09191983HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, SEPTEMBER 19, 1983
The Harnett County Board of Commissioners met in regular session on, Monday,
September 19, 1983, in the Commissioners Room, County Office Building, Lillington,
North Carolina, with the following members present: M. H. Brock, Bill Shaw,
Rudy Collins, and Chairman Jesse Alphin presiding. Commissioner Lloyd G. Stewart
was absent.:` Robert Morgan, County Attorney, and Judy P. Ward, Assistant Clerk to
the Board,-were also present.
CALL TO ORDER - Chairman Jesse:Alphin called the meeting to order at 7:30 p.m.
PRAYER Commissioner Jack Brock led the evening prayer.
MINUTES APPROVED The minutes -from the Harnett County Board of Commissioners meeting of September 6,
1983, were approved as read.
LAND RECORDS
AGREEMENT RE:
BASE MAPPING
M. H. Brock; County Manager, informed the Board that the County had received
notification from the North Carolina Land Records Management Program that the County
has been awarded $10,000 for its base mapping project, and the County would need to
enter into agreement with the Land Records Office obligating itself to match these
funds. The Board then recognized Connie Wester, Photogrammetric Mapping Consultant
with the Land Records Management Program, who briefly explained to the Board and-
the .group present the purpose of the base mapping project and its benefits to the
County. Following the explanation by Mr. Wester, Mr. Brock 'explained to the Board
the Terry Wade, Tax Appraiser with the Tax Office, has been assigned'' as the person
responsible for the mapping project in Harnett County and has recently completed a
week`s school in Greensboro training for this type of work. The Board then
recognized Mr. Wade and Thomas Allen, Tax Supervisor, for comments concerning this
project. Following a discussion, Commissioner Shaw made a motion that the Board
adopt the following Land Records Management Program State and County Agreement,
Commissioner ..Collins,. seconded the motion and it carried with a unanimous vote:
LAND RECORDS MANAGEMENT PROGRAM STATE AND COUNTY
AGREEMENT
THIS AGREEMENT is entered into this 19th day of September, 1983 by and between
the North Carolina Department of Administration (DOA), acting through the Office of
Administrative Analysis (hereinafter called the "OAA ") and the Board of County
Commissioners of Harnett County (hereinafter called the "County ").
WITNESSETH
WHEREAS, Section 102.15, of the North Carolina General Statutes empowers the
Department of Administration to administer a program of technical and financial
assistance for the improvement of county land records; and
WHEREAS, the Land Records Management Grant Application dated June 30, 1983,
prepared and submitted by the County, has been determined by OAA to qualify the
County for a grant award; and
WHEREAS, the Secretary of the Department of Administration has awarded Land
Records Management Grant No 84 -17 in the amount of $10,000 from State matching
funds to, the County as financial assistance for the completion of the project
described in said Grant Application;
NOW,` THEREFORE, the parties hereto mutually agree as follows:
1. County, Engaged. The OAA agrees to assist the County and The County agrees
to perform the work and responsibilities as more fully-described in the Work
Program appended hereto as Attachment A and hereby made a part of this Agreement. as
a complete and sufficient statement of the work encompassed by the Project
Description in the Land Records Management Grant Application supporting Land Records
Management Grant No. 84 -17.
2. General Responsibilities of the County. The County Government shall:
(a)'assume positive leadership to perform and carry out in a satisfactory and
proper manner as determined by OAA, all elements of the Work Porgram set forth in
Attachment A; (b) engage, with the consent of OAA, qualified contractors for all
work not performed by county personnel; and (c) arrange periodic meetings of county
officials, local representatives of the legal, surveying, and engineering pro£es
sions and representatives of OAA to review progress and consider such recommen-
dations for action as may be required.
3. Provision. of Funds. To assist in financing the work covered by this
Agreement, the County has been awarded a grant of State funds in -the amount of
$10,000. It is expressly understood that the County will match this State award
with an expenditure of at least,$10,000 of local tax revenues applied exclusively
to the work covered by this Agreement.
L1b
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4. Obiligation of Grant Funds. Grant funds may not be obligated prior to the effective date
or subsequent to the termination date of this Agreement. All obligations outstanding as of the
termination date shall be liquidated within one year after the date specified. Such obligations must
be related to goods or services provided and utilized within the effective period of this Agreement.
The effective period of this Agreement is July 1, 1983 - June 30, 1984.
5. Changes or Extension of Document. The County or the OAA may, from time to time determine
that changes in the scope of work described in Attachment A will be necessary. Such changes affecting
the nature of the work as well as the timing, methodology, and any increase or decrease in the
amount of compensation due to the County shall be incorporated in written amendments to the contract
which shall be mutually agreeable to the parties hereto and such agreement shall be endorsed there on
by authorized signatures.
6. Termination of Agreement for Convenience. Either the OAA or the County may terminate this
Agreement by giving written notice to the other party of such termination and specifying the effective
date thereof at least thirty (30) days before the effective date of such termination.
