06061988HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, JUNE 6, 1988
ALL TO ORDER
MINUTES APPROVED
INVOCATION
EMPLOYEE SERVICE
PINS AWARDED
DOT
CABLEVISION
VOTING DELEGATE
FOR NCACC CONF.
RESOL. RE:
FEE CHARGES FOR
HOME STUDIES
PHOTO OF COUNTY
SEAL PRESENTATION
DONNA HAIRR, R.N.
APPOINT. TO EMS
COUNCIL
The Harnett County Board of Commissioners met in regular session on Monday,
June 6, 1988, at the County Office Building, Lillington, North Carolina, with
the following members present: Bill Shaw, Mack Reid Hudson, Mayo Smith, and
Chairman Lloyd G. Stewart presiding. Commissioner Rudy Collins was absent.
Others present were: Dallas H. Pope, County Manager; Glenn Johnson, County
Attorney; Vanessa W. Young, Clerk to the Board, and Kay S. Blanchard,
Recording Secretary.
Chairman Stewart called the meeting to order at 9:15 a.m.
The minutes of the regular meeting of May 16, 1988, and the minutes of the
special meeting of June 1, 1988, were approved.
Commissioner Smith offered the invocation.
Chairman Stewart presented employee service pins to the following county
employees:
20 Years
James Turnage
Jackie Pate
Harold Lloyd
Joyce Pullium
Annie L. Gainey
Sandra Dickens
Jane Smith
25 Years
James Goff
Virginia Simmons
Harvey Godfrey
Joyce Pullium
Mary Avery
Margaret Randall
Pauline Sanford
30 Years
Janet Johnson
35 Years
Jean M. Irvin
40 Years
Ophelia McLean
Sheriff's Department
Tax Department
Agriculture Extension
Social Services
Social Services
Social Services
Social Services
Agriculture Extension
Agriculture Extension
Social Services
Social Services
Social Services
Library
Social Services
Library
Veteran's Service
Agriculture Extension
Ray Stone, Highway Maintenance Engineer, North Carolina Department of
Transportation, appeared before the Board to discuss road matters and
situations in Harnett County.
Terry Brown, General Manager, Southern Cablevision, reported on the progress
of the construction of cablevision in the county.
Commissioner Hudson made a motion to designate Commissioner Mayo Smith as
voting delegate for Harnett County at the North Carolina Association of County
Commissioners Annual Conference in Greensboro on August 14 -17, 1988. Commis-
sioner Shaw seconded the motion and it passed with a unanimous vote.
Glenn Johnson, County Attorney, presented a resolution approving the implemen-
tation of fees to be charged for home studies in private custody actions by
the Department of Social Services. Commissioner Smith made a motion to adopt
the resolution. Commissioner Hudson seconded the motion and it passed with a
unanimous vote. The resolution is copied in full at the end of these minutes
dated June 6, 1988, as document No. 1.
Mr. Frank Lewis, Mayor of Lillington, presented to the Board a framed photo-
graph of the presentation of the county seal with history of the county seal
attached.
Commissioner Smith made a motion to appoint Donna Hairr, R.N. to Region "M"
Emergency Medical Services Council. Commissioner Hudson seconded the motion
and it passed with a unanimous vote. Ms. Hairr will replace Mr. Phil
Lakernick as representative from the sponsor hospital who resigned from the
council due to accepting a position that will require him to move from the
area.
CONTRACT WITH John M. Phelps, II, Public Utilities Attorney, presented a contract and
MATTHEWS OIL CO.
ACTION PROPERTIES
620
GREEMENT WITH
GSDALE RE:
BUNNLEVEL- RIVERSIDE
ROJECT
agreement concerning sanitary sewage collection facilities between County of
Harnett, and Matthews Oil Company, and Action Properties. Commissioner Hudson
made a motion for the County to enter into the contract and agreement.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
The contact and agreement is copied in full at the end of these minutes dated
June 6, 1988, as document No. 2.
Rodney Tart, Director, Public Utilities, presented for consideration an
agreement for engineering services with Ragsdale Consultants concerning the
Bunnlevel- Riverside Project. Commissioner Smith made a motion to approve the
agreement. Commissioner Shaw seconded the motion and it passed with a unani-
mous vote.
