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04011991 -- 204 HARNETT COUNTY BOARD OF COi4MISSIONERS RIiGULAR MEETING, APRIL 1, 1991 The Harnett County Board of Commissioners met in regular session on Monday, April 1, 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 9:00 a.m. Commissioner Hill offered the invocation. Commissioner Shaw moved for approval of the minutes of the regular meeting March 18, 1991. Commissioner Hill seconded the motion and it passed with a unanimous vote. RESOLUTION OF APPRE, Commissioner Hill moved for adoption of a resolution of appreciation TO GLYNESS W, MEEKS to Glyness W. Meeks on her retirement. Commissioner Ti tchener ON RETIREMENT FROM seconded the motion and it passed with a unanimous vote. Jack Bryan, SOCIAL SERVICES Director, Social Services, presented the resolution to Ms. Meeks and Chairman Stewart presented Ms. Meeks a plaque which read "In honor and appreciation of her outstanding service and contributions with Harnett County Department of Social Services 1957 - 1991." The resolution is copied in full at the end of these minutes as Attachment 1. Randy Anderson, North Carolina Department of Transportation, briefed the Board on current DOT activities. PETITION CONCERNING Citizens residing on State Road 1269 presented a petition requesting SR 1269 that State Road 1269 be paved. The petition will be forwarded to the N.C. Department of Transportation for consideration. Chairman Stewart called to order a public hearing on application for PUBLIC HEARING ON State funding to support transportation needs for the elderly and ~~:LI, FOR STATE FUNDING handicapped in Harnett County. Jerry Blanchard, Director, HANDi~~~~PORTAT~ON FOR Transportation and Procurement, provided comments concerning the ED & E DERLY application and stated that the purpose of the public hearing was to obtain public comments concerning the application. No comments were offered and Chairman Stewart closed the public hearing. RESOLUTION AMENDI G Jack Bryan, Chairman, Transportation Committee, presented for the TDP N Board's consideration a Resolution Amending Transportation Development Plan for Harnett County, North Carolina approved February 15, 1988. Commissioner Hudson moved for 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 2. BONELESS rMMS INC Tom Meece, Director, Industrial Development, presented for the Board's PROJECT ' . consideration documents concerning loan to Boneless Hams, Inc. Commissioner Hudson moved that the documents concerning the loan to Boneless Hams, Inc. are hereby approved with the provision that the County Attorney review all documents for final approval prior to exec~ti~n by the Chairman of the Harnett County Board of Comm~ss~oners. Commissioner Shaw seconded the motion and it passed with the following vote: Ayes 4, Noes 1, Absent O. AJ\1ENDMENTS TO EMS ~an ~~rdner, Director, Emergency Medical Services, presented for the OPERATING POLICIES oar s consideration a Resolution Amending the Harnett County Emergency M:dical Services Operating Policies for Harnett County, North Car~l~na, adopted January 3, 1989. Commissioner Titchener moved for adopt~on 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 3. LEONORE TUCK Rodne M T t. I REAPPOINTED TO METRO Y . ar, Director, Publ~c Utili ties, presented for the Board's BOARD consideration a resolution reappointing Leonore Tuck to the District Board o~ the Northeast Metropolitan Water District of Ha~nett County. Commiss~oner Hudson moved for adoption of the resolutiono comm~ssioner Shaw seconded the motion and it passedwit.h the following vote. Ayes 4, Noes 1, Absent O. The resolu~ion is copied in full at the end of these minutes as Attachment 4. RESOLUTION RE: TANK John M. Phelps, Public Utilities Attorney, presented for the Board's PAINTING PROJECT consideration a Resolution Approving Specifications and Authorizing (METRO NO.4.) Advertisement for Bids (Elevated Tank Painting Project - Metro NO.4). Commissioner Shaw moved for 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 5. --.-- 205 I SOUTfMEST W & S Chairman stewart called to order a meeting of the Southwest Water and DIsn.ICT MEETING Sewer District. John M. Phelps, II, Public Utilities Attorney, provided comments concerning the purpose of the meeting and presented AGREEMENT FOR for the Board's consideration a Resolution Authorizing Execution of CAROLINA LAKES ~greement Providing for the Acquisition of the Carolina Lakes Water WATER SYSTEM System. Commissioner Shaw moved for adoption of the resolution. Commissioner Hill seconded the motion and it passed with the following ~ote: Ayes 4, Noes 1, Absent O. The resolution is copied in full t the end of these minutes as Attachment 6. AGREE1'lENT FOR ~ohn M. Phelps, II, Public Utilities Attorney, presented for the oard's consideration a Resolution Authorizing Execution of Agreement CAROLINA LAKES Providing for the Acquisition of the Carolina Lakes Sewer System. SEWER SYSTEM Commissioner Hudson moved for adoption of the resolution. Commissioner Shaw seconded the motion and it passed with the following ~ote: Ayes 4, Noes 1, Absent O. The resolution is copied in :ull at the end of these minutes as Attachment 7. 'rhere being no further business, Chairman Stewart adjourned the meeting of the Harnett County Board of Commissioners sitting as the ~overning body of the Southwest Water and Sewer District. Dallas H. Pope, County Manager, briefed the Board on an offer received OFFER FROM CCCC TO from Central Carolina Community College to purchase the old phone PURCHASE OLD PHONE system that has been removed from the Harnett County campus facility SYSTE:.1 at the appraised fair market value of $900. Commissioner Hudson moved to accept the offer of $900 for the phone system. The motion died from lack of second. Commissioner Shaw made a motion to transfer ownership of the phone system to the college without pay through intergovernmental transfer means. The motion died from lack of second. Monthly reports were filed with the Board from the following departments: Library, Tax Department, Veterans Service, and Data Processing. The Tax Attorney's report was also filed with the Board and copied in full at the end of these minutes as Attachment 8. Tony Wilder, Special Projects Coordinator, requested the following Tax TAX REFUNDS Refunds: AT&T Credit Corp, 44 Whippany Rd., Morristown, NJ $173.04 Yvonr.e Reta, 28 E. Sicily Dr., Fort Bragg, NC 26.04 YV(;t~l:r,e Reta, 28 E. Sicily Dr., Fort Bragg, NC 22.72 Yvonne Reta, 28 E. Sicily Dr., Fort Bragg, NC 34.77 Commissioner Hill moved for approval of the tax refunds. Commissioner Titchener seconded the motion and it passed with a unanimous vote. BUDGET AMENDMENTS Dallas H. Pope, County Manager, requested the following budget amendment for the Tax Department: Code 10-4500-003 Salaries & Wages-Part time $ 7,584. increase 10-4500-005 FICA Tax Expense 580. increase 10-4500-045 Contracted Services 10,664. decrease 10-4500-074 Capital Outlay-Equipment 2,500. increase Commissioner Hill moved for approval of the budget amendment. Commissioner Titchener seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Public Utilities (Southwest): Code 68-3700-1000 FHA Loan - SW 7,000. increase 68-3700-2000 FHA Grant - SW 7,000. decrease 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 Public Utilities (Water) : Code 30-9100-031 Automotive Supplies 4,000. increase Revenue: 30-3760-001. Reconnect Fees - Water 4,000. 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 Public Utilities (West Central): Code 30-9400-016 Maintenance & Repair-Equipment 2,500. increase 30-9400-075 Lease Payment 2,500. decrease Commissioner Hill moved for approval of the budget amendment. Commissioner Titchener seconded the motion and it passed with a unanimous vote. -- - - -.--.- 206 Dallas H. Pope, County Manager, requested the following budget amendment for Public utilities (Northwest): Code 30-9500-016 Maintenance & Repair-Equipment 8,324. increase 30-9500-035 Bulk Water 2,000. decrease 30-9500-054 Insurance & Bonds 324. decrease 30-9500-074 Capital Outlay-Equipment 72,683. increase Revenue: 30-3970-005 Transfer from NW Construction 78,683. increaSlll 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 Public utilities ( Northwes t) : Code 60-9010-156 Interfund Transfer - Harnett County Public Utilities 78,683. increase Revenue: 60-3992-000 Fund Balance Appropriated 78,683. increase Commissioner Hudson 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 Governing Body: Code 10-4100-165 NC Vietnam Veterans 100. increase Revenue: 10-3990-000 Fund Balance Appropriated 100. increase Commissioner Hill moved for 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 Governing Body: Code 10-4100-164 Land Acquisition 7,000. increase Revenue: 10-3990-000 Fund Balance Appropriated 7,000. increase Commissioner Hudson moved for approval of the budget amendment. Commissioner Hill seconded the motion and it passed with a unanimous vote. APPLICATION FOR Chairman Stewart called to order a public hearing on application for zoning change for Corbin Sorrell, Jr., from RA-40 Zoning District to ZONING CHANGE RA-30 zoning District. George Jackson, Planning Director, presented CORBIN SORRELL, JR, 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 Corbin Sorrell, Jr., 191 acres located on SR 1537 in Neill's Creek Township, from RA-40 Zoning District to RA-30 Zoning District. The Planning Board recommended approval of the zoning change application. Commissioner Hudson made a motion to approve the zoning change application for Corbin Sorrell. Commissioner Hill seconded the motion and it passed with a unanimous vote. ,- Commissioner Hill made a motion that the Board go into executive session. Commissioner Titchener seconded the motion and it passed with a unanimous vote. EXECUTIVE SESSION 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. AGREEMENT BETWEEN Tony Wilder, Special Projects Coordinator, presented for the Board's COUNTY & WESTINGHOUSE consideration an agreement between Harnett County and Westinghouse ENVIRONMENTAL & Environmental and Geotechnical Services, Inc. for environmental land GEOTECHNICAL SERVICES evaluation services. Commissioner Titchener moved for approval of the agreement. Commissioner Hill seconded the motion and it passed with a unanimous vote. OFFER FROM CCCC Dallas H. Pope, County Manager, briefed the Board on an offer receivedlll from Central Carolina Community College to purchase the old phone TO PURCHASE OLD system that has been removed from the Harnett County campus facility PHONE SYSTEM at the appraised fair market value of $900. Commissioner Hill moved to accept the offer from Central Carolina Community College to purchase the used phone system for $900. Commissioner Hudson seconded the motion and it passed with a unanimous vote. BUDGET AMENDMENT Dallas H. Pope, County Manager, requested the following budget amendment for Sanitation Landfill: Code 10-6600-071 Captital Outlay - Land 5,000. increase Revenue: 10-3990-000 Fund Balance Appropriated 5,000. increase Commissioner Shaw moved for approval of the budget amendment. Commissioner Hill second~d the motion and it passed with a unanimous vote. " -- - I --.-- . 207 "" John M. Phelps, II, Public Utilities Attorney, presented for the Board's consideration a Resolution Authorizing Notice of Action Pursuant to NC Gen. Stat. 40A-40. Commissioner Hudson moved for adoption of the resolution. Commissioner Titchener 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. Commissioner Titchener moved that the meeting be adjourned. Commissioner Hill seconded the motion and it passed with a unanimous vote. