01171983HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, JANUARY 17, 1983
183
The Harnett County Board of Commissioners met in regular session on Monday,
January 17, 1983, in the Commissioners Room, County Office Building,
Lillington, North Carolina,with the following members present: M. H. Brock,
Lloyd G. Stewart, Rudy Collins, Bill Shaw, and Chairman Jesse Alphin presiding.
Vanessa W. Young, Clerk to the Board, and Robert Morgan, County Attorney, were
also present.
CALL TO ORDER Chairman Jesse Alphin called the meeting to order at 7:30 p.m.
PRAYER
Rodney Tart led the evening prayer.
MINUTES APPROVED The minutes from the Harnett County Board of Commissionrs meeting of January 3,
1983, were approved as read.
PETITION FROM
RESIDENTS ON
SR 1257
SR 1261
SR 1262
Carol Dickens, representing the citizens on Secondary Roads 1257, 1261, and 1262,
presented a petition to the Commissioners requesting that these roads be paved.
Following a discussion of this request, Commissioner Stewart made a motion that
this petition be submitted to the Department of Transportation and that DOT
reconsider the paving of this road. Commissioner Collins seconded the motion and
the issue carried with a unanimous vote. M. H. Brock, County Manager, explained
to the group present that SR 1257 has a priority of 29 which is a good priority.
He also informed those present that this road had come up for paving in the
past, but DOT was unable to obtain all the right -of -ways at that time. Mr. Brock
made the comment that it was evident by all the people present tonight interesting
in the paving of these roads that DOT could probably now obtain all the necessary
signatures from the property owners in order to pave these secondary roads.
RESOLUTION OF Wayne Faircloth, Director of the Harnett County Department of Human Resources - -Manpo
APPRECIATION -- er, presented the following resolution of appreciation to James Kiser:
JAMES KISER
HARNETT COUNTY
NORTH CAROLINA
RESOLUTION OF APPRECIATION
FOR
JAMES KISER
THAT, WHEREAS, James L. Kiser began his services to Harnett County on April 2,
1979, as a counselor in the Harnett County Department of Human Resources; and
WHEREAS, through his proficiency, hard work, dedication and love for the youth
of Harnett County, he advanced to the position of assistant summer youth director in
June, 1979, serving 160 economically disadvantaged young people; and
WHEREAS, he was advanced to the post of summer youth director in May of 1980,
serving 149 youth; and
WHEREAS, as summer youth director in 1981, he worked with 130 disadvantaged
youth of Harnett County; and
WHEREAS, as summer youth director in 1982, he again loyally and proficiently
served 130 economically disadvantaged young people of the County; and
WHEREAS, he has demonstrated leadership in all areas of administration,
guidance, counseling, and job development; and
WHEREAS, he has earned the respect of his co- workers, his supervisor, and
hundreds of young people, thereby reflecting credit on his agency, and on the
citizens of Harnett County; and
WHEREAS, James L. Kiser left the service of Harnett County upon his resignation
on December 31, 1982.
NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS,
that:
1. James L. Kiser be and is hereby thanked, on behalf of all the citizens of
Harnett County, for his commendable efforts and contributions to the betterment of
mankind.
2. A copy of this resolution be presented to James L. Kiser, and a copy spread
upon the minutes of this Board.
Done this Seventeenth Day of January, Nineteen Hundred and Eighty- three.
BUDGET FOR BUIES CREEK
WASTEWATER TREATMENT
PLANT
ACTION
Rodney Tart, Director of the Northeast Metropolitan Water District,
presented the following budget for the operation of the wastewater
treatment plant in Buies Creek for the Board's consideration:
EXPENDITURES
Salaries & Wages, Code 810 -002 - $ "'3;437
FICA Tax Expense, Code 810 -005 - 227
Retirement Expense, Code 810 -007 - 145
Other Fringe Benefits, Code 810 -009 - 78
Telephone & Postage, Code 810 -011 - 150
Utilities, Code 810 -013 - 11,000
Travel & Meetings, Code 810 -014 - 300
Maintenance & Repair - Equipment, 810 -016 - 2,000
Automotive Supplies, Code 810 -031 - 250
Departmental Supplies, Code 810 -033 - 750
Chemicals, Code 810 -034 - 730
N. C. Sales Tax, Code 810 -037 50
County Sales Tax, Code 810 -039 - 15
Contracted Services, Code 810 -045 - 1,000
Insurance & Bonds, Code 810 -054 - 250
Miscellaneous Expense, Code 810 -057 - 250
Contingency, Code 810 -200 - 500
TOTAL $21,132.
REVENUES
Campbell University, Code 35 -135 $21,132
Commissioner Collins made a motion that the above- described budget for
the operation of the Buies Creek treatment plant be approved. Commission-
er Shaw seconded the motion and it carried with a unanimous vote.
GRANT FOR AMBULANCES Stan Williams with Emergency Management Programs on the regional level
Z. Smith Reynolds appeared before the Board and informed the Commissioners that at the
Foundation present time, the Harnett County Ambulance Service is operating three
vehicles, all of which have accumulated mileage in excess of 100,000.
