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01221991 --, r-. / 'j HARNDTT COUNTY BOARD OF COMHISSIONERS REGULAR MEETING, JANUARY 22, 1991 The Harnett County Board of Commissioners met in regular session on Tuesday, January 22, 1991, in the County Office Building, Lillington, North Carolina, with the following members present: Mack Reid Hudson, Bill Shaw, Walt Titchener, Beatrice Bailey Hill, and Chairman Lloyd G. Stewart presiding. Others present were Dallas H. Pope, County Manager; W. Glenn Johnson, County Attorney; Vanessa W. Young, Finance Officer and Clerk to the Board; and Kay S. Blanchard, Recording Secretary. Chairman Stewart called the meeting to order at 7:00 p.m. Commissioner Hudson offered the invocation. Commissioner Hill moved for the approval of the minutes of the regular meeting January 7, 1991. Commissioner Shaw seconded the motion and it passed with a unanimous vote. RESOLUTIOj~S OF Dallas H. Pope, County Manager, presented for consideration APPRECIATION FOR resolutions of appreciation for former commissioners, Rudy Collins and RUDY COLLI~~S Q Mayo Smith. Commissioner Titchener moved for the adoption of both MA YO S!lITH resolutions. Commissioner Hill seconded the motion and it passed with a unanimous vote. The resolutions are copied in full at the end of these minutes as Attachments 1A. and lB. Chairman Stewart presented Mr. Rudy Collins' resolution of appreciation to him and Commissioner Bill Shaw presented a plaque which read "In honor and appreciation of his outstanding service and contributions to Harnett County as County Commissioner 1978 - 1990". Commissioner Mack Reid Hudson presented Mr. Collins with his nameplate that was used at the County Commissioners meetings. Chairman Stewart presented Mr. Mayo Smith's resolution of appreciation to him and Commissioner Bill Shaw presented a plaque which read "In honor and appreciation of his outstanding service and contributions to Harnett County as County Commissioner 1986 - 1990". Commissioner Mack Reid Hudson presented Mr. Smith with his nameplate that was used at the County Commissioners meetings. ZON ING CHANGE Chairman Stewart called to order a public hearing on application for APPLICATIONS zoning change for Wade Gilchrist, from RA-40 Zoning District to RA-30 WADE GILGIRISY Zoning District. George Jackson, Planning Director, presented the application and briefed the group that the purpose of the public hearing was to obtain comments from the public concerning the zoning change application. Chairman Stewart opened the meeting for public comments. No comments were offered and Chairman Stewart closed the public hearing. George Jackson, Planning Director, presented for the Board's consideration, application for zoning change for Wade Gilchrist, 44 acres located on SR 1257 in Upper Little River Township, from RA-40 Zoning District to RA-30 Zoning District. The Planning Board recommended approval of the zoning change application. Commissioner Shaw made a motion to approve the zoning change application for Wade Gilchrist. Commissioner Hill seconded the motion and it passed with a unanimous vote. EULA MASON & OTHERS Chairman Stewart called to order a public hearing on application for zoning change for Eula Mason & Others from RA-40 Zoning District to RA-20R Zoning District. George Jackson, Planning Director, presented the application and briefed the group that the purpose of the public hearing was to obtain comments from the public concerning the zoning change application. Chairman Stewart opened the meeting for public comments. No comments were offered and Chairman Stewart closed the public hearing. George Jackson, Planning Director, presented for the Board's consideration, application for zoning change for Eula Mason & Others, 400 acres located on Hwy. 27 in Upper Little River Township, from RA-40 Zoning District to RA-20R Zoning District. The Planning Board recommended approval of the zoning change application exempting the Conservation District from the rezoning. Commissioner Shaw made a motion to approve the zoning change application for Eula Mason & Others exempting the Conservation District from rezoning as recommended by the Planning Board. Commissioner Hudson seconded the motion and it passed with a unanimous vote. GORDON MASON Chairman Stewart called to order a public hearing on application for zoning change for Gordon Mason, from RA-20R Zoning District to RA-20M Zoning District. George Jackson, Planning Direetor, presented the application and briefed the group that the purpose of the public hearing was to obtain comments from the public concerning the zoning change application. Chairman Stewart opened the meeting for public comments. No comments were offered and Chairman Stewart closed the public hearing. ~._- 80 George Jackson, Planning Director, presented for the Board's consideration, application for zoning change for Gordon Mason, 165 acres located on SR 1121 in Anderson Creek Township, from RA-20R Zoning District to RA-20M zoning District. The Planning Board recommended approval of the zoning change application exempting the Conservation District from the rezoning. Commissioner Shaw made a motion to approve the zoning change application for Gordon Mason exempting the Conservation District from rezoning as recommended by the Planning Board. Commissioner Hill seconded the motion and it passed with a unanimous vote. Chairman Stewart called to order a public hearing on application for zoning change for Larry & Wanda Stewart, from RA-40 Zoning District to LARRY & WANDA RA-20R Zoning District. George Jackson, Planning Director, presented STEWART the application and briefed the group that the purpose of the public hearing was to obtain comments from the public concerning the zoning change application. Chairman Stewart opened the meeting for public comments. No comments were offered and Chairman Stewart closed the public hearing. George Jackson, Planning Director, presented for the Board's consideration, application for zoning change for Larry & Wanda Stewart, 170 acres located on SR 2045 in Anderson Creek Township, from RA-40 Zoning District to RA-20R zoning District. The Planning Board recommended approval of the zoning change application exempting the Conservation District from the rezoning. Commissioner Shaw made a motion to approve the zoning change application for Larry & Wanda Stewart exempting the Conservation District from rezoning as recommended by the Planning Board. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Chairman Stewart called to order a public hearing on application for zoning change for John Werbelow, from RA-40 Zoning District to RA-30 JOHN WERBELOW Zoning District. George Jackson, Planning Director, presented the application and briefed the group that the purpose of the public hearing was to obtain comments from the public concerning the zoning change application. Chairman Stewart opened the meeting for public comments. Comments were received from the following citizen: 1. John Werbelow, Rt. 2, Lillington for There being no further comments, Chairman Stewart closed the public hearing. George Jackson, Planning Director, presented for the Board's consideration, application for zoning change for John Werbelow, 1 acre located on Hwy. 27 in Upper Little River Township, from RA-40 Zoning District to RA-30 Zoning District. Commissioner Hudson made a motion to approve the zoning change application for John Werbelow. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Chairman Stewart called to order a public hearing on roadnaming change ROADNAMING CHANGES application for Lemuel Black, SR 1125 in Anderson Creek Township, current name Senter Road, requested name: Lemuel Black Road. George LEMUEL BLACK Jackson, Planning Director, presented the application and briefed the group that the purpose of the public hearing was to obtain comments from the public concerning the roadnaming change application. Chairman Stewart opened the meeting for public comments. No comments were offered and Chairman Stewart closed the public hearing. George Jackson, Planning Director, presented for the Board's consideration application for roadnaming change for Lemuel Black, current name: Senter Road, requested name: Lemuel Black Road. The Planning Board recommended approval of the application. Commissioner Shaw made a motion to approve the roadnaming change application. Commissioner Hill seconded the motion and it passed with a unanimous vote. Chairman Stewart called to order a public hearing on roadnaming change application for Doug Robertson, SR 1178 in Barbecue Township, DOUG ROBERTSON current name: Osborne Road, requested name: Vic Keith Road. George Jackson, Planning Director, presented the application and briefed the group that the purpose of the public hearing was to obtain comments from the public concerning the roadnaming change application. Chairman Stewart opened the meeting for public comments. The following citizen provided comments: 1. James Osborne, Spring Lake for There being no further comments, Chairman Stewart closed the public hearing. --------- - -- ---- 8 1 George Jackson, Planning Director, presented for the Board's consideration application for roadnaming change for Doug Robertson, current name: Osborne Road, requested name: Vic Keith Road. The Planning Board recommended approval of the application. Commissioner Hill made a motion to approve the roadnaming change application. Commissioner Shaw seconded the motion and it passed with a unanimous vote. EUNICE MCNEILL WEBB Chairman Stewart called to order a public hearing on roadnaming change application for Eunice McNeill Webb, SR 2072 in Stewart's Creek Township, current name: Hobbs Road, requested name: McNeill-Hobbs Road. George Jackson, Planning Director, presented the application and briefed the group that the purpose of the public hearing was to obtain comments from the public concerning the roadnaming change application. Chairman Stewart opened the meeting for public comments. Comments were provided by the following citizens: 1. Rodney Hobbs, Rt. 1, Bunnlevel against 2. Eunice McNeill Webb, Rt. 1, Bunnlevel for There being no further comments, Chairman Stewart closed the public hearing. George Jackson, Planning Director, presented for the Board's consideration application for roadnaming change for Eunice McNeill Webb, current name: Hobbs Road, requested name: McNeill-Hobbs Road. The Planning Board recommended approval of the application. Commissioner Hill made a motion to approve the roadnaming change application. Commissioner Shaw seconded the motion and it passed with a unanimous vote. SUBDIVISION PLAT George Jackson, Planning Director, presented for the Board's consideration a subdivision plat for Carolina Seasons, Section 1, CAROLINA SEASONS, (formerly Ponderosa), owned by Vance Groce, 38 lots located on SR 1201 in Johnsonville Township, RA-20R Zoning District. Commissioner Shaw SECTION I made a motion to approve the subdivision plat. Commissioner Hill seconded the motion and it passed with a unanimous vote. ADDITION OF BEl\'TON Commissioner Hudson moved for the adoption of a resolution concerning FLAG'; DRIVi: TO addition of Benton Place Drive to the State's Secondary Road System STATE ROAD SYST2H for maintenance. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 2. PETITION RE: PAVIlJG Ms. Barbara Currin presented a petition and letters to the Board SR 2052 concerning paving of SR 2052. The Board advised Ms. currin that the request would be forwarded to the state Department of Transportation for assistance in seeing that SR 2052 receives maximum consideration for paving as it relates to the State's priority system and reevaluation process for prioritizing Harnett County state roads. SOL KOZHA ADDRESSE:J Mr. Sol Kozma briefed the Board on County taxes as it relates to BOARD services provided by various County functions. FRANK MOODY ADDRESS=D Mr. Frank Moody briefed the Board concerning recycling as it relates BOARD to the Harnett County Solid Waste Program. Chairman Stewart advised that he and Commissioner Hill would meet with Jack Bryan, Social Services Director to evaluate new position requirements for the Social Services Department on January 28, 1991, and that proposed new positions would be considered by the Board at the February 4, 1991, Board meeting. WELSH SPORTIlJG Tom Meece, Industrial Development Director, briefed the Board on Community Development Block Grant Program Policies involving Welsh GOODS PROJECT Sporting Goods project and presented the following documents associated with the project which were considered by the Board: I 1. Resolution concerning Conflict of Interest - Commissioner Shaw moved for the adoption of the resolution. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 3A. 2. Resolution concerning Citizens Complaint Procedure - Commissioner Hudson moved for the adoption of the resolution. Commissioner Hill seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 3B.' 3. Resolution designating a Labor Standards Officer - Commissioner Hill moved for the adoption of the resolution. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 3C. 82 4. Program Code of Conduct Policy - Commissioner Shaw moved for the adoption of the Program Code of Conduct Policy. Commissioner Hill seconded the motion and it passed with a unanimous vote. The Policy is copied in full at the end of these minutes as Attachment 3D. 5. Plan for Employment Opportunities for Businesses and Lower Income Persons - Commissioner Hill moved for the adoption of the Plan. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The Plan is copied in full at the end of these minutes as Attachment 3E. 6. Policy concerning Minority and Women-Owned Businesses - Commissioner Shaw moved for the adoption of the Policy. Commissioner Hill seconded the motion and it passed with a unanimous vote. The Policy is copied in full at the end of these minutes as Attachment 3F. BONELESS HAMS, INC. Tom Meece, Industrial Development Director, presented for the Board's PROJECT consideration a resolution concerning Boneless Hams, Inc. Commissioner Titchener moved that the Board table the matter. The motion received no second. Commissioner Shaw moved for the adoption of the resolution. Commissioner Hill seconded the motion and it passed with the following vote: Ayes: 4 Noes: 1 Absent: O. The resolution is copied in full at the end of these minutes as Attachment 4. Tom Meece, Industrial Development Director, presented for the Board's WELSH SPORTING GOODS consideration an Industrial Building Renovation Fund Grant Project PROJECT Budget Ordinance involving Welsh Sporting Goods in the amount of $105,000.00. Commissioner Hudson moved for the approval of the Budget Ordinance. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The project budget ordinance is copied in full at the end of these minutes as Attachment 5. Tom Meece, Industrial Development Director, presented for the Board's consideration an Amended Project Budget Ordinance - Harnett County 1991 Community Development Block Grant for Economic Development, Grant Number 90-C-8066 involving Welsh Sporting Goods CDBG Project in the amount of $373,707.00. Commissioner Hudson moved for the approval of the Budget Ordinance. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The project budget ordinance is copied in full at the end of these minutes as Attachment 6. Jerry Blanchard, Solid Waste Director, presented for the Board's SOLID WASTE CONTRACT consideration a Solid Waste Contract Agreement between Harnett County WITH LESTER PHILLIPS, and Lester Phillips, Inc. for providing Solid Waste Services. INC. Commissioner Shaw moved for the approval of the contract agreement. Commissioner Hudson seconded the motion and it passed with a unanimous vote. SOUTHWEST WATER & Chairman Stewart called to order a meeting of the Southwest Water and SEWER DISTRICT MEETING Sewer District. John M. Phelps, II, Public Utilities Attorney, presented for the Board's consideration a Resolution Authorizing Sale of Bond Anticipation ~otes of the District. Commissioner Shaw moved for the adoption of the resolution. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 7. John M. Phelps, II, Public Utilities Attorney, presented for the Board's consideration a Resolution Authorizing Purchase of Tank Site. Commissioner Shaw moved for the adoption of the resolution. Commissioner Hill seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 8. ADJOURNED SOUTHWEST There being no further business, Chairman Stewart adjourned the MEETING meeting of the Harnett County Board of Commissioners sitting as the governing body of Southwest Water and Sewer District. I John M. Phelps, II, Public utilities Attorney, presented for the SALE OF WATER TO Board's consideration a Resolution Concerning Agreement Relating to TOWN OF LINDEN the Sale of Water to the Town of Linden (County of Harnett). Commissioner Shaw moved for the adoption of the resolution. Commissioner Hill seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 9. John M. Phelps, II, Public Utilities Attorney, presented for the Board's consideration a Resolution Authorizing Execution of Contracting Agency Agreement with the Town of Linden. Commissioner Shaw moved for the adoption of the resolution. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 10. ---- ~ --- -- -- --- 83 SOUTH CENTRAL WATER Chairman Stewart called to order a meeting of the South Central Water & SEWER DISTRICT an Sewer District. HE:::TING John M. Phelps, II, Public Utilities Attorney, presented for the Board's consideration a Resolution Concerning Agreement Relating to the Sale of Water to the Town of Linden (South Central Water and Sewer District of Harnett County). Commissioner Hudson moved for the adoption of the resolution. Commissioner Hill seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 11. ADJOURNEJ SOUTH There being no further business, Chairman Stewart adjourned the meeting of the Harnett County Board of Commissioners sitting as the CENTRAL l',IEETniG governing body of South Central Water and Sewer District. Reports for the month of December were filed with the Board from the following departments: Planning, Health Department, Fire Marshal, and Industrial Development. BUDGET M-IENDMEI~TS Dallas H. Pope, County Manager, requested the following budget amendment for the Sheriff's Department: Code 10-5100-017 Maintenance & Repair-Auto 6,000. increase Revenue: 10-3990-000 Fund Balance Appropriated 6,000. increase Commissioner Shaw moved for approval of the budget amendment. Commissioner Hill seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Youth Services: Code 10-7730-014 Travel & Meetings 2,200. decrease 10-7730-033 Materials & Supplies 1,440. decrease 10-7730-056 One-on-One 3,640. increase Commissioner Hudson moved for the approval of the budget amendment. Commissioner Hill seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Education: Code 10-8600-1100 State ADM Capital Outlay 2,700,000. increase 10-8600-1110 State ADM Local Match 900,000. increase 10-8600-1060 Board of Education-Sales Tax 900,000. decrease F.:evenue: 10-3480-0790 State ADM 2,700,000. increase Commissioner Titchener moved for the approval of the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Sanitation Landfill: Code 10-6600-002 Salaries & Wages 9,000. decrease 10-6600-003 Salaries & Wages, part-time 9,000. increase Commissioner Hudson moved for the approval of the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Public Buildings: Code 10-5000-015 Maintenance & Repair-Bldgs. 8,900. increase Revenue: 10-3990-000 Fund Balance Appropriated 8,900. increase Commissioner Titchener moved for approval of the budget amendment. Commissioner Hill seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Public Utilities (SCADA) : Code 60-9017-010 Acquisition/Installation 8,307. increase 60-9017-080 Contingency 8,307. decrease Commissioner Shaw moved for approval of the budget amendment. Commissioner Hill seconded the motion and it passed with a unanimous vote. Jack Bryan, Social Services Director, requested the following budget amendment for Social Services: Code 10-7700-021 Building & Equipment Rent 4,200. increase Revenue: 10-3990-000 Fund Balance Appropriated 4,200. increase Commissioner Shaw moved for the approval of the budget amendment. Commissioner Hill seconded the motion and it passed with a unanimous vote. Jack Bryan, Social Services Director, requested the following budget amendment for Public Assistance: Code 10-7710-019 Food Stamp EmploYment Trng. 2,000. increase 10-7710-065 A.F.D.C.-F.C. 34,000. increase Revenue: 10-3990-000 Fund Balance Appropriated 36,000. increase Commissioner Hill moved for the approval of the budget amendment. Commissioner Hudson seconded the motion and it passed with a unanimous vote. EXECUTIVE SESSION Commissioner Hudson made a motion that the Board go into executive session. Commissioner Hill seconded the motion and it passed with a unanimous vote. - - -'4 t5 Commissioner Titchener made a motion that the Board come out of executive session. Commissioner Hill seconded the motion and it passed with a unanimous vote. CAPE FEAR REGIONAL John M. Phelps, II, Public Utilities Attorney, presented for the WASTEWA TER SYSTEM Board's consideration a Resolution Selecting Appraisers for Cape Fear PROJECT Regional Wastewater System Project. Commissioner Hudson moved for the adoption of the resolution. Commissioner Hill seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 12. SHERIFF'S DEPT. Commissioner Hill moved that the following positions in the Sheriff's POSITIONS RECLASSI- Department be reclassified as listed below: FlED current chanqe to Sergeant/Liaison (69E) Lieutenant/Patrol (71A) Sergeant/Training Officer (69B) Sergeant/Patrol (69A) Liaison Officer (64A) Deputy II, DARE (66A) Commissioner Shaw seconded the motion and it passed with a unanimous vote. SUPPORT FOR CITY OF Commissioner Titchener made a motion that the Board support the City of Dunn in the ongoing Thermetics court case which the City of Dunn is DUNN IN THEJli.1ETICS currently involved and to instruct the County Manager to obtain CASE information concerning the case and any requested support from the City of Dunn to be presented at the February 4, 1991, Board meeting. Commissioner Hudson seconded the motion and it passed with a unanimous vote. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners Meeting, January 22, 1991, duly adjourned at 12:20 a.m. . J /?7I/~---;r-.. . Stewart, Chairman ' ~o~ ;~~~~J Board liCU] /, /l~/c.A~d Kay S: Blanchard, Recording Secretary- -. -- 85 ATTACHMENT 1A. HARNETT COUNTY NORTH CAROLINA RESOLUTION WHEREAS, Rudy Collins was elected in 1978 to the Harnett County Board of Commissioners, serving from 1978 to 1990; which involves twelve years of distinguished service as County Commissioner; and WHEREAS, Rudy Collins has served on numerous committees and boards during his tenure involving functional activities associated with county utilities, law enforcement, parks and recreation, solid waste, economic and industrial development, and planning, and has been appointed to many others which he always worked toward the goal of improved and better service for all Harnett County citizens; and WHEREAS, Rudy Collins' professional and excellent leadership in the field of local government has won him recognition as an outstanding County Commissioner; and WHEREAS, his outstanding professional abilities, his deep concern for good government, and his strong commitment to provide better service to all the people of Harnett County has exalted him to a position of honor, respect, and esteem by his colleagues and all who know him; and WHEREAS, being an imaginative and innovative administrator, he has provided leadership in the development of Harnett County during his twelve-year tenure as County Commissioner. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that Rudy Collins is hereby commended on behalf of all the citizens of Harnett County for his service and contributions to the growth and development of Harnett County. The Board does hereby express its appreciation for his outstanding leadership, integrity, honesty, and hard work that serves as an example to all who have known him. The Board is honored to take this opportunity to recognize one of its finest and most valuable citizens. Tha t a copy of this resolution be presented to Rudy Collins, a copy to the media, and a copy spread upon the minutes of this Board. Duly adopted this 22nd day of January, 1991- HARNETT COUNTY BOARD OF COMMISSIONERS AL I /J. ..-- ~~ ATTEST: -, .' .~c '1 \.~, .....J .,,,~_("'- "~oj I ,fA I /1.'~ .", - . Vanessa W. Young, Clerk to the Board v '.' 86 ATTACHMENT lB. HARNETT COUNTY NORTH CAROLINA RESOLUTION WHEREAS, Mayo Smith was elected in 1986 to the Harnett County Board of Commissioners, serving from 1986 to 1990, which involved four years of distinguished service as County Commissioner; and WHEREAS, Mayo Smith, being an imaginative and innovative administrator, has provided leadership in the development of many Harnett County service activities including emergency medical services, human resources, public education, public utilities. solid waste, economic and industrial development. law enforcement, and was appointed to many other boards and committees; and WHEREAS, his outstanding professional abilities, his deep concern for good government, and his strong commitment to provide better service to all the people of Harnett County has exalted him to a position of honor, respect, and esteem by his colleagues and all who know him; and . WHEREAS, through his services as an exceptional administrator, he has provided leadership in the development of Harnett County during his four-year tenure as County Commissioner; and WHEREAS. his professional and excellent leadership in the field of local government has won him recognition as an outstanding County Commissioner. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that Mayo Smith is hereby commended on behalf of all the citizens of Harnett County for his service and contributions to the growth and development of Harnett County. The Board does hereby express its appreciation for his outstanding leadership, integrity, honesty, and hard work that serves as an example to all who have known him. The Board is honored to take this opportunity to recognize one of its finest and most valuable citizens. That a copy of this resolution be presented to Mayo Smith, a copy to the media, and a copy spread upon the minutes of this Board. Duly adopted this 22nd day of January, 1991- HARNETT COUNTY BOARD OF COMMISSIONERS ~-t1) //~;lLV--cuj L1~d G. Stewart. Chairman ATTEST: ./ '-, \.j ,.J\.''Vv( ....d.?__ ,. ;c i_, ~v- c.,.. Vanessa W. Young, Clerk to~the Board '/ --- - (~ -, 01 " A TT ACHMENT 2. HARNETT COUNTY NORTH CAROLINA RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners do hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State's Secondary Road System for maintenance, the below listed street: Benton Place Subdivision Benton Place Drive SR 1774 Extension - 0.3 miles Duly adopted this 22nd day of January, 1991. HARNETT COUNTY BOARD OF COMMISSIONERS ~&5Z:21d- ATTEST: ---. vj~ 'tJ . 'i~,.