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HomeMy WebLinkAbout09181989601 HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 18, 1989 DEER HUNTING RESOLUTION RE: SPOTLIGHTING RESOLUTION RE: USE OF DOGS FOR DEER HUNTING RESOLUTION RE: DISCHARGE OF FIREARMS - ROADSIDE The Harnett County Board of Commissioners met in regular session on Monday, September 18, 1989, in 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 Lloyd G. Stewart called the meeting to order at 7 p.m. Commissioner Mack Reid Hudson offered the invocation. Commissioner Collins moved for the approval of the minutes of the regular meeting, September 5, 1989. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Mr. Nick Skatell and Mr. Steve Flynn, Consolidated Planning, Inc., briefed the Board concerning proposal for health services for Harnett County employees. Dallas H. Pope, County Manager, provided background information to the Board and the citizens present concerning three resolutions associated with deer hunting in Harnett County. Mr. Pope stated that a petition containing 225 names had been received requesting that the use of dogs for hunting deer, and spotlighting of deer in Harnett County north of the Cape Fear River be prohibited. Mr. Pope also stated that a petition containing 300 names requesting that there be no changes in the law associated with use of dogs for hunting deer in Harnett County had been received, and that a petition containing 23 names had been received requesting that the discharge of firearms on roads and road right -of -ways be prohibited. W. Glenn Johnson, County Attorney, presented a resolution concerning spotlighting of deer within Harnett County. 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 September 18, 1989, as document no. 1. W. Glenn Johnson, County Attorney, presented a resolution concerning the use of dogs for hunting of deer within Harnett County north of the Cape Fear River. Commissioner Shaw moved that the resolution not be adopted. Commissioner Smith seconded the motion and it passed with the following vote: Ayes: Commissioners Hudson, Smith, Shaw, Stewart Noes: Commissioner Collins The resolution is copied in full at the end of these minutes dated September 18, 1989 as document no. 2. W. Glenn Johnson, County Attorney, presented a resolution concerning discharging of firearms along roads and road right -of -ways within Harnett County. Commissioner Collins moved for the adoption of the resolution. Commissioner Hudson seconded the motion and it passed with the following vote: Ayes: Commissioners Collins, Hudson, Shaw, Stewart Noes: Commissioner Smith The resolution is copied in full at the end of these minutes dated September 18, 1989, as document no. 3. PUBLIC HEARINGS CONCERNING Carla Stephens, Planning Director, briefed the group that there would be two APPLICATIONS FOR ZONING public hearings concerning applications for proposed zoning district changes DISTRICT CHANGES and explained the purpose was to obtain public comments concerning the proposed zoning district changes. PHYLLIS BENNETT JERRY RAYNOR Chairman Stewart called to order a public hearing concerning application for Phyllis Bennett, from RA -30 Zoning District to RA -20M Zoning District, locate in Upper Little River Township, on S.R. 1129. Carla Stephens, Planning Director, presented the application to the Board. Chairman Stewart opened the meeting for public comments. No comments were offered from the public. Chairman Stewart closed the public hearing concerning application for proposec zoning district change for Phyllis Bennett. Chairman Stewart called to order a public hearing concerning application for Jerry Raynor, from RA -30 Zoning District to Commercial Zoning District, located in Anderson Creek Township, on S.R. 2048. Carla Stephens, Planning Director, presented the application to the Board. Chairman Stewart opened the meeting for public comments. The following citizens provided comments concerning the application: 1. Pat Kerner, adjacent landowner, no objection. 2. Jerry Raynor, applicant Chairman Stewart closed the public hearing concerning application for propose zoning district change for Jerry Raynor. ACTION The Board considered the following applications for zoning district change: PHYLLIS BENNETT JERRY RAYNOR SUBDIVISION PLAT BICKETT TURLINGTON SANDY GROVE AMENDMENT TO ZONING ORDINANCE 1. Phyllis Bennett, from RA -30 Zoning District to RA -20M Zoning District, Upper Little River Township, S.R. 1129. The Planning Board recommended approval of the application. Commissioner Hudson moved that the zoning district change application request be approved. Commissioner Shaw seconded the motion and it passed with a unanimous vote. 2. Jerry Raynor, from RA -30 Zoning District to Commercial Zoning District, Anderson Creek Township, S.R. 2048. The Planning Board recommended disapproval of the application. Commissioner Smith moved that the zoning district change application be denied. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Carla Stephens, Planning Director, presented a subdivision plat for Bickett Turlington Subdivision, consisting of 9 lots owned by Bickett Turlington, and located in Grove Township, on S.R. 1564. Commissioner Hudson moved for the approval of the subdivision plat. Commissioner Smith seconded the motion and . it passed with a unanimous vote. Carla Stephens, Planning Director, presented a subdivision plat for Sandy Grove Subdivision, consisting of 4 lots located in Black River Township on S.R. 1542. Commissioner Smith moved that the subdivision plat be approved. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Carla Stephens, Planning Director, presented an Ordinance Amending an Ordinance entitled Zoning Ordinance for Harnett County, North Carolina adopter July 18, 1988, which includes proposed changes presented in public hearing on August 21, 1989. Commissioner Hudson moved for the adoption of the ordinance. Commissioner Collins seconded the motion and it passed with the following vote: Ayes: Commissioners Hudson, Collins, Smith, and Stewart Noes: Commissioner Shaw The ordinance is copied in full in the Harnett County Ordinance Book 1, page/3$. AMENDMENT TO SUBDIVISION Carla Stephens, Planning Director, presented an Ordinance Amending an Ordinance entitled Subdivision Regulations for Harnett County, N.C., which includes proposed changes presented in public hearing on August 21, 1989. Commissioner Hudson moved for the adoption of the ordinance. Commissioner Collins seconded the motion and it passed with a unanimous vote. The ordinance is copied in full in the Harnett County Ordinance Book 1, page/3f. PETITION RE: MOBILE Dallas H. Pope, County Manager, briefed the Board on petition received HOME PARK ON HWY. 27 concerning proposed mobile home park on highway 27 west of Lillington. The following citizens spoke in opposition to the proposed park: 603 BRIEFING ON C.A.P. TAX COLLECTOR CHARGED TO COLLECT TAXES RESOLUTION RE: SALE OF SHER. DEPT. EQUIP. 1. James Werbelow 2. Greg Filyo 3. Leo McDonald 4. Charlie Cotton Commissioner Collins moved that the Board call for an Environmental Health report concerning this matter and that until the Board could further study the matter that the Inspections Department be directed not to issue a Certificate of Occupancy for this project. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Jack Bryan, Social Services Director, briefed the Board on proposed Community Alternative Program for Harnett County. The Board will consider a resolution concerning this program at the next regular Board Meeting. Commissioner Hudson moved that the Clerk to the Board charge the Tax Collector to collect the taxes for Harnett County. Commissioner Collins seconded the motion and it passed with a unanimous vote. The charge was administered to Bobby Wicker, Tax Administrator, by Vanessa W. Young, Clerk to the Board, and is copied in full at the end of these minutes dated September 18, 1989, as document no. 4. Jerry T. Blanchard, Transportation and Procurement Director, presented a resolution concerning sale of Sheriff's Department equipment. Commissioner Collins moved that the resolution be adopted. 