11031980496
CALL TO ORDER
PRAYER
MINUTES APPROVED
DON DUPREE, DOT
RESOLUTION RE:
PATE ROAD
BOB ETHERIDGE
HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, NOVEMBER 3, 1980
The Harnett County Board of Commissioners met in regular session on
Monday, November 3, 1980, in the Commissioners Room, County Office
Building, Lillington, North Carolina, with the following members
present: Lloyd G. Stewart, M. H. Brock, Bill Shaw, Rudy Collins,
and Chairman Jesse Alphin presiding. H. D. Carson, Jr.; Clerk to
the Board, and Edward H. McCormick, County Attorney, were also
present.
Chairman Jesse Alphin called the meeting to order at 9 :15 a.m.
Sheriff Lewis Rosser led the morning prayer.
The minutes from the Harnett County Board of Commissioners meeting
of October 20, 1980, were approved as read.
Don Dupree, District Engineer.with the North Carolina Department o
Transportation, appeared before the Board to discuss road matters
and situations in Harnett County.
Commissioner Shaw moved the adoption of the following resolution
adding Pate Road to the State Highway System. Commissioner Stewar
seconded the motion and the issue carried:
Whereas, Pate Road, located in Western Harnett County, connects SR 1117 and
SR 1116; and
Whereas, this road is 1.10 miles in length; and
Whereas, the residents on Pate Road have petitioned the Harnett County Board of
Commissioners to Upgrade this Road; and
Whereas, the Harnett County Board of Commissioners have requested the North
Carolina Department of Transportation to add Pate Road to the State Highway
System as a Substandard Subdivision Road; and
Whereas, the upgrading of Pate Road will be Funded with Secondary Construction
Monies.
Now, Therefore, Be It Resolved that the Harnett County Board of Commissioners
approved the Addition of Pate Raod to the State Highway System for Maintenance.
Done This Third day of November, Nineteen Hundred and Eighty.
Bob Etheridge, Representative with the North Carolina House,
appeared before the Board to discuss legislative matters regarding
local government.
CONTRACT OF EMPLOY- Commissioner Brock made a motion that the County enter into the
MENT BETWEEN IV -D following contract of employment between the Harnett County
AND WOODALL (&- MCCOR- Department of Social Services, IV -D Division, and the law firm of
MICK Woodall & McCormick, P.A. Commissioner Shaw seconded the motion
and the issue carried.
STATE OF NORTH CAROLINA
COUNTY OF HARNETT CONTRACT OF EMPLOYMENT
THIS CONTRACT made and entered into this the first day of July, 1980, by
and between the Harnett County Department of Social Services, IV -D Division,
party of the first part, and the law firm of Woodall & McCormick, P. A., party
of the second part;
I T N E S S E T T H:
THAT WHEREAS, the party of the first part desires to employ said party
of the second part as its counselors at law for the County of Harnett upon the
following terms:
1. This Contract shall begin on the first day of July, 1980, and shall
exist and continue until terminated at will upon thirty (30) days notice of
either party.
2. Said party of the second part, upon reasonable notice, is to be avail-
able for consultation, legal advice and representation on all legal matters
arising from the duites of the Party of the first part under Sections 128 throu
140 of Chapter 110 of the North Carolina General Statutes and Title 42 of the
United States Code, Sections 651 through 660 and the federal regulations
lawfully promulgated pursuant thereto.
3. Said party of the second part agrees to comply with all the require-
ments of. sections 128 through 140 Chapter 110 of the North Carolina General
Statutes, Title 42 of the United States Code, Sections 651 through 660, and the
regulations promulgated pursuant thereto relating to the performance of
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program legal services including, but not limited to, maintaining such records as
are required by the party of the first part, to make said records available for
federal or state audit if required, and to make financial, statistical, and
program progress reports as are required.
4. For its services under this contract, the party of the first part agrees
to pay the party of the second part Forty Dollars ($40.00) per hour for each hour
spent by the party of the second part providing legal services under the Child
Support Enforcement Program of the North Carolina Department of Human Resources.
Such hourly rate shall encompass all expenses, including but not limited to,
those for salary, supplies, office space, heating and maintenance for office
space, telephone service, long distance telephone calls and travel. The party
of the second part is not to be reimbursed for an extraordinary expense incident
to performing the services included under this agreement; except, that the party
of the first part agrees to pay all court costs and filing fees which are required
to be paid in conjunction with services provided by the party of the second part
under this agreement.
ORDINANCE REGUL-
ATING THE USE OF
WATER AND SEWER
FACILITIES OPER-
ATED BY THE COUNTY
OF HARNETT
IN TESTIMONY WHEREOF said parties have executed this contract in triplicate
originals, one of which is to be retained by the party of the first part, one of
which is to be retained by the party of the second part, and one of which is to
be filed with the Child Support Enforcement Section, Division of Social Services,
Department of Human Resources, Raleigh, North Carolina.
Rodney Tart, Director of the Northeast Metropolitan Water District,
appeared before the Board and presented an ordinance entitled: "An
Ordinance Regulating the Use of Water and Sewer Facilities Operated
by the County of Harnett Fixing Rents, Rates, Fees, and other
Services for Providing for the Collection of the Same" for the Board's
consideration. Commissioner Brock introduced the following ordinance
AN ORDINANCE REGULATING THE USE OF WATER AND SEWER FACILITIES OPERATED BY THE
COUNTY OF HARNETT FIXING RENTS, RATES, FEES AND OTHER CHARGES AND PROVIDING FOR
COLLECTION OF SAME
BE IT ORDAINED BY THE COUNTY BOARD OF COMMISSIONERS OF HARNETT COUNTY.
Section 1. Authority.
This ordinance is adopted pursuant to North Carolina General Statute 153A -275
and for the purpose of providing adequate and reasonable rules and regulations to
protect and regulate water supply and distribution systems owned or operated by
the county of Harnett. The ordinance is also adopted pursuant to North Carolina
General Statute 153A -277 for the purpose of establishing a schedule of rents,
rates, fees, charges and penalties for the use of and services furnished by
water supply and distribution systems owned or operated by the County of Harnett.
Section 2. Definitions.
Building is a structure as defined in the Building Code.
Connection is that part of the water service line which runs from the main to
the property line, including all appurtenances to make the service complete
and ready for use.
Consumer is the person legally or equitably responsible for the payment of
charges for water or sewer rent on any premises.
