1204198910
HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, DECEMBER 4, 1989
The Harnett County Board of Commissioners met in regular session on Monday,
December 4,1989, 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 Hudson offered the invocation.
Commissioner Smith moved for the approval of the minutes of the regular
meeting, November 20, 1989, and special meeting, November 28, 1989.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
OPHELIA MCLEAN Commissioner Hudson moved for the adoption of a resolution of appreciation for
RETIREMENT Ophelia McLean, retiring secretary with Harnett County Agricultural Extension
Service. Commissioner Smith seconded the motion and it passed with unanimous
vote. The resolution is copied in full at the end of these minutes dated
December 4, 1989 as document no. 1.
Chairman Stewart presented the resolution of appreciation to Miss McLean and
Commissioner Shaw presented a plaque which read "Presented to Ophelia McLean
in honor and appreciation of her outstanding service and contributions to
Harnett County as a secretary with the North Carolina Agricultural Extension
Service in Harnett County 1946 - 1989 ".
F.Y. 1988 -89 Randy Brodd, Dixon, Odom & Co., Certified Public Accountants, presented the
AUDIT REPORT Harnett County Comprehensive Annual Financial Report for F.Y. 1988 -89 to the
Board.
DOT Ray Stone, Highway Maintenance Engineer, North Carolina Department of
Transportation, appeared before the Board to discuss road matters and
situations in Harnett County.
Landon Barefoot, General Manager, Southern Cablevision, gave an update
briefing on construction of cablevision in Harnett County.
RESOLUTION RE: Carla Stephens, Planning Director, presented a Resolution Authorizing and
RESTATED ZONING Directing Recordation of Amendment and Restated Zoning Ordinance.
ORDINANCE Commissioner Smith 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 December 4,
1989, as document no. 2.
RESOLUTION RE: Carla Stephens, Planning Director, presented a Resolution Authorizing and
AMENDED & RESTAT- Directing Recordation of Amended and Restated Subdivision Ordinance.
ED SUBDIVISION Commissioner Shaw moved for the adoption of the resolution. Commissioner
ORDINANCE Collins seconded the motion and,it passed with a unanimous vote. The
resolution is copied in full at the end of these minutes dated December 4,
1989, as document no. 3.
RESOLUTION RE: Carla Stephens, Planning Director, presented a Resolution Approving Receipt
SIERRA VILLA 5 and Escrow of Funds concerning Sierra Villa V Subdivision. Commissioner Shaw
ESCROW OF FUNDS 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 December 4, 1989, as document no. 4.
RESOLUTION RE: Dallas H. Pope, County Manager, presented a Resolution Amending the Harnett
EMS OPERATING County Emergency Medical Services Operating Policies for Harnett County, North
POLICIES Carolina, Adopted January 3, 1989. Commissioner Smith 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 December 4, 1989, as document no. 5.
REPORTS Reports for the month of November were filed with the Board from Emergency
Medical Services, Building Inspections, Veteran's Service, and the Tax
Department. The Tax Attorney's Report was filed with the Board and is copied
in full at the end of these minutes dated December 6, 1989, as document no. 6.
BUDGET AMEND. Dallas H. Pope, County
Manager, requested the following budget
amendment for
Special Districts:
Code 10 -8700 -113
Special School District
$40,000.
increase
10- 8700 -114
Anderson Creek Fire District
30,000.
increase
10- 8700 -115
Angier -Black River Emer.
66,000.
increase
10- 8700 -116
Averasboro Fire District
24,000.
increase
10- 8700 -117
Benhaven Rescue District
16,000.
increase
10- 8700 -118
Benhaven Fire District
23,000.
increase
10- 8700 -119
Black River Fire District
30,000.
increase
10- 8700 -120
Boone Trail Emer. District
46,000.
increase
11
10- 8700 -121
Buies Creek Fire District
30,000.
increase
10- 8700 -122
Cypress Creek Fire District
4,800.
increase
10- 8700 -123
Erwin Fire District
26,000.
increase
10- 8700 -124
Flat Branch Fire District
16,000.
increase
10- 8700 -125
Flatwoods Fire District
30,000.
increase
10- 8700 -126
Grove Fire District
14,000.
increase
10- 8700 -127
Northern Harnett Rescue
19,000.
increase
10- 8700 -128
Spout Springs Fire District
28,000.
increase
10 -8700 -129
Summerville Fire District
31,600.
increase
10 -8700 -130
Dunn - Averasboro Rescue
72,000.
increase
10 -8700 -131
Coats Grove Rescue
27,400.
increase
Revenue: 10- 3450 -000
N.C. Sales Tax
573,800.
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
Education:
Code 10- 8600 -106 Board of Education
Sales Tax 1,400,000. increase
Revenue: 10- 3450 -000 N.C. Sales Tax 1,400,000. 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
Youth Services:
Code 10- 7730 -009 Unemployment Benefits 1,967. increase
Revenue: 10- 3990 -000 Fund Balance Appropriated 1,967. increase
Commissioner Hudson moved for the approval of the budget amendment.
Commissioner Smith seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Public Utilities (water fund):
Code 30- 9100 -019 Unemployment Benefits 1,276. increase
Revenue: 30- 3990 -001 Unappropriated Fund Balance-
Water 1,276. increase
Commissioner Collins moved for the approval of the budget amendment.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
RESOLUTION OF APPRE. Dallas H. Pope, County Manager, read a resolution of appreciation from Union
FROM UNION COUNTY County for Harnett County's participation in the recovery process following
RE: HURICANE HUGO devastation from Hurricane Hugo which passed through Union County on September
23, 1989.
EXECUTIVE SESSION Commissioner Collins made a motion to go into executive session. Commissioner
Shaw seconded the motion and it passed with a unanimous vote.
Commissioner Smith made a motion to come out of executive session.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
MID -MONTH MEETING Commissioner Shaw moved that the mid -month meeting of December be canceled due
CANCELED to the Christmas Holidays. Commissioner Collins seconded the motion and it
passed with a unanimous vote.
Chairman Stewart recessed the meeting for the purpose of reorganization of the
RECESSED FOR REORGAN.
Board in accordance with Gen. Sta. 153A -39.
Vanessa W. Young, Clerk to the Board, reconvened the meeting and asked for
RECONVENED
nominations for Chairman of Harnett County Board of Commissioners.
Commissioner Hudson nominated Lloyd G. Stewart for Chairman of the Board.
LLOYD G. STEWART
Mrs. Young stated that Lloyd G. Stewart had been nominated for Chairman and
APPOINTED CHAIRMAN
asked if there were any further nominations. There being no further
nominations, Mrs. Young closed the nominations for Chairman of the Board. The
following vote was cast in favor of Lloyd G. Stewart for Chairmaq of the
Board: Ayes: 5, Noes: 0, Abstained: 0, Absent: 0
Chairman Stewart opened the floor for nominations for Vice - Chairman.
BILL SHAW APPOINTED
Commissioner Collins nominated Bill Shaw for Vice - Chairman of the Board.
VICE - CHAIRMAN
Chairman Stewart asked if there were any further nominations. There being no
further nominations, Chairman Stewart closed the nominations for Vice - Chairman
of the Board. The following vote was cast in favor of Bill Shaw for
Vice - Chairman of the Board: Ayes: 5, Noes: 0, Abstained: 0, Absent: 0.
MID -MONTH MEETING Commissioner Shaw moved that the mid -month meeting of December be canceled due
CANCELED to the Christmas Holidays. Commissioner Collins seconded the motion and it
passed with a unanimous vote.
12
ADJOURNMENT There being no further business, the Harnett County Board of Commissioners
meeting, December 4, 1959, duly adjourned at 12:30,
G. Stewart Chairman.
DOCUMENT NO. 1.
DOCUMENT NO. 2.
Harnett County
North Carolina
RESOLUTION
THAT WHEREAS, Ophelia McLean began her service to Harnett County with the
'Agricultural Extension Service more than forty-three years ago; and
WHEREAS, Ophelia McLean graduated from the former Shawtown High School
and started to work for the Harnett County Agricultural Extension Service on
April 6, 1946; and
WHEREAS, Ophelia McLean's conscientious) dedication and devotion, her
excellency in the performance of her duties, and her willingness and concern
to help others has won her numerous acclaims for her encouragement, advice,
and leadership; and
WHEREAS, Ophelia McLean over her forty -three years of work has been
involved in many different Agricultural Extension programs and has always been
a part of the programs, insuring their success in providing the needed
service; and
WHEREAS, on December. 31, 1989, . after forty -three years and eight months
of loyal service, Ophelia McLean will retire from the Harnett County
Agricultural Extension Service. _
NOW, THEREFORE, BE IT RESOLVED. BY THE HARNETT COUNTY BOARD OF
COMMISSIONERS, that Ophelia McLean will retire from her loyal and dedicated
service to Harnett County with great honor and distinction. That ophelia
McLean be and she is hereby commended on behalf of all the citizens of Harnett.
County for her invaluable and immeasurable service. That acopy of this
resolution shall be given to Ophelia McLean, '.a copy spread upon the minutes of
this Board, and a copy to the media.
ATTEST:
of December, Nineteen Hundred and
HARNETT. COUNTY. BOARD OF COMMISSIONERS
L1 yd Stewart,Chairman
RESOLUTION AUTHORIZING AND DIRECTING RECORDATION
OF AMENDED AND RESTATED ZONING ORDINANCE
THAT WHEREAS, the Harnett County .Board of Commissioners has
heretofore adopted a Zoning Ordinance for said County, and
WHEREAS, said Zoning Ordinance for Harnett County has from
time to time after its adoption been amended, and
WHEREAS, the Harnett County Board of Commissioners has
determined that it would be in the best interests of said County
and its citizens for such Ordinance, as it has been amended, to
be recorded in the Registry for Harnett County;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF HARNETT COUNTY, .NORTH CAROLINA, that the Zoning Ordinance for
the County of Harnett, as amended, copy of which is attached
hereto as Exhibit A, shall be recorded in the Registry of Harnett
County forthwith upon the adoption of this Resolution so
providing.
Duly adopted this 4th day of December, 1989.
HARNETT COUNTY BOARD OF COMMISSIONERS
13
DOCUMENT NO. 3.
NORTH CAROLINA,
HARNETT COUNTY.
RESOLUTION AUTHORIZING AND DIRECTING RECORDATION
OF AMENDED AND RESTATED SUBDIVISION ORDINANCE
THAT WHEREAS, on April 4, 1977 the County of Harnett, acting
through its Board of Commissioners as by law provided, adopted a
Subdivision Ordinance for said County which was recorded in the
Registry of Harnett County, and
WHEREAS, since its adoption and recordation said Ordinance
has been amended from to time to time, and
WHEREAS, by virtue of such amendments it is in the best
interests of the County of Harnett and its citizens for there to
be recorded in the Registry of Harnett County an amended and
restated Subdivision Ordinance containing all of the changes,
modifications and amendments made in said Ordinance from and
after its adoption and inceptions
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF HARNETT COUNTY, NORTH CAROLINA, that the amended and restated
Subdivision Ordinance of the County of Harnett which contains all
of the changes, modifications and amendments made in said
ordinance from and after its inception and adoption, copy of
which is hereto attached as Exhibit A, shall be recorded in the
Harnett County Registry upon and immediately after the adoption
and enactment of this Resolution so authorizing and directing.
Duly adopted this 4th day of December, 1989.
HARNETT COUNTY BOARD OF
DOCUMENT NO. 4.
NORTH CAROLINA,
1 HARNETT COUNTY.
RESOLUTION APPROVING RECEIPT AND ESCROW OF FUNDS
THAT WHEREAS, the Subdivision Regulations for the County of
Harnett require that certain improvements be made or guaranteed
prior to the time that approval is granted under the terms of
such Regulations, and
WHEREAS, application for approval of a Subdivision named
Sierra Villa Section V has been submitted, and
WHEREAS, certain requirements relating to the paving of
streets within such subdivision have not been met, and
WHEREAS, the developer of such subdivision desires to
provide to the County of Harnett a guarantee that such
improvements shall be made as required in said Subdivision
Regulations and that said subdivision will comply with all of
said regulations, and
WHEREAS, such action is permitted by Article V, Section 5.1
of the Subdivision Regulations of Harnett County, and
WHEREAS, a proposal of Johnson Brothers Utility and Paving
Co., Inc. for the making of such improvements for the sum of
$9,581.60 has been presented to the County of Harnett, and
WHEREAS, said developer has deposited with the County of
Harnett an Official Bank Check drawn on Mid South Bank and Trust
Company in the amount of $10,000.00, in order to guarantee the
making of such improvements;
NON, THEREFORE, BE IT RESOLVED by the Harnett County Board
of Commissioners that the receipt of said sum, to wit:
$10,000.00 from such developer to be held in escrow by said
County for the purposes aforesaid shall be and same is hereby
approved, with said funds to be refunded to the party remitting
same upon compliance with all provisions of the Subdivision
Regulations of the County of Harnett, or in the alternative,
failing such compliance, then for application pursuant to said
regulations, and the Finance Officer of the County shall be and
she is hereby authorized to receive said funds and to make
disposition thereof under the terms of the authority hereby
granted.
This 4th day of December, 1989.
HARNETT COUNTY BOARD OF COMMISSIONERS
n J
14
DOCUMENT NO. 5.
■
RESOLUTION AMENDING THE HARNETT COUNTY
EMERGENCY MEDICAL SERVICES OPERATING POLICIES
FOR HARNETT COUNTY, NORTH CAROLINA,
ADOPTED JANUARY 3, 1989
THAT WHEREAS, the Harnett County Board of Commissioners adopted the
Harnett County Emergency Medical Services Operating Policies on January 3,
1989; and
WHEREAS, this Board is of the opinion that the amendment set forth below
is necessary to the clear and efficient working of the Operating Policies.
NOW THEREFORE, BE IT RESOLVED that Section 3.2 of the Operating Policies
is hereby amended to include the additional provision provided below.
Amendment
2.4 To insure that personnel are trained and certified as authorized
by Budget Position description, the following requirements will
be adhered to for positions except the Captain EMT I and EMS Clerk
III.
A. An employee of the Harnett County EMS Unit will be trained and
certified as indicated by the Budget Position description.
B. Failure to meet training and certification requirements will be
considered nonqualified based on job requirements and will be
terminated as an employee in accordance with the provisions of
the Harnett County Personnel Ordinance.
C. An employee's failure to maintain certification at the level
designated in the Budget Position description level will be
terminated as an employee in accordance with the provisions of the
Harnett County Personnel Ordinance. The EMS Captain, Chief of the
EMS Unit, may allow the employee six months to be recertified at
the required Budget Position description level.
Duly adopted by the Harnett County Board of Commissioners this 4th day of
December, 1989.
DOCUMENT NO. 6.
HARNETT COUNTY BOARD OF COMMISSIONERS
RE: NOTICE OF TAX SUITS COMMENCED; TAX SUITS DISMISSED AND RELATED SERVICES
MONTH OF NOVEMBER 1989
NAME SUIT NO. *AMOUNT COL. * *COURT ATTORNEY
COSTS FEES
Anderson Creek Township
Ward, Johnny Ray n/a _ 459.12 75.00 75.00
Averaeboro Township
Hargrove, Virginia L.
88
CvD
1049
515.99
237.10
190.00
McCall., . James E. &
Minnie
88
CvD
0935
576.34
245.50
190.00
McLamb, Peggy H.
89
CvD
1270
1,367.54
246.40
190.00
Norris, Donnis & S.
88
CvD
1170
1,653.40
244.30
190.00
Norris, Ronnie L.
n/a
.226.92
50.00
50.00
Taylor, Robert L. & J.
n/a
107.26
-0-
-0-
Warren, Clifford &
89
CvD
O_ °94
597.20
241.10
190.00
Ella
Barbecue Townsh +D
Fennell, Charles D.
89
CVD
1018
4.68.83
195,25
140.00
Gentry, Donna S.
89
CvD
1265
511.79
195.00
140.00
Jernigan, Ronald H.
89
CvD
0944
560.11
237.50
190.00
Wooten, J. D. &
89
CVD
0956
394.96
185.20
140.00
Bedsaui, Clint F.
Black River Township
Jones, Andrew
89
CvD
1216
1,623.46
249.00
190.00
Duke Townshyg
Lockamy, Francis N.
89
CvD
0627
512.49
235.00
190.00
Hayes, James B. & M.
89
CvD
0626
468.34
239.00
190.00
Holliday, Abraham &
89
CvD
0573
1,372.91
239.00
190.00
Carrie B.
Lee, Phillip W. & V
89
CvD
0645
1,217.44
240.40
190.00
I
Grove Township
McNeill,
Ruth Langdon
89
CvD
1017
1,541.12
236.15
190.00
Hector's
Creek Township
Date
Explanation
Charge
11 -8 -89
Nester, Heirs of M. S.
89
CvD
1085
653.40
245.00
200.00
Johnsonville Township
McGilberry, Calvin 6 V
89
CvD
0624
640.15
239.00
190.00
Stewart's
Creek Township
Lillington Postmaster
CvD
1081
365.04
236.40
190.00
Cameron,
Carrie Jean
88
Upper Little
Kelly, Emma
River Townshin
88
CvD
1194
1,127.66
235.00
200.00
Morrison,
William
88
CvD
1404
1,083.46
335.45
290.00
Alvin
Subtotal
$18,044.91
$4,881.75
$3,895.00
NOTE: +
Total collected
includes taxes, interest
and Court costa.
*+
Court costs includes
attorney
fees allowed by Court.
New Suites
Blue, Norman 89 CVD 1390 10.00
Brown, Timothy M. 89 CvD 1391
Subtotal
20.00
TOTAL ATTORNEY'S PER
$3,915.00
Advanced
Costs:
Date
Explanation
Charge
11 -8 -89
Lillington Postmaster
- restricted mail
Norman Blue - 89 CvD
1390
8.40
11 -8 -89
Lillington Postmaster
- restricted mail
John Stewart - 89 CVD
1266
4.20
11 -8 -89
Lillington Postmaster
- postage
Timothy M. Brown - 89
CvD 1391
1.40
11 -30 -89
Lillington Postmaster
- restricted mail
John Stewart - 89 CvD
1266
4.20
Total Advanced Costs $18.20
BALANCE DUE
M
E. Marshall Woodall -
Poet Office Box 39
Lillington, NC 27546
Telephone: (919) 893 -5191
15
16
HARNETT COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING, DECEMBER 18, 1989
The Harnett County Board of Commissioners met in special session on Monday,
December 18, 1989, in the County Office Building, Lillington, North Carolina,
with the following members present: Bill Shaw, Mack Reid Hudson, Mayo Smith,
and Chairman Lloyd G. Stewart presiding. Commissioner Rudy Collins was
absent. Others present were Dallas H. Pope, County Manager; 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 7 p.m.
Commissioner Smith offered the invocation.
PUBLIC HEARINGS Carla Stephens, Planning Director, briefed the group that there would be two
RE: ZONING DISTRICT public hearings concerning applications for proposed zoning district changes
CHANGE APPLICA. and explained the purpose was to obtain public comments concerning the
proposed zoning district changes.
DAVID COOMER Chairman Stewart called to order a public hearing concerning application for
David Coomer, from RA -40 Zoning District to RA -30 Zoning District, located in
Stewart's Creek Township on S.R. 2038.
Carla Stephens, Planning Director, presented the application to the Board.
Chairman Stewart opened the meeting for public comments. No comments were
offered and Chairman Stewart closed the public hearing concerning application
for proposed zoning district change for David Coomer.
ROETTA TAYLOR Chairman Stewart called to order a public hearing concerning application for
Roetta Taylor, from Commercial Zoning District to RA -30 Zoning District,
located in Upper Little River Township, S.R. 1274.
Carla Stephens, Planning Director, presented the application to the Board.
Chairman Stewart opened the meeting for public comments. No comments were
offered and Chairman Stewart closed the public hearing concerning application
for proposed zoning district change for Roetta Taylor.
CONSIDERATION OF The Board considered the following applications for zoning district change:
ZONING CHANGE
APPLICATIONS 1. David Coomer, from RA -40 Zoning District to RA -30 Zoning District,
located in Stewart's Creek Township on S.R. 2038. The Planning Board
recommended approval of the application. Commissioner Shaw moved
that the zoning district change application request be approved.
Commissioner Smith seconded the motion and it passed with a unanimous
vote.
2. Roetta Taylor, from Commercial Zoning District to RA -30 Zoning
District, located in Upper Little River Township on S.R. 1274.
The Planning Board recommended disapproval of the application.
Commissioner Shaw moved that the zoning district change application
be denied. Commissioner Hudson seconded the motion and it passed
with a unanimous vote.
SUBDIVISION PLAT Carla Stephens, Planning Director, presented a subdivision plat for
FOR SIERRA VILLA Sierra Villa, Section Five, consisting of 12 lots owned by Gene Taylor, and
SECTION S located in Anderson Creek Township on S.R. 1120. Commissioner Shaw made a
motion to approve the subdivision plat with a completion date for road
construction for the subdivision to be June 30, 1990. Commissioner Smith
seconded the motion and it passed with a unanimous vote.
EXECUTIVE SESSION Commissioner Hudson moved that the Board go into executive session.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
Commissioner Hudson moved that the Board come out of executive session.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
RECESSED 4 RECON. Chairman Stewart recessed the meeting to reconvene in the Assembly Room with
IN ASSEMBLY ROOM the Buies Creek -Coats Water and Sewer District Advisory Board where a
discussion was held concerning membership of Cape Fear Regional Wastewater
System Board involving Buies Creek -Coats Water and Sewer District and Harnett
County.
ACTION Commissioner Hudson made a motion that a resolution be prepared by the Public
Utilities Attorney for the Buies Creek -Coats Water and Sewer District Advisory
Board to designate two members to work with the Cape Fear Regional Wastewater
System Board. Commissioner Smith seconded the motion and it passed with a
unanimous vote.
RECESSED $ RECON. Chairman Stewart recessed the meeting in the Assembly Room and reconvened in
IN COMMISSIONERS the Commisisoners' Board Room.
BD. ROOM
RESOLUTION RE:
Dallas H. Pope, County Manager, presented a Resolution Authorizing Execution
AGREEMENT WITH
of Agreement with the Town of Angier concerning the Cape Fear Regional
TOWN OF ANGIER FOR
Wastewater System. Commissioner Smith moved for the adoption of the
CAPE FEAR WASTEWATER
resolution. Commissioner Shaw seconded the motion and it passed with a
SYSTEM
unanimous vote. The resolution with agreement attached as Exhibit "A" is
copied in full at the end of these minutes dated December 18, 1989, as
document no. 1.
RESOLUTION RE:
Dallas H. Pope, County Manager, presented a Resolution Authorizing Execution
AGREEMENT WITH TOWN
of Agreement with the Town of Lillington concerning the Cape Fear Regional
OF LILLINGTON FOR
Wastewater System. Commissioner Shaw moved for the adoption of the
CAPE FEAR WASTEWATER
resolution. Commissioner Hudson seconded the motion and it passed with a
SYSTEM
unanimous vote. The resolution with agreement attached as Exhibit "A" is
copied in full at the end of these minutes dated December 18, 1989, as
document no. 2.
SPECIAL MEETING OF Chairman Stewart called to order a special meeting of the Harnett County Board
BUIES CREEK -COATS of Commissioners sitting as the governing body of the Buies Creek -Coats Water
W $ S DISTRICT and Sewer District.
RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented a Resolution
AGREEMENT WITH COUNTY Authorizing Execution of Agreement with the Buies Creek -Coats Water and Sewer
FOR CAPE FEAR WASTE- District concerning the Cape Fear Regional Wastewater System. Commissioner
WATER SYSTEM Hudson moved for the adoption of the resolution. Commissioner Smith seconded
the motion and it passed with a unanimous vote. The resolution with agreement
attached as Exhibit "A" is copied in full at the end of these minutes dated
December 18, 1989, as document no. 3.
ADJOURNED BUIES CREEK Chairman Stewart adjourned the meeting of the Harnett County Board of
COATS MEETING Commissioners sitting as the governing body of Buies Creek -Coats Water and
Sewer District.
RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented a Resolution
AGREEMENT WITH Authorizing Execution of Agreement with the Buies Creek Coats Water and Sewer
BUIES CREEK -COATS District concerning the Cape Fear Regional Wastewater System. Commissioner
FOR CAPE FEAR WASTE- Hudson moved for the adoption of the resolution. Commissioner Smith seconded
WATER SYSTEM the motion and it passed with a unanimous vote. The resolution is copied in
full at the end of these minutes dated December 18, 1989, as document no. 4.
The agreement is copied as Exhibit "A" in document no. 3.
ADJOURNEMENT There being no further business, the Harnett County Board of Commissioners
Special Meeting, December 18, 1989, duly adjourned at 9:40 p.m.
DOCUMENT NO. 1.
Lloyb G. 9tewart, Chairman
Kq�
, d . dA4'P_Jt
�
Kay S.
