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Home My WebLink About012004m HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting January 20,2004 and Reconvened Meetings, January 21 & 22, 2004 The Harnett County Board of Commissioners met in regular session on Tuesday, January 20,2004, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Beatrice B. Hill, Vice Chairman Dan B. Andrews Walt Titchener Tim McNeill Chairman Teddy J. Byrd was absent due to military obligations in Iraq. Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Kay S. Blanchard, Clerk to the Board Vice Chairman Hill called the meeting to order at 7:00 p.m. and Commissioner Titchener led the pledge of allegiance and prayer. Commissioner Titchener moved to approve the agenda as published with the addition of one budget amendment to the consent agenda. Commissioner McNeill seconded the motion and it passed unanimously. ,,,r-... " Upon motion by Commissioner McNeill and seconded by Commissioner Andrews, the Board unanimously approved the following items on the consent agenda: 1. Minutes: Regular Meeting, January 5, 2004 2. Budget Amendments: 226 Automation Enhancement (Fund 230-Automation Enhancement) Code 230-0000-399.00-00 Fund Balance Appropriated $2,262. increase 230-4800-410.60-33 Materials & Supplies 2,262. increase 229 Animal Control (Fund 11 O-General) Code 110-5500-420.60-33 Materials & Supplies 110-0000-351.00-00 Miscellaneous Revenue 252. increase 252. increase 230 Concealed Weapon (Fund 243 - Concealed Weapon) Code 243-5100-420.32-53 Handgun Assessed Fees 243-0000-322.43-00 Concealed Gun Permit 4,000. increase 4,000. increase 232 Emergency Services (Fund 11 O-General) Code 110-0000-331.53-05 Homeland Security, Phase II 110-5301-420.32-20 Program Exercise 4,238. decrease 4,238. decrease 234 Kid's World (Fund 110-General) Code 110-7303-465.12-00 Salaries & Wages p.t. 110-7303-465.22-00 FICA Tax Expense 110-0000-399.00-00 Fund Balance Appropriated 90. increase 7. increase 97. increase 235 Restitution (Fund 11 O-General) Code 110-0000-331.77-02 CBA Juvenile Restitution Grant 110-7930-441.41-11 Telephone & Postage 500. increase 500. increase 236 Planning (Fund 11 O-General) 'if S- /46 Code 110-7200-465.33-45 Contracted Services 110-0000-322.72-01 Cell Tower Fees 238 Titan Wastewater Project (Fund 543-"TIT AN") Code 543-0000-361.10-00 Interest on Investments 543-0000-314.50-00 Sales Tax Refunds 543-9102-431.45-01 Construction 543-9102-431.45-20 Legal & Adlninistrative 543-9102-431.45-30 Technical 543-9102-431.45-80 Contingency 543-9102-431.46-01 Residual Equity Transfer 543-9102-431.45-01 Construction 543-9102-431.45-65 Pump & Haul 543-9102-431.45-20 Legal & Administrative 543-9102-431.45-80 Contingency 543-0000-361.10-00 Interest on Investments 239 Sheriff (Fund 11 O-General) Code 110-0000-356.30-00 Insurance Reimbursement 110-5100-420.43-21 Maintenance & Repair Auto 110-5100-420.60-33 Materials & Supplies 240 Sheriff (Fund 11 O-General) Code 110-0000-336.16-01 Drug Seizures-County 110-5100-420.32-27 Drug Fund 243 Parks & Recreation (Fund 11 O-General) Code 110-8200-450.31-29 Anderson Creek Gym 110-0000- 399.00-00 Fund Balance Appropriated 246 Chlorine Dioxide Pilot Proiect (Fund 549-"PU0302") Code 549-9100-431.45-33 Materials & Supplies 549-9100-431.45- 7 4 Capital Outlay 3. Tax refunds and reI eases (Attachment 1) 4. Resolution to add roads to state system (Attachment 2) 3,500. increase 3,500. increase 