07021990
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393
HARNETT COUNTY BOARD OF CO~lISSIONERS' REGULAR MEETING, JULY 2, 1990
The Harnett COunty Board of Commissioners met in regular session on Monday,
July 2, 1990, in the county Office Building, Lillington, North Carolina, with
the following members present: Rudy Collins, Mayo Smith, and Vice Chairman
Bill Shaw presiding. Chairman Lloyd G. Stewart and Commissioner Mack Reid
I Hudson were absent. 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 Secretary.
Vice Chairman Shaw called the meeting to order at 9 a.m.
Commissioner Smith offered the invocation.
MINUTES APPROVED Comm~ssioner Smith moved for the approval of the minutes of the regular
meet1nq, June 18, 1990, the special meeting, June 26, 1990, and the special
meeting 'June 27, 1990. Commissioner Collins seconded the motion and it passed
with a unanimous vote.
DOT Ray Stone, Highway Maintenance Engineer, North Carolina Department of
Transportation, appeared before the Board to discuss road matters and
situations in Harnett County.
RESOLUTION RE: Dallas H. Pope, County Manager, presented for consideration a Resolution
CONTRACT WITH U. S. Authorizing Execution of an Annual Contributions Contract with U.S. Department
DEPT. OF HUD of Housing and Urban Development. Commissioner Collins 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 July 2, 1990, as document no. 1.
AGREEMENT WITH COmmissioner Collins moved for the approval of an Agreement with David M.
DAVID M. GRIFFITH Griffith & Associates to Provide Professional Consulting Services involving
RE: DSS STUDY the Social Services Department. Commissioner Smith seconded the motion and it
passed with a unanimous vote. Mr. Timothy McKinnie, Vice President, David M.
Griffith & Associates, explained to the Board that th1s study of the Social
Services Department would be in conjunction with state guidelines and will
I consist of a full operations review including studies of personnel, equipment,
work space, and training. A report of findings and recommendations will be
presented to the Board.
DESIGNATION OF Commissioner Collins made a motion that Commissioner Mayo Smith be designated
VOTING DELEGATE FOR as voting delegate to the Annual North Carolina Association of County
NCACC CONFERENCE Commissioners Conference, August 9-12, 1990. Commissioner Smith seconded the
motion and it passed with a unanimous vote. Commissioner Smith made a motion
that Commissioner Rudy Collins be designated as alternate voting delegate to
the conference. Commissioner Collins seconded the motion and it passed with a
unanimous vote.
SERVICE AGREEMENT Jack Bryan, Director of Social Services, presented for consideration a renewal
RE: FOOD STAMP to a service agreement with Cost Containment, Inc. for mail issuance of food
ISSUANCE stamps. The Board tabled the matter until the next regular Board meeting on
July 23, 1990.
LETTER OF CREDIT Carla Stephens, Planning Director, presented for consideration a letter of
RE: MIRE BRANCH credit involving paving in Mire Branch Estates subdivision. Commissioner
ESTATES SUBDIVISION Collins moved for the approval of the letter of credit from Central Carolina
Bank & Trust Company in the amount of $20,000.00 effective June 27, 1990
through August 27, 1990. Commissioner Smith seconded the motion and it passed
with a unanimous vote.
RESOLUTION RE: Carla Stephens, Planning Director, presented for consideration a resolution
SCENIC BYWAYS DESIGNA- concerning Scenic Byways designation for N.C. Highway 82. Commissioner Smith
TrON FOR N.C. HWY. 82 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 July 2, 1990, as document no. 2.
POPULATION SECTION - Carla Stephens, Planning Director, introduced John Adcock, Appalachian State
I COUNTY COMPREHENSIVE University student, and intern with the Planning Department. Mr. Adcock
PLAN presented the population section of the proposed County Comprehensive Plan, a
study he completed on population trends in Harnett County, and explained how
the data could be used to indicate various needs and a better understanding of
the extent of growth in Harnett County.
INTRA-DEPARTMENTAL Vanessa W. Young, Finance Officer. reported on Intra-Oepartmental Budget
BUDGET AMENDMENTS Amendments for the quarter 9nding March 30, 1990.
RECLASSIFICATION OF Rodney M. Tart, Public Utilities Director, requested the reclassification of
FIELD LIAISON POSITION the field liaison position in the Public Utilities Department currently
IN PUBLIC UTILITIES occupied by James Mobley. Commissioner Smith moved for the reclassification
DEPT. of the position from 61B to 63A. Commissioner Collins seconded the motion and
it passed with a unanimous vote.
394
RESOLUTION AMENDING Dan Gardner, Emergency Medical Services Director, presented for consideration
EMS OPERATING POLICIES a resolution amending the Emergency Medical Services Operating Policies for
Harnett County. Comrnissioner Collins 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 July 2, 1990, as document no. 3.
RESOLUTION RE: Tom Meece, Industrial Development Director, presented for consideration a
APPLICATION FOR CDBG resolution regarding selection of firm to provide application and
PROJECT administration services for a C...";,,,lnity Development Block Grant Project. I
Commissioner Collins 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 July 2, 1990, as document
No.4.
RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented for consideration a
NORTHEAST METROPOLITAN Resolution Authorizing Execution of Second Amendment to Lease with Northeast
WATER DISTRICT Metropolitan Water District. 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 July 2, 1990, as document no. 5.
RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented for consideration a
SOUTH CENTRAL WATER Resolution Amending Section 28 of Rules and Regulations Applicable to South
AND SEWER DISTRICT, Central Water and Sewer District of Harnett County, West central Water and
WEST CENTRAL, AND Sewer District of Harnett County, and Northwest Water and Sewer District of
NORTHWEST W & S DIST. Harnett County. Commissioner Collins 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 July 2, 1990, as document no. 6.
REPORT ON ILLEGAL Carla Stephens, Planning Director, reported to the Board on illegal
SUBDIVISIONS subdivisions in Harnett County. W. Glenn Johnson, County Attorney, advised
the Board that possible solutions need to be sought. Vice Chairman Shaw
instructed the County Manager to set up a work session for the Board of
Commissioners, Planning Board, County Manager, and County Attorney to discuss
possible solutions to the problem of illegal subdivisions in Harnett County.
REPORTS The Veterans Service Report for the month of June was filed with the Board.
The Tax Attorney's Report for the month of June was filed with the Board and I
is copied in full at the end of these minutes dated July 2, 1990, as document
no. 7.
TAX DEPT. REPORT AND Bobby Wicker, Tax Administrator, presented the Tax Department Report for the
REQUESTS FOR TAX REFUNDS month of June and requested the following tax refunds:
1- William C. & Cynthia Johnson, , Harnett County Tax Office $155.41
2. Carl A. & Virginia Hampton, P. O. Box 276, Dunn, NC 88.98
Commissioner Collins moved that the requested tax refunds be approved.
Commissioner Smith seconded the motion and it passed with a unanimous vote.
REPORT ON EQUALIZATION Tony Wilder, Project Supervisor, Tax Department, reported on the following
AND REVIEW BOARD MTGS. Equalization and Review Board Meetings and requested approval of designated
appraisal changes.
1- Meeting of April 10, 1990 - Commissioner Smith moved for the approval
of designated appraisal changes. Commissioner Collins seconded the
motion and it passed with a unanimous vote.
2. Meeting of April 12, 1990 - Commissioner Collins moved for the
approval of designated appraisal changes. Commissioner Smith
seconded the motion and it passed with a unanimous vote.
3. Meeting of April 17, 1990 - Commissioner Smith moved for the approval
of designated appraisal changes. Commissioner Collins seconded the
motion and it passed with a unanimous vote.
Complete minutes of all Board of Equalization and Review meetings for 1990
will be copied in full in the Board of Commissioners Minute Book at a later I
date.
EXECUTIVE SESSION Commissioner Smith made a motion that the Board of Commissioners go into
executive session. Commissioner Collins seconded the motion and it passed
with a unanimous vote.
Commissioner Smith made a motion that the Board of Commissioners come out of
executive session. Commissioner Collins seconded the motion and it passed
with a unanimous vote.
AGREEMENTS RE: John M. Phelps, Public Utilities Attorney, presented for consideration
CAPE FEAR REGIONAL agreements concerning the Cape Fear Regional Wastewater System.
WASTEWATER SYSTEM
395
AGREEMENT WITH TOWN Commissioner Collins moved to approve and authorize execution of that
OF ANGIER Agreement between the County of Harnett and the Town of Angier regarding the
Cape Fear Regional Wastewater System, the same to be appropriately recorded
after execution by the Town of Angier and attached to the minutes of this
meeting of the Board. COmmissioner Smith seconded the motion and it passed
with a unanimous vote. The Agreement is copied in full at the end of these
minutes dated July 2, 1990, as document no. 8.
AGREEMENT WITH BUIES Commissioner Smith moved to approve and authorize execution of that Agreement
I CREEK-COATS WATER AND between the County of Harnett and the Buies Creek-Coats Water and Sewer
SEWER DISTRICT District of Harnett County regarding the Cape Fear Regional Wastewater System,
the same to be appropriately recorded after execution and attached to the
minutes of this mee~ing of the Board. Commissioner Collins seconded the
motion and it passed with a unanimous vote. The Agreement is copied 1n full
at the end of these minutes dated July 2, 1990, as document no. 9.
Commissioner Collins made a motion of the Board, sitting as the governing body
of the Buies Creek-Coats Water and Sewer District of Harnett County, to
approve and authorize execution of that Agreement between the County of
Harnett and the Buies Creek-Coats Water and Sewer District of Harnett County,
the same to be appropriately recorded after execution and attached to the
minutes of this meeting of the Board. Commissioner Smith seconded the motion
and it passed with a unanimous vote. The Agreement is copied in full at the
end of these minutes dated July 2, 1990, as document no. 9.
RESOLUTION RE: John M. Phelps, Public utilities Attorney, presented for consideration a
ENGINEERS FOR CAPE Resolution Selecting Engineers for the Cape Fear Regional Wastewater System.
FEAR REGIONAL WASTE- Commissioner Collins moved for the adoption of the resolution. Commissioner
WATER SYSTEM Smith seconded the motion and it passed with a unanimous vote. The resolution
is copied in full at the end of these minutes dated July 2, 1990, as document
no. 10.
RESOLUTION RE: John M. Phelps, Public utilities Attorney, presented for consideration a
SCADA Resolution Regarding Tax-Exempt Obligation (Supervisory Control and Data
Acquisition System). 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 July 2, 1990, as document no. 11.
I BUDGET AMENDMENTS Dallas H. Pope, County Manager, requested the following budget amendment for
the Division of Soil and Water:
Code 10-6700-011 Telephone & Postage $ 275. increase
10-6700-014 Travel & Meetings 715. increase
10-6700-033 Materials & Supplies 275. increase
10-6700-053 Dues & Subscriptions 600. increase
10-6700-057 Miscellaneous Expense 125. increase
10-6700-029 Erosion Control 2,800. increase
Revenue: 10-3350-000 Miscellaneous Revenue 2,790. increase
10-3480."077 Soil Conservation 2,000. increase
Comm~ssioner Collins I10ved for the approval of the budget amendment.
Commissioner Smith seconded the motion and it passed with a unanimous vote.
ADJOURNMENT There being no furtheI' business, the Harnett County Board of Commissioners
regular meeting, July 2, 1990, duly adjourned at 1:15 p.m.
~ A ~~.\mJf
, )L10 G. Stewart, Chairman
Ka;r.i. Jj'fL~ ('.,ft 1//11
Ka S. Blanchard, Recording Secretary
I -L 'i J . ~&AA~r,
Vanessa W. Young, C1 rk to ~he Board
"
.5 ~ ~
~ 0 \)52-.~ ~X<-j
Bill Shaw, Vice-Chairman
396
DOCUMENT NO. 1
HARNETT COUNTY I
NORTH CAROLINA
RESOLUTION AUTHORIZING EXECUTION
OF AN ANNUAL CONTRIBUTIONS CONTRACT
WHEREAS, THE COUNTY OF HARNETT (herein called the "PHA") proposes
to enter into an Annual Contributions Contract (herein called the
"Contract") with the United States of America, Department of Housing and
Urban Development (herein called the "Government").
NOW, THEREFORE, BE IT RESOLVED by the PHA as follows:
Section 1. The Contract, numbered Contract No. A-3351-E, is hereby
approved and accepted both as to form and substance and the Chairman,
Harnett County Board of Commissioners, is hereby authorized and directed to
execute said Contract in triplicate on behalf of the PHA, and the Clerk to
the Board is hereby authorized and directed to impress and attest the
official seal of the PHA on each such counterpart and to forward said
executed counterparts to the Government together with such other documents
evidencing the approval and authorizing the execution thereof as may be
required by the Government.
Section 2. The County Manager is hereby authorized to file with the
Government from time to time, as monies are required, requisitions together I
with the necessary supporting document, for payment under the Contract.
Section 3. This Resolution shall take effect immediately.
Duly adopted this 2nd day of July, 1990.
HARNETT COUNTY BOARD OF COMMISSIONERS
1J:r- st:JartJ!!i:!
ATTEST:
vC~'1J.~
Vanessa W. Young, Clerk ~ the oard
I
-
397
ACC Part I Nuabera A-3351 - E
u.s. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SECTION 8 EXISTING
CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT
PART I
I for
HQUSING CERTIFICATE PROGRA"
1.1. Df.FINITIONS.
A. ACC.
As used In Part I of this CACC, -ACC. aeans the Annual
Contributions Contract for each project.
As used In Part II of this CACC, wACC. aean. the CACC.
