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HomeMy WebLinkAbout07031989 (3)510 WEST CENTRAL WATER & SEWER DISTRICT MEETING, JULY 3, 1989 CALL TO ORDER RESOL. ACCEPT- ING GRANT FOR WATER SYSTEM RESOLU. RE: WATER USER AGREEMENTS & HOOK UP FEES ADJOURNMENT DOCUMENT -NO. 1. The Harnett County Board of Commissioners sitting as the governing body of West Central Water and Sewer District of Harnett County met July 3, 1989, in the County Office Building, Lillington, North Carolina, with the following members present: Mack Reid Hudson, Rudy Collins, and Vice- Chairman Bill Shaw presiding. Others present were Dallas H. Pope, County Manager; Glenn Johnson, County Attorney; Vanessa W. Young, Clerk to the Board; and Shirley Wicker, Recording Secretary. Vice- Chairman Shaw called the meeting to order at 11:15 a.m. John M Phelps, II, Public Utilities Attorney, presented a resolution accepting grant for water supply systems project. Commissioner Hudson made a motion to adopt 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 July 3, 1989, as document No. 1. John M. Phelps, II, Public Utilities Attorney, presented a resolution authorizing revised water user agreements and initial hook up connection fees. Commissioner Collins made a motion to adopt 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 July 3, 1989, as document No. 2. There being no further business, the Harnett County Board of Commissioners sitting as the governing body of West Central Water and Sewer District of Harnett County duly adjourned at 11:30 a.m. R9_ CL, Bill Shaw, Vice - Chairman Shirley C. icker, Recording Secretary Vanessa W. Young, Clerk j o the 'card RESOLUTION ACCEPTING GRANT FOR WATER SUPPLY SYSTEMS PROJECT (WEST CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY) WHEREAS, the North Carolina Water Revolving Loan and Grant Act of 1987 has authorized the making of loans and grants to aid eligible units of government in financing the costs of construction of water supply systems; and WHEREAS, the Harnett County Board of Commissioners, sitting as the governing body of the West Central Water and Sewer District of Harnett County (hereinafter the "Board ") has heretofore authorized the making of an application for a loan and/or grant to the State of North Carolina for and in behalf of the West Central Water and Sewer District of Harnett County (hereinafter the "District "); and WHEREAS, the Division of Health Services, Department of Human Resources of the State of North Carolina has transmitted an offer to the District for a grant in the amount of $36,441.00; and WHEREAS, attached hereto as Exhibit "A" is an Offer and Acceptance document which fully sets forth the terms and conditions of the referenced grant offer; and WHEREAS, the Hoard finds that it would be in the best interest of the District to accept said grant and now desires to take and direct such action as will be necessary to accept the same. 511 wuw. ryexrrnnr nr TT nr��v gy LLa h RI EE eeM.t4 v'Jai .l ji Commissioners, sitting as the governing body of the West Central Water and Sewer District of Harnett County that: 1. The District shall and does hereby accept the offer of grant as set forth in the Offer and Acceptance document attached hereto as Exhibit "A ". 2. The Vice - Chairman of the governing body of the District is hereby authorized and directed to execute said Offer and Acceptance document for and in behalf of the District and thereby make the assurances contained therein. 3. The appropriate representatives of the District are directed to forthwith transmit the executed Offer and Acceptance document to the State of North Carolina. Duly adopted this 3rd day of July, 1989 upon motion make by Commissioner Hudson , seconded by Commissioner Collins and adopted by the following vote: Ayes 3 Noes 0 Absent 2 Abstained 0 WEST CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY EXHIBIT A STATE OF NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES DIVISION OF HEALTH SERVICES OFFER AND ACCEPTANCE OF STATE GRANT /LOAN FOR WATER SUPPLY SYSTEMS PROJECTS UNDER THE NORTH CAROLINA WATER REVOLVING LOAN AND GRANT ACT OF 1987, AS AMENDED, AND THE RULES AND REGULATIONS ADOPTED PURSUANT THERETO Project Nu:: DHS -0074 PART A SECTION 1 - OFFER Legal Name and Address of Applicant West Central Water and Sewer District P.O. Box 759 Lillington, NC 27546 Total Estimated Project Cost $ 1,200,000 Estimated Project Cost Eligible for State Participation $ 36,441* STATE LOAN OFFERED $ -0- ACCOUNT STATE GRANT OFFERED $ 36,441 General Revolving Loan and Grant Account High Unit Cost Grant Account Maximum available for Review Period n Emergency Revolving Loan Account Description of Project Water Main segment of the Water Distribution System Phase II for the West Central Water and Sewer District. Consideration having been given by the Division of Health Services to (a) the appli- cation submitted by the Applicant pursuant to the North Carolina Clean Water Revolving Loan and Grant Act of 1987, as amended, and the rules and regulations adopted pursuant thereto (b) the public benefits to be derived by the construction of this project, (c) the relation of the ultimate cost of constructing and maintaining the system to the public interest and to the public necessity for the system, and (d) the adequacy of the provisions made or proposed by the Applicant for assuring proper and efficient operation and maintenance of the system after completion of the construction thereof; and it having been determined by the Division of Health Services that the applicant is eligible and the project meets the cri- teria for State loans or grants