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners regular meeting April 1, 1991, duly adjourned at 2:40 p.m. ~ & T1 ~CQJ Lloy- ~ st~art, Chairman > Jb~g:iL 2~t ~.A/ J /~vd Kay Sd Blanchard, Recording Sec, A TT ACHMENT 1. HARNETT COUNTY NORTH CAROLINA RESOLUTION OF APPRECIATION THAT WHEREAS, Glyness W. Meeks began employment with the Harnett County Department of Social Services on March 11, 1957, and has remained in the agency from that date until her retirement on March 30, 1991; and WHEREAS, her conscientious dedication, her excellence in performance of her duties and her willingness to help others has won her the admiration of her fellow staff and reflects credit upon the agency and the people of Harnett County; and WHEREAS, her knowledge and ability in the performance of her duties has allowed the County to receive maximum Federal and State funds for operation of the department over the entire tenure of her employment; and WHEREAS, these attributes have allowed her to be recognized by promotions through five administrations of the agency. NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners: (1) Takes this opportunity to express its appreciation on behalf of the citizens of Harnett County for the 34 years of dedicated, valued, and immeasurable service to them. (2) Does hereby wish Glyness W, Meeks a happy, long, and rewarding, well-deserved retirement. (3 ) Present a copy of this resolution to Glyness W. Meeks, a copy to the news media, and that a copy shall be spread upon the minutes of this Board. Duly adopted this 1st day of April, 1991. HARNETT COUNTY BOARD OF COMMISSIONERS " .~ )J ~.-zv:t- Ll yd G, Stewart, Chairman --.- 208 A TT ACHMENT 2, HARNETT COUNTY NORTH CAROLINA Resolution Amending Transportation Development Plan for Harnett County, North Carolina Approved February 15, 1988 WHEREAS, the Harnett County Board of Commissioners approved a Transportation Development Plan on February 15, 1988; and WHEREAS, this Board is of the opinion that the amendments to the Plan is necessary at this time for the clear and efficient working of the Transportation Development Plan for Harnett County, North Carolina. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners, that the Harnett County Transportation Development Plan Amendments are approved and that the Amendments will be forwarded to the North Carolina Department of Transportation for final approval. Duly adopted this 1st day of April, 1991. HARNETT COUNTY BOARD OF COMMISSIONERS ~);I~uJ Ll yd . St~wart, Chairman ATTEST: ~~ '1;J '1/[j.'-'V'-ri Vanessa W. Young, C erk BARNETT COUNTY TRANSPORTATION DEVELOPMENT PLAN 1991 AMENDMENT xutroduet.ioll Harnett. county is beginning the last year of its 1987 Transportation Development Plan. This amendment has been prepared for impl.Jl\.nt",t-inn hy the Harnett County Transportation/ Procurement Depart.ment during 1991. The format ot the amendment consiRts of t;he tollowinq sections! I. Identification of Harnett County's proposed and actual transportation delivery system. 1I. 1991 trans~ortation dQlivory system goals and Objectives. III. Vehicle Use and Replacement This amended Transportation Development Plan will provide interim guidance to Harnett county as its Transport~tiun D~velopment Plan is updated durihq 1991. I. IDENTI~ICATION OF HARNETT COUNTY'S PROPOSED AND ACTUAL I TRANSPOaTATION DELIVERY GYSTBH Harnett County's approved transportation delivery system contains eight (9) main components. Definitions and accomplishments on each component follow. ComDonRnt. 'l' designate the Harnett county Transportation Procuremen~ Department (Trancportation Department) to be the County's lead a~ency in cccrdinatinq/providing transportation for human service agencies. ~nmmpntAt Thp H"TnAtt County Ttanagg.tftti9n/Procurement Department was established in 1988 to serve as the County's lead agency to coordinate/provide transportation for human service agencies. - ~- - (1) --- 209 Q2mDonent ttl create and fund a full-time director of transport~tion system's position to be located in the Transportation Department. ~ents: Harnett County created a full-time director posi tion for the Harnt:tt county Transportation/procurement Department in ~988. I Comoonent {3) direct all County agencies and other,agencies participating in the transpol~ation system to provld~ information and assistance to the lead agency. comme~;. This is inplace with the follow!pg excePtions; (a) Benly-Roberts has dropped from partin;pat.;ng in the Tnp an~ (b) the Harnett county Department of Human Resources no longer operates a program that transports mental, physical or economically handicapped clients. Comnonen~ '4\ direct all County agencies and other agencies participating in the transportation system to begin to u~e fixed routes/fixed schedules to the greatest ext7nt posslble -coordinatil'9' scbeaulil'\.;t 1:lu:..:ruojlh tb6 T1:AuD!-'UL LClL.LUU Department. ~OIlUDUDt.B' The Kentu.l Health ~enter and 11arne1:t .1'roduc1:1on ~n~erprise are ~e major agencies prOV1Q1ng transportation to cliente: impaotod by Harnott county I G TOt'. Both of these aqencitils use 1I .ri.xts~ rou\;.ts/fl.xed ::schedule. ECich Cigency provides thA Transportation Department with their schedules. eomnoben~ (S\ by July 1989 have the ownership/oontrol of all vehicies to be used by the transportation system under the Trans~ortation Oepartment. Comments: This has been uutll;l Lhruuyh is c.:ontrCic.:t 'Ill th the Harnett County council For the Aging. Comnonent f6\ by July 1989 authorize the Transportation Dep~rtment to purchase a bulk fuel storage tank and locate it in or around Dunn and to sell fuel - provide vehicle m~intel)ol)'10Et t:.u ptl.rtlelplitinq &!qencies. commen~B~ The Transportation Department has not purchased a bulk fuel storage tank and looated it in or around Dunn and to sell fuel. AItl;l.t. Lurl:.htlr tsVdludtlcn of the routes Qf Hamatt ~roduotioft Eftter~~ises veaieles, fuelin~ eould b~ performed at Lillington based facilities. The Department does provide vehicle maintenance to vehicles used by participating agencies. Comaonent (1\. by July 1989 have all County agencies and other partiCipating agencies in the transportation system schedUling vehicles through the Transportation Department. comments! The majority of vehicles are located at the Mental Health Center and Harnett Production Enterprises. Each agency provides the Transportation Oepartment with schedules of when VehiCles are used. The Transportation Department can schedule the use of these vehicles by other agencies. The Transportation Department has been limited in its ability to coordinate and schedule vehicles within the service delivery of the TDP due to the lack of a Transportation Coordinator's position with a 100' commitment to transportation. The ~ransportation Coordinator's position within the Harnett county Transportation/ Procurement Department has had responsibilities outside of transportation. This has been a major obstacle for the full implementation of the County's Updated 1987 Transportation Development Plan. The County has approved a full-time Transportation Coordinator's position to be inoluded in its FY 1992 budget. Com~onen~ IA\ by July 1990 the Transportation Department will own, operate and maintain vehicles, schedule vehicles and provide drivers to meet the transportation needs of County human service programs/agencies. Comments! Prior comments have addressed the Trahsportation/ Procurement Department's ownerShip: operation and maintenance: and scheduling of vehicles. These comments have not addressed drivers. Without a full-time Transportation Coordinator, the County has not been able to develop a ooordinated system that will enable Harnett county to provide drivers. Also the physical location of Harnett PrOduction Enterprises (Dunn) is a major obstacle to the full implementation of the TOP - including driver utilization. The Transportation/ Procurement Offioe is in the process of phasing in part-time drivers. It is hoped that this will lead to the use of full-time driver positions. Major products that have been produoed are: 1. The Harnett County Transportation/Procurement Department has been designated and given authority to act as the County's lead transportation aqenoy. 2. A full-time transportation system director's position has been created and placed in the Harnett County Transportation/Procurement Department. 3. Vehicle ownership/control 1s under the Harnett County Transportation/Procurement Department. - -- - - - ---.- - 210 4. County maintenance of vehicles. 5. Scheduling of vehicles through the Transportation/ Procurement Department. 6. Acquisition of new vehicles to replace older vehicles with high mileage and maintenance costs and to provide adequate system backup. The following major objectives have been met: -The TDP system to collect data has been consolidated. -A lead agency (Harnett county Transportation-procurement Department) has been authorized to implement and refine through direct involvement the implementation, administration of the transportation system including control of vehicles, scheduling of vehicles and provision of drivers through the Harnett County Transportation-Procurement Department. -A fUll-time staff position has been authorized to be placed in the Harnett County Transportation-Procurement Department for FY 1992. The responsibility of this position will be to implement the county's transportation program for human service agencies participation. -Driver positions have been included in the County's FY 1992 budget. II. 1991 TBANSPORTATIOR DBVBLOl'KBft PLAH GOALS >>m OBJBCTIVES Harnett County has made great strides in implementing its 1987 Transportation Development Plan. Its inability to fUlly meet the proposed service design has been due to three major factors: (1) the responsibilities given the Transportation Coordinator position included procurement work, (2) Henly-Roberts decision to not participate in the TDP and (3) the physical location of Harnett PrOduction Enterprises facility. With the Transportation Coordinator position inclUding procurement activities, the Coordinator was not able to devote adequate time to implementing the interactions of participating agencies. The departure of Henly-Roberts resulted in a major source of vehicles in central Harnett not beinq available tor system-wide use. The deletion ot these vehicles results in the two major sources of vehicle utilization beinq Harnett Mental Health and Harnett Production Enterprises. Harnett PrOduction Enterprises with approximately sot of the systems vehicles is located 1n Dunn (eastern portion of the County) . This results in vehicles being available for use but at a location that is not advantageous for system-wide utilization. Harnett County's Amended Transportation Development Plan goals and objectives for 1991 follow. Goals 1. Make the Harnett County Transportation/Procurement Department's coordinated transportation delivery system more effective. 2. Upgrade the transportation fleet. 3. Update the Transportation Development Plan to enable a continuation of consolidation efforts beginning in 1992. ob;eet:iveB 1. Employ a full-time Transportation Coordinator that will devote 100% of time to the implementation and further development of Harnett county's Transportation System. 2. Begin to employ part-time drivers to provide transportation for participating agencies. 3. Seek 16(b) (2) assistance to meet vehicle needs. 4. Enter into a contract ~ith a consultant to update the County's TDP and have TOP adopted by end of the year. (5) 2 1 1 Activities 1. Adv.e:1:til:iC, luLl::JLVlt:llw and t!ll the lull-time 'J:ranspon:at:1on Coordinator's position contained in the County's FY 1992 budget. 2. Advertise and fill drivers positions. 3. Initially have the Transportation coordinator direct efforts to work with Harnett Mental Health and Harnett Production Enterprise to have the Transportation Department develop fixed routes/fixed schedUles. 4. The Transportation coordinator will explore the feasibility of hirinq drivers and allowinq drivers to oriqinate, terminate trips from their place of residence. It is felt that this activity could result in a greater utilization of vehicles - especially those used by Harnett Production Enterprises. Between the morning and afternoon schedule, as well as at night the vehicle and driver would be in a position to serve additional transportation system needs. 5. The Department of social Services will initially use private vendors for its Job Service and Medicare transportation needs. The Department throuqh the Transportation Coordinator shall make efforts to shift Job Service and Medicare transportation from private vendors to the Harnett County Transportation Department. III. NIlE)) J'OR 1& (b) (2) USIBTlUfC!l CUrrent data on the County's current transportation fleet is attached as is its proposed Vehicle Rehabilitation and Replacement Chart. The estimates of transportation needs contained in the County's TDP have remained constant. The updated TDP will take into aocount the County's service delivery as it becomes more efficient. The vehicles being requested for replacement are needed to maintain the existinq system's need and will be taken into account when assessinq the system's need for upcolDing years. NOTES: 1. Rehabilitated 1986 2. Rehabilitated 1989 3. Rehabilitation has been started - 1990 (Gradual) I ---- -- 212 HARNETT COUNTY AMENDED VEHICLE REPLACEMENT/REHABILITATION SCHEDULE Table 47 HARNEtT COUNTY TRANSPORTATION DEVELOPMENT PLAN 3-21-91 .. , ....r1nciple J , ./ :ounty Veh~cle Vehicle Vehicle OperatiD Year Year Year Year Year Vin Identification Fleed Year Hake Type Agency U8 7-88 1988-89 .1989-90 1990-91 1991-92 Number . 