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11061989679 HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, NOVEMBER 6, 1989 DOT BRIEFING ON CHILD SUPPORT PROGRAM LAND RECORDS MANAGEMENT PROG. AGREEMENT 201 PROJECT AGREE. WITH BLACK t VEATCH TAX MAPPING COMPUTER EQUIP. MAINTENANCE AGREE ORD. AMEND. PERSONNEL ORD. PHYLLIS CLAYTON APPT. TO DOM. HOME COMM. ADV. COMMITTEE ADDITIONAL MAN- POWER FOR SOCIAL SERVICES The Harnett County Board of Commissioners met in regular session on Monday, November 6, 1989, in the County Office Building, Lillington, North Carolina, with the following members present: Rudy Collins, Bill Shaw, Mack Reid Hudson, Mayo Smith, and Chairman Lloyd G. Stewart presiding. Others present were Dallas H. Pope, County Manager; W. Glenn Johnson, County Attorney; Vanessa W. Young, Clerk to the Board; and Kay S. Blanchard, Recording Secretary. Chairman Stewart called the meeting to order at 9 a.m. Commissioner Shaw offered the invocation. Commissioner Collins moved for the approval of the minutes of the regular meeting, October 16, 1989, and the special meeting, October 25, 1989. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Ray Stone, Highway Maintenance Engineer, North Carolina Department of Transportation, appeared before the Board to discuss road matters and situations in Harnett County. Pat Cameron, Child Support Supervisor, briefed the Board on the current Child Support Program. Dallas H. Pope, County Manager, presented a Land Records Management Program Agreement between the North Carolina Department of Environment, Health, and Natural Resources and the County of Harnett. Commissioner Shaw moved for the approval of the agreement. Commissioner Collins seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, presented a consulting engineering services agreement, between County of Harnett and Black & Veatch, Engineers- Architects, for the 201 Amendment Project. Commissioner Shaw moved for the approval of the agreement. Commissioner Smith seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, presented a maintenance agreement, between Harnett County Tax Mapping Department and JCH & Associates, for tax mapping computer equipment. Commissioner Smith moved for the approval of the maintenance agreement. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Commissioner Shaw moved for the adoption Entitled Personnel Ordinance for Harnett 18, 1988. Commissioner Collins seconded unanimous vote. The Ordinance is copied Ordinance Book I, page_. of an Ordinance Amending an Ordinance County, North Carolina Adopted July the motion and it passed with a in full in the Harnett County Commissioner Smith made a motion that Ms. Phyllis Clayton, P. 0. Box 325, Dunn, NC, be appointed to the Domiciliary Home Community Advisory Committee for a one year term expiring October 31, 1990. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, presented a request for additional manpower slots in Social Services involving Protective Services for Children. Commissioner Smith made a motion to approve the establishment of a new position in the Social Services Department, with position title Social Worker III, and the establishment of a temporary position, with position title of Social Worker III, with classification under Account Code 7700, effective on November 6, 1989. RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented a Resolution WATER DISTR. SYS. Regarding Acceptance of Water Distribution System, Cumberland County, North CUMBERLAND CO. Carolina. Commissioner Shaw moved for the adoption of the resolution. Commissioner Smith seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated November 6, 1989, as document no. 1. RESOLUTION RE: WATER SERVICE TO LONGLEAF SUBDIVISION EXE. SESSION OPTION TO BUY LAND FOR N.E. METRO John M. Phelps, II, Public Utilities Attorney, presented a Resolution Regarding Water Service to Longleaf Subdivision, Cumberland County, North Carolina. Commissioner Shaw moved for the adoption of 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 November 6, 1989, as document no. 2. Commissioner Shaw made a motion to go into executive session. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Commissioner Shaw made a motion to come out of executive session. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Commissioner Shaw moved to approve the expenditure of $500.00 to enable the Northeast Metropolitan Water District to purchase an option to buy a 3.215 680 acre parcel of real estate owned by William T. Collins for the sum of $23,500.00 with such option document to be in a form and substance approved by the County Utilities Attorney. Commissioner Smith seconded the motion and it passed with a unanimous vote. Reports for the month of October were filed with the Board from the Sheriff's Department, Emergency Medical Services, Inspections, Veterans Service and the Tax Department. A yearly report from the Library was filed with the Board, and a financial report from the Averasboro Township Tourism Development Authority was filed with the Board. The Tax Attorney's report for the month of October was filed with the Board and is copied in full at the end of these minutes dated November 6, 1989, as document no. 3. BUDGET AMENDMENTS Dallas H. Pope, County Manager, requested the following budget amendment for Governing Body: Code 10- 4100 -135 Other Appropriations $15,000. increase Revenue: 10- 3990 -000 Fund Balance Appropriated 15,000. increase Commissioner Smith moved for the approval of the budget amendment. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Youth Services: Code 10- 7730 -002 Salaries & Wages 10- 7730 -005 F.I.C.A. Tax Expense 10- 7730 -007 Retirement Expense Revenue 10- 3480 -045 One -On -One Grant 968. increase 74. increase 49. increase 1,091. increase Commissioner Hudson moved for the approval of the budget amendment. Commissioner Collins seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Sanitation Landfill: Code 10- 6600 -073 Capital Outlay - Other Improv. 5,000. increase Revenue 10- 3990 -000 Fund Balance Appropriated 5,000. increase Commissioner Shaw moved for the approval of the budget amendment. Commissioner Collins seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Northwest (Public Utilities Capital Projects): Code 60 -9010 -050. Meters 2,100. increase 60- 9010 -080 Contingency 2,100. decrease Commissioner Collins moved for the approval of the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Social Services: Code 10- 7700 -002 Salaries & Wages 10- 7700 -003 Salaries & Wages, Pt -time 10- 7700 -005 F.I.C.A. Tax Expense 10- 7700 -006 Group Insurance Expense 10- 7700 -007 Retirement Expense 10- 7700 -008 Workmen's Compensation 10,952. increase 1D,550. increase 1,632. increase 1,200. increase 550. increase 165. increase Revenue: 10- 3480 -001 Social Services - Administration 25,049. increase Commissioner Hudson moved for the approval of Couuuissioner Smith seconded the motion and it Dallas H. Pope, County Manager, requested the Social Services: Code 10 -7700 -070 Independent Living Revenue: 10- 3480 -013 Independent Living the budget amendment. passed with a unanimous vote. following budget amendment for 4,443. increase 4,443. increase Commissioner Smith moved for the approval of the budget amendment. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for 681 Transportation and Procurement: Code 10 -5550 -002 Salaries & Wages 10 -5550 -005 F.I.C.A. Tax Expense 10 -5550 -007 Retirement Expense 1,311 99 66 Revenue: 10- 3990 -000 Fund Balance Appropriated 1,476 Commissioner Shaw moved for the approval of the budget amen Commissioner Collins seconded the motion and it passed with . increase . increase . increase . increase dment. Dallas H. Pope, County Manager, requested the following budg to work performed for Hurricane Hugo operation on September Administration 10- 4200 -002 Salaries & Wages 10- 4200 -005 F.I.C.A. Tax Expense 10- 4200 -007 Retirement Expense 335 26 17 a unanimous vote. et amendments due 21, 1989: . increase . increase . increase Revenue: 10- 3990 -000 Fund Balance Appro. 