HomeMy WebLinkAbout0118198269t
HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, JANUARY 25, 1982
The Harnett County Board of Commissioners met in regular session
on Monday, January 18, 1982, in the Commissioners Room, County
Office Building, Lillington, North Carolina, with the following
members present: M. H. Brock, Lloyd G. Stewart, Bill Shaw, Rudy
Collins, and Chairman Jesse Alphin presiding. Vanessa W. Young,
Clerk to the Board, and Edward H. McCormick, County Attorney,
were also present.
CALL TO ORDER Chairman Jesse Alphin called the meeting to order at 7:40 p.m.
PRAYER Commissioner Rudy Collins led the evening prayer.
MINUTES APPROVED The minutes from the Harnett County Board of Commissioners meeting
of January 4, 1982, were approved as read.
BOARD OF ELECTIONS Virginia Warren, Supervisor of the Harnett County Board of
VOTING MACHINE Elections Office, appeared before the Board and presented a reques
TRAINING from the Board of Elections to purchase an additional voting ma-
chine to use as a back -up and to count absentee ballots. Mrs.
Warren explained that the County only has 22 voting machines at
the present time, which is one machine for each of the precincts.
By having only one machine per precinct, it causes a real problem
if one of the machines should breakdown. Mrs. Warren also informe
the Commissioners that the Board of Elections would like to
purchase a programmer. At the present time, the Board of Election
office is borrowing a programmer from Smithfield. The final
request from the Board of Elections was to appropriate the neces-
sary funds to send a person to the factory in California to be
trained to repair the machines. Following a discussion of this
matter, Commissioner Shaw made a motion that the County appropriat
$696 to send Ms. Warren to be trained and that the County purchase
one new voting machine to use as a back -up and to count absentee
ballots. Commissioner Collins seconded the motion and it carried
with a unanimous vote.
BUDGET AMENDMENT Commissioner Brock made a motion that the Board of Elections Budge
BOARD OF ELECTIONS Code 430 -074, be increased by $4,550 to purchase a new voting
machine and to send Mrs. Warren to California for training and tha
Special Appropriations, Code 690 -200, be decreased by $4,550.
Commissioner Shaw seconded the motion and it carried.
ENGINEERING AGREE- Commissioner Collins made a motion that the following agreement
MENT, BUIES CREEK for engineering services between Moore, Gardner & Associates, Inc.,
COATS W & S DISTRICT and the Buies Creek -Coats Wastewater District of Harnett County
be adopted. Upon second by Commissioner Brock, the agreement
was unanimously adopted:
This Agreement, made this Eighteenth (18th) day of January, 1982, by and
between Buies Creek -Coats Wastewater District of Harnett County, hereafter
referred to as the OWNER, and Moore, Gardner & Associates, Inc., hereinafter
referred to as the ENGINEER:
THE OWNER intends to construct a Wastewater Collection System within the
Buies Creek -Coats Wastewater District of Harnett County in Harnett County,
State of North Carolina, which may be paid for in part with financial assistanc
from the United States of America acting through the Farmers Home Administratio
of the United States Department of Agriculture, hereinafter referred to as
FmHA, pursuant to the consolidated Farm and Rural Development Act, (7 U.S.C.
1921 et seq.) and for which the ENGINEER agrees to perform the various
professional engineering services for the design and construction of said
system.
WITNESSETH:
That for and in consideration of the mutual covenants and promises between
the parties hereto, it is hereby agreed:
SECTION A - ENGINEERING SERVICES
The ENGINEER shall furnish engineering services as follows:
1. The ENGINEER will conduct preliminary investigations, prepare preliminary
drawings, provide a preliminary itemized list of probable construction
costs effective as of the date of the preliminary report, and submit a
preliminary engineering report following FmHA instructions and guides.
2. The ENGINEER will furnish 10 copies of the preliminary engineering report,
and layout maps to the OWNER.
3. The ENGINEER will attend conferences with the OWNER, representatives of
FmHA, or other interested parties as may be reasonably necessary.