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 September 18, 1989, as document no. 5. SPECIAL SERVICE W. Glenn Johnson, County Attorney, presented a request to establish a special DISTRICT REQUEST service district to provide fire protection services the northwest section of the county. Commissioner Collins moved that the Board move forward with steps to establish the requested fire district. Commissioner Shaw seconded the motion and it passed with a unanimous vote. INTER -BASIN TRANSFER OF WATER HANGER FACILITY CONTRACT - FOUR "P" INVEST. CO. W. Glenn Johnson, County Attorney, briefed the Board on petition which could be submitted concerning inter -basin transfer of water. Dallas H. Pope, County Manager, presented a contract for construction of a hangar facility at the Harnett County Airport between the County of Harnett and Four "P" Investment Company, Inc. Commissioner Smith moved that the County enter into the lease agreement. Commissioner Collins seconded the motion and it passed with a unanimous vote. The lease agreement is copied in full at the end of these minutes dated September 18, 1989, as document no. 6. APPOINTMENTS TO Commissioner Shaw made a motion that the following appointments be made to PLANNING BOARD fill vacant positions on the Planning Board: 1. Ms. Rachel M. Barnes - three year term expiring December 31, 1991 P. 0. Box 86 Angier, NC 27501 2. Mr. Guy Cayton - two year term expiring December 31, 1990 P. 0. Box 417 Spring Lake, NC 28390 Commissioner Hudson seconded the motion and it passed with a unanimous vote. APPOINTMENTS TO Commissioner Smith made a motion that the following appointments be made to ZONING BD. OF the Zoning Ordinance Board of Adjustment: ADJUSTMENT 1. Reappointment of Mr. Blount Whiteside 1502 N. Wellons Avenue Dunn, NC 28334 2. Appointment of Ms. Lois Hall (to replace Mr. C. P. Tarkington) 6704 Carnation Circle Spring Lake, NC 28390 3. Appointment of Mr. C. P. Tarkington (Alternate member) 6503 Ray Road Spring Lake, NC 28390 Commissioner Shaw seconded the motion and it passed with a unanimous vote. RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented a Resolution AGREEMENT WITH Authorizing Execution of Agreement with John H. Wellons et al. Commissioner JOHN H. WELLONS Hudson 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 September 18, 1989, as document no. 7. RESOLUTION RE: John M. Phelps, II, Public Utilities, presented a Resolution Regarding ENCROACHMENT WITH Encroachment with Colonial Pipeline Company. Commissioner Smith moved for the COLONIAL PIPELINE 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 September 18, 1989, as document no. 8. REPORTS BUDGET AMEND. APPOINTMENT TO LEE-HARNETT MENTAL HEALTH EXECUTIVE SESSION ACTION RE: BIDDING OF ELECT. CONTRACT BUNNLEVEL %RIVER. ADJOURNMENT Reports for the month of August were filed with the Board from the following departments: Agricultural Extension, Inspections Department, Health Department, Social Services, and Planning. Dallas H. Pope, County Manager, requested the following budget amendment for Public Utilities: Code 30- 9100 -045 30- 9100 -074 Revenue: 30- 3990 -001 30- 3990 -003 30- 3990 -004 Contracted Services Capital Outlay- Equipment $8,650. increase 581. increase Unappropriated Fund Bal.- water 400. increase Unappro. Fd. Bal.-South Cen. 8,681. increase Unappro. Fd. Bal. -West. Cen. 150. increase Commissioner Shaw moved for the approval of the budget amendment. Commissioner Collins seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Agriculture Extension: Code 10- 7300 -011 10- 7300 -033 Revenue: 10- 3990 -000 Telephone & Postage Materials & Supplies Fund Balance Appropriated $ 45. increase 1,005. increase 1,050. increase Commissioner Hudson moved for the approval of the budget amendment. Commissioner Collins seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Family Violence Prevention: Code 10- 7301 -014 10- 7301 -033 10- 7301 -074 10- 7301 -045 Travel & Meetings Materials & Supplies Capital Outlay- Equipment Contracted Services $ 100. increase 269. increase 5,795. increase 6,164. decrease Commissioner Smith moved for the approval of the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Social Services: Code 10- 7700 -003 Salaries & 10- 7700 -045 Contracted Wages -part time 111,804. decrease Services 111,804. increase Commissioner Hudson moved for the approval of the budget amendment. Commissioner Smith seconded the motion and it passed with a unanimous vote. Commissioner Hudson made a motion that Ms. Berline Kelly, Rt. 4, Box 733B, Spring Lake, NC be reappointed to the Lee - Harnett Mental Health Board for a four -year term to expire 9 -1 -93. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Commissioner Shaw moved that the Board go into Executive Session. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Commissioner Collins moved that the Board come out of Executive Session. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Commissioner Shaw made a motion that the previous action of the Board of Commissioners authorizing the rebidding of the electrical contract work on the Bunnlevel- Riverside Wastewater System Project be amended to allow the County of Harnett, through the County Manager or a designated employee, to negotiate with Hogue Electric, Inc. in connection with such work prior to its rebidding in an effort to determine if such work can be performed pursuant to a negotiated agreement with the provision that such work be rebid in the event that said negotiations do not yield an agreement that is acceptable to the County and approved by the Board of Commissioners. The motion was seconded by Commissioner Collins and unanimously adopted by the Board. There being no further business, the Harnett County Board of Commissioners duly adjourned at 11:15 p.m. G. Stewart Chairman Kay xi See e cvtor �a eo n A �` J) Blanchard, Rec °Sec. Vanessa W. Young, erk 605 DOCUMENT NO. 1. NORTH CAROLINA, HARNETT COUNTY. RESOLUTION THAT WHEREAS, the Harnett County Board of Commissioners has received a petition signed by persons owning land within Harnett County requesting that the Board of Commissioners take such action as might be necessary to impose controls within Harnett County relative to the spotlighting of deer within the County; and WHEREAS, a determination has been made that the laws of the State of North Carolina provide that the Board of Commissioners of a County may seek, by resolution duly adopted, the imposition of such controls by the appropriate agencies of the State of North Carolina; and WHEREAS, it has been determined by the Board of Commissioners of Harnett County that all adjoining Counties impose controls and restrictions in connection with the intentional shining of a light upon a deer or intentional sweeping of a light in search of a deer; and WHEREAS, it has been represented that the activities above referenced occur with frequency in Harnett County, in part because there are no such restrictions and controls in said County but adjoining Counties do have such restrictions and controls; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Harnett County that the appropriate agencies of the State of North Carolina, including the North Carolina Wildlife Resources Commission, take such action as might be allowed by law to investigate and review the above referenced matter and impose within Harnett County restrictions, regulations and prohibitions which would serve to make it unlawful for anyone, between the hours of one -half hour after sunset and one -half hour before sunrise, to intentionally shine a light upon a deer or intentionally sweep a light in search of a deer in said County. This 18th day of September, 1989. ATTEST: Vanessa W. Young Clerk to the Board HARNETT COUNTY BOARD OF COMMISSIONERS By: 1 At t G. Stewart, Cha rman y, 606 DOCUMENT NO. 2. NORTH CAROLINA, HARNETT COUNTY. R E S O L U T I O N THAT WHEREAS, the County of Harnett presently has no regulations that prohibit the hunting or running of deer by dogs within such County; and WHEREAS, the Harnett County Board of Commissioners has received a petition signed by persons owning land within said County requesting the imposition of controls and restrictions prohibiting the hunting or running of deer by dogs within the northern section of Harnett County, (Cape Fear River north), and WHEREAS, the laws of the State of North Carolina provide that such controls and restrictions may be imposed by the appropriate agency of the State upon completion of the process established by law and after the receipt by said agency of a resolution duly adopted by the Board of Commissioners of the County for which such restrictions and controls are sought; and WHEREAS, it has been alleged