01061992
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499
HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 6, 1992
The Harnett County Board of Commissioners met in regular session on
Monday, January 6, 1992, in the Commissioners Meeting Room, County
Office Building, Lillington, North Carolina, with the following
members present: Mack Reid Hudson, Bill Shaw, Walt Titchener,
Seatrice 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 a.m. and
Commissioner Hudson offered the invocation.
Upon motion made by Commissioner Hudson and seconded by Commissioner
Hill, the Board voted unanimously to approve the following items from
the Co~sent Agenda:
- Minutes of the regular meeting, December 16, 1991, and special
meeting, DecembE!r 20, 1991
EMIL Y GRAHAM APP' T - Appointment of Ms. Emily Graham, 500 E. "G" St, Erwin, NC, to
LIBRARY BOARD the Library BoaI'd for a 4-year term to ,expire 1-1-96.
- Reappointment 01 Mr. Roger Johnson, P. O. Box 368, Lillington,
REAPP'T OF ROGER NC, and Ms. Mabe'l Taylor, Rt. 2, Box 25, Li1lington, NC, to
JOHNSON & MABEL the Nursing HomE! Community Advisory Committee for a 3-year
TAYLOR TO NURSING
HOME COMMITTEE term to expire ]2-31-94.
- Budget Amendments:
BUDGET AMENDMENTS Public UtilitieE (Water)
Code 32-9001-04E Medical Supplies ,& Drugs 1,350. increase
Revenue: 32-3990-00] Unappropriated Fund
Balance - Water 1,350. increase
Dep't . of Human f:esources
Codd 10-7400-00:, Salaries & Wages(part-time) 1,856. decrease
lO-7400-00j Professional Services 128. increase
10-7400-00 FICA Tax Expense 143. decrease
10-7400-00 ' Workmen's Compensation 69. decrease
10-7400-0ll Telephone & Postage 644. increase
10-7400-01 Maintenance & Repair-Equip. 800. increase
10-7400-02 Building & Equipment-Rent 64!. increase
10-7400-03 Workforce '91 200. increase
10-7400-03 Materials & Supplies 700. increase
10-7400-04 Contracted Services 24,106. increase
10-7400-05 Dues & Subscriptions 300. increase
10-7400-07 Support Services 30,875. increase
Revenue: 10-3480-06 Manpower Program 56,326. increase
Randy Anderson, North Carolina Department of Transportation, briefed
the Board on current DO~ activities.
RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented for the
PROCUREMENT OF ENG. Board's consideration, a proposed resolution regarding procurement of
SERVICES (WATER engineering services (Water Treatment Plant Study Project).
TREATMENT PLANT Commissioner Shaw moved for adoption of the resolution providing it
STUDY) does not call for expenditure of any funds. Commissioner Hill
seconded the motion and it passed with the following vote:
Ayes: 4, Noes: 1, Absent: 0 The resolution is copied in full at the
er.G of these minutes as /\ttachment 1.
RESOLUTION RE: E. Marshal: Woodall, Tax Att.orney, presented for the Board's
ACCEPTING OFFER TO consiciere.tion, a proposej resolution accepting offer to sell real
SELL REAL PROPERTY property purchased at taK foreclosure sale. Commissioner Hill moved
PURCHASED AT TAX for adoption of the resolution. Commissioner Titchener seconded the
FORECLOSURE SALE motion and it passed with a unanimous vote. The resolution is copied
in full at the end of th~se minutes as Attachment 2.
RESOLUTION RE: Dallas H. Pope, County Mdnager, presented for the Board's
ADDITION OF UNNAMED consideration, a proposed resolution requesting that an unnamed street
STREET TO STATE in a subdivision owned ~{ Jerry F. Lee and Margaret T. Lee, and
ROAD SYSTEM located off SR 1802 near Dunn be added to the State's Secondary Road
System. Commissioner Ti'::chener 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 3.
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500
Dallas H. P~e. County Manci~er. presented for the Board's
RESOLUTION RE: consideration, a proposed r solution concerning Capital Area Job
Training Consortium Agreeme t. Commissioner Titchener moved fo:
CAPITAL AREA JOB adoption of the resolution. Commissioner Hil~ se~onded.the.mot1on and
TRAINING CONSORTIUM it passed with a unanimous ~ote. The resolut1on 1S cop1ed 1n full at
AGREEMENT the end of these minutes as Attachment 4.
RESOLUTION DESIGNATING Dallas H. Pope, County Manager, presented for the Board's
consideration, a proposed resolution designating the Mid-Carolina
MID-CAROLINA COUNCIL Council on Governments, Area Agency on Aging as lead agency for Home
ON GOVERN~'1ENTS, AREA and CommG~ity Care Block Grant for Older Adults. Ms. Margaret Hardee,
AGENCY ON AGING FOR Director, Mic-Cerolina Area Agency on Aging, provided comments and
CDBG FOR OLDER ADULTS answereG ~ues~ioas from the Board. Commissioner Hudson moved f~r
adoption of the ,resolution. Commissioner Shaw seconded the mot1on and
it passed with the following vote: Ayes: 4, Noes: 1, Absent: 0
The resolution is copied in full at the end of these minutes as
Attachment 5.
Geoffrey Church, Chairman, Harnett County Disability Awareness
DISABILITY AWARENESS Committee, requested that the Board adopt by-laws for the newly
COMMITTEE established committee and also approve officers for the committee.
Commissioner Titchener moved for adoption of the by-laws for the
Harnett County Disability Awareness Committee as presented.
Commissioner Hill seconded the motion and it passed with a unanimous
vote. Commissioner Titchener moved for approval of the following
officers of the Harnett County Disability Awareness Committee:
Chairman: ,Geoffrey Church,
Vice-Chairman: Tom Haynie
Secretary-Treasurer: Betty Wood
Commissioner Hill seconded the motion and it passed with a unanimous
vote.
COinmissioner Titchener made a motion to allow Mr. Sol Kozma to address
SOL KOZMA 'cha Board. Commissioner Hill seconded the motion and it passed with a
\:.na:-.i IT.01..S.- ;).ta . M~. KOZAQ. st~ted that he had questions concerning the
CQ~e ?ee~ ~asio~a: Wastewater ?roject he would like to present to the
coun'tj' '.:r.an6.ger . C~airman Stewart then authorized Dallas H. Pope,
County Manager, ~o respond to questions which were asked by Mr. Kozma.
Dallas H. Pope, County Manager, responded to each question presented
by Mr. Kozma.
Tom Meece, Industrial Development Director, presented an update
briefing on County Economic Development programs.
REPORTS Reports for the month of December were filed with the Board from
Industrial Development, Emergency Medical Services, Veteran's Affairs,
Tax Department, Tax Releases, and the Sheriff's Department. The Tax
Attorney's Report was also filed with the Board and is copied in full
at the end of these minutes as Attachment 6.