Mr. Williams stated that continued daily usage at the present rate will
necessitate their replacement within another year. Mr. Williams
continued to explain that in the past, federal funding through the
Governors Highway Safety Program has been available to the counties
to assist in the purchase of emergency services vehicles; however, assist-
ance through this program, as well as other state and federal praticipat-
ing programs, has been curtailed tremendously. Mr. Williams stated that
funds are available through the Z. Smith Reynolds Foundation for the
purchase of emergency services vehicles. Mr. Williams stated that a
proposal has been prepared requesting Foundation Funds in the amount of
$35,000 for the purchase of two fully equipped replacement vehicles
for the Harnett County Ambulance Service. The county's cost for
this acquisition will be $21,266. Following a discussion of the proposal,
Commissioner Collins made a motion that the County appropriate $21,266
for the purchase of these two vehicles through the Z Smith Reynolds
Foundation and that M. H. Brock, County Manager, be and he is hereby
authorized to execute this proposal. Commissioner Shaw seconded the
motion and it carried.
LIBRARY -- BUDGET AMENDMENT Commissioner Collins informed the Board that the request that Mrs.
HALF -TIME TO FULL -TIME Randall had brought before the Board of Commissioners at previous
SECRETARY meetings to reclassify a half -time secretary to a full -time position
was presented, on behalf of the Library Board, to the Personnel
Committee at its meeting of January 12, 1983. Mr. Collins explained
that the Library had received additional state aid funds in the amount
of $2,992 and Mrs. Randall wished to use this money to reclassify this
position. It was the recommendation of the Library Board to the
Personnel Committee that the state aid money be, used to reclassify this
secretarial position and the employee would be notified that this
position was dependent on additional state aid and would be terminated
if state money was not available. The Personnel Committee approved
the reclassification of this position from half -time to full -time
through June 30, 1983, and this position would be reconsidered at that
time. Following a discussion of this request, Commissioner Collins made
a motion that the following budget amendment be approved to reclassify
this position at the Library through June 30, 1983, and at that time, the
position would be reconsidered and would be continued only if state
funds are available. Commissioners Shaw seconded the motion and it
carried.
1
MAPPING OF THE COUNTY
CONTRACT BETWEEN
CAMPBELL UNIVERSITY
AND HARNETT COUNTY
CONCERNING TREATMENT
PLANT IN BUIES CREEK
Donald P. Holloway, Director of the Land Records Management Program, gave
a thorough presentation to the Board on base and cadastral mapping of Harnett
County. Mr. Holloway stated that it would cost the County approximately
$145,800 to base map the county which would include aerial photography, gound
control, and production of the orthophoto base maps and $596,000 to cadastral
map the County which includes deed research, copying, assembly and drafting
of cadastral overlay sheets. Mr. Holloway explained that the funding for
this project would be spread over a four -year period and that the State did
participate in the cost. He also recommended that vertical files for the
maps, ozalid printer, and vacuum frame for overlay printing at a total
approximate cost of $6,200 would need to be purchased for the mapping
office and an employee would need to be hired to keep all maps up to date.
Following a lengthy discussion of this proposal, the Board expressed a great
interest in the mapping of the County and also stated that they would like
to visit the mapping office in Bladen County. The Board stated that they
would have to investigate this project thoroughly because of the cost to the
County.
Robert Morgan, County Attorney, presented and explained in full the following
contract and agreement between The County of Harnett and Campbell University:
NORTH CAROLINA,
HARNETT COUNTY. CONTRACT
THIS CONTRACT AND AGREEMENT, Made and entered into this the Seventeenth
Day of January, 1983, by and between THE COUNTY OF HARNETT a body politic,
hereinafter called "County "; CAMPBELL UNIVERSITY, INCORPORATED, a corporation
organized and existing under the laws of the State of North Carolina
with its principal office in Buies Creek, Harnett County, North Carolina,
sometimes hereinafter called "Campbell'; and BUIES CREEK -COATS WATER AND
SEWER DISTRICT OF HARNETT COUNTY, a municipal corporation organized and existin
pursuant to the provisions of North Carolina General Statute 162A -86, etc.,
sometimes hereinafter called "District ".
