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HomeMy WebLinkAbout02231987191 HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, FEBRUARY 23, 1987 1 1 1 CALL TO ORDER PRAYER BICENTENNIAL COMMITTEE FOR HARNETT COUNTY APPROVAL OF RESOLUTION OCCUPANCY TAX APPROVAL OF RESOLUTION The Harnett County Board of Commissioners met in special session on Monday, February 23, 1987, in the Commissioners Room, County Office Building, Lillington, North Carolina, with the following members present: Bill Shaw, Rudy Collins, Mack Reid Hudson, Mayo Smith, and Chairman Lloyd G. Stewart presiding. Dallas H. Pope, County Manager; Vanessa W. Young, Clerk to the Board; Glenn Johnson, County Attorney; and Mollie J. Wade, Recording Secretary, were also present. Chairman Stewart called the meeting to order at 7:00 p.m. Commissioner Mack Reid Hudson led the evening prayer. Elaine Marshall, Chairman of the Harnett County Committee to celebrate the Bicentennial of the United States, appeared before the Board and presented for the Commissioners' consideration a proclamation establishing a Bicentennial Committee of Harnett County for the purpose of planning and implementing a meaningful commemoration of the 200th anniversary of the United States Constitution. Following a discussion, Commissioner Collins made a motion that the Proclamation as presented by Ms. Marshall be approved; Com- missioner Shaw seconded the motion and it carried with a unanimous vote. Proclamation included in total as Document No. 1. Glenn Johnson, County Attorney, presented to the Board for consideration a resolution requesting the enactment of legislation which will empower Harnett County to levy an occupancy tax in Averasboro Township. After discussion, Commissioner Smith made a motion that the resolution as presented by the County Attorney be approved; Commissioner Hudson seconded the motion and it carried with a unanimous vote. Resolution included in total as Document No. 2. NORTHWEST WATER AND SEWER John Phelps, Public Utilities Attorney, presented to the Board for DISTRICT -- PUBLIC HEARING consideration a resolution authorizing the rescheduling of the public RESCHEDULED hearing of Northwest Water and Sewer District. Commissioner Collins made a motion that the resolution as presented by Attorney Phelps be approved; Commissioner Shaw seconded the motion and it carried with a unanimous vote. Resolution included in total as Document No. 3. BUIES CREEK -COATS WATER & SEWER DISTRICT RESOLUTION REFERENCE CONDEMNATION PROCEEDINGS BUDGET AMENDMENT SOCIAL SERVICES REGION "M" COUNCIL OF GOVERNMENTS -- AGREEMENT TO UPDATE PERSONNEL POLICIES, CLASSIFICATION PLAN, PAY PLAN, AND AFFIRMATIVE ACTION PLAN BUDGET AMENDMENT SPECIAL APPROPRIATIONS BUDGET AMENDMENT REGISTER OF DEEDS Marshall E. Woodall, Attorney for Buies Creek -Coats Water and Sewer District, presented to the Board a resolution involving proposed action for condemnation on extending the Buies Creek -Coats sewer services into the southeastern area of the Town of Coats which has been recently annexed by the Town. After discusion, Commissioner Hudson made a motion that the resolution as presented by Mr. Woodall be approved; Commissioner Smith seconded the motion and it carried with a unanimous vote. Resolution included in total as Document No. 4. Jack Bryan, Director of Social Services, appeared before the Board and requested the Public Assistance Budget, Code 10- 7710 -145, AFDC -EA, be increased by $69,299. Following a discussion, Commissioner Hudson made a motion that the budget amendment as requested by Mr. Bryan be approved; Commissioner Smith seconded the motion and it carried with a unanimous vote. Dallas H. Pope, County Manager, presented to the Board for consideration a service agreement with Region "M" Council of Governments to update the Harnett County Position Classification Plan, Pay Plan, Personnel Ordinance, and Affirmative Action Plan. After discussion, Commissioner Smith moved for the approval of the agreement with Region "M" Council of Governments to update the various personnel ordinances for Harnett County; Commissioner Shaw seconded the motion and it carried with a unanimous vote. Commissioner Smith made a motion that the Special Appropriations Budget, be amended to include Code 10- 8700 -158, Classification Study, with funds appropriated in the amount of $6,848; Commissioner Shaw seconded the motion and it carried with a unanimous vote. Commissioner Smith moved for the approval of a budget amendment to the Register of Deeds Office, as presented by the County Manager, increasing Code 10- 4800 -074, Capital Outlay by $3,950; Commissioner Shaw seconded the motion and it carried with a unanimous vote. 192 BUDGET AMENDMENT AIRPORT BUDGET AMENDMENT PUBLIC UTILITIES HEALTH INSURANCE ;PROGRAM PRESCRIPTION DRUG CARD PLAN IMPLEMENTED ANGIER PLANNING BOARD R. H. ELLINGTON APPOINTED JUNIE TAYLOR APPOINTED REPORT -- FINANCE OFFICE REPORTS -- INSPECTION & AMBULANCE COMMENDATION TO SHERIFF'S DEPARTMENT & AMBULANCE SERVICE SOUTH CENTRAL WATER & SEWER DISTRICT -- RESOLUTION AUTHORIZING EXECUTION OF WATER PURCHASE CONTRACT SOUTH CENTRAL WATER & SEWER DISTRICT -- RESOLUTION AUTHORIZING MANAGEMENT CONTRACT BUDGET AMENDMENT LANDFILL Dallas H. Pope, County Manager, requested an amendment to the Airport Budget, Increasing Code 10- 6500 -013, Utilities, by $1,402, and Decreasing Code 10- 6500 -079, Powerline Relocation, by $1,402. After a discussion, Commissioner Shaw made a motion that the budget amendment as presented by Mr. Pope be approved; Commissioner Hudson seconded the motion and it carried with a unanimous vote. Rodney Tart, Director of Public Utilities, appeared before the Board and requested an amendment to the Public Utilities- -Sewer Budget to cover expenses to purchase laboratory equipment and to repair gear reduction box for sludge conveyer at the Buies Creek Waste Treatment Plant. Following a discussion, Commissioner Hudson made a motion that the Harnett County Public Utilities- -Sewer Budget, be amended as follows: Increase Code 32- 8300 -074, Capital Outlay, by $1,400; Increase Code 32- 8300 -016, Maintenance & Repair - Equipment, by $2,200; Decrease Code 32- 8300 -202, Capital Reserve, by $3,600; Commissioner Collins seconded the motion and it carried with a unanimous vote. Dallas H. Pope, County Manager, informed the Board that the County has discussed with Blue Cross-Blue Shield the option to amend the County's health insurance program to include the Prescription Drug Card Plan. The Prescription Drug Card Plan is a program whereby an employee participating in the County's health insurance program is assigned a card which is presented to the pharmacist when purchasing a prescription and the charge for the prescription will only be $3.00. Mr. Pope stated that he would like for this program to be implemented on a three -month trial basis, effective April 1, 1987, during which time the appropriate data will be complied; and based on the data received, the Commissioners can made a determination on whether or not the program will be continued. Following a discussion, Commissioner Smith made a motion that the County Health Insurance Program be amended temporarily to include the $3.00 Prescription Card;. Commissioner Hudson seconded the motion and it carried with a unanimous vote. Commissioner Collins made a motion that R. H. Ellington, Rt. 2, Angier, NC, and Junie Taylor, Rt. 3, Angier, NC, be appointed to serve on the Angier Planning Board; Commissioner Smith seconded the motion and it carried with a unanimous vote. Vanessa W. Young, Finance Officer, reported on the financial operations of the County through the month of January 31, 1987. Copies of the Inspection and Ambulance Reports were filed with the Board. Dallas H. Pope, County Manager, reported to the Board on the excellent performance of the Harnett County Ambulance Service and the Harnett County Sheriff's Department during the past week of inclement weather. He reported that there was no loss of service by either of these departments, which worked around the clock to assist the citizens of the County during the hazardous weather conditions. Commissioner Smith made a motion that a letter of appreciation be written to the Ambulance Service and the Sheriff's Department commending the supervisors and the staff on their excellent work; Commissioner Hudson seconded the motion and it carried with a unanimous vote. John M. Phelps, Attorney with Public Utilities, presented to the Board for consideration a resolution authorizing the execution of water purchase contract with South Central Water and Sewer District of Harnett County. Following a discussion, Comissioner Smith moved for the approval of the water purchase contract as presented by Mr. Phelps, Commissioner Hudson seconded the motion and it carried with a unanimous vote. Resolution Included in Total as Document No. 5. John M. Phelps, Attorney with Public Utilities, presented to the Board for consideration a resolution authorizing the execution of the management contract with South Central Water and Sewer District of Harnett County. Following a discussion, Commissioner Smith moved for the approval of the management contract; Commissioner Hudson seconded the motion and it carried with a unanimous vote. Resolution Included in Total as Document No. 6. Dallas H. Pope, requested a budget amendment to the Sanitation Landfill Department, increasing Code 10- 6600 -074, Capital Outlay, by $5,400 and decreasing Code 10- 6600 -016, Maintenance & Repair by $5,400, in order to purchase a truck for the Landfill. After discussion, Commissioner Shaw made a motion that the budget amendment as presented by Mr. Pope be approved; Commissioner Collins seconded the motion and it carried with a unanimous vote. 193 MEDICAL INSURANCE PROGRAM REQUEST REFERENCE ADDITIONAL BENEFITS FOR RETIRED EMPLOYEES MEETING ADJOURNED SOUTH CENTRAL WATER & SEWER DISTRICT MEETING CALLED TO ORDER SOUTH CENTRAL WATER & SEWER RESOLUTION AUTHORIZING EXECUTION OF WATER PURCHASE CONTRACT SOUTH CENTRAL WATER & SEWER DISTRICT RESOLUTION AUTHORIZING MANAGEMENT CONTRACT SOUTH CENTRAL WATER & SEWER DISTRICT - -LEGAL SERVICES AGREEMENT SOUTH CENTRAL WATER AND SEWER DISTRICT RESOLUTION APPROVING CONSTRUCTION OF WATER DISTRIBUTION SOUTH CENTRAL WATER & SEWER CONTRACT OF PURCHASE & SALE APPROVED WITH LEES SOUTH CENTRAL WATER & SEWER CONTRACT OF PURCHASE & SALE APPROVED WITH MATTHEWS RESOLUTION REFERENCE CONDEMNATION PROCEEDINGS TO ACQUIRE FAYE MATTHEWS PROPERTY Mr. Pope also reported to the Board that the County's medical insurance program has inplemented the option to cover retired county employees until they reach age 65, at which time under the current policy program they are terminated from the policy. Mr. Pope explained that a request for consideration has been presented for the County to expand the coverage of our current county group medical plan to continue to provide service for retired county employees after they reach age 65. This coverage would be a supplemental plan to meet medical expenses not covered by medicare /medicaid on retired employees after age 65. After discussion, Commissioner Hudson made a motion to table this matter; Commissioner Smith seconded the motion and it carried with a unanimous vote. There being no further business, the Harnett County Board of Commissioners meeting of February 23, 1987, duly adjourned at 9:00 p.m. Chairman Lloyd G. Stewart called to Order at 9:00 p.m. the meeting of the Harnett County Board of Commissioners sitting as the governing body of the South Central Water and Sewer District of Harnett County, based on various notices received by him and the Harnett County Board of Commissioners. Commissioner Shaw moved for the adoption of a resolution, as presented by John M. Phelps, Public Utilities Attorney, authorizing the execution of the water purchase contract with the Northeast Metropolitan Water District of Harnett County and Harnett County; Commissioner Collins seconded the motion and it carried with a unanimous vote. Resolution included in Total as Document No. 7. Commissioner Smith moved for the adoption of a resolution, as presented by Attorney John M. Phelps, authorizing the execution of the management contract with Harnett County; Commissioner Collins seconded the motion and it carried with a unanimous vote. Resolution included in Total as Document No. 8. Commissioner Collins moved for the adoption of the resolution presented by the Public Utilities Attorney authorizing exection of the Legal Services Agreement; Commissioner Shaw seconded the motion and it passed with a unanimous vote. Resolution included in Total as Document No. 9. Commissioner Hudson moved for the adoption of the resolution approving plans for construction of water distribution of the South Central Water and Sewer District of Harnett County; Commissioner Smith seconded the motion and it carried with a unanimous vote. Resolution included in Total as Document Number 10. Commissioner Collins moved for the approval of the contract of