Improved Street is any street having a wearing surface of concrete, brick,
stone block, asphalt, or any bituminous compound.
Lateral is that portion of the water connection which does not include meter,
box or meter setter or connection.
Service Lines is a water line which may service a house, business, apartments,
etc. which runs from the street to the establishment being served.
Easement shall mean an acquired legal right for the specific use of land
owned by others.
Controlled By is owned, operated or leased by.
May is permissive (see "shall ").
Shall is mandatory (see "may ").
Main is the water pipe usually laid in a
property line which distributes water or
Occupant is the consumer who is actually
premises.
Owner is the person having legal or equitable title to any premises
street running parallel to the
collects sewage.
in possession of control of any
498
Person is an individual, firm, association, partnership, or corporation.
Premises is land, building, or other structure and appurtenances thereto.
Unusual Conditions to mean delays in acquiring materials, parts and (or)
supplies, rock encountered in 'construction and other items which might cause
delays not under the control of the County.
Section 3. Water Laterals and Tap -On.
Water laterals will be installed only at the request of the Owner or his agent.
When the lateral terminates at the property line, the meter shall not be set and
later 'shall not be - -used until the owner. of the property or, his agent applies for
service.
Section 4. Connection To Be Made By County Only Upon Application.
The construction of water laterals within the street right -of -way and the
setting of meters shall be the responsibility of the County of Harnett. The
construction of such lateral or the setting of such meter shall be done only after
the written application therefor has been approved. The only exception to this
provision will be when laterals and meter yokes are installed by developer's con -
tractors in new subdivisions in compliance with these Rules and Regulations as
shall be established by the County of Harnett from time to time.
Section 5. Application for Connection.
Every application for water service shall list, on forms provided by the County
of Harnett, the property owner, the applicant's name, the street on which the lot
is located, the number of the house or a description of the lot location, the number
of all types of fixtures planned in the building now and proposed for the future,
the distance .. from the property line where service comes from the street to the
furthermost point of the building as planned, and the name of the plumber who will
do the work. This application shall be filed not less than ten days before the
proposed connection is desired. Unusual conditions may be just cause for additional
time in providing the services required. When the size of the service and the cost
of the connection have been determined, the applicant shall deposit the previously
determined cost and shall be issued a permit for the desired connection. The
County of Harnett shall have responsibility for the design of a sprinkler or other
fire protection system. Application for a connection to serve such a system shall
be made exactly as outlined above except that the size of the connection desired
shall be placed upon the application and installation shall be made subject to
securing required parts and materials.
Section 6. Disapproval of Application.
If, in the opinion of the County through its duly, constituted authority, the
water connection applied for will be of such size or character as to put too great
a demand on any part of the system and disrupt the County's ordinary water service
(500 GPM at 20 PSI residual plus normal service requirements), it shall disapprove
the application until such time as adequate means are provided by the applicant .
to eliminate the unsatisfactory condition. If, at any time, changes are made
by a consumer in his service requirements so as to create an unsatisfactory condi-
tion in the County's water service, the County shall require the consumer to adopt
remedial measures to eliminate the unsatisfactory condition. The County shall not in
any way be responsible for any cost or inconvenience caused by a. change in service
requirements after an application has been approved, or by an installation before
the application has been approved.
Section 7. Separate Water and Sewer Connections and Meters Required.
Each building shall have a separate meter, and where practicable shall have a
separate water lateral. In the event that one lateral is used for two dwellings,
commercial or industrial buildings, or used to serve two or more meters for the
same dwelling, commercial or industrial buildings, a separate cut -off shall be
provided for each meter.. However, there shall be an exception to the requirement
for separate water meters in the case of groups of mobile homes or apartment
developments under single ownership. In the case of said groups of mobile homes
or apartment developments of more than ten (10) unites, one meter shall be
used for the entire project unless additional meters are deemed necessary by the
proper County authority, and the following conditions shall be met:
(a) Bills will be rendered to Owner of the property.
(b) The bill will be calculated by a minimum charge for the master meter and
for each of the total number of units included thereafter, and calculating
the remaining billbased on the total consumption passing through the
master meter above the minimum; provided, however, owners of ten or fewer
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499.
multiple units may elect to have water metered directly to each unit and the
charge therefore billed directly to the user in each unit.
(c) Should any portion of the development be sold, the owners shall be responsible for
paying whatever additional costs would be involved inbringing the divided develop-
ment into compliance with this article.
In the case of group mobile homes or apartment developments where ten or fewer units are
involved, and where ownership is in one party, the owner may elect to have a single mete_
used for the entire project. Where such election is made the owner shall comply with
the conditions set forth as (a), (b), and (c) set forth in the paragraph above.
Section 8. Connections and Meters to Remain Property of the County.
All meters, boxes, pipes and other equipment furnished and installed by the County
in a water or sewer connection shall remain the property of the County. If, after an
installation is completed, the property owner requests that a meter or lateral be
changed in size and this request is approved by the County, the property owner shall
pay for the change of lateral as though it were a new connection and shall pay or be
refunded the difference of the cost of meters in the original and new installations
according to the then current price of the two meters.
Section 9. Maintenance of Meters and Connections.
All meters and water laterals shall be maintained by the County at the County's
expense, except meters required by paragraph 2.
Section 10. Connection to Other Than Metro - District Supply.
No part of the County's water system shall be connected to any source of water
supply other than those authorized by official action of the County Board of Commis-
sioners. If, on any premises, both County water and water from any other source
are used, the piping shall be completely separate. Pipes carrying water from a source
other than the County's supply shall be painted yellow.
Section 11. When Water Meters Read.
All water meters on water systems controlled by the County shall be read monthly.
Section 12. Adjustment of Overcharges.
The County shall have the authority to adjust any water bill after determining
that the water bill is excessive, upon the following conditions:
(a) If the cause is a defect in a water meter, the water bill shall be reduced
by fifty percent (50 %) of the amount by which it exceeds one and one -half
(12) times the average water bill for the preceding three (3) months.
(b) If the cause is of an undetermined origin, and it does not appear upon
investigation that the occupant or occupants of the premises served were in
any way at fault for the excessive water bill, the adjusted bill shall be
calculated the same as in (a) of this rule.
(c) All metered water lost due to negligence on the part of the user will be
charged at the normal rate, and no adjustment of the bill shall be made.