W I T N E S S E T H:
THAT, WHEREAS, County is the owner of that certain tract or parcel of
land more fully described in a deed dated June 10, 1971, and recorded in Book
551, Page 254, Harnett County Registry, upon which land is located the herein
below referred to waste water treatment plant (sometimes hereinafter called
"treatment plant "); and
WHEREAS, County is the owner of a certain waste water carrier line
installed in an easement right of way leading in a southerly direction from a
point near the South side of U. S. Highway No. 421 to the treatment plant
and the owner of an outfall line installed in an easement right -of -way leading
from the treatment plant in a southerly direction to Buies Creek, which
easement right -of -way areas are described in two (2) deeds identified as
follows: deed dated June 10, 1971, from Campbell College, Inc., and recorded
in Book 551, Page 256, Harnett County Registry, and a deed dated June 10, 1971,
from Ida S. Reardon et al, and recorded in Book 551, Page 255, Harnett County
Registry; and
WHEREAS, the treatment plant was construed pursuant to a contract and
agreement dated August 9, 1971, between County and Campbell, a copy of which
is attached hereto as Exhibit "A" and wherein it is recited that the facility
was constructed pursuant to thejoint efforts of the County and Campbell and
that the sources of funds for construction of said facility were as follows:
Federal Grant Funds
State Matching Grant Funds
N. C. Sales Tax Refunds
Campbell Funds
TOTAL PROJECT COTS
$145,420.00
64,619.00
3,268.52
55,285.38
$268,592.90
WHEREAS, since the completion of the construction of said treatment plant
Campbell has operated and maintained said treatment plant and is now operating
and maintaining the same pursuant to and in accordance with the terms and
provisions of said contract and agreement (Exhibit A) and under a license
granted in the name of the County; and
WHEREAS, County heretofore caused a 201 Waste Water Facilities Plan for
Northeast Harnett County to be prepared by Moore - Gardner and Associates,
Consulting engineers, and said plan, wherein it was recommended that the
treatment plant should be utilized to serve the Sewer District proposed in
such plan, was reported to County in 1978 and then adopted by County after
a public hearing; and
WHEREAS, upon request of citizens in the District, County on or about
October 20, 1980, and pursuant to Article 6, of Chapter 162A of the North
Carolina General Statutes,' caused District to be formed for the-purpose of. formulating a project for'
the collection of wastewater within District and the treatment of the same at the treatment plant;,
and
WHEREAS, County caused engineers to be retained and a project was formulated and proposed to the
voters of -said District who in a- referendum held on April 30, 1982, passed a Two Million Five
Hundred Thousand Dollar ($2,500,000.) bond issue for the purpose of constructing the proposed waste
water collection system within the District and for the further purpose of providing funds neces-
sary to make certain modifications to the treatment plant, so as to enable and cause said plant to
comply with environmental standards established by the.State_ and Federal Governments; and
.:,.WHEREAS, th existing waste iater treatment plant is operating on interim standards and
approximately Two Hundred Fifty Thousand Dollars ($250,000.) is presently needed for modification
of said facility to cause_the same to comply with environmental standards; and
WHEREAS, County expressed its desire and intention to take over the operation and maintenance
of the treatment plant and to extend sewage disposal operations to the citizens of District and -
heretofore gave Campbell notice of its - desire and intention to exercise such option; and
WHEREAS, the County has exercised its option to assume operation of the treatment plant and
extend sewage disposal operations to the citizens of the District and has given notice of
said intention to Campbell, and
WHEREAS, upon receipt of such notice, Campbell expressed and continues to express its concern
that it might suffer in the future if the capacity of the existing plant is increased beyond its
present capacity of five hundred thousand (500,000) gallons per day and further that the County may
fail to meet the future waste water treatment needs of Campbell, and in consequence thereof, the
County has agreed to express its intention not to .increase the capacity of the treatment plant
beyond its present capacity of five hundred thousand (500,000) gallons per day and in the event
County shall in the future propose any substantial expansion in the treatment plant, County shall
give notice. thereof to Campbell and afford Campbell opportunity to study said proposal and
express its position' all as herein set forth and further the County shall affirmatively take action
to plan for sufficient treatment facilities as hereinafter set forth to meet the needs of all users
to be served by .the - treatment plant, and
WHEREAS, in consequence of a meeting of representatives of County and Campbell with State
Treasurer Harlan Boyles and representatives of the N. C. Local Government Commission and the
Farmers Home Administration on January 7, 1983, County assured and does now assure Campbell that :?`
)` It has no::intention to increase said treatment facility beyond its present capacity.of
five hundred thousand (500,000) gallons per day;
(b) It is County's intention that said treatment plant will never be used as a- regional
treatment plant `as hereinafter defined;.
(c) When the use of said treatment plant reaches eighty percent (807) of its capacity of
five hundred thousand (500,000) gallons per day County will initiate studies to provide
additional treatment facilities elsewhere;
(d) When - the'use of said treatment plant reaches ninety percent (90 %) of, its capacity of
five hundred thousand (500,000) gallons per day County will take such action as may be
necessary to limit and restrict the use of said plant to then users, potential users in
the herein defined areas not being served, and new residences; and
(e) In the event any substantial change in said treatment- plants is proposed County will
give Campbell notice thereof and Campbell shall' have with respect thereto the rights
hereinafter set forth; and
WHEREAS, County has heretofore established a County Utility Department with trained personnel
and equipment to operate and maintain the treatment plant and the waste water collection system to
be constructed within District and County, through such-utility department, will, except as other
wise herein provided, operate, maintain, and administer the treatment plant and the wastewater:
collection services for the, District and Campbell; and -
WHEREAS, the wastewater collection systems now owned or hereafter owned or- installed by
Campbell on its campus together with such extensions as may be hereafter installed by Campbell in
accordance with the terms and provisions of this agreement shall be operated and maintained by
Campbell; and
WHEREAS, the waste water collection system within-the Keith Hills Subdivision and such exten-
sions as may hereafter be installed by Campbell shall be operated and maintained by Campbell; and.
WHEREAS, in reliance upon the above set forth assurances Campbell has now agreed to enter into
this contract;
NOW, THEREFORE, IN CONSIDERATION of the premises and their mutual promises and undertakings
herein set forth, County, Campbell, and District,_for themselves, their assigns and successors,
do mutually covenant, contract and agree with each other as follows:
I. COUNTY WILL
I -1. Through its public utility department takeover, operate and maintain the treatment
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plant and its hereinabove referred to carrier line and outfall line.