378. increase Public Buildings 10 -5000 -002 10 -5000 -005 10 -5000 -007 Revenue: 10- 3990 -000 Sheriff's Dept. 10 -5100 -002 10- 5100 -005 10 -5100 -007 Revenue: 10- 3990 -000 Communications 10 -5110 -002 10 -5110 -005 10 -5110 -007 Revenue: 10- 3990 -000 Salaries & Wages 247. increase F.I.C.A. Tax Expense 19. increase Retirement Expense 13. increase Fund Balance Appro. 279. increase Salaries & Wages 727. increase F.I.C.A. Tax Expense 55. increase Retirement Expense 28. increase Fund Balance Appro. 810. increase Salaries & Wages 176. increase F.I.C.A. Tax Expense 14. increase Retirement Expense 9. increase Fund Balance Appro. 199. increase Emergency Medical Services 10 -5400 -002 Salaries & Wages 408. increase 10 -5400 -005 F.I.C.A. Tax Expense 31. increase 10 -5400 -007 Retirement Expense 21. increase Revenue: 10- 3990 -000 Fund Balance Appro. 460. increase Transportation & Procurement 10 -5550 -002 10- 5550 -005 10 -5550 -007 Revenue: 10- 3990 -000 Health Dept. 10- 7600 -002 10- 7600 -005 10- 7600 -005 Revenue: 10- 3990 -000 Social Services 10- 7700 -002 10- 7700 -005 10- 7700 -007 Revenue: 10- 3990 -000 Public Utilities Revenue: 30- 9100 -002 30- 9100 -005 30- 9100 -007 30- 9200 -002 30- 9200 -005 30- 9200 -007 30- 9300 -002 30- 9300 -005 30- 9300 -007 30- 9400 -002 30- 9400 -005 30- 9400 -007 30- 3990 -001 30- 3990 -002 30- 3990 -003 Salaries & Wages 196. increase F.I.C.A. Tax Expense 15. increase Retirement Expense 10. increase Fund Balance Appro. 221. increase Salaries & Wages 618. increase F.I.C.A. Tax Expense 47. increase Retirement Expense 32. increase Fund Balance Appro. 697. increase Salaries & Wages 5,335. increase F.I.C.A. Tax Expense 401. increase Retirement Expense 268. increase Fund Balance Appro. 6,004. increase Salaries & Wages F.I.C.A. Tax Expense Retirement Expense Salaries & Wages F.I.C.A. Tax Expense Retirement Expense Salaries & Wages F.I.C.A. Tax Expense Retirement Expense Salaries & Wages F.I.C.A. Tax Expense Retirement Expense Unappropriated Fund Balance - Water Unappropriated Fund Balance - Sewer Unappropriated Fund 11. increase 1. increase 1. increase 9. increase 1. increase 1. increase 19. increase 1. increase 1. increase 5. increase 1. increase 1. increase 13. increase 11. increase 682 Balance - S. Central 30- 3990 -004 Unappropriated Fund Balance - W. Central 21. increase 7. increase Commissioner Smith moved for the approval of the budget amendments. Commissioner Shaw seconded the motion and it passed with a unanimous vote. RESOLUTION RE: Jerry Blanchard, Transportation and Procurement Director, presented a ELEVATING SCRAPERresolution concerning bid for elevating scraper for the Landfill operation. Commissioner Shaw moved for the adoption of the resolution. Commissioner Smith seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated November 6, 1989, as document no. 4. Dallas H. Pope, County Manager, requested the following budget amendment for Sanitation Landfill: Code 10- 6600 -074 Capital Outlay - Equipment 62,760. increase 10- 6600 -037 N.C. Sales Tax 3,240. increase Revenue: 10- 3990 -000 Fund Balance Appropriated 66,000. increase Commissioner Smith moved for the approval of the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. RESOLUTION RE: Jerry Blanchard, Transportation and Procurement Director, presented a SURPLUS COMPUTER resolution concerning used surplus computer equipment. Commissioner Hudson EQUIPMENT moved for the adoption of the resolution. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated November 6, 1989, as document no. 5. AGREE. WITH Dallas H. Pope, County Manager, presented an agreement between the Wilson Tree WILSON TREE CO. Company and Harnett County Department of Public Utilities for clearing FOR PUBLIC UT. waterline right -of -ways. Commissioner Hudson moved for the approval of the agreement. Commissioner Collins seconded the motion and it passed with a unanimous vote. POSITIONS ADJUST- Commissioner Collins moved to delete a Deputy II Patrol position and add a ED, SHER. DEPT. Deputy III Patrol position in the Sheriff's Department under Account Code 5100 with effective date of November 6, 1989. Commissioner Shaw seconded the motion and it passed with a unanimous vote. NEW POSITION Commissioner Hudson moved to approve the establishment of a new position in ESTAB. IN TAX the Tax Department, with position title of Paralegal /Tax Clerk, with DEPT. Classification 62 -A under Account Code 4500, effective on November 6, 1989. Commissioner Shaw seconded the motion and it passed with a unanimous vote. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners Meeting, November 6, 1989, duly adjourned at 11:30 a.m. Lloy. G / Stewart_, Chairman xi Kay S. Blanchar Recording Secretary Vanessa W. Young, Clerk he Bo 683 DOCUMENT NO. 1. RESOLUTION REGARDING ACCEPTANCE OF WATER DISTRIBUTION SYSTEM CUMBERLAND COUNTY, NORTH CAROLINA WHEREAS, the County of Harnett, (hereinafter the "County "), has heretofore entered into a Contract and Agreement dated March 7, 1988 between the County and certain Developers owning properties in the north central portion of Cumberland County; and WHEREAS, said Developers, pursuant to the referenced Contract and Agreement, have constructed a water distribution system which will connect water systems owned, operated, and /or controlled by them and serving subdivisions located within Cumberland County to a water system operated by the Harnett County Department of Public Utilities; and WHEREAS, said Contract and Agreement, among other things, further provides that said water distribution system will be transferred to the County of Harnett, and thereafter be operated by its Department of Public Utilities; and WHEREAS, said Developers have now tendered a document conveying said water distribution system, together with certain easements and rights of ways thereto pertaining, to the County; and WHEREAS, pursuant to said Contract and Agreement, certain of said Developers have executed a document entitled "Warranty, Guaranty and Indemnification Agreement," a copy of the same being attached hereto as Exhibit "A ", which warrants and guarantees the referenced water distribution system for a period of one(1) year; and WHEREAS, certain of said Developers have requested the County to accept, in lieu of an insurance policy specified in said Contract and Agreement, their agreement to indemnify the County with respect to certain liabilities which could be incurred with regard to said water distribution system; and WHEREAS, such indemnity agreement is set forth as part of the "Warranty, Guaranty and Indemnification Agreement" attached hereto as Exhibit "A ;" and WHEREAS, said Developers were unable to provide a document conveying an easement or right of way for a portion of said water distribution system, but have agreed to indemnify the County with respect to any liability arising from the construction of said water distribution therein; and WHEREAS, such indemnification is set forth in that document entitled "Indemnity Agreement," a copy of which is attached hereto as Exhibit "8 ;" and WHEREAS, upon the County's obtaining certain additional information from said Developers, the County desires to accept said water distribution system from said developers and in connection therewith desires to authorize the appropriate officers of the County to execute those documents, copies of which are hereto attached as Exhibits A and B; NOW THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissions that: 1. Upon the completion of the remaining requirements of said Contract and Agreement by the Developers, the Chairman of the Board and Clerk to the Board are hereby authorized and directed to execute the following documents: a. That "Warranty, Guaranty and Indemnification Agreement" by C J Water Corporation, Ring Model Homes Construction Company, Inc. and The March Development Corporation to The County of Harnett, a copy of which is attached hereto as Exhibit "A ;" and b. That "Indemnity Agreement" between C J Water Corporation, Ring Model Homes Construction Company, Inc., and The March Development Corporation to The County of Harnett, a