TAX REFUNDS Bobby Wicker, Tax Administrator, presented request for the following
tax refunds:
1. Ruth D. Maness, Rt. 3, Box 806, Dunn $10.21
2. Jerry M. Jones, Rt. 4, Box 207, Angier 63.98
3 . Rudolph Jackson, Rt. 1, Box 220A, Erwin 35.01
4. Teresa V. Johnson, 4505 Boxwood Rd., Raleigh 97.28
5. '::er::ie M. McGowan, P. O. Box 2232, Cullowhee 57.35 ( , 89)
Te:::rie M. McGowan.. p, O. Box 2232, Cullowhee 43.99 ( , 90)
c Cdell SurlEs, P. O. Box 212, Bunnlevel 34.53 ( , 90)
~ .
Odell Surles, P. O. Box 212, Bunnlevel 32.92 ( '89)
Odell Surles, P. O. Box 212, Bunnlevel 28.41 ( , 88)
7 . Etta Harrington, Rt. 2, Box 462, Lillington 136.67
8 . Roy H. Byrd, Rt. 1, Bunnlevel 45.03
Commissioner Shaw moved for approval of the above listed tax refunds.
Commissioner Hudson seconded the motion and it passed with a unanimous
vote.
WILLIS BROWN Commissioner Titchener made a motion to allow Mr. Willis Brown to
address the Board. Commissioner Hill seconded the motion and it
passed with a unanimous vote. Mr. Brown requested that the Board not
discuss in executive session, awarding of contract for wastewater
project associated with school's wastewater problem, which might lead I
to an agenda item being passed without additional input from the
public concerning the subject.
EXECUTIVE SESSION Commissioner Hudson made a motion that the Board go into executive
session. Commissioner Shaw seconded the motion and it passed with a
unanimous vote.
C~rr~is3io~er Hiil u.ade a Wootion that the Board come out of executive
session. Co~missi~ner S~law seconded the motion and it passed with a
unanimous vote. -
RECESS FOR LUNCH At 12 noon, Commissioner Hill made a motion that the Board recess for
one hour. Commissioner Shaw seconded the motion and it passed with
I
501
the follow~n~ vote: Ayes: 4, Noes: 1, Absent: 0
A~ : p.~.,Chairman Stewart called the meeting back to order.
REQUEST FOR JOINT Geo:::-ge Jackson, Planni~g Director, presented a request from the
MEETING WITH PLANNING Planning Board an~ Board of Adjustment for a joint meeting with the
BOARD AND BOARD OF Board of Commissioners. Commissioner'Hil1 moved that a joint meeting
ADJUSTMENT involving the thr~e Boards be set up. Commissioner Shaw seconded the
motion and it passed with a unanimous vote.
RESOLUTION TO DESIGNATE Vanessa W. Young, Finance Officer, presented for the Board's
STANDARD BANK OFFICIAL consideration, a resolution designating Standard Bank & Trust Co.,
DEPOSITORY FOR H C Dunn, NC, as an official depository of funds for the County of
.. Harnett. Commissioner Hudson moved that Commissioners Shaw and
Titchener be excused from voting due to personal interests in Standard
Bank. Commissioner Hill seconded the motion and it passed with a
unanimous vote. Commissioner Hudson made a motion to adopt the
resolution. Commissioner Hill seconded the motion and 'it passed with
the following vote: Ayes: 3, Noes: 0, Absent: 0, Abstained: 2
(A t tachment 7)
EXECUTIVE SESSION Commissioner Hill made a motion that the Board go into executive
session. Commissioner Shaw seconded the motion and it passed with a
unanimous vote.
Corr~issione= Titchener made a motion that the Board come out of
execu~ive session. Commissioner Hill seconded the motion and it
passe~ with a unanimous vote.
APP'T OF HAROLD W. Commissioner Hill moved for the appointment of Mr. Harold W. Martin,
~4ARTIN TO PLANNING 3165 Lakewind, Sanford, to the Planning Board for a 3-year term to
BOARD expire 12-94. Commissioner Shaw seconded the motion and it passed
with a unanimous vote.
GRANT FOR EMERGENCY Dallas H. Pope, County Manager, presented for the Board's
HOMELESS FUNDS consideration, a proposed grant to Harnett County in the amount of
$807 from the State Division of Economic Opportunity associated with
Emergency Homeless Funds. Commissioner Hill moved for approval of the
grant agreement. Commissioner Hudson seconded the motion and it
passed with a unanimous vote. The grant agreement is copied in full
at the end of these minutes as Attachment~.
RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented for the
UTILITY SERVICE Board's consideration, a resolution authorizing execution of utility
AGREEMENT WITH TOWN service agreement between County of Harnett and the Town of Linden.
OF LINDEN Commissioner Shaw seconded the motion and it passed with a unanimous
vote. The resolution with agreement attached is copied in full at the
e~~ of these ~~~utes as Attachment 9~
RECESSED TO RECONVENE A'L.. 3 ~':'5 ~J<~-;.., C;:-..air:nan Stewart recessed the meeting to reconvene in a
JAN. 8, WITH BD. OF ED. joi~~ ~eetin9 with the Board of Education on January 8, 1992, at 7
p. IT.. in the Board Meeting Room, County Office Building, 102 East Front
Street, Lillington.
~e~~'
i:~~~ c~60ard
1 ~<f.~
Kay S. lanchard, Recording Secretary
I
502
ATTACHMENT 1. RESOLUTION REGARDING
PROCUREMENT OF ENGINEERING SERVICES
(WATER TREATMENT PLANT STUDY PROJECT)
THAT WHEREAS, the County of Harnett, in association with its
water facilities projects, desires to cause a study to be conducted
relative to the expected water treatment plant capacity required
for a twenty (20) year planning period and regarding
recommendations lor ~otential upgrades to meet projected capacity
and regulatory ~e~uiremants; and
WHEREAS, it is the opinion of the Board of Commissioners of
Harnett County (he~einafter sometimes referred to as the "Board")
that it should employ engineers to conduct such study; and
WHEREAS, the Board desires to employ an engineering firm which
is competent and qualified to provide such services, but finds that
in order to obtain the best pricing available and to hold costs at
a minimum, it is of the utmost importance to consider the expense
of obtaining the same; and
WHEREAS, the Board is aware of the declaration of public
policy regarding selection of engineers as expressed in N.C. Gen.
Stat. S 143-64.31 et. seq.; and
WHEREAS, such procedures as outlined in said statutes are not
clear and may require the expenditure of unnecessary monies in
order to comply with the same; and
WHEREAS, N.C. Gen. Stat. S 143-64.32 authorizes units of local
government to exempt particular projects from the provisions of
N.C. Gen. Stat. S 143-64.3l in the sole discretion of the unit of
local government, stating the reasons therefor and the
circumstances attendant thereto; and
WHEREAS, tha Board desires to exempt the above described
Project f~om se,i"':: ;;:rovisions as hereinafter provided.