7901 1983 Plymouth Van BPE Use ~ Use ~ Rehab Use ~ Replace 2PSWB31WODK363127 7902 1985 Dodge Van BPE Use Use Use Use Use 2BSWB31WXFK27S738 . , , lJ} 7903 1984 Ford Van . BPE , Use Use Use Rehab Use IF~HS31G2EHB71761 (3;: .. 7904 1983 . Ford Lift Va,l BPE Use Use Rehab Use Use IFTJS3SG8DHB342S2 , (3) . 7905 1983 Plymouth Van BPE Use Use Rehab Use Use ZPSWB31W7DK3S3125 (3) . . . 7906 1983 Ford Lift Va I BPE Use Use Rehab Use Use 1FTJS3SG6DHB34251 7907 1985 Dodge . Vab BPE Use Use Use Use Use 2B5WB31WIFK275739 7910 I 1988 Dodge Van BPE New , Use ., USe Use 2B5WB31WOJK166827 Center 7912 1990 Dodge Aisle BPE New Use 2B7KB31Z0LK787973 . I 7913 1984 Ford Van BPE Use Use Use Use Use IFBHS31G4EHB71762 0) . , . . I B36KTAX133702 7908 1980 Plymouth Van BPE Use Use Use Use Replace ,ten tal . . . , Use , IFDKE37H6JHB61135 7909 1988 Ford Cut-a-Wa ealth New Use Use !222 1990 Dodge Center Senior Aisle Citizens New Use 2B7KB31Z9LK787972 . HARNETT COUNTY AMENDED SUMMARY OF CURRENT VEHICLE INVENTORY HARNETT COUNTY TRANSPORATION DEVELOPMENT PLAN March 18,1991 I County Vehicle Vehicle Vehicle Seating Operating Current Annual Vin Identification Fleet , Year Make Type Capacity Agency Hileage HHeage Number (2) 7901 1983 Plymouth Van 14 HPE 160872 10824 2P5WB31WODK363127 . 7902 1985 Dodge Van 14 HPE 99360 11808 2B5WB31WXFK275738 (3) 7903 1984 Ford Van 14 HPE 124512 20664 IFBHS31G2EHB71761 (3) I Lift-Van 7904 1983 Ford 7 UPE 124944 11316 IFTJS35G8DHB34252 (3) 7905 1983 Plymouth Van 14 UPE 126419 21648 2P5WB31W7DK363125 (3) I IFTJS3SG6DHB342S1 7906 1983 Ford Lift-Van 7 UPE 128550 15990 7907 1985 Dodge Van 14 BPE 111627 15252 2B5WB31WIFK275739 7910 1988 Dodge Van 14 HPE ,61533 19680 2BSWB31WOJK166827 , Dodge Genter Aisle I 7912 1990 Van 15 HPE 4240 11300 2B7KB31Z0LK787973 7913 1984 Ford Van 14 HPE 58881 11000 IFBHS31G4EHB71762 (1) 7908 1980 Plymouth Van 14 HPE 145307 12792 B36KTAX133702 . 7909 1988 Ford Cut-A-Way 17 Mental 50930 21000 IFDKE37H6JHB61135 I I I Health I I I Center Aisle Senior 2222 1990 Dodge Van IS Citizens 2293 10000 2B7KB31Z9LK787972 I * A f~lDt of ~ r.ar~pool vehicl~8 are avai1~le for use.~enever neCe8~ry I I .- · 3 1..1 HARNETT COUNTY NORTH CAROLINA ATTACHMENT 3, RESOLUTION AMENDING THE HARNETT COUNTY EMERGENCY MEDICAL SERVICES OPERATING POLICIES FOR HARNETT COUNTY, NORTH CAROLINA, ADOPTED JANUARY 3, 1989 THAT WHEREAS, the Harnett County Board of Commissioners adopted the Harnett County Emergency Medical Services Operating Policies on January 3, 1989; and WHEREAS, this Board is of the opinion that the amendments set forth below are necessary to the clear and efficient working of the Operating Policies. NOW THEREFORE, BE IT RESOLVED that Policy Statement Number 3.05 and policy Statement Number 3.06 of the Operating policies are hereby deleted in full and replaced with amended policy Statement Number 3.05 and Policy Statement Number 3.06 as provided below. Policv statement Number 3.05 SUBJECT: Daily station and Equipment Clean-Up , 1- Purpose: To establish guidelines to insure that EMS stations and equipment are properly cleaned each day. 2. Policy: 2.1 The EMS workday will begin promptly at 7:00 a.m. and end the next morning at 7:00 a.m. or as soon thereafter as possible. Personnel may relieve a member of the off-going shift between the hours of 6:30 a.m. and 7:00 a.m. if approved by the Shift Supervisor, Assistant Director, or Director. 2.2 The first daily responsibility will be to check and supply each unit. This responsibility should start promptly at 7:00 a.m. and the driver should determine if the unit can be safely operated and the attendant should check the equipment according to the standard checklist. 2.3 Areas that require daily cleaning shall be determined by EMS Management and distributed to employees. In addition, a copy shall be posted one week prior to the first of the month. The Shift Supervisor is responsible for insuring proper daily cleaning. 2.4 If a shift elects to cook at the station it is that shift's responsibility to clean the kitchen area as soon as possible after each meal. Dishes are to be washed, dried, and placed in the appropriate cabinet or drawer before the end of the shift. 2.5 If a crew elects to eat out during their 24 hour shift, they must: 1. Take the ambulance and remain available for call during the meal. They must give their location upon notifying the dispatcher they are out for a meal. 2. The unit must remain in the designated meal area, so determined by the Director or Assistant Director. 2.6 If one unit is being dispatched or is on a call, the other units may check out for a meal but must: 1. Remain available for calls during the meal. 2. Remain in their designated emergency response area, so determined by the Director or Assistant Director 2.7 Wake-up time at all EMS Stations will be no later than 6:30 a.m. Policy Statement Number 3.06 SUBJECT: Weekly and Monthly Clean-Up 1. Purpose: To establish special cleaning assignments to insure each EMS station is properly cleaned. 2. Policy: 2.1 The weekly and monthly cleaning of the EMS stations and equipment will be determined by EMS management. The proper sequence of cleaning will be distributed to employees annually. In addition, a monthly notice will be posted one week prior to the first of the month. The Shift Supervisors are responsible for insuring proper weekly and monthly cleaning. The above Operating Policies amendments will be effective April 1, 1991. Duly adopted this 1st day of April, 1991. HARNETT COUNTY BOARD OF COMMISSIONERS .ATTEST: ,~~ /27 ~vJ [ . L yd&G. Stewart, Chairman 1,...~ '1'J. 't~~/ Vanessa W. Young, -ler~ 214 '. ATTACHMENT 4, RESOLUTION APPOINTING MEMBER TO THE DISTRICT BOARD OF THE NORTHEAST METROPOLITAN WATER DISTRICT OF HAR....~.I-.I- COUNTY WHEREAS, Chapter 162A, Article ~ of the General Statues of North Carolina, as amended, provides that the Board of Commissioners shall appoint three of the Board members of a duly created Metropolitan Water District; and WHEREAS, the Northeast Metropolitan Water District of Harnett County, North Carolina was duly created on April 1~. 1976; and WHEREAS, the term of Leonore Tuck expires on April 11.., 1991. NOW, THEREFORE, BE IT RESOLVED BY THE lll\Rhs:..I-.I- COUNTY BOARD OF COMMISSIONERS that Leonore Tuck be and she is hereby reappointed to the District Board for a term expiring on April 1~, 199~. DULY ADOPTED THIS THE 1'lt..- DAY OF Anri! , 1991. Upon motion of Commissioner Iiw1:iDJ1 , seconded by Commissioner c;.Ual-r , and passed by the following vote: YEAS 4 NOES 1 ABSENT 0 ABSTAINED 0 - HARNETT COUNTY BOARD OF COMMISSIONERS By: ~s~~~~ Chairman ATTEST: ~ 'iJ. 'Ii""" Vanessa W, Young 0 Clerk to the Boa ATTACHMENT 5. Resolution Approving specifications and Authorizing Advertisement for Bids (Elevated Tank Painting Project - Metro Ro.4) THAT WHEREAS, pursuant to Resolution adopted by the Board of Commissioners of the County of Harnett (hereinafter sometimes referred to as the "Board") on February 18, 1991, the engineering firm of Marziano & Minier, P,A. was, among other things, given direction to proceed with the preparation of the necessary items to undertake the Elevated Tank Painting Project for the tank sometimes referred to as "Metro No.4"; and WHEREAS, Specifications and Contract Documents have now been prepared for the work involved with the Project and the same have been reviewed by the Harnett County Public Utilities Department; and WHEREAS, the said Public utilities Department has recommended the approval of the referenced Specifications and Contract Documents and now requests permission to proceed with the advertisement for Bids for the Project; and , WHEREAS, the Board desires to approve said Specifications and Contract Documents and authorize the advertisement for bids for the work. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett that: 1. The Specifications and Contract Documents heretofore prepared by Marziano & Minier, P.A. for the Elevated Tank Painting Project - Metro . No. 4 and designated as M & M Job No, 91009 shall be and same hereby are approved, -- --.- 215 : 2. The advertisement for bids for the work associated with said Project is hereby authorized and the appropriate officers, agents and representatives of the County of Harnett shall be and hereby are authorized and empowered to take such actions as are necessary to proceed with said bid process. Duly adopted this 1st day of April, 1991 upon motion made by Commissioner Shaw , seconded by Commissioner Hill , and adopted by the following vote: Ayes 5 Noes 0 Absent 0 Board of Commissioners of Harnett County By: ~ AI /fI~ Ll yd . Stewart;Chairman of the Board of Commissioners Attest: ~ 'tJ. '-V'"J/,t Vanessa W. Young'q{) Clerk to the Boar A TT ACm.IENT 6, Resolution Authorizing Execution of Agreement Providing for the Acquisition of the Carolina Lakes Water System THAT WHEREAS, the Board of Commissioners of Harnett County sitting as the governing body of Southwest Water and Sewer District of Harnett County (hereinafter sometimes referred to as the "Board") has reviewed and considered that document entitled "Agreement" between Carolina Lakes Corporation and Southwest Water and Sewer District of Harnett County, a copy of which is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, said Agreement relates to the acquisition of the water sy~tem serving Carolina Lakes Subdivision by said Dist=ict; and WHEREAS, the Board has determined that it desires to enter into said Agreement as set forth. 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 that: 1- Southwest Water and Sewer District of Harnett County is hereby authorized to enter into that Agreement a copy: of which is attached hereto as Exhibit A and incorporated herein by reference. 2. The Chairman of and Clerk to the Board of Commissioners sitting as the governing body of the District are authorized to execute the original of said Agreement. - -- 216 3, The appropriate officers, agents and representatives of the District are hereby authorized and empowered to do such acts and things as are provided for in said Agreement so as to effectuate the intent and purpose thereof, Duly adopted this 1st day of April , 1991 upon motion made by Commissioner Shaw , seconded by Commissioner Hill and adopted by the following vote, Ayes 4 Noes 1 Absent 0 Board of Commissioners of the County of Harnett sitting as the governing body of the Southwest Water and Sewer District of Harnett County By ~ ):J A:"'''''; , L yd G, Stewart, Chairman of the Board At! l 1 /I '1J(1_-., ~A!~ (,{ ), '-( iU .v.