~( Vanessa W. Young, C ark A TT ACfIMENT 3A. A RESOLUTION PROVIDING FOR COMPLIANCE WITH APPLICABLE FEDERAL AND STATE REGULATIONS CONCERNING CONFLICT OF INTEREST HARNETT COUNTY CDBG-ED PROGRAM WELSH SPORTING GOODS CORP. WHEREAS, the County of Harnett (County) has received a Community Development Block Grant for the purpose of providing assistance to Welsh Sporting Goods Corp.; and WHEREAS, certain state and federal regulations concerning CONFLICT OF INTEREST are applicable to the program; and WHEREAS, the County is to have in place a written policy concerning CONFLICT OF INTEREST; NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners that the following shall be held true for the above program I 1. The County hereby adopts the language of Section 570.611 "Conflict of Interest" from 24 CrR Ch. 4 as its policy concerning federal funds used wholly or in part through ttie CDBG Project. 2.The County will require that a "Conflict of Interest" clause be included in all contracts executed under this program. This resolution adopted this J... .;2.... day ot~~~~ 1991. v t/ril }J~' - ~-fr an ,-I ~ , .- ;' ! " {(/..u,...u-~ I lA-A--v<. . , j . ~) Attest i j 88 .' ATTACHMENT 3B. A RESOLUTION ADOPTING A CITIZEN'S COMPLAINT PROCEDURE COUNTY OF HARNETT CDBG-ED PROGRAM WELSH SPORTING GOODS WHEREAS, the County has received a Community Development Block grant for Economic Development from the North Carolina Department of Economic and Community Development: and WHEREAS, in accordnace with section .1002 of the North Carolina Block Grant Regulations the County is required to have in place a procedure to process citizen complaints: NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS that the following procedure shall be used to process all citizens complaints: citizens may make comments or complaints at any time during the course of program planning, implementation and closeout. Such comments or complaints must be made in written form addressed to , the designated office responsible for planning and administration I of the grant program. The county will respond in writing to all written comments or complaints within ten (10) calendar days of recorded receipt of the written comment or complaint. The Program Administrator together with the office head responsible for oversight of administration will review and respond initially. If the citizen is not satisfied with that response, he/she may submit an answer to the written response and it shall be received and reviewed by the CDBG Committee. Written response to this comment or complaint must also be made within ten (10) calendar days of recorded receipt. If not satisfied with any local response, the citizen may write to the Program Representative, North Carolina Department of Economic and community Development, Division of Community Assistance, Suite 250, 1307 Glenwood Avenue, Raleigh, NC 27605. The Program Representative will respond only to written comments or complaints within ten (10) calendars of its receipt. Decisions reached by the Division shall be considered final. This resolution adopted this the .;{ 2- day ofC.it'\1AAA.o\1 ' .1-'"7 199.0. Aft~-;L~:: ./ - Attest U .~ ATTACHMENT 3C. A RESOLUTION AUTHORIZING THE APPOINTMENT OF A LABOR STANDARDS OFFICER HARNETT COUNTY CDBG-ED PROGRAM WELSH SPORTING GOODS CORP. WHEREAS, the County of Harnett (County) has received a Community Development Block Grant for the purpose of providing assistance to Welsh Sporting Goods Corp.; and WHEREAS, the County will undertake the installation of certain public facilities or bUildings as designated in the approved application; and WHEREAS, such construction is covered by the Federal Labor I Standards provisions and must be monitored; NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners that the Program's Administrator is hereby designated as the Labor Standards Officer and is thereby responsible for maintaining records showing compliance with applicable Federal Labor Standards Provisions. .J..:J...- r- This resolution adopted this day O~jl&u 1991. I I // . " 7lt1)J/d~~ "'Ch;1.r#tan . i' v'l \ I , ',';'t.-v ~../ i ./. .../ &.(vV~) Attest -- - I / ------ - - - 89 '. ATTACHMENT 3D. CODE OF CONDUCT HARNETT COUNTY COMMUNITY DEVELOPMENT PROGRAM CDBG-ED PROGRAM WELSH SPORTING GOODS No employee, officer or agent of the COUNTY shall participate in the selection, or in the award of administrative purchases or conflicts if a conflict of interest, real or apparent, would be involved. Such conflict would arise when: a. the employee, officer or agent: b. any member of his/her immediate family: c. his or her partner or d. an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The COUNTY'S officers, employees or agents shall neither ; solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to sub agreements. Acceptance of gifts, other than items of nominal value such as advertising novelties, is prohibited. Officials shall not become obligated to any vendor and must not conclude any COUNTY transaction from which they may personally benefit. violators of the above standards will be subject to disciplinary action up to and including dismissal and/or prosecution to the extent permitted by state and local regulations. This policy adopted this the J.J.... day o~~~?} 19<]L. c-fl_ ~ -I 1/ Ch{~~~ AI IrLLlA~ I . "1'/ "--I / ) ;'1, t'l ~('-_ U v. '1., LGi./v- c., Attest ~ ,- ATTACHMENT 3E. SECTION 3 PLAN FOR EMPLOYMENT OPPORTUNITIES FOR BUSINESSES AND LOWER INCOME PERSONS HARNETT COUNTY CDBG-ED PROGRAM WELSH SPORTING GOODS CORP. To insure that to the greatest extent possible contracts for work are awarded to business concerns located in or owned in substantial part by persons residing in the Section 3 covered area, as required by Section 3 of the Housing and Urban Development Act of 1968, the County of Harnett (County) has developed and hereby adopts the following Plana 1. This Section 3 Plan shall apply to goods and services needed in connection with the grant including, but not limited to, businesses in the fields of planning, consulting, design, building construction/renovation, maintenance and repair, etc.; ; 2. This Section 3 covered project area for the purpose of this grant shall include Harnett County and portions of immediately adjacent counties; 3. When in need of a good or service, the County will identify suppliers, contractors or subcontractors located in the Section 3 area. Resources for this identification shall include the Minoritv Business Directorv as published through the State Department of Commerce and other information as may be available from the Small Business Administration. Word of mouth recommendations shall also be used; 4. The County will include the Section 3 clause in all contracts executed under this CDBG program. Where deemed necessary, listings from any agency noted above may be included as a source of reference; 5. The prime contractor selected for major pUblic facility or building construction work will be required to submit a Section 3 Plan which will outline his/her work needs in connection with this project. Should a need exist for additional hiring, the Harnett County Employment Security Commission shall be notified and referred to the Contractor. This Plan adopted this ~J- ~ o~ 1991. ~" . ~ jlA / .-,1 Ii v t I I ----/ , .s-z..A./// / /VL'~ v~~ 1/-1 ,~.f,utrv-~ C ai/man . ;/ Attest J 90 .. ATTACHMENT 3F. POLICY FOR CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS HARNETT COUNTY 1990 CDBG-ED PROGRAM ECD GRANT NO. 90-C-8066 It shall be the policy of Harnett county (County), in conducting its 1990 CDBG program, to take all affirmative actions as possible to assure that minority firms, women's business enterprise and labor surplus area firms are used when possible. To achieve this, the county will: 1. Include on all mailing lists for goods and services disadvantaged firms located within a reasonable area of the work to be performed. 2. When advertising for goods or services, place an advertisement on a paper with general circulation in the area and include a specific reference to requesting that disadvantaged firms apply for the work. 3. When developing lists for solicitations, utilize the Small Business Administration or the Minority Business Development Agency in the Department of commerce as a source. 4. Make available plans and specifications at locations such that disadvantaged firms may have reasonable opportunity to review same during the hours specified for review. 5. Require the prime contractor on public facility work to include these policy requirements in all subcontracts. 6. Retain on file documentation on all efforts made in regard to this policy and assure that such information will be made available for the purpose of determining whether the County has met these policy goals in connection with this grant. '" This policy adopted this the fJJ-. day o~ ' 19 Cf.L. ,.- I 1L-r AJ /iL:JJ - G~tA.. "1-.{J. '-" ' c 4.uv"V-\' a1~a Attest 0 vi ATTACHMENT 4. RESOLUTION By the Harnett County Board of Commissioners TO SEEK NORTH CAROLINA INDUSTRIAL BUILDING RENOVATION FUND MONIES TO PAY FOR RENOVATIONS TO THE BONELESS HAMS, INC. MANUFACTURING PLANT WHEREAS, the North Carolina General Assembly, in its 1987 Session established an Industrial Building Renovation and Improvement Fund, and; , , WHEREAS, Harnett County is iden~ified by the North Carolina Department of Economic and Community Development as an economically distressed county, and, WHEREAS, Harnett County qualifies as an economically dis~ressed county for the application to the North Carolina , Department of Economic and Community Development for an , Industrial Building Renovation and Improvement Fund Loan and, , WHEREAS, Boneless Hams, Inc. has requested assistance in making improvements to their exis~ing manufacturing facility. !I NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners ~hatl 1. There is an economic need to assist Boneless Hams, Inc. in improving their manufacturing facility; 2. The loan for the improvement and renovation to the facility will expand the economic and employment opportunities tor the residents of Harnett County, 3. The Harnett County Board of Commissioners authorizes the Chairman of the Board of Commissioners to execute all required documents in connection with an application by Harnett County for monies available from the North Carolina Department of Economic and Community Development Industrial Building Renovation and Improvement Fund. ADOPTED this 22nd day of January, 1991. BY"~/; AtL~ Lloy G.JStewart, Chairman Harnett County Board of Commissioners ATTEST. i !' ,. '. !. I '--- / t1. . 1,:,---, ,,__...>/ '--(. v )0...(. ,., ~ Vanessa W. Young, . -- ----- -- -- - -..--- 91 " - APPLICATION Under Chapter 143 B - 437 A, North Carolina General Statues NORTH CAROLINA INDUSTRIAL BUILDING RENOVATION FUND to the North Carolina Department of Economic & Community Development Applicant Boneless Hams, Inc. Date of application Januarv 24. 1991 Signalun!, Mayor or Chairman, ~.J. A1 ~ Board of Commissioners, t ,-. PRIVATE PARTICIPATION PARTIES: Operator (or firm) Boneless Hams. Inc. Contractor (bldg. renovation) Owner of building Jobs to be created 44 Received Accepted as complete Processing # ... PLEASE NOTE: A firm that incurs project expenditures before an application receives written approval by the Secretary, Department of Economic and Community Development, does so at its own risk. ATTACHMENT 5. HARNETT COUNTY INDUSTRIAL BUILDING RENOVATION FUND GRANT PROJECT BUDGET ORDINANCE Be it ordained by the Harnett County Board of Commissioners, pursuant to North Carolina G.S. 159-8 and 159- 13.2, the following grant project ordinance is hereby adopted. Section 1. The project authorized includes a grant from the Department of Economic and Community Development to extend water and sewer lines to Welsh Sporting Goods. - Section h The officers of this unit are hereby directed to , proceed with the grant project within the terms of the grant documents, the rules and regulations of the Department of Economic and Community Development and the budget contained herein. Section h The following revenues are anticipated to be available to complete the project. Industrial Building Renovation Fund Grant 60,000.00 General Fund 45.000.00 Total $105,000.00 Section h The following line items are created for this project and appropriations. Construction $ 83,200.00 Tech Fees 7,500.00 Legal! Adm 5,000.00 Contingencies 8.300.00 Total $105,000.00 Section 6. The finance officer is hereby directed to maintain-Within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the grantor agency required by the grant agreement and federal, state and local regulations. -- 92 " Section L.. Funds may be advanced from the General Fund for the purpose of making payments as due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. This ordinance is adopted this 22nd day of January, 1991. BY'L~ ~~-- Lloyd ~. 