that property owners within the County of Harnett have determined that individuals are crossing and utilizing the lands of others in connection with hunting of deer and running of deer by the use of dogs without the permission of the owners of certain lands being so crossed and utilized; and WHEREAS, the North Carolina Wildlife Resources Commission is the appro- priate agency to investigate this matter and comply with the procedures established by the laws of the State of North Carolina relative to the imposition of controls and restrictions of the type herein referenced; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett that the State of North Carolina, by and through the North Carolina Wildlife Resources Commission, take such action as might be provided by law to impose within Harnett County, North Carolina such regulations as might be necessary to cause it to be unlawful to hunt deer by the use of dogs or to run deer by the use of dogs in the northern section of Harnett County, North Carolina (Cape Fear River north). This 18th day of September, 1989. HARNETT COUNTY BOARD OF COMMISSIONERS 607 DOCUMENT NO. 3. NORTH CAROLINA, R E S O L U T I O N HARNETT COUNTY. THAT WHEREAS, the County of Harnett presently has no regulations that prohibit the discharging of firearms (a practice used in some form of hunting) along road- sides and road right -of -ways within such County; and WHEREAS, the Harnett County Board of Commissioners has received a petition signed by persons owning land within said County requesting the imposition of controls and restrictions prohibiting the discharging of firearms along roadsides and road right -of -ways within Harnett County; and WHEREAS, the laws of the State of North Carolina provide that such controls and restrictions may be imposed by the appropriate agency of the State upon completion of the process established by law and after the receipt by said agency of a resolution duly adopted by the Board of Commissioners of the County for which such restrictions and controls are sought; and WHEREAS, it has been alleged that property owners within the County of Harnett have determined that individuals are discharging firearms along roadsides and road right -of -ways creating a major hazard to personnel and property that may be in the area where firearms are being discharged in the practice of hunting; and WHEREAS, the North Carolina Wildlife Resources Commission is the appropriate agency to investigate this matter and comply with the procedures established by the laws of the State of North Carolina relative to the imposition of controls and restrictions of the type herein referenced; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett that the State of North Carolina, by and through the North Carolina Wildlife Resources Commission, take such action as might be provided by law to cause it to be unlawful to discharge firearms along roadsides and road right- of-ways in Harnett County, North Carolina. This 18th day of September, 1989. ATTEST: r-�Vanessa W. Youn Clerk HARNETT COUNTY BOARD OF COMMISSIONERS By: Li d . Stewart, hairman 608 DOCUMENT NO. 4.. CHARGE TO THE TAX COLLECTOR OF HARNETT COUNTY You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the Office of the Tax Assessor and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County of Harnett, and this order shall be a full and sufficient authority to direct, require, and enable you to levy and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with law. Witness my hand and official seal this Seventh Day of November, Nineteen Hundred and Eighty- Eight. DOCUMENT NO. 5. HARNETT COUNTY BOARD. OF COMMISSIONERS Vanessa W. Young, Clerk to the Board HARNETT COUNTY NORTH CAROLINA 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. Smith & Wesson Service Revolver Seria 2. Smith & Wesson Service Revolver Seria 3. Smith & Wesson Service Revolver Seria 4. Smith & Wesson Service Revolver Serfa 5. Smith & Wesson Service Revolver Seria 6. Smith & Wesson Service Revolver Seria 7. Smith & Wesson Service Revolver Seria 8. Smith & Wesson Service Revolver Seria 9. Smith & Wesson Service Revolver Seria 10. Smith & Wesson Service Revolver Seria 11. Smith & Wesson Service Revolver Seria 12. Smith & Wesson Service Revolver Seria 13. Smith & Wesson Service Revolver Seria 14. Smith & Wesson Service Revolver Seria 15. Smith & Wesson Service Revolver Seria 16. Smith & Wesson Service Revolver Seria 17. Smith & Wesson Service Revolver Seria 18. Smith & Wesson Service Revolver Seria 19. Smith & Wesson Service Revolver Seria 20. Smith & Wesson Service Revolver Seria 21. Smith & Wesson Service Revolver Seria 22. Smith & Wesson Service Revolver Seria 23. Smith & Wesson Service Revolver Seria 24. Smith & Wesson Service Revolver Seria 26. Smith & Wesson Service Revolver Seria 26. Smith & Wesson Service Revolver Seria 27. Smith & Wesson Service Revolver Seria No. AZH4856 No. AZH7209 No. AZH5104 No. 47K6402 No. AYV8364 No. AYJ3387 No. 103K987 No. 47K6331 No. 47K6452 No. AZC7335 No. AZH6069 No. 47K9272 No. ACL1298 No. 47K6256 No. AZJ2998 No. 47K9800 No. 47K9728 No. 47K6977 No. 47K6075 No. AVR1672 No. 103K992 No. ACL1299 No. 47K6160 No. 47K9248 No. AYH2931 No. 47K6818 No. 47K6327 The County Manager is hereby authorized to dispose of the above listed personal property through private negotiation and sale, for not less than one hundred fifty dollars ($150.00) per revolver. Duly Adopted this the Eighteenth day of September, Nineteen Hundred and Eighty Nine. ATTEST: kU. Vanessa W. Youn HARNETT COUNTY BOARD OF COMMISSIONERS loy Stewart, Chairman 609 DOCUMENT NO. 6. NORTH CAROLINA, HARNETT COUNTY. LEASE THIS LEASE AGREEMENT, made and entered into by and between the COUNTY OF HARNETT, a body politic and corporate of the State of North Carolina, hereinafter referred to as "Lessor ", and FOUR "P" INVESTMENT COMPANY, INC., a North Carolina Corporation with a place of business in Harnett County, State of North Carolina, hereinafter referred to as "Lessee ". The parties acknowledge and agree that: A. Lessor is the owner of an airport known as the Harnett County Airport located in the eastern part of Harnett County, between the Village of Buies Creek and the Town of Erwin, south of U. S. Highway 6421 and lying between S. R. 61769 and the Cape Fear River, about one mile, more or less, west of the Village of Buies Creek, herein referred to as the Harnett County Airport. B. Lessee desires to construct, maintain, and use a Hangar at the airport, together with the right to assign Lessee's rights to said Hangar, subject to the provisions herein set forth. C. Lessor is willing to lease to Lessee a portion of the airport premises for such use, together with such rights and privileges as are set forth in this agreement. D. The term Lessee as used in this Lease includes the concept of "Operator" or Fixed Base Operator" when the Lessee rents the subject Hangar to the general public. E. The premises leased under this Lease are more particularly described as all of the parcel containing 0.36 acres and identified as "for lease purpose only" shown on the plat which is attached hereto as Exhibit A and incorporated herein by reference. NOW, THEREFORE, for the material consideration hereinafter stated, the Lessor does hereby demise and lease unto Lessee and Lessee does hereby hire and rent from the Lessor all that portion of the said Harnett County Airport hereinabove described, all upon the following terms and conditions, to wit: 1. LESSEE TO CONSTRUCT HANGARS OWNERSHIP TO COUNTY Lessee, at Lessee's expense, shall construct or install upon the space leased to Lessee hereunder a Hangar and related improvements that it shall determine to be necessary in connection with the use hereinafter defined, provided, however, that such Hangar shall be built in accordance with applicable laws and County Ordinances. Lessor shall have the right to inspect the plans and specifications of such Hangar prior to construction and to refuse to permit such construction if the external appearance thereof does not meet Lessor's reasonable requirements for substantial uniformity of appearance of all buildings and structures on the airport property, or if the type of construction or installation or the location thereof does not meet Lessor's reasonable requirements for the safe use of the airport. 