UDGET AMENDMENTS Dallas H. Pope, County Manager, requested a budget amendment for the Airport
for engineering services for attorney on airport condemnation case; Code
10- 6500 -075, Land Acquisition ADAP -01, increase of $5,000 and Code
10- 6500 -075, Powerline Relocation, decrease of $5,000. Commissioner Hudson
made a motion to approve the budget amendment. Commissioner Shaw seconded the
motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested a budget amendment for Emergency
Medical Services to replace broken stretcher; Code 10 -5400 -074, Capital
Outlay - Equipment, increase of $800. Commissioner Smith made a motion to
approve the budget amendment. Commissioner Hudson seconded the motion and it
passed with a unanimous vote.
Dallas H. Pope, County Manager, requested a budget amendment for Weatheri-
zation to close out Weatherization Project; Code 10- 7550 -103, Materials
Expense, increase of $375. Commissioner Shaw made a motion to approve the
budget amendment. Commissioner Hudson seconded the motion and it passed with
a unanimous vote.
Rodney Tart, Director, Public Utilities, requested the following budget
amendment to complete chemical needs and to purchase additional meters for the
remainder of the fiscal year:
Code 30- 8100 -013 Utilities $3,000.
Code 30- 8100 -034 Chemicals 3,000.
Code 30- 8100 -073 Capital Outlay -Other Imp. 1,000.
Code 30- 8100 -120 Capital Reserve 1,000.
decrease
increase
increase
decrease
Commissioner Smith made a motion to approve the budget amendment. Commis-
sioner Shaw seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested a budget amendment for Health
Department to fund anticipated needs for travel for the month of June; Code
10- 7600 -002, Salaries & Wages, decrease of $4,500; and Code 10- 7600 -014,
Travel & Meetings, increase of $4,500. Commissioner Smith made a motion to
approve the budget amendment. Commissioner Shaw seconded the motion and it
passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Home Health:
Code 10- 7610 -002
Code 10- 7610 -006
Code 10- 7610 -008
Code 10- 7610 -013
Code 10- 7610 -011
Code 10- 7610 -014
Code 10- 7610 -045
Code 10- 7610 -046
Salaries & Wages $10,600. decrease
Group Insurance Expense 2,000. decrease
Workmen's Compensation 1,000. decrease
Utilities 400. decrease
Telephone & Postage 500. increase
Travel & Meetings 3,500. increase
Contracted Services 2,000. increase
Medical Supplies 8,000. increase
Commissioner Smith made a motion to approve the budget amendment. Commis-
sioner Shaw seconded the motion and it passed with a unanimous vote.
Larry Knott, Operations Officer, Sheriff's Dept., requested a budget amendment
due to turn -over of personnel, increase of staff personnel for jail and cost
increase of uniforms; Code 10- 5100 -002, Salaries & Wages, decrease of $7,500,
and Code 10 -5100 -036, Uniforms, increase of $7,500. Commissioner Hudson made
a motion to approve the budget amendment. Commissioner Smith seconded the
motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested a budget amendment for Data Proces-
sing to cover balance of maintenance contract for F.Y. 1987 -88 in the amount
of $1,493.06 and invoices for lightning damage in the amount of $4,770. The
county will be reimbursed by the insurance company for the lightning damage.
Code 10- 4450 -016, Maintenance & Repair - Equipment, increase of $6,100.
Commissioner Shaw made a motion to approve the budget amendment. Commissioner
Smith seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested a budget amendment for Finance
Department; Code 10- 4400 -014, Travel & Meetings, increase of $575, and
Code 10- 4400 -054, Insurance & Bonds, increase of $26. Commissioner Hudson
made a motion to approve the budget amendment. Commissioner Smith seconded
the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested a budget amendment for Facilities
Fees to cover materials and supplies for Law Library; Code 10- 4900 -003,
Salaries & Wages -Part time, decrease of $2,860, and Code 10- 4900 -033,
Materials & Supplies, increase of $2,860. Commissioner Smith made a motion to
approve the budget amendment. Commissioner Shaw seconded the motion and it
passed with a unanimous vote.