368. increase 7,198. increase 95,948. increase 87. increase 32,000. increase 58,596. increase 179,065. decrease 2,250. decrease 2,100. increase 150. increase 800. decrease 800. decrease 10,583. increase 10,075. increase 508. increase 200. increase 200. increase 48,900. increase 48,900. increase 3,552. decrease 3,552. increase 6. Utility Service Agreement with the Town of Linden (Attachment 4) 5. Resolution to re-appoint Review Officer to clarify signature (Attachment 3) 7. Reclassification of position in the Tax Department: Reclassification of Tax Assistant II position to Appraiser/Land Use Auditor with pay grade of70. 8. Authorization for the Department of Social Services to accept a Job Loss Crisis Grant in the amount of$9,721.60 from the Foundation for the Carolinas. Commissioner Andrews moved for the appointments listed below. Commissioner Titchener seconded the motion and it passed unanimously. Harnett County Board of Ad1ustment Bill Marshburn appointed for a 3-year term to expire 01/31/07 nominated by Commissioner Titchener CCCC Harnett County Campus Advisory Committee Tim McNeill re-appointed for a 3-year term to expire 12/31/06 nominated by Commissioner Titchener Transportation Advisory Board (all one-year appointments) John Rouse, Jr., C. Truett Underhill, Beatrice B. Hill, Charles Barefoot, , I Jerry Blanchard, Neil Brown, Melanie Collins, Betty Lou Darroch, Judy Lucas, May Marshbanks, Addie McLean, Alvis Oldham, Alice Powell, Mary Jane Sauls, Steven Sorsch, Terri Strickland, Eric Truesdale, Jennifer Walker, William Wilder nominated by Commissioner McNeill Vice Chairman Hill called to order a public hearing on Board of Education QZAB. Mr. Emory noted that Harnett County Schools want to upgrade 20 schools which are in need of general improvements such as electrical and computer network infrastructure and air quality upgrades. Financing for this project will be through QZAB bonds. Vice Chairman Hill opened the meeting for comments from the public. No comments were offered and the public hearing was closed. Departmental reports were filed from Emergency Medical Services, General Services and Animal Control. In the County Manager's report, Mr. Emory noted that the Harnett County Veterans Council is in the process of raising funds to start construction on the Harnett County Veterans Memorial Park. To date it has raised approximately $5,000. The Board has agreed for the County to match up to $15,000 for the project. In order for construction of the memorial park to be completed by Memorial Day, 2004, the Veterans Council has requested an advance of funds. Commissioner Titchener moved to advance $25,000 now and the Veterans Council will pay back $10,000 to the County. Commissioner McNeill seconded the motion and it passed unanimously. Mr. Emory also reported that the NC Department of Commerce has announced the 2004 Economic Development Tier rankings. Harnett County moved from Tier 4 to Tier 3 which will be a big plus in the recruitment of industry; and in a newly published study, Harnett County ranks 90th in per capita property taxes in the State. Commissioner McNeill moved for the Board to go into closed session to discuss certain personnel matters. This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(6). Commissioner Andrews seconded the motion and it passed unanimously. Commissioner McNeill moved for the Board to come out of closed session. Commissioner Andrews seconded the motion and it