative review by the Lessor to determine
whether or not federal, state and local laws and regulations are
being followed and enforced by the Agent. The administrative
remedy set forth in this Lease shall not be exclusive, but must
be exhausted before relief is applied for in the courts. If the
Lessor by ordinance adopts either this procedure or an alternate
procedure, then such ordinance shall apply and be followed by the
parties to this Lease.
Any notice by either party to this lease to the other
party shall be sufficient if actually received or given by any
method provided for in the North Carolina Rules of Civil
Procedure.
614
19. COUNTY TAXES
Lessee shall be responsible for all ad valorem taxes
due for Lessee's leasehold interest.
20. UTILITIES
During the term of this Lease, Lessee shall be
responsible for and shall pay all utility costs connected with
the demised premises.
21. BREACH
Should either party violate any term or provision of
this Lease, the party not in default may immediately terminate
the Lease, as provided for in Paragraph 22.
22. TERMINATION
This Lease shall terminate upon breach of any condition
of this Lease by either party which remains uncured for more than
thirty (30) days after written notification of breach by the
party not in default, immediately upon the bankruptcy of the
Lessee, or upon expiration, whichever first occurs. Upon
termination of the Lease, the Lessee agrees to immediately vacate
23. PARTY WALLS
Any wall built upon a boundary of the property
described and referenced in Section "E" above shall be and is
hereby declared to be a party wall. Any transfer of said
property shall be subject to all rights acquired in such party
wall by the owner or owners of any adjacent property owner.
Lessee expressly agrees to permit an adjacent property owner to
build to a wall of its Hangar located upon a boundary line
between such properties upon payment of one -half the actual cost
of such wall at the time it was constructed.
24. HANGAR SET BACK LINES
Lessor may designate the location upon the
above - described property leased to Lessee of all improvements to
be constructed by Lessee, and may impose such set back
requirements as Lessor deems appropriate.
25. RESTRICTIVE COVENANTS
Lessor may impose uniform requirements for set back
lines, party walls, and other similar restrictions, made
applicable to all heretofore and hereafter designated Hangar
sites on airport property; Lessee covenants that any restrictions
imposed pursuant to paragraphs 23 and 24 shall run with the land
and be binding upon Lessee and its successors and assigns, and
that any violation thereof shall constitute a breach of this
Lease Agreement. Lessee agrees, upon request of Lessor, to join
in the execution of any document declaring and imposing any
restrictions on use such as set forth above, and further agrees
that Lessor may enforce any provisions imposed by it, including
those relating to Hangar walls and Hangar set back lines, in any
court having jurisdiction.
EXECUTED IN DUPLICATE, this
1989.
day of
COUNTY OF HARNETT
615
DOCUMENT NO. 7.
RESOLUTION AUTHORIZING EXECUTION
OF AGREEMENT WITH JOHN H. WELLONS gl
WHEREAS, Harnett County, through its Department of Public
Utilities, is planning to construct sewerage collection and
disposal facilities to serve the Bunnlevel and Riverside
Communities pursuant to a plan designated as the Bunnlevel -
Riverside Wastewater Facilities Project; and
WHEREAS, John H. Wellons and wife, Alma R. Wellons and Charles
R. Wellons, single have offered to provide funds to the County for
use in connection with the Project, and it is the desire of Harnett
County to accept such funds; and
WHEREAS, attached hereto is an Agreement between John H.
Wellons and wife, Alma R. Wellons and Charles R. Wellons, single
and the County of Harnett specifying the details of the agreements
between the parties with respect to such funding; and
WHEREAS, it is the desire of the Board of Commissioners of
Harnett County to authorize the execution of such Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that the appropriate officers of the County of
Harnett are authorized to execute the Agreement attached hereto as
Exhibit A.
Duly adopted this 18th day of September, 1989 upon motion made
by Commissioner Hudson , seconded by Commissioner Collins
and adopted by the following vote:
Ayes 5 Noes 0 Abstained 0 Absent 0
Harnett County Board of Commissioners
Attest:
1/Lawu 74.71 ti,,._
Vanessa W. Young, Clerk
NORTH CAROLINA
HARNETT COUNTY
By:
EXHIBIT A
•y.
