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02051990 116 HARNETT COUNTY BOARD OF COW4ISSIONERS REGULAR MEETING, FEBRUARY 5, 1990 The Harnett County Board of Commissioners met in regular session on Monday, February 5, 1990, in the County Office Building, Lillington, North Carolina, with the following members present: Rudy Collins, Bill Shaw, Mack Reid Hudson, Mayo Smith, and Chairman Lloyd G. Stewart presiding. Others present were Dallas H. Pope, County Manager; W. Glenn Johnson, County Attorney; Vanessa W. Young, Clerk to the Board; and Kay S. Blanchard, Recording I Secretary. Chairman Stewart called the meeting to order at 9 a.m. Commissioner Bill Shaw offered the invocation. Co~issioner Smith moved for the approval of the minutes of the regular meeting, January 1G, 1990. Commissioner Hudson seconded the motion and it passed with a unanimous vote. SPECIAL SERVICE DISTRICT W. Glenn Johnson, County Attorney, presented a resolution authorizing PROPOSAL FOR FIRE PROTECT. administrative action regarding proposal to form a special service district BUCKHORN & HECTOR'S CRK. for fire protection in the Townships of Buckhorn and Hector's Creek in Harnett TOWNSHIPS County. Commissioner Collins moved for the adoption of the resolution. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated February 5, 1990, as document no. I. PUBLIC HEARING ON Chairman Stewart called to order a public hearing concerning An Ordinance for COMMERCIAL INCINERATION the Regulation of the Location, Operation, and Management of Commercial FACILITIES Incineration Facilities In Harnett County, North Carolina. W. Glenn Johnson, County Attorney, briefed the group that the purpose of the PURPOSE public hearing was to obtain public comments concerning the proposed ordinance. Mr. Johnson then read aloud the proposed ordinance in its entirety. Chairman Stewart opened the meeting for public comments. PUBLIC COMMENTS The following citizens provided comments in favor of adoption of the proposed ordinance: I. Oscar Harris, Mayor of Dunn, NC, presented a letter and resolution I from the City of Dunn and requested that they be entered into the minutes of this meeting. The letter and resolution are copied in full at the end of these minutes dated February 5, 1990, as document no. 2. 2. Debbie Johnson, Dunn, NC, Chairman of Concerned Citizens of Harnett County, presented a petition with 5,000 signatures requesting the adoption of the ordinance. 3. Carolyn McDougald, Dunn, NC 4. Sharon Maynard, Dunn, NC 5. Laura Upchurch, Dunn, NC 6. Linda Lee, Rt. 3, Dunn, NC 7. Alma Wellons, Dunn, NC 8. Susan Murray, Dunn, NC 9. Walt Titchener, Dunn, NC 10. Patty Lee, Dunn Area Chamber of Commerce No one spoke in opposition to the adoption of the proposed ordinance. Ms. Billie Elmore, Sanford, NC, appeared before the Board, not to voice an opinion because she is a resident of Lee County, but to share information regarding a similar ordinance adopted by Lee County concerning the same matter. CLOSED PUBLIC HEARING There being no further comments, Chairman Stewart closed the public hearing. INCINERATION FACILITIES An Ordinance for the Regulation of the Location, Operation, and Management of ORDINANACE Commercial Incineration Facilities in Harnett County, North Carolina, was presented for consideration, having been read aloud in its entirety in the above referenced public hearing. Commissioner Smith moved for the adoption of the ordinance. Commissioner Hudson seconded the motion and it passed with a I unanimous vote. The ordinance is copied in full in the Harnett County Ordinance Book 1, page 184. SPCIAL SERVICE DISTRICT W. Glenn Johnson, County Attorney, presented a resolution authorizing PROPOSAL FOR RESCUE administrative action regarding proposal to form a special service district SERVICE - BUNNLEVEL in the community of Bunnlevel for the purpose of providing emergency ambulance and rescue service. Commissioner Shaw moved for the adoption of the resolution. Commissioner Smith seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated February 5, 1990, as document no. 3. FINANCE OFFICE RECORDS Vanessa W. Young, Finance Officer, requested approval to dispose of records in DISPOSAL APPROVED the Finance Office. Commissioner Smith made a motion to approve request for 117 disposal of the Finance Office records in accordance with the provisions of Chapters 121 and 132 of the North Carolina General Statutes and as listed in Records Disposition Schedule issued by the North Carolina Division of Archives and History and adopted by the County of Harnett. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The list of records I to be disposed of is copied in full at the end of these minutes dated February 5, 1990, as document no. 4. Carla Stephens, Planning Director, presented a resolution concerning building inspections in the Dunn extra-territorial jurisdiction. The Board tabled the matter. Carla Stephens, Planning Director, presented a resolution concerning County Zoning Ordinance involving the Broadway extra-territorial jurisdiction. The Board tabled the matter. COUNTY ROAD SIGNS Carla Stephens, Planning Director, presented a resolution to State Department FUNDING of Transportation on funding for county road signs. Commissioner Smith moved for the adoption of the resolution. 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 February 5, 1990, as document no. 5. Tom Meece, Industrial Development Director, briefed the Board on Jobs Tax Credit and Industrial Building Renovation Fund. James Goff, Agriculture Extension Director, requested a salary adjustment for an administrative position in the Agriculture Extension Department. The Board tabled the matter for further evaluation. SALARY ADJUST. Larry Knott, Chief Deputy, Sheriff's Department, requested a salary adjustment SHERIFF'S DEPT. for a Sergeant/Jailer position in the Sheriff's Department. The salary adjustment for Sgt. Harold Vuncannon is for a classification of Sergeant/Jailer 66G. Commissioner Collins moved for the approval of the requested salary adjustment. Commissioner Smith seconded the motion and it passed with a unanimous vote. AMENDMENT TO Dallas H. Pope, County Manager, presented an Ordinance Amending an Ordinance III PERSONNEL ORD. Entitled Personnel Ordinance for Harnett County, North Carolina Adopted July 18, 1988, concerning Article III, Section 9, involving fluctuating workweek. Commissioner Smith moved for the adoption of the ordinance. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The amendment to the Personnel Ordinance is copied in full at the end of these minutes dated February 5, 1990, as document no. 6. LIBRARY BOARD Commissioner Collins moved for the reappointment of the following members of APPOINTMENTS the Harnett County Library Board for a four-year term: Mrs. Nancy T. Rodgers Mrs. Irene Wortman P. O. Box 1027 Rt. 4, Box 412 Buies Creek, NC 27506 Lillington, NC 27546 Commissioner Shaw seconded the motion and it passed with a unanimous vote. Commissioner Collins moved for the appointment of Mrs. Ermie Godwin, Erwin, NC, to the Harnett County Library Board for a four-year term, replacing Mr. Russell Bradley. Commissioner Shaw seconded the motion and it passed with a unanimous vote. WASTE SLUDGE John M. Phelps, II, Public Utilities Attorney, presented a Resolution DISPOSAL STUDY Regarding Procurement of Engineering Services (Waste Sludge Disposal Study PROJECT proj ect) . Commissioner Shaw moved for the adoption of the resolution. Commissioner Collins seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated February 5, 1990, as document no. 7. SCADA PROJECT John M. Phelps, II, Public utilities Attorney, presented a Resolution Regarding Installment Purchase Contract (Supervisory Control and Data Acquisition System). Commissioner Shaw moved for the adoption of the III FED. RURAL ECON. resolution. Commissioner ~mith seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated February 5, 1990, as document no. 8. John M. Phelps, II, Public Utilities Attorney, presented a Resolution Opposing ACT OF 1989 Certain Provisions of the Federal Rural Economic Development Act of 1989. Commissioner Hudson moved for the adoption of the resolution. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full a the end of these minutes dated February 5, 1990, as document no. 9. BUNNLEVEL-RIVER. John M. Phelps, II, Public Utilities Attorney, briefed the Board on a matter PROJECT regarding the Bunnlevel-Riverside Project, stating that in order to be prepared to condemn an easement over property owned by Mr. & Mrs. Lymon ------- 118 Sheppard, the Board of Commissioners, at its meeting on January 2, 1990, passed a resolution authorizing condemnation proceedings. Mr. Phelps reported that the easement was acquired without need for condemnation as the Sheppards agreed to convey the easement for the amount of the appraised value. ELLERSLIE SUBDIVISION John M. Phelps, II, Public utilities Attorney, presented a Resolution WATER SERVICE Regarding Water Service to Ellerslie Subdivision, Cumberland County, North I Carolina. Commissioner Shaw moved fQr the adoption of the resolution. Commissioner Smith seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated February 5, 1990, as document no. 10. SOUTHERN RAILWAY CO. John M. Phelps, II, Public utilities Attorney, presented a Resolution "LICENSE AGREEMENT Authorizing Execution of License Agreement with Southern Railway Company. Commissioner Smith moved for the adoption of the resolution. Commissioner Collins seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated February 5, 1990, as document no. ll. EAST CENTRAL WATER & Chairman Stewart called to order a special meeting of the Harnett County Board SEWER DISTRICT SPECIAL of Commissioners sitting as the governing body of the East Central Water and MEETING Sewer District of Harnett County at 12:10 p.m. ' Attornev .John M. ~c; L' introduced the following bond order which was read at length: "BOND ORDER AUTHORIZING THE ISSUANCE OF $6,500,000 WATER BONDS OF THE EAST CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY" \'RJ:.AEAS, the Board of commissioners of the County of Harnett, sitting as the governinq body of the East Central Water and Sewer District of Harnett County, deems it I advisable to make the improvements hereinafter described; and WHEREAS, the Board has caused to be filed with the secretary of the Local Government Commission of North Carolina an application for commission approval of the bonds hereinafter described as required by The Local Government Finance Act, and the secretary of the Local Government Commission has notified the Board that the application has been filed and accepted for SUbmission to the Local Government Commission, NOW, THEREFORE, BE IT ORDERED by the Board of Commissioners of the County of Harnett, sitting as the governing body of the East Central Water and Sewer District of Harnett county, as follows: Section 1. The Board of Commissioners of the County of Harnett, sitting as the governing body of the East Central Water and Sewer District of Harnett county, has ascertained and hereby determines that it is necessary to provide water facilities within and without the corporate limits of the District, includinq acquisition and I construction of storage tanks, pumping stations and distribution lines, and the acquisi~ion and installation of necessary machinery and equipment and the acquisition of land or rights-in-land required therefor, and to pay capital costs of such improvements. Section 2. In order to raise the money required to pay capital costs of providing the improvements as set forth above, in addition to any funds which may be made available for such purpose from any other sources, bonds of the East central Water and Sewer District of Harnett county are hereby 119 authorized and shall be issued pursuant to The Local Government Finance Act of North Carolina. The maximum aggregate principal amount of said bonds authorized by this bond order shall be $6,500,000. section 3. A District tax sufficient to pay the principal of and interest on said bonds when due shall be annually levied and collected. The revenues of the I facilities hereinbefore described may be pledged to the payment of the interest on and principal of said bonds if and to the extent that the Board shall hereafter determine by resolution prior to the issuance of said bonds. In such event, the tax to pay the principal of and interest on said bonds may be reduced by the amount of such revenues available for the payment of such principal and interest. Section 4. A sworn statement of the District's debt has been filed with the Clerk of the Board of Commissioners and of the District and is open to public inspection. Section 5. This bond order shall take effect when approved by the voters of the District at a referendum. f"""'U'I""lnnAr Hllnc:;n" moved the adoption of the followinq resolution: WHEREAS, the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $6,500,000 WATER BONDS OF THE EAST CENTRAL WATER AND SEWER DISTRICT OF HlJL~~.. COUNTY," has been introduced at the meeting of the Board of commissioners I of Harnett County, sittinq as the ~overninq body of the East Central Water and Sewer District of,Harnett County, held on February 5, 1990 and the Board desires to provide for the holdinq of a public hearinq thereon and the submission of a statement of debt in connection therewith as required by The Local Government Bond Act 1 NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Harnett county, sittinq as the qoverninq body of the East Central Water and Sewer District of Harnett County, as follow.: (1) The public hearinq upon said bond order shall be held on the 19th day of February; 1990 at 7:00 O'clOCk, .e. M., at .IhL1-l.. .."