7. Termination of Agreement for Cause. If through any cause the County shall fail to fulfill in
a timely and proper manner its obligations under this contract, or if the County shall violate any of
the convenants or stipulations of this Agreement, the OAA shall thereupon have the right to terminate
this Agreement by giving written notice to the County of such termination and specifying the effective
date thereof. Upon the County's receipt of such notification all work shall immediately ceaseand_no
further expenditures shall be claimed against this Agreement except for work already performed.
8. Equal Employment Opportunity. The County and any contractor covered by this Agreement shall
not discriminate against any employee or applicant for employment because of race, color, religion,
sex or national origin and shall take affirmative action to ensure equal opportunity in its employment
practices. The County and any contractor shall state in its advertisements for employees that all
qualified applications shall receive consideration for employment without regard to race, color,
religion, sex or national origin.
9. Interest of OAA Members and Others. No employee of the OAA, and no member of its governing
body, and no other public official of the governing body of the community in which the project is
situated or being carried out who exercises any functions or responsibilities in the review or approval
of the undertaking or carrying out of this project, shall (a) participate in any decision relating to
this Agreement which affects his or her personnel interest or the interests of any corporation,
partnership, or association in which he or she is directly or indirectly involved; or (b) have any
personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.
10. Access to Records. At any time during normal business hours and as often as the OAA or the
Department of State Auditor may deem necessary, the County shall make available to the OAA or
representatives of the Department of State Auditor for examination all of its records with respect to
all matters covered by this Agreement and shall permit these agencies to audit, examine and make
excerpts of transcripts from such records and to make audits of all contracts, invoices, materials,
pay rolls, records of personnel, conditions of employment, and other data relating to all matters
covered by this Agreement.
11. Retention of Records. The County shall retain all financial records, supporting documents,
and other pertinent records related to expenditures against the grant received for a period of three
years following the termination date of this Agreement. In the event such records are audited, all
records shall be retained beyond the three -year period until audit findings have been resolved.
12. Audit Requirements. The County shall be responsible for an audit of the work performed under
this Agreement with copies made available to OAA upon request. The audit may be performed as part
of the county's annual audit.
13. Periodic Reporting Requirements. The County shall prepare and submit to the OAA quarterly
progress reports, due in the OAA no later than 10 days after the end of the quarter. Requisition
for payment, according to the schedule established by this Agreement, shall be subject to authori-
zation by the OAA upon the basis of progress reports evidencing the satisfactory and timely completion
of the work shown in Attachment A.
14. Compensation. The DOA shall pay to the County an amount not to exceed $10,000 for the
services identified in Attachment A upon the conditions set forth in Paragraph 16 hereto.
15. Indemnification. Not withstanding any provisions of this Agreement, it is expressly agreed
that:
The County shall indemnify and save harmless the State of North Carolina and its employees, from
and against any and all claims, demands, suits, judgements, settlements, etc., for sums of money for
and on account of personal injuries, property damage, invasion of real property, or loss of life or
property of any persons whether in contract or tort, as in anyway connected with the performance of
the project covered by this Agreement.
Further, the County expressly releases the State of North Carolina from any liability or any losses
or damages suffered by the County, directly or indirectly, from or in anyway connected with the
performance of this Agreement.
16. Method of Payment. Upon determination by :OAA that the services ident
fled in Attachment A have been satisfactorily completed, the OAA shall notify the
DOA to -pay the amount.set forth in Paragraph 14. Such sum shall be paid in
every case subject to -receipt .of a signed requisition for payment -in- connection
with quarterly progress reports required under Paragraph 13.
County shall be paid in a lump sum or as progress payments by the DOA. If
all work specified for completion is not completed, payment shall be made on the
basis of the percentage of work - completed.
Lump sum payments will be made only upon completion of all work and approval
the -OAA.
17 Designation: and °Employment of Contractor: To carry out the Work Progran
Attachment A, of this Agreement, the County may utilize the services of its in-
house staff or it may contract for the services to be performed therein with a
private business or public agency. Prior to the execution of a contract, or the
use of its in -house staff, the County shall provided t:he OAA:
A resume of the Contractor of the project.
A. copy of the proposed contract between the County and the
Contractor.
A work plan or schedule showing when the Deliverable
covered by the contract are to be completed, as well
for each Deliverable Item.'
Items
as the cost
The County shall then receive written notice as to whether (a) the standards
established by the OAA are satisfied, and (b) the contract meets the requirements
of this Agreement.
18., Availability-of Funds. It is understood and agreed between the Contract-
or and the Agency that the payment of compensation specified in this agreement,
its continuation or any renewal or extension thereof, is dependent upon and sub
ject to- the- allocationand appropriation of funds to the Ageney for the purposes
set forth in this agreement.
AGREEMENT BUIES
CREEK -COATS AND
SEABOARD RAILROAD ;
IN WITNESS' WHEREOF, the. DOA and the County have executed this Agreement
as of the first date written.