passed unanimously. There being no further business, Vice Chairman Hill recessed the meeting until Wednesday, January 21,2004 at 3:00 p.m. Reconvened Meeting January 21, 2004 The Commissioners met in a reconvened session on Wednesday, January 21,2004, in the County Manager's Office, County Administration Building, 102 East Front Street, Lillington, North Carolina. ,~ Members present: Beatrice B. Hill, Vice Chairman Dan B. Andrews Walt Ti tchener Tim McNeill Chairman Teddy J. Byrd was absent due to military obligations. Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Vanessa W. Young, Finance Officer Vice Chairman Hill called the reconvened meeting to order at 3 :00 p.m. lif7 l.lf. 8 Commissioner Andrews moved for the appointments listed below to the Work First Planning Committee for an unspecified term. Commissioner Titchener seconded the motion and it passed unanimously. Work First Planning Committee Lee Anne Nance, Avis Smith, Melody McGee, George Shepherd, Truett Underhill, Pat Marshall. Commissioner Titchener moved for the appointment listed below to the Library Board. Commissioner Andrews seconded the motion and it passed unanimously. .f " >':~) Harnett County Library Board of Trustees George Williams for a 3-year term to expire 01/01/07 Commissioner McNeill moved that the Board go into closed session for the following purpose: To discuss certain personnel matters. This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(6). Commissioner Titchener seconded the motion and it passed unanimously. COlnmissioner Andrews moved for the Board to come out of closed session. Commissioner McNeill seconded the motion and it passed unanimously. There being no further business, Vice Chairman Hill recessed the meeting at 5 :00 p.ln. until Thursday, January 22,2004 at 3 p.m. Reconvened Meeting January 22, 2004 The Commissioners met in a reconvened session on Thursday, January 22,2004, in the County Manager's Office, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Beatrice B. Hill, Vice Chairman Dan B. Andrews Walt Titchener Tim McNeill Chairman Teddy 1. BJTd was absent due to military obligations. Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Vanessa W. Young, Finance Officer Vice Chairman Hill called the reconvened meeting to order at 3 :00 p.m. Commissioner McNeill moved that the Board go into closed session for the following purpose: To discuss certain personnel matters. This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(6). Commissioner Andrews seconded the motion and it passed unanimously. Commissioner Titchener moved for the Board to come out of closed session. Commissioner McNeill seconded the motion and it passed unanimously. There being no further business, Commissioner Andrews moved for adjournment. Commissioner McNeill seconded the motion and it passed unanimously. The Harnett County Board of Commissioners' reconvened meeting, January 22,2004 adjourned at 5:00 p.m. ~~~gJ(~/ B trice B. Hi11,Vice hairman 149 Attachment 1. .