Section 13. Meter Tests.
Any consumer may have a test of his water meter made upon payment in advance of a
fee of actual cost of the test for any size meter. A deposit for the estimated cost
of the test is required before such test is conducted. If the consumption shown on
the meter in question is greater than twice the average consumption for the preceding
six months, the fee for testing the meter shall be waived. Since the most accurate
water meters suitable for general use require a margin of approximately two and one -
half percent for error, any meter which shows upon test an error not greater than two
and one -half percent shall not be considered defective. If the meter is found to be
over - registering in excess of two and one -half percent, refund shall be made in accord-
ance with Article 12 (a) above, and the deposit paid for the test shall be refunded.
Section 14. Water for Circuses and Other Similar Temporary Users.
Water from a hydrant will be furnished any circus, road show, carnival, fair or
other similar temporary user at a per diem rate to be paid in advance and to be deter-
mined by the County upon the basis of the estimated quantity needed. When water is
thus to be furnished, a temporary metered connection (all provisions apply) will record
the usage during the hours specified by the County at the service designated for such
purpose. The service period expires when notification is given the County department
head who manages the water system. The meters will be read, and a bill rendered for
any unpaid balance or refund made to consumer for any overpayment.
Section 15. Water for Building Purposes.
0
Portable meters for connection to fire hydrants may be furnished by the
County after an application and a deposit of $75 (minimum) has been filed with
the County water department. The actual deposit shall be as determined by the
County, but in no case shall the deposit exceed the cost of meter, materials,
and installation cost thereof. The applicant shall be responsible for any
damage to the hydrant, meter, connections etc., used in the installation and
the cost of any such damage shall be taken from the deposit. A service charge
equal to the then minimum monthly water bill rate for each month or part
thereof shall be made for a temporary meter in addition to the cost of the
water used through such meter. After deducting the water bill, service charge
and any cost of damage to the installation, the County shall refund the balance
of the deposit to the applicant as soon as the meter is removed and returned
to the County's stock. While in use, no wrench shall be used on the hydrant
except a hydrant wrench furnished by the County. If scarred by unauthorized
methods, the cost of nut and labor to repair shall be charged to person
responsible. Should the water bill, service charge and cost of damage exceed
the deposit the user shall pay the amount of such excess to the County.
Section 16. Tampering with Meters and Stopcocks.
No person, except a duly authorized employee of the County, shall turn the
stopcock installed in each meter box nor shall any person construct or have
constructed any bypass around any meter except as may be installed and sealed
by the County. The fact that water is cut on to any premises by an occupant
thereof without the prior knowledge of either the County or the Owner shall
not relieve such premises of liability for such unauthorized use of water.
Section 17. No Guarantee of Quality , -;Quantity;` -or Pressure' -of- -Water Supply.
Notice to be Given When Water Is To Be Cut Off.
The County does not guarantee the quality, quantity or pressure of its
water supply. It is hereby made a portion of the terms on which the County
furnished water to consumers that the County °shall in no case be liable to
any consumer for any defect on quality or any deficiency in quantity or pres-
sure; that the County shall not be liable to any consumer for damages result-
ing from the complete or partial cutting off of water; and no deduction shall
be made from any water bill by reason of any such defect or deficiency. In
every case where particable, amply notice by the best means available shall be
given when the water is to be cut off from any portion of a water system
controlled by the County. No County employee shall take responsibility for
telling a property owner or occupant how best to care for his boiler, heater,
or other equipment which is affected by the discontinuance, either temporary
or permanent, or his water supply. The owner or occupant shall be entirely
responsible for his equipment and shall hold the County in no way responsible
for damage thereof.
Section 18. Protection of Water Supply.
No person shall contaminate any portion of the County's water supply
whether the same is in a reservoir, or tank, or pipe.
Section 19. Repealing Clause.
All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed. If any section, paragraph, subdivision, clause or pro-
vision of this ordinance shall be adjudged invalid, such adjudication shall
apply only tosuch section, paragraph, subdivision, clause or provision so
adjudged, and the remainder of this ordinance shall be deemed valid and effect-
ive.
Section 20. Procedures.
(a) Service will be supplied only to those who apply.
(b) Users will make application for service, in person, at the office of
the County department managing the water system and at the same
time make the deposit guarantee required below.
(c) The County may reject any application for service not available
under a standard rate or which involves excessive service cost, or
which may affect the supply of service to other customers or for
other good and sufficient reasons.
(d) The County may reject any application for service when the applicant
is delinquent in payment of any bills incurred for service or con-
nection fees previously supplied at any location, provided that when
the Owner of the premises has been served water and has not paid for
the same, the County shall not be required to render service to
anyone at said location where the water was used until said water
bill has been paid.
(e) All users who own real estate within the County will make a minimum
cash deposit of $10. All other users shall make a minimum cash
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deposit of $25. Deposits shall not draw interest. All users who qualify as
commercial users under the then current rate structure shall be exempt from
this deposit requirement.
(f) The individual in whose name the deposit is made shall be responsible for pay-
ment of all bills incurred in connection with the service furnished.
(8)
A separate deposit is required for each meter and /or service connection request-
ed.
(h) The deposit receipt is not negotiable and can be redeemed only at the proper
County office to be designated from time to time.
(i) The deposit required by Rules & Regulations or part remaining thereof will be
refunded upon payment of final bill and final accounting.
Section 21. Initial or Minimum Charge.
(a) The initial or minimum charge, as provided in the rate schedule, shall be made
for each meter installed, regardless of location. Each meter requires a separate
meter reading sheet, and each meter reading sheet shall cover a separate and
individual account.
(b) In resort or seasonal areas where service is furnished to a consumer during
certain months only, the minimum charge per service for the period of non -use
shall be the regular minimum as set out in the published rates of the County.
(c) Water furnished for a given lot shall be used on that lot only. Each consumer's
service must be separately metered at a single delivery and metering point.
Each commercial unit and each storeroom or stall used for business purposes
shall have a separate meter. All commercial use including storerooms and stalls
for business purposes shall be metered separately from any residential use and
vice versa, whether now in service or to be installed in the future.
Section 22. County's Responsibility And Liability.
(a) The County shall run a service line from its distribution line to the property
line where the distribution line runs immediately adjacent and parallel to the
property to be served, and for which a tap -on fee, fee -in -lieu of assessment,
and acreage charge then in effect for each size of meter will be charged.