I -2. Install and Maintian:
(a) On its carrier line referred to in paragraph I -1 above a meter which will accurately
measure the amount of waste water flow being received into the treatment plant from
Campbell's waste water collection system. County agrees that no waste water source
will be permitted in said carrier line other than the waste water from Campbell's waste
water collection system save and except such waste water as may be permitted to enter said
carrier line from the collection system or systems referred to in paragraph I -3 below.
(b) Notwithstanding the foregoing, County may install and maintain on the carrier line or lines
serving the properties referred to in paragraph I -3 below a meter which will accurately
measure the amount of waste water flow being received into the treatment plant from said
properties.
I -3. Grant to Campbell and does hereby grant to Campbell the right to deliver into County's
existing carrier line waste water from any waste water collection system serving all or any part of th
following properties:
(a) The lands known and identified as Keith Hills Subdivision which lands are fully described on
those certain maps recorded in Map Book 19, at Pages 47, 48, 49, 50, and 51, Harnett County
Registry.
(b) The lands of Campbell which lie between Keith Hills Subdivision and U. S. Highway No. 421
and on the west side of Pearson Road which runs southwardly from U. S. Highway No. 421 to
Keith Hills Subdivision.
(c) The lands of Campbell which lie between the Cape Fear River and U. S. Highway No. 421 and
to the west of Keith Hills Subdivision and Pearson Road.
This area embraces and includes a substantial portion of the lands heretofore acquired by
Campbell from the Campbell family, the Wilder lands acquired from Daphine W. Crews, et als.
by deed recorded in Book 674, Page 395, Harnett County Registry, and the Kivette lands
acquired by Campbell from Everett McNeill Kivette and wife by deed recorded in Book 729,
Page 770, Harnett County Registry.
I -4. Treat pursuant to the terms and provisions of this contract and to the extent and in the
manner required by any statute, standard, rule, regulation or requirement of any governmental agency
all waste water delivered to County's presently existing carrier line or any additional carrier line
of County or District from any building or waste water collection system now or hereafter owned by
Campbell, or hereafter constructed and operated by Campbell, or serving any of the property identified
in paragraph I -3 above; provided, however, County shall not be required to treat industrial waste
water from any property identified in paragraph I -3 above.
I -5. Treat in the manner herein required the waste water above referred to for the charges
specified in or fixed and determined pursuant to the provisions of paragraphs II -2 and II -3 below.
The parties understand and agree that the Buies Creek -Coats Water and Sewer District was
created and the treatment plant now existing was designed primarily for non - commercial use, and no
industrial users will be allowed until consultation is had with all parties hereto and no such users
will be accepted without a clear finding that such acceptance will not substantially affect the ability
of the treatment plant to meet the then and foreseeable future needs of the users in District,
Campbell and the properties herein described.
I -6. And does hereby express County policy that the treatment plant should not be expanded
beyond its present capacity of five hundred thousand (500,000) gallons per day and that further the
treatment plant should not be used as a regional waste water treatement plant, that is to say that
said plant should be used to serve the citizens of Campbell, District, Keith Hills Subdivision, those
areas mentioned in paragraph I -3 above (excepting annexed areas of the Town of Coats) and areas
immediately adjacent to the District.
I -7. When the use of the treatment plant reaches eighty percent (80 %) of its capacity of
five hundred thousand (500,000) gallons per day, the County will initiate studies and other
appropriate action to provide additional facilities elsewhere to meet future waste water treatment
needs of District, Campbell and the properties herein described.
In the event County and Campbell fail to agree as to when the use of the plant has reached
eighty percent (80 %) of its capacity, such determination shall be made by an independent consulting
firm or engineer acceptable to and approved by County and Campbell.
The cost of such determination shall be paid one -half (1/2) by County and one -half (1/2) by
Campbell and the decision of the independent firm or engineer shall be binding on all parties.
I -8. When the use of the treatment plant reaches ninety percent (90 %) of its capacity of five
hundred thousand (500,000) gallons per day, the County will take, maintain, and continue such action
as may be necessary to limit and restrict the use of said plant to the customers using the plant at
the time its use reached ninety percent (90 %) of its capacity, new residences and potential users in
the herein defined areas not being served.
In the event County and Campbell fail to agree as to when the use of the plant has reached
ninety percent (90 %) of its capacity, such determination shall be made by an independent consulting:
firm or engineer acceptable to and approved by County and Campbell
The cost of such determination shall be paid one -half (1/2) by County and one -half (1/2) by Camp
ell and the decision of the independent firm or engineer shall be binding on all parties,
I -9. If there is any proposal to make a substantial change in the treatment plant or its use,
immediately give Campbell written notice thereof. Such notice shall describe the proposed change in
such reasonable detail as to enable Campbell to measure its likely effect upon it and its rights here
under. Upon receipt of such notice Campbell shall then have a reasonable time, and in any event at
least ninety (90) days, in which to- submit to County its reaction to and position on any such
proposal
In the..eventCounty elects to go forward with and carry out any proposed change it shall
keep Campbell advised with respect, thereto and shall afford Campbell, its engineers and other
representatives, reasonable good faith hearings on -any facet of such proposal and its implementation
which will affect Campbell and its rights hereunder.