--J,/ Vanessa W. Young, ;- tI Clerk to the Board of~he District Exhibit "A" NORTH CAROLINA AGREEMENT HARNETT COUNTY THIS AGREEMENT is made and entered into this day of , 1991, by and between CAROLINA LAKES CORPORATION, a corporation duly organized and existing under the laws of the State of North Carolina, with offices located at Route 6, Highway 87 (South) , Sanford, North Carolina 27330 (hereinafter sometimes referred to as "Lakes") and the SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY, a county water and sewer district organized and existing under the provisions of Chapter 162A, Article 6 of the General Statutes of North Carolina, with its administrative offices located on East Front Street, Lillington, North Carolina 27546 (hereinafter sometimes referred to as "District") WITNESSETH: THAT WHEREAS, Lakes owns and operates a water supply and distribution system serving the residents of a subdivision known as "Carolina Lakes" which is located within the boundaries of the Southwest Water and Sewer District of Harnett County; and I WHEREAS, the District is installing and constructing a water distribution system within its boundaries; and WHEREAS, the District desires to purchase the water distribution system serving Carolina Lakes so as to incorporate the same into its overall District water distribution system; and WHEREAS, Lakes desires to sell the said water distribution system to the District; and WHEREAS, Lakes and the District desire to set forth herein the terms and conditions of the purchase and sale of said water 1 ---- - - - - - - 217 distribution syste~ and other matters related thereto. NOW, THEREFORE, in consideration of the mutual 1 representations, warranties, covenants and agreements contained herein, and for good and valuable consideration the receipt and I sufficiency of which are hereby acknowledged, the parties hereto agree as follows: SECTION ONE REQUIRED APPROVALS A. Local Government Commission In the event that this Agreement is determined to be subject to the approval of the Local Government Commission, Department of state Treasurer, State of North Carolina, the same shall not be binding until such approval is obtained, If applicable, the District agrees to take such reasonable action as is necessary to apply for and obtain such approval, B. Utilities Commission The transfer of the Lakes water system as provided in this Agreement is subject to approval and authorization by the Utilities Commission of the State of North Carolina, and such transfer shall not be effectuated until such approval and authorization is obtained, The District and Lakes agree to take such reasonable action as is necessary to apply for and obtain such approval and authorization, C. Farmers Home Administration The construction and installation of the District's water distribution system is being funded, in part, by certain grant and loan funds from the Farmers Home Administration of the United States Department of Agriculture, The provisions of this Agreement pertaining to the undertakings of the District are conditioned upon I the approval in writing, of the appropriate official(s) of the Farmers Home Administration, D, Department of Environment, Health and Natural Resources This Agreement is subject to the requirement that the Lakes water system shall have received all approvals as required by the Water Supply Branch, Department of Environment, Health and Natural Resources of the State of North Carolina. Lakes agrees to provide evidence of the existence of such approval(s) to District or otherwise take such actions as are necessary to obtain the same. SECTION TWO LAKES WATER SYSTEM That property which is to be sold by Lakes and purchased by the District, which shall hereinafter be referred to as the "Lakes I water system," is all that property, whether real or personal , which comprises the water supply and distribution system existing as of the date of this Agreement which supplies water to the Carolina Lakes Subdivision and includes all tanks (including elevated storage tanks), tank sites thereto pertaining, all filters and related treatment facilities, all water service pipelines, laterals and mains thereto pertaining and all meters and meter service facilities and such other related appurtenances as are attendant thereto, together with continuous and adequate easements and rights of way over such lanps necessary to use, operate, inspect, maintain, replace, remove, change the size of or protect said water supply and distribution system and to further erect, 218 construct, install and lay future additions to the same when needed to provide adequate service, SECTION THREE PURCHASE AND PURCHASE PRICE , I Subject to the terms and conditions contained in this Agreement, Lakes hereby agrees to sell the Lakes water system to District and District hereby agrees to purchase the Lakes water system from Lakes, The purchase price for the Lakes water system shall be Five Hundred Thousand (500,000,00) Dollars. SECTION FOUR CLOSING A, The closing shall be on a date and at a time and place mutually agreed upon by Lakes and the District, provided, however, except as provided in Subsection F below, that the closing shall take place not later than thirty (30) days after the proceeds from the sale of the water bond(s) of the District (to be sold upon completion of the District's water facilities project) are made available to the District, or July I, 1992, whichever occurs first. S, Upon the payment of the purchase price at closing, Lakes shall convey to the District by good and sufficient deed(s) and/or other document(s) of conveyance the Lakes water system, free and clear of all liens, judgments, and/or encumbrances of whatsoever nature, The deed(s) and/or other document(s) of conveyance shall be in a form and substance approved by the District. C. At closing, Lakes shall provide such documentation as may be requested by District to certify that the representations, warranties and covenants made by Lakes in this Agreement are true and correct as of the date of such closing, D, On the closing date, Lakes shall not be in default in the performance of any covenant or agreement to be performed by Lakes under this Agreement, .. E. On the closing date, all representations, warranties and covenants made by Lakes in this Agreement will be true and correct, without exception, as if made on and as of the closing date. F. In the event all conditions, representations, warranties, covenants and agreements herein set forth shall not have occurred and/or shall not be fully satisfied at the time of closing, then District in its sole discretion and without waiving any of its rights hereunder, may elect to extend the closing date until such time as the same have occurred and/or shall be fully satisfied. SECTION FIVE REPRESENTATIONS, WARRANTIES AND COVENANTS OF LAKES Lakes hereby represents, warrants and/or covenants to I District as follows: A. It is the owner of the Lakes water system and it may convey the same free and clear of all liens and encumbrances and Lakes agrees that it will warrant and defend the conveyance of and title to the same against the claims of all persons whomsoever and all entities whatsoever. B. The Lakes water system as of the date of this Agreement is in no manner whatsoever encumbered by mortgage, deed of trust or otherwise and Lakes agrees not to encumber the same, unless specifically agreed upon by District, in any manner whatsoever, by mortgage, deed of trust or otherwise and that should any judgment, 219 lien, or other encumbrance attach to said system by virtue of its ownership thereof, it will immediately make full acquittance therefor and fully discharge said encumbrance, C. Carolina Lakes Corporation is a corporation duly organized and existing under the laws of the State of North Carolina and in good standing in such State, It is duly qualified to transact business in each state in which it has transacted business, and has full power and authority to carryon its business as presently conducted, to own and operate its assets, properties and business, and to execute this Agreement. D. All of the issued and outstanding shares of the capital stock of Carolina Lakes Corporation are validly issued and outstanding, fully paid and non-assessable, There are no outstanding subscriptions, options, rights, warrants, causes, commitments or agreements relating to the shares of capital stock of said Corporation. E. No proceedings are presently pending nor, to the knowledge of Lakes, threatened, for the taking by exercise of the power of eminent domain, or in any other manner, for a public or quasi-public purpose, all or any part of the Lakes water system. F. No unpaid special assessments have been levied against the Lakes water system nor, to the knowledge of Lakes, is there any proposed special assessments against the Lakes water system presently pending or otherwise, G, As to the Lakes water system, to the best knowledge of Lakes, no violation of existing fire, flood, dam, health, life, safety, environmental or zoning laws has been claimed by any governmental or public authority, The Lakes water system, nor any part thereof, has ever, to the best of Lakes' knowledge, been used as a dump site or for the storage (whether permanent or temporary) of a hazardous material. H. There is not pending, nor, to the knowledge of Lakes, is there any threatened litigation, arbitration or administrative proceeding involving in any manner the Lakes water system or the ownership, leasing, operation, management, use or maintenance thereof, 1. There are no due, unpaid or delinquent sums owing by Lakes under any lease, contract, license or permit or for any service, energy, utility or other agreement relating to the Lakes water system, J, Lakes is not subject to any commitment, obligation, or agreement, including but not limited to, any right of first refusal I or option to purchase granted to a third party, which would or could prevent the conveyance of the Lakes water system under this Agreement or which would bind District subsequent to the execution of the same. K, No federal, state or local taxing authority has asserted any tax deficiency, lien, or assessment against the Lakes water system which has not been paid, L. There are no outstanding accounts payable or mechanic's Hens or rights to claim of lien in favor of any contractor, materialman, or laborer or any other person or entity in connection with the construction of any portion of the Lakes water system; that there has not been any work performed or materials supplied - - 220 to the Lakes water system or contracts entered into for work performed or materials to be supplied to the same prior to the date hereof which has not been fully paid for which would give rise to the filing of such liens against the Lakes water system; that Lakes shall be responsible for any and all claims for mechanic's liens and accounts payable that have arisen or may subsequently arise due to contracts entered into for and/or any work performed on, or material supplied to, the Lakes water system prior to the date of commencement of the interim management and operation period. M, The execution and delivery of this Agreement, and the execution by Lakes of this document do not conflict with any judgment, order or decree of any court or arbiter to which Lakes is a party, and do not conflict with and will not constitute a breach of, or a default under, any contract, undertaking, indenture or other agreement or instrument to which Lakes is a party. N. There is not pending against Lakes, nor any of the directors and officers of the Lakes, any petition in bankruptcy, whether voluntary or otherwise, any assignment for the benefit of creditors, any petition seeking reorganization or arrangement under the Federal Bankruptcy Code or any other action brought under the applicable state of federal bankruptcy laws. O. There are sufficient easements and rights of way described as part of the Lakes water system for the normal and customary ingress and egress to and from the same, so as for District to operate and maintain the Lakes water system. P. Lakes has previously obtained all permits, licenses, approvals, and easements, and has fulfilled all governmental requirements and conditions appertaining to the ownership and operation of the Lakes water system. Q, No proceedings are pending nor threatened, nor does Lakes know of any facts or circumstances, which might result in administrative or judicial action, resulting from Lakes' ownership of the Lakes water system, R. The representations, warranties and covenants contained in this Agreement shall continue and be and remain as herein stated, SECTION SIX INDEMNIFICATION REGARDING LINE LOCATIOR Lakes does, insofar as it legally may, hereby assumes and agrees to indemnify and hold harmless the District, its successors and assigns, from and against all loss, costs, expenses, including attorneys' fees, claims, suits and judgments whatsoever in connection with any loss, expense or liability incurred by the District caused by or in any way connected with the presence and/or I existence of any part or portion of the Lakes water system in a location outside the boundaries of the designated sites, rights of way and/or easements therefor as shown on the records of the Harnett County Register of Deeds, and/or the presence and/or existence of the same in a location or locations different from that or those designated by Lakes. SECTION SEVEN LAKES' RETENTION OF TITLE Upon execution of this Agreement and thereafter until closing, Lakes agrees not to do any act to cause a dissolution of its 221 corporate existence or a forfeiture of its rights, privileges, and easements or divest or in any manner impair its ownership or title to the Lakes water system. SECTION EIGHT INTERIM MANAGEMENT AND