(b) The County may install a meter at the property line or, at the County's option,
on the consumers property or in a location mutually agreed upon.
(c) When two or more meters are to be installed on the same premises for different
consumers, they shall be closely grouped and each clearly designated to which
consumer it applies. -
(d) The County does not assume the responsibility of inspecting the consumer's pip-
ing or apparatus and will not be responsible therefor.
(e) The County reserves the right to refuse service unless the consumer's lines or
piping are installed in such manner as to prevent cross - connections or backflow.
(f) The County shall not be liable for damage of any kind whatsoever resulting from
water or the use of water on the consumer's premises, unless such damage results
directly from negligence on the part of the County. The County shall not be
responsible for any damage done by or resulting from any defect in the piping,
fixtures, or appliances on the consumer's premises. The County shall not be
responsible for negligence of third persons or forces beyond the control of the
County resulting in any interruption of service.
(g) Under normal conditions, the consumer will be notified of any anticipated in-
terruption of service.
Section 23. Consumers Responsibility.
(a) Piping on the consumer's premises must be so arranged that the connections are
conveniently located with respect to the County's lines or mains.
(b) If the consumer's piping on consumer's premises is so arranged that the County
is called upon to provide additional meter, each place of metering will be con-
sidered as a separate and individual account.
(c) Where meter is placed on premises of a consumer, a suitable place shall be pro-
vided by consumer for placing such meter, unobstructed and accessible at all
times to the meter reader.
5
(d) The consumer shall furnish and maintain the service line on the consu-
mer's side of the meter; the County to provide a like service on the
County's side of such meter.
(e) The consumer's piping and apparatus shall be installed and maintained by
the consumer at the consumer's expense in a safe and efficient manner an
in accordance with the County's rules and regulations and ordinances and
in full compliance with the sanitary regulations of the North Carolina
State Board of Health.
(f) The consumer shall guarantee proper protection for all property control-
led by Harnett County and placed on the consumer's premises by the Count
or any predecessor in interest to the County and shall permit access to
it only by authorized representatives of the County.
(g) In the event that any loss or damage to such property or any accident or
injury to persons or property is caused by or results from the negligence
or wrongful act of the consumer, his agents, or employees, the cost of
the necessary repairs or replacements shall be paid by the consumer to
the County and any liability otherwise resulting shall be assumed by the
consumer.
(h) The amount of such loss or damage or the cost of repairs shall be added
to the consumer's bill; and if not paid, service may be discontinued by
the County.
Section 24. Access To Premises.
(a) Duly authorized agents of the County shall have access at all reasonable
hours to the premises of the consumer for the purpose of installing or
removing property controlled by Harnett County, inspecting piping, read-
ing or testing meters, or for any other purpose in connection with the
County's service and facilities.
Section 25. Change Of Occupancy.
(a) Not less than three days notice must be given in person or in writing to
discontinue service for a change in occupancy. Such notice shall be
given at the County office which has responsibility for management of
water and sewer systems.
(b) The outgoing party shall be responsible for all water consumed up to the
time of departure or the time specified for departure, whichever period
is longest.
Section 26. Suspension Of Service.
(a) Services may be discontinued at the request of the consumer. When ser-
vices are discontinued and all bills paid, the deposit will be refunded
in accordance with the articles of these Rules and Regulations.
(b) Services may also be discontinued by the County to any customer whose
account remains delinquent for more than ten (10) days. The deposit
will be applied by the County toward settlement of the account. Any
balance will be refunded to the consumer; but if the deposit is not
sufficient to cover the bill, the County may proceed to collect the
balance in the usual way provided by law for the collection of debts.
(c) Service discontinued for non - payment of bills at the request of consumer
will be restored only after bills are paid in full, and a service charge
of$25 paid for each meter reconnected except as set forth hereafter.
The consumer being reconnected must also make the required deposit.
(d) After a connection has been discontinued for a period of twelve consecu-
tive months the County may remove the meter base, meter, curb stop
valve, meter box and service line for use elsewhere or for storage.
(e) At any time after the meter base, meter, curb stop valve and meter box
have been removed in addition to the service charge set forth in sub-
section (c) above an additional service charge equal to the then
current tap -on -fee shall be paid as a reconnection fee. Also the con-
sumer must make the required deposit.
(f) The County reserves the right to discontinue its service without notice
for the following additional reasons:
1. To prevent fraud or abuse.
2. Consumers willful disregard for the County's rules and ordinances.
3. Emergency repairs.
4. Insufficiency of supply due to circumstances beyond the County's
control.
5. Legal Processes.
6. Direction of public authorities.
7. Strike, riot, fire, flood, accident, or any unavoidable cause.
(g) The County may, in addition to prosecution by law, permanently refuse
service to any consumer who tampers with a meter or other measuring
device.
(h) The Northeast Metropolitan Water District of Harnett County gave a privi-
lege for early connection to the water system to every property owner or
resident within the Metro District as the water mains were installed.
From time to time the County may give privileges for connections at re-
duced amounts in order to encourage additional hookups to increase revenue
Any consumer who takes advantage of a reduced connection will be respon-
sible for paying minimum monthly water bills whether or not water is
actually used until such time as the reduced connection fee charged plus
all monthly minimum water bills charged equal the then current charge
for tap -on connection (including fee -in -lieu of assessment charges). The
consumer shall remain liable for minimum monthly bills thereafter until
he has notified the County in accordance with other provisions of this
ordinance that he desires to stop his service.
Section 27. Complaints - Adjustments.
(a) If the consumer believes his bill to be in error, he shall present his
claim, in person, at the office of the County department managing the
water system before the bill becomes delinquent. Such claim if made after
the bill has become delinquent shall not be effective in preventing dis-
continuance of service as heretofore provided. The consumer may pay such
bill under protest, and said payment shall notprejudice his claim.
(b) The County will make special meter readings at the request of the consumer
for a fee of $5 provided, however, that if such special reading discloses
that the meter was overread, or in error in any way, the fee will be re-
funded.
(c) Meters will be tested at the request of the consumer upon payment to the
County of the actual cost to the County of making the test provided, how-
ever, that if the meter is found to overregister or underregister beyond
two and one -half per centum (21) of the correct volume, no charge will be
made.
(d) If the seal of the meter is broken by other than the County's representa-
tive, or if the meter fails to register correctly, or is stopped for any
cause, the consumer shall pay an amount estimated from the record of his
previous bills and /or from other proper data.