I -10, Reserve the treatment plant to meet the needs of Campbell, flistrict and the properties,
- including all non - industrial improvements thereon,. identified in paragraph 1 -3 above, and will not
permit wast water from any other town or community to be treated in said existing treatment plant,
I -11. Construct an affluent discharge piperiinning from the treatment plaiit to the Cape Fear'..
River aeeording to the plans heretofore promulgated by County's engineers
I-12. Repair or replace any water line, sewer line or other property of Campbell which is
damaged by County, District, their contractors or representatives in constructing, installing or
maintaining any line,: manhole,. pumping station, waste water collection system, treatment facility or
other appliance or facility in District or for use in connection with the collection system or
treatment facility in or for the District.
I -13. Not run or install any line, pipe, pumping station, appliance or other material or
facility in, through or upon theproperty of Campbell which lies on the west side of Buies Creek
and north of U. S. Highway No 421.
I -14. If' County cannot meet or fails to meet Campbell's needs for waste water treatment, permit
Campbell to discontinue the treatment of all or any part of its waste water by County and to make
such other provision for the treatment of all or any part of its waste water as it shall elect.
II CAMPBELL WILL-
II -1. Subject to the provisions of paragraphs -I -14 above and -II -5 below, purchase from County
waste water treatment services for the flow from:
(a)
Campbell's waste water collection system.
Any. waste water' collection' system owned, leased or managed by
of the properties identified in paragraph I -3 above.
Any building, structure, facility or other improvement owned,
by Campbell which is not covered by subparagraphs (a) and (b)
delivered to the District collection system.
Campbell which serves any....
leased, managed or occupied
above and which is otherwise
II -2. Until January 1,`1998, °Tay to the County for treating any was
improvements identified in paragraphIl -1 above the following charges:
One and 25/100 Dollars ($1.25) for each one thousand (1,000) gallons treated up to one
million "two hundred eight -one thousand (1,281,000) gallons in a given calendar month; One
and - 60/100 Dollars. 01.60) per one thousand (1,000) gallons for the next six hundred ten
thousand (610,000) gallons treated in such month and One and 85 /100 Dollars (1.85) per
one thousand
- (1,000) gallons for all gallonage in excess of one million eight hundred ninety-
one thousand (1,891,000) gallons treated in said month.
e water - from'thesystem and
II -3. After December 31, 1997,- pay 'to-County for treating the waste water from the system and
improvements identified in paragraph II -1 above such charges as County and Campbell may mutually agree
upon or, in the -event they shall not be able -to, so agree, such charges as shall be fixed by the
Local Government Coimuission -of the State of North Carolina. - -In fixing and establishing such rates -
the parties, and in the event it is involved, the Local Government Commission, shall give due consider-
ation to the fact that Campbell owns its collection systems and will have the responsibility to repair
and maintain the same._
II -3a. Notwithstanding the foregoing, in the event County elects to install a separate meter
to measure the waste water flow from the properties identified in paragraph 1-3 above, Campbell
shall pay Two Dollars ($2.) for each one thousand (1,000) gallons of waste water accurately measured
by said meter and treated by County in accordance with the terms hereof.
11 -4. Have and is hereby granted the right and option to connect the waste water disposal
system for-any non-commercial building, structure, facility or other improvement hereafter constructed,
erected.or otherwise placed on premises owned, managed or leased by it to its collection system or
to the District collection' system, whichever Campbell in its sole discretion shall -elect to do.
I1 -5. Have and is hereby granted the right and option to make such other provisions for the
treatment of all or any part of its waste water as it may elect if the County shall fail-
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(a) To provide treatment as herein required for Campbell's waste water flow from its existing
collection system, the collection system for the properties identified in paragraph I -3 above
any addition to said systems or the waste water flow from any new building, structure,
facility or other improvement owned, leased or managed by Campbell; or
(b) To take any action required to assure that County and District will have the capacity to
treat any waste water flow originating or which will originate from any new or existing
building, structure, facility or other improvement which Campbell in good faith proposes to
erect, construct, place, repair, modify or enlarge.
Upon the occurrence of either of said events Campbell may at its sole option and in its sole
discretion terminate this contract and /or make such other arrangements or provisions for the
treatment of all or any part of the waste water from any collection system, building, structure,
facility or other improvement referred to in this paragraph II -5 as it shall desire.
In the event Campbell elects to exercise such option it shall give County and District written
notice of such election by certified mail, return receipt requested. In such notice of termination
Campbell may set out, but shall not be required to set out, terms and conditions upon which it will
continue said contract in full force and agreement and if County elects to meet, perform, and fulfill
such terms and conditions and does in fact fulfill the same within the time required by said letter
of termination or otherwise mutually agreed upon by the parties, said termination shall rot occur
and said contract shall continue in full force and effect subject to any changes or modifications
upon which the parties have mutually agreed.
If Campbell does not elect to specify conditions upon which it will continue to be bound by said
contract, or if it sets out such conditions but County elects not to accept such terms and conditions
or after electing to accept the same fails to fulfill and comply with said conditions, this contract
shall terminate on the date specified in the notice of termination as the termination date and there-
upon and thereafter Campbell shall have no further obligations hereunder.