as prescribed in the Act and the Rules and Regulations adopted pursuant thereto; and the Division of Health Services, having further determined that the project is entitled to priority over other projects eligible for consideration during the same priority period: 2 The Division of Health Services acting in behalf of the State of North Carolina, hereby offers: To make a State loan or grant to the above named Applicant subject to the assurances included in this document as Section II, in order to aid in financing the construction of the project pursuant to the North Carolina Clean Water Revolving Loan and Grant Act of 1987. The amount of the State loan or grant will not exceed the appropriate percentage of the estimated eligible portion of the reasonable construction cost of the project, as estab- lished by the Act; and, in the event the actual eligible portion of the reasonable construc- tion cost, as determined by the Division of Health Services upon completion of construction, is less than the estimated eligible portion of the reasonable construction cost upon which the loan or grant offer is based, such actual eligible cost shall be used to determine the amount of the State loan or grant; and the loan or grant payment shall be reduced as necessary to conform with the limitations hereinabove cited. In addition, this offer is made subject to completion of Part B of this Offer and Acceptance, and to the following conditions. 1. -Applicant will furnish information which satisfactorily demonstrates the avail- ability of funds, other than State grant funds, to pay the remaining costs of the project. This Offer must be accepted, if at all, on or before (date) For the Division of Health Services n 1= ' TO, TO, A ti:I Gw` July 12, 1989 Name and Title Richard K. Rowe, Chief Environmental Health Section, Division of Health Services SECTION II - ASSURANCES 5, The Applicant hereby gives assurance to the Division of Health Services: A. That no construction of the project shall be undertaken,, and no contract(s) for construction, alteration, or installation of community water systems shall be entered into prior t9 approval of plans and specifications by the Division of Health • Services. . B. That the construction contract(s) will require the contractor to furnish performance and payment bonds, the amount of which shall each be in an amount not less than one hundred percent (100%) of the contract price, and to maintain during the life of the contract(s) adequate fire, and extended coverage, workmen's compensation, public liability and property damage insurance. C. ,That any proposed change or changes in the contract or contracts, which make any major alteration in the work required by the plans and specifications will, be sub- mitted to the Division of Health Services. D. That complete signed copies of all change orders will be submitted to the Division of Health Services as issued. E. That the construction of the project, including the letting of contracts in con- nection therewith, shall conform to the applicable requirements of State and local laws and ordinances. F. That the construction contract(s) will provide that the representatives of the State will have access to the work whenever it is in preparation or progress and that the contractor- will provide proper facilities for such access and inspection. G. That the Applicant will provide and maintain competent and adequate engineering supervision and inspection at the project to insure that the construction conforms with the approved plans and specifications. • H. That adequate accounting and fiscal records have and will be maintained during the construction of the project and these records will be retained and made available for a period of at least two (2) years following completion of the project. I. That all funds loaned or granted pursuant to the Clean Water Revolving Loan and Grant Act shall be expended solely for carrying out the approved project and an audit shall be performed in accordance with G.S. 159 -34. J. That any books, documents, papers and records of the grantee pertinent to loans or grants received under the Act shall be made available to State personnel or their duly authorized representatives for the purpose of audit and examination, K. That the declarations, assurances, representations and statements made by the Ap- plicant in the application, and all documents, amendments and communications filed with the Division of Health Services by the Applicant in support of its request for a loan or grant will be fulfilled. 513 L. The Applicant agrees to construct the project or cause it to be constructed to final completion in accordance with the application and plans and specifications approved by the Division of Health Services. M That the facility will be maintained and operated in accordance with the requirements of the Division of Health Services pertaining to water supply systems. N. ..That the Applicant will permit the Division of Health Services or its authorized agents to have access to the project and the records pertaining to its operation at any reasonable time following completion of construction for the purpose of in- specting the operation and maintenance of the project. 