610 In addition to other laws and ordinances in effect, the Lessee shall comply with all applicable provisions of any County Ordinance with respect to Hangar Construction, to include Section 6, Design and Construction Standards; Other Structures; Section 9, Insurance; Section 18, Construction and Rental of Hangars of an Ordinance entitled "An Ordinance Establishing Minimum Standards for Fixed Base Operators of Harnett County Airport," and to include all of the provisions of an ordinance entitled "An Ordinance Establishing Minimum Standards for Construction of Hangars at Harnett County Airport ". A failure to complete construction on a Hangar on the demised premises within one year from the date this Lease is executed, a failure to construct according to standards, a failure to get Lessor's approval, or a failure to comply with all applicable laws, all codes, and all ordinances and requirements of Harnett County with respect to Hangar construction, shall be a breach of this Lease. The County shall own the Hangar to be constructed as herein set forth. 2. TERM The term of this Lease shall be for a period of twenty five (25) years, commencing upon completion of construction of the Hangar on the demised premises, or twenty -six (26) years from the date Lessor executes this instrument, whichever first occurs. 3. CONSIDERATION The construction of a Hangar as provided for in paragraph one hereof shall be full consideration for this Lease for the above set forth term. 4. PURPOSE FOR WHICH THE DEMISED PREMISES MAY BE USED As provided for in the aforementioned Ordinance Establishing Minimum Standards, Section 18, the Hangar constructed by Lessee on the demised premises shall be used for the storage and maintenance of airplanes only, with such storage and maintenance of airplanes to be inside the Hangar facility only. If the Hangar is rented to the public or any governmental agency by Lessee, which use is hereby authorized, such use shall be a "miscellaneous operation" within the meaning of Section 17 of said ordinance fixing minimum standards for fixed base operators, and the provisions of said ordinance shall apply to Lessee as a fixed base operator. The provisions contained in paragraph 13, HOURS OF OPERATION, 14, USE FOR BENEFIT OF THE PUBLIC; RATES CHARGES, ETC. and paragraph 15, DISCRIMINATION PROHIBITED, shall apply only if Lessee is renting Hangar space to the public. 5. RIGHTS NOT EXCLUSIVE The rights of Lessee, as a fixed base operator for the purpose of renting Hangar space are not exclusive and such rights may be granted to others on other portions of the Harnett County Airport. 611 6. DUTY TO CLEAN, ETC. The Lessee shall at all times keep the leased premises clean and free from rubbish, and in a neat and presentable manner. The Lessee shall remove all wrecked, dismantled or junked aircraft from the leased premises. Lessee shall keep the grass growing in or outside of the Hangar in a neat and presentable condition. 7. REPAIRS AND MAINTENANCE, BUILDING AND GROUNDS The L hall make all repairs and perform all necessary maintenance on the Hangar building constructed by Lessee on the leased premises and generally keep the Hangar building and grounds in good condition and in keeping with established minimum standards. The grounds shall be landscaped in a presentable manner and shall have either a permanent surface (such as concrete) or a lawn of neat and presentable appearance. 8. OTHER FIXED BASE OPERATORS The terms and conditions of this agreement shall not prevent the Lessor from executing leases with other Fixed Base Operators, as well as the United States Army, United States Air Force, United States Navy or other federal, state, county or municipal agencies pertaining to governmental flying into and out of and use of Harnett County Airport. 9 FORCE MAJEURE If during this agreement, the United States Government or any governmental agency acquires possession of the premises herein leased by virtue of any laws now in effect or which may become effective during the term of this agreement, then this agreement at the option of the Lessee may be terminated or may be suspended for the period the Lessee is deprived of the premises, and if suspended thereafter the Lessee may resume its tenancy and the agreement shall continue until the full term thereof has been enjoyed by the Lessee. 10. ALTERNATIONS, ADDITIONS OR IMPROVEMENTS Lessee must first obtain the approval of the Lessor before making any alternations, additions or improvements to or on the leased premises. 11. EFFECT OF OTHER AGREEMENTS Lessee shall not enter into any transaction which would deprive the Lessor of any of the rights and powers necessary to perform all covenants of the Grant Agreements or other obligations under any of the various types of agreements with federal and state agencies. It is understood by the Lessee that this Lease Agreement is subordinate to the terms and conditions of all deeds and agreements between the Lessor and the United States relative to operations, maintenance and control of the Harnett County airport. 12. ASSIGNMENT AND SUBLETTING Assignment of this Lease by Lessee or subletting of any portion of the leased premises shall be subject to the consent of Lessor. 612 13. HOURS OF OPERATION Except during inclement weather, and absent the written authorization of Lessor providing otherwise, the Lessee, as a fixed base operator, agrees to keep the Hangar to be constructed upon the leased premises open to the public during regular business hours. Regular business hours are from 8:00 a.m. to 5:00 p.m., seven days a week when Eastern Standard time is in effect, and from 8:00 a.m. until 7:00 p.m. when Daylight Savings time is in effect. 14. USE FOR BENEFIT OF THE PUBLIC; RATES, CHARGES, ETC. Lessee, as-ma fixed base operator, shall operate for the use and benefit of the public and make available to the public on fair and reasonable terms all leased airport facilities and furnish all service on a fair, equal and non - discriminatory basis to all users thereof and to charge fair, reasonable and non - discriminatory prices for each activity, product or service. Rates and charges for any activities, products and services shall be fixed by the Lessee subject to Lessor concurrence and approval of such rates and charges as to reasonableness. In the event of disputes as to such reasonableness, final determination will be made by the Lessor. The channels for approval of rates and charges begin with the Airport Committee and thereafter follow the procedures set forth in paragraph 17. All services offered by the Lessee shall be performed with promptness and courtesy. 15. DISCRIMINATION PROHIBITED The Lessee, as a fixed base operator, will not on the grounds of race, color, or national origin, discriminate or permit discrimination against any person or group of persons in any manner prohibited by Part 21 of the Department of Transportation Regulations. 16. INSURANCE The Lessee shall maintain a fixed base airport liability insurance policy in limits of not less than $100,000.00 (One Hundred Thousand and 00 /100 Dollars) per Claimant and $300,000.00 (Three Hundred Thousand and 007/,100 Dollars) per occurrence for bodily injury, and not less than $250,000.00 (Two Hundred Fifty Thousand and 00 /100 Dollars) for property damage. Such insurance coverage shall indemnify the Lessor for all claims brought against it for bodily injury and property damage due to negligent or careless operations and use by or through the Lessee, and the Lessee shall file a copy of such policy with the Lessor or shall provide Lessor with a current and valid Certificate of Insurance deemed adequate by Lessor. Lessee shall maintain necessary fire, theft and comprehensive insurance to cover all improvements to be made by Lessee, including the Hangar Lessee is to construct, and the other fixed assets of Lessor. All property owned by Lessee shall be insured by it and Lessor has no responsibility for any loss sustained due to fire, theft, or other causes. 613 17. LESSOR /AIRPORT COMMITTEE /COUNTY MANAGER /AGENT RELATIONSHIPS Lessor has a duly- appointed agent, an Airport Committee and a County Manager. L green to deal with the Lessor through the following channels: First, through the Lessor's duly- designated agent; second, through the Airport Committee when practicable; third, through the County Manager; and last, through the Board of Commissioners. At this time, the County's agent for the purposes hereinafter described is Harnett Aviation, Inc., and its rights and duties are set forth in a lease agreement executed by the Lessor on February 27, 1989. its authority is as set forth in paragraph 20 of said lease agreement. 