..++ f"""n+v Oft Ice Bu II d I nn , in .i.l.l.lJ.Llatnn , North Carolina. (2) The Clerk of the Board of Commissioners and of the District is hereby directed to cause a copy of the bond order to be published with a notice of the hearing in the form prescribed by law in a qualified newspaper no fewer than six days prior to such pUblic hearinq. . (3) The District's Finance Officer is hereby I directed to file with the Clerk of the Board of Commissioners and of the District prior to publication of the bond order with the notice of the public hearing, a statement settinq forth the debt incurred or to be incurred, the appraised value of property Subject to taxation by the District and the net debt of the District. The motion was seconded by rnmml~clnnAr S~I+h and was adopted by the following vote: A YES: 'j NAYS: 0 . . . - - -_._-~---- 120 EAST CENTRAL MEETING Chairman Stewart adjourned the special meeting of the East Central Water and ADJOURNED Sewer District at 12:15 p.m. REPORTS Monthly reports for December were filed with the Board from the Sheriff's Department and the Library. Monthly reports for January were filed with the Board from the Sheriff's Department, Emergency Medical Services, Inspections, and the Tax Department. TAX ATTORNEY'S REPORT The Tax Attorney's Report for the month of January was filed with the Board I and is copied in full at the end of these minutes dated February 5, 1990, as document no. 12. BUDGET AMENDMENTS Dallas H. Pope, County Manager, requested the following budget amendment for the Health Department: Code 10-7600-014 Travel & Meetings 1,692. increase 10-7600-025 Books & Publications 250. increase 10-7600-026 Advertising 420. increase 10-7600-033 Materials & Supplies 400. increase 10-7600-074 Capital Outlay - Equipment 1,393. increase Revenue: 10-3480-016 Child Health 3,078. increase 10-3480-021 State Aid 1,077 . increase Commissioner Hudson moved for the approval of the budget amendment for the Health Department. Commissioner Smith seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for the Health Department: Code 10-7600-017 Maintenance & Repair-Auto 500. increase 10-7600-047 Food & Provisions 170. increase Revenue: 10-3990-000 Fund Balance Appropriated 670. increase Commissioner Smith moved for the approval of the budget amendment for the Health Department. Commissioner Collins seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for the Health Department: I Code 10-7600-002 Salaries & Wages 18,275. decrease 10-7600-058 Clinical Fees - General 18,275. increase Commissioner Shaw moved for the approval of the budget amendment for the Health Department. Commissioner Smith seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Public Utilities (Water Department): Code 30-9100-045 Contracted Services 6,000. increase Revenue: 30-3990-001 Unappropriated Fund Bal.-Water 6,000. increase Commissioner Hudson moved for the approval of the budget amendment for Public Utilities. Commissioner Shaw seconded the motion and it passed with a unanimous vote. I 121 Dallas H. Pope, County Manager, requested the following budget amendment for Public utilities (Enterprise): Code 30-9100-002 Salaries & Wages-Water 899. increase I 30-9100-005 F.I.C.A. Tax Expense-Water 70. increase 30-9100-007 Retirement Expense-Water 44. increase 30-9200-002 Salaries & Wages-Sewer 520. increase 30-9200-005 F.I.C.A. Tax Expense-Sewer 41. increase 30-9200-007 Retirement Expense 26. increase 30-9300-002 Salaries & Wages-So.Cent. Opere 1,183. increase 30-9300-005 FICA Tax Expense-So. Cent. Opere 92. increase 30-9300-007 Retire. Expense-So. Cent. Opere 58. increase 30-9400-002 Sale & Wages-West Cent. Opere 329. increase 30-9400-005 FICA Tax Exp.-West Cent. Opere 26. increase 30-9400-007 Retire. Exp.-West Cent. Opere 17. increase 30-9100-120 Capital Reserve - Water 4,695. increase 30-3760-001 Reconnection Fees-Water 8,000. increase Commissioner Shaw moved for the approval of the budget amendment. Commissioners Smith seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for the Library: Code 10-8100-014 Travel & Meetings 400. increase Revenue: 10-3990-000 Fund Balance Appropriated 400. increase Commissioner Smith moved for the approval of the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Jerry T. Blanchard, Transportation & Procurement Director, requested the following budget amendment for Transportation & Procurement: Code 10-5550-033 Materials & Supplies 1,300. increase Revenue: 10-3990-000 Fund Balance Appropriated 1,300. increase I Commissioner Smith moved for the approval of the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Public Assistance: Code 10-7710-150 CP&L Project Share 12,129. increase Revenue: 10-3480-009 Crisis/CP&L Return 12,129. increase Commissioner Smith moved for the approval of the budget amendment. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Upon motion by Commissioner Hudson and second by Commissioner Smith, the following budget amendments presented by Dallas H. Pope, County Manager, were approved by unanimous vote. Department Code Description Increase Decrease Administration 10-4200-002 Salaries & Wages $ 612. 10-4200-005 FICA Tax Expense 47. 10-4200-007 Retirement Expense 31. 10-8800-160 Contingency 690. Bd. of Elections 10-4300-002 Salaries & Wages 216. 10-4300-005 FICA Tax Expense 17. 10-4300-007 Retirement Expense 11. 10-8800-160 Contingency 244. Finance Dept. 10-4400-002 Salaries & Wages 816. 10-4400-005 FICA Tax Expense 63. 10-4400-007 Retirement Expense 41. I 10-8800-160 Contingency 920. Tax Dept. 10-4500-002 Salaries & Wages 702. 10-4500-005 FICA Tax Expense 54. 10-4500-007 Retirement Expense 36. 10-8800-160 Contingency 792. Reg. of Deeds 10-4800-002 Salaries & Wages 609. 10-4800-005 FICA Tax Expense 47. 10-4800-007 Retirement Expense 31. 10-8800-160 Contingency 687. Department Code Description Increase Decrease 122 Public Buildings 10-5000-002 Salaries & Wages 642. 10-5000-005 FICA Tax Expense 50. 10-5000-007 Retirement Expense 33. 10-8800-160 Contingency 725. Sheriff I s Dept. 10-5100-002 Salaries & Wages 2,921. I 10-5100-005 FICA Tax Expense 224. 10-5100-007 Retirement Expense 108. 10-8800-160 Contingency 3,253. C"'......unications 10-5110-002 Salaries & Wages 395. 10-5110-002 FICA Tax Expense 31. 10-5110-007 Retirement Expense 20. 10-8800-160 Contingency 446. County Jail 10-5120-002 Salaries & Wages 643. 10-5120-005 FICA Tax Expense 50. 10-5120-007 Retirement Expense 29. 10-8800-160 Contingency 722. EIner. Med. Servo 10-5400-002 Salaries & Wages 561. 10-5400-005 FICA Tax Expense 43. 10-5400-007 Retirement Expense 29. 10-8800-160 Contingency 633. Trans.& Procurement 10-5550-002 Salaries & Wages 426. 10-5550-005 FICA Tax Expense 33. 10-5550-007 Retirement Expense 22. 10-8800-160 Contingency 481. Inspections 10-5600-002 Salaries & Wages 273. 10-5600-005 FICA Tax Expense 21. 10-5600-007 Retirement Expense 14. 10-8800-160 Contingency 308. Sani. Landfill 10-6600-002 Salaries & Wages 468. 10-6600-005 FICA Tax Expense 36. I 10-6600-007 Retirement Expense 24. 10-6600-160 Contingency 528. Div. Soil & Water 10-6700-002 Salaries & Wages 186. 10-6700-005 FICA Tax Expense 15. 10-6700-007 Retirement Expense 10. 10-8800-160 Contingency 211. Planning Dept. 10-7200-002 Salaries & Wages 210. 10-7200-005 FICA Tax Expense 17. 10-7200-007 Retirement Expense 11. 10-8800-160 Contingency 238. Agricultural Ext. 10-7300-002 Salaries & Wages 155. 10-7300-005 FICA Tax Expense 12. 10-7300-007 Retirement Expense 8. 10-8800-160 Contingency 175. Human Resources 10-7400-136 Joint Account 1,191. 10-8800-160 Contingency 1,191. HUD 10-7500-002 Salaries & Wages 117. 10-7500-005 FICA Tax Expense 9. 10-7500-007 Retirement Expense 6. 10-8800-160 Contingency 132. Health Dept. 10-7600-002 Salaries & Wages 2,214. 10-7600-005 FICA Tax Expanse 170. 10-7600-007 Retirement Expense 112. 10-8800-160 Contingency 2,496. Social Services 10-7700-002 Salaries & Wages 3,960. I 10-7700-005 FICA Tax Expense 303. 10-7700-007 Retirement Expense 199. 10-8800-160 Contingency 4,462. Library 10-8100-002 Salaries & Wages 192. 10-8100-005 FICA Tax Expense 15. 10-8100-007 Retirement Expense 10. 10-8800-160 Contingency 217. Parks & Recreation 10-8200-002 Salaries & Wages 408. 10-8200-005 FICA Tax Expanse 32. 10-8200-007 Retirement Expense 21. 123 10-8200-160 Contingency 461. LETTER RE: Commissioner Shaw called to the Board's attention the need for disposal of DESIGN OF septic tank sludge to be studied in connection with the regional wastewater REGIONAL WW plant design. To record his suggestion, Commissioner Shaw made a motion that I PLANT the letter from the Harnett County Public utilities Attorney to the Director of Public utilities concerning this matter be made a part of the minutes. Commissioner Collins seconded the motion and it passed with a unanimous vote. The above-referenced letter is copied in full at the end of these minutes dated February 5, 1990, as document no. 13. RAPE CRISIS Ms. Elaine Marshall representing Harnett County Rape Crisis Intervention, INTERVENTION briefed the Board concerning a grant pre-application to the Governor's Crime Commission, Department of Crime Control and Public Safety for funding to be used in the Rape Crisis Project to assist victims of crime act. One of the requisites is that the funds be administered through a local government. There would be no cost to the county other than distribution of the funds. Commissioner Hudson made a motion that the County Manager is hereby authorized to work with the Harnett County Rape Crisis Intervention agency in preparing a grant application for submittal to the Governor's Crime Commission, and the County Manager is also authorized to sign the grant application on behalf of the County of Harnett. Commissioner Collins seconded the motion and it passed with a unanimous vote. EXECUTIVE Commissioner Hudson moved that the Board go into executive session. SESSION Commissioner Shaw seconded the motion and it passed with a unanimous vote. Commissioner Shaw moved that the Board come out of executive session. Commissioner Smith seconded the motion and it passed with a unanimous vote. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners meeting of February 5, 1990, duly adjourned at 1:30 p.m. 7~ JJ ~..J:; ~ aid(J GI ~tewart, ~tli~:n:= I d$dtfl~nEr~r1ing Secretary v:r;;;.~~: c~t'ot(. Board DOCUMENT NO.1. STATE OF NORTH CAROLINA, COUNTY OF HARNETT. RESOLUTION AUTHORIZING ADMINISTRATIVE ACTION REGARDING PROPOSAL TO FORM A SPECIAL SERVICE DISTRICT POR FIRE PROTECTION THAT WHEREAS, The Harnett County Board of Commissioners has I received a petition from citi~en$ owning property or residing in the Townships of Buckhorn or Hector's Creek in Harnett County, North Carolina, seeking the formation of a special service district for the purpose of imposing a tax levy to support the providing of fire protection service within such district, and WHEREAS, any proposal to form a special service district requires a substantial amount of preliminary work by the County in which said district may be established prior to the time a decision regarding the possible formation of such a district can be made by the governing Board of such County, and 124 WHEREAS, the Board of Commissioners of Harnett County has determined that there is sufficient interest and support for the possible formation of such a district to justify the taking by the County of Harnett of steps that might be required and action that might be designated by law in order that an appropriate decision may be made in a timely fashion about the possibility of I establishing such a district, and WHEREAS, the subject district, if established as presently proposed, would encompass all of the above named townships, except those portions thereof which might presently be contained in any existing fire protection or rural fire district, and WHEREAS, authorization for the appropriate employees and representatives of the County of Harnett is needed prior to the time steps which might be required in order to consider such a district as that presently proposed are taken, and WHEREAS, it is the desire of the Harnett County Board of Commissioners to authorize the taking of such preliminary steps as might be required so that the subject proposal might be considered at an appropriate time. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners for the County of Harnett, North Carolina; that the Harnett County Manager, the Harnett County Attorney, and other appropriate representatives or employees of the County of Harnett shall be and they are hereby authorized to take such steps as might be required or necessary to pursue the statutory and I administrative processes relative to the proposal to establish a Special Service District as above referenced. This 5th day of February, 1990. HARNETT COUNTY BOARD OF COMMISSIONERS DOCUMENT NO. 2. CITY OF DUNN POST OFFICE BOX 1065 · DUNN . NORTH CAROLINA 21334 . (919) 892.2633 Ma)'or at)' Ma_aer Olear N. Ham. M.,. ... T_ Carl G. Dean Dal... "80- Dall'ord CoundI_: Tommy Landen N. Camell Robinson Pete Hndaca Ocorac F. ,Blalock Carlyle Mclamb RBSOLUTIOII 01'. THB tlAYOR AIID CITY COUIICIL 01' THB CI~Y 01' DUIIII, 1I0RTH CAROLIIIA WHEREAS, the City of Dunn is responsible for the public safety and welfare of its citizens, and WHEREAS, the Dunn City Council is empowered to take whatever action I necessary to legally insure the public safety, welfare, and quaU ty of life of its citizens is maintained, and WHEREAS, Thermetics, Inc. of Charlotte, North Carolina has proposed to construct a cOlulercial biomedical waste incinerator outside the Dunn City Limits, and WHEREAS, the proposed site, off of U.S. 301 N. , is located in close proximity to residential areas of Dunn, and WHEREAS, the proposed commercial biomedical waste incinerator will involve the transportation of medical waste of unknown composition in and around Dunn and.~he surrounding are.. THEREI'ORB DB I~ RESOLVBD that the City Council of the City of Dunn strongly opposes the permi ttinC), construction, and operation of the commercial biomedical waste incinerator planned by Thermetics, Inc., at the site proposed, and 125 FURrHER BB Ir RESOLVED that a copy of this resolution be transmitted to the Harnett County Board of Commissioners, the Honorable James G. Hartin, Governor of North Carolina, the Honorable James Gardner, Lieutenant Governor of North Carolina, and William N. Cobey, Jr. , Secretary of the Department of Environment, Health, and Natural Resources so that officials of our state and county can be made a",are I of the overwhelming public opposition to this commercial biomedical waste incinerator at the site proposed. Adopted this the 1st day of February, 1990~ ~0.7MN~;~' Oscar N. Harris Mayor 'tt..t,~l1. ~ er~ . Sillmons City erk I_aWl __11I1' HOrM of Maj. Gen. William C. Lee 1111 J' "Father of the Airborne" DOCUMENT NO. 3. STATE OF NORTH CAROLINA COUNTY OF HARNETT RESOLUTION AUTHORIZING ADMINISTRATIVE ACTION REGARDING PROPOSAL TO FORM A SPECIAL SERVICE DISTRICT THAT WHEREAS, The Harnett County Board of Commissioners has I.... received a petition from citizens owning property or residing in or near the community of Bunnlevel in Harnett County, North Carolina, seeking the formation of a special service district for the purpose of imposing a tax levy to support the providing of emergency ambulance and rescue service within such district, and WHEREAS, any proposal to form a special service district requires a substantial amount of preliminary work by the County in which said district may be established prior to the time a decision regarding the possible formation of such a district can be made by the governing Board of such County, and WHEREAS, the Board of Commissioners of Harnett County has determined that there is sufficient interest and support for the possible formation of such a district to justify the taking by the County of Harnett of steps that might be required and action that might be designated by law in order that an appropriate decision may be made in a timely fashion about the possibility of establishing such a district, and WHEREAS, the subject district, if established as presently proposed, would encompass all of the existing Flatwoods Fire 1 District and that area of Stewart's Creek Township which is included in the Summerville Fire District, and WHERE AS, authorization for the appropriate employees and representatives of the County of Harnett is needed prior to the time steps which might be required in order to consider such a district as that presently proposed are taken, and WHEREAS, it is the desire of the Harnett County Board of Commissioners to authorize the taking of such preliminary steps as might be required so that the subject proposal might be considered at an appropriate time. 126 NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners for the County of Harnett, North Carolina, that the Harnett County Manager, the Harnett County Attorney, and other appropriate representatives or employees of the County of Harnett shall be and they are hereby authorized to take such steps as might be required or necessary to pursue the statutory and I administrative processes relative to the proposal to establish a Special Service District as above referenced. This 5th day of February, 1990. . HARNETT COUNTY BOARD OF COMMISSIONERS .y.~)J~ Ll yd . Stewart, Chairman ATTEST: 'L'L I ~ ~ 0. .-A Vanessa You , ci~ DOCUHENT NO. 4. / (919) 193-7557 FINANCE OFFICE FINANCE OFFICER \ VANESSA W. YOUNG DISPOSITION SCHEDULE January 24, 1990 1- Disposed of the following bank statements I I Harnett County Athletic Association - February 1980 through December 1980. Harnett County Youth Football - February 1980, May 1980 and August 1980. Harnett County Special OlympiCS - February 1980 through August 1980. 2. Disposed of the following blank checks I Riverside Fund - check "s 1079-2000 Harnett County Athletic Association - check "s 368- 400 Harnett County Youth Football - check "s 119-250 Harnett County Special OlympiCS - check "s 200-250 3. Disposed of General Fund journal vouchers from July 1980 through June 1983. 4. Disposed of Buies Creek/Coats Water & Sewer District check registers from September 1983 through June 1984. 5. Disposed of Buies ~reek/Coats Water & Sewer District invoices from July 1983 through June 1985. 6. Disposed of the following reports. Sales & Use Tax Reports from October 1962 through June 1987. Supplemental Retirement Reports from January 1986 through June 1987. 7. Disposed of the following payroll informationl State Withholding tax forms - 1978 through 1983. Blue cross Blue Shield insurance check copies - Juiy 1982 through June 1986. I Federal Withhoiding tax forms - January 1982 through December 1984. Federal Quarteriy reports - March 1983 through December 1984. Quarterly Employment Security Commission reports - December 1980 through December 1984. FICA tax records - January 1983 through December 1984. Chore Workers time sheets - June 1986 through July 1987. 8. Disposed of the following check copiesl Facilities Fees - July 1980 through June 1984. DSS Trust Fund - June 1984 through June 1986. Buies Creek/Coats Water & Sewer District - February 1983 through April 1983. Buies Creek/Coats Water & Sewer District - September 1983 through September 1984. ---..---.- - ~ 127 DOCUMENT NO. 5. HARNETT COUNTY NORTH CAROLINA RESOLUTION I WHEREAS, the County of Harnett is submitting the names of all of the roads to be identified with road signs to the Department of Transportation; and WHEREAS, the County of Harnett is requesting funding from the Department of Transportation for 70% of the cost of the signs (signs, posts, nuts, bolts, brackets); and WHEREAS, the County of Harnett agrees to pay 30% of the cost of the signs, and 100% of the cost of the installation anu maintenance of the signs. NOW THEREFORE BE IT RESOLVED by the Harnett County Board of the Commissioners that 30% of the cost of the signs or approximately $ 12,107.68 be appropriated to cover the cost of orderin~ the signs. Adopted this 5th day of February, 1990. ~e~~. Harnett County Board of Commissioners ATTEST: ~'tJ. ~'-'f Vanessa Young, C rk DOCUMENT NO. 6. I ORDINANCE AMENDING AN ORDINANCE ENTITLED PERSONNEL ORDINANCE FOR HARNETT COUNTY, NORTH CAROLINA ADOPTED JULY 18, 1988 WHEREAS, the Harnett County Board of Commissioners adopted an ordinance on July 18, 1988, entitled "Personnel Ordinance for Harnett County, North Carolina"; and WHEREAS, this Board is of the opinion that the amendment set forth below is necessary to the clear and efficient working of the ordinance. NOW, THEREFORE, BE IT ORDAINED that Article III, Section 9, of the Personnel Ordinance is hereby amended to add item (f) to Article III, Section 9, of the ordinance as provided below. Section 9. Overtime (f) Fluctuating Workweek. The Fair Labor Standards Act regulations permit employers to pay non-exempt employees a fixed salary for a fluctuating workweek and to compensate them for their overtime hours on a '~alf- time" basis. Under this method of compensation, an employee is paid a fixed salary covering whatever number of hours the job demands in a given week. With straight-time already compensated in the salary, only one-half the basic rate must be paid for overtime. The amount of the half-time payment will necessarily vary depending on the number of hours worked in excess of forty (40) hours in the workweek. The fluctuating workweek will be used for salaried county employees in Emergency Medical Services and Sheriff's Communications functions. I This Personnel Ordinance addition will be implemented effective March 9, 1990. Duly adopted this 5th day of February, 1990. HARNETT COUNTY BOARD OF COMMISSIONERS ~/:J~ Llo G. Stewart, Chairman ATTEST: 1[,.~ 'Lei. .'('\A<"'-,,",,/ Vanessa W. Youn,) C1er- 128 DOCUMENT NO. 7. RESOLU':ION REGARDING I PROCURBMBft OF BRGIDERIRG SERVICES (WASH SLUDGB DISPOSAL STUD!' PROJBC~) THAT WHEREAS, the County of Harnett, in association with its wastewater facilities projects, desires to develop a cost effective method for disposing of waste activated sludge; and WHEREAS, it is the opinion of the Board of Commissioners of Harnett County (hereinafter sometimes referred to as the "Board") that it should employ engineers to develop such method; and WHEREAS, the Board desires to employ an engineering firm which is competent and qualified to provide such services, but finds that in order to obtain the best pricing available and to hold costs at a minimum, it is of the utmost importance to consider the expense of obtaining the same; and WHEREAS, the Board is aware of the declaration of public policy regarding selection of engineers as expressed in N.C. Gen. Stat. S 143-64.31 et. seq.; and WHEREAS, such procedures as outlined in said statutes are not clear and may require the expenditure of unnecessary monies in order to comply with the same; and WHEREAS, N.C. Gen. Stat. S 143-64.32 authorizes units of local government to exempt particular projects from the provisions of N.C. Gen. Stat. S 143-64.31 in the sole discretion of the unit of local government, stating the reasons therefor and the circumstances attendant thereto; and WHEREAS, the Board desires to exempt the above described Project from said provisions as hereinafter provided. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Harnett County that: 1- Pursuant to N.C. Gen. Stat. S 143-64.32, the Waste Sludge I Disposal Study Project and all matters associated therewith shall be and hereby is declared exempt from the provisions of Article 3D, Chapter 143 of the General Statutes of North Carolina (N.C. Gen. stat. S 143-64.31 et. seq. ) . 2. The following reasons therefor and the circumstances attendant thereto are stated: a. Due to the desire of the County to obtain the best pricing available and to hold costs at a minimum, the County finds that it is vital that the expense of the engineering services desired be studied in the County's evaluation process. b. The County is uncertain as to what procedures it must follow under the statutes cited above and therefore desires to eliminate any difficulties it may incur related thereto. c. The County desires to procure the appropriate services as described pursuant to the least costly procedure available. 