copy of which is attached hereto as Exhibit "B." 2. Upon the completion of said remaining requirements the County of Harnett hereby accepts the water distribution system herein above described. Duly adopted this by Commissioner Shaw Commissioner Smith 6th • day of November, 1989, upon motion made , seconded by and adopted by the following votes: AYES 5 NOES 0 A7est: � Vaness W. Young, to the Boa Cler ABSENT 0 ABSTAINED 0 HARNE T COUNTY BOARD "F CO ISSIONERS By I.".L /✓ G. Stewart, C a rman 684 EXHIBIT A NORTH CAROLINA CUMBERLAND COUNTY WARRANTY GUARANTY AND INDEMNIFICATION AGREEMENT THIS WARRANTY, GUARANTY AND INDEMNIFICATION AGREEMENT is made this 97thday of October , 1989 by C J WATER CORPORATION, KING MODEL HOMES CONSTRUCTION COMPANY, INC., and THE MARCH DEVELOPMENT CORPORATION, all corporations organized and existing under the laws of the State of North Carolina with their principal offices located in Cumberland County, North Carolina, (hereinafter collectively referred to as "Warrantors ") and THE COUNTY OF HARNETT, a body politic organized and existing under the laws of the State of North Carolina (hereinafter referred to as the "County "). W I T N E S S E T H S THAT WHEREAS, the Warrantors and County are parties to that certain Contract and Agreement dated. March 7, 1988 between the County of Harnett et al and C. Thomas Wood et .614 which provides for the construction of a water distribution system in the north central portion of Cumberland County, North Carolina by C J Water Corporation and the subsequent conveyance of the same to County; and WHEREAS, paragraph III(A) of the referenced Contract and Agreement provides that certain of the parties thereto shall warrant and guaranty the water distribution system constructed thereunder for a period of one (1) same to County; and WHEREAS, said paragraph year after conveyance of the III(A) further provides that the warranty and guaranty may be effected by the parties responsible therefor by executing or causing to be executed by an individual or a corporation with a net worth in excess of Five Hundred Thousand ($500,000.Q0) Dollars a Guaranty assuming such duties, liabilities and obligations stated; and WHEREAS, it is the desire of the Warrantors to execute this document for the purpose of fulfilling the above described obligations as the same are set out in said paragraph III(A) of the referenced Contract and Agreement; and WHEREAS, paragraph III(B) of said Contract and Agreement additionally obligates certain of the parties thereto to provide to County a paid liability insurance policy naming the County as insured with minimum limits of One Million Dollars ($1,000,000.00) insuring the County from and against certain liabilities therein stated; and WHEREAS, the Warrantors, in lieu of providing the described insurance policy, have offered to indemnify and hold harmless the County from and against those liabilities referred to in said paragraph III(5); and WHEREAS, County has agreed to accept said indemnification from the Warrantors as is hereinafter set forth; NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is acknowledged, it is hereby agreed; 1. Water Distribution System Defined As used hereinbelow, the term "water distribution system" shall refer to that water distribution system as defined in the above reference Contract and Agreement dated March 7, 1988. 2. Warrantors Net Worth Warrantors covenant that their collective net worth exceeds One Million Dollars ($1,000,000.00). 685 (a) Warrantors hereby warrant and /or guaranty that the water distribution system has been constructed with good material and in a workmanlike manner, has been properly installed, based upon sound engineering principles and good workmanship, is capable of transporting water and related substances in the manner for which it was designed, and is free from all defects due to faulty materials and /or workmanship. (b) The warranty and /or guaranty as provided herein shall apply and be in effect for a period of one (1) year, beginning with the date of the execution of this Agreement by the County, and continuing for a period of 365 days thereafter. 4. Indemnification Provision Warrantors, jointly and severally, shall and, insofar as they legally may, hereby assume, and agree to indemnify and hold harmless the County, its successors and assigns, from and against all loss, costs, expenses, including attorneys' fees, claims, suite 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 and /or presence of said water distribution system, howsoever caused, during a one (1) year period, beginning with the date of the execution of this Agreement by the County, and continuing for a period of 365 days thereafter. IN WITNESS WHEREOF, the parties hereto have caused this Warranty, Guaranty and Indemnification Agreement to be duly executed on the day and year written. Executed by C J Water Corporation this Z2 day of 7'7',1for✓ , 1989. C J WATER ORPORATION BY Attest Vanessa Loc amy, Asst. S -; etary Executed by n Model Homes Construction Company, Inc., this 22 day of ad_, 1989. d KING MODEL HOMES CONSTRUCTION COMPANY, INC. Attes Mi• ael Stems -n, Secretary Executed by The March Development Corporation, this 22th day of October , 1989. Attest Teri Johnson, t. Secretary THE MARCH DEVELOPMENT CORPOe ATION sident Executed by the County of Harnett, this day of , 1989. 686 EXHIBIT B NORTH CAROLINA CUMBERLAND COUNTY INDEMNITY AGREEMENT THIS INDEMNITY AGREEMENT is made this27th day ofOctober 1989 between C J WATER CORPORATION, KING MODEL HOMES CONSTRUCTION COMPANY, INC., and THE MARCH DEVELOPMENT CORPORATION, all corporations organized and existing under the laws of the State of North Carolina with their principal offices located in Cumberland County, North Carolina, (hereinafter collectively referred to as "Indemnitors "), and THE COUNTY OF HARNETT, a body politic organized and existing under the laws of the State of North Carolina (hereinafter referred to as "Indemnitee "). W I T N E S S E T H THAT WHEREAS, the Indemnitors and the Indemnitee are parties to that certain Contract and Agreement dated March 7, 1988 between the County of Harnett at al and C. Thomas Wood gt gla which provides for the construction of a water distribution system in the north central portion of Cumberland County, North Carolina by C J Water Corporation and the subsequent conveyance of the same to Harnett County; and WHEREAS, said Contract and Agreement requires C J Water Corporation to convey said water distribution system together with continuous and adequate easements and rights of way needed to operate and maintain the same; and WHEREAS, a certain portion of the water distribution system has been constructed within a sixty (60) foot road right of way for which C J Water Corporation advises no document conveying an easement or right of way may be obtained; and WHEREAS, in lieu of providing a document conveying an easement or right of way to Harnett County, C J Water Corporation, together with the other Indemnitors herein, all of which have participated in the construction of the said water distribution system, have offered to indemnify Harnett County with respect to any liabilities the County may incur resulting from the said construction within said road right of way; and WHEREAS, Harnett County has agreed to accept the indemnification as herein provided. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, receipt of which is acknowledged, it is hereby agreed: 1. The Indemnitors, jointly and severally, shall and do hereby assume, and agree to indemnify and hold harmless the Indemnitee, its successors and assigns, from and against any and all liability, loss, costs, expenses (including attorneys fees), claims, suits and /or judgments whatsoever in connection with the installation and /or presence of all that portion of the water distribution system constructed: under the terms of the aforementioned Contract and Agreement located within that sixty (60) foot unnamed street as shown on a plat of the McKeithan Property prepared by J P McMillan, Jr. and dated October, 1961 to include, but not be limited to, any such liability, loss, costs, expenses (including attorneys fees), claims, suits and /or judgments arising out of any action filed against the Indemnitee under N.C. Gen. Stat. 40A -51 or any such similar statute and /or arising out of the removal and relocation of that portion of the water distribution system described. 