4. After the preliminary engineering report has been reviewed and approved
by the OWNER and by FmHA and the OWNER directs the ENGINEER to proceed,
62
the ENGINEER will perform the necessary design surveys, accomplish the detailed design
of the project, prepare construction drawings, specifications and contract documents,
and prepare a final cost estimate based on the final design for the entire system. It
is also understood that if subsurface explorations (such as borings, soil tests, rock
soundings, and the like) are required, the ENGINEER will furnish coordination, of
said explorations without additional charge, but the costs incident to such exploratio
shall be paid for by the OWNER as set out in Section D hereof.
5. The contract documents furnished by the ENGINEER under Section A -4 shall utilize
FmHA- endorsed construction contract documents, including FmHA Supplemental General
Conditions, Contract Change Orders, and partial payment estimates. All of these
documents shall be subject to FmHA approval. Copies of guide contract documents
may be obtained from FmHA.
6. Prior to the advertisement for bids, the ENGINEER will provide for each construction
contract, not to exceed 10 copies of detailed drawings, specifications, and contract
documents for use by the OWNER, appropriate Federal, State, and local agencies from
whom approval of the project must be obtained. The cost of such drawings, specifica-
tions, and contract documents shall be included in the basic compensation paid to -the
ENGINEER.
7. The ENGINEER will furnish additional copies of the drawings, specifications and
contract documents as required by prospective bidders, material suppliers, and other
interested parties, but may charge them for the reasonable cost of such copies.
Upon award of each contract, the ENGINEER will furnish to the OWNER five sets of the
drawings, specifications, and contract documents for execution. The cost of these
sets shall be included in the basic compensation paid to the ENGINEER. Orginal docu-
ments, survey notes, tracings, and the like, except those furnished to the ENGINEER
by the OWNER, are and shall remain the property of the ENGINEER.
8. The drawings prepared by the ENGINEER under the provisions of Section A -4 above shall
be in sufficient detail to permit the actual location of the proposed improvments
on the ground. The ENGINEER shall prepare and furnish to the OWNER without any
additional compensation, three copies of a map(s) showing the general location of
needed construction easements and peLmanent easements and the land to be acquired.
Property surveys, property plats, property descriptions, abstracting and negotiations
for land rights shall be accomplished by the OWNER, unless the OWNER requests, and
the ENGINEER agrees to provdethose services. In the event the ENGINEER is requested
to provide such services, the ENGINEER shall be additionally compensated as set out
in SECTION D hereof.
9. The ENGINEER will attend the bid opening and tabulate the bid proposals, make an
analysis of the bids, and make recommendations for awarding contracts for construction.
10. The ENGINEER will review and approve, for conformance with the design concept, any
necessary shop and working drawings furnished by contractors.
11. The ENGINEER will interpret the intent of the drawings and specifications to protect
the OWNER against defects and deficiencies in construction on the part of the
contractors. The ENGINEER will not, however, guarantee the performance by any contract
or.
12. The ENGINEER will establish baselines for locating the work together with a suitable
number of bench marks adjacent to the work as shown in the contract documents.
13. The ENGINEER will provide general engineering review of the work of the contractors as
construction progresses to ascertain that the contractor is conforming with the design
concept.
14. Unless notified by the OWNER in writing that the OWNER will provide for resident
inspection, the ENGINEER will provide resident construction inspection. The
ENGINEER'S undertaking hereunder shall not relieve the contractor of contractor's
obligation to perform the work in conformity with the drawings and specifications and
in a workmanlike manner; shall not make the ENGINEER an insurer of the contractor's
performance; and shall not impose upon the ENGINEER any obligation to see that the
work is performed in a safe manner.
15. The ENGINEER will cooperate and work closely with FmHA representatives.
16. The ENGINEER will review the contractor's applications for progress and final payment
and, when approved, submit same to the OWNER for payment.
17. The ENGINEER will prepare necessary contract change orders for approval of the OWNER,
FmHA, and others on a timely basis.
r', 3
18. The ENGINEER will make a final review prior to the issuance of the statement of sub-
stantial completion of all construction and submit a written report to the OWNER
and FmHA. Prior to submitting the final pay estimate, the ENGINEER shall submit a
statement of completion to and obtain the written acceptance of the facility from
the OWNER and FmHA.