B. Bud.et Authorltv. The .ali.u. allrecate ..ount which .ay be
paid by HUD for each project In the Prolra. over tbe duration of
the CACC. Budlet Authority I. re.erved by HUD fro. aaount.
authorized and appropriated by the Caner.... (Ezhiblt II list.
budcet authority for project. funded with aaount. appropriated in
Federal Fiscal Year 1988 and later year..)
C. CACC. Consolidated Annual Contribution. Contract.
D. Contract Authority. The a.ount of contract authority for each
project I. listed In Exhibit I or Exhibit II of thl. CACC Part I
(subject to reduction In accordance with section 1.4.D and section
2.3 of thl. CACe).
I E. Cost Aaend.ent. An aaendaent to the CACC which provide.
additional contract or budeet authority to cover increased Prolra.
Expenditure. to ..Intain the Proera. at the nueber of unit.
orlllnallY approved by HUD.
F. Fiscal Year. The PHA Fiscal Tear.
G. HUD. U.S. Depart.ent of Hou.lnl and Urban Develop.ent.
H. "axlaua Annual Contribution Coa.it.ent. See .ectlon 1.4.C.l.b.
of this CACC.
I. PHA. Public Hou.ln, A,ency.
J. Pro,r... The PHA'. Hou.lne Certificate Proeraa under the CACC.
K. Pro,ra. Reee~Dt,.. A.ount. paid by HUD to the PHA for the
Housinl Certificate Prolra., and any other aaount. received by
the PHA In conn.ctlon with the Prolra..
L. Pro.ra. EXDendlture.. A.ount. which .ay be charced a,alnst
Procra. Receipts In accordance with the CACC and HUn
requlr..ents.
". Profect. A fundlne Incr..ent for the Prolra.. (The project .ay
be for additional unit. or for a co.t a.end.ent.)
1.2. HOUSING CERTIFICATE PROGRAM.
A. Profect. In Pro~
I
1. LI.t of Proiect.. The Project. In the Prolra. are ll.ted In
Exhibit I and Exhibit II of thl. CACC Part I.
2. Exhibit I. Exhibit I ll.t. project. funded with a.ount.
appropriated betore Federal Fiscal Tear 1988.
3. Exhlb.lt II. Ezhlblt II list. project. funded with a.ounts
appropriated In Federal FI.cal Tear 1988 and later ye.r.~
__ ___n___
398 B. Nua~er of Units Cby nuaber of bedrooas)., To the .axl.ua
extent feasible, the PHA shall enter Into contracts for houslnl
assistance pay.ents for units under the Proeraa In accordance
wIth the unit distribution stated In this section. No substantial
deviation, as deteralned by HUD, froa this unit distribution Is
allowed wIthout prior HUD approval.
Huaber of bedrooas Nu.ber of Unit.
0 -a-
t 47
2 67 I
3 42 .
4 19
Total 175
C. PHA Fiscal Tear.
1. The first fiscal year for the Prolra. shall belln
on December 13. 1977 . (Enter the
effective date for the first project listed In Ezhlblt I of
Part I of the CACC. If this date is not entered belore the
CACC Is sllned by the PHA, the date aay be entered
subsequently by HUD, upon written notice by HUD to the
PHA.) The first Fiscal Tear for the Prolraa shall end on
the last day 01 the PHA Fiscal Tear which ends not le.s
than 12 aonths, or .ore than 23 .onths, alter thl. date.
2. Thereafter, the fiscal year for the Prolra. shall be the 12
aonth period endlnl June 30 01 each
calendar year. CEnter the day and .onth used as the Fiscal
Tear endlnl date for other Section 8 assistance
adalnlstered by the PHA under an Annual Contributions
Contract with HUD.)
1.3. TERft.
A. Exhibit I Proiects. For all Projects listed In Exhibit I, the tera of
the CACC shall end on n~rf"mber 12. 199, .
(Insert last date of CACC ter. for all Exhibit I projects. If this I
date Is not entered before the CACC Is sllned by the PHA, the
date .ay be entered subsequently by HUD, upon written notice by
HUD to the PHA.)
B. Exhibit II Proiects. For each proJect listed In Exhibit III
1. Exhibit II states the first date and last date ot the ACC
tera for the proJect.
2. The first date 01 the ACC ter. lor the proJect shall be the
first day of the .onth when HUD slens the CACC which
adds the proJect to the Prolra., or another date as
deteralned by HUD.
3. If the first or last date of the ACC ter. for the proJect Is
not entered before the CACC Is sllned by the PHA, the
date .ay be entered subsequently by HUD, upon written
notice by HUD to the PRA.
4. HUD aay revise Exhibit II at any tlae, upon written notice
by HUD to the PHA (a) to add a cost a.end.ent project,
or (b) to'reaove a project for which the ACC ter. has
expired.
1.4 ANNUAL CONTRIBUTION.
A. Pavaent. HUD shall pay the PHA annual contributions for the
Pro,raa In accordance with HUD relulatlons and requlre.ents.
B. Aaount and Purpose of HUD Pay.ents. I
1. The annual contribution for the Prolraa shall be the
aaount approved by HUD for each Fiscal Tear to cover:
a. The aaount of housinl assistance pay.ents by the
PHA.
b. The aaount of PHA fees for Proeraa adalnlstratlon.
2. The a.ount of the HUD annual contribution aay be
reduced, as deteralned by HUD, by the aao~nt of Prolra.
Receipts (such as Interest Income) other ~han the HUD
annual contribution.
~.~,- -..--- ~,
399
c. "axl.u. Pay.ent. for Prolra..
t. Annual Li.it on Pay.ents for Pro,r...
a. Except for pay.ants fro. the CACC reserve
. account a. provided In section 1.4.E of this CACC,
I the HUD annual contribution tor the prolra.
under .ectlon 1.4.8 durlne the Fiscal Tear shall
not be .ore than the "azl.u. Annual Contribution
Co..lt.ent tor the Pro.r.a.
b. The ftaxlava Annual Contribution eoaaltaent
for the Pro,raa tor each PHA Fiscal Tear shall be
equal to the sua of the contract authority a.ount.
reserved by HUD for the projects In the Prolr...
The a.ount of contract authority re.erved for each
project in the Proer.. is stated In Exhibits I and
II of thl. CACC Part I (subJect to reduction In
accordance with section 1.4.D and section 2.3 of
this CACC). If the first FI.cal Tear for the
Pro.ra. Is .ore than 12 .onth., the Kaxl.ue Annual
Contribution Co..lt.ent tor tbe Prolr.. for the
first FI.cal Tear .ay be adjusted In an ..ount as
deter.lned by HUD by the addition of the pro rata
aaount applicable to the period In ezces. of 12
.onth..
2. Li.it on Total Pav.ent. for Pro,r... The sua of HUD
pay.ent. under .ection 1.4.8 for the Pro.r.. over the
duration of the CACC (Includlnl any pay.ents fro. the
CACC reserve account as provided In ..ction 1.4.E) .hall
not ba .ore than the su. of the budlet authority a.ount.
reserved by HUD for the project. In the Prolr.. fro.
..aunts authorized and appropriated by the Con.r....
D. ~uction oL-A.ount Payable. HUn .ay reduce the ..aunt
I payable by HUD for any project or for the Proeraa, and aay
reduce the ..ount of the contract authority or budlet authority
for any project, by ,Ivln. the PHA written notice of reduction In
accordanoe with sactlon 2~3 of this CACC. Th. notice by HUD
.ay include a revl.lon of Ezhlblts I or II to .tate the reduction In
lhe aaount of contract authority or bud.et authority for a project.
E. CACC Reserva Account. A CACC reserve account shall be
e.tabllshed and .aintalned by HUD, In an aaount a. deter.lned by
HUD conslst.nt with Its r.sponslbllltles under ..ctlon 8(0)(8) of the
U.S. Housfne Act of 1931. The CAeC reserve account aay b. u.ed
b1 HUD for pay.ent of any portion of the pay..nt approved by
HUD under section 1.4.8 for the Fiscal Tear.
F. Se..arat. ACC. HUD-s co..it..nt to .aka pay..nts for each
project listed In Exhibit II shall con.tltute a separate ACC.
1.5 CAeCa
A. The CACC consists of this CACC Part I Clncludlnl Exhibits I and
II) and the for. ACC Part II prescribed by HUD for the Houslnl
Certificate Prolr.. and Houslnl Voucher Pro,r.., desi,nated a.
for. HUD 52520-E, and dated January 1990. These docuaents
constitute the whole CACC for the Proera..
8. Thi. CACC supersedes any previous Annual Contributions Contract
lor the project. or Prolr... "atter. relatlnl to operation of the
project. or Prolra. under a prevlou. Annual Contribution. Contract
shall be ,overned by this CACC.
I
400
Signatures:
PUBLIC HOUSING AGENCT
COUNTY OF HARNr..ll
Naae of PHA I
By
Sicnature Date slcned
Print or type na.e and official title of slenatory
UN ITED STATES OF AltER I CA
SECRET ART OF HOUS I NG AND URBAN DEVELOP"ENT,
By
Sl.nature Date slened
Print or type na.e and official title of slenatory
ACC Part I Nuaberl A-3351 - E I
EXHIBIT I
Proiects Appropriated Before Federal Fiscal Tear 1988
PROJECT ACC LIST CONTRACT PROJECT ACC
HUMBER NUMBER AUTHORITY EFFECTIVE DATE
NC19-E158-oo1 A-77-582 $151,704.00 12/13/77
NC19-E158-oo4 A-79-373 103,920.00 09/07/79
NC19-E158-ooS A-82-1007 122,160.00 12/10/82
NC19-E158-oo6 A-84-0638 61 , 188 . 00 11/27/84
~ I
UNITED STATES OF A"ERICA
SECRETARY OF HOUSING AHD URBAN DEVELOP"ENT,
.
Date sicned
~--
~ 401
ACC Part I Nuaber: A-3351 - !
EXHIBIT II
Pro1ects AODfoDrlaled In Federal Fiscal Tear 1988 and Later Tears.
Abbreviation: CA = Contract authority. BA. Bud,et authority.
BA FIRST DATE LAST DATE UNIT
PROJECT CA OF TER" OF TEIUt DISTRI-
I NUIIBER BUT ION
N/A
UNITED STATES OF A"ERICA, '
SECRETART OF HOUSING AND nRBAN DEVELOPKEHT.
Date sllned
III DOCUMENT NO. 2
HAF:NETT COUlITY
NORTH CAROLINA
RESOLUTION
THAT WHEP~AS. North Carolina State Highway 82 has several
hi3tori~ Sit9S which would be considered tourist attractions and:
t~E?EAS, ~he Harne~t Coun~y Planning Board recommended that the
Harnett County Boare of Commissioners recorrmend tc' the State c:)f
North Carolina that North Carolina State Highway 82 be
in~orporated in the North Carolina Scenic Byways program.
~OW THEREFORE. BE IT ORDAINED BY THE HAP~ETT COUNTY BOARD OF
COMrUSSIONERS. That N.:.rth Carolina S'tate High~.,ay 82 be
recommended to the State 0f North Carolina to be incorporated in
the North Carolina Scenic Bytotays Program.
This 2nd day of July, Nineteen Hundred and Ninety
III HAP~T COUNTY BOARD OF C01~ISSIONERS
~y!!. ~airman
L 'oJ YJ\b"~r/
Vanessa W. YOUng~ClerYJto the Board
402 DOCUMENT NO. 3
HARNt;Tl" CDUNIY
NOR'lH CAROLINA
RESOl1JI'ION AMENDING 1HE ~E.n <DUN'IY
EMERGENCY MEDICAL SERVICES ut'U<ATING POLICIES
FOR ~t,l J. <DUN'IY, hu1\J.d CAROLINA,
ADut'lW JANUARY 3, 1989
1HAT WHEREAS, the Harnett County Board of Conmissioners adopted the I
Harnett County Emergency Medical Services Operating Policies on January 3,
1989; and
WHEREAS, this Board is of the opinion that the amendment set forth below
is necessary to the clear and efficient working of the Operating Policies.
~ 1HEB.1!.ruKE, BE IT RESOLVED that Section 7.01 of the Operating Policies
is hereby amended to include the additional provision below.
Amendment
2.1 To comply with N.C. State Regulations all First Responders are required
to be st"...~.sored by an established Rescue Squad or EMS agency.
2.2 The service area of Firs t Responders shall be designated as the area served
by both the First Rest"vuder and their sponsor agency which will be designated
on a map of the service area.
2.3 Firs t Responder Squads must request approval, in writing, through the
Director of Harnett County EMS.
2.4 Initial training following, OEMS guidelines, of First Responders is to be
subnitted to the Harnett County EMS training officer sixty (60) days prior to
the expected beginning date of the course for al-'l-'...oval. The initial training
is to be taught by the Harnett County EMS training officer or by an al-'t"...oval
designee. Initial certification will be for the period of two (2) years from
the date of successful completion for the al-'~...oved First Responder course.
2.5 Continuing education should be held on a monthly basis. A mini.rm.Dn of twenty- I
four (24) hours t"c... year is required. A continuing education schedule is to
be subnitted to the Harnett County EMS training officer for approval on a semi-
annual basis. The continuing education may be taught by an instructor aliiJ....oved
through Harnett County EMS.
2.6 Recertification will be biannually. This recertification will be through the
sponsor agency. To recertify the First Responder must have the minimum number
of continuing education hours and pass a practical exam administered by their
sponsor agency. If a First Responder fails to meet the recertification criteria
then a letter will be sent to the chief of the First Responder, Harnett County
EMS, and the County Manager advising them that the First Responder has not been
recertified and may not function at the First Responder level.
2.7 First Responders will function under the direction of response and treatment
protocols. These protocols may be amended to meet the individual needs of the
sponsoring squad with the approval of the protocol coomittee.