G. Stewart, Chairman
AGREEMENT
THIS AGREEMENT is made and entered into this _ day of
1989, between JOHN H. WELLONS and wife, ALMA R. WELLONS
and CHARLES R. WELLONS, single of Dunn, Harnett County, North
Carolina (hereinafter sometimes referred to as "Wellons ") and THE
COUNTY OF HARNETT, a body politic organized and existing under the
laws of the State of North Carolina, (hereinafter sometimes
referred to as "County ").
W I TI E B BETE :
THAT WHEREAS, County, through its Department of Public
Utilities, is planning to construct sewerage collection and
disposal facilities to serve the Bunnlevel and Riverside
Communities pursuant to a plan designated as the Bunnlevel -
Riverside Wastewater Facilities Project, (hereinafter sometimes
referred to as the "Project "); and
WHEREAS, Wellons is the owner of certain real properties in
the Riverside Community and has significant interest in the
development of the Project and the resulting improvements the same
will have on that Community; and
WHEREAS, Wellons has offered to provide funds to the County
for use in connection with the Project and'has requested that said
funds be considered by the County as prepaid connection fees; and
WHEREAS, County desires to accept the offer of Wellons in
order to facilitate the construction of the Project; and
WHEREAS, County and Wellons desire to set forth the terms and
conditions of their agreements with respect to these matters as
hereinafter stated.
NOW, THEREFORE, in consideration
representations, warranties,
of the mutual
covenants and agreements contained
herein, and for good and valuable consideration, the receipt and
sufficiency of which
agree as follows:
are hereby acknowledged, Wellons and County
I. FUNDING BY WELLONS
Wellons agrees to pay to County the sum of Sixty Thousand
Dollars ($60,000.00), said funds to be used by the County, without
restriction, for the Bunnlevel Riverside Wastewater Facilities
Project. Said sum shall be due and payable on or before 11:00
o'clock a.m. on the date that the proceeds from the sale of the
bond anticipation note(s) associated with the Project are
transmitted to the County. County agrees to advise Wellons of such
date as soon as practicable after the same is determined.
II. ESTABLISHMENT OF FINANCIAL ACCOUNTING
After receipt of the funds from Wellons, County shall
establish upon its financial and accounting records an account
specified as (or otherwise identifiable as) an Account Payable for
Wellons with regard to the Bunnlevel- Riverside Wastewater
Facilities. Such account shall hereinafter be referred to as the
"Wellons Account ". Upon establishment of the Wellons Account, a
credit balance in the amount of Sixty Thousand Dollars ($60,000.00)
shall be entered thereon.
III. ACCOUNTING FOR PREPAID CONNECTION FEES
During the period specified in Section V below and
subject to the proviso therein, for each sewer connection made by
Wellons (in accordance with Section VI hereof) to the wastewater
facilities constructed pursuant to the Project, County shall enter,
as a debit, the amount of Six Hundred Dollars ($600.00) upon the
Wellons Account. Such entry shall be made in lieu of the
collection of a connection fee and shall decrease the credit
balance on said account. No fee or other charge shall be due from
Wellons with respect to the making of such connections as described
herein, provided that such connections are made in accordance with
Section VI hereof. However, Wellons or the sewer user will be
responsible for payment of the required deposit and the sewer
service fees.
617
IV. REIMBURSEMENT OF CERTAIN CONNECTION FEES
A. During the period specified in Section V below and
subject to the proviso therein, when either:
1. a sewer connection is made (by some other
person, firm or business other than Wellons)
to the Bunnlevel - Riverside Wastewater
Facilities such that the effluent from such
connection will be within the drainage area
tributary to the Project's Pump Station Number
Six.
or
2. there is any other significant expansion made
(by some other person, firm or business other
than Wellons) to the Bunnlevel- Riverside
Wastewater Facilities such that sewer
connections resulting therefrom would encroach
upon the capacity of the Project's Pump Station
Number Six,
then, County shall reimburse to Wellons from the connection fee
collected for each such sewer connection made, the sum of Six
Hundred Dollars ($600.00). At the time of any such payment, County
shall enter as a debit upon the Wellons Account, the amount of such
payment, thereby decreasing the credit balance on said account.