HARNETT COUNTY BOARD OF COMMISSIONERS'`
s/ Jesse Alphin
Chairman to the Board,
DEPARTMENT OF ADMINISTRATION
s/ Jane Smith Patterson
Secretary of Administration
Commissioner Brock made a motion that the Board adopt the following resolution
between Seabord System Railroad, Inc., and Buies Creek -Coats Water and Sewer
District;; Commissioner Collins seconded the motion and it carried with a
unanimous:, vote:...
Be it resolved by the Board of Commissioners of the County of Harnett,
North Carolina, in regular meeting assembled that the Chairman of the Harnett
County Board of Commissioners, the Governing Board of Buies Creek -Coats Water
Sewer District, be, and he hereby is, authorized to enter into an agreement
with the SEABOARD SYSTEM RAILROAD, INC., and to sign same on behalf of said
County /District whereby said Railroad Company grants unto said County /District
the right or license to install and maintain, for the - purpose of conducting
SEWAGE, five (5) lines of pipe on and /or across vacated track rights of way of
Railroad Company, at or near Coats, North Carolina; as more particularly described
in said agreement, which agreement is dated May 6, 1983, a copy of which is filed
with this County /District and recorded below:
THIS' AGREEMENT, made this 6th day of May, 1983, be and between the SEABOARD
SYSTEM RAILROAD, 'INC.,.a Virginia corporation, hereinafter referred to as Licensor
and the BUIES CREEK- COATS WATER AND. SEWER' DISTRICT, acting by and through
its Governing Board of said District, the Board of County Commissioners of Harnett
County, North Carolina, hereinafter styled licensee,.- -
WITNESSETH: That Licensor, for and in consideration of the sum of One
Dollar to it in.hand paid by Licensee, the receipt of which is hereby acknowledged
and of the covenants and agreements hereinafter made and contained on the part
of the Licensee to be kept and performed, hereby grants unto Licensee the right or
license to install and maintain for the purpose of conducting SEWAGE, lines of 6-
inch and 8 -inch pipe on and across Licensor's vacated track right of way at or
near COATS, NORTH CAROLINA, on the alignment and at the locations described as
follows:.
(1) Near STEWART STREET, at its intersection with State Road No
55, a line of 8 -inch PVC pipe, unencased, across and under vacated track
right of way at a point 686 feet southwardly measured along the center line_
of Licensor's main track, as located, or as formerly located on said right
of way, from Milepost D -48; as shown in green on print of Licensee's Plan
Profile Darwing, undated, attached hereto and made .a part hereof; as also
described in Form 115, Licensee's Specifications for said line of Pipe attach-
X15
ed hereto and made a part hereof; and
(2) At STEWART STREET and RAILROAD STREET, a line of 8 -inch PVC
pipe, unencased, BEGINNING on the easterly boundary line of Licensor's vacated
track right of way at a point 2,361 feet southwardly measured along the center
line of Licensor's main track, as located, or as formerly located on said
right of way, from Milepost D -48 and 50 feet eastwardly measured at right
angles from said center line; RUNNING THENCE westwardly to a MANHOLE located
at a point 20 feet eastwardly measured at right angles from said center line;
thence southeastwardly along said right of way a distance of 200 feet to a
point ending on said boundary line of said easterly right of way; TOGETHER
WITH the right or license to install and maintain said manhole in said line of
pipe; as shown in green on print of Licensee's Drawing, undated, attached
hereto and made a part hereof; as also described in Form 115, Licensee's Specifi-
cations for said line of pipe attached hereto and made a part hereof; and
(3) At LEMON STREET and RAILROAD STREET, a line of 6 -inch PVC pipe,
unencased, BEGINNING on the westerly side of Licensor's vacated track right of
way at a point 3,810 feet southwardly measured along the center line of
Licensor's main track, as located, or as formerly located on said right of
way, from Milepost D -48 and 50 feet westwardly measured at right angles from
said center line; RUNNING THENCE across and under said right of way to a MANHOLE
located at a point 45 feet eastwardly measured radially from said center line;
thence southwardly, being more or less parallel with said center line, a distanc4
of approximately 214 feet to a point ending on a easterly boundary line of
Licensor's right of way; TOGETHER WITH the right or license to install and
maintain said manhole in said line of pipe at said locations; as shown in green
on print of Licensee's Drawing, undated, attached hereto and made a part hereof;
as also described in Form 115, Licensee's Specifications for said line of pipe
attached hereto and made a part hereof; and
(4) At ERWIN STREET (between RAILROAD STREET and MCKINLEY STREET), a
line of 8 -inch PVC pipe, unencased, across and under vacated track right of
way at a point 1,056 feet southwardly measured along the center line of
Licensor's main track, as located, or as formerly located on said right of way,
from Milepost D -49; TOGETHER WITH the right or license to install and maintain
a manhole in said pipe at said location; as shown in green on print of Licensee'
Drawing, undated, attached hereto and made a part hereof; as also described in
Form 115, Licensee's Specifications for said line of pipe attached hereto
and made a part hereof; and
(5) Near STATE ROAD NO. 55 and CRAWFORD STREET, a line of 8 -inch PVC
pipe, unencased, across and under vacated track right of way at a point 1,616
feet southwardly measured along the center line of Licensor's main track, as
located, or as formerly located on said right of way, from Milepost D -49;
TOGETHER WITH the right or license to install and maintain a manhole in said
line of pipe on Licensor's easterly right of way; as shown in green on print of
Licensee's Drawing, undated, attached hereto and made a part hereof; as also
described in Form 115, Licensee's Specifications for said line of pipe attached
hereto and made a part hereof; and
Licensor's rights of way being as indicated on said prints.