2.8 First Responder Squads that fail to follow the operating policy on protocols
established by Harnett County EMS or their sponsor agency may be terminated by
their sponsor agency. This termination will be in writing to the Chief of the
First Responders, the Director of Harnett County EMS and the County Manager
from the sponsor agency.
Duly adopted by the Harnett County Board of Commissioners this 2nd day of
July, 1990.
HARNETT COUNTY BOARD OF COMMISSIONERS
~,),. ~ I
~J.-.Q n_
Bill Shaw, Vice-Chairman
ATTEST:
L '
, '--0'
'o,~ '{i; ';"M~
Vanessa W. Y[ ng, C rk
DOCUMENT NO. 4 403
Resolution Regarding Selection
of Firm to Provide Application and Adainistration Services
Coaaunity Developaent Block Grant Project
(Iconoaic Developaent)
THAT WHERIAS, the Board of Commissioners of Harnett
County (hereinafter sometimes referred to as the "Board") has
I previously indicated its desire to assist in Economic
Development efforts within Harnett County~ and
WHEREAS, in association therewith, the Board did, by
letter dated June 11, 1990, provide instructions with regard
to application guidelines and administration of a proposed
Community Development Block Grant - Economic Development
application; and
WHEREAS, the appropriate representatives of the County
announced that the County of Harnett would receive proposals
from qualified consultant firms regarding the aforementioned
requested services; and
WHEREAS, the County thereafter received proposals from
two consultant firms, to wit;
Hobbs, Upchurch & Associates, Inc.
Southern Pines, North Carolina
Skip Green & Associates
I Raleigh, North Carolina
and
WHEREAS, the following persons were selected to evaluate the
proposals submitted for the purpose of recommending a
consultant firm to the Boardl Dallas Pope, County Manager;
Tom Meece, Director, Harnett County Development Commission;
and
WHERIAS, it is the opinion of said individuals that the
best qualified and most appropriate firm to provide the
services desired by the County of Harnett, based on
demonstrated competence and qualification for the tasks to be
performed, is Skip Green & Associates; and
WHIRIAS, it is the unanimous recommendation of the above
named persons that the Board select Skip Green & Associates
to prepare a Community Development Block Grant - Economic
I Development application and administer the grant if approved;
and
WHIRBAS, the Board, upon said recommendation, finds that
based on demonstrated co.petence and qualifications for the
tasks to be performed, Skip Green & Associates is the best
qualified and most appropriate firm to provide the services
desired; and
404
WHEREAS, the Board desires to select Skip Green &
Associates to make application and administer the
aforementioned grant, and further desires to authorize the
negotiation of a contract for the same.
HOW, THEREFORE, BE IT RESOLVED by the Board of I
Commissioners of the County of Harnett that:
1. Skip Green & Associates of Raleigh, North Carolina is
selected as the consultant to prepare an application
and administer a Community Development Block Grant -
Economic Development for Harnett County.
2. The County Manager is authorized to sign a contract
with the firm so that application procedures may
begin.
Duly adopted this 2nd day of July, 1990, upon motion
made by Commissioner Collins , seconded by
Commissioner Smith , and adopted by the following
vote:
AYES 3 NOES 0 ABSENT 2 ABSTAINED 0
BOARD OF COMMISSIONERS OF I
THE COUNTY OF HARNETT
B~ c---, ~ ' _,
Ie. C..- ~ . ~( .1
Bill Shaw
Vice~hairman of the Board
ATTEST:
. L '-r.C:. '--{~~/
Vanessa W. Young, a
Clerk to the Board
I
-
~ 405
DOCUMENT NO. 5
ReaolutiOll Authorisiag
Baec:utioa. of
SeaOD.cI a.eact.eat: 1:0 La.-
THAT WHEREAS, the Board of Commissioners of the County of
Harnett desires to execute that Second Amendment to Lease, a copy
of which is attached hereto as Exhibit A and incorporated herein
by reference, for the purposes therein expressed.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners
I of the County of Harnett that:
1. The County of Harnett is hereby authorized to and shall
enter into that Second Amendment to Lease, a copy of
which is attached hereto as Exhibit A.
2. The Chairman of and Clerk to the Board of Commissioners
are hereby authorized and directed to execute the
oriqinal of said Second Amendment to Lease for and on
behalf of the County of Harnett.
Duly adopted, this 2nd day of July, 1990, upon motion made
by CODDllissioner Smith , seconded by Commissioner
Collins and adopted by the followinq vote:
AYES 3 NOES 0 ABSTAINED 0 AB.:w:.L~ .L" 2
BOARD OF COMMISSIONERS OF
THE C...'........... OF HARNETT
- - "\""'" C' ""'-
By: -, ~-~'- -~~~:-
Bill Shaw
Vice- Chai.rman
ATTEST:
,,-.
~ I
- I , '-" I
I l:<:L l '-"...l..Lt'-- ~. \...' l~v,," I
Vanessa W. Younq, Jler~ to
the Board
Exhibit A
t
NORTH CAROLINA
SECOND AMENDMENT TO
HARNETT CO'lJU.t.l LEASE
THIS SECOND AMENDMENT TO LEASE, made this day of June,
1990, by and between NORTHEAST METROPOLITAN WATER DISTRICT OF
HARNETT COUNTY, a metropolitan water district with its principal
office in Lillinqton, North Carolina (hereinafter sometimes
referred to as MLessorM), and the COUNTY OF HARNETT, a qovernmental
subdivision of the State of North Carolina, with itB principal
office in Lillinqton, North Carolina (hereinafter sometimes
referred to as MLessee").
WIT N E SSE T H :
THAT WHEREAS, the above named Lessor and LeBsee on the 30th
day of May, 1980 entered into a lease aqreement whereby the water
production and distribution facilities of Lessor were leased to
Leuee; and
WHEREAS, said Lease is d\4ly recorded in the office of the
I Reqister of Deeds of Harnett County, North Carolina at Book 105,
paqe 842; and
WHEREAS, said LesBor"and Lessee by instrument dated July 6,
,
1988 entitled "Amendment to Lease" modified certain portionB of
laid LeaBe of May 30, 198( for ressonB therein set forth; and
WHEREAS, said Amend."ent to Lease is duly recorded in the
office of the Reqister of Deeds of Harnett County, North Carolina'
at Book 864, paqe 836; and
--
406 WHEREAS, under the terms of the aforementioned documents,
Lessee has the exclusive optio~ to purchase the demised premises
under circumstances therein described, inteqral parts of which
relate to the existence of certain outstanding bonded indebtedness
of the Lessor; and
WHEREAS, Lessor intends to issue additional outstanding bonded
indebtedness for the purpose of improving its water production
facilities; and
WHEREAS, Lessor and Lessee aqree that the option to purchase I
provisions referred to in said documents above described should
include additional outstanding bonded indebtedness issued by the
Lessor and said Lessor and Lessee desire to clarify the inclusion
of the same by executing this Second Amendment to Lease.
NOW, THEREFORE, for valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Lessor and Lessee
hereby aqree that the following amendment shall be and hereby is
made to the Lease entered into by the parties on May 30, 1980 and
the Amendment to Lease entered into by the parties dated July 6,
1988:
A new paragraph numbered leA entitled "Clarification of Option
to Purchase Provisions. is added as follows:
lB. Clarification of COtion to PurchasA provisions
References to the outstanding bonded indebtedness set out in
Exhibit 1 attached to the Amendment to Lease shall include such-
other additional outstanding bonded indebtedness as may be issued
by the Lessor, the issuance of which has been aqreed upon by the
Lessee. It is the intent of this paragraph to clarify that such I
additional outstanding bonded indebtedness as herein described
shall be included as part of the outstanding bonded indebtedness
described in the Lease and Amendment to Lease, and not just that
outstanding bonded indebtedness set out in the referenced Exhibit
1 to the Amendment to Lease.
IN TESTIMONY WHEREOF, Lessor and Lessee, acting under
authority of their respective governing bodies have caused this
Second Amendment to Lease to be duly executed as of the day and
year first above written.
NORTHEAST J.........,.OPOLITAN
WATER DISTRICT 01" HARNETT
COUNTY
By: fvu,w 71. ~ -
Leonore D. Tuck, Chairman
of the District Board
ATTEST:
~~!1~.~~~~ I
COUNTY OF HARNETT
By: \d~~
Bill Shaw, Vice-Chairman
Board of CQmmissioners
ATTEST:
r-
4/o..~ '1 d. '{'rvr/
Vanessa W. Young, Cl rk to
the Board ~
407
DOCUMENT NO. 6
't
"Hl.~ioa "&db,
~ioa 21 of ..1_ uul ....l.t:ioa. Applicabl. t:o
So1at:h cea~ra1 ..~.r ad ....r Di."~ of JIaI:Iae~~ Co1ul~y
w..t: c.au.l Wanr ... ....r Dl.ulct: of JIarIUIt:~ Cou~'f
uul
1Ioz1:JrNe.~ W.t:.r ad ....r Dl.~rict: of 1IarD.~~ Co_~y
WHEREAS , the County of Harn.tt has ..tabli.hed a D.partment
I of Public Utilities for the purpose of managing and operating the
wat.r supply and distribution systems own.d and/or operated by it,
and in conn.ction th.rewith, pursuant to contract, operat.s the
systems of South Central Water and Sewer District of Harnett
County, w.st Central Water and Sewer District of Harnett County and
Northwest Water and Sewer District of Harnett County; and
"i..:.dAS, S.ction 28(c) of the Rul.s and Regulation. previously
establish.d and applicable to .ach of the above nam.d county water
and s.wer districts sets forth tap-an-f.es to be charg.d for water
connections; and
WHEREAS, it i. the desire of the Board of commis.ioners of the
County of Harnett to amend as her.inafter provided .aid Section
28(c) as the sam. applies to each of the afor.m.ntioned county
wat.r and sewer district.;
NOW, THEREFORE, BB 1'1' RBSOLVBD AND ORDAINED by the Board of
Commissioners of the County of Harnett, in such capacity and in its
capacities as the governing bodi.s of the South Central Water and
Sewer District of Harn.tt County, West C.ntral Water and Sewer
District of Harn.tt County, and Northwest Wat.r and S.w.r District
I of Harn.tt County as follows:
1- Section 28 (C) .ntitled ..Tap-an-F..... of the Rules and
Regulations applicable to the South C.ntral Water and
Sewer District of Harnett County, W.st Central Water and
Sewer District of Harnett County and Northwest Water and
Sewer District of Harnett County as the same are now
written are deleted, and the following Section 28(c) is
substituted in lieu thereof:
(C) T~-On-Fees
'1'h. following tap-on-fee. shall apply to the meter
.ervice. described: .
2 inch connection $1,400
1 1/2 inch connection 800
1 inch connection 675
3/4 inch connection 500
The multi-unit or ma.ter m.t.r connection fee is
cost of mat.rials, plus tw.nty (20) percent.
Larger connection. shall be n.gotiated as may be
appropriate.
2. The above amendm.nt shall become effective upon adoption.
Duly adopted this 2nd day of July, 1990, upon motion made
by Commis.ion.r Coil ins , seconded by Commissioner
I Smith and adopted by the following vot.:
AYBS 3 NOES 0 ABSTAINBD 0 ABSEN'l' 2
BOARD OF COMMISSIONERS OF
THB COVA\'.. OF HARNETT
B~J"c.:.C' ~';\
Jill SJta'"
Vice-Chairman of the Board
A'l"1'IS'1':
> ;:.~ '1 d, l.JIlL>"'.
Van.s.a W. Young, ~
Clerk to the Boar
408
DOCUMENT NO. 7
FROM: E. Marshall Woodall
RE: NOTICE OF TAX SUITS COMMENCED; TAX SUITS DISMISSED AND RELATED SERVICES
MONTH OF JUNE 1990
~AME SUIT NO. *AMOUNT COL. * * COURT ATTORNEY I
COSTS FEES
Barbecue Township
Clark, John H. n/a 856.46 75.00 75.00
McIver, Vernetta n/a 1,768.00 75.00 75.00
Black River Township
Ennis, Daywood n/a 1,185.82 75.00 75.00
Partin, Jimmy C. 89 CvD 1488 3,834.20 251.10 190.00
Buckhorn TownsbiQ
Nash, Heirs of G. H. n/a 181.71 40.00 40.00
Duke Township
Brown, Timothy 89 CvD 1391 574.29 250.40 190.00
.
~ove Township
Allen, Rachel 89 CvD 0666 440.61 235.00 190.00
Robinson, Reva n/a 371.01 75.00 75.00
Johnsonville Township
Cameron, Charles 88 CvD 1507 711.87 397.00 340.00
Yow, Ralph 89 CvD 0554 1,241.73 240.40 190.00
Lillinqton Township
Atkins, Brinie nla 910.23 75.00 75.00
~te~t's Creek Township
Davis, J. C. 89 CvD 0650 1,179.32 241.10 190.00
Geddie, Louis 88 CvD 1188 592.58 --2.J.fi.OO ..J. 90. OJl I
Subtotal 13,847.83 2,265.00 1,895.00
NOTE: * Total collected includes taxes, interest and Court costs.
** Court costs includes attorney fees allowed by Court.
TOTAL ATTORNEY'S FEE 1,895.00
Advanced Costs:
6-1-90 Lillington Postmaster - restricted
delivery mail - Thelma Chalmers Harris
- 90 CvD 0662 3.75
6-1-90 Lillington Postmaster - restricted
delivery - Lea Frizzelle - 90 CvD 0661 7.50
6-8-90 Sheriff of Wake County - service fee -
James Jones - 90 CvD 0539 4.00
6-14-90 Harnett County Tax Collector -
reimbursement for publication costs -
Freda Monk - 87 CvD 1250 -1.7.85
Total Advanced Costs 53.10
BALANCE DUE $1,948.10
I!<JwJ'oU d.-k · .. I
. Marshall Woodall
Post Office Box 39
Lillington, NC 27546
Telephone: (919) 893-5191
.
