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HomeMy WebLinkAbout12211987 (3)46'2 HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, DECEMBER 21, 1987 CALL TO ORDER PRAYER MINUTES APPROVED RESOLUTION RE: FLAT BRANCH FIRE DISTRICT RESOLUTION RE: BOUNDARY LINE BETW. FLAT BRANCH & FLAT - WOODS FIRE DIST. TWIN OAK ESTATES The Harnett County Board of Commissioners met in regular session on Monday, December 21, 1987, at the County Office Building, Lillington, North Carolina, with the following members present: Rudy Collins, Bill Shaw, Mack Reid Hudson, Mayo Smith, and Chairman Lloyd G. Stewart presiding. Others present were: Dallas H. Pope, County Manager; Vanessa W. Young, Clerk to the Board; Glenn Johnson, County Attorney, and Kay S. Blanchard, Recording Secretary. Chairman Stewart called the meeting to order at 7:40 p.m. Commissioner Smith led the evening prayer. The minutes for the Board of Commissioners meeting of December 7, 1987 were approved. Holt Felmet presented a resolution concerning expansion of Flat Branch Fire District. Commissioner Shaw made a motion to adopt the resolution. Commissioner Smith seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated December 21, 1987, as document No. 1. Holt Felmet presented a resolution concerning relocation of boundary line between Flat Branch Fire District and Flatwoods Fire District. Commissioner Shaw made a motion to adopt the resolution. Commissioner Collins seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated December 21, 1987, as document No. 2. John M. Phelps, II, Public Utilities Attorney, presented an agreement between Thomas F. Smith and Billy B. Surles and Northeast Metro and Harnett County relating to Twin Oak Estates. Commissioner Collins made a motion to enter into the agreement. Commissioner Smith seconded the motion and it passed with a unanimous vote. The agreement is copied in full at the end of these minutes dated December 21, 1987 as document No. 3. KINNIS CREEK ESTATES John M. Phelps, II, Public Utilities Attorney, presented an agreement between Bobby Joe Revels and Carley McLeod and Northeast Metro and Harnett County, relating to Kinnis Creek Estates. Commissioner Collins made a motion to enter into the agreement. Commissioner Smith seconded the motion and it passed with a unanimous vote. The agreement is copied in full at the end of these minutes dated December 21, 1987, as document No. 4. WATER PURCHASE CONT. John M. Phelps, II, Public Utilities Attorney, presented a resolution NORTHWEST W & S concerning Water Purchase Contract by the County with Northwest Water and DISTRICT Sewer District. Commissioner Collins made a motion to adopt the resolution. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution and contract are copied in full at the end of these minutes dated December 21, 1987 as document No. 5. WATER PURCHASE CONT. John M. Phelps, II, Public Utilities Attorney, presented a resolution WEST CENTRAL W & S concerning Water Purchase Contract by the County with West Central Water DISTRICT and Sewer District. Commissioner Collins made a motion to adopt the resolution. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution and contract are copied in full at the end of these minutes dated December 21, 1987, as document No. 6. PARKS & REC. BRIEF. Alice Powell, Director, Parks and Recreation Department briefed the Board on activities and programs offered by the Parks and Recreation Department. Miss Powell was commended for her work in coordinating the programs and keeping the parks well maintained. RIVERSIDE GRANT PROJECT ORDIN. BUDGET AMEND. LANDFILL BUDGET AMEND. JAIL C. T. Clayton, P.E., Ragsdale Consultants, Inc., presented for consideration a Grant Project Ordinance for Riverside Community Development. Commissioner Hudson made a motion to adopt the Grant Project Ordinance. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for the Landfill to purchase a payscraper: code 10- 6600 -074 code 10- 6600 -037 code 10- 6600 -039 Capital Outlay - Equipment $67,382.00 Increase N.C. Sales Tax 2,771.00 Increase County Sales Tax 1,847.00 Increase Commissioner Smith made a motion to approve the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested a budget amendment for the Jail; code 1 -5120 -033, Materials & Supplies, increase of $1,600.00. The budget amendment is needed due to unexpected expenses in materials and supplies 468 BUDGET AMEND. PUBLIC UTILITIES for new Jail. Revenue will come from reimbursement from other counties for housing inmates - no new County money required. Commissioner Collins made a motion to approve the budget amendment. Commissioner Smith seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested a budget amendment for Public Utilities water fund; code 30- 8100 -199, Lease Payment, Increase of $247,619.00 and code 30- 8100 -200, Contingency, Decrease of $47,619.00; transfer from General Fund in amount of $200,000.00. The budget amendment is needed to budget debt service payment in the Water District's operating budget. Commissioner Hudson made a motion to approve the budget amendment. Commissioner Smith seconded the motion and it passed with a unanimous vote. BUDGET AMEND. Vanessa W. Young, Finance Officer, requested the following budget SECT. 8 HOUSING amendment for Section 8 Existing Housing, HUD fund: code 80- 4150 -000 Travel $2,000.00 Increase code 80- 4170 -000 Accounts & Audit Fees 500.00 Increase code 80- 4190 -000 Sundry Administrative Expenses 9,625.00 Increase code 80- 4715 -100 HAPP payments 287,452.00 Increase code 80- 4715 -200 Utilities Paid to tenants 20,000.00 Increase The budget amendment is needed to include new budget figures that were adopted by the Board for the 18 -month budget from January 1, 1987, to June 30, 1988. Commissioner Collins made a motion to approve the budget amendment. Commissioner Hudson seconded the motion and it passed with a unanimous vote. BUDGET AMEND. Vanessa W. Young, Finance Officer, requested the following budget MOD. REHAB. amendment for Moderate Rehabilitation, HUD fund: code 82- 4150 -000 Travel $1,000.00 Increase code 