Said lines of pipe referred to in the preceding hereinafter sometimes for
convenience collectively referred to as "pipe ".
And Licensee hereby covenants and agrees in consideration thereof:
1. Licensee shall install and maintain said pipe at its expense in a manner satis-
factory to the Division Engineer of Licensor and so as not to interfere with pipe or
other structures now in place. In the event the said pipe shall require repair or renewal,
Licensee shall make such repair or renewal at tis expense; and upon the failure of
Licensee so to do, the said Division Engineer of Licensor shall give written notice to
Licensee, and upon the failure of Licensee to make repair or renewal within thirty days
after such notice, Licensor may make all necessary repair or renewal at the cost of
Licensee, which cost Licensee hereby agrees to pay on demand.
2. Licensee shall install and maintain, above ground and in a manner and at such
locations as may be designated by said Engineer of Licensor, markers to plainly indicate
the location, depth at which installed and ownership of said pipe. Licensee will, at its
expense, at any time, upon thirty days' written notice given by Licensor, change and
alter the location of said pipe to conform to any changes or improvements that may be made
by Licensor in its tracks which may be constructed in the future or roadway at said loca-
tion, or to permit the utilization of Licensor's right of way, or other lands, for the
construction of additional tracks, buildings or other structures.
3(a). Licensor shall not be responsible in any manner for loss of or damage to
said pipe and the contents thereof from any cause whatsoever; and Licensee shall and
does hereby assume, and agrees to indemnify and hold harmless the Licensor, its succes-
sors and assigns, from and against all loss, costs, expenses, including attorneys' fees,
claims, suits and judgments whatsoever in connection with injury to or death of any
person or persons or loss of or damage to property caused by or in any way connected with
31
the iftstallation, maintenance, use o'.
said premises, howsoever caused.
(b). Any provision herein to the' contrary notwithstanding, Licensee agrees
to-indemnify and hold harmless Licensor from all claims, costs and expenses
(including attorneys' fees) as a consequence of any incident resulting in the
pollution of air, water, land and /or ground water - arising from or in connection
with the grant of this indenture or any supplements thereto regardless of the
location 'or proximity of such polution to the demised premises; and for any claim
or liability arising under federal or state law dealing with the pollution of
air, water, land and /or ground water.
presence of said pipe and appurtenances on
(c).: All obligations of the Licensee under this agreement to release,
indemnify and hold harmless the Licensor shall also extend to officers, agents and
employees of the. Licensor, and to companies and other legal entities that control,
are controlled by are subsidiaries of or are affiliated with, the Licensor, their
respective officers, agents and employees.
4. Licensee will pay to Licensor, on
amount of all costs and expenses wlnch may
any future track or tracks and maintaining
by other. means during any repair, renewal,
bills rendered by Licensor, the full
be incurred by Licensor in protecting
traffic thereover by driving piling or
relocation or removal of said pipe.
'It is expressly understood and agreed that Licensee shall be prohibited,
incident to the installation and /or maintenance of said pipe. on-Licensor's
property, from using explosives of any type without the express written consent
of Licensor; in the event such consent is extended, a representative will be
assigned by Licensor to protect Licensor's interests and Licensee, in addition to
all other costs -to be borne by Licensee as herein set forth, shall reimburse
Licensor for the entire cost and expense of furnishing said representative.
6. The portion of said pipe under the roadbed of said former main track shall
be placed by and at the expense of Licensee at a minimum depth of 4 feet below the,
top of said roadbed- measurements being to the top of said pipe.
7. Licensee shall' install and maintain each manhole with its top flush with
the surface of the ground and covered at all times so that said manholes and
their respective tops shall not constitute a hazard to the safety of Licenser's
employees or others and shall not create or cause an unsafe place for Licensor's <
employees to work.
8. ;`In consideration for the right or license hereby granted, Licensee hereby -
agrees that the Licensor shall not at any time or in any manner be assessed with
the cost or any part of the cost of the installation and. maintenance of said pipe
and appurtenances thereto on Licensor's property.
9. Licensee agrees to pay to Licensor, in addition to all other considera-
tions mentioned herein, the sum of ONE HUNDRED AND 00/100 DOLLARS ($100.00) to
partially reimburse said Licensor for the costs of survey and other handling
necessary to the making of this agreement.