18. DECISIONS BY AGENT FOR COUNTY AND NOTICE If Lessee excepts or objects to the authority of Harnett Aviation, Inc., or its successor, (hereinafter in this Lease called "Agent "), to prohibit unauthorized aeronautical activities or to exercise the other authority as provided for in paragraph 17 above, or to other action taken by Agent pursuant to the Lease between the Agent and the County of Harnett, the Lessee may appeal the Agent's decision to the Airport Committee. The Airport Committee shall set a time for hearing such appeal which time shall be no more than ten (10) days after notice of the appeal is given to it by the aggrieved party or as soon thereafter as is practicable. After a decision is made by the Airport Committee, the Lessee may appeal within ten (10) days thereafter to the Lessor. The Lessor shall hear the appeal at the first regular meeting of its Board of Commissioners following receipt of a notice of appeal, or as soon thereafter as is practicable. The Agent's decision on such issue shall be binding until the time for appealing the Airport Committee's decision has expired, or until the Lessor makes its decision regarding the matter, whichever first occurs. The Agent is not an agent of the Lessor for any matter except as provided for in paragraph 17 above, and nothing contained in this document shall provide otherwise. Agent as a fixed base operator is an independent contractor whose decisions, insofar as they affect the public and are made pursuant to Agents rights under a lease with the Lessor, shall upon application of any person affected by such decision be subject to administrative review by the Lessor to determine whether or not federal, state and local laws and regulations are being followed and enforced by the Agent. The administrative remedy set forth in this Lease shall not be exclusive, but must be exhausted before relief is applied for in the courts. If the Lessor by ordinance adopts either this procedure or an alternate procedure, then such ordinance shall apply and be followed by the parties to this Lease. Any notice by either party to this lease to the other party shall be sufficient if actually received or given by any method provided for in the North Carolina Rules of Civil Procedure. 614 19. COUNTY TAXES Lessee shall be responsible for all ad valorem taxes due for Lessee's leasehold interest. 20. UTILITIES During the term of this Lease, Lessee shall be responsible for and shall pay all utility costs connected with the demised premises. 21. BREACH Should either party violate any term or provision of this Lease, the party not in default may immediately terminate the Lease, as provided for in Paragraph 22. 22. TERMINATION This Lease shall terminate upon breach of any condition of this Lease by either party which remains uncured for more than thirty (30) days after written notification of breach by the party not in default, immediately upon the bankruptcy of the Lessee, or upon expiration, whichever first occurs. Upon termination of the Lease, the Lessee agrees to immediately vacate 23. PARTY WALLS Any wall built upon a boundary of the property described and referenced in Section "E" above shall be and is hereby declared to be a party wall. Any transfer of said property shall be subject to all rights acquired in such party wall by the owner or owners of any adjacent property owner. Lessee expressly agrees to permit an adjacent property owner to build to a wall of its Hangar located upon a boundary line between such properties upon payment of one -half the actual cost of such wall at the time it was constructed. 24. HANGAR SET BACK LINES Lessor may designate the location upon the above - described property leased to Lessee of all improvements to be constructed by Lessee, and may impose such set back requirements as Lessor deems appropriate. 25. RESTRICTIVE COVENANTS Lessor may impose uniform requirements for set back lines, party walls, and other similar restrictions, made applicable to all heretofore and hereafter designated Hangar sites on airport property; Lessee covenants that any restrictions imposed pursuant to paragraphs 23 and 24 shall run with the land and be binding upon Lessee and its successors and assigns, and that any violation thereof shall constitute a breach of this Lease Agreement. Lessee agrees, upon request of Lessor, to join in the execution of any document declaring and imposing any restrictions on use such as set forth above, and further agrees that Lessor may enforce any provisions imposed by it, including those relating to Hangar walls and Hangar set back lines, in any court having jurisdiction. EXECUTED IN DUPLICATE, this 1989. day of COUNTY OF HARNETT 615 DOCUMENT NO. 7. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH JOHN H. WELLONS gl WHEREAS, Harnett County, through its Department of Public Utilities, is planning to construct sewerage collection and disposal facilities to serve the Bunnlevel and Riverside Communities pursuant to a plan designated as the Bunnlevel - Riverside Wastewater Facilities Project; and WHEREAS, John H. Wellons and wife, Alma R. Wellons and Charles R. Wellons, single have offered to provide funds to the County for use in connection with the Project, and it is the desire of Harnett County to accept such funds; and WHEREAS, attached hereto is an Agreement between John H. Wellons and wife, Alma R. Wellons and Charles R. Wellons, single and the County of Harnett specifying the details of the agreements between the parties with respect to such funding; and WHEREAS, it is the desire of the Board of Commissioners of Harnett County to authorize the execution of such Agreement. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that the appropriate officers of the County of Harnett are authorized to execute the Agreement attached hereto as Exhibit A. Duly adopted this 18th day of September, 1989 upon motion made by Commissioner Hudson , seconded by Commissioner Collins and adopted by the following vote: Ayes 5 Noes 0 Abstained 0 Absent 0 Harnett County Board of Commissioners Attest: 1/Lawu 74.71 ti,,._ Vanessa W. Young, Clerk NORTH CAROLINA HARNETT COUNTY By: EXHIBIT A •y. G. Stewart, Chairman AGREEMENT THIS AGREEMENT is made and entered into this _ day of 1989, between JOHN H. WELLONS and wife, ALMA R. WELLONS and CHARLES R. WELLONS, single of Dunn, Harnett County, North Carolina (hereinafter sometimes referred to as "Wellons ") and THE COUNTY OF HARNETT, a body politic organized and existing under the laws of the State of North Carolina, (hereinafter sometimes referred to as "County "). W I TI E B BETE : THAT WHEREAS, County, through its Department of Public Utilities, is planning to construct sewerage collection and disposal facilities to serve the Bunnlevel and Riverside Communities pursuant to a plan designated as the Bunnlevel - Riverside Wastewater Facilities Project, (hereinafter sometimes referred to as the "Project "); and WHEREAS, Wellons is the owner of certain real properties in the Riverside Community and has significant interest in the development of the Project and the resulting improvements the same will have on that Community; and WHEREAS, Wellons has offered to provide funds to the County for use in connection with the Project and'has requested that said funds be considered by the County as prepaid connection fees; and WHEREAS, County desires to accept the offer of Wellons in order to facilitate the construction of the Project; and WHEREAS, County and Wellons desire to set forth the terms and conditions of their agreements with respect to these matters as hereinafter stated. NOW, THEREFORE, in consideration representations, warranties, of the mutual covenants and agreements contained herein, and for good and valuable consideration, the receipt and sufficiency of which agree as follows: are hereby acknowledged, Wellons and County I. FUNDING BY WELLONS Wellons agrees to pay to County the sum of Sixty Thousand Dollars ($60,000.00), said funds to be used by the County, without restriction, for the Bunnlevel Riverside Wastewater Facilities Project. Said sum shall be due and payable on or before 11:00 o'clock a.m. on the date that the proceeds from the sale of the bond anticipation note(s) associated with the Project are transmitted to the County. County agrees to advise