1tewart, Chairman Harnett County Board of Commissioners Attest. ;- ~U~ '1 J--(/, ''''15 Vanessa W. Young " Clerk to the Board U ATTACHMENT 6. AMENDED PROJECT BUDGET ORDINANCE HARNETT COUNTY 1991 COMMUNITY DEVELOPMENT BLOCK GRANT FOR ECONOMIC DEVELOPMENT GRANT NUMBER 90-C-8066 BE IT ORDAINED by the Board of Commissioners of Harnett County, pursuant to North Carolina G.S. 159-8 and 159-13.2, the following grant project ordinance is hereby adopted: Section 1. The project authorized is a Community Development Block Grant (CDBG) for Economic Development project , I as described in the work statement contained in the Grant Agreement between this unit and the North Carolina Department of Economic and Community Development. This project is more familiarly known as the Welsh Sporting Goods, Corp. project. Section 2. The officers of this unit are hereby directed to proceed with the grant project within the terms of the grant documents, the rules and regulations of the North Carolina Department of Economic and Community Development and the budget contained herein. Section 3, The following revenues and those contained in the project ordinance for the CDBG funded portion of the project are anticipated to be available to complete the project: Community Development Block Grant S 355,207. Program Income 18.500. TOTAL S 373,707. Section 4. The following line items are created for this project and appropriations: Acquisition S 29,640. BUilding Construction 295,000. MaChinery and Equipment 10,000. Working Capital 10,567. Administrative 28.500. TOTAL S 373,707. Section 5. The Finance Officer is hereby directed to maintain within the Grant Project Fund sufficient specific , detailed accounting records to provide the accounting to the I grantor agency required by the grant agreement and federal, state and local regulations. - -- - - - - 93 , Section 6. Funds may be advanced from the General Fund for the purpose of making payments as due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7. The Finance Officer is directed to report monthly on the financial status of each project element and on the total grant revenues received or claimed. Section 8. The Budget Officer is directed to include a detailed analysis of past and future costs and revenues on this grant project in every budget submission to the Board of Commissioners. Section 9. Copies of this grant ordinance shall be made available to the Budget Officer and the Finance Officer for direction in carrying out this project. Duly adopted this 22nd day of January, 1991. ?fit AI At'~~ " L'io d j. Stewart, Harne~t County Board of Commissioners ~.~ '1 J .'tJ OLv>-j Vanessa W. Young, ~erk Harnett County Boa of Commissioners ATTACHMENT 7. * * * * * Commissioner Shaw presented the following resolution , I and moved that it be adopted: WHEREAS, the bond order hereinafter described has taken effect and the Board of Commissioners of the County of Harnett, sitting as the governing body of Southwest Water and Sewer District of Harnett County, North Carolina, desires to borrow money for the purpose for which bonds are authorized to be issued by said bond order in anticipation of the receipt of the proceeds of the sale of said bonds, as hereinafter provided; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett, sitting as the governing body of Southwest Water and Sewer District of Harnett County, North Carolina (the "Issuer"), as follows: (1) The sum of $2,619,000 will be borrowed by the Issuer in anticipation of the receipt of the proceeds of the sale of bonds authorized to be issued by the water bond order adopted by the Board of Commissioners of the County of Harnett, sitting as the governing body of the Issuer, on March 6, 1989 for the purpose for which said bonds are authorized to be issued. Negotiable notes, each designated "Water Bond Anticipation Note" (hereinafter referred to as the "Notes"), shall be issued for said sum so borrowed. 94 (2) The Notes shall be dated February 12, 1991, shall be payable November 6, 1991 and shall bear interest from their date at a rate which shall not exceed twelve per centum (12%) per annum. Such interest shall be payable at the maturity of the Notes. Each of the Notes shall be signed by the Chairman of the governing body of the Issuer and the Clerk of the Issuer and the seal of the Issuer shall be affixed to each of the Notes. (3) The power to fix the rate of interest to be borne by the Notes and to determine the denomination or denominations of the Notes and the place of payment of the Notes is hereby delegated to the Chairman of the governing body of the Issuer and the Clerk of the Issuer who are hereby authorized and directed to cause the Notes to be prepared and to execute the Notes when they shall have been sold by the Local Government commission of North Carolina. (4) The Chairman of the governing body of the Issuer and the Clerk of the Issuer are hereby authorized to make application to the Local Government Commission of North Carolina for its approval of the Notes in the manner prescribed by The Local Government Finance Act. Said Local Government Commission is hereby requested to sell the Notes in the manner prescribed by said Act. The Notes, when they shall have been sold by said Commission in the manner provided by law and when they shall have been executed in the manner prescribed by this resolution, shall be turned over to the State Treasurer of the state of North Carolina for delivery to the purchasers to whom they may be sold by said commission. (5) The Issuer covenants to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), to the extent required to preserve the exclusion from gross income of interest on the Notes for Federal income tax purposes. (6) The Issuer hereby represents that (i) the Notes are not private activity bonds as defined in the Code and (ii) the Issuer, together with any subordinate entities of the Issuer and any entities which issue obligations on behalf of the Issuer, reasonably expects that it will not issue more than $10,000,000 of tax-exempt obligations (other than private activity bonds which are not qualified 501(c) (3) bonds) during the current 95 . calendar year. In addition, the Issuer hereby designates the Notes as "qualified tax-exempt obligations" for the purposes of section 265(b) (3) of the Code. 7. The power to make any election on behalf of the Issuer with respect to the arbitrage rebate provisions of the Code applicable to the Notes is hereby delegated to the Chairman of the governing body of the Issuer. The motion having been duly seconded and the resolution having been considered, it was adopted by the following vote: AYES: 5 NAYS: 0 ATTACHMENT 8. Resolution Authorizing Purchase of Tank Site (Southwest Water and Sewer District of Harnett County) THAT WHEREAS, as part of its Phase I Water Distribution Facilities Project, the Southwest Water and Sewer District of Harnett County is in need of a parcel of real property upon which it may erect and construct a 400,000 gallon water storage tank; and WHEREAS, the Board of Commissioners of Harnett County, sitting as the governing body of the Southwest Water and Sewer District of Harnett County, has previously approved a site for the construction of said water storage tank, the same being located at the intersection of N.C. Highway 24/27 and NCSR 1001, and more particularly described on Exhibit A attached hereto; and WHEREAS, said site, which is currently owned by Thomas Harrington Morrison and wife, Dorothy O'Quinn Morrison, has been found to be of a sufficient size to accommodate a water storage tank and is physically located at a point which is hydraulically suitable for such use; and WHEREAS, the said District will soon be in a position where construction may commence on said property and the District understands that the current owners of the described real property are willing to sell the same to the District for the sum of $5,000.00; and WHEREAS, it is the desire of the Board of Commissioners of Harnett County, sitting as the governing body of the District to authorize the purchase of the described tank site. -) /. 70 NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett, sitting as the governing body of the Southwest Water and Sewer District of Harnett County that: 1. The District is hereby authorized to purchase I from Thomas Harrington Morrison and wife, Dorothy O'Quinn Morrison that tract or parcel of real estate described on Exhibit A attached hereto for the sum of $5,000.00, upon the delivery to the District of a good and , sufficient deed to said property, free and / clear of all encumbrances, except those which may be approved by the attorney for the District. 2. The District, its officers, agents and representatives are hereby authorized to take such actions as are necessary to implement the terms of this Resolution. Duly adopted this 22nd day of January, 1991, upon motion made by Commissioner Shaw .' seconded by Commissioner Hill and adopted by the following vote: Ayes 5 Noes 0 Absent 0 Southwest Water and Sewer District of Harnett County By: ~ /J ~_!'.J , o;{d G. Stewart, / Ch rman, Board of Commissioners of County of Harnett, sitting as the governing body of the Southwest Water and Sewer District of Harnett County AtrW' f/~ .. 2",..",-4-' Vanessa w. Young, 0 Clerk to the Board and of the District EXHIBIT A Beginning at a P.K. Nail located in the centerline of the right of way of N.C. Highway No. 24 & 27, said P.K. Nail being located North 58 degs. 54 min. 28 sec. West 8.85 feet from a P.K. Nail at the point of intersection of the centerline of said N. C. Highway No. 24 & 27 and the centerline of NCSR 1001; and runs thence from said beginning point South 31 degs. 00 min. 01 sec. West 30.00 feet to an iron pipe set in the southern margin of the right of way of said N.C. Highway No. 24 & 27; and runs thence South 31 degs. 00 min. 0l'sec. West 200.00 feet to a~ iron pipe set; and runs thence South 58 degs. 59 m~n. 59 sec. East 45.00 feet to an iron pipe set; and runs thence South 31 degs. 00 min. 01 sec. West 150.00 feet to an iron pipe set; and runs thence North 58 degs. 59 min. 59 sec. West 150.00 feet to a~ iron pipe set; and runs thence North 31 degs. 00 m~n. 01 sec. East 150.00 feet to an iron pipe set; and runs thence South 58 degs. 59 min. 59 sec. East 45.00 feet to an iron pipe set; and runs thence North 31 degs. 00 min. 01 sec. East 200.00 feet to ,_,_,____ '_"'C_ .... _. ,_.., ,_.,.."..,.._...,.,.....,. '''''''''-'-_ ,,'.,__ .<>_._.._._.._-.-.,~~__.,,_._ ,-\ -, '/1 an iron pipe set in the southern margin of the right of way of N.C. Highway No. 24 & 27; and runs thence North 31 degs. 00 min. 01 sec~ East 30.~0 feet to a P.K. Nail in the centerl~ne of saJ.d Highway. and runs thence as the centerline of the Highway'south 58 degs. 59 min. 59 sec. Eas~ 6~.0~ feet to the point and place of begJ.n~J.ng, I containing 0.833 acre as shown.on ~ plat ent~tled "Southwest Water and Sewer DJ.strJ.ct of Harnett County - Tank Site" prepared by T & R Associates, Asheboro, North Carolina and recorded at plat Cabinet ,Slide ,Harnett County Registry. .' The above described parcel ~s a port~on of that property acquired by Thomas Harrington Morrison ~nd wife, Dorothy O'Quinn Morrison by deed from NeJ.ll McK. Ross, Commissioner dated March 11, 1982 and recorded at Book 731, Page 577, Harnett County Registry. Resolution Concerning ATTACIIMENT 9. Agreement Relating to the Sale of Water to the Town of Linden (County of Barnett) THAT WHEREAS, at its meeting on November 19, 1990, the Board of Commissioners of Harnett County adopted a resolution entitled "Resolution Authorizing Execution of Agreement Relating to the Sale of Water to the Town of Linden," and thereby authorized the execution of an Agreement as described; and WHEREAS, since the adoption of said Resolution of November 19, 1990, pursuant to directives of the Farmers Home Administration, ; the Town of Linden has requested modifications to the original Agreement as above mentioned; and WHEREAS, the requested modifications have been incorporated into a new document, entitled "Agreement," between the County of Harnett, the South Central Water and Sewer District of Harnett County and the Town of Linden, the same being attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, having considered the Agreement as now drafted, it is the desire of the Board of Commissioners to authorize and direct the execution of the same. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners .. ___ of the County of Harnett that: 1. The Resolution heretofore adopted by the Board on November 19, 1990 entitled "Resolution Authorizing Execution of Agreement Relating to the Sale of Water to the Town of Linden" shall be and the same hereby is rescinded. 2. The County of Harnett is authorized to and shall enter into that Agreement a copy of which is attached hereto as Exhibit A and incorporated herein by reference. 3. The appropriate officers of the County are hereby authorized and directed to execute the originals of said Agreement, and such representatives and employees of the County as are required are thereafter directed to take such actions as are necessary to effectuate the terms thereof. Duly adopted this 22nd day of January, 1991, upon motion made by Commissioner Shal~ , seconded by Commissioner Hill , and adopted by the following vote. Ayes 5 Noes 0 Absent 0 Board of Commissioners of the County of Harnett ~ k J'----. By. 4 /.