2. The Indemnity under this Agreement shall commence on the date this document is executed by the Indemnitee and shall continue in full force and effect for a period of ten (10) years thereafter. 687 3. Indemnitore agree to defend against any claims brought or actions filed against Indemnitee with respect to the subject of the indemnity contained herein, whether such claims or actions are rightfully or wrongfully brought or filed. In case a claim should be brought or an action filed with respect to the subject of indemnity herein, Indemnitore agree that Indemnitee may employ attorneys of its own selection to appear and defend the claim or action on behalf of Indemnitee, at the expense of Indemnitore. Indemnitee, at its option, shall have the sole authority for the direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against Indemnitee. IN WITNESS WHEREOF, the parties hereto have caused this Indemnity Agreement to be duly executed on the day and year written. Executed by C J Water Corporation this z 12 day of 691.2" , 1989. Attest anessa Lockamy, Asst , •cretary P C J WATER CORPORATION evident -7-1 Execute by Xing Model Homes Construction Company, Inc., this e.../ day ofeeagat t 1989. Mir Stes• man, Secretary RING MODEL HOMES CONSTRUCTION COMPANY INC. . Wood, Jr. /°res dent Executed by The March Development Corporation, this ytl day of October 1989. Attest J Teri Jo neon, Asst. Secretary THE MARCH DEVELOPMENT CORPORATION 4a- . dent Executed by The County of Harnett, this day of , 1989. THE COUNTY OF HARNETT 688 DOCUMENT NO. 2. RESOLUTION REGARDING WATER SERVICE TO LONGLEAF SUBDIVISION CUMBERLAND COUNTY, NORTH CAROLINA WHEREAS, Harnett County (hereinafter sometimes referred to as the "County "), pursuant to N.C.Gen.Stat. 5153A -275 and related statutory provisions, is authorized to acquire, maintain, own and operate water supply and distribution systems outside its boundaries; and WHEREAS, pursuant to that certain Contract and Agreement dated March 7, 1988 between the County, et s and C. Thomas Wood, et als, the County expects to acquire and thereafter own, operate and maintain a water distribution pipeline along S.R. 1606 in Cumberland County, North Carolina; and WHEREAS, D. Heriot Wilkins and wife, Lester B. Wilkins (hereinafter sometimes referred to as "Wilkins ") are developing into building lots a tract of land along said S.R. 1606, known as Longleaf Subdivision; and WHEREAS, said subdivision is currently being provided water through a water system owned and operated by Brookwood Water Corporation (hereinafter sometimes referred to as "Brookwood "); and WHEREAS, it is the desire of Wilkins to make provision for said subdivision to be supplied water by the County, and to that end has entered into an Agreement with Brookwood dated June 9, 1989 to purchase the water distribution system within said subdivision; and WHEREAS, it is the further desire of Wilkins, after providing the consideration to Brookwood for purchase of the referenced water distribution system, that Brookwood convey the same to the County; and WHEREAS, attached hereto as "Exhibit 1" is a copy of an Agreement between Wilkins, Brookwood and the County setting forth the details of the transfer of the existing water system serving Longleaf Subdivision to the County, and providing for the future construction of water facilities to serve said subdivision; and WHEREAS, it is the desire of the Agreement as provided. NOW, THEREFORE, BE IT RESOLVED by of Harnett County that: 1. The Chairman of the Board and Clerk to the Board are hereby authorized and directed to execute that Agreement between D. Heriot Wilkins and wife, Lester B. Wilkins, Brookwood Water Corporation and the County of Harnett, a copy of which is attached hereto as Exhibit 1. County to enter into said the Board of Commissioners 2. Dallas H. Pope, Harnett County Manager, is hereby authorized to execute for and in behalf of the County of Harnett such documents and papers as necessary, including the appropriate Application(s) to enable the applicable authorization from the North Carolina Utilities Commission to be obtained so as to effect the transfer of the water system serving Longleaf Subdivision to the County of Harnett. Duly adopted this 6th day of November, 1989 upon motion made by Commissioner Shaw , seconded by Commissioner Hudson and adopted by the following vote: Ayes __5_ Noes 0 Attest: es Abstained n Absent n Harnett County Board of Commissioners By: Vanessa W. Youn to the Board G. Stewart, Chairman 689 EXHIBIT 1 NORTH CAROLINA HARNETT COUNTY AGREEMENT THIS AGREEMENT, made and entered into this day of 1989 by and between D. HERIOT WILKINS and wife, LESTER B. WILKINS (hereinafter sometimes referred to as "Developer "), BROOKWOOD WATER CORPORATION of 1000 Wildwood Drive, Fayetteville, North Carolina 28304 (hereinafter sometimes referred to as "Brookwood ") and the COUNTY OF HARNETT, a body politic organized and existing under the laws of the State of North Carolina (hereinafter sometimes referred to as "County "). W I T N E S S E T H: THAT WHEREAS, County operates and manages a water production facility and several water distribution systems located within its boundaries, and has established a Department of Public Utilities for the purposes of operating and managing the same; and WHEREAS, County, pursuant to N.C.Gen.Stat. S153A -275 and other related statutory provisions, is authorized to acquire, maintain, own and operate water supply and distribution systems outside its boundaries; and WHEREAS, pursuant to that certain Contract and Agreement dated March 7, 1988 between the County, et. al. and C. Thomas Wood, et. als., the County expects to acquire and thereafter own, operate and maintain a water distribution pipeline along S. R. 1606 in Cumberland County, North Carolina; and WHEREAS, Developer is developing into building lots a tract of land in Carvers Creek Township, Cumberland County, North Carolina along said S. R. 1606, known as Longleaf Subdivision; and WHEREAS, said subdivision is currently being provided water through a water system owned and operated by Brookwood; and WHEREAS, said subdivision has experienced low water pressure on occasions resulting in an inadequate water supply to its residents; and WHEREAS, it is the desire of Developer to make provision for said subdivision to be supplied water by County, and to that end has entered into an Agreement with Brookwood dated June 9, 1989 to purchase the water distribution system within said subdivision; and WHEREAS, it is the desire of Developer, after providing the consideration to Brookwood for purchase of the referenced water distribution system, that Brookwood convey the same directly to the County; and WHEREAS, County is willing to accept the conveyance of said water distribution system and thereafter provide water service to said subdivision, but only upon the terms and conditions herein set forth. 