OPERATION After the required approvals for this Agreement are obtained, for the purpose of facilitating the installation and construction of the District's water distribution system, it is agreed that the District shall cause the Lakes water system to be operated and managed as part of its water distribution system. Such interim period of operation and management shall commence at a time mutually agreed upon by the District and Lakes and shall continue until closing, after which time said Lakes water system shall be owned, operated and managed by the District. It is understood that the system of the District and the Lakes water system (during the interim period described and thereafter) shall be operated and managed by the Harnett County Department of Public Utilities under authority of the District. It is agreed that during the interim period described: A. District shall have full, complete and exclusive authority to manage and operate the Lakes water system. B. The District shall be entitled to collect and retain all revenues and other charges from and relating to the Lakes water s.ystem. C, The District shall establish and set the rates of charges for the purchase of water, and for such other fees, charges, and penalties as required for the operation of said Lakes water system including, but not limited to, tap on fees and connection charges. In addition, subject to applicable law, District shall adopt adequate and I'E~asonable rules and regulations to protect and regulate the Lakes water system, It is understood that the operation of the system shall be subject to and governed by said rules and regulations as adopted by the District and all fees, charges, and/or costs related thereto are controlled thereby and are subject to change, D. District, at its own expense, shall keep the Lakes water system in good repair and shall appropriately maintain the same in an efficient manner, E. District, at its own expense, shall keep insured against fire loss that~ portion of the Lakes water system that may be subject to destruction or damage by fire. In case of destruction or damage by fire all insurance proceeds shall be promptly applied to replace, restore, or repair such property or to construct or otherwise acquire other property for the maintenance or operation of the Lakes water system. . District may adopt other plans or methods to protect against loss by fire, whether by the establishment of an insurance fund or otherwise, so long as the same is acceptable under statute. F. District, at its own expense, shall obtain and keep public liabillty insurance in force and effect during the described interim period. District may adopt other plans or methods of providing for protection as are offered by such insurance, whether by the establishment of an insurance fund or otherwise, so long as the same is acceptable under statute. 222 G. No rental paymen~ and/or other charges shall be due from the District to Lakes, H. District shall have, without charge, the right to connect or interconnect the Lakes water system or portions thereof with any other water distribution system or portion thereof and shall have the further right, without charge, to transport water through the same. I. Lakes will permit the District to manage and operate the Lakes water system without hindrance from Lakes or anyone claiming under Lakes. Lakes warrants and will defend the District with respect to the same, SECTION NINE OPERATIONAL STATUS Lakes agrees that upon the commencement of the interim period of management and operation as herein provided, it shall cause the Lakes water system to be in good operating condition, fully capable of transporting potable water throughout the same, and to be in full compliance with all federal, state and local laws and regulations. Lakes further agrees to allow representatives of the District to have full and complete access to the entire Lakes water system and the appropriate information and documents regarding the same for the purpose of verifying that the above described conditions exist on that date, SECTIOR TEN TRANSITIONS OF OPERATIONS It is agreed that prior to the date of the transferral of the operation and management of the Lakes water system to the District, Lakes and the District shall collaborate in preparing for such transferal, Representatives of Lakes and the District shall meet as often as is required for the purpose of providing District's personnel the opportunity to become familiar with the system and its operations, and for the purpose of otherwise providing for an orderly transition of operations from Lakes to the District. Additionally, Lakes shall provide District with other information required for operations transition, including, but not limited to, water pipeline locations, shop drawings of specified materials and equipment as approved by the Department of Environment, Health and Natural Resources for construction, as built maps of the system, other utility service locations within Carolina Lakes, names, addresses and telephone numbers of all existing customers of the water system, flow and use data for said system and such other information as may be requested, SECTION ELEVEN TERMINATION OF USE OF EXISTING WATER SOURCE The District intends to acquire potable water for sale through the Lakes water system from the surface water source and treatment plant operated by the Harnett County Department of Public Utilities. Until such time as said water is available, the District will utilize the existing ground water source or sources. At such time as the surface water source is available, Lakes shall, at its cost and under supervision of District, detach the existing water source or sources from the Lakes water system, and District shall attach thereto the surface water source. No cross connection 223 shall be allowed to exist between the two water sources or between the surface water source and any pipeline containing a contaminant or any pipeline connected to other present or future sources of I water, The existing ground water source or sources shall remain available for the sole use of Lakes for the following purposes only: watering and maintenance of the golf course, construction and maintenance of roads and road rights of way and filling the lakes, Such use of the existing ground water source or sources shall be limited as stated unless otherwise agreed upon by the District. SECTION TWELVE EXPANSIONS OF LAKES WATER SYSTEM A. It is the understanding of the District that Lakes has previously conveyed the remaining unsold lots in Carolina Lakes Subdivision and certain properties adjacent thereto (intended for future development) to Patten Corporation and that said Patten Corporation intends to proceed with the future development of the said subdivision, It is the further understanding of the District that pursuant to contract dated April 20, 1988 and amended June 9, 1988 that Lakes has agreed to supply water to the existing subdivision and additional phases of said subdivision as the same are developed. The District is agreeable to providing potable water to said existing subdivision and additional phases thereof, but only to the extent as is herein specifically set forth and under the conditions herein described, The conditions set forth in this Section shall apply during the interim period of operation and management and thereafter. B, The District shall have no obligation whatsoever to lay, install and/or construct any new or additional water pipelines, laterals or other related facilities in the existing Carolina Lakes Subdivision, any expansion or addition thereto, or otherwise. C. The District agrees to provide water as described above to areas where new or additional water pipelines, laterals and other related facilities have been constructed in the existing Carolina Lakes Subdivision or any expansion or addition thereto, but only in the event the same have been installed and constructed by some person or entity other than the District in accordance with the then applicable policies, rules and regulations of the District, the Harnett County Department of Public Utilities and/or the County of Harnett. D, Any and all additional connections to the Lakes water system made hereunder are subject to and regulated by the policies, rules and regulations of the District and/or the Harnett County Department of Public Utilities and any such connection(s) thereto shall be approved by District and/or the Harnett County Department of Public Utilities prior to any such connection(s) being made, and it is understood that all fees, charges, connection fees and/or similar costs related to such additional connections are controlled by such Rules and Regulations as may be, from time to time, adopted by the District. E. Except as to the extent specifically set forth herein, County shall have no obligation(s) and/or responsibility(ies) to Patten Corporation and/or its 5uccessor(s) in interest under that contract heretofore mentioned dated April 20, 1988 and amended June 224 9, 1988; and Lakes hereby assumes and agrees to indemnify and hold harmless the District, its successors and assigns, from and against all loss, costs, expenses, including attorneys' fees, claims, suits and judgments whatsoever otherwise arising out of or in any way connected with said contract, SECTION THIRTEEN SERVICES PREVIOUSLY CONTRACTED FOR BY LAKES In the event Lakes or any predecessor in interest to Lakes has promised or otherwise agreed to provide water services to any person(s), corporation(s) or other entity(ies) or to any lot or lots, or other parcels of property located within the Carolina Lakes Subdivision, as now existing or expanded, or otherwise, and such service or services have not been provided, it is understood that District shall have no obligation to make such service or services available, and Lakes shall and hereby does assume, and agrees to indemnify and hold harmless the District, its successors and assigns, from and against all loss, costs, expenses, including attorneys fees, claims, suits and judgments whatsoever in connection with the absence or nonusability of such service or services. It is the understanding of District that Lakes has previously installed complete meter service facilities to certain vacant lots in the subdivision, Lakes agrees to provide District a map(s) and/or listing of such lots. District agrees to purchase said meter service facilities from Lakes at the cost of $250.00 per lot, the same to be paid to Lakes upon collection of the connection fee for said lot by District. SECTION FOURTEEN GENERAL PROVISIONS A. In the event Lakes should cease to own the Lakes water system, whether the result of legal process or otherwise, this Agreement shall be binding on Lakes' successor(s) in interest. It is further understood and agreed that the terms hereof are binding on the parties hereto and their successors, assigns and legal representatives, B, This Agreement is subject to such rules, regulations, or laws as may be applicable to such or similar agreements in this State and the parties agree to collaborate when necessary to obtain such permits, certifications, or the like as may be required to comply therewith. C. The provisions of this Agreement may be modified or altered by mutual agreement, provided, however, that when applicable, prior to such modification or alteration, approvals therefor will be obtained from the appropriate federal, state or local agencies, D, Any notice to be given hereunder to Lakes shall be made in writing and mailed by first class mail to Carolina Lakes Corporation at the following address: P. O. Box 2250 Sanford, NC 27330 Any notice to be given hereunder to the District shall be made in writing and mailed by first class mail to the Southwest Water and Sewer District of Harnett County at the following address: 225 p, 0, Box 759 Lillington, NC 27546 IE. This Agreement embodies the entire agreement between the parties in connection with the Lakes water system, and there are no oral or parole agreements I representations, or inducements existing between the parties relating thereto not expressly set forth herein and covered hereby. F, Each covenant, condition, warranty, indemnification and representation set forth herein shall survive the closing and delivery of the documents contemplated herein, including indemnifications, covenants and agreements which are to be performed or applied