SHER. DEPT. REPORT Major Larry Knott, Chief Deputy, Sheriff's Department, presented the Sheriff's
Department report for the month of May.
TAX DEPT. REPORT Bobby Wicker, tax Administrator, presented the Tax Department report for the
month of May and requested the following tax refunds:
TAX REFUNDS
ADJOURNMENT
DOCUMENT NO. 1
1. Richard E. Moss, Rt
2. Anna Maude Jackson,
3. Jean Lee Jones, Rt.
4. Rachel Lee Rose, Rt
. 1, Box 159, Bunnlevel, NC $117.73
110 Bashford Rd., Raleigh, NC 109.20
2, Box 15, Cameron, NC 23.79
. 3, Box 959, Dunn, NC .99
Commissioner Shaw made a motion to approve the tax refunds. Commissioner
Smith seconded the motion and it passed with a unanimous vote.
Reports for the month of May from the Health Department, Inspections,
Library, and Emergency Medical Services were filed with the Board.
The Tax Attorney's report for the month of May was filed with the Board and is
copied in full at the end of these minutes dated June 6, 1988, as document No.
3.
There being no further business, the Harnett County Board of Commissioners
meeting of June 6, 1988, duly adjourned at 10:45 a.m.
Sze %aA ti
Secretary
RESOLUTION APPROVING THE IMPLEMENTATION OF
FEES TO BE CHARGED FOR HOME
STUDIES IN PRIVATE CUSTODY ACTIONS
Clerk to the Board
WHEREAS, the Department of Social Services is often called upon to do home
studies in private custody actions, or child support actions, or
other legal actions which do not directly involve the Department;
and
WHEREAS, no funds are appropriated by the State Legislature or the County
Board of Commissioners to cover the cost of home studies in
private custody actions; and
WHEREAS, the costs in private custody actions should be borne by the
parties and not the citizens and residents of Harnett County at
large; and
WHEREAS, there is no statutory or case law requiring the Department of
Social Services to do home studies in private custody actions or
to provide funds for the initiation and completion of home
studies in private custody actions; and
WHEREAS, pursuant to G. S. 108A -10, the Board of Social Services may
render services to a person or agency in exchange for a fee to
cover the cost of rendering such services which are voluntarily
rendered and voluntarily received; and
WHEREAS, a motion in a private custody action by a party or a Consent
Order in a private custody action approved by the Count is a
voluntary request; and
WHEREAS, the Director of Social Services has recommended a plan for the
charging to non - indigent parties of a fee for making said home
studies and issuing reports thereof; that the fee shall be the
sum of $250.00 per household (example: if in an action, both
parents request home studies, a fee of $250.00 shall be charged
for each household - i.e.: the study of the father's home shall
be $250.00 and the study of the mother's home shall be $250.00)
together with an understanding that should the Department's
social worker (employee) be required to serve as a witness in a
hearing or trial, the Court will be requested to set an expert
witness fee as a part of the Court Cost, which fee shall be
deposited to the account of the Department; and
WHEREAS, the Harnett County Board of Social Services has heretofore
approved said plan and fee amount:
NOW, BE IT THEREFORE RESOLVED by the Harnett County Board of
County Commissioners as follows:
1. That the recommended Plan for the implementation of the
charging of fees by the Board of Social Services for home
studies at the rate of $250.00 per household as above set
forth be and the same is hereby approved.
522
2. That the Board of Social Services should request the
District Court Judges to publicize this policy and advise
attorneys who request home studies that their -non- indigent
clients in private custody actions will be required to pay
to the Harnett County Department of Social Services the
established fee of $250.00 in advance and that if the social
workers who make the home studies are required to testify,
the Court will be requested to tax an expert witness fee for
such service.
3. That the fees to be charged may be changed by action of the
Harnett County Board of Social Services. Notification
should be given to the Chief District Court Judge of any
changes.
BE IT FURTHER RESOLVED that all District Court Judges be
furnished a copy of this Resolution.
This the
47
day of June, 1988.
