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HomeMy WebLinkAbout08031992 698 HARNETT COUNTY BOARD OF CO~~IISSIONERS REGULAR MEETING, AUGUST 3, 1992 Harnett County Board of Commissioners met in regular session on Monday, August 3, 1992, in the Commissioners Meeting Room, County Office Building, Lillington, North Carolina, with the following members present: Beatrice Bailey Hill, Walt Titchener, Bill Shaw, Mack Reid Hudson, 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. and Commissioner Hill offered the invocation. Commissioner Titchener moved that the period for informal comments from the public be moved up on the agenda. Commissioner Hill seconded the motion and it passed with a unanimous vote. DOT Randy Anderson, North Carolina Department of Transportation, appeared before the Board to discuss road matters and situations in Harnett County. CONSENT AGENDA Upon motion made by Commissioner Hudson and seconded by Commissioner Shaw, the Board voted unanimously to approve the following items from the Consent Agenda: MINUTES: Regular Meeting, July 20, 1992 Special Meeting, July 28, 1992 BUDGET M4ENDMENTS BUDGET AMENDMENTS: Planning Department Code 10-7200-002 Salaries & Wages 10-7200-007 Retirement Expense 10-7200-006 Group Insurance Expense 10-7200-0071 Supplemental Retirement 10-7200-005 FICA Tax Expense Revenue: 10-3990-000 Fund Balance Appropriated Social Services Code 10-7700-002 10-7700-005 10-7700-006 10-7700-007 10-7700-0071 10-7700-074 Salaries & Wages FICA Tax Expense Group Insurance Expense Retirement Expense Supplemental Retirement Capital Outlay-Equipment (44,800 24 terminals & printers + 9,675 [1935 x 5 IMCW]) Social Services - Admin. (50% of personnel) Fund Balance Appro. Revenue: 10-3480-001 10-3990-000 14,283. increase 712. increase 2,288. increase 143. increase 1,093. increase 18,519. increase 99,500. 7,612. 14,352. 4,955. 995. 54,475. increase increase increase increase increase increase 63,707. 118,182. increase increase Fire & Rescue Code 90-1005-1010 Current Tax-Benhaven Fire 5,828. increase Code 90-1009-1010 Current Tax-Buies Creek 6,888. increase 90-1022-1010 Current Tax-Crains Creek 4,740. increase 90-1016-1010 Current Tax-Grove Fire 4,778. increase 90-1019-1010 Current Tax-Spout Springs 10,437. increase 90-1020-1010 Current Tax-Summerville 11,790. increase Revenue: 90-3010-0240 Current Tax-Benhaven Fire 5,828. increase 90-3010-0140 Current Tax-Buies Creek 6,888. increase 90-3010-0300 Current Tax-Crains Creek 4,740. increase 90-3010-0180 Current Tax-Grove Fire 4,778. increase 90-3010-0190 Current Tax-Spout Springs 10,437. increase 90-3010-0200 Current Tax-Summerville 11,790. increase Procurement-Vehicle Maintenance Code 10-5550-073 Capital Outlay-Other Improvements Revenue: 10-3990-000 Fund Balance Appropriated Finance Department Code 10-4400-075 Lease Payments Revenue: 10-3990-000 Fund Balance Appropriated Revenue Code 10-3480-081 10-3990-000 10-3480-075 10-3990-000 Title III - RSVP Fund Balance Appropriated Senior Citizens Outreach Fund Balance Appropriated 850. increase I 850. increase 2,327. increase 2,327. increase 2,465. increase 2,465. decrease 300. decrease 300. increase I DR. MABE APPOINTED TO LEE-HARNETT MENTAL HEALTH BOARD RECORDS DISPOSITION IN FINANCE OFFICE 699 Public Utilities Code 32-9001-002 Salaries & Wages-NE 5,505. increase 32-9001-005 FICA Tax Expense 422. increase 32-9001-006 Group Insurance Expense 824. increase 32-9001-007 Retirement Expense 265. increase 32-9001-0081 401K 56. increase Revenue: 32-3990-001 Fund Balance Appropriated 7,072. increase Code 33-9002-002 Salaries & Wages-Buies Creek-Coats 2,66l. increase 33-9002-005 FICA Tax Expense 204. increase 33-9002-006 Group Insurance Expense 399. increase 33-9002-007 Retirement Expense 128. increase 33-9002-0081 401K 27. increase Revenue: 33-3990-002 Fund Balance Appropriated 3,419. increase Code 34-9003-002 Salaries & Wages-SC 10,093. increase 34-9003-005 FICA Tax Expense 773. increase 34-9003-006 Group Insurance Expense 1,510. increase 34-9003-007 Retirement Expense 485. increase 34-9003-0081 401K 10l. increase Revenue: 34-3990-003 Fund Balance Appropriated 12,962. increase Code 35-9004-002 Salaries & wages-WC 2,447. increase 35-9004-005 FICA Tax Expense 188. increase 35-9004-006 Group Insurance Expense 366. increase 35-9004-007 Retirement Expense 118. increase 35-9004-0081 401K 25. increase Revenue: 35-3990-004 Fund Balance Appropriated 3,144. increase Code 36-9005-002 Salaries & Wages-NW 3,548. increase 36-9005-005 FICA Tax Expense 272. increase 36-9005-006 Group Insurance Expense 53l. increase 36-9005-007 Retirement Expense 171- increase 36-9005-0081 40:LI< 36. increase Revenue: 36-3990-005 Fund Balance Appropriated 4,556. increase Code 37-9006-002 Salaries & Wages-SW 5,597. increase 37-9006-005 FICA Tax Expense 429. increase 37-9006-006 Group Insurance Expense 838. increase 37-9006-007 Retirement Expense 269. increase 37-9006-0081 401K 56. increase Revenue: 37-3990-006 Fund Balance Appropriated 7,189. increase Code 38-9007-002 Salaries & Wages-Bunnlevel Riverside 735. increase 38-9007-005 FICA Tax Expense 57. increase 38-9007-006 Group Insurance Expense 110. increase 38-9007-007 Retirement Expense 36. increase 38-9007-0081 401K 74. increase Revenue: 38-3990-001 Fund Balance Appropriated 1,012. increase Code 39-9008-002 Salaries & Wages-SE 17,798. increase 39-9008-005 FICA Tax Expense 1,362. increase 39-9008-006 Group Insurance Expense 2,288. increase 39-9008-007 Retirement Expense 855. increase 39-9008-0081 401K 178. increase Revenue: 39-3712-005 Rural Water Fees-SE 2,48l. increase 39-9008-035 Bulk Water 20,000. decrease Reqister of Deeds Code 10-4800-002 10-4800-005 10-4800-007 10-4800-0071 Revenue: 10-3990-000 1,869. 143. 93. 19. 2,124. increase increase increase increase increase Salaries & Wages FICA Tax Expense Retirement Expense Supplemental Expense Fund Balance Appropriated APPOINTMENT: Dr. H. D. Mabe, Jr. to Lee-Harnett Mental Health Board to fill the unexpired term of Dr. Mike Larson which will expire 04-05-96. DISPOSITION OF RECORDS: In accordance with the provision of N.C.G.S. S 121 and 132, and as listed in the Records Disposition Schedule issued by the North Carolina Division of Archives and History and adopted by the County of Harnett, the following records in the Finance Office were approved for disposal: DSS Trust Fund 1988-89, GF 1988-89, Payroll 1986, Section 8 :988-89, and General Fund check copies 27300 through 36176 dated 7-1-88 through 6-30-89 (Accounts Payable) . TOO INFORMAL COMMENTS BOBBY L. WICKER APPOINTED TAX ADMIN- ISTRATOR AGREEMENT CONCERNING FOREST LANDS IN HARNETT COUNTY CONTRACT BETWEEN COUNTY & LEE-HARNETT MENTAL HEALTH TO PROVIDE TRANS. RESOLUTION ACCEPTING BID FOR CASE TRENCHER FOR PUBLIC UTILITIES RESOLUTION AMENDING ORD. TO INCREASE NON-OWNER DEPOSITS FOR WATER USERS RESOLUTION AMENDING ORD. TO INCREASE NON-RESIDENT LANDOWNERS DEPOSITS FOR SEWER SYSTEM RESOLUTION AMENDING ORD. TO INCREASE NON-RESIDENT LANDOWNERS DEPOSITS FOR BUNNLEVEL-RIVERSIDE WASTEWATER FACILITIES RESOLUTION AWARDING ENGINEERING SERVICES CONTRACT (SC WATER & SEWER DISTRICT, PHASE DR. SIKES REQUEST FOR TAX REFUND REPORTS Informal comments were provided to the Board from the following citizens: 1. Ed Bain, Lillington - comments regarding County zoning south of the Cape Fear River. 2. Pat Felton, Carolina Lakes - comments regarding County zoning south of the Cape Fear River. 3. Sol Kozma, Dunn - comments regarding appointment of tax administrator 4. Floyd Hein, Twin Lakes - comments regarding Board of Equalization and Review 5. Teddy Byrd, Coats - comments regarding appointment of tax administrator 6. Tom Cooley, Lillington - comments regarding tax revaluation and appointment of tax administrator Commissioner Shaw moved that in accordance with Article 16 of the N.C. General Statutes that Bobby L. Wicker be appointed as Tax Administrator with duties of Tax Collector and Tax Assessor of Harnett County, North Carolina, for a period of two years. Commissioner Hudson seconded the motion and it passed with the following vote: Ayes 3, Noes 2, Absent O. Mr. Wicker's oath of Office is copied at the end of these minutes as Attachment 1. Commissioner Hudson made a motion to approve an agreement between Harnett County and the North Carolina State Department of Environment, Health, and ~atural Resources for the protection, development and improvement of forest lands in Harnett County, for F.Y. 92-93. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Commissioner Titchener made a motion to approve a contract between the County of Harnett and Lee-Harnett Area Mental Health/Developmental Disabilities/Substance Abuse Authority to provide transportation service for Harnett County clients. Commissioner Hill seconded the motion and it passed with a unanimous vote. Commissioner Shaw moved for adoption of a resolution accepting the bid of Prime Equipment Company for a Case trencher for the Harnett County Public utilities Department. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of theDe minutes as Attachment 2. Commissioner Hudson moved for adoption of a Resolution Amending an Ordinance Regulating the Use of Water and Sewer Facilities Operated by the County of Harnett, Fixing Rents, Rates, Fees and Other Charges and Providing for Collection of Same (Increase in Non-Owner Deposits) Section 20(e). Commissioner Shaw seconded the motion and it passed with the following vote: Ayes 3, Noes 2, Absent O. The resolution is copied in full at the end of these minutes as Attachment 3A. Commissioner Hudson moved for adoption of a Resolution Amending Ordinance Regulating Sanitary Sewer System Operated by the County of Harnett (Increase in Non-Resident Landowners Deposits) Part C, Section 3(e)(1)(b). COIT@issioner Shaw seconded the motion and it passed with the following vote: Ayes 3, Noes 2, Absent O. The resolution is copied in full at the end of these minutes as Attachment 3B. Commissioner Hudson moved for adoption of a Resolution Amending Ordinance Regulating Sanitary Sewer System Policies, Rules, Regulations and Rates for Bunnlevel-Riverside Wastewater Facilities (Increase in Non-Residen~ Landowner Deposits) Section VIII (1) (b). Commissioner Shaw seconded the motion and it passed with the following vote: Ayes 3, Noes 2, Absent O. The resolution is copied in f~ll at the end of these minutes as Attachment 3C. III Commissioner Hudson moved for adoption of a Resolution Awarding Engineering Services Contract (South Central Water and Sewer District Phase III Study Project). Commissioner Shaw seconded the motion and it passed with the following vote: Ayes 3, Noes 2, Absent O. The resolution is copied i~ full at the end of these minutes as Attachment 4. I W. Glenn Johnson, County Attorney, briefed the Board that Dr. Charles V. Sikes, Jr. had provided the requested sworn statement concerning his request for a refund of $40.46, which he had paid as late penalty on his tax bill. His sworn statement requested that the $40.46 be refunded based on error involving his tax account. Commissioner Hill moved that the requested refund of $40.46 by Dr. Charles V. Sikes, Jr. be approved. Commissioner Titchener seconded the motion and it passed with a unanimous vote. Dr. Charles V. Sikes' sworn statement is copied in full at the end of these minutes as Attachment 5. Reports for the month of July were filed with the Board from Veteran's Affairs and the Tax Department. I RESOLUTION CONCERNING CAP !TAL AREA JOB TRAINING ALUMNI MONTH BUDGET ~1ENDMENT 701 Commissioner Titchener moved for adoption of a Resolution concerning "capital Area Job Training Alumni Month". 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 6. Commissioner Shaw moved for approval of the following budget amendment for the Education Fund: Code 10-8600-107 School-Current Expense 402,787. increase Revenue: 10-3990-000 Fund Balance Appropriated 402,787. increase Commissioner Hudson seconded the motion and it passed with the following vote: Ayes 3, Noes 2, Absent O. MOTION TO TABLE CONSIDERATION OF FOR 3 DEPUTY I SCHOOL LIAISON Commissioner Hudson made a motion to table consideration of a request REQUEST for 3 Deputy I School Liaison positions for the Sheriff's Department until operational agreement has been developed. Commissioner Shaw POSITIONS seconded the motion and it passed with a unanimous vote. Chairman Stewart stated that the Board would now consider matters sitting in its capacity as the governing body of the Southeast Water DISTRICT and Sewer District of Harnett County. Dallas H. Pope, County Manager, presented for the Board's consideration a proposed Resolution Authorizing Execution of Agreement with the City of Dunn (Southeast Water and Sewer District of Harnett County). Commissioner Hudson 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 7. SOUTHEAST W &S MEETING AGREEMENT WITH THE CITY OF DUNN BUIES CREEK-COATS W & S DISTRICT MEETING RESOLUTION RE: REFUND- ING SANITARY SEWER BONDS FOR BC-COATS Chairman Stewart stated that the Board would now consider matters sitting in its capacity as the governing body of the Buies Creek-Coats Water and Sewer District of Harnett County. John M. Phelps, II, Public utilities Attorney, presented for the Board's consideration a proposed Resolution Regarding Refunding Sanitary Sewer Bonds for Buies Creek-Coats Water and Sewer District. Commissioner Titchener 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 8. RESOLUTION AUTHORIZING John M. Phelps, I I, Public Utili ties Attorney, presented for the PUBLIC HEARING ON NE Board's consideration a proposed resolution authorizing a public WATER SYSTEM ACQUISITION hearing on proposed Northeast water system acquisition. Commissioner Hudson 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 9. EXECUTIVE SESSION ORDINANCE FOR AVAIL- ABILITY AND USE FEES FOR SOLID WASTE DISPO- SAL FACILITIES ADJOURNMENT Commissioner Hill moved that the Board go into executive session to discuss legal matters. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Commissioner Titchener moved that the Board come out of executive session. Commissioner Hill seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manger, presented for the Board's consideration a proposed Ordinance for Availability and Use Fees for Solid Waste Disposal Facilities. Mr. Pope stated that the ordinance was approved by a majority vote at the last Board of Commissioners meeting but that all commissioners were not present at that meeting; therefore, in accordance with N.C.G.S. S 153A-45, the ordinance is presented again for consideration at this meeting. Commissioner Hudson moved for adoption of the ordinance. Commissioner Titchener seconded the motion and it passed with a unanimous vote. The ordinance is copied in full at ~he end of these minutes as Attachment 10. Th~re being no further business, the Harnett County Board of Commissionera meeting in regular session, August 3, 1992, duly adjourned at 12:30 p.m. ~ J. /1€A,~V~~vJ Ka S. Blanchard, Secretary 702 Attachment 1. HARNETT COUNTY NORTH CAROLINA OATH OF OFFICE TAX ADMINISTRATOR I, Bobby L. Wicker, do solemnly swear (or affirm) that I will support and maintain the constitution and laws of the united states, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as Tax Administrator with duties of Tax Collector and Tax Assessor of Harnett County, North Carolina, and that I will not allow my actions as Tax Administrator with duties of Tax Collector and Tax Assessor to be influenced by personal or political friendships or obligations, so help me God. This the third day of August, NineteenHundref t N7..:ety Two. , ~ Bobby L. wicker Tax Administrator sworn to and subscribed before me this 3rd day of August, 1992. l ") /1 _ ~' p' , ~c~ V"f~7 r:::fJ/..(}"UAJ :Jflt.:td l<:~~~~-v ~-u:..;r- Ii My Commission Expires Attachment 2. NORTH CAROLINA, HARNETT COUNTY Model 760 RESOLUTION ACCEPTING BID OF CASE TRENCHER THAT WHEREAS, the Harnett County Department of Public utilities has heretofore solicited bids in connection with the Trencher to be acquired for use by the Department of Public utilities; and WHEREAS, said bids were solicited pursuant to the General Statutes of the State of North Carolina and all bid solicitation requirements have been complied with; and WHEREAS, bids were received Department of Public utilities solicitation of bids; and by the Harnett County in response to such WHEREAS, said bids were delivered to the Harnett County Department of Public utilities on West Duncan street, Lillington, North carolina, where they were opened and evaluated; and WHEREAS, the Harnett County Department of Public utilities has determined that Prime Equipment Company has submitted the lowest bid which meets the bid requirements and that Prime Equipment Company is the lowest bidder, taking into consideration quality, performance and other requireme~ts specified by the bid solicitation process conducted by ';:'he Department of Public utilities; and I WhER.!:~-.S, the ~arnett County Board of Commissioners, mee'':iI:C; i:'1 regular &ession on August 3, 1992, has reviewea the proposals submitted by all bidders and has concluded that the contract to provide one Model 760 Case Trencher for the above referenced county department should be awarded to Prime Equipment Company. 703 NOW, THEREFORE, BE IT RESOLVED by the Harnett county Board of Commissioners, upon motion duly made, seconded and adopted, that the bid of Prime Equipment Company in the amount of Thirty-four Thousand Nine Hundred Eighty Nine dollars ($34,989) to provide a 1992 Model 760 Case Trencher shall be and same is hereby accepted, the contract for such sh~l~ ~e awarded. by th7 Harnett County Department of Public Ut1~1~1es to Pr1me Equ1pment Company, and the appropriate of~1~1~ls of the Harnett County Department of Public Ut~l1t1es 7hall be and they are hereby directed to notify Pr1me Equ1pment Company of the acceptance of its bid.and execute any appropriate contracts in connection therewith. This is the 3rd day of August, 1992. HARNETT COUNTY BOARD OF COMMISSIONERS Byar j ~~ I '7 Cha i man ATTEST: By: 1~ 'z.(J(h Clerk ( . Attachment 3A. RESOLUTION AMENDING AN ORDINANCE REGULATING THE USE OF WATER AND SEWER FACILITIES OPERATED BY THE COUNTY OF HARNETT FIXING RENTS, RATES FEES AND OTHER CHARGES AND PROVIDING FOR COLLECTION OF SAME (INCREASE IN NON-OWNER DEPOSITS) Section 20(e) WHEREAS, the County of Harnett has established a Department of Public Utilities for the purpose of managing and operating water supply and distribution systems owned and/or operated by said County; and WHEREAS, the County has heretofore adopted that certain ordinance entitled "An Ordinance Regulating the Use of Water and Sewer Facilities Operated by the County of Harnett Fixing Rents, Rates, Fees and other Charges and Providing for Collection of Same" to provide said Department of Public Utilities with reasonable rules and regulations to protect and regulate said water supply and distribution systems owned and/or operated by the County; and WHEREAS, the Board of Commissioners of the County of Harnett desires to amend Section 20(e) of the above mentioned Ordinance which sets forth the minimum cash deposits required of water users. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the County of Harnett that Section 20 (e) of that Ordinance hereinabove identified shall be amended to read as follows: (e) All users who own real estate within the County will make a minimum cash deposit of $10.00. All other users shall make a minimum cash deposit of $50.00. Deposits shall not draw interest. All users who qualify as commercial users under the then current rate structure shall be exempt from this deposit requirement. 704 Attachment 3B. AND BE IT RESOLVED THAT: 1. The amendment herein set forth shall become effective this 3rd day of August, 1992; and The Harnett County Department of Public utilities is 2. hereby authorized and directed take such to .. . t' as are necessary so as to adm~n~strat~ve ac ~ons implement the above amendment. Duly adopted this 3rd day of August, 1992 upon motion made by Commissioner Hudson seconded by Commissioner Shaw and adopted by the following vote: 3 2 o Absent Noes Ayes Board of Commissioners of the County of Harnett RESOLUTION AMENDING ORDINANCE REGULATING SANITARY SEWER SYSTEM OPERATED BY THE COUNTY OF HARNETT (INCREASE IN NON-RESIDENT LANDOWNERS DEPOSITS) Part C, Section 3(e)(1)(b) WHEREAS, the County of Harnett has established a Department of Public Utilities for the purpose of managing and operating sewerage collection and treatment systems owned and/or operated by said County; and WHEREAS, the County has heretofore adopted that certain ordinance entitled "Ordinance Regulating Sanitary Sewer System Operated By The County of Harnett" to provide said Department of Public Utilities with reasonable rules and regulations to protect and regulate said sewerage collection and treatment systems owned and/or operated by the County; and WHEREAS, the Board of Commissioners of the County of Harnett desires to amend Part C, Section 3(e)(1)(b) of the above mentioned Ordinance which sets forth the deposits required of non-resident I landowners. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the County of Harnett that Part C, Section 3(e)(1)(b) of that Ordinance hereinabove identified shall be amended to read as follows: (b) Deposits of $50.00 shall be required for initial service to all residential users not qualifying as resident landowners; deposits of $50.00 shall be required for initial service to all commercial users not qualifying as resident landowners. Attachment 3C. I 705 AND BE IT RESOLVED THAT: 1. The amendrr.ent herein set forth shall become effective this 3rd day of August, 1992i and 2. The Harnett County Department of Public Utilities is hereby authorized and directed take such to administrative actions as are necessary so as to implement the above amendment. Duly adopted this 3rd day of August, 1992 upon motion made by Commissioner Hudson Commissioner seconded by Shaw and adopted by the following vote: Ayes 3 o 2 Absent Noes Board of Commissioners of the County of Harnett B \PUBUT\RES. OPE RESOLUTION AMENDING ORDINANCE REGULATING SANITARY SEWER SYSTEM POLICIES, RULES, REGULATIONS AND RATES BUHNLEVEL-RIVERSIDE WASTEWATER FACILITIES (INCREASE IN NON-RESIDENT LANDOWNER DEPOSITS) Section VIII (l)(b) WHEREAS, the County of Harnett has established a Department of Public Utilities for the purpose of managing and operating sewerage collection and treatment systems owned and/or operated by said County; and WHEREAS, the County has heretofore adopted that certain Ordinance entitled "Ordinance Regulating Sanitary Sewer System Policies, Rules, Regulations and Rates, Bunnlevel-Riverside Wastewater Facilities" to provide said Department of Public Utilities with reasonable rules and regulations to protect and regulate said sewerage collection and treatment systems owned and/or operated by the County; and WHEREAS, the Board of Commissioners of the County of Harnett desires to amend Section VIII(l)(b) of the above mentioned Ordinance which sets forth the deposits required of non-resident landowners. 706 Attachment 4. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the County of Harnett that Section VIII(l)(b) of that Ordinance hereinabove identified shall be ame~ded to real as follows: (b) Deposits of $50.00 shall be required for initial service to all residential users not qualifying as resident landowners; deposits of $50.00 shall be required for initial service to all commercial users not qualifying. as resident landowners. AND BE IT RESOLVED THAT: 1. The amendment herein set forth shall become effective this 3rd day of August, 1992; and 2. The Harnett County Department of Public Utilities is hereby authorized directed and take such to administrative actions as are necessary so as to implement the above amendment. Duly adopted this 3rd day of August, 1992 upon motion made by Commissioner Hudson by Commissioner seconded Shaw and adopted by the following vote: Ayes 3 Absent o 2 Noes Board of Commissioners of the County of Harnett BY~l~~ L 0 . G. Stew rt, Chairman of the Board Attest: r !~ Vanessa W. Young, to the Board RESOLUTION AWARDIBG ENGINEE~ING SERVICES CONTRACT (SOUTH CENTRAL Wf.TER A!1D fo>EWER DISTRICT PHASE HI STUDY PROJECT) THAT WHEREAS, the Board of Commissioners of the County of Harnett (hereinafter sometimes referred to as the "Board") pursuant to resolution adopted April 20, 1992 entitled "Resolution Regarding Procurement of Engineering Services (South Central Water and Sewer District Phase III Study Project)", declared the above referenced Project exempt from the provisions of Article 3D of Chapter 143 of the General Statutes of North Carolina and otherwise instructed I certain officials and representatives of the County with respect to the selection process for engineers to provide services for the said Project; and WHEREAS, in accordance with the instructions of the Board, the County Public Utilities Director completed a Request for Proposals with respect to the said Study Project which was distributed to engineering firms which have shown reasonable interest in providing engineering services to the County; and 707 WHEREAS, four proposals were received in the office of the County Manager regarding the services to be performed, each setting forth the respective qualifications of the firms responding and stating a proposed fee for such services; and WHEREAS, said proposals were reviewed and evaluated taking into account the demonstrated competence and qualifications for the type of professional services required and the fee to be charged therefor; and WHEREAS, in accordance with the referenced Resolution of April 20, 1992, it is now recommended to the Board that it employ the firm of Marziano & Minier, P.A. of Asheboro, North Carolina to perform the engineering services related to the aforementioned Project at the fee of $17,000; and WHEREAS, it is the desire of the Board to accept said recommendation and to provide for the employment of said firm and to authorize work to commence on the Project as soon as practicable. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett that: 1. The firm of Marziano & Minier, P.A. of Asheboro, North Carolina is hereby selected and shall be employed to provide the engineering services associated with the South Central Water and Sewer District Phase III Study Project. 2. The appropriate representatives of the County are hereby authorized and directed to make provision for the preparation of the necessary documentation to effect the said employment and upon the completion thereof the appropriate officers of the County are hereby authorized to execute the same for and in behalf of the County and to thereupon authorize commencement of the work. Duly adopted this 3 day of August, 1992, upon motion made by Commissioner Hudson seconded by Commissioner Shaw and adopted by the following vote: Ayes 3 Noes 2 Absent o Board of Commissioners of the County of Harnett I By Attest: ~ 't~f~/ Vanessa W. Young, ler to the Board 708 Attachment 5. JUNE 18, 1992 HARNETT BOARD OF COMMISSIONERS LILLINGTON, NC 27546 RE: TAX PENALTY ON 1991 PROPERTY TAXES FOR OPTOMETRIC OFFICE AT 210 W. IVEY STREET, LILLINGTON, NC. OWNER: DR. CHARLES V. SIKES, JR. DEAR BOARDMEMBERS: THROUGH A MISTAKE IN COMMUNICATIONS BETWEEN RALEIGH FEDERAL AND THE HARNETT COUNTY TAX OFFICE, THE HARNETT COUNTY TAX OFFICE ORIGINALLY LISTED MY OFFICE BUILDING WITH A CODE WHICH SPECIFIED THAT THE TAXES WERE IN ESCROW WITH RALEIGH FEDERAL SAVINGS BANK AND THAT THE TAX BILL WAS TO BE SENT TO RALEIGH FEDERAL FOR PAYMENT EACH YEAR. UNFORTUNATELY, THIS WAS INCORRECT AND WHEN THE TAX BILL WAS GENERATED IT WENT TO RALEIGH FEDERAL INSTEAD OF TO ME. A SECOND ERROR THEN OCCURRED WHEN RALEIGH FED2RAL PAID THE T~X BILL WITHOUT HAVING RECEIVED THE MONIES FROM ~E. I SUBSEQUENTLY DISCOVERED THE ERROR IN PAYMENT UPON INQUIRING ABOUT MY TAX LIABILITY FOR 1990. I THEN CONTACTED RALEIGH FEDERAL AND REIMBURSED THEM FOR THE AMOUNT OF THE TAXES PAID IN ERROR. I ASKED RALEIGH FEDERAL TO CONTACT THE TAX OFFICE AND CORRECT THE CODING FOR FUTURE TAX BILLS. THEY AGREED. ADDITIONALLY, I CONTACTED THE TAX OFFICE IN PERSON TO ALSO REQUEST THE CORRECTION OF THE CODING ERROR. AT THIS TIME, I WAS TOLD THAT THE CORRECTION HAD BEEN MADE AND THAT I WOULD HAVE NO MORE TROUBLE WITH MY TAX BILLS. HOWEVER, ON APPROXIMATELY APRIL 13, 1992, I RECEIVED A CALL FROM MY FATHER NOTIFYING ME THAT MY NAME AND ADDRESS WERE LISTED IN THE NEWSPAPER AS BEING DELINQUENT IN PAYING HARNETT COUNTY TAXES. I CONTACTED THE TAX OFFICE AND FOUND THAT THE IMPROPER CODING TO SEND THE BILL TO RALEIGH FEDERAL INSTEAD OF TO ME STILL