82 -4170 -000 Accounts & Audit Fees 2,000.00 Increase code 82- 4190 -000 Sundry Administration Expenses 4,878.00 Increase code 82- 4715 -100 HAPP Payments 94,699.00 Increase code 82- 4715 -200 Utilities Paid to Tenants 20,000.00 The budget amendment is needed to include new budget figures that were adopted by the Board for the 18 -month budget from January 1, 1987, to June 30, 1988. Commissioner Hudson made a motion to approve the budget amendment. Commissioner Smith seconded the motion and it passed with a unanimous vote. BUDGET AMEND. Jerry Blanchard, Director, Transportation and Procurement, requested a TRANS. $ PROCUREMENT budget amendment in order to purchase software for inventory control, fixed assets, vehicle maintenance and one IBM computer; code 10 -5550 -074, Capital Outlay- Equipment, Increase of $7,900.00. Commissioner Smith made a motion to approve the budget amendment. Commissioner Hudson seconded the motion and it passed with a unanimous vote. REORGANIZATION APPOINTMENTS Commissioner Hudson made a motion for reorganization appointments as listed below. Commissioner Smith seconded the motion and it passed with a unanimous vote. Appointments: County Attorney - Glenn Johnson Public Utilities Attorney - John M. Phelps, II Tax Attorney/ Social Services Attorney - Marshall Woodall Veterans Service Officer- Jean Irvin Appointments to Committees and Boards: Social Services Board - Lloyd G. Stewart Mental Health Board - Mack Reid Hudson Public Health Board - Lloyd G. Stewart Library Board - Bill Shaw and Rudy Collins. Production Enterprises Board - Mack Reid Hudson Building & Grounds Committee - Bill Shaw Law Enforcement Committee - Rudy Collins Landfill Program - Bill Shaw EMS Committee - Mayo Smith Region "M" Board - Mayo Smith Parks & Recreation Committee - Mayo Smith Rudy Collins Personnel Committee - Dallas H. Pope Mack Reid Hudson Rudy Collins Lewis Rosser Jack Bryan Addie McLean Pat McKee 463 APPOINTMENTS TO YOUTH PLANNING BOARD Commissioner Smith made a motion to appoint the following persons to serve on the Harnett Youth Planning Board for a term expiring December 31, 1988: Linda H. Stephens, P. 0. Box Jane H. Smith, P. 0. Box 688, Wanda Bethune, P. O. Box 264, Ed McCormick, Rt. 4, Box 434, Mack Reid Hudson, Rt. 1, Box 1001, Lillington, NC Lillington, NC Lillington, NC Lillington, NC 316, Benson, NC and the following persons whose terms will expire December 31, 1989: Julia Powers, 502 Alan Street, Angier, NC Terrie McGowan, P. 0. Box 1089, Lillington, NC Cecile Coats, Rt. 2, Box 362, Linden, NC Henry Cox, P. 0. Box 355, Lillington, NC John Phelps, P. 0. Box 39, Lillington, NC Rhonda Ennis, P. O. Box 1102, Lillington, NC R. Gerald Smith, P. 0. Box 85, Lillington, NC Commissioner Collins seconded the motion and it passed with a unanimous vote. RESOL. RE: Tom Meece, Director, Planning and Development, presented a resolution NC INDUST. FACILITIES oncerning Harnett County becoming a member of the North Carolina AND POLLUTION Industrial Facilities and Pollution Control Financing Authority. CONTROL FINANCING Commissioner Smith made a motion to adopt the resolution and that Tom AUTHORITY Meece be appointed as the Commissioner of the Authority for the County of Harnett. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated December 21, 1987, as document No. 7. SUBDIVISION PLAT: Carla Stephens, Planner /Developer, presented a subdivision plat for L. W. L.W. BENNETT TRUST Bennett Trust located in Buckhorn Township. Commissioner Collins made a motion to approve the subdivision plat. Commissioner Smith seconded the motion and it passed with a unanimous vote. SUBDIVISION PLAT: Carla Stephens, Planner /Developer, presented a subdivision plat for Spring SPRING MEADOW ACRES Meadow Acres located in Hector's Creek Township. Commissioner Collins made a motion to approve the subdivision plat. Commissioner Smith seconded the motion and it passed with a unanimous vote. SUBDIVISION PLAT: Carla Stephens, Planner /Developer, presented a subdivision plat for BRIARWOOD SUBDIV. Briarwood Subdivision located in Buckhorn Township. Commissioner Smith made a motion to approve the subdivision plat. Commissioner Collins seconded the motion and it passed with a unanimous vote. SUBDIVISION PLAT: JAMES V. STANCIL, JR. Carla Stephens, Planner /Developer, presented a subdivision plat for James V. Stancil, Jr. Subdivision located in Upper Little River Township. Commissioner Hudson made a motion to approve the subdivision plat. Commissioner Smith seconded the motion and it passed with a unanimous vote. DRAFT OF ZONING Carla Stephens, Planner /Developer, presented a proposed draft of a Zoning ORDINANCE Ordinance for Harnett County. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners meeting of December 21, 1987, duly adjourned at 9:30 p.m. . Stewart, Chairman /( SaAtat Kay S. lanchard, Recording Secretary Pr- 470 DOCUMENT NO. 1. NORTH. CAROLINA HARNETT COUNTY RESOLUTION WHEREAS, the Harnett County Board of Commissioners has received an application signed by a two - thirds majority of the landowners in each of the below described areas requesting that areas hereinafter described be added to the Flat Branch Fire District; and WHEREAS, the Harnett. County Board of Commissioner received a resolution adopted by a majority of the members of the Board of Directors of the corporation furnishing fire protection services to the Flat Branch Fire District, said resolution approving the increase of the boundaries of the district to include these areas; and WHEREAS, at its November 16, 1987 meeting this Board called for a public hearing to be held at the County Office Building at 7:00 p.m. on December 21, 1987; and WHEREAS, said public hearing was duly advertised in a newspaper having general circulation in the district once per week for two successive weeks immediately prior to said public hearing; and WHEREAS, additionally said public hearing was advertised by posting notice of hearing at the Courthouse door for more than fifteen (15) days prior to the •hearing; and WHEREAS, said hearing was further advertised by the