HARNETT COUNTY BOARD OF
COUNTY COMMISSIONERS
Bv:
DOCUMENT NO. 2.
NORTH CAROLINA
HARNETT COUNTY
Ll..yd tewart, Chairman
CONTRACT & AGREEMENT
This Contract and Agreement is made and entered into this the
6th day of June , 1988 by and between the COUNTY OF HARNETT,
a body politic organized and existing under the laws of the State of
North Carolina (hereinafter referred to as "County ") and MATTHEWS OIL.
COMPANY, INC., a North Carolina corporation with offices at
Lillington, Harnett County, North Carolina (hereinafter referred to as
"Matthews ") and ACTION PROPERTIES, a North Carolina General
Partnership with offices located at Sanford, Lee County, North
Carolina (hereinafter referred to as "Action "), (said Matthews and
Action to be hereinafter collectively referred to as "Developers ").
WITNESSETH:
WHEREAS, Developers are the owners of certain tracts of real
property located at or in close proximity to the intersections of U.S.
Highway 401, U.S. Highway 421, N.C. Highway 210 and N.C. Highway 27 in
Harnett County, North Carolina and are in the process of designing and
developing the said real estate for business use; and
WHEREAS, in order for the various properties of the Developers to
be suitable for the use described, it is necessary that adequate
sanitary sewage collection facilities be provided to said properties;
and
WHEREAS, Developers have agreed to cause such sanitary sewage
collection facilities as will be necessary to adequately serve the
subject properties to he constructed and installed and have requested
the County to participate in their endeavor by appropriating funds for
such construction and by allowing Developers to connect sewer
collection lines to the current County system; and
WHEREAS, Developers have further advised the County that
sufficient permanent improvements will be made to their respective
properties so as to enable .the County to recover its appropriations
herein agreed upon from the payment of ad valorem property taxes on
said properties; and
WHEREAS, County is interested in aiding and encouraging the
development of enterprises within the County which will increase the
population, taxable property and business prospects therein; and
WHEREAS, the County, through its Public Utilities Department, is
currently operating and providing sanitary sewage collection service
to a portion of the County; and
WHEREAS, pursuant to various provisions of the North Carolina
General Statutes, the County is authorized to make appropriations for
the purposes of aiding and encouraging local development and to
provide for or assist in the extension of utility services for
business developments; and
WHEREAS, the Board of Commissioners of Harnett County has
determined that an appropriation for the purpose of aiding in the
extension of sanitary sewage collection facilities to the property of
the Developers is necessary for the purpose of promoting local
development within the County; and
WHEREAS, Developers now desire to construct and install certain
sanitary sewage collection facilities and upon their completion,
convey the same, along with necessary easements, rights of way and
permits, to County for the purposes herein expressed; and
WHEREAS, County now desires to provide funding, as set forth
herein, to Developers for the purpose of promoting local business
development and after completion of the construction and installation
of the sanitary sewage collection system, to accept the conveyance of
the same to it and thereafter operate and maintain the sanitary sewage
collection system as part of its Public Utilities Department in order
to perform one of its governmental functions; and
WHEREAS, the parties hereto desire to set forth the terms and
conditions of their contract and agreement.
NOW, THEREFORE, in consideration of the mutual representations,
warranties, covenants and agreements contained herein, and for good
and valuable consideration the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:
I. Developers collectively agree as follows:
A. To cause to be installed and constructed at their cost
the necessary sanitary sewage collection system and facilities
(hereinafter referred to as "Sewer System ") to provide sanitary sewer
collection services to the properties of the Developers as described
herein and to cause the same to be connected to the existing system of
the County at the manhole located near the Harnett County Campus of
Central Carolina Technical College, upon the following terms and
conditions:.
1. Developers shall cause the sewer system to be
constructed in accordance with the specifications of the County as
provided through the County Department of Public Utilities, and
Developers shall permit representatives of County to inspect the
construction and installation of the said sewer system to verify the
same.
2. Developers shall cause plans and specifications
for the described sewer system to be completed in accordance with
standard engineering practices and procedures by a qualified
engineering firm acceptable to and approved by the County and
Developers shall provide copies of the plans and specifications, for
approval, to the County and •to its Department of Public Utilities.