0. That the Applicant shall demonstrate to the satisfaction of the Division of Health Services that it has or will have a fee simple or such other estate or interest in the site of the project, including necessary easements and rights -of -way, to assure undisturbed use and possession for the purpose of construction and operation for the estimated life of the project. SECTION III - ACCEPTANCE .On Behalf of (Legal Name of Applicant) West Central Water and Sewer District /Harnett County I, the undersigned, being duly authorized to take such action, as evidenced by the attached Certified Copy of Authorization by the Applicant's Governing Body, do hereby accept this offer and make the assurances contained therein. Signature of Representative Date Name and Title of Representative (Type or Print) Bill Shaw, Vace- Chairman West Central Water and Sewer District /Harnett County DHS Form 1950 (Rev. 7/88) Public Water Supply Branch DOCUMENT NO. 2 RESOLUTION AUTHORIZING REVISED WATER USER AGREEMENTS AND INITIAL HOOK UP CONNECTION FEES (West Central Water and Sewer District of Harnett County) WHEREAS, the West Central Water and Sewer District of Harnett County (hereinafter the "District ") has heretofore utilized a water users agreement to contract with customers for the sale and purchase of water services in the form approved for use by the Harnett County Department of Public Utilities; and WHEREAS, the District intends to provide additional water services in areas of the District in the future and it has been recommended to the governing body of the District that the Residential Water User Agreement attached hereto as Exhibit "A" be utilized for the future use of the District; and WHEREAS, the governing body of the District desires to authorize the use of said Residential Water User Agreement, and further desires to maintain its initial contracting or early sign up period connection fee in the amount of One Hundred ($100.00) Dollars as is expressed in said Agreement; 514 NOW, THEREFORE, BE IT RESOLVED, by the Harnett County Board of Commissioners, sitting as the governing body of the West Central Water and Sewer District of Harnett County, as follows: 1. That. the Residential Water User Agreement attached hereto as "Exhibit A" is hereby adopted for use by the District in contracting to provide water services to customers as future phases of the District's water distribution system are implemented. 2. That the Director of the Harnett County Department of Public Utilities is hereby authorized to execute such Residential Water User Agreements on behalf of the District. 3. That the early sign up or initial hook up reduced tap-on or connection fee for the District remain at the sum of One Hundred ($100.00) Dollars. Duly adopted this the 3rd Commissioner Collins Hudson and passed Ayes 3 Noes 0 , day of July, 1989 upon motion made by , seconded by Commissioner by the following vote: Absent 2 Abstained 0 EXHIBIT A West Central Water and Sewer District of Harnett County RESIDENTIAL WATER USER. AGREEMENT (Initial Hookup - Reduced Rate) User's Mailing Address: Name Street, Route or P.O. Box City or Town, State, Zip Number of Persons Living in Household AMOUNT PAID RECEIPT NO. RECEIPT NO. PROPERTY NO. CUSTOMER N0. Telephone Road Number LANDLORD NAME /NO. This Agreement, made and entered into this the , 19 , between the West Central District of Harnett County, (hereinafter "District ") day of Water and Sewer and (hereinafter "User ") a potential user of the water system owned and operated by the District. W X T N E S S E T H : The District, in connection with the Harnett County Department of Public Utilities, is planning to construct and thereafter operate a water supply and distribution system (hereinafter "water system ") to serve areas within.. the District. It is the desire of the District to serve as many individuals as may be economically feasible. Construction of the water system is contingent, among other things, upon the District obtaining funding for the costs of construction. In order for the District to move forward with the planning for the water system, it is necessary for the District to obtain commitments from a sufficient number of individuals and /or property owners to connect to and use the water system. By signing this Agreement, in the event the water system is constructed, the User named above agrees to connect such User's residence, business or other building to the water system and agrees to thereafter use such system for User's water source. However, in the event the water system is not constructed, then neither the District, nor the User named shall be obligated hereunder. NOW THEREFORE, In consideration of the mutual promises herein set forth, it is agreed by District and User as follows: • A. It is mutually understood by User and District that in the event an adequate number of water users for the District is not obtained or for other reasons construction of the water system is not begun or a water distribution line is not available to the User, then neither District nor User shall be bound hereunder. B. The property which is the subject of this Agreement and to which water shall be supplied as provided is described as follows: 515 C. User agrees to pay to District the amount of One Hundred ($100.00) Dollars per connection as a tap -on charge, said amount being due after notice to User by District. The notice shall be given after funding commitments for the costs of construction of the District's water system are obtained, and shall be mailed to User by first class mail at the address indicated above. In the event that construction of the water system does not follow as anticipated or a water distribution line is not available to User, District shall refund the tap -on charge to User, without interest, and the provisions of paragraph D(12) will become inoperable. D. In the event that the water system is constructed and a water distribution line is available to the User and the property described, then the following agreements shall