,
~OW, THEREFORE, BE IT RESOLVED by the Board of Commissioners
of Harnett County that;
1. Pursuant to N.C. Gen. Stat. S 143-64.32, the Water
Treatment Plant Study Project and all matters associated
therewith shall be and hereby is declared exempt from the
provisions of Article 3D, Chapter 143 of the General
Statutes of North Carolina (N.C. Gen. Stat. S 143-64.31
et. seq.).
2. The following reasons therefor and the circumstances
attendant thereto are stated:
a. Due to the desire of the County to obtain the best
pricing available and to hold costs at a minimum,
the County finds that it is vital that the expense
of the engineering services desired be studied in
the County's evaluation process.
b. The County is uncertain as to what procedures it
must follow under the statutes cited above and
therefore desires to eliminate any difficulties it
may incur related thereto.
c. The County desires to procure the appropriate
se::-vicea as described pursuant to the least costly
procedure available.
3. The appropriate officers, agents and representatives of
the County are hereby directed to take such actions as
are required to effect the intent of this Resolution.
Duly adopted this ~ day of January, 1992, 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 1
BY:' ~h ~~--
~. stewart, Chairman
ATTEST:
I,[~ '--Le. ''--f! \C\fi/Y-' .'
Vanessa W. 'Iom1g, (I ~
ClerK of the 30ard )
503
A TT ACHMENT 2. RESOLUTION ACCEPTING
OFFER TO SELL REAL PROPERTY
PURCHASED AT TAX FORECLOSURE SALE
THAT WHEREAS, the County of Harnett did previously purchase
those certain lands known as the William Prentis Walker lands in
a tax foreclosure sale held on or about 29th day of May, 1987 for
a bid of $883.09; reference is made to that certain foreclosure
action entitled "County of Harnatt ~s. william prentis Walker et
a1s", 85 CVD 0666; and
WHEREAS, the Harnett County Board of Commissioners did on
November 18, 1991, authorize the sale of the aforementioned
property by negotiated offer, advertisement and upset bid; and
WHEREAS, an offer was made to the County of Harnett in the
amount of $1,250.00 by Elsie C. Lee and that a notice of said offer
was advertised in the Harnett County News newspaper on December 4,
1991 and that said bid has not been raised or upset by advance bid;
and
WHEREAS, the advertised notice contained a general description
of the lands to be sold, the amount and terms of the offer from
Elsie C. Lee and a notice that within ten (10) days any person may
raise the bid by not less than a $112.50 raise and that any such
person should contact Vanessa W. Young, Clerk to the Board of
Commissioners at her office in the County Office building in
Lillington, NC and make deposit of ten percent (10%) of the raised
bid; and
WHEREAS, it appears by representations of E. Marshall Woodall,
Harnett County Tax Attorney, who has handled the proceeding of sale
for and on behalf of the County of Harnett, that Elsie C. Lee has
been the only bidder involved in making an offer and that no upset
bids were made on the subject property and that further it appears
that the property is a vacant tract of land; and
WHEREAS, it appears to the Board of Commissioners that the
price being offered by Elsie C. Lee is a fair and reasonable price
and is as much as can reasonably be expected to be received from
the sale of said property and that said offer should be accepted
and the officials of the County be authorized to execute a deed
transferring the property to said offeror.
NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:
FIRST: That the offer of Elsie C. Lee to purchase the
aforementioned real property for the sum of $1,250.00 be and the
same is hereby accepted;
SECOND: That the Chairman and Clerk to the Board of
1 Commissioners be and they are hereby authorized to execute in the
name of the County of Harnett a deed conveying the aforementioned
property to said offeror upon the payment by her of the purchase
price;
THIRD: That E. Marshall Woodall, Harnett County Tax
Attorney shall submit his bill for services rendered and expenses
incurred in the advertisement of said property and other costs of
sale to be submitted to the County Manager for approval for payment
by the Harnett County Auditor;
504
FOURTH: That the officials of the County of Harnett be and
they are hereby authorized to do and perform all acts and things
necessary to carry out the intent of this resolution.
Duly adopted in regular session held January 6, 1992.
HARNETT COUNTY BOARD OF COMMISSIONERS
~I
~' . . Ii-
By: L:~ //" ;. I~.
- L oy'/. G. Stewart, Cha1.rman
Attest:
/---- \ I ) \...f ^
'V~r-- 1iv' v \~/
Vanessa W. Young, chatrman ~
CERTIFICATION
I, Vanessa W. Young, Clerk of the Harnett County Board of Commissioners, do
hereby certify that the above resolution was adopted by the Harnett County
Board of Commissioners on January 6, 1992, and is true and accurate account
of action taken by the Board. ,t )
"'i~ '1l.'-{I;b~ /
Vanessa W. Young, Clerk r\ ~
Harnett County Board of ~ommissloners
RecordlngTlme, Book and Page
ExclseTax
Parcel Identifier No. ...............
Tax Lot No. .......................... d f 1992
County on the .... ay 0 ..........,
Verified by ....................
. ..................................
by ......................................
Mail a~te= re~ording to WOODA~L, FELMET & PHELPS, P.A.. i NC 27546
, Att~r~~Y3 at Law, POBox 39, L1.ll ngton,
This instrument was pLeper~d ~y ~. Marshall Woodall
NORTH CAROLINA NON-WARRANTY DBBD
THIS DEED made this 6 day of January , 1992 by and between
GRANTOR GRANTEE
THE COUNTY OF HARNETT ELSIE C. LEE
a body politic Post Office Box 304
Bunnlevel, NC 28323
Enler In approprialcblock ror each parly;name, address, and ir approprlall,:haractelOr entlty,e.q, corporalionor partnership
The designation Grantors and Grantees as used herein shall include said
parties, their heirs, successors, and assigns, and shall include singular,
plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the
Grantee, the receipt of which is hereby acknowledged, has bargained and by
these presents does grant, bargain, sell and convey unto the Grantee in fee
simple, all that certain lot or parcel of land situated in the Stewart's
Creek Township, Harnett County, North Carolina and more particularly
described as follows:
BEGINNn~G at a stake on the Wese aide of the Postal Telegraph Road,
same be1ng the Southeast corner of the Catherine Byrd Lewis 163
acre tract, and runs as said tract South 82~ degrees West 200 feet I
to a stake; thence North 16 degrees East 100 feet to a stake;
thence North 82~ degrees East 200 feet to a stake in said Postal
Telegraph Road; thence down said road South 16 degrees West 100
feet ,to the point of BEGINNING and being a lot containing a.
fract10nal part of an acre.