II -6. At noon on January 17, 1983, deliver to County possession of the treatment plant together
with all operating responsibilities and all materials and supplies on hand. County will accept said
plant in its then condition, will pay Campbell for all materials and supplies delivered to County
by Campbell, will assume full responsibility for the operation of said treatment plant and will
release and discharge Campbell, its successors and assigns of all obligations, claims and demands
for any thing or matter arising out of Campbell's operation of said plant or under the contract
attached hereto as Exhibit A.
II -7. At its expense construct, install and maintain any waste water collection system serving
any building or property referred to or identified in paragraph II -1 above. Insofar as County and
District are concerned, Campbell, its designee or assignee shall at all times be responsible for the
operation and maintenance of the collection systems serving such buildings and properties and any and
all extensions thereof as herein authorized, including the installation and construction of new lines
and replacement lines and parts, operation and maintenance of pump stations, cost of billing and
collection of charges to individual users connected to said system, obligation to comply with
regulatory agency regulations, and any other obligation or cost thereof. It is understood and agreed
that neither County nor District shall be responsible therefor and that specifically treatment
services are being made by County on a wholesale basis. It is also understood and agreed that the
terms hereof do not create any right which may be enforced by any person or entity who is not a party
hereto.
II -8. Grant to County reasonable rights -of -way over, upon and across its property at such
places, for such compensation and upon such terms as Campbell and County mutually agree upon.
In the event said parties shall be unable to agree mutually with respect to the location of or
the compensation for any right -of -way which County desires toacquire over Campbell's lands, the
provisions of this paragraph shall not divest County of any right of condemnation or eminent domain
which is available to it under the laws of North Carolina.
In accordance with the arrangement being adhered to by other District users, Campbell may,
within thirty (30) days after execution of this Contract pay unto the District the sum of Two
Hundred Fifty Dollars ($250.00) for each residential unit and Five Hundred Dollars ($500) for each
commercial unit within the District now owned by Campbell which is not connected to Campbell's
collection system and which is to be connected to the District's collection system, as an advance
payment of the assessment to be made by the District after construction and in consideration of
said advance payment the District shall waive any connection fee; in the alternative Campbell may pay
the assessment to be made at the end of construction and pay such connection fees as are chargeable
to other district users. It is agreed no assessment or connection fees shall be charged against
Campbell or any property identified in paragraph II -1 above if such building or property is now
connected to or is hereafter connected to any collection system identified in said paragraph II -1.
To enable County and District to locate a pumping station on Campbell land near the Parkwood
Subdivision and in consideration of the elimination of an outfall line in the area referred to in
paragraph I -14 above Campbell agrees to convey to County a pumping station site measuring approximate
50' x 75' located immediately North of Parkwood Subdivision. The deed conveying such lot shall
expressly provide that said lot shall revert to Campbell if said site ceases to be used as a pumping
station for said sewer system.
II -9. Campbell agrees to provide the County with prompt notice of its intention to construct
additional academic -and associated - facilities' that will require the services of the treatment plant.
-III. DISTRICT WILL
II1 -1. "Continue with the-waste water project as here
by the -terms of this contract' and agreement.''
III -2. Provide the funds to construct the proposed waste water collection system and make the
ne-essary modifications to the treatment plant. The parties acknowledge that borrowings for such
purposes will have to be approved by -FHA and the Local_Government Commission and that Contracts to
construct the collection system (including easement costs) and make the modifications to the
treatment plant, must be approved by FHA.
ofore planned, except as changed or
modified
III -3. Contract with County for County to:operate and maintain the entire system, including
the treatment plant; through its public.utility department.
1II -4. Cause outfall lines to be constructed and installed within the right -of -way areas
shown on Exhibit "A" attached and to construct a pumping station as hereinbefore mentioned near Park-
wood Subdivision, provided the same shall be approved by FHA.
IV. GENERAL PROVISIONS
IV -1. This contract and agreement shall continue for a term of forty (40) years unless sooner
erminated pursuant to theprovisions` hereof.
IV -2. The parties- will cooperate with each other to accomplish and carry out their respective
duties, obligations and commitments hereunder.
IV -3. `The terms and provisions hereof may be, waived, released, modified or amended only by
the unanimous written consent of the parties hereto{
IN WITNESS WHEREOF, each of said parties has caused this contract to be executed in triplicate
originals by its appropriate and duly authorized and empowered officers the day and year first
above written, end an executed copy hereof is retained by each of said parties.
ATTEST:
Vanessa W. Young
Clerk; Harnett - County Board
of Commissioners
ATTEST:
s/ Lonnie; Small
Secretary
EXHIBIT A
NORTH CAROLINA,
HARNETT COUNTY.
THE COUNTY OF HARNETT
BY s/ Jesse Alphin
Jesse Alphin, Chairman,
Harnett County Board of Commissioners
CAMPBELL UNIVERSITY, INCORPORATED
BY:. s/ Norman Wiggins
President
CONTRACT AND AGREEMENT
THIS :CONTRACT 'AND :AGREEMENT, Made and - entered into as of August 9, 1971, by and between
the COUNTY OF HARNETT, a body, politic created and existing under and by virtue of the laws of
the State of North Carolina, and CAMPBELL COLLEGE, INC., a corporation duly organizedandexisting.