B. The determination as to what expansion would
encroach upon the capacity of the Project's Pump Station Number
Six, as described in Section IV(A)(2) above, shall be made by
mutual agreement of an engineer representing County and an engineer
representing Wellons. Should such engineers be unable to agree,
the determination shall be made by an independent engineer chosen
by County and Wellons. The cost for such independent engineer
shall be paid one -half by County and one -half by Wellons.
C. Connection Fees charged by the County shall be made
pursuant to the applicable policies, rules and regulations of
County, shall be subject to all relevant statutes and laws, and
are subject to change.
D. Any reimbursement distributions made to Wellons as
provided in this Section shall be made by check payable to Wellons,
and shall be made within thirty (30) days after the full amount of
the connection fee from which the distribution shall be made is
collected by County.
E. It is understood that no distribution to Wellons
shall be made from any funds collected by County other than
connection fees as specified herein, and as collected pursuant to
the applicable rules, regulations and /or ordinances of County.
618
V. LIMITATIONS ON PREPAID CONNECTION FEES AND REIMBURSEMENT
OF CONNECTION FEES
The recognition of prepaid connection fees and the debits
made to the Wellons Account related thereto as set forth in Section
III hereof, and the reimbursement of certain connection fees and
the debits made to the Wellons Account related thereto as set forth
in Section IV hereof shall be made to Wellons as stated over a
period of no more than ten (10) years, such period to commence upon
the date the Project is completed (as certified by the County's
engineers) and continue up to and including the same date ten (10)
years therefrom: PROVIDED, HOWEVER that the total amount of prepaid
connection fees recognized and debited to the Wellons Account,
together with any reimbursement distributions made to Wellons and
thereby debited to said account shall not exceed the amount of the
original credit balance in the Wellons Account. That is to say,
that the prepaid connection fees shall be recognized and the
reimbursement distributions made until either the total amount of
prepaid connection fees recognized and the total amount of
reimbursement distributions made equals the original credit balance
in the Wellons Account (whereupon such credit balance is reduced
to zero) or until the ten (10) year period expires, whichever
occurs first.
VI. CONSTRUCTION REQUIREMENTS AND CONVEYANCE TO COUNTY
A. Upon the development of Wellons' real properties
located within and /or adjacent to the Project area, Wellons agrees
to cause to be installed and constructed at Wellons° cost such
sewer collection system appurtenant thereto as will transmit
sewerage from each individual place of use developed by Wellons to
the connection point. Such sewer collection system shall consist
of such network of sewer interceptor lines, force mains and /or
pipelines, and other related appurtenances and /or facilities
necessary to transmit sewerage as above described. The term "sewer
collection system" as used herein shall refer to a system installed
and constructed pursuant to Section VI of this Agreement. The
"connection point" shall refer to that point, as approved by
County, where a sewer collection system installed and constructed
hereunder shall connect to the existing system of the County. The
construction and installation of a sewer collection system shall
be Completed as follows:
1. Wellons shall cause such sewer collection
system to be constructed in accordance with the specifications of
the County as provided through the County Department of Public
Utilities, and Wellons shall permit representatives of County to
inspect the construction and installation of the said sewer
collection system to verify the same.
2. Wellons shall cause plans and specifications
for a described sewer collection system to be completed in
accordance with standard engineering practices and procedures by
a qualified engineering firm acceptable to and approved by the
County and Wellons shall provide copies of the plans and
specifications, for approval, to the County and to its Department
of Public Utilities.
619
3. Wellons shall provide to County and its
Department of Public Utilities, prior to the commencement of the
construction and installation of said sewer collection system, shop
drawings of all materials to be used for construction.