19. The ENGINEER will provide the OWNER with one set of reproducible record (as- built)
drawings, and two sets of prints at no additional cost to the OWNER. Such drawings
will be based upon construction records provided by the contractor during construction
and reviewed by the resident inspector and from the resident inspector's construction
data.
20. It State statutes require notices and advertisements of final payment, the ENGINEER
shall assist in their preparation.
21. The ENGINEER will be available to furnish engineering services and consultations
necessary to correct unforeseen project operation difficulties for a period of one year
after the date of statement of substantial completion of the facility. This service
will include instruction of the OWNER in initial project operation and maintenance but
will not include supervision of normal operation of the system. Such consultation
and advice shall be furnished without additional charge except for travel and
subsistence costs. The ENGINEER will assist the OWNER in performing a review of
the project during the llth month after the date of the certificate of substantial
completion.
22. The ENGINEER further agrees to obtain and maintain, at the ENGINEER'S expense, such
insurance as will protect the ENGINEER from claims under the Workman's Compensation Act
and such comprehensive general liability insurance as will protect the OWNER and the
ENGINEER from all claims for bodily injury, death, or property damage which may arise
from the performance by the ENGINEER or by the ENGINEER'S employees of the ENGINEER's
functions and services required under this Agreement.
23. The services called for in the Section A -1 and A -2 of this Agreement shall be completed
and the report submitted within Sixty (60) calendar days from the date of authorization
to proceed. After acceptance by the OWNER and FmHA of the Preliminary Engineering
Report and upon written authorization from the OWNER, the ENGINEER will complete final
plans, specifications and contract documents and submit for approval of the OWNER,
FmHA and all State regulatory agencies within Two Hundred Seventy (270) calendar days
from the date of authorization unless otherwise agreed to by both parties.
If the above is not accomplished within the time period specified, this Agreement may
be terminated by the OWNER. The time for completion will be extended by the OWNER
for a reasonable time if completion is delayed due to unforeseeable causes beyond the
control and without the fault or negligence of the ENGINEER.
SECTION B - COMPENSATION FOR ENGINEERING SERVICES
1. The OWNER shall compensate the ENGINEER for preliminary engineering services in the
sum of thirty -three Hundred Dollars ($3,300.00) after the review and approval of
the preliminary engineering report by the OWNER and FmHA.
2. The OWNER shall compensate the ENGINEER for design and contract administration engineer-
ing services in the amount of: (Select (a) or (b))
(a) Three Hundred Eight Thousand Dollars ($308,000) or
(b) As shown in Attachment 1
When Attachment 1 is used to establish compensation for the design and contract
administration services, the actual construction costs on which compensation is
determined shall exclude legal fees, administrative costs, engineering fees, land
rights, acquisition costs, water costs, and interest expense incurred during the
construction period.
3. The compensation for preliminary engineering services, design and contract administra-
tion services shall be payable as follows:
(a) A sum which equals seventy (70 %) of the compensation payable under Section B -1 and
2, after completion and submission of the construction drawings, specifications,
cost estimates, and contract documents, and the acceptance of the same by OWNER
and FmHA.
(b) A sum which, together with the compensation provided in Section B -3 -(a) above,
equals eighty percent (80 %) of the compensation payable immediately after the
contracts are awarded.
(c) A sum equal to fifteen percent (15 %) of the compensation will be paid on a monthly
basis for general engineering review of the contractor's work during the
construction period on percentage ratios identical to those approved by the
ENGINEER as a basis upon which to make partial payments to the contractor(s).
However, payment under this paragraph and of such additional sums as are due the
ENGINEER by reason of any necessary adjustments in the payment computations will
be in an amount so that the aggregate of all sums paid to the ENGINEER will equal
ninety -five (95 %) of the compensation. A final payment to equal 100 percent shall
TC
694
be made when it is determined that all services required by this Agreement have been
completed except for the services set forth in Section A -21 hereof.
SECTION C - COMPESNATION FOR RESIDENT INSPECTION AS SET
FORTH IN SECTION A -14
When the ENGINEER provides resident inspection, the ENGINEER will, prior to the
preconstruction conference, submit a resume of the resident inspector's qualifications
anticipated duties and responsibilities for approval by the OWNER and FmHA. The
OWNER agrees to pay the ENGINEER for such services in accordance with the schedule
set out in Attachment 1. The ENGINEER will render to OWNER for such services an
itemized bill, once each month, for compensation for such services performed hereunder
during such period, the same to be due and payable by the OWNER to the ENGINEER on or
before the 10th day of the following period. Under normal construction circumstances,
and for the proposed construction period of 540 days, the cost of resident inspection
is estimated to be $85,500.00.