Blanchard,
Recor
ing
Secretary
Vanessa
W. Young,
Cl t1k
to
a Board
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH THE TOWN OF ANGIER REGARDING THE
CAPE FEAR REGIONAL WASTEWATER SYSTEM
WHEREAS, the Harnett County Board of Commissioners,
(hereinafter sometimes referred to as the "Board ") has heretofore
caused a comprehensive wastewater study to be conducted for the
purpose of examining and analyzing the wastewater facilities needs
of Harnett County; and
WHEREAS, pursuant to the recommendations of said study, the
County of Harnett formulated a plan to construct a wastewater
facility system designated as the Cape Fear Regional Wastewater
System; and
WHEREAS, the County of Harnett has requested the Town of
Angier to participate in the construction and use of said System
and the Town of Angier has agreed so to do; and
WHEREAS, attached to this Resolution as Exhibit "A" is a copy
of an Agreement between the County of Harnett and the Town of
Angier setting forth the various details of the agreements of said
parties with respect to the Cape Fear Regional Wastewater System;
and
WHEREAS, upon review and consideration of said Agreement, it
is the finding of the Board that the construction of said regional
wastewater system will be of great benefit to the current and
future health and well being of the citizens of Harnett County and
the Town of Angier; and
17
Ons
Mus
WHEREAS, it is the desire of the Board that the County of
Harnett enter into said Agreement so to implement the Cape Fear
Regional Wastewater System.
NOW, THEREFORE, . BE IT. RESOLVED by the Harnett County Board of
Commissioners that:
1. The County of Harnett shall and is hereby
authorized to enter into the Agreement between
said County and the Town of Angier, a copy of
which is attached hereto as Exhibit "A ".
2. The appropriate officers of the County of
Harnett are hereby directed to execute the
originals of said Agreement.
Duly adopted this 18th day of December, 1989 upon motion made
by commissioner Smith , seconded by Commissioner Shaw ,
and adopted by the following vote:
Ayes 4 Noes 0 Abstained o Absent _1_
Harnett County Board of Commissioners
By: ALh
L y G. Stewart, Chairman
Attest: I,(r
Vanessa W. Young, Olerk to
the Board
EXHIBIT 11A"
NORTH CAROLINA
HARNETT COUNTY
AGREEMENT
THIS AGRKEMENT is made and ent.o ed into th.i.s. 18th_ day of
December, 1989 by and between the COUNTY OF HARNETT a body politic
organized and existing under the laws of the State of North
Carolina (hereinafter sometimes referred to as the "County ") and
the .TOWN OF ANGIER, a municipal corporation organized and existing
under the laws of the State of North Carolina (hereinafter
sometimes referred to as the "Town ");
W I T N E S S E 'T H
THAT WHEREAS, the County has caused a Comprehensive Wastewater
Study to be conducted for the purpose of examining and analyzing
the wastewater facilities needs of Harnett County; and
WHEREAS, one of the results of that Study was the
identification of a need for a regional sewer collection and
treatment system to serve several local governmental entities
existing In the central portion of Harnett County;. and
WHEREAS, in order to meet the demands of the existing and
future wastewater disposal needs as identified, the construction
of a wastewater facility system, designated as the Cape Fear
Regional Wastewater System, has been recommended; and
WHEREAS, the plans for the Cape Fear Regional .Wastewater
System include the replacement of the existing waste treatment
facilities serving the Town of Lillingt-on, the Town of Angier and
the Buies Creek - Coats Water and Sewer District of Harnett County,
the construction of a new regional. wastewater treatment facility
and the construction of main interceptor pipelines to connect the
above named local governmental entities to the new treatment
facility; and
WHEREAS, in anticipation of the need for construction of
wastewater facilities in Harnett County, the Board of Commissioners
of Harnett County requested Federal and State assistance in funding
the construction of the Cape Fear Regional Wastewater System; and
a
19
WHEREAS, pursuant to the North Carolina Clean Water Revolving
Loan and Grant Act of 1987 and,*the provisions of the Federal Water
Quality Act of. 1987, the State of North Carolina, through its
Itivi.::ion of tlnvi.rnnmental Management, Ucp,:r.trnenl: of I ?nviroument,
Health and Natural. Resources, advised the County that monies for
a .Loan to fund the costs of the Capo Fear Regional. Wastewater
System have been reserved for Harnett county; and
WHEREAS, the County determined that it desired to proceed with
the implementation, construction and eventual operation of the Cape
Fear Regional Wastewater System, and in connection therewith
requested the Town of Angier to enter into an agreement with the
County regarding the participation of the Town in said System; and
WHEREAS, the Board of Commissioners of the Town of Angier has
determined that the Cape Fear Regional Wastewater System will be
of great benefit to the health and well being of the citizens of
the Town of Angier, and
WHEREAS, the Town has therefore determined that it desires to
participate in the Cape Fear Regional Wastewater System; and
WHEREAS, pursuant to the provisions of Chapter 160A, Article
20, Part 1 of the North Carolina General Statutes entitled
"Int:erl.ocal Cooperation, Joint Exerrlf;e of Powers," thr� County and
the Town desire to enter into this Agreement with respect to the
Cape Fear. Regional Wastewater System setting forth the terms and
conditions of their mutual agreements regarding the same.
NOW, THEREFORE, in consideration of the mutual
'I representations, warranties, covenants and agreements herein
contained, and for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the County and the
Town agree as follows:
SECTION I
Definitions
The following definitions, designations and /or explanation of
terms shall be used for the purposes of this Agreement:
A. "Project" shall refer to the Cape Fear Regional
Wastewater System construction project.
B. "Regional Treatment Facility" shall refer to the
wastewater treatment and disposal facility to be constructed as
pal L of the project, and thereafter nwneil, op„r-atod, managed and
maintained by the County, except as hereinafter set forth.
C. "Regional Interceptor 1'.1.pel.ino" shall retei. to the
wastewater interceptor pipeline to be constructed and installed as
part of the Project which shall connect: the existing system of the
Town to the wastewater interceptor pipeline (also to be constructed
and installed as part of the Project) which shall run parallel to
the Cape Fear River to the Regional Treatment Facility. As now
provided in design criteria, said "Regional Interceptor Pipeline"
shall have a hydraulic capacity of 1,300,000 gallons per day.
D. "Regional System" shall refer to the entire wastewater
collection, treatment and disposal system constructed and installed
pursuant to the Project, and shall include all lands required for
the installation of the same, together with continuous and adequate
easements and rights of way over other lands necessary to erect,
20
construct, install and lay and thereafter use, operate, inspect,
repair., replace, remove, change tho size of such fac.i Cities as
named, and in addition shall in<;lude the Regional Treatment
Facility, the Regional Interceptor. pipeline and the Town Effluent
Meter.
E. "Town Effluent Meter" shall refer to that meter facility
and related appurtenances constructed or otherwise provided for as
part of the Project to which wastewater from the Town shall be
transmitted by the Town and which shall measure the quantity of
wastewater being delivered by the Town into the Regional
Interceptor Pipeline.
F. Any terminology referring to the existing collection
system of Town shall mean that network of sewer collection
pipelines, mains and /or related facilities composing the Town's
sewer collection system as shall exist on the date the County
commences accepting wastewater from the Town into the Regional
System.
G. Any terminology referring to the existing treatment
facilities of Town shall mean those facilities, facility sites,
lagoons, lagoon sites, basins, basin sites, land application
systems, land application system sites, and all appurtenances
,"ciatad therra:o comprising the Town':. :sewer treatment :111(1 d.i.sposal
facilities an shall exist on the date the County commences
accepting wastewater from the Town into the Regional system.
if. "Funding Agency" shall vor:er to the Division of
Environmental Management, Department of Environment, Health and
Natural Resources of the State of North Carolina, or any successor
agency thereto.
I. "County Department of Public utilities" shall refer to
the Harnett County governmental department existing as of the date
of this Agreement .which administers, operates, and otherwise
manager, the public water and sewer nystcmis owned and /or operated
by the County, and shall include any other successor department or
subdivision of the County which shall perform such functions.
J. Any terminology referring to the local governmental
entities involved with the Project shall refer to the Town, the
County, the Town of Lillington and the Buies Creek -Coats Water and
sewer District- of Harnett County. A reference to the other local
governmental entities involved with the Project shall mean the
remainder of the above named local governmental entities not
specifically the subject of the particular provision within which
the reference is made.
K. "Regional Board" shall refer to the Cape Fear Regional
Wastewater Board as established in Section %IV of this Agreement.
SECTION II
Term
This Agreement shall be a continuing contract relative to the
furnishing of essential wastewater treatment and disposal services
for the citizens of the Town, and shall exist and continue until
the County and the Town shall mutually modify or terminate the
same, BUT IN NO EVENT shall the same terminate until the loan
(including principal and interest) described in Section III has
been paid in full.
21
SECTION III
Funding Agency and Funds for Construction
A. ;",undina Source
The funds for construction of the Project are anticipated to
be r,uppl..i.ed in the form of a loan made to the County pursuant to
the North Carolina Clean Water Revolving Loan and Grant Act of 1987
and the provisions of the Federal water Quality Act of 1987 as
administered by the Division of Environmental Management,
Department of Environment, Health and Natural. Resources of the
State of North Carolina. The terms of this Agreement are
conditioned upon the receipt of said loan and approvals required
therefor, and in the event said loan is not obtained by the County,
or the Regional System is otherwise not constructed, then the
County shall have no obligations hereunder to the Town, and the
Town shall have no obligations hereunder to the County.
B. Aareement Subject to Requirements of Funding Agency
The County and Town agree to comply with all the conditions
and requirements imposed by the Funding Agency, which shall
..include, but not be limited to, the Revolving Loan conditions, the
establishment of pretreatment requirements, and the adoption of
appropriate newer use ordinances and user charge systems.
C. Town to Act in Timely Manner
when, in the course of providing the various ordinances,
information and /or other documents to the Funding Agency, the
County must obtain such items from the Town prior to submission to
the Funding Agency, the Town agrees to prepare, adopt and /or
otherwise provide the same to the County in a timely manner.
D. Loan_ Payment Sources
All funds paid by the County and the Town as principal and
interest on the aforementioned loan shall be derived only from
those sources specified by the Funding Agency.
SECTION IV
Construction and Ownership of Regional System
�TiTT, 37
The County shall be responsible for administering and
managing the construction and installation of the Regional System
and in cunnec1.ion therewith shall:
1. Cause the appropriate pre-construction studies to be
completed as are required by the Fund.inq Agency and any other State
or Federal agencies.
-} 2. Cause such funding and permit applications as may be
required to be completed and filed with the appropriate
Federal. and State agencies.
3. Cause plane and specifications for the Regional
System to be completed in accordance with acceptable engineering
practices and procedures, and in complinncr with applicable rules,
regulations and requirements of the Funding Agency and such other
State and Federal agencies as may be applicable.
22
4. Obtain and acquire in its name 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 the Regional System..
5. Obtain and acquire in its name 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 the Regional System
upon, along or across streets, roads, highways and public..
utilities.
6. Obtain and acquire in its name such parcels of real
property as are necessary for the construction of the Regional
Treatment Facility, pump stations, Ellie. any .- ..�.� -••� --
structure required for the completion of the Regional System.
-7. Cause the contract . or contracts for construction and
installation of the Regional System to be advertised in accordance
with applicable law, and to thereafter award and enter into such
contract or contracts for said construction and installation as the
County deems in the best interest of the Regional System. The
determination as to which bidder or bidders shall be awarded
contracts shall be made by the County.
8. Cause the installation and construction of the
Regional System to be supervised by qualified and competent
engineers.
9. Provide for the administration of the construction
and installation of the Regional System and to provide for
inspection of the same.
10. Provide for the administration of the funds obtained
for the implementation, construction and installation of the
Regional System.
11. Otherwise, manage the implementation, construction
and installation of the Regional System.
S. Ownership of Regional System
The Regional System shall be and remain the property of
the County, and the Town shall have only that right, title or
interest as expressly provided in this Agreement. it is understood
that except as to the rights of the Town expressly provided in this
Agreement, as owners of the Regional System; the County may
operate, maintain, manage, regulate and control the same, subject
to the terms of this Agreement, and otherwise exercise with respect
thereto any rights, authorities or privileges it may be granted by
statute.
C. Joint Cooperation
During the course of the implementation, design and
construction of the Regional System, the Town and the County agree
to collaborate and cooperate with respect to the gathering of the
documentation, data and /or other information necessary to properly
design and construct the Regional System. Additionally, when
requested by the County and /or the contractor(s) the Town agrees
to cooperate with the said County and /or the contractor(s) with
respect to the testing of the Regional System, and preparation for
connection of the same to the existing collection system of the
Town.
23
D. Conveyance of Easements
The Town agrees to convey to the County, without charge,
easements and rights of way over, upon and across properties owned
by the Town when such easements and rights of way are necessary to
inuLall nud con:ae'ucl: the Regional. lute —eptnr Pipeline, and /or
otherwise necessary to connect the Rex)ional Interceptor Pipeline
to the Town Lf:fluent Meter.
SECTION V
capacity Allocations in Regional System
A. Manner of Expression
The allocations of capacity in the Regional System shall
be expressed in terms of treatment capacity in the Regional
Treatment Facility.
B. Town Allocation. The Town shall have allocated and
reserved for treatment of its wastewater twenty -five (256) percent
of the treatment capacity of the Regional Treatment Facility. It
is understood that the capacity of the Regional Treatment Facility
is to be two million (2,000,000) gallons per day, and that
therefore, the allocation and reservation herein made to the Town
equals five hundred thousand (500,000) gallons per day.
C. Burin. "in,g PL11oeations. The remaining seventy-five (756)
percent of the treatment capacity of the Regional Treatment
Facility shall be allocated to the other local governmental
entities involved with the Project or retained by the County for
its use.
i
SECTION VI
Payment for Capacity Allocations in Regional System
A. Loan Determination
The amount of the loan awarded for the construction and
installation of the Regional System shall be determined pursuant
to the directives of the Funding Agency. As soon as practicable
after final determination of the loan amount and related debt
instrument details, the County shall provide such information to
the Town.
B. Loan Payment Portion Payable by Town
The Town shall pay that portion of each and every payment
due on the loan obtained through the Funding Agency as hereinafter
provided:
1. The portion of each l,.Iynient made by thu Town shall
equal the product of the total amncmt of the principal and /or
i.nl:erest due for such payment multipl.:i.od by the percentage of the
capacity allocation in the Regional System allocated and reserved
for the Town herein.
2. The portion of the payment to be made by Town shall
be paid to the County at least fifteen (15) days prior to the due
date of the same.
3. It is understood that according to the Funding
Agency, principal payments will be made annually on or before May
1 of each year, and that all interest payments will be made
semiannually on or before May 1 and November 1 of each year. The
portion of the payments to be made by Town as herein provided shall
apply to both the principal and interest and the interest only
payments due on the loan.
24
C. Remainder of Loan Payments
The remaining portion of the loan payment for the
Regional. System, that is, that portion not: paid by Town, shall be
obtained by the County from the other governmental entities
participating in the Project, and /or supplied by the County.
D. Transmission of Loan 'Payment
The County shall be responsible for transmitting the loan
payments to the Funding Agency or other appropriate agency as
directed by the Funding Agency.. County shall make said payments
on a timely basis and any penalty or late charges shall not be paid
by Town, provided Town has made its payment by the time required
in Section VI (B) (2).
E. Costs in Excess of Loan
It is the understanding of the County and the Town that
the current estimated Project cost is $7,500,000. The County and
the Town agree that should the Project exceed one percent (i %) of
the estimated Project cost, including closing costs and other costs
associated therewith then the Town shall have the option of either
retaining its level of capacity allocations in the Regional System
herein agreed upon, and thereby incur its share of the additional
costs for the same, or reduce its level of capacity allocation in
the Regional System herein agreed upon and thereby not incur the
additional costs. In the event that during the pre - construction
phases of the Project it becomes apparent that the estimated
Project cost, together with closing costs and other costs
associated therewith, shall exceed $7,500,000 by more than one
percent (1%) of such amount, then the County shall notify all
entities involved with the Project so that they may collaborate and
cooperate as to cost overruns. The Town shall determine which
option it desires, and shall advise the County as to such
determination within twenty (20) calendar days after notification
to the Town of the apparent cost overrun.
Unless otherwise agreed, if the Town shall elect to retain its
level of capacity allocation as described above, or if the Project
exceeds $7,500,000 by less than one percent (18) thereof, then the
Town shall pay such portion of the applicable excess as equals said
excess multiplied by the percentage of the capacity allocation in
the Regional System allocated and reserved for the Town herein.
SECTION VII
Wastewater Treatment and Metering
A. County to Treat Town Wastewater
County agrees to treat at the Regional Treatment Facility
during the term of this Agreement or any renewal or extension
thereof, quantities of wastewater which flow through the Town
Effluent Meter up to and including the maximum amount of Five
hundred thousand (500,000) gallons per day, which said maximum
amount equals the allocation made and reserved for the Town herein.
The wastewater shall be treated pursuant to those standards
specified by the applicable Federal and State agencies, including,
but not limited to, the standards of the Division of Environmental
Health of the North Carolina Department of Environment, Health and
Natural Resources.
B. Town Effluent Meter
County agrees to furnish and install as part of the
Project and thereafter operate and maintain at such point as is
25
agreed upon by the engineers for the Regional System and the
engineers employed by the Town the necessary metering equipment,
including a meter house or pit, and the required devices of
standard type for properly measuring the quantity of wastewater
transmitted into the Regional Interceptor Pipeline for treatment
and to calibrate such metering equipment whenever requested by
Town, but not more frequently than once every twelve (12) months.
However, the Town may obtain independent verification of the
calibration of the metering equipment. In this event, should the
test result be deemed to be accurate, (as hereinbelow, stated), then
the Town shall pay the costs of obtaining such test. If the test
result is not deemed to be accurate, (as hereinbelow stated), then
the County shall pay the costs of obtaining the test. A meter
registering not more than two (2B) percent above or below the test
result shall be deemed to be accurate. The previous readings of
any meter disclosed by test to be inaccurate shall be corrected for
the three (3) months previous to such test in accordance with the
percentage of inaccuracy found by such tests. If the meter fails
to register for any period, the amount of wastewater treated during
such period shall be deemed to be that amount of wastewater which
equals the average monthly reading for the three (3) months
previous to such failure, unless County and Town shall agree upon
a different amount. Appropriate officials of Town shall have
access to the meter at all reasonable times in order to verify
readings.
C. Meter Readings
The Town Effluent Meter shall be read by the County on
the first day of each month.
SECTION VIII
Operation and Maintenance
of Regional System
A. Management of Regional System
Except as otherwise set forth in this Agreement, the
Regional System shall be managed, operated, and maintained by the
County throuyh its Department of Public Utilities, as it County
operated public enterprise, and in connection therewith the County
shall.:
1. Formulate and thereal -I.nr maintain proper accounting
procedures with respect to the Regi.ona.l. System in accordance with
the North Carolina Local Government Budget and Fiscal Control Act
as set forth in Article 3, Chapter 159 of the North Carolina
General Statutes.
2. Operate and maintain the Regional System on an annual
budget, which budget shall be formulated and maintained in
accordance with the North Carolina Local. Government Budget and
Fiscal Control Act- as set forth in Article 31 Chapter 159 of the
North Carolina General Statutes.
3. Contract with a certified public accountant for
annual audits of the Department of Public Utilities and the
Regional System accounting procedures and records.
4. Obtain, and thereafter maintain, insurance and bonds
or; required by State law.
26
5. Comply with all Federal, State, and Local laws and
regulations relative to the management, operations and maintenance
of the Regional System.
6. Invoke moratoriums in accordance with Section VIII
(G) hereof to prevent the addition of wastewater customers to the
Regional System and /or the increase in wastewater flow into the
Regional System so as to protect the allocation in the Regional
System reserved for the Town herein.
7. Invoke surcharges in accordance with Section VIII (F)
hereof upon the local governmental. entities involved with the
Project, in the event such entities exceed their maximum flow input
amounts (reserved allocations) into the Regional System.
8. Report to the Town on a monthly basis, or upon
request, with respect to wastewater flow from all the entities
involved with the Project and other matters as are appropriate.
9. Otherwise, provide for the orderly and efficient
management, operation, and maintenance of the Regional System.
B. Operations and Maintenance Px,_pense Provided by Town
1. The Town shall, on a monthly basis, provide that
portion of the costs incurred for Operations and Maintenance of the
Regional Syst:pm as is described herein. said monthly cost shall
be based upon a Bulk Municipal Sewer Rate as hereinafter
formulated.
2. The portion of the costs incurred for operations and
Maintenance of the Regional System to be provided by Town shall be
that amount of money which equals the product of the Bulk Municipal
Sewer Rate multiplied by the number of gallons of wastewater
transmitted into the Regional Interceptor Pipeline as measured
through the Town Effluent Meter.
3. The Bulk Municipal sewer Rate (hereafter "Bulk
Rate ") shall be the Operations and Maintenance expense of the
Regional System expressed in cost per one thousand (1000) gallons
of wastewater treated. The Bulk Rate shall be determined on an
annual cycle, and shall be based upon demonstrable expenditures for
the operations and maintenance of the Regional system as indicated
on the accounting records for the Regional System, together with
anticipated increases or decreases in the same. The Bulk Rate
shall be determined as follows:
(a) The total amount of Operations and Maintenance
costs incurred by the County during a fiscal year shall be
calculated.
(b) Such total amount of Operations and Maintenance
costs shall then be divided by the number of gallons of wastewater
treated at the Regional Treatment facility during the corresponding
fiscal year. The per gallon cost thereupon derived shall be
multiplied by one thousand (1000) to determine actual cost per one
thousand (1000) gallons.
(c) The actual cost per one thousand (1000) gallons
shall thereupon be adjusted to reflect projected and anticipated
increases or decreases in the Operations and Maintenance expenses
reasonably expected to be incurred by the County in the forthcoming
rate period.
(d) The actual cost. per one thousand (Inou) gallons
adjusted as provided in (c) above shall be the Bulk Rate for the
next fiscal year.
27
h. Prior to the adoption of a bulk rate, the County
shall seek the advice and recommendations of the Regional Board
with respect thereto, and shall provide documentation to the
regional Board to support its conclusions and opinions regarding
the name.
5. on or before April 1 of each year, the County shall
advise the Town of an estimate of the bulk rate it intends to adopt
and shall adopt such rate on or before May 1 of each year..
6. The Town shall be furnished by the County, not later
than the tenth (10th) day of each month, an itemized statement or
bill (including the amount of wastewater treated, the rate and the
amount due) for the amount of wastewater transmitted into the
Regional Interception Pipeline through the Town Effluent Meter
during the preceding month, as established by the meter readings
made on the first day of each month.
7. The Town shall pay to the County the amount billed
to them by the County on or before the twentieth (20th) day of the
month in which the bill is rendered.
C. Procedures Prior to Imolem5; nl,�t ion_ noel. Cvcle
1. The Bulk Municipal Sewer Rate, prior to the
implementation of the Annual Cyclical Procedures outlined in
Section B above, shall be determined as follows:
(a) During the period beginning on the date the
County commences accepting wastewater from the Town into the
Regional System and continuing through the end of the fiscal year
following the fiscal year during which wastewater is first
accepted, the Bulk Municipal Sewer Rate shall be based upon
estimated operations and Maintenance expenses of the Regional
System as determined by the County and the Project engineers.
(b) During the first year in which the Annual
Cyclical Procedures are implemented, the Bulk Municipal Sewer Rate
shall be based upon demonstrable expenditures for the operations
and maintenance of the Regional system as indicated on the
nccount.i.ng rn,:ordrn for the Regional Systvin made durin(l the first
fiscal year of its operation (that period beginning on the date the
County commences accepting wastewater from the Town into the
Regional. System and continuing through the end of the same fiscal
year.), together with projected and anticipated increases or
decreases in the operations and maintenance expenses reasonably
expected to be incurred by the County in the forthcoming rate
period.
2. The first billing to the Town shall be made not
later than the tenth (10th) day of the month following the month
during which the County commences accepting wastewater from the
Town.
3. All other procedures provided in Section B above
shall be utilized in the calculating of the monthly bill to be
rendered to and paid by Town.
D. System Failure
The County will, at all times., operate and maintain the
Regional. System in an efficient manner and will take such action
as may be neces,ary to furnish sewer services to the Town.
Temporary or partial system failures shall be remedied with all
possible dispatch. Any reduction in services to the Town shall be
28 reduced or diminished in the same ratio or proportion as the same
is reduced or diminished with respect to the other local
governmental entities involved in the Project. Emergency failures
caused by main pipeline breaks, power failure, flood, fire,
earthquake, or other catastrophe shall excuse the County from the
obligation to provide sewer services, to the Town for such
reasonable period of time as may be necessary to restore service.
E. Indemnification of Town
The County shall and hereby does indemnify and hold
harmless the Town from and against- all costs, .loss, expenses,
(including attorney's fees), claims,suits and judgments whatsoever
in connection with any and all liability arising out of any error
or omission made or caused by the County and /or its officers,
agents and employees in connection with any of the Regional System
operated by the County.