24
3. Developers shall provide to County and its
Department of Public Utilities, prior to the commencement of the
construction and installation of said sewer system, shop drawings of
all materials to be used for construction.
4. Developers shall obtain and acquire continuous and
adequate easements and rights of way on private lands necessary to
erect, construct, install and lay, and thereafter use, operate,
inspect, repair, maintain, replace, remove, change the size of or
protect said sewer system.
5. Developers shall obtain and acquire permits,
franchises, and authorizations or other instruments by whatsoever name
designated, from public utilities and public bodies, commissions, or
agencies such as are necessary to erect, construct, install and lay,
and thereafter use, operate, inspect, repair, maintain, replace,
remove, change the size of or protect said sewer system upon, along or
across streets, roads, highways and public utilities.
6. Developers shall obtain approval for the
construction and completion of the sewer system from the necessary
federal, state and /or local governments and agencies,, prior to and /or
at the time of completion.
7. Developers shall cause the construction and
installation of the sewer system to be completed in accordance with
standard engineering and contracting practices and procedures, by a
qualified contractor acceptable to and approved by the County.
8. Developers shall provide County and the County
Department of Public Utilities three (3) entire sets of drawings of
the completed sewer system as constructed and as is conveyed to County
as hereafter provided.
B. That in the event that the construction and
installation of the sewer system is not completed as set forth herein,
then County shall notify Developers of such fact and in what ways the
construction does not meet the terms of this agreement, and it shall
be the duty of Developers to thereafter correct such items or things
as do not meet the terms hereof.
C. That upon completion of the construction of the said
sewer system, and inspection, approval and acceptance thereof by
County through its Department of Public Utilities, for and in
consideration of County's participation in the sewer system
construction project as hereinafter set forth, to convey by good and
sufficient deed and /or other document of conveyance to County the
entire sewer system, together with all easements, rights of way,
permits, franchises, authorizations or other instruments as described
in paragraphs I(A) (4) and I(A) (5) above needed to operate and maintain
the said sewer system.
II. Developers further collectively agree as follows:
A. Developers hereby warrant that the sewer system caused
to be constructed by Developers, and thereafter conveyed to the County
as described above, shall be constructed with good material and in a
workmanlike manner and shall be properly installed, based upon sound
engineering principles and good workmanship, and shall be capable of
collecting and disposing of sewage in the manner for which it was
designed.
B. If the said sewer system shall, within twelve (12)
months from the date of acceptance thereof by the County cease to
operate as warranted, then the County shall cause the system to be
corrected and the cost thereof, including material and labor, shall be
paid by Developers.
C. Developers shall and, insofar as they legally may,
hereby assume, and agree to indemnify and hold harmless the County,
their successors and assigns, from and against all loss, costs,
expenses, including attorneys' fees, claims, suits and judgments
whatsoever in connection with sickness, injury to or death of any
person or persons, or loss of or damage to property caused by or in
any way connected with the installation, use or presence of said sewer
system, howsoever caused, during said one year warranty period.
III. Matthews individually covenants as follows:
A. That it acknowledges that it is the owner of a 27.539
acre tract of real property located in Harnett County, North Carolina
at the intersection of U.S. Highway 401, U.S. Highway 421, N.C.
Highway 210 and N.C. Highway 27.
B. That it will endeavor to cause to be constructed and
built upon its 27.539 acre tract by January 1, 1989 sufficient
permanent improvements of such value as would equal an appraised ad
valorem property tax valuation (as made by the office of the Harnett
County Tax Supervisor and /or Administrator) of at least $500,000.00,
and that said property will be listed upon the tax records of the
Harnett County Tax Supervisor and /or Administrator within the period
required by law for such listing to be made.
IV. Action individually covenants as follows:
A. That it acknowledges that it is the owner of a 15 acre
tract of real property located in Barnett County, North Carolina at
the intersection of U.S. Highway 401, U.S. Highway 421, N.C. Highway
210 and N.C. Highway 27.