409
DOCUHENT NO. 8
NORTH CAROLINA
AGREEMENT
I HARNETT COUNTY
THIS ~GREEMENT is made and entered into this Ii" day of July,
1990 by and between the COUNTY OF HARNETT, a body politic organized
and existing under the laws of the State of North Carolina
(hereinafter sometimes referred to as the "County") and the TOWN
OF ANGIER, a municipal corporation organized and existing under the
laws of the State of North Carolina (hereinafter sometimes referred
to as the "Town");
WIT N E SSE T H :
THAT WHEREAS, the County has caused a Comprehensive Wastewater
Study to be conducted for the purpose of examining and analyzing
the wastewater facilities needs of Harnett County; and
WHEREAS, one of the results of that Study was the
identification of a need for a regional sewer collection and
treatment system to serve several local governmental units existing
I in the central portion of Harnett County; and
WHEREAS, in order to meet the demands of the existing and
future wastewater disposal needs as identified, the construction
of a wastewater facility system, designated as the Cape Fear
Regional Wastewater System, has been recommended; and
WHEREAS, the County and the Town previously entered into an
Agreement dated December 18, 1989 relative to the participation by
each in the construction and operation of said System; and
WHEREAS, due to certain changes in circumstances regarding the
System, it is now necessary to modify portions of the referenced
Agreement to such an extent that the County and the Town desire to
restate their agreements as herein provided; and
WHEREAS, the current plans for the Cape Fear Regional
Wastewater System include the replacement of the existing waste
treatment facilities serving the Town of Angier and the Buies Creek
I - Coats Water and Sewer District of Harnett County, the
construction of a new regional wastewater treatment facility and
the construction of main interceptor pipelines to connect the above
named local governmental units to the new treatment facility; and
1
410
WHEREAS, in anticipation of the need for construction of
wastewater facilities in Harnett County, the Board of Commissioners I
of Harnett County requested Federal and State assistance in funding
the construction of the Cape Fear Regional Wastewater System; and
WHEREAS, pursuant to the North Carolina Clean Water Revolving
Loan and Grant Act of 1987 and the provisions of the Federal W~ter
Quality Act of 1987, the State of North Carolina, through its
Division ot Environmental Management, Department of Environment,
Health and Natural Resources, advised the County that monies for
a loan to fund the costs of the Cape Fear Regional Wastewater
System have been reserved for Harnett County; and
WHEREAS, the County has determined that it desires to proceed
with the implementation, construction and eventual operation of the
Cape Fear Regional Wastewater System, and in connection therewith
has requested the Town of Angier to enter into this agreement with
the County regarding the participation of the Town in said System;
and
WHEREAS, the Board of Commissioners of the Town of Angier has I
determined that the Cape Fear Regional Wastewater System will be
of great benefit to the health and well being of the citizens of
the Town of Angier, and
WHEREAS, the Town has therefore determined that it desires to
participate in the Cape Fear Regional Wastewater System; and
WHEREAS, pursuant to the provisions of Chapter 160A, Article
20, Part 1 of the North Carolina General Statutes entitled
IIInterlocal Cooperation, Joint Exercise of powers," the County and
the Town desire to enter into this Agreement with respect to the
Cape Fear Regional Wastewater System setting forth the terms and
conditions of their mutual agreements regarding the same.
NOW, THEREFORE, in consideration of the mutual
representations, warranties, covenants and agreements herein
contained, and for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the County and the I
Town agree as follows:
2
~
411
S.ct:ion I
R..cission of Prior Agr....nt:
The County and the Town hereby rescind and cancel that
Agreement entered into between them dated December 18, 1989.
I SBC~IO. II
D.finit:ions
The following definitions, designations and/or explanation of
terms shall be used for the purposes of this Agreement:
A. "Project" shall refer to the Cape Fear Regional
Wastewater System construction project.
B. "Regional Treatment Facility" shall refer to the
wastewater treatment and disposal facility to be constructed as
part of the Project, and thereafter owned, operated, managed and
maintained by the County, except as hereinafter set forth.
C. "Regional Interceptor Pipeline" shall refer to the
wastewater interceptor pipeline to be constructed and installed as
part of the Project which shall run from the existing system of the
Town to a point located along West Buies Creek near the
I intersection of said creek and u.S. Highway 421. Said "Regional
Interceptor Pipeline" shall have an average day hydraulic capacity
of one million (1,000,000) gallons per day.
D. "Regional System" shall refer to the entire wastewater
collection, treatment and disposal system constructed and installed
pursuant to the Project, and shall include all lands required for
the installation of the same, together with continuous and adequate
easements and rights of way over other lands necessary to erect,
construct, install and lay and thereafter use, operate, inspect,
repair, replace, remove, change the size of such facilities as
named, and in addition shall include the Regional Treatment
Facility, the Regional Interceptor Pipeline and the Town Effluent
Meter.
E. -Town Effluent Meter- shall refer to that meter facility
and related appurtenances constructed or otherwise provided for as
part of the Project to which wastewater from the Town shall be
I !
3
412
transmitted by the Town and which shall measure the quantity of
wastewater being delivered by the Town into the Regional
Interceptor Pipeline.
F. Any terminology referring to the existing collection
system of Town shall mean that network of sewer collection I
pipelines, mains and/or related facilities composing the Town's
sewer collection system as shall exist on the date the County
commences accepting wastewater from the Town into the Regional
System.
G. Any terminology referring to the existing treatment
facilities of Town shall mean those facilities, facil~ty sites,
lagoons, lagoon sites, basins, basin sites, land application
systems, land application system sites, and all appurtenances
related thereto comprising the Town's sewer treatment and disposal
facilities as shall exist on the date the County C....'~.i..."ences
accepting wastewater from the Town into the Regional System.
H. "Funding Agency" shall refer to the Division of
Environmental Management, Department of Environment, Health and
Natural Resources of the State of North Carolina, or any successor
agency thereto.
I. "County Department of Public Utilities" shall refer to I
the Harnett County governmental department existing as of the date
of this Agreement which administers, operates, and otherwise
manages the public water and sewer systems owned and/or operated
by the County, and shall include any other successor department or
subdivision of the County which shall perform such functions.
J. Any terminology referring to the local governmental units
or entities involved with the Project shall refer to the Town, the
County and the Buies Creek-Coats Water and Sewer District of
Harnett County. A reference to the other local governmental units
or entities involved with the Project shall mean the remainder of
the above named local governmental entities not specifically the
subject of the particular provision within which the reference is
made.
K. "Regional Board" shall refer to the Cape Fear Regional
Wastewater Board as established in Section XVI of this Agreement. I
4
413
SEe'lIO. III
'lera
This Agreement shall be a continuing contract relative to the
furnishing of essential wastewater treatment and disposal services
I for the citizens of the Town, and shall exist and continue until
the County and the Town shall mutually modify or terminate the
BUT IN NO EVENT shall the terminate until the loan
same, same
(including principal and interest) described in Section IV has been
paid in full.
SBC'lIOR IV
Punding Agency and Punds for Con.~ruc~ion
A. Fundino Source
The funds for construction of the Project are anticipated to
be supplied in the form of a loan made to the County pursuant to
the North Carolina Clean Water Revolving Loan and Grant Act of 1987
and the provisions of the Federal Water Quality Act of 1987 as
administered by the Division of Environmental Management,
Department of Environment, Health and Natural Resources of the
I State of North Carolina. The terms of this Agreement are
conditioned upon the receipt of said loan and approvals required
therefor, and in the event said loan is not obtained by the County,
or the Regional System is otherwise not constructed, then the
County shall have no obligations hereunder to the Town, and the
Town except as provided in Section VII(E) hereof, shall have no
obligations hereunder to the County.
B. Aqreement Subiect to Requirements of Funding A9~n~~
The County and Town agree to comply with all the conditions
and requirements imposed by the Funding Agency, which shall
include, but not be limited to, the Revolving Loan conditions, the
establishment of pretreatment requirements, and the adoption of
appropriate sewer use ordinances and user charge systems.
C. jown to let in Timelv Manner
When, in the course of providing the various ordinances,
information and/or other documents to the Funding Agency, the
I
5
414
County must obtain such items from the Town prior to submission to
the Funding Agency, the Town agrees to prepare, adopt and/or
otherwise provide the same to the County in a timely manner.
D. Loan Pavrnent Sources
All funds paid by the County and the Town as principal and I
interest on the aforementioned loan shall be derived only from
those sources specified by the Funding Agency.
SBC~IOR V
CODstructioD aDd OWnership of RegioDal System
A. Count~ead Aaenc~
The County shall be responsible for administering and
managing the construction and installation of the Regional System
and in connection therewith shall:
1. Cause the appropriate pre-construction studies to be
completed as are required by the Funding Agency and any other State
or Federal agencies.
2. Cause such funding and permit applications as may be
required to be completed and filed with the appropriate
Federal and State agencies.
3. Cause plans and specifications for the Regional I
System to be completed in accordance with acceptable engineering
practices and procedures, and in compliance with applicable rules,
regulations and requirements of the Funding Agency and such other
State and Federal agencies as may be applicable.
4. Obtain and acquire in its name 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 the Regional System.
5. Obtain and acquire in its name 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 or protect the Regional System I
6
415
upon, along or across streets, roads, highways and public
utilities.
6. Obtain and acquire in its name such parcels of real
property as are necessary for the construction of the Regional
Treatment Facility, pump stations, and any other building or
I structure required for the completion of the Regional System.
7. Cause the contract or contracts for construction and
installation of the Regional System to be advertised in accordance
with applicable law, and to thereafter award and enter into such
contract or contracts for said construction and installation as the
County deems in the best interest of the Regional System. The
determination as to which bidder or bidders shall be awarded
contracts shall be made by the County.
8. Cause the installation and construction of the
Regional System to be supervised by qualified and competent
engineers.
9. Provide for the administration of the construction
and installation of the Regional System and to provide for
inspection of the same.
10. Provide for the administration of the funds obtained
for the implementation, construction and installation of the
I
Regional System.
11. Otherwise, manage the implementation, construction
and installation of the Regional System.
B. OWne~ of Reqional Svste~
The Regional System shall be and remain the property of
the County, and the Town shall have only that right, title or
interest as expressly provided in this Agreement. It is understood
that except as to the rights of the Town expressly provided in this
Agreement, as owners of the Regional System, the County may
operate, maintain, manage, regulate and control the same, subject
to the terms of this Agreement, and otherwise exercise with respect
thereto any rights, authorities or privileges it may be granted by
statute.
C. ~t COQperation
During the course of the implementation, design and
I construction of the Regional System, the Town and the County agree
7
416
to collaborate and cooperate with respect to the gathering of the
documentation, data and/or other information necessary to properly
design and construct the Regional System. Additionally, when
requested by the County and/or the contractor(s) the Town agrees
to cooperate with the said County and/or the contractor(s) with
I
respect to the testing of the Regional System, and preparation for
connection of the same to the existing collection system of the
Town.
D. Conveyance 0; Easements
The Town agrees to convey to the County, without charge,
easements and rights of way over, upon and across properties owned
by the Town when such easements and rights of way are necessary to
install and construct the Regional Interceptor Pipeline, and/or
otherwise necessary to connect the Regional Interceptor Pipeline
to the Town Effluent Meter.
SBCTIOII VI
Capaci~y Alloca~ions in Regional Sys~e.
A. Manner of Exoression
The allocations of capacity in the Regional System shall
be expressed in terms of treatment capacity in the Regional
Treatment Facility. I
B. Town Allocation. The Town shall have allocated and
of the
reserved for treatment of its wastewater one-third (1/3)
permitted treatment capacity of the Regional Treatment Facility.
It is understood that the permitted capacity of the Regional
Treatment Facility is to be one million, five hundred thousand
(1,500,000) gallons per day, and that therefore, the allocation and
reservation herein made to the Town equals five hundred thousand
(500,000) gallons per day.
C. Remainina Allocations. The remaining two-thirds (2/3)
of the permitted treatment capacity of the Regional Treatment
Facility shall be allocated to the other local governmental unit
involved with the Project or retained by the County for its use.
D. ~dditional Permitted Caoacit~. Upon completion of the
Regional Treatment Facility as currently planned, (a one million,
five hundred thousand gallons per day facility), should additional I
8
--
417
permitted capacity be authorized therefrom, then one-third (1/3)
of such additional capacity shall be allocated and reserved for the
Town.
SBC~IO. VII
Pa,..Dt for Capacity AllocatioDs iD a_gioDal Sfst..
I A. Loan Determination
The amount of the loan awarded for the construction and
installation of the Regional System shall be determined pursuant
to the directives of the Funding Agency. As soon as practicable
after final determination of the loan amount and related debt
instrument details, the County shall provide such information to
the Tv '.u.
B. Loan Payment Portion Payable by Towq
The Town shall pay that portion of each and every payment
due on the loan obtained through the Funding Agency as hereinafter
provided:
1. The portion of each payment made by the Town shall
equal the product of the total amount of the principal and/or
interest due for such payment multiplied by thirty-seven percent
(37%).
I 2. The portion of the payment to be made by Town shall
be paid to the County at least fifteen (15) days prior to the due
date of the same.
3. It is understood that according to the Funding
Agency, principal payments will be made annually on or before May
1 of each year, and that all interest payments will be made
semiannually on or before May 1 and November 1 of each year. The
portion of the payments to be made by Town as herein provided shall
apply to both the principal and interest and the interest only
payments due on the loan.