F. Su ;:charges
1. Invoking Surcharges, The County shall invoke
surcharges upon the local governmental entities involved with the
Project when such entities:
(a) Discharge into the Regional System a quantity
of wastewater which exceeds such entities maximum flow input
amounts (reserved allocations), hereinafter referred to as "excess
use surcharges" or
(b) Discharge into the Regional System wastewater
which violates the regulations of the applicable federal, state,
and /or local governments and /or agencies, hereinafter referred to
as "violation caused surcharges.
2. Excess Use Surcharges. The procedures for
processing excess use surcharges shall be as follows:
(a)' Such surcharges shall be imposed and calculated
based on each monthly meter reading period.
(b) The surcharges shall be invoked effective the
monthly meter reading period during which the excess use first
occurs and shall continue until such use is ended.
(c) The amount of the surcharge shall be calculated
based upon the surcharge as set by the Regional Board.
(d) Surcharges shall be payable twice a year, on
or before May 1 and November 1. Such surcharges shall be
distributed as provided in Section 3 below.
3. Distribution of Excess Use Surcharges. Surcharges
imposed and collected by reason of excessive discharges shall be
distributed among the local governmental entities involved with the
Project as follows; subject, however to the conditions set forth
in (e) and (f) below:
(a) For
each month the Town of
Lillington
exceeds
its reserved allocation,
the surcharge assessed
to it shall
be paid
368 to the Town of Angier, 368 to the Suies Creek -Coats Water and
Sewer District of Harnett County, and 288 to the County of Harnett.
(b) For each month the Town of Angier exceeds its
reserved allocation, the surcharge assessed to it shall be paid 408
to the Town of Lillington, 338 to the Buies Creek -Coats Water and
Sewer. District of Harnett County, ..:nd l.' /% to the County of Harnett.
(c) For each month the Bui.es.Creek -Coats Water and
Sewer District of Harnett County exceeds its reserved allocation,
the surcharge assessed to it shal.l he paid 338 to the Town of
Angier, 408 to the Town of Lillington, and 278 to the County of
Harnett.
29
(d) For each month the County of Harnett exceeds
Its reserved allocation, the surcharge assessed to it shall be paid
318 to the Buies Creek -Coats Water and Sewer District of Harnett
County, 318 to the Town of Angier, and 384 to the Town of
Li.l .l.i.ngton.
(e) The above distribution percentages have been
calculated assuming that the respective reserved allocations for
the entities involved with the Project are as follows:
I. Lillington- 600,000 gallons per day
ii. Angier- 500,000 gallons per day
iii.. Buies Creek - Coat:: District- 500,000 gallons per
day
iv. Harnett County- 400,000 gallons per day
In the event that any one or more of the entities has
increased its reserved allocation by expansion, purchase or
otherwise, the percentages as set forth in paragraphs a - d above
shall be modified and shall be stated as that portion which each
entity owns, expressed as a percentage of the reserved allocations
of all receiving entities.
(f) In the event the total amount of gallons of
capacity used by a potential receiving entity during a month,
together with that number of gallons of capacity which equals the
respective percentage applicable to such entity multiplied by the
number of gallons of excess upon which the surcharge is calculated,
exceeds the number of gallons of reserved capacity for that entity,
then such entity shall receive only the amount of the surcharge
which applies to the difference between its reserved allocation and
the total amount of gallons of capacity used by that entity during
a month. Such portion of the surcharge not paid to the entity
shall be prorated among the other receiving entities based on the
poiconP.ayns above stated.
4. Violation Caused Surcharges. The procedures for
processing surcharges invoked by roason of violations shall be as
Follows:
(a) The amount of the surcharge shall be calculated
based upon the surcharge as set by the Regional Board and based on
the strength of the waste being received above the average domestic
waste concentrations as may be defined by law.
(b) The surcharge shall be added to the Operation
and Maintenance costs billed to the local governmental entity
i.nvol.ved with the Project upon whinth the r,nrchargo has been
invoked.
(c) The surcharges shall be invoked effective the
monthly meter reading period during which the violation first
occurs and shall continue until such violation is remedied.
(d) The surcharges shall be placed into the
Operations and Maintenance budget of the Regional System.
C. Mora to r3unpj
The County shall invoke moratoriums upon the local
governmental entities involved with the Project when such entities:
1. Discharge into the Regional System for a period of
four (4) out of six (6) consecutive calendar months a quantity of
wastewater which exceeds such entity's maximum flow input amounts
(reserved allocations); or
30
2. Discharge into the Regional system wastewater which
violates the regulations of the applicable federal, state and /or
local governments and /or agencies and such entities do not promptly
act to remedy such violations.
A moratorium as provided herein shall mean a suspension
of the issuance of all building permits for the entity. The
moratorium shall remain in effect until the condition causing the
same has been resolved satisfactory to the County.
SECTION IX
Regional System Distinct From Town System
It is understood that the Regional System shall be distinct
and separate from the existing system of the Town. As such, except
as expressly provided in this Agrecmcnt, the County may, with
respect- to the Regional System:
A. operate, maintain, manage, regulate and control the
Regional System;
B. Establish and set all rates, fees, and other charges
applicable thereto;
C. Adopt such ordinances, rules, regulations and other
procedures as it deems appropriate therefor;
D. Collect and retain revenues and other monies obtained in
the operation of the same; and
E. otherwise, exercise with respect thereto any and all
rights, authorities or privileges it may be or has been granted by
law.
SECTION X
Existing Collection System of Town
A. Ownership
The existing collection system of the Town shall be and
remain the sole property of the Town.
B. Operations and Maintenance
The Town shall be solely responsible for the operations
and maintenance of its existing collection system.
C. Rates. Fees, and other Charges
1. Establishment. The Town shall establish and set all
rates, fees, and other charges for sewer connections and services
provided from its existing collection system.
2. Billing and Collection. The Town shall be
responsible for billing all sewer service .customers served or to
be served by its existing collection system. All costs related to
billing and collection shall be paid by Town.
D. Administrative Expenses
The Town shall be responsible for all administrative,
Legal, and other costs associated with its existing collection
system.
E. Indemnification of County
The Town shall and hereby does indemnify and hold
harmless the County from and against all costs, loss, expenses,
(.including attorneys' fees) claims, su.i.ta and judgment:: whatsoever
in connection with any and all liabiHLy arising out of any error
or omission made or caused by the Town and /or its officers, agents
and employees in connection with its existing sewer collection
system or any other sewer collection system operated by the
Town.
31
SECTION XI
Certain Expansions Related to the Town
A. Expansions to Collection System of Town - County
Nonparticipant
1. Applicability. The provisions of this subsection
shall apply in the event sewerage collection pipelines, force
mains, and /or related facilities are constructed such that effluent
therefrom shall flow through the Town Effluent Meter, and the same
have been either:
(a) constructed or caused to be constructed solely
by the Town, OR
(b) constructed by some person, firm, or entity
other than the County, and accepted by the
Town as part of its collection system.
2. Ownership. Sewerage collection pipelines, force
mains and /or related facilities as identified in subsection A(1)
above shall be and remain the sole property of the Town.
3. Operation and Maintenance. The Town shall be solely
responsible for the operation and maintenance of any sewerage
collection pipelines, force mains, and /or related facilities as
identified in subsection A(1) above.
4. Rates, Fees, and Other Charges. The Town shall
establish and set all rates, fees, and other charges for sewer
connections and services provided from any sewerage collection
pipelines, force mains, and /or related facilities as identified in
subsection A(1) above.
5. Billing and Collect.i.on. The Town shall be
responsible for billing all sewer service customers served by
sewerage collection pipeline, force mains, and /or related
foci]. ,i,ti.es an identified in subsection A(1) above. All costs
related to billing and collection shall be paid by Town.
6. Administrative Expenses. The Town shall be
responsible for all administrative, legal, and other costs
associated with sewerage collection pipeline, force mains, and /or
related facilities as identified in subsection A(1) above.
B. Expansions for Benefit of Town - County Nonparticipant
1. Applicability. The provisions of this subsection
shall apply to sewerage collection pipelines, force mains, and /or
related facilities to be constructed such that effluent therefrom
shall not flow through the Town Effluent Meter, but shall flow
otherwise into the Regional Interception Pipeline, and the same are
to be either:
(a) constructed or caused constructed solely by the
Town, OR
(b) constructed by some person, firm, or entity
other than the County and the areas serviced
therefrom are to be incorporated into the
municipal boundaries of the Town.
2. Connection Subject to County Approval. Any sewerage
collection pipeline, force mains, and /or related facilities
identified in subsection B(1) above shall not be connected to the
Regional Interception Pipeline or any other pipeline or main owned
by the County until such connection is approved in writing by the
County.
32
3. Ownership. Any sewerage collection pipelines, force -
mains, and /or related facilities identified in subsection B(1)
above shall be and remain the sole property of the Town.
4. Provisions Subject to Mutual Agreement. With respect
to any sewerage collection pipelines, force mains, and /or related
facilities identified in subsection B(1) above, it is agreed that
County and Town shall collaborate, and prior to construction of the
same, agree to provisions with respect thereto regarding the
fo l..low.i.nq:
(a) Metering of effluent transmitted therefrom,
(b) Operation and maintenance thereof,
(c) Rates, fees, and other charges applicable
thereto,
(d) Responsibility for billings and collections
related thereto; and
(e) Responsibility f.or administration expenses
regarding the same.
C. Count Expansions to CollecLi on System of Town
1. Applicability. The provisions of this Subsection
shall apply to sewerage collection pipelines, force mains and /or
related facilities to be constructed outside the corporate limits
of the Town and such that effluent therefrom shall flow through the
Town Effluent. Meter and the same are to be either:
(a) constructed or caused to be constructed solely
by the County, or
(b) constructed by some person, firm or entity
other than the Town and are to be accepted by
the County as part of its collection system.
2. Connection Subject to Town Approval. Any sewerage
collection pipelines, force mains and /or related facilities
identified in subsection C(1) above shall not be connected to the
existing collection system of the 'Down or any system identified in
subsection A(1) hereof until such connection is approved in writing
by the Town.
3. Ownership. Any sewerage collection pipeline, force
mains and /or related facilities identified in subsection C(1) above
shall be and remain the sole property of the County.
4. Provisions Subject to Mutual Agreement. With
respect- to any sewerage collection pipelines, force mains and /or
related facilities identified in subsection C(1) above, it is
agreed that County and Town shall collaborate, and prior to
construction of the same, .agree as to provisions with respect
thereto regarding the following:
(a) Metering of effluent transmitted therefrom,
(b) Operation and maintenance thereof,
(c) Rates, fees and other charges applicable
thereto,
(d) Responsibility for billings and collections
related thereto; and
(e) Responsibility for administrative expenses
regarding the same.
D. Coun_L•.v Expansions in Vicil?•i ty__of Tow
1. Applicability. The provisions of this subsection
shall apply to sewerage collection pipelines, force mains and /or
33
related facilities constructed such that effluent therefrom shall
not flow through the Town Effluent Meter, but shall flow otherwise
into the Regional Interceptor Pipeline, and the same has been
either:
(a) constructed or caused to be constructed solely
by the County, or
- (b) constructed by some person, firm or entity
other than the Town, and accepted by the County
as part of its collection system.
2. Ownership. Sewerage collection pipelines, force
mains and /or related facilities as identified in subsection D(l)
above shall be and remain the sole property of the County.
3. Operation and Maintenance. The County shall be
:solely responsible for the operation and maintenance of any
sewerage collection pipelines, force mains and /or related
facilities as identified in subsection D(1) above.
4. Rates, Fees and Other Charges. The County shall
establish and set all rates, fees and other charges for sewer
connections and services provided from any sewerage collection
pipeline, force mains and /or related facilities as identified in
subsection D(1) above.
5. Billing and Collections. The County shall be
responsible for billing all sewer service customers served by
sewerage collection pipelines, force mains and /or related
facilities as identified in subsection D(l) above. All costs
related to billing and collection shall be paid by County.
6. Administrative Expellee:;, The County shall be
responsible for all administrative, legal and other costs
associated with any sewerage collection pipelines, force mains
and /or related facilities as identified in subsection D(l) above.
E. Exoaneions Res i om Jo'nt Cooperation of Town and
County /Other - xoaneione Not Identified
1. Applicability. The provisions of this subsection
shall apply to sewerage collection pipelines, force mains and /or
related facilities constructed or caused to be constructed as a
result of a joint- effort of the County and Town or planned or
caused to be constructed pursuant to some, ol:her plan not .identified
herein.
2. Provisions Subject to Mutual Agreement. With
respect to any sewerage collection pipelines, force mains and /or
related facilities as identified in subsection E(1) above, it is
agreed that County and Town shall collaborate and, prior to
construction of the same, agree as to provisions with respect
thereto rngardi.ng the following:
` (a) Ownership thereof,
(b) Metering of effluent transmitted therefrom,
(c) Operation and maintenance thereof,
(d) Responsibility for establishment of rates, fees
and other charges applicable thereto,
(e) Responsibility for billings and collections
related thereto, and
(f) Responsibility for administrative expenses
regarding the same.
34
SECTION XII
Expansion of Regional System
A. Section Applicability
The provisions of this Section shall apply in the event
one or more of the following circumstances should arise:
1. The Town determines that it desires additional
wastewater treatment plant capacity such that an expansion must be
mvvh= to I. hr. Rogiona1. Treatment Feel it.y to ubtaiu such ndel.i.ti.onal
capacity.
2. The County determines that it desires additional
wastewater trent:ment plant capacity much that an expansion must: be
made to the Regional Treatment Facility to obtain such additional
capacity.
3. A determination is made that wastewater flow from
the Town .into the Regional Interceptor. Pipeline has increased or
is anticipated to increase to such extent that the Regional
Interceptor Pipeline must be upgraded, expanded, and /or enlarged
to ninet the flow requirements of the Tnwn.
4. The County determines that it desires to upgrade,
expand, and /or enlarge one of the main interceptor pipelines
constructed as part of the Project.
5. The County determines that it desires to provide
wastewater treatment services to other local governmental entities
not involved with the Project.
B. Neoati.ve _Lmpacts
With respect to the implemc:htati.un of any expansion to
the Regional System as described in this Section, a negative .impact
shall be deemed to result from the same, if It is reasonably
expected to cause:
1. Additional debt service costs to be incurred by the
local governmental entity or entities not participating therein;.
or
2. A reduction or diminution in services to any or all
the local governmental entities involved in the Project; or
3. Additional Operations and Maintenance costs to be
incurred by the local governmental entity or entities not
participating therein.
C. Procedure.
In the event the County and /or the Town desire to
implement an expansion as described in this Section, then the
following procedures shall be utilized:
1. The County and /or the Town shall cause appropriate
investigations, studies, and /or evaluations to be conducted to
doCorm.i.na whether or not negative Imtuicts. will. result from the
desired expansion.
2. In the event a determination is made that negative
impacts, will r:esu.l.l: from the expanS.ioli, t:ha County and /or: the Town
will formulate actions to be put into effect with the
implementation of the expansion which will remedy the effect of
such negative impacts.
3. The County and /or the Town shall present- any
proposal relative to the implementation of an expansion to the
Regional Board. Such proposal shall include such documentation as
will. reasonably support its conclusions and opinions relative to
negative impacts.
4. The County and /or the 91own shall cooperage with the 35
Regional Board as said Board carries out its functions as set forth
in Section xIv of this Agreement.
5. Upon approval of the proposed expansion by the
Regional Board, the party or parties involved shall be authorized
to .implement the proposed expansion.
D. Additional Procedure Author_i-zed for Benefit of Count
In the event that the Regional Board does not: approve an
expansion desired by the County, and /or fails to carry out its
duties with respect to making its decision regarding such expansion
in a timely manner, then it is understood that the County may
proceed to implement an expansion if the expansion is reasonably
expected to cause no negative impacts on the local governmental
entity or entities not involved !.it the expansion; or, those
negative .impacts reasonably expected to result from the expansion
have been or will be, upon implementation of the expansion, remedied
by the county. Such expansion as is herein authorized may be
jointly implemented by the County and another of the local
governmental entities involved in the Project. It is agreed that
any wastewater treatment plant capacity and /or any interceptor line
capacity resulting pursuant to such expansion shall be allocated
to the County and, if applicable, the other local governmental
entity involved with said expansion.
It. (lrlrl i l: ,o u.•}�Procedure Att t,hgr i ::ed_ I:orq,`AW' jJ_ul._.,'Town
In the event that the Regional. Board does not approve an
expansion desired by the Town, and /or. fails to carry out its duties
wi.t:h ror;pect to making its decision regarding hitch expansion in a
timely manner, then it is understood that the Town may proceed to
implement an expansion if the expansion is reasonably expected to
cause no negative impacts on the local governmental entity or
entities, not involved in the expansion; or, those negative .impacts
reasonably expected to result from the expansion have been or will
be, upon implementation of the expansion, remedied by the Town.
Such expansion as is herein authorized may be jointly .implemented
by the Town and another of the local governmental entities involved
in the Project..
PROVIDED, HOWEVER, that should the Town determine to
proceed as provided hereunder, that it shall do so under the
following terns and conditions:
1. The Town shall employ consulting engineers,
acreptahle, to and approved by County, to design the desired
expansion. Upon completion, the plans and specifications for the
nxpansion shal. 1. be presented to the County for review and approval.
The County shall approve such plans and specifications unless good
cause exists to disapprove the same. The County agrees to not
unreasonably withhold approval of such plans and specifications.
2. The County, as operator of the Regional System,
shall collaborate and cooperate with the Town in order to obtain
the necessary permits from the applicable federal, state and /or
local. governments and /or agencies so as to proceed with
construction of the expansion.
3. The County, as operator of the Regional System, and
the Town shall make provision for the joint submission of the
expansion project for bids. The contract or contracts for
construction shall thereafter be awarded according to law. The
decision as to which bid or bids to accept or any decision to rebid
the project shall be made by the Town.
36 - 4. During construction it is agreed that the County
shall be authorized to inspect and observe the construction . process
su an to insure t:ho .acceptable complel i.on of the expan! -ion.
5. All costs associated with the expansion shall be
paid by l.he 'Town. Administrative costs incurred by the County
shall. be paid by the Town to the ConnLy upon billing by the County.
Costs of design, construction observation and other engineering
Services shall. be paid directly by the Town to the engineer. In
the event it is necessary for the County to enter into contracts
for the ronstruct.ion of the expansi.un (f.or the bonef.iit ol: the Town)
costs incurred pursuant to such contracts shall be paid by the Town
over the course of the construction period within ten (10) days
after submission of periodic pay enti:mates [as issued by the
contractor.(s)and /or engineer].
6. It is agreed that any wastewater treatment plant
capacity and /or any interceptor line capacity resulting pursuant
to the above described procedure shall be allocated to and owned
by the Town.
7. As set forth in this proviso, the term Town shall
.i.nr.lude, if applicable, the other l.ocal governmental. entity
involved with said expansion.
SECTION XIII
Sale of Capacity Allocations in Regional System
A. Section Applicability
The provisions of this Section shall apply in the event
one or more of the following circumstances should arise.
1. The Town determines that it desires to sell all or
a portion of its capacity allocation in the Regional System to one
or more of the other local governmental entities involved with the
Project.
2. The Town determines that it desires to purchase all
or porti.on of the capacity allocation in the Regional system held
by one or more of the other local governmental entities involved
with the Project.
3. The County determines that it desires to sell all
or a portion of its capacity allocation in the Regional System to
one or more of the other local governmental. entities involved with
I.h': Projo.u:t.
4. The County determines that it desires to purchase
all or a portion of the capacity allocation in the Regional System
held by one or more of the other local . goveT rime ntal ontit.ies
involved . with the Project
B. Neeative Impact
With respect to the purchase and /or sale of capacity
al.lncalilnns in the Regional System a:: described in th.i.n section,
a negative impact shall be deemed to result from a purchase and /or
sale if such purchase and /or sale is reasonably expected to cause:
1. Additional debt service costs to be incurred by the
local governmental entity or entities not parties to the purchase
and /or sale; or
2. A reduction or diminution in services to any or all
the local governmental entities involved in the Project; or
3. Additional Operations and Maintenance costs to be
incurred by the local governmental nnFity or entities not parties
to the purchase and /or sale.
37
C. Procedure.
In the event the County and /or the Town desire to
purchase and /or sell capacity allocations in the Regional System
as described in this Section, then the foll.owing procedures shall
be utilized:
1. The County and /or the Town shall cause appropriate
investigations, studies and /or evaluations to be conducted to
determine whether or not negative impacts will result from the
purchase and /or sale.
2. In the event a determination is made that: negative
impacts will result from the purchase and /or sale, the County
and /or the Town will formulate actions Lo be put- into offect
together with the purchase and /or sale which will remedy the effect
of such negative impacts.
3. The County and /or the Town shall present any
proposal relative to the purchase and /or sale of capacity
allocations in the Regional System to the Regional Board. Such
pr opot:n I nha I I i nr.ludo such doc;uunn; nl:.i nn a:: wi Ll re;e:ouabl.y
support its conclusions and opinions relative to negative .impacts.
4. The County and /or the 'town shall cooperate with the
Recional. Board as said Board carries out .its functions an set forth
in Section XIV of this Agreement.
5. Upon approval of the proposed purchase and /or sale
by the Regional Board, the parties involved shall be authorized to
completo said purchase and /or. sale.
D. Additional Procedure Authorize d f r RenRfiY of County
In the event that the Regional Board does not approve a
proposal. made by the County to purchase and /or sell capacity
allocations in the Regional System, and /or fails to carry out its
duties with respect to making its decision regarding such purchase
and /or sale in a timely manner, then it is understood that the
County may proceed to consummate the proposed purchase and /or sale
if the purchase and /or sale is reasonably expected to cause no
negative impacts on the local governmental entity or entities not
involved in the purchase and /or sale or, those. negat.i.ve impacts
reasonably expected to result from the purchase and /or sale have
been or will be, upon consummation of the purchase and /or sale,
remedied by the County.
E. Additional Procedure Authorized for Benefit of Town
In the event that the Regional. Board does not approve a
proposal made by the Town to purchase and /or sell capacity
allocations in the Regional System, and /or fails to carry out its
duties with respect to making its decision regarding such purchase
and /or sale in a timely manner, then it is understood that the Town
may proceed to consummate the proposed purchase and /or sale if the
purchase and /or sale is reasonably expected to cause no negative
impacts on the local governmental entity or entities not involved
.i.0 the purchase and /or sale or, those negative .impacts reasonably
expected to result from the purchase and /or sale have been or will
be, upon consummation of the purchase and /or sale, remedied by the
Town.
PROVIDED HOWEVER, that should the Town consummate a sale
of all or a portion of its capacity allocation in the Regional
38 syst*nm to another local governmenta.1 entity involved in the
Project, the Town shall be and remain liable to the County
herounder for the Town's portion of the costr, of the Regional
System.
AND FURTHER PROVIDED, that should a purchase and /or sale
as provided hereunder cause any modification to be made to the
Regional System, then, such modification shall be completed upon
the I:ol..lowi.ng terms and conditions:
1. The Town shall ellipIoy consulting engineers
acceptable to and approved by County, to design the desired
modification. Upon completion, the plans and specifications for
the modification shall be presented to the County for review and
approval. The County shall approve such plans and specifications
unless good cause exists to disapprove the same. The County agrees
to not unreasonably withhold approval of such plans and
specifications.
2. The County, as operal.or of the Regional System,
shall collaborate and cooperate with the Town in order to obtain
the necessary permits from the applicable federal, state and /or
local governments and /or agencies so as to proceed with
construction of the modification.
3. The County, as operator of the Regional System, and
the Town shall make provision for the joint submission of the
modification project for bids. The contract or contracts for
construction shall thereafter be awarded according to law. The
decision as to which bid or bids to accept or any decision to rebid
the project shall be made by the Town.
4. During construction it is agreed that the County
shall be authorized to inspect and observe the construction process
so as to insure the acceptable completion of the modification.
5. All costs associated with the mod.i ficatiun r:hal.l be
paid by the Town. Administrative costs incurred by the County
shall be paid by the Town to the County upon billing by the County.
Costs of design, construction observation and other engineering
services shall be paid directly by the Town to the engineer. In
the event it is necessary for the County to enter into contracts
for the construction of the modifi.cal.ierrr (for the benefit of the
Town) costs incurred pursuant to such contracts shall be paid by
I:ho Town over the course of the constrnc•Lion period within ten (10)
mays nf:l.er submission of periodic pay ostimater. (as issuod by the
contract-or(s) and /or engineer].
SECTION XIV
Cape Fear Regional Wastewater Board
A. Creation
The County and the Town agree to cooperate and
participate in the establishment ol: the Cape rear Regional
Wastewater Board (hereinafter sometimes referred to as the
"Regional Board ") in accordance with the provisions of this
Section. It is acknowledged that the County has entered into
Agreements with the other local governmental entities involved with
the Project and that each such Agreement contains a Section
regarding the Regional Board which is in substance identical to
1.10 f; Srcl.lon. It .i.s understood that. I.lu+ Town and the County hereby
agree that they shall abide by those provisions of this Agreement
concerning the Regional Board as the same apply to the other local
governmental entities in-°>olved with the Project.