~. ~ ':': r(';:ve(j H,:C1 rbm~tt CG;.;.;~.:.: oi' C' 0 any, L!: ::)Jo 113fS MONTHLY REFUND REPORT Oate /-20 - Oq ~ .1- ~At1 LJJ /2-Jan-04 ~t.. -b ~ fboaJz4 BILL NUMBER NAME REASON AMOUNT YEAR MONTH TOWN 2003006140 BROWN, JOYCE BUTTS LAND TAKEN OUT OF COUNTY - 359.41 2003 01/04 2 & OTHERS DEFERRED FRIO - 58.68 930 ERNEST BROWN RD TOTAL - 418.09 LILLINGTON, NC 27546 2003011324 COX, JOHNNY M SMvIE HOUSE APPEARED COUNTY - 572.27 2003 01/04 2 859 BENHA VEN ON TWO TRACTS OF FR24 - 54.50 SCHOOL RD LAND SOLID WASTE FEE - 37.50 SANFORD, NC 27332 TOTAL - 66427 2003025040 JOHNSON, STEPHEN D LAND VALUED COUNTY - 104.37 2003 01/04 2 89 TANNING RIDGE DR INCORRECTLY FR22 - 5.68 DUNN, NC 28334 SC20 - 2.84 TOTAL - 112.89 2003038602 PLEASANT, WESLEY R CORRECTION IN VALUE COUNTY - 58.80 2003 01/04 2 COATS BOX 143 ON LOT CI03 - 5520 COATS, NC 27521 FR14 - 6.40 TOTAL - 120.40 2003039634 QUIST, BRENDA J VALUE REDUCED PER COUNTY - 93.40 2003 01104 2 226 HARVEST ST BOARDOFE& R FR16 - 12.71 SALINAS, CA 93901 TOTAL - 106.11 2003041274 ROGERS, MARY T PROPERTY VALUED COUNTY - 225.72 2003 01/04 2 1550 HILLMON GROVE INCORRECTLY AS ROAD TOTAL - 225.72 RD FRONTAGE CMvlERON, NC 28326 BILL NUMBER NAME REASON AMOUNT YEAR MONTH TOWN 2003043976 SMITH, HAROLD L & P MOBILE HOME NOT SOLID WASTE - 37.50 2003 01/04 2 56 REID EDWARD LN LIVEABLE TOTAL - 37.50 LILLINGTON, NC 27546 200345130 STAFFORD LAND CO., PER COURT ORDE~ LOTS COUNTY - 36.75 2003 01/04 2 INC WERE RE-COMBINED BUIES CREEK FIRE - 5.00 26 V ALLEYFIELD LN TOTAL - 41.75 SOUTHERN PINES, NC 28387 200246501 STAFFORD LAND CO., PER COURT ORDE~ LOTS COUNTY - 38.00 2002 01/04 2 INC WERE RE-COMBINED BUIES CREEK FIRE - 5.00 26 V ALLEYFIELD LN INTEREST/ADV. FEE - 14.52 SOUTHERN PINES, NC TOTAL - 57.52 28387 2003045245 STANCIL, GREG CORRECTION IN LOT COUNTY - 55.13 2003 o 1104 2 THOMAS VALUE FR22 - 3.00 240 WOODS POND LANE SC20 - 1.50 DUNN, NC 28334 TOTAL - 59.63 2003045246 STANCIL, GREG CORRECTION IN LOT COUNTY - 55.13 2003 01/04 2 THOMAS VALUE FR22 - 3.00 240 WOODS POND LANE SC20 - 1.50 DUNN, NC 28334 TOTAL - 59.63 200355879 TILLMAN, LAKIESHA VALUE REDUCED PER COUNTY ~ 192.17 2003 01/04 2 272 KILLDEER RD BOARD OFE &R AND. CRK FIRE - 28.76 SPRING LAKE, NC 28390 TOTAL - 220.93 150 BILL NUMBER NAME REASON AMOUNT YEAR MONTH TOWN 2003052458 WELLS, RICHARD L & F CORRECTION IN VALUE COUNTY - 32.64 2003 01/042 P.O. BOX 81 ON HOUSE BLACK RIVER FIRE - 2.78 ANGIER, NC 27501 TOTAL - 35.42 2003054209 WILLIS, GARY E THERE IS NO SlRUCTURE SOLID WASTE FEE - 37.50 2003 01/042 2820 BAILEY RD ON PROPERTY TOTAL - 37.50 COA TS, NC 27521 200354208 WILLIS, GARY E THERE IS ONLY ONE SOLID WASTE FEE - 37.50 2003 01/042 2820 BAILEY RD SlRUCTUCE ON THE TOTAL - 37.50 COATS, NC 27521 PROPERTY. 2003560091 WOOD, NELLIE CORRECTION IN COUNTY - 6.95 2003 01/04 2 DUNN ALTMAN DISTRICT SC20 - .30 1533 JONESBORO RD CITY STICKER - 5.00 DUNN, NC 28334 TOTAL - 23.35 12 -J an-04 the HM~8tl C;~~wl.(:i d (:c~~ttr.h3;':)iiers" /, ;LD ,orf :/ Datu . K'1 ~~~;fd MONTHLY REFUND REPORT Licensed Motor Vehicles BILL NUMBER NAME AND ADDRESS REASON AMOUNT MONTHS YEAR MONTH TOWN VEHICLE OWNED COUNTY - 152.15 2003 01/04 2 FR20 - 22.77 TOTAL - 174.92 2003555825 BOSTON, MICHAEL TYRONE 83 GLADIOLA DR SPRING LAKE, NC 28390-7721 MILITARY EXEMPTION 2002591731 BOSTON, MICHAEL TYRONE 83 GLADIOLA DR SPRING LAKE, NC 28390-7721 MILITARY EXEMPTION COUNTY - 44.00 FR20 - 6.37 TOTAL - 50.37 2002 01/04 2 2003502430 CUMMINGS, EDD LEWIS 8319 HWY 27 WEST LILLINGTON, NC 27546 CORRECTION IN VALUE COUNTY - 62.02 FR21 - 5.71 TOTAL - 67.73 2003 01/042 2003523996 CURRIN, DWIGHT LEE P.O. BOX 1093 LILLINGTON, NC 27546-1093 VEHICLE SOLDITAG COUNTY - 56.77 TURNED IN FR21 - 5.23 TOTAL - 62.00 06 2003 01/04 2 BILL NAME AND ADDRESS REASON AMOUNT MONTHS YEAR MONTH TOWN NUMBER VEIDCLE OWNED 2003514533 GARNER, GRACE TURNER SOLD VEHICLE COUNTY - 51.37 04 2003 01/04 2 1426 ASHE AVE FR80 - 4.73 DUNN, NC 28334-6704 TOTAL - 