posting of notice of hearing at three (3) public places in each respective area to be added to the district; and WHEREAS, a public hearing was held at 7:00 p.m. on December 21, 1987 at the County Office. Building pursuant to.N.C.G.5. §69- 25.11. • NOW, THEREFORE, BE IT RESOLVED that the area of the Flat Branch Fire District be increased to include the following three (3) land areas: Area I: BEGINNING at a point (1) on N.C. Highway. #210, 0.9 miles South of the intersection of old N.C. Highway #210. and Shaw Road (Road #1120) [said point being in the original boundary of Flat Branch Fire District and having been designated as point (12) in that description]; thence in an easterly direction to a point (2) at the intersection of Blalock Road (Road #1120) and Elliot Bridge Road (Road #2045) thence in a northeasterly direction as the center line of Elliot Bridge Road (Road #2045) to a point (3) (having been designated point 14 in the original Fire District description) on. Elliot Bridge Road (Road #2045) at its intersection with McArtan Road (Road #2043); thence in a north westerly direction as the original boundary of the Flat Branch Fire District to a point (4) (having been designated point 13 on the original Fire District description).on Shaw Road (Road #1120) 0.6 miles East of its intersection with State Road (Road #2046); thence' as the original boundary of the fire district in a south westerly direction to the point of BEGINNING. Area II: BEGINNING at a point (1) on N.C. Highway 27, 0.5 mile. West of the intersection of N.C. Highway 27 and N.C.S.R. #1130; said point (1) being the point where the . original fire district line crossed N.C. Highway 27; thence in a southwesterly direction as the center line of N.C. Highway 27 to a point (2) at the intersection of N.C. Highway 27 and Nursery Road (Road #1117); thence as the center line. of Nursery Road (Road #1117) to a point (3) at the intersection of Nursery Road (Road #1117) and Darroch Road (Road #1128); thence in a southeasterly direction to a point (4) at the intersection of Senter Road (Road #1125) and Black Road (Road #1126); thence in a southeasterly direction to a point (5) on Blalock Road (Road #1120), 0.9 mile Southwest- of its intersection with old N.C. Highway 210; thence as the original line of the Flat Branch Fire District northwesterly to a point (6) on Senter Road (Road #1125) , 1.6 miles West of its intersection with old N.C. Highway #210; thence again as the original line of the fire . district in a northerly direction to a point (7) on Black Road (Road #1126), 0.9 mile South of its intersection with Darroch Road (Road #1128) (inclusive of all properties on the eastern side of Road #1126); thence again as the original Fire District in a northwesterly direction to a point (8) on Darroch Road (Road #1128), 0.2 mile West of its intersection with Womack Road (Road 01140); thence again as the original Fire District boundary in a northeasterly direction to a point (9) on Clark Road (Road #1129), 1.7 47i 1 miles West of its intersection with Parker Road (Road *1130); thence again as the original Fire District boundary in a northeasterly direction to the point of BEGINNING. Area III: BEGINNING at a point (1) on McLean's Chapel Road (Road *2042) 0.5 miles East of its intersection with Elliot Bridge Road (Road *2045) (having been designated point 15 in the original Fire District description) and running thence in a northeasterly direction as the center line of McLean's Chapel Road (Road *2042) to a point (2) in the line of Flatwoods Fire District which is point (14) in the description of Flatwoods Fire District and is on Pengraph Road (Road *2030) at its intersection with McLean's Chapel Road (Road *2042); thence as the original boundary of the Flat Branch Fire District in a southwesterly direction to a point (3) on Temple Road (Road *2039) 1.6 miles South of its intersection with Pengraph Road (Road *2030); thence in a southwesterly direction as the original boundary of the fire district to the point of BEGINNING. Passed this the 21st day of December, 1987. Votes: AYE 5 NAY 0 Attested: By: HARNETT COUNTY BOARD OF COMMISSIONERS DOCUMENT.NO. 2. NORTH CAROLINA HARNETT COUNTY oyd Stewart, Chairman RESOLUTION WHEREAS, the Board of Directors of the two corporations furnishing fire protection services to Flat Branch Fire District and Flatwoods Fire District have adopted by majority vote a resolution that the boundary between said Districts on the eastern end of the Flat Branch Fire District and the western end of Flatwoods Fire District be relocated to be the center line of RPR 2042; and WHEREAS, the original boundary was an imaginary line several feet Northeast of RPR 2042 and it is difficult to determine what department should respond to a particular call; and WHEREAS, it would be beneficial to have a natural boundary as the line between the two districts; and WHEREAS, pursuant to the request of the Board of Directors of the respective fire districts a public hearing was called for 7:00 p.m., December 21, 1987 to determine whether the line should be relocated between the two districts; and WHEREAS, the two fire districts have in effect the same tax rate for the tax year 1987; and WHEREAS, notice of the public hearings was duly published in a newspaper of general circulation within the districts affected once a week for two consecutive weeks before the public hearing; and WHEREAS, a public hearing was held at 7:00 p.m. on December 21, 1987; 472 DOCUMENT NO. 3. .NOW, THEREFORE BE IT RESOLVED that at all points where the lines of Flat Branch Fire District and Flatwoods Fire District ',join on or near RPR 2042 that the boundary line of said districts be relocated to be the .center line of N.C.S.R. 2042. Passed this the 21st day of December, 1987. AYES: NAYS: This the 21 day of December, 1987. HARNETT COUNTY ' BOARD OF COMMISSIONERS %?J �oyd Stewart, Chairman Attested: C�' Anvv -a,4OJ l ) Vanessa W. Yj4ung,UClerk. NORTH CAROLINA HARNETT COUNTY AGREEMENT This. Agreement, made and entered into this the 21 - day of December , 1987, by and between