Being.that certain ~arcel described in a deed from Robert Maynor
and w1fe, Lula Maynor to William Mitchell Walker, Sr. and wife,
Vada M. Walker, dated December 20, 1948 and recorded in Book 367
Page 243, Harnett CouBty Registry. '
:~~d:~fth~r r.efe.rence, see Commissioners Deed from E. Marshall
1987 and r~:,:~:~or:r8:~k ~~~ c~untY4703f Harnett dated October 1,
, age , Harnett County Registry.
TO HAVE AND TO HOLD the afore~aid 1 t
and appurtenances thereto belonning Oto Otrh paGrCelt 9f iland an~ all privileges
..~ e ran ee n fee s1mple.
--- -
505
IN WITIIESS WHEREOF the Grantor has caused this instrument to be signed in
its nan~ by its dul; authorized officers pursuant to a resolution authorizing
such act at the regular meeting of the Harnett County Board of Commissioners
held J,nuary 6, 1992 (a copy of said resolution marked Exhibit "A" being
attachfd) and has caused the County's official seal to be hereunto affixed
the dar and year first above written.
COUNTY OF HARNETT
By: ~ AT.Ak-J -(Seal)
Ll y G. Stewart, Chairman
Board of Commissioners of
Harnett County
ATTEST:
f. 'f J '-J'J .
1 a.....~ , ,! . l...' ll.LL
Van.... ~. Younq, 9. erk~
*******,~***~****~****w***************~**********************..........*.....
NORTH C.l\RO~I~A
ACKNOWLEDGEMENT
HARNETT COUtJTY
I, a Notary Public of the County and State aforesaid, certify
that Lloyd G. Stewart personally came before me this day who
being by me duly sworn, deposes and says: that he is the
Chairman of the Harnett County Board of Commissioners and
Vanessa W. Young is the Clerk of said Board, that the seal
affixed to the foregoing instrument is the official seal of
Harnett County, that said instrument was signed and sealed by
him, attested by the said Clerk and the County's seal affixed
~~t'.1'~:' ,!, ',h:-,,' ~. thereto, all by authority of the Board of Commissioners of
said County, and the said Lloyd G. Stewart acknowledged said
.,{:-,~ ~ '- f... f.: C,I,j ~J"#"6 instrument to be the act and deed of Harnett County.
~, I~" ;"""~:'.Iiir:l..' 1,CJ to.\.
,'~. 't~ ~.1': ~, ':' .~\
. (\\r'.~~r) \i This the Co day of January, 1992.
..<- f1UGlI t, j. '" J
~':~ ~ ~,:~: ..~. (~ K. fLt-L'}/'dAV'Lfl1i
to}: '~E ..~...et'" . ,\. ~
'~'" rr COl!'\\,......
~~1I~'",~ a,..It. ,1\'" Notary Public
My Commission Expires: ~ J:2 J lq9:L
*********************
h ********************************************.*...*......
T e fore,oing Cert::'=icE.~e (s) of
is/are c~rtified to be c t h'. .
duly reglstered at the d~~~e~nd t: ~s ~~siruct~on and this certificate are
first palJe hereof. ~me an n the Book and Page shown on the
GAYLE P. HOLDBR, REGISTER OF DEEDS FOR HARNETT COUNTY
BY:
DeputY/Assistant-Register of Deeds.
I
506
ATTACHMENT 3.
HARNETT COUNTY
NORTH CAROLINA
RESOLUTION'
BE IT RESOLVED that the Harnett County Board of
Commissioners do hereby, by proper execution of this
document, request that the North Carolina Department of
Transportation add to the State's Secondary Road System for
maintenance, an unnamed street in subdivision owned by Jerry,
F. Lee and Margaret T. Lee, and located off SR 1802 near
Dunn, North Carolina.
Adopted this 6th day of January, 1992.
HARNETT COUNTY BOARD OF COMMISSIONERS
I
. ~. /f7~-
Stewart, Chairman
ATTEST:
-.
/ "
/" 'i L' l{ k .
(J'~ .,'. ' ,,4./\.f{) /
VanessaW. You99' Cl~k
ATTACHMENT 4.
HARNETT COUNTY
NORTH CAROLINA
RESOLUTION
THAT W~EREAS. RarnEtt :ounty is currently being
~r:)Vided .JOG ':':Cc?,::,~ir.1]; ?~,::t'ers:-~i.,;. ~ct programs through the
:"Ic,....dJ ':;',,: ;"T..:' '..:.c:-./"-";;,;'~:':,,2(,-';: ;;'..'0;;. .;;.;:L'll.ca Deli very Area
.s;d.niZl..\,o,'i.".e:::<ac' ;.:::,~ ';:'::,..: :'CJ;;:':':::,:" Z.~;.:-=-a Job Training Consortium~
::to:'"/!.:':
WHERiAS, t~~ Capital Area Job Training Consortium has
been approved bi'the Governor to continue as a Job Training
Partnership Act Service Delivery Area for the period JUly,
1992 through June, 1994~ and
WHEREAS, Harnett County desires to continue improvement
and enhancements to the Job Training Partnership Act
programs~ and
WHEREAS, it has been determined that Harnett County
should continue as a member of the Capital Area Job Training
Consortium.
NOW, THEREFORE, BE IT RESOLVED that the Harnett County
Board of Commissioners hereby authorizes the Chairman of the
Board to execute an agreement between the County of Harnett
and the Capital Area Job Training Consortium for the purpose
of providing Job Training Partnership Act programs.
Adopted this 6th day of January, 1992.
. I
ImRNETT COUNTY BOARD OF COMMISSIONERS
. ~--tb/~
v / L~yd G. Stewart, Chairman
ATTEST:
-I '--f ! .~.}.
la..~, I ,l . 'U~"'i'
Vanessa W. Youn , Cl~k
~ ~...~ ~ ---
507
CAPITAL AREA JOB TRAINING CONSORTIUM AGREEMENT
ARTlCLF. I. TITLE AND PURPOSE
The contiguous units of local governmpnt listed below agree to
establish a job training consortium to act jointly as a Service
Delivery Area (SDA) under the Job Training Partnership Act of
1982 (JTPA). as amended. This consortium shall be known as the
Capital Area Job Training Consortium.
ARTICLE II. MEMBERSHIP
,The consortium shall be composed of the following'independent and
contiguous units of general purpose local government:
County of Wake
County of Johnston
County of Harnett
ARTICLE III. CERTIFICATION OF AUTHORITY
1. AUTHORITY UNDER STATE AND LOCAL LAW
The member units of Bovernment certify that:
They possess full legal authority. as provided by state
and local law. to enter into this agreement and to fulfill
the legal and financial requirements of operating ~s a SDA
under JTPA for the entire geographic area covered by this
agreement.