purchase and sale between Elmon Lee and wife, Lessie Mae Lee of Harnett County and the South Central Water and Sewer District of Harnett County; Commissioner Shaw seconded the motion and it carried with a unanimous vote. Resolution included in Total as Document No. 11. John M. Phelps, Attorney, presented to the Board for consideration a contract of purchase and sale between Clement H. Matthews, and wife, Faye Matthews, Hazel Matthews, unmarried, and Evelyn Matthews, unmarried. Mr. Phelps explained that the contract had been executed by all the owners with the exception of Mr. Clement Matthews' wife, Faye Matthews, who has refused to sign. Mr. Phelps continued to explain that Clement Matthews and his two sisters- -Hazel and Evelyn Matthews obtained the land through their family and although Mrs. Faye Matthews did not purchase the property herself, she does hold an interest in the property as the wife of Mr. Clement Matthews. He stated that the brother and sisters of the Matthews family were more than willing to execute the Contract of Purchase and Sale and had asked Mrs. Faye Matthews to also sign the contract but she refused. Following a discussion and based on the information received by the Public Utilities Attorney; Commissioner Shaw made a motion that: (1) The County approve the contract of purchase and sale between Clement H. Matthews, Hazel Matthews, and Evelyn Matthews and South Central Water and Sewer District. Contract Included in Total as Document Number 12 (2) Rodney Tart, Public Utilities Director, and John Phelps, Public Utilities Attorney, are authorized to negotiate with Mrs. Faye Matthews, the wife of Mr. Clement Matthews, and (3) if negotiations are not successful, the Board approved a resolution authorizing condemnation to acquire certain property of Faye H. Matthews; Commissioner Smith seconded the motion and it carried with a unanimous vote. Resolution Included in Total as Document Number 13. r 194 SOUTH :CENTRAL WATER & SEWER DISTRICT -- RESOLUTION AMENDING RULES & REGULATIONS MEETING ADJOURNED, DOCUMENT NUMBER 1. ano `WHEREAS, WHEREAS, WHEREAS, WHEREAS, Commissioner Hudson moved for the approval of the resolution amending rules and regulations of the- South'Central Water and Sewer District of Harnett County -- Sections 28 and 29 as presented by Attorney John M. Phelps, II, Commissioner Shaw seconded the motion and it passed:with a unanimous vote. Resolution Included in Total As Document Number 14. There being no further business, the meeting of the Harnett County Board of Commissioners sitting as the Governing Body of the South Central Water and Sewer District of Harnett County duly adjourned at 9:30 p.m. PROCLAMATION * * * September 17, 1987 is the 200th anniversary of the signing of the United States Constitution; and the Constitution, by guaranteeing liberty, promoting opportunity, and evolving to protect the rights of all Americans, has enabled the United States to grow and prosper; and the bicentenary provides an opportunity for Americans to rededicate themselves to the great principles that have laid the foundation for our national strength and prosperity; and Congress has established the Commission on the Bicentennial of the United States Constitution, chaired by Chief Justice Warren L. Burger, to foster among the people of the United States a just appreciation and a clearer understanding of their constitutional heritage; and WHEREAS, the General Assembly has established the North Carolina Commission on the Bicentennial of the United States Constitution, chaired by Lt. Governor Robert B. Jordan, III, to plan and implement a timely celebration of the 200th anniversary of the Constitu }ion; and WHEREAS, the success of the commemoration of the Bicentennial of the Constitution depends on the widespread and enthusiastic involvement of public and private sector groups and organizations to enlarge public understanding and appreciation of the Constitution. NOW, THEREFORE, the Harnett County Commissioners hereby proclaim_ that a Bicentennial Committee of Harnett County is hereby established for the purpose of planning and implementing a meaningful commem- oration of the 200th anniversary of the United States Constitution. This c43 day of Febra�azy, 1987. Lldyd S wart, Chairman Harnet ounty Commissioners 195 DOCUMENT NO. 2 R E S O L U T I O N WHEREAS, the North Carolina General Assembly has heretofore authorized certain local government entities to levy occupancy taxes in locations throughout the State of North Carolina; and WHEREAS, said occupancy taxes so authorized are now being collected by such governmental entities; and WHEREAS, said taxes are being used for various purposes throughout the jurisdiction of those entities imposing same; and WHEREAS, some of the purposes for which such taxes have been heretofore authorized are the development and promotion of travel and tourism, the operation of convention facilities and the main- tenance of historic sites; and WHEREAS, the County of Harnett has been requested to seek the authorization for levy of such a tax within Harnett County, North Carolina; and WHEREAS, the Harnett County Board of Commissioners desires to seek the enactment of legislation which will empower Harnett County to impose such a tax, subject to the conditions herein- after set forth and the provisions of North Carolina law; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Harnett County, North Carolina, that the North Carolina General Assembly shall be and it is hereby requested to enact appropriate legislation authorizing the levying of an occupancy tax within the County of Harnett, after public hearing and vote of the Board of Commissioners, in an amount not to exceed three percent (3%) of the gross receipts from the rental of hotel and motel rooms and similar facilities, the revenue which is derived from said levy to be administered by the County of Harnett in cooperation with a Tourism Development Authority consisting of a Board of Directors of not less than seven (7) members appointed by the Board of County Commissioners, with two (2) such members being recommended by the Executive Committee of the Dunn Area Chamber of Commerce or its successor (and to include one (1) hotel or motel operator from Averasboro Township, North Carolina, and one (1) representative of the travel industry, each of which shall serve a one (1) year term), the Harnett County Manager and the the Harnett County Commissioner representing Averasboro Dunn Area Chamber of Commerce President and the Township, Vice - President of Economic and Industrial Development for the Dunn Area Chamber of Commerce, and the City Manager of the Town of Dunn, the funds thereby derived to be expended for the develop- ment, promotion and advertisement of travel and tourism; ownership, operation and maintenance of convention facilities; and development, operation and maintenance of museums and historic sites throughout Harnett County, with sleeping accommoda- tions provided by charitable, educational or religious institutions or organizations that are nonprofit and accommoda- tions located outside of Averasboro Township being exempt from said levy. This 23 day of February, 1987. HARNETT COUNTY BOARD OF COMMISSIONERS 196 DOCUMENT NUMBER 3. RESOLUTION - AUTHORIZING RESCHEDULING OF PUBLIC HEARING CONCERNING CREATION OF THE NORTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY WHEREAS, the Harnett County Board of Commissioners (hereinafter the "Board ") 'by resolution adopted on January 5, 1987, resolved that a public hearing be held pursuant to N.C. Gen. Stat. 1 162A -86 et. seq. to consider creation of the Northwest Water and Sewer District of Harnett County; and WHEREAS, the Board further resolved that the said Public Hearing should be held on Monday, 'February 16, 1987 and directed the appropriate representative of the County to take the necessary actions to hold the Public Hearing; and - WHEREAS, the Attorney for the County Department of Public Utilities caused the appropriate actions to take place to notice and advertise the Public Hearing and the said Public Hearing was scheduled as directed by the Board; and WHEREAS, on Monday, February 16, 1987, the weather conditions were of such a severe nature that the Public Hearing was cancelled; and WHEREAS, the Board desires to reschedule the said Public Hearing and further desires that the appropriate actions be taken to notice the said hearing as provided by law. NOW THEREFORE,- BE IT RESOLVED BY ` THE HARNETT COUNTY BOARD OF COMMISSIONERS THAT 1. A public hearing be held pursuant .to N.C. Gen. Stat. 1162A- 86 et. seq. on Monday, March 23, 1987 at 7:00 O'clock P.M. in the County. Office Building, Llllington, North Carolina to consider creation of the Northwest Water and Sewer District of Harnett County. 2. The County, and its officers, agents and attorneys are hereby directed to take such actions of whatsoever nature and execute such documents as necessary to hold the public hearing herein described. Duly adopted this 23rd day of February, 1987, upon motion made by Commissioner Collins .. seconded by Commissioner Shaw and passed by the following vote: Ayes 5 Noes ATTEST: Vanessa W. Youn Cl e(rk 0 Absent 0 Abstained 0 HARNETT COUNTY BOARD OF COMMISSIONERS BY: L'.y. Stewart, Chairman 197 DOCUMENT NUMBER 4. RESOLUTION WHEREAS, the Harnett County Board of Commissioners acting as the governing body of the Buies Creek -Coats Water and Sewer District and the Harnett County Board of Commissioners acting as the governing body of the County of Harnett and operating through the Harnett County Public Utilities Department has made decision to extend the sewer collection services into the southeastern area of the Town of Coats which has been recently annexed by the Town of Coate; and WHEREAS, the extension of said sewer lines into said area will furnish sewer services to the Town of Coats Recreational Park facility and the current residents and potential residents of the Hunter's Run Subdivision and other lands potentially subject to development into residential subdivision; and WHEREAS, the Board of Commissioners for the Town of Coats, North Carolina has requested the Harnett County Board of Commissioners to locate a sewer pumping station to serve said area in the extreme low area along Stewart's Creek, which location will serve the entire surrounding basin and is in the best interest for the long range planning of that area of the Town of Coats and the surrounding abutting areas; and WHEREAS, to so extend the sewer services with the pumping station as mentioned aforesaid will require the extension of an outfall line across the lands owned by J. L. Stone, Velton Lee Stone, Delores R. Stone, Jimmy Wade Stone, Loretta W. Stone, Donnie Allen Stone and Wilma C. Stone, who have failed and refused to accept the offer of payment for a right of way across said lands at the present time; and WHEREAS, it is in the best interest of the Harnett County Public Utility Department and the Buies Creek -Coats Water and Sewer District and the proper planning for the entire area mentioned aforesaid to cause the sewer pumping station to be located as mentioned aforesaid which will necessitate the crossing of the aforesaid lands owned by Stone; and WHEREAS, for the beat interest of the service to the people of the area, the County of Harnett should exercise its power of eminent domain as provided by Chapter 40A of the General Statutes of North Carolina to condemn the necessary right of way across the lands owned by Stone. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: First: That Dallas H. Pope, Harnett County Manager, be and he is hereby authorized to give notice of the intention of the County of Harnett to institute an action to condemn a permanent and construction right of way for an outfall sewer line across the lands of the Stones as aforesaid all as provided by Article 3 of Chapter 40A of the General Statutes of North Carolina, said easement right of way to be in accordance with plans and specifications prepared by the County of Harnett's consulting engineer, Black 6 Veatch, Inc. Second: That Attorney E. Marshall Woodall be and he is hereby authorized to prepare the necessary notice of the intent of the County of Harnett to exercise its power of eminent domain as mentioned aforesaid to the Stones. Third: That the officials of the County of Harnett be and they are hereby fully authorized to do and perform each and every act necessary to carry out the intent of this resolution. Duly adopted this the e .A.6 day of February, 1987. HARNETT COUNTY BOARD OF'COMMISSIONERS Attest: By: d G. Stewa" rt, Chairman 198 y DOCUMENT NO. 5 RESOLUTION AUTHORIZING EXECUTION OF WATER PURCHASE CONTRACT WITH SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY WHEREAS, the Harnett County Board of Commissioners, has examined the Water Purchase Contract between the Northeast Metropolitan Water District of Harnett County, the County of Harnett (hereinafter "County) and the South Central Water and Sewer District of Harnett County (hereinafter "District "), attached hereto as Exhibit "A "; and WHEREAS, the County, as lessee and operator of the water production and water supply distribution systems described in said Water Purchase Contract desires to enter into said contract as provided; NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that: 1. Harnett County is hereby authorized to and shall enter into the Water Purchase Contract attached hereto as Exhibit "A ". 