56.10 2003513726 HOLMES, JOSEPH SMITH VEHICLE SOLD COUNTY -74.40 06 2003 01/04 2 P.O. BOX 217 FR24 - 6.86 OLIVIA, NC 28368 TOTAL - 81.26 2003504152 MAYNARD, SHERRILL KEITH VEHICLE SOLDITAG COUNTY - 43.48 07 2003 01/04 2 222 JERNIGAN RD TURNED IN FR22 - 3.43 DUNN, NC 28334-9748 SC20 - 1.15 TOTAL - 48.06 2003532357 MCNEILL, LEE ANNIE SOLD VEHICLE COUNTY - 23,13 01 2003 01/04 2 1011 RAYNOR MCLAMB RD FR70 - 3.35 BUNNLEVEL, NC 28323-8629 TOTAL - 26.48 2002610498 MESEL, RALPH MILTON 20 PORT BAY SANFORD, NC 27332-6683 VEHICLE SOLD COUNTY - 2.3 7 FR16 -.31 TOTAL - 2.68 09 2002 01/042 151 BILL' NAME AND ADDRESS REASON AMOUNT MONTHS YEAR MONTH TOWN NUMBER VEffiCLE OWNED 2003535680 MIL TON, DARRELL VAN VEmCLE SOLD/T AG COUNTY - 9.56 07 2003 01/04 2 1255 OLD COATS RD TIJRNED IN FR60 - 1.26 LILLINGTON, NC 27546-7842 TOTAL - 10.82 2003517565 MIL TON, SHARON LAMBERT TAG TIJRNED IN COUNTY - 183.01 01 2003 01/042 39 B ANNA DR FR22 - 14.45 LILLINGTON, NC 27546 SC20 - 4,81 TOTAL - 202.27 2003526868 STRICKLAND, WILLIAM VEmCLE SOLD! COUNTY - 25.65 07 2003 01/04 2 ARlHUR TAG TIJRNED IN FR20 - 3.71 14 :MARTHAS LN TOTAL - 29.36 SPRING LAKE, NC 28390-7633 2002612892 STROUTH, PRESTON BRYANT VEmCLE SOLD COUNTY - 12.61 01 2002 01/04 2 104 BYRD JOHNSON LANE FRIO - 1.99 LILLINGTON, NC 27546-9121 TOTAL - 14.60 2002611314 TART, JAMES HENRY TAG TIJRNEDIN COUNTY - 3.09 04 2002 01/04 2 3349 OLD US 421 F12 - .61 LILLINGTON, NC 27546 TOTAL - 3.70 Attachment 2. RESOLUTION BE IT RESOL YED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Unnamed Subdivision Tyler Dewar Road Adopted this 20th day of January, 2004. HARNETT COUNTY BOARD OF COlvfl\.1ISSIONERS Attest: ~A~~QY~ Beatrice B. HIll, VICe ChaIrman ~.1. ~rVCd ay S. Blanchard Clerk to the Board strong roots. new growth 152 Attachment 3 /111111111111 2004002329 FOR R~f~~P~~ ~~~ OF DEEDS zOO3NEFtB 1100916: 29 tIl BK:1888 PG:865-867 FEE:$12.00 IhSB'200400n29 RESOLUTION DESIGNATING REVIEW OFFICER BE IT RESOLVED that in accordance with N.C.G.S. 47-30.2, the Harnett County Board of Commissioners does hereby designate Christine L Wallace as Review Officer to review each map and plat required to be submitted for review before the map or plat is presented to the Register of Deeds for recording. Duly adopted this 20th day of January, 2004. 0.. >/~;\~.;:~t"~ '}l(~~:::;~~~~ HARNETT COUNTY BOARD OF COMMJSSIONERS ~:vLs:M~ Beatrice B Hill, Vice Chairman Attachment 4. _Harnett COUNTY NORTH CAROliNA ~.- Q~~I-Il AWWA" ." Public Utilities Department www.hllmelt.org UTILITY SERVICE AGREEMENT BETWEEN THE COUNTY OF HARNETT AND THE TOWN OF LINDEN THIS AGREEMENT is made and entered into this ~day of January, 2004, by and between the COUNTY OF HARNETT (hereinafter sometimes referred to as "COUNTY"), and the TO\VN OF LINDEN (hereinafter sometimes referred to as "TO\VN"). WITNESSETH: THAT WHEREAS, County is a body politic organized and existing under the laws of the State of North Carolina and as a part of its governmental functions operates the Harnett County Department of Public Utilities; and WHEREAS, Town is a municipal corporation duly organized and existing under the laws of the State of North Carolina; and WHEREAS, Town has requested that County, through its Department of Public Utilities perform certain tasks and services for Town with respect to the operations of Town's water system; and WHEREAS, County, through its Department of Public Utilities, has agreed to perform such tasks and services as