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HomeMy WebLinkAbout08211989 (2)EAST CENTRAL WATER AND SEWER DISTRICT MEETING, AUGUST 21, 1989 APPOINTMENT'OF VANESSA YOUNG CLERK $ FINANCE OFFICER RESOL. ADOPTING COMMON SEAL RESOL. RE: APPLICATION TO FmHA FOR FUNDING RESOL. RE: USER AGREEMENTS & HOOK -UP FEES ADJOURNMENT DOCUMENT NO. 1. The Harnett County Board of Commissioners sitting as the governing body of East Central Water and Sewer District of Harnett County met August 21, 1989, in the County Office Building, Lillington, North Carolina, with the following members present: Rudy Collins, Bill Shaw, 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 10:30 p.m. John M. Phelps, II, Public Utilities Attorney, presented a Resolution Regarding Appointment of Vanessa W. Young as Clerk and Finance Officer of the East Central Water and Sewer District of Harnett County. Commissioner Collins moved for approval of the resolution. Conmussioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated August 21, 1989, as document no. 1. John M. Phelps, II, Public Utilities Attorney, presented a Resolution Adopting a Common Seal for the East Central Water and Sewer District of Harnett County. Commissioner Shaw moved for approval 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 August 21, 1989, as document no. 2. John M. Phelps, II, Public Utilities Attorney, presented a Resolution Regarding Application to Farmers Home Administration for Funding of Water Project. Commissioner Smith moved for approval 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 August 21, 1989, as document no. 3. John M. Phelps, II, Public Utilities Attorney, presented a Resolution Authorizing Water User Agreements and Initial Hook Up Connection Fees. Commissioner, Collins moved for approval of the resolution. 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 August;21, 1989, as document no. 4. There being no further business, the Harnett County Board of Commissioners sitting as the governing body of East Central Water and Sewer District, duly adjourned at 10 :45 p.m. to d J. Stewart, Chairman Kay Blanchard, Recording Secretary Vanessa W. Young, Clerk j o the RESOLUTION REGARDING APPOINTMENT OF VANESSA W. YOUNG AS CLERK. AND FINANCE OFFICER OF THE EAST CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY WHEREAS, pursuant to the provisions of Article 6, Chapter 162A of the General Statues of North Carolina, the Harnett County Board of Commissioners (hereinafter "the Board ") did, on March 20, 1989 create the East Central Water and Sewer District of Harnett County; and WHEREAS, the Board now site as the governing body of the East Central Water and Sewer District of Harnett County (hereinafter "the District "); and WHEREAS, Vanessa W. Young currently serves as Clerk to the Harnett County Board of Commissioners and as Finance Officer for Harnett County and in such capacities will conduct certain business of the District; and Board 587 WHEREAS, the Board desires to acknowledge its intention that as Clerk to and Finance Officer for Harnett County, Mrs. Young shall serve as the Clerk to and for the East Central Water and Sewer District and as Finance Officer for the same. NOW, THEREFORE, BE IT RESOLVED, by the Harnett County Board of Commissioners, sitting as the governing body of the East Central Water and Sewer District of Harnett County, that: Vanessa W. Young as Clerk to and Finance Officer for Harnett County shall be and hereby is appointed Clerk and Finance Officer of the East Central Water and Sewer District of Harnett County to serve do such capacity at the pleasure of the Board. Duly, adopted this 21st day of August, 1989, upon motion made by Commissioner Collins , seconded by Commissioner Shaw and passed by the following vote: Ayes 4 Noes 0 AT By: Absent 1 Abstained 0 HARNETT COUNTY BOARD OF COMMISSIONERS, Sitting as the governing body of the East Central Water and Sewer District of Harnett County Vanessa W. Young, erk 0 • to the Board and o the East Central Water and Sewer District of Harnett County DOCUMENT NO. 2. Llo,• / Stewart, Chairman RESOLUTION ADOPTING A COMMON SEAL FOR THE EAST CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY WHEREAS, the East Central Water and Sewer District of Harnett County is a duly organized and existing county water and sewer district, having been created pursuant to Article 6, Chapter 162A of the North Carolina General Statutes and by resolution adopted March 20, 1989 by the Harnett County Board of Commissioners; and WHEREAS, N.C. Gen. Stat. 5162A -88, provides that the District may have a common seal and alter and renew it at will; and WHEREAS, the District now desires to adopt as its common seal the design hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED, that the Harnett County Board of Commissioners, sitting as the governing body of the East Central Water and Sewer District of Harnett County, does hereby adopt as the common seal for said District the following: A circular emblem with a circle drawn within it, and the name East Central Water and Sewer District imprinted between the outer edge of the emblem and the inner circle. Within the inner circle appears the word "Seal" and the date 1989. Duly adopted this the 21st day of August, 1989, upon motion made by Commissioner Shaw , seconded by Commissioner Collins and