2. Harnett County and its officers and agents are hereby directed to execute said Water Purchase Contract. Duly adopted by Commissioner Bill Shaw Ayes 5 ATTEST: Oten.c.a,a-aJ this 23rd day of February, 1987, upon motion made Rudy Collins , seconded by Commissioner and passed by the following vote: Noes 0 Vanessa W. Young ,/ICler Absent 0 BY: Abstained 0 HARNETT COUNTY BOARD OF COMMISSIONERS LI Ch /b Ann- d Stewart rman 199 N .W OFFICES OF MOROAN. (RYAN. JONES. A JOHNSON !'HENRYS AT LAW DONN. N. O. AND LLINOTON. N. C. EXHIBIT "A" NORTH CAROLINA HARNETT COUNTY WATER PURCHASE CONTRACT This Contract for the sale and purchase of water is entered into as of the day of February, 1987, between the Northeast Metropolitan Water District of Harnett County (hereinafter "Northeast Metro "), and theCounty of Harnett (hereinafter "County "), said Northeast Metro and County shall be collectively referred to herein as "Seller" and the South Central Water and Sewer District of Harnett County, (hereinafter "Purchaser ") W I T N E S S E T H: THATWHEREAS, the Purchaser is aCounty Water and Sewer District, duly organized and existing pursuant to the provisions of Article 6, Chapter 162A of the North Carolina General Statutes and by that certain Resolution dated March 13, 1985 and adopted by the Harnett County Board of Commissioners entitled "Resolution Creating the South Central Water and Sewer District of Harnett County "; and WHEREAS, Northeast Metro is a metropolitan water district organized and existing under the laws of the State of North Carolina; and WHEREAS, County is a body politic organized and existing under the laws of the State of North Carolina; and WHEREAS, the Purchaser is organized and established for the purpose of constructing and operating a water supply distribution system serving water users within the area described in plans now on file in the Office of the Purchaser and to accomplish this purpose, the Purchaser will require a supply of treated water; and WHEREAS, Northeast Metro owns a water production system and a water supply distribution system, and County is operator thereof under that certain Lease dated May 30, 1980, entered into between Northeast Metro and County; and WHEREAS, the water production system and water supply distribution system of Seller (Northeast Metro and County as described above) has a capacity currently capable of serving the present customers of the Seller's system and the estimated number of water users to be served by the said Purchaser as shown in the plans of the system now on file in the Office of the Purchaser; and 200 Law OFFICES OF MORGAN. ➢RYAN, JONES. h JOHNSON ORNEYR AT LAW DUNN, N. G. AND LI !AS(ITON. N. O. • WHEREAS, by Resolution entitled "Resolution Authorizing Execution of Water Purchase Contract with the South Central Water and Sewer District of Harnett County, duly adopted by the District Board of the Northeast Metropolitan Water District of Harnett County at its meeting on February 10, 1987, the sale of said water to the Purchaser as provided herein was approved, and the execution of this contract by Northeast Metro was duly authorized; and WHEREAS, by Resolution entitled "Resolution Authorizing Execution of Water Purchase Contract with the South Central Water and Sewer District of Harnett County ", duly adopted by the Harnett County Board of Commissioners at its meeting on February 1987, the sale of said water to the Purchaser as provided herein was approved, and the execution of this contract by County was duly authorized; and WHEREAS, by Resolution entitled "Resolution Authorizing Execution of Water Purchase Contract with the Northeast Metropolitan Water District of Harnett County and the County of Harnett" duly adopted by the Harnett County Board of Commiss ioners, sitting as the governing body of the South Central Water and Sewer District of. Harnett County at its meeting on February 1987, the purchase of said water from the Seller as provided herein was approved, and execution of this contract by Purchaser was duly authorized; NOW THEREFORE, in consideration of the foregoing and the mutual agreements hereinafter set forth, A. THE SELLER AGREES: 1. (Quality and Quantity) To furnish the Purchaser at point of delivery hereinafter specified, during the term of this contract or any renewal or extension thereof, potable treated water meeting applicable purity standards of the Division of Health Services, Department of Human Resources of the State of North Carolina, in such quantity as may be required by the Purchaser not to exceed twenty -two million, 'five hundred thousand (22,500,000) gallons per month. 2 (Point of Delivery and Pressure) That water will be furnished at a reasonably constant pressure calculated at fifty (50) pounds per square inch from an existing twenty (20) inch main the the LAW OFFICES OF MORGAN, DRYAN, JONES. s JOHNSON JTTORNEYS AT LAW DONN, N . O. AND LILLINOTON. N. O. B. THE PURCHASER AGREES: 1. (Rates and Payment Date) To pay the Seller, not later than the tenth (10) day of each month, for water delivered in accordance withuthe following schedule of rates: a. Six thousand sixty ($6,060) dollars for the first six (6) million gallons, which amount shall also be the minimum rate per month. b. One dollar and one cent ($1.01) per one thousand (1000) gallons for water in excess of six (6) million gallons. c. It is agreed that the minimum rate per month as stated in (a) above shall not be applicable until six (6) months after the last notices for connection have been mailed to potential water customers of the Purchaser in Phase 1 of the Purchaser's water distribution system plans by the Harnett County Department of Public Utilities; and up to said time the minimum rate per month becomes applicable, Purchaser shall pay only for such water as is deliverd to Purchaser at the rate of $1.01 (one dollar and one cent) per 1000 (one thousand) gallons. 2. (Connection Fee) To pay as an agreed cost, a connection fee to connect the Seller's system with the system of the Purchaser, a sum equal to the amount of the cost of the installation of the meter, meter vault and related appurtenances and the cost of the laying and installation of the necessary pipeline or pipelines to connect the system of the Seller to the system of the Purchaser at the boundaries of the South Central Water and Sewer District. 3. (Maintenance of Certain Lines) To maintain all water distribution pipelines within the Northeast Metropolitan Water District which connect the Seller's system to the system of the Purchaser, said line or lines being located between the meter facility (described in paragraph A(3) above) and the boundary of the South Central Water and Sewer District. C. It is further mutually agreed between the Seller and the Purchaser as follows: 1. (Term of Contract) That this contract shall extend for a term of forty (40) years from the date of the initial delivery of any water as shown by the first bill submitted by the Seller to the Purchaser and, thereafter may be renewed or extended for such term, or terms, as may be agreed upon by the Seller and Purchaser. LAW OFFICES OF MORGAN, BRYAN, JONES. A JOHNSON ATTORNEYS AT LAW DUNN.N. C. AND LILLINOTON, N. C. 2. (Delivery of Water) That thirty (30) days prior to the estimated date of completion of construction of the Purchaser's water supply distribution system, the Purchaser will notify the Seller in writing the date for the initial delivery of water.. 3. (Water -for Testing) When requested by the Purchaser the Seller will make available to the contractor at the point of delivery, or other point reasonably close thereto, water sufficient for testing, flushing, and trench filling the system of the Purchaser during construction, irrespective of whether the metering equipment has been installed at that time, at a flat charge of one dollar and one cent ($1.01) per one thousand (1000) gallons which will be paid by the contractor or, on his failure to pay, by the Purchaser. 4. (Failure to Deliver) That the Seller will, at all times, operate and maintain its system in an efficient manner and will take such action as may be necessary to furnish the Purchaser with quantities of water required by the Purchaser. - Temporary or partial. failures to deliver water shall be remedied with all possible dispatch. In the event of an extended shortage of water, or the supply of water available to the Seller is otherwise diminished over an extended period of time, the supply of water to Purchaser's consumers shall be reduced or diminished in the same ratio or proportion as the supply to Seller's consumers is reduced or`dimished. 5: (Modification of Contract) That the provisions of this contract pertaining to the schedule of rates to be paid by the Purchaser for water delivered are subject to- modification at the end of every one (1) year period. Any increase or decrease in rates shall be based on a demonstrable increase or decrease in the costs of performance hereunder, but such costs shall not include increased capitalization of the Seller's water distribution system, but may include increased capitalization of the Seller's water production facility system. Other provisions of this contract may be modified or altered by mutual agreement. 6. (Regulatory Agencies) That this contract is subject to such rules, regulations, or laws as may be applicable to similar agreements in this State and the Seller and Purchaser will collaborate in obtaining such permits, certificates, or the like, as may be required to comply therewith.' 233 LA V OFFICES OF MOROAN. BRYAN. JONES. a JONNSON ATTORNEYS AT LAW DUNN. N. O. AND LILLINOTON. N. C. supply at a point located five hundred (500) feet southeast of the Northeast Metropolitan Water District Plant within a waterline easement owned by Purchaser adjacent to the right of way of the Norfolk & Southern Railroad and near the intersection thereof with Duncan Street, Lillington, Harnett County, North Carolina. If a greater pressure than that normally available at the point of delivery is required by the Purchaser, the cost of providing such greater pressure shall be borne by the Purchaser. Emergency failures of pressure or supply due to main supply line breaks, power failure, flood, fire and use of water to fight fire, earthquake or other catastrophe shall excuse the Seller from this provision for such reasonable period of time as may be necessary to restore service. 3. (Metering Equipment) To furnish, install, operate, and maintain at its own expense at point of delivery, the necessary metering equipment, including a meter house or pit, and required devices of standard type for properly measuring the quantity of water delivered to the Purchaser and to calibrate such metering equipment whenever requested by the Purchaser but notmore frequently than once every twelve (12) months. A meter registering not more than two percent (2 %) above or below the test result shall be deemed to be accurate. The previous readings of any meter disclosed by test to be inaccurate shall be corrected for the three (3) months previous to such test in accordance with the percentage of inaccuracy found by such tests. If any meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water delivered in the corredsponding period immediately prior to the failure, unless Seller and Purchaser shall agree upon a different amount. The metering equipment shall be read on the first day of each month. An appropriate official of the Purchaser at all reasonable times shall have access to the meter for the purpose of verifying its readings. 4. (Billing Procedure) To furnish the Purchaser not later than the fifth (5) day of each month, with an itemized statement of the amount of water furnished the Purchaser during the preceding month. -3- 204 LAW OFFICES OF MORGAN, BRYAN, JONES, Q JOHNSON ATTORNEYS AT LAW DONN. N. C. AND LILLINOTON, N. C. 7. (Miscellaneous) That the construction of the water supply distribution system by the Purchaser is being financed by a loan made or insured by, and /or a grant from, the United States of America, acting through the Farmers Home Administration of the United States Department of Agriculture, and the provisions hereof pertaining to the undertakings of the Purchaser, are conditioned upon the approval, in writing, of the State Director of the Farmers Home Administration. 