39
B. Purpose of Regional Board
It is the desire of the .local governmental en L.ities
involved with the Project to create the Regional Board for the
following purposes:
1. To create a forum where the concerns and desires of
such entities may be freely and openly discussed so as to insure
l:hat: all entities will be made aware of the status of all aspects
of the Regional System and its operation.
2. To promote cooperation between such en Li.L.i.ea,
3. To insure that all such entities will be provided
an opportunity to make suggestions and comments relative to the
status of the Regional System and its operation.
4. To review proposals to modify the existing status
of the Regional System and its operation.
5. To review proposals to expand the Regional System
and to promote agreement and cooperation between such entities with
respect thereto.
6. To carry out and implement its duties and
authorities set forth in this Agreement.
C. Membership'
Two members of the Regional Board shall be appointed by
each local governmental entity involved with the Project, one of
which shall be a member of the governing body of the entity
appointing such members. The members of the Regional Board shall
serve at the pleasure of the Board appointing them.
D. Initial Appointment
The Regional Board shall be initially appointed prior to
January 17, 1990.
E. Meetings
Regular meetings of the Regional Board shall be held on
the fourth Tuesday of the first month in each calendar quarter of
the year at 7:00 o'clock p.m., and at such other times as requested
by any entity represented on said Board. The Board shall meet in
the Conference Room of the Northeast Metropolitan Water Plant
Facility located on West Duncan Street in Lillington, North
Carolina.
F. Voting
Each entity represented on the Regional Board shall be
entitled to one vote on each issue coming before the Board and that
vote may be cast by either member of the Regional Board
representing such entity. Both members representing an entity need
not be present for that entity's full vote to be cast.
G. Officers
At the first meeting of the Regional Board each calendar
year, the Regional Board shall elect from its membership a Chairman
and a Vice - Chairman. The fact that a Board member shall be elected
to either office shall have no effect upon the voting rights of
that member or of the entity such member represents.
H. Operating Procedures
The proceedings of the Regional Board shall be conducted
in ;iacordance with the most recent - +dit.ion of liobert_0__Rules of
order, except where the provisions of this Agreement provide
otherwise.
E1
t Du_t..Los P Regional Board.... Rgg;irdin
Reaional System Capacity Allocations and Regional System
Expansions
1. Statement of Intent. Tt is the intent of the local
governmental entities involved with the Project to provide, through
the Regional Board, a forum for discussion, review and approval of
any proposal to purchase and /or sell capacity allocations in the
Rey.i.onal System or to expand the Regional. System. Iu connection
therewith , the Board shall not unreasonably withhold approval of
such proposal, but rather shall be required to approve the same ,
unless good cause shall be shown not to do so. Additionally, the
Board shall use its best efforts to promote cooperation and
agreement between the several entities involved with the Project
with respect to such proposals.
2. Procedure. At such Lime as one or more of Cho local
governmental entities involved with the Project present a proposal
to the Board to implement an expansion as provided in Section XII
of this Agreement and /or a proposal to purchase and /or sell
Regional System capacity allocations as provided in Section XIII
of this Agreement the Regional Board shall:
(a) Discuss and evaluate the proposal presented
and explore the possibility of formulating an agreement between
all the local governmental entities involved with the Project to
achieve a mutually beneficial result for all such entities.
(b) Discuss and evaluate the conclusions and
opinions of the proposing entity or entities with regard to
negative imparts of the proposal and, .i..f: applicable, the plans of
such proposing entity or entities to remedy negative impacts.
(c) In the event of disagreement, offer comments
and suggestions with regard to terms and conditions to De
implemented as part of the proposal which will remedy negative
impacts.
wa:aewaLer. Syr;l.em shall be made ill w, it.i.nq to each member of the
Board at the regular meetings. Such reports shall include
statements of revenues and expenditures, the operations status,
flow informati.on and other pertinent. data.
SECTION XV
General Provisions
A. Successors to the County or .t.he...'.fown
In the event of any occurrence rendering the County
and /or the Town incapable of performing under this Agreement, any
successor of the County and /or the 'Town, whether the renu.lt of
legal process, assignment, or otherwise, shall succeed to the
rights of the County and /or Town hereunder.. The covenants and
agreements contained in this Agreement- are binding on the parties
hereto and their successors, assigns and legal representatives.
B. Reoulatory Agencies
This Agreement is subject to such rules, regulations,
statutes and /or laws as may be appl.icable to such or similar
agreements in this State and the parties agree to collaborate when
necessary to obtain such permits, certifications, or the like, as
may be required to comply therewith.
41
C. Modification
The provisions of this Agreement may be modified or
altered by mutual agreement, EXCEPT with regard to Section XIV when
any modification or alteration thereto shall be agreed upon by all
governmental entities represented on said Regional Board.
PROVIDED, HOWEVER, that when applicable, prior to such modification
or alteration, approvals therefor will be obtained when necessary
from the appropriate Federal and /or. State agencies. All
modifications or alterations shall be in writing, and presented to
all other entities prior to any entities' modifying their. original
Agreements.
D. Modifications Resulting from a Chance in Proiect
Participants
This Agreement has been entered into upon the assumption
that in addition to the County, the Town and the Buies Creek -Coats
Water and Sewer District of Harnett County, that the Town of
Lillington will participate in the Project. In the event the Town
of Lillington does not participate, it is agreed that provisions
herein referencing its participation and provisions herein
requiring modification as a result of its nonpartic.ipat..i.on shall
be amended, modified or otherwise corrected.
E. Authority to Determine Certain Dptails
Whenever, in the course of performing the various terms
of this Agreement, it becomes necessary for the parties to make
determinations with respect to certain details not specifically
'I provided for herein, such as inspections, system testing or the
like, appropriate representatives of the parties may collaborate
and mutually agree upon such matters, without need for the
amendment or modification hereof.
F. Assignments
Unless specifically provided in this Agreement, it is
agreed that neither the County nor the Town may assign, transfer
and /or convey their respective rights and /or obligations hereunder
without the express written consent of the other.
G. Local Government Commission
Where applicable, with respect to this Agreement and the
construction of the Project, the 'Town and the County agree to
obtain the necessary approvals from the Local Government Commission
as are required thereby.
H. Ordinances
The Town covenants that prior to the commencement of the
transmission of wastewater into the Regional Interceptor Pipeline,
it will adopt an Ordinance regulating the use of its sewerage
collection systems. Said Ordinance shall, among other things,
limit and /or prohibit (where appropriate) the discharge of
wastewater into the said sewerage collection systems where such
wastewater would, singly or by interaction with other wastewater,
cause harm or damage to, or interfere with the proper operation of
the Regional System, and /or treatment process or cause adverse
effects upon the receiving waters from the Regional Treatment
Facility.
42
I. Notices
Any notice required to be given hereunder by the County
to the Town shall be made by the County in writing and mailed by
first class mail to the Town of Angier at the following address:
Post Office Box 278..
Angier, North Carolina 27501
Any notice required to be given hereunder by the Town to the
County shall be made by the Town in writing and mailed by First
Class mail to the County Manager, Harnett County, at the following
address:
Post Office Box 759
Lillington, N. C. 27546
J. Authority
The County and the Town represent and warrant, each to
the other, the existence of all capacity, authority, resolutions
and actions necessary to execute this Agreement.
K. Duplicate Agreements
This Agreement is executed in duplicate originals, one
of which is retained by each party hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be duly executed on the day and year written.
Executed by Town of Angier this 18thday of December, 1989.
Town of Angier
BYil�
7. Jack Marley, T yor
AM'
JO&n J. Matthews, Clerk
Executed by the County of Harnett, this 18th day of December,
1989.
At st:
Vanessa W. Youngo Clenk
to the Board
COUN``��T''Y QOF H((��ARNfE --,TT '�.,�
By / /�——
L16 td . Stewart, Chairman
Harnett County Board of
Commissioners
HK
DOCUMENT NO. 2.
RESOLUTION AUTHORIZING EZECUTION OF AGREEMENT
WITH THE TOWN OF LILLINGTON REGARDING THE
CAPE FEAR REGIONAL WASTEWATER SYSTEM
WHEREAS, the Harnett County Board of Commissioners,
(hereinafter sometimes referred to as the "Board ") has heretofore
caused a comprehensive wastewater study to be conducted for the
purpose of examining and analyzing the wastewater facilities needs
of Harnett County; and
WHEREAS, pursuant to the recommendations of said study, the
County of Harnett formulated a plan to construct a wastewater
facility system designated as the Cape Fear Regional Wastewater
System; and
WHEREAS, the County of Harnett has requested the Town of
Lillington to participate in the construction and use of said
System and the Town of Lillington has agreed so to do; and
WHEREAS, attached to this Resolution as Exhibit "A" is a copy
of an Agreement between the County of Harnett and the Town of
Lillington setting forth the various details of the agreements of
said parties with respect to the Cape Fear Regional Wastewater
System; and
WHEREAS, upon review and consideration of said Agreement, it
is the finding of the Board that the construction of said regional
wastewater system will be of great benefit to the current and
future health and well being of the citizens of Harnett County and
the Town of Lillington; and
WHEREAS, it is the desire of the Board that the County of
Harnett enter into said Agreement so to implement the Cape Fear
Regional Wastewater System.
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that:
1. The County of Harnett shall and is hereby
authorized to enter into the Agreement between
said County and the Town of Lillington, a copy
of which is attached hereto as Exhibit "A ".
2. The appropriate officers of the County of
Harnett are hereby directed to execute the
originals of said Agreement.
Duly adopted this 1BLh day of December, 1989 upon motion made
by Commissioner Shaw , seconded by Commissioner Hudson ,
and adopted by the following vote:
Ayes 4 Noes U
Abstained U Absent 1
Harnett County Board of Commissioners
By:
loyd G. Stewart, Chairman
Attest-
•✓ V�/I V Ll A... G/
Vanessa W. Young, erk
the Board
EXHIBIT "A"
NORTH CAROLINA
HARNETT COUNTY
THIS AGREEMENT is made and entered into this 18th day of
December, 1989 by and between the COUNTY OF HARNETT, a body politic
organized and existing under the laws of the State of North
Carolina (hereinafter sometimes referred to as the "County ") and
the TOWN OF LILLINGTON, a municipal corporation organized and
existing under the laws of the State of North Carolina (hereinafter
sometimes referred to as the "Town ");
N I T N E S S E T H:
THAT WHEREAS, the County has caused a Comprehensive Wastewater
Study to be conducted for the purpose of examining and analyzing
the wastewater facilities needs of Harnett County; and
I
WHEREAS, one of the results of that Study was the
identification of a need for a regional sewer collection and
treatment system to serve several local governmental entities
existing in the central portion of Harnett County; and
WHEREAS, in order to meet the demands of the existing and
future wastewater disposal needs as identified, the construction
of a wastewater facility system, designated as the Cape Fear
Regional Wastewater System, has been recommended; and
WHEREAS, the plans for the Cape Fear Regional Wastewater
System include the replacement of the existing waste treatment
facilities serving the Town of Lillington, the Town of Angier and
the Buies Creek - Coats Water and Sewer District of Harnett County,
the construction of a new regional wastewater treatment facility
and the construction of main interceptor pipelines to connect the
above named local governmental entities to the new treatment
facility; and
WHEREAS, in anticipation of the need for construction of
wastewater facilities in Harnett County, the Board of Commissioners
of Harnett County requested Federal and State assistance in funding
the construction of the Cape Fear Regional Wastewater System; and
WHEREAS, pursuant to the North Carolina Clean Water Revolving
Loan and Grant Act of 1987 and the provisions of the Federal Water
Quality Act of 1987, the State of North Carolina, through its
Division of Environmental Management, Department of Environment,
Health and Natural Resources, advised the County that monies for
a loan to fund the costs of the Cape Fear Regional Wastewater
System have been reserved for Harnett County; and
WHEREAS, the County determined that it desired to proceed with
the implementation, construction and eventual operation of the Cape
Fear Regional Wastewater System,, and in connection therewith
requested the Town of Lillington to enter into an agreement with
the County regarding the participation of the Town in said System;
and
WHEREAS, the Board of Commissioners of the Town of Lillington
has determined that the Cape Fear Regional Wastewater System will
be of great benefit to the health and well being of the citizens
of the Town of Lillington, and
WHEREAS, the Town has therefore determined that it desires to
participate in the Cape Fear Regional Wastewater System; and
WHEREAS, pursuant to the provisions of Chapter 160A, Article
20, Part 1 of the North Carolina General Statutes entitled
"Interlocal Cooperation, Joint Exercise of Powers," the County and
the Town desire to enter into this Agreement with respect to the
Cape Fear Regional Wastewater System setting forth the terms and
conditions of their mutual agreements regarding the same.
NOW, THEREFORE, in consideration of the mutual
representations, warranties, covenants and agreements herein
contained, and for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the County and the
Town agree as follows:
SECTION I
Definitions
The following definitions, designations and /or explanation of
terms shall be used for the purposes of this Agreement:
A. "Project" shall refer to the Cape Fear Regional
Wastewater System construction project.
B. "Regional Treatment Facility" shall refer to the
wastewater treatment and disposal facility to be constructed as
part of the Project, and thereafter owned, operated, managed and
maintained by the County, except as hereinafter set forth.
C. "Regional Interceptor Pipeline" shall refer to the
wastewater interceptor pipeline to be constructed and installed as
part of the Project which shall connect the existing system of the
Town to the wastewater interceptor pipeline (also to be constructed
and installed as part of the Project) which shall run parallel to
the Cape Fear River to the Regional Treatment Facility.
D. "Regional System" shall refer to the entire wastewater
collection, treatment and disposal system constructed and installed
pursuant to the Project, and shall include all lands required for
the installation of the same, together with continuous and adequate
easements and rights of way over other lands necessary to erect,
construct, install and lay and thereafter use, operate, inspect,
repair, replace, remove, change the size of such facilities as
named, and in addition shall include the Regional Treatment
Facility, the Regional Interceptor Pipeline and the Town Effluent
Meter.
E. "Town Effluent Meter" shall refer to that meter facility
and related appurtenances constructed or otherwise provided for as
part of the Project to which wastewater from the Town shall be
transmitted by the Town and which shall measure the quantity of
wastewater being delivered by the Town into the Regional
Interceptor Pipeline.
F. Any terminology referring to the existing collection
system of Town shall mean that network of sewer collection
pipelines, mains and /or related facilities composing the Town's
sewer collection system as shall exist on the date the County
commences accepting wastewater from the Town into the Regional
System.
G. Any terminology referring to the existing treatment
facilities of Town shall mean those facilities, facility sites,
lagoons, lagoon sites, basins, basin sites, land application
systems, land application system sites, and all appurtenances
related thereto comprising the Town's sewer treatment and disposal
facilities as shall exist on the date the County commences
accepting wastewater from the Town into the Regional System.
H. "Funding Agency" shall refer to the Division of
Environmental Management, Department of Environment, Health and
Natural Resources of the State of North Carolina, or any successor
agency thereto.
I. "County Department of Public Utilities" shall refer to
the Harnett County governmental department existing as of the date
of this Agreement which administers, operates, and otherwise
manages the public water and sewer systems owned and /or operated
by the County, and shall include any other successor department or
subdivision of the County which shall perform such functions.
J. Any terminology referring to the local governmental
entities involved with the Project shall refer to the Town, the
County, the Town of Angier and the Buies Creek -Coats Water and
Sewer District of Harnett County. A reference to the other local
governmental entities involved with the Project shall mean the
remainder of the above named local governmental entities not
specifically the subject of the particular provision within which
the reference is made.
45
We
R. "Regional. Board" shall refer to the Cape Fear. Regional
Wastewater Board as established in Section XIV.of this Agreement.
SECTION II
Term
This Agreement shall be a continuing contract relative to the
furnishing of essential wastewater treatment and disposal services
for the citizens of the Town, and shall exist and continue until
the County and the Town shall mutually modify or terminate the
same, BUT IN NO EVENT shall the same terminate until the loan
(including principal and interest) described in Section III has
been paid in full.
SECTION III
Funding Agency and Funds for Construction
A. Funding Source
The funds for construction of the Project are anticipated to
be supplied in the form of a loan made to the County pursuant to
the North Carolina. Clean Water Revolving Loan and Grant Act of 1987
and the provisions of the Federal Water Quality Act of 1987 as
administered by the Division of Environmental Management,
Department of Environment, Health and Natural Resources of the
State of North Carolina. The terms of this Agreement are
conditioned upon the receipt of said loan and approvals required
therefor, and in the event said loan is not obtained by the County,
or the Regional System is otherwise not constructed, then the
County shall have no obligations hereunder to the Town, and the
Town shall have no obligations hereunder to the County.
B. Agreement Subject to Requirements of Funding Agency
The County and Town agree to comply with all the conditions
and requirements imposed by the Funding Agency, which shall
include, but not be limited to, the Revolving Loan conditions, the
establishment of pretreatment requirements, and the adoption of
appropriate sewer use ordinances and user charge systems.
C. Town to Act in Timely Manner
When, in the course of providing the various ordinances,
information and /or other documents to the Funding Agency, the
County must obtain such items from the Town prior to submission to
the Funding Agency, the Town agrees to prepare, adopt and /or
otherwise provide the same to the County in a timely manner.
D. Loan Payment Sources
All funds paid by the County and the Town as principal and
interest on the aforementioned loan shall be derived only from
those sources specified by the Funding Agency.
SECTION IV
Construction and Ownership of Regional System
A. County Lead Agency
The County shall be responsible for administering and
managing the construction and installation of the Regional System
and in connection therewith shall:
1. Cause the appropriate pre - construction studies to be
completed as are required by the Funding Agency and any other State
or Federal agencies.
47
2. Cause such funding and permit applications as may be
required to be completed and filed with the appropriate
Federal and State agencies.
3. Cause plans and specifications for the Regional
System to be completed in accordance with acceptable engineering
practices and procedures, and in compliance with applicable rules,
regulations and requirements of the Funding Agency and such other
State and Federal agencies as may be applicable.
4. Obtain and acquire in its name 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 the Regional System.
5. Obtain and acquire in its name 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 the Regional System
upon, along or across streets, roads, highways and public
utilities.
6. Obtain and acquire in its name such parcels of real
property as are necessary for the construction of the Regional
Treatment Facility, pump stations, and any other building or
structure required for the completion of the Regional System.
7. Cause the contract or contracts for construction and
installation of the Regional System to be advertised in accordance
with applicable law, and to thereafter award and enter into such
contract or contracts for said construction and installation as the
County deems in the best interest of the Regional System. The
determination as to which bidder or bidders shall be awarded
contracts shall be made by the County.
8. Cause the installation and construction of the
Regional System to be supervised by qualified and competent
engineers.
9. Provide for the administration of the construction
and installation of the Regional System and to provide for
inspection of the same.
10. Provide for the administration of the funds obtained
for the implementation, construction and installation of the
Regional System.
11. Otherwise, manage the implementation, construction
and installation of the Regional System.
B. Ownership of Rec;onal System
The Regional System shall be and remain the property of
the County, and the Town shall have only that right, title or
interest as expressly provided in this Agreement. It is understood
that except as to the rights of the Town expressly provided in this
Agreement, as owners of the Regional System, the County may
operate, maintain, manage, regulate and control the same, subject
to the terms of this Agreement, and otherwise exercise with respect
thereto any rights, authorities or privileges it may be granted by
statute.
48 C. Joint Cooperation -
During the course of the implementation, design and
construction of the Regional System, the Town and the County agree
to collaborate and cooperate with respect to the gathering of the
documentation, data and /or other information necessary to properly
design and construct the Regional System. Additionally, when
requested by the County and /or the contractor(s) the Town agrees
to cooperate with the said County and /or the contractor(s) with
respect to the testing of the Regional System, and preparation for
connection of the same to the existing collection system of the
Town.
D. Conveyance of Easements
The Town agrees to convey to the County, without charge,
easements and rights of way over, upon and across properties owned
by the Town when such easements and rights of way are necessary to
install and construct the Regional Interceptor Pipeline, and /or
otherwise necessary to connect the Regional Interceptor Pipeline
to the Town Effluent Meter.
SECTION V
Capacity Allocations in Regional System
A. Manner of Expression
The allocations of capacity in the Regional System shall
be expressed in terms of treatment capacity in the Regional
Treatment Facility.
B. Town Allocation. The Town shall have allocated and
reserved for treatment of its wastewater thirty (30 %) percent of
the treatment capacity of the Regional Treatment Facility. It is
understood that the capacity of the Regional Treatment Facility is
to be two million (2,000,000) gallons per day, and that therefore,
the allocation and reservation herein made to the Town equals six
hundred thousand (600,000) gallons per day.
C. Remaining Allocations. The remaining seventy (70 %)
percent of the treatment capacity of the Regional Treatment
Facility shall be allocated to the other local governmental
entities involved with the Project or retained by the County for
its use.
SECTION VI
Payment for Capacity Allocations in Regional System
A. Loan Determination
The amount of the loan awarded for the construction and
installation of the Regional System shall be determined pursuant
to the directives of the Funding Agency. As soon as practicable
after final determination of the loan amount and related debt
instrument details, the County shall provide such information to
the Town.
B. Loan Payment Portion Payable by Town
The Town shall pay that portion of each and every payment
due on the loan obtained through the Funding Agency as hereinafter
provided:
1. The portion of each payment made by the Town shall
equal twenty -five percent (25 %) of the total amount of the
principal and /or interest due for such payment.
2. The portion of the payment to be made by Town shall
be paid to the County at least fifteen (15) days prior to the due
date of the same.
3. It is understood that according to the Funding 49
Agency, principal payments will be made annually on or before May
1 of each year, and that all interest payments will be made
semiannually on or before May 1 and November 1 of each year. The
portion of the payments to be made by Town as herein provided shall
apply to both the principal and interest and the interest only
payments due on the loan.
C. Remainder of Loan Payments
The remaining portion of the loan payment for the
Regional System, that is, that portion not paid by Town, shall be
obtained by the County from the other governmental entities
participating in the Project, and /or supplied by the County.
The County shall be responsible for transmitting the loan
payments to the Funding Agency or other appropriate agency as
directed by the Funding Agency. County shall maKe saia paymenca
on a timely basis and any penalty or late charges shall not be paid
by Town, provided Town has made its payment by the time required
in Section VI (B) (2).
It is the understanding of the County and the Town that
the current estimated Project cost is $7,500,000. The County ana
the Town agree that should the Project exceed one percent (18) of
the estimated Project cost, including closing costs and other costs
associated therewith, then the Town shall have the option of either
retaining its level of capacity allocations in the Regional System
herein agreed upon, and thereby incur its share of the additional
costs for the same, or reduce its level of capacity allocation in
the Regional System herein agreed upon and thereby not incur the
additional costs. In the event that during the pre - construction
phases of the Project it becomes apparent that the estimated
Project Cost, together with closing coats and other costs
associated therewith, shall exceed $7,500,000 by more than one
percent (1$) of such amount, then the County shall notify all
entities involved with the Project so that they may collaborate
and cooperate as to cost overruns. The Town shall determine which
option it desires, and shall advise the County as to such
determination within twenty (20) calendar days after notification
to the Town of the apparent cost overrun.
Unless otherwise agreed, if the Town shall elect to retain its
level of capacity allocation as described above, or if the Project
exceeds $7,500,000 by less than one percent (1$) thereof, then the
Town shall pay such portion of the applicable excess as equals
twenty -five percent (25%) thereof.
SECTION VII
Wastewater Treatment and Metering
A. County to Treat Town Wastewater
County agrees to treat at the Regional Treatment Facility
during the term of this Agreement or any renewal or extension
thereof, quantities of wastewater which flow through the Town
Effluent Meter up to and including the maximum amount of Six
hundred thousand (600,000) gallons per day, which said maximum
amount equals the allocation made and reserved for the Town herein.
The wastewater shall be treated pursuant to those standards
specified by the applicable Federal and State agencies, including,
but not limited to, the standards of the Division of Environmental
Health of the North Carolina Department of Environment, Health and
Natural Resources.
50 B. Town Effluent Meter
County agrees to furnish and install as part of the
Project and thereafter operate and maintain at such point as is
agreed upon by the engineers for the Regional System and the
engineers employed by the Town the necessary metering equipment,
including a meter house or pit, and the required devices of
standard type for properly measuring the quantity of wastewater
transmitted into the Regional Interceptor Pipeline for treatment
and to calibrate such metering equipment whenever requested by
Town, but not more frequently than once every twelve (12) months.