SECTION D-- ADDITIONAL ENGINEERING SERVICES
In addition to the foregoing being performed, the following services may be
provided UPON PRIOR WRITTEN AUTHORIZATION OF THE OWNER and written approval of FmHA.
1. Site surveys for water treatment plants, sewage treatment works, dams, reservoirs,
and other similar special surveys as may be required. -
2. Laboratory tests, well tests, borings, specialized geological, soils, hydraulic,
or other studies recommended by the ENGINEER.
3. Property surveys, detailed description of sites, maps, drawings, or estimates
related thereto; assistance in negotiating for land and easement rights.
4. Necessary data and filing maps for water rights, water adjudication, and
litigation.
5. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER
and FmHA, except redesigns to reduce the project cots to within the funds
available.
6. Appearances before courts or boards on matters of litigation or hearings related
to the project.
7. Preparation of environment impact assessments or environmental impact statements.
8. Performance of detailed staking necessary for construction of the project in
excess of the control staking set forth in Section A -12.
9. The ENGINEER further agrees to provide the operation and maintenance manual for
facilities when required for $V /A.
Payments for the services specified in this Section D shall be as agreed in
writing`_;', between the OWNER and approved by FmHA prior to commencement of the work.
Barring unforeseen circumstances, such payment is estimated not to exceed
$ See Sec. F -6 . The ENGINEER will render to OWNER for such services an
itemized bill, separate from any other billing, once each month, for compensation
for services performed hereunder during such period, the same to be due and payable
by OWNER to the ENGINEER on or before the 10th day of the following period.
SECTION E - INTEREST ON UNPAID SUMS
If OWNER fails to make any payment due ENGINEER within 60 days for services and
expenses and funds are available for the project then the ENGINEER shall be entitled
to interest-at the rate of Twelve (12) percent per annum from said 60th day, not to
exceed an annual rate of 12 percent.
SECTION F - SPECIAL PROVISIONS
1. Section B -3(a) Compensation shall not exceed 70% as stated for submission
but the Engineer may invoice the owner monthly for a percentage of design work
completed.
2. Section B - 3 (b) - Stated sum of eighty percent (80 %) is payable immediately
following receipt of written discussion of bidding and recommendations for
award of construction contracts.
3. Section B - 3 (c) - Stated five percent (5 %) retainage shall not be applicable
to this agreement.
4. Section C - If normal construction is not completed within the time as stated in
Section C, or if the Engineer is required to provide more than one resident
inspector, the engineer shall be compensated for any additional residential
inspection services as a per diem rate of 2.5 times total salary cost plus direct
expenses. (Time extension because of additional work added during construction is
excluded from this special provision.)
5. Section D -5 - This item to be restated as follows:
"Redesigns approved by the Owner and FmHA which are determined necessary as a result of
no fault of the Engineer, including redesigns to reduce the cost to within the funds
available."
6. Scope of additional services needed under Section D cannot be determined at this time.
Basis for compensation shall be a per diem rate of 2.5 times total salary cost plus
direct expenses.
SECTION G - APPROVAL BY FmHA
This Agreement shall not become effective until approved by FmHA. Such approval shall
be evidenced by the signature of a duly authorized representative of FmHA in the space
provided at the end of this Agreement. The approval so evidenced by FmHA shall in no
way commit FmHA to render financial assistance to the OWNER and is without liability
for any payment hereunder, but in the event such assistance is provided, the approval
shall signify that the provisions of this Agreement are consistent with the requirements
of FmHA.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their
duly authorized officials, this Agreement in duplicate on the respective dates indicated
below.