4. Wellons shall obtain and acquire continuous and
adequate easements and rights of way on private lands necessary to
erect, construct, install and lay, and thereafter use, operate,
inspect, repair, maintain, replace, remove, change the size of or
protect said sewer collection system.
5. Wellons shall obtain and acquire permits,
franchises, and authorizations or other instruments by whatsoever
name designated, from public utilities and public bodies,
commissions, or agencies such as are necessary to erect, construct,
install and lay, and thereafter use, operate, inspect, repair,
maintain, replace, remove, change the size of or protect said sewer
collection system upon, along or across streets, roads, highways
and public utilities.
6. Wellons shall obtain approval for the
construction and completion of a sewer collection system from the
necessary federal, state and /or local governments and agencies,
prior to and /or at the time of completion.
7. Wellons shall cause the construction and
installation of a sewer collection system to be completed in
accordance with standard engineering and contracting practices and
procedures, by a qualified contractor acceptable to and approved
by the County.
B. Wellons shall provide County and the County
Department of Public Utilities three (3) entire sets of drawings
of any completed sewer collection system as constructed and as is
conveyed to County as hereafter provided.
B. Wellons agrees that in the event that the
construction and installation of a sewer collection system is not
completed as set forth above, then County shall notify Wellons of
such fact and in what ways the construction does not meet the terms
of this agreement, and it shall be the duty of Wellons to
thereafter correct such items or things as do not meet the terms
hereof.
C. Wellons agrees that upon completion of the
construction of a sewer collection system, and inspection, approval
and acceptance thereof by County through its Department of Public
Utilities, to convey by good and sufficient deed and /or other
document of conveyance to County that entire sewer collection
system, together with all easements, rights of way, permits,
franchises, authorizations or other instruments as described in
subsections VI(A)(4) and VI(A)(5) above needed to operate and
maintain the said sewer collection system.
D. Wellons hereby warrants that a sewer collection
system caused to be constructed by it, and thereafter conveyed to
the County as described above, shall be constructed with good
material and in a workmanlike manner and shall be properly
620
installed, based upon sound engineering principles and good
workmanship, and shall be capable of collecting and disposing of
sewage in the manner for which it was designed.
E. If a said sewer collection system shall, within
twelve (12) months from the date of acceptance thereof by the
County cease to operate as warranted, then the County shall cause
the system to be corrected and the cost thereof, including material
and labor, shall be paid by Wellons.
F. Wellons shall and, insofar as Wellons legally may,
hereby assumes, and agrees to indemnify and hold harmless the
County, its successors and assigns, from and Against all loss,
costs, expenses, including attorneys' fees, claims, suits and
judgments whatsoever in connection with sickness, injury to or
death of any person or persons, or loss of or damage to property
caused by or in any way connected with the installation, use or
presence of a sewer collection system, howsoever caused, during a
one (1) year period beginning with the date of acceptance of a
system by the County. Provided, however, that Wellons and Wellons
successors in interest shall not be liable as a result of any such
damage unless that damage occurs within the one (1) year period
from the date of acceptance of a system by the County.
G. It is understood that upon conveyance of a sewer
collection system to County as described in this Section, as owners
of the same, County shall operate and maintain such sewer
collection system as part of the County's Bunnlevel- Riverside
Wastewater Facilities as operated by the Harnett County Department
of Public Utilities pursuant to the rules and regulations of the
County.
H. Subject to the provisions of Section IV, upon and
after conveyance of a sewer collection system to County, County
shall be entitled to collect and retain all revenues and other
charges from and relating to the service of sewerage facilities to
all users, including Wellons.
I. Upon and after the conveyance of a sewer collection
system as provided in this Section, subject to Section VII(C),
County may allow other users to be served by said system.
VII. MISCELLANEOUS PROVISIONS
A. Connection and Sewerage Transportation. County
shall have, without charge, the right to connect or interconnect
a sewer collection system which is constructed under the terms of
Section VI of this agreement with any other sewer system it desires
and shall have the further right, without charge, to transport
sewerage through the subject sewer collection system.