REMAINED ON MY PROPERTY LISTING. ON APPROXIMATELY APRIL 15, 1992 I PERSONALLY APPEARED AT THE TAX OFFICE AND PAID $831.98 WHICH WAS THE AMOUNT OF THE ORIGINAL TAX EXCLUDING ANY LATE PENALTY WHICH I STRONGLY CONTENDED I DID NOT OWE DUE TO THE CIRCUMSTANCES AND THE RECENT HISTORY DESCRIBED ABOVE. I WAS TOLD THAT NO ONE THERE WAS ABLE TO CORRECT THE ERROR. ON FURTHER QUESTIONING I FOUND THAT I WOU~D HAVE TO GO BEFORE THE HARNETT COUNTY BOARD OF COMMISSIONERS TO HAVE THE MATTER ADDRESSED. ADDITIONALLY, I FOUND THAT IT WAS NOT POSSIBLE FOR ME TO GAIN SUCH AN APPEARANCE UNTIL A LATER DATE. TO AVOID FURTHER ACCRUAL OF PENALTY, AND FURTHER EMBARASSMENT IN T1E NEWSPAPER, I RETURNED TO THE TAX OFFICE ON APPROXIMATELY APRIL 24, 1992 AND PAID $40.46 IN LATE FEE 70 CLEAR OUT THE ACCOUNT UNTIL I COULD APP~AR BEFORE THE BOARD AND CLEAR THE RECORD. THE CLERICAL ERRORS OF FAILING TO REMOVE AN IMPROPER CODING ON MY LISTING AS WELL AS INFORMING ME THAT IT HAD BEEN DONE, RESULTED IN THE TAX BILL AGAIN BEING ERRONEOUSLY SENT TO RALEIGH FEDERAL. RALEIGH FEDERAL DID NOT FORWARD THE NOTICE OR COMMUNICATE WITH ME IN ANY WAY CONCERNING THIS MATTER, SO I WAS LEFT WITHOUT THE PROPER AND CUSTOMARY REMINDER ON WHICH WE ALL DEPEND. BECAUSE BOTH THE CLERICAL ERROR IN THE COUNTY TAX OFFICE AND THE RESULTING LATE FEE OCCURRED THROUGH NO FAULT OF MYOWN, I RESPECTFULLY REQUEST THAT THE BOARD OF COMMISSIONERS OFFICIALLY CLASSIFY THIS INCIDENT AS A CLERICAL ERROR AND ORDER IT CORRECTED AND THE LATE FEE OF $40.46 REFUNDED. RESPECTFULLY SUBMITTED, /'?/l / J j~jl ~" Li<t:-.. 6.. ~. ,1 tcx. C/) CHARLES V. SIKES, J . O.D. A, .vICvi... 1. 'b.drlJ:J1 \" 0 'II Q I) ~ rt (, (. ~.'~\ F. t( ~.tl J) /;;~~\~.; ." "'>(';.>00 rJr. : r,.~ '=:-i-)C,fTI' "- ~ . . : *" : r~.".-, : 1-.?" ; ~ \ PL;;~'L~[; .: aD ... ...0- ~.(-<:... ~~.~.,~v.o ~ <.'(-' .......:--.1 ;-... · f/ It [lU U~,\ ~ '\, ~.. .q.'~ula"Q'o~O Sworn to and subscribed before me, this the 13th day of July, 1992. Notary Public My Commission Expires: 10-30-96. I Attachment 6. Attachment 7. 709 RESOLUTION WHEREAS, Job Training programs are effective means for assisting school dropouts, welfare recipients, unskilled adults, disadvantaged youth, dislocated workers and others who face serious barriers to employment; WHEREAS, the members of Congress, the press and our community should be informed of the positive impact job training has on the lives of our fellow citizens; WHEREAS, all partners in the Job Training Partnership Act system (federal, state and local government, business, labor, labor education, community-based organizations and service providers) must assume an active role in effectively communicating the success of the program; WHEREAS, Job Training Alumni (individuals who have successfully completed the program) who have overcome their barriers to employment and are now p~oductive members of our community are the best advocates for the program; WHEREAS, it is the desire of the Harnett County Board of Commissioners to officially recognize the achievements of Wake, Johnston and Harnett Counties' Job Training Alumni and to support the program; NOW, THEREFORE, the Harnett County Board of Commissioners he~eby proclaims August, 1992, .Capital Area Job Training Alumni Month.. This the 3 day of August Stewart, Board of County Commissioners Commissioner Titchener moved the adoption of the foregoing Resolution. Commissioner Hill seconded the motion and, upon vote, the motion passed unanimously this the ...2- day of August 1992. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE CITY OF DUNN (Southeast Water and Sewer District of Harnett County) WHEREAS, the Board of Commissioners of the County of Harnett sitting as the governing body of Southeast Water and Sewer District of Harnett County, has reviewed and considered that Agreement between the City of Dunn and Southeast Water and Sewer District of Harnett County, a copy of which is attached hereto as Exhibit A; and WHEREAS, it is the desire of the Board to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the County of Harnett sitting as the governing body of Southeast Water and Sewer District of Harnett County that: 1. Southeast Water and Sewer District of Harnett County shall and hereby does agree to enter into that Agreement with the City of Dunn, a copy of which is attached hereto as Exhibit A. 2. The Chairman of the Board, sitting as the governing body of the District, and the Clerk to the Board and of the District are hereby authorized and directed to execute the originals of said Agreement. 710 Duly adopted this 3rd day of August, 1992 upon motion.ma?e by Commissioner Hudson , seconded by CommlSSloner Hill and adopted by the following vote: AYES 5 NOES o ABSENT 0 BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT sitting as the governing body of Southeast Water and Sewer District of Harnett County I By: ;LT: Vanessa W. Young, Board and of Sout Sewer District of to the EXHIBIT A NORTH CAROLINA AGREEMENT HARNETT COUNTY THIS AGREEMENT is made and entered into as of the _____ day of 1992, by and between the CITY OF DUNN, a municipal corporation organized and existing under the laws of the State of North Carolina (hereinafter sometimes referred to as "City") and SOUTHEAST WATER AND SEWER DISTRICT OF HARNETT COUNTY, a County water and sewer district organized and existing under the laws of the State of North Carolina (hereinafter sometimes referred to as "District"). WIT N E SSE T H: THAT WHEREAS, District was crected by the Board of Commissioners of the County of Harnett on August 15, 1988 and includes within its boundaries portions of Averasboro and Duke Townships, along with a certain area over which City exercises extraterritorial jurisdiction as is authorized under and pursuant to Article 19 of Chapter 160A of the General Statutes of North Carolina; and WHEREAS, City and District are interested in the orderly growth of the area included within City's extraterritorial jurisdiction, and in the development of District's water distribution facilities in a manner that is compatible therewith; and WHEREAS, City and District have heretofore entered into an Agreement dated SepteJ'llber 6, 1990 wherein a number of mutual agreements were made between the parties relative to the District and other matters; and WHEREAS, District and City now desire to set forth herein the remainder of their mutual agreements which are designed to provide for consistent and coordinated water facilities systems. NOW, THEREFORE, in consideration of the mutual representations, warranties, covenants and agreements contained herein and hereinafter set forth, City and District agree as follows: SECTION I SCOPE OF AGREEMENT This Agreement is intended to satisfy all concerns of the parties relative to the construction of District's water facilities and to set forth the unrierstandings and agreements of the parties hereto with respect to the following mattersl 711 A. The designation of certain areas within the District where City will provide water service. B. d . t' f certa;n upgrades and other The es~gna ~on 0 ... I modifications to be made to District's water facilities system. C. The provision for transfer of District's water customers to City upon annexation by City of areas where said customers are located. D. The connection of individual water meter services along the existing water pipeline located along U.S. Highway 301 north of Dunn. E. The sale of potable water to areas of the District located on the north side of Dunn. F. The various details and procedures to be utilized by District and City relative to the matters herein agreed upon. SECTION II DESIGNATION OF CITY WATER SERVICE AREA A. General. It is acknowledged by City and District that an area lies outside the perimeter of the corporate limits of the City of Dunn over which City, pursuant to N.C. Gen.Stat.S160A-360, exercises extraterritorial jurisdiction. City currently intends to annex into its corporate limits a portion of said area as hereinbelow described and as a result thereof would be responsible, among other things, for providing water service therein. In an effort to avoid duplication of facilities and in anticipation of such annexation, it is agreed between City and District that City, pursuant to this Agreement, will provide water services in said proposed annexation area. B. Desianation of Proposed Annexation Area. The proposed area to be annexed into the corporate limits of the City of Dunn as mentioned above is that area generally known as Glover Estates, and for purposes of this Agreement and water service matters, shall include those properties lying adjacent to the following streets or roads: 1. That portion of SR 1715 (Meadowlark Road) which begins at its intersection with SR 1705 (Fairground Road) and runs in a northerly direction to its intersection with SR 1893 (Eldridge Street). 2. SR 1868 (Beale Street). 3. SR 1891 (Chelsea Street) . 4. SR 1892 (Beasley Street) . 5. SR 1893 (Eldridge Street). 6. SR 1894 (Ann Street). C. Commencement of Service. District desires that water service in the area above identified be made available to customers therein within a time period substantially similar to the time period such services would have been available if provided by the District. City covenants with District that it will cause water service to be available to said area within that time period above specified. City further agrees to promptly notify in writing those potential water customers in the area described of its intention and agreements herein set forth. 