passed by the following vote: Ayes 4 Noes 0 Absent 1 Abstained 0 HARNETT COUNTY BOARD OF COMMISSIONERS sitting as the governing body of the East Central Water and Sewer District of Harnett County 588 DOCUMENT NO. 3. DOCUMENT NO. 4. RESOLUTION REGARDING APPLICATION TO FARMERS HOME ADMINISTRATION FOR FUNDING OF WATER PROJECT (East Central Water and Sewer District of Harnett County) WHEREAS, the Harnett County Board of Commissioners, (hereinafter the Board) created the East Central Water and Sewer District of Harnett County at its meeting on March 20, 1989; and WHEREAS, the Board desires to provide a potable public water supply system to portions of said District, where the same shall be feasible; and WHEREAS, the Board finds that it is appropriate at this time to move forward with certain aspects of the planning for such water system by making application to the Farmers Home Administration of the U. S. Department of Agriculture for financing to fund the costs of the same; and WHEREAS, the Board desires to grant authority to the County Manager to take such action as is necessary to make such application. NOW, THEREFORE, be it resolved by the Harnett County Board of Commissioners, sitting as the governing body of the East Central Water and Sewer District of Harnett County, that Dallas H. Pope, Harnett County Manager is hereby authorized and directed to execute such documents and take such action as is necessary to make application to .the Farmers Home Administration of the United States Department of Agriculture for financing to fund the costs of a water distribution system for the District. Duly adopted this 21st day of August, 1989, upon motion made by Commissioner Smith , seconded by Commissioner Collins and passed by the following vote: Ayes 4 Noes 0 Absent 1 Abstained 0 HARNETT COUNTY BOARD OF COMMISSIONERS, Sitting as the governing body of the East Central Water and Sewer District of Harnett County RESOLUTION AUTHORIZING WATER USER AGREEMENTS AND INITIAL HOOK UP CONNECTION FEES (EAST CENTRAL WATER AND SEWER DISTRICT) WHEREAS, the Harnett County Board of Commissioners, sitting as the governing body of the East Central Water and Sewer District of Harnett County (hereinafter "the Board ") desires to proceed with its plans to provide water services in the East Central Water and Sewer District of Harnett County (hereinafter "the District "); and WHEREAS, in order to proceed with its plans, the Board has determined that the District must first contract to provide water services to a sufficient number of customers within the District so as to make construction of a water system therein economically feasible, and WHEREAS, attached hereto as "Exhibit A" is a Residential Water User Agreement which has been recommended to be used by the District in contracting with water customers; and 589 WHEREAS, the Board desires to adopt and authorize the use of the referenced Residential Water User Agreement for the purpose described; and WHEREAS, in order to raise the local funds necessary to implement the water construction project, a tap -on or connection fee must be charged to water customers; and WHEREAS, the Board desires to make provisions for a tap -on or connection fee for the District in a reduced amount so as to provide an incentive to the people in the District to contract for the District's water service; and WHEREAS, the Board finds that a fair and equitable fee to be charged during the initial contracting or early sign up period shall be One Hundred ($100.00) Dollars; and WHEREAS, the Board now desires to adopt such fee as the District's initial hook up or early sign up tap -on or connection fee. NOW, THEREFORE, BE IT RESOLVED, by the Harnett County Board of Commissioners, sitting as the governing body of the East 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 therein. 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 be One Hundred ($100.00) Dollars. Duly adopted this 21st day of August, 1989, upon motion made by Commissioner Collins , seconded by Commissioner Shaw and passed by the following vote: Ayes 4 Noes 0 Absent 1 Abstained 0 ij?2(irman HAR COUNTY BOARD OF COMMISSIONERS, Sitting as the governing body of the East Central Water and Sewer District of Harnett County ATTEST: Vanessa W. You , C1 =' k to the Board an of the East Central Water and Sewer District of Harnett County EXHIBIT A East 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 AMOUNT PAID RECEIPT NO. PROPERTY NO. CUSTOMER NO. Number of Persons Living in Household TENANTS NAME /NO. Telephone Number(s) State Road Number THIS AGREEMENT, made and entered into this the day of , 19 , between the East Central Water and Sewer District of Harnett County, (hereinafter "District ") and (hereinafter "User') a potential user of the water system owned and operated by the District. W I 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: C. User agrees to pay to District the .amount of $100.00 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. 591 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. 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 User 19 Witness Signed by District this day of BY: User EAST CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY Rodney M. Tart, Director Harnett County Department of Public Utilities Post Office Box 1119 Lillington, N.C. 27546