10. In the event Licensor constructs a track or tracks across said line of
pipe described herein, Licensee shall, at Licensee's - expense, provide and
maintain the necessary protection to said line of pipe as is deemed necessary by
said Division Engineer,' including but not limited to encasing and /or lowering
-such portion or portions of said line of pipe crossed by said track or tracks.
11. ;It is expressly understood and agreed that this agreement shall remain
in force and effect so long as the covenants and agreements set forth herein are
kept and performed by the Licensee, and if the Licensee fails to keep and perform
any of such covenants, terms or conditions, then the Licensor reserves the right
to terminate this agreement upon thirty (30) days' notice to the Licensee. On
termination of this agreement, Licensee will, at Licensee's expense, remove said
pipe and restore, under supervision of the Licensor, the premises to their original
condition, if required by the Licensor."
It is understood and agreed that this agreement shall not be binding until it
has been authorized or ratified by a proper ordinance or resolution of the Board,
of County Commisisoners of the County of Harnett, North Carolina, a certified copy
of which ordinance or resolution is attached hereto and made a part hereof.
IN WITNESS WHEREOF the parties hereto have executed this agreement in tripli
cate the day and: year first above written.
APPOINTMENTS /REAP-
POINTMENTS TO
REGION "M" ADV.
COMM. FOR AGING
BUDGET AMEND.
S0. SERV.
AGREEMENT BETWEEN
COUNTY $ CPF,L
RE: POWER LINES AT
AIRPORT
Commissioner Collins made a motion that the following appointments or reappointments
be made to the Region "M" Advisory Committee for Aging Program; Commissioner Shaw
seconded the motion and it carried:
1. Mrs. Mabel Taylor - Reappointed for one year term (Consumer, Minority)
Rt. 2, Box 25
Lillington, NC 27546
2. Miss Frnaces Maness - Reappointed for one Year term (Volunteer)
Buies Creek, NC 27506
3. Mrs. Beatrice Williams - Reappointed for one year (Consumer, Minority)
Rt. 1, Box 534
Erwin, NC 28339
4. Mr. Reid Ross - Reappointed for one year (Volunteer)
Lillington, NC 27546
S. Mr. Wilbur Chalk - Initial Appointment for one Year (Volunteer)
Rt. One
Lillington, NC 27546
6. J. D. Norris - (Elected Official, also Volunteer) - Initial One Year Appointment
P. 0. Box 976
Coats, NC 27531
Helen Crews, Director of Social Services, presented for the Board's consideration
an amendment to her budget. Mrs. Crews explained Senate Bill 23 allocated
additional funds to be used to aid county departments of social services. These
funds shall be used by county departments of social services to employ additional
eligibility specialist so that the average amount of time necessary to process
applications will be reduced. These funds shall be matched dollar by dollar by the
counties. Mrs. Crews explained that no additional county dollars will be needed to
be appropriated by the Board because after the 83 -84 budget was adopted, the
Federal match for Title XX In -Home Services was increased thus reducing the county
match from 25% to 121/2%. Mrs. Crews continued to state that Harnett County's
portion of this State appropriation is $8,684, the county will provide the same
amount, and the Federal match will be $17,368 for a sum total of $34,736. Mrs.
Crews informed the Board that this money will be used to establish three temporary
eligibility specialist I positions for nine months each. Commissioner Shaw made a
motion that the following budget amendment be approved and that Mrs. Crews give a
report in two months to see if this additional workforce helped reduce the average
amount of time necessary to process applications: Commissioner Brock seconded the
motion with the stipulation that in the orientation with these three new employees
they are to be told that these positions are temporary and there are no plans to
pick them up permanently. The motion carried with a unanimous vote.
Code 610 -002, Salaries, increased by $31,888
Code 610 -005, FICA, increased by $2,327
Code 610 -009, Other Fringe Benefits, increased by $521
Clenton Smith, Director of Planning, presented to the Board for consideration an
agreement between Harnett County and CPL concerning the relocation of the power
line at the airport. Following a discussion of this agreement and comments by the
County Attorney, Commissioner Brock made a motion that the following agreement with
CP$L be approved; Commissioner Shaw seconded the motion and it carried:
AGREEMENT BETWEEN
HARNETT COUNTY
AND
CAROLINA POWER $ LIGHT COMPANY
THIS AGREEMENT, made and entered into this 19th day of September, 1983, by
and between HARNETT COUNTY, a body politic and corporate, hereinafter referred to as
"County" and Carolina Power & Light Company, hereinafter referred to as "Company ".
W I T N E S S E T H
WHEREAS, County proposes to cause to be relocated Company's existing Cape Fear -
Erwin 115 kV transmission line from approximately 1,200 feet from the threshold of
Runway 22 of its Harnett County Airport, to approximately 3,600 feet from said
threshold in order to accomodate the enlargement and further extensions in order
to comply with existing FAA Directives of said Runway; and
WHEREAS, County is willing to adjust the location of its Cape Fear -Erwin
115 kV transmission line at the request of and for the benefit of the County under
the following terms and conditions.