~ ~ y G. Stewart, Chairman At~: l/11-'VV"A~ ctAJ ~~/ Vanessa W. Young, 0 0 Clerk to the Board 98 Exhibit "A" NORTH CAROLINA AGREEMENT HARNETT COUNTY . I THIS AGREEMENT is entered into as of the day of , 1991, between the COUNTY OF HARNETT (hereinafter sometimes referred to as, "County" or "Seller"), the SOUTH CENTRAL , WATER AND SEWER DISTRICT OF HARNETT COUNTY (hereinafter sometimes referred to as the "District") and the TOWN OF LINDEN, (hereinafter sometimes referred to as "Town" or "Purchaser"). KIT N E SSE T H : THAT WHEREAS, the Purchaser is a municipal corporation duly organized and existing under the laws of the State of North Carolina, and is located within Cumberland County, North Carolina; and WHEREAS, District is a county water and sewer district ,. organized and existing under the laws of the State of North Carolina; and WHEREAS, County is a body politic organized and existing under the laws of the State of North Carolina; and WHEREAS, the Purchaser intends to construct and install a water distribution system and in connection therewith is in need of a supply of treated water therefor; and WHEREAS, District owns a water distribution system located adjacent to Cumberland County and currently has contracted for the purchase of a sufficient quantity of water to serve its existing and potential customers, plus additional water users; and WHEREAS, County, through its Department of Public Utilities, manages and operates the water distribution system of the District and has contracted with the District to purchase from it a sufficient quantity of water to provide water to the Purchaser as is herein set forth; and WHEREAS, County desires to sell to Purchaser, and Purchaser desires to buy frQm County a supply of potable water as set forth herein; and WHEREAS, the District desires to enter into this Agreement for the purpose, among others, of acknowledging its consent to connection to its system as hereinafter provided; and WHEREAS, the parties have agreed upon the terms regarding the matters mentioned above, and now desire to set forth the terms of their agreements; NOW, THEREFORE, in consideration of the foregoing and the mutual agreements hereinafter set forth, the parties agree as follows: SECTION I Connection and Point of Delivery A. Existina System in Harnett Cou~. It is understood that there currently exists an eight (8 ) inch water distribution pipeline located on the Harnett County side of the Harnett County- Cumberland County boundary within the right of way of NCSR 2031. Said pipeline is a part of the system of the District which is operated by the County. B. ~e~~ion Pipeline. It is agreed that the Seller shall cause to be constructed and installed a water distribution pipeline of the size of eight (8) inches from the meter facility hereinbelow described in subsection C to the existing system of the District. - - -. - 99 Such pipeline shall begin at said meter facility in Cumberland County and shall run continuously in a northerly direction under I and across the Lower Little River and within the right of way of NCSR 2031 into Harnett County to the point where the same shall connect to the above described existing system. Permission to make connection to the existing system in Harnett County is hereby granted by the District, so long as the same is accomplished pursuant to and in accordance with this Agreement. C. tIeter Faci~. It is agreed that the Seller shall cause to be constructed and installed the necessary metering equipment, including a meter house ~r pit, and required devices of standard type for properly measuring the quantity of water delivered to the Purchaser. It is understood that said meter facility shall be located south of the Lower Little River in Cumberland County within the right of way of NCSR 2031. The meter facility described in this subsection shall be the point of delivery. SECTION II Transmission Pipelines to Purchaser's Service Area A. ~ruction and Ooeration. The Purchaser shall be responsible for the installation, construction, operation and maintenance of all water transmission and distribution pipelines and mains, together with all appurtenances related thereto located to the south of the point of delivery. Purchaser shall also be responsible for the installation, construction, operation and maintenance of all related appurtenances necessary to transport water from the point of delivery to the service area of the Purchaser. B. Q1wers~. The water transmission and distribution ,. pipelines and mains, and all appurtenances related thereto described in subsection A above shall be and remain the property of the Purchaser and as such, the Purchaser may operate, maintain, manage, regulate and control the same and otherwise exercise with respect thereto any rights, authorities or privileges it may be granted by statute. SECTION III Cross Connections A. Prohibition. Purchaser agrees that upon and after the date the connection is made from the existing system in Harnett County to the connection pipeline, the Purchaser shall allow no cross connection or connections to exist between any water system(s) it owns and/or operates and/or the same are otherwise connected to, and any pipeline containing a contaminant. Purchaser shall allow no connections to other present or future sources of water, except Purchaser may make connections to other present or future sources of water when such source or sources are owned and operated by a local governmental unit and such unit operates the same pursuant to and in compliance with all applicable federal and state laws, rules and regulations, and Purchaser may make the connection to the Brookwood Water System as provided in Section VI ( c) . Purchaser agrees to enact such ordinances and regulations so as to prevent said cross connections and agrees to take such reasonable actions as are appropriate to enforce the same. 100 B. lndemnification. Purchaser hereby agrees to indemnify and hold harmless the County and/or the District from and against all loss, costs, expen,ses, including attorneys' fees, claims, suits, and judgments whatsoever in connection with any sickness, injury to or death of any person or persons associated with and/or I caused by Purchaser's breach of subsection A above. SECTION IV Connection Fee A. Purchaser agrees to pay to Seller a connection fee to connect Purchaser's system with the system of the Seller. Such connection fee shall be that sum of money as will equal the actual cost to Seller of causing the connection pipeline and meter ,. facility as described in Section I above to be constructed and installed. The connection fee shall be paid by Purchaser to Seller at a mutually agreeable time after completion of the construction and installation of the connection pipeline and meter facility. B. Purchaser shall also be responsible for the costs of any modifications or alterations made to the existing system in Harnett County necessary to effectuate connection with the Purchaser's system and/or any and all costs necessary to meet any and all requirements of local, state or federal regulations. SECTION V Water Sale to Purchaser The Seller agrees to sell water to the Purchaser and the purchaser agrees to buy water from the Seller pursuant to and in accordance with the following terms, conditions and procedures: A. ~tv and Ouantitv. The Seller agrees to furnish the purchaser at the point of delivery hereinbefore specified potable treated water meeting applicable purity standards of the Division of Health Services, Department of Human Resources of the State of North Carolina, in such quantity as may be required by the Purchaser not to exceed one hundred thousand (100,000) gallons per day. B. Pressure. The water will be furnished to the purchaser at the point of delivery at a reasonable constant pressure calculated at fifty (50) pounds per square inch. If a greater pressure than that normally available at the point of delivery is required by the Purchaser, the cost of providing such greater pressure shall be borne ~y the Purchaser. C. ~aencv Fallin. Emergency failures of pressure or supply due to main supply line breaks, power failure, flood, fire, and use of water to fight fire, earthquake or other catastrophe shall excuse the Seller from the provisions of this Section for such reasonable period of time as may be necessary to restore services. D. Meter ~tv an~ MeterinQ. Seller agrees to operate at its own expense, the meter facility described in Section I hereof, and subject to any rights it may have in any warranty, to maintain the same, and to calibrate such metering equipment whenever requested by the PurChaser, but not more frequently than once every twelve (12) months. A meter registering not more than two percent (2%) 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 ---- 101 inaccuracy found by such tests. If any meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water delivered in the corresponding period immediately prior to the failure, unless Seller and Purchaser shall agree upon a different amount. The metering I equipment shall be read on the first day of each month. An appropriate official of the Purchaser at all reasonable times shall have access to the meter facility for the purpose of verifying its readings. E. ~ill~a Procedure. The Seller will furnish the Purchaser not later than the, tenth (10th) day of each month, with an itemized statement of the amount of water furnished the Purchaser during the preceding month. F. ~ates and P8vme~n8te. The Purchaser agrees to pay the Seller, not later than the twentieth (20th) day of each month, for water delivered in accordance with that schedule of rates, as adopted from time to time by Seller, for bulk municipal customers. Said rate is currently $1.05 per 1,000 gallons of water delivered and shall so remain un~il July 1, 1991, when the same shall be subject to adjustment. The minimum rate shall be that charge as calculated under said schedule of rates for the amount of twenty- five thousand (25,000) gallons per day. The minimum rate shall first become payable to Seller from Purchaser, upon billing, no later than twelve (12) months after the date that purchaser's system, as constructed pursuant to its current Project, is declared substantially complete by the Farmers Home Administration of the United States Department of Agriculture. G. ~ater For Testing. When requested by the Purchaser, the Seller will make available to the Purchaser and/or its contractor(s) at the point of delivery or other points reasonably close thereto, water sufficient for testing, flushing, and filling the connection pipeline, the transmission pipelines or mains to the service area of the Purchaser during construction, irrespective of whether metering equipment has been installed at that time. Charges for water so made available shall be calculated based upon the rate stated in subsection F above. Such charges shall be paid by the Purchaser and/or its contractor(s). H. Imn. The term of this Agreement relative to the sale of water to the Purchaser shall extend for a term of forty (40) years from the date of the initial delivery of any water as shown by the first bill submitted by the Seller to the Purchaser and, thereafter may be renewed or extended for such term, or terms, as may be agreed upon by the Seller and Purchaser. I. Initial Delivery. Thirty (30) days prior to the estimated date of completion of construction of Purchaser's water pipeline or main which shall connect to the meter facility, the purchaser will notify the Seller in writing of the date for the initial delivery of water. J. fAilure to Del~. The Seller will , at all times, operate and maintain its system in an efficient manner and will take such actions as may be necessary to furnish the Purchaser with quantities of water required by the Purchaser, up to the maximum above set forth. Temporary or partial failures to deliver water shall be remedied with a,ll possible dispatch. In the event of an extended shortage of water, or the supply of water available to the Seller is otherwise diminished over an extended period of time, the 102 supply of water to Purchaser's consumers shall be reduced or diminished in the same ratio or proportion as the supply to Seller's consumers is reduced or diminished. K. Modification of Rates. The provisions of this Agreement pertaining to the schedule of rates to be paid by the Purchaser are I subject to modification at the end of every fiscal year. Any increase or decease in rates shall be based on a demonstrable increase or decease in the costs of performance hereunder. Such costs shall not include increased capitalization of the Seller's water distribution system except as such costs relate directly to increasing the capacity of services to the Purchaser. Such costs may include increased capi talization of the Seller's water production facility system. SECTION VI Resale of Water A. ResoonsibjJjties ot Purchaser. It is the understanding of the Seller that the Purchaser will resell the water delivered to it pursuant to this Agreement. Unless otherwise agreed by the parties hereto, the sale of such water and all matters associated therewith, including but not limited to the following matters, shall be the sole responsibility of the Purchaser: l. The operations and maintenance of any water system owned and/or operated by the Purchaser. 2. The establishment and setting of all rates, fees, and other charges for water connections made to and services provided by Purchaser with respect to any water system owned and/or operated by the Purchaser. 3. The billing and collection of all rates, fees, and other charges for water connections made to and services provided by Purchaser with respect to any water system owned and/or operated by the Purchaser. 