8. (Successor to the Purchaser) That in the -event of any occurence rendering the Purchaser incapable of performing under this contract, any successor of the Purchaser, whether the result of legal process, assignment, or otherwise, shall succeed to the rights of the Purchaser hereunder. In witness whereof, the parties hereto, acting under authority of their respective governing bodies; have caused this contract to be duly executed in triple counterparts, each of which shall constitute an original. At est: Vanessa W. Young, (SEAL) Attsst: 41- 0,--2a a.ecJ Vanessa W. Young, Cl.rk r (SEAL) BY: BY: NORTHEAST METROPOLITAN WATER DISTRICT OF HARNETT COUNTY Charles V. Sikes Chairman of the District COUNTY OF HARNETT Lloyd Stewart, Chairman Harnett County Board of Commissioners Board DOCUMENT NO. 6 RESOLUTION AUTHORIZING EXECUTION OF MANAGEMENT CONTRACT WITH SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY WHEREAS, the Harnett County Board of Commissioners, has examined the Management Contract between the County of Harnett (hereinafter "County) and the South Central Water and Sewer District of Harnett County (hereinafter "District "), attached hereto as Exhibit "A "; and WHEREAS, the County desires to enter into said contract as provided; NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that: 1. Harnett County is hereby authorized to and shall enter into the Management Contract attached hereto as Exhibit "A ". 2. Harnett County and its officers and agents are hereby directed to execute said Management Contract. Duly adopted this 23rd day of February, 1987, upon motion made by Commissioner Shaw , seconded by Commissioner Collins and passed by the following vote: Ayes 5 ATTEST: Noes 0 Absent 0 Abstained 0 Vanessa W. Young /JCle BY: HARNETT COUNTY BOARD OF COMMISSIONERS yd Stewart, Chairman 9 THIS CONTRACT, made and entered into this the day of February, 1987, by and between THE COUNTY OF HARNETT, a body politic organized and existing under the laws of the State of North Carolina (hereinafter called "County "); and THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, a municipal corporation organized and existing pursuant to the provisions of Article 6, Chapter 162A of the North Carolina General Statutes ( hereinafter called "District"); W I T N E S S E T H: THAT WHEREAS, the County is lessee and operator of a water production system and a water supply distribution system owned by the Northeast Metropolitan Water District of Harnett County; and WHEREAS, County as lessee of said systems has created a Public Utility Department which conducts the operation of said systems; and WHEREAS, the District was organized and established for the purpose of constructing and operating a water supply distribution system to serve water users within the District as described in plans now on file in the Office of the District; and WHEREAS, the water supply distribution system of the District will be constructed_ with the use of State Grant funds; and WHEREAS, -the Farmers Home Administration of the United States Department of Agriculture has made certain grant funds available to the District and has agreed to loan the District sufficient funds to enable the District to finance the construction of said water supply distribution system; and WHEREAS, The County's Public Utility Department is fully capable o conduct the operation and management of the water supply distribution system of the District; WHEREAS, the County and the Distri -ct have agreed this contract for the operation, and management of the water supply distribution system of the District as a County operated system on a continuing basis and especially for and during the period of the existence of the theFarmers Home Administration loan to the District„ LAW OFFICES OF MOROAN, BRYAN, JONES, a JOHNSON A rrORNEYS AT LAW. DUNN, N. O. AND LLINOTON, N. C. to enter into J.0 "1 OFFICES OF MOROAN, TAN, JONES. • JOHNSON A . RNRTS AT LAW DONN. N. O. AND LI INOTON. N. C. NOW, THEREFORE, the parties do contract and agree each with the other as follows: 1. That the District's water distribution supply system referred to above shall be operated and managed by the County's Public Utility Department as a County operated water distribution system on a continuing basis and especially for a period beginning as of the execution of this contract and extending until that certain loan referred to above made by the Farmers Home Administration to the District has been paid in full, being a period of at least forty (40) years. 2. That the Harnett County Board of Commissioners, sitting in the capacity as the County and as the governing body of the District, shall establish and set the rates of charges for the purchase of water and for such other fees, charges, and penalties as required for the operation of the water distribution system, with proper cost accounting procedures to appropriately reflect the cost of these facilities operated by the County Public Utility Department relative to the operation of other utility enterprises which are or may be carried on by theCounty Public Utility Department. Further, the Harnett County Board of Commissioners, in the capacities stated above, shall charge such rates for the users of said water distribution system as will appropriately yield sufficient funds to meet operation and maintenance expenses and to pay and retire the long term debt of the Farmers Home Administration to the District. 3. This contract shall be a continuing contract relative to the furnishing of the essential water utility services for the people of the District and this contract shall exist and continue until the District and the County shall mutually modify or terminate this contractual arrangement. 4. That the Harnett County Board of Commissioners agrees to create an Advisory Council to lend assistance with input and advice as to the operation and maintenance of the aforesaid water distribution system by the Harnett County Board of Commissioners as the governing body of said District. -2- - 1111-a4--- 11e -Covfi y`- -s -hi4 he -- LAW BR TTO D • FFICRB. OF ORGAN. AN. JONES. a /MOON BYB AT LAW NMI./ . O. AND OTON. N. C. funded the construction of any water line to be connected to the District's system as an extension within or without the boundaries of the District for the purpose of serving needy users with water utility services as the same shall be determined by the Harnett County Board of Commissioners and that the rates chargeable to such persons (users) shall be equitably set to properly reflect cost of operations and maintenance of water production and supply and further that in the event it shall become necessary for the District to levy a tax for the purpose of funding bonded indebtedness of the District then in-such event such rates of any person (user) outside the boundaries of the District shall be charged a greater user fee (rate) as will be equivalent to such needed property tax as may be levied; provided, if a tax levy is made, then such user charge for out -of- district users shall not be less than 150% of the user charge of users of the District. It is understood and agreed that the District shall have no obligation to extend its water lines outside of the District's boundaries. 6. That the County will manage and operate the water supply distribution system on an annual budget with the setting of rates on an annual basis as approved by the District's governing body with proper input and advice from the Advisory Council, which budget shall provide and set forth the handling of the funds such that a reserve fund, depreciation fund, debt payment fund, and surplus fund for the District shall be distinguishable, and further that the County shall maintain a system of accounts for the County Utility Department which will appropriately account for the various operations of the Utility Department, specifically so that all costs relative to the operation of the water supply distribution system will be separately stated; the County shall further maintain insurance and bonds as required by state law and that the County shall properly contract with a certified public accountant for annual audits of the Utility Department and that further the County shall comply with all federal, state and local laws and regulations relative to the operation of the water supply distribution system. 299 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as authorized by the Harnett County Board of Commissioners sitting as the governing body of the County and the District, all the day and year first above written. Attest: ,Q _ Vanessa W. Attest: dCtr e a,�a .1 KI Aft - Lye} Vanessa W. Young,/ler Young, E er $IOW OFFICES OF MOROAN. BRYAN. JONES. JOHNSON AYTORNBYB AT LAW DONN. N. O. AND VLLINOTON. N. O. By: By: -4- THE COUNTY OF HARNETT Lloy Stewart, Chairman Harnett County Board of Commissioners SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY Loy tewart, Chairman Harnett County,Board of Commissioners, sitting as the governing body of the South Central Water and Sewer District of Harnett County 210 DOCUMENT NUMBER 7. RESOLUTION AUTHORIZING EXECUTION OF WATER PURCHASE CONTRACT WITH. THE NORTHEAST METROPOLITAN WATER DISTRICT OF HARNETT COUNTY AND HARNETT COUNTY WHEREAS, the Harnett County Board of Commissioners, sitting as the. governing body of the South Central Water and Sewer District of' Harnett County (hereinafter "District "), has examined the Water Purchase Contract between the Northeast Metropolitan Water District of Harnett County, the County of Harnett (hereinafter "County) and the'District, attached hereto as Exhibit "A "; and WHEREAS, District is in need of treated water for its customers as fully described in said Water Purchase Contract and desires to enter into said contract as provided; NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners, sitting as the governing body of the South Central Water and Sewer District of Harnett County, that 1. South Central Water and Sewer District of Harnett County is hereby authorized to and shall enter into the Water Purchase Contraet attached hereto as Exhibit "A ". 2. The South Central Water and Sewer District of Harnett County and its officers and agents are hereby directed to execute said Water Purchase Contract. Duly adopted this 23rd day of February, 1987, upon motion made by Commissioner Bill Shaw seconded by Commissioner Rudy Collins and passed by the following vote: Ayes 5 Noes 0-' Absent 0 Abstained ATTEST:., fiat bu• st. A 11 Is ViUlrtw "rj ��, �ullil,�rii HARNETT COUNTY BOARD OF COMMISSIONERS, sitting as the governing body of -the SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY BY: loju Stewart Cha rman 211 LAW OFFICES OP MORGAN. BRYAN. JONES. e JOHNSON TTORNRYS AT LAW DONN. N. O. AND LILLINOTON. N. O. EXHIBIT "A" NORTH CAROLINA HARNETT COUNTY WATER PURCHASE CONTRACT This Contract for the sale and purchase of water is entered Into as of the day of February, 1987, between the Northeast Metropolitan Water District of Harnett County (hereinafter "Northeast Metro "), and theCounty of Harnett (hereinafter "County "), said Northeast Metro and County shall be collectively referred to herein as "Seller" and the South Central Water and Sewer District of Harnett County, (hereinafter "Purchaser ") W 1 T N E S S E T H: THATWHEREAS, the Purchaser is aCounty Water and Sewer District, duly organized and existing pursuant to the provisions of Article 6, Chapter 162A of the North Carolina General Statutes and by that certain Resolution dated March 13, 1985 and adopted by the Harnett County Board of Commissioners entitled "Resolution Creating the South Central Water and Sewer District of Harnett County "; and WHEREAS, Northeast Metro is a metropolitan water district organized and existing under the laws of the State of North Carolina; and WHEREAS, County is a body politic organized and existing under the laws of the State of North Carolina; and WHEREAS, the Purchaser is organized and established for the purpose of constructing and operating a water supply distribution system serving water users within the area described in plans now on file in the Office of the Purchaser and to accomplish this purpose, the Purchaser will require a supply of treated water; and WHEREAS,, Northeast Metro owns a water production system and a water supply distribution system, and County is operator thereof under that certain Lease dated May 30, 1980, entered into between Northeast Metro and County; and WHEREAS, the water production system and water supply distribution system of Seller (Northeast Metro and County as described above) has a capacity currently capable of serving the present customers of the Seller's system and the estimated number of water users to be served by the said Purchaser as shown in the plans of the system now on file in the Office of the Purchaser; and ?12 LA '1R W OFFICES OF MORGAN. RYAN. JONES. w JOHNSON ORNRYS AT LAW DUNN.N. C. AND !LINUTON. N. O. WHEREAS, by Resolution entitled "Resolution Authorizing Execution of Water Purchase Contract with the South Central Water and Sewer District of Harnett County, duly adopted by the District Board of the Northeast Metropolitan Water District of Harnett County at its meeting on February 10, 1987, the sale of said water to the Purchaser as provided herein was approved, and the execution of this contract by Northeast Metro was duly authorized; and WHEREAS, by Resolution entitled "Resolution Authorizing Execution of Water Purchase Contract with the South Central Water and Sewer District of Harnett County ", duly adopted by the Harnett County Board of Commissioners at its meeting on February , 1987, the sale of said water to the Purchaser as provided herein was approved, and the execution of this - contract by County was duly authorized; and WHEREAS, by Resolution entitled "Resolution Authorizing Execution of Water Purchase Contract with the Northeast Metropolitan Water District of Harnett County and .the County of Harnett" duly adopted by the Harnett- County Board of Commissioners, sitting as the governing body of the South Central Water and Sewer District of. Harnett County at its meeting on February _, 1987, the purchase of said water from the Seller as provided herein was approved, and the execution of this contract by Purchaser was duly authorized; NOW THEREFORE, in consideration of the foregoing and the mutual agreements hereinafter set forth, A. THE SELLER AGREES: 1. (Quality and Quantity) To. furnish the Purchaser at the point of delivery hereinafter specified; during the term of this contract or any renewal or extension thereof, potable treated -water meeting applicable purity standards of the Division of Health Services, Department of Human Resources of the State of North Carolina, in such quantity as may be required by the Purchaser not to exceed twenty -two million, five hundred thousand (22,500,000) gallons per month. 