under .the laws .. of the State of North Carolmna with its principal office in the Village of Buie's
Creek, Harnett County, North Carolina, said parties for convenience being sometimes hereinafter
referred to-as 7COUNTY" and "COLLEGE", respectively;
W I T N E S S E T H•
THAT, WHEREAS, the County has, pursuant to a resolution duly adopted by the Board of Conunissioners
of Hrnett County on July 1, 1971, awarded to. Brown Construction Company of Concord, North Carolina,
a contract to construct a sewage treatment facility near the Village of Buie's Creek in Harnett
County, North Carolina, at and for the lump sum`contract price of Two Hundred Twenty -Eight Thousand
Six Hundred Dollars ($228,600.), which sewage treatment facility is designated and identified as
'..Project :No. "WPC NC -280 and is hereinafter referred to as "Project"; and
WHEREAS, the College employed and utilized its facilities and the services and efforts :of its
administrative personnel staff, attorney, engineer, and other employees over a period of three (3)
years in an effort to develop the plan for said project and secure the funds to finance the construction
_thereof; and
WHEREAS, the Board of Commissioners of - Harnett.County -and various employees of the County of
Harnett have cooperated with and assisted the College in-developing and securing said funds, and the
efforts, of the County and the College have culminated in the Federal Water Pollution Control Administra-
,tion,' Middle Atlantic Region, Department of the Interior of the United States of America, making a
19
grant of federal funds in the amount of Eighty -Seven Thousand Two Hundred Fifty Dollars
($87,250.) to the County of Harnett to be used for the purpose of defraying a part of the cost of
constructing said project; and
WHEREAS, the County has
said project and the College
to pay for said project, all
construction of said project
agreed to contribute Thirty Thousand Dollars ($30,000) to the cost of
has agreed to provide and contribute the balance of the funds required
with the result that the total funds necessary to defray the cost of the
are now committed and will be available as and when needed; and
WHEREAS, the College has secured for the County, at no cost to the County, a sewer line
easement from Ida S. Reardon et als., which easement is fully described in deed of easement to
the County of Harnett dated June 10, 1971, and recorded in Book 551, at Page 255, Harnett County
Registry; and
WHEREAS, the College has granted and conveyed to the County of Harnett, at no cost to the County,
a sewer line easement by deed of easement dated June 10, 1971, and recorded in Book 551, at Page 256,
Hrnett County Registry, and has also conveyed to the County, without making any charge therefore,
a 1.95 acre tract of land to be used as the site for said sewage treatment facility, as will appear
upon reference to deed dated June 10, 1971, and recorded in Book 551, at Page 254, Harnett County
Registry which easements and property have been donated to the County upon the express condition and
requirement that the same will be held and used for the purposes herein recited and in accordance
with the terms hereof; and
WHEREAS, the College has also constructed at its sole expense a road leading to said sewage
treatment facility site and a bridge across the middle prong of Buie's Creek, all for the purpose
of providing adequate access to said treatment facility; and
WHEREAS, the College states that it has rendered services reasonably worth at least Twelve
Thousand Six Hundred Dollars ($12,600) in order to bring said project to its present state and
position and states that it will in addition thereto contribute in services and cash the sum of at
least One Hundred Forty -Seven Thousand Seven Hundred Fifty Dollars ($147,750.) at least One Hundred
Ten Thousand Three Hundred Fifty Dollars ($110,350) of which will be used to pay a part of the
construction cost of said project all notwithstanding the fact that the title to said treatment
facility and the easements hereinabove referred to are vested in the County of Harnett; and
WHEREAS, said project is being constructed for the primary purpose of treating and processing
the sewage generated by Campbell College and collected through its present sewage collection system
and it is intended and understood that said facility will be used, at least initially, to treat and
process sewage generated in the main on the campus of the College and to be delivered by and through
the carrier lines and collection system presently owned by the College to the new carrier line to
be constructed as a part of the project, and in consequence thereof the County has requested the
College to operate said treatment plant and maintain the same as well as the carrier line constituting
a part of said project, and the College has agreed so to do; and
WHEREAS, The Board of Commissioners of Harnett County has determined that it will be for the
best interest of the County to permit the College to use the sewage treatment facility for the
term and upon the conditions herein set forth;
NOW, THEREFORE, in consideration of the premises and the mutual undertakings herein set forth,
the County and the College do mutually agree and contract with each other as follows:
1. The construction cost of said project shall be financned and paid out of funds derived
as follows:
A.
B.
C.
Grant of Federal Funds $87,250.00
Contribution of County of Harnett $30,000.00
Contribution of Campbell College, Inc., (estimated) $110,350.00
$228,600.00
2. Simultaneously with the execution of this contract the College shall pay to the County Fifty
Thousand Dollars ($50,000) for application against the sum to be contributed by it. The remaining
funds to be provided and contributed by the College under the terms hereof shall be paid during the
course of construction as and when requested by the County.
The College will contribute in addition to the sum specified in Paragraph 1C above such
additional funds as may be necessary to defray any costs incurred as a result of changes during
the progress of the project provided such changes have been approved in writing by the County,
the College and the contractor.
3. All funds to be furnished under the terms of Paragraph 1 above shall be deposited in
First Citizens Bank & Trust Company, Dunn, North Carolina, an an account entitled "County of Harnett,
Special Account for Buie's Creek Sewage Treatment Facility," and shall be used and disbursed only to
pay and discharge construction costs, expenses and other charges properly incurred and payable in
connection with the project; further, no part of said funds shall be disbursed without the approval
of the Business Manager of Campbell College, the Harnett County Auditor and the Chairman of the
Harnett County Board of Commissioners. Disbursements so approved shall be made by check signed
by the County Auditor and the Chairman of the Harnett County Board of Commissioners.