are herein described; and WHEREAS, A prior agreement between the Town and County has terminated, and the parties desire to enter into a new agreement; and WHEREAS, County and Town now desire to set forth the terms and conditions of their agreements regarding these matters. NOW, THEREFORE, in consideration of the foregoing and the mutual agreements hereinafter set forth, County and Town agree as follows: SECTION I: METER READING: County agrees to provide meter reading services to Town and Town agrees to accept such services upon the following terms and conditions: A. Each meter through which Town supplies and sells water shall be read on a monthly basis by the County. The time each month when such readings shall be made shall be administratively determined by the appropriate representatives of Town and County. B. Within ten (10) days after the meter readings have been completed, the County shall deliver the results of said readings in written form to Town. C. Town agrees to pay to County, upon monthly billing by County, the amount of $1.25 per meter read for each meter reading cycle. In the event that a meter reHreading should be requested by Town, the cost of such re-reading shall be twelve ($12.00) dollars for each meter re-read, provided however, that no charge shall be made for a re-reading when it is determined that County erred in the original reading. D. Billings for meter reading services and payment therefor shall be made pursuant to and in accordance with Section Three of this Agreement. PO Box 1119 308 West Duncan SHeet Lil1lnglOn, NC 27546.1119 ph 910-893-7575 fax: 910-89).6643 153 ~. 1 514 SECTION TWO: OTHER SERVICES: County agrees to provide new water tap installation service, twenty- four (24) hour emergency repair service, meter installation service (the installation of a meter in an existing meter housing unit), water cut off and cut on service and operation and maintenance service for the chlorination system located at the meter facility (through which water is supplied to Town by County) to Town and Town agrees to accept such services based upon the following terms and conditions: A. County agrees to provide the above described services to Town, upon notice by Town of the requirement therefor, in accordance with the following schedules of costs to be paid by Town: LaborlEauinment Reeular Time Overtime 1 man $30.001hr. $40.001hr. 2 man crew $37.001hr. $50.001hr. 3 man crew $44.001hr. $61.001hr. Backhoe $55.001hr. $55.001hr. Trucks and Other Equipment $40,001hr. $40.001hr. Materials and Chemicals will be invoiced to Town at County's cost, plus 5%. B. Cut offs and cut ons will be made at a cost often ($10,00) dollars per cut on or cut off made. C. Services for new water tap installations shall be performed by County within thirty (30) days after notice of the requirement therefor from Town is made to County, Services for meter installations and water cut ons and cut offs shall be performed by County within two (2) working days after written notice of the requirement therefor from Town is made to County. Scheduled repairs or maintenance shall be performed by the County upon mutual agreement with the Town. D. General inspection shall be provided twice each week at the rate applicable for one-half (1/2) man hour per visit or a minimum amount equal to the rate applicable for one (1) man hour per week. E. Notice to perform the services described in this Section shall be made by Town