However, the Town may obtain independent verification of the
calibration of the metering equipment. In this event, should the
test result be deemed to be accurate, (as hereinbelow stated), then
the Town shall pay the costs of obtaining such test. If the test
result is not deemed to be accurate, (as hereinbelow stated), then
the County shall pay the costs of obtaining the test. A meter
registering not more than two (28) percent above or below the test
result shall be deemed to be accurate. The previous readings of
any meter disclosed by test to be inaccurate shall be corrected for
the three (3) months previous to such test in accordance with the
percentage of inaccuracy found by such tests. If the meter fails
to register for any period, the amount of wastewater treated during
such period shall be deemed to be that amount of wastewater which
equals the average monthly reading for the three (3) months
previous to such failure, unless County and Town shall agree upon
a different amount. Appropriate officials of Town shall have
access to the meter at all reasonable times in order to verify
readings.
C. Meter Readinos
The Town Effluent Meter shall be read by the County on
the first day of each month.
SECTION VIII
Operation and Maintenance
of Regional System
A. Management of of Reoional System
Except as otherwise set forth in this Agreement, the
Regional System shall be managed, operated, and maintained by the
County through its Department of Public Utilities, as a County
operated public enterprise, and in connection therewith the County
shall:
1. Formulate and thereafter maintain proper accounting
procedures with respect to the Regional System in accordance with
the North Carolina Local Government Budget and Fiscal Control Act
as set forth in Article 3, Chapter 159 of the North Carolina
General Statutes.
2. Operate and maintain the Regional System on an annual
budget, which budget shall be formulated and maintained in
accordance with the North Carolina Local Government Budget and
Fiscal Control Act as set forth in Article 3, Chapter 159 of the
North Carolina General Statutes.
3. Contract with a certified public accountant for
annual audits of the Department of Public Utilities and the
Regional System accounting procedures and records.
4. Obtain, and thereafter maintain, insurance and bonds
as required by State law.
51
5. Comply with all Federal, State, and Local laws and
regulations relative to the management, operations and maintenance
of the Regional System.
6. Invoke moratoriums in accordance with Section VIII
(G) hereof to prevent the addition of wastewater customers to the
Regional System and /or the increase in wastewater flow into the
Regional System so as to protect the allocation in the Regional
System reserved for the Town herein.
7. Invoke surcharges in accordance with Section VIII (F)
1"
hereof upon the local governmental entities involved with the
Project, in the event such entities exceed their maximum flow input
amounts (reserved allocations) into the Regional System.
8. Report to the Town on a monthly basis, or upon
request, with respect to wastewater flow from all the entities
involved with the project and other matters as are appropriate.
9. Otherwise, provide for the orderly and efficient
management, operation, and maintenance of the Regional System.
B. Operations and Maintenance Expense Provided by Town
1. The Town shall, on a monthly basis, provide that
portion of the costs incurred for Operations and Maintenance of the
Regional System as is described herein. Said monthly cost shall
be based upon a Bulk Municipal Sewer Rate as hereinafter
formulated.
2. The portion of the costs incurred for Operations and
Maintenance of the Regional System to be provided by Town shall be
that amount of money which equals the product of the Bulk Municipal
Sewer Rate multiplied by the number of gallons of wastewater
transmitted into the Regional Interceptor Pipeline as measured
Eli
through the Town Effluent Meter.
3. The Bulk Municipal Sewer Rate (hereafter "Bulk
Rate ") shall be the Operations and Maintenance expense of the
Regional System expressed in cost per one thousand (1000) gallons
of wastewater treated. The Bulk Rate shall be determined on an
annual cycle, and shall be based upon demonstrable expenditures for
the operations and maintenance of the Regional System as indicated
on the accounting records for the Regional System, together with
anticipated increases or decreases in the same. The Bulk Rate
shall be determined as follows:
(a) The total amount of Operations and Maintenance
costs incurred by the County during a fiscal year shall be
calculated.
(b) Such total amount of Operations and Maintenance
costs shall then be divided by the number of gallons of wastewater
treated at the Regional Treatment facility during the corresponding
fiscal year. The per gallon cost thereupon derived shall be
multiplied by one thousand (1000) to determine actual cost per one
thousand (1000) gallons.
(c) The actual cost per one thousand (1000) gallons
shall thereupon be adjusted to reflect projected and anticipated
increases or decreases in the Operations and Maintenance expenses
reasonably expected to be incurred by the County in the forthcoming
rate period.
(d) The actual cost per one thousand (1000) gallons
adjusted as provided in (c) above shall be the Bulk Rate for the
next fiscal year.
4. Prior to the adoption of a bulk rate, the County
shall seek the advice and recommendations of the Regional Board
5 with respect thereto, and shall provide documentation to the
regional Board to support its conclusions and opinions regarding
the same.
5. On or before April 1 o each year, the County shall
advise the Town of an estimate of the bulk rate it intends to adopt
and shall adopt such rate on or before May 1 of each year.
6. The Town shall be furnished by the County, not later
than the tenth (10th) day of each month, an itemized statement or
bill (including the amount of wastewater treated, the rate and the
amount due) for the amount of wastewater transmitted into the
Regional Ynterception Pipeline through the Town Effluent Meter
during the preceding month, as established by the meter readings
made on the first day of each month.
7. The Town shall pay to the County the amount billed
to them by the County on or before the twentieth (20th) day of the
month in which the bill is rendered.
C. Procedures Prior to implementation of Annual Cycle
1. The Bulk Municipal Sewer Rate, prior to the
implementation of the Annual Cyclical Procedures outlined in
Section B above, shall be determined as follows:
(a) During the period beginning on the date the
County commences accepting wastewater from the Town into the
Regional System and continuing through the end of the fiscal year
following the fiscal year during which wastewater is first
accepted, the Bulk Municipal Sewer Rate shall be based upon
estimated operations and Maintenance expenses of the Regional
System as determined by the County and the Project engineers.
(b) During the first year in which the Annual
Cyclical Procedures are implemented, the Bulk Municipal Sewer Rate
shall be based upon demonstrable expenditures for the operations
and maintenance of the Regional System as indicated on the
accounting records for the Regional System made during the first
fiscal year of its operation (that period beginning on the date the
County commences accepting wastewater from the Town into the
Regional System and continuing through the end of the same fiscal
year), together with projected and anticipated increases or
decreases in the operations and maintenance expenses reasonably
expected to be incurred by the County in the forthcoming rate
period.
2. The first billing to the Town shall be made not
later than the tenth (10th) day of the month following the month
during which the County commences accepting wastewater from the
Town.
3. All other procedures provided in Section B above
shall be utilized in the calculating of the monthly bill to be
rendered to and paid by Town.
D. System Failure
The County will, at all times, operate and maintain the
Regional System in an efficient manner and will take such action
as may be necessary to furnish sewer services to the Town.
Temporary or partial system failures shall be remedied with all
possible dispatch. Any reduction in services to the Town shall be
reduced or diminished in the same ratio or proportion as the same
is reduced or diminished with respect to the other local
governmental entities involved in the Project. Emergency failures
caused by main pipeline breaks, power failure, flood, fire,
earthquake, or other catastrophe shall excuse the County from the
obligation to provide sewer services to the Town for such
reasonable period of time as may be necessary to restore service.
53
E. Indemnification of Town
The County shall and hereby does indemnify and hold
harmless the Town from and against all costs, loss, expenses,
(including attorney's fees), claims,suits and judgments whatsoever
in connection with any and all liability arising out of any error
or omission made or caused by the County and /or its officers,
agents and employees in connection with any of the Regional System
operated by the County.
F. Surcharges
1. Invoking Surcharges. The County shall invoke
surcharges upon the local governmental entities involved with the
Project when such entities:
(a) Discharge into the Regional System a quantity
of wastewater which exceeds such entities maximum flow input
amounts (reserved allocations), hereinafter referred to as "excess
use surcharges" or
(b) Discharge into the Regional System wastewater
which violates the regulations of the applicable federal, state,
and /or local governments and /or agencies, hereinafter referred to
as "violation caused surcharges.
2. Excess Use Surcharges. The procedures for
processing excess use surcharges shall be as follows:
(a) Such surcharges shall be imposed and calculated
based on each monthly meter reading period.
(b) The surcharges shall be invoked effective the
monthly meter reading period during which the excess use first
occurs and shall continue until such use is ended.
(c) The amount of the surcharge shall be calculated
based upon the surcharge as set by the Regional Board.
(d) Surcharges shall be payable twice a year, on
or before May 1 and November 1. Such surcharges shall be
distributed as provided in Section 3 below.
3. Distribution of Excess Use Surcharges. Surcharges
imposed and collected by reason of excessive discharges shall be
distributed among the local governmental entities involved with the
Project as follows; subject, however to the conditions set forth
in (e) and (f) below:
(a) For each month the Town of Lillington exceeds
its reserved allocation, the surcharge assessed to it shall be paid
369 to the Town of Angier, 369 to the Buies Creek -Coats Water and
Sewer District of Harnett County, and 289 to the County of Harnett.
(b) For each month the Town of Angier exceeds its
reserved allocation, the surcharge assessed to it shall be paid 409
to the Town of Lillington, 339 to the Buies Creek -Coats Water and
Sewer District of Harnett County, and 27% to the County of Harnett.
(c) For each month the Buies Creek -Coats Water and
Sewer District of Harnett County exceeds its reserved allocation,
the surcharge assessed to it shall be paid 339 to the Town of
Angier, 409 to the Town of Lillington, and 279 to the County of
Harnett.
(d) For each month the County of Harnett exceeds
its reserved allocation, the surcharge assessed to it shall be paid
319 to the Buies Creek -Coats Water and Sewer District of Harnett
County, 319 to the Town of Angier, and 389 to the Town of
Lillington.
54 (e) The above distribution percentages have been
calculated assuming that the respective reserved allocations for
the entities involved with the Project are as follows:
i. Lillington- 600,000 gallons per day
ii. Angier- 500,000 gallons per day
iii. Buies Creek -Coats District- .500,000 gallons per
day
iv. Harnett County- 400,000 gallons per day
In. the event that any one or more of the entities has
increased its reserved allocation by expansion, purchase or
otherwise, the percentages as set forth in paragraphs a - d above
shall be modified and shall be stated as that portion which each
entity owns, expressed as a percentage of the reserved allocations
of all receiving entities.
(f) In the event the total amount of gallons of
capacity used by a potential receiving entity during a month,
together with that number of gallons of capacity which equals the
respective percentage applicable to such entity multiplied by the
number of gallons of excess upon which the surcharge is calculated,
exceeds the number of gallons of reserved capacity for that entity,
then such entity shall receive only the amount of the surcharge
which applies to the difference between its reserved allocation and
the total amount of gallons of capacity used by that entity during
a month. Such portion of the surcharge not paid to the entity
shall be prorated among the other receiving entities based on the
percentages above stated.
4. Violation Caused Surcharges. The procedures for
processing surcharges invoked by reason of violations shall be as
follows:
(a) The amount of the surcharge shall be calculated
based upon the surcharge as set by the Regional Board and based on
the strength of the waste being received above the average domestic
waste concentrations as may be defined by law.
(b) The surcharge shall be added to the Operation
and Maintenance costs billed to the local governmental entity
involved with the Project upon which the surcharge has been
invoked.
(c) The surcharges shall be invoked effective the
monthly meter reading period during which the violation first
occurs and shall continue until such violation is remedied.
(d) The surcharges shall be placed into the
Operations and Maintenance budget of the Regional System.
G. Moratoriums
The County shall invoke moratoriums upon the local
governmental entities involved with the Project when such entities:
1. Discharge into the Regional System for a period of
four (4) out of six (6) consecutive calendar months a quantity of
wastewater which exceeds such entity's maximum flow input amounts
(reserved allocations); or
2. Discharge into the Regional System wastewater which
violates the regulations of the applicable federal, state and /or
local governments and /or agencies and such entities do not promptly
act to remedy such violations.
A moratorium as provided herein shall mean a suspension
of the issuance of all building permits for the entity. The
moratorium shall remain in effect until the condition causing the
same has been resolved satisfactory to the County.
55
SECTION IE
Regional System Distinct From Town System
It is understood that the Regional System shall be distinct
and separate from the existing system of the Town. As such, except
as expressly provided in this Agreement, the County may, with
respect to the Regional System:
A. Operate, maintain, manage, regulate and control the
Regional System;
B. Establish and set all rates, fees, and other charges
applicable thereto;
C. Adopt such ordinances, rules, regulations and other
procedures as it deems appropriate therefor;
D. Collect and retain revenues and other monies obtained in
the operation of the same; and
E. Otherwise, exercise with respect thereto any and all
rights, authorities or privileges it may be or has been granted by
law.
SECTION E
Existing Collection System of Town
A. Ownership
The existing collection system of the Town shall be and
remain the sole property of the Town.
B. gyrations and Maintenance
The Town shall be solely responsible for the operations
and maintenance of its existing collection system.
C. Rates Fees and Other Charaes
1. Establishment. The Town shall establish and set all
rates, fees, and other charges for sewer connections and services
provided from its existing collection system.
2. Billing and Collection. The Town shall be
responsible for billing all sewer service customers served or to
be served by its existing collection system. All costs related to
billing and collection shall be paid by Town.
D. Administrative Expenses
The Town shall be responsible for all administrative,
legal, and other costs associated with its existing collection
system.
E. Indemnification of County
The Town shall and hereby does indemnify and hold
harmless the County from and against all costs, loss, expenses,
(including attorneys' fees) claims, suits and judgments whatsoever
in connection with any and all liability arising out of any error
or omission made or caused by the Town and /or its officers, agents
end employees in connection with its existing sewer collection
system or any other sewer collection system operated by the
Town.
SECTION YI
Certain Expansions Related to the Town
A. mansions to Collection System of Town - County
Nonoarticipent
1. Applicability. The provisions of this subsection
shall apply in the event sewerage collection pipelines, force
56 mains, and /or related facilities are constructed such that effluent
therefrom shall flow through the Town Effluent Meter, and the same
have been either:
(a) constructed or caused to be constructed solely
by the Town, OR
(b) constructed by some person, firm, or entity
other than the County, and accepted by the
Town as part of its collection system.
2. Ownership. Sewerage collection pipelines, force
mains and /or related facilities as identified in subsection A(1)
above shall be and remain the sole property of the Town.
3. Operation and Maintenance. The Town shall be solely
responsible for the operation and maintenance of any sewerage
collection pipelines, force mains, and /or related facilities as
identified in subsection A(1) above.
4. Rates, Fees, and Other Charges. The Town shall
establish and set all rates, fees, and other charges for sewer
connections and services provided from any sewerage collection
pipelines, force mains, and /or related facilities as identified in
subsection A(1) above.
5. Billing and Collection. The Town shall be
responsible for billing all sewer service customers served by
sewerage collection pipeline, force mains, and /or related
facilities as identified in subsection A(1) above. All costs
related to billing and collection shall be paid by Town.
6. - Administrative Expenses. The Town shall be
responsible for all administrative, legal, and other costs
associated with sewerage collection pipeline, force mains, and /or
related facilities as identified in subsection A(1) above.
B. Expansions for Benefit of Town - Countv Nonparticipant
1. Applicability. The provisions of this subsection
shall apply to sewerage collection pipelines, force mains, and /or
related facilities to be constructed such that effluent therefrom
shall not flow through the Town Effluent Meter, but shall flow
otherwise into the Regional Interception Pipeline, and the same are
to be either:
(a) constructed or caused constructed solely by the
Town, OR
(b) constructed by some person, firm, or entity
other than the County and the areas serviced
therefrom are to be incorporated into the
municipal boundaries of the Town.
2. Connection Subject to County. Approval. Any sewerage
collection pipeline, force mains, and /or related facilities
identified in subsection B(1) above shall not be connected to the
Regional Interception Pipeline or any other pipeline or main owned
by the County until such connection is approved in writing by the
County.
3. Ownership. Any sewerage collection pipelines, force
mains, and /or related facilities identified in subsection B(1)
above shall be and remain the sole property of the Town.
4. Provisions Subject to Mutual Agreement. With respect
to any sewerage collection pipelines, force mains, and /or related
facilities identified in subsection B(1) above, it is agreed that
County and Town shall collaborate, and prior to construction of the
same, agree to provisions with respect thereto regarding the
following:
57
(a) Metering of effluent transmitted therefrom,
(b) Operation and maintenance thereof,
(c) Rates, fees, and other charges applicable
thereto,
(d) Responsibility for billings and collections
related thereto; and
(e) Responsibility for administration expenses
regarding the same.
C. County ! Expansions to Collection System of Town
1. Applicability. The provisions of this subsection
shall apply to sewerage collection pipelines, force mains and /or
related facilities to be constructed outside the corporate limits
of the Town and such that effluent therefrom shall flow through the
Town Effluent Meter and the same are to be either:
(a) constructed or caused to be constructed solely
by the County, or
(b) constructed by some person, firm or entity
other than the Town and are to be accepted by
the County as part of its collection system.
2. Connection Subject to Town Approval. Any sewerage
collection pipelines, force mains and /or related facilities
identified in subsection C(1) above shall not be connected to the
existing collection system of the Town or any system identified in
subsection A(1) hereof until such connection is approved in writing
by the Town.
3. Ownership. Any sewerage collection pipeline, force
mains and /or related facilities identified in subsection C(1) above
shall be and remain the sole property of the County.
4. Provisions Subject to Mutual Agreement. With
respect to any sewerage collection pipelines, force mains and /or
related facilities identified in subsection C(l) above, it is
agreed that County and Town shall collaborate, and prior to
construction of the same, agree as to provisions with respect
thereto regarding the following:
(a) Metering of effluent transmitted therefrom,
(b) Operation and maintenance thereof,
(c) Rates, fees and other charges applicable
thereto,
(d) Responsibility for billings and collections
related thereto; and
(e) Responsibility for administrative expenses
regarding the same.
D. County Expansions in Vicinity of Town
1. Applicability. The provisions of this subsection
shall apply to sewerage collection pipelines, force mains and /or
related facilities constructed such that effluent therefrom shall
not flow through the Town Effluent Meter, but shall flow otherwise
into the Regional Interceptor Pipeline, and the same has been
either:
(a) constructed or caused to be constructed solely
by the County, or
(b) constructed by some person, firm or entity
other than the Town, and accepted by the County
as part of its collection system.
r`
58 2; Ownership. sewerage collection pipelines, force
mains and /or related facilities as identified in subsection D(1)
above shall be and remain the sole property of the County.
3. Operation and Maintenance. The County shall be
solely responsible for the operation and maintenance of any
sewerage collection pipelines, force mains and /or related
facilities as identified in subsection D(l) above.
4. Rates, Fees and Other Charges. The County shall
establish and set all rates, fees and other charges for sewer
connections and services provided from any sewerage collection
pipeline, force mains and /or related facilities as identified in
subsection D(1) above.
5. Billing and Collections. The County shall be
responsible for billing all sewer service customers served by
sewerage collection pipelines, force mains and /or related
facilities as identified in subsection D(1) above. All costs
related to billing and collection shall be paid by County.
6. Administrative Expenses. The County shall be
responsible for all administrative, legal and other costs
associated with any sewerage collection pipelines, force mains
and /or related facilities as identified in subsection D(1) above.
E. Expansions Resulting from Joint Cooperation of Town and
County /Other Expansions Not Identified
1. Applicability. The provisions of this subsection
shall apply to sewerage collection pipelines, force mains and /or
related facilities constructed or caused to be constructed as a
result of a joint effort of the County and Town or planned or
caused to be constructed pursuant to some other plan not identified
herein.
2. Provisions Subject to Mutual Agreement. With
respect to any sewerage collection pipelines, force mains and /or
related facilities as identified in subsection E(1) above, it is
agreed that County and Town shall collaborate and, prior to
construction of the same, agree as to provisions with respect
thereto regarding the following:
(a) Ownership thereof,
(b) Metering of effluent transmitted therefrom,
(c) Operation and maintenance thereof,
(d) Responsibility for establishment of rates, fees
and other charges applicable thereto,
(e) Responsibility for billings and collections
related thereto, and
(f) Responsibility for administrative expenses
regarding the same.
SECTION XII
Expansion of Regional System
A. Section Applicability
The provisions of this Section shall apply in the event
one or more of the following circumstances should arise:
1. The Town determines that it desires additional
wastewater treatment plant capacity such that an expansion must be
made to the Regional Treatment Facility to obtain such additional
capacity.
2. The County determines that it desires additional
wastewater treatment plant capacity such that an expansion must be
59
made to the Regional Treatment Facility to obtain such additional
capacity.
3. A determination is made that wastewater flow from
the Town into the Regional Interceptor Pipeline has increased or
is anticipated to increase to such extent that the Regional
Interceptor Pipeline must be upgraded, expanded, and /or enlarged
to meet the flow requirements of the Town.
4. The County determines that it desires to upgrade,
expand, and /or enlarge one of the main interceptor pipelines
constructed as part of the Project.
5. The County determines that it desires to provide
wastewater treatment services to other local governmental entities•
not involved with the Project.
B. Neoative Impacts
With respect to the implementation of any expansion to
the Regional System as described in this Section, a negative impact
shall be deemed to result from the same, if it is reasonably
expected to cause:
1. Additional debt service costs to be incurred by the
local governmental entity or entities not participating therein;
or
2. A reduction or diminution in services to any or all
the local governmental entities involved in the Project; or
3. Additional Operations and Maintenance costs to be
incurred by the local governmental entity or entities not
participating therein.
C. Procedure
In the event the County and /or the Town desire to
implement an expansion as described in this Section, then the
following procedures shall be utilized:
1. The County and /or the Town shall cause appropriate
investigations, studies, and /or evaluations to be conducted to
determine whether or not negative impacts will result from the
desired expansion.
2. In the event a determination is made that negative
impacts will result from the expansion, the County and /or the Town
will formulate actions to be put into effect with the
implementation of the expansion which will remedy the effect of
such negative impacts.
3. The County and /or the Town shall present any
proposal relative to the implementation of an expansion to the
Regional Board. Such proposal shall include such documentation as
will reasonably support its conclusions and opinions relative to
negative impacts.
4. The County and /or the Town shall cooperate with the
Regional Board as said Board carries out its functions as set forth
in Section XIV of this Agreement.
5. Upon approval of the proposed expansion by the
Regional Board, the party or parties involved shall be authorized
to implement the proposed expansion.
D. Additional Procedure Authorized for Benefit of County
In the event that the Regional Board does not approve an
expansion desired by the County, and /or fails to carry out its
duties with respect to making its decision regarding such expansion
in a timely manner, then it is understood that the County may
proceed to implement an expansion if the expansion is reasonably
•+
expected to cause no negative impacts on the local governmental
entity or entities not involved in the expansion; or, those
negative impacts reasonably expected to result from the expansion
have been or will be, upon implementation of the expansion,
remedied by the County. Such expansion as is herein authorized may
be jointly implemented by the County and another of the local
governmental entities involved in the Project. it is agreed that
any wastewater treatment plant capacity and /or any interceptor line
capacity resulting pursuant to such expansion shall be allocated
to the County and, if applicable, the other local governmental
entity involved with said expansion.
E. Additional Procedure Authorized for Benefit of Town
In the event that the Regional Board does not approve an
expansion desired by the Town, and /or fails to carry out its duties
with respect to making its decision regarding such expansion in a
timely manner, then it is understood that the Town may proceed to
implement an expansion if the expansion is reasonably expected to
cause no negative impacts on the local governmental entity or
entities not involved in the expansion; or, those negative impacts
reasonably expected to result from the expansion have been or will
be, upon implementation of the expansion, remedied by the Town.
Such expansion as is herein authorized may be jointly implemented
by the Town and another of the local governmental entities involved
in the Project.
PROVIDED, HOWEVER, that should the Town determine to
proceed as provided hereunder, that it shall do so under the
following terms and conditions:
1. The Town shall employ consulting engineers,
acceptable to and approved by County, to design the desired
expansion. Upon completion, the plans and specifications for the
expansion shall be presented to the County for review and approval.
The County shall approve such plans and specifications unless good
cause exists to disapprove the same. The County agrees to not
unreasonably withhold approval of such plans and specifications.
2. The County, as operator of the Regional System,
shall collaborate and cooperate with the Town in order to obtain
the necessary permits from the applicable federal, state and /or
local governments and /or agencies so as to proceed with
construction of the expansion.
3. The County, as operator of the Regional System, and
the Town shall make provision for the joint submission of the
expansion project for bids. The contract or contracts for
construction shall thereafter be awarded according to law. The
decision as to which bid or bids to accept or any decision to rebid
the project shall be made by the Town.
4. During construction it is agreed that the County
shall be authorized to inspect and observe the construction process
so as to insure the acceptable completion of the expansion.
5. All costs associated with the expansion shall be
paid by the Town. Administrative costs incurred by the County
shall be paid by the Town to the County upon billing by the County.
Costs of design, construction observation and other engineering
61
services shall be paid directly by the Town to the engineer. In
the event it is necessary for the County to enter into contracts
for the construction of the expansion (for the benefit of the Town)
costs incurred pursuant to such contracts shall be paid by the Town
over the course of the construction period within ten (10) days
after submission of periodic pay estimates [as issued by the
contractor(s) and /or engineer].