712 SECTION III UPGRADES TO DISTRICT SYSTEM A. General. Areas within the City's extraterritorial jurisdiction, other than the service area designated in Section II above, are anticipated to be annexed into the City limits at some future date. City and District have mutually agreed that certain upgrades should be made to the District's water facilities in such areas so as to eliminate duplicative efforts and costs associated with multiple pipelines and to provide for facilities at the current time which will meet the reasonable expected future needs I of the parties. B. Uoarades Specified. The following upgrades of the District's system shall be completed by the District as part of its water facilities project: 1. The pipeline to be installed adjacent to that portion of SR 1808 (Jonesboro Road) which begins at the intersection of SR 1808 and SR 1802 and runs eastwardly crossing Interstate Highway 95 to the intersection of SR 1808 and 1806 shall be increased in size from an eight (8) inch to a twelve (12) inch. 2. The pipeline to be installed adjacent to that portion of U.S. Highway 421 which begins at the intersection of U.S. Highway 421 and SR 1794 and runs northwardly to the intersection of U. S. Highway 421 and N. C. Highway 55 shall be increased in size from an eight (8) inch to a twelve (12) inch. 3. The pipelines to be installed adjacent to those roads indicated below shall be increased in size as required to add fire hydrants: a. That portion of SR 1851 which begins at its intersection with SR 1793 and runs westwardly to the point where said SR 1851 turns in a southerly direction. b. That road designated as SR 1912 which begins at its intersection with SR 1793 and runs westwardly to its end. c. That road designated as SR 1913 which begins at its intersection with SR 1912 and runs southerly and I then westwardly to its end. d. That road designated as SR 1866 which begins at its intersection with SR 1793 and runs southwesterly to its end. point where said SR 1873 turns in a southerly e. That portion of SR 1873 which begins at its intersection with SR 1785 and runs westwardly to the direction. C. Costs of Uoarades. The cost of the upgrading of the system of District as specified above, including the costs for acquisition and installation of fire hydrants and appurtenant equipment, shall be paid'to District by City. Said cost shall be paid to District as provided in Section III (E) below. 713 D. Determination of Cost of Upgrades. The cost of the upgrading of the system of District as specified above shall be the total of the following amounts: I 1. The cost of increasing pipeline sizes as described in subsection III (B) above, which cost shall be calculated by multiplying that amount which is the difference between the unit prices of the orig~nally required pipeline size and the increased pipeline size [as specified in the contract(s) with the successful bidder(s)] by the length of pipeline to be installed. By way of example, where original requirements were an eight (8) inch pipeline an~ the increased requirement is a twelve (12) inch pipeline, the difference in unit prices between the cost of an eight (8) and a twelve (12) inch pipeline [as specified in the contract(s) with the successful bidder(s)] will be multiplied by the length of pipeline involved; and 2. The cost of acquiring and installing fire hydrants as described in subsection III (B) above, as specified in the contract(s) with the successful bidder(s). 3. The cost of acquiring and installing valves and other appurtenant equipment necessary to complete the upgrades described. The cost of the upgrading of District's system shall be calculated by District's engineer as soon as practicable after contract(s) award, and thereafter promptly submitted to City. E. Time When Costs of Upgrades Due. The cost of the upgrading of the system of District as specified above shall be due an payable to District by City as follows: One-third (1/3) thereof shall be due and payable within ten (10) days after the cost of the upgrades has been submitted to City. One-third (1/3) thereof shall be due and payable within ten (10) days after notification to City by District that one-half (1/2) of the project construction is completed. One-third (1/3) thereof shall be due and payable within ten (10) days after notification to City by District that the project construction is substantially completed. City covenants that it currently has available for its expenditure sufficient funds to pay the costs of the expansions as set forth above, and agrees to supply to District, upon request, sufficient documentation to verify the same. F. Procedure Regarding Upgrade Construction. The upgrading of the system of District as set forth in this Section shall be implemented as part of the District's overall water facilities project, and as such the following provisions shall apply: 714 1. District shall cause its consulting engineer to design the system for District to include the upgrades herein described. Thereafter, the consulting engineer employed by District shall confer with the consulting engineer employed by City for the purpose of mutually agreeing to the engineering details of the upgrades. The designs shall be submitted to the necessary federal, state and/or local governments and/or agencies as is required by law and District shall obtain approval therefrom for the same. I 2. 3. The project, including the upgrades herein set forth, shall be submitted and advertised for bids pursuant to applicable law. 4. The contract or contracts for the installation and construction of the water facilities for District, including the upgrades herein set forth, shall be awarded, pursuant to law, by District. The determination as to which bidder or bidders shall be awarded contracts shall be made by District. SECTION IV OTHER MODIFICATIONS TO DISTRICT SYSTEM A. General. As a result of negotiations between City and District and in an effort to complement the service areas of each, it is agreed that other modifications shall be made to the District's system. B. Modifications Soecified. The following modifications of the District's system .shall be implemented by the District as part of its water facilities project: 1. The pipeline to be installed adjacent to SR 1715 shall extend from the intersection of SR 1715 and SR 1722 in a southerly direction to such point as will enable District to serve its most southerly water user along said road. 2. The pipeline to be installed adjacent to SR 1705 shall extend in a southerly direction from the intersection of SR 1705 and SR 1714 to such point as will enable District to serve its most southerly water user along said road. 3. The pipeline to be installed adjacent to that portion of SR 1712 which begins at the intersection of SR 1712 and U.S. Highway 301 and runs northwardly to the intersection of SR 1712 and SR 1711 shall be reduced in size from a twelve (12) inch to an eight (8) inch. 4. The pipeline to be installed adjacent to that portion of SR 1711 which begins at the intersection of SR 1711 and SR 1712 and runs westwardly to the intersection of SR 1711 and SR 1705 shall be reduced in size from a twelve (12) inch to an eight (8) inch. 5. The meter designated as Master Meter No.2 shall be moved from its original location along SR 1793 to a point along SR 1780 which is located west of the intersection of SR 1780 and u.s. Highway 301. 715 6. The pipeline which was originally to be installed adjacent to that portion of SR 1793 which begins at the intersection of SR 1793 and SR 1851 and runs northwardly to the original location of Master Meter No.2 shall be I 7. deleted. The pipeline to be installed adjacent to SR 1785 shall connect to the system of City at the City limits along said SR 1785 (without a meter) and shall run in a southerly and then southwesterly direction to such point as will enable District to serve its most southwesterly water user along said road. 8. The pipeline to be installed adjacent to SR 1791 shall connect to the system of City at the City limits along said SR 1791 (without a meter) and shall run in a southwesterly direction to a point east of SR 1002. SECTION V TRANSFER OF CUSTOMER SERVICES UPON AHHEXATION A. General. It is agreed that when territory within the boundaries of the District is annexed into the City, District water customer services located in such territory shall be transferred from District to City in accordance with this section. B. Sale and Purchase. Upon annexation of District territory into the City, District agrees to sell to City and City agrees to purchase from District all water pipelines, mains, laterals, meters and appurtenant equipment (the water facilities) necessary to supply water to customers located within such territory. C. Purchase Price. The purchase price to be paid by City for the water facilities shall be that sum of money which equals the product of the number of District water customer services annexed multiplied by the principal amount of the debt which remains unpaid with respect to each such customer service. The principal amount of the debt which remains unpaid with respect to each such customer service shall be calculated by dividing the principal balance due on the District's debt by the number of existing District water customer services (including those water customer services annexed) . The calculations above described shall be made based upon the principal balance due on the District's debt and the number of existing District water customer services as of the last day of the fiscal year during which an annexation becomes final as interpreted under North Carolina law. D. Payment of Purchase Price. The effective date of a transfer of District water customer services from District to City I shall be as of the last day of the fiscal year during which an annexation becomes final as interpreted under North Carolina law. The purchase price payment shall be made within thirty (30) days after the effective date above described. E. Procedure for Transfer of Customer Services. 