2. (Point of Delivery and Pressure) -That water will be furnished at a reasonably constant pressure calculated at fifty (50) pounds per square inch from an existing twenty (20) inch main 213 LAW OPPiCHR OF 140 ROAN, HRYAM. JONES. s or NOON ATIORNEIre AT LAW DONN. N. O. AND LILLINO'I'ON. N. O. supply at a point located five hundred (500) feet southeast of the Northeast Metropolitan Water District Plant within a waterline easement owned by Purchaser adjacent to the right of way of the Norfolk & Southern Railroad and near the intersection thereof with Duncan Street, Lillington, Harnett County, North Carolina. If a greater pressure than that normally available at the point of delivery is required by the Purchaser, the cost of providing such greater pressure shall be borne by the Purchaser. Emergency failures of pressure or supply due to main supply line breaks, power failure, flood, fire and use of water to fight fire, earthquake or other catastrophe shall excuse the Seller from this provision for such reasonable period of time as may be necessary to restore service. 3. (Metering Equipment) To furnish, install, operate, and maintain at its own expense at point of delivery, the necessary metering equipment, including a meter house or pit, and required devices of standard type for properly measuring the quantity of water delivered to the Purchaser and to calibrate such metering equipment whenever requested by the Purchaser but not more frequently than once every twelve (12) months. A meter registering not more than two percent (2 %) above or below the test result shall be deemed to be accurate. The previous readings of any meter disclosed by test to be inaccurate shall be corrected for the three (3) months previous to such test in accordance with the percentage of inaccuracy found by such tests. If any meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water delivered in the corredsponding period immediately prior to the failure, unless Seller and Purchaser shall agree upon a different amount. The metering equipment shall be read on the first day of each month. An appropriate official of the Purchaser at all reasonable times shall have access to the meter for the purpose of verifying its readings. 4. (Billing Procedure) To furnish the Purchaser not later than the fifth (5) day of each month, with an itemized statement of the amount of water furnished the Purchaser during the preceding month. -3- ?14 A W OFFICES OF 140110 AN, RYAN, JONES,, Re JOHNSON ORNRYH AT LAW DUNN. N. C. AND LLINOTON, N. C. B. THE PURCHASER AGREES: 1. (Rates and Payment Date) To pay the Seller, not later than the tenth (10) day of each month, for water delivered in accordance with•the following schedule of rates:. a. Six thousand sixty ($6,060) dollars for the first six (6) million gallons, which amount shall also be the minimum rate per month. b. One dollar and one cent ($1.01) per one thousand (1000) gallons for water in excess. of six (6) million gallons. c. It is agreed that the minimum rate per month as stated in (a) above shall not be applicable until six (6) months after the last notices for connection have been mailed to potential water customers of the Purchaser in Phase 1 of the Purchaser's water distribution system plans by the Harnett County Department of Public Utilities;. and up to said time the minimum rate per month becomes applicable, Purchaser shall pay only for such water as is deliverd to Purchaser at the rate of $1,01 (one dollar and one cent) per 1000 (one, thousand) gallons. 2. (Connection Fee) To pay as an agreed cost, a connection fee to connect the Seller's system with the system of the Purchaser, a sum equal to the amount of the cost of the installation of the meter, meter vault and related appurtenances and the cost of the laying and installation of the necessary pipeline or pipelines to connect the system of the Seller to the system of the Purchaser at the boundaries of the South Central Water and Sewer District, 3. '(Maintenance of Certain Lines) To maintain all water distribution pipelines within the Northeast Metropolitan Water District which connect the Seller's system to the system of the Purchaser, said line or -lines being located between the meter facility (described in paragraph A(3) above) and the boundary of the South Central Water and Sewer District. C. It is further mutually agreed between the Seller and the Purchaser as follows: 1. (Term of Contract) That this contract shall extend for a term of forty (40) years front the date .of the initial delivery of any water as shown by the first bill submitted by the Seller to the Purchaser and, thereafter may be renewed or extended for such term, or terms, as may be agreed upon by the Seller and Purchaser. 215 NOTE: Clerical Error for Page 5 of the Contract - -See Page 216 of the Minute Docket LAW PFICRB OF MOROAN, BRYAN. JON ?. • JO MOWN AnOR CRYB AT LAW DUNN, N. O. AND LILI.INOTON, N. C. 7. (Miscellaneous) That the construction of the water supply distribution system by the Purchaser is being financed by a loan made or Insured by, and /or a grant from, the United States of America, acting through the Farmers Home Administration of the United States Department of Agriculture, and the provisions hereof pertaining to the undertakings of the Purchaser are conditioned upon the approval, in writing, of the State Director of the Farmers Home Administration. 8. (Successor to the Purchaser) That in the event of any occurence rendering the Purchaser incapable of performing under this contract, any successor of the Purchaser, whether the result of legal process, assignment, or otherwise, shall succeed to the rights of the Purchaser hereunder. In witness whereof, the parties hereto, acting under authority of their respective governing bodies, have caused this contract to be duly executed in triple counterparts, each of which shall constitute an original. Attpst: / Vanessa W. Young( Cler (SEAL) Attest: l �iw1.Q il_J -� lun - - rk 6 Vanessa W. Young, ark (SEAL) BY: BY: -6- NORTHEAST METROPOLITAN WATER DISTRICT OF HARNETT COUNTY Charles V. Sikes Chairman of the District Board COUNTY OF HARNETT / I / r Ll.yq Stewart, Chairman Harnett County Board of Commissioners AliwaJ 216 LA H A LI W OFFICES 011' MORGAN, YAN, JONES. IN TT RNEYS AT LAW CNN, N. C. AND °TON. N. 0. 2. (Delivery. of Water) That thirty (30) days prior to the estimated date of completion of construction of the Purchaser's; water supply distribution system, the Purchaser will notify the Seller in writing the date for the initial delivery of water. 3. (Water for Testing) When requested by the Purchaser the Seller will make available to the contractor at the point of delivery, or other point reasonably close thereto, water sufficient for testing, flushing, and trench filling the system of the Purchaser during construction, irrespective of whether the metering equipment has been installed at that time, at a flat charge of one dollar and one cent ($1,01) per one thousand (1000) gallons which will be paid by the contractor or, on his failure to pay, by the Purchaser. 4. (Failure to Deliver) That the Seller will, at all times, operate and maintain its system in an efficient manner and will take such action as may be necessary to furnish with quantities of water required by the Purchaser. partial failures to deliver water shall be remedied with all possible dispatch. In the event of an extended shortage of water, or the supply of water available to the Seller is otherwise diminished over an extended period of time, the supply of water to Purchaser's consumers shall be reduced or diminished in the same ratio or proportion as the supply to Seller's consumers is reduced or dimished. 5. (Modification of Contract) That the provisions of this contract pertaining to the schedule of rates to be paid by the Purchaser for water delivered are subject to modification at the end of every one (1) year period. Any increase. or decrease in rates shall be based on a demonstrable increase or decrease in the costs the Purchaser Temporary or of performance hereunder, but such costs shall not include increased capitalization of the Seller's water distribution system, but may include increased capitalization of the Seller's water production facility system. Other provisions of this contract may be modified or altered by mutual agreement. 6. (Regulatory Agencies) That this contract is subject to such rules, regulations, or laws as may be applicable to similar agreements in this State and the Seller and Purchaser will collaborate in obtaining such permits, certificates, or the like, as may be required to comply therewith. s 217 DOCUMENT NUMBER 8. RESOLUTION AUTHORIZING EXECUTION OF MANAGEMENT CONTRACT WITH HARNETT COUNTY WHEREAS, the Harnett County Board of Commissioners, sitting as the governing body of the South Central Water and Sewer District of Harnett County (hereinafter "District "), has examined the Management Contract between the County of Harnett (hereinafter "County) and the District, attached hereto as Exhibit "A "; and WHEREAS, District desires to enter into said contract as provided; NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners, sitting as the governing body of the South Central Water and Sewer District of Harnett County, that: 1. South Central Water and Sewer District of Harnett County is hereby authorized to and shall enter into the Management Contract attached hereto as Exhibit "A ". 2. The South Central Water and Sewer District of Harnett County and its officers and agents are hereby directed to execute said Management Contract. Duly adopted this 23rd day of February, 1987, upon motion made by Commissioner Mayo Smith , seconded by Commissioner Rudy Collins and passed by the following vote: Ayes 5 ATTEST: Noes 0 Absent 0 Abstained 0 UQ.wuaA Q/ Vanessa W. oung Cler HARNETT COUNTY BOARD OF COMMISSIONERS, sitting as the governing body of the SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY BY: ...4.a gee 1 Llo;. tewart Chairman LAW OFFICES OF RORDAN, BRYAN, JONES, A OHNSON LTTOSNEYS AT LAW D ONN, N. C. AND LILLY NOTON. N. C. Exhibit "A" NORTH CAROLINA HARNETT COUNTY MANAGEMENT CONTRACT THIS CONTRACT, made and entered into this the 2.3vd day of February, 1987, by and between THE COUNTY OF HARNETT, a body politic organized and existing under the laws of the State of North Carolina (hereinafter called "County "); and THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, a municipal corporation organized and existing pursuant to the provisions of Article 6, Chapter 162A of the North Carolina General Statutes (hereinafter called "District "); W I T N E S S E T H: THAT WHEREAS, the County is lessee and operator of a water production system and a water supply distribution system owned by the Northeast Metropolitan Water District of Harnett County; and WHEREAS, County as lessee of said systems has created a Public Utility Department which conducts the operation of said systems; and WHEREAS, the District was organized and established for the purpose of constructing and operating a water supply distribution system to serve water users within the District as described in plans now on file in the Office of the District; and WHEREAS, the water supply distribution system of the District will be constructed with the use of State Grant funds; and WHEREAS, the Farmers Home Administration of the United States Department of Agriculture has made certain grant funds available to the District and has agreed to loan the District sufficient funds to enable the District to finance the construction of said water supply distribution system; and WHEREAS, The County's Public Utility Department is fully capable to conduct the operation and management of the water supply distribution system of the District; WHEREAS, the County and the District have agreed to enter into this contract for the operation and management of the water supply distribution system of the District as a County operated system on a continuing basis and especially for and during the period of the existence of the the Farmers Home Administration loan to the District. 