to circumstances subsequent to the closing date. G. This Agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year indicated. Executed by Carolina Lakes Corporation, the day of , 1991, CAROLINA LAKES CORPORATION By: William J, Brinn, Jr. President ATTEST: John Myles Secretary Executed by Southwest Water and Sewer District of Harnett County, the day of , 1991, SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY By: Lloyd G, Stewart, Chairman Harnett County Board of Commissioners sitting as the governing body of the Southwest Water and Sewer District of Harnett County ATTEST: Vanessa W. Young, Clerk to the Board and of the Southwest Water and Sewer District of Harnett County NORTH CAROLINA COUNTY ACKNOWLEDGMENT I, a Notary Public of the County and State aforesaid, certify that personally came before me this day and acknowledged that he is Secretary of Carolina Lakes Corporation, and that:by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by as its Secretary, Witness my hand and official stamp or seal, this day of , 1991. Notary Public My Commission Expires: "',r\ / Lio NORTH CAROLINA HARNETT COUNTY I, , a Notary Public of the County and State aforesaid, certify that Lloyd G. Stewart, who, being by me duly sworn, says that he is Chairman of the Board of Commissioners of Harnett County sitting as the governing body of the Southwest Water and Sewer District of Harnett County, and that I Vanessa W. Young is the Clerk of said Board, that the seal affixed to the foregoing and attested instrument is the seal of said District, and that said instrument was signed by him as Chairman in the above capacity and by the Clerk of said Board, who affixed the official seal of said District to said instrument; and that ~he said Lloyd G, Stewart in the above capacity acknowledged said ~nstrument to be the act and deed of the Southwest Water and Sewer District of Harnett County, Witness my hand and notarial seal, this the day of , 1991. Notary Public My Commission Expires: , ~his A9reement is approved on behalf of the Farmers Home Adm1n1strat10n, this day of , 1991. FARMERS HOME ADMINISTRATION By: ATTACHMENT 7, Resolution Authorizing Execution of Agreement Providing for the Acquisition of the Carolina Lakes .Sewer System THAT WHEREAS, the Board of Commissioners of Harnett County sitting as the governing body of Southwest Water and Sewer District of Harnett County (hereinafter sometimes referred to as the "Board") has reviewed and considered that document entitled "Agreement" between Carolina Lakes Corporation and Southwest Water and Sewer District of Harnett County, a copy of which is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, said Agreement relates to the acquisition of the sewer system serving Carolina Lakes Subdivision by said District; and WHEREAS, the Board has determined that it desires to enter into said Agreement as set forth. 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 that: 1. Southwest Water and Sewer District of Harnett County is hereby authorized to enter into that Agreement a copy of which is attached hereto as Exhibit A and incorporated herein by reference. 2. The Chairman of and Clerk to the Board of Commissioners sitting as the governing body of the District are authorized to execute the original of said Agreement. 227 3, The appropriate officers, agents and representatives of the District are hereby authorized and empowered to do such acts and things as are provided for in said Agreement I so as to effectuate the intent and purpose thereof. Duly adopted this 1st day of April , 1991 upon motion made by Commissioner Hudson seconded by , \ Commissioner Sh:;Lw and adopted by the following vote. Ayes 4 Noes 1 Absent 0 Board of Commissioners of the County of Harnett sitting as the governing body of the Southwest Water and Sewer District of Harnett County By:iff~tj /J /J1~~ - . Llgyd G, Stewart, Chairman of the Board A~: \ l .~~ 'fA,. "! ~dLC1f. Vanessa W, Young, - Clerk to the Board the ~strict Exh i bit "A ,. NORTH CAROLINA AGREEMENT HARNETT COUNTY THIS AGREEMENT is made and entered into this day of , 1991, by and between CAROLINA LAKES CORPORATION, a corporation duly organized and existing under the laws of the State of North Carolina, with offices located at Route 6, Highway 87 (South), Sanford, North Carolina 27330 (hereinafter sometimes referred to as "Lakes") and the SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY, a county water and sewer district organized and existing under the provisions of Chapter 162A, Article 6 of the General Statutes of North Carolina, with its administrative offices located on East Front Street, Lillington, North Carolina 27546 (hereinafter sometimes referred to as "District") WITNESSETH: THAT WHEREAS, Lakes owns and operates a sanitary sewerage collection and treatment system serving the residents of a I subdivision known as "Carolina Lakes" which is located within the boundaries of the Southwest Water and Sewer District of Harnett County; and WHEREAS! Lakes also qwns and operates a water supply and distribution aystem serving said subdivision, which system shall be sold and conveyed to District under and pursuant to an Agreement of even date herewith between District and Lakes; and WHEREAS, Lakes desires to convey its sanitary sewerage collection and treatment system to District so that the same may also become a publicly owned system; and , - -- ---- ------- -- -- - 228 WHEREAS, District desires to accept the conveyance of said system to it by Lakes; and WHEREAS, Lakes and District desire to set forth herein the terms and conditions of the conveyance of said sanitary sewerage - - : ~oll~ction and treatment system and other matters related thereto. , NOW, THEREFORE, in consideration of the mutual representations, warranties, covenants and agreements contained herein, and for good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: SEc'nON ONE \ REQUIRED APPROVALS A. Local Government Commission In the event that this Agreement is determined to be subject to the approval of the Local Government Commission, Department of State Treasurer, State of North Carolina, the same shall not be binding until such approval is obtained. If applicable, the District agrees to take such reasonable action as is necessary to a~ply.for and obtain such approval. a. Utilities Commission The transfer of the Lakes sewer system as provided in this Agreement is subject to approval and authorization by the Utilities Commission of the State of North Carolina, and such transfer shall not be effectuated until such approval and authorization is obtained. The District and Lakes agree to take such reasonable action as is necessary to apply for and obtain such approval and . " authorization. C, Department of Environment, Health and Natural Resources This Agreement is subject to the requirement that the Lakes sewer system shall have received all approvals as required by the Division of Environmental Management, Department of , Environment, Health and Natural Resources of the State of North Carolina. Lakes agrees to provide evidence of the existence of such approval (sd) to District or otherwise take such actions as are necessary to obtain the same, SECTION TWO LAKES SEWER SYSTEM That property which is to be conveyed by Lakes and accepted by the District, which shall hereinafter be referred to as the "Lakes sewer system, .. is all that property, whether real or personal, unless specifically excepted herein, which comprises the sewerage collection, treatment, and disposal system existing as of the date of this Agreement which provides sanitary sewerage disposal services to the Carolina Lakes Subdivision and includes I all sewer collection lines, laterals, and force mains thereto pertaining, all pump or lift stations, pump or lift station sites thereto pertaining, all sewer treatment facilities, sewer treatment facility sites, the existing lagoon and site upon which the same is located, such additional properties as may be required for the installation and construction of modules, lagoons and/or land application system facility enlargements for the appropriate treatment of all wastewater from all planned phases of the Carolina Lakes Subdivision as referenced in Memorandum dated March 6, 1990 from Division of Environmental Management, Fayetteville Regional ----- - - - - - 229 Office to the State Engineering Review Group of the Division of Environmental Management, Raleigh, N, C, , and such other related appurtenances as are thereto pertaining, together with continuous I and adequate easements and rights of way over such lands necessary to use, operate, inspect, maintain, replace, remove, change the size of or protect said sewerage collection, treatment and disposal system and to further erect, construct, install and lay future additions to the same when needed to provide adequate service. \ Excepted from the Lakes sewer system are the existing land application field and the facilities located thereon, which are understood to be replaced and taken out of operation by the date of closing. SECTION THREE CONVEYANCE AND CORSIDERATION Subject to the terms and conditions contained in this Agreement, Lakes hereby agrees to transfer and convey the Lakes sewer system to District and District hereby agrees to accept the transfer and conveyance of the Lakes sewer system from Lakes. The consideration for Lakes' transferal and conveyance is District's agreement to thereafter own, operate and maintain said system as a publicly owned utility. SECTION FOUR CLOSING A. The closing regarding the transfer and conveyance of the Lakes sewer system shall be on a date and at a time and place mutually agreed upon by Lakes and the District, provided, however, except as provided in Subsection F below, that the closing shall take place not later than the closing associated with the sale and purchase of the Lakes water system as described in the aforementioned agreement of even date herewith between Lakes and District, or July 1, 1992, whichever occurs first, B, At closing, Lakes shall convey to the District by good and sufficient deed(s) and/or other document(s) of conveyance the Lakes sewer system, free and clear of all liens, judgments, and/or encumbrances of whatsoever nature, The deed(s) and/or other document(s) of conveyance shall be in a form and substance approved by the District. C. At closing, Lakes shall provide such documentation as may be requested by District to certify that the representations, warranties and covenants made by Lakes in this Agreement are true and correct as of the date of such closing. D, On the closing date, Lakes shall not be in default in the I performance of any covenant or agreement to be performed by Lakes under this Agreement. E, On the closing date, all representations, warranties and covenants made by Lakes in this Agreement will be true and correct, without exception, as if made on and as of the closing date. F. In the event all conditions, representations, warranties, covenants and agreements herein set forth shall not have occurred and/or shall not be fully satisfied at the time of closing, then District in its sole discretion and without waiving any of its rights hereunder, may elect to. extend the c1bsing date until such time as the same have occurred and/or shall be fully satisfied. - - - - -- - -- ------ - 230 SECTION FIVE REPRESENTATIONS, WARRANTIES AND COVENANTS OF LAKES Lakes hereby represents, warrants and/or covenants to District as follows: A, It is the owner of the Lakes sewer system and it may convey the same free and clear of all liens and encumbrances and Lakes agrees that it will warrant and defend the conveyance of and title to the same against the claims of all persons whomsoever and all entities whatsoever, B, The Lakes sewer system as of the date of this Agreement is in no manner whatsoever encumbered by mortgage, deed of trust or otherwise and Lakes agrees not to encumber the same, unless specifically agreed upon by District, in any manner whatsoever, by mortgage, deed of trust or otherwise and that should any judgment, lien, or other encumbrance attach to said system by virtue of its own~rship thereof, it will immediately make full acquittance therefor and fully discharge said encumbrance. C. Carolina Lakes Corporation is a corporation duly organized and existing under the laws of the State of North Carolina and in good standing in such State. It is duly qualified to