6. It is agreed that any wastewater treatment plant
capacity and /or any interceptor line capacity resulting pursuant
to the above described procedure shall be allocated to and owned
by the Town.
7. As set forth in this proviso, the term Town shall
include, if applicable, the other local governmental entity
involved with said expansion.
SBCTIOR ZIII
Sale of Capacity Allocations in Regional System
A. Section Anola ab+ i y
The provisions of this Section shall apply in the event
one or more of the following circumstances should arise:
1. The Town determines that it desires to sell all or
a portion of its capacity allocation in the Regional System to one
or more of the other local governmental entities involved with the
Project.
2. The Town determines that it desires to purchase all
or a portion of the capacity allocation in the Regional System held
by one or more of the other local governmental entities involved
with the Project.
3. The County determines that it desires to sell all
or a portion of its capacity allocation in the Regional System to
one or more of the other local governmental entities involved with
the Project.
4. The County determines that it desires to purchase
all or a portion of the capacity allocation in the Regional System
held by one or more of the other local governmental entities
involved with the Project.
B. Negative Impact
With respect to the purchase and /or sale of capacity
allocations in the Regional System as described in this Section,
a negative impact shall be deemed to result from a purchase and /or
sale if such purchase and /or sale is reasonably expected to cause:
1. Additional debt service costs to be incurred by the
local governmental entity or entities not parties to the purchase
and /or sale; or
2. A reduction or diminution in services to any or all
the local governmental entities involved in the Project; or
3. Additional Operations and Maintenance costs to be
incurred by the local governmental entity or entities not parties
to the purchase and /or sale.
C. Procedure
In the event the County and /or the Town desire to
purchase and /or sell capacity allocations in the Regional System
as described in this Section, then the following procedures shall
be utilized:
62
1. The County and /or the Town shall cause appropriate
investigations, studies and /or evaluations to be conducted to
determine whether or not negative impacts will result from the
purchase and /or sale.
2. In the event a determination is made that negative
impacts will result from the purchase and /or sale, the County
and /or the Town will formulate actions to be put into effect
together with the purchase and /or sale which will remedy the effect
of such negative impacts.
3. The County and /or the Town shall 'present any
proposal relative to the purchase and /or sale of capacity
allocations in the Regional System to the Regional Board. Such
proposal shall include such documentation as will reasonably
support its conclusions and opinions relative to negative impacts.
4. The County and /or the Town shall cooperate with the
Regional Board as said Board carries out its functions as set forth
in Section XIV of this Agreement.
5. Upon approval of the proposed purchase and /or sale
by the Regional Board, the parties involved shall be authorized to
complete said purchase and /or sale.
D. Additional Procedure Authorized for Benefit of County
In the event that the Regional Board does not approve a
proposal made by the County to purchase and /or sell capacity
allocations in the Regional System, and /or fails to carry out its
duties with respect to making its decision regarding such purchase
and /or sale in a timely manner, then it is understood that the
County may proceed to consummate the proposed purchase and /or sale
if the purchase and /or sale is reasonably expected to cause no
negative impacts on the local governmental entity or entities not
involved in the purchase and/or sale or, those negative impacts
reasonably expected to result from the purchase and /or sale have
been or will be, upon consummation of the purchase and /or sale,
remedied by the County.
E. Additional Procedure Authorized for Benefit of Town
In the event that the Regional Board does not approve a
proposal made by the Town to purchase and /or sell capacity
allocations in the Regional System, and /or fails to carry out its
duties with respect to making its decision regarding such purchase
and /or sale in a timely manner, then it is understood that the Town
may proceed to consummate the proposed purchase and /or sale if the
purchase and /or sale is reasonably expected to cause no negative
impacts on the local governmental entity or entities not involved
in the purchase and /or sale or, those negative impacts reasonably
expected to result from the purchase and /or sale have been or will
be, upon consummation of the purchase and /or sale, remedied by the
Town.
PROVIDED HOWEVER, that should the Town consummate a sale
of all or a portion of its capacity allocation in the Regional
System to another local governmental entity involved in the
Project, the Town shall be and remain liable to the County
hereunder for the Town's portion of the costs of the Regional
System.
AND FURTHER PROVIDED, that should a purchase and /or sale
as provided hereunder cause any modification to be made to the
Regional System, then, such modification shall be completed upon
the following terms and conditions:
63
1. The Town shall employ consulting engineers
acceptable to and approved by County, to design the desired
modification. Upon completion, the plans and specifications for
the modification shall be presented to the County for review and
approval. The County shall approve such plans and specifications
unless good cause exists to disapprove the same. The County agrees
to not unreasonably withhold approval of such plans and
specifications.
2. The County, as operator of the Regional System,
shall collaborate and cooperate with the Town in order to obtain
the necessary permits from the applicable federal, state and /or
local governments and /or agencies so as to proceed with
construction of the modification.
3. The County, as operator of the Regional System, and
the Town shall make provision for the joint submission of the
modification project for bide. The contract or contracts for
construction shall thereafter be awarded according to law. The
decision as to which bid or bids to accept or any decision to rebid
the project shall be made by the Town.
4. During construction it is agreed that the County
shall be authorized to inspect and observe the construction process
so as to insure the acceptable completion of the modification.
5. All costs associated with the modification shall be
paid by the Town. Administrative costs incurred by the County
shall be paid by the Town to the County upon billing by the County.
Costs of design, construction observation and other engineering
services shall be paid directly by the Town to the engineer. In
the event it is necessary for the County to enter into contracts
for the construction of the modification (for the benefit of the
Town) costs incurred pursuant to such contracts shall be paid by
the Town over the course of the construction period within ten (10)
days after submission of periodic pay estimates [as issued by the
contractor(s) and /or engineer].
SECTION XIV
Cape Fear Regional Wastewater Board
A. Creation
The County and the Town agree to cooperate and
participate in the establishment of the Cape Fear Regional
Wastewater Board (hereinafter sometimes referred to as the
"Regional Board ") in accordance with the provisions of this
Section. It is acknowledged that the County has entered into
Agreements with the other local governmental entities involved with
the Project and that each such Agreement contains a Section
regarding the Regional Board which is in substance identical to
this Section. It is understood that the Town and the County hereby
agree that they shall abide by those provisions of this Agreement
concerning the Regional Board as the same apply to the other local
governmental entities involved with the Project.
B. purpose of Regional Board
It is the desire of the local governmental entities
involved with the Project to create the Regional Board for the
following purposes:
1. To create a forum where the concerns and desires of
such entities may be freely and openly discussed so as to insure
that all entities will be made aware of the status of all aspects
of the Regional System and its operation.
JIM
2.. To promote cooperation between such entities.
3. To insure that all such entities will be provided
an opportunity to make suggestions and comments relative to the
status of the Regional System and its operation.
4. To review proposals to modify the existing status
of the Regional System and its operation.
5. To review proposals to expand the Regional System
and to promote agreement and cooperation between such entities with
respect thereto.
6. To carry out and implement its duties and
authorities set forth in this Agreement.
C. Membership
Two members of the Regional Board shall be appointed by
each local governmental entity involved with the Project, one of
which shall be a member of the governing body of the entity
appointing such members. The members of the Regional Board shall
serve at the pleasure of the Board appointing them.
D. Initial Appointment
The Regional Board shall be initially appointed prior to
January 17, 1990.
E. Meetinas
Regular meetings of the Regional Board shall be held on
the fourth Tuesday of the first month in each calendar quarter of
the year at 7:00 o'clock p.m., and at such other times as requested
by any entity represented on said Board. The Board shall meet in
the Conference Room of the Northeast Metropolitan Water Plant
Facility located on West Duncan Street in Lillington, North
Carolina.
F. Voting
Each entity represented on the Regional Board shall be
entitled to one vote on each issue coming before the Board and that
vote may be cast by either member of the Regional Board
representing such entity. Both members representing an entity need
not be present for that entity's full vote to be cast.
G. Officers
At the first meeting of the Regional Board each calendar
year, the Regional Board shall elect from its membership a Chairman
and a Vice - Chairman. The fact that a Board member shall be elected
to either office shall have no effect upon the voting rights of
that member or of the entity such member represents.
H. Operating Procedures
The proceedings of the Regional Board shall be conducted
in accordance with the most recent edition of Robert's Rules of
Order, except where the provisions of this Agreement provide
otherwise.
I. Duties of Regional Board Reaardina Purchase /Sale of
Regional System Capacity Allocations and Regional System
Expansions
1. Statement of Intent. It is the intent of the local
governmental entities involved with the Project to provide, through
the Regional Board, a forum for discussion, review and approval of
any proposal to purchase and /or sell capacity allocations in the
Regional System or to expand the Regional System. In connection
65
therewith , the Board shall not unreasonably withhold approval of
such proposal, but rather shall be required to approve the same ,
unless good cause shall be shown not to do so. Additionally, the
Board shall use its best efforts to promote cooperation and
agreement between the several entities involved with the Project
with respect to such proposals.
2. Procedure. At such time as one or more of the local
governmental entities involved with the Project present a proposal
to the Board to implement an expansion as provided in Section XII
of this Agreement and /or a proposal to purchase and /or sell
Regional System capacity allocations as provided in Section XIII
of this Agreement the Regional Board shall:
(a) Discuss and evaluate the proposal presented
and explore the possibility of formulating an agreement between
all the local governmental entities involved with the Project to
achieve a mutually beneficial result for all such entities.
(b) Discuss and evaluate the conclusions and
opinions of the proposing entity or entities with regard to
negative impacts of the proposal and, if applicable, the plans of
such proposing entity or entities to remedy negative impacts.
(c) In the event of disagreement, offer comments
and suggestions with regard to terms and conditions to be
implemented as part of the proposal which will remedy negative
impacts.
(d) In the event of disagreement, require the
disagreeing entity or entities or the Board members representing
the same to provide appropriate documentation and /or data to
support its or their respective position concerning the
SECTION XV
general Provisions
A. Successors to the county or the Town
In the event of any occurrence rendering the County
and /or the Town incapable of performing under this Agreement, any
successor of the County and /or the Town, whether the result of
legal process, assignment, or otherwise, shall succeed to the
rights of the County and /or Town hereunder. The covenants and
agreements contained in this Agreement are binding on the parties
hereto and their successors, assigns and legal representatives.
B. Regulatory Acencaes
This Agreement is subject to such rules, regulations,
statutes and /or laws as may be applicable to such or similar
agreements in this State and the parties agree to collaborate when
necessary to obtain such permits, certifications, or the like, as
may be required to comply therewith.
C. Modification
The provisions of this Agreement may be modified or
altered by mutual agreement, EXCEPT with regard to Section XIV when
any modification or alteration thereto shall be agreed upon by all
governmental entities represented on said Regional Board.
PROVIDED, HOWEVER, that when applicable, prior to such modification
or alteration, approvals therefor will be obtained when necessary
from the appropriate Federal and /or State agencies. All
modifications or alterations shall be in writing, and presented to
all other entities prior to any entities' modifying their original
Agreement.
e
D. Modifications Resultinc from a Chance in Project
Participants
This Agreement has been entered into upon the assumption
that in addition to the County, the Town and the Buies Creek -Coats
Water and Sewer District of Harnett County, that the Town of Angier
will participate in the Project. In the event the Town of Angier
does not participate, it is agreed that provisions herein
referencing its participation and provisions herein requiring
modification as a result of its nonparticipation shall be amended,
modified or otherwise corrected.
E. Authority to Determine Certain Details
Whenever, in the course of performing the various terms
of this Agreement, it becomes necessary for the parties to make
determinations with respect to certain details not specifically
provided for herein, such as inspections, system testing or the
like, appropriate representatives of the parties may collaborate
and mutually agree upon such matters, without need for the
amendment or modification hereof.
F. Assignments
Unless specifically provided in this Agreement, it is
agreed that neither the County nor the Town may assign, transfer
and /or convey their respective rights and /or obligations hereunder
without the express written consent of the other.
G. Local Government Commission
Where applicable, with respect to this Agreement and the
construction of the Project, the Town and the County agree to
obtain the necessary approvals from the Local Government Commission
as are required thereby.
H. ordinances
The Town covenants that prior to the commencement of the
transmission of wastewater into the Regional Interceptor Pipeline,
it will adopt an Ordinance regulating the use of its sewerage
collection systems. Said Ordinance shall, among other things,
limit and /or prohibit (where appropriate) the discharge of
wastewater into the said sewerage collection systems where such
wastewater would, singly or by interaction, with other wastewater,
cause harm or damage to, or interfere with the proper operation of
the Regional System, and /or treatment process or cause adverse
effects upon the receiving waters from the Regional Treatment
Facility.
I. Notices
Any notice required to be given hereunder by the County
to the Town shall be made by the County in writing and mailed by
first class mail to the Town of Lillington at the following
address:
Post Office Box 296
Lillington, North Carolina 27546
Any notice required to be given hereunder by the Town to the
County shall be made by the Town in writing and mailed by First
Class mail to the County Manager, Harnett County, at the following
address:
Post Office Box 759
Lillington, N. C. 27546
67
J. Authority
The County and the Town represent and warrant, each to
the other, the existence of all capacity, authority, resolutions
and actions necessary to execute this Agreement.
K. Duplicate Agreements
This Agreement is executed in duplicate originals, one
of which is retained by each party hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be duly executed on the day and year written.
Executed by Town of Lillington this 18thday of December, 1989.
Town of Li lington
( By
A. Lincoln Faul , r
Attest:
Deborah C. Phillips, glerk
Executed by the County of Harnett, this 18thday of December,
1989.
COU`NTTY� OF (CHAR- NfETT�- -��
By // a� of )J /O Uu+�' u--+
L yd G. Stewart, Chairman
Harnett County Board of
Commissioners
Attest:
u /M... -oaa. /
Vanessa W. Young Cler
to the Board
- NORTH CAROLINA
HARNSTT COUNTY ACKNOWLEDGMENT
I, a Notary Public of the County and State aforesaid, certify
that A. LINCOLN FAULK, who, being by me duly sworn, says that he
is Mayor of the Town of Lillington and that Deborah C. Phillips in
Clerk of said Town, that the seal affixed to the foregoing and
attested instrument is the seal of said Town, and that said
instrument was signed by him as Mayor of said Town and by the Clerk
of said Town, who affixed the official seal of said Town to said
instrument; and that the said A. Lincoln Faulk, Mayor, acknowledged
said instrument to be the act and deed of the Town of Lillington.
Witness my hand and notarial seal this the Lbw' day of
December, 1989.
/ia� �� — °/ Notary Public
My Commission Expires / �- /e -
NORTH CAROLINA
ACKNOWLEDGMENT
HARNETT COUNTY
I, a Notary Public of the County and State aforesaid, certify
that LLOYD G. STEWART, who, being by me duly sworn, says that he
is Chairman of the Board of Commissioners of Harnett County, and
that Vanessa W. Young is Clerk of said Board, that the seal affixed
to the foregoing and attested instrument is the seal of Harnett
County, North Carolina, and that said instrument was signed by him
as Chairman of the Board of Commissioners of said County and by the
Clerk of said Board, who affixed the official seal of Harnett
County to said instrument; and that the said Lloyd G. Stewart,
Chairman of the Board of Commissioners, acknowledged said
instrument to be the act and deed of Harnett County North Carolina.
Witness my hand and notarial seal, this the _"th day of
December, 1989. & I
Notary Public
My Commission Expires: 7 -22 -92 -KPH 'n8'%
NOIARY
ass
PUBLIC
L! •
irI1IK4SMil aJ10=1
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE
BUIES CREEK- COATS WATER AND SEWER DISTRICT OF HARNETT.COUNTY
-
REGARDING THE CAPE FEAR REGIONAL WASTEWATER SYSTEM
WHEREAS, the Harnett County Board. of Commissioners,
(hereinafter sometimes referred tows the "Board ") has heretofore
caused a comprehensive wastewater study to be conducted for the
purpose of examining and analyzing the wastewater facilities needs
of Harnett County; and
WHEREAS, pursuant to the recommendations of said study, the
County of Harnett formulated a plan to construct a wastewater
facility system designated as the Cape Fear Regional Wastewater
System; and
WHEREAS, the County of Harnett has requested the Buies Creek -
Coats Water and Sewer District of Harnett. County to participate in
the construction and use of said System and the Buies Creek - Coats
Water and Sewer District of Harnett County has agreed so to do; and
WHEREAS, attached to this Resolution as Exhibit "A" is a copy
of an Agreement between the County of Harnett and the Buies Creek -
Coats Water and Sewer District of Harnett County setting forth the
various details of the agreements of said parties with respect to
the Cape Fear Regional Wastewater System; and
WHEREAS, upon review and consideration . of said.. Agreement, it
is the finding of the Board that the construction of said regional
wastewater system will be of great benefit to the current and
future health and well being of the citizens of Harnett County and
the Buies Creek - Coats Water and Sewer District of Harnett County;
and
WHEREAS, it is the desire of the Board that the County of
Harnett enter into said Agreement so to implement the Cape Fear
Regional Wastewater System.
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that:
1. The County of Harnett shall and is hereby
authorized to enter into the Agreement between
said County and the Buies Creek - Coats Water
and .Sewer District of Harnett County, a copy
of which is attached hereto as Exhibit "A ".
2. . The appropriate officers of the County of
Harnett are hereby directed to execute the
originals of said Agreement.
Duly adopted this 18th day of December, 1989 upon motion made
by Commissioner Hudson , seconded by Commissioner Smith ,
and adopted by the following vote:
Ayes 4 Noes 0 Abstained 0 Absent 1
Harnett County Byo-aard of Commissioners
By: 4 /J
Attest:
oy G. Stewart, Chairman
- M,caati, (N • v ku� , y
Vanessa W. Young, erk
the Board
EXHIBIT "A"
NORTH CAROLINA
AGREEMENT
HARNETT COUNTY
THIS AGREEMENT is made and entered into this 18th day of
December, .1989 by and between the COUNTY OF HARNETT, a body politic
organized and existing under the laws of the State of North
Carolina (hereinafter sometimes referred to as the "County ") and
the BUIES CREEK -COATS WATER AND SEWER DISTRICT OF HARNETT COUNTY,
a county water and sewer district organized and existing pursuant
to the provisions of Article 6, Chapter 162A of the North Carolina
General Statutes (hereinafter sometimes referred to as the
"District ");
• e
W I T N E S S E T H:
THAT WHEREAS, the County has caused a Comprehensive Wastewater
Study to be conducted for the purpose of examining and analyzing
the wastewater facilities needs of Harnett County; and
WHEREAS, one of the results of that Study was the
identification of a need for a regional sewer collection and
treatment system to serve several local governmental entities
existing in the central portion of Harnett County; and
WHEREAS, in order to meet the demands of the existing and
future wastewater disposal needs as identified, the construction
of a wastewater facility system, designated as the Cape Fear
Regional Wastewater System, has been recommended; and
WHEREAS, the plans for the Cape Fear Regional Wastewater
System include the replacement of the existing waste treatment
facilities serving the Town of Lillington, the Town of Angier and
the Buies Creek - Coate Water and Sewer District of Harnett County,
the construction 'of a new regional wastewater treatment facility
and the construction of main interceptor pipelines to connect the
above named local governmental entities to the new treatment
facility; and
WHEREAS, in anticipation of the need for construction of
wastewater facilities in Harnett County, the Board of Commissioners
of Harnett County requested Federal and State assistance in funding
the construction of the Cape Fear Regional Wastewater System; and
WHEREAS, pursuant to the North Carolina Clean Water Revolving
Loan and Grant Act of 1987 and the provisions of the Federal Water
Quality Act of 1987, the State of North Carolina, through its
Division of Environmental Management, Department of Environment,
Health and Natural Resources, advised the County that monies for
a loan to fund the costs of the Cape Fear Regional Wastewater
System have been reserved for Harnett County; and
WHEREAS, the County determined that it desired to proceed with
the implementation, construction and eventual operation of the Cape
Fear Regional Wastewater System, and in connection therewith
requested the District to enter into an agreement with the County
regarding the participation of the District in said System; and
WHEREAS, the Board of Commissioners of the County of Harnett,
sitting as the governing body of the Buies Creek -Coats Water and
Sewer District of Harnett County, has determined that the Cape Fear
Regional Wastewater System will be of great benefit to the health
and well being of the citizens of the District, and
WHEREAS, the District has therefore determined that it desires
to participate in the Cape Fear Regional Wastewater System; and
WHEREAS, pursuant to the provisions of Chapter 160A, Article
20, Part 1 of the North Carolina General Statutes entitled
"Interlocal Cooperation, Joint Exercise of Powers," the County and
the District desire to enter into this Agreement with respect to
the Cape Fear Regional Wastewater System setting forth the terms
and conditions of their mutual agreements regarding the same.
NOW, THEREFORE, in consideration of the mutual
representations, warranties, covenants and agreements herein
contained, and for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the County and the
District agree as follows:
70 SECTION I
Definitions
The following definitions, designations and /or explanation of
terms shall be used for the purposes of this Agreement:
A. "Project" shall refer to the Cape Fear Regional
Wastewater System construction project.
H. "Regional Treatment Facility" shall refer to the
wastewater treatment and disposal facility to be constructed as
part of the Project, and thereafter owned, operated, managed and
maintained by the County, except as hereinafter set forth.
C. "Regional Interceptor Pipeline" shall refer to the
wastewater interceptor pipeline to be constructed and installed as
part of the Project which shall connect the existing system of the
District to the wastewater interceptor pipeline (also to be
constructed and installed as part of the Project) which shall run
parallel to the Cape Fear River to the Regional Treatment Facility.
D. "Regional System" shall refer to the entire wastewater
collection, treatment and disposal system constructed and installed
pursuant to the Project, and shall include all lands required for
the installation of the same, together with continuous and adequate
easements and rights of way over other lands necessary to erect,
construct, install and lay and thereafter use, operate, inspect,,
repair, replace, remove, change the size of such facilities as
named, and in addition shall include the Regional Treatment
Facility, the Regional Interceptor Pipeline and the District
Effluent Meter.
E. "District Effluent Meter" shall refer to that meter
facility and related appurtenances constructed or otherwise
provided for as part of the Project to which wastewater from the
District shall be transmitted by the District and which shall
measure the quantity of wastewater being delivered by the District
into the Regional Interceptor Pipeline.
F. Any terminology referring to the existing collection
system of District shall mean that network of sewer collection
pipelines, mains and /or related facilities composing the District's
sewer collection system as shall exist on the date the County
commences accepting wastewater from the District into the Regional
System.
G. "Funding Agency" shall refer to the Division of
Environmental Management, Department of Environment, Health and
Natural Resources of the State of North Carolina, or any successor
agency thereto.
H. "County Department of Public Utilities" shall refer to
the Harnett County governmental department existing as of the date
of this Agreement which administers, operates, and otherwise
manages the public water and sewer systems owned and /or operated
by the County, and shall include any other successor department or
subdivision of the County which shall perform such functions.
I. Any terminology referring to the local governmental
entities involved with the Project shall refer to the District, the
County, the Town of Lillington and the Town of Angier. A reference
to the other local governmental entities involved with the Project
shall mean the remainder of the above named local governmental
entities not specifically the subject of the particular provision
within which the reference is made.
J. "Regional Board" shall refer to the Cape Fear Regional
Wastewater Board as established in Section XIV of this Agreement.
SECTION II
Term
This Agreement shall be a continuing contract relative to the
furnishing of essential wastewater treatment and disposal services
for the citizens of the District, and shall exist and continue
until the County and the District shall mutually modify or
terminate the same, BUT IN NO EVENT shall the same terminate until
the loan (including principal and interest) described in Section
III has been paid in full.
SECTION III
Funding Agency and Funds for Construction
A. Fundina Source
The funds for construction of the Project are anticipated to
be supplied in the form of a loan made to the County pursuant to
the North Carolina Clean Water Revolving Loan and Grant Act of 1987
and the provisions of the Federal Water Quality Act of 1987 as
administered by the Division of Environmental Management,
Department of Environment, Health and Natural Resources of the
State of North Carolina. The terms of this Agreement are
conditioned upon the receipt of said loan and approvals required
therefor, and in the event said loan is not obtained by the County,
or the Regional System is otherwise not constructed, then the
County shall have no obligations hereunder to the District, and the
District shall have no obligations hereunder to the County.
B. Agreement Subiect to Requirements of Funding Agency
The County and District agree to comply with all the
conditions and requirements imposed by the Funding Agency, which
shall include, but not be limited to, the Revolving Loan
conditions, the establishment of pretreatment requirements, and the
adoption of appropriate sewer use ordinances and user charge
systems.
C. District to Act in Timely Manner
When, in the course of providing the various ordinances,
information and /or other documents to the Funding Agency, the
County must obtain such items from the District prior to submission
to the Funding Agency, the District agrees to prepare, adopt and /or
otherwise provide the same to the County in a timely manner.
D. Loan Payment Sources
All funds paid by the County and the District as principal and
interest on the aforementioned loan shall be derived only from
those sources specified by the Funding Agency.