Wellons of such date as soon as practicable after the same is determined. II. ESTABLISHMENT OF FINANCIAL ACCOUNTING After receipt of the funds from Wellons, County shall establish upon its financial and accounting records an account specified as (or otherwise identifiable as) an Account Payable for Wellons with regard to the Bunnlevel- Riverside Wastewater Facilities. Such account shall hereinafter be referred to as the "Wellons Account ". Upon establishment of the Wellons Account, a credit balance in the amount of Sixty Thousand Dollars ($60,000.00) shall be entered thereon. III. ACCOUNTING FOR PREPAID CONNECTION FEES During the period specified in Section V below and subject to the proviso therein, for each sewer connection made by Wellons (in accordance with Section VI hereof) to the wastewater facilities constructed pursuant to the Project, County shall enter, as a debit, the amount of Six Hundred Dollars ($600.00) upon the Wellons Account. Such entry shall be made in lieu of the collection of a connection fee and shall decrease the credit balance on said account. No fee or other charge shall be due from Wellons with respect to the making of such connections as described herein, provided that such connections are made in accordance with Section VI hereof. However, Wellons or the sewer user will be responsible for payment of the required deposit and the sewer service fees. 617 IV. REIMBURSEMENT OF CERTAIN CONNECTION FEES A. During the period specified in Section V below and subject to the proviso therein, when either: 1. a sewer connection is made (by some other person, firm or business other than Wellons) to the Bunnlevel - Riverside Wastewater Facilities such that the effluent from such connection will be within the drainage area tributary to the Project's Pump Station Number Six. or 2. there is any other significant expansion made (by some other person, firm or business other than Wellons) to the Bunnlevel- Riverside Wastewater Facilities such that sewer connections resulting therefrom would encroach upon the capacity of the Project's Pump Station Number Six, then, County shall reimburse to Wellons from the connection fee collected for each such sewer connection made, the sum of Six Hundred Dollars ($600.00). At the time of any such payment, County shall enter as a debit upon the Wellons Account, the amount of such payment, thereby decreasing the credit balance on said account. B. The determination as to what expansion would encroach upon the capacity of the Project's Pump Station Number Six, as described in Section IV(A)(2) above, shall be made by mutual agreement of an engineer representing County and an engineer representing Wellons. Should such engineers be unable to agree, the determination shall be made by an independent engineer chosen by County and Wellons. The cost for such independent engineer shall be paid one -half by County and one -half by Wellons. C. Connection Fees charged by the County shall be made pursuant to the applicable policies, rules and regulations of County, shall be subject to all relevant statutes and laws, and are subject to change. D. Any reimbursement distributions made to Wellons as provided in this Section shall be made by check payable to Wellons, and shall be made within thirty (30) days after the full amount of the connection fee from which the distribution shall be made is collected by County. E. It is understood that no distribution to Wellons shall be made from any funds collected by County other than connection fees as specified herein, and as collected pursuant to the applicable rules, regulations and /or ordinances of County. 618 V. LIMITATIONS ON PREPAID CONNECTION FEES AND REIMBURSEMENT OF CONNECTION FEES The recognition of prepaid connection fees and the debits made to the Wellons Account related thereto as set forth in Section III hereof, and the reimbursement of certain connection fees and the debits made to the Wellons Account related thereto as set forth in Section IV hereof shall be made to Wellons as stated over a period of no more than ten (10) years, such period to commence upon the date the Project is completed (as certified by the County's engineers) and continue up to and including the same date ten (10) years therefrom: PROVIDED, HOWEVER that the total amount of prepaid connection fees recognized and debited to the Wellons Account, together with any reimbursement distributions made to Wellons and thereby debited to said account shall not exceed the amount of the original credit balance in the Wellons Account. That is to say, that the prepaid connection fees shall be recognized and the reimbursement distributions made until either the total amount of prepaid connection fees recognized and the total amount of reimbursement distributions made equals the original credit balance in the Wellons Account (whereupon such credit balance is reduced to zero) or until the ten (10) year period expires, whichever occurs first. VI. CONSTRUCTION REQUIREMENTS AND CONVEYANCE TO COUNTY A. Upon the development of Wellons' real properties located within and /or adjacent to the Project area, Wellons agrees to cause to be installed and constructed at Wellons° cost such sewer collection system appurtenant thereto as will transmit sewerage from each individual place of use developed by Wellons to the connection point. Such sewer collection system shall consist of such network of sewer interceptor lines, force mains and /or pipelines, and other related appurtenances and /or facilities necessary to transmit sewerage as above described. The term "sewer collection system" as used herein shall refer to a system installed and constructed pursuant to Section VI of this Agreement. The "connection point" shall refer to that point, as approved by County, where a sewer collection system installed and constructed hereunder shall connect to the existing system of the County. The construction and installation of a sewer collection system shall be Completed as follows: 1. Wellons shall cause such sewer collection system to be constructed in accordance with the specifications of the County as provided through the County Department of Public Utilities, and Wellons shall permit representatives of County to inspect the construction and installation of the said sewer collection system to verify the same. 2. Wellons shall cause plans and specifications for a described sewer collection system to be completed in accordance with standard engineering practices and procedures by a qualified engineering firm acceptable to and approved by the County and Wellons shall provide copies of the plans and specifications, for approval, to the County and to its Department of Public Utilities. 619 3. Wellons shall provide to County and its Department of Public Utilities, prior to the commencement of the construction and installation of said sewer collection system, shop drawings of all materials to be used for construction. 4. Wellons shall obtain and acquire continuous and adequate easements and rights of way on private lands necessary to erect, construct, install and lay, and thereafter use, operate, inspect, repair, maintain, replace, remove, change the size of or protect said sewer collection system. 5. Wellons shall obtain and acquire permits, franchises, and authorizations or other instruments by whatsoever name designated, from public utilities and public bodies, commissions, or agencies such as are necessary to erect, construct, install and lay, and thereafter use, operate, inspect, repair, maintain, replace, remove, change the size of or protect said sewer collection system upon, along or across streets, roads, highways and public utilities. 6. Wellons shall obtain approval for the construction and completion of a sewer collection system from the necessary federal, state and /or local governments and agencies, prior to and /or at the time of completion. 