transact business in each state in which it has transacted business, and has full power and authority to carryon its business as presently conducted, to own and operate its assets, properties , and business, and to execute this Agreement. D. All of the issued and outstanding shares of the capital stock of Carolina Lakes Corporation are validly issued and outstanding, fully paid and non-assessable. There are no outstanding subsc::-iptions, options, rights, warrants, causes, commitments or agreements relating to the shares of capital stock of said Corporation, E. No proceedings are presently pending nor, to the knowledge of Lakes, threatened, for the taking by exercise of the power of eminent domain, or in any other manner, for a public or quasi-public purpose, all or any part of the Lakes sewer system, or the existing land application field and the facilities located thereon. F. No unpaid special assessments have been levied against the Lakes sewer system nor, to the knowledge of Lakes, is there any proposed special assessments against the Lakes sewer system presently pending or otherwise, G. As to the Lakes sewer system, and the existing land application field and the facilities located thereon, to the best knowledge of Lakes, no violation of existing fire, flood, dam, health, life, safety, environmental or zoning laws has been claimed by any governmental or public authority. The Lakes sewer system, the existing land application field, nor any part thereof, has ever, to the best of Lakes' knowledge, been used as a dump site or for the storage (whether permanent or temporary) of a hazardous material. H, There is not pending, nor, to the knowledge of Lakes, is there any threatened litigation, arbitration or administrative proceeding involving in any manner the Lakes sewer system, the ------------ -- - - - 231 existing land application field and the facilities located thereon, or the ownership, leasing, operation, management, use or maintenance thereof, I. There are no due, unpaid or delinquent sums owing by I Lakes under any lease, contract, license or permit or for any service, energy, utility or other agreement relating to the Lakes sewer system, the existing land application field and the facilities located thereon. ,J, Lakes is not subject to any commitment, obligation, or agreement, including but not limited to, any right of first refusal or option to purchase granted to a third party, which would or could prevent the conveyance of the Lakes sewer system under this Agreement or which would bind District subsequent to the execution of the same. K. No federal, state or local taxing authority has asserted any tax deficiency, lien, or assessment against the Lakes sewer system or the existing land application field and the facilities located thereon, which has not been paid. L. There are no outstanding accounts payable or mechanic's liens or rights to claim of lien in favor of any contractor, materialman, or laborer or any other person or entity in connection with the construction of any portion of the Lakes sewer system or the existing land application field and the facilities located thereon; that there has not been any work performed or materials supplied to the Lakes sewer system or the existing land application field and the facilities located thereon, or contracts entered into for work performed or materials to be supplied to the same prior to the date hereof which has not been fully paid for which would give rise to the filing of such liens against the Lakes sewer system or the existing land application field and the facilities located thereon; that Lakes shall be responsible for any and all claims for mechanic's liens and accounts payable that have arisen or may subsequently arise due to contracts entered into for and/or any work performed on, or material supplied to, the Lakes sewer system or the existing land application field and the facilities located thereon prior to the date of commencement of the interim management and operation period. . M. The execution and delivery of this Agreement, and the execution by Lakes of this document do not conflict with any judgment, order or decree of any court or arbiter to which Lakes is a party, and do not conflict with and will not constitute a breach of, or a default under, any contract, undertaking, indenture I or other agreement or instrument to which Lakes is a party. N. There is not pending against Lakes, nor any of the directors and officers of the Lakes, any petition in bankruptcy, whether voluntary or otherwise, any assignment for the benefit of creditors, any petition seeking reorganization or arrangement under the Federal Bankruptcy Code or any other action brought under the applicable state of federal bankruptcy laws. o. There are sufficient easements and rights of way described as part of the Lakes sewer system for the normal and customary ingress and egress .to and from the same, so as for District to operate and maintain the Lakes sewer system, - - - - - --- - - - 232 p, Lakes has previously obtained all permits, licenses, approvals, and easements, and has fulfilled all governmental requirements and conditions appertaining to the ownership and operation of the Lakes sewer system and the existing land application field and the facilities located thereon, Q, No proceedings are pending nor threatened, nor does Lakes know of any facts or circumstances, which might result in administrative or judicial action, resulting from Lakes' ownership of the Lakes sewer system, R, The representations, warranties and covenants contained in this Agreement shall continue and be and remain as herein stated, SECTION SIX INDEMNIFICATION REGARDING LIRE LOCATION Lakes does, insofar as it legally may, hereby assumes and agrees to indemnify and hold harmless the District, its successors and assigns, from and against all loss, costs, expenses, including attorneys' fees, claims, suits and judgments whatsoever in connection with any loss, expense or liability incurred by the District caused by or in any way connected with the presence and/or existence of any part or portion of the Lakes sewer system in a location outside the boundaries of the designated sites, rights of way and/or easements therefor as shown on the records of the Rarnett County Register of Deeds, and/or the presence and/or existence of the same in a location or locations different from that or those designated by Lakes. SECTION SEVER LAKES' RETEN'l'ION OF TITLE Upon execution of this Agreement and thereafter until closing, Lakes agrees not to do any act to cause a dissolution of its corporate existence or a forfeiture of its rights, privileges, and easements or divest or in any manner impair its ownership or title to the Lakes water system, SEC'l'IOR EIGHT INTERIM MANAGEMENT AND OPERA'l'IOR After the required approvals for this Agreement are obtained, it is agreed that the District shall cause the Lakes sewer system to be operated and managed as a publicly operated utility. Such interim period of operation and management shall commence at a time mutually agreed upon by the District and Lakes and shall continue until closing, after which time said Lakes sewer system shall be owned, operated and managed by the District. During the interim I period of operation and managerr.ent and until such time as the new land application fields and the facilities to be located thereon are in all manners complete and capable of operation in accordance with this Agreement, District shall and is hereby authorized to use the existing land application field and the facilities located thereon as if the same were part of the Lakes sewer system as herein defined. It is understood that the Lakes sewer system (during the interim period described and thereafter) shall be operated and managed by the Harnett County Department of Public Utilities under authority of the District. It is agreed that during the interim period described: - - - - -- - - 233 A. District shall have full, complete and exclusive authority to manage and operate the Lakes sewer system, and the existing land application field and the facilities located thereon. I B, The District shall be entitled to collect and retain all revenues and other charges from and relating to the Lakes sewer system. I C. The District shall establish and set the rates of charges for the services furnished, and for such other fees, charges, and \ penalties as required for the operation of said Lakes sewer system including, but not limited to, tap on fees and connection charges. In addition, subject to applicable law, District shall adopt adequate and reasonable rules and regulations to protect and regulate the Lakes sewer system. It is understood that the operation of the system shall be subject to and governed by said rules and regulations as adopted by the District and all fees, charges, and lor costs related thereto are controlled thereby and are subject to change, D. District, at its own expense, shall keep the Lakes sewer system in good repair and shall appropriately maintain the same in an efficient manner. E. District, at its own expense, shall keep insured against fire loss that portion of the Lakes sewer system that may be subject to destruction or damage by fire. In case of destruction or damage by fire all insurance proceeds shall be promptly applied to replace, restore, or repair such property or to construct or otherwise acquire other property for the maintenance or operation of the Lakes sewer s'Ys~em. .,. District may adopt other plans or methods to protect against loss by fire, whether by the establishment of an insurance fund or otherwise, so long is the same is acceptable under statute, F, District, at its own expense, shall obtain and keep public liability insurance in force and effect during the described interim period. District may adopt other plans or methods of providing for protection as are offered by such insurance, whether by the establishment of an insurance fund or otherwise, so long as the same is acceptable under statute. G. No rental payment and/or other charges shall be due from the District to Lakes, H. District shall have, without charge, the right to connect or interconnect the Lakes sewer system or portions thereof with any other sewerage system or portion thereof and shall have the further I right, without charge, to transport sewerage through the same. I. Lakes will permit the District to manage and operate the Lakes sewer system and the existing land application field and the facilities located thereon. without hindrance from Lakes or anyone claiming under Lakes. Lakes warrants and will defend the District with respect to the same. J, Lakes shall have the right to use an area, as agreed upon by the District, in the new land application fields for the purpose of growing grasses to be used on the Carolina Lakes golf course. Such use may continue until such time as Lakes no longer owns said golf course. --.