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Home My WebLink About01141999 -- -- _._-_.~ - -.- ------ ,35'4 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Special Meeting January 14, 1999 The Harnett County Board of Commissioners met in special session on January 14, 1999 in the County Manager's Office, County Administration Building, 102 East Front Street, LilIington, North Carolina. Members present: Dan B. Andrews, Chainnan . Beatrice Bailey Hill, Vice Chainnan Joseph T. Bowden Teddy J. Byrd Walt Titchener Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Al Bain, Public Utilities Attorney Vanessa W. Young, Finance Officer Kay S. Blanchard, Clerk to the Board Chainnan Andrews called the meeting to order at 8 a.m. Commissioner Byrd moved to approve the final subdivision plats listed below. Commissioner Hill seconded the motion and it passed unanimously. 1. Olive Branch, owner: Stancil-Kinton, L.L.C., 39 lots, SR 1430-01ive Branch Road, Hector's Creek Township, Ra-40 Zoning District, 40.5 acres 2. Quail Hollow, Phase II, owner: Durane Currin, 7 lots, SR 1551 - Bailey's . Crossroad Road, Grove Township, RA-20M Zoning District, 3.5 acres 3. Quail Hollow, Phase III, owner: Durane Currin, Blots, SR 1551 - Bailey's Crossroad Road, Grove Township, RA-20M Zoning District, 4.9 acres Commissioner Bowden made a motion to cancel the January mid-month meeting. Commissioner Hill seconded the motion and it passed unanimously. AI Bain, Public Utilities Attorney, presented for the Board's consideration a draft "Three Party Agreement for the Installation, Ownership, and Maintenance of Sewer Line to Coats-Erwin Middle SchooL" After discussion, Commissioner Byrd moved to approve the draft agreement with three changes. Commissioner Titchener seconded the motion and it passed unanimously. The contract with revisions is copied in full at the end of these minutes as Attachment I. There being no further business, Commissioner Titchener moved for adjournment. Commissioner Hill seconded the motion and it passed unanimously. The Harnett County Board of Commissioners' special meeting, January 14, 1999 duly adjourned at 8:15 a.m, &~ 13. dL.~ . Dan B. Andrews, Chairman ~..t. iY..~ Kay . Blanchard, Clerk to the Board ~ --_._--~- 355 Attachment 1. STATE OF NORTH CAROLINA COUNTY OF HARNETT . THREE PARTY AGREEMENT FOR THE INST ALLA TION, OWNERSHIP, AND MAINTENANCE OF SEWER LINE TO COATS-ERWIN MIDDLE SCHOOL This contract entered into on the day of January, 1999, by and between the Town of Erwin hereafter identified as "Town," the County of Harnett hereafter identified as "County" and the Harnett County School Board hereafter identified as "Board." Whereas, all parties have agreed to the following terms regarding the installation, ownership, maintenance and payment of the cost related to a sewer line extension from the "Town's" existing facilities down NCSR 55 to the Coats-Erwin Middle School. Whereas, the consideration for this agreement shall be mutual promises and covenants contained herein and benefits each party receives from the installation and use of the described sewer line. TERMS I. TWELVE INCH SEWER LINE EXTENSION A. RIGHT TO EXTEND. The County grants the Town the right to extend a sewer line into the County's existing Northeast Metropolitan Water District with a twelve inch sewer line from the Town's existing sewer line at North Carolina State Road 55 . (NCSR 55) to the Coats-Erwin Middle School property. B. CONSTRUCTION. The Town shall construct the twelve (12) inch sewer line from the Town's existing line to the Coats-Erwin Middle School. The Town shall . obtain the necessary permission and easements for the installation of the sewer line and shall bear the costs for obtaining the easements. C. INDEMNIFICATION. The County and the Board assume no liability for the construction and operation of said sewer line, and the Town agrees to indemnify and hold harmless the County and/or the Board from and against all loss, costs, expenses, including attorneys' fees, claims, suits, and judgments whatsoever in connection with the construction, maintenance, repair, and operation of said sewer line. D. PAYMENT. The County shall timely pay One Hundred Fifty Thousand ($150,000) dollars toward the cost of the installation of said sewer line and any addition or expansion of a pumping station. The Board shall timely pay Two Hundred Eighty-Five Thousand ($285,000) dollars toward the cost of the installation of the sewer line