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HomeMy WebLinkAbout03061989HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 6, 1989' CALL TO ORDER INVOCATION 4INUTES APPROVED DOT The Harnett County Board of Commissioners met in regular session on Monday, March 6, 1989, at the County Office Building, Lillington, North Carolina, with the following members present: Rudy Collins, Bill Shaw, Mack Reid Hudson, Mayo Smith, and Chairman Lloyd G. Stewart presiding. Others present were: Dallas H. Pope, County Manager; W. Glenn. Johnson, County Attorney; Vanessa W. Young, Clerk to the Board; and Kay S. Blanchard, Recording Secretary. Chairman Stewart called the meeting to order at 9 a.m. Commissioner Bill Shaw offered the invocation. Commissioner Hudson moved for the approval of the minutes from the regular meeting, February 20, 1989. Commissioner Collins seconded the motion and it passed with a unanimous vote. Ray Stone, Highway Maintenance Engineer, North Carolina Department of Trans- portation, appeared before the Board to discuss road matters and situations in Harnett County. SOUTHERN CABLE. Terry Brown, General Manager, Southern Cablevision, reported on the progress of the construction of cablevision in Harnett County. SPECIAL OLYMPICS Jane K. Schumann, Supervisor, Pupil Personnel, Harnett County Schools, briefed PROCLAMATION the Board concerning the Special Olympics Program and presented for consi- deration, a proclamation concerning Special Olympics Week in Harnett County. Commissioner Smith moved for the adoption of the proclamation. Commissioner Collins seconded the motion and it passed with a unanimous vote. The proclamation is copied in full at the end of these minutes dated March 6, 1989, as document No. 1. Mayor Frank Lewis briefed the Board concerning the budget for the Town of Lillington's recreation program. ESOLUTION RE: Jerry T. Blanchard, Director, Transportation and Procurement, presented a URPLUS PROPERTY resolution to declare used cresote posts and utility poles, used at the T AIRPORT Airport, surplus property to be offered for sale through private negotiation and sale procedures. Commissioner Collins moved for the adoption of the resolution. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated March 6, 1989, as document No. 2. Jack Bryan, Director, Social Services, and staff members, Harvey Godfrey, Mary Avery, Bonnie Jo Temple, and Jane Smith, briefed the Board on various services provided by the Department of Social Services and budget requirements for current year and F.Y. 1989 -90. OCIAL SERVICES EPORT ESOLUTION RE: ATER PURCHASE ONTRACT WITH OWN OF F.V. DERSON CREEK ANDFILL John M. Phelps, Public Utilities Attorney, presented a resolution authorizing water purchase contract with the Town of Fuquay - Varina. Commissioner Collins moved for the adoption of the resolution. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated March 6, 1989, as document No. 3. Town of Fuquay - Varina Mayor, A. Roy Tilley, and Town Commissioners, Leo Matthews, and Emory Smith, appeared before the Board to express appreciation on behalf of the citizens of Fuquay- Varina for Harnett County's cooperation in allowing them to share Harnett County's water supply. The town officials and the Board expressed confidence in continued mutual cooperation that will enhance the economic progress of Northwest Harnett County and the Fuquay- Varina growth area. C. T. Clayton, P.E., Ragsdale Consultants, briefed the Board that the two tracts of land proposed for additions to Anderson Creek Landfill have been tested and both were found to be excellent for landfill use. Commissioner Shaw made a motion that the County purchase the two tracts of land to be used as additions to Anderson Creek Landfill. Commissioner Smith seconded the motion and it passed with a unanimous vote. LFORD COLEMAN Rodney M. Tart, Director, Public Utilities, presented a resolution to re- EAPPOINTED TO appoint Halford Coleman to Northeast Metropolitan Water District Board for a TRO BOARD Three -year term. Commissioner Hudson moved for the adoption of the reso- lution. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated March 6, 1989, as document No. 4. AX RELEASE Bobby Wicker, Tax Administrator, requested a late - listing penalty release for Mr. William L. Harrell, Rt. 1, Box 429 -H, Spring Lake, NC. Commissioner Smith moved that the release be approved. Commissioner Collins seconded the motion and it passed with a unanimous vote. Bobby Wicker, Tax Administrator, presented the February monthly report for the Tax Department. 245 EQUALIZATION $ REVIEW SCHED. INTERN PROGRAM FOR PARALEGALS IN TAX DEPT. TAX ATT. REPORT BUDGET AMEND. RESOLUTION RE: NORTHWEST W $ S RESOLUTION RE: SOUTHWEST W & S ADJOURNMENT Bobby Wicker, Tax Administrator, presented for approval, the 1989 Equalization and Review Schedule. Commissioner Hudson moved that the schedule be approved. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The schedule is copied in full at the end of these minutes dated March 6, 1989, as document No. 5. Bobby Wicker, Tax Administrator, briefed the Board concerning the Tax Depart- ment's interest in participating in intern program for paralegals. Commis- sioner Hudson moved that the County participate in intern program for para- legals involving various schools. Commissioner Collins seconded the motion and it passed with a unanimous vote. The Tax Attorney's report for the month of February was filed with the Board and is copied in full at the end of these minutes dated March 6, 1989, as document No. 6. Monthly reports for February were filed from the Veterans Service, Emergency Medical Services, and the Sheriff's Department. Dallas H. Pope, County Manager, requested a budget amendment for Public Utilities, South Central Fund, Code 36- 4100 -020, Legal & Administration, $5,000. increase; and Code 36- 4100 -080, Contingency, $5,000. decrease. Commissioner Shaw made a motion that the budget amendment be approved. Commissioner Collins seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for the Library: Code Code Code Code Code Code 10- 8100 -006 10- 8100 -012 10- 8100 -011 10 -8100 -014 10- 8100 -013 10- 8100 -033 Group Insurance Printing & Binding Telephone & Postage Travel & Meetings Utilities Materials $800. decrease 837. decrease 1,120. decrease 500. decrease 2,420. increase & Supplies 837 increase Commissioner Collins made a motion that the budget amendment be approved. Commissioner Smith seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, the Tax Department: Code 10- 4500 -011 Code 10- 4500 -074 Code 10- 4500 -004 requested the following budget amendment for Telephone & Postage Capital Outlay - Equipment Professional Services $3,000. 3,000. 8,000. increase decrease increase Commissioner Collins made a motion that the budget amendment be approved. Commissioner Smith seconded the motion and it passed with a unanimous vote. John M. Phelps, II, Public Utilities Attorney, presented a resolution au- thorizing execution of management contract with Northwest Water and Sewer District. Commissioner Collins moved for the adoption of the resolution. Commissioner Smith seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated March 6, 1989, as document No. 7. John M. Phelps, II, Public Utilities Attorney, presented a resolution au- thorizing amendment to Agreement for Engineering Services, Northwest Water and Sewer District. Commissioner Collins moved for the adoption of the reso- lution. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated March 6, 1989, as document No. 8. John M. Phelps, II, Public Utilities thorizing amendment to Agreement for Sewer District. Commissioner Hudson Attorney, presented a resolution au- Engineering Services, Southwest Water and moved for the adoption of the resolution. Commissioner Collins seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated March 6, 1989, as document No. 9. There being no further business, the Harnett County Board of Commissioners regular meeting of March 6, 1989, duly adjourned at 11:30 a.m. 1 tewart, C airman Kay S. Blanchard, Recording Secretary Vanessa W. Young, erk tc the Board 246 DOCUMENT-NO. 1. DOCUMENT NO. 2. PROCLAMATION WHEREAS, the Twelfth Annual Harnett County Special Olympics Spring Games will be held April 12, 1989; and WHEREAS, approximately 300 mentally handicapped citizens in Harnett County participate in Special Olympics; and WHEREAS, the Special Olympics program was developed to provide athletic training and competition for mentally handicapped • individuals; and WHEREAS, through such athletic endeavors our mentally handicapped citizens can obtain the strength and confidence to promote a positive self-image; and WHEREAS, the highly important task of aiding these special people of Harnett County to help themselves can belong to each of us through Special Olympics; and WHEREAS, the Harnett County Parks and Recreation Department, the Harnett County Board of Education, and the Lee-Harnett Mental Health Agency are sponsoring the 1989 Harnett County Spring Games; NOW, THEREFORE, We, the Board of Commissioners of the County of Harnett do hereby proclaim the week of April tenth through April fourteenth, Nineteen Hundred and Eighty-Nine to be SPECIAL OLYMPICS WEEK IN IIARNETT COUNTY and commends this observance to its citizens. HARNETT COUNTY NORTH CAROLINA Duly adopted this sixth day of March, Nineteen Hundred and Eighty-Nine. HARNETT COUNTY BOARD OF COMMISSIONERS RESOLUTION THAT, WHEREAS, THE COUNTY OF HARNETT has personal property valued at less than $10,000 which it desires to offer for sale through private negotiation; and WHEREAS, G. S. 160A-266 and 267 permits the sale of personal property through private negotiation and sale NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS that the below listed items shall be offered for sale through the private negotiation and sale procedures: 1. 10 ea. - 4" X 3" X 15 ft. CREOSOTE POST 2. 12 ea. - 6" X 8" X 26 ft. CREOSOTE POST 3. 12 ea. - CREOSOTE UTILITY POLES 53 ft. The County Manager is hereby authorized to dispose of the above- listed personal property through private negotiation and sale. Duly Adopted this the Sixth day of March, Nineteen Hundred and Eighty- Nine. HARNETT COUNTY BOARD OF COMMISSIONERS DOCUMENT NO. 3. RESOLUTION AUTHORIZING WATER PURCHASE CONTRACT WITH THE TOWN OF FUQUAY - VARINA WHEREAS, the Harnett County Board of Commissioners (hereinafter the "Board ") has reviewed the Water Purchase Contract attached hereto as Exhibit "A" between the Northeast Metropolitan Water District of Harnett County, and the County of Harnett (as "Sellers) and the Town of Fuquay - Varina (as Purchaser); and WHEREAS, it is the desire of the Board that the County of Harnett enter into said Contract as provided. NOW THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that: 1. The County of Harnett shall and is hereby authorized to enter into the Water Purchase Contract as attached hereto as Exhibit "A ". 2. The appropriate officers of Harnett County are hereby directed to execute said Contract as provided. Duly adopted this 6th day of March, 1989, upon motion made by Commissioner Collins , seconded by Commissioner Hudson and adopted by the following vote: Ayes 5 Noes 0 Absent 0 Abstained 0 ATTES BY: Vanessa W. Young, Clerk to the Board NORTH CAROLINA HARNETT COUNTY Exhibit "A" Lljyd,/G. Stewart Chairman Harn�d''tt County Board of Commissioners WATER PURCHASE CONTRACT THIS CONTRACT for the sale and purchase of water is entered into as of the _ day of , 1989, between the NORTHEAST METROPOLITAN WATER DISTRICT OF HARNETT COUNTY (hereinafter "Northeast Metro "), and the COUNTY OF HARNETT (hereinafter "County "), said Northeast Metro and County shall be collectively referred to herein as "Sellers" and the TOWN OF FUQUAY- VARINA, (hereinafter referred to as "Purchaser" or "Town ") W I T N E 5 S E T H: THAT WHEREAS, the Purchaser is a municipal corporation duly organized and existing under the laws of the State of North Carolina, and is located within Wake County, North Carolina; and WHEREAS, Northeast Metro is a metropolitan water district organized and existing under the laws of the State of North Carolina; and WHEREAS, County is a body politic organized and existing under the laws of the State of North Carolina; and WHEREAS, the Purchaser, among its other functions, operates a water supply and distribution system serving water users within its corporate boundaries, and is in need of an additional supply of treated water therefor; and 248 WHEREAS, Northeast Metro owns a water production system and a water supply distribution system, and County, through its Department of Public Utilities is operator thereof pursuant to that certain Lease dated May 30, 1980, entered into between Northeast Metro and County; and WHEREAS, Sellers desire to sell to Purchaser, and Purchaser desires to buy from Sellers a supply of potable water as set forth herein; and WHEREAS, in order to transport said supply of potable water to Purchaser, it is necessary that Sellers transport the same through pipelines to be constructed and owned by the Northwest Water and Sewer District of Harnett County; and WHEREAS, pursuant to a contract with the Northwest Water and Sewer District of Harnett County, Sellers have the right and privilege to transport water through pipelines to be constructed by said District; and WHEREAS, pursuant to a contract entered into contemporaneously herewith, Town has made certain commitments to the Northwest Water and Sewer District of Harnett County relative to the construction of the said District's system; and WHEREAS, Sellers and Purchaser have agreed upon certain terms regarding the sale of water as mentioned above, and now desire to set forth the terms of their agreement; and WHEREAS, by Resolution adopted by the District Board of the Northeast Metropolitan Water District of Harnett County at its meeting on , the sale of said water to the Purchaser as provided herein was approved, and the execution of this contract by Northeast Metro was • duly authorized; and WHEREAS, by Resolution adopted by the Harnett County Board of • Commissioners at its meeting on , the sale of said water to the Purchaser as provided herein was approved, and the execution of this contract by County was duly authorized; and WHEREAS, by Resolution adopted by the Board of Commissioners of the • Town of Fuquay-Varina at its meeting on Feb. 21, 1989 the purchase of said water from the Sellers as provided herein was approved, and the execution of this contract by Purchaser was duly authorized; NOW THEREFORE, in consideration of the foregoing and the mutual agreements hereinafter set forth, A. THE SELLERS AGREE: 1. (Quality and Quantity) To furnish the Purchaser at the point of delivery hereinafter specified, during the term of this contract or any renewal or extension thereof, potable treated water meeting applicable purity standards of the Division of Health Services,-Department of Human Resources of the State of North Carolina, in such quantity as may be required by 'the Purchaser not to exceed one million (1,000,000) gallons per day, BUT SUBJECT ALWAYS, to the provisions of Section C hereof. 