B. Subject to Rules and Regulations. The operation and
maintenance of the Bunnlevel- Riverside Wastewater Facilities and
the construction, operation and maintenance of a sewer collection
system constructed by Wellons as provided in Section VI hereof are
subject to and governed by Rules and Regulations adopted by the
County for its Public Utilities Department and all fees, charges
and /or costs related to the same are controlled thereby and are
subject to change.
621
DOCUMENT NO. 8.
C. Connections Approved. Any connection made to the
Bunnlevel- Riverside Wastewater Facilities is subject to and
regulated by the said Rules and Regulations and any such connection
shall be approved by County and /or its Department of Public
Utilities prior to such connection.
D. Finding Effect. In the event Wellons should cease
to own the real properties referenced herein, whether the result
of sale, assignment, legal process, or otherwise, this Agreement
shall be binding on said Wellons successor(s) in interest. It is
understood that the obligations and benefits provided for in this
Agreement shall apply to Wellons successor(s) in interest. It is
further understood and agreed that the terms hereof are binding on
the parties hereto and their successors, assigns, and legal
representatives.
E. Future Expansions. In the event Wellons should at
some future date desire to upgrade or participate in the upgrading
of the facilities constructed pursuant to the Project, Wellons
agrees to advise County of such desire and County and Wellons agree
to use their best efforts to negotiate an agreement substantially
similar to this Agreement relative to such upgrading.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be duly executed on the date and year written.
RESOLUTION REGARDING ENCROACHMENT WITH
COLONIAL PIPELINE COMPANY
WHEREAS, the County of Harnett, by and through its Department
of Public Utilities, operates certain water transmission lines in
the Northwest Water and Sewer District of Harnett County; and
WHEREAS, in order to obtain the necessary license to construct
and maintain certain water transmission lines upon and under rights
of way or properties owned by the Colonial Pipeline Company, it is
necessary for the County of Harnett to enter into the Agreement
attached hereto as Exhibit "A "; and
WHEREAS, the County of Harnett desires to enter into said
Agreement;
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that:
1. The County of Harnett is hereby authorized to
and shall enter into the Agreement with the
Colonial Pipeline Company attached hereto as
Exhibit "A ".
2. Rodney M. Tart, Director of Harnett County
Public Utilities is hereby authorized to
execute said Agreement for and in behalf of
the County.
Duly adopted this 18th day of September, 1989, upon motion
made by Commissioner Smith , seconded by Commissioner
Collins , and passed by the following vote:
Ayes 5 Noes 0 Absent 0 Abstained 0
HARNETT COUNTY BOARD OF COMMISSIONERS
EXHIBIT A
Colonial Pipeline Company
Local CPC Address:
Colonial Pipeline
P.O.Box 18403
Groensboro.N.C. 27419
Area Encroachment No.: GRB -89 -47
Date: 8 -25 -89
Encroaching Party Address:
County - OfHarnett
P,O.Box 759
Lillineton.N.C. 27546
Atten: Rodney Tart
Re: Encroachment Agreement - CPC Loc. 808 , Tract No. 70;70.1 ;8(ink
Map No.4@#5 , Stationing
Colonial Pipeline Company presents no objection to your proposed
° 4" PVC Water Line @ SR 1412 and SR 1430
encroaching our 6" petroleum products
pipeline(s) as approved by Colonial's field representative,. subject to the
following conditions:
1. Notify Frank Simpson , (phone 919- 852 -4611 ),
at least two Colonial working days prior to construction, subsequent
maintenance or repair so Colonial may provide a representative at the
site. If he cannot be reached, then notify J.E.Marder
(phone 919- 292 -7779 ).
2. No mechanized ditching or excavation shall be allowed within five (5)
feet of either side of the extremities of the 6"
pipeline(s). No excavation or construction is permitted over
Colonial's pipeline(s) or within its easement without a Colonial rep-
. resentative being present. Sub - grading, grading and placement of fill
over the pipeline(s) will require the approval of Colonial's field
representative as to method and extent. Stockpiling of spoilage or
top soil over the pipeline(s) is not permitted, unless otherwise
approved by Colonial's representative.