by telephonic communication to County, followed by a written statement regarding the same mailed to County. F. Services provided by County as set forth in this Section shall be completed in a good and workmanlike manner. G. Billings for the services set forth in this Section and payment therefor shall be made pursuant to and in accordance with Section Three of this Agreement. SECTION THREE: BILLING AND PAYMENTS: A. County will furnish Town not later than the tenth (10th) day of each month with an itemized statement of the costs for meter reading and other services provided by County to Town for the preceding month. B. Town agrees to pay County, not later than the twentieth (20th) day of each month, the amount due as set forth on the itemized statement described in subsection A above, SECTION FOUR: GENERAL PROVISIONS: A. IrnIh The term of this Agreement shall commence as of the date the same has been executed by both Town and County and shall extend for a term of five (5) years, and thereafter may be renewed or extended for such term, or terms, as may be agreed upon by County and Town. In the event Town determines at any time during the initial term or any extension of this Agreement that it shall cause the services herein described to be performed by Town employee, upon sixty (60) days written notice to County, Town may terminate this Agreement. In the event of such termination, any materials and chemicals purchased by County for the exclusive use by it in the performance of this Agreement with Town, shall be purchased by Town at the Costs hereinabove set forth. B. Modification of A1treement. The provisions of the Agreement pertaining to the costs to be paid by T own for services provided by County shall be subject to modification at the end of each year period. Should cost increases be required by County, notice thereof shall be supplied to Town as soon as practicable. Any increase or decrease in cost shall be based on a demonstrable increase or decrease in the costs of performance hereunder. Modifications to this Agreement may also be made by mutual written agreement of the parties. C. Re~latorv A1!encies. This Agreement is subject to such rules, regulations, statutes and/or laws as may be applicable to such or similar agreements in this State and the parties hereto agree to collaborate when necessary to obtain such permits, certifications, or the like, as may be required to comply therewith. D. Notices. Any notice or other writing to be provided hereunder to Town shall be mailed by first class mail to the Town of Linden at the following address: Post Office 130 Linden, NC 28356 155 Any notice or other writing to be provided hereunder to County shall be mailed be first class mail to the Harnett County Department of Public Utilities at the following address: Post Office Box 1119 Lillington, NC 27546 E. Authoritv. The County and the Town represent and warrant, each to the other, the existence of all capacity, authority, resolutions and actions necessary to execute this Agreement. F. Duplicate Orillinals. This Agreement is executed in duplicate originals, one of which is retained by each party hereto. Executed by County of Harnett, this :LO~ day of January, 2004. County of Harnett Attest: K ~J Kay ~chard, Clerk Harnett County Board of Commissioners Executed by Town of Linden, this 20th day of January, 2004 Town of Linden B~~ Leo el " ayor Town of Un den :Lll Sue Giles, Clerk Town of Linden 15,6