2. (Point of Delivery and Pressure) That water will be furnished at a reasonable constant pressure calculated at approximately eighty-four (84) pounds per square inch from 'a main supply line to be installed by the Northwest Water and Sewer District of Harnett County (pursuant to that contract between Purchaser and said District) located on the Harnett County side of the Harnett County-Wake County line within or adjacent to the right of way of United States Highway 401. If a greater pressure than that normally available at the point of delivery is required by the Purchaser, the cost of providing such greater pressure shall be r ( borne by the Purchaser. Emergency failures of pressure or supply due to main supply line breaks, power failure, flood, fire and use of water to fight fire, earthquake or other catastrophe shall excuse the Sellers from this provision for such reasonable period of time as may be necessary to restore service. 3. (Metering Equipment) To operate at its own expense, the metering equipment described in paragraph B(2) hereof, and upon expiration of the one year warranty period described in said paragraph B(2) to maintain the same, and to calibrate such metering equipment whenever requested by the Purchaser but not more frequently than once every twelve (12) months. A meter registering not more than two percent (2%) above or below the test result shall be deemed to be accurate. The previous readings of any meter disclosed by test to be inaccurate shall be corrected for the three (3) months previous to such test in accordance with the percentage of inaccuracy found by such tests. If any meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water delivered in the corresponding period immediately prior to the failure, unless Seller and Purchaser shall agree upon a different amount. The metering equipment shall be read on the first day of each month. An appropriate official of the Purchaser at all reasonable times shall have access to the meter for the purpose of verifying its readings. 4. (Billing Procedure) To furnish the Purchaser not later than the fifth (5) day of each month, with an itemized statement of the amount of water furnished the Purchaser during the preceding month. B. THE PURCHASER AGREES: 1. (Rates and Payment Date) To pay the Sellers, not later than the fifteenth (15) day of each month, for water delivered in accordance with that schedule of rates, as adopted from time to time by Sellers, for bulk municipal customers located in Harnett County with the minimum rate to be that charge as calculated under said schedule of rates for the amount of one hundred thousand (100,000) gallons per day. The minimum rate shall first become payable to Sellers from Purchaser, upon billing, no later than one hundred eighty (180) days after the date that water is available at the point of delivery specified above, regardless of whether or not Purchaser is actually being delivered water at such time. 2. (Metering Equipment) To furnish, construct and install at its own expense at the point of delivery, 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 the Purchaser (and to measure any quantity of water supplied to Sellers by Purchaser under the provisions of paragraph D(4) hereof regarding emergency services). Such facilities shall be furnished, constructed and installed upon the following terms and conditions: a. Purchaser shall furnish, construct and install the same in accordance with plans and specifications provided therefor by Sellers. b. Purchasers shall obtain and acquire continuous and adequate lands or rights in land necessary to construct and install, and thereafter use, operate, inspect, repair, maintain, replace, remove, change the size of or protect said facilities. c. The Purchaser shall cause the same to be furnished, constructed and installed in accordance with standard engineering and contracting practices and procedures, by a qualified contractor. d.. Purchaser shall obtain approval for the installation and construction of the same from the necessary federal, state, and /or local government and agencies, prior to and /or at the time of completion. e. Purchaser shall provide Sellers with three (3) entire sets of drawings of the completed facilities as constructed and as is. conveyed to Sellers as hereinafter provided. f. Purchaser shall permit representatives of Sellers to inspect the construction and installation of the said facilities to verify that the same is being or has been constructed and installed as herein provided. In the event that the construction and installation of the facilities is not completed as set forth herein, then Sellers shall notify Purchaser of such fact and in what ways the construction does not meet the terms hereof, and it shall be the duty of Purchaser to g. thereafter correct such items or things as do not meet the terms hereof. It is agreed that upon completion of the construction and installation of the above described facilities, and inspection, approval and acceptance thereof by Sellers, the same shall be conveyed by good and sufficient deed and /or other document of conveyance to Sellers, together with the land or rights in land required therefor and appurtenant thereto. Purchaser hereby warrants and guarantees for a period of one (1) year from the date of the conveyance of the facilities to the Sellers that the same will be free from all defects due to'faulty material or workmanship. Any corrections as may be necessary by reason of such defects shall be made or caused to be made be Sellers and all costs in so doing including materials and labor costs shall be borne by Purchaser. 3. (Construction and Maintenance of Certain Lines) To construct and maintain all water distribution pipelines located between the meter facility (described in paragraph B(2) above) and the boundary of. Harnett County and Wake County. C. The Sellers and Purchaser Agree with Respect to Expansion of Sellers' Water Production Facilities as follows: 1. (General) It is specifically understood that County, (through its Department of Public Utilities, and as lessee of the facilities of Northeast Metro), and Northeast Metro find that their foremost obligation is to provide water' services to the citizens and residents of Harnett County. To that end, Sellers have heretofore entered into agreements with several water and sewer districts in Harnett County providing for the sale of water to such districts and intend to enter into similar agreements with proposed water service districts in the County. It is further understood that Sellers' water production facilities are currently capable of producing water in quantities in excess of the current needs within Harnett County, and that for such period as Harnett County does not