1. At such time as City determines that it desires to annex territory within the District where water service is provided by District, City shall thereupon provide the following information to District: a. A description of the territory to be annexed, together with a map or plat of such territory. 716 b. The number of District water customer services located in the territory to be annexed. c. Estimated timetable to be utilized in processing and completing the annexation. d. Such technical information and data as is necessary customer service transfers. I to fully acquaint representatives of District with the physical plans of City related to District 2. Upon review and evaluation of the information supplied by City, the appropriate District representatives shall advise City of any suggestions they may have relative to technical matters and the transition of services. 3. Represantatives of District and City shall meet and mutually agree upon technical matters regarding the transfer of services and shall cooperate with one another to effectuate an orderly transfer of the service from District to City. F. Costs Associated with Transfer of Customer Services. City shall be responsible for designing and constructing and/or installing any water pipelines or mains, any master meter vaults and appurtenant equipment, together with any fees and costs associated therewith, necessary to effectuate the transfer of customer services as herein provided. Any costs incurred by District for disconnections, capping or similar work associated with the transfer of customer services shall be reimbursed to SECTION VI CONNECTIONS TO EXISTING PIPELINE LOCATED ALONG HIGKWAY 301 NORTH District by City upon billing. A. General. Pursuant to agreement dated August 14, 1975 between City and the County of Harnett, (the "1975 Agreement") a water transmission line was constructed extending from Powell Manufacturing Company along U.S. Highway 301 North of Dunn to the Harnett-Johnston County Line. Said pipeline shall hereinafter be referred to as the "301 north pipeline." The same, pursuant to the 1975 Agreement, has been, and continues to be, maintained and operated by the City. Connections to the 301 north pipeline by District shall be made pursuant to and in accordance with the Section. B. Connections Durina Construction. It is agreed that as part of its implementation of its water facilities project, District shall provide for the installation of meter connections to the 301 north pipeline. Said installation shall be made pursuant to and in accordance with the following terms, conditions for each customer desiring water service during I and procedures: 1. Said meter connections shall be made by the contractor(s) construction of District's water facilities project. Any customers served by such meter connections shall be and remain customers of District. 2. Such meter connections shall include a service lateral from the 301 north pipeline and a complete meter service facility. 717 3. District may charge and collect water connections fees for such meter connections as are described in this Section in accordance with its policies, rules and regulations. Such fees as are collected shall be retained by District. 4. City shall collect no fees or other charges for the meter connections as are described in the section. City hereby expressly waives its right to charge and collect any fee or charge as set forth in the 1975 Agreement. 5. Such meter connections as are described in this Section shall be completed in accordance with standard practices and procedures and approval for the same, where applicable, shall be obtained from the necessary federal and/or state governments and agencies. 6. Upon completion of a meter connection as described herein, the lateral and meter facility installed shall be and remain the sole and exclusive property of the District. The District shall own, operate and maintain the same as part of its water distribution facilities. District shall be entitled to collect and retain all revenues from customers served by the meter connections herein provided for. 7. City shall read meters installed pursuant to this Section at no cost to District, and shall provide such meter readings to District for billing. B. Water provided through such ,meter connection shall be delivered in accordance with Section VII hereof. C. Connections After Construction Completion. Connections made to the 301 north pipeline after completion of District's initial facilities project shall be made in accordance with subsection B of this Section, except that meter connections will be made by District or its operator. SECTION VII WATER SALE TO DISTRICT City agrees to sell water to District pursuant to and in accordance with the following terms, conditions, and procedures: A. Ouality and Ouantity. City agrees to furnish District at the points of delivery hereinafter specified potable treated water meeting applicable purity standards of the Division of Health Services, Department of Environment, Health and Natural Resources of the State of North Carolina, in such quantity as may be required by the District. B. Points of Deliverv. The water will be furnished to District at the following locations. I 1. At a point located along SR 1780 which is located west of the intersection of SR 1780 and U.S. Highway 301. A Master Meter designated as Number 2 will be constructed and installed at this point. 2. At a point located along SR 1785 where City's existing pipeline terminates. There shall be no meter facility installed at this point. (See section IV(B)(7) hereof). 3. At a point located along SR 1791 where City's existing pipeline terminates, there shall be no meter facility installed at this point. (See Section IV(B)(8) hereof). 4. At those points along U.S.Highway 301 North where 718 individual service connections have been installed in accordance with Section VI of this Agreement. C. Pressure. The water will be furnished to District at the points designated in subsection B above at a reasonable constant pressure calculated at fifty (50) pounds per square inch at the points of delivery to the District. D. Metering Eauioment. District shall furnish and install at its own expense the Master Meter to be located at the point designated in subsection B above. The same shall include the necessary metering equipment, including a meter house or pit, and required devices of standard type for properly measuring the quantity of water delivered to District. City will calibrate such metering equipment whenever requested by District, but not more frequently than once every twelve (12) months. A meter registering not more than two percent (2%) above or below the test result shall be deemed to be accurate. The previous readings of any meter disclosed by test to be inaccurate shall be corrected for the three (3) months previous to such test in accordance with the percentage of inaccuracy found by such tests. If any meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water delivered in the corresponding period immediately prior to the failure, unless City and District shall agree upon a different amount. City will operate and maintain at its own expense the Master Meter herein described. The metering equipment shall be read on the first day of each month by City. Appropriate officials of District shall have access to the meters at all reasonable times. E. Emeraency Failures. Emergency failures of pressure or supply due to main supply line breaks, power failure, flood, fire, and use of water to fight fire, earthquake or other catastrophe shall excuse City from the provisions of this Section for such reasonable period of time as may be necessary to restore services. In such event, District shall have the right to obtain its supply of water from alternate sources until service is restored. F. Billing Procedure. City will furnish District not later than the fifth (5th) day of each month, with an itemized statement of the amount of water furnished the District (through those individual meters referred to in Section VI hereof and those meter facilities and other points of delivery referred to in Section VII(B) hereof) during the preceding month. G. Rates and Payment Date. District agrees to pay to City, not later than the twentieth (20th) day of each month, for water delivered in accordance with that schedule of rates, as adopted from time to time by the City, for bulk municipal (wholesale) customers. There shall be no minimum rate. H. Connection Fees. It is understood that no connection fee or fees or other charges shall be made to District for water connections made pursuant to this Agreement. I. Water During Construction. When 'requested by District, City will make available to District and/or its contractor(s) at the point or points of delivery, or other points reasonably close thereto, water sufficient for testing, flushing and trench filling the system, facilities and/or water distribution line(s) of District during construction, irrespective of whether metering I 719 equipment has been installed at that time. Charges for water so made