2. SPECIFIC RESOLUTIONS TO ENTER INTO AGREEMENT
A copy of the resolution and appropriate councilor board
meeting minutes giving the county. city or other general
purpose local government, specific authority to enter into
this consortium agreement is included and attached to this
document. ,
3. DESIGNATION OF CHIEF ELECTED OFFICIALS FROM EACH MEMBER UNIT
OF GOVERNMENT
Each member unit of government acknowledges that contem-
poraneous with the resolution authorizing this agreement,
the member unit will pass a resolution designating a chief
elected official for JTPA purposes upon whose representations
the State, the PIC, the administrative entity and the other
member units may rely. Such person shall be the signatory
of this agreement and shall be authorized to execute such
other agreements as are necessary for JTPA purposes.
4. DESIGNATION OF CHIEF ELECTED OFFICIAL FOR SERVICE DELIVERY
AREA
The member units provide that the Chairman of the Wake
County Board of Commissioners shall be authorized to
exercise the functions of the Service Delivery Area chief
elected official, which are ,required under JTPA. The member
units further provide that this authority may be delegated
to the Wake County Manager.
ARTICLE IV. DURATION
This agreement will become effective on the date of the last
chief elected official's signature and shall continue in effect
for two years or until otherwise amended.
ARTICLE V. FINANCING
l. It is anticipatpd that funding necessary to implement this
agreement will be derived from federal grant funds received
through the Governor. In the event that'it is necessary to
appropriate nonfederal funds for the purpose of repaying
misexpenditures or other non-JTPA expenditures that are not
necessitated by repayment orders such as unallowable legal
fees. insurance or excessive administrative costs, repayment
shall be made by the member county in which the misexpendi-
ture occurred.
2. The units of local government acknowledge that they are
jointly and severally accountable for liabilities arising
out of activities under JTPA and for all funds received by
the SDA grant recipient pursuant to JTPA. Liability in-
cludes, but is not limited to. responsibility for prompt
repayment from nonprogram funds of any misexpenditures by
the administrative entity of the SDA. or any of its subre-
cipients or contractors, or the PIC.
3, Any entity or joint agency created or designated by this
Service Delivery Area, including the Private Industry
Council and Administrative Entity, shall be ,considered a
public agency for the purposes of the Local Government
Budget and Fiscal Control Act.
ARtiCLE VI. ESTABLISHMENT OF A PRIVATE INDUSTRY COUNCIL'
The member units of government agree that the Private Industry
Council shall be established in accordance with Section 102 of
JTPA.
The Chairman of the Wake County Board of Commissioners shall
appoint members of the PIC from among persons nominated or
recommended by appropriate agencies representative of any member
county.
508
ARTICLE VII. APPOINTMENT OF PERSONNEL
Appointment of personnel shall be as described in the Capital
Area Job Training Consortium Private Industry Councill Chief
Elected Official Agreement.
ARTICLE VIII. OWNERSHIP OF REAL PROPERTY 1
The Capital Area Job Training Consortium will neither acquire nor
dispose of real property.
ARTY CLE IX. AMENDHEtoT5
Th2 agreem~a~ ~?y ~e amended at nny time upon the consent of all
of the plr:ies as ~vidE~ce~ by resolution of thp governing bodies
of each memoe~ bovernme~L and as approved by the State. Whenever
the position of designated Chief Elected Official for this
Service Delivery Area becomes vacant, the individual selected as
a replacement shall be approved through an amendment to this
agreement by resolution of the governing bodies of all member
governments.
ARTICLE X! TEl MINATION
The parties to this agreement may request termination at any time
upon six months prior written notice, such termination to be
effective when the Governor considers SDA redesignations or at
the end of the then current subgrant agreement year.
ARTICLE XI. HOLD HARMLESS
Each party hereto agrees to ho:!.d the other harmless for any loss
incurred, either to person or property, including reasonable
attorney's fees, due to any act or omission on the part of either
'County, its agents, or employees as a result of operations
conducted pursuant to this contract and within the boundaries of
the member county.
Chairman, Wake County
Board of Commissioners
, , Date:
.
ATTEST
Chairman, Johnston County
Board of Commissioners
Date:
ATTEST ~J )?-; ~t\
Ch ~n,'Harnett County ~
Board of Commissioners
,- Date: /-/,.-qJ.J
/" / ' - ~~J ~ A-fL
' a..--.. '-f "
~k ~.\----,
ATTEST , fJ
J
\
-
509
ATTACHMENT 5.
HARNETT COUNTY
1 NORTH CAROLINA
RESOLUTION
THAT WHEREAS, the North Carolina General Assembly enacted Senate
Bill 165, Chapter 241, of the 1991 Session Laws which establishes a
Home and Community Care Block Grant for Older Adults; and
WHEREAS, the Block Grant combines certain federal and state
appropriations supporting home and community care for older adults
which are currently administered by the state Division of Aging and
Social Services; and
WHEREAS, the legislation does require that allocations made to
counties shall be no less than funding for SFY 90-91 contingent upon
availability of current state and federal funding; and
WHEREAS, the Home and Community Care Block Grant is intended to
simplify the administration of aging services by establishing uniform
service standards, eligibility, reporting a~d reimbursement policies
for all funding sources contained in the Block Grant; and
WHEREAS, the regional agency currently providing older adult
services to Harnett County is the Mid-Carolina Council of Governments,
Area Agency on Aging; and
WHEREAS, it has been determined that Harnett County should
continue to receive services and designate as the Harnett County lead
agency the Mid-Carolina Council of Governments, Area Agency on Aging
as required by Senate Bill 165 for FY 92-93.
NOW, THEREFOR~, BE IT RESOLVED that the Harnett County Board of
Commissioners hereby designates the Mid-Carolina Council of
Governments, Area Agency on Aging as lead agency for Harnett county
involving the Home and Community Care Block Grant for Older Adults as
required by Senate Bill 165 for FY 92-93.
Adopted this 6th day of January, 1992.
HARNETT COUNTY BOARD OF COMMISSIONERS
~~j ~~-
ATTEST: - Ip'oyd cr:- St watt, Chairman
~- I
~( . i t
\> O./~.J (j,-./.'-t .,vv-P
Vanessa W. Young Clefk
ATTACHMENT 6.