3. The appropriate officers, agents and representatives of the County are hereby directed to take such actions as are required to effect the intent of this Resolution. Duly adopted this 5th day of February, 1990, upon motion made by Commissioner Shaw , seconded by Commissioner Collins , and adopted by the following vote: Ayes 5 Noes 0 Absent 0 Abstained 0 Board of commissioners of I The County of Harnett By: 1!::1)7 ~-- Lidyd . Stewart, Chairman ATTEST: L~- '-t,~, Vanessa W. Young Clerk of the Boa d 129 DOCUMENT NO. 8. Re.olu~ion Regarding In.tall..n~ purcha.e Con~ract (Supervisory Control and Da~a Acquisi~ion Syst..) I WIT N E SSE T H: The County of Harnett (hereinafter sometimes referred to as the "County"), by and through its Department of Public Utilities, operates and manages the water supply and distribution systems of several water service districts within Harnett County. One of the requirements for the proper operation of these water distribution systems is the utilization of system monitoring and regulation and data gathering. Currently, the County is now operating with a variety of equipment. The older equipment was generally added as the system was built and operates over leased telephone lines. Many of these devices are outdated or obsolete, but are not yet out of service. Due to the rapid growth of the various county water districts, recent major expansions of water distribution systems within the County, and the need for efficient operation of those systems, the County has determined that it should acquire a Supervisory Control and Data Acquisition System (hereafter sometimes referred to as the "SCADA System") for the purpose of monitoring and regulating the water distribution systems. The architecture of the SCADA System to monitor and regulate the water systems is planned to consist of a failover type I microcomputer based master system, radio communication, and thirteen remote terminal units. The master system will be located at the Water Plant in Lillington and the remote terminal units will be located at the various pump stations and water storage tanks. The total cost of the SCADA System is estimated to be $303,000. A breakdown of that proposed cost is as follows: Acquisition/Installation $ 233,597 Administrative and Legal 4,000 Engineering/Technical Services 44,000 Contingency 21.403 TOTAL 303,000 The revenue to finance the cost of the acquisition of the SCADA System is planned to be derived from two sources, stated as follows: Cash available $ 103,000 Loan proceeds 20Q.QOO TOTAL 303,000 The cash available is derived from monies currently budgeted for SCADA equipment associated with on going water facilities construction. As stated, the remainder of the cost of the SCADA System is to be financed. In evaluating the most appropriate method for financing the I cost of the acquisition of the SCADA System, the County has determined that it should pursue the use of an installment purchase contract as authorized by N.C. Gen. Stat. S160A-20. In connection therewith, the County has consulted the Local Government Commission of the Department of the State Treasurer for the purpose of ascertaining the various requirements associated with an installment purchase contract. Pursuant to the procedures and policies promulgated by the Department of the State Treasurer for approval of installment purchase contracts, the County has proceeded to locate the most appropriate financing for acquisition of the SCADA System. 130 The County has requested financing proposals from the following financial institutions: 1 First Citizens Bank & Trust Company 2 Mid South Bank & Trust Company I 3 MNC Government Finance 4 NCNB National Bank of North Carolina 5 Southern National Bank of North Carolina 6 Wachovia Bank & Trust Company and has received proposals from the following of those above named: 1 First Citizens Bank & Trust Company 2 Mid South Bank & Trust Company 3 Southern National Bank of North Carolina After evaluating the proposals of the institutions named it is the opinion of the County that the acquisition of the SCADA System should be financed under the installment purchase contract method. In support thereo~, and for the purpose of complying with the aforementioned procedures and policies for approval of installment purchase contracts as specified by the Department of the State Treasurer, the Harnett County Board of commissioners, as the governing body of the County, hereby makes the following findings and/or statements: 1- The proposed contract with a financial institution I regarding the financing of the acquisition of the SCADA System, should provide for said institution to loan the maximum sum of $200,000 to the County. The term of the loan shall be from seven (7) to ten (10) years, and the rate of interest shall be no more than eight (8) percent. 2. The acquisition of the SCADA System and the financing therefor as described is necessary and expedient for the County for the following reasons: a) Harnett County covers an area roughly 30 by 20 miles with a number of facilities located near the perimeter. Therefore, the water system must be controlled over relatively large distances. The County also must control tank levels by running pumps in stations several miles from the tank sites. The needed controls can be met by the SCADA System which will monitor tank levels and start pumps to replenish the tanks. I b) Harnett County purchases electrical energy from Carolina Power and Light Company at rates which vary depending on the time of day and the season. The SCADA System will control the water system so that it will operate during low rate periods, thus reducing energy costs to the County. c) The SCADA System will monitor misoperation of the water system and/or equipment malfunctions. ~------ 131 These problems would be immediately detected I and the Utility Department could then respond without having to rely on customer reports. d) The SCADA System will monitor and compute data to determine needs for increases in capacity and to identify areas where use is expanding beyond the design limits. e) The cost of operating the existing system used by the County to monitor facilities is increasing. The system operates over leased telephone lines and the cost of these lines has been increasing, particularly since deregulation of the telephone companies. The current cost for data acquisition through the leased lines is $16,800 a year. The SCADA System will be operated by radio communication and the cost of the telephone lines will be eliminated. 3. The sums to fall due under the financing as proposed are not excessive due to the following reasons: a) The rate for the chosen method of financing is I not substantially different from other rates quoted in the proposals received. For example, the rate quoted by Mid South Bank and Trust Company is a fixed rate of 7.75% for an 84 to 120 month term. The rates quoted by First Citizens Bank and Trust Company for a 60 month term is 7.14% and the rate quoted for an 80 to 120 month term is variable with a floor of 7% and a ceiling of 8%. b) The monies saved in elimination of telephone communication costs will be applied towards the sums due. As mentioned, the current yearly cost of the leased telephone lines is $16,800 or $1,400 per month. This sum will be applied to the loan payment each month. 4. The attorney for Harnett County responsible for its public utilities matters has rendered an opinion that the proposed undertaking is authorized by law and is a purpose for which public funds may be I expended pursuant to the Constitution and laws of North Carolina. 5. The proposed installment purchase contract as described herein, under the circumstances attendant thereto, is preferable to a general obligation or revenue bond issue for the following reasons: a) Based upon current budgetary requirements, the sum of $200,000 exceeds the amount that can be prudently raised from available appropriations and unappropriated fund balances. 132 b) Harnett County has no non-voted bonds that could be issued by it in the current fiscal year pursuant to Article V, section 4 of the North Carolina Constitution (the two-thirds I limitation) . c) The contract method has been chosen because it is vital that the SCADA System be acquired as quickly as possible to accommodate new facilities soon to require SCADA System monitoring, thus eliminating double costs of purchasing equipment compatible to the existing monitoring system, and later purchases associated with converting such facilities to the SCADA System. The time period associated with a general obligation bond issue would not meet the immediate needs of the County. d) The contract method has been chosen because the costs associated with authorizing general obligation bonds or revenue bonds would be excessive in light of the small size of the required funding. 6. The estimated cost of financing the undertaking under the contract method of financing compares reasonably with an estimate of similar costs under I bond financing for the same undertaking in that: a) The current rates of recently issued bonds, while less than the rate provided under the contract method, are not significantly lower so as to offset the savings realized by reason of not having to incur the costs of a bond authorization procedure and associated marketing costs. For instance, the County has been advised that current municipal bond rates, as found in the Bond Buyer's Index, approximate 7.19%. The difference between the chosen rate and this 7.19% rate is not of great significance considering that the following expenses will be saved: i) Costs for ballots ($500.00) ii) Costs for manhours to open polling places (several thousand dollars-22 polling places would be opened) iii) Bond Counsel fees (the County recently incurred $3,355 in Bond Counsel fees I associated with a Note Sale) b) Under the contract method, because escrow accounts may be utilized, only one closing would be required. Otherwise, a bond anticipation note closing and a bond closing would most likely be required. The resultant savings support the reasonableness of the contract method. It has been the County's experience that expenses of about $900.00 have 133 been paid to the Local Government Commission with respect to each such closing. 7. As evidenced by the annual audits of the County, the debt management policies of the County have been I carried out in strict compliance with the law and same shall henceforth be so carried out. 8. There shall be no increase in the property tax rate of the County to raise sums to fall due under the financing contract. The sums to fall due will be raised from water system user fees. A rate increase in anticipation of this financing has already been invoked. 9. The undertaking to be financed is a part of a utility public enterprise system. A projection of the revenues and expenses of the water utility enterprise during the term of the proposed contract, taking into consideration additional revenues and expenses to be generated by the undertaking and the payments required by the contract is as follows: Fiscal Ye8J;. Revenues Expenditures 90-91 3,559,267 3,559,267 91-92 3,445,203 3,445,203 I 92-93 5,276,703 5,276,703 93-94 3,607,780 3,607,780 94-95 3,716,013 3,716,013 95-96 3,827,493 3,827,493 96-97 3,942,318 3,942,318 97-98 4,060,587 4,060,587 98-99 4,182,405 4,182,405 99-00 4,307,877 4,307,877 The above projections include system expansions as currently anticipated. 10. The County is not in default in meeting its debt service obligations. No notices of default have been given to the County and no litigation regarding unrnet debt service requirements has been or is pending. Having set forth the above findings and/or statements as requested by the Department of the State Treasurer, it is the desire of the Board of Commissioners to authorize the taking of the various steps required to continue the processing of the referenced installment purchase contract and to authorize execution of the I same. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett that: 1. The County of Harnett hereby authorizes the County Manager, the Director of Public Utilities and the Public Utilities Attorney to proceed with finalization of a financing proposal within the guidelines herein provided, the same to be presented to this Board for final review. 2. The County of Harnett is hereby authorized to enter into 134 an Installment Purchase Contract with a financial institution upon the terms hereinabove described, subject to the satisfactory preparation of contract documents related to the same, subject to the final review by this I Board of said Contract after public hearing, and subject to the approval and acceptance of the same by the Local Government Conunission of the Department of the State Treasurer. 3. Those findings and/or statements hereinabove made are hereby incorporated by reference and made a part hereof 4. The County of Harnett is authorized and directed to file an application with the North Carolina Local Government Conunission seeking approval of the above described Installment Purchase Contract. 5. A public hearing shall be held on the said Installment Purchase Contract at 7: 15 o'clock p.m. on the 19th day of February, 1990 in the Harnett County Office Building, Lillington, North Carolina. 6. Said public hearing shall be noticed and conducted in accordance with the General Statutes of North Carolina. 7. John M. Phelps, II, Harnett County Public Utilities Attorney, is designated as representative of the County for the purpose of seeking the approval of said Contract, and with respect thereto is authorized and directed: I a) To file application with the Local Government Conunission of the Department of the State Treasurer for approval of the Contract, b) To employ Bond Counsel to represent the County where appropriate, and c) To prepare the appropriate notice of the public hearing above described. 