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, Developer and County agree as follows: azahre- 690 I. EXISTING OWNERSHIP STATUS OF WATER SYSTEM SERVING LONGLEAF SUBDIVISION It is acknowledged by the parties hereto that the existing water system serving Longleaf Subdivision is owned and operated by Brookwood. Developer has entered into an Agreement with Brookwood dated June 9, 1989, a copy of which is attached hereto, for reference, as Exhibit 1, which provides that Developer will purchase the water distribution system and related facilities appurtenant thereto, (including complete water service connections), existing in said subdivision. Such purchase shall be consumated upon County's agreement to acquire and thereafter own, operate and maintain the same, and upon approval of such transfer by the North Carolina Utilities Commission. The conveyance of said water distribution system is to be made directly from Brookwood to County, with the consideration for the purchase to be paid by Developer to Brookwood. II. CONDITIONS OF AGREEMENT A. The terms of this Agreement are contingent upon Developer and Brookwood receiving authorization from the North Carolina Utilities Commission to discontinue Brookwood's service of water to Longleaf Subdivision and authorization from said Commission for the conveyance of the referenced water distribution system to County. County agrees, subject to the performance of Developer and Brookwood hereunder, to join in such application as may be required by said Commission to obtain approval for the transfer. B. No transfer or conveyance of the water distribution system serving Longleaf Subdivision shall be accepted by County until the referenced water distribution system shall have received all required approvals from the Division of Health Services of the North Carolina Department of Human Resources, and such other public health agencies or bodies as may be required by law. C. The terms of this Agreement are contingent upon County acquiring title to the water distribution pipeline along S. R. 1606 as set forth in the hereinabove referenced Contract and Agreement of March 7, 1988 between the County et. al and C. Thomas Wood, et. als. Should said acquisition not occur, County shall have no liabilities or responsibilities whatsoever in connection with this Agreement. III. TRANSFER OF WATER DISTRIBUTION SYSTEM A. At such time as all conditions and requirements set forth in this Agreement are met, Developer and /or Brookwood, whichever the case may be, shall convey 691 to County by good and sufficient deed and /or other document of conveyance the entire water distribution system located within Longleaf Subdivision as is necessary, for the satisfactory delivery of potable water to all developed lots within said Subdivision. B. The water distribution system to be so conveyed shall include all water distribution transmission lines, mains, and /or pipelines and other related appurtenances and /or facilities (including complete water service laterals, connections, and meters) necessary for the transportation and delivery of potable water to all developed lots within said Subdivision, along with all necessary easements and rights of way (as required by County) for the complete maintenance and operation thereof. C. The term "developed lots" shall refer to all those lots within Longleaf Subdivision to which a water service connection is now available, the same being described as follows: 1. Lots numbered 1 through 12, inclusive and lots numbered 29 through 36, inclusive as shown on a plat of Longleaf Subdivision, Section One recorded at Plat Book 58, Page 133, Cumberland County Registry. 2. All the numbered lots as shown on a plat of Longleaf Subdivision, Section Two, recorded at Plat Hook 62, Page 22, Cumberland County Registry. D. The deed and /or document of conveyance described above shall be in a form and substance approved by County. E. The conveyance of the water distribution system as herein described shall take place at a place and time mutually agreed upon by the parties. F. At the time of delivery of the document conveying the water distribution system as herein described to the County, Developer shall provide to County a written certification from an attorney licensed to practice in the State of North Carolina stating that the said water distribution system and related easements and rights of way to be conveyed are free and clear of all liens and encumbrances. G. Any and all deeds of trust, liens or other charges against the water distribution system and related easements and rights of way to be conveyed shall be paid, cancelled or otherwise removed as against the same, H. Prior to or at the time of delivery of the document conveying the water distribution system as herein described to the County, Developer will provide the County one set of plans indicating the present location of the water distribution system to be conveyed hereunder and serving said Longleaf Subdivision. 69.2 I. For purpose of maintaining County's financial records, Developer agrees to provide to County at the time of delivery of the document of conveyance a written statement indicating the original cost of the water distribution system and the total amount of depreciation which has accumulated thereon since its construction. IV. CONNECTION A. Developer shall be responsible for any and all costs associated with the connection of the water distribution system herein described to the system of the County. B. Developer shall be responsible for any and all modifications, extensions or other alterations made to the water distribution system herein described necessary to effectuate the connection of the same to the system of the County and /or to meet any and all requirements of local, state or federal regulations. C. County shall collaborate and cooperate with Developer and Brookwood regarding the connection of the water distribution system herein described to the system of the County, and with respect to providing an orderly transition of service for the water users involved. D. Developer agrees to assist County in organizing County's initial sign -up of the various existing users of the water distribution system in Longleaf Subdivision by providing County, prior to the delivery of the hereinabove referred to document of conveyance, a list of said users, including said users' mailing address and telephone number. Developer will also collect the required deposits from such users, as required.by the County's Rules and Regulations, and pay the same over to County. Developer will also assist County in obtaining completed water user agreements from such users. E. Developer agrees that upon and after the date the water distribution system serving Longleaf Subdivision is made, Developer shall allow no cross connection to exist between the County's system and any pipeline containing a contaminant or any pipeline connected to other present or future sources of water. V. COUNTY OPERATION AND MAINTENANCE OF EXISTING SYSTEM SERVING LONGLEAF SUBDIVISION A. The County, upon conveyance to it of the water distribution system serving Longleaf Subdivision, together with all easements and rights of way appurtenent thereto, as owner of the same, agrees to operate and maintain said system as part of its water distribution system as operated by the County Department of Public Utilities. 693 B. The County agrees to provide potable water to those lot owners within said Longleaf Subdivision that enter into water use agreements with County through the Harnett County Department of Public Utilities upon the terms and conditions of the applicable Rules and Regulations thereof. VI. CONNECTION FEES A. The water distribution pipeline along S. R. 1606, to which the water distribution system herein described is to be connected has been constructed pursuant to the terms of the aforementioned Contract and Agreement dated March 7, 1988 between the County et. al. and C. Thomas Wood, et. als. Under the terms thereof, County has agreed to charge a connection fee to water users obtaining water service through or by utilizing the water distribution pipelines constructed thereunder, and to reimburse to one of the parties thereto, to wit: C J Water Corporation, eighty percent (80 %) of such connection fees collected. At the current time the applicable connection fee is One Thousand ($1,000.00) Dollars. B. Developer agrees to pay to County for repayment to C J Water Corporation, the sum of Eight Hundred ($800.00) Dollars for each of the developed lots (as herein defined) unless C J Water Corporation specifically, and in writing, relieves the County from its obligation to collect and pay over the same to it. It is anticipated that C J Water Corporation will relieve the County of such obligation with respect to the following of the developed lots: 1. As delineated on a plat of Longleaf Subdivision, Section One recorded at Plat Book 58, Page 133, Cumberland