ATTEST: OWNER:
s/ Vanessa W. Young BY s/ Jesse Alphin
Clerk to the Board Jesse Alphin, Chairman
Harnett County Board of Commissioners
ATTEST: Jared V. Moore
Assistant Secretary
APPROVED:
Farmers Home Administration
E -Upon motion of Commissioner
the following legal services
LEGAL AGREE
RE:
BUIES CREEK
COATS W &
S
NORTH CAROLINA
HARNETT COUNTY
ENGINEER:
BY: James F. Bivins
Vice President
Moore, Gardner & Associates
Collins, seconded by Commissioner Brock
agreement was unanimously adopted:
LEGAL SERVICES AGREEMENT
This agreement made this 18th day of January, 1982, between Buies Creek -Coats
Water and Sewer District of Harnett County hereinafter referred to as "Owners," and
Edward H. McCormick, Attorney at Law, of Harnett County, hereinafter referred to as
"Attorney ":
WHEREAS, Owners have formed a County Water and Sewer District, a "Body corporate
and politic" in Harnett County, North Carolina, under the provisions of Article 6, Chapter
162A, General Statutes of North Carolina; and
WHEREAS, pursuant to N.C.G.S. 162A -89, the Board of Commissioners of Harnett County
is the governing body of the District;
WHEREAS, the Attorney has agreed to perform all legal services necessary to organize
said District under the provisions of said statutes and to perform all other customary
legal services necessary to the organization, financing, construction, and initial
operation of a sewer system; and
WHEREAS, this contract is in the form required by Farmers Home Administration and
has been adapted from FmHA instruction 1942 -A.
WITNESSETH:
That for and in consideration of the mutual convenants and promises between the
parties hereto, it is hereby agreed:
1. Supervision and assistance in the taking of such actions as may be necessary or
incidental to cause the Owners to become duly organized and to be authorized to
undertake the proposed system.
2. Furnish advice and assistance to the governing body of the District in
connection with (a) the notice for and conduct of meetings: b) the preparation
of minutes of meetings (dr review); (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 prepara-
tion 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 in-
sured 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; (i) such other corporate action as may
be necessary in connection with the financing, construction, and initial
operation of the system.
3. Review of construction contracts, bid - letting procedure, and surety and
contractual bonds in connection therewith.
4. Preparation, negotiation, or review of contract with a city or other 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 therefor; 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.
8. 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. The Attorney shall pay all bond counsel in perfecting the
financing aspects, e.g., assessment procedures and completion of documents.
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 - COMPENSATION
1. Owners will pay to the Attorney, or to the County of Harnett is prepaid by
the County, for professional services rendered in accordance herewith, fees
as follows:
At the rate approved for the County Attorney of Harnett County, this currently
being $40.00 per hour;
Said fees to be payable in the following manner and at the following times:
To the County to reimburse.the County for all fee advanced to organize the
District and carry out this contract; directly to the Attorney and as the
same shall become due from month to month, when funds become available to
the District.
Authorized on this the 18th day of January, 1982, by the Board of Commissioners
of Harnett County, the governing Board of the District.
BOARD OF COMMISSIONERS OF HARNETT COUNTY
ACTING FOR AND IN BEHALF OF THE BUIES CREEK -
COATS WATER 'AND SEWER DISTRICT OF HARNETT
COUNTY
s/ Jesse Alphin
Chairman, Harnett County Board- of' Commissioneis
BUDGET AMENDMENT Commissioner Brock made a motion that Code 10 -500 -015, Public
PUBLIC BUILDINGS Buildings, Maintenance & Repairs, be increased by $2,000, to
reflect revenues received from Northeast Metropolitan Water District
for its share of the HVAC contract with Johnson Controls. Commis-
sioner Shaw seconded the motion and it carried.
MAINTENANCE &
OPERATIONS AGREE-
MENT WITH THE
TOWN OF ERWIN
Upon motion of Commissioner Brock, seconded by Commissioner Stewart,
the following Maintenance and Operation Agreement between the
County of Harnett and the Town of Erwin was unanimously adopted.