require such excess capacity, the same or a portion thereof, may be sold to Purchaser as provided herein. It is the desire of the parties to provide procedures whereby the Purchaser may expand or participate in expansions of Sellers' water production facility so as to insure its right to purchase quantities of water hereunder. It is specifically acknowledged by the parties hereto that it is the intent and purpose of Section (C) of this Water Purchase Contract to make provisions for the following matters relative to the use of the capacity of the water production facility of the Sellers: (a) The currently existing production capacity of the Sellers' water production facility, and any additional production capacity paid for by the Sellers, shall first be allocated to the citizens and residents of Harnett County, and only such excess thereof as will not be necessary to meet the needs of the citizens and residents of Harnett County may be sold to Purchaser. (b) Production capacity which is paid for by the Purchaser pursuant to the terms hereof, shall, for the term of this Water Purchase Contract, be the property of Purchaser and shall be allocated to the Purchaser as provided, without regard to the needs of the citizens and residents of Harnett County. 2. (Procedure Relating to Expansion) The procedure to be applied in expanding the said facility under any of the circumstances set out in this contract (unless specifically provided otherwise), shall be as follows: (a) Sellers shall employ consulting engineers to design the necessary alterations to expand the said water production facilities. Such alterations may include, but are not limited to, the upgrading, expansion, enlargement and /or addition of filters, basins, pumping facilities and such other items as will be necessary to accomplish the desired expansion. (b) Upon completion of the design of said alterations, pursuant to law, Sellers shall obtain the necessary permits from the applicable federal, state or local governments and /or agencies to proceed with the construction of the expansion. Thereafter, Sellers shall submit the expansion project for bids and shall award the contract(s) and proceed to construct the project. It is understood that Sellers have the right to rebid the project or take such other actions relative to the awarding of contract(s) as Sellers deem necessary and as provided by law. (c) The pro rata cost of that portion of the expanded water production facility capacity which is to be allocated exclusively to Purchaser shall be paid by Purchaser. Such costs shall include administrative costs of the Sellers, costs of engineering and design, and attorneys fees. Such amount of the cost to be paid by Purchaser shall be due and payable to Sellers as follows: One -third (1/3) thereof shall be due and payable within ten (10) days after the construction contract or contracts are awarded. One -third (1/3) thereof shall be due and payable within ten (10) days after notification to Purchaser by Sellers that one -half (1/2) of the expansions are completed. One third (1/3) thereof shall be due and payable within ten (10) days after notification to Purchaser by Sellers that the expansions are substantially completed. 2 3. (Incremental Expansions) It is the understanding of the Sellers and the Purchaser that because of the design of the existing water production facilities of Sellers, expansions of that water production facility must be made in increments resulting in a capacity enlargement of one million six hundred seventy thousand (1,670,000) gallons per day. It is contemplated by the parties that expansions to the said water production facilities as provided herein will be made in such increments, and that circumstances will -be such that the Sellers and Purchaser will obtain the capacity desired by each at the time of the addition of such increment. However, should the situation arise, under the various contingencies described herein, where Sellers desire to expand Sellers' production facility by an entire increment, and in order for Purchaser to make expansions to the said facility for allocation to itself, another increment must be added, then Purchaser agrees to pay for the entire cost of such additional increment. Likewise, should the situation arise where Sellers desire not to make an expansion, or desire not to make expansions to the extent necessary to complete an entire such increment (above the capacity desired by Purchaser), and in order for Purchaser to make expansions for allocation to itself, such full incremental expansion is required, then Purchaser agrees to pay for the entire cost of such increment. It is.understood that should these events occur, all such water production facility expansion paid for by Purchaser shall be allocated to Purchaser. 4. (Required Expansion by Purchaser) In the event that the . water consumption requirements of Harnett County reach a level where such requirements, when coupled with the needs of Purchaser, exceed 2,200,000 gallons per day, then and in that event, in order for Town to continue to purchase or begin to purchase water (whichever the case may be) from Sellers hereunder in any amount, (without a diminution of the ,same equal to the needs within Harnett County), Purchaser shall be obligated to pay for such water production facility expansion as is required to increase' Sellers' production capabilities to meet the maximum requirements. of Purchaser hereunder, to wit: one million (1,000,000) gallons per day; that is to say, at such time as stated, Purchaser shall pay for that - portion of Sellers' water production facility capacity as is required to meet the maximum requirements of Purchaser hereunder. The procedures relative to the expansion of such facilities as the same relate to Purchaser, shall be as follows: (a) At such time as the currently existing water production facilities of Sellers, now owned by Northeast Metro, and operated by County (whether at such time owned as stated or otherwise) reach a use where the average daily water flow, together with the needs of Purchaser, exceed 2,200,000 gallons -'per day County and /or. Northeast Metro shall initiate studies to determine the required expansion of such facilities to meet the needs of Purchaser hereunder. (b) County or Northeast. Metro shall notify Purchaser in writing that the use capacity- of Sellers' water production system has exceeded 2,200,000 gallons per day and that the expansions provided for hereunder are needed. Purchaser shall, within thirty (30) days after the date of such notice, provide Sellers with a Letter of Intent as to its decision regarding participation in expansion of Sellers' water production 253 facilities. Within One hundred sixty (160) days after the date of Sellers' notice to Purchaser, Purchaser shall provide to Sellers in writing a final binding statement as to its decision. In the event Purchaser does not elect to participate in the expansion, the rights of Purchaser hereunder shall be determined as set forth in subparagraph C(5)(a). (c) Upon receipt of notification of Purchaser's agreement to participate in the expansions as provided, the Sellers and Purchaser shall proceed as provided in paragraph C(2) above. 