B. That it will endeavor to cause to be constructed and
built upon its 15 acre tract by January 1, 1989 sufficient permanent
improvements of such value as would equal an appraised ad valorem
property tax valuation (as made by the office of the Harnett County
Tax Supervisor and /or Administrator) of at least $750,000.00, and that
said property will be listed upon the tax records of the Harnett
County Tax Supervisor and /or Administrator within the period required
by law for such listing to be made.
V. County agrees as follows:
A. To allow the connection of the sewer system to the
existing County system at the manhole located near the Harnett County
campus of Central Carolina Technical College.
B. To cause to be appropriated from its funds the amount
of Twenty -Six Thousand Dollars ($26,000.00) which shall be paid to the
Developers at the time of the conveyance of the sewer system to the
County as described above, said funds being so provided by County for
the purpose of business development, and in consideration of the
conveyance of said sewer system to County.
C. That upon conveyance of the sewer system and
appurtenant easements and rights of way as described in paragraphs
I(A) (4) and I(A) (5) above, as owners of the completed sewer system, to
operate and maintain said sewer system as part of the County's sewer
system as operated by the County Department of Public Utilities
pursuant to the rules and regulat.ir•." of the County.
626
D. To provide, subject to paragraph VI(H), sewer
collection services to the Developers, and their successors and
assigns, and to other individuals or businesses that enter into sewer
user agreements with the County or the County Department of Public
Utilities, upon the terms and conditions of the applicable rules and
regulations thereof.
VI. It is mutually understood and agreed by Developers and
County that:
A. It is contemplated by the parties that by reason of the
construction of the permanent improvements on the real property of
Developers as set forth above, sufficient ad valorem property taxes
will be levied thereon and collected by County from the Developers so
as for the County to recover its entire appropriation herein agreed
upon prior to or on the date ad valorem property taxes will be due and
payable for the year 1993. However, in the event.such recovery of the
appropriation is not made by County by such date, then within thirty
(30) days after such date, Developers, jointly and severally, hereby
agree and promise to pay to County a sum equal to the difference
between the amount of ad valorem property taxes paid on the properties
of the Developers (as set forth above) between January 1,. 1989 and
such date and the amount of the appropriation herein agreed upon by
County.
B. Subject to the provision of paragraph VI(E), upon and
after conveyance of the sewer system to County, County shall be
entitled to collect and retain all revenues from the furnishing of
sewer collection services to all users, including the Developers,
served through the said sewer system.
C. Upon and after the conveyance of the said sewer system,
subject to paragraph VI(H), County may allow other users to connect to
the system constructed pursuant to this contract and agreement.
D. At the time of the conveyance of the completed sewer
system to County, Developers agree to provide County with a formal
statement indicating the following information:
1. Total cost of the completed sewer system.
2. Total amount of the cost of the sewer system paid
by Matthews.
3. Total amount of the cost of the sewer system paid
by Action.
Developers agree to provide to County, as requested, sufficient
evidence to document the above stated information. It is understood
that only those costs normally associated with and generally
acceptable as part of the construction of a sewer collection system
shall be included in the total cost of the sewer system.
The County, after acceptance and review of the statement, shall
thereafter establish upon its financial records an account entitled
Matthews Oil Company Accounts Payable (hereinafter "Matthews
Account ") and shall enter upon said account a credit equal to the
total amount of the cost of the sewer system paid by Matthews. The
County shall also establish upon its financial records an account
entitled Action Properties - Accounts Payable (hereinafter "Action
Account ") and shall enter upon said account a credit equal to the
total amount of the cost of the sewer system paid by Action.
62?
Based upon the information provided on the statement described
above, County shall determine the percentage of the total cost of the
sewer system paid by each of the Developers and County. The
percentages so determined shall be referred to for purposes of this
Contract and Agreement as the "Reimbursement Division Percentage ". A
Reimbursement Division Percentage shall be established for each party
hereto . and shall represent and be that portion of the total cost of
the sewer system paid by each such party.
E. Pursuant to the applicable policies, rules and
regulations of the County,. but subject to all relevant statutes and
laws, County shall charge a sewer connection fee to potential users
desiring to connect to the system constructed hereunder prior to any
connection thereto. The application of said connection fees, as it
relates to the Developers and to the provisions of this Contract and
Agreement, shall be as provided in this paragraph.