4. The administrative, legal or any other costs associated with any water system owned and/or operated by the Purchaser. B. ~mnification.. The Purchaser shall and hereby does indemnify and hold harmless the County and/or the District 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, omission and/or other act, whether intentional or negligent, made or caused by the Purchaser and/or its officers, agents, and employees in connection with the resale of water and the respon,~ibilities of Purchaser as stated in subsection A above. C. ~imitation on Resale. Unless otherwise agreed by County and District, the resale of water by Purchaser as herein set forth, shall be limited to resale to customers of the Purchaser served . through water distribution facilities owned and/or operated by the Purchaser, and water bought by the Purchaser hereunder shall not be resold by the Purchaser to any person, partnership, corporation, firm, business, unit of local government and/or any other entity whO/whiCh shall after such purchase from Purchaser again resell such water; however, the County and the District shall not unreasonably withhold their consent to such resale by Purchaser. The County and District hereby consent to Purchaser selling water to the Brookwoo~ Water System, which serves Woodland Run, a mobile home park, provided that the connection to Woodland Run "; 03 shall be made and thereafter maintained pursuant to and in compliance with all laws, rules and regulations of the applicable state and federal governments, and provided further that such connection shall be agreeable only for so long as the currently existing number of mobile home lots therein does not increase. Purchaser hereby agrees to indemnify and hold harmless the County and/or the District from and against all loss, costs, expenses, including attorneys' fees, claims, suits and judgments whatsoever in connection with any sickness, injury to or death of any person or persons associated with and/or caused by the connection to Woodland Run as hereinabove set forth. SECTION VI I General Provisions A. ~fication of ~reement. The provisions of this Agreement may be modified or altered by the mutual written agreement of the parties hereto. B. Bindino Aareemeqt. The covenants and agreements contained in this Agreement are binding on the parties hereto and their successors, assigns and legal representatives. C. Breach bv Purchaser. In the event the purchaser shall breach its agreements hereunder or fail to take such actions as specif ied, neither County nor District shall have any further ". obligation to Purchaser hereunder. This provision in no way diminishes or pre judices any other rights or remedies of County and/or District regarding any breach of this Agreement. D. Reau\atorv Aaencies. 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 hereto agree to collaborate when necessary to obtain such permits, certifications, or the like, as may be required to comply therewith. E. ~r Deta..i...il. 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 on the like, appropriate representatives of the parties may collaborate and mutually agree upon such matters, without need for the amendment or modification hereof. F. Notices. Any notice to be given hereunder to the Purchaser shall b~ made in writing and mailed by first class mail to the Town of Linden at the following address: Post Office Drawer 61 Linden, North Carolina 28356 Any notice to be given hereunder to the County or the District shall be made in writing and mailed by first class mail to the County of Harnett and/or South Central Water and Sewer District of Harnett County (whatever the case may be ) at the following address: ~ost Office Box 769 Lillington, North Carolina 27546 G. lALmers Home Administratio~. It is understood that the construction of the water distribution system by the Purchaser is being financed by a loan made or insured by and/or a grant from the United States of America, acting through the Farmers Home Administration of the United States Department of Agriculture, and the provisions hereof pertaining to the undertakings of the Purchaser are conditioned upon the approval, in the writing, of the State Director of the Farmers Home Administration. ---- 104 H. fouthoritv. The PurC"haser, the County and the District represent and warrant, each to the others t the existence of all capacity, authority, resolutions and actions necessary to execute this Agreement. I 1. ~icate Originals. This Agreement is executed in triplicate originals, one of which is retained by each party hereto. Executed by South Central Water and Sewer District of Harnett County, this day of , 1991. South Central Water and Sewer District of Harnett County By Lloyd G. Stewart, Chairman, Board of Commissioners of Harnett County, sitting as the governing body of South Central Water and Sewer District of Harnett County Attest: Vanessa W. Young, ,Clerk to the Board and of the District Executed by the County of Harnett, this day of , 1991. County of Harnett By Lloyd G. Stewart, Chairman, Board of Commissioners of Attest: Harnett County Vanessa W. Young Clerk to the Board Executed by the Town of Linden this day of 1991. Town of Linden By Attest: Velma Davis, Mayor Frances COllier, Clerk This Agreement is approved on behalf of the Farmers Home Administration this day of 1991. , By Title --- --t '-" r- 'U::; ATTACHMENT 10. -----.-- I Resolution Authorizing Bxecution of Contracting Agency Agreement with the Town of Linden THAT WHEREAS, the Board of Commissioners of the County of Harnett has reviewed and considered that document entitled "Contracting Agency Agreement" between the County of Harnett and the Town of Linden, a copy of which is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, it is the desire of said Board to authorize and direct the execution of said Agreement as set forth. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the County of Harnett that: , I 1- The County of Harnett is hereby authorized to and shall enter into that Contracting Agency Agreement, a copy of which is attached hereto as Exhibit A and incorporated herein by reference. 2. The appropriate officers of the County are hereby authorized and directed to execute the originals of said Agreement and such representatives and employees of the County as are required are thereafter directed to take such actions as are necessary to effectuate the terms thereof. Duly adopted this 22nd day of January, 1991 upon motion made by Commissioner Shaw , seconded by Commissioner Hudson , and adopted by the following vote. Ayes 5 Noes 0 Absent 0 Board of Commissioners of the County of Harnett By ~ /.7 A.,...} Ll d . Stewart, Chairman of the Board Attest: ~LJ. '--V Qt~ Vanessa W. YOung'Grlerkv to the Board -.-------- 1 0 /' i 10 Exhibit "A" NORTH CAROLINA CONTRACTING AGENCY HARNETT COUNTY AGREEMENT THIS AGREEMENT is made and entered into this day of , 1991, by and between the COUNTY OF HARNETT (hereinafter sometimes referred to as "County"), and the TOWN OF LINDEN (hereinafter sometimes referred to as "Town"). WIT N E SSE T H : THAT WHEREAS, County is a body politic organized and existing under the laws of the State of North Carolina; and WHEREAS, Town is a municipal corporation duly organized and existing under the laws of the State of North Carolina, and is located within Cumberland County, North Carolina; and WHEREAS, Town intends to construct and install a water distribution system and in connection therewith has entered into an Agreement dated ,. ~ith County, whereby, among other things, County has agreed to sell potable water to Town; and WHEREAS, pursuant to said Agreement and for the purpose of facilitating the transmission and metering of water sold to Town, County has agreed to cause to be constructed a pipeline connecting the existing water supply system within Harnett county to the water system to be constructed by Town and has further agreed to cause to be constructed a meter facility, just south of the Cumberland County line, to properly measure the quantity of water sold to Town; and WHEREAS, County has requested the Town to act as contracting agent for the County with respect to the construction and installation of the described pipeline and meter facility, and in such capacity, as part of its overall water distribution system project, to cause the same to be so constructed and installed; and WHEREAS, Town has agreed to act as contracting agent for the County for the purposes aforesaid; and WHEREAS, County and Town now desire to set forth the terms of their agreements regarding these matters. NOW, THEREFORE, in consideration of the foregoing and the mutual agreements hereinafter set forth, County and Town agree as follows: SECTION I ESTABLISHMENT OF AGENCY AND IDENTIFICATION OF FACILITIES '1'0 BE CONSTRUCTED Town, as part of th~ implementation of its water distribution system project, shall act as contracting agent for and on behalf of County with respect to the construction and installation of the following: A. A water distribution pipeline of the size of eight (8) inches running from the meter facility hereinbelow described in subsection B to the existing system operated by County. Such pipeline shall begin at said meter facility in Cumberland County and shall run continuously in a northerly direction under and across the Lower Little River and within the right of way of NCSR 2031 into Harnett County to the point where the Same shall connect to the existing system operated by County. B. The necessary metering equipment, including a meter house or pit, and required devices of standard type for properly measuring the quantity of water transmitted through the Same. Said meter facility shall be located south of the Lower Little River in Cumberland County within the right of way of NCSR 2031. - -- - - - - - - - 107 SECTION II CONSTRUCTION AND INSTALLATION OF CONNECTION PIPELINE AND METER FACILITY The connection pipeline and meter facility described in Section I, (hereinafter referred to in this Section as "facilities" ) shall be furnished, constructed and installed by Town, as contracting agent for County, upon the following terms and conditions: A. Town shall cause plans and specifications for the facilities to be completed in accordance with standard engineering practices and procedures by a qualified engineering firm, and shall cause the same to. be drawn in such a manner so as to enable the same to be separately and distinctly identifiable from all other portions of Town's water distribution system project. Said plans and specifications shall also be completed in a manner so as to be in full compliance with all rules, regulations and requirements of the Farmers Home Administration of the United States Department of Agriculture and such other federal and/or state agencies as may be applicable. Town shall provide copies of the plans and specifications to the Harnett county Department of Public Utilities. B. Town shall provide to the Harnett County Department of Public Utilities, prior to the commencement of the construction and installation of the facilities, shop drawings of all materials to be used therefor. C. Town shall obtain and acquire in the name of County continuous and adequate easements, and rights of way on private lands necessary to erect, construct, install and lay, and thereafter use, operate, inspect, repair, maintain, replace, ,. remove, change the size of or protect said facilities. D. Town shall obtain and acquire in the name of County permits, franchises, and authorizations or other instruments by whatsoever name designated, from public utilities and public bodies, commissions, or agencies such as are necessary to erect, construct, install and lay, and thereafter use, operate, inspect, repair, maintain, replace, remove, change the size of or protect said facilities upon, along or across streets, roads, highways and public utilities. E. Town shall obtain approval for the construction and completion of the facilities from the necessary federal, state and/or local governments and agencies, prior to and/or at the time of completion. F. Town shall cause the described plans and specifications for the facilities to be advertised and bid as part of Town's overall water distribution system project. G. Town shall enter into a contract or contracts for the construction and installation of the facilities. Town shall cause the construction and installation of the facilities to be completed in accordance with standard engineering and contracting practices and procedures by a qualified contractor or contractors. Town shall obtain, if required, the concurrence of the Farmers Home Administration in and to the agreement or agreements executed with such contractor or contractors for such work. H. Town shall permit representatives of county to inspect, on one or more occasions, the construction and installation of the facilities to verify that the same is being or has been constructed and installed as herein provided. ----.