County Registry, those lots numbered: 3 11 5 12 6 29 8 30 9 31 10 32 2. As delineated on a plat of Longleaf Subdivision, Section Two, recorded at Plat Book 62, Page 22, Cumberland County Registry, those lots numbered: 39 47 40 48 41 49 42 50 43 51 44 52 45 53 46 55 694 C. In any event, Developer shall and does, insofar as Developer legally may, hereby assumes, and agrees to indemnify and hold harmless the County from the against any and all loss, costs, expenses, including attorneys' fees, claims, suits and judgments whatsoever in connection with connection fees for the developed lots in Longleaf Subdivision as the same relate to the payment of a portion thereof to the parties to the referenced contract dated March 7, 1988. D. In consideration of the conveyance to the County of complete water service connections for the developed lots in the Subdivision, County waives its portion of the described connection fee. E. It is understood that the full amount of the then applicable connection fee shall be charged for all future service connections made to the water distribution system serving Longleaf Subdivision, whether as now existing or otherwise. As to those of the developed lots for which the County is not relieved of its obligation to collect and pay over connection fees to C J Water Corporation, the percentage of such connection fees to be transmitted to C J Water Corporation shall be due and payable therefor at the time such lot or lots require water service. As to extensions of the water distribution system at Longleaf, including that extension to serve lots numbered 13 through 28, inclusive, as shown on the plat of Longleaf Subdivision, Section One, recorded at Plat Book 58, Page 133, Cumberland County Registry, the then applicable connection fees shall be due and payable at the time such extensions are conveyed to County. Such connection fees or percentage thereof as described shall be paid by Developer upon billing by the County. VII. FUTURE WATER SERVICE TO LONGLEAF SUBDIVISION A. In the event Developer expands Longleaf Subdivision or develops related subdivisions on Developer's property located along S. R. 1606, then and in that event, it is agreed that Developer shall construct such water distribution system as is needed to adequately supply and deliver potable water to users located within said expanded subdivision or related subdivision, upon the following terms and conditions: 1. Developer shall cause the water distribution system to be constructed in accordance with the specifications of the County as provided through the County Department of Public Utilities, and Developer shall permit representatives of County to inspect the construction and installation of the said water distribution system to verify the same. 695 2. Developer shall cause plans and specifications for the described water distribution 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 Developer shall provide copies of the plans and specifications, for approval, to the County and to its Department of Public Utilities. 3. Developer shall provide to County and its Department of Public Utilities, prior to the commencement of the construction and installation of said water distribution system, shop drawings of all materials to be used for construction. 4. Developer 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 water distribution system. 5. Developer 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 water distribution system upon, along or across streets, roads, highways and public utilities. 6. Developer shall obtain approval for the construction and completion of the water distribution system from the necessary federal, state and /or local governments and agencies, prior to and /or at the time of completion. 7. Developer shall cause the construction and installation of the water distribution 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. Developer shall provide County and the County Department of Public Utilities three (3) entire sets of drawings of the completed water distribution system as constructed and as is conveyed to County as hereafter provided. 9. In the event that the construction and installation of the water distribution system is not completed as set forth herein, then County shall notify Developer of such fact and in what ways. the construction does not meet the terms of this Agreement, and it shall be the duty of Developer to thereafter correct such items or things as do not meet the terms hereof. 10. Upon completion of the construction of the said water distribution system, and inspection, approval and acceptance thereof by County through its Department of Public Utilities, Developer shall convey by good and sufficient deed and /or other document of conveyance to County the entire water distribution system, together with all easements, rights of way, permits, franchises, authorizations, or other instruments as described in paragraphs VII (A)(4) and VII (A)(5) above needed to operate and maintain the said water distribution system. B. Developer hereby warrants that a water distribution system to be constructed by Developer, 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 transporting water and related substances in the manner for which it was designed. C. If the said water distribution system shall, within twelve 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 Developer. D. Developer shall and does, insofar as it legally may, hereby assumes, and agrees to indemnify and hold harmless the County, its successors and assigns, from and against all loss, costs, expenses, including attorneys° fees, claims, suits and judgments whatsoever in connection with sickness, injury to or death of any person or persons, or loss of or damage to property caused by or in any way connected with the installation, use or presence of said water distribution system, howsoever caused, during said one year warranty period. E. County agrees to provide potable water to those lot owners within said expanded subdivision or related subdivision that enter into water use agreements with the County through its Department of Public Utilities, upon the terms and conditions of the applicable Rules and Regulations thereof. F. It is understood that the County, upon and after conveyance to it of said water distribution system, as owner thereof, shall, operate and maintain said water distribution system as part of, its water distribution system, as operated by the County Department of Public Utilities. 697 VIII. GENERAL PROVISIONS A. REVENUES. Upon and after conveyance of the existing water distribution system serving Longleaf Subdivision to County and upon and after conveyance of any future water distribution system to County as described in Section VII of this Agreement, County shall be entitled to collect and retain all revenues and other charges from and relating to the sale of water to all users served through such water distribution system. B. OTHER SERVICES. Upon and after conveyance of the existing water distribution system serving Longleaf Subdivision to County and upon and after conveyance of any future water distribution system to County as described in Section VII, of this Agreement, County may allow other users to be served by said system. C. CONNECTION AND WATER TRANSPORTATION. County shall have, without charge, the right to connect or interconnect any water distribution system conveyed to it as provided in this Agreement with any other water distribution system it desires and shall have the further right, without charge, to transport water through the same. D. SUBJECT TO RULES AND REGULATIONS. The operation and maintenance of any water distribution system conveyed to County as provided in this Agreement is subject to and governed by Rules and Regulations adopted by the County for its Public Utilities Department and all fees, connection fees, charges and /or costs related to such operation and maintenance are controlled thereby and are subject to change. E. CONNECTIONS APPROVED. Any connection made to any water distribution system conveyed to County as provided in