RE: MONTHLY REPORT TO COMMISSIONERS AND STATEMENT OF FEES AND CHARGES
FOR THE KONTH OF DECEMBER 1991
1. Tax Suits Dismissed:
SUIT NO. *AMOUNT COL. **COURT ATTORNEY
NAME COSTS FEES
Anderson Creek TownshiD 1,057.83 251. 62 200.00
Elliott, Sarah 91 CVD l344
Averasboro Townshi~ 9,256.72 309.82 250.00
Wellons Construction 91 CVD 0568 l,084.82 1,000.00
Wellons Realty 91 CVD 0566 8,086.58
90 CVD 0863 1,731.69 395.00 350.00
Purcell, Gilbert 6l8.97 75.00 75.00
williams, Jerry No CVD
Barbecue Township 1,072.88 225.81 175.00
Wood, Jimmy 91 CVD 1413
Black River Township 2,6l2.06 25.00 25.00
CWC, Inc. No CVD
Grove Township l5,079.23 1,414.43 1,350.00
Wellons Realty 91 CVD 0567
89 CVD 1520 2,660.70 409.20 340.00
McKoy, Rebecca 50.00 50.00
Westbrook, Gene No CVD 477.84
Johnsonville Township 1,151.70 230.75 175.00
Campbell, Carl 9l CVD 1312
Hall, Gary A. 90 CVD l212 395.14 256.02 200.00
Hall, Gregory A. No CVD 731. 20 l25.00 l25.00
Smith, Bobby 90 CVD 1041 265.82 199.04 175.00
Stewart's Creek Township 399.00 350.00
Elliott, Mary 90 CVD 1177 1.263.02
Subtotal 46,461. 38 5,450.51 4,840.00
--
510
NOTE: * Total collected includes taxes, interest and Court costs.
** Court costs includes attorney fees allowed by Court.
Additional Attorney's Fees: CHARGE
DATE EXPLANATION TIME
l2-2-9l Conference with Bobby Wicker;
discussion with County Attorney
regarding bad check procedure; 1
telephone discussion with Ron Aycock 60.50
regarding Keith Hills Golf Course 1.10
12-3-91 Research of law and review of tax file
on Keith Hills Golf Course; telephone
discussion with Mi~hael Brown;
telephone discussion with Bobby Wicker 1. 70 93.50
12-3-91 Letter to Bobby Wicker regarding bad
checks procedure .20 ll.OO
12-3-91 Conference with Campbell College
officials at Tax Office .70 38.50
l2-4-91 Letter to Bobby Wicker and other
County officials regarding bad
check procedure .50 27.50
12-11-91 Conference with Dallas pope, Bobby
~icker and Vanessa Young .70 38.50
J.2-23-9:i. WilQert Lockamy - 89 CVD 1497
Service3 in connecti0n with tax suit l75.00
To~al Addi~ional Attornay's Time and Fees 4.90 444.50
TOTAL ATTORNEY'S FEES $5,284.50
2. Advanced Costs:
DATE EXPLANATION CHARGE
12-l6-91 Lillington Postmaster - postage
Jimmy R. wood - 91 CVd 1413 .8l
12-16-91 Sheriff of Roberson County - service fees
Richard Campbell - 91 CVD 0843 5.00
12-l6-91 Lillington Postmaster - restricted delivery
Armando Valdez - 9l CVD l095 lO.04
12-16-91 Sheriff of Lee County - service fee
Jimmy Wood - 9l CVD l413 5.00
12-30-91 Lillington Postmaster - certified mail
Daniel Mimms - 91 CVD 820 2.52
Total Advanced Costs 23.37
SUMMARY OF CHARGES & FEES
Attorney's fees - Tax Suits 4,840.00
Attorney's fees - Other Services 444.50
Advanced Costs 23.37
BALJ\l.\fCE t'l':<; $5,307.87
3. New Suits Started duri3J the month of October, 1991
Averasboro Townshic
Blanche Walker
Annie Groves
Barbecue Townshic
Jimmy R. Wood
Sherry Anderson
Grove Townshic
Irene Walden
Stewart's Creek Townshio
Eddie Jenkins
Uooer Little River Townshio
Tommy Harris
:;)AWI.J /CUA ~cr~yJ)r~
E. Marshall Woodail -
Post Office Box 39 1
Lillington, NC- 27546
Tal.:l;?hone: (919) 893-51>1
5 1 1
ATTACHMENT 7.
RESOLUTION
Be it resolved that the Harnett County Board of Commissioners
authorize the following ban}: to be designated as official depository
I for funds for the County of Harnettr
Standard Bank & Trust (0., Dunn
Duly adopted this 6th day of January, 1992.
i)' )J ~~(
#
ATTEST;
/'U~ '1L ~ ---.iJ /'1
c \t~U,v,ri ,
Clerk to the Board () 0
CORPORATE AUTHORIZATION RESOLUTION
A. I, Vanessa W. Young ,certify that I am i911"'ij'pr',' (clerkl of Harnett County General Fund
, a corporation organized under the laws of North Carolina
Federal Employer 1.0, Number 56-6000306 and that the following is a correct copy of resolutions adopted at a
meeting of the Board of Directors of this corporation duly and properly called and held on Januarv 6. ,19 92 . These
resolutions appear in the minutes of this meeting and have not been rescinded or modified.
B. Be it resolved that,
(1) Standard BAnk & Trust Co. (hereinafter Financial Institution) is designated as a
depository for the funds of this corporation.
(2) This resolution shall continue to have effect until express written notice of its rescission or modification has been received and recorded by
this Financial Institution.
(3) All transactions, if any, with respect to any deposits, withdrawals, rediscounts and borrowings by or on behalf of this corporation with this
Financial Institution prior to the adoption of this resolution are hereby ratified, approved and confirmed.
(4) Any of the persons named below, so long as they act in a representative capacity as agents of this corporation, are authorized to make any
and all other contracts, agreements, stipulations and orders which they may deem advisable, from time to time with this Financial Institution,
concerning funds deposited in this Financial Institution, moneys borrowed from this Financial Institution or any other business transacted by
and between this corporation and this Financial Institution subject to any restrictions stated below.
(5) Any and all resolutions adopted by the Board of Directors of this corporation and certified to this Financial Institution as governing the
operation of this corporation's account(s), are in full force and effect, unless supplemented or modified by this authorization,
(6) This corporation agrees to the terms and conditions of any account agreement, properly opened by any authorized representative(s) of this
corporation, and authorize the Financial Institution named above, at any time, to charge this corporation for all checks, drafts, or other orders,
for the payment of money, that are drawn on this Financial Institution, regardless of by whom or by what means the facsimile signature(s) may
have been affixed so long as they resemble the facsimile signature specimens in section C. (or the facsimile signature specimens that this
corporation files with this Financial Institution from time to time) and contain the required number of signatures for this purpose.
C. If checked, any person listed below (subject to any restrictions indicated) is authorized to:
Name Title LSignature , ' Facsimile Signature
Vanessa W Young W ~ (If used)
Finance Officer ~ .'V1~ ~~ ~. rr
J u'
:g: (1 ) Open any deposit or checking account(s) in the name of this corporation.
n (2) Endorse checks and orders for the payment of money and withdraw funds on deposit with this Financial Institution,
Number of authorized signatures required for this purpose 1
0 (3) Bo;,'ow money on behalf and in the name of this corporation, sign, execute and deliver promissory notes or other evidences of
indebtedness.