219 AW OrrIORS Or MOROAN, BRYAN, JONES. at JOHNSON TORNRYS AT LAW DONN. N. O. AND ILLINGTON, N. Q. NOW, THEREFORE, the parties do contract and agree each with the other as follows: 1. That the District's water distribution supply system referred to above shall be operated and managed by the County's Public Utility Department as a County operated water distribution system on a continuing basis and especially for a period beginning as of the execution of this contract and extending until that certain loan referred to above made by the Farmers Home Administration to the District has been paid in full, being a period of at least forty (40) years. 2. That the Harnett County Board of Commissioners, sitting in the capacity as the County and as the governing body of the District, shall establish and set the rates of charges for the purchase of water and for such other fees, charges, and penalties as required for the operation of the water distribution system, with proper cost accounting procedures to appropriately reflect the cost of these facilities operated by the County Public Utility Department relative to the operation of other utility enterprises which are or may be carried on by theCounty Public Utility Department. Further, the Harnett County Board of Commissioners, in the capacities stated above, shall charge such rates for the users of said water distribution system as will appropriately yield sufficient funds to meet operation and maintenance expenses and to pay and retire the long term debt of the Farmers Home Administration to the District. 3. This contract shall be a continuing contract relative to the furnishing of the essential water utility services for the people of the District and this contract shall exist and continue until the District and the County shall mutually modify or terminate this contractual arrangement. 4. That the Harnett County Board of Commissioners agrees to create an Advisory Council to lend assistance with input and advice as to the operation and maintenance of the aforesaid water distribution system by the Harnett County Board of Commissioners as the governing body of said District. -2- 220 LAW OFFICES OF MOROAN. BRYAN. JONES. a JOHNSON. ATTORNEYS AT LAW DONN. N . O. AND LILLINOTON. N. C. 5. That the County shall be entitled to fund or cause to be funded the construction of any water line to be connected to the District's system as an extension within or without the boundaries of the District for the purpose of serving needy users with water utility services as the same shall be determined by the Harnett County Board of Commissioners and that the rates chargeable to such persons (users) shall be equitably set to properly reflect cost of operations and maintenance of water production and supply and further that in the event it shall become necessary for the District to levy a tax for the purpose of funding bonded indebtedness of the District then in such event such rates of any person (user) outside the boundaries of the District shall be charged a greater user fee (rate) as will be equivalent to such needed property tax as may be levied; provided, if a tax levy is made, then such user charge for out -of- district users shall not be less than 150% of the user charge of users of the District. It is understood and agreed that the District shall have no obligation to extend its water lines outside of the District's boundaries. 6. That the County will manage and operate the water supply distribution system on an annual budget with the setting of rates on an annual basis as approved by the District's governing body with proper input and advice from the Advisory Council, which budget shall provide and set forth the handling of the funds such that a reserve fund, depreciation fund, debt payment fund, and surplus fund for the District shall be distinguishable, and further that the County shall maintain a system of accounts for the County Utility Department which will appropriately account for the various operations of the Utility Department, specifically so that all costs relative to the operation of the water supply distribution system will be separately stated; the County shall further maintain insurance and bonds as required by state law and that the County shall properly contract with a certified public accountant for annual audits of the Utility Department and-that further the County shall comply with all federal, state and local aws and regulations relative to the operation of the water supply distribution system. 221 1 LAW PIORD OF N ROAN. DRY N. JONES. R .1 SEWN AT[OR RYS AT LAW DO MN. O. AND LIEU OTON. N. O. 5. That the County shall be entitled to fund or cause to be funded the construction of any water line to be connected to the District's system as an extension within or without the boundaries of the District for the purpose of serving needy users with water utility services as the same shall be determined by the Harnett County Board of Commissioners and that the rates chargeable to such persons (users) shall be equitably set to properly reflect cost of operations and maintenance of water production and supply and further that in the event it shall become necessary for the District to levy a tax for the purpose of funding bonded indebtedness of the District then in such event such rates of any person (user) outside the boundaries of the District shall be charged a greater user fee (rate) as will be equivalent to such needed property tax as may be levied; provided, if a tax levy is made, then such user charge for out -of- district users shall not be less than 156% of the user charge of users of the District. It is understood and agreed that the District shall have no obligation to extend its water lines outside of the District's boundaries. 6. That the County will manage and operate the water supply distribution system on an annual budget with the setting of rates on an annual basis as approved by the District's governing body with proper input and advice from the Advisory Council, which budget shall provide and set forth the handling of the funds such that a reserve fund, depreciation fund, debt payment fund, and surplus fund for the District shall be distinguishable, and further that the County shall maintain a system of accounts for the County Utility Department which will appropriately account for the various operations of the Utility Department, specifically so that all costs relative to the operation of the water supply distribution system will be separately stated; the County shall further maintain insurance and bonds as required by state law and that the County shall properly contract with a certified public accountant for annual audits of the Utility Department and that further the County shall comply with all federal, state and local laws and regulations relative to the operation of the water supply distribution system. -3- 222 IN WITNESS.. WHEREOF, the parties ilereto . have caused this instrument to be executed as authorized by the Harnett County Board of Commissioners sitting as the governing body of the County and the District, all the day and year first above written. Att sf: Vanessa W. Young, Ci/erk At s : By: THE COUNTY OF HARNETT ifs L oyoj Stewart, Chairman Harnett County Board of Commissioners SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY By: Vanessa W. Young, 9/lerk LAW OFFICES OF MORGAN. 8 RYAN, JONES. a JOHNSON ATI CORNETS AT LAW DONN. N. O. AND LL.LINOTON. N. O. LI y Stewart, Chairman Harnett County Board of Commissioners, sitting as the governing body of the South Central Water and Sewer District of Harnett County -4- 223 DOCUMENT NUMBER 9. RESOLUTION AUTHORIZING EXECUTION OF LEGAL SERVICES AGREEMENT WHEREAS, the Harnett County Board of Commissioners, sitting as the governing body of the South Central Water and Sewer District of Harnett County (hereinafter "District "), has examined the Legal Services Agreement between the District and John M. Phelps, II, Attorney, attached hereto as Exhibit "A "; and WHEREAS, District desires to enter into said contract as provided; NOW, THEREFORE, BE IT RESOLVED by the Harnett,County Board of Commissioners, sitting as the governing body of the South Central Water and Sewer District of Harnett County, that: 1. South Central Water and Sewer%District of Harnett County is hereby authorized to and shall enter into the Legal Services Agreement attached hereto as Exhibit "A ". 2. The South Central Water and Sewer District of Harnett County and its officers and agents are hereby directed to execute said Legal Services Agreement. Duly adopted this 23rd day of February, 1987, upon motion made by Commissioner Rudy Collins , seconded by Commissioner Bill Shaw and passed by the following vote: Ayes 5 ATTEST: Noes 0 Absent 0 Abstained 0 HARNETT COUNTY BOARD OF COMMISSIONERS, sitting as the governing body of the SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY BY: 22.4 4 ,.UNITED STATES DEPARTMENT OF AGRICULTURE ' Parmers Noth. Agrsam.,t. LEGAL SERVICES AGREEMENT ^ This agreement made lh b day of Pebroary( 1117. between the South Central Water and Sewer District of Harnett County herslnafter.referred to .as mewneeee and John M. Phelps, II, Attorney at Lew, of LlllIngton, North Carolina, hereinafter referred to as ^Attorney^: WHEREAS, Owners have formed. In Harnett County.'North Carolina • water and sewer district pursuant to the provisions of N.C. Gen. Stat. 4l1IA -16 el. seq. known as the South Central Water and Sewer D istrict of Harnett County (hereinafter 'Dlstrlet^); and WHEREAS, the Attorney to perform all bpi •.rule., n ee.n•ry under the previsions of the appliosble statutes and to perform ell other customary legal services nee euary to the organization, financing construction end initial operation 'of • water distribution •yel.mi W I T N E S S B T U I - That for and In consideration of the mutual covenants and promises between the eartlee hereto, It Is hereby agreed: SECTION A - LEGAL SERVICES That the Attorney will perform such services 1e are necessary to accompli,h the above recited objectives Including, but not (ladled to, the followingr 1.• Preparation end filing of the necessary doeudenta and ' supervision and assistance In the taking of quo* other „•, L actions as may be necessary or Incidental to cause the Owner. to become duly organized and •neorpoieted -end to be authorised to undertake the proposed •ptem. • . 2. Furnish advice and assistance to the governing body of the South Centeral Water and Sewer District of Harnett County In connection with (a). the notice for and conduct Of meetings; (b) the preparation of minutes of meetings; (c) the preparation and enactment of such resolutions as may be necessary in connection with the authorization, financing, - construction, and Initial operation of the system; (d) the preparation of such affidavits, publication notices, ballots, reports, certifications, and other Instruments and advice as may be needed in the conduct of such bond elections as may be necessary; (e) the preparation and completion of - such bonds or other obligations as may be necessary to finance the system; (f) the completion and execution of documents for obtaining a loan made or insured or a grant made .by the United States of America, acting through the Farmers Home Administration, U.S. Department of Agriculture; (g) entering Into construction contracts; (h) preparation and adoption of By -Laws, Rules and Regulations, and rate schedules; (1) such other corporate action as may be necessary in connection with the financing, construction, and initial operation of the system. 9. Review of construction contracts, bid- letting procedure, and surety and contractual bonds in connection therewith. 4. Preparation, negotiation, or review of contract with a source of water supply when necessary. 5. Preparation, where necessary, and review of deeds, easements and other rights -of -way documents, and other instruments for sites for source of water supply, pumping stations, treatment plants, and other facilities necessary to the system and to provide continuous rights -of -way therefore; rendering title opinions with reference thereto; and providing for the recordation thereof. 