this Agreement is subject to and regulated by said Rules and Regulations and any such connection shall be approved by County and /or its Department of Public Utilities prior to such connection. F. BINDING EFFECT. In the event Developer should cease to own the properties along S. R. 1606 which Developer is now developing or intends to develops, whether the result of sale, assignment, legal process, or otherwise, this Agreement shall be binding on said Developer's successor(s) in interest. It is further understood and agreed that the terms hereof are binding on the parties hereto and their heirs, successors, assigns, and legal representatives. Executed by Developer, this day of , 1989 (SEAL) r (SEAL) ((Griot a iot Wilkins Lester B. Wilkins 69.8 EXHIBIT I Pal PAGE 1 OF 4 AGREEMENT THIS AGREEMENT entered into this the q' day of June, 1989, by and between 0.'Heriot Wilkins, hereinafter referred to as Developer, and Brookwood Water Corporation, hereinafter referred to as Brookwood; WHEREAS, Developer is developing a tract of land in Carvers Creek Township on SR 1605, Cumberland County, North Carolina, known as Longleaf into building lots; and WHEREAS, Developer entered into an agreement with Brookwood for the installation and ownership of the community water system at Longleaf which agreement is dated December 10, 1985, which agreement is hereinafter referred to as Water Agreement; and WHEREAS, in the Water Agreement for the water system, Developer has the obligation to construct the water system in its entirety and install at Developer's cost ail features necessary for satisfactory operation of the water system for receiving approval of the North Carolina Division of Health Services, Cumberland County Health Department and North Carolina Utilities Commission. It was required in the Water Agreement that the Developer would install, at the Developer's cost, the additional wells and tanks required as a system is enlarged to serve the entire 213 acre tract; WHEREAS, the Longleaf Subdivision has experienced over the years low pressure on occasions with an inadequate water supply for the customers. The low pressure and inadequate water supply have primarily occurred during the spring and sunnier months when customers are doing extensive lawn, garden and shrub irrigation particularly on weekends and evenings; WHEREAS, the Harnett County Water System (hereinafter Harnett) has a water main on or near SR 1605 outside the subdivision. The developer has spoken with appropriate officials of Harnett and Harnett is agreeable to providing water service to Longleaf Subdivision; WHEREAS, Brookwood is the owner of the water system at Longleaf and operates the system under a Certificate of Public Convenience and Necessity issued by the North Carolina Utilities Commission (hereinafter the Commission); WHEREAS, Developer rather than drilling anU installing additional wells is desirous of purchasing the water distribution system and well lot from Brookwood-and then conveying the water distribution system to Harnett. THEREFORE, it is hereby agreed: 1. That the Developer will purchase from Brookwood the water distribution system at Longleaf consisting of the water mains, valves, blow offs, service lines, meter boxes and meters. Developer shall also purchase the existing well lot which was conveyed to Brookwood by deed dated January 16, 1986 and recorded in Deed Book 3128, page 105, Cumberland County Registry. 699 Ilsof 2. Excluded from this purchase are the production and storage facilities including the well pumps, chemical treatment equipment, water storage tank, well drop pipe, valve bank and electrical equipment within and adjoining the pumphouse. Utility shall continue to own those properties. Utility shall remove those L.J thirty Ajon properties and equipment within sixty days after the Longleaf water system is connected to and provided water service by Harnett. 3. The purchase price for the water system as described in paragraph one shall be the sum of Ten Thousand Dollars ($10,000). The purchase price shall be paid at closing. Closing shall take place on the date of the connection of the Longleaf system to Harnett. 4. Brookwood shall convey the well lot to Developer by special warranty deed. 5. This agreement is subject to the approval of the Commission for the transfer of the water system to Harnett which is exempt from regulation by the Commission and the Commission cancelling the Certificate of Public Convenience and Necessity previously issued to Brookwood. 6. The water distribution system shall be conveyed to developer in an "as is, where is" condition. Brookwood shall not be responsible for any costs of connecting the Longleaf water distribution system to Harnett or making any modifications to the Longleaf water system, 7. Brookwood shall bear all costs for removal of the production and storage equipment on the well lot. The well will be capped and later used by Developer, his successors, heirs and assigns. 8. It shall be Developer's responsibility to negotiate the connection of Longleaf water system to the Harnett system. Brookwood shall have no responsibility in these negotiations. 9. Brookwood shall continue to operate the Longleaf water system under the rules and regulations of the North Carolina Utilities Commission up until the time the connection is made to Harnett and Harnett begins water service to Longleaf subdivision. Brookwood shall cooperate with Harnett to make this transition as convenient for the customers as possible. 10. The terms of this agreement shall be binding on all parties signing below, their successors, heirs and assigns. 0. Heriot W k na Developer BROOKoTER� PO TION 4.17, 1tav�^ By: Walter C. Moorman Viee President TO WHOM IT MAY CONCERN: Currently residents of the Longleaf Subdivision are experiencing low water pressure and the absence of water. Eight more houses are near .ccupancy and would critically tax the already inadequate water supply. The Harnett County Water system passes by the Longleaf subdivision and could be accessed at no cost to the homeowner. This option would ensure the Longleaf homeowners of an adequate water supply conforming to County Health standards., We the homeowners and residents of Longleaf Subdivision in the county of Cumberland, State of North Carolina do hereby request that water services be provided to Longleaf Subdivision by the Harnett County Water System in lieu of the Brookwood Water Corporation: e. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 27. 28. 29. 30. hiteacfb tiS 769.o J4eztdT- D2ive -ibs+ (0/11416 w2.24218. _i&__Sy'_:22?_.ds:__inc345/ `11-__ ALS.i l biz-dor _? ((et 0 L.) i')/41-1 az. Yre- 36 y/ 31. 7672. c1nLKiUS ate 5S9 -e673 37. 38. 39. 40. DOCUMENT NO. 3. RE: NOTICE OF TAX SUITS COMMENCED; TAX SUITS DISMISSED AND RELATED SERVICES MONTH OF OCTOBER 1989 SUIT NO. Averasboro Township Breeden, Wilmer B. Brewington, Viola Carter Hobbs, Barbara Cheryl McDougald, Jr., Leslie Shaw, Corinna H. Tart's•Truck Stop $arbecue Township Beal, Gary S. & R Jaggers, Daniel M. Vernon, Eric T. & Kelly M. $lack River Township Electric Sales & Service Buckhorn Township Smith, J. A. puke Township Long, William E. Thornton, Gary P. 87 CvD 0926 n/a 89 CvD 1275 87 CvD 0757 n/a 89 CvD 1269 89 CvD 0957 89 CvD 0854 89 CvD 1106 832.25 478.14 108.85 956.10 991.57 2,180.34 736.50 3,192.93 188.65 551.74 379.24 75.00 45.00 545.46 50.00 246.40 75.00 -0- 290.00 50.00 190.00 243.00 190.00 243.20 190.00 124.45 75.00 89 CvD 0959 2,660.94 89 CvD 1016 879.67 89 CvD 0670 464.94 89 CvD 0644 1,363.56 Stewart's Creek Township Cameron, Larry 88 Elliott, John Sheryl 88 McNeill, Shirley Lee 89 CvD CvD CvD 0676 1111 0635 717.77 913.50 570.70 236.40 190.00 240.40 190.00 239.00 200.00 241.50 200.00 272.40 244.00 238.40 190.00 190.00 190.00 7O/ Upper Little River Township Campbell, Heirs of A. C. n/a 409.48 75.00 75.00 Subtotal $17,645.89 $3,911.35 $2,864.24 NOTE: * Total collected includes taxes, interest and Court costs. ** Court costs includes attorney fees allowed by Court. New Suite: Bnderson Creek Township Godfrey, George H. 89 CvD 1230 Stewart, John