Number of authorized signatures required for this purpose
0 (4) Endorse, assign, transfer, mortgage or pledge bills receivable, warehouse receipts, bills of lading, stocks, bonds, real estate or
other property now owned or hereafter owned 'Or acquired by this corporation as security for sums borrowed, and to discount
the same, unconditionally guarantee payment of all bills received, negotiated or discounted and to waive demand, presentment,
protest, notice of protest and notice of non.payment.
Number of authorized signatures required for this purpose
0 (5) Enter into a written lease for the purpose of renting and maintaining a Safe Deposit Box in this Financial Institution.
Number of authorized persons required to gain access and to terminate the lease
* * * * * * * * * * * * * *
D. I further certify that the Board of Directors of this corporation has, and at the time of adoption of this resolution had, full power and lawful
authority to adopt the foregoing resolutions and to confer the powers granted to the persons named who have full power and lawful authority
to exercise the same and that this authorization revokes any prior authorization on file with this Financial Institution.
Adopted by, resolution which is included as Attachment 1..
In Witness Whereof, I have hereunto subscribed my name and affixed the seal of this corporation on
IMPRINT Januarv 6 19 92 .
~~y
SEAL
HERE ~~ .4. 6e~h('A a./ld
Secretary
Dallas H./Pope, C Kay S. Blanchard, Sec. to Board of
Commissioners
e 1985 BANKERS SYSTEMS, INc.. S1 CLOUD, MN 56301 FORM CA,l 919/85
~
512
EMERGENCY HOMELESS FUNDS
ATTACHMENT 8. STATE OF NORTH CAROLINA
COUNTY OF HARNETT
THIS AGREEMENT, made and entered into this 1st day of
January 1992 including all conditions attached hereto, by 1
and between Harnett County Board of Commissioners,
hereinafter referred to as "Grantee", and North Carolina
Department of Human Resources, hereinafter referred to as
"Department";
WIT N E SSE T H:
NOW, THEREFORE, in consideration of the mutual promises
to e~ch other, as he~einafter set forth, the parties hereto
do mutuC'l.:':;'y a9rEe c..t:' icllow&:
10 ~ar. the period January 1, 1992 until February 29,
~992 ~he ~~a~tee hereDY agrees to provide food, clothing,
shelter, ~nd other essential services to homeless persons
under ~he following circumstances: '
(a) when no other source of funding is available, or
(b) when barriers exist that delay or prohibit the
obtaining of services from existing agencies in
a timely manner.
2. For the period January 1, 1992 until February 29,
1992 the Department hereby agrees to pay the Grantee a total
sum not to exceed Eight Hundred Seven Dollars ($807)
Emergency Homeless Funds, said sum to to be full and
complete compensation for services to be rendered under this
agreement for the specified period.
3. The Grantee shall comply with all applicable laws,
ordinances, and rules of the Federal, State, and local
governments. The Grantee shall be liable for all costs,
including but not limited to fines and penalties, resulting
from violations of or failure to comply with Federal, State,
and local laws and regulations.
I 4. The services of the Grantee are to commence on the
fir~t day oi the s~ecified period and shall be undertaken
a;:,d c.;;;::;,:;?~>~~A(, 1:7 t~j;:; b.st day of the specified period.
I' z~~ Grante~ will have mechanisms in place to assure
....0 .
c:;,-;:<':iZ>cc.i.:='io.. ;'.n '-.~f.: I:,se of these funds among local agencies
ser-"j.n~ i:ic.e. } orn~ll!ss.
,6. The Grantee agrees to include these funds in its
single agency audit conducted in accordance with the
applicable federal circular, OMB Circular A-128 or OMS
Circular A-133.
7. Any changes in the obligations of any party under
this agreement shall be incorporated in written amendments
to this agreement. Changes which will increase or decrease
the Grantee's compensation shall not be effective until
they have been approved by the Department head or his
authorized agent.
8. The Grantee agrees to submit a report to the
Department on their expenditure of funds under this agreement
by March 11, 1992. The report must include:
(a) the number of homeless individuals and families
provided emergency assistance" , ,
(b) a description of the emergency situations Cor :, .,
which funds were used, ,"," ,; '::r;,,~'~,~"', 'd~
(e\ a description of the homeless served to include
chara.c'teristi(.;s--e. g., mentally ill, single
~dt7,:" t.s, c;.~\.'~ a~\...l?ers, families, children, and
.~. ~ -::1:1:.. ::.s.::le:=. of Ivcal agencies/groups/organizations
:..nvc:,\'ed in emergency assistance efforts.
I~ WITNESS WHEREOF, The Grantee and the Department
through their authorized officers have executed this
agreement.
North Carolina Department
of Human Resources
Division of Economic Opportunity
WITNESS: a;;:2D~
~A~
( IU
GRANTEE:
Harnett County Board of
Commissioners
WLS'
I ~o!ian~
.Y'l '" " ~ '--t I '"...... ,
- .~ ~~.L !L ~.r. )I
Chairman, President, V.P.
Title Chai,man, Board of Commissioners
~-
513
I
ATTACHMENT 9.
RESOLUTION AUTHORIZING EXECUTION
OF UTILITY SERVICE AGRE~MENT
. Commissioners of the County of
I THAT WHEREAS, the Board of
Harnett has reviewed that Utility Service Agreement between the
County of Harnett and the Town of Li~den attached hereto as Exhibit
1; and
WHEREAS, said Board desires that the County enter into said
Agreement as set forth;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners
of the County of Harnett that:
l. The County of Harnett shall be and hereby is authorized
to enter into that Utility Service Agreement attached hereto as
Exhibit 1.
2. The appropriate officers of the County of Harnett are
hereby authorized and directed to execut;e the same for and in
behalf of the County.
Duly adopted this 6 day of January, 1992, upon motion made
.
by Commissioner Shaw , seconded by Commissioner
,
Hill , and adopt~d by the following vote.
I
Ayes 5 Noes 0 Absent 0
B~ard of Commissioners of the
County of Harnett
By: ~~ )J /Mw":"t -
L', o~( G. Stewart, Cha~rman
of t e Board
A/st: I
1,~~ '-[t-. '-C,~,vv~ /'
Vanessa W. Young J Cler.
to the Board
EXHIBIT 1.
NORTH CAROLINA
UTILITY SERVICE AGREEMENT
HARNETT COUNTY ,
THIS AGREEMENT is made and entered into this day of
January, 1992, by and between the COUNTY OF HARNETT (hereinafter
sometimes referred to as "County"), and the TOWN OF LINDEN
(hereinafter sometimes referred to as "Town" ) .