No modification of rates or any of the rules and regulations shall be made
by any employee of the County.
Section 28. Classifications, Rates, Fees and Charges.
The following classifications, rates, fees, assessments and charges are adopter
(a) Classification of Service.
All services are classified under two categories to include residential or
commercial users. A residential service is a service requiring a meter
size up to and including one inch. All other service shall be commercial.
(b) Rate Schedules.
(1) Residential:
Water Schedule
Monthly
First 2,000 gallons (minimum) $6
504
(c)
Next 3,000 gallons
Next 5,000 gallons
Next 10,000 gallons
Next 15,000 gallons
Next 15,000 gallons
Next 50,000 gallons
$2/M
$1.50 /M
$1.00 /M
$0.80/M
$0.70 /M
$0.50/M
(2) Commercial:
$7.50 per month minimum service charge plus $0.50 per 1,000
gallons for all water used. In cases where two inch connec -i_
tion and above are to be installed the County may require that
the consumer guarantee a minimum usage allocation and pay for
same whether used or not.
Note: In the case of groups of mobile homes or apartment de-
velopments which have single meters as authorized or required
by Section 7 hereof the charge shall be calculated as follows:
the standard minimum charge then in effect for commercial
users and a minimum charge of $5 per month for all units con-
nected to thereafter whether in use or not. In addition,
there shall be a charge of 50 per thousand gallons of water
used in excess of a number of gallons to be computed by multi-
plying the number of units served through the master meter
whether said units are in use or not times 2000.
Tap -On -Fees.
If water laterals are installed by the County or County's contrac-
tor, the tap -on fees shall be $175. This fee shall apply to
three - fourths inch meter size residential services only. All other
connections tap -on -fees shall be cost of installation and mate-
rials plus twenty (20) percent.
(d) Fee -In- Lieu -Of Assessment.
$350 Per Residential Connection.
(e) Front Foot Assessments.
$3.30 per foot (All connections other than residential).
Footage Schedule
(f)
(g)
11/2" connection up to
2" connection up to
3" connection up to
4" connection up to
6" connection up to
8" connection up to
amaximum of 300 feet.
a maximum of 400 feet.
a maximum of 500 feet.
a maximum of 800 feet.
a maximum of 1,000 feet.
a maximum of 1,200 feet.
Larger connections including connections to incorpo
lities by negotiations as may be appropriate.
Fire Protection Charges.
Services
Stanby Fire Plugs
6" Sprinkler Connection
8" Sprinkler Connection
12" Sprinkler Connection
Others
Master Meter Connection Fee.
The master, meter
(20) percent.
(h) Rates for persons
connection fee
living outside
Charges
ated municipa-
$5 /month each added to water bil-
ling, plus cost of installation
and materials
$10 /month, plus cost of
tion and materials
$25 /month, plus cost of
tion and materials
$100 /month, plus cost of
tion and materials
Negotiated
installa-
installa-
install&-
is cost of materials, plus
the ):District.
twenty
Rates for persons living outside the Northeastern Metropolitan
Water District of Harnett County shall be equal to rates for
ACTION
NOISE ORDINANCE
persons living inside the District so long as no tax is levied within the
District for support of the system; if a tax is levied on users inside
the water District for the purpose of supporting the water system, then
the users outside the District shall pay an increased rate as established
by the County from time to time. In setting such increased rate, the
County will take into consideration the rate paid by persons inside the
Metro - District plus taxes levied on them for support of the water system.
Upon motion of Commissioner Collins, seconded by Commissiona=
Shaw the foregoing ordinance entitled: "AN ORDINANCE REGULAT-
ING THE USE OF WATER AND SEWER FACILITIES OPERATED BY THE
COUNTY OF HARNETT FIXING RENT, RATES, FEES, AND OTHER CHARGES
FOR PROVIDING FOR COLLECTION OF SAME" was passed by the
following vote: Ayes: Commissioners M. H. Brock, Lloyd G.
Stewart, Bill Shaw, Rudy Collins, and Chairman Jesse Alphin
Noes: None
Sheriff Lewis Rosser appeared before the Board and presented
an ordinance entitled: "ORDINANCE PROHIBITING THE PRODUCTION
OR EMISSION OF NOISES OR AMPLIFIED SPEECH, MUSIC OR OTHER
SOUNDS THAT TEND TO ANNOY, DISTURB OR FRIGHTEN CITIZENS OF
THE COUNTY." Commissioner Stewart introduced the following
Ordinance:
AN ORDINANCE PROHIBITING THE PRODUCTION OR EMISSION OF NOISE OR AMPLIFIED
SPEECH, MUSIC OR OTHER SOUNDS THAT TEND TO ANNOY, DISTURB OR FRIGHTEN
CITIZENS OF THE COUNTY
BE IT ORDAINED BY THE COUNTY BOARD OF COMMISSIONERS OF HARNETT COUNTY.
Section 1. Authority.
This Ordinance is adopted pursuant to North Carolina General Statute
153A -133 and for the purpose of prohibiting the production or emission
of noises or amplified speech, music or other sounds that tend to annoy,
disturb or frighten citizens of this county.
Section 2. Day Time Noises.
Subject to the provisision of this Ordinance, the creation of any
unreasonably loud, disturbing and unnecessary noise in Harnett County
between the hours of 7:00 a.m. and 10:00 p.m. (EST or EDT whichever is
then in effect) within one hundred (100) yards of a: dwelling unit, house,
trailer, or other building ordinarily occupied by another person, when
such person who owns or is in control of such building has not given
prior consent, or within twenty five (25) yards of a publicly maintained
road or public vehicular area, is prohibited.
Section 3. Night Time Noises.
Subject to the provisions of this Ordinance, the creation of any
unreasonably loud, disturbing and unnecessary noise in Harnett County
between the hours of 10:00 p.m. and 7:00 a.m. the following morning
(EST or EDT whichever is then in effect) within three hundred (300) yards
of any dwelling unit, house, trailer, or building ordinarily occupied by
another person, when such person who owns or is in control of such
building has not given prior consent; or within twenty five (25) yards
of a publicly maintained highway or public vehicular area, is prohibited.
Section 4. Noises Detrimental to Life or Health.