6. Obtain necessary permits and certificates from county and municipal bodies, from State regulatory agencies, and from other public or private sources with respect to the approval of the system, the construction and operation thereof, pipeline crossings, and the like. 7. Cooperate with the engineer employed by Owners In connection with preparation of tract sheets, easements, and other necessary title documents, construction contracts, water supply .. contracts, health permits, crossing permits, and other instruments. When applicable, secure assistance of and cooperate with recognized bond counsel In the preparation of the documents necessary for the financing aspects of the system. Where bond counsel is retained, the Attorney will not be responsible for the preparation and approval of those documents pertaining to the issuance of the Owner's obligations. SECTION B - CRMPSNSATION 1. Owners will pay to the Attorney tar profbstlonel aervlgee rendered In accordance herewith, tees In. the amount of ' *46.00 per hour. Said fee. will be paid To the Attorney each month pursuant to regular statements pr..•nt.d gay the Attorney. John M. Phelps, I1, Attorney HARNETT COUNTY BOARD OP CCMMI85IONtnS silting no the governing body of the SOUTII CENTRAL WATER AHD SEWER DISTRICT OP HARNETT COUNTY f�y—T� By: da'8N'cC b /dfRV/tLes LT y ewer C s :man ATTEST 225 DOCUMENT NUMBER 10. • RESOLUTION APPROVING PLANS FOR CONSTRUCTION OF WATER DISTRIBUTION SYSTEM- SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY WHEREAS, the Harnett County Board of Commissioners, sitting as the governing body of the South Central Water and Sewer District of Harnett County (hereinafter "the Board ") desires to move forward towards construction of the water distribution system in the District; and WHEREAS, the District engineers have submitted plans to the District for the said water distribution system, said plans having been submitted to the District on December 19, 1986; and WHEREAS, the Harnett County Public Utilities Department has reviewed said plans and reports that said plans are aceptable, and recommends that said plans be approved by the Board; and WHEREAS, the Board now desires to approve said plans; NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners, sitting as the governing body of the South Central Water and Sewer District of Harnett County, that: The plans and specifications for the water distribution system of the South Central Water and Sewer District submitted to said District by the District's Engineers on December 19, 1986 shall be and are hereby approved, subject to any minor changes necessary to implement construction of said water distribution system. Duly adopted this 23rd day of February, 1987, upon motion made by Commissioner Mack R. Hudson , seconded by Commissioner Mayo Smith and passed by the following vote: Ayes 5 Noes 0 Absent 0 Abstained 0 ATTEST: BY: Vanessa W. Young, 1 C HARNETT COUNTY BOARD OF COMMISSIONERS sitting as the governing body of the SouthCentral water and Sewer District of Harnett County Llo ewart, Chairman 226 DOCUMENT NUMB W OFFICES OF MORO AN. RYAN. JONES, k JOHNSON A ORNRYS AT LAW DONN. N. O. AND LLINSTON. N. C. R 1Q. tIJttIICv4tL ORIGINAL.. Prepared by: John M. Phelps, II, BRYAN, JONES, JOHNSON & SNOW, Attorneys, P.O. Box 970, Lillington, NC 27546 NORTH CAROLINA CONTRACT OF PURCHASE HARNETT COUNTY AND SALE This Contract of Purchase and Sale is made and entered into this /OM day of February, 1987, by and between Elmon Lee and wife, Lessie Mae Lee of Harnett County, North Carolina (hereinafter "Owners "); and the South Central Water and Sewer District of Harnett County (hereinafter "District "). W I T N E S S E T H THAT WHEREAS, the South Central Water and Sewer District of Harnett County is a County Water and Sewer District, duly organized and existing pursuant to the provisions of Article 6, Chapter 162A of the North Carolina General Statutes and by that certain Resolution dated March 13, 1985 and adopted by the Harnett Coutny Board of Commissioners entitled "Resolution Creating the South Central Water and Sewer District of Harnett County "; and WHEREAS, Owners are the owners of that certain tract of land lying and being in Stewarts Creek Township, Harnett County, North Carolina, the same being the land conveyed to the Owners by Rupert C. Langdon, Jr. and wife, Brenda M. Langdon by deed recorded in Book 684, page 238 in the office of the Register of Deeds of said County; and WHEREAS, District is in need of a portion of the tract of land described in the above mentioned Deed for the purpose of locating a booster pump station thereon and to carry out one of its governmental functions; and WHEREAS, Owners desire to sell to District the property needed by said District; and WHEREAS, Owners and District desire to enter into this Contract of Purchase and Sale to set forth the details of their agreement; NOW THEREFORE, in consideration of the mututal representations, warranties, covenants, and agreements contained herein, and for 227 LAIN? orrrcrs or MOROAN, RrYAN, JONEN. a JORNOON ATTDRNRY9 AT LAW DUNK, N. O. AND LI,JJNOTON. N. O. good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owners and District agree as follows: 1. Purchase and Sale. District hereby agrees to purchase and Owners hereby agree to sell and convey unto District all of that plot, piece or parcel of land described in paragraph 2 below (hereinafter "Property ") in accordance with the terms and conditions herein set forth. 2. Property. The property to be purchased by District and sold and conveyed unto District by Owners is located in Stewarts Creek Township, Harnett County, North Carolina and is more particularly described as follows:. BEGINNING at a P.K. Nail located at the point of intersection of the centerlines of NCSR 2033 and NCSR 2030, and runs thence from said beginning point along the centerline of said SR 2033 North 40 degrees 40 mintues 08 seconds East 376.19 feet to an existing iron pipe in the northeastern boundary of the parcel from which this tract is taken; and runs thence along and with said northeastern boundary South .56 degrees 38 minutes 00 seconds East 319.03 feet to a P.K. Nail in the centerline of said SR 2030; and runs thence along and with the centerline of SR 2030 South 77 degrees 52 minutes 45 seconds West 523.27 feet to the point and place of BEGINNING and contains 1.366 acres as shown on a plat entitled "South Central Water and Sewer District of Harnett County, Booster Pump station Site" dated January 20, 1987 and prepared by Black & Veatch, Inc., Consulting Engineers, Asheboro, N.C. The above described property is a portion of that parcel conveyed to Elmon Lee and wife, Lessie Mae Lee from Rupert C. Langdon, Jr. and wife, Brenda M. Langdon by deed dated January 16, 1979 and recorded In Book 684, page 238 of the Harnett County Registry. 3. Purchase Price. The purchase price for the property is $3500.00 and shall be paid to Owners at the time of closing upon delivery of a good and sufficient deed to said property to District by Owners. 4. No Restrictions. It is agreed that there must be no restrictions or easements upon the property that would prevent the reasonable use of the property for purposes of construction and maintenance of a booster pump station and water distribution pipelines and related appurtenances. 5. Prorations and Adjustments. Unless otherwise provided, the following items shall be prorated and adjusted between the parties or paid at closing: -2- ?28 A AW OFFICES OF MO RO AN, ERYA N. JONES. at JOHNSON TORNRYS AT LAW DUNN.N. C. AND ELLINOTON. N. C. (a) Ad valorem taxes on real property shall be prorated on a calendar year basis to the date of closing, (b) All late listing penalties, if any, shall be paid by Owners. 6. Conditions. (a) All deeds of trust, liens and other charges against the Property must be paid and cancelled by Owners prior to or at closing. (b) Title must be delivered at closing by general warranty deed and must be fee simple marketable title, free of all encumbrances except ad valorem taxes for the current year (prorated to date of closing), utility easements and unviolated restrictive covenants that do not materially affect the value of Property and such other encumbrances as may be assumed or specifically approved by District. The subject Property must have legal access to a public right of way. 7. Closing Expenses. District shall pay for the preparation of a deed and for the revenue stamps required by law. — District shall pay for recording the deed. 8. Assignments. This Contract may not be assigned without the written agreement of all parties, but if the same is assigned by agreement, then the same shall be binding on the Assignee and his heirs, successors or assigns. 9. Parties. This contract shall be binding and shall inure to the benefit of the parties and their heirs, successors and assigns. 10. Entire Agreement. This contract contains the entire agreement of the parties and there are no representations, inducements, or other provisions other than those expressed in writing. All changes, additions or deletions hereto must be in writing and signed by all parties. 11. Closing. All parties agree to execute any and all documents and papers necessary in connection with closing and transfer of title on or before May 1, 1987, at a place designated by District. Deed is to be made to District. 12. Possession. Possession shall be delivered at the time of closing. -3- 229 \W O rlcrs Or NO OAN. NNYR . JONRS. A JO NRON IORN Ys AT LAW DONN. N . C. AND LLINQTON. N. O. 13. Counterparts. This Contract of Purchase and Sale shall become a binding contract when signed by both District and Owners and is executed in duplicate counterparts with an executed counterpart being retained by each party hereto. IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year indicated. Executed by Owners this /Ofil day of February, 1987. 227 r't Suub.crtbing Witness Elmon Lee � �00[t. H4 Sub ribing Witness". essie Mae ee (SEAL) (SEAL) Executed by District this -)2,r day of riAbl'utt_ t.w, , 1987. SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY BY: ATTEST: NORTH CAROLINA HARNETT COUNTY loy� Stewart Chaff man of the Harnett County Board of Commisisoners sitting as the governing body of the South Central Water and Sewer District of Harnett County 1, Linda L. Dinklagle , a Notary Public for the County and State aforesaid, certify that Rodney M. Tart personally appeared before me this day, and being duly sworn, stated that in his presence Elmon Lee and wife, Lessie Mae Lee (signed) (mtki imAteAgxtdx }tinexgxxxil7t]t7QRx8$) the foregoing instrument. Witness my hand and official seal, this 10th day of February, 1987. C nt-r -Z -A- ere Public t� My Commission Expires: 8 - /o- 7/ -4- r230 DOCUMENT NUMB R 12. AW I IFFIOBN OF MOIIU AN, BRYAN. JONES. JOIINBON 7'012NEYB AT LAW DUNN. N. 0. AND ILLINU'l'ON. N. O. DUpLICATL CLICINAL Prepared by: John M. Phelps, 1!, BRYAN, JONES, JOHNSON & SNOW, Attorneys, P.O. Box 970, Lillington, NC 27546 NORTH CAROLINA CONTRACT OF PURCHASE HARNETT COUNTY AND SALE This Contract of Purchase and Sale is made and entered into this ZL_ day of January, 1987, by and between Clement H. Matthews and wife, Faye Matthe s, Hazel Matthews, unmarried, and Evelyn HA. /inf..0 �7`,,',�,� Matthews, unmarrid'd, all of Harnett County, North Carolina (hereinafter "Owners "); and the South Central Water and Sewer District of Harnett County (hereinafter "District "). W I T N E S S E T H THAT WHEREAS, the South Central Water and Sewer District of Harnett County is a County Water and Sewer District, duly organized and existing pursuant to the provisions. of Article 6, Chapter 162A of the North Carolina General Statutes and by that certain Resolution dated March 13, 1985 and adopted by the Harnett Coutny Board of Commissioners entitled "Resolution Creating the South Central Water and Sewer District of Harnett County "; and WHEREAS, Owners are the owners of that certain tract of land Lying and being in Stewarts Creek Township, Harnett County, North Carolina, the same being the land conveyed to the Owners by Corrina Matthews, widow, et. al. by deed recorded in Book 331, page 552 in the office of the Register of Deeds of said County; and WHEREAS, District is in need of a portion of the tract of land described in the above mentioned'Deed for the purpose of locating a water storage tank thereon and to carry out one of its governmental functions; and WHEREAS, Owners desire to sell to District the property needed by said District; and WHEREAS, Owners and District desire to enter into this Contract of Purchase and Sale to set forth the details of their agreement; NOW THEREFORE, in consideration of the mututal representations, warranties, covenants, and agreements contained herein, and for 231 LAW OPPICKH UP O10:AN, IRAN, JONES. • IIOIINHON ATTUNNEYS AT LAW NUNN. N. C. AND LILLINUTUN, N. C. good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owners and District agree as follows: 1. Purchase and Sale. District hereby agrees to purchase and Owners hereby agree to sell and convey unto District all of that plot, piece or parcel of land described in paragraph 2 below (hereinafter "Property ") in accordance with the terms and conditions herein set forth. 