C. Remainder of Loan Payments
The remaining portion of the loan payment for the
Regional System, that is, that portion not paid by Town, shall be
obtained by the County from the other governmental unit
participating in the Project, and/or supplied by the County.
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D. Transmission of Loan Pavrnent
The County shall be responsible for transmitting the loan
payments to the Funding Agency or other appropriate agency as
directed by the Funding Agency. County shall make said payments
on a timely basis and any penalty or late charges shall not be paid I
by Town, provided Town has made its payment by the time required
in Section VII (B) (2).
E. Costs in-Excess of Cu~t Estimates
It is the understanding of the County and the Town that
the current estimated Project cost is Seven Million ($7,000,000)
Dollars. It is agreed that all efforts will be made to keep the
Project cost within said amount, and to reduce the same if
possible. The County and the Town agree to collaborate with regard
to modifications necessary to bring the project cost within the
current estimate. However, should the cost exceed the current
estimate, it is agreed that the Town shall pay its share of such
excess cost in the same portion as set forth in Section VII (B) (1)
above.
Should circumstances arise where the Town and/or the
County determine that continuation of the Project is not feasible,
upon the mutual agreement of the units participating therein, the I
Project may be terminated. Upon such termination, Town agrees to
pay to County thirty-seven percent (37%) of the costs incurred to
such date by the County with regard to the Project.
BEeTIO. VIII
Wastewater Treatment and Metering
A. Countv to Tre~t Town Wastewater
County agrees to treat at the Regional Treatment Facility
dur ing the term of this Agreement or any renewal or extension
thereof, quantities of wastewater which flow through the Town
Effluent Meter up to and including the maximum amount of five
hundred thousand (500,000) gallons per day, . which said maximum
amount equals the allocation made and reserved for the Town herein.
The wastewater shall be treated pursuant to those standards
specified by the applicable Federal and State agencies, including, I
\
10
419
but not limited to, the standards of the Division of Environmental
Health of the North Carolina Department of Environment, Health and
Natural Resources.
B. 10wn Effluent Mete~
County agrees to furnish and install as part of the
I Project and thereafter operate and maintain at such point as is
agreed upon by the engineers for the Regional System and the
engineers employed by the Town the necessary metering equipment,
including a meter house or pit, and the required devices of
standard type for properly measuring the quantity of wastewater
transmitted into the Regional Interceptor Pipeline for treatment
and to calibrate such metering equipment whenever requested by
Town, but not more frequently than once every twelve (12) months.
However, the Town may obtain independent verification of the
calibration of the metering equipment. In this event, should the
test result be deemed to be accurate, (as hereinbelow stated), then
the Town shall pay the costs of obtaining such test. If the test
result is not deemed to be accurate, (as hereinbelow stated), then
the County shall pay the costs of obtaining the test. A meter
registering not more than two (2\) percent above or below the test
I result shall be deemed to be accurate. The previous readings of
any meter disclosed by test to be inaccurate shall be corrected for
the three (3) months previous to such test in accordance with the
percentage of inaccuracy found by such tests. If the meter fails
to register for any period, the amount of wastewater treated during
such period shall be deemed to be that amount of wastewater which
equals the average monthly reading for the three (3) months
previous to such failure, unless County and Town shall agree upon
a different amount. Appropriate officials of Town shall have
access to the meter at all reasonable times in order to verify
readings.
C. Meter Readings
The Town Effluent Meter shall be read by the County on
the first day of each month.
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SECTION IX
Operation and Maintenance
of Regional System
A. HAnaaement of Reaional System I
Except as otherwise set forth in this Agreement, the
Regional System shall be managed, operated, and maintained by the
County through its Department of Public Utilities, as a County
operated public enterprise, and in connection therewith the County
shall:
1. Formulate and thereafter maintain proper accounting
procedures with respect to the Regional System in accordance with
the North Carolina Local Government Budget and Fiscal Control Act
as set forth in Article 3, Chapter 159 of the North Carolina
General Statutes.
2. Operate and maintain the Regional System on an annual
budget, which budget shall be formulated and maintained in
accordance wi th the North Carolina Local Government Budget and
Fiscal Control Act as set forth in Article 3, Chapter 159 of the
North Carolina General Statutes.
3. Contract with a certified public accountant for I
annual audits of the Department of Public Utilities and the
Regional System accounting procedures and records.
4. Obtain, and thereafter maintain, insurance and bonds
as required by State law.
5. Comply with all Federal, State, and Local laws and
regulations relative to the management, operations and maintenance
of the Regional System.
6. Invoke moratoriums in accordance with Section IX (G)
hereof to prevent the addition of wastewater customers to the
Regional System and/or the increase in wastewater flow into the
Regional System so as to protect the allocation in the Regional
System reserved for the Town herein.
7. Invoke surcharges in accordance with Section IX (F)
hereof upon the local governmental units involved with the Project,
in the event such units exceed their maximum flow input amounts I
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421
(reserved allocations) into the Regional System.
8. Report to the Town on a monthly basis, or upon
request, with respect to wastewater flow from all the units
involved with the Project and other matters as are appropriate.
9. Otherwise, provide for the orderly and efficient
I management, operation, and maintenance of the Regional System.
B. Operations and Maintenance Expense Provided bv ~
1. The Town shall, on a monthly basis, provide that
portion of the costs incurred for Operations and Maintenance of the
Regional System as is described herein. Said monthly cost shall
be based upon a Bulk Municipal Sewer Rate as hereinafter
formulated.
2. The portion of the costs incurred for Operations and
Maintenance of the Regional System to be provided by Town shall be
that amount of money which equals the product of the Bulk Municipal
Sewer Rate multiplied by the number of gallons of wastewater
transmitted into the Regional Interceptor Pipeline as measured
through the Town Effluent Meter.
3. The Bulk Municipal Sewer Rate (hereafter "Bulk
Rate" ) shall be the Operations and Maintenance expense of the
I Regional System expressed in cost per one thousand (1000) gallons
of wastewater treated. The Bulk Rate shall be determined on an
annual cycle, and shall be based upon demonstrable expenditures for
the operations and maintenance of the Regional System as indicated
on the accounting records for the Regional System, together with
anticipated increases or decreases in the same. The Bulk Rate
shall be determined as follows:
(a) The total amount of Operations and Maintenance
costs incurred by the County during a fiscal year shall be
calculated.
(b) Such total amount of Operations and Maintenance
costs shall then be divided by the number of gallons of wastewater
treated at the Regional Treatment facility during the corresponding
fiscal year. The per gallon cost thereupon derived shall be
multiplied by one thousand (1000) to determine actual cost per one
thousand (1000) gallons.
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(c) The actual cost per one thousand (1000) gallons
shall thereupon be adjusted to reflect projected and anticipated
increases or decreases in the operations and Maintenance expenses
reasonably expected to be incurred by the County in the forthcoming
rate period. I
(d) The actual cost per one thousand (1000) gallons
adjusted as provided in (c) above shall be the Bulk Rate for the
next fiscal year.
4. Prior to the adoption of a bulk rate, the County
shall seek the advice and recommendations of the Regional Board
with respect thereto, and shall provide documentation to the
Regional Board to support its conclusions and opinions regarding
the same.
5. On or before April 1 of each year, the County shall
advise the Town of an estimate of the bulk rate it intends to adopt
and shall adopt such rate on or before May 1 of each year.
6. The Town shall be furnished by the County, not later
than the tenth (10th) day of each month, an itemized statement or
bill (including the amount of wastewater treated, the rate and the
amount due) for the amount of wastewater transmitted into the
Regional Interception Pipeline through the Town Effluent Meter I
during the preceding month, as established by the meter readings
made on the first day of each month.
7. The Town shall pay to the County the amount billed
to them by the County on or before the twentieth (20th) day of the
month in which the bill is rendered.
C. Procedu~~~ ~ri~~ tQ Implement~tAon of, Annual Cycle
1. The Bulk Municipal Sewer Rate, prior to the
implementation of the Annual Cyclical Procedures outlined .
~n
Section B above, shall be determined as follows:
(a) During the period beginning on the date the
County commences accepting wastewater from the Town into the
Regional System and continuing through the end of the fiscal year
following the fiscal year during which wastewater is first
accepted, the Bulk Municipal Sewer Rate shall be based upon
estimated Operations and Maintenance expenses of the Regional I
14
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423
System as determined by the County and the project engineers.
(b) During the first year in which the Annual
Cyclical Procedures are implemented, the Bulk Municipal Sewer Rate
shall be based upon demonstrable expenditures for the operations
and maintenance of the Regional System as indicated on the
I accounting records for the Regional System made during the first
fiscal year of its operation (that period beginning on the date the
County commences accepting wastewater from the Town into the
Regional System and continuing through the end of the same fiscal
year) , together with projected and anticipated increases or
decreases' in the operations and maintenance expenses reasonably
expected to be incurred by the County in the forthcoming rate
period.
2. The first billing to the Town shall be made not
later than the tenth (10th) day of the month following the month
during which the County commences accepting wastewater from the
Town.
3. All other procedures provided in section B above
shall be utilized in the calculating of the monthly bill to be
rendered to and paid by Town.
I D. ,lvsteJD Failure
The County will, at all times, operate and maintain the
Regional System in an efficient manner and will take such action
as may be necessary to furnish sewer services to the Town.
Temporary or partial system failures shall be remedied with all
possible dispatch. Any reduction in services to the Town shall be
reduced or diminished in the same ratio or proportion as the same
is reduced or diminished with respect to the other local
governmental units involved in the Project. Emergency failures
caused by main pipeline breaks, power failure, flood, fire,
earthquake, or other catastrophe shall excuse the County from the
obligation to provide sewer services to the Town for such
reasonable period of time as may be necessary to restore service.
E. Indemnification of Tow~
The County shall and hereby does indemnify and hold
harmless the Town from and against all costs, loss, expenses,
I
15
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424
(including attorney's fees), claims,suits and judgments whatsoever
in connection with any and all liability arising out of any error
or omission made or caused by the County and/or its officers,
agents and employees in connection with any of the Regional System
operated by the County. I
F. ~haraes
1. Invoking Surcharges. The County shall invoke
surcharges upon the local governmental units involved with the
Project when such units:
(a) Discharge into the Regional System a quantity
of wastewater which exceeds such units maximum flow input amounts
(reserved allocations), hereinafter referred to as "excess use
surcharges II or
(b) Discharge into the Regional System wastewater
which violates the regulations of the applicable federal, state,
and/or local governments and/or agencies, hereinafter referred to
as .violation caused surcharges."
2. Excess Use Surcharges. The procedures for
processing excess use surcharges shall be as follows:
(a) Such surcharges shall be imposed and calculated
based on each monthly meter reading period. I
(b) The surcharges shall be invoked effective the
monthly meter reading period during which the excess use first
occurs and shall continue until such use is ended.
(c) The amount of the surcharge shall be calculated
based upon the surcharge as set by the Regional Board.
(d) Surcharges shall be payable twice a year, on
or before May 1 and November 1. Such surcharges shall be applied
as provided in Section 3 below.
3. Distribution of Excess Use Surcharges. Surcharges
imposed and collected by reason of excessive discharges shall be
applied and/or used in accordance with a policy or policies to be
adopted by the Regional Board. Prior to adoption of such policy
or policies, the Regional Board shall consider the advice of
engineers regarding the same and shall investigate other policies
of surcharge use as adopted by other units of local government. I
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425
4. Violation Caused Surcharges. The procedures for
processing surcharges invoked by reason of violations shall be as
follows:
(a) The amount of the surcharge shall be calculated
based upon the surcharge as set by the Regional Board and based on
I the strength of the waste being received above the average domestic
waste concentrations as may be defined by law.
(b) The surcharge shall be added to the Operation
and Maintenance costs billed to the local governmental unit
involved with the Project upon which the surcharge has been
invoked.
(C) The surcharges shall be invoked effective the
monthly meter reading period during which the violation first
occurs and shall continue until such violation is remedied.
(d) The surcharges shall be placed into the
Operations and Maintenance budget of the Regional System.
G. HQ,ratoriums
The County shall invoke moratoriums upon the local
governmental units involved with the Project when such units:
1- Discharge into the Regional System for a period of
I four (4) out of six (6) consecutive calendar months a quantity of
wastewater which exceeds such unit's maximum flow input amounts
(reserved allocations); or
2. Discharge into the Regional System wastewater which
violates the regulations of the applicable federal, state and/or
local governments and/or agencies and such entities do not promptly
act to remedy such violations.
A moratorium as provided herein shall mean a suspension
of the issuance of all building permits for the unit. The
moratorium shall remain in effect until the condition causing the
same has been resolved satisfactory to the County.
SBC~IO. X
Revional 5y.te. Di.tinct rr~ ~OND Sy.te.
It is understood that the Regional System shall be distinct
I and separate from the existing system of the Town. As such, except
17
426
as expressly provided in this Agreement, the County may, with
respect to the Regional System:
A. Operate, maintain, manage, regulate and control the
Regional System;
B. Establish and set all rates, fees, and other charges
applicable thereto; I
c. Adopt such ordinances, rules, regulations and other
procedures as it deems appropriate therefor;
D. Collect and retain revenues and other monies obtained in
the operation of the same; and
E. Otherwise, exercise with respect thereto any and all
rights, authorities or privileges it may be or has been granted by
law.
SBC~IO. XI
Bxisting Collection System of ~oWD
A. Ownershio
The existing collection system of the Town shall be and
remain the sole property of the Town.
B. Ooerat~ns and Maintenance I
The Town shall be solely responsible for the operations
and maintenance of its existing collection system.
C. Rates. Fees. and Other Charaes
1. Establishment. The Town shall establish and set all
rates, fees, and other charges for sewer connections and services
provided from its existing collection system.