8. The Chairman of the governing body of the County, the Clerk to the governing body, the Finance Officer of the County, the County's Public Utilities Attorney and such other representatives of the County as are required are hereby authorized to take any and all such further action as may be necessary or advisable to carry out the intent of this Resolution. Duly adopted this 5th day of February, 1990 upon motion made by conunissioner Shaw , seconded by conunissioner Smith and adopted by the following vote: AYES 5 NOES 0 ABSTAINED 0 ABSENT 0 I ~he Board of Co_issioners of the County of Barnett ~k At;;;J , By: Llo d @. Stewart Chairman of the Board ATTEST: ~'tL\.'-{~ Vanessa W. Young, BIer 135 DOCUMENT NO.9. RBSOLUTIOR OPPOSIRG CBRTAIR PROVI8I088 OP THE PEDERAL RURAL ECOIlOllIC DBYBLOPMBft ACT OP 1989 I THAT WHEREAS, on November 1, 1989 a bill was introduced in the United States House of Representatives which has been designated as the Rural Economic Development Act of 1989 (H.R. 3581); and WHEREAS, said bill, among other things, restructures the methods and procedures utilized in determining the disbursement of funds provided through the Farmers Home Administration of the United States Department of Agriculture for water and wastewater programs; and WHEREAS, based upon its past experiences with the Farmers Home Administration, the Board of Commissioners of Harnett County finds that the previously adopted and currently used methods and procedures for disbursement of such funds are fair and equitable; and WHEREAS, said Board further finds that such methods and procedures are currently being applied in an impartial manner by the Parmers Home Administration; and WHEREAS, it is the opinion of the Board that where current methods and procedures are fair and equitable and where the same are being applied appropriately, that there is no justification for changing such methods and procedures; and WHEREAS, it is the desire of the Board of Commissioners of Harnett County to state its opposition to such portions of the bill hereinabove referred to which restructure the methods and procedures utilized in disbursing Farmers Home Administration water and wastewater funds; NOW, THEREFORE, BE IT RESOLVED BY the Board of Commissioners of Harnett County that: 1. Said Board hereby states its opposition to such portions of the proposed Rural Economic Development Act of 1989 which restructure the methods and procedures utilized in I determining the disbursement of funds provided through the Farmers Home Administration. 2. The County Manager is hereby directed to forthwith transmit copies of this Resolution to the members of Congress representing Harnett County and to such other persons as he deems advisable. Duly adopted this the 5th day of February, 1990 upon motion made by Commissioner Hudson , seconded by Commissioner ~w and adopted by the following vote: Ayes 5 Noes 0 Absent 0 Abstained 0 Board of Commissioners of The County of Harnett By: .-l~.~ ~ ~ -- ~Stewart, Chairman ATTEST: ~w~u~~ I 136 DOCUMENT NO. 10. RESOLUTIOB REGARDING WATER SERVICE 'rO BLLERBLIE SUBDIVISIOB CUMBBRLAIID CO.. II ...., lIORD CAROLINA THAT WHEREAS, Harnett County (hereinafter sometimes referred I to as the "County"), pursuant to N.C.Gen.Stat. S153A-275 and related statutory provisions, is authorized to acquire, maintain, own and operate water supply and distribution systems outside its boundaries; and WHEREAS, pursuant to that certain Contract and Agreement dated March 7, 1988 between the County, ~ Al and C. Thomas Wood, ~ W, the County has acquired and now owns, operates and maintains a water distribution pipeline along S.R. 1607 in Cumberland County, North Carolina; and WHEREAS, William H. Elliot, Jr. and wife, Frances H. Elliot and John L. Canady and wife, Janice B. Canady (hereinafter sometimes referred to as "Developers") are developing into building lots a tract of land along said S.R. 1607, known as Ellerslie Subdivision; and WHEREAS, said subdivision is currently being provided water through a water system owned and operated by Brookwood Water Corporation (hereinafter sometimes referred to as " Brookwood " ); and WHEREAS, it is the desire of the Developers to make provision for said subdivision to be supplied water by the County, and to that end has entered into an Agreement with Brookwood dated June 9, 1989 to purchase the water distribution system within said subdivision; and WHEREAS, it is the further desire of the Developers, after providing the consideration to Brookwood for purchase of the referenced water distribution system, that Brookwood convey the same to the County; and WHEREAS, attached hereto as "Exhibit 1" is a copy of an Agreement between the Developers, Brookwood and the County setting forth the details of the transfer of the existing water system serving Ellerslie Subdivision to the County, and providing for the future construction of water facilities to serve said subdivision; I and WHEREAS, it is the desire of the County to enter into said Agreement as provided. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Harnett County that: 1 . The Chairman of the Board and Clerk to the Board are hereby authorized and directed to execute that Aqreement between William H. Elliot, Jr. and wife, Frances H. Elliot and John L. Canady and wife, Janice B. Canady, Brookwood Water Corporation and the County of Harnett, a copy of which is attached hereto as Exhibit 1. 2. Dallas H. Pope, Harnett County Manager, is hereby authorized to execute for and in behalf of the County of Harnett such documents. and papers as necessary, including the appropriate Application ( s ) to enable the applicable authorization from the North Carolina Utilities Commission to be obtained, so as to effect the transfer of the water system serving Ellerslie Subdivision to the County of Harnett. Duly adopted this 5th day of February, 1990 upon motion made by Commissioner Shaw , seconded by Commissioner Smith , and adopted by the following vote: Ayes 5 Noes 0 Abstained 0 Absent 0 Harnett County Board of Commissioners By: .h ~ Attest: b.~n~i\~'kJ to the Board ?J 137 EXHIBIT 1. NORTH CAROLINA I AGREEMENT HARNETT COUNTY r/, THIS AGREEMENT, made and entered into this ~ day of ~~Jt-' 1990 by and batween WILLIAM H. ELLIOT, JR., and wife, FRANCES . ELLIOT and JOHN L. CANADY and wife, JANICE B. CANADY (hereinafter sometimes referred to as "Developer"), BROOKWOOD WATER CORPORATION of 1000 Wildwood Drive, Fayetteville, North Carolina 28304 (hereinafter sometimes referred to as "Brookwood" ) and the COUNTY OF HARNETT, a body politic organized and existing under the laws of the State of North Carolina (hereinafter sometimes referred to as "County"). WIT N E SSE T H THAT WHEREAS, County operates and manages a water production facility and several water distribution systems located within its boundaries, and has established a Department of Public Utilities for the purposes of operating and managing the same; and WHEREAS, County, pursuant to N. C . Gen. Stat. S153A-275 and other related statutory provisions, is authorized to acquire, maintain, own and operate water supply and distribution systems outside its boundaries; and I WHEREAS, pursuant to that certain Contract and Agreement dated March 7, 1988 between the County, et. a!. and C. Thomas Wood, et. als., the County has acquired and now owns, operates and maintains a water distribution pipeline along S.R. 1607 in Cumberland County, North Carolina; and WHEREAS, Developer is developing into building lots a tract of land in Carvers Creek Township, Cumberland County, North Carolina along said S.R. 1607, known as Ellerslie Subdivision; and WHEREAS, said subdivision is currently being provided water through a water system owned and operated by Brookwood; and WHEREAS, said subdivision has experienced low water pressure on occasions resulting in an inadequate water supply to its residents; and WHEREAS, it is the desire of Developer to make provision for said subdivision to be supplied water by County, and to that end has entered into an Agreement with Brookwood dated June 9, 1989 to purchase the water distribution system within said subdivision; and WHEREAS, it is the desire of Developer, after providing the consideration to Brookwood for purchase of the referenced water I distribution system, that Brookwood convey the same directly to the County; and WHEREAS, County is willing to accept the conveyance of said water distribution system and thereafter provide water service to said subdivision, but only upon the terms and conditions herein set forth. 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, it is agreed as follows: _..~_._..~ -~.- ~-~._- 138 I. EXISTING OWNERSHIP STATUS OF WATER SYSTEM SERVING ELLERSLIE SUBDIVISION It is acknowledged by the parties hereto that the existing water system serving Ellerslie Subdivision is owned and operated by Brookwood. Developer has entered into an Agreement with Brookwood dated June 9, 1989, a I copy of which is attached hereto, for reference, as Exhibit 1, which provides that Developer will purchase the water distribution system and related facilities appurtenant thereto, (including complete water service connections), existing in said subdivision. Such purchase will be consummated upon County's agreement to acquire and thereafter own, operate and maintain the same, and upon approval of such transfer by the North Carolina Utilities Commission. The conveyance of said water distribution system is to be made directly from Brookwood to County, with the consideration for the purchase to be paid by Developer to Brookwood. II. CONDITIONS OF AGREEMENT A. The terms of this Agreement are contingent upon Developer and Brookwood receiving authorization from the North Carolina Utilities Commission to discontinue Brookwood's service of water to Ellerslie Subdivision and authorization from said Commission for the conveyance of the referenced I water distribution system to County. County agrees, subject to the performance of Developer and Brookwood hereunder, to join in such application as may be required by said Commission to obtain approval for the transfer. B. No transfer or conveyance of the water distribution system serving Ellerslie Subdivision shall be accepted by County until the referenced water distribution system shall have received all required approvals from the Division of Health Services of the North Carolina Department of Human Resources, and such other public health agencies or bodies as may be required by law. III. TRANSFER OF WATER DISTRIBUTION SYSTEM A. At such time as all conditions and requirements set forth in this Agreement are met, Developer and/or Brookwood, whichever the case may be, shall convey to County by good and sufficient deed and/or other document of conveyance the entire water distribution system located within Ellerslie Subdivision as is I necessary for the satisfactory delivery of potable water to all developed lots within said Subdivision. B. The water distribution system to be so conveyed shall include all water distribution transmission lines, mains, and/or pipelines and other related appurtenances and/or facilities (including complete water service laterals, connections, and meters) necessary for the transportation and delivery of potable water to all developed lots within said 139 Subdivision, along with all necessary easements and rights of way (as required by County) for the complete maintenance and operation thereof. C. The term "developed lots" shall refer to all those I lots within Ellerslie Subdivision to which a water service connection is now available, the same being described as follows: 1. All the numbered lots and the lot referred to as the "Marlowe Property" as shown on a plat of "Section One Ellerslie" recorded at Plat Book 54, Page 75, Cumberland County Registry. 2. All the numbered lots as shown on a plat of Ellerslie Section One Revision, recorded at Plat Book 59, Page 19, Cumberland County Registry. 3. All the numbered lots as shown on a plat of "Section Two Ellerslie" recorded at Plat Book 60, Page 36, Cumberland County Registry. 4. All the numbered lots as shown on a plat of "Section Three Ellerslie" recorded at Plat Book 62, Page 70, Cumberland County Registry. D. The deed and/or document of conveyance described above shall be in a form and substance approved by County. I E. The conveyance of the water distribution system as herein described shall take place at a place and time mutually agreed upon by the parties. F. At the time of delivery of the document conveying the water distribution system as herein described to the County, Developer shall provide to County a written certification from an attorney licensed to practice in the State of North Carolina stating that the said water distribution system and related easements and rights of way to be conveyed are free and clear of all liens and encumbrances. G. Any and all deeds of trust, liens or other charges against the water distribution system and related easements and rights of way to be conveyed shall be paid, cancelled or otherwise removed as against the same. H. Prior to or at the time of delivery of the document conveying the water distribution system as herein described to the County, Developer will provide the I County three (3 ) sets of plans indicating the present location of the water distribution system to be conveyed hereunder and serving said Ellerslie Subdivision. I. For purposes of maintaining County's financial records, Developer agrees to provide to County at the time of delivery of the document of conveyance a written statement indicating the original cost of the water distribution system and the total amount of depreciation which has accumulated thereon since its construction. 