NOW, THEREFORE, in consideration of the faithful performance by each party of
the mutual convenants and greeemnets hereinafter set forth, it is mutually agreed
by the parties hereto as follows.
ARTICLE
COMPANY-
- 1. Company shall, by purchase or, if necessary, exercise of its power of eminent domain, acquire
all easements, rights -of -way and other interest in real property required for the necessary relocation,
rearrangements, and modifications of its facilities as provided by this Agreement. -Prior to surveying
the relocated line route, Company shall submit its proposed relocation to County for their review for
compliance with future airport expansion plans and obtain its written concurrence; Prior to purchasing
such easement, sights -of way and other interests in real property, Company shall advise County of the
particulars, including cost, of the proposed acquisition and obtain its written concurrence therein.
2. Company shall provide the County a complete general description of the necessary removal,
relocation, rearrangement, and modification of its transmission line facilities, providing therewith its
best estimate of the cost of said facilities changes. Said cost of facilities changes shall be approx-
imately itemized and shall include the expense of field survey, engineering, equipment acquisition,
facilities-construction/installation, construction /installation supervision, rights -of -way appraisal
and acquisition, legal services, contract administration, and all other items which are necessary and
incidential to the facilities changes to be made.
3. Company shall make such engineering' surveys and prepare such rights -of -way and construction/
installation drawings, plans, work schedules,; and specifications as are required to properly and com '
pletely "carry out the necessary rights -of -way acquisition and removal, relocation; rearrangement and
modification of its facilities as provided by this. Agreement. Company shall furnish all necessary
personnel, labor, equipment,`and material required for the performance of said work.- Final location
plans and profile drawings shall be submitted to County for its review for compliance with all air
space safety regulations and requirements prior to commencement of the necessary facilities changes.
- County at no charge to Company -shall furnish Company such maps, plans, drawings, specifications, and
other documents' and information as it has available which are pertinent to the work to be performed,
4. (a) - Company's cost for field surveys, right -of -way appraisals, Legal services, and right-of-
way acquisition`' is estimated to be $211,000.00. Company will notify County in writing in the event
this estimated cost may be exceeded and will provide fully documented justifications for such excess,
and County will approve or disapprove said additional cost in writing.
(b) Company's cost for contract administration, engineering design, construction /installation
supervision, removals, adjustments, and rearrangements is estimated to be $218,000.00. After all
necessary-rights-of-way are - acquired, Company will re- estimate the relocation cost and will so notify
County in writing. ` County will approve said cost or reject said cost in writing. If said cost is
rejected, the Agreement is terminated as to any and all relocation work, but not as. -to, those cost incu
red by Company under Paragraphs 4(a) above.
5. Company shall furnish County a schedule:of the projected month -by- month expenditures for
(a) rights -of -way acquisition, (b) equipment /material acquisition and facilities construction/installa-
tion, and (c) surveying, engineering design, supervision, appraisal, legal, contract administration
and related items for which it ' expects to be reimbursed by the County within ninety (90) days following
the execution of this Agreement and thereafter shall update said schedule of expenditures not less fre-
quently than quarterly - throughout the term of this Agreement.
6. Company shall procure all necessary permits and licenses and obey and abide by all applicable
laws, ordinances, regulations of the State of North Carolina and any political subdivision thereof, the
Federal governrnent, and any other duly constituted public authority within or under whose jurisdiction
work is performed.
7 Company reserves the right to construct the relocated line for future 230 kV operations. In
the event Company exercises this option, County shall reimburse Company as follows in lieu of 100% of
the actual 115 kV relocation cost incurred.
(a) Actual 100% of costs associated with the location survey.
(b) Actual 100% of the costs associated with the acquiring of rights -of -way including tie
plats, right -of -way labor, legal fees,' and right -of -way clearing.
(c)
39% of the actual 230 kV costs remaining after items (a) and (b) above
ARTICLE II
OBLIGATIONS OF COUNTY
have been deductec
1.. County shall be responsible for all costs previously approved by County and.acutally incurred
by Compnay in performing its obligations under this Agreements. County shall reimburse Company to the
extent o£ one hundred percent (100 %) of the cost of field surveys, engineering design, preparation of
construction /installation plans and specifications, property appraisals, preparation of rights -of -way
`acquisition plans, rights -of -way acquisitions, right -of -way clearing, equipment acquisition, facilities
construction /installation, supervision, legal services, contract administration, -and related items
necessary and incidential to the work to be performed by Company under this Agreement. All costs
reimbursed by County shall be actual costs, as invoiced and substantiated to County by Company and as
covered in Paragraphs 4(a) and 4(b).