THOMAS F. SMITH and BILLY B. SURLES; (hereinafter referred to as "DEVELOPER "), . parties of the first part and the NORTHEAST METROPOLITAN WATER DISTRICT OF HARNETT COUNTY, a metropolitan water district organized and existing under the laws of the State of North Carolina (hereinafter referred to as "NORTHEAST METRO ") and the COUNTY OF HARNETT, a body politic organized and existing under the laws of the State of North Carolina (hereinafter referred to as "COUNTY "), parties of the second part. W I T N "E S S E T H: WHEREAS, Developer is the owner of certain tracts or parcels of real estate located in Black River Township, in Harnett County, North Carolina containing approximately 18 acres, and WHEREAS, Developer is developing and subdividing said real estate into a residential community known as Twin Oak Estates; and WHEREAS, Developer desires to construct water distribution . pipelines and related . appurtenances in said residential community and desires to thereafter convey said pipeli nes, along with certain easements and rights of way thereto pertaining, to Northeast Metro and County for the purposes herein expressed; and WHEREAS, County is operating a utility department and is conducting the business of Northeast Metro and . is delivering water services through Northeast Metro waterlines; and WHEREAS, upon conveyance of said pipelines, County and Northeast Metro desire to maintain said water distribution pipelines and related appurtenances and provide water services to said residential community to perform one of their governmental functions; and 47 t; WHEREAS, the parties hereto desire to set forth the various terms of their agreement; NOW THEREFORE, in consideration of the mutual representations, warranties, covenants and agreements contained herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: I. Construction of Pipelines and Related Appurtenances Developer agrees to install and construct the necessary water distribution pipelines and related appurtenances, (hereinafter collectively referred to as water distribution system), to distribute and deliver potable water to individuals living within the residential community described above, upon the following terms and conditions: (1) The entire water distribution system shall be constructed in accordance with the specifications of Northeast Metro and /or County as provided through the County Department of Public Utilities; (2) The said water distribution system shall be approved by the necessary federal and /or state agencies prior to or at the time of completion; (3) Prior to the commencement of the construction and installation of said water distribution system, Developer shall provide the County Department of Public Utilities shop drawings of all materials to be used for construction. II. Planning /Zoning Requrirements Developer agrees that the plans for said residential community and water distribution system shall conform to all federal, state, and /or local ordinances related thereto and agrees to obtain the necessary licenses and /or permits required for the construction thereof. III. Water Distribution System Conveyed Upon completion of the construction of the said water distribution system, and approval and acceptance thereof by Northeast Metro and /or County through the County Department of Public Utilities, Developer agrees to convey by Deed to Northeast Metro and County all water distribution pipelines and related appurtenances, constituting the water distribution system, along with all necessary easements and rights of way (as required by Northeast Metro and /or County through the County Department of Public Utilities) for the complete maintenance and operation thereof. IV. Completed System Drawings Developer agrees to provide Northeast Metro, County and /or the County Department of Public Utilities three (3) entire seta of the drawings of the completed water distribution system as constructed at the time said system is conveyed as provided in Paragraph III above. 4 +' 4 • V. Warranty. A. Developer hereby warrants that the water . distribution system to be constructed by Developer,. -and thereafter conveyed to the parties of the second part as described above, shall be constructed with good material and in a workmanlike manner and shall be properly installed, based upon sound engineering principle- and good workmanship, and shall be . capable of transporting water and related substances in the manner for which it was designed. S. If the said water distribution system shall, within twelve months from the date of acceptance thereof by the parties of the second part, cease to operate as warranted, then the parties of the second part shall cause the system to be corrected and the cost thereof, including material and labor, shall be paid by Developer. _ C. Developer shall and does, insofar as it legally may, hereby assume, and agrees to indemnify and hold harmless- Northeast Metro and County, their successors assigns, from and against all loss, costs, expenses, including attorneys' fees, claims, suits and judgments whatsoever in connection with sickness, injury to or death of any person or persons, or loss of or damage to property caused by or in any way connected with the installation, use or presence of said water distribution system in said residential community, howsoever caused, during said one year warranty period. VI. Operation and Maintenance The parties of the second part, upon conveyance to them of said system, easements and rights of way, as owners of the water distribution system, agree to operate and maintain said distribution system as part of the Northeast Metro water lines as operated by the County Department. of Public Utilities. VII. Water to be Supplied The parties of the second part agree to provide, potable water to those lot owners within said residential community that enter into water user agreements with Northeast Metro and /or County through the Harnett County Department of Public Utilities, upon the terms and conditions of the applicable Rules and. Regulations thereof. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the day and year first above written. ATTErrfl Vanessa W. Youn Cl rk NORTHEAST. METROPOLITAN WATER' DISTRICT OF HARNETT COUNTY. (SEAL) (SEAL) BY:.' f ak //i Charles V. Sikes, Chairman of the Board of Northeast Metropolitan Water District of Harnett County tfi A.yw.aai Vanessa W. Young, Aler DOCUMENT NO. 4. NORTH CAROLINA HARNETT COUNTY BY: COUNTY OF HARNETT L o d tewart, Chairman Harnet County Board of Commissioners AGREEMENT This Agreement, made and entered into this the 21 day of December , 1987, by and between BOBBY JOE REVELS and CARLEY McLEOD, (hereinafter referred to as "DEVELOPER "), parties of the first part and the NORTHEAST METROPOLITAN WATER DISTRICT OF HARNETT COUNTY, a metropolitan water district organized and existing under the laws of the State of North Carolina (hereinafter referred to as "NORTHEAST METRO ") and the COUNTY OF HARNETT, a body politic organized and existing under the laws of the State of North Carolina (hereinafter referred to as "COUNTY "), parties of the second part. W I T N E S S E T H: WHEREAS, Developer is the owner of certain tracts or parcels of real estate located in Black River Township, in Harnett County, North Carolina containing approximately 66 acres; and WHEREAS, Developer is developing and subdividing said real estate into a residential community known as Kinnis Creek Estates; and WHEREAS, Developer desires to construct water distribution pipelines and related appurtenances in said residential community and desires to thereafter convey said pipelines, along with certain easements and rights of way thereto pertaining, to Northeast Metro and County for the purposes herein expressed; and WHEREAS, County is presently operating a public utility department and is conducting the business of Northeast Metro and is delivering water services through Northeast Metro waterlines; and WHEREAS, upon conveyance of said pipelines, County and Northeast Metro desire to maintain said water distribution pipelines and related appurtenances and provide water services to said residential community to perform one of their governmental functions; and WHEREAS, the parties hereto desire to set forth the various terms of their agreement; NOW THEREFORE, in consideration of the mutual representations, warranties, covenants and agreements contained herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 476 I. Construction of Pipelines and Related Appurtenances Developer agrees to install and construct the necessary water distribution pipelines and related appurtenances, (hereinafter collectively referred to as water distribution system), to distribute. and deliver potable water to individuals living within the residential community described above, upon the following terms and conditions: (1) The entire water distribution system shall be constructed in accordance with the specifications of Northeast Metro and /or County as provided through the County Department of Public Utilities;. (2) The said water distribution system shall be approved by the necessary federal and /or state agencies prior to or at the time of completion; (3) Prior to the commencement of the construction and installation of said water distribution system,. Developer shall provide the County Department of Public Utilities shop . drawings of all materials to be used for construction. II. Planning /Zoning Requrirements Developer agrees that the plans for said residential community and water distribution system shall conform to all federal, state, and /or local ordinances related thereto and agrees to obtain the necessary licenses and /or permits required for the construction thereof. III. Water Distribution System Conveyed Upon completion of the construction of the said water distribution systems and approval and acceptance thereof by Northeast Metro and /or County through the County Department of Public Utilities, Developer agrees to convey by Deed to Northeast Metro and County all water distribution pipelines and related appurtenances, constituting the water distribution system, along with all necessary easements and rights of way (as required by Northeast Metro and /or County through the County Department of Public Utilities) for the complete maintenance and operation thereof. IV. Completed System Drawings _ Developer agrees to provide Northeast Metro, County and /or the County Department of Public Utilities three (3) entire sets of the drawings of the completed water distribution system as constructed at the time said system is conveyed as provided in Paragraph III above. V. Warranty. A. Developer hereby warrants that the water distribution system to be constructed by Developer, and thereafter conveyed to the parties of the second part as described above, shall be constructed with good material and in a workmanlike manner and shall be property installed, based upon sound engineering principles and good workmanship, and shall be capable of transporting water and related substances in the manner for which it was designed. 4'7 ? B. If the said water distribution system shall, within twelve months from the date of acceptance thereof by the parties of the second part, cease to operate as warranted, then the parties of the second part shall cause the system to be corrected and the cost thereof, including material and labor, shall be paid by Developer. C. Developer shall and does, insofar as it legally may, hereby assume, and agrees to indemnify and hold harmless Northeast Metro and County, their successors and assigns, from and against all loss, coats, expenses, including attorneys' fees, claims, suits and judgments whatsoever in connection with sickness, injury to or death of any person or persons, or loss of or damage to property caused by or in any way connected with the installation, use or presence of said water distribution system in said residential community, howsoever caused, during said one year warranty period. VI. Operation and Maintenance The parties of the second part, upon conveyance to them of said system, easements and rights of way, as owners of the water distribution system, agree to operate and maintain said distribution system as part of the Northeast Metro water lines as operated by the County Department of Public Utilities. VII. Water to be Supplied The parties of the second part agree to provide potable water to those lot owners within said residential community that enter into water user agreements with Northeast Metro and /or County through the Harnett County Department of Public Utilities, upon the terms and conditions of the applicable Rules and Regulations thereof. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the day and year first above written. LI',�9� R Bobby Jo evels (1I-A+-4, -m -:� � a rle .�ff Carley c Le od NORTHEAST METROPOLITAN WATER DISTRICT OF HARNETT COUNTY (SEAL) (SEAL) BY: atAt.D. Y- //w Charles V. r es, Chairman of the Board of Northeast Metropolitan Water District of Harnett County ATTEST: BY COUNTY OF HARNETT 1 Al d/i^., L�6 d S'ewar[, Chairman Harnet County Board of Commissioners Vanessa W. Youn Cljrk x478 DOCUMENT NO. 5. RESOLUTION AUTHORIZING EXECUTION OF WATER PURCHASE CONTRACT WITH NORTHWEST 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 Northwest 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 this. 21 day of December, 1987, upon motion made by Commissioner Rudy Collins , seconded by Commissioner Mack Reid Hudson and passed by the following vote: Ayes 5 Noes 0 ATTEST: Vanessa W. Young, Cl C1 rk NORTH CAROLINA HARNETT COUNTY Absent 0 Abstained HARNETT COUNTY BOARD OF COMMISSIONERS Bv: I 'L ° /�, y G. Stewart, Chairman EXHIBIT A WATER PURCHASE CONTRACT THIS CONTRACT for the sale and purchase of water is entered into as of the _ day of , 19, between the NORTHEAST METROPOLITAN WATER DISTRICT OF HARNETT COUNTY (hereinafter "Northeast Metro "), and the COUNTY OF HARNETT (hereinafter "County "), said Northeast Metro and County shall be collectively referred to herein as "Seller" and the NORTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY, (hereinafter "Purchaser ") W I T N E S S E T H: THAT WHEREAS, the Purchaser 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 23, 1987 and adopted by the Harnett County- Board of Commissioners entitled "Resolution Creating the Northwest 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 4'11 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 WHEREAS, by Resolution entitled "Resolution Authorizing Execution of Water Purchase Contract with the Northwest 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 , 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 Northwest Water and Sewer District of Harnett County ", duly adopted by the Harnett County Board of Commissioners at its meeting on , the sale of said water to the Purchaser as provided herein was approved, and the execution of this contract by County was duly authorized; and WHEREAS, by Resolution 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 Northwest Water and Sewer District of Harnett County at its meeting on , 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 ten million, five hundred thousand (10,500,000) gallons per month. 2. (Point of Delivery and Pressure) That water will be furnished at a reasonable constant pressure calculated at fifty (50) pounds per square inch from an existing sixteen (16) inch main supply at a point located at or near the intersection of North Carolina Highway 210 and State Road 1403 within a waterline and /or related appurtenance easement to be acquired by Purchaser. If a greater pressure than that normally available 48o 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 corresponding period immediately prior to the failure, unless Seller and Purchaser shall agree upon a different amount. The metering equipment shall be read on the first day of each month. An appropriate official of the Purchaser at all reasonable times shall have. access to the meter for the purpose of verifying its readings. 4. (Billing Procedure) To furnish the Purchaser not later than the fifth (5) day of each month, with an itemized statement of the amount of water furnished the Purchaser during the preceding month. B. THE PURCHASER AGREES: 1. (Rates and Payment Date) To pay the Seller, not later than the tenth (10) day of each month, for water delivered in accordance with the following schedule of rates: a. One thousand five hundred fifteen dollars ($1,515.00) for the first one million five hundred (1,500,000) 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 one million five hundred (1,500,000) 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 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 delivered 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 Northwest Water and. Sewer District: 48 J. 3. (Maintenance of Certain Lines) To maintain all water distribution pipelines 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 Northwest 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. 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 reasonable 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 diminished. 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. Such costs shall not include increased capitalization of the Seller's water distribution system except as such costs relate directly to increasing the capacity of services to the Purchaser. Such costs 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. (Future Water Transmission and Connection) In the event County and /or Northeast Metro elect to supply and sell water to any customers or other water distribution systems located outside of the boundaries of the Northwest Water and Sewer District of Harnett County and desire to do so by connecting to and transporting water .through the water distribution system of Purchaser, it is agreed that County and /or Northeast Metro may, at no cost to either, connect to and transport water through the 482 water distribution system of Purchaser for the purpose of suppling and selling water to customers or other water distribution systems outside of the Northwest Water and Sewer District, whether within the County of Harnett or otherwise. In the event County and /or Northeast Metro should elect to supply and sell water as stated herein, County and /or Northeast Metro shall cause a meter to be installed at the connection point and the cost thereof shall not be borne by Purchaser. 