140 IV. CONNECTION A. Developer shall be responsible for any and all costs associated with the connection of the water distribution system herein described to the system of the County. I B. Developer shall be responsible for any and all modifications, extensions or other alterations made to the water distribution system herein described necessary to effectuate the connection of the same to the system of the County and/or to meet any and all requirements of local, state or federal regulations. C. Should Developer expand the water distribution system serving Ellerslie Subdivision beyond its existing size, Developer shall cause a second connection to be made between said water distribution system and the main pipeline located along SR 1607. Such connection shall be made at a place designated by County and in accordance with the specifications, rules and regulations of the County. All costs associated therewith shall be paid by Developer. D. Developer shall install blow off valves, acceptable to and approved by County, at all dead ends in the existing system. The costs for the same shall be I paid by Developer. E. County shall collaborate and cooperate with Developer and Brookwood regarding the connection of the water distribution system herein described to the system of the County, and with respect to providing an orderly transition of service for the water users involved. F. Developer agrees to assist County in organizing County's initial sign-up of the various existing users of the water distribution system in Ellerslie Subdivision by providing County, prior to the delivery of the hereinabove referred to document of conveyance, a list of said users, including said users' mailing address and telephone number. Developer will also collect the required deposits from such users, as required by the County's Rules and Regulations, and pay the same over to County. Developer will also assist County in obtaining completed water user agreements from such users. I G. Developer agrees that upon and after the date the water distribution system serving Ellerslie Subdivision is made, Developer shall allow no cross connection to exist between the County's system and any pipeline containing a contaminant or any pipeline connected to other present or future sources of water. Developer shall abandon all wells associated with the existing water distribution system and render the same incapable of future water 141 production. In connection therewith, all feed lines from the wells will be detached from the water distribution system, and appropriate plugs will be installed. I V. COUNTY OPERATION AND MAINTENANCE OF EXISTING SYSTEM SERVING ELLERSLIE SUBDIVISION A. The County, upon conveyance to it of the water distribution system serving Ellerslie Subdivision, together with all easements and rights of way appurtenant thereto, as owner of the sarne, agrees to operate and maintain said system as part of its water distribution system as operated by the County Department of Public utilities. B. The County agrees to provide potable water to those lot owners within said Ellerslie Subdivision that enter into water use agreements with County through the Harnett County Department of Public Utilities upon the terms and conditions of the applicable Rules and Regulations thereof. VI. CONNECTION FEES A. The water distribution pipeline along S.R. 1607, to which the water distribution system herein described is to be connected has been constructed pursuant to I the terms of the aforementioned Contract and Agreement dated March 7, 1988 between the County et. a!. and C. Thomas Wood, et. also Under the terms thereof, County has agreed to charge a connection fee to water users obtaining water service through or by utilizing the water distribution pipelines constructed thereunder, and to reimburse to one of the parties thereto, to wit: C J Water Corporation, eighty percent (80%) of such connection fees collected. At the current time, the applicable connection fee is One Thousand Dollars ($1,000.00). B. Developer agrees to pay to County for repayment to C J Water Corporation, the sum of Eight Hundred Dollars ($800.00) for each of the developed lots (as herein defined) unless C J Water Corporation specifically, and in writing, relieves the County from its obligation to collect and pay over the same to it. It is anticipated that C J Water Corporation will relieve the County of such obligation with respect to the following of the developed lots: I ( 1) As delineated on a plat of "Section One Ellerslie" recorded at Plat Book 54, Page 75, Cumberland County Registry, those lots numbered: 1 76 2 77 3 78 5 79 6 80 7 81 8 126 142 9 127 10 128 11 129 14 130 15 131 I 16 132 17 133 18 134 19 135 22 136 72 138 73 139 74 140 75 141 (2 ) That lot designated as the "Marlowe Property" as delineated on a plat of "Section One Ellerslie" recorded at Plat Book 54, Page 75, Cumberland County Registry. (3 ) As delineated on a plat of Ellerslie Section One Revision recorded at Plat Book 59, Page 19, Cumberland County Registry, Lot numbered 12. (4 ) As delineated on a plat of "Section Two Ellerslie" recorded at Plat Book 60, Page 36, I Cumberland County Registry, those lots numbered: 13 142 162 144 163 145 164 146 165 147 166 148 167 158 168 160 169 161 171 (5) As delineated on plat of "Section Three Ellerslie" recorded at Plat Book 62, Page 70, Cumberland County Registry, those lots numbered: 94 112 95 113 97 114 104 118 I 105 120 106 121 109 122 110 124 111 125 C. In any event, Developer shall and does, insofar as Developer legally may, hereby assumes, and agrees to indemnify and hold harmless the County from and against any and all loss, costs, expenses, including "_._-~ 143 attorneys' fees, claims, suits and judgments whatsoever in connection with connection fees for the developed lots in Ellerslie Subdivision as the same relate to the payment of a portion thereof to I the parties to the referenced contract dated March 7, 1988. D. In consideration of the conveyance to the County of complete water service connections for the developed lots in the Subdivision, County waives its portion of the described connection fee. Said waiver applies only where complete water service connections exist. E. It is understood that the full amount of the then applicable connection fee shall be charged for all future service connections made to the water distribution system serving Ellerslie Subdivision, whether as now existing or otherwise. As to those of the developed lots for which the County is not relieved of its obligation to collect and pay over connection fees to C J Water Corporation, the percentage of such connection fees to be transmitted to C J Water Corporation shall be due and payable therefor at the time such lot or lots require water service. As to extensions of the water distribution I system at Ellerslie, the then applicable connection fees shall be due and payable at the time such extensions are conveyed to County. Such connection fees or percentage thereof as described shall be paid by Developer upon billing by the County. VII. FUTURE WATER SERVICE TO ELLERSLIE SUBDIVISION A. In the event Developer expands Ellerslie Subdivision or develops related subdivisions on Developer's property located along S.R. 1607, then and in that event, it is agreed that Developer shall construct such water distribution system as is needed to adequately supply and deliver potable water to users located within said expanded subdivision or related subdivision, upon the following terms and conditions: 1- Developer shall cause the water distribution system to be constructed in accordance with the specifications of the County as provided through the County Department of Public I Utilities, and Developer shall permit representatives of County to inspect the construction and installation of the said water distribution system to verify the same. 2. Developer shall cause plans and specifications for the described water distribution system to be completed in accordance with standard engineering practices and procedures by a qualified engineering firm acceptable to and approved by the County, and Developer shall 144 provide copies of the plans and specifications, for approval, to the County and to its Department of Public Utilities. 3. Developer shall provide to County and its Department of Public Utilities, prior to the I commencement of the construction and installation of said water distribution system, shop drawings of all materials to be used for construction. 4. Developer shall obtain and acquire continuous and adequate easements, and rights of way on private lands necessary to erect, construct, install and lay, and thereafter use, operate, inspect, repair, maintain, replace, remove, change the size of or protect said water distribution system. 5. Developer shall obtain and acquire permits, franchises, and authorizations or other instruments by whatsoever name designated, from public utilities and public bodies, commissions, or agencies such as are necessary to erect, construct, install and lay, and thereafter use, operate, inspect, repair, maintain, replace, remove, change the size of I or protect said water distribution system upon, along or across streets, roads, highways and public utilities. 6. Developer shall obtain approval for the construction and completion of the water distribution system from the necessary federal, state and/or local governments and agencies, prior to and/or at the time of completion. 7. Developer shall cause the construction and installation of the water distribution system to be completed in accordance with standard engineering and contracting practices and procedures, by a qualified contractor acceptable to and approved by the County. 8. Developer shall provide County and the County Department of Public utilities three (3) entire sets of drawings of the completed water distribution system as constructed and as is conveyed to County as hereafter provided. 9. In the event that the construction and I installation of the water distribution system is not completed as set forth herein, then County shall notify Developer ~f such fact and in what ways the construction does not meet the terms of this Agreement, and it shall be the duty of Developer to thereafter correct such items or things as do not meet the terms hereof. 145 10. Upon completion of the construction of the said water distribution system, and inspection, approval and acceptance thereof by County through its Department of Public Utilities, I Developer shall convey by good and sufficient deed and/or other document of conveyance to County the entire water distribution system , together with all easements, rights of way, permits, franchises, authorizations, or other instruments as described in paragraphs VII (A) (4) and VII (A) (5) above needed to operate and maintain the said water distribution system. B. Developer hereby warrants that a water distribution system to be constructed by Developer, and thereafter conveyed to the County as described above, shall be constructed with good material and in a workmanlike manner and shall be properly 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. C. If the said water distribution system shall, I within twelve months from the date of acceptance thereof by the County, cease to operate as warranted, then the County shall cause the system to be corrected and the cost thereof, including material and labor, shall be paid by Developer. D. Developer shall and does, insofar as it legally may, hereby assumes, and agrees to indemnify and hold harmless the County, its successors and assigns, from and against all loss, costs, expenses, including attorneys' fees, claims, suits and judgments whatsoever in connection with sickness, injury to or death of any person or persons, ,or loss of or damage to property caused by or in any way connected with the installation, use or presence of said water distribution system, howsoever caused, during said one year warranty period. E. County agrees to provide potable water to those lot owners within said expanded subdivision or I related subdivision that enter into water use agreements with the County through its Department of Public Utilities, upon the terms and conditions of the applicable Rules and Regulations thereof. F. It is understood that the County, upon and after conveyance to it of said water distribution system, as owner thereof, shall, operate and maintain said water distribution 