2. Company shall invoice the County not more frequently. than quarterly for all costs incurred
in performing its obligations -under this Agreement. a County shall make full payment of each invoice to
Company within' sixty (60) days, of receipt of the invoice accompanied, by documentation substantiating
FAA, RELOCATION
OF POWER LINE
GRANT AGREEMENT
the cost for which reimbursement is claimed thereon. Invoices submitted to the
County by Company shall be broken down by work elements as follows:
(1) Right of way acquisition.
(2) Equipment acquisition and facilities construction /installation/ adjustment
removal
(3) Engineering, inspection, appraisal, supervision, legal, administration,
and related items
Final invoice shall be marked as such, and County shall make full payment to
Company therefor within sixty (60) days of receipt of such invoice accompanied by
documentation substantiating the costs for which reimbursement is claimed thereon.
3. County will appoint and authorize an agent to administrate the day -to -day
details of said agreement, including the requirements in Article I, Paragraphs 1
and 3.
ARTICLE III
TERM
The term of this Agreement shall extend from the day and year first above
written through the date of final payment to Company by County of the expense
incurred by Company in performing its obligations under this Agreement, which final
payment shall be made upon full and satisfactory completion by Company of all work
required hereunder. All work required hereunder to be performed by Company shall
be completed not later than December 31, 1985, unless such terms of completion shall
be extended in writing by County upon request of Company.
ARTICLE IV
INSPECTION
County shall have the right to inspect any or all of the work to be performed
by Company under this Agreement at any time during the term hereof to determine
compliance with the rules and regulations of the FAA, and the requirements of this
Agreement. Further, County shall have the right to make a final inspection of the
work performed by Company within thirty (30) days following completion of the work.
Any unsatisfactory conditions or deviations from the approved construction /instal-
lation plans and specifications, not prior approved in writing by County, noted
during any such inspection shall immediately be corrected by Company at its sole
cost and expense.
ARTICLE V
INDEMNIFICATION
Company shall indemnify and hold harmless County from all loss, damage, liabi-
lity or expense, including attorney's fees, resulting from any injury to any person
or any loss of or damage to any property caused by or resulting from any act, omis-
sion or negligence of Company or any officers, employee, agent, or contractors of
Company in connection with the performance of this Agreement, but the foregoing
provision shall not be construed to make Company responsible for loss, damage,
liability or expense including attorney's fees resulting from any injuries to any
person or any losss of or damage to any property third parties caused by any act,
omission, or negligence of the County or of any commissioners, employees, agents
or contractors of County.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, as of the
day and year first above written.
Clenton Smith, Director of Planning, appeared before the Board and explained
that the Commissioners adopted a resolution at its meeting of August 15 to
submit an application to FAA in the amount of $117,681 for the expansion of the
apron at the airport and also adopted a resolution at its meeting of September 6,
1983, to submit an application to FAA in the amount of $479,000 for the relocation
of the power line at the airport. Mr. Smith informed the Board that the
County has received a grant offer from FAA in the amount of $519,919. This is for
the aforementioned projects which FAA combined into one grant. The federal
government willprovidea match of 90 %, State -5 %, and County -5 %. Mr. Brock informed
the Board that the County has appropriated its 5% in the 1983 -84 budget. Commis-
sioner Collins made a motion that the Board adopt the following grant agreement,
Project No. 3 -13- 0088 -01 between Harnett County and FAA for the apron expansion
project and the relocation of the powerline project; Commissioner Shaw seconded
the motion and it passed with a unanimous vote:
DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, GRANT AGREEMENT
Part I - Offer; Date of Offer -- September 7, 1983; Project No. 3 -13- 0088 -01;
Contract No. DTFA06 -83 -A -80098
TO: Harnett County (herein called the "Sponsor ")
FROM: The United States of America (acting through the Federal Aviation
Administration, herein called the "FAA")
WHEREAS, the Sponsor has .submitted-to the FAA Project Applications dated August 17,
and August 25, 1983, for a grant of Federal funds for a project at the Harnett County
Airport /Planning Area together with plans and specifications for such- development
project, or -the planning work definition for-such-Planning Project, which Project
Application, as approved by the FAA, is hereby incorporated herein and make apart
hereof; and
WHEREAS; the FAA has approved a project for the Airport or Planning Area (herein
called the "Project ") consisting of the following:
Expand apron (300' +-x. 200'); construct and light (MITL) stub taxiway
(312' x 40'),, relocate powerline.
all as more particularly described' in the Project Application.
NOW'THEREFORE,pursuant to and for the purpose of carrying out the'-provisions of the
Airport and Airway Improvement Act of 1982, herein called the "Act," and in
consideration of (a) the Sponsor's adoption and ratification of the representations
and assurances contained in said Project Application and its acceptance of this Offer
as hereinafter provided, and (b) the benefits to accrue to the United States and the
public from the accomplishment of the Project and compliance with the assurances and
conditions as herein provided, -THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BE-
HALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay; as the United States
share of the allowable costs incurred in accomplishing the Project, ninety, percent
(90%)..-from funds appropriated under the Act.