SECTION IV
Construction and Ownership of Regional System
A. County Lead Agency
The County shall be responsible for administering and
managing the construction and installation of the Regional System
and in connection therewith shall:
1. Cause the appropriate pre- construction studies to be
completed as are required by the Funding Agency and any other State
or Federal agencies.
71
72
2. Cause such funding and permit applications as may be
required to be completed and filed with the appropriate
Federal and State agencies.
3. Cause plans and specifications for the Regional
System to be completed in accordance with acceptable engineering
practices and procedures, and in compliance with applicable rules,
regulations and requirements of the Funding Agency and such other
State and Federal agencies as may be applicable.
4. Obtain and acquire in its name 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 the Regional System.
5. Obtain and acquire in its name 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 the Regional System
upon, along or across ,streets, roads, highways and public
utilities.
6. Obtain and acquire in its name such parcels of real
property as are necessary for the construction of the Regional
Treatment Facility, pump stations, and any other building or
structure required for the completion of the Regional System.
7. Cause the contract or contracts for construction and
installation of the Regional System to be advertised in accordance
with applicable law, and to thereafter award and enter into such
contract or contracts for said construction and installation as the
County deems in the best interest of the Regional System. The
determination as to which bidder or bidders shall be awarded
contracts shall be made by the County.
8. Cause the installation and construction of the
Regional System to be supervised by qualified and competent
engineers.
9. Cause the District's existing sewerage collection
pipelines and /or force mains which now connect to the existing
County wastewater treatment facility near Buie's Creek to be
disconnected therefrom and reconnected to the Regional Interceptor
Pipeline.
10. Provide for the termination of use of the County's
wastewater treatment facility near Buies Creek as is specified as
part of the Funding Agency loan .package and /or provisions and
guidelines.
11. Provide for the administration of the construction
and installation of the Regional System and to provide for
inspection of the same.
12. Provide for the administration of the funds obtained
for the implementation, construction and installation of the
Regional System.
13. Otherwise, manage the implementation, construction
and installation of the Regional System.
B. Ownership of Regional System
The Regional System shall be and remain the property of
the County, and the District shall have only that right, title or
interest as expressly provided in this Agreement. It is understood 73
that except as to the rights of the District expressly provided in
this Agreement, as owners of the Regional System, the County may
operate, maintain, manage, regulate and control the same, subject
to the terms of this Agreement, and otherwise exercise with respect
thereto any rights, authorities or privileges it may be granted by
statute.
C. Joint Cooperation
During the course of the implementation, design and
construction of the Regional System, the District and the County
agree to collaborate and cooperate with respect to the gathering
of the documentation, data and /or other information necessary to
properly design and construct the Regional System. Additionally,
when requested by the County and /or the contractor(s) the District
agrees to cooperate with the said County and /or the contractor(s)
with respect to the testing of the Regional System,
and preparation for connection of the same to the existing
collection system of the District.
D. conveyance of Easements
The District agrees to convey to the County, without
charge, easements and rights of way over, upon and across
Properties owned by the District when such easements and rights of
way are necessary to install and construct the Regional Interceptor
Pipeline, and /or otherwise necessary to connect the Regional
Interceptor Pipeline to the District Effluent Meter.
Lill I SECTION V
Capacity Allocations in Regional System
A. Manner of Expression
The allocations of capacity in the Regional System shall
be expressed in terms of treatment capacity in the Regional
Treatment Facility.
a. District Allocation. The District shall have allocated
and reserved for treatment of its wastewater twenty -five (258)
percent of the treatment capacity of the Regional Treatment
Facility. It is understood that the capacity of the Regional
Treatment Facility is to be two million (2,000,000) gallons per
day, and that therefore, the allocation and reservation herein made
to the District equals five hundred thousand (500,000) gallons per
day.
C. Remaining Allocations. The remaining seventy -five (758)
percent of the treatment capacity of the Regional Treatment
Facility shall be allocated to the other local governmental
entities involved with the Project or retained by the County for
its use.
SECTION VI
Payment for Capacity Allocations in Regional System
A. Loan Determination
The amount of the loan awarded for the construction and
installation of the Regional System shall be determined pursuant
to the directives of the Funding Agency. As soon as practicable
after final determination of the loan amount and related debt
instrument details, the County shall provide such information to
the District.
7 /� B. Loan Payment Portion Payable by District
�} The District shall pay that portion of each and every
payment due on the loan obtained through the Funding Agency as
hereinafter provided:
1. The portion of each payment made by the District
shall equal the product of the total amount of the principal and /or
interest due for such payment multiplied by the percentage of the
capacity allocation in the Regional System allocated and reserved
for the District herein.
2. The portion of the payment to be made by District
shall be paid to the County at least fifteen (15) days prior to the
due date of the same.
3. It is understood that according to the Funding
Agency, principal payments will be made annually on or before May
i of each year, and that all interest payments will be made
semiannually on or before May 1 and November 1 of each year. The
portion of the payments to be made by District as herein provided
shall apply to both the principal and interest and the interest
only payments due on the loan.
C. Remainder of Loan Payments
The remaining portion of the loan payment for the
Regional System, that is, that portion not paid by District, shall
be obtained by the County from the other governmental entities
participating in the Project, and /or supplied by the County.
D. Transmission of Loan Payment
The County shall be responsible for transmitting the loan
payments to the Funding Agency or other appropriate agency as
directed by the Funding Agency. County shall make said payments
on a timely basis and any penalty or late charges shall not be paid
by District, provided District has made its payment by the time
required in Section VI (B) (2)..
E. Costs in Excess of Loan
It is the understanding of the County and the District
that the current estimated Project cost is $7,500,000. The County
and the District agree that should the Project exceed one percent
(1$) of the estimated Project cost, including closing costs and
other costs associated therewith, then the District shall have the
option of either retaining its level of capacity allocations in the
Regional System herein agreed upon, and thereby incur its share of
the additional costs for the same, or reduce its level of capacity
allocation in the Regional System herein agreed upon and thereby
not incur the additional costs. In the event that during the pre-
construction phases of the Project it becomes apparent that the
estimated Project cost, together with closing costs and other costs
associated therewith, shall exceed $7,500,000 by more than one
percent (1%) of such amount, then the County shall notify all
entities involved with the Project so that they may collaborate and
cooperate as to cost overruns. The District shall determine which
option it desires, and shall advise the County as to such
determination within twenty (20) calendar days after notification
to the District of the apparent cost overrun.
Unless otherwise agreed, if the District shall elect to
retain its level of capacity allocation as described above, or if
the Project exceeds $7,500,000 by less than one percent (18)
thereof, then the District shall pay such portion of the applicable
excess as equals said excess multiplied by the percentage of the
capacity allocation in the Regional System allocated and reserved
75
SECTION VII
Wastewater Treatment and Metering
A. County to Treat District Wastewater
County agrees to treat at the Regional Treatment Facility
during the term of this Agreement or any renewal or extension
thereof, quantities of wastewater which flow through the District
Effluent Meter up to and including the maximum amount of Five
hundred thousand (500,000) gallons per day, which said maximum
amount equals the allocation made and reserved for the District
herein. The wastewater shall be treated pursuant to those
standards specified by the applicable Federal and State agencies,
including, but not limited to, the standards of the Division of
Environmental Health of the North Carolina Department of
Environment, Health and Natural Resources. The County agrees to
continue treating wastewater from the District at the County
wastewater treatment facility near Buies Creek in accordance with
that Contract entered into between the County and the District
dated July 23, 1984 until such time as the use of said wastewater
treatment facility is terminated, and to thereafter provide for an
orderly transition of treatment services from said facility to the
Regional Treatment Facility.
B. District Effluent Meter
County agrees to furnish and install as part of the
Project and thereafter operate and maintain at such point as is
designated by the engineers for the Regional System the necessary
metering equipment, including a meter house or pit, and the
required devices of standard type for properly measuring the
quantity of wastewater transmitted into the Regional Interceptor
Pipeline for treatment and to calibrate such metering equipment
whenever requested by District, but not more frequently than once
every twelve (12) months. However, the District may obtain
independent verification of the calibration of the metering
equipment. In this event, should the test result be deemed to be
accurate, (as hereinbelow stated), then the District shall pay the
costs of obtaining such test. If the test result is not deemed to
be accurate, (as hereinbelow stated), then the County shall pay the
costs of obtaining the test. A meter registering not more than two
(28) percent above or below the test result shall be deemed to be
accurate. The previous readings of any meter disclosed by test to
be inaccurate shall be corrected for the three (3) months previous
to such test in accordance with the percentage of inaccuracy found
by such tests. If the meter fails to register for any period, the
amount of wastewater treated during such period .shall be deemed to
be that amount of wastewater which equals the average monthly
reading for the three (3) months previous to such failure, unless
County and District shall agree upon a different amount.
Appropriate officials of District shall have access to the meter
at all reasonable times in order to verify readings.
C. Meter Readings
The District Effluent Meter shall be read by the County
on the first day of each month.
76
SECTION VIII
Operation and Maintenance
of Regional System
A. Management of Regional System
Except as otherwise set . forth in this Agreement, the
Regional System shall be managed, operated, and maintained by the
County through its Department of Public Utilities, as a County
operated public enterprise, and in connection therewith the County
shall:
1. Formulate and thereafter maintain proper accounting
procedures with respect to the Regional System in accordance with
the North Carolina Local Government Budget and Fiscal Control Act
as set forth in Article 3, Chapter 159 of the North Carolina
General Statutes.
2. Operate and maintain the Regional System on an annual
budget, which budget shall be formulated and maintained in
accordance with the North Carolina Local Government Budget and
Fiscal Control Act as set forth in Article 3, Chapter 159 of the
North Carolina General Statutes.
3. Contract with a certified public accountant for
annual audits of the Department of Public Utilities and the
Regional System accounting procedures and records.
4. Obtain, and thereafter maintain, insurance and bonds
as required by State law.
5. Comply with all Federal, State, and Local laws and
regulations relative to the management, operations and maintenance
of the Regional System.
6.. Invoke moratoriums in accordance with Section VIII
(G) hereof to prevent the addition of wastewater customers to the
Regional System and /or the increase in wastewater flow into the
Regional System so as to protect the allocation in the Regional
System reserved for the District herein.
7. Invoke surcharges in accordance with Section VIII (F)
hereof upon the local governmental entities involved with the
Project, in the event such entities exceed their maximum flow input
amounts (reserved allocations) into the Regional System.
8. Report to the District on a monthly basis, or upon
request, with respect to wastewater flow from all the entities
involved with the Project and other matters as are appropriate.
9. Otherwise, provide for the orderly and efficient
management, operation, and maintenance of the Regional System.
B. Operations and Maintenance Expense Provided by District
1. The District shall, on a monthly basis, .provide that
portion of the costs incurred for Operations and Maintenance of the
Regional System as is described herein. Said monthly cost shall
be based upon a Bulk Municipal Sewer. Rate as hereinafter
formulated.
2. The portion of the costs incurred for Operations and
Maintenance of the Regional System to be provided by District shall
be that amount of money which equals the product of the Bulk
Municipal Sewer Rate multiplied by the number of gallons of
wastewater transmitted into the Regional Interceptor Pipeline as
measured through the District Effluent Meter.
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3. The Bulk Municipal Sewer Rate (hereafter "Bulk
Rate ") shall be the Operations and Maintenance expense of the
Regional System expressed in cost per one thousand (1000) gallons
of wastewater treated. The Bulk Rate shall be determined on an
annual cycle, and shall be based upon demonstrable expenditures for
the operations and maintenance of the Regional System as indicated
on the accounting records for the Regional System, together with
anticipated increases or decreases in the same. The Bulk Rate
shall be determined as follows:
(a) The total amount of Operations and Maintenance
costs incurred by the County during a fiscal year shall be
calculated.
(b) Such total amount of Operations and Maintenance
costs shall then be divided by the number of gallons of wastewater
treated at the Regional Treatment facility during the corresponding
fiscal year. The per gallon cost thereupon derived shall be
multiplied by one thousand (1000) to determine actual cost per one
thousand (1000) gallons.
(c) The actual cost per one thousand (1000) gallons
shall thereupon be adjusted to reflect projected and anticipated
increases or decreases in the Operations and Maintenance expenses
reasonably expected to be incurred by the County in the forthcoming
rate period.
(d) The actual cost per one thousand (1000) gallons
adjusted as provided in (c) above shall be the Bulk Rate for the
next fiscal year.
9 4. Prior to the adoption of a bulk rate, the County
shall seek the advice and recommendations of the Regional Board
with respect thereto, and shall provide documentation to the
regional Board to support its conclusions and opinions regarding
the same.
5. On or before April 1 of each year, the County shall
advise the District of an estimate of the bulk rate it intends to
adopt and shall adopt such rate on or before May 1 of each year.
6. The District shall be furnished by the County, not
later than the tenth (10th) day of each month, an itemized
statement or bill (including the amount of wastewater treated, the
rate and the amount due) for the amount of wastewater transmitted
into the Regional Interceptor Pipeline through the District
Effluent Meter during the preceding month, as established by the
meter readings made on the first day of each month.
7. The District shall pay to the County the amount
billed to them by the County on or before the twentieth (20th) day
of the month in which the bill is rendered.
C. Procedures Prior to Implementation of Annual Cycle
1. The Bulk Municipal Sewer Rate, prior to the
implementation of the Annual Cyclical Procedures outlined in
Section B above, shall be determined as follows:
(a) During the period beginning on the date the
County commences accepting wastewater from the District into the
Regional System and continuing through the end of the fiscal year
following the fiscal year during which wastewater is first
accepted, the Bulk Municipal Sewer Rate shall be based upon
estimated Operations and Maintenance expenses of the Regional
System as determined by the County and the Project engineers.
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(b) During the first year in which the Annual
Cyclical Procedures are implemented, the Bulk Municipal Sewer Rate
shall be based upon . demonstrable expenditures for the operations
and maintenance of the Regional System as indicated on the
accounting records for the Regional System made during the first
fiscal year of its operation (that period beginning on the date the
County commences accepting wastewater from the District into the
Regional System and continuing through the end of the same fiscal
year), together with projected and anticipated increases or
decreases in the operations and maintenance expenses reasonably
expected to be incurred by the County in the forthcoming rate
period.
2. The first billing to the District shall be made not
later than the tenth (10th) day of the month following the month
during which the County commences accepting wastewater from the
District.
3. All other procedures provided in Section B above
shall be utilized in the calculating of the monthly bill to be
rendered to and paid by District.
D. System Failure
The County will, at all times, operate and maintain the
Regional System in an efficient manner and will take such action
as may be necessary to furnish sewer services to the District.
Temporary or partial system failures shall be remedied with all
possible dispatch. Any reduction in services to the District shall
be reduced or diminished in the same ratio or proportion as the
same is reduced or diminished with respect to the other local
governmental entities involved in the Project. Emergency failures
caused by main pipeline breaks, power failure, flood, fire,
earthquake, or other catastrophe shall excuse the County from the
obligation to provide sewer services to the District for such
reasonable period of time as may be necessary to restore service.
E. Indemnification of District
The County shall and hereby does indemnify and hold
harmless the District from and against all costs, loss, expenses,
(including attorney's fees), claims,suits and judgments whatsoever
in connection with any and all liability arising out of any error
or omission made or caused by the County and /or its officers,
agents and employees in connection with any of the Regional System
operated by the County.
F. Surcharges
1. Invoking Surcharges. The County shall invoke
surcharges upon the local governmental entities involved with the
Project when such entities:
(a) Discharge into the Regional System a quantity
of wastewater which exceeds such entities maximum flow input
amounts (reserved allocations), hereinafter referred to as "excess
use surcharges" or
(b) Discharge into the Regional System wastewater
which violates the regulations of the applicable federal, state,
and /or local governments and /or agencies, hereinafter referred to
as "violation caused surcharges."
2. Excess Use Surcharges. The procedures for
processing excess use surcharges shall be as follows:
(a) Such surcharges shall be imposed and calculated
based on each monthly meter reading period.
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(b) The surcharges shall be invoked effective the
monthly meter reading period during which the excess use first
occurs and shall continue until such use is ended.
(c) The amount of the surcharge shall be calculated
based upon the surcharge as set by the Regional Board.
(d) Surcharges shall be payable twice a year, on
or before May 1 and November 1. Such surcharges shall be
distributed as provided in Section 3 below.
3. Distribution of Excess Use Surcharges. Surcharges
imposed and collected by reason of excessive discharges shall be
distributed among the local governmental entities involved with the
Project as follows; subject, however to the conditions set forth
in (e) and (f) below:
(a) For each month the Town of Lillington exceeds
its reserved allocation, the surcharge assessed to it shall be paid
368 to the Town of Angier, 368 to the Buies Creek -Coats Water and
Sewer District of Harnett County, and 288 to the County of Harnett.
(b) For each month the Town of Angier exceeds its
reserved allocation, the surcharge assessed to it shall be paid 408
to the Town of Lillington, 338 to the Buies Creek -Coats Water and
Sewer District of Harnett County, and 278 to the County of Harnett.
(c) For each month the Buies Creek -Coats Water and
Sewer District of Harnett County exceeds its reserved allocation,
the surcharge assessed to it shall be paid 338 to the Town of
Angier, 408 to the Town of Lillington, and 278 to the County of
Harnett.
C, (d) For each month the County of Harnett exceeds
its reserved allocation, the surcharge assessed to it shall be paid
318 to the Buies Creek -Coats Water and Sewer District of Harnett
County, 318 to the Town of Angier, and 388 to the Town of
Lillington.
(e) The above distribution percentages have been
calculated assuming that the respective reserved allocations for
the entities involved with the Project are as follows:
i. Lillington- 600,000 gallons per day
ii. Angier- 500,000 gallons per day
iii. Buies Creek -Coats District- 500,000 gallons per
day
iv. Harnett County- 400,000 gallons per day
In the event that any one or more of the entities has
increased its reserved allocation by expansion, purchase or
otherwise, the percentages as set forth in paragraphs a - d above
shall be modified and shall be stated as that portion which each
entity owns, expressed as a percentage of the reserved allocations
of all receiving entities.
(f) In the event the total amount of gallons of
capacity used by a potential receiving entity during a month,
together with that number of gallons of capacity which equals the
respective percentage applicable to such entity multiplied by the
number of gallons of excess upon which the surcharge is calculated,
exceeds the number of gallons of reserved capacity for that entity,
then such entity shall receive only the amount of the surcharge
which applies to the difference between its reserved allocation and
the total amount of gallons of capacity used by that entity during
80 a month. Such portion of the surcharge not paid to the entity
shall be prorated among the other receiving entities based on the
percentages above stated.
4. Violation Caused Surcharges. The procedures for
processing surcharges invoked by reason of violations shall be as
follows:
(a) The amount of the surcharge shall be calculated
based upon the surcharge as set by the Regional Board and based on
the strength of the waste being received above the average domestic
waste concentrations as may be defined by law.
(b) The surcharge shall be added to the Operation
and Maintenance costs billed to the local governmental entity
involved with the Project upon which the surcharge has been
invoked.
(c) The surcharges shall be invoked effective the
monthly meter reading period during which the violation first
occurs and shall continue until such violation is remedied.
(d) The surcharges shall be placed into the
Operations and Maintenance budget of the Regional System.
G. Moratoriums
The County shall invoke moratoriums upon the local
governmental entities involved with the Project when such entities:
1. Discharge into the Regional System for a period of
four (4) out of six (6) consecutive calendar months a quantity of
wastewater which exceeds such entity's maximum flow input amounts
(reserved allocations); or
2. Discharge into the Regional System wastewater which
violates the regulations of the applicable federal, state and /or
local governments and /or agencies and such entities do not promptly
act to remedy such violations.
A moratorium as provided herein shall mean a suspension
of the issuance of all building permits for the entity. The
moratorium shall remain in effect until the condition causing the
same has been resolved satisfactory to the County.
.SECTION IX
Regional System Distinct From District System
It is understood that the Regional System shall be distinct
and separate from the existing system of the District. As such,
except as expressly provided in this Agreement, the County may,
with respect to the Regional System:
A. Operate, maintain, manage, regulate and control the
Regional System;
B. Establish and set all rates, fees, and other charges
applicable thereto;
C. Adopt such ordinances, rules, regulations and other
procedures as it deems appropriate therefor;
D. Collect and retain revenues and other monies obtained in
the operation of the same; and
E. Otherwise, exercise with respect thereto any and all
rights, authorities or privileges it may be or has been granted by
law.
SECTION X
Existing Collection System of District
A. Ownership
The existing collection system of the District shall be
and remain the solo= :roperty of the District.
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B. Operations and Maintenance and Related Matters
It is acknowledged that the County and the District have
previously entered into a Contract dated July 23, 1984 relative to
the operation of the existing collection system of the District.
Pursuant thereto, the County shall be responsible for the following
matters regarding the District's existing collection system:
1. Operation, management and maintenance thereof;
2. Establishment and setting of all rates, fees, and
other charges for sewer connections and services provided
therefrom;
3. Billing and collection of all such rates, fees and
other charges;
4. Administrative, legal, and other costs associated
therewith.
SECTION xI
Certain Expansions Related to the District
A. Expansions to Collection System of District - County
Nonparticipant
1. Applicability. The provisions of this subsection
shall apply in the event sewerage collection pipelines, force
mains, and /or related facilities are constructed such that effluent
therefrom shall flow through the District Effluent Meter, and the
same have been either:
(a) constructed or caused to be constructed solely
by the District, OR
(b) constructed by some person, firm, or entity
other than the County, and accepted by the
District as part of its collection system.
2. Ownership. Sewerage collection pipelines, force
mains and /or related facilities as identified in subsection A(1)
above shall be and remain the sole property of the District.
3. Operations, Maintenance and Related Matters. With
respect to any sewerage collection pipelines, force mains, and /or
related facilities as identified in subsection A (1) above, the
terms of that Contract previously entered into between the County
and the District dated July 23, 1984 shall control with regard to
the following matters:
a. Operation and maintenance thereof;
b. Rates, fees, and other charges applicable
thereto;
C. Responsibility for billings and collections
related thereto; and
d. Responsibility for administrative expenses
regarding the same.
B. Expansions for Benefit of District - County Nonparticipant
1. Applicability. The provisions of this subsection
shall apply to sewerage collection pipelines, force mains, and /or
related facilities to be constructed such that effluent therefrom
shall not flow through the District Effluent Meter, but shall flow
otherwise into the Regional Interceptor Pipeline, and the same are
to be either:
(a) constructed or caused constructed solely by the
District, OR
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(b) constructed by some person, firm, or entity
other than the County and the areas serviced
therefrom are to be incorporated into the
boundaries of the District.
2. Connection Subject to County Approval. Any sewerage
collection pipeline, force mains, and /or related facilities
identified in subsection B(1) above shall not be connected to the
Regional interceptor Pipeline or any other pipeline or main owned
by the County until such connection is approved in writing by the
County.
3. Ownership. Any sewerage collection pipelines, force
mains, and /or related facilities identified in subsection B(1)
above shall be and remain the sole property of the District.
4. Provisions subject to Mutual Agreement. With respect
to any sewerage collection pipelines, force mains, and /or related
facilities identified in subsection B(1) above, it is agreed that
County and District shall collaborate, and prior to construction
of the same, agree to provisions with respect thereto regarding
the following:
(a) Metering of effluent transmitted therefrom,
(b) Operation and maintenance thereof,
(c) Rates, fees, and other charges applicable
thereto,
(d) Responsibility for billings and collections
related thereto; and
(e) Responsibility for administration expenses
regarding the same.
C. County Expansions to Collection System of District
1. Applicability. The provisions of this subsection
shall apply to sewerage collection pipelines, force mains and /or
related facilities to be constructed outside the boundaries of the
District and such that effluent therefrom shall flow through the
District Effluent Meter and the same are to be either:
(a) constructed or caused to be constructed solely
by the County, or
(b) constructed . by some person, firm or entity
other than the District and are to be accepted
by the County as part of its collection system.
2. Connection Subject to District Approval. Any
sewerage collection pipelines, force mains and /or related
facilities identified in subsection C(1) above shall not be
connected to the existing collection system of the District or any
system identified in subsection A(1) hereof until such connection
is approved in writing by the District.
3. Ownership. Any sewerage collection pipeline, force
mains and /or related facilities identified in subsection C(1) above
shall be and remain the sole property of the County.
4. Provisions Subject to Mutual Agreement. With
respect to any sewerage collection pipelines, force mains and /or
related facilities identified in subsection C(1) above, it is
agreed that County and District shall collaborate, and prior to
construction of the same; agree as to provisions with respect
thereto regarding the following:
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(a) Metering of effluent transmitted therefrom,
(b) Operation and maintenance thereof,
(c) Rates, fees and other charges applicable
thereto,
(d) Responsibility for billings and collections
related thereto; and
(e) Responsibility for administrative expenses
regarding the same.