2. Billing and Collection. The Town shall be
responsible for billing all sewer service customers served or to
be served by its existing collection system. All costs related to
billing and collection shall be paid by Town.
D. Administrative Exoenses
The Town shall be responsible for all administrative,
legal, and other costs associated with its existing collection
system.
18 I
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427
E. Indemnification of Cou~
The Town shall and hereby does indemnify and hold
harmless the County from and against all costs, loss, expenses,
(including attorneys' fees) claims, suits and judgments whatsoever
in connection with any and all liability arising out of any error
I or omission made or caused by the Town and/or its officers, agents
and:"""J:"loyees in connection with its existing sewer collection
system or any other sewer collection system operated by the
Town.
SEC!fIOR XII
Certain Expansions R.l.~.4 ~o ~h. !fOND
A. Expansions to Col1ect1gp Svstem of Town-Co~
Nonparticipant
1. Applicability. The provisions of this subsection
shall apply in the event sewerage collection pipelines, force
mains, and/or related facilities are constructed such that effluent
therefrom shall flow through the Town Effluent Meter, and the same
have been either:
I (a) constructed or caused to be constructed solely
by the Town, OR
(b) constructed by some person, firm, or entity
other than the County, and accepted by the
Town as part of its collection system.
2. Ownership. Sewerage collection pipelines, force
mains and/or related facilities as identified in subsection A(l)
above shall be and remain the sole property of the Town.
3. Operation and Maintenance. The Town shall be solely
responsible for the operation and maintenance of any sewerage
collection pipelines, force mains, and/or related facilities as
identified in subsection A(l) above.
4. Rates, Fees, and Other Charges. The Town shall
establish and set all rates, fees, and other charges for sewer
connections and services provided from any sewerage collection
I pipelines, force mains, and/or related facilities as identified in
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428
subsection A(1) above.
5. Billing and Collection. The Town shall be
responsible for billing all sewer service customers served by
sewerage collection pipeline, force mains, and/or related
facilities as identified in subsection A( 1) above. All costs
I
related to billing and collection shall be paid by Town.
6. Administrative Expenses. The Town shall be
responsible for all administrative, legal, and other costs
associated with sewerage collection pipeline, force mains, and/or
related facilities as identified in subsection A(1) above.
B. EXDansions for Benefit o'-fown-CoYDtv Nonparticipant
1. Applicability. The provisions of this subsection
shall apply to sewerage collection pipelines, force mains, and/or
related facilities to be constructed such that effluent therefrom
shall not flow through the Town Effluent Meter, but shall flow
otherwise into the Regional Interception Pipeline, and the same are
to be either:
(a) constructed or caused to be constructed solely
by the Town, OR
(b) constructed by some person, firm, or entity
other than the County and the areas serviced I
therefrom are to be incorporated into the
municipal boundaries of the Town.
2. Connection Subject to County Approval. Any sewerage
collection pipeline, force mains, and/or related facilities
identified in subsection B(1) above shall not be connected to the
Regional Interception Pipeline or any other pipeline or main owned
by the County until such connection is approved in writing by the
County.
3. Ownership. Any sewerage collection pipelines, force
mains, and/or related facilities identified . subsection B(1)
J.n
above shall be and remain the sole property of the Town.
4. Provisions Subject to Mutual Agreement. With respect
to any sewerage collection pipelines, force mains, and/or related
facilities identified in subsection B(1) above, it is agreed that
County and Town shall collaborate, and prior to construction of the I
20
429
same, agree to provisions with respect thereto regarding the
following:
(a) Metering of effluent transmitted therefrom,
(b) Operation and maintenance thereof,
(C) Rates, fees, and other charges applicable
I thereto,
(d) Responsibility for billings and collections
related thereto; and
(e) Responsibility for administration expenses
regarding the same.
C. county E~ansions to Cojlect1Qn System of Town
1. Applicability. The provisions of this subsection
shall apply to sewerage collection pipelines, force mains and/or
related facilities to be constructed outside the corporate limits
of the Town and such that effluent therefrom shall flow through the
Town Effluent Meter and the same are to be either:
(a) constructed or caused to be constructed solely
by the County, or
(b) constructed by some person, firm or entity
other than the Town and are to be accepted by
I the County as part of its collection system.
2. Connection Subject to Town Approval. Any sewerage
collection pipelines, force mains and/or related facilities
identified in subsection C(l) above shall not be connected to the
existing collection system of the Town or any system identified in
subsection A(l) hereof until such connection is approved in writing
by the Town.
3. Ownership. Any sewerage collection pipeline, force
mains and/or related facilities identified in subsection C(l) above
shall be and remain the sole property of the County.
4. provisions Subject to Mutual Agreement. With
respect to any sewerage collection pipelines, force mains and/or
related facilities identified in subsection C(l) above, it is
agreed that County and Town shall collaborate, and prior to
construction of the same, agree as to provisions with respect
thereto regarding the following:
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430
(a) Metering of effluent transmitted therefrom,
(b) Operation and maintenance thereof,
(c) Rates, fees and other charges applicable
thereto,
(d) Responsibility for billings and collections
I
related thereto; and
(e) Responsibility for administrative expenses
regarding the same.
D. Couptv E~ansions in Vicinity of-1owq
1. Applicability. The provisions of this subsection
shall apply to sewerage collection pipelines, force mains and/or
related facilities constructed such that effluent therefrom shall
not flow through the Town Effluent Meter, but shall flow otherwise
into the Regional Interceptor Pipeline, and the same has been
either:
(a) constructed or caused to be constructed solely
by the County, or
(b) constructed by some person, firm or entity
other than the Town, and accepted by the County
as part of its collection system. I
2. OWnership. Sewerage collection pipelines, force
mains and/or related facilities as identified in subsection 0(1)
above shall be and remain the sole property of the County.
3. Operation and Maintenance. The County shall be
solely responsible for the operation and maintenance of any
sewerage collection pipelines, force mains and/or related
facilities as identified in subsection 0(1) above.
4. Rates, Fees and Other Charges. The County shall
establish and set all rates, fees and other charges for sewer
connections and services provided from any sewerage collection
pipeline, force mains and/or related facilities as identified in
subsection 0(1) above.
5. Billing and Collections. The County shall be
responsible for billing all sewer service customers served by
sewerage collection pipelines, force mains and/or related I
22
431
facilities as identified in subsection D(l) above. All costs
related to billing and collection shall be paid by County.
6. Administrative Expenses. The County shall be
responsible for all administrative, legal and other costs
associated with any sewerage collection pipelines I force mains
I and/or related facilities as identified in subsection 0(1) above.
E. E~ansions Resulting from Joint CooQeration of Town and
CouptvJOther E~ansionB Not Identified
1. Applicability. The provisions of this subsection
shall apply to sewerage collection pipelines, force mains and/or
related facilities constructed or caused to be constructed as a
result of a joint effort of the County and Town or planned or
caused to be constructed pursuant to some other plan not identified
herein.
2. Provisions Subject to Mutual Agreement. with
respect to any sewerage collection pipelines, force mains and/or
related facilities as identified in subsection E(l) above, it is
agreed that County and Town shall collaborate and, prior to
.
construction of the same, agree as to provisions with respect
thereto regarding the following:
I (a) OWnership thereof,
(b) Metering of effluent transmitted therefrom,
(c) Operation and maintenance thereof,
(d) Responsibility for establishment of rates, fees
and other charges applicable thereto,
(e) Responsibility for billings and collections
related thereto, and
(f) Responsibility for administrative expenses
regarding the same.
Seet.ion XIII
Sxi.t.lag ~reat."Dt. Faelllt.les of ~OVD
A. General. In order to operate the Regional System, the
County shall require certain properties and/or facilities for use
as a waste sludge disposal area. The Town is the owner of existing
treatment facilities, as hereinabove described, which may be
I 23
432
utilized for such waste sludge disposal. It is the desire of the
County and the Town to make provision herein for said existing
treatment facilities to be used as a waste sludge disposal area
for the Regional System.
B. Environmental Prot~~tj.on ~g~ncv Conditions. It is I
understood that portions of the Town's existing treatment
facilities were acquired and/or constructed by the Town with grant
funds supplied by the United States of America acting through the
Environmental Protection Agency. Such grant was made subject to
certain restrictions as to the use thereof and the provisions of
this Section are subject thereto.
C. Transfer. It is agreed that the Town and the County
shall make provision for the said existing treatment facilities to
be used as part of the Regional System and that the same shall be
accomplished pursuant to and in accordance with the requirements
and directives of the United States of America acting through the
Environmental Protection Agency, such that the EPA will not require
repayment of Grant No. C-370-692-01 previously made to the Town.
SECTION XIV
Expansion of Regional System I
A. Section Aoolicabilitv
The provisions of this Section shall apply in the event
one or more of the following circumstances should arise:
1. The Town determines that it desires additional
wastewater treatment plant capacity such that an expansion must be
made to the Regional Treatment Facility to obtain such additional
capacity.
2. The County determines that it desires additional
wastewater treatment plant capacity such that an expansion must be
made to the Regional Treatment Facility to obtain such additional
capacity.
3. A determination is made that wastewater flow from
the Town into the Regional Interceptor Pipeline has increased or
is anticipated to increase to such extent that the Regional I
Interceptor Pipeline must be upgraded, expanded, and/or enlarged
24
433
to meet the flow requirements of the Town.
, 4. The County determines that it desires to upgrade,
expand, and/or enlarge one of the main interceptor pipelines
constructed as part of the Project.
5. The County determines that it desires to provide
I wastewater treatment services to other local governmental units
not involved with the Project.
B. Negative :tJmIlcts
with respect to the implementation of any expansion to
the Regional System as described in this Section, a negative impact
shall be deemed to result from the same, if it is reasonably
expected to cause:
1. Additional debt service costs to be incurred by the
local governmental unit or units not participating therein; or
2. A reduction or diminution in services to any or all
the local governmental units involved in the project; or
3. Additional Operations and Maintenance costs to be
incurred by the local governmental unit or units not participating
therein.
C. froce~
I In the event the County and/or the Town desire to
implement an expansion as described in this Section, then the
following procedures shall be utilized:
1. The County and/or the Town shall cause appropriate
investigations, studies, and/or evaluations to be conducted to
determine whether or not negative impacts will result from the
desired expansion.
2. In the event a determination is made that negative
impacts will result from the expansion, the County and/or the Town
will formulate actions to be put into effect with the
implementation of the expansion which will remedy the effect of
such negative impacts.
3. The County and/or the T,...,~... shall present any
proposal relative to the implementation of an expansion to the
Regional Board. Such proposal shall include such documentation as
I will reasonably support its conclusions and opinions relative to
25
434
negative impacts.
4. The County and/or the Town shall cooperate with the
Regional Board as said Board carries out its functions as set forth
in Section XVI of this Agreement.
5. Upon approval of the proposed expansion by the I
Regional Board, the party or parties involved shall be authorized
to implement the proposed expansion.
D. AdditioUAl-~rQ~~Qure ~~t~ized for BenefJt of Count~
In the event that the Regional Board does not approve an
expansion desired by the County, and/or fails to carry out its
duties with respect to making its decision regarding such expansion
in a timely manner, then it is understood that the County may
proceed to implement an expansion if the expansion is reasonably
expected to cause no negative impacts on the local governmental
unit or units not involved in the expansion; or, those negative
impacts reasonably expected to result from the expansion have been
or will be, upon implementation of the expansion,remedied by the
County. Such expansion as is herein authorized may be jointly
implemented by the County and the other local governmental unit
involved in the Project. It is agreed that any wastewater
treatment plant capacity and/or any interceptor line capacity I
resulting pursuant to such expansion shall be allocated to the
County and, if applicable, the other local governmental unit
involved with said expansion.
E. ~dditional Procedu~utho~zed for Be~t of-1owu
In the event that the Regional Board does not approve an
expansion desired by the Town, and/or fails to carry out its duties
with respect to making its decision regarding such expansion in a
timely manner, then it is understood that the Town may proceed to
implement an expansion if the expansion is reasonably expected to
cause no negative impacts on the local governmental unit or units
not involved in the expansion; or, those negative impacts
reasonably expected to result from the expansion have been or will
be, upon implementation of the expansion, remedied by the Town.
Such expansion as is herein authorized may be jointly implemented
by the Town and the other local governmental unit involved in the I
26
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435
Project.
PROVIDED, HOWEVER, that should the Town determine to
proceed as provided hereunder, that it shall do so under the
following terms and conditions:
1. The Town shall employ consulting engineers,
I acceptable to and approved by County, to design the desired
expansion. Upon c~i&..~letion, the plans and specifications for the
expansion shall be presented to the County for review and approval.
The County shall approve such plans and specifications unless good
cause exists to disapprove the same. The County agrees to not
unreasonably withhold approval of such plans and specifications.
2. The County, as operator of the Regional System,
shall collaborate and cooperate with the Town in order to obtain
the necessary permits from the applicable federal, state and/or
local governments and/or agencies so as to proceed with
construction of the expansion.
3. The County, as operator of the Regional System, and
the Town shall make provision for the joint submission of the
expansion project for bids. The contract or contracts for
construction shall thereafter be awarded according to law. The
I decision as to which bid or bids to accept or any decision to rebid
the project shall be made by the T",'".u
4. During construction it is agreed that the County
shall be authorized to inspect and observe the construction process
so as to insure the acceptable cu~.,~letion of the expansion.
5. All costs associated with the expansion shall be
paid by the Town. Administrative costs incurred by the County
shall be paid by the Town to the County upon billing by the County.
Costs of design, construction observation and other engineering
services shall be paid directly by the Town to the engineer. In
the event it is necessary for the County to enter into contracts
for the construction of the expansion (for the benefit of the Town)
costs incurred pursuant to such contracts shall be paid by the Town
over the course of the construction period within ten (10) days
after submission of periodic pay estimates [as issued by the
contractor(s) and/or engineer].