7. (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. 8. (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. 9. (Successor to the Purchaser) That in the event of any occurrence rendering the Purchaser incapable of performing under this contract, any successor of the Purchaser, whether the result of legal process, assignment, or otherwise, shall succeed to the rights of the Purchaser hereunder. 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.. By: (SEAL) NORTHEAST METROPOLITAN WATER DISTRICT OF HARNETT COUNTY C aules V. 'i e Chairman of the District Board COUNTY OF HARNETT �. Stewart,.Cha rman Harnett County Board of Commissioners (SEAL) By: NORTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY Lloyd G Stewart, Chairman of the Harnett County Board of Commissioners sitting as the governing body of the Northwest Water and Sewer District of Harnett County est: A�v�aaA aJ W , Vanessa W. Young, C1 (SEAL) 483 1 DOCUMENT •NO . 6. RESOLUTION AUTHORIZING EXECUTION OF WATER PURCHASE CONTRACT WITH WEST 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 West 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 this 21 day of December, 1987, upon motion made by Commissioner Rudy Collins , seconded by CommissionerMack Reid Hudson and passed by the following vote: Ayes $ Noes 0 Absent 0 Abstained 0 HARNETT COUNTY BOARD OF COMMISSIONERS ATTEST: Vanessa W. Young, NORTH CAROLINA HARNETT COUNTY lerk By: EXHIBIT A loy Stewart, WATER PURCHASE CONTRACT Chairman THIS CONTRACT for the sale and purchase of water is entered into as of the _ day of , 19, between the NORTHEAST METROPOLITAN WATER DISTRICT OF HARNETT COUNTY (hereinafter "Northeast Metro "), and the COUNTY OF HARNETT (hereinafter "County "), said Northeast Metro and County shall be collectively referred to herein as "Seller" and the WEST CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, (hereinafter "Purchaser ") W I T N E S S E T H: THAT WHEREAS, the Purchaser 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 dated July 21, 1986 and adopted by the Harnett County Commissioners entitled "Resolution Creating the West Central Sewer District of Harnett County "; and WHEREAS, Northeast Metro is a metropolitan water district and existing under the laws of the State of North Carolina; and WHEREAS, County is a body politic organized and existing laws of the State of North Carolina; and Resolution Board of Water and organized under the 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 WHEREAS, by Resolution entitled "Resolution Authorizing Execution of Water Purchase Contract with the West 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,. , 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 West Central Water and Sewer District of Harnett County ", duly adopted by the Harnett County Board of Commissioners at its meeting on , the sale of said water to the Purchaser as provided herein was approved, and the execution of this contract by County was duly authorized; and WHEREAS, by Resolution 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. West Central Water and Sewer. District of Harnett County at its meeting on , 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 seven million, five hundred. thousand (7,500,000) gallons per month. 2. (Point of Delivery and Pressure) That water will be furnished at a reasonable constant pressure calculated at forty (40) pounds per square inch from an existing eight (8) inch main supply at a point located at or near Tank No. 5 of the Northeast Metro system which said tank is located adjacent to State Road 1291 (Old U.S. Highway 421) within a waterline and /or related appurtenance easement to be acquired by Purchaser. 486 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 corresponding period immediately prior to the failure, unless Seller and Purchaser shall agree upon a different amount. The metering equipment shall be read on the first day of each month. An appropriate official of the Purchaser at all reasonable times shall have access to the meter for the purpose of verifying its readings. 4. (Billing Procedure) To furnish the Purchaser not later than the fifth (5) day of each month, with an itemized statement of the amount of water furnished the Purchaser during the preceding month. B. THE PURCHASER AGREES: 1. (Rates and Payment Date) To pay the Seller, not later than the tenth (10) day of each month, for water delivered in accordance with the following schedule of rates: a. Seven hundred fifty seven dollars and fifty cents ($757.50) for the first seven hundred fifty thousand (750,000) 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 seven hundred fifty thousand (750,000) 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 I 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 delivered 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 West Central Water and Sewer District. 486 3. (Maintenance of Certain Lines) To maintain all water distribution pipelines 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 West 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. 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 reasonable 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 diminished. 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. Such costs shall not include increased capitalization of the Seller's water distribution system except as such costs relate directly to increasing the capacity of services to the Purchaser. Such costs 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. (Future Water Transmission and Connection) In the event County and /or Northeast Metro elect to supply and sell water to any customers or other water distribution systems located outside of the boundaries of the West. Central Water and Sewer District of Harnett County and desire to do so by connecting to and transporting water through the water distribution system of Purchaser, it is agreed that County and /or Northeast Metro may, at no cost to either, connect to and transport water 48? through the water distribution system of Purchaser for the purpose of suppling and selling water to customers or other water distribution systems outside of the West Central Water and Sewer District, whether within the County of Harnett or otherwise. In the event County and /or Northeast Metro should elect to supply and sell water as stated herein, County and /or Northeast Metro shall cause a meter to be installed at the connection point and the cost thereof shall not be borne by Purchaser. 