4. During the construction of project the College will be responsible for all administrative
requirements and the supervision of the construction of the project according to the approved plans
and specifications. In discharging this responsibility the College will utilize the services of its
Business-Manager-Treasurer, -ita Consultant and Design Engineer and its Attorney, Such responsibility
shall terminate upon<the final inspection and approval of-,said project by the appropriate officers
of the State of North Carolina; and the United States. The College will hold the County harmless
as to any claims resulting from any administrative decision which the College made without authority
and in which the County did not concur. However, the College shall have no liability with respect .
to any claims arising against the County because of the failure of the County to - concurin any .
decision of the College or in which the College requested -the County to concur.
5. Upon the completion of said project and from that-date the College shall be entitled to
connect its sewage system to the project at the northern terminus of the carrier line to be installed`
in the easement area described in the deed from Ida/S; Reardon; et als. to.' the.' County of Harnett,
dated Jute 10, 1971, and recorded in Book 551, at Page 255 Harnett County Registry; provided; however,
the College shall thereafter be entitled to use the sewage disposal system of the County charge
free for a period of twenty -five (25) years; provided further that this right shall remain in effect
so long as the College maintains and eperates' the 'sewage disposal facility at its experise and without
cost -to the County and in the amnner described `it Paragraph 6 hereinafter'set forth.
6. - During the term of said permissive use, but subject, however to the provisions of Paragraph
7 below, the College shall at its own expense
a. Operate said facility in accordance with the requirements of the State of North Carolina,
Department of Water and Air Resources, the Federal Water Pollution Control Commission and the North
Carolina State Department of Health and Sanitation and /or their successor or substitute agencies.
b. Provide, supervise and direct such properly qualified personnel as may be necessary to .
operate said facility in the manner required in Subsection <a above.
c. 'Maintain said- sewage- treatment plant and the, new carrier lines to and from the same
in good condition, ordinary wear and tear excepted.
d. Provide all necessary chemicals, compounds and - supplies required for the proper operation
of said facility.
7. The County may hereafter decide to extend its sewage disposal operations se that many citizens
other than the College will be served; if felt advisable by the County, the County may at its option
take over the operation and maintenance of the facility; if this should occur then the College
shall have the right to the charge free service to it, for the remainder of the twenty -five (25)
yearperiod -set forth - in Paragraph 5 above, provided, however, the College shall pay to the County
annually for the remainder. of the term a fee that represents the: average. annual operating and
r maintenance - expense incurred by the College during its operation of the. facility and the County
owned carrier line serving the College, it being the intention of. the - parties that the College
shall.`incur no greater expense during the twenty -five (25) year term than it would have had it
continued as the operator for the twenty -five (25) year term.
8s That the College shall have first refusal of any sale of the facility by the County during
the twenty -five (25) year term specified herein on the same terms and conditions offered or to be
offered to any other prospective purchaser_ of the facility.
In the event said sewage treatment facility shall be sold to Campbell College, Inc., the
College shall be entitled to receive and shall receive as a credit against the purchase price the
sum of. Five Thousand Dollars ($5,000) per year for each year remaining .. in the twenty -five (25)
year term specified in Paragraph 5 above, i.e.; if only ten (10) years of said twenty-five (25)
year term have elapsed and fifteen (15) years thereof remain, then the amount of the credit
against said purchase price shall be Seventy -Five Thousand Dollars.
9. This contract and- agreement shall be binding upon the assigns and successors in interest
of the parties hereto as fully and to the same extent as if such assigns or successors had joined
in the execution hereof.
10. In the event the lands conveyed to the County bu the College by deed dated June 10, 1971,
and recorded in Book 551, at Page 256, Harnett County Registry, shall cease to be used for a
sewage-treatment facility site the County shall reconvey said lands to Campbell College, Inc.,
at no cost to the College.
-IN WITNESS-WHEREOF, each of said parties has caused this contract to be executed itt duplicate
by its appropriate officers,,all -by authority duly given by its governing board, the day and year
above written.
ATTEST:
8/ H. D. Carson, Jr.
Clerk, Harnett County Board
of Commissioners
ATTEST:
s/ Lonnie`: Small
Secretary
COUNTY OF HARNETT
BY:- M. H. Brock
Chairman, Harnett County Board of
Commissioners
CAMPBELL COLLEGE, INC.
BY:` Norman Wiggins;
President
s
.19 9
ACTION CONCERNING Commissioner Collins made a motion that the foregoing contract and agreement
CONTRACT WITH CAMPBELL between Harnett County and Campbell University be adopted, Commissioner
Brock seconded the motion and it passed upon the following vote: Ayes:
Commissioners Brock, Shaw, Stewart, Collins, and Alphin Noes: None
Abstained: None Absent: None
EXPENDITURE &
REVENUE REPORT
The quarterly expenditure and revenue report was filed with the Board.
ADJOURNMENT There being no further business, the Harnett County Board of Commissioners
meeting of January 17, 1983, duly adjourn d at 9:50 p.m.
as
Clerk
Secretary
W