5. (Procedure in the Event of Certain Contingencies) In the event that circumstances are such that the expansion of Sellers' water production facilities are not accomplished as contemplated in paragraph C(4) hereof, then where applicable, the following procedures shall be employed: (a) In the event Purchaser does not elect to participate in the expansion as provided in paragraph C(4) and advises the Sellers of such decision (as provided in subparagraph C(4)(b)1 or fails to advise Sellers of its decision, then Sellers' shall have no obligation to sell water to Purchaser, except as to any excess capacity (not necessary to meet the needs of the citizens and residents of Harnett County). In the event Purchaser should thereafter wish to expand the production facilities of Sellers so as to obtain water production facility capacity for allocation to itself, Purchaser shall notify Sellers of such fact in writing; thereafter, the procedures set forth in paragraph C(2) shall be applied except that the entire cost of the expansion shall be paid by Purchaser; and said costs shall be due and payable over the course of the construction period within ten (10) days after the submission of periodic pay estimates (as issued by the contractor(s) and /or engineer) by Sellers to Purchaser. It is understood that should this series of events occur, all such water production facility expansion paid for by Purchaser shall be allocated to Purchaser. (b) In the event Sellers do not elect to participate in the expansion as provided in paragraph C(4), then if Purchaser desires to expand the plant, Purchaser agrees to proceed therewith and agrees to pay the entire cost of the expansion. It is understood that should this series of events occur, all such water production facility expansion paid for by Purchaser shall be allocated to Purchaser. The procedures described in paragraph C(2) shall be utilized in constructing the expansions, except as to the amount of cost, which cost shall be. borne solely by Purchaser, and shall be due and payable over the course of the construction period within ten (10) days after the submission of periodic pay estimates (as issued by the contractors) and /or engineer) by Sellers to Purchaser. (c) In the event Sellers should elect to expand their water production facilities prior to the time stated in paragraph C(4) or prior to the time Purchaser begins to purchase water from Sellers, Purchaser shall have the option to participate in such expansions at that time and thereby fulfill all, or a portion of, its obligations hereunder as to expansion of the Sellers' water production facilities. It is understood that this provision in no way limits Sellers rights to expand the water production facilities in any size increments Sellers desire. In the event Sellers elect to construct such expansion, Sellers shall advise Purchaser in writing thereof, and Purchaser shall, within thirty (30) days after the date of such notice, advise Sellers in writing as to whether or not Purchaser desires to participate in the expansion and, if applicable; the size of the expansion desired by Purchaser. should the desired expansion require the Sellers water production facilities to be expanded into an additional increment [as explained in paragraph C(3)], then the entire cost thereof shall be borne by Purchaser. The procedures relative to construction of the expansions and the payments for the same shall be as provided in paragraph C(2). . In the event Purchaser shall elect not to participate in such expansions as described in this subparagraph C(5) (c) or shall have elected to participate in the same, but not have met its obligation to provide.the one million (1,000,000) gallon per day production capacity, and Sellers expand Sellers' water production facilities, it is understood that such additional capacity as is thereby created which is paid for by Sellers shall be used for the benefit of the citizens and residents of Harnett County, and only such portion thereof as is not required to meet the needs of Harnett County shall or may be sold to Purchaser. Moreover, such additional capacity in no way shall be deemed to lessen the obligations of Purchaser hereunder nor obligate Sellers to sell any portion thereof to Purchaser. Further, should Purchaser thereafter wish to expand the production facilities of Sellers so as to obtain water production facility capacity for allocation to itself, Purchaser shall notify Sellers of such fact in writing; .thereafter the procedures set forth in paragraph C(2) shall be applied except that the entire cost of the expansion shall be paid by Purchaser and said costs shall be due and payable over the course of the f construction period within ten (10) days after the submission of periodic pay estimates (as issued by the contractor(s) and /or engineer) by Sellers to Purchaser. It is understood that should this series of events occur, all such water production facility expansion paid for by Purchaser shall be allocated and sold to Purchaser. 6. (Ownership of Facilities) It is understood that such upgraded, expanded, enlarged or additional facilities as are made or constructed hereunder shall be and remain the property of County. and /or Northeast Metro, and Purchaser shall have no right, title or interest in or to the same, except as to the rights of Purchaser hereunder relative to the production capacity allocations paid for by Purchaser. 7. (Additional Expansions by Sellers) in the event Sellers find that it is necessary or deem that it is advisable to make further water production facilities expansions, (beyond those described in the situations provided in this section), it is understood that such other expansions may be made at any time or the same time as any of those described. The cost of the further expansions shall be paid by Sellers. 8. (Future Expansions by Purchasers) In the event Purchaser shall desire to purchase quantities of water in excess of the amounts provided for herein, it is agreed that Purchaser may make additional expansions to the Sellers water production facilities, provided that: (a) Sellers shall be given :the option to participate in the expansion(s); (b) Sellers shall not be required to participate in the expansion(s) ;. 255 (c) Sellers shall have, without need for enlargement or expansion of any kind, sufficient water transportation facilities to deliver the quantities of water to Purchaser; (d) Purchaser shall pay for its share of water production facility capacity which will be allocated to it: and (ei The procedures relative to expansions as provided in paragraphs C(2) and C(3) shall be utilized in the expansion project(s); except that where the expansion project is paid for solely by Purchaser, payments for such expansion shall be made over the course of construction within ten (10) days after the submission of periodic pay estimates (as issued by the contractor(s) and /or engineer) by Sellers to Purchaser. D. It is further mutually agreed between the Sellers and the Purchaser as follows: 1. (Relationship of County and Northeast Metro) As recited hereinabove, the system of Northeast Metro has been leased to County, and pursuant to the terms of said lease, County has the option to purchase the system of Northeast Metro. In the event that County should exercise its option, and purchase the said system, it is understood that the rights and obligations of Northeast Metro hereunder shall be and hereby are transferred, assigned and conveyed to County. Likewise, in the event that County should not exercise its option, it is understood that the rights and obligations of County hereunder shall be and hereby are transferred, assigned and conveyed to Northeast Metro. 