I 27
436
6. It is agreed that any wastewater treatment plant
capacity and/or any interceptor line capacity resulting pursuant
to the above described procedure shall be allocated to and owned
by the Town.
7. As set forth in this proviso, the term Town shall I
include, if applicable, the other local governmental unit involved
with said expansion.
SBCTIOR XV
Sale of Capaci~y Alloca~ion. in Regional Sy.~_
A. Section Applicability
The provisions of this Section shall apply in the event
one or more of the following circumstances should arise:
1. The Town determines that it desires to sell all or
a portion of its capacity allocation in the Regional System to one
or more of the other local governmental units involved with the
Project.
2. The Town determines that it desires to purchase all
or a portion of the capacity allocation in the Regional System held
by one or more of the other local governmental units involved with
the Project. I
3. The County determines that it desires to sell all
or a portion of its capacity allocation in the Regional System to
one or more of the other local governmental units involved with
the Project.
4. The County determines that it desires to purchase
all or a portion of the capacity allocation in the Regional System
held by one or more of the other local governmental units involved
with the Project.
B. Neaative lmoact
wi th respect to the purchase and/or sale of capacity
allocations in the Regional System as described in this Section,
a negative impact shall be deemed to result from a purchase and/or
sale if such purchase and/or sale is reasonably expected to cause:
28 I
437
1. Additional debt service costs to be incurred by the
local governmental unit or units not parties to the purchase and/or
sale; or
2. A reduction or diminution in services to any or all
the local governmental entities involved in the Project; or
I 3. Additional Operations and Maintenance costs to be
incurred by the local governmental entity or entities not parties
to the purchase and/or sale.
C. f1'ocecmn
In the event the County and/or the Town desire to
purchase and/or sell capacity allocations in the Regional System
as described in this Section, then the following procedures shall
be utilized:
1. The County and/or the Town shall cause appropriate
investigations, studies and/or evaluations to be conducted to
determine whether or not negati ve impacts will result from the
purchase and/or sale.
2. In the event a determination is made that negative
impacts will result from the purchase and/or sale, the County
and/or the Town will formulate actions to be put into effect
I together with the purchase and/or sale which will remedy the effect
of such negative impacts.
3. The County and/or the Town shall present any
proposal relative to the purchase and/or sale of capacity
allocations in the Regional System to the Regional Board. Such
proposal shall include such documentation as will reasonably
support its conclusions and opinions relative to negative impacts.
4. The County and/or the Town shall cooperate with the
Regional Board as said Board carries out its functions as set forth
in Section XVI of this Agreement.
5. Upon approval of the proposed purchase and/or sale
by the Regional Board, the parties involved shall be authorized to
c,,,,&"!:,,lete said purchase and/or sale.
D. Additional Procedure Authorized for BeDAfit of co~
In the event that the Regional Board does not approve a
proposal made by the County to purchase and/or sell capacity
I
29
438
allocations in the Regional System, and/or fails to carry out its
duties with respect to making its decision regarding such purchase
and/or sale in a timely manner, then it is understood that the
County may proceed to consummate the proposed purchase and/or sale
if the purchase and/or sale is reasonably expected to cause no I
negative impacts on the local governmental unit or units not
involved in the purchase and/or sale or, those negative impacts
reasonably expected to result from the purchase and/or sale have
been or will be, upon consummation of the purchase and/or sale,
remedied by the County.
E. ~dditional Procedure Aut~zed f2r Be~t of Town
In the event that the Regional Board does not approve a
proposal made by the Town to purchase and/or sell capacity
allocations in the Regional System, and/or fails to carry out its
duties with respect to making its decision regarding such purchase
and/or sale in a timely manner, then it is understood that the Town
may proceed to consummate the proposed purchase and/or sale if the
purchase and/or sale is reasonably expected to cause no negative
impacts on the local governmental unit or units not involved in
the purchase and/or sale or, those negative impacts reasonably
expected to result from the purchase and/or sale have been or will I
be, upon consummation of the purchase and/or sale, remedied by the
Town.
PROVIDED HOWEVER, that should the Town consummate a sale
of all or a portion of its capacity allocation in the Regional
System to another local governmental unit involved in the Project,
the Town shall be and remain liable to the County hereunder for the
Town's portion of the costs of the Regional System.
AND FURTHER PROVIDED, that should a purchase and/or sale
as provided hereunder cause any modification to be made to the
Regional System, then, such modification shall be completed upon
the following terms and conditions:
1. The Town shall employ consulting engineers
acceptable to and approved by County, to design the desired
modification. Upon completion, the plans and specifications for
the modification shall be presented to the County for review and I
30
439
approval. The County shall approve such plans and specifications
unless good cause exists to disapprove the same. The County agrees
to not unreasonably withhold approval of such plans and
specifications.
2. The County, as operator of the Regional System,
I shall collaborate and cooperate with the Town in order to obtain
the necessary permits from the applicable federal, state and/or
local governments and/or agencies so as to proceed with
construction of the modification.
3. The County, as operator of the Regional System, and
the Town shall make provision for the joint submission of the
modification project for bids. The contract or contracts for
construction shall thereafter be awarded according to law. The
decision as to which bid or bids to accept or any decision to rebid
the project shall be made by the Town.
4. During construction it is agreed that the County
shall be authorized to inspect and observe the construction process
so as to insure the acceptable completion of the modification.
5. All costs associated with the modification shall be
paid by the Town. Administrative costs incurred by the County
I shall be paid by the Town to the County upon billing by the County.
Costs of design, construction observation and other engineering
services shall be paid directly by the Town to the engineer. In
the event it is necessary for the County to enter into contracts
for the construction of the modification (for the benefit of the
Town) costs incurred pursuant to such contracts shall be paid by
the Town over the course of the construction period within ten (10)
days after submission of periodic pay estimates [as issued by the
contractor(s) and/or engineer].
SBCTIOR XVI
Cape rear Regional Wastewater Board
A. ~e8tJ.sm
The County and the Town agree to cooperate and
participate . the previously established
J.n Cape Fear Regional
I Wastewater Board (hereinafter sometimes referred to as the
31
440
"Regional Board" ) in accordance with the provisions of this
Section. It is acknowledged that the County has entered into
Agreements with the other local governmental unit involved with
the Project and that such Agreement contains a Section regarding
the Regional Board which is in substance identical to this Section. I
It is understood that the Town and the County hereby agree that
they shall abide by those provisions of this Agreement concerning
the Regional Board as the same apply to the other local
governmental units involved with the Project.
B. fYrnos8 ot Reqional Board
It is the desire of the local governmental units involved
with the Project to create the Regional Board for the following
purposes:
1. To create a forum where the concerns and desires of
such units may be freely and openly discussed so as to insure that
all units will be made aware of the status of all aspects of the
Regional System and its operation.
2. To promote cooperation between such units.
3. To insure that all such units will be provided an
opportunity to make suggestions and comments relative to the status
of the Regional System and its operation. I
4. To review proposals to modify the existing status
of the Regional System and its operation.
5. To review proposals to expand the Regional System
and to promote agreement and cooperation between such units with
respect thereto.
6. To carry out and implement its duties and
authorities set forth in this Agreement.
C. Membership
Two members of the Regional Board shall be appointed by
each local governmental unit involved with the Project, one of
which shall be a member of the governing body of the unit
appointing such members. The members of the Regional Board shall
serve at the pleasure of the Board appointing them.
D. jnitial ~ppointmeqt
I
32
--
441
It is acknowledged that the members of the Regional Board
have been previously appointed pursuant to the referenced Agreement
of December 18, 1989. It is agreed said appointments shall remain
in effect.
E. Keet1..Dsa
I Regular meetings of the Regional Board shall be held on
the fourth Tuesday of the first month in each calendar quarter of
the year at 7:00 o'clock p.m., and at such other times as requested
by any unit represented on said Board. The Board shall meet in
the Conference Room of the Northeast Metropolitan Water Plant
Facility located on West Duncan Street in Lillington, North
Carolina, or such other place as the Regional Board directs.
F. Voting
Each member of the Regional Board shall be entitled to
one vote on each issue coming before the Board.
G. Officers
At the first meeting of the Regional Board each calendar
year, the Regional Board shall elect from its membership a Chairman
and a Vice-Chairman. The fact that a Board member shall be elected
t~ either office shall have no effect upon the voting rights of
I that member or of the unit such member represents.
H. Operating Procedures
The proceedings of the Regional Board shall be conducted
in accordance with the most recent edition of Robert's Rules of
Order, except where the provisions of this Agreement provide
otherwise.
I. Duties of Rec;1ional Board Regarding Purchase/Sale ot
Regional Svste. C~pacitv allocatiQns and Regional Svstem
Expansions
1. Statement of Intent. It is the intent of the local
governmental units involved with the Project to provide, through
the Regional Board, a forum for discussion, review and approval of
any proposal to purchase and lor sell capacity allocations in the
Regional System or to expand the Regional System. In connection
therewith , the Board shall not unreasonably withhold approval of
I such proposal, but rather shall be required to approve the same ,
unless good cause shall be shown not to do so. Additionally, the
7 "7
.J )
442
Board shall use its best efforts to promote cooperation and
agreement between the several units involved with the project with
respect to such proposals.
2. Procedure. At such time as one or more of the local
governmental units involved with the project present a proposal to I
the Board to implement an expansion as provided in Section XIV of
this Agreement and/or a proposal to purchase and/or sell Regional
System capacity allocations provided . Section XV of this
as 1n
Agreement the Regional Board shall:
(a) Discuss and evaluate the proposal presented
and explore the possibility of formulating an agreement between
all the local governmental units involved with the Project to
achieve a mutually beneficial result for all such units.
(b) Discuss and evaluate the conclusions and
opinions of the proposing unit or units with regard to negative
impacts of the proposal and, if applicable, the plans of such
proposing unit or units to remedy negative impacts.
(C) In the event of disagreement, offer comments
and suggestions with regard to terms and conditions to be
implemented as part of the proposal which will remedy negati ve
impacts. I
(d) In the event of disagreement, require the
disagreeing unit or units or the Board members representing the
same to provide appropriate documentation and/or data to support
its or their respective position concerning the disagreement.
(e) Upon satisfactory determination of no negative
impacts or substantiated reasonable plans to remedy negative
impacts, approve the proposal presented.
J. Dutj.es oLReaional Board Reaardina Bstablisbment ot
SurcUAfae ~ou~
Prior to the time any of the local governmental units
involved with the Project commence obtaining services from the
Regional System, the Regional Board shall set the amount of the
surcharges to be invoked pursuant to Section IX (F) hereof. Said
surcharge amount shall thereafter be set on a yearly basis at the
first meeting of each calendar year. I
34
443
K. Oth~Duties of ReqiQpal Board
In addition to the other duties of the Regional Board as
set forth in this Agreement, the Regional Board shall advise the
County on the various aspects of operation and maintenance of the
Regional System.
I L. Administration of ReQional Board
The County shall provide for the administration of the
Regional Board, and in connection therewith:
1. Designates the Director or Head of the County
Department of Public utilities as the coordinator of the Regional
Board. In such capacity, the Director shall coordinate meetings
of the Regional Board, provide such administrative staffing as may
be required therefor and to do such other acts, in keeping with
the purposes of the Regional Board, as the Board requests.
2. Shall provide the designated meeting place for the
Board.
3. Shall provide for such administrative personnel as
may be required by the Regional Board to carry out its functions.
M. Reports to the ReQional Board
Reports regarding the operation of the Cape Fear Regional
I Wastewater System shall be made in writing to each member of the
Board at the regular meetings. Such reports shall include
statements of revenues and expenditures, the operations status,
flow information and other pertinent data.
SBC~IO. XVII
General provisions
A. 'uccessors to toe Cou~v or tbe To~
In the event of any occurrence rendering the County
and/or the Town incapable of performing under this Agreement, any
successor of the County and/or the Town, whether the result of
legal process, assignment, or otherwise, shall succeed to the
rights of the County and/or Town hereunder. The covenants and
agreements contained in this Agreement are binding on the parties
hereto and their successors, assigns and legal representatives.
I B. Requlato~y Agencies
35
444
This Agreement is subject to such rules, regulations,
statutes and/or laws as may be applicable to such or similar
agreements in this State and the parties agree to collaborate when
necessary to obtain such permits, certifications, or the like, as
may be required to comply therewith. I
C. )(odificat.iJm
The provisions of this Agreement may be modified or
altered by mutual agreement, EXCEPT with regard to Section XVI when
any modification or alteration thereto shall be agreed upon by all
governmental units represented on said Regional Board. PROVIDED,
HOWEVER, that when applicable, prior to such modification or
alteration, approvals therefor will be obtained when necessary from
the appropriate Federal and/or State agencies. All modifications
or alterations shall be in writing, and presented to all other
units prior to any units' modifying their original Agreements.
D. ~uthoritv to Determine Certain Details
Whenever, in the course of performing the various terms
of this Agreement, it becomes necessary for the parties to make
determinations with respect to certain details not specifically
provided for herein, such as inspections, system testing or the
I
like, appropriate representatives of the parties may collaborate
and mutually agree upon such matters, without need for the
amendment or modification hereof.
E. ~ssignments
Unless specifically provided in this Agreement, it is
agreed that neither the County nor the Town may assign, transfer
and/or convey their respective rights and/or obligations hereunder
without the express written consent of the other.
F. ~oca~ Government Co~iss12n
Where applicable, with respect to this Agreement and the
construction of the Project, the Town and the County agree to
obtain the necessary approvals from the Local Government Commission
as are required thereby.
