08101983270
SPECIAL MEETING, AUGUST 10, 1983
CALL TO ORDER
PRAYER
BUIES CREEK -COATS
WASTEWATER DISTRICT
kGREEMENT WITH
CAMPBELL
The Harnett County Board of Commissioners met.ih special session on Wednesday,
August 10, 1983, in the Commissioners Room, County Office- Building, Lillington,
North Carolina, with the following members present: M. H. Brock, Lloyd G. Stewart,
Bill Shaw,. Rudy Collins, and Chairman Jesse Alphin presiding. Vanessa W. Young,
Clerk to the Board, and Robert Morgan, County Attorney, were also present. This
special meeting of the Board was duly advertised and a notice was published in the
Courthouse.
Chairman Jesse Alphin called the meeting to order at 9:30 a.m.
Commissioner Jack Brock led the morning prayer.
E. Marshall Woodall, Attorney for the Buies Creek -Coats Wastewater District,
appeared before the Board and presented an agreement between the County and
Campbell for the Board's consideration. Following a discussion of this document,
Commissioner Collins made a motion that the Board adopt the following agreement
between the County and Campbell; Commissioner Shaw seconded the motion and it
carried:
NORTH CAROLINA,
'.
HARNETT COUNTY.
AGREEMENT`
THIS AGREEMENT, Made, and entered into .this llth day of July, 1983, by and
between THE COUNTY OF HARNETT, a body politic duly organized and existing under
the laws of North Carolina, hereinafter called "County" and CAMPBELL UNIVERSITY,
a corporation duly organized and existing under the laws of the State of
North Carolina, hereinafter called "Campbell ";
W 1 T "N "E S'S E T <H
THAT, WHEREAS, County did heretofore enter into an agreement with Campbell
relative to the treatment plant for wastewater at Buies Creek, North Carolina,
said contract being dated January 17, 1983, and recorded in Book 744, Page 157,
Harnett County Registry, and
WHEREAS, Since said time the public utility department of County has been
.operating and maintaining the treatment plant which is presently treating
wastewater from the Campbell` system (including Keith Hills Subdivision) as its sole
customer pursuant to charges as set forth in said agreement; and
WHEREAS, the Harnett County Board of Commissioners for and on behalf of Buies
Creek-Coats Water and Beware ,District of. Harnett County (hereinafter called "Dis- :
trict ") has been negotiating with Campbell relative to easement rights -of -way,
street encroachments, and purchase of pump station sites for and on behalf of
District, the same being necessary for the construction and installation of a
wastewater collection _system -for ': District, and
WHEREAS, As a result of the negotiations between the parties, it is agreed
that the original contract entered into between the parties as it- relates to
wastewater treatment charges for wastewater from Campbell's system be modified`
as herein provided and an agreement relative to the execution and delivery of a
deed for easement rights -of -way, street encroachments agreement, deed of convey -
ance for pump station sites and other matters, be entered into between the parties.
NOW, THEREFORE, In consideration of the mutual obligations herein set forth
and in, further consideration of the sum of TEN DOLLARS to each the other in hand
paid, the receipt of which is hereby, acknowledged, the parties agree as follows:
FIRST: The County agrees to do and perform the following:
(1) Allow Campbell `a period of 12 months from the date of the execu-
tion of this agreement within which Campbell shall conduct studies,
make tests of its collection system, and make necessary repairs to
its collection system to prevent surface water from infiltrating
therein and that during said 12 months period of time, the County
not. charge for more than 95,000 gallons of wastewater flow
during any one day:
(2) Agree to execute and simultaneously herewith` has executed a deed
of conveyance transferring at no further charge to Campbell the
wastewater carrier line owned by the County and now serving the Camp-
bell collection system together with the 20 foot right -of -way for
said line, which line and right -of -way are located immediately north
of the treatment plant situate on Buies Creek and extend in a
northerly direction to the connection with the Campbell collection
system, provided, however, that the County shall have the right to
encroach within said right -of -way, to install its own water and /or
wastewater pipe line or such pipe lines for the District, within,
upon and /or' across said easement-and by Passing over and across
said right -of -way in such manner as shall not interfere with the
use of said right-of-way and the wastewater carrier line that is
presently located therein; provided further that the County or the
District shall be responsible for any damage caused to the present carrier line
or any replacement line by County or District relative to its encroachment
rights therein.
SECOND: Campbell agrees to do and perform the following:
(1) Give and simultaneously herewith has given to District at no further charge or
fee an easement deed dated July 11, 1983, conveying six (6) easement areas to
District.
(2) Give and simultaneously herewith has given unto District at no further charge
or fee an encroachment agreement granting to District certain rights with respect
to the installation of pipe lines within the streets identified in the Deed of
Easement for Right -of -Way within Streets from Campbell University, Inc. to
Buies Creek -Coats Water and Sewer District of Harnett County dated July 11,
1983.
(3) Give and simultaneously herewith has given unto District at no further charge
or fee a deed of conveyance conveying to District (with fee determinable title
for sewer use) two pump station sites which are fully described in that
deed from Campbell University, Inc. to Buies Creek -Coats Water and Sewer District
of Harnett County dated July 11, 1983.
(4) Pay to District the anticipated assessment charge for those improved
properties owned by Campbell which are to be connected to District's system
in accordance with and pursuant to the established schedule of charges made to
other users.
(5) Release and convey and Campbell by these presents, does hereby give, grant,
convey and quitclaim unto County at no further charge all its right, title and
interest in and to all items of personal property located on the premises of
the treatment plant at the time the County's public utility department took
over possession and operation of said treatment plant. (in the eventthat the same
becomes necessary for any reason, Campbell agrees to execute a document or bill
of sale conveying all its right, title and interest in and to the aforesaid per-
sonal property to County.)
(6) Maintain the sewer carrier line to be conveyed by County to Campbell as
above mentioned.
THIRD: It is agreed and understood that the execution of this agreement shall not
constitute a waiver of any right either party has under the contract dated
January 17, 1983, and recorded in Book 744, at Page 157, Harnett County Registry,
or a waiver of any right either party may have to renegotiate or modify said
contract, if any such rights exist.
IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be properly
executed by authority duly given by their respective governing Boards.
THE COUNTY OF HARNETT
BY: s/ Jesse Alphin
Chairman, Harnett County Board of
Commissioners
DEED OF Mr. Woodall presented for the Board's information a copy of the Deed of Easement between
EASEMENT Campbell and the County.
ADJOURNMENT There being no further business, the Harnett County Board of Commissioners special meeting
of August 10, 1983, duly adjourned at 9:58 a.m.
Secretary
CAJ act