3. Right of way will stay clear of equipment vehicles and material at all
times, except as noted in Item 12.
4. Permanent structures are not permitted on the right of way. Manholes,
junction boxes, valve boxes, fire hydrants, service meters, storm
drain inlets, and utility poles are considered permanent structures.
The impoundment of water over the pipeline(s) is not allowed. No
fences or temporary structures shall be allowed in the right of way
without the express approval of Colonial's representative. Temporary
structures include such items as signs, trailers, temporary power
poles, eta.
5. Upon request by the encroaching party, landowner or their agents,
Colonial will determine the approximate location of its pipeline(s)
and right of way limits; however, in doing so, Colonial makes no
warranty as to the accucacy of the locations and measurements given.
Colonial also cannot provide assurance that its permanent line markers
are positioned directly over its pipeline(s).
6. Pipeline markers made unusable or damaged shall be repaired or
replaced at the encroaching party's expense. In addition, no pipeline
markers shall be obscured from public view.
7. Blasting within the immediate vicinity of Colonial's right of way
shall be conditionally allowed. Blasting on Colonial's right of way
shall be permitted only with the approval of a Colonial representative
as to time and method with the prior approval of the Region
Engineering Manager. '
8. The encroaching party agrees that all work on Colonial's right of way
shall be performed in a workmanlike manner and in compliance with
applicable governmental and industry standards and codes.
9. This approval is granted only to the extent of, and with no actual or
implied diminishment of, Colonial's rights and interests, and without
either express or implied warranty.
10. County Of Harnett agrees to defend and hold
Colonial harmless from all loss, cost, or other expense, attorney's
fees and court costs necessary,to enforce any of the provisions
herein, including personal property and bodily injury damages, whether
occurring to it or to Colonial; the respective employees, agents, or
servants of either; or to third parties, Which are proximately caused
by or arise from the installation, maintenance, or repair of your
works, with the exception of claims due to the sole negligence of
Colonial.
.11. Should any damage occur to the herein permitted encroachment, as a
result of Colonial Pipeline Company exercising any of its.. rights -at
any time, Colonial will not be responsible for said damages; and any
expense or monetary cost involved in the repair of said damages will
be borne by owners of said damaged encroachment.
623
12.* In addition to the previously mentioned restrictions, all of the
conditions initialed by Colonial's representative and the encroaching
party.
* See attached sheets
Item 12: Only the initialed conditions by both the encroaching party and A
Colonial representative shall apply.
A. Parallel occupancy of foreign utilities shall not be permitted
longitudinally within Colonial's right of may.
B. Foreign utilities crossing Colonial right of way shall be
installed a minimum of 2' -0" above or below Colonial's
pipeline(s), and this elevation must be maintained for the
entire width of the right of way. The angle of crossing shall
be as near a 90* angle as possible.
C. Ductile iron or steel foreign utility crossings do not tequlre
encasement. Other utility crossings shall be encasing in
( ) steal, ( ) concrete, or ( )
D. Fences shall be constructed with gates sufficiently large to
alloy Colonial's maintenance personnel and equipment the right
of ingress and egress. Fence posts shall be installed to the
side of the pipeline with a minimum of two (2) feet of hori-
zontal clearance.
E. The encroaching party acknowledges that Colonial's pipelines)
have imp d electrical current for the protection of the
steal. Any loss of this protection caused by the encroaching
party will be corrected by Colonial personnel onl . The cost
to correct this damage will be paid by the encroaching party.
F. The proposed new road or railroad shall comply with the minimum
clearances specified in Exhibit 13 or 13A. If these clearances
cannot be maintained, concrete protective slabs per Exhibits 14,
14A, 15, and 15A may be installed to protect the pipeline(s).