Commissioner Stewart seconded the motion and it passed with a
unanimous vote:
HARNETT COUNTY
NORTH CAROLINA
MAINTENANCE & OPERATION AGREEMENT
This Contract, made this day of , 1982, by and
between the County of Harnett, North Carolina, a body politic, hereinafter
referred to as "County ", party of the first part and Town of Erwin, North
Carolina, a municipal corporation, party of the second part, hereinafter
referred to as "Town ";
W I T N E S S E T H
That, whereas, it is the intention of the parties to this agreement to
provide for Town to undertake the operation and maintenance responsibilities
for the section of the Harnett County Water System lying south of Town, and
serving an area outside the Corporate Limits of Town, more particularly
described as follows:
"Beginning at the Southwest corner of the Town of Erwin's Corporate Limits,
said point being approximately 500 feet North of the center line of NC
Highway No. 217; thence in a Southwesterly direction 2000 feet with
NC Highway No. 217 500 feet North of and parallel thereto to the Northeast
bank of the Cape Fear River; thence in a Southeasterly direction 700 feet
crossing NC Highway No. 217 and at a right angle to a point; said point
being 200 feet Southeast of NC Highway No.217 on the Northeast bank of the
Cape Fear River; thence with NC Highway No. 217 approximately 1200 feet in
a Northeasterly direction 200 feet from and parallel to said Highway to a
point 200 feet South of the intersection of NC Highway No. 217 and NC
Secondary Road No. 1723; thence in an Easterly direction with NC Secondary
Road No. 1723 along a line 250 feet South of and parallel thereto for a
distance of 1150 feet to a point at the intersection of NC Secondary Road
no. 1723 and NC Secondary Road No. 1775; thence in a Southerly direction
along a line 300 feet from and parallel to NC Secondary Road No. 1775 for a
distance of 600 feet to a point; thence in an Easterly direction at right
angle to and crossing N. C. Secondary Road No. 1775 for a distance of
approximately 800 feet to a point in the centerlimof NC Highway No. 82;
thence along a line parallel with and 700 feet from NC Highway No. 82 for
a distance of approximately 200 feet to a point in the Southern Corporate
Limits line of Town of Erwin, said point being approximately 800 feet South
of the intersection of NC Highway No. 82 and Post Road; thence along the
Southern Corporate Limits line of Town of Erwin in a Westerly direction
approximately 3500 feet to the point of beginning."
The water system is to be constructed by County under grant funds received from
the Department of Housing and Urban Development, Community Development program
and other sources;
Whereas, County is duly organized and was established pursuant to Chapters
8 and 9 of the North Carolina General Session Laws of 1854 -1855;
Whereas, Town is a duly organized and established municipal corporation
operating under the provisions of Article 1, Chapter 12 of the General Statutes
of the State of North Carolina;
Whereas, County has agreed to construct the Water Distribution System with
the 100 percent grant from the DHUD Community Development Grant and other monies
under the conditions that Town will accept the water system under perpetual care
for maintenance and operation, under the rules and regulations of Town, with the
expressed future rights reserved for County to transport water through the
system constructed without charge, additionally County will be allowed to
transport water through the Town system without markup in cost to County.
Whereas, Town has agreed to accept the maintenance and operation obligations
of the system and to operate it under the rules and regulations of Town with the
water system being constructed in accordance with Town's specifications; and
WHEREAS, Town presently has a water purchase contract in force which is
adequate to furnish any foreseeable demand brought about by the addition.
698
Whereas, County and Town entered into a contract on October 17, 1977
and the purpose of this contract is to enlarge the service area described
therein by expanding it along NC Highway No. 217 to the Cape Fear River.
Now, therefore, in consideration of the foregoing and mutual agreements
hereinafter set forth:
A. County Agrees:
1 Upon the day of completion of the Water Distribution System con-
struction in the described area, in accordance with Town's specifi-
cations, County will give Town exclusive right to operate and main-
tain the water system, including the collection of all water revenue
for services rendered to customers within the described area. The
water system is to be operated under the rules and regulations now
in effect in Town or as may later be promulgated by Town.
2 County reserves the right to transport water through the system in
described area at no cost markup by the Town to other areas which
may later require water service beyond the described area.
3. It is further agreed that water may be transported through the
water system within the currently incorporated area of Town at no
markup in cost.
4. County agrees to release all revenue from operation of the wate
system in the described area as compensation to Town for
assumption of operation and maintenance.