7. Wellons shall cause the construction and installation of a sewer collection system to be completed in accordance with standard engineering and contracting practices and procedures, by a qualified contractor acceptable to and approved by the County. B. Wellons shall provide County and the County Department of Public Utilities three (3) entire sets of drawings of any completed sewer collection system as constructed and as is conveyed to County as hereafter provided. B. Wellons agrees that in the event that the construction and installation of a sewer collection system is not completed as set forth above, then County shall notify Wellons of such fact and in what ways the construction does not meet the terms of this agreement, and it shall be the duty of Wellons to thereafter correct such items or things as do not meet the terms hereof. C. Wellons agrees that upon completion of the construction of a sewer collection system, and inspection, approval and acceptance thereof by County through its Department of Public Utilities, to convey by good and sufficient deed and /or other document of conveyance to County that entire sewer collection system, together with all easements, rights of way, permits, franchises, authorizations or other instruments as described in subsections VI(A)(4) and VI(A)(5) above needed to operate and maintain the said sewer collection system. D. Wellons hereby warrants that a sewer collection system caused to be constructed by it, and thereafter conveyed to the County as described above, shall be constructed with good material and in a workmanlike manner and shall be properly 620 installed, based upon sound engineering principles and good workmanship, and shall be capable of collecting and disposing of sewage in the manner for which it was designed. E. If a said sewer collection system shall, within twelve (12) months from the date of acceptance thereof by the County cease to operate as warranted, then the County shall cause the system to be corrected and the cost thereof, including material and labor, shall be paid by Wellons. F. Wellons shall and, insofar as Wellons legally may, hereby assumes, and agrees to indemnify and hold harmless the County, its successors and assigns, from and Against all loss, costs, expenses, including attorneys' fees, claims, suits and judgments whatsoever in connection with sickness, injury to or death of any person or persons, or loss of or damage to property caused by or in any way connected with the installation, use or presence of a sewer collection system, howsoever caused, during a one (1) year period beginning with the date of acceptance of a system by the County. Provided, however, that Wellons and Wellons successors in interest shall not be liable as a result of any such damage unless that damage occurs within the one (1) year period from the date of acceptance of a system by the County. G. It is understood that upon conveyance of a sewer collection system to County as described in this Section, as owners of the same, County shall operate and maintain such sewer collection system as part of the County's Bunnlevel- Riverside Wastewater Facilities as operated by the Harnett County Department of Public Utilities pursuant to the rules and regulations of the County. H. Subject to the provisions of Section IV, upon and after conveyance of a sewer collection system to County, County shall be entitled to collect and retain all revenues and other charges from and relating to the service of sewerage facilities to all users, including Wellons. I. Upon and after the conveyance of a sewer collection system as provided in this Section, subject to Section VII(C), County may allow other users to be served by said system. VII. MISCELLANEOUS PROVISIONS A. Connection and Sewerage Transportation. County shall have, without charge, the right to connect or interconnect a sewer collection system which is constructed under the terms of Section VI of this agreement with any other sewer system it desires and shall have the further right, without charge, to transport sewerage through the subject sewer collection system. B. Subject to Rules and Regulations. The operation and maintenance of the Bunnlevel- Riverside Wastewater Facilities and the construction, operation and maintenance of a sewer collection system constructed by Wellons as provided in Section VI hereof are subject to and governed by Rules and Regulations adopted by the County for its Public Utilities Department and all fees, charges and /or costs related to the same are controlled thereby and are subject to change. 621 DOCUMENT NO. 8. C. Connections Approved. Any connection made to the Bunnlevel- Riverside Wastewater Facilities is subject to and regulated by the said Rules and Regulations and any such connection shall be approved by County and /or its Department of Public Utilities prior to such connection. D. Finding Effect. In the event Wellons should cease to own the real properties referenced herein, whether the result of sale, assignment, legal process, or otherwise, this Agreement shall be binding on said Wellons successor(s) in interest. It is understood that the obligations and benefits provided for in this Agreement shall apply to Wellons successor(s) in interest. It is further understood and agreed that the terms hereof are binding on the parties hereto and their successors, assigns, and legal representatives. E. Future Expansions. In the event Wellons should at some future date desire to upgrade or participate in the upgrading of the facilities constructed pursuant to the Project, Wellons agrees to advise County of such desire and County and Wellons agree to use their best efforts to negotiate an agreement substantially similar to this Agreement relative to such upgrading. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the date and year written. RESOLUTION REGARDING ENCROACHMENT WITH COLONIAL PIPELINE COMPANY WHEREAS, the County of Harnett, by and through its Department of Public Utilities, operates certain water transmission lines in the Northwest Water and Sewer District of Harnett County; and WHEREAS, in order to obtain the necessary license to construct and maintain certain water transmission lines upon and under rights of way or properties owned by the Colonial Pipeline Company, it is necessary for the County of Harnett to enter into the Agreement attached hereto as Exhibit "A "; and WHEREAS, the County of Harnett desires to enter into said Agreement; 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 Agreement with the Colonial Pipeline Company attached hereto as Exhibit "A ". 2. Rodney M. Tart, Director of Harnett County Public Utilities is hereby authorized to execute said Agreement for and in behalf of the County. Duly adopted this 18th day of September, 1989, upon motion made by Commissioner Smith , seconded by Commissioner Collins , and passed by the following vote: Ayes 5 Noes 0 Absent 0 Abstained 0 HARNETT COUNTY BOARD OF COMMISSIONERS EXHIBIT A Colonial Pipeline Company Local CPC Address: Colonial Pipeline P.O.Box 18403 Groensboro.N.C. 27419 Area Encroachment No.: GRB -89 -47 Date: 8 -25 -89 Encroaching Party Address: County - OfHarnett P,O.Box 759 Lillineton.N.C. 27546 Atten: Rodney Tart Re: Encroachment Agreement - CPC Loc. 808 , Tract No. 70;70.1 ;8(ink Map No.4@#5 , Stationing Colonial Pipeline Company presents no objection to your proposed ° 4" PVC Water Line @ SR 1412 and SR 1430 encroaching our 6" petroleum products pipeline(s) as approved by Colonial's field representative,. subject to the following conditions: 1. Notify Frank Simpson , (phone 919- 852 -4611 ), at least two Colonial working days prior to construction, subsequent maintenance or repair so Colonial may provide a representative at the site. If he cannot be reached, then notify J.E.Marder (phone 919- 292 -7779 ). 2. No mechanized ditching or excavation shall be allowed within five (5) feet of either side of the extremities of the 6" pipeline(s). No excavation or construction is permitted over Colonial's pipeline(s) or within its easement without a Colonial rep- . resentative being present. Sub - grading, grading and placement of fill over the pipeline(s) will require the approval of Colonial's field representative as to method and extent. Stockpiling of spoilage or top soil over the pipeline(s) is not permitted, unless otherwise approved by Colonial's representative. 3. Right of way will stay clear of equipment vehicles and material at all times, except as noted in Item 12. 4. Permanent structures are not permitted on the right of way. Manholes, junction boxes, valve boxes, fire hydrants, service meters, storm drain inlets, and utility poles are considered permanent structures. The impoundment of water over the pipeline(s) is not allowed. No fences or temporary structures shall be allowed in the right of way without the express approval of Colonial's representative. Temporary structures include such items as signs, trailers, temporary power poles, eta. 5. Upon request by the encroaching party, landowner or their agents, Colonial will determine the approximate location of its pipeline(s) and right of way limits; however, in doing so, Colonial makes no warranty as to the accucacy of the locations and measurements given. Colonial also cannot provide assurance that its permanent line markers are positioned directly over its pipeline(s). 