--- - - - - 234 SECTION NINE OPERATIONAL STATUS Lakes agrees that upon the commencement of the interim period of management and operation as herein provided, it shall cause the Lakes sewer system and the existing land application field and the facilities located thereon to be in good operating condition, fully capable of collecting and treating all wastewater produced within Carolina Lakes, and to be in full compliance with all federal, state and local laws and regulations. Lakes further agrees to allow representatives of the District to have full and complete access to the entire Lakes sewer system and the existing land application field and the facilities located thereon, and the appropriate information and documents regarding the same for the purpose of verifying that the above described conditions exist on that date. SECTION TEN TRANSITIONS OF OPERATIONS It is agreed that prior to the date of the transferral of the operation and management of the Lakes sewer system to the District, Lakes and the District shall collaborate in preparing for such transferal. Representatives of Lakes and the District shall meet as often as is required for the purpose of providing District's personnel the opportunity to become familiar with the system and its operations, and for the purpose of otherwise providing for an orderly transition of operations from Lakes to the District. Additionally, Lakes shall provide District with other information required for operations transition, including, but not limited to, sewer pipeline locations, shop drawings of specified materials and equipment as approved by the Division of Environmental Management for construction, as built maps of the system, other utility service locations within Carolina Lakes, names, addresses and telephone numbers of all existing customers of the sewer system, flow and use data for said system and such other information as may be requested, SECTION ELEVEN EXPANSIORS OF LAKES SEWER SYSTEM A. It is the understanding of the District that Lakes has previously conveyed the remaining unsold lots in Carolina Lakes Subdivision and certain properties adjacent thereto (intended for future development) to Patten Corporation and that said Patten corporation intends to proceed with the future development of the said subdivision. It is the further understanding of the District that pursuant to contract dated April 20, 1988 and amended June 9, I 1988 that Lakes has agreed to supply sewerage treatment facilities for the existing subdivision and additional phases of said subdivision as the same are develop~d. The District is agreeable to providing sewerage treatment facilities for said existing subdivision and additional phases thereof, but only to the extent as is herein specifically set forth and under the conditions herein described. The conditions set forth in this Section shall apply during the interim period of operation and management and thereafter. B. The District shall have no obligation whatsoever to lay, - - - - install and/or construct any new or additional sewer pipelines, ---, -z 5 ~J laterals or other related facilities in the existing Carolina Lakes Subdivision, any expansion or addition thereto, or otherwise. C, The District agrees to provide sewerage treatment facilities as described above to provide service to areas where new or additional sewer pipelines, laterals and other related facili ties have been constructed in the existing Carolina Lakes Subdivision or any expansion or addition thereto, but only in the event the same have been installed and constructed by some person or entity other than the District in accordance with the then applicable policies, rules and regulations of the District, the Harnett County Department of Public Utilities and/or the County of Harnett. D. Any and all additional connections to the Lakes sewer system made hereunder are subject to and regulated by the policies, rules and regulations of the District and/or the Harnett County Department of Public Utilities and any such connection(s) thereto shall be approved by District and/or the Harnett County Department of Public Utilities prior to any such connection(s) being made, and it is understood that all fees, charges, connection fees and/or similar costs related to such additional connections are controlled by such Rules and Regulations as may be, from time to time, adopted by the District. E. Except as to the extent specifically set forth herein, County shall have no obligation(s) and/or responsibility(ies) to Patten Corporation and/or its succeSSOr(B) in interest under that contract heretofore mentioned dated April 20, 1988 and amended June 9, 1988; and Lakes hereby assumes and agrees to indemnify and hold harmless the District, its successors. and assigns, from and against all loss, costs, expenses, including attorneys' fees, claims, suits and judgments whatsoever otherwise arising out of or in any way connected with said contract, SECi'ION TWELVE SERVICES PREVIOUSLY CONTRACTED FOR BY LAKES In the event Lakes or any predecessor in interest to Lakes has promised or otherwise agreed to provide sewerage services to any person(s), corporation(s) or other entity(ies) or to any lot or lots, or other parcels of property located within the Carolina Lakes Subdivision, as now existing or expanded, or otherwise, and such service or services have not been provided, it is understood that District shall have no obligation to make such service or services available, and Lakes shall and hereby does assume, and .. agrees to indemnify and hold harmless the District, its successors and assigns, from and against all loss, costs, expenses, including attorneys fees, claims, suits and judgments whatsoever in connection with the absence or nonusability of such service or services. It is the understanding of District that Lakes has previously installed complete sewer service facilities to certain vacant lots in the subdivision, Lakes agrees to provide District a map(s) and/or listing of such lots. District agrees to purchase s~id sewer service facilities from Lakes at the cost of $250.00 per lot, the same to be paid to Lakes upon collection of the connection fee for said lot by District, r-.< 6 LJ SECTION THIRTEEN GENERAL PROVISIONS A. In the event Lakes should cease to own the Lakes sewer system, the existing land application field and the treatment facilities located thereon, whether the result of legal process or otherwise, this Agreement shall be binding on Lakes' successor(s) in interest. It is further understood and agreed that the terms hereof are binding on the part.ies hereto and their successors, assigns and legal representatives. B, This Agreement is subject to such rules, regulations, or laws as may be applicable to such or similar agreements in this State and the parties agree to collaborate when necessary to obtain such permits, certifications, or the like as may be required to comply therewith. C, The provisions of this Agreement may be modified or altered by mutual agreement, provided, however, that when applicable, prior to such modification or alteration, approvals therefor will be obtained from the appropriate federal, state or local agencies, D. Any notice to be given hereunder to Lakes shall be made in writing and ma il ed by first class mail to Carolina Lakes Corporation at the following address: P. O. Box 2250 Sanford, NC 27330 Any notice to be given hereunder to the District shall be made in writing and mailed by first class mail to the Southwest Water and Sewer District of Harnett County at the following address: P. 0, Box 759 Lillington, NC 27546 E, This Agreement embodies the entire agreement between the parties in connection with the Lakes sewer system, and there are no oral or parole agreements, representations, or inducements existing between the parties relating thereto not expressly set forth herein and covered hereby, F. Each covenant, condition, warranty, indemnification and representation set forth herein shall survive the closing and delivery of the documents contemplated herein, including indemnifications, covenants and agreements which are to be performed or applied to circumstances subsequent to the closing date. G, This Agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina. IN WITNESS WHEREOF, the parties hereto have executed this I Agreement on the day and year indicated, Executed by Carolina Lakes Corporation, the day of , 1991. CAROLINA LAKES CORPORATION By: William J. Brinn, Jr. President ATTEST: John Myles, Secretary 237' Executed by Southwest Water and Sewer District of Harnett County, the day of , 1991, SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY By: Chairman Lloyd G. Stewart, Harnett County Board of Commissioners \ sitting as the governing body of the Southwest Water and Sewer District of Harnett County ATTEST: Vanessa W, Young, Clerk to the Board and of the Southwest Water and Sewer District of Harnett County NORTH CAROLINA COUNTY ACKNOWLEDGMENT I, a Notary Public of the County and State aforesaid, certify that personally came before me this day and acknowledged that he is .Secretary of Carolina Lakes Corporation, and that:bY authority duly given and as the act of ~he corporation, the foregoing instrument was signed in its name by ~ts president, sealed with its corporate seal and attested by as its Secretary. Witness my hand and official stamp or seal, this day of , 1991, Notary Public My Commission Expires: NORTH CAROLINA HARNETT COUNTY I, , a Notary Public of the County and State aforesaid, certify that Lloyd G, Stewart, who, being by me duly sworn, says that he is Chairman of the Board of Commissioners of Harnett County sitting as the governing body of the Southwest Water and Sewer District of Harnett County, and that Vanessa W. Young is the Clerk of said Board, that the seal affixed to the foregoing and attested instrument is the seal of said District, and that said instrument was signed by him as Chairman in the above capacity and by the Clerk of said Board, who affixed the official seal of said District to said instrument; and that the said Lloyd G. Stewart in the above capacity acknowledged said instrument to be the act and deed of the Southwest Water and Sewer District of Harnett County. Witness my hand and notarial seal, this the day of , 1991, Notary Public My Commission Expires: 238 ATTACHHENT 8, RE: MONTHLY REPORT TO COMMISSIONERS AND STATEMENT OF FEES AND CHARGES 1- Tax Suits Dismissed: J1f a1 CJL NAME SUIT NO, *AMOUNT COL. "COURT ATTORNEY COSTS FEES Ander~on Creek Townshio McLamb, Waylon Rudolph 88 CvD 0758 1,927,55 409.00 290.00 Lashmit, Ricky 90 CvD 0194 1,052.83 246.40 200.00 I puke 'l'ownshio Edward, Etta 89 CvD 0525 1,190.86 389.70 340.00 Gregory, Mildred 89 CvD 0592 982.31 389.00 340.00 GrQve Townsh~:Q Elliott, Purdie 90 CvD 0972 735,50 249.45 200.00 Fector's Creek Townshio Rogers, Ray 90 CvD 1241 861. 80 261.90 200.00 ~~sonville Townshio Kelly, James 90 CvD 1190 1,060.81 261. 49 200.00 St~wart's Creek Township Price, Felton 79 CvD 0790 1,866.54 281. 24 190.00 Massey, Joe Earl 88 CvD 0667 1,219.22 349.00 290.00 Elliott, Willie 88 CvD 1142 1,560.05 391. 20 290.00 Uooer Little River Townshi~ Campbell, Alton 89 CvD 1105 1,032,17 470.50 265.00 Cole, .Raymond 91 CvD 0157 2.302,33 228,43 180,00 Subtotal 15,791.97 3,927.31 2,985.00 NOTE: * Total collected includes taxes, interest and Court costs. ** Court costs includes attorney fees allowed by Court. 2. Advanced Costs: DAn E~P:{..ANAT:t.Qli CHARGE 3-11-91 Lillington Postmaster - postage Shannelle Collins - 91 CvD 0256 1.68 3-11-91 Sheriff of Marlboro County - service charge Shannelle Collins - 91 cvD 0256 60.00 3-11-91 Lillington Postmaster - restricted delivery mail Shannelle Collins - 91 CvD 0256. 5.02 3-12-91 Lillington Postmaster - restricted delivery mail Matonia Elliott - 91 CvD 0277 5.02 , 3-14-91 Lillington Postmaster - restricted delivery mail Bobby McKenzie - 90 CvD 0861 10.04 3-14-91 Lillington Postmaster - restricted delivery mail Robert Norris - 90 CvD 1148 5.02 3-15-91 Lillington Postmaster - restricted delivery mail Richard Jenkins - 90 CvD 0623 5.02 3-15-91 Lillington Postmaster - restricted delivery mail Daniel Smith - 90 CvD 1093 10.04 3-21-91 Lillington Postmaster - restricted delivery mail Robert Hendrix - 90 CvD 1242 10.06 3-28-91 Lillington Postmaster - postage George Bowling - 91 CvD 0~29 .81 Total Advanced Costs 112.71 SUMMARY OF CHARGES & FEES Tax suits dismissed $2,985.00 Advanced costs 112,71 BALANCE DUE S3.j>97.J,l M~J(~~~ E. Marshall Woodall Post Office Box 39 Lillington, NC 27546 Telephone: (919) 893-5191 239 ATTACHMENT 9, HARNETT COUNTY NORTH CAROLINA RESOLUTION AUTHORIZING NOTICE OF ACTION PURSUANT TO N.C. GEN. STAT. 40A-40 WHEREAS, representatives of the Harnett County Department of Public Utilities are completing the process of acquiring the necessary easements, rights of way and properties related to the Phase I Water Project of the Southwest Water and Sewer District; and WHEREAS, in order to authorize the continued processing of such acquisitions, it is the desire of the Board of Commissioner of Harnett County to authorize, where applicable, the issuance of Notices of Action as provided in N.C. Gen. Stat. 40A-40. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that the Harnett County Public Utilities Attorney is hereby authorized and directed to give such Notices of Action pursuant to N.C. Gen. Stat. 40A-40 as are required with respect to the Southwest Water and Sewer District Phase I Water Facilities Project for all easements, rights of way and properties associated with the Project not acquired by the date hereof, Duly adopted this 1st day of April, 1991, upon motion made by Commissioner Hllnc;on , seconded by CommisSioner Ti~('hpnpr , and adopted by the following vote: Ayes 5 Noes 0 Absent 0 HARNETT COUNTY BOARD OF COMMISSIONERS ~ )J /~ - Lloyd 8' Stewart, "Chairman ATTEST: L~'d. 7.,#,,_,,-/ Vanessa W. Young, ierkL)