146 system as part of its water distribution system, as operated by the County Department of Public Utilities. VIII. GENERAL PROVISIONS A. REVENUES. Upon and after conveyance of the I existing water distribution system serving Ellerslie Subdivision to County and upon and after conveyance of any future water distribution system to County as described in Section VII of this Agreement, County shall be entitled to collect and retain all revenues and other charges from and relating to the sale of water to all users served through such water distribution system. B. OTHER SERVICES. Upon and after conveyance of the existing water distribution system serving Ellerslie Subdivision to County and upon and after conveyance of any future water distribution system to County as described in Section VII, of this Agreement, County may allow other users to be served by said system. C. CONNECTION AND WATER TRANSPORTATION. County shall have, without charge, the right to connect or interconnect any water distribution I system conveyed to it as provided in this Agreement with any other water distribution system it desires and shall have the further right, without charge, to transport water through the same. D. SUBJECT TO RULES AND REGULATIONS. The operation and maintenance of any water distribution system conveyed to County as provided in this Agreement is subject to and governed by Rules and Regulations adopted by the County for its Public Utilities Department and all fees, connection fees, charges and/or costs related to such operation and maintenance are controlled thereby and are subject to change. E. CONNECTION APPROVED. Any connection made to any water distribution system conveyed to County as provided in this Agreement is subject to and regulated by said Rules and Regulations and any such connection shall be approved by I County and/or its Department of Public Utilities prior to such connection. F. BINDING EFFECT. In the event Developer should cease to own the properties along S.R. 1607 which Developer is now developing or intends to develop, whether the result of sale, assignment, legal process, or otherwise, this Agreement shall be binding on said Developer's - - ---- - 147 successor(s) in interest. It is further understood and agreed that the terms hereof are binding on the parties hereto and their heirs, I successors, assigns, and legal representatives. Executed by Developer. thl. .:?,~ ~y o~ 199. ~~ William H. Eiliot, Jr' ) ~ - 9(. ?~ (SEAL) Frances H. Elliot 2ld~SEAL) EAL) Executed by Brookwood, this 1.. S 7~ day of ,lao" u u "'1 ' 1990 BROO~ 00 WATER~TION By: ) ~ / J.. LL-~ ~ . t_ f:-- r a ", - (Print or Type Name) President I ATTEST: ~~~,r:>--~ ,\,-,~~___ " - '~c-~'-"..... \-.~, c\.~Q~- (Print or Type Name) ~~~~~~secretary Executed by County, this 5th day of Februarv , 1990 THE COUNTY OF HARNETT By: ~.:~!~ Ha ett County Board of .1.C~ '1.~J. y/ ~ Commissioners Vanessa W. Young, & Clerk to the Board I AGREEMENT THIS AGREEMENT entered into this the '14- day of June, 1989, by and between Will~am H. Elliot, Jr. and aohn L. Canady, hereinafter referred to as Developer, and 8rookwood Water Corporation, hereinafter referred to as Brookwood; WHEREAS, Developer i. developing a tract of land in Carvers Creek Township on SR 1607, Cumberland County, North Carolina, known as Ellerslie into building lots; and - ~- 148 WHEREAS, Developer entered into an agreement with Brookwood for the installation and ownership of the community water system at Ellerslie which agreement is dated October , .1983, which agreement is hereinafter referred to as Water Agreement; and WHEREAS, in the Water Agreement for the water system, Developer has the obligation to construct the water system in its I entirety and install at Developerls cost all features necessary for satisfactory operation of the water system for receiving approval of the North Carolina Division of Health Services, Cumberland County Health Department and North Carolina Utilities Commission. It was stated in the Water Agreement that the Developer would install, at the Developer's cost, the additional wells and tanks required as a system is enlarged to serve the entire 100 acre tract: WHEREAS, the Ellerslie Subdivision has experienced over the years low pressure on occasions with an inadequate water supply for the customers. The low pressure and inadequate water supply have primarily occurred during the spring and summer months when customers are doing extensive lawn, garden and shrub irrigation particularly on weekends and evenings; WHEREAS, Developer has drilled a third well for the Ellersl1e Subdivision but has experienced difficulty obtaining a legal easement to the well. This third well is a shallow sand well less than 75 feet deep and the dependability of this supply from this well over a long period of years is questionable: I WHEREAS, the Harnett County Water System (hereinafter Harnett) has a water main on Elliott Bridge Road outside the subdivision. The developer has spoken with appropriate officials of Harnett and Harnett is agreeable to providing water service to Ellerslie subdivision; WHEREAS, Brookwood is the owner of the water system at Ellerslie and operates the system under a Certificate of Public Convenience and Necessity issued by the North Carolina Utilities Commission (hereinafter the Commission); WHEREAS, Developer rather than"dr1111ng additional wells is desirous of purchasing the water distribution system and well lots from Brookwood and then conveying the water distribution system to Harnett. THEREFORE, it 'is hereby agreed: 1. That the Developer will purchase from Brookwood the water distribution system at Ellerslie consisting of the water mains, valves, blow offs, service lines, meter boxes and meters. Developer shall also purchase the two existing well lots which were conveyed to Brookwood ,by deed dated December 7, 1983 and recorded in Deed Book 3012, page 696, Cumberland County Registry. I 2. Excluded from this purchase are the productton and storage facilities inclUding the well pumps, chemical treatment equipment, water storage tanks, well drop pipes, valve bank and electrical equipment within and adjoining the pumphouses. Ut111ty shall continue to own those properties and shall have the right to remove those properties and equipment up to the time the deeds of trust are paid in full and satisfied as described in paragraph below. Developer shall give Brookwood at least 30 days notice of payment of the note and the need to remo.ve the equipment. "_._~._, ~ ,~ ~.-. 149 3. The purchase price for the water system as described in paragraph one shall be the sum of Twenty One Thousand Dollars ($21.000) . The purchase price will be ~videnced by two promissory notes and shall be secured by first deeds of trust on the two well lots conveyed. The promissory note for the deed of trust on tract No. 1 in said deed in Book 3012. pagt 696, shall bt in tht I principal amount of $16.000. This note shall bt dut and payablt one year from the date of the note and shall bear 1nter"t at the rate of 10.5S per annum. The s.cond well lot b.1ng tract No.2 in said d..d in Book 3012. page 697, shall have a prom1slory not. in the principal amount of $5.000 and shall be due and payable three years from the date of the note and shall also bear 1nt.r.st at 10.5S p.r annum. 4. Brookwood shall convey the two well lots to D.v.loptr by sp.c1al warranty dttd. 5. Developer shall have the right to subdivide tith.r of these well lots and obtain a release of the one half which has been subdividtd by paying ont half of the principal a.ount of tht nott plus accu.ulated interest. If Developer desires to subdivide and obtain a partial release. then Developer shall bear the full cost of the necessary survey and drafting of.the legal instruments and other costs related to the subdividing of the lot including cost~ for county approval. 6. This agreement is subject to the approval of the Commission for the transfer of the water system to Harn.tt which is I exempt from regulation by the Commission and the Commission cancelling the Certificate of Public Convenience and Necessity previously issued to Brookwood. 7. The water distribution system shall be conveyed to developer in an "as is. where is" condition. Brookwood shall not be responsible for any costs of connecting the Ellerslie water distribution system to Harnett or making any modifications to tht Ellerslie water system. 8. Brookwood shall bear all costs for removal of the production and storage equipment on the well lots and the abandonment of the two wells. If p.rm1tt.d by DHS and gov.r...ntal regulations. Oeveloper would have the option to us. th.s. wells with the sale of the lots in which case Brookwood shall be relieved of the requirement to abandon the wells. 9. It shall be Developer's responsibility to negotiate the connection of tllerslie water system to. the Harnett system. Brookwood shall have no responsibility in these negotiations. 10. Brookwood shall continue to operate the Ellerslie water system under the rules and regulations of the North Carolina Utilities Commission up until the time the connection is made to I Harnett and Harnett begins water service to Ellerslie subdivision. Brookwood shall cooperate with Harnett to make this transition as convenient for the customers as possibl.. 11. The terms of this agr.ement shall be binding on 'all parties signing below, their successors. heirs and Ilsigns. ~~~~~ _ H. ot, r. '/. rrrt~ Joh' ~ . ~nad.v. Deve oper B KWOOD WATER CORPORATION A~~ a ter C. Moorman ' Vie:. Pr..tdant. 150 DOCUMENT NO. 11. RBSOL~IO. AUTHORIZING BXEC~IO. OF LICBRSB AGRBBMBRT WI~B S01r.L'DU RAILWAY COMPARY (Two 2-inch water pipeline crossings, Kipling) I WHEREAS, the County of Harnett, through its Department of Public Utilities, pursuant to contract, will operate water transmission lines in the Northwest Water and Sewer District of Harnett County; and WHEREAS, in order to obtain the necessary license to construct and maintain water transmission lines upon and under rights of way or properties owned by the Southern Railway Company, it is necessary for the County of Harnett to enter into the Agreement attached hereto as Exhibit 1; and WHEREAS, the County of Harnett desires to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that: 1. The County of Harnett is hereby authorized to and shall enter into the Agreement with Southern Railway Company attached hereto as Exhibit 1. 2. Dallas H. Pope, Harnett County Manager, is hereby authorized and directed to execute the said Agreement for and in behalf of the County of Harnett. I 3. The expenditure of the sum of One Hundred ($100.00) Dollars as consideration for said License is hereby authorized. Duly adopted this 5th day of February, 1990, upon motion made by Commissioner Smith , seconded by Commissioner Collins , and passed by the following vote: AYES 5 NOES 0 ABSENT 0 Abstained n Harnett County Board of Commissioners ~j /;~' -. By: r:ro,d GL Stewart, Chairman ATTEST: L~, 't.J ~t""1 Vanessa W. Young, I .., Clerk to the Board Exhibit 1 I IT IS AGREED between SOUTHERN RAILWAY COMPANY, a VIrgInia corporation, here1nafter styled Company; and HARNETT COUNTY, NORTH CAROLINA, an InstrumentalIty of government created pursuant to the laws of the State of North Carolina. hereInafter styled Ucensee: 1. Company grants unto LIcensee, Insofar as Its tItle enables It so to do. the lIcense. as a personal prIvIlege and not transferable without the wrItten consent of Company. to construct and maIntaIn 2 pIpelInes across and under the rIght of way or property (hereInafter ca11ed "property") of Company at or near KIPLING. North Carolina as follows: 151 1. A 2-lnch water pIpelIne encased In a 6-lnch pIpelIne at a point 872.5 feet South of MIlepost VF-8: Z. A 2-lnch water pIpeline encased In a 6-lnch pIpelIne at a poInt 569 feet South of MIlepost VF-6. the aforementIoned InstallatIons, hereinafter together called "Facility", beIng those Identified and located substantially as shown on annexed prInts of DrawIngs marked Exhibit A, dated August 31, 1989, ExhibIt B, dated I August 31, 1989, (respectIvely), (furnished by Licensee). Licensee will pay the sum of $100.00 as a consIderatIon for the license hereby granted. Licensee further agrees to reimburse Company, upon bIll rendered, for any and all expenses whIch may be Incurred by Company, resulting from or in connectIon with any such special engIneering 'studies , field supervision or flaggIng protectIon as Company may fInd necessary to perform in connection wIth the Installation or maintenance of saId FacIlIty. 