Noise of such character, intensity and duration as to be detrimental
to the life or health of any individual is prohibited within Harnett
County no matter what the distance or source of such noise is from any
dwelling unit, house, trailer, or building occupied by such other person,
unless the person in control of such unit, house, trailer, or building
has given specific consent for such noise to continue.
Section 5. Noises Expressly Prohibited.
The following acts, among others, are declared to be loud, disturb-
ing and unnecessary noises in violation of this Ordinance, but said
enumeration shall not be deemed to be exclusive, namely;
(a) Blowing Horns: The sounding of any horn or signal on any
automobile, motorcycle, bus, or other vehicle, except as a
danger signal, so as to create any unreasonably loud or harsh
X06
ACTION
sound, or the sounding of such device for an unnecessary and
unreasonable period of time.
(b) Radios, Phonographs, etc.: The playing of any radio, phonograph, or
other musical instrument in such manner or with such volume, as to
unreasonably annoy or disturb the quiet, comfort, or repose of any
persons in any dwelling, unit, house, trailer, building or other
type of residence.
(c) Pets: The keeping of any animal or bird, which, by causing frequent
or long continued noise, shall unreasonably disturb the comfort and
repose of any person in the vicinity.
(d) Use of Vehicle: The use of any automobile, motorcycle, or vehicle
so loaded or operated in such manner as to create an unreasonably
loud or unnecessary grating, grinding, rattling or other noise,
(e) Blowing Whistles: The blowing of any steam whistle attached to any
stationary boiler, except to give notice of the time to begin or
stop work or as a warning of danger.
Section 6. Penalty.
If any person shall violate any provision, rule or regulation of this
Ordinance, he shall be guilty of a misdemeanor and upon conviction punished
as prescribed by North Carolina General Statute 14 -4. Each day that a person
shall continue to do any act in violation of such provision, rule or regulation
shall constitute a distinct and separate offense.
Section 7. Severability.
If any section, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance.
Upon motion of Commissioner Stewart, seconded by Commissioner
Collins, the foregoing ordinance entitled: "ORDINANCE PROHIBITING
THE PRODUCTION OR EMISSION OF NOISES OR AMPLIFIED SPEECH, MUSIC,
OR OTHER SOUNDS THAT TEND TO ANNOY, DISTURB OR FRIGHTEN CITIZENS
OF THE COUNTY" was passed upon the following vote: AYES: Com-
missioners Lloyd G. Stewart, M. H. Brock, Bill Shaw, Rudy Collins,
and Chairman Jesse Alphin NOES: None
DICTATION SYSTEM Sheriff Lewis Rosser appeared before the Board and presented a
FOR SHERIFF'S contract for the purchase or lease - purchase of a dictation
DEPARTMENT system for Harnett County Sheriff's Department. This system will
be utilized to record all incoming and outgoing telephone and
radio calls. Commissioner Collins made a motion that this
proposal accompanied with an additional proposal for a timing
device be brought back before the Board at its first Monday meet-
ing in December. Commissioner Shaw seconded the motion and the
issue carried.
PROGRESS REPORT
ON AIRPORT
(Hangers)
BUDGET AMENDMENT
TO METRO
(Capital Outlay)
Tony Tucker, Director of the Harnett County Planning & Development
Office, appeared before the Board and presented a progress report
on the airport project. Mr. Tucker also appeared before the
Board on behalf of the Harnett County Airport Commission and
requested the Commissioners' endorsement of the concept to allow
private construction of hangers at the airport site. Mr. Tucker
stated that the Airport Committee would come back before the
Board of Commissioners at a later date with a formal proposal
concerning the construction of hangers; but at the present time,
they only wished to have the Board's support of the concep- to
allow persons to construct private hangers. The Board indicated
their endorsement of this concept.
Rodney Tart, Director of the Northeast Metropolitan Water District
appeared before the Board and requested a budget amendment to
increase Code 30- 810 -74, Capital Outlay, in the amount of $2,400.
Commissioner Brock made a motion that Code 30- 810 -74 be amended
by $2,400. Commissioner Stewart seconded the motion and the
issue carried.
BUDGET AMENDMENT s Rodney Tart, Director of the Northeast Metropolitan Water District
TO METRO appeared before the Board and requested a budget amendment to
(Salaries & Wages) Code 30- 720 -02, Salaries & Wages in the amount of $5,055. Mr. Tar
explained that this money would be used to employ a permanent
bookkeeper, which had been working with Metro under the CETA
program. Mr. Tart informed the Board that this person's tenure
with CETA would end the middle of November Following a discus -
sion of this matter, a committee consisting of Mr. Brock, Mr. Shaw,
and Mr. Collins was appointed to determine whether or not the hir-
ing of this person was feasible.
TAX COLLECTOR'S
REPORT
TAX SUPERVISOR'S
REPORT
ACTION
STATEMENT OF
INVESTMENTS
Earl Jones, Tax Collector, appeared before the Board and presented
a report on the activities of his department for the month of
October and his plans for the month of November.
Thomas Allen, Tax Supervisor, appeared before the Board and
informed the Commissioners that at the Board of Commissioners
meeting of October 6, 1980, the Board approved a release to Ms. Iva
M. Spence in the amount of $69.00; however, Ms. Spence paid her
taxes before Mr. Allen could record the release. Therefore,
Mr. Allen requested that the Board void the release and approve a
refund to Ms. Iva M. Spence in the amount of $69.00. Commissioner
Collins made a motion to void the release to Ms. Iva Spence and
approved a refund to Ms. Spence in the amount of $69.00 for exemp-
tion to the elderly with limited income. Commissioner Shaw second-
ed the motion and the issue carried.
Mr. Allen presented a refund for the Board's consideration to
Evelyn C. McKoy, Barbecue Township, in the amout of $17.22 for land
which was double listed. Commissioner Collins made a motion to
approve this refund to Ms. McKoy in the amount of $17.22. Commi-
ssioner Shaw seconded the motion and the issue carried.