1. It is understood that Developers and /or their
successors and assigns, and /or any individual or business locating
upon the property of Developers herein described shall not be exempt
from the payment of a sewer connection fee, except as provided as
follows:
(a) During the period specified in subparagraph
(3) below and subject to the proviso therein, a
connection fee which would be due and payable by
Matthews to County (under the applicable rules and
regulations of the County) for the connection of any
business, residence or other property, owned by it
(located within its 27.539 acre tract) to the sewer
system constructed hereunder shall be waived. The
amount of such waived connection fee shall he entered
upon the Matthews Account (as set forth in paragraph
VI(D) above) as a debit. This debit entry shall be
made in lieu of the collection of such connection fee
and shall decrease the credit balance on said account.
(b) During the period specified in subparagraph
(3) below and subject to the proviso therein, a
connection fee which would be due and payable by Action
to County (under the applicable rules and regulations
of the County) for the connection of any business,
residence or other property, owned by it (located
within its 15 acre tract) to the sewer system
constructed hereunder shall be waived. The amount of
such waived connection fee shall be entered upon the
Action Account (as set forth in paragraph VI(D) above)
as a debit. This debit entry shall be made in lieu of
the collection of such connection fee and shall
decrease the credit balance on said account.
2. Upon collection of connection fees from all other
persons, business, or entities, except as stated in subparagraph 1,
the following portions of the same shall be distributed by County upon
the following terms and conditions:
628
(a) During the period specified in
subparagraph (3) below and subject to the proviso
therein, that portion of the connection fee collected
which is equal to the product of the amount so
collected multiplied by the Reimbursement Division
Percentage established for Matthews, [as set forth in
Paragraph VI(D)], shall be paid to Matthews, and a
debit entry equal to such amount shall be rnade to the
Matthews Account.
- - (b) During the period specified in subparagraph
(3) below and subject to the proviso therein, that
portion of the connection fee collected which is equal
to the product of the amount so collected multiplied by
the Reimbursement Division Percentage established for
Action, [as set forth in Paragraph VII (D) ] , shall be
paid to Action, and a debit entry equal to such amount
shall be made to the Action Account.
(c) The distributions to Matthews and Action
shall be made by County within thirty (30) days after
the full amount of the connection fee from which the
distribution shall. be made is collected by County.
(d) It is understood further that no distribution
to Matthews or Action shall be made from any funds
collected by County other than sewer connection fees as
collected pursuant to the applicable rules,. regulations
and /or ordinances of County.
3. The waiver of connection fees as set forth in
subparagraph VI(E) (1) and the reimbursement distribution made from
connection fees collected as set forth in subparagraph VI(E)(2) shall
be made to Matthews and Action as stated over a period of five (5)
years, such period to commence on the date of the acceptance of the
sewer system by County and the conveyance of the same to County, said
period to continue up to and including the same date five (5) years
therefrom; PROVIDED HOWEVER that the total amount of connection fees
waived and debited to the Matthews Account, together with any
reimbursement distribution made to Matthews and thereby debited to
said account shall not exceed the total amount of the cost of the
sewer system paid by Matthews; and the total amount of connection fees
waived and debited to the Action Account, together with any
reimbursement distribution made to Action and thereby debited to said
account shall not exceed the total amount of the cost of the sewer
system paid by Action. That is to say, that the connection fees shall
be waived and the reimbursement distributions made until either the
total amount of connection fees waived and the total amount of
reimbursement distribution made equals the total amount of the cost of
the sewer system paid by each (whereupon the credit on each account is
reduced to zero) or until the five (5) year period expires, whichever
occurs first.
F. County shall have without charge the right to connect
or interconnect the system which is the subject of this agreement with
any other sewer system it desires and shall have the further right
without charge to transport any sewage collected in its system through
the subject sewer system.
G. The operation and maintenance of the sewer system is
subject to and governed by Rules and Regulations adopted by the County
for its Public Utilities Department and all fees, charges and /or costs
related to such operation and maintenance are controlled thereby and
are subject to change.