D. County Expansions in Vicinity of District
1. Applicability. The provisions of this subsection
shall apply to sewerage collection pipelines, force mains and /or
related facilities constructed such that effluent therefrom shall
not flow through the District Effluent Meter, but shall flow
otherwise into the Regional Interceptor Pipeline, and the same has
been either:
(a) constructed or caused to be constructed solely
by the County, or
(b) constructed by some person, firm or entity
other than the District, and accepted by the
County as part of its collection system.
2. Ownership. Sewerage collection pipelines, force
mains and /or related facilities as identified in subsection D(1)
above shall be and remain the sole property of the County.
3. Operation and Maintenance. The County shall be
solely responsible for the operation and maintenance of any
sewerage collection pipelines, force mains and /or related
facilities as identified in subsection D(1) above.
4. Rates, Fees and Other Charges. The County shall
establish and set all rates, fees and other charges for sewer
connections and services provided from any sewerage collection
pipeline, force mains and /or related facilities as identified in
subsection D(1) above.
5. Billing and Collections. The County shall be
responsible for billing all sewer service customers served by
sewerage collection pipelines, force mains and /or related
facilities as identified in subsection D(1) above. All COSrs
related to billing and collection shall be paid by County.
6. Administrative Expenses. The County shall be
responsible for all administrative, legal and other costs
associated with any sewerage collection pipelines, force mains
and /or related facilities as identified in subsection D(1) above.
E. exoansions Resulting from Joint Cooperation of District
and County /Other Expansions Not Identified
1. Applicability. The provisions of this subsection
shall apply to sewerage collection pipelines, force mains and /or
related facilities constructed or caused to be constructed as a
result of a joint effort of the County and District or planned or
caused to be constructed pursuant to some other plan not identified
herein.
2. Provisions Subject to Mutual Agreement. witn
respect to any sewerage collection pipelines, force mains and /or
related facilities as identified in subsection E(1) above, it is
agreed that County and District shall collaborate and, prior to
construction of the same, agree as to provisions with respect
thereto regarding the following:
M .5
(a) Ownership thereof,
(b) Metering of effluent transmitted therefrom,
(c) operation and maintenance thereof,
(d) Responsibility for establishment of rates, fees
and other charges applicable thereto,
(e) Responsibility for billings and collections
related thereto, and
(f) Responsibility for administrative expenses
regarding the same.
SECTION %II
Expansion of Regional System
A. . Section Applicability
The provisions of this Section shall apply in the event
one or more of the following circumstances should arise:
1. The District determines that it desires additional
wastewater treatment plant capacity such that an expansion must be
made to the Regional Treatment Facility to obtain such additional
capacity.
2. The County determines that it desires additional
wastewater treatment plant capacity such that an expansion must be
made to the Regional Treatment Facility to obtain such additional
capacity.
3. A determination is made that wastewater flow from
the District into the Regional Interceptor Pipeline has increased
or is anticipated to increase to such extent that the Regional
Interceptor Pipeline must be upgraded, expanded, and /or enlarged
to meet the flow requirements of the District.
4. The County determines that it desires to upgrade,
expand, and /or enlarge one of the main interceptor pipelines
constructed as part of the Project.
5. The County determines that it desires to provide
wastewater treatment services to other local governmental entities
not involved with the Project.
B. Negative Impacts
With respect to the implementation of any expansion to
the Regional System as described in this Section, a negative impact
shall be deemed to result from the same, if it is reasonably
expected to cause:
1. Additional debt service costs to be incurred by the
local governmental entity or entities not participating therein;
or
2. A reduction or diminution in services to any or all
the local governmental entities involved in the Project; or
3. Additional Operations and Maintenance costs to be
incurred by the local governmental entity or entities not
participating therein.
C. Procedure
In the event the County and /or the District desire to
implement an expansion as described in this Section, then the
following procedures,shall be utilized:
1. The County and /or the District shall cause
appropriate investigations, studies, and /or evaluations to be
conducted to determine whether or not negative impacts will result
from the desired expansion.
2. In the event a determination is made that negative
impacts will result from the expansion, the County and /or the
District will formulate actions to be put into effect with the
implementation of the expansion which will remedy the effect of
such negative impacts.
3. The County and /or the District shall present any
proposal relative to the implementation of an expansion to the
Regional Board. Such proposal shall include such documentation as
will reasonably support its conclusions and opinions relative to
negative impacts.
4. The County and /or the District shall cooperate with
the Regional Board as said Board carries out its functions as set
forth in Section XIV of this Agreement.
5. Upon approval of the proposed expansion by the
Regional Board, the party or parties involved shall be authorized
to implement the proposed expansion.
D. Additional Procedure Authorized for Benefit of County
In the event that the Regional Board does not approve an
expansion desired by the County, and /or fails to carry out its
duties with respect to making its decision regarding such expansion
in a timely manner, then it is understood that the County may
proceed to implement an expansion if the expansion is reasonably
expected to cause no negative impacts on the local governmental
entity or entities not involved in the expansion; or, those
negative impacts reasonably expected to result from the expansion
have been or will be, upon implementation of the expansion, remedied
by the County. Such expansion as is herein authorized may be
jointly implemented by the County and another of the local
governmental entities involved in the Project. It is agreed that
any wastewater treatment plant capacity and /or any interceptor line
capacity resulting pursuant to such expansion shall be allocated
to the County and, if applicable, the other local governmental
entity involved with said expansion.
E. Additional Procedure Authorized for Benefit of District
In the event that the Regional Board does not approve an
expansion desired by the District, and /or fails to carry out its
duties with respect to making its decision regarding such expansion
in a timely manner, then it is understood that the District may
proceed to implement an expansion if the expansion is reasonably
expected to cause no negative impacts on the local governmental
entity or entities not involved in the expansion; or, those
negative impacts reasonably expected to result from the expansion
have been or will be, upon implementation of the expansion,
remedied by the District. Such expansion as is herein authorized
may be jointly implemented by the District and another of the local
governmental entities involved in the Project.
PROVIDED, HOWEVER, that should the District determine to
proceed as provided hereunder, that it shall do so under the
following terms and conditions:
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1. The District shall employ consulting engineers,
acceptable to and approved by County, to design the desired
expansion. Upon completion, the plans and specifications for the
expansion shall be presented to the County for review and approval.
The County shall approve such plans and specifications unless good
cause exists to disapprove the same. The County agrees to not
unreasonably withhold approval of such plans and specifications.
2. The County, as operator of the Regional System,
shall collaborate and cooperate with the District in order to
obtain the necessary permits from the applicable federal, state
and /or local governments and /or agencies so as to proceed with
construction of the expansion,
3. The County, as operator of the Regional System, and
the District shall make provision for the joint submission of the
expansion project for bids. The contract or contracts for
construction shall thereafter be awarded according to law. The
decision as to which bid or bids to accept or any decision to rebid
the project shall be made by the District.
4. During construction it is agreed that the County
shall be authorized to inspect and observe the construction process
so as to insure the acceptable completion of the expansion.
5. All costs associated with the expansion shall be
paid by the District. Administrative costs incurred by the County
shall be paid by the District to the County upon billing by the
County. Costs of design, construction observation and other
engineering services shall be paid directly by the District to the
engineer. In the event it is necessary for the County to enter
into contracts for the construction of the expansion (for the
benefit of the District) costs incurred pursuant to such contracts
shall be paid by the District over the course of the construction
period within ten (10) days after submission of periodic pay
estimates (as issued by the contractor(s) and /or engineer].
6. It is agreed that any wastewater treatment plant
capacity and /or any interceptor line capacity resulting pursuant
to the above described procedure shall be allocated to and owned
by the District.
7. As set forth in this proviso, the term District
shall include, if applicable, the other local governmental entity
involved with said expansion.
SECTION BIII
Sale of Capacity Allocations in Regional System
A. Section Applicability
The provisions of this Section shall apply in the event
one or more of the following circumstances should arise:
1. The District determines that it desires to sell all
or a portion of its capacity allocation in the Regional System to
one or more of the other local governmental entities involved with
the Project.
2. The District determines that it desires to purchase
all or a portion of the capacity allocation in the Regional System
held by one or more of the other local governmental entities
involved with the Project.
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3. The County determines that it desires to sell all
or a portion of its capacity allocation in the Regional System to
one or more of the other local governmental entities involved with
the Project.
4. The County determines that it desires to purchase
all or a portion of the capacity allocation in the Regional System
held by one or more of the other local governmental entities
involved with the Project.
B. Negative Impact
With respect to the purchase and /or sale of capacity
allocations in the Regional System as described in this Section,
a negative impact shall be deemed to result from a purchase and /or
sale if such purchase and /or sale is reasonably expected to cause:
1. Additional debt service costs to be incurred by the
local governmental entity or entities not parties to the purchase
and /or sale; or
2. A reduction or diminution in services to any or all
the local governmental entities involved in the Project; or
3. Additional Operations and Maintenance costs to be
incurred by the local governmental entity or entities not parties
to the purchase and /or sale.
C. Procedure
In the event the County and /or the District desire to
purchase and /or sell capacity allocations in the Regional System
as described in this Section, then the following procedures shall
be utilized:
1. The County and /or the District shall cause
appropriate investigations, studies and /or evaluations to be
conducted to determine whether or not negative impacts will result
from the purchase and /or sale.
2. In the event a determination is made that negative
impacts will result from the purchase and /or sale, the County
and /or the District will formulate actions to be put into effect
together with the purchase and /or sale which will remedy the effect
of such negative impacts.
3. The County and /or the District shall present any
proposal relative to the purchase and /or sale of capacity
allocations in the Regional System to the Regional Board. Such
proposal shall include such documentation as will reasonably
support its conclusions and opinions relative to negative impacts.
4. The County and /or the District shall cooperate with
the Regional Board as said Board carries out its functions as set
forth in Section XIV of this Agreement.
5. Upon approval of the proposed purchase and /or sale
by the Regional Board, the parties involved shall be authorized to
complete said purchase and /or sale.
D. Additional Procedure Authorized for Benefit of County
In the event that the Regional Board does not approve a
proposal made by the County to purchase and /or sell capacity
allocations in the Regional System, and /or fails to carry out its
duties with respect to making its decision regarding such purchase
and /or sale in a timely manner, then it is understood that the
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County may proceed to consummate the proposed purchase and /or sale
if the purchase and /or sale is reasonably expected to cause no
negative impacts on the local governmental entity or entities not
involved in the purchase and /or sale or, those negative impacts
reasonably expected to result from the purchase and /or sale have
been or will be, upon consummation of the purchase and /or sale,
remedied by the County.
E. Additional Procedure Authorized for Benefit of District
In the event that the Regional Board does not approve a
proposal made by the District to purchase and /or sell capacity
allocations in the Regional System, and /or fails to carry out its
duties with respect to making its decision regarding such purchase
and /or sale in a timely manner, then it is understood that the
District may proceed to consummate the proposed purchase and /or
sale if the purchase and /or sale is reasonably expected to cause
no negative impacts on the local governmental entity or entities
not involved in the purchase and /or sale or, those negative impacts
reasonably expected to result from the purchase and /or sale have
been or will be, upon consummation of the purchase and /or sale,
remedied by the Town.
PROVIDED HOWEVER, that should the District consummate a
sale of all or a portion of its capacity allocation in the Regional
System to another local governmental entity involved in the
Project, the District shall be and remain liable to the County
hereunder for the District's portion of the costs of the Regional
System.
AND FURTHER PROVIDED, that should a purchase and /or sale
as provided hereunder cause any modification to be made to the
Regional System, then, such modification shall be completed upon
the following terms and conditions:
1. The District shall employ consulting engineers
acceptable to and approved by County, to design the desired
modification. Upon completion, the plans and specifications for
the modification shall be presented to the County for review and
approval. The County shall approve such plans and specifications
unless good cause exists to disapprove the same. The County agrees
to not unreasonably withhold approval of such plans and
specifications.
2. The County, as operator of the Regional System,
shall collaborate and cooperate with the District in order to
obtain the necessary permits from the applicable federal, state
and /or local governments and /or agencies so as to proceed with
construction of the modification.
3. The County, as operator of the Regional System, and
the District shall make provision for the joint submission of the
modification project for bids. The contract or contracts for
construction shall thereafter be awarded according to law. The
decision as to which bid or bids to accept or any decision to rebid
the project shall be made by the District.
4. During construction it is agreed that the County
shall be authorized to inspect and observe the construction process
so as to insure the acceptable completion of the modification.
5. All costs associated with the modification shall be
paid by the District. Administrative costs incurred by the County
shall be paid by the District to the County upon billing by the
County. Costs of design, construction observation and other
engineering services shall be paid directly by the District to the
engineer. In the event it is necessary for the County to enter
into contracts for the construction of the modification (for the
benefit of the District) costs incurred pursuant to such contracts
shall be paid by the District over the course of the construction
period within ten (10) days after submission of periodic pay
estimates (as issued by the contractor(s) and /or engineer].
SECTION %IV
Cape Fear Regional Wastewater Board
A. Creation
The County and the District agree to cooperate and
participate in the establishment of the Cape Fear Regional
Wastewater Board (hereinafter sometimes referred to as the
"Regional Board ") in accordance with the provisions of this
Section. It is acknowledged that the County has entered into
Agreements with the other local governmental entities involved with
the Project and that each such Agreement contains a Section
regarding the Regional Board which is in substance identical to
this Section. It is understood that the District and the County
hereby agree that they shall abide by those provisions of this
Agreement concerning the Regional Board as the same apply to the
other local governmental entities involved with the Project.
B. Purpose of Regional Board
It is the desire of the local governmental entities
involved with the Project to create the Regional Board for the
following purposes:
1. To create a forum where the concerns and desires of
such entities may be freely and openly discussed so as to insure
that all entities will be made aware of the status of all aspects
of the Regional System and its operation.
2. To promote cooperation between such entities.
3. To insure that all such entities will be provided
an opportunity to make suggestions and comments relative to the
status of the Regional System and its operation.
4. To review proposals to modify the existing status
of the Regional System and its operation.
5. To review proposals to expand the Regional System
and to promote agreement and cooperation between such entities with
respect thereto.
6. To carry out and implement its duties and
authorities set forth in this Agreement.
C. Membership
Two members of the Regional Board shall be appointed by
each local governmental entity involved with the Project, one of
which shall be a member of the governing body of the entity
appointing such members. The members of the Regional Board shall
serve at the pleasure of the Board appointing them.
D. Initial Appointment
The Regional Board shall be initially appointed prior to
January 17, 1990.
•
90
E. Meetings
Regular meetings of the Regional.Board shall be held on
the fourth Tuesday of the first month in each calendar quarter of
the year at 7:00 o'clock p.m., and at such other times as requested
by any entity represented on said Board. The Board shall meet in
the Conference Room of the Northeast Metropolitan Water Plant
Facility located on West Duncan Street in Lillington, North
Carolina.
F. Voting
Each entity represented on the Regional Board shall be
entitled to one vote on each issue coming before the Board and that
vote may be cast by either member of the Regional Board
representing such entity. Both members representing an entity need
not be present for that entity's full vote to be cast.
G. Officers
At the first meeting of the Regional Board each calendar
year, the Regional Board shall elect from its membership a Chairman
and a Vice - Chairman. The fact that a Board member shall be elected
to either office shall have no effect upon the voting rights of
that member or of the entity such member represents.
H. Operating Procedures
The proceedings of the Regional Board shall be conducted
in accordance with the most recent edition of Robert's Rules of
Order, except where the provisions of this Agreement provide
otherwise.
I. Duties of Regional Board Regarding Purchase /Sale of
Regional System Capacity Allocations and Regional System
Expansions
1. Statement of Intent. It is the intent of the local
governmental entities involved with the Project to provide, through
the Regional Board, a forum for discussion, review and approval of
any proposal to purchase and /or sell capacity allocations in the
Regional System or to expand the Regional System. In connection
therewith., the Board.shall not unreasonably withhold approval of
such proposal, but rather shall be required to approve the same ,
unless good cause shall be shown not to do so. Additionally, the
Board shall use its best efforts to promote cooperation and
agreement between the several entities involved with the Project
with respect to such proposals.
2. Procedure. At such time as one or more of the local
governmental entities involved with the Project present a proposal
to the Board to implement an expansion as provided in Section XII
of this Agreement and /or a proposal to purchase and /or sell
Regional System capacity allocations as provided in Section XIII
of this Agreement the Regional Board shall:
(a) Discuss and evaluate the proposal presented
and explore the possibility of formulating an agreement between
all the local governmental entities involved with the Project to
achieve a mutually beneficial result for all such entities.
(b) Discuss and evaluate the conclusions and
opinions of the proposing entity or entities with regard to
negative impacts of the proposal and, if applicable, the plans of
such proposing entity or entities to remedy negative impacts.
(c) In the event of disagreement, offer comments 91
and suggestions with regard to terms and conditions to be
implemented as part of the proposal which will remedy negative
impacts.
(d) In the event of disagreement, require the
disagreeing entity or entities or the Board members representing
the same to provide appropriate documentation and /or data to
support its or their respective position concerning the
disagreement.
(e) Upon satisfactory determination of no negative
impacts or substantiated reasonable plans to remedy negative
impacts, approve the proposal presented.
J. Duties of Regional Board Regarding Establishment of
Surcharge Amount
Prior to the time any of the local governmental entities
involved with the Project commence obtaining services from the
Regional System, the Regional Board shall set the amount of the
surcharges to be invoked pursuant to Section VIII (F) hereof. Said
surcharge amount shall thereafter be set on a yearly basis at the
first meeting of each calendar year.
K. Other Duties of Regional Board
In addition to the other duties of the Regional Board as
set forth in this Agreement, the Regional Board shall advise the
County on the various aspects of operation and maintenance of the
Regional System.
L. Administration of Regional Board
The County shall provide for the administration of the
Regional Board, and in connection therewith:
1. Designates the Director or Head of the County
Department of Public Utilities as the coordinator of the Regional
Board. In such capacity, the Director shall coordinate meetings
of the Regional Board, provide such administrative staffing as may
be required therefor and to do such other acts, in keeping with
the purposes of the Regional Board, as the Board requests.
2. Shall provide the designated meeting place for the
Board.
3. Shall provide for such administrative personnel as
may be required by the Regional Board to carry out its functions.
M. Reports to the Regional Board
Reports regarding the operation of the Cape Fear Regional
Wastewater System shall be made in writing to each member of the
Board at the regular meetings. Such reports shall include
statements of revenues and expenditures, the operations status,
flow information and other pertinent data.
SECTION XV
General Provisions
A. Successors to the County or the District
In the event of any occurrence rendering the County
and /or the District incapable of performing under this Agreement,
any successor of the County and /or the District, whether the result
of legal process, assignment, or otherwise, shall succeed to the
rights of the County and /or District hereunder. The covenants and
agreements contained in this Agreement are binding on the parties
hereto and their successors, assigns and legal representatives.
9 2 B. Reaulatory Agencies
This Agreement is subject to such rules, regulations,
statutes and /or laws as may be applicable to such or similar
agreements in this State and the parties agree to collaborate when
necessary to obtain such permits, certifications, or the like, as
may be required to comply therewith.
C. Modification
The provisions of this Agreement may be modified or
altered by mutual agreement, EXCEPT with regard to Section XIV when
any modification or alteration thereto shall be agreed upon by all
governmental entities represented on said Regional Board.
PROVIDED, HOWEVER, that when applicable, prior to such modification
or alteration, approvals therefor will be obtained when necessary
from the appropriate Federal and /or State agencies. All
modifications or alterations shall be in writing, and presented to
all other entities prior to any entities' modifying their original
Agreements.
D. Modifications Resultina from a Chanae in Pro -iect.
Partici ants I
This Agreement has been entered into upon the assumption
that in addition to the County, the District and the Town of
Angier, that the Town of Lillington will participate in the
Project. In the event the Town of Lillington does not participate,
it is agreed that provisions herein referencing its participation
and provisions herein requiring modification as a result of its
nonparticipation shall be amended, modified or otherwise corrected.
E. Authority to Determine Certain Details
Whenever, in the course of performing the various terms
of this Agreement, it becomes necessary for the parties to make
determinations with respect to certain details not specifically
provided for herein, such as inspections, system testing or the
like, appropriate representatives of the parties may collaborate
and mutually agree upon such matters, without need for the
amendment or modification hereof.
F. Assignments
Unless specifically provided in this Agreement, it is
agreed that neither the County nor the District may assign,
transfer and /or convey their respective rights and /or obligations
hereunder without the express written consent of the other.
G. Local Government Commission
Where applicable, with respect to this Agreement and the
construction of the Project, the District and the county agree to
obtain the necessary approvals from the Local Government commission
as are required thereby.
H. Ordinances
The District covenants that prior to the commencement of
the transmission of wastewater into the Regional Interceptor
Pipeline, it will adopt an Ordinance regulating the use of its
sewerage collection systems. said Ordinance shall, among other
things, limit and /or prohibit (where appropriate) the discharge of
wastewater into the said sewerage collection systems where such
wastewater would, singly or by interaction with other wastewater,
cause harm or damage to, or interfere with the proper operation of
the Regional System, and /or, treatment process or cause adverse
effects upon the receiving waters from the Regional Treatment
Facility.
I. Notices
Any notice required to be given hereunder by the County
to the District shall be made by the County in writing and
delivered to the Buies Creek -Coats Water and Sewer District of
Harnett County at the following address:
Post Office Box 759
Lillington, North Carolina 27546
Any notice required to be given hereunder by the District to
the County shall be made by the District in writing and delivered
-to the County Manager, Harnett County, at the following address:
Post Office Box 759
Lillington, N. C. 27546
J. Authority
The County and the District represent and warrant, each
to the other, the existence of all capacity, authority, resolutions
and actions necessary to execute this Agreement.
7, IrTiM
This Agreement is executed in duplicate originals, one
of which is retained by each party hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be duly executed on the day and year written.
Executed by the Buies Creek -Coats Water and Sewer District of
Harnett County this 18th day of December, 1989.
Buies Creek -Coats Water and
SewerQ District of Harnett County
Y
L16YU QJ Stewart, Chairman,
Harnett County Board of
Commissioners, sitting as the
governing body of the Buies
Creek -Coats Water and Sewer
District of Harnett County
AT T:
W
Vanessa W. Young,/JClerW to the
Board and of the 4§uiea Creek -
Coats Water and Sewer District
of Harnett County
Executed by the County of Harnett, this 18th day of December,
1989.
ATTEST:
Vanessa W. Young, Jerk
of the Board
NORTH CAROLINA
HARNETT COUNTY
COOe
UNNTY OF H�7AJRNE /TTT
/1
BY
L1 yd . Stewart, Chairman
Harnett County Board of
Commissioners
ACKNOWLEDGMENT
I, a Notary Public of the County and State aforesaid, certify
that LLOYD G. STEWART, who, being by me duly sworn, says that he
is Chairman of the Board of Commissioners of Harnett County, and
that Vanessa W. Young is Clerk of said Board, that the seal affixed
to the foregoing and attested instrument is the seal of Harnett
County, North Carolina, and that said instrument was signed by him
as Chairman of the Board, who affixed the official seal of Harnett
County to said instrument; and that the said Lloyd G. Stewart,
Chairman of the Board of Commissioners, acknowledged said
instrument to be the act and deed of Harnett County, North
Carolina.
Witness my hand and notarial seal, this the 18th day of
December, 1989.
Kow �Cnw,w�d/lA
'1 ary Public �o�.m, ■,nw
My Commission Expires: 7 -22 -92 e'F7'
NOIARY
3 ax♦
*m y_ PUBLIC
IMI
® �I
DOCUMENT NO. 4
i
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH THE COUNTY OF.HARNETT REGARDING THE
CAPE FEAR REGIONAL WASTEWATER SYSTEM
WHEREAS, the Harnett .County .Board of Commissioners, sitting
as the governing body of the Buies Creek - Coats Water and Sewer
District of Harnett County, (hereinafter the "Board ") has reviewed
the Agreement between the Buies Creek - Coats Water and Sewer
District of Harnett County and the County of Harnett, a copy of
which is attached hereto as Exhibit "A "; and
WHEREAS, it is the desire of the Board that the Buies Creek -
Coats Water and Sewer District of Harnett County enter into said
Agreement as provided.
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners, sitting as the governing body of the Buies Creek -
Coats Water. and Sewer District of Harnett County, that:
1. The Buies Creek - Coats Water and Sewer
District of Harnett County shall and is hereby
authorized to enter into the Agreement between
said District and the County of Harnett, a
copy of which is attached hereto as .Exhibit
erA"
2. The appropriate officers of the District are
hereby directed to execute the originals of
said Agreement.
Duly adopted this 18th day of December, 1989 upon motion made
by Commissioner Hudson — , seconded by Commissioner Smith ,
and adopted by the following vote:
Ayes 4 1 Noes 0 Abstained 0 Absent 1
Buies Creek - Coats Water and Sewer
District of Harnett County
By: - l j .d
L yd G. Stewart, Chairman
Harnett .County Board of
Commissioners, sitting as the
governing body of the Buies
Creek - Coats Water and Sewer
District of Harnett County
Attest;
Vanessa W. Young, qyerk t
the Board and of the Buies Creek
Water and Sewer District of
Harnett County