Mr. Thomas Allen presented the following releases for the Board's
consideration:
1. Lula Dennis Tutor, Buckhorn Township, exemption for the
elderly with limited income, in the amount of $69.00
2. David Campbell, Lillington Township, Exemption for the Elderly
with Limited Income,in the amount of $76.50
3. W. H. & Minnie Hicks, Anderson Creek Township, Exemption for
the Elderly with Limited Income, in the amount of $49.71
4. Nell S. Wicker, Johnsonville Township, Exemption for the Elder-
ly with Limited Income, in the amount of $46.85
5. Ross Jr., & Edna D. Layton, Exemption for the Elderly with
Limited Income, in the amount of $76.50
6. J. W. Thornton, Exemption for the Elderly with Limited Income,
in the amount of $51.16
7. Lula Mac McGregor, Johnsonville Township, Exemption for the
Elderly with Limited Income, in the amount of $39.36
8. Will & Marion McKoy, Hector's Creek Township, Exemption for
the Elderly with Limited Income, in the amount of $39.26
9. Clarence Lee & Eloise West, Averasboro Township, Exemption for
the Elderly with Limited Income, in the amount of $67.07
10. K. J. & Clara S. Cotten, Buckhorn Township, Exemption for the
Elderly with Limited Income, in the amount of $69.00
11. Lynn F. & Delia Byrd, Duke Township, Exemption for the Elderly
with Limited Income, in the amount of $66.75
12. Alvert & Geraldine Brown, Exemption for the Elderly with
Limited Income, in the amount of $66.75
13. Rebecca G. Wimberly, Black River Township, Exemption for the
Elderly with Limited Income, in the amount of $84.00
Commissioner Shaw made a motion to approve the foregoing releases.
Commissioner Stewart seconded the motion and the issue carried.
M. H. Brock, County Manager, filed a copy of the Statement of
Investments Report for the month ending October 31, 1980, with the
Board.
TRANSFER OF TITLE M. H. Brock, County Manager, informed the Board that his office
TO AMBULANCE TO had been notified by the Governor's Highway Safety Program that the
DUNN RESCUE, GHSP County was no longer accountable for the 1976 Dodge Ambulance,
Serial No. B35BD6X101256. Commissioner Brock made a motion
that the Board convey the title to this ambulance to Dunn Rescue
Inc., Commissioner Stewart seconded the motion and the issue
carried.
508
TAX ATTORNEY'S REPORT The following Tax Attorney's Report was filed with
SUITS COLLECTED, DISMISSALS, CANCELLATIONS AND EXPENSES:
Names
RESOLUTION RE:
GHSP - -CHILD RESTRAINT
DEVICES
Anderson Creek Township:
Lekman and Marie Springs
Averasboro Township.:
Preston Barbour
James Holliday, et al
Pete and Annie McNair
Conrad and Elaine Adams
Gene B. & Annabell Miller
Paul & Lois W. Neighbors
Henry & Ava Jackson
Bobby F. Parker
Roy W. Norris
Duke Township:
Annette A. Barfield
Stacy and Estelle McKay
Johnsonville Township:
Calvin C. Smith
Stewart's Creek Township:
Andrew Covington heirs
Joe Lewis and Stella Maynor
the Board:
No Suit Filed 88.96 15.00
No Suit Filed
No Suit Filed
No Suit Filed
No Suit Filed
No Suit Filed
80 -CVD -1608
80 -CVD -0883
No Suit Filed
78 -CVD -0433
47.08
135.38
488.43
553.19
386.18
1,265.73
571.53
440.02
431.56
78 -CVD -0770 424.02
77 -CVD -0367 1,096.45
15.00
15.00
15.00
15.00
15.00
40.00
40.00
15.00
90.00
40.00
90.00
77 -CVD -0551 476.43 90.00
77 -CVD -0630 486.02 40.00
77 -CVD -0692 574.36 90.00
Totals $7,465.34 $625.00
Emma Lee West, Social Worker Supervisor II with the Harnett
County Department of Social Services, appeared before the
Board and presented the following resolution in reference to
providing child restraint devices for the foster children:
Whereas, the County of Harnett hereinafter referred to as the County,
recognizes that children under the direct care of the County as wards of
the state are entitled_to full safety and health benefits available to the
County, and whereas the North Carolina Governor's Highway Safety Program
hereinafter referred to as GHSP, proposes to implement a program to assist
Counties in protecting wards of the-state against death and serious injury
in automobile accidents by making available crash- tested automobile child
restraint devices ( CRD's) to municipal Social Services caseworkers
who transport wards of the state in their automobiles and to educate., the
caseworkers as to the proper use of the CRD; PROVIDED, the County of
Harnett agrees to require that Social Service Caseworkers will secure those
wards of the state who weigh less than fifty (50) pounds in the CRD's
provided when transporting them in cars, to use the CRD's provided to the
County for a period of not less than two years, to provide ;. manpower
necessary to move the CRD's from vehicle to vehicle and location to
location within the County as needed and to provide training in the
proper installation and use of the CRD's for new caseworkers as they are
hired, to act as a child transportation safety information distribution
source within the County using information and materials provided by GHSP,
to provide a report to GHSP every three months which will include an estimate
of the frequency of use of the CRD's by the caseworkers and to provide
a yearly report which will include an inventory of the CRD's in use and
which will include a report on the condition of the CRD's based on an
inspection of each CRD, to frequently inspect the CRD's to insure that
they are kept in good and clean condition and to replace any parts in
poor condition, to notify GHSP in the event that any CRD in use is
involved in an accident so that it can be inspected and /or replaced by
GHSP, and
Whereas, the GHSP Wards of the State Transportation Safety Program
hereinabove described is considered most necessary to the preservation of
the safety and welfare of the wards of the state entrusted to the care of
the County.
NOW, THEREFORE, BE IT RESOLVED THAT THE GHSP Wards of the State
Transportation Safety Program set out hereinabove be and it is formally
approved by the Commissioners of the County of Harnett and that the
Manager of this County be and is hereby empowered to sign and execute
the required agreement between this County and the GHSP to acquire the
benefits of the Wards of the State Transportation Safety Program herein-
above set out for the County
r
ACTION
RESOLUTION RE:
PROVIDING WATER TO
MORRISVILLE
ESOLUTION RE:
ROVIDING WATER
UQUAY - VARINA
Upon much deliberation, Commissioner Collins moved the adoption
of the foregoing resolution, Commissioner Brock seconded the
motion and it carried with the following vote: AYES: Commissioners
Collins, Brock, and Alphin. NOES: Commissioners Shaw and Stewart
Roy Spainhour, Project Engineer with Moore, Gardner & Associates,
Inc., appeared before the Board and presented the following resolu-
tions concerning Harnett County providing water to the municipali-
ties of Morrisville, Holly Springs, Apex, Garner, Cary, & Fuquay-
Varina.