Patrick 89 CvD 1266 Phair, Dorothy J. 89 CvD 1271 Smith, Pearl R. Godfrey 89 CvD 1272 Bverasboro Township Hobbs, Barbara Cheryl McLamb, Peggy H. Tart's Truck Stop Collins, Shannelle Sills, Eva Mae Pope Warren, Dewey M. Olds, Donnie G. Herring, Sarah Jernigan, John W. Barbecue Township McAuley, William Gentry, Donna S. Howard, Johnny A. McAuley, Sadie Oxendine, Jr., Martin Black River Township Jones, Andrew Lanier, Mildred Howard, Sr., Graham Howard, Jr., Graham Day, Laura E. Buckhorn Township Richard H. Russell Mills, Linwood puke Township Waddell, Margie L. Johnson, Sandra 89 CvD 1275 89 CvD 1270 89 CvD 1269 89 CvD 1326 89 CvD 1327 89 CvD 1328 89 CvD 1296 89 CvD 1297 89 CvD 1308 89 CvD 1231 89 CvD 1265 89 CvD 1273 89 CvD 1325 89 CvD 1309 89 CvD 1216 89 CvD 1222 89 CvD 1226 89 CvD 1228 89 CvD 1344 89 CvD 1252 89 CvD 1274 89 CvD 1277 89 CvD 1340 Grove Township McLeod, Alvin 89 CvD 1229 Rector's Creek Township Renfrow, Cynthia 89 CvD 1343 Johnsonville Township Cameron, Luther Wayne 89 CvD 1276 Speed, Neill 89 CvD 1341 Garrett, Napoleon 89 CvD 1298 $tewart's Creek Township White, Elaine Maynor 89 CvD 1342 McLean, Leola 89 CvD 1339 Subtotal Additional Attorney's Fees: Data Explanation Tim, Oct. 1989. Research in Harnett 1.8 County Registry & Tax Office - Re: Barbara Cheryl Hobbs Tax Account TOTAL ATTORNEY'S FEE Advanced Costs: Data 10 -2 -89 10 -2 -89 10 -3 -89 10 -4 -89 10 -4 -89 10 -10 -89 10 -11 -89 10 -13 -89 10 -13 -89 10 -16 -89 Explanation Lillington Postmaster - certified mail John Elliott - 88 CvD 1111 Lillington Postmaster - certified mail J. D. Wooten - 89 CvD 0956 Lillington Postmaster - postage Graham Howard, Sr. - 89 CvD 1226 Lillington Postmaster - postage Graham Howard, Jr. - 89 CvD 1228 Lillington Postmaster - postage Alvin McLeod - 89 CvD 1229 Lillington Postmaster - postage Richard H. Russell - 89 CvD 1252 Lillington Postmaster - restricted mail Richard H. Russell - 89 CvD 1252 Lillington Postmaster - restricted mail Dorothy J. Phair - 89 CvD 1271 Lillington Postmaster - restricted mail Richard H. Russell - 89 CvD 1252 Wake County Sheriff - service fee Linwood Mills - 89 CvD 1274 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 $340.00 90.00 $3,294.24 Charae 2.20 4.20 2.70 3.60 2.10 1.40 8.40 4.20 8.40 4.00 DOCUMENT NO. 4. 10 -16 -89 Mecklenburg County Sheriff - service fee John P. Stewart - 89 CvD 1266 10 -16 -89 Lee County Sheriff - service fee Johnny Howard - 89 CvD 1273 10 -16 -89 Lillington Postmaster - postage Dorothy J. Phair - 89 CvD 1271. 10 -16 -89 Lillington Postmaster - postage Peggy H. McLamb - 89 CvD 1270 10 -16 -89 Lillington Postmaster - postage Linwood Mills - 89 CvD 1274 . 10 -16 -89 Lillington Postmaster - postage Johnny Howard - 89 CvD 1273 10 -16 -89 Lillington Postmaster - postage John Patrick Stewart - 89 CvD 1266 10 -19 -89 Lillington Postmaster - postage Napoleon Garrett - 89 CvD 1298 10 -19 -89 Lillington Postmaster - postage Donnie G. Olds -89 CvD 1296 10 -19 -89 ° Lillington Postmaster - postage Sarah Herring - 89 CvD 1297 10 -19 -89 Lillington Postmaster - certified mail Gilbert Swann - 89 CvD 1021 10 -20 -89 Lillington Postmaster - postage John. W. Jernigan - 89 CvD 1308 10-23-89 Lillington Postmaster - restricted mail Martin L. Oxendine, Jr. - 89 CvD 1309 10 -23 -89 Lillington Postmaster - postage Martin L. Oxendine, Jr. - 89 CvD 1309 10 -26 -89 Lillington Postmaster - certified mail Rebekah Jones- 89 CvD 0632 10 -27 -89 Sampson County Sheriff - service fee Dewey M. Warren - 89 CvD 1328 10 -27 -89 Lillington Postmaster - postage Sadie McAuley - 89 CvD 1325 10 -27 -89 Lillington Postmaster - postage Dewey M. Warren - 89 CvD 1328 10 -30 -89 Lillington Postmaster - postage Laura E. Day - 89 CvD 1344 10 -30 -89 Lillington Postmaster - postage Cynthia Renfrow - 89 CvD 1343 10 -30 -89 Lillington Postmaster - postage Shannelle Collins - 89 CvD 1326 10 -30 -89 Lillington Postmaster - postage Elaine Maynor White - 89 CvD 1342 10 -30 -89 Cumberland County Sheriff - service Shannell Collins - 89 CvD 1326 10 -30 -89 Lillington Postmaster - restricted mail Sandra Johnson - 89 CvD 1340 Total Advanced Costs BALANCE DUE ada/477e7441/4 E. Marshall Woo all Post Office Box 39 Lillington, NC 27546 Telephone: (919) 893 -5191 NORTH CAROLINA, 4.00 8.00 3.50 1.40 .45 .65 .45 1.40 1.40 1.40 2.20 .70 12.80 2.30 4.00 4.00 .65 .45 1.40 1.40 .45 4.20 4.00 8.40 $110.80 $3,405.04 RESOLUTION ACCEPTING BID OF ONE NEW HARNETT COUNTY. ELEVATING SCRAPER THAT WHEREAS, the County of Harnett has heretofore solicited bide in connection with a New Elevating Scraper to be acquired for use by the Harnett County Landfill Department ; and WHEREAS, said bids were solicited pursuant to the General Statutes of the State of North Carolina and all bid solicitation requirements have been with; and WHEREAS, bide were received by the County of Harnett in response to such solicitation of bids; and WHEREAS, said bids were delivered to the Harnett County Office Building on Front Street, Lillington, N. C., where they were opened, read aloud, and evaluated; and 703 DOCUMENT NO. 5. WHEREAS, the County of Harnett has determined that Gregory Poole Equipment Company has submitted the lowest bid which meets the bid requireaenta and that Gregory Poole Equipment Company is the lowest responsible bidder, taking into consideration quality, performance and other requirements specified by the bid solicitation process conducted by the County of Harnett; and WHEREAS, the Harnett County Board of Commissioners, meeting in regular session on November 6, 1989 has reviewed the proposals submitted by all bidders and has concluded that the contract to provide One New Elevating Scraper for the above referenced County Department should be awarded to Gregory Poole Equipment Company. NOW , THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners, upon motion duly cads, seconded and adopted, that the bid of Gregory Poole Equipment Company in the asount of ONE HUNDRED TEN THOUSAND, NINE HUNDRED NINETY TWO AND 80/100 DOLLARS (0110,992.80) to provide a Now Elevating Scraper shall be and same is hereby accepted, the contract for such shall be awarded by the County of Harnett to Gregory Poole Equipment Company, and the appropriate officials of the County of Harnett shall be and they are hereby directed to notify Gregory Poole Equipment Company of the acceptance of its bid and execute any appropriate contracts in connection therewith. This 6th day of November , 1989. HARNETT COUNTY NORTH CAROLINA HARNETT COUNTY BOARD OF COMMISSIONERS RESOLUTION THAT WHEREAS, THE COUNTY OF HRRNETT has personal property valued at less than $10,000 which it desires to offer for sale through private negotiation; and WHEREAS, G. S. 160A -266 and 267 permits the sale of personal property through private negotiation and sale. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS that the below listed items shall be offered for sale through the private negotiation and sale procedures: TEXAS INSTRUMENT COMPUTER EQUIPMENT: 1. Terminal 2. Terminal 3. Terminal 4. Terminal 5. Keyboard 6. Keyboard 7. Keyboard 8. Keyboard 9. 810 Printer 10. 810 Printer 11. Central Processing Unit (CPU) 12. Disk Drive (DS80) 13. Disk Drive (DS80) 14. Disk Drive (DS80) 15. Magnetic Tape Drive 16. International Data Sciences Modem 17. International Data Sciences Modem 18. International Data Sciences Modem 19. International Data Sciences Modem Serial Number 1964240075 Serial Number 1964240105 Serial Number 1964240158 Serial Number 3264240549 Serial Number 3800050405 Serial Number 1200042637 Serial Number 1700043958 Serial Number 1700043951 Serial Number 2481567262 Serial Number 2481567265 Serial Number 2066840002 Serial Number 2034940003 Serial Number 0234902005 Serial Number 203494004 Serial Number 03737 Serial Number 0049395 Serial Number 0049488 Serial Number 0049487 Serial Number 0049396 The County Manager is hereby authorised to dispose of the above listed personal property through private negotiation and sale. Duly Adopted this the 6th day of November, Nineteen Hundred and Eighty Nine. F 0T' 600k Alu.nibm- /7 HARNETT COUNTY BOARD OF (;OMMISSIONERS