6. Pipeline markers made unusable or damaged shall be repaired or replaced at the encroaching party's expense. In addition, no pipeline markers shall be obscured from public view. 7. Blasting within the immediate vicinity of Colonial's right of way shall be conditionally allowed. Blasting on Colonial's right of way shall be permitted only with the approval of a Colonial representative as to time and method with the prior approval of the Region Engineering Manager. ' 8. The encroaching party agrees that all work on Colonial's right of way shall be performed in a workmanlike manner and in compliance with applicable governmental and industry standards and codes. 9. This approval is granted only to the extent of, and with no actual or implied diminishment of, Colonial's rights and interests, and without either express or implied warranty. 10. County Of Harnett agrees to defend and hold Colonial harmless from all loss, cost, or other expense, attorney's fees and court costs necessary,to enforce any of the provisions herein, including personal property and bodily injury damages, whether occurring to it or to Colonial; the respective employees, agents, or servants of either; or to third parties, Which are proximately caused by or arise from the installation, maintenance, or repair of your works, with the exception of claims due to the sole negligence of Colonial. .11. Should any damage occur to the herein permitted encroachment, as a result of Colonial Pipeline Company exercising any of its.. rights -at any time, Colonial will not be responsible for said damages; and any expense or monetary cost involved in the repair of said damages will be borne by owners of said damaged encroachment. 623 12.* In addition to the previously mentioned restrictions, all of the conditions initialed by Colonial's representative and the encroaching party. * See attached sheets Item 12: Only the initialed conditions by both the encroaching party and A Colonial representative shall apply. A. Parallel occupancy of foreign utilities shall not be permitted longitudinally within Colonial's right of may. B. Foreign utilities crossing Colonial right of way shall be installed a minimum of 2' -0" above or below Colonial's pipeline(s), and this elevation must be maintained for the entire width of the right of way. The angle of crossing shall be as near a 90* angle as possible. C. Ductile iron or steel foreign utility crossings do not tequlre encasement. Other utility crossings shall be encasing in ( ) steal, ( ) concrete, or ( ) D. Fences shall be constructed with gates sufficiently large to alloy Colonial's maintenance personnel and equipment the right of ingress and egress. Fence posts shall be installed to the side of the pipeline with a minimum of two (2) feet of hori- zontal clearance. E. The encroaching party acknowledges that Colonial's pipelines) have imp d electrical current for the protection of the steal. Any loss of this protection caused by the encroaching party will be corrected by Colonial personnel onl . The cost to correct this damage will be paid by the encroaching party. F. The proposed new road or railroad shall comply with the minimum clearances specified in Exhibit 13 or 13A. If these clearances cannot be maintained, concrete protective slabs per Exhibits 14, 14A, 15, and 15A may be installed to protect the pipeline(s). If the pipeline(s) have to be exposed and checked for coating holidays, it shall be paid for by the encroaching party. C. If the approximate location of the pipeline(s) is required, steel prod bars, shovels and electrical sensing devices may be used by Colonial's field personnel. It should be noted that-- these methods are only approximate and can be misleading. The exact location of the pipeline(s) can best be found through test pitting. H. If test pitting is required to determine the exact location and elevation of the pipeline(s) at the time of construction, Caution; notify (per Item 1) so that he may provide a Colonial representative at the site. This representative must be present during the test pitting for the protection of the pipeline(s) and common verification of its location. All costs for this test pitting will be borne by the encroaching party. Any engineering based on Colonial or other design criteria stemming from the amount or location of this test pit data is the responsibility of the encroaching party. Itei 12: (Continued) Only the initialed conditions by both the encroaching party and Colonial representative shall apply. I. Colonial reserves the right to pen, cut, excavate and dig across the proposed road or raiiroad, including avenues and sidewalks; and in either such event, Colonial shall not be liable for the restoration of same or the payment of any damages to the encroaching party. J Excavation or grading which might result in erosion or which could.render the Colonial right of way inaccessible shall not be permitted unless the encroaching party agrees to restore the area and provide protection to Colonial's pipeline(s). Any erosion control measures within or protecting the right of ray including diversion dikes, sediment traps, silt fences, gravel outlets, and emergency spillways will require approval of Colonial's field representative as to equipment and method. A. Heavy equipment shall not be permitted to operate over the pipeline(s) unless earth padding has been provided to protect the pipeline from vibrating, overloading or physical. damage. Temporary equipment crossings over the pipeline(s) are permitted at selected locations as approved by Colonial's field representative. Light to medium weight equipment will require five (5) vertical feet of cover over the pipeline(s), and heavy 'equipment will require six (6) vertical feet of cover. Colored strips of plastic shall be placed under the temporary fill at original grade so that original grade vill not be disturbed when the temporary fill is removed. No equipment or vehicles may be parked over the pipeline(s). L. Original vegetation on Colonial's right of way shall not be disturbed except in areas of the above mentioned construction and approved equipment crossings. High visiblity plastic fence or other approved barricade shall be installed and maintained by (check one) encroaching party , Colonial Pipeline Company _, along Colonial's right-Tray within the limits of the project to insure that traffic does not travel over Colonial's pipeline(s). 624 M. Burning or burying of trash, brush, debris, etc. shall not be permitted within the Colonial right of way without approval from the Colonial representative. - - -- N. Only low- growing, ornamental type shrubbery or trees, with a maximum height of four (4) feet tall, shall be allowed within the right of way. 0. Cover above the pipelines) shall be a minimum of four (4) feet, and in general, the following criteria as the maximum. Pipe Size a. 6 to 30 inch b. 32 inch c. 36 inch d. 40 inch Cover Above Pipeline 15 feet maximum 11 feet maximum 7 feet maximum 8 feet maximum Item 12: (Continued) Only the intialed conditions by both the encroaching party and Colonial representative shall apply. This criteria for maximum cover is for soil load only. If other external loads such as vehicle or traffic loads are involved, do not use. ° P. The following special conditions shall be required for this project: Please signify acceptance of the above conditions by a proper official in the space provided below. Upon the failure of the encroaching party, owner or his agents to comply with any of the terms of this Agreement, Colonial. reserves the right to revoke this Agreement in its entirety, prevent same from continuing any activity in viola- tion of the terms of this Agreement or its rights under its easements and prior agreements and make any necessary repairs or adjustments to its pipeline(s) or right of way with its own forces at the expense of the party requesting the encroachment. Original: Right of Way Section cc: Area Manager: J.E.Marder Sincerely, olonial Pipeline mpary'Representative Region Manager: H.R.Melendy