Commissioner Collins moved for the adoption of the following resolu-
tion concerning Harnett County providing water to Morrisville,
Commissioner Shaw seconded the motion and the resolution passed
with a unanimous vote.
Whereas, The Town of Morrisville desires to purchase potable water from the
County of Harnett, delivered by Harnett County to the Wake- Harnett County line,
to provide a dependable supply of water to the town citizens and,
Whereas, The County of Harnett has access to the Cape Fear River at Lillington,
a dependable supply of water adequate to meet the foreseeable needs of Harnett
County and with large reserves adequate to meet the needs of many times any
request set out herein and,
Whereas, The Town of Morrisville wishes to go on record as agreeing to purchase
a predetermined minimum of water from County of Harnett
Now, Therefore, Be It Resolved by the Board of Commissioners of Harnett County
That, the County of Harnett agrees to sell a minimum of 37,500 gallons per day
of potable water to the Town of Morrisville at a price that will be mutually agreec
upon at a later date.
Commissioner Collins moved for the adoption of the following resolu-
TO concerning Harnett County providing water to Fuquay - Varina, Commis-
sioner Shaw seconded the motion and the resolution passed with a
unanimous vote.
Whereas, The Town of Fuquay - Varina desires to purchase potable water from the
County of Harnett, delivered by Harnett County to the Wake - Harnett County Line,
to provide a dependable supply of water to the town citizens and,
Whereas, The County of Harnett has access to the Cape Fear River at Lillington,
a dependable supply of water adequate to meet the foreseeable needs of Harnett
County and with large reserves adequate to meet the needs of many times any
request set out herein and,
Whereas, The Town of Fuquay - Varina wishes to go on record as agreeing to purchase
a predetermined minimum of water from County of Harnett
Now, Therefore,
That, the County
of potable water
agreed upon at a
Be It Resolved by The Board of Commissioners of Harnett County
of Harnett agrees to sell a minimum of 257,500 gallons per day
to the Town of Fuquay - Varina at a price that will be mutually
later date.
RESOLUTION RE: Commissioners Collins moved for the aodption of the following resol-
PROVIDING WATER TO ution concerning Harnett County providing water to Holly Springs,
HOLLY SPRINGS Commissioner Shaw seconded the motion and the resolution passed with
a unanimous vote.
Whereas, The Town of Holly Springs desires to purchase potable water from the
County of Harnett, delivered by Harnett County to the Wake- Harnett County line,
to provide a dependable supply of water to the town citizens and,
Whereas, The County of Harnett has access to the Cape Fear River at Lillington,
a dependable supply of water adequate to meet the foreseeable needs of Harnett
County and with large reserves adequate to meet the needs of many times any
request set out herein and,
Whereas, The Town of Holly Springs wishes to go on record as agreeing to purchase
a predetermined minimum of water from County of Harnett.
Now, Therefore, Be It Resolved By the Board of Commissioners of Harnett County.
That, the County of Harnett agrees to sell a minimum of 27,500 gallons per day
of potable water to the Town of Holly Springs at a price that will be mutually
agreed upon at a later date.
RESOLUTION RE: Commissioner Collins moved for the adoption of the following resold/
PROVIDING WATER TO ution concerning Harnett County providing water to the Town of
TOWN OF APEX Apex, Commissioner Shaw seconded the motion and the resolution
carried with a unanimous vote.
Whereas, The Town of Apex desires to purchase potable water from the County
of Harnett, delivered by Harnett County to the Wake- Harnett County Line, to
provide a dependable supply of water to the town citizens and,
Whereas, The County of Harnett has access to the Cape Fear River at Lillington,
a dependable supply of water adequate to meet the foreseeable needs of
Harnett County and with large reserves adequate to meet the needs of many times
any request set out herein and,
Whereas, The Town of Apex wishes to go on record as agreeing to purchase a
predetermined minimum of water from County of Harnett
Now, Therefore, Be It Resolved by the Board of Commissioners of Harnett County
That, the County of Harnett agrees to sell a minimum of 450,000 gallons per
day of potable water to the Town of Apex at a price that will be mutually
agreed upon at a later date.
RESOLUTION RE: Commissioner Collins moved for the adoption of the following resol
PROVIDING WATER TO ution concerning Harnett County providing water to the Town of
TOWN OF GARNER Garner, Commissioner Shaw seconded the motion and the resolution
carried with a unanimous vote.
Whereas, The Town of Garner desires to purchase potable water from the County
of Harnett, delivered by Harnett County to the Wake- Harnett County line, to
provide a dependable supply of water to the town citizens and,
Whereas, The County of Harnett has access to the Cape Fear River at Lillington,
a dependable supply of water adequate to meet the foreseeable needs of Harnett,
County and with large reserves adequate to meet the needs of many times any
request set out herein and,
Whereas, the Town of Garner wishes to go on record as agreeing to purchase
a predetermined minimum of water from County of Harnett.
Now, Therefore, Be It Resolved by the Board of Commissioners of Harnett County.
That, the County of Harnett agrees to sell a minimum of 507,500 gallons per
day of potable water to the Town of Garner at a price that will be mutually
agreed upon at a later date.
RESOLUTION RE: Commissioner Collins moved for the adoption of the following resol-
PROVIDING WATER TO ution concerning Harnett County providing water to the Town of
TOWN OF GARY Cary, Commissioner Shaw seconded the motion and the resolution
carried with a unanimous vote.
Whereas, The Town of Cary desires to purchase potable water from the County
of Harnett, delivered by Harnett County to the Wake - Harnett County Line,
to provide a dependable supply of water to the town citizens and,
Whereas, The County of Harnett has access to the Cape Fear River at Lillington,
a dependable supply of water adequate to meet the foreseeable needs of Harnett
County and with large reserves adequate to meet the needs of many times any
request set out herein and,
Whereas, The Town of Cary wishes to go on record as agreeing to purchase a
predetermined minimum of water from the County of Harnett.
Now, Therefore, Be It Resolved by the Board of Commissioners of Harnett
County
That, the County of Harnett agrees to sell a minimum of 1,220,000 gallons per
day of potable water to the Town of Cary at a price that will be mutually
agreed upon at a later date.
ADJOURNMENT There being no further business, the Harnett County Board of
Commissioners duly adjourned at 1 :10 p.m.
1
'/4
airman Secretary Clerk