5. In the event Harnett County elects to inter- connect the Northeast
Metropolitan Water District of Harnett County Water System, or
other water systems owned, maintained, or operated by the County
with the Erwin Water System for the purpose of providing water
service, from the City of Dunn Facilities, beyond the Erwin planning
area, a meter shall be installed at the connection and the rate for
and quantity of water supplied to the County by the City of Dunn
shall be determined by the City of Dunn and County of Harnett and
payment therefor shall be paid directly to the City of Dunn.
B. Town Agrees:
1. To accept the obligation for maintenance and operation of the Water
Distribution System in the described area and to operate the system
under the rules and regulations of Town for a system built under
Town specifications.
2; Agrees that water may be transported through Town's water system at
no markup in cost.
3. Town will furnish water for testing and other purposes to the
contractor during the construction period at current water rate
schedules of Town.
4. Town will accept revenue produced by the system in the described are
as just compensation for obligations of operation and maintenance
assumed under this agreement.
In Witness Wherof, the parties hereto, acting under authority of their
respective governing bodies, have caused this contract to be duly executed
in two (2) counterparts each of which shall constitute an orginial.
COUNTY OF HARNETT
BY s/ Jesse Alphin
ATTEST: Chairman
s/ Vanessa W. Young
Clerk to the Board
TOWN OF ERWIN
BY s/ Cecil Moore
Mayor
ATTEST:
s/ Ramona 0. Warren
Town Clerk
SUBDIVISION
PLAT - CAROLINA
LAKES
SUBDIVTSION
PLAT - EMOGENE
KNIGHT
RECREATION
COMMITTEE
APPEAL - ALFRED
GILBERT
AMBULANCE
SERVICE
DEMONSTRATION
MEETING
AJOURNED
Commissioner Stewart made a motion that the Subdivision Plat for
Carolina Lakes, Phase III, Harbour Section, be approved. Commissioner
Shaw seconded the motion and it carried.
Commissioner Collins made a motion that the Subdivision Plat for the
property owned by Emogene Knight in Buckhorn Township be approved,
Commissioner Stewart seconded the motion and it carried unanimously.
Commissioner Collins made a motion that the following persons be
appointed to serve on the Harnett County Parks & Recreation Committee;
seconded by Commissioner Brock and passed unanimously:
This Committee will be an advisory group to the Recreation Director in regards to
the total County Recreation Program.
The five municipal recreation directors, the county recreation director, the
county manager, and two county commissioners appointed to the Recreation Committee
shall serve as ex- officio members of the Harnett County Recreation Committee.
Local Recreation Committees and Representatives:
Anderson Creek
Angier
Benhaven- Johnsonville
Boone Trail
Buies Creek
Coats
Dunn
Erwin
Lafayette- Duncan
Lillington
Shawtown
Mentally and Physically Handicapped
Senior Citizens
Bill Smith
Russell McLean
Ricky Smith
Lewis Cummings
Joseph M. Barrett
Frances Avery
Herbert Ruark
D. G. Gomedella, Jr.
Jerry Sears
A. 0. Patterson, Jr.
Sterling McLean
Bonnie Larche
May Marshbanks
M. H. Brock, County Manager, informed the Board that the Board of
Commissioners received, on January 12, 1982, an appeal from Alfred
Gilbert, whose position had been eliminated on June 30, 1981, due
to cuts in funding. The appeal was submitted to the Commissioners as
in accordance with Harnett County's Personnel Policies, Article VIII,
Section 4, Step 4. Mr. Gilbert stated in his appeal that he was
not given priority consideration for eligibility specialist positions
which have come open in the Department of Social Services since
July 1, 1981. Following a discussion of this matter, the Board, as
in accordance with policy, referred the appeal to the Personnel Commit
tee.
M. H. Brock, County Manager, informed those present that following
the Board of Commissioners meeting, a demonstration by the Harnett
County Ambulance Service would be presented in the Assembly Room of
the County Office Building.
There being no further business, the Harnett County Board of Commis-
sioner meeting of January 18, 1982, dul, adjourned at 9 p.
J ?se 1phin, Ch.'rman
Nam
Hollie
LAD s_
Wade, Secretary
-7// y J
62,14_1,( 1441_, V ) / Y &t r e
Vanessa W. Young, Jerk /l
to the Board
x FEB 7 1984
0
RC