If the pipeline(s) have to be exposed and checked for coating
holidays, it shall be paid for by the encroaching party.
C. If the approximate location of the pipeline(s) is required,
steel prod bars, shovels and electrical sensing devices may be
used by Colonial's field personnel. It should be noted that--
these methods are only approximate and can be misleading. The
exact location of the pipeline(s) can best be found through
test pitting.
H. If test pitting is required to determine the exact location and
elevation of the pipeline(s) at the time of construction,
Caution; notify (per Item 1) so
that he may provide a Colonial representative at the site.
This representative must be present during the test pitting for
the protection of the pipeline(s) and common verification of
its location. All costs for this test pitting will be borne by
the encroaching party. Any engineering based on Colonial or
other design criteria stemming from the amount or location of
this test pit data is the responsibility of the encroaching
party.
Itei 12: (Continued) Only the initialed conditions by both the encroaching
party and Colonial representative shall apply.
I. Colonial reserves the right to pen, cut, excavate and dig
across the proposed road or raiiroad, including avenues and
sidewalks; and in either such event, Colonial shall not be
liable for the restoration of same or the payment of any
damages to the encroaching party.
J Excavation or grading which might result in erosion or which
could.render the Colonial right of way inaccessible shall not
be permitted unless the encroaching party agrees to restore the
area and provide protection to Colonial's pipeline(s). Any
erosion control measures within or protecting the right of ray
including diversion dikes, sediment traps, silt fences, gravel
outlets, and emergency spillways will require approval of
Colonial's field representative as to equipment and method.
A. Heavy equipment shall not be permitted to operate over the
pipeline(s) unless earth padding has been provided to protect
the pipeline from vibrating, overloading or physical. damage.
Temporary equipment crossings over the pipeline(s) are
permitted at selected locations as approved by Colonial's field
representative. Light to medium weight equipment will require
five (5) vertical feet of cover over the pipeline(s), and heavy
'equipment will require six (6) vertical feet of cover. Colored
strips of plastic shall be placed under the temporary fill at
original grade so that original grade vill not be disturbed
when the temporary fill is removed. No equipment or vehicles
may be parked over the pipeline(s).
L. Original vegetation on Colonial's right of way shall not be
disturbed except in areas of the above mentioned construction
and approved equipment crossings. High visiblity plastic fence
or other approved barricade shall be installed and maintained
by (check one) encroaching party , Colonial Pipeline
Company _, along Colonial's right-Tray within the limits
of the project to insure that traffic does not travel over
Colonial's pipeline(s).
624
M. Burning or burying of trash, brush, debris, etc. shall not be
permitted within the Colonial right of way without approval
from the Colonial representative. - - --
N. Only low- growing, ornamental type shrubbery or trees, with a
maximum height of four (4) feet tall, shall be allowed within
the right of way.
0. Cover above the pipelines) shall be a minimum of four (4)
feet, and in general, the following criteria as the maximum.
Pipe Size
a. 6 to 30 inch
b. 32 inch
c. 36 inch
d. 40 inch
Cover Above Pipeline
15 feet maximum
11 feet maximum
7 feet maximum
8 feet maximum
Item 12: (Continued) Only the intialed conditions by both the encroaching
party and Colonial representative shall apply.
This criteria for maximum cover is for soil load only. If
other external loads such as vehicle or traffic loads are
involved, do not use.
° P. The following special conditions shall be required for this
project:
Please signify acceptance of the above conditions by a proper official in the
space provided below.
Upon the failure of the encroaching party, owner or his agents to comply with
any of the terms of this Agreement, Colonial. reserves the right to revoke this
Agreement in its entirety, prevent same from continuing any activity in viola-
tion of the terms of this Agreement or its rights under its easements and prior
agreements and make any necessary repairs or adjustments to its pipeline(s) or
right of way with its own forces at the expense of the party requesting the
encroachment.
Original: Right of Way Section
cc: Area Manager: J.E.Marder
Sincerely,
olonial Pipeline mpary'Representative
Region Manager: H.R.Melendy