2. (Use of term "Sellers ") As used herein, the term "Sellers" shall refer to County and /or Northeast Metro. 3. (Term of Contract) That this contract shall extend for a term of forty (40) years from the date of the initial delivery of any water as shown by the first bill submitted by the Seller to the Purchaser and, thereafter may be renewed or extended for such term, or terms, as may be agreed upon by the Seller and Purchaser. 4. (Emergency Services) That Sellers and Purchaser shall endeavor to provide such quantities of water each to the other as may be needed in the case of emergency water needs, such as water source contamination, production facility failure, natural disaster, or other catastrophe. The cost of such water shall be in an amount mutually agreed upon by the parties. 5. (Delivery of Water) That thirty (30) days prior to the estimated date of completion of construction of Purchaser's water main which shall connect to the meter facility (described in paragraph A(3) above), the Purchaser will notify the Sellers in writing of the date for the initial delivery of water. It is understood that no water shall be delivered until such time as the water distribution system of the Northwest Water and Sewer District of Harnett County is operational. 6. (Failure to Deliver) That the Sellers will, at all times, operate and maintain their system in an efficient manner and will take such action as may be necessary to furnish the Purchaser with quantities of water required by the Purchaser, except as provided in paragraph C. Temporary or partial failures to deliver water shall be remedied with all possible dispatch. In the event of an extended shortage of water, or the supply of water available to the Sellers is otherwise diminished over an extended period of time, the supply of water to Purchaser's consumers shall be reduced or diminished in the same ratio or proportion as the supply to Seller's consumers is reduced or diminished. 7. (Modification of Contract) That the provisions of this contract may be modified or altered by mutual agreement. V. (Breach by Purchaser) In the event Purchaser shall breach its agreements hereunder or fail to take such actions as specified, Sellers shall have no further obligation to nel1, water to Purchaser hereunder. This provision in no way diminishes or prejudices any other rights or remedies of Sellers regarding any breach of this Contract. 9. (Regulatory Agencies) That this contract is subject to such rol l t� eo^ regn a noo, or laws as may be applicable to similar agreements in this State and the Sellers and Purchaser will collaborate in obtaining such permits, certificates, or the like, as may be required to comply therewith. 10. (Successor to the Purchaser) That in the event of any occurrence rendering the Purchaser incapable of performing under this contract, any successor of the Purchaser, whether the result of legal process, assignment, or otherwise, shall succeed to the rights of the Purchaser hereunder. 11, (Notices) Any notice required to be given hereunder by Sellers to Purchaser shall be made by Sellers in writing and mailed by first class mail to the Town of Fuquay-Varina at the following address: Buatkomtfiom*uwvateR8 i]00s^ Academy St Fuquay-Varina, NC 27526 Any notices required to be given hereunder by Purchaser to Sellers shall be made by Purchaser in writing and mailed by first class mail tn.tbe County Maoager/ Harnett County, at the following address: Post Office Box 759, Lillington, N. C. 27546. IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this contract to be duly executed in triple counterparts, each of which shall constitute an original. Executed by Northeast Metro, this day of , 1989^ NORTHEAST METROPOLITAN WATER DISTRICT OF HARNETT COUNTY DOCUMENT NO. 4. DOCUMENT NO. 5. Harnett County, North Carolina. RESOLUTION WHEREAS, the Northeast Metropolitan Water District of Harnett County, North Carolina was duly created on April 14, 1976; and WHEREAS, Chapter 162A, Article 4 of the North Carolina General Statutes, as amended, provides that the Harnett County Board of Commissioners shall appoint three Individuals to serve on the governing body of such a district which governing body is know as the District Board of the Northeast Metropolitan Water District of Harnett County; and WHEREAS, it is now necessary for Halford Coleman to be reappointed to said governing body; NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS that Halford Coleman be and he is hereby reappointed to the said District Board for a term expiring on April 14, 1992. Duly Adopted this the 6th Day of March, 1989. Upon motion make by Commissioner Hudson seconded by Commissioner Shaw , and adopted by the following vote: Yeas 5 Nays 0 Absent 0 Abstained 0 HARNETT COUNTY BOARD OF COMMISSIONERS Lloyd Stewart, Chairman THE HARNETT COUNTY BOARD OF COUNTY COMMISSIONERS WILL MEET AS A BOARD OF EQUALIZATION AND REVIEW TO HEAR AND TO REVIEW APPEALS OF 1989 TAX LISTINGS AND VALUATIONS. LOCATION: HARNETT COUNTY OFFICE BUILDING IN LILLINGTON (COMMISSONERS ROOM) SCHEDULE: APRIL 4, 11, 18 AND 25 OF 1989 TIME: 10:00 AM UNTIL 12:00 NOON CALL FOR APPOINTMENTS STARTING MARCH 13th THRU MARCH 31, 1989. IN THE EVENT OF EARLIER OR LATE ADJOURNMENT A NOTICE WILL BE PUBLISHED. 4 BO BY L. WICKER CLERK BOARD OF EQUALIZATION AND REVIEW 258 ,p000MENT NO. 6. _raw Offias of WOODALL, PELMET & PHELPS, P. A. 609 NORTH FIRST STREET; R 0. BOX 39 LILLINOTON, NORTH CAROLINA.27946-13039 K. MARSHALL WOODALL L. HOLT FM.MET 2Aam.gammtable Lloyd Stewart, Chairman and Members of the Harnett County Board of Commissioners TO: Honorable Dallas Pope, County Manager and Honorable Vanessa W. Young, Harnett County Auditor FROM: E. Marshall Woodall RE: NOTICE OF TAX SUITS COMMENCED; TAX SUITS DISMISSED AND RELATED SERVICES MONTH OF FEBRUARY 1989 919-B93-S191 NAME SUIT NO. AMOUNT COL. COURT ATTORNEY COSTS FEES Lillington Township Hicks, Charles Edward 88 CvD 1274 1,480:34 242.60 190.00 Johnsonville Township Dockery, Leon 88 CvD 1516 760.39 260.95 190.00 Stewart's Creek Township McKoy, Jr, Reuben & 88 CvD 0679 419.20 240.90 200.00 Dorothy Subtotal $2,659.93 $744.45 $580.00 New Suits: NONE TOTAL ATTORNEY'S FEE $580.00 Advanced Costs: Date Explanation Charge 2-3-89 Lillington Postmaster - certified mail Walter Kellam - 88 CvD 1385 2.20 2-6-89 Lillington Postmaster - certified mail Hettie McNeill - 88 CvD 1472 2.20 2-13-89 Lillington Postmaster - certified mail Earl Kelly - 88 CvD 1506 4.40 2-15-89 Sheriff of Cumberland County - service fee Russell Gilchrist-_ 89 CvD 0093 4.00 Date Explanation . 