H. Any connection made to the sewer system is subject to
and regulated by the said Rules and Regulations and any such
connection shall be approved by County and /or its Department of Public
Utilities prior to such connection.
I. In the event Developers should cease to own the
properties described herein, whether the result of sale, assignment,
legal process, or otherwise, this Contract and Agreement shall be
binding on Developers' successor(s) in interest. It is further
understood and agreed that the terms hereof are binding on the parties
hereto and their successors, assigns and legal representatives.
IN WITNESS WHEREOF, the parties hereto have caused this contract
to be duly executed on the date and year written above.
ATTEST:
Bv:
Vanessa W. Young, Clerj /
ATTEST:
Secretary
1
COUNTY OF HARNETT
/ice 1AJIi
1 -.y /G.— tewart, hairman
Hnrn.tt County Board of
Commissioners
MATTHEWS OIL COMPANY, INC.
el)--
es A. Burgin
re dent
ACTION PROPERTIES, a North Carolina
tnership
\_� I
BY: 1 )-(�7ZIL.1/11a/JJ�1.� /NCY� (SEAL)
R E. Mas}:bu burn, General Partner
�4L-O2i (SEAL)
ornom, III, General
BY: \J,Wi
Samuel J
Partner
By :ti/'g..`-
/P
ugen B. Horne, Jr., 66heral
Partner
(SEAL)
DOCUMENT NO. 3. FROM:
RE:
E. Marshall Woodall, Harnett County Tax Attorney
NOTICE OF TAX SUITS COMMENCED; TAX SUITS DISMISSED
AND RELATED SERVICES
MONTH OF `MAY 1988
NAME
Averasboro Township
Willie & Syliva Coxum
Barbecue Township
Milton L. & H. Bowe
Black River Township
Annie Pearl Allen
Duke Township
Betty McLean Shaw
SUIT NO. AMOUNT COL. ATTY FEE
88 CvD 0253
87 CvD 1302
87 CvD 1381
85 CvD 0731
Grove Township
Charles M. & Ella L. Poole 87 CvD 0528
Stewart's Creek Township
Hugh Benton &
Annie M. Spears 87 CvD 1216
James W. & Daisy M.
Campbell 88 CvD 0383
Upper Little River Township
Jerry Wade & A. Collins 88 CvD 0231
James Kelly 87 CvD 0609
Bert L. & Lacy Johnson 88 CvD 0260
"Subtotal
New Suits:
Upper Little River Township
Mary Ann McNeill 88 CvD 0436
Subtotal
912.49
333.04
1,440.85
2,836.73
2,710.85
1,677.72
4,684.47
590.29
382.80
16,115.07
Additional Attorney's Fees
Johnsonville Township
James R. Hailey 87 CvD 0902
Error in attorney's fee - billed at $190.00 should
have been billed at $105.84
Stewart's Creek Township
Mitchell Walker Heirs 85 CvD 0666
Commissioner's fees not previously billed
TOTAL ATTORNEY'S FEE
Advanced Costs:
Date Explanation
5 -2 -88 Lillington Postmaster — postage
Mary Ann McNeill - 88 CvD 0436
5 -17 -88 Lillington Postmaster - certified mail
Ed Miescionczek - 87 CvD 1217
5 -18 =88 Lillington Postmaster - postage
Tommy R. Harris- 88 CvD 0299
5 -18 -88 Sheriff of Pitt County - service fee
Tommy R. Harris 88 CvD 0299
65.00
190.00
190.00
190.00
568.75
190.00
190.00
190.00
190.00
190.00
2,153.75
10.00
10.00
(84.16)
42.00
$2,121.59
Amount
1.40
2.20
.80
16.00
5 -25 -88 Lillington Postmaster - certified mail 2.00
Andrew McNeill - 88 CvD 0143
5 -25 -88 Lillington Postmaster - certified mail 2.00
Othella Ellerbe - 85 CvD 0560
5 -25 -88 Lillington Postmaster - certified mail 2.00
Arthur Bates - 88 CvD 0244
Total 'Advanced Costs
BALA CE DUE
E. Mar hall Woodall, Tax Attorney
P.O. Box 39
Lillington, NC 27546
$26.40
$2,147.99