-- .0'" ! It) I. In the event the construction and installation of the facilities is not completed as set forth herein, then County shall notify Town of such fact and in what ways the construction does not meet the terms hereof, and it shall be the duty of Town to thereafter cause such items or things as do not meet the terms hereof to be corrected. J. Town shall provide the Harnett County Department of ,- Public Utilities three (3) entire sets of as built record drawings of the completed facilities as constructed. K. Town shall cause the engineering firm which designed the facilities to provide to the Harnett county Department of Public Utilities, in writing, a certification that the facilities have been constructed in accordance with those plans and specifications approved by the applicable federal, state and/or local governments and/or agencies. L. Town shall provide for and otherwise manage the construction and installation of the facilities, the connection of the same to the existing system in Harnett County, the modification, extension or any other alteration to the existing system in Harnett County necessary to effectuate such connection and/or any and all items necessary to meet any and all requirements of local, state or federal regulations. M. Town shall maintain a system of accounts for its water distribution system project which will enable payments made thereunder for anQ on behalf of the County to be distinguishable from all other payments made for said project. N. Town shall pay from the funds provided to it by County (as provided in Section III below) such statements and/or pay estimates as are presented to Town for work and/or services related to the installation and construction of the facilities for the County. SECTION III PAYMENT '1'0 TOWN Upon completion of ' the construction and installation of the connection pipeline and meter facility, and inspection, approval and acceptance thereof by the Harnett County Department of Public Utilities, County shall at a mutually agreeable time thereafter pay to the Town such sum of money as will equal the actual cost of the construction and installation of the connection pipeline and meter facility. It is understood that Town shall receive no compensation for its services as contracting agent hereunder. SECTION IV GENERAL PROVISIONS A. It is understood that the connection pipeline and meter facility, together with all easements, rights of way, lands, permits, franchises, authorizations or other instruments appu~tenant thereto shall be and remain the property of the County and as such, the County may operate, maintain, manage, regulate and control the same, and otherwise exercise with respect thereto any rights, authorities or privileges it may be granted by statute. B. Town agrees to assign to County all rights and interests it shall have in and to the warranty or guarantee provided by the contractor or contractors constructing and installing the connection pipeline and meter facility, together with the rights or interests held by Town in the Performance Bond or Bonds executed by said contractor or contractors and applicable surety or sureties. -- ----- ------- ~O9 C. The covenants and agreements contained in this Contracting Agency Agreement are binding on the parties hereto and their successors, assigns and legal representatives. D. This Contracting Agency 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 necessary to obtain such permits, certifications, or the like, as may be required to comply therewith. E. County and Town represent and warrant, each to the other, the existence of all capacity, authority, resolutions and actions necessary to execute this Contracting Agency Agreement. F. This Contractinq Agency Agreement is executed in duplicate originals, one of which is retained by each party hereto. Executed by the County of Harnett, this day of , 1991. County of Harnett By Lloyd G. Stewart Chairman, Board of ,- . .' Commissioners of Harnett County Attest: Vanessa W. Young Clerk to ~he Board Executed by the Town of Linden, this day of .I 1991. Town of Linden By Velma Davis, Mayor Attest: Frances Collier, Clerk A TT ACiNENT 11. Resolution Concerning Agreement Relating to the Sale of Water to the Town of Linden (South Central Water and Sewer District of Barnett County) THAT WHEREAS, at its meeting on November 19, 1990, the Board of Commissioners of Harnett County sitting as the governing body of the South Central Water and Sewer District of Harnett County, adopted a resolution entitled "Resolution Authorizing Execution of I Agreement Relating to the Sale of Water to the Town of Linden, II and thereby authorized the execution of an Agreement as described; and WHEREAS, since the adoption of said Resolution of November 19, 1990, pursuant to directives of the Farmers Home Administration, , , the original the Town of Linden has requested modifications to Agreement as above mentioned; and WHEREAS, the requested modifications have been incorporated into a new document, entitled "Agreement,. between the County of Harnett, the South Central Water and Sewer District of Harnett County and the Town of Linden, the same being attached hereto as Exhibit A and incorporated herein by reference; and - --- ---------- 1 1 0 WHEREAS, having considered the Agreement as now drafted, it is the desire of the Board of Commissioners, sitting in its capacity as the governing body of the said District, to authorize and direct the execution of the same. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the county of Harnett sitting as the governing body of the South Central Water and Sewer District of Harnett County that: 1- The Resolution heretofore adopted by the said Board on November 19, 1990 entitled "Resolution Authorizing Execution of Agreement Relating to the Sale of Water to the Town of Linden" shall be and the same hereby is rescinded. 2. The South Central Water and Sewer District of Harnett is authorized to and shall enter into that Agreement a copy of which is attached hereto as Exhibit A and incorporated herein by reference. 3. The appropriate officers of the District are hereby authorized and directed to execute the originals of said Agreement, and such representatives and employees of the District as are required are thereafter directed to take such actions as are necessary to effectuate the terms thereof. Duly adopted this 22nd day of January, 1991, upon motion made by Commissioner Shaw , seconded by Commissioner Hill , and adopted by the following vote. Ayes 5 Noes 0 Absent 0 South Central Water and Sewer District of Harnett County By ~A1~~'- Llo d G& Stewart, Chairman Harnett county Board of Commissioners, sitting as the governing body of the District AtL: . " ~ "-i,~ '-tL.~1~ Vanessa W. Young, ( Clerk to the Boardv and of the District Exhibit "Al' NORTH CAROLINA AGREEMENT HARNETT COUNTY THIS AGREEMENT is entered into as of the day of , 1991, between the COUNTY OF HARNETT (hereinafter sometimes referred to as, "county" or "Seller"), the SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY (hereinafter sometimes referred to as the "District") and the TOWN OF LINDEN, (hereinafter sometimes referred to as "Town" or "Purchaser"). I WIT N E SSE T B I THAT WHEREAS, the Purchaser is a municipal corporation duly organized and existing under the laws of the State of North Carolina, and is located within Cumberland County, North Carolinai and WHEREAS, District is a county water and sewer district ,. organized and existing under the laws of the State of North Carolinai and WHEREAS, County is a body politic organized and existing under the laws of the State of North Carolina; and ill WHEREAS, the Purchaser intends to construct and install a water distribution system and in connection therewith is in need of a supply of treated water therefor; and WHEREAS, District owns a water distribution system located adjacent to Cumberland County and currently has contracted for the purchase of a sufficient quantity of water to serve its existing and potential customers, plus additional water users; and WHEREAS, County, through its Department of Public Utilities, manages and operates the water distribution system of the District and has contracted with the District to purchase from it a sufficient quantity of water to provide water to the Purchaser as is herein set forth; and WHEREAS, County desires to sell to Purchaser, and Purchaser desires to buy frqm County a supply of potable water as set forth herein; and WHEREAS, the District desires to enter into this Agreement for the purpose, among others, of acknowledging its consent to connection to its system as hereinafter provided; and WHEREAS, the parties have agreed upon the terms regarding the matters mentioned above, and now desire to set forth the terms of their agreements; NOW, THEREFORE, in consideration of the foregoing and the mutual agreements hereinafter set forth, the parties agree as follows: SECTION I Connection and Point of Delivery A. Existino Svstem in ~rnett County. It is understood that there currently exists an eight (8 ) inch water distribution pipeline lOcated on the Harnett County side of the Harnett County- Cumberland County boundary within the right of way of NCSR 2031. Said pipeline is a part of the system of the District which is operated by the County. B. Connection Pipeline. It is agreed that the Seller shall cause to be constructed and installed a water distribution pipeline of the size of eight (8) inches from the meter facility hereinbelow described in subsection C to the existing system of the District. Such pipeline shall begin at said meter facility in Cumberland County and shall run continuously in a northerly direction under and across the Lower Little River and within the right of way of NCSR 2031 into Harnett County to the point where the same shall connect to the above described existing system. Permission to make connection to the existing system in Harnett County is hereby granted by the District, so long as the same is accomplished pursuant to and in accordance with this Agreement. C. Meter Fac~. It is agreed that the Seller shall cause to be constructed and installed the necessary metering equipment, including a meter house ~r pit, and required devices of standard type for properly measuring the quantity of water delivered to the Purchaser. It is understood that said meter facility shall be located south of the Lower Little River in Cumberland County within the right of way of NCSR 2031. The meter facility described in this subsection shall be the point of delivery. 1 ., 2 , I SECTION II Transmission Pipelines to Purchaser's Service Area A. Constructj.on and Operation. The Purchaser s ha 11 be responsible for the installation, construction, operation and maintenance of all water transmission and distribution pipelines and mains, together with all appurtenances related thereto located to the south of the point of delivery. Purchaser shall also be responsible for the installation, construction, operation and maintenance of all related appurtenances necessary to transport water from the point of delivery to the service area of the Purchaser. B. Ownership. The water transmission and distribution ,. . . pipelines and mains, and all appurtenances related thereto described in subsection A above shall be and remain the property of the Purchaser and as such, the Purchaser may operate, maintain, manage, regulate and control the same and otherwise exercise with respect thereto any rights, authorities or privileges it may be granted by statute. SECTION III Cross Connections A. Prohibi tion. Purchaser agrees that upon and after the date the connection is made from the existing system in Harnett County to the connection pipeline, the Purchaser shall allow no cross connection or connections to exist between any water system(s) it owns and/or operates and/or the same are otherwise connected to, and any pipeline containing a contaminant. Purchaser shall allow no connections to other present or future sources of water, except Purchaser may make connections to other present or future sources of water when such source or sources are owned and operated by a local governmental unit and such unit operates the same pursuant to and in compliance with all applicable federal and state laws, rules and regulations, and Purchaser may make the connection to the Brookwood Water System as provided in Section VI(c). Purchaser agrees to enact such ordinances and regulations so as to prevent said cross connections and agrees to take such reasonable actions as are appropriate to enforce the same. B. lPdemillicatiol'l. Purchaser hereby agrees to indemnify and hold harmless the County and/or the District from and against all loss, costs, expen,ses, including attorneys' fees, claims, suits, and judgments whatsoever in connection with any sickness, injury to or death of any person or persons associated with and/or caused by Purchaser's breach of subsection A above. SECTION IV Connection Fee A. Purchaser agrees to pay to Seller a connection fee to connect Purchaser's system with the system of the Seller. Such connection fee shall be that sum of money as will equal the actual I cost to Seller of causing the connection pipeline and meter facility as described in Section I above to be constructed and installed. The connection fee shall be paid by purchaser to Seller at a mutually agreeable time after completion of the construction and installation of the connection pipeline and meter facility. . B. Purchaser shall also be responsible for the costs of any modifications or alterations made to the existing system in Harnett County necessary to effectuate connection with the Purchaser's system and/or any and all costs necessary to meet any and all requirements of local, state or federal regulations. - - 1 1 3 SECTION V Water Sale to Purchaser The Seller agrees to sell water to the Purchaser and the Purchaser agrees to buy water from the Seller pursuant to and in accordance with the following terms, conditions and procedures: A. Ouelitv s{ld Ou~. The Seller agrees to furnish the Purchaser at the point of delivery hereinbefore specified potable treated water meeting applicable purity standards of the Division of Health Service$, Department of Human Resources of the State of North Carolina, in such quantity as may be required by the Purchaser not to exceed one hundred thousand (100,000) gallons per day. B. pressur~. The water will be furnished to the Purchaser at the point of delivery at a reasonable constant pressure calculated at fifty (50) pounds per square inch. If a greater pressure than that normally available at the point of delivery is required by the Purchaser, the cost of providing such greater pressure shall be borne ~y the Purchaser. C. EmerC}ency Failure. Emergency fail ures of pressure or supply due to main supply line breaks, power failure, flood, fire, and use of water to fight fire, earthquake or other catastrophe shall excuse the Seller from the provisions of this Section for such reasonable period of time as may be necessary to restore services. O. l'feter Facil ~v ....Q(l MAted 119 . Seller agrees to operate at its own expense, the meter facility described in Section I hereof, and subject to any rights it may have in any