WIT N E SSE T H :
THAT WHEREAS, County is a body'politic organized and existing
under the laws of the State of North Carolina and as a part of its
governmental functions operates the Harnett County Department of
Public Utilities; and
WHEREAS, Town is a municipal corporation duly organized and
existing under the laws of the State of North Carolina; and
WHEREAS, Town is completing construction of a water
dibtribution system to supply potable water to its citizens and
other area residents; and.
WHEREAS, Town has requested that County, through its
Department of Public Utilities, perform certain tasks and services
for Town with respect to the operations 'of Town's water system;
and
~'T
514 WHEREAS, County, through its Department of Public Utilities,
agreed to perform such tasks and services as are herein
has
described; and
WHEREAS, County and Town now' desire to set forth the terms and
conditions cf th~ir aqreements regarding these matters.
NOW, THEREFORE, in consideration of the foregoing and the
mutual agreements hereinafter set forth, county and Town agree as 1
follows:
SECTION ONE
METER. READING
County agrees to provide meter reading services to Town and
Town agrees to accept such services upon the following terms and
conditions:
A. Each meter through which Town supplies and sells water
shall be read on a monthly basis by the County. The time each
month when such readings shall be made shall be administratively
determined by the appropriate representatives of Town and County.
R. within ten (10) dayS after the meter readings have been
completed, the Cou~ty bhall deliver the results of said readings
in written form ~o Town.
C. Town agrees to pay to County, upon monthly billing by
County, the amount of eighty-eight cents (.88) per meter read for
each meter reading cycle. In the event that a meter re-reading
should be requested by Town, the cost of such re-reading shall be
Five Dollars ($5.00) for each meter re-read, provided however, that
no charge shall be made for a re-reading when it is determined that
County erred in the original reading.
D. Billings for meter reading services and payment therefor
shall be made pursuant to and in accordance with Section Three of
this Agreement.
SECTION TWO
o'.cH~a SERVIC~S
County agrees to ?~ovide new water tap installation service,
twenty-four (24) hour emergency repair service, meter installation
service (the installation of a meter in an existing meter housing
uni t) , water cut off and cut on service and operation and
maintenance service for the chlorination system located at the
meter facility (through which water is supplied to Town by County)
to Town and Town agrees to accept such services upon the following
terms and conditions:
A. County agrees to provide the above described services to
Town, upon notice by Town of the requirement therefor, in
I
accordance with the following schedules of costs to be paid by
Town:
Labor/Eauiome.nt Reaular Time Overtime
1 man $ l5.00jhr. $ 22.50jhr.
2 man crew 22.83/hr. 34.25/hr. 1
3 nan cr1::W 29.42/hr. 44.13/hr.
Backhoe 35.00/hr. 35.00/hr.
Trucks & Other Equipment 20.00/hr. 20.00/hr.
Materials and chemicals will be invoiced to Town at
County's cost, plus 2.5%.
B. There will be no charge for cut offs and/or cut ons
up to five (5 ) per month. Thereafter, cut offs and cut ons will
be made at a cost of Five Dollars ($5.00) per cut on or cut off
made.
C. Services for new water tap installations shall be
performed by County within fourteen (14) working days after notice
of the requirement therefor from Town is made to County. Services
515
for meter installations and water cut ons and cut offs shall be
performed by County within two (2) working days .after notice of the
requirement therefor from Town is made to County. Scheduled
I repairs or maintenance shall be performed by the County upon mutual
agreement with the Town. Emergency repairs shall be made as soon
as practicable by County after notice by Town.
D. General inspection shall be provided twice each week at
the rate applicable for one-half ( l/Z) man hour per visit, or a
minimum amount equal to the rate applicable for one (1) man hour
per week.
E. Notice to perform the services described in this Section
shall ~e made by Town by telephonic communication to County,
::ollowed by a written statement regarding the same mailed to
County.
F. Services provided by County as set forth in this Section
shall be completed in a good and workmanlike manner.
G. Billings for the services set forth in this Section and
payment therefor shall be made pursuant to and in accordance with
Section Three of this Agreement.
SECTION TRREE
BILLING AJlD PAYMENT
A. County will furnish Town not later than the tenth (10th)
day of each month with an itemized statement of the costs for meter
reading and other services provided by County to Town for the
preceding month.
B. Town agrees to pay County, not later than the twen~ieth
(20th) day of each month, the amount due as set forth on the
itemized statement described in subsection A above.
SECTION FOUR
GENERAL PROVISIONS
A. Term. The term of this Agreement shall commence as of
the date the same has been executed by both Town and County and
shall extend for a term of five (5 ) years, and thereafter may be
renewed or extended for such term, or terms, as may be agreed upon
by County and Town. In the event Town determines at any time
during the initial term or any extension of this Agreement that it
shall cause the services herein described to be performed by Town
employees, upon sixty (60) days written notice to County, Town may
terminate this Agreement. In the event of such termination, any
materials and chemicals purchased by County for the exclusive use
by it in the performance of this Agreement with Town, shall be
purchased by Town at the costs hereinabove set forth.
1 B. Modification of Aoreement. The provisions of this
Agreement pertaining to the costs to be paid by Town for services
provided by County shall be subject to modification at the end of
each year period. Should cost increases be required by County,
notice thereof shall be supplied to Town as soon as practicable.
Any increase or decease in costs shall be based on a demonstrable
increase or decrease in the costs of performance hereunder.
Modifications to this Agreement may also be made by the mutual
written agreement of the parties.
--
516
c. l~aulatorv Aaencies. This Agreement is subject to such
rules, regulations, statutes and/or laws as may be applicable to
such or similar agreements in this State and the parties hereto
agree to collaborate when necessary to obtain such permits, 1
certifications, or the like, as may be required to comply
therewith.
D. Noticas.. Any notica cr c';:;her writing to be provided
hereunder to Town shall ~e mailed by first class mail to the Town
of Linden at the following add=ess:
Post Office Drawer 61
Linden, NC 28356
Any notice or other writing to be provided hereunder to County
shall be mailed by first class mail to the Harnett County
Department of Public Utilities as the following address:
Post Office Box 1119
Lillington, NC 27546
E. Authoritv. The County and the Town represent and
warrant, each to the other, the existence of all capacity,
authority, resolutions and actions necessary to execute this
Agreement.
F. Duolicate Oriainals. This Agreement is executed in
dup~ica~e originals, ~na of which is retained by each party hereto.
Executeci by Cc.:.n"t}. :>f Harnett, this 6 day of January,
1992.
County of Harnett
By' ~ fiJ /~ru..A
~ 'loy G. Stewart, Chairman
Boartl of Commissioners
Attest:
I
, 1
.-') .. '1' . '-../'
iJ'~O-wA./ ,0, l...- ~
Vanessa j.~oung, !lerio the Board
Executed by Town of Linden, this day of January, 1992 .
Town of Linden
By:
Velma Davis, Mayor
Attest;
Frances Colli~r, Clerk
I