apply: 1. District, pursuant to its Rules and Regulations, agrees to provide a water service connection on the above described property and upon completion of the construction of the system and the commencement of the operation thereof, to provide potable water to the User. 2. User agrees to pay to District the amount of Ten Dollars ($10.00) as a deposit, as required by the District Rules and Regulations, which deposit may be returned without interest as provided by said Rules and Regulations. Said deposit shall be due 30 days after notice to User by District and such notice shall be given by first class mail to User at the mailing address indicated hereon. Should this agreement be for rental property, the amount of the deposit, as set forth in the said Rules and Regulations, shall be Twenty -five ($25.00) Dollars. Said deposit shall be paid by or on behalf of the tenant prior to commencement of water service. Additionally, prior to commencement of water service, the tenant must complete and file a tenant water application. 3. User grants the District, its successors and assigns, a perpetual easement in, over, under, and upon the above described land with the right to erect, construct, intall, lay and thereafter use, operate, inspect, repair, maintain, replace and remove water lines, meters, meter service facilities and appurtenant facilities thereon, together with the right of ingress and egress over adjacent land for the purposes mentioned above. 4. User shall install and maintain at User's own expense a 3/4 inch cut -off valve on the User's side of the District's water meter and a service line which shall begin at the meter and extend to the dwelling or place of use. The service line shall connect with the water system of the District at the nearest place of desired use by the User, provided the District has determined in advance that the District water system is of sufficient capacity to permit the delivery of water at that point. 5. User agrees to comply with all requirements, rules and regulations applicable to water users adopted by the Division of Health Services of North Carolina Department of Human Resources. User further agrees that upon and after the date a plumbing connection is made between the User and the District, User shall allow no cross connection to exist between the District's system and any pipeline containing a contaminant or any pipeline connected to other present or future sources of water. 6. User agrees to pay for water at such rates, time, and place as shall be determined by the District and agrees to the penalties for non - compliance with the above, as set out in the District's Rules and Regulations. 7. It is understood that after the date water is made available to the User, District shall notify User of such fact. Such notice shall set forth the details regarding the making of the plumbing connection, and shall provide information concerning User's obligations with respect to obtaining applicable inspections and permits regarding the plumbing connection. User shall then have sixty (60) days from the date of such notification to make the plumbing connection from the place of use on the above described property to the District's system. Charges for water shall commence on the date that the plumbing connection is completed, but in no event later than the end of the sixty (60) day period. That is to say, if the plumbing connection is not completed by the end of the sixty (60) day period, user charges shall commence and User shall be obligated to pay the minimum user bill from and after the end of such period, regardless of whether water is being supplied to User. 8. User agrees to abide by the Rules and Regulations of the District as from time to time promulgated by the District or the Harnett County Board of Commissioners, and further agrees to abide by such other Harnett County ordinances, rules and regulations with respect to water service connections, as are adopted by the Harnett County Board of Commissioners. Additionally, User agrees to obtain the necessary inspections and permits related to water service connections as required by the Inspections Section of the Harnett County Planning and Development Department. 9. District shall purchase and install a cutoff valve and water meter for each service. The District shall own said meter and shall have the exclusive right to use it. 10. User agrees that there shall be one water connection for each building or structure requiring water connections on the above described property. A tap -on charge shall be due for each such connection. 516 11. District shall have final jurisdiction on any question of location of any service line connection to its distribution system; shall determine the allocation of water to User in the event of a water shortage and may shut off water to User if User allows a connection or extension to be made to User's service for the purpose of supplying water to another user. 12. In the event User breaches this agreement by refusing or failing, without just cause, to connect to the District's distribution system as set forth, User agrees to pay District $500.00 liquidated damages; and in the event User transfers title or agrees to transfer title to the above described property, before or after such connection, User agrees that this agreement shall run with the property title thereto and agrees to advise the new owner with respect hereto and furnish new owner a copy hereof. 13. After District has executed this Agreement, a copy shall be provided to User by mailing to the User's address as indicated above. Signed by User this day of , 19 .