and any addition or expansion of a pumping station. The Town shall timely pay all remaining installation costs of the installation of the sewer line and any addition or expansion of a pumping station. D. OWNERSHIP. The Town shall have exclusive ownership of the sewer line . installed pursuant to this agreement. II. MAINTENANCE AND REPAIR The Town shall be responsible for the maintenance and repair of the sewer line up to the Coats-Erwin Middle School property line, and the Town shall bear all costs of the maintenance and repair of said tine. III. EXTENSIONS AND CONNECTIONS TO SAID SEWER LINE A. The Town shall be entitled to revenues and monies for any extensions or connections to said line by any household, individual, business or other entity (collectively referred to hereafter as "entity" or "entities") within 400 feet of the sewer line constructed pursuant to this agreement. 35:6 - -- B. Any entity beyond 400 feet of the said sewer line is located in the service - area of the East Central Water and Sewer District of Harnett County (''the District.") The County and/or the District shall have the right to connect to the said sewer line in order to provide sewer service to any entity located within the boundaries of the District. The entity would be a customer of the County or District, and the County or District shall be entitled to revenues and monies from said entity. The County agrees to pay Town a municipal bulk treatment cost determined annually based on demonstrable costs of treatment for the metered flow of wastewater from said entities located within the District and connected to the said sewer line. IV. BILLING AND COLLECTING FOR SEWER CUSTOMERS The County agrees to provide meter reading and collection services to Town for the sewer customers who shall connect to the sewer line installed pursuant to this agreement, and the Town agrees to accept such services upon the following conditions: . A. County shall read the water meter for each sewer customer on a monthly basis. B. County shall bill each customer of Town for sewer services based on the current sewer rate of the Town and shall collect sums owed on behalf of the Town. C. County shall forward to Town the sums collected. D. Town agrees to pay County for meter reading and collection services, upon monthly billing by County, an amount per meter read for each meter reading cycle. The current rate for such services if $1.1 0 per meter per meter reading cycle. The rate for such services shall be detennined annually based upon demonstrable costs of said services. In the event that a meter re-reading should be requested by Town, the cost of such re-reading shall be ten dollars ($10.00) for each meter re-read, provided however, that no charge shall be made for re-reading when it is detennined that County erred in the original reading. E. County will furnish Town, not later than the tenth (loth) day of each month, an itemized statement of the costs for meter reading. F. Town agrees to pay County, not later than the twentieth (20th) day of each month, the amount due as set forth on the itemized statement described in Section E above. V. RESPONSffiILITY F<)R "PUMP AND HAUL" COSTS The Town is responsible for the construction of the twelve (12) inch sewer line to . the Coats-Erwin Middle School. The Town agrees to pay for the costs of pumping and hauling of wastewater from said school if the sewer line is not constructed and operational by the opening of the school, and shall continue to pay for such costs until such time as the sewer line is operational. VI. TRIPLICATE ORIGINALS This Agreement is executed in triplicate originals, one of which is retained by each party hereto. THIS AGREEMENT IS EXECUTED BY EACH PARTY AND THE RESPECTIVE SIGNATURES ARE AFFIXED BELOW Town of Erwin by and through Mayor James Glover; Mayor James Glover Clerk for the Town of Erwin This the day of January, 1999. . The Harnett County Board of Education by and through T. Harrington Morrison, Chainnan of the Harnett County Board of Education. T. Harrington Morrison Chainnan of the Harnett County Board of Education Bobby W. Beasley Secretary for the Board of Education This the day ofJanuary, 1999. -~. ~ - 3,57 The County of Harnett by and through Dan B. Andrews, Chairman of the Harnett County Board of Commissioners. Dan B. Andrews Chairman of the Harnett County Board of Commissioners . Kay S. Blanchard Clerk for the County of Hamett This the day ofJanuary, 1999. . . - -~----