2. Licensee will construct and maintaIn Facility, at Its expense, In such manner as wIll not Interfere wtth operatIons of Company or endanger persons or property of Company, and In accordance wtth (a) plans and spectftcatlons (If any) shown on said print and any other specifications reasonably prescrIbed by Company, (b) applicable regulatIons prescribed by statute or by governmental authorIty, and (c) applicable specIfIcations adopted by the AmerIcan Railway EngIneering Association when not In conflict with plans, specIfIcatIons or regulatIons mentioned In (a) and (b) above. Licensee shall gtve the DIvisIon Superintendent of Company at least 72 hours' advance notIce of Licensee's IntentIon to begin constructIon of said FacIlIty. LIcensee wIll. at Its expense, make such changes In location, grade or constructton of Factllty, as may be, at any tIme, requIred by Company. 3. Whenever cathodic protection Is Installed, Licensee will notify Company prIor to Its being placed In service In order that tests may be conducted on Company's signal and communIcations systems for pOSSible Interference. If saId FacIlIty causes degradation of the sIgnal or communicatIons facIlItIes of Company, Licensee, at Its expense, will relocate the cathodic protection and/or provIde such necessary protectIon and/or corrective equipment as may be necessary to eliminate said Interference to the satisfaction of Company. This provision applies to the existing signal and communtcatlons equipment of Company and to any said sIgnal or communications equIpment which Company may Install In the future. 4. If FacIlIty endangers or Interferes with operatIons of Company, or If Licensee Is In default hereunder and does not remedy such default or condItIon after notice by Company so to do, this license may be revoked by Company and Licensee shall, at Its expense, upon written notice by Company, and In any event upon termInatIon of thIs agreement by either party as I hereInafter provIded, remove Facility from Company's property and restore said property to Its condItion exIstIng prior to constructIon of Facility. If Licensee falls to remove Facility, Company may do so at Licensee's expense. If an emergency arIses whIch In Company's judgment requires ImmedIate repairs to Facility, LIcensee wIll. upon request. do the necessary work, or failing so to do, Company may make such repairs at Licensee's expense. 5. Said Facility shall be constructed and maintatned at the sole risk of Licensee and LIcensee agrees, wIthout regard to neglIgence on the part of Company or any other corporation controlling, controlled by or under common control with Company, to save Compa~y or any other corporation controlling, controlled by or under common control with Company, wholly harmless from and against all claims, damages, expenses and lIabIlity (whether or not such lIabIlity has been judIcially determined) for loss of lIfe, personal Injury or damage to property, resulting from or in any manner attrIbutable to the constructIon maIntenance, use, operatIon or presence of the FacIlIty, or to , C ' the presence of the equIpment or employees of LIcensee. on ompany s property. 6. (a) DurIng the perIod of constructIon or any perIod of maIntenance, repaIr, renewal, removal or relocatIon of the FacIlIty, LIcensee shall insure the oblIgations assumed In Article 5 in a manner and wIth a company satisfactory to Company and with a combIned sIngle lImit (bodily Injury, death or property damage) of not less than $2,000,000. (b) In the event a pIpeline Involves hazardous materIals, Licensee shall provIde evIdence of General LIabilIty Insurance wIth a combined sIngle lImIt of not less than $2,000,000 throughout the term of the agreement. (c) If an outside contractor Is to construct, maIntain, repaIr, renew, remove or relocate saId FacilIty on Company's premises, then LIcensee, in addItIon to the Insurance provIded for In subsectIon (a) hereof, shall require saId contractor to furnish Company with a RaIlroad Protective LIabIlIty Insurance Polley naming Company as the named Insured and Issued to the contractor, with a combIned sIngle lImit of $2.000,000 for all damages arisIng out of bodIly Injury, death, property damage lIabIlity and physIcal damage to property liabIlIty per occurrence wIth an aggregate limIt of $6,000,000. I (d) Evidence of such Insurance (CertIficate of Insurance for the General LiabIlity Insurance polley and the origInal polley of Railroad ProtectIve LIability insurance) must be furnished to and approved by the DIrector Insurance, Norfolk Southern Corporation, 8 North Jefferson Street, Roanoke, VA 24042-0022, prIor to occupancy of the Company's property or commencement of constructIon on Company's premIses. 7. ThIs agreement shall take effect as of the day of ,19 ,and may be terminated by eIther party hereto at any time by 60 days' written-notice to the other of such termination. EXECUTED In duplIcate, each part beIng an orIginal, as of the day of ,19_. SOUTHERN RAILWAY COMPANY By (2-5-90) Real Estate Manager. 152 ~. ' ~_" . Crolliol 110. , CD Itlt'DiI-~ . F.. 'D5ID '211". 0 ~ ~ ~ I :;l: Z 0<' ~ ~ ' _ __ __ . _" '.. SOUTHERN RAILWAY COMPANY . I APPUCATION FOR PIPE UNE ClIUSSING UNDEn 1'1I0rERTIES AN!) TRACKS ' "1:1.. .... ,........... IMlallaU. ....... _ ........lt4 .. ... 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Z. 3 . w ," 5' f at lUICI.a_ CAlvo steel ~teel I a2u honzontol, . ver IC_ __ a1.Io.I., ......".......... ll.o4o --'ltIL~l2p ASA · .1~!0--= ..--: - - ~--l'R'iCi<S' - - - == -t ~~ == -- Mi........ Yield Slrn,tIt.. .........1 PSI 25.000 PSI _~."~ PSI ._ ..-- _== == ,. - == == - . "===. - - ,-- -- Mill THI I"rssur. 1'$1 - _ - - - "=== :...-.- 1_01....... 2.00 b.~~----_.._- - reo ~IGaIli========:-- ., - -- '.m =-''''';::---~ ----- ::'~'::' 1 --==-- ,....... 0;....... 2.375 6' ~T8 __.. :tQP- . ; '~'. ===- :~~..:I::1ts 20'- -""1"0.---- - ~~~-.. :---- - '::-:,c;. =- -=--==--===~=--== Ty,." ....,... nrud.d ---w.Uid---- ~6 sr~mm: ~ -2 ~ - - === - - -- _...._.... .00... ~~'1==i,.-- ~--- VF'.NTS: H_.... Moae SIlo lIal. -..- .,,- ~ ~I - z. . SF.A'J': ItelI..... _~!!r, 0..", __ _._ ....~ :! _ -. ~ J - -- III11IV:.................._J!i.ai_ 5 _;~- ,,----.., --o...--==--l 9~__.__.~ -.. == _ ' UUHV:'...._...Ir_' ~ '1._ 6 _10. - - --'=--==1 BURY: IR....' .tdIIn. 1tl....Jli..tda. . n. _I.. - - === === =-- - - - CATHOlJll' "ROTa~: I I V. 'It 1 No .-.i= - - ~ "IIOTECTIVo.: CuonNG ,It I V.. I ,... K...., -90-:"'- === - - - - ~ === - I ....___._._ oo,~.... 'M' .....__ ~' 4 .1..U.....oIlt1S~II.I... Iorad and 'OIeked ___= - - - _ - == ====.=== :=:=:: ' . _ ~ If ~P"K".._ ". _............ 'If'" .. ..._11... H........ II< ..,..... _'04., ... R..- ;""..... I. .....N.I.... _ == ~- _ I ' 1n:I".h......'... ....,.. ......... IItCftPUlcd " ..... ,.... 'i.. ............ _ 1.1.... ....M .. ...... .11 ...1.1, ... _ ---- ' I . inj.rict _1Iir1t an. .. . ....... .. &k.. iftll.llal..... :::=0- ~ -- 00-. I 1-1 .- . ,WATER DISTRIBUTION FACILITIES . PHASE I ..._ 1-31-.!!...- r;:1IBIaCk &veatcn,1nC. NORTlIWEST WATER a SEWE. OISTRICT OF ~. 110', Sia..... ... n... .. 01'.... Si..... 0;;;;;;;;;'---- ~. -' HA.HETT COUNTY. NORTH CAROLINA EXHIBIT "A" .. . . "."'" '". " : I .aot~' 'Of. ,... 12/.... ' ~ SOUTHERN RAILWAY COMPANY J~~: ~ ~ ~ ~ - -- -.. - ~ c ' APPUC"TIONFORPIPEUHEClIUSSINGUNDEltPnOI'ERnESA~bn.1ACKS' ~. -1- 100' ' ...... .., ".,.... .......... .. lie .......... Ie ... .... 1M ........ .. &lie ....... ~ ..... ~ Is ....... I ~ - - _ ........1 ... ............ .,. .. ... .. strid. ...... .... .....au- .. .... ~ 1biI.., ~ AIIIIti..... .... '" .;l ,....,...... .. UIt ........ llaU.., c.....,. ~ MIl ...... ..... .. .... ... .... .. .......... .. " --- . Z . -1- - ,n.u III . ....iIII....... ..... ............. " cr--.''- ..... ......er. III:aUM .. ft!IIlICt .. Mile ....... ~.... .. .......... ;. _ _ ,: g IUI" .. W.,. _ .. _ ......... --.. ... aD -- ....... 10 ...... I .... . .. &.M,I:,". I- 0. 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J.n_.. ...... ..11.... . . :' _ _ ' -"" 0'6 sfell COSlIlIJ ~.da '0 Wth..,.. pukI. "rlltt... to... retoc.atf1ll . Yes II f"'- Ontr.. No reloeation of ..,aUna b ?!Ii' I 125, jacked under rn~~d With 6a ,___._ JlUll~1IJ[LJI;" ... r.auir.d. '- 01 2"QlIIv. sle.1 pip. ,. "."'",,"oh""""" Pauble .......1_1 IV" 11t....-T_.... AIIbi.ot __ - K\?\.\~'-- ~ . I II. Un. W.d,,_. "resnr. ~ I'SI. FwW test Presw~ 200 I"SI. T,,. tn' - -- -- - . . t "Z..o _ 3:"" ~ 3t . t II, L........' ....1.11..'... ------ --- GeN. Fl..,..~J.bll.I't./'t. RAILROAD CROSSING No. 10 '3, 1'11'>; so.".....It'^TIU...: COlllllo.:lt "II'.: co...... ,'u'o.: ~o. 16 '".20' horlzontol, 1".,'verllcaI N....... C.Iv. ....1 _J.!.!~L____ _,__ _ t~ - --.. -f--- -; . ~. I ~ "aIHi..I~'ClhC.3,...."G'" AST"AlZO .2SAI 16.:!!.__ ______. ---.------t...-- - -- '=:' N;."...'.V....St........ 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'95- I! . ... ~ _ - - - I T''''.:\u~;lndSpKI.I.IIlSULlICN'....S...PI*U Oak skids. 6 pel' joint - ~-~~ . .-_...- .t NcUNd" 1",';llIal_ Bored .nd....t.cked - - - - - - II ;a.......itIMHI &I ..",..,ttI. ''''IeI.lllrMS .. ... R...... 'or atI, CCIS' iltC'WTt4 -, .. R~..._ itIr.'-;;;::':;:'-~. ; - __ _ ~-== - - ...,.......... ....... ._...- _...,...... ., .... _ .... Iost.II.,_. ... I..,... ...... .. ....,. .11 II...UI, ... ....... ==J--- 1 . n- ===j I"~. -r- ... In,WId ......11I a... U I ,...., ... 'II.. ....IUA..... n 4t-- ~ . .l WATER DISTRIBUTION FACILITIES r;:1I- &"- Inc:. PHASE I ..___ 1-31-89 ~goa::oo..n. ---- .. NORTlIWEST WATER a SEWER DISTRICT OF lI;alc Sipa'.,e .. nUt .. UfU;;;S:.~;cA;;;;;;'---'- .......... HARMETT COUNTY, NORTH CAROLINA EXHIBIT B 153 DOCUMENT NO. 12. RE: NOTICE OF TAX SUITS COMMENCED; TAX SUITS DISMISSED AND RELATED SERVICES MONTH OF JANUARY 1990 I NAME SUIT NO. *AMOUNT COL. "COURT ATTORNEY COSTS FEES Anderson Creek Tow~ Parrish, Carolyn 88 CvD 0786 1,326.87 338.40 290.00 Averasboro Township Whittington, Claudia Norris 89 CvD 1424 2,339.26 245.00 190.00 Warren, Richard E. 90 CvD 0055 503.52 250.40 190.00 ilrb~fue Townshi9 Murchison, Heirs of Otha n/a 207.57 25.00 25.00 Sawyer, Heirs of Beatrice B. n/a 933.57 75.00 75.00 Black River Township Day, Laura 89 CvD 1344 1,148.37 246.40 190.00, Buckhorn Township Horton, W. Jack 88 CvD 1386 1,234.64 284.70 190.00 Young, Cecil R. 89 CvD 1490 267.56 199.65 140.00 ~e Township Johnston, Johnny C. & Marie P. n/a 975.80 75.00 75.00 Norris, James E. & Linda 89 CvD 0589 1,997.04 240.40 190.00 Johnsonville Township Garrett, Ophal Mae 89 CvD 1298 3,019.19 250.40 190.00 1.4 , H nqton TownShip 190.00 Bethea, Mary 88 CvD 1380 477.68 235.00 U9per Little River Township 290.00 Baker, Jr., Berta T. 88 CvD 0165 1,790.33 510.00 I McNeill, Andrew & Mary 88 CvD 0143 3 o\L..ll 2.751. 94 ~go.o..Q. Subtotal $18,973.34 $3,316.74 $2,515.00 NOTE: * Total collected includes taxes, interest and Court costs. ** Court costs includes attorney fees allowed by Court. New Suits: Averasboro Township Warren, Richard e. 90 CvD 0055 10.00 Black River Township Mills, Charles S. 90 CvD 0054 10.00 ~e Township Evans, Christal 90 CvD 0049 10.00 Rowland, Rosa B. 90 CvD 0047 10.00 Vann, Charles W. 90 CvD 0057 10.00 Hector'g Creek Township Surles, J. M. 90 CvD 0050 10.00 Stewart'g Creek Township Elliott, George D. 90 CvD 0087 10.00 Subtotal $70.00 Additional Attorney's Fee Duke Townghip Morrison, Betty J. 89 CvD 1086 190.00 reported on September, 1989 statement - attorney's fee inadvertently omitted from statement TOTAL ATTORNEY'S FEE 1l...77~, n n, Advanced Costs: ~ Exolanation Charge I Johnston County Sheriff - service Leonard Whittington - 78 CvD 0458 6.00 1-12-90 Lillington Postmaster - postage Rosa B. Rowland - 90 CvD 0047 3.50 1-12-90 Lillington Postmaster - postage J. M. Surles - 90 CvD 0050 1.40 1-12-90 Lillington Postmaster - postage Charles S. Mills - 90 CvD 0054 1.60 1-12-90 Lillington Postmaster - postage Charles W. Vann - 90 CvD 0057 1.40 1-12-90 Lillington Postmaster - postage Richard E. Warren - 90 CvD 0055 1.40 154 1-19-90 Lillington Postmaster - restricted mail 6.00 Charlie Brewington - 89 CvD 0551 1-19-90 Lillington Postmaster - restricted mail 4.20 Eva Sills - 89 CvD 1327 I 1-22-90 Lillington Postmaster - certified mail 4.40 George Elliott - 90 CvD 0087 1-22-90 Lillington Postmaster - postage 2.1Q. George D. Elliott - 90 CvD 0087 Total Advanced Costs $32.00 BALANCE DUE S2 . aO?.!l oq ~<'/~<~~~ E."Marsha!l Woodall Post Office Box 39 Lillington, NC 27546 Telephone: (919) 893-5191 DOCUMENT NO. 13. .law ()f/'la4 of WOODALL. F'ELMET & PHELPS, P. A. 6a, NaRTH "'IIltIT 8TREET. !".a. sax 3' LILUNlITaN. NORTH CAROUNA 37846'0a3' I E. MARSHALL WOODALL February 1, 1990 L. HOLT I"ELMET .JDHN .... PHELPII. II Mr. Rodney M. Tart Harnett County Public Utilities POBox 1119 Lillinqton, North Carolina 27546 Dear Rodney: Commissioner Bill Shaw called me yesterday and made a suggestion regarding a possible design feature for the new regional wastewater treatment facility. His concern is whether the capability could be designed into the plant for disposal of effluent from septic tanks. The plant then could be utilized to dispose of waste pumped from individual septic tanks and problems the County is experiencing regarding dumping of such would be eliminated. This may also be useful for disposal of the waste from the Bunnlevel/Riverside tanks. Your attention to this suggestion would be appreciated. Very truly yours, Jo~~elPS' II Har t County Public Utilities Attorney aw cc: Bill Shaw Dallas Pope I