This offer 'is made on and subject to the following terms and conditions:
Standard Conditions
1. The maximum obligation of the United States payable under this offer shall
be $519,919 which is comprised of
$-
$ 519,919
for planning
for development other than land
for land acquisition
The allowable costs of the project shall not include any cost s determined'
by, the FAA to be ineligible for consideration as to allowability under
the Act.
Payment of the United States -share of the allowable project costs will be
made pursuant to and in accordance with provisions of such regulations
and procedures as the Secretary shall prescribe. Final determination of th
"United States share will be based upon the final audit of the total amount
of- allowable project costs and- settlement will be made for any upward or
downward adjustments to the Federal share of costs.
The Sponsor shall comply with the Airport and Airway Improvement Act of
1982 and shall carry out and complete the Project without undue delays
and in accordance with the-terms-hereof, and such regulations and procedures
as the- Secretary shall prescribe and agrees to fully comply with the Part V
Assurances which are attached to. and become a part of this offer.
The FAA reserves the right to amend or withdraw this offer at any time
prior to its acceptance by the Sponsor.
This offer shall expire and the United States shall not be obligated to pay
any part of the costs of the project unless -this offer has been accepted by
the Sponsor on or before September 30; 1983, or such subsequent date as may
be prescribed in writing-by the FAA:
Special Conditions
7. The Federal Government does not now plan or contemplate the construction
of any structures pursuant to Paragraph 15 of Part V, Assurances, of the
applications dated August 17 and August 25, 1983, and; therefore, it is
understood and agreed that the sponsor is under no obligation to furnish s
any-new areas or new rights without cost to the Federal Government under
this grant agreement. However, it is agreed and understood that the
rights of the United States to ,cost free areas obtained under unexpired
grant agreements with the sponsor are extended for 20 years from the date
of this grant agreement. Furthermore, the- responsibility for paying the
cost of relocating any facilities located in such cost free areas shall
be_ made in accordance with Advisory Circular 150 /5300 -7B, FAA Policy of
Facility ,Relocations Occasioned by Airprot Improvements or Changes.
SUBDIVISION PLAT
MARGARET H.
McCORMICK
SUBDIVISION PLAT
WAYNE SPIVEY
FRANK UPCHURCH
APPOINTED TO
IND. TR. CRT. ADV.
BD
ADJOURNMENT
321
8. Approval of the project is conditioned on the sponsor's compliance with
the applicable air and water quality standards in accomplishing project
construction and in operating the airport. Failure to comply with this
requirement may result in suspension, concellation, or termination of
federal assistance under this agreement.
9. It is understood and agreed that if, during the life of the project, FAA
determines that the grant amount exceeds the expected needs of the sponsor
by $5,000 or 5% of the grant amount, whichever is greater, the grant amount
can be reduced by letter from FAA to the sponsor advising of the budget
change. Upon issuance of the letter, the maximum obligation of the United
States under the grant is reduced to the specified amount.
10. The sponsor agrees to update the
to FAA for approval on or before
11. It is understood and agreed that
ceed for relocaiton of the power
and concurred in by the FAA.
existing airport layout plan and submit it
January 1, 1984.
the sponsor will not issue notice to pro -
line until a plan and profile is submitted
The Sponsor's acceptance of this Offer and ratification and adoption of the Project
Application incorporated herein shall be evidenced by execution of this instrument
by the Sponsor, as hereinafter provided, and said Offer and Acceptance shall com-
prise a Grant Agreement, as provided by the Airport and Airway Improvement Act of
1982, constituting the obligations and rights of the United States and the Sponsor
with respect to the accomplishment of the Project and compliance with the assurances
and conditions as provided herein. Such Grant Agreement shall become effective upon
the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
By s/ Harold E. Little
Manager, Airports District Office
Part II - Acceptance
The Sponsor does hereby ratify and adopt all statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated
materials referred to in the foregoing Offer and does hereby accept said Offer and by
such acceptance agrees to all of the terms and conditions thereof.
Executed this 19th day of September, 1983.
HARNETT COUNTY
By s/ Jesse Alphin
Chairman, Harnett County Bd. of Comm.
Clenton Smith presented for consideration a single lot subdivision plat, Margaret H.
McCormick, Barbecue Township, located off SR 1229. Commissioner Collins made a
motion that the foregoing plat be approved; Commissioner Shaw seconded the motion
and it carried.
Mr. Smith presented another single lot subdivision for the Board's consideration,
Wayne Spivey Subdivision, Barbecue Township, located off SR 1224. Commissioner
Collins made a motion that the aforementioned subdivision plat be approved;
Commissioner Shaw seconded the motion and it carried.
Commissioner Collins made a motion that Frank Upchurch be appointed to the Industrial
Training Center Advisory Board to fill the vacancy created by the expired term of
Fred McCall; Commissioner Shaw seconded the motion and it carried.
There being no further business, the Harnett County Board of Commissioners meeting
of September 19, 1983, duly adjourned at 9:00 p.m.
/Jai j 1.30429
Secretary/