7. (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. 8. (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. 9. (Successor to the Purchaser) That in the event of any occurrence rendering the Purchaser incapable of performing under this contract, any successor of the Purchaser, whether the result of legal process, assignment, or otherwise, shall succeed to the rights of the Purchaser hereunder. 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 t: 1'/� ALw Aao / W • '?/ Vanessa W. Young,( Cle k (SEAL) Atte : wQ-aa.., W Vanessa W. Young, C (SEAL) rk NORTHEAST METROPOLITAN WATER DISTRICT OF HARNETT COUNTY By: Y„ ti V. Si es Chairman of the District Board By: COUNTY OF HARNETT L oy G. Ste art, Chairman Harnett ounty Board of Commissioners 488 THE BOARD OF COMMISSIONERS FOR THE DOCUMENT NO. 7. • COUNTY OF HARNETT, NORTH .CAROLINA The Board of Commissioners for the County of Harnett, North Carolina, met in regular session at the Harnett County Office Building in Lillington, North Carolina, the regular place of meeting at Lillington,.on December 21 , 1987. Present: Chairman Stewart Collins, Hudson, and Smith presiding and Commissioners Shaw Absent: hone * * Commissioner Smith Introduced the following resolution which read: RESOLUTION OF INTENTION OF BOARD OF COMMISSIONERS FOR THE COUNTY OF HARNETT TO BECOME A MEMBER OF THE NORTH CAROLINA INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY WHEREAS, the North Carolina General Assembly has enacted the North Carolina Industrial and Pollution Control Facilities Federal Program Financing Act, Chapter 159D of the North Carolina General Statutes, as amended (the "Act ") which provides for the creation of a political subdivision and body corporate of the State of North Carolina called "The North Carolina Industrial Facilities and Pollution Control Financing Authority" (the "Authority ") and empowers the Authority with the powers set forth in the Act; WHEREAS, Section 159D -4(a) of the Act provides that two or more counties of the State are authorized to create by resolution the Authority and it has come to the attention of the Board of Commissioners for the County of Harnett (the "Board ") that certain counties have, pursuant to said Section 159D -4(a), adopted resolutions providing for the creation of the Authority; WHEREAS, the Board has determined that it is in the best interest of the County of Harnett to become a member of the Authority; WHEREAS, Section 159D -4(b) of the Act provides that after the creation of the Authority, any county may become a member thereof upon application to the Authority after adoption of a resolution by the governing body of the county determining that it is in the best Interest of the county to become a member of the Authority and authorizing said county to participate; NOW THEREFORE, be it resolved by the Board of Commissioners for the County of Harnett, North Carolina: Section 1. The Board hereby finds and approves the matters hereinabove set forth. Section 2. The Board authorizes the County of Harnett to participate in the Authority and hereby directs that an application be filed with the Authority for membership in the Authority. Section 3. Toni Meece Is hereby appointed by the Board as the Commissioner of the Authority for the County of Harnett, and shall serve at the pleasure of the Board and may be removed, with or without cause, by the Board, and such Commissioner before entering upon his duties shall take and subscribe to an oath before some person authorized by law to administer oaths to execute the duties of his office faithfully and impartially, and a record of such oath shall be filed with the Clerk to the Board and spread upon its minutes. Section 4. The Clerk to the Board is hereby authorized to execute and deliver a certified copy of this resolution to the Authority and to the North Carolina Local Government Commission. The Clerk, the Commissioner appointed to the Authority and the officers of the Board and employees of the County are hereby authorized to do all things necessary to carry forward the purposes of this resolution. Section 5. This resolution shall take effect immediately upon its passage. PASSED AND ADOPTED, this 21 st day of December, 1987. Commissioner Hudson moved passage of the foregoing resolution entitled: "RESOLUTION OF INTENTION OF BOARD OF COMMISSIONERS FOR THE COUNTY OF HARNETT TO BECOME A MEMBER OF THE NORTH CAROLINA INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY" and Commissioner seconded the motion, and the resolution was passed by the following vote: Ayes: Commissioners Stewart, Shaw, Collins, Hudson, and Smith Noes: Commissioners Absent: none I Vanessa W. Young , Clerk to the Board of Commissioners for the County of Harnett, North Carolina, DO HEREBY CERTIFY, that the foregoing is a true and complete copy of a resolution of the Board of Commissioners for said County adopted at a meeting held at Lillington on December 21 , 1987. I DO HEREBY FURTHER CERTIFY, that a schedule of regular meetings for said Board, stating that regular meeting are held on the first and third Mondays of each month in the Commissioners' meeting room of the Harnett County Office Building in Lillingtion, North Carolina has been on file in my office pursuant to C.S. 143 - 318.12 as for date not less than seven days before said meeting. WITNESS, my hand and the official seal of the County of Harnett, North Carolina this 21 day of December, 1987. none (SEAL)