2-22-89 Sheriff of Cumberland County - servce fee R. L. Harrington - 88 CvD 1473 4.00 2-22-89 Lillington Postmaster - certified mail Bobby L. Brown - 88 CvD 1387 4.40 2-28-89 Lillington Postmaster - certified mail Johnny Sloan - 88 CvD 1331 4.40 2-28-89 Lillington Postmaster - certified mail B. H. Yarborough - 88 CvD 1514 Total Advanced Costs BALANCE DUE E. Marshall Woo.a. Post Office Box 39 Lillington, NC 27546 Telephone: (919) 893-5191 4.40 $30.00 $610.00 DOCUMENT NO. 7. RESOLUTION AUTHORIZING EXECUTION OF MANAGEMENT CONTRACT WITH NORTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY WHEREAS, the Harnett County Board of Commissioners, has examined the Management Contract between the County of Harnett (hereinafter "County ") and the Northwest Water and Sewer District of Harnett County, attached hereto As Exhibit "A "; and WHEREAS, the Board desires for the County to enter into said contract as provided; NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners, that: 1. Harnett County is hereby authorized to and shall enter into the Management Contract attached hereto as Exhibit "A ". 2. The appropriate officers of said Harnett County are hereby directed to execute said Management Contract. Duly adopted this 6th day of March, 1989, upon motion made by Commissioner Collins , seconded by Commissioner Smith and passed by the following vote: Ayes S Noes 0 Absent 0 Abstained 0 Exhibit "A" NORTH CAROLINA HARNETT COUNTY HARNETT COUNTY BOARD OF COMMISSIONERS MANAGEMENT CONTRACT THIS CONTRACT, made and entered into this the _ day of March, 1989, by and between THE COUNTY OF HARNETT, a body politic organized and existing under the laws of the State of North Carolina (hereinafter called "County ") and THE NORTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY, a municipal corporation organized and existing pursuant to the provisions of Article 6, Chapter 162A of the North Carolina General Statutes (hereinafter Called "District "); W I T N E S S E T H: THAT WHEREAS, the County is lessee and operator of a water production system and a water supply distribution system owned by the Northeast Metropolitan Water District of WHEREAS, County as Utility Department which Harnett County; and lessee of said systems has created conducts a Public the operation of said systems; and WHEREAS, the District was organized and established for the purpose of constructing and operating a water supply distribution system to serve water users within the District as described in plans now on file in the Office of the District; and WHEREAS, the water supply distribution system of the District will be constructed with the use of Local funds; and WHEREAS, the Farmers Home Administration of the United States Department of Agriculture has agreed to loan the District sufficient funds to enable the District to finance the construction of said water supply distribution system; and 260 F WHEREAS, The County's Public Utility Department is fully capable to conduct the operation and management of the water supply distribution system of .the District; and • WHEREAS, the County and the District have agreed to enter into this contract for the operation and. management of the water supply distribution system of the District as a County operated system on a continuing basis and especially for and during the period of the existence of the Farmers Home Administration loan to the District. NOW, THEREFORE, the parties do contract and agree each with the other as follows: 1. That the District's water distribution supply system referred to above shall be operated and managed by The County's Public Utility Department as a County operated water distribution system on a continuing basis and especially for a period beginning as of the execution of this contract and extending until that certain loan referred to above made by the Farmers Home Administration to the District has been paid in full, being a period of at least forty (40) years. 2. That the Harnett County Board of Commissioners, sitting in the capacity as the governing body of County and /or as the governing •body of the District, shall establish and set the rates of charges for the purchase of water and for such other fees, charges, and penalties as required for the operation of the water distribution system, with proper cost accounting procedures to appropriately reflect the cost of these facilities operated by the County Public Utility Department relative to the operation of other utility enterprises which are or may be carried on by the County Public Utility Department. Further, the Harnett County Board of above, shall charge distribution system as meet operation and such Commissioners, in the capacities rates for the users will appropriately yield of sufficient said funds to the long maintenance expenses and to pay and retire stated water term debt of the Farmers Home Administration to the District. 3. This contract shall be a continuing contract relative to the furnishing of the essential water utility services for the people of the District and this contract shall exist and continue until the District and the County shall mutually modify or terminate this contractual arrangement. 4. That the Harnett County Board of Commissioners agrees to create an Advisory Council to lend assistance with input and advice as to the operation and maintenance of the aforesaid water distribution system by the Harnett County Board of Commissioners as the governing body of said District. 5. That the County shall be entitled to fund or cause to be funded the construction of any water line to be connected to the District's system as an extension within or without the boundaries of the District for the purpose of serving needy users with water utility services as the same shall be determined by the Harnett County Board of Commissioners and that the rates chargeable to such persons (users) shall be equitably set to properly reflect cost of operations and maintenance of water production and supply and further that in the event it shall become necessary for the District to levy a tax for the 261 purpose of funding bonded indebtedness of the District then in such event such rates of any person (user) outside the boundaries of the District shall be charged a greater user fee (rate) as will be equivalent to such needed property tax as may be levied; provided, if a tax levy is made, then such user charge for out -of- district users shall not be less than 150% of the user charge of users of the District. It is understood and agreed that the District shall have no obligation to extend its water lines outside of the District's boundaries. 6. That the County will manage and operate the water supply distribution system on an annual budget with the setting of rates on an annual basis as approved by the District's governing body with proper input and advice from the Advisory Council, which budget shall provide and set forth the handling of the funds such that a reserve fund, depreciation fund, debt payment fund, and surplus fund for the District shall be distinguishable, and further that the County shall maintain a system of accounts for the County Utility Department which will appropriately account for the various operations of the Utility Department, specifically so that all costs relative to the operation of the water supply distribution system will be separately stated; the County shall further maintain insurance and bonds as required by state law and that the County shall properly contract with a certified public accountant for annual audits of the Utility Department and that further the County shall comply with all federal, state and local laws and regulations relative to the operation of the water supply distribution system. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as authorized by the Harnett County Board of Commissioners sitting as the governing body of the County and the District, all the day and year first above written. By: ATTEST: Vanessa W. Young, Clerk By: ATTEST: Vanessa W. Young, Clerk to the Board and of the Northwest Water and Sewer District of Harnett County THE COUNTY OF HARNETT Lloyd G. Stewart, Chairman Harnett County Board of Commissioners NORTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY Lloyd G. Stewart, Chairman Harnett County Board of Commissioners, sitting as the governing body of the Northwest Water and Sewer District of Harnett County 262 DOCUMENT NO. 8.. RESOLUTION AUTHORIZING AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES WHEREAS, the Harnett County Board of Commissioners, has examined the "Amendment to Agreement for Engineering. Services" between the County of Harnett, the Northwest Water and Sewer District of Harnett County and Black & Veatch, Inc., attached hereto as Exhibit "A "; and WHEREAS, the Board desires for said County of Harnett to enter into said "Amendment to Agreement for Engineering Services" as set forth, NOW, THEREFORE, HE IT RESOLVED, by the Harnett County Board of Commissioners that: 1. The County of Harnett is hereby authorized to and shall enter into the "Amendment to Agreement for Engineering Services" attached hereto as Exhibit "A ". 2. The appropriate officers of the County of Harnett are hereby directed to execute said "Amendment to Agreement for Engineering Services ". Duly adopted this 6th day of March, 1989, upon motion made by Commissioner Collins , seconded by Commissioner Shaw and passed by the following vote. Ayes 5 Noes 0 Absent 0 Abstained 0 ATTEST: Vanessa W. Young, Clerk to the Boar BY: L HARNETT COUNTY BOARD OF COMMISSIONERS Exhibit "A" Stewart, Chairman AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES This AMENDMENT. TO AGREEMENT FOR ENGINEERING SERVICES is made and entered into this day of , 1989, by and between THE COUNTY OF HARNETT (hereinafter sometimes referred to as "County ") , the NORTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY (hereinafter sometimes referred to as "District ") and HIJACK & VEATCH, INC. (hereinafter sometimes referred to as "Engineer "). W I T N E S S E T H THAT WHEREAS, an "Agreement for Engineering Services" dated November 18, 1986 was entered into between County, for the then proposed Northwest Water and Sewer District of Harnett County, (said County therein being referred to as "Owner ") and Engineer relating to the furnishing of engineering services by Engineer with respect to said Northwest Water and Sewer. District of Harnett County; and WHEREAS, it was the understanding of County and Engineer that services furnished pursuant to said Agreement should relate to the providing of water services for the said Northwest Water and Sewer District of Harnett and, WHEREAS, the services se Furnished thereunder have related to the providing of water services as described and as contemplated by County, Engineer and District; and 263 DOCUMENT NO. 9. WHEREAS, it is the desire of the parties hereto to amend said Agreement as hereinbelow provided so as to clarify the contracting parties therein named. NOW THEREFORE, it is agreed by County, District, and Engineer that: The words "Harnett County for the proposed Northwest Water and Sewer District of Harnett County" designating the "Owner" as set forth in the above described "Agreement for Engineering Services" shall be and the same hereby are deleted and that in lieu thereof the words "Northwest Water and Sewer District of Harnett County" shall be and the same hereby are substituted and inserted, thereby designating "Owner" therein as the said Northwest Water and Sewer District of Harnett County. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Amendment to Agreement for Engineering Services in triplicate originals on the respective dates indicated below. RESOLUTION AUTHORIZING AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES WHEREAS, the Harnett County Board of Commissioners, has examined the "Amendment to Agreement for Engineering Services" between the County of Harnett, the Southwest Water and Sewer District of Harnett County and Black & Veatch, Inc., attached hereto as Exhibit "A "; and WHEREAS, the Board desires for said County of Harnett to enter into said "Amendment to Agreement for Engineering Services" as set forth, NOW, THEREFORE, BE IT RESOLVED, by the Harnett County Board of Commissioners that: 1. The County of Harnett is hereby authorized to and shall enter into the "Amendment to Agreement for Engineering Services" attached hereto as Exhibit "A ". 2. The appropriate officers of the County of Harnett are hereby directed to execute said "Amendment to Agreement for Engineering Services ". Duly adopted this 6th day of March, 1989, upon motion made by Commissioner Hudson , seconded by Commissioner Collins and passed by the following vote. Ayes 5 Noes 0 Absent 0 Abstained 0 ATTEST: Vanessa a..ac✓ Young, Vanessa W. Young, Clerk to the Board BY: HARNETT COUNTY BO'RD OF COMMISSIONERS Atka 1 4 Alta L • d ! Stewart, Chairman 264 Exhibit "A" AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES This'AMEFDMENT TO AGREEMENT FOR ENGINEERING SERVICES is made and entered into this day of , 1989, by and between THE COUNTY OF HARNETT (hereinafter sometimes referred to as "County ") , the SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY (hereinafter sometimes referred to as "District ") and BLACK & VEATCH, INC.. (hereinafter sometimes referred to as "Engineer "). W I T N E S •S E T H: THAT WHEREAS, an "Agreement for Engineering Services" dated February 1, 1988 was entered into between County, for the then proposed Southwest Water and Sewer District of Harnett County, (said County therein being referred to as "Owner ") and Engineer relating to the furnishing of engineering services by Engineer with respect to said Southwest Water and Sewer District of Harnett County; and WHEREAS, it was the understanding of County and Engineer, that services furnished pursuant to said Agreement should relate to the providing of water services for the, said Southwest Water and Sewer District of Harnett County; and, WHEREAS, the services so furnished thereunder have related to the providing of water services as described and as contemplated by County, Engineer and District; and WHEREAS, it is the desire of the parties hereto to amend said Agreement as hereinbelow provided so as to clarify the contracting parties therein named. NOW THEREFORE, it is agreed by County, District, and Engineer that: The words "Harnett County for the proposed Southwest Water and Sewer District of Harnett County" designating the "Owner" as set forth in the above described "Agreement for Engineering Services" shall be and the same hereby are deleted and that in lieu thereof the words "Southwest Water and Sewer District of Harnett County" shall be and the same hereby are substituted and inserted, thereby designating "Owner" therein as the said Southwest Water and Sewer District of Harnett County. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Amendment to Agreement for Engineering Services in triplicate originals on the respective dates indicated below. Executed by County, this day of , 1989.