warranty, . . to maintain the same, and to calibrate such metering equipment whenever requested by the Purchaser, but not more frequently than once every twelve (12) months. A meter registering not more than two percent (2\) 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 any meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water delivered in the corresponding period immediately prior to the failure, unless Seller and Purchaser shall agree upon a different amount. The metering equipment shall be read on the first day of each month. An appropriate official of the Purchaser at all reasonable times shall have access to the meter facility for the purpose of verifying its readings. E. ~llina_Procedur.e. The Seller will furnish the Purchaser not later than the. tenth (lOth) day of each month, with an itemized statement of the amount of water furnished the Purchaser during the preceding month. F. Rates and Payment Date. The purchaser agrees to pay the Seller, not later than the twentieth (20th) day of each month, for water delivered in accordance with that schedule of rates, as adopted from time to time by Seller, for bulk municipal customers. Said rate is currently $1.05 per 1,000 gallons of water delivered and shall so remain until July 1, 1991, when the same shall be subject to adjustment. The minimum rate shall be that charge as calculated under said schedule of rates for the amount of twenty- five thousand (25,000) gallons per day. The minimum rate shall ---- 11 4 first become payable to Seller from Purchaser, upon billing, no later than twelve (12 ) months after the date that Purchaser's system, as constructed pursuant to its current project, is declared substantially complete by the Farmers Home Administration of the United States Department of Agriculture. G. ~ater For Testing. When requested by the Purchaser, the Seller will make available to the Purchaser and/or its contractor(s) at the point of delivery or other points reasonably close thereto, water sufficient for testing, flushing, and filling the connection pipeline, the transmission pipelines or mains to the service area of the Purchaser during construction, irrespective of whether metering equipment has been installed at that time. Charges for water so made available shall be calculated based upon the rate stated in subsection F above. Such charges shall be paid by the Purchaser and/or its contractor(s). H. :rerm. The term of this Agreement relative to the sale of water to the Purchaser shall extend for a term of forty (40) years from the date of the initial delivery of any water as shown by the first bill submitted by the Seller to the Purchaser and, thereafter may be renewed or extended for such term, or terms, as may be agreed upon by the Seller and Purchaser. I. Initial Deliverv. Thirty (30) days prior to the estimated date of completion of construction of Purchaser's water pipeline or main which shall connect to the meter facility, the Purchaser will notify the Seller in writing of the date for the initial delivery of water. J. rAil.Y.r e to Deliverv. The Seller will, at all times, operate and maintain its system in an efficient manner and will take such actions as may be necessary to furnish the Purchaser with quantities of water required by the Purchaser, up to the maximum above set forth. Temporary or partial failures to deliver water shall be remedied with all possible dispatch. In the event of an extended shortage of water, or the supply of water available to the Seller is otherwise diminished over an extended period of time, the supply of water to Purchaser's consumers shall be reduced or diminished in the same ratio or proportion as the supply to Seller's consumers is reduced or diminished. K. Modification of Rates. The provisions of this Agreement pertaining to the schedule of rates to be paid by the purchaser are subject to modification at the end of every fiscal year. Any increase or decease in rates shall be based on a demonstrable increase or decease in the costs of performance hereunder. Such costs shall not include increased capitalization of the Seller's water distribution system except as such costs relate directly to increasing the capacity of services to the Purchaser. Such costs may include increased capitalization of the Seller's water production facility system. SECTION VI Resale of Water A. ~oonsibilities of Purc~. It is the understanding of the Seller that the Purchaser will resell the water delivered to it pursuant to this Agreement. Unless otherwise agreed by the parties hereto, the sale of such water and all matters associated therewith, including but not liml ted to the following matters, shall be the sole responsibility of the Purchaser: 1. The operations and maintenance of any water system owned and/or operated by the Purchaser. 1 ~ 5 : I 2. The establishment and setting of all rates, fees, and other charges for water connections made to and services provided by Purchaser with respect to any water system owned and/or operated by the purchaser. 3. The billing and collection of all rates, fees, and other charges for water connections made to and services provided by Purchaser with respect to any water system owned and/or operated by the Purchaser. 4. The administrative, legal or any other costs associated with any water system owned and/or operated by the Purchaser. B. Indemnificat5.Qn. The Purchaser shall and hereby does indemnify and hold harmless the County and/or the District 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, omission and/or other act, whether intentional or negligent, made or caused by the Purchaser and/or its officers, agents, and employees in connection with the resale of water and the responsibilities of Purchaser as stated in ,.. .' . subsection A above. C. ~tation on Resale. Unless otherwise agreed by County and District, the resale of water by purchaser as herein set forth, shall be limited to resale to customers of the Purchaser served through water distribution facilities owned and/or operated by the PurChaser, and water bought by the Purchaser hereunder shall not be resold by the Purchaser to any person, partnership, corporation, firm, business, unit of local government and/or any other entity who/which shall after such purchase from Purchaser again resell such water; however, the County and the District shall not unreasonably withhold their consent to such resale by Purchaser. The County and District hereby consent to purchaser selling water to the Brookwood Water System, which serves Woodland Run, a mobile home park, provided that the connection to Woodland Run shall be made and thereafter maintained pursuant to and in compliance with all laws, rules and regulations of the applicable state and federal governments, and provided further that such connection shall be agreeable only for so long as the currently existing number of mobile home lots therein does not increase. Purchaser hereby agrees to indemnify and hold harmless the County and/or the District from and against all loss, costs, expenses, including attorneys' fees, claims, suits and judgments whatsoever in connection with any sickness, injury to or death of any person or persons associated with and/or caused by the connection to Woodland Run as hereinabove set forth. SECTION VII General Provisions A. Modification of Agreement. The provisions of this Agreement may be modified or altered by the mutual written agreement of the parties hereto. B. Binding Aaree~. The covenants and agreements contained in this Agreement are binding on the parties hereto and their successors, assigns and legal representatives. C. ~reach bv Purchaset. In the event the Purchaser shall breach its agreements hereunder or fail to take such actions as specified, neither County nor District shall have any further obligation to Purchaser hereunder. This provision in no way diminishes or prejudices any other rights or remedies of County and/or District regarding any breach of this Agreement. -~ ~-- Jf .oj. / i I D D. ~atorv Aoencies. 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 hereto agree to collaborate when necessary to obtain such permits, certifications, or the like, as may be required to comply therewith. E. ~ Detaili. 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 on the like, appropriate representatives of the parties may collaborate and mutually agree upon such matters, without need for the amendment or modification hereof. F. Notices. Any notice to be given hereunder to the Purchaser shall b~ made in writing and mailed by first class mail to the Town of Linden at the following address: Post Office Drawer 61 Linden, North Carolina 28356 Any notice to be given hereunder to the County or the District shall be made in writing and mailed by first class mail to the County of Harnett and/or South Central Water and Sewer District of Harnett County (whatever the case may be ) at the following address: ~ost Office Box 769 Lillington, North Carolina 27546 G. ~s Home AdmiJ1jstra.tism. It is understood that the construction of the water distribution system by the Purchaser is being financed by a loan made or insured by and/or a grant from the United States of America, acting through the Farmers Home Administration of the United States Department of Agriculture, and the provisions hereof pertaining to the undertakings of the Purchaser are conditioned upon the approval, in the writing, of the State Director of the Farmers Home Administration. H. Authority. The Pure"haser, the County and the District represent and warrant, each to the others, the existence of all capacity, authority, resolutions and actions necessary to execute this Agreement. I. Triplicate OriQinals. This Agreement is executed in triplicate originals, one of which is retained by each party hereto. Executed by South Central Water and Sewer District of Harnett County, this day of , 1991. South Central Water and Sewer District of Harnett County By Lloyd G. Stewart, Chairman, Board of Commissioners of Harnett County, sitting as the governing body of South Central Water and Sewer District of Harnett County Attest: Vanessa W. Young, .Clerk to the Board and of the District --- ; " "7 I I " Executed by the County of Harnett, this day of , 1991. County of Harnett By Lloyd G. Stewart, Chairman, Board of Commissioners of Attest: Harnett County Vanessa W. Young Clerk to the Board Executed by the Town of Linden this day of 1991. Town of Linden ,. By Attest: Velma Davis, Mayor Frances Collier, Clerk This Agreement is approved on behalf of the Farmers Home Administration this day of , 1991. By Title ATTACHl\1ENT 12. Resolution Authorizing Initiation of Appraisals and Review of Appraisals (Cape Pear Regional Wastewater System Project) THAT WHEREAS, the County of Harnett is currently engaged in the process of implementing the Cape Fear Regional Wastewater System Project (hereinafter sometimes referred to as the "Project"); and WHEREAS, pursuant to the directives of the Environmental protection Agency of the United States of America and the Division of Environmental Management of the Department of Environment, Health and Natural Resources of the State of North Carolina in order to continue implementation of the Project, it will be necessary for the County to proceed with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions policies Act of 1970 (the "Act"); and WHEREAS, the Act requires that appraisals and review of appraisals be made on real property to be acquired with respect to the Project; and WHEREAS, the Harnett County Department of public Utilities has i;1vestigated and otherwise obtained cost proposals and qualifications data from several appraisal firms desiring to perform the work required; and WHEREAS, the results of such investigation and research have been reported to the Board of Commissioners of the County of Harnett, and the said Department has recommended the employment of the firm of Hamilton Auction and Realty to conduct the applicable appraisals at a cost of $250.00 per parcel and the employment of --- -- - - -- - -- - - - - ---- 1 .. 8 : I the firm of James Little Real Estate to review said appraisals at a cost of $50.00 per parcel; and WHEREAS, it is the desire of said Board of Commissioners to employ said firms to conduct and provide the aforementioned appraisals and review of appraisals and to authorize work to commence thereon as soon as practicable; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Harnett County that: 1. The firm of Hamilton Auction and Realty of LilUngton, N. C . is hereby selected and shall , be employed to conduct, perform and otherwise , provide the above described appraisals associated with the Project, at the cost of $250.00 per parcel. 2. The firm of James Little Real Estate of Dunn, N.C. is hereby selected and shall be employed to conduct, perform and otherwise provide the above described review appraisals associated with the Project, at the cost of $50.00 per parcel. 3. The appropriate representatives of the County are hereby authorized and directed to make provision for the preparation of the necessary documentation to effect the said employment and upon the completion thereof the County Manager is hereby authorized to execute the same for and in behalf of the County and to thereupon authorize commencement of the work. Duly adopted this 22nd day of January, 1991, upon motion made by Commissioner Hudson , seconded by Commissioner Hill , and adopted by the following vote: Ayes 5 Noes 0 Absent 0 Board of Commissioners of the County of Harnett By ~ ~ ~LiJ- , oy~ G. Stewart, Chairman of the Board AtT '1~'1jJ-'i~ Vanessa W. Young Clerk to the Board'( -- - -