2. Property. The property to be purchased by District and sold and conveyed unto District by Owners is located in Stewarts Creek Township, Harnett County, North Carolina and is more particularly described as follows: BEGINNING at a P.K. Nail Set located in the centerline of NCSR 2030, said beginning point being located North 88 deg. 43 min. 11 sec. East 37 feet from an existing P.K. Nail, said existing P.K. Nail being located approximately 1.11 miles east of the intersection of the centerline of NCSR 2030 and the centerline of NCSR 2045 and runs thence from said beginning point North 88 deg. 43 min. 11 sec. East 40.03 feet along the centerline of said NCSR 2030 to a point; and runs thence South 01 deg. 03 min. 58 sec. West 255.02 feet to a point; and runs thence along an arc of 99.77 feet, with a chord bearing of South 05 deg. 50 min. 01 sec. West and a chord distance of 99.65 feet to a point; and runs thence South 10 deg. 36 min. 05 sec. West 64.52 feet to a point; and runs thence North 88 deg. 16 min. 54 sec. East 39.06 feet to a point; and runs thence South 01 deg. 43 min. 04 sec. East 150.00 feet to a point; and runs thence South 88 deg. 16 min. 54 sec. West 112.76 feet to a point; and runs thence North 10 deg. 36 min. 05 sec. East 273.46 feet to a point; and runs thence North 01 deg. 03 min. 58 sec. East 300.05 feet to the point and place of BEGINNING, and contains 0.716 acre as shown on a plat entitled "South Central Water and Sewer District of Harnett County, Tank and Access Road Easement" prepared by Black & Veatch, Inc. and dated January 2, 1987. 3. Purchase Price. The purchase price for the property is $ :7 Soo, o O and shall be paid to Owners at the time of closing upon delivery of a good and sufficient deed to said property to District by Owners. 4. No Restrictions. It is agreed that there must be no restrictions or easements upon the property that would prevent the reasonable use of the property for purposes of construction and maintenance of a water storage tank and water distribution pipelines and related appurtenances. 5. Prorations and Adjustments. Unless otherwise provided, the following items shall be prorated and adjusted between the parties or paid at closing: -2- 232 6W OFFICES OF MORGAN. BRYAN. JONES. a JOHNSON TORNEYS AT LAW DUNN,N. C. AND 1 LLINUTON, N. U.` (a) Ad valorem taxes on real property shall be prorated on a calendar year basis to the date of closing. (b) All late listing penalties, if any, shall be paid by Owners. 6. Conditions. (a) All deeds of trust, liens and other charges against the Property must be paid and cancelled by Owners prior to or at closing. (b) Title must be delivered at closing by general warranty deed and must be fee simple marketable title, free of all encumbrances except ad valorem taxes for the current year (prorated to date of closing), utility easements and unviolated restrictive covenants that do not materially affect the value of Property and such other encumbrances as may be assumed or specifically approved by District. The subject Property must have legal access to a public right of way. 7. Closing Expenses. District shall pay for the preparation of a deed and for the revenue stamps required by law. District . shall pay for recording the deed. 8. Assignments. This contract may not be assigned without the written agreement of all parties, but if the same is assigned by agreement, then the same shall be binding on the Assignee and his heirs, successors or assigns. 9. Parties. This contract shall be binding and shall inure' to the benefit of the parties and their heirs, successors and assigns. 10. Entire Agreement. This contract contains the entire agreement of the - parties and there are no representations, inducements, or other provisions other than those expressed in writing. All changes, additions or deletions hereto must be in writing and signed by all parties. 11. Closing. All parties agree to execute any and all documents and papers necessary in connection with closing and transfer of title on or before April 1, 1987, at a place designated by District. Deed is to be made to District. 12. Possession. Possession shall be delivered at the time of closing. -3- '331 W OFFICER of NOROAN, RYAN. JONES. JOHNSON A MINIMS AT LAW DONN.N. Q. AND W*.LINOTON. N. Q. 13. Counterparts. This Contract of Purchase and Sale shall become a binding contract when signed by both District and Owners and is executed in duplicate counterparts with an executed counterpart being retained by each party hereto. IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year indicated. Exe ted by Owners this 6/ Sub cribing Witness Subscribing Witness Subsc ibing Witness ubsteribing Wi ness Executed by District this ATTEST: Vanessa W. NORTH CAROLINA HARNETT COUNTY sung Clerk ,.71 day of January, 1987. //��ll ���r- .7esot,_t '9 �t�VeTetd (SEAL) lement H. MattTiews Fap -Mat thews ei rC!6'n -''r� //in. (SEAL) / ]7 2 Lr- e -OS Ha AL) Ha 1 Matthews — /� �CLLL.h.cc,c,1) Ey lyn Ma thews (SEAL) day of , 1987. SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY BY: lV oy, Stewart Chai man of the Harnett County Board of Commisisoners sitting as the governing body of the South Central Water and Sewer District of Harnett County 1. T.tnda T. T1inkbage , a Notary Public for the County and State aforesaid, certify that p 11np Tart personally appeared before me this day, and being duly sworn, stated that in his presence Clement H. Matthews aaxdcxwifuafxesyx Mootattmwm (signed) luktrialacratiaMexmoeuMixtaxxXn the foregoing instrument. -4- 934 DOCUMENT NUMBER 13. RESOLUTION AUTHORIZING CONDEMNATION 10 ACQUIRE CERTAIN PROPERTY OF PAYE H. MATTHEWS WHEREAS, the governing body of the South Central Water_and_9ewer. D i s t r i c t of Harnett C unty re : "n- ' -4 i_ he: eby-determTwell .that It Is necessary and In the public interest to acquire certain property Interests owned by Faye N. Matthews for the following public purpose: To protect the public health, to provide the public with an adequate and sound publle water supply and distribution system, and to Improve such system to meet the need for expanded or upgrated services. WHEREAS, the proper officials or representatives of the District have been unable to acquire the needed interest In this property by . negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, THAT: 1. The South Central Water and Sewer District of Harnett County shall acquire by condemnation, for the ,purposes stated above, the property and interest described as follows: All the right, title and Interest of the said Faye N. Matthews held by her pursuant to the elective rights of a surviving spouse under N.C. Gen. Stat. 29 -30, in and to the following described parcel of land, lying or being in Stewart's Creek Township, Harnett County, North Carolina. BEGINNING at a P.R. Nall Set located In the centerline of NCSR 2030, . said beginning point being located North 88 deg. 43 min. 11 sec. East 37 feet from an existing P.R. Nall, said existing P.K. Nall being located approximately. 1.11 miles east of the Intersection of the centerline of NCSR 2030 and the centerline of NCSR 2045 and runs thence from said beginning point North 88 deg. 43 min. 11 sec. East 40.03 feet along the centerline of said NCSR 2030 to a point; and runs. thence South. 01 deg. 03 min. 58 sec. West 255.02 feet to a point; and rune thence along an are of 99.77 feet, with a chord bearing. of South 05 deg. 50 min. 01 sec, West and a chord distance of 99.85 feet to e` point; and runs thence South 10 deg. 36 min. 06 sec. West 84.52 feet to a point; and runs thence North 88 deg. 10 min. 54 sec.- East 39.08 feet to a point; and rune thence South 01 deg. 43 min. 04 sec. East 150.00 feet to a point; and runs thence South 88 deg. 18 min. 54 sec. West 112.78 feet to a point; and runs thence North 10 deg. 36 min. 05 sec. East 273.48 feet to a point; and rune thence North 01 deg. 03 min. 58 sec. East 300.05 feet to the point and place of BEGINNING, and contains 0.718 acre as shown on a plat entitled "South Central Water and Sewer District of Harnett County, Tank and Access Road Easement" prepared by Black k Veatch, Inc. and dated January 2, 1987. 2. The attorney representing the District Is directed to Institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes to acquire the property herein described. Duly adopted this 23rd day of February, 1987, upon motion made by Commissioner Mayo Smith , seconded by Commissioner Bill Shaw and passed by the following vote: Ayes 5 Noes 0 Absent 0 Abstained 0 ATTEST: CA ., ,kr! Vanessa W. Young / Cle BY: IIARNETT COUNTY BOARD OF COMMISSIONERS sitting as the governing body of the South Central water and Sewer District of Harnett County Lloyd Swart, Chairman 235 1 DOCUMENT NO. 14 RESOLUTION AMENDING RULES AND REGULATIONS OF THE SOUTH CENTRAL WATER MD SEWER DISTRICT 00 RARNR'r COUNTY • strums 11 AND 21..'• W HEREAS, the Harnett Calmly Seesd of Cammbsloners. silting as ' the eonrnlnc body of the South Ce Water and Sewer DI000000 of • County (hereinafter the "Beard ") 1 . by resela000a duly adopted on August 11, 1111, established Row and Regulations for the o..retlon of the Dlstriet's water distrlbetlea system; mad WRERSA., the Board. upon rooms of the Rarnell Couoly Department of nubile Utilities. new desires to amend said Rules and Regulations as here@fter set forth; N ON, THEREFORE, BS IT RESOLVED by the Harnett County Board of Cammlni00000, sitting as the governing body of the South Central Wales end Sew.. Dblrlat of Rernell County, that' 1. Station 11 of said Rule@ endRegulations se It Is nowwritten le deleted' end the following Section 11 11 •steal Muted In lieu thereof: Seatlen 1S. Classifications, Rates. Fees and Chernl. (a) Classification of Servlee. All services are classified under two eetgor le@ to Include residential or multi -unit services A residential service Is a melee which provides water le a single family residence and the buildings eppurlen0nl thereto. A mull) -unit service Is a Berrie, whleh provides water to more Then one single family residents et mere than one uses unit. (b) Rate Schedules (1) Residential Services' Water Schedule First 1,000 ,.hens (minimum) A11 water used over 1,000 gallons Monthly Rate 111.00 1.10 per 1,000 0e@ l lose (11 Multi -Unit Services The minimum amount of 111.00 per unit or the *mount equal to the seat of the number of cello.. used through the multi -unit e..rles al the rate of 11.10 pet 1,000 gallons, whiskey's amount Is (reeler. (e) Tep -On -Fees, (Tb become effoatiro after completion of TiTrii ifin up period) • (11 Residential: If water 1et..els ere Installed by the County or County's eontr•etor, the tap-en-fee Is 1100.00. This fee shell apply to three - fourths Inch meter else resldentiel motets only. All other resldentlol connection tap -on -fear shell be the cost of In.talletlen and malarlats, plus twenty (101 portent. (1) Multi -Noll: The cat of Installation and motorists, plus twenty (101 percent. (d) F1re Protection Charles. Services C S tandby Fire Plugs 11.00 /month each added to wets, billing, plus cost of last eeeeeeen and tatty leis 1" Sprinkler Connection 110.00 /month, p.lue cost of Installation and materials Ss Sprinkler Connection $21.00 /month, plus cost of Installation and eeeerlsle 1/" Sprinkler Conneetlen 1110.00 /month, plus salt of Inetallatlen and materials Others Negotiated (e) Rotes for persons living outside the Distrlet. Rates for persons living outside the South Central Doter end Sewer District of Harnett County shall be equal to rate@ for ersons living Inside IRs District se long a n o be is levied within the 01.1,1et for support of the spleen; If • tae Is levied on users Inside the water District for the purpose et supporting the water system, then the outside the District shall py en Inc reeeed ✓ ote a established by the County from lime to time. In setting such Inc sevevd rate, the County will take Into consideration the rate paid by persons Inside the District plus taxes levied on them for support of the water system. • 2. A pew Stratton 11.11 added to aid Rules and Rgelatlons and reads as fellows. Section It In the the District devises to eeeeeet Its meter distribution system to previously existing systems, •II such. systems must have the approval of the Division of Re@lth Services, of the North Carolina Department of Hum.. Re•eee ear before such connection may take plate and all previously existing ources of water must be completely abandoned and rendered ins intonate of future water production. Duly adopted this,d day of February. 111T, upon motion made OP Commissioner Mock geld Hudson eeeended by Commissioner 1111 Shaw and passed by the following vote' Ayes 5 Noes 0 Absent 0 Abstained 0 NARNBTT COURTT BOARD OF CR,MISBIONPRS sitting es the pvanled body of 1hs PoulhCentral water and (anal of Hornell County BY: o w.. 1 r an ATTEST: I N rsC %. - 6/ ��� ti�1 H le Wa e rotary Vanessa W. Young, e