available shall be calculated based upon the rate stated in subsection G above. Such charges shall be paid by District. District may also obtain water during construction from other water sources. J. O~erations and Temoorary Failures. City will, at all times, operate and maintain its system in an efficient manner and will take such action as may be necessary to furnish District with quantities of water required by District. Temporary or partial failures to deliver water shall be remedied with all possible dispatch. In the event of an extended shortage of water, or the supply of water available to City is otherwise diminished over an extended period of time, the supply of water to District's consumers shall be reduced or diminished in the same ratio or proportion as the supply to City's consumers is reduced or diminished. In the event of system failures and/or diminution in water availability, District shall have the right to obtain its supply of water, or portion thereof, from alternate sources until service is restored. K. Modifications of Rates. The provisions of this Agreement pertaining to the schedule of rates to be paid by District for water delivered are subject to modification at the end of every fiscal year. Any increase or decrease in rates shall be based on a demonstrable increase or decrease in the costs of performance hereunder. Such costs shall not include increased capitalization of City's water distribution system except as such costs relate directly to increasing the capacity of services to District. L. Alternate Water Source. In the event District chooses to obtain water from a source or sources other that City, District, upon twelve (12) months written notice to City, shall have the option of ceasing to purchase water from City as provided in this Section. M. Indemnification. City hereby agrees to indemnify and hold harmless District from and against all loss, costs, expenses, including attorney's fees, claims, suits and judgments whatsoever in connection with any sickness, injury to or death of any person or persons resulting from the delivery of contaminated water or water containing contaminants and/or impurities to District. SECTION VIII CITY TO CONSTRUCT ELEVATED WATER STORAGE TANK It is acknowledged by City that it currently does not have sufficient hydraulic capacity to maintain satisfactory water pressure in all areas of the District. In order to correct this I insufficiency, City agrees to construct and install an elevated water storage tank in the vicinity of the Mary Stewart School. It is anticipated that the construction of said water storage tank will be concurrent with the construction of the District's water facilities, such that sufficient water will be available in a satisfactory manner for District customers when needed. However, in the event water is not available in such manner when needed, District shall have the option and privilege of obtaining water from other sources until sufficient and satisfactory water is available from City. 720 SECTION IX METER READING SERVICE PROVIDED BY CITY It is agreed that City, at no cost to District, shall read District's meters located as follows: A. Those meters installed along U. S. Highway 301 North pursuant to Section VI of this Agreement. B. Those meters installed along the pipeline to be constructed adjacent to SR 1785 as the same is described in Section IV(B) (7) hereof. C. Those meters installed along the pipeline to be constructed adjacent to SR 1791 as the same is described in Section IV(B)(8) hereof. D. Those meters installed along the pipeline to be constructed adjacent to SR 1873 as the same is described in Section III(B)(3)(e) hereof. Upon reading said meters, City shall supply the meter readings to District for billing. SECTION X FUTURE WATER TRANSMISSION It is agreed that City shall have the right to transmit water through the system of the District, and that District shall have the right to transmit water through the system of the City. There shall be no cost for such transmissions, except that any modifications made to the system through which the transmission is SECTION XI FmHA APPROVAL made shall be paid by the transmitting party. The construction of the water supply distribution system of the District will be financed by a loan made or insured by, and/or a grant from the Farmers Home Administration of the United States Department of Agriculture (the "FmHA"), and the provisions of this Agreement pertaining to the undertakings of the District are conditioned upon the approval, in writing, of the appropriate official(s) of the FmHA. SECTION XII GENERAL PROVISIONS A. This Agreement shall be effective on a continuing basis until terminated by mutual agreement of the parties. B. This Agreement may be modified or altered upon the mutual written agreement of the parties hereto. C. The covenants and agreements contained in this Agreement are binding on th~ par~ies hereto and their successors, assigns and legal representatives. D. This Agreement is subject to such rules, regulations, I statutes and/or laws as may be applicable to such or similar agreements in this State and the parties hereto agree to collaborate when necessary to obtain such permits, certifications, or the like, as may be required to comply therewith. E. Whenever, in the course of performing the various terms of this Agreement, it becomes necessary for the parties to make determinations with respect to certain details not specifically provided for herein, such as inspections, system testing or the 721 like, appropriate representatives of the parties may collaborate and mutually agree upon such matters, without need for the amendment or modifications hereof. F. Any notice to be given hereunder to City shall be made in writing and mailed by first class mail to City of Dunn at the following address: Post Office Box 1065 Dunn, NC 28334 Any notice to be given hereunder to District shall be made in writing and mailed by first class mail to the Southeast Water and Sewer District of Harnett County at the following address: Post Office Box 759 Lillington, NC 27546 G. The City and District represent and warrant, each to the other, the existence of all capacity, authority, resolutions and actions necessary to execute this Agreement. H. This Agreement is executed in duplicate originals, one of which is retained by each party hereto. Executed by the City of Dunn, this day of , 1992. THE CITY OF DUNN BY: Oscar N. Harris, Mayor Attest: Donna M. Lockamy, Clerk Executed by the Southeast Water and Sewer District of Harnett County this ~ day of August , 1992. G. Stewart, a rman Board of Commissioners of the County of Harnett sitting as the governing body of the Southeast Water and Sewer District of Harnett County ~~ Vanessa W. Young, Clerk to the Board an of the Southeast Water and Sewer District of Harnett County This Agreement is approved on behalf of the Farmers Home I Administration this day of , 1992. By: 'i'itle: 722 Attachment 8. RESOLUTION REGARDING REFUNDING SANITARY SEWER BONDS BUIES CREEK - COATS WATER AND SEWER DISTRICT WHEREAS, the Buies Creek - Coats Water and Sewer District of Harnett County (the "District") has currently outstanding $1,727,000 Sanitary Sewer Bonds dated June 1, 1984; and WHEREAS, the Board of Commissioners of the County of Harnett, sitting as the governing body of the District (the "Board") has been advised that it would be economically feasible to refinance said outstanding bonds given the present favorable interest rate environment; and WHEREAS, the Board desires to proceed with such refinancing and in connection therewith desires to obtain proposals from various financial institutions and other firms regarding financing methods and other details associated therewith. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett sitting as the governing body of Buies Creek - Coats Water and Sewer District of Harnett County that the County Public Utilities Attorney and such other representatives of the District as are appropriate are hereby authorized and directed to solicit requests for proposals from financial institutions and other firms regarding proposed methods of refinancing and such services as are required in connection therewith, and to thereafter report their findings to the Board for further action. Duly adopted this 3rd day of August, 1992 upon motion made by Commissioner Hill Titchener seconded by Commissioner and adopted by the following vote: Ayes 5 Absent o o Noes Board of Commissioners of the County of Harnett sitting as the governing body of Buies Creek - Coats Water and Sewer District of Harnett c~nty By ~ ~ /J /1'fw.,.): 1 d G. Stewart, Cha1rman of the Board At~t: U 'ul Vanessa W. Young, Board and of the uies Coats Water and Sewer of Harnett County to the Creek - District Attachment 9. Attachment 10. 723 RESOLUTION AUTHORIZING PUBLIC HEARING WHEREAS, at its meeting on July 28, 1992, the Board of Commissioners of the County of Harnett (the "Board") resolved that the County of Harnett intends to exercise its option to purchase the water production and distribution facilities of the Northeast Metropolitan Water District of Harnett County as provided in that Lease between the said District and the County dated May 30, 1980 (as amended); and WHEREAS, the Board further stated its desire to finance the c~sts ?f the County's purchase of said facilities pursuant to a f~nancl.ng agreement completed in accordance with N. C. Gen. Stat. S160A-20; and . WHEREAS, N.C.Gen.Stat. S160A-20 provides that before entering ~nto a financing agreement or contract thereunder involving real property, the County shall hold a public hearing on the financing agreement or contract; and WHEREAS, the Board now desires to call the public hearing as required by said statute. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the County of Harnett that: 1. A public hearing regarding the financing agreement or contract hereinabove described shall be held during the Board's next regular meeting which is scheduled for 7:00 o'clock p.m. on August 17, 1992 in the Harnett County Office Building in Lillington, North Carolina. 2. The appropriate representatives of the County are hereby directed to take such actions as are necessary to advertise said public hearing pursuant to and in accordance with law. Duly adopted this 3rd day of August, 1992 upon motion made by Commissioner Hudson , seconded by Commissioner Hill and adopted by the following vote: AYES 5 NOES 0 ABSENT 0 BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT By: ArST: , /l~~ 'tU Vanessa W. Young, Board ORDINANCE FOR AVAILABILITY AND USE FEES FOR SOLID DISPOSAL FACILITIES HARNETT COUNTY, NORTH CAROLINA ,i7h PILED J..,q~- WASTEBOCi,Y IC:;_-".',G~ ?iJ;).. '92 RUG 7 Prl 2 23 WHEREAS, the need to protect new Federal and State solid waste and _" -- ,"iOLDER the environment has led -to\..;7 DEEDS management regulat;;ions, . '\. " _v.J"TY,NC WHEREAS, the North Carolina Solid Waste Management Act mandates that all counties in North Carolina develop a comprehensive plan for the management of solid waste, and WHEREAS, the North Carolina Solid Waste Management Act mandates that new sanitary landfills meet all Environmental Protection Agency, Subtitle D, sanitary landfill regulations, and WHEREAS, the North Carolina Solid Waste Management Act requires counties to provide alternative solid waste disposal facilities for items which can be diverted from sanitary landfills, and WHEREAS, Harnett County currently owns and operates a solid waste disposal facility which will include new lined sanitary landfill cells, a demolition cell, an asbestos cell, and a tire monofill cell, and 724 WHEREAS, Harnett County has a need to impose and collect fees for the availability and use of all County-owned disposal facilities, and WHEREAS, N.C.G.S. S 153A-292 and S 153A-293, provide that such fees may become a lien on the improved property of the taxpayer, much the same way as ad valorem taxes are a lien, provided an Ordinance is adopted by the Board of Commissioners complying with the provisions of the aforesaid Statutes. BE IT ORDAINED THAT: NOW, THEREFOaE, the Harnett County Board of Commissioners adopts the following Ordinance: Section 1. Purpose and Intent The provisions of this Ordinance are such as to impose fees for the availability and use of a disposal facility provided by the County of Harnett. Availability fees imposed hereunder shall not exceed the cost of providing the facility and shall be imposed on all improved property in the County that benefits from the availability of the facility. Fees for use of the facility shall not exceed the cost of operating the facility and may be imposed only on those who use the facility. Section 2. Authority This Ordinance is adopted under the authority of N.C.G.S. S 153A-292 and S 153A-293. Section 3. Applicability This Ordinan~e is applicable to all owners of improved property in the County that benefit from the availability of the facility and commercial, municipal, and industrial users of the facility, subject to the provisions of N.C.G.S. S 153A-292(b). Section 4. Fees Except as otherwise herein provided, the following fees shall be imposed: A. A fee of $37.50 per unit, for the 1992-1993 fiscal year, shall be imposed on the improved property of each owner (as of July 1 of the fiscal year for which the fee is collected) within Harnett County that benefits from the availability of the facility, and thereafter said fee per unit, per year will be established annually by the Harnett County Board of Commissioners in the annual Budget Ordinance. For the purposes of this Ordinance, unit means a potential generator of solid waste and shall include, but not be limited to, each individual residence, mobile home, apartment unit, condomi~ium unit, commercial enterprise, manufacturer, indl1strial plant, utility, church, school, hospital, rest home facility and non-profit institution. This fee shall be applied separately for each individual business, store, or other entity within a commercial enterprise. B. Effective July 1, for fiscal year 1992-1993, a fee of $25.00 per ton, shall be imposed on all solid waste deposited by commercial, municipal and industrial entities which use the facility, and thereafter, said fee per ton shall be established by the Harnett County Board of Commissioners in the annual Budget Ordinance; provided, however, said fee shall not apply to solid waste deposited by commercial and municipal haulers which is collected from residential customers within Harnett County. c. Effective July 1, for fiscal year 1992-1993, a fee of $25.00 per ton shall be collected from individuals, commercial, municipal, and industrial haulers that deposit stumps, limbs, leaves, concrete, brick, wood, construction debris, and uncontaminated earth in the demolition landfill. Thereafter, said fee per ton, shall be established by the Earnet't County Board of Commissioners in the annual Budget Ordinance. There will be no charge !c~ yard waste delivered separated in the follo"iir.g categ.Jries: (1) Leaves and grass clippings only. (2) Lirr~s under 6 inches in diameter and 6 feet or less in length. (3) Wood products - clean and in natural state (without paint, etc, and 6 feet or less in length. ) 725 D. Effective July 20, for fiscal year 1992-1993, fees for tire disposal, as set forth below, shall be collected from individuals, and commercial, municipal, and industrial haulers in accordance with Senate Bill 111, Chapter 784. Such fees shall supersede any tire disposal fees adopted or established prior to July 20, 1992. Thereafter, said fees shall be established by the Harnett County Board of Commissioners in the annual Budget Ordinance. $ .50 each $1. 25 each $2.50 each $3.75 each $ .50 per/20 # Car and light truck - up to 16.5 Medium and large truck - over 16.5 Farm tractor tires Construction, heavy equipment type Tire pieces (cut, shredded, etc.) Section 5. Collection and Enforcement A. Improved Real Property: The fee imposed by the Ordinance upon owners of all improved property who benefit from the availability of the facility shall be billed with property taxes pursuant to N.C.G.S. S 153A-293 and shall be payable in the same manner as property taxes; provided, however, that in the event of nonpayment, said fee shall be collected in any manner in which delinquent personal or real property taxes can be collected and that until paid, the fees imposed shall constitute a lien on the real property described on the bill that includes the fee. In conjunction with, and in the same manner as used for billing owners for property taxes, the Harnett County Tax Administrator shall bill owners who are not otherwise subject to taxation for the availability fees imposed by this Ordinance. B. Commercial, Municipal, and Industrial Users: As a condition for the disposition of solid waste of all kinds by commercial, municipal, and industrial users at the facility, the users of said facilities shall run an account approved by the Finance Officer of Harnett County, which account shall be payable in full on'a monthly basis. In the event of nonpayment of t~e monthly account, the privilege of the use of the facility may be suspended. Until the account is fully paid, the suspension, as herein provided, may remain in full force and effect. Section 6. Residential Solid Waste Sticker The owners of improved property shall be supplied by Harnett County with one sticker per unit, which shall be displayed above the state inspection sticker on the windshield of the vehicle being used for disposal purposes. This will allow each res~dent to dispose of household garbage at any county solid waste c~nvenience center or landfill. Section 7. Effective Date: This Ordinance shall be effective as of July 1, 1992. 3rd day of August, 1992. HARNETT COUNTY BOARD OF COMMISSIONERS NORTH CAROLINA HARNETT COUNTY On this --3 day of {d~ ' , 1992, personally appeared before me,(a Notary Public in and for said State and County, Lloyd G. Stewart, who, being by me duly sworn, says that he is Chairman of the Board of Commissioners of Harnett County, and that Vanessa W. Young 726 is the Clerk of said Board, that the seal affixed to the foregoing and attested instrument is the seal of Harnett County, North Carolina, and that said instrument was signed by him as Chairman of the Board of Commissioners of said County and by the Clerk of said Board, who affixed the official seal of Harnett County to said instrument; and that the said Lloyd G. Stewart, Chairman of the Board of Commissioners, acknowledged said instrument to be the act and deed of Harnett County, North Carolina. of ~itness my hand and notarial seal, this t/!.ltp-l if , 1992. My Commission Expires: II) - ()Ij.. - 951- (N.P. Seal) Nvrth Carolina - Harnett County Il foregoing certificate(s) of p. r.J-- /. . b~) f\- ( ((1 e:TI .(A Notal')' Public (Notaries Public) is/arc p.rtlfie~ to . comx:t. This instrument was pr~e':)t!ted tor reglstrtll;lOn" ) d- and ~ \" this ol?f. at Boo '7 c; pa~1Jb- 3/, Ihis:t!da"fOf t.J1.l@J.S .l~ ~'.~?' o'cIock~M. n . " ~t r.lPtdP.d.,-,a.. ;JLud/. C. ft er of Deeds -..MWt. DePUtb) -.9Lt10