G. Ordinances
The Town covenants that prior to the commencement of the
transmission of wastewater into the Regional Interceptor Pipeline, I
it will adopt an Ordinance regulating the use of its sewerage
36
445
collection systems. Said Ordinance shall, among other things,
limit and/or prohibit (where appropriate) the discharge of
wastewater into the said sewerage collection systems where such
wastewater would, singly or by interaction with other wastewater,
cause harm or damage to, or interfere with the proper operation of
I the Regional System, and/or treatment process or cause adverse
effects upon the receiving waters from the Regional Treatment
Facility.
H. 'ot~
Any notice required to be given hereunder by the County
to the Town shall be made by the County in writing and mailed by
first class mail to the Town of Angier at the following address:
Post Office Box 278
Angier, North Carolina 27501
Any notice required to be given hereunder by the Town to the
County shall be made by the Town in writing and mailed by First
Class mail to the County Manager, Harnett County, at the following
address:
Post Office Box 759
Lillington, N. C. 27546
I I. Authority
The County and the Town represent and warrant, each to
the other, the existence of all capacity, authority, resolutions
and actions necessary to execute this Agreement.
J. Duplicate Agreements
This Agreement is executed in duplicate originals, one
of which is retained by each party hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be duly executed on the day and year written.
Executed by Town of Angier this ~ day of July, 1990.
Town of Angier
,~ i
:' If /)~ / ~
By '///,,-:/ /'/ ':;'Z/. ~1
/ Jack Marley, Mayor/
\,test:
I
,,~~ /h~
I J~n J. tthews, Clerk
37
446
Executed by the County of Harnett, this ill day of \l-rJ.~~j ,
1990. 1/. ()
COUNTY OF HARNETT -- ..
~.- ~,O~
By'- '.. ~ 0 rt,~ :'<),~
Bill Shaw, Vice-Chairman
Harnett County Board of I
Commissioners
1:st'
~ ~ yJ '--()(U~_.rt
Vanessa w. Young, ~rk
to the Board
NORTH CAROLINA
ACKNOWLEDGMENT
HARNETT COUNTY
I, a Notary Public of the County and State aforesaid, certify
that JACK MARLEY, who, being by me duly sworn, says that he is
Mayor of the Town of Angier and that Jean J. Matthews is Clerk of
sa~d Town, that the seal affixed to the foregoing and attested
instrument is the seal of said Town, and that said instrument was
signed by him as Mayor of said Town and by the Clerk of said Town,
who affixed the official seal of said Town to said instrument; and
that the said Jack Marley, Mayor, acknowledged said instrument to
be the act and deed of the Town of Angier.
Witness my hand and notarial seal, this the S day of July,
1990. \} ~ ~
~. 'In
V Nota y Public
My Commission Expires: ~. .2 tt I q q ~..- I
J
NORTH CAROLINA
agcN\J.,...&DG~
HARNETT COUNTY
I, a Notary Public of the County and State aforesaid, certify
that BILL SHAW, who, being by me duly sworn, says that he is Vice-
Chairman of the Board of Commissioners of Harnett County, and that
Vanessa W. Young is Clerk of said Board, that the seal affixed to
the foregoing and attested instrument is the seal of Harnett
County, North Carolina, and that said instrument was signed by him
as Vice-Chairman of the Board of Commissioners of said County and
by the Clerk of said Board, who affixed the official seal of
Harnett County to said instrument; and that the said Bill Shaw,
Vice-Chairman of the Board of Commissioners, acknowledged said
instrument to be the act and deed of Harnett County North Carolina.
Witness my hand and notarial se~ this the !,a day of July,
1990. b~ 4 ~
C} , Notary Public
My Commission Expires: - d8- 0; ~
I
38
447
DOCUMENT NO.9 i
NORTH CAROLINA
AGREJmENT
HARNETT COUNTY
THIS AGREEMENT is made and entered into this 2M! day of
I July, 1990 by and between the COUNTY OF HARNETT, a body politic
organized and existing under the laws of the State of North
Carolina (hereinafter sometimes referred to as the "County'. ) and
the BUIES CREEK-COATS WATER AND SEWER DISTRICT OF HARNETT COUNTY,
a county water and sewer district organized and existing pursuant
to the provisions of Article 6, Chapter 162A of the North Carolina
General Statutes (hereinafter sometimes referred to as the
"District") ;
WIT N E SSE T H :
THAT WHEREAS, the County has caused a Comprehensive Wastewater
Study to be conducted for the purpose of examining and analyzing
the wastewater facilities needs of Harnett County; and
WHEREAS, one of the results of that Study was the
identification of a need for a regional sewer collection and
treatment system to serve several local governmental units existing
in the central portion of Harnett County; and
I WHEREAS, in order to meet the demands of the existing and
future wastewater disposal needs as identified, the construction
of wastewater facility designated the Cape Fear
a system, as
Regional Wastewater System, has been recommended; and
WHEREAS, the County and the District previously entered into
an Agreement dated December 18, 1989 relative to the participation
by each in the construction and operation of said System; and
WHEREAS, due to certain changes in circumstances regarding
the system, it is now necessary to modify portions of the
referenced Agreement to such an extent that the County and the
District desire to restate their agreements as herein provided; and
WHEREAS, the current plans for the Cape Fear Regional
Wastewater System include the replacement of the existing waste
treatment facilities serving the Town of Angier and the Buies Creek
- Coats Water and Sewer District of Harnett County, the
I construction of a new regional wastewater treatment facility and
448
I
the construction of main interceptor pipelines to connect the above
named local governmental units to the new treatment facility; and
WHEREAS, in anticipation of the need for construction of
wastewater facilities in Harnett County, the Board of Commissioners
of Harnett County requested Federal and State assistance in funding I
the construction of the Cape Fear Regional Wastewater System; and
WHEREAS, pursuant to the North Carolina Clean Water Revolving
Loan and Grant Act of 1987 and the provisions of the Federal Water
Quality Act of 1987, the State of North Carolina, through its
Division of Environmental Management, Departmept of Environment,
Health and Natural Resources, advised the County that monies for
a loan to fund the costs of the Cape Fear Regional Wastewater
System have been reserved for Harnett County; and
WHEREAS, the County has determined that it desires to proceed
with the implementation, construction and eventual operation of the
Cape Fear Regional Wastewater System, and in connection therewith
has requested the District to enter into this agreement with the
County regarding the participation of the District in said System;
and
WHEREAS, the Board of Commissioners of the County of Harnett, I
sitting as the governing body of the Buies Creek-Coats Water and
Sewer District of Harnett County, has determined that the Cape Fear
Regional Wastewater System will be of great benefit to the health
and well being of the citizens of the District, and
WHEREAS, the District has therefore determined that it desires
to participate in the Cape Fear Regional Wastewater System; and
WHEREAS, pursuant to the provisions of Chapter 160A, Article
20, Part 1 of the North Carolina General Statutes entitled
"Inter10cal Cooperation, Joint Exercise of powers," the County and
the District desire to enter into this Agreement with respect to
the Cape Fear Regional Wastewater System setting forth the terms
and conditions of their mutual agreements regarding the same.
NOW, THEREFORE, in consideration of the mutual
representations, warranties, covenants and agreements herein
contained, and for good and valuable consideration, the receipt and
I
2
-------.----- - ----
449
i
sufficiency of which are hereby acknowledged, the County and the
District agree as follows:
SBCTIOIf I
Rescission of Prior Agree.en~
The County and the District hereby rescind and cancel that
I Agreement entered into between them dated December 18, 1989.
SBCTIOR II
D.fini~ions
The following definitions, designations and/or explanation of
terms shall be used for the purposes of this Agreement:
A. "Project" shall refer to the Cape Fear Regional
Wastewater System construction project.
B. "Regional Treatment Facility" shall refer to the
wastewater treatment and disposal facility to be constructed as
part of the Project, and thereafter owned, operated, managed and
maintained by the County, except as hereinafter set forth.
C. "Regional Interceptor Pipeline" shall refer to the
wastewater interceptor pipeline to be constructed and installed as
part of the Project which shall connect the existing system of the
I District to the wastewater interceptor pipeline (also to be
constructed and installed as part of the Project) which shall run
parallel to the Cape Fear River to the Regional Treatment Facility.
D. "Regional System" shall refer to the entire wastewater
collection, treatment and disposal system constructed and installed
pursuant to the Project, and shall include all lands required for
the installation of the same, together with continuous and adequate
easements and rights of way over other lands necessary to erect,
construct, install and lay and thereafter use, operate, inspect,
repair, replace, remove, change the size of such facilities as
named, and in addition shall include the Regional Treatment
Facility, the Regional Interceptor Pipeline and the District
Effluent Meter.
E. "District Effluent Meter" shall refer to that meter
facility and related appurtenances constructed or otherwise
I provided for as part of the Project to which wastewater from the
3
450
I
District shall be transmitted by the District and which shall
measure the quantity of wastewater being delivered by the District
into the Regional Interceptor Pipeline.
F. Any terminology referring to the existing collection
system of District shall mean that network of sewer collection I
pipelines, mains and/or related facilities composing the District's
sewer collection system as shall exist on the date the County
commences accepting wastewater from the District into the Regional
,
System.
G. "Funding Agency II shall refer to the Division of
Environmental Management, Department of Environment, Health and
Natural Resources of the State of North Carolina, or any successor
agency thereto.
H. "County Department of Public utilities" shall refer to
the Harnett County governmental department existing as of the date
of this Agreement which administers, operates, and otherwise
manages the public water and sewer systems owned and/or operated
by the County, and shall include any other successor department or
subdivision of the County which shall perform such functions.
I. Any terminology referring to the local governmental units
or entities involved with the Project shall refer to the District, I
the County, and the Town of Angier. A reference to the other local
governmental units or entities involved with the Project shall mean
the remainder of the above named local governmental entities not
specifically the subject of the particular provision within which
the reference is made.
J. "Regional Board" shall refer to the Cape Fear Regional
Wastewater Board as established in Section XV of this Agreement.
SECTION III
Term
This Agreement shall be a continuing contract relative to the
furnishing of essential wastewater treatment and disposal services
for the citizens of the District, and shall exist and continue
until the County and the District shall mutually modify or
terminate the same, BUT IN NO EVENT shall the same terminate until I
4
451
i
the loan (including principal and interest) described in Section
IV has been paid in full.
SBC~IO. IV
PUDdiDg AgeDCY aDd PUDds for CODstructioD
I A. lund1.ng Source -
The funds for construction of the Project are anticipated to
be supplied in the form of a loan made to the County pursuant to
the North Carolina Clean Water Revolving Loan and Grant Act of 1987
and the provisions of the Federal Water Quality Act of 1987 as
administered by the Division of Environmental Management,
Department of Environment, Health and Natural Resources of the
State of North Carolina. The terms of this Agreement are
conditioned upon the receipt of said loan and approvals required
therefor, and in the event said loan is not obtained by the County,
or the Regional System is otherwise not constructed, then the
County shall have no obligations hereunder to the District, and the
District except as provided in Section VII(E) hereof, shall have
no obligations hereunder to the County.
I B. Agree~t Subject to Reau~rements of Fundin9 Aqency
The County and District agree to comply with all the
conditions and requirements imposed by the Funding Agency, which
shall include, but not be limited to, the Revolving Loan
conditions, the establishment of pretreatment requirements, and the
adoption of appropriate sewer use ordinances and user charge
systems.
C. ~sttict to Act in Time~v Man~
When, . the of providing the various ordinances,
1.n course
information and/or other documents to the Funding Agency, the
County must obtain such items from the District prior to submission
to the Funding Agency, the District agrees to prepare, adopt and/or
otherwise provide the same to the County in a timely manner.
D. ~ Pa~t Sources
All funds paid by the County and the District as principal and
I interest on the aforementioned loan shall be derived only from
5
452
i
those sources specified by the Funding Agency.
SECTIO. V
Construction and ownership of Regional System
A. Countv Lead Aaencv I
The County shall be responsible for administering and
managing the construction and installation of the Regional System
and in connection therewith shall:
1. Cause the appropriate pre-construction studies to be
completed as are required by the Funding Agency and any other State
or Federal agencies.
2. Cause such funding and permit applications as may be
required to be completed and filed with the appropriate
Federal and State agencies.
3. Cause plans and specifications for the Regional
System to be completed in accordance with acceptable engineering
practices and procedures, and in compliance with applicable rules,
regulations and requirements of the Funding Agency and such other
State and Federal agencies as may be applicable. I
4. Obtain and acquire in its name 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 the Regional System.
5. Obtain and acquire in its name 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 or protect the Regional System
upon, along or across streets, roads, highways and public
utilities.
6. Obtain and acquire in its name such parcels of real
property as are necessary for the construction of the Regional
Treatment Facility, pump stations, and any other building or I
6
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.
,
structure required for the completion of the Regional System.
7. Cause the contract or contracts for construction and
installation of the Regional System to be advertised in accordance
with applicable law, and to thereafter award and enter into such
contract or contracts for said construction and installation as the
I County deems in the best interest of the Regional System. The
determination as to which bidder or bidders shall be awarded
contracts shall be made by the County.
8. Cause the installation and construction of the
Regional System to be supervised by qualified and competent
engineers.
9. Cause the District's existing sewerage collection
pipelines and/or force mains which now connect to the existing
County wastewater treatment facility near Buies Creek to be
disconnected therefrom and reconnected to the Regional Interceptor
Pipeline.
10. Provide for the termination of use of the County's
wastewater treatment facility near Buies Creek as is specified as
part of the Funding Agency loan package and/or provisions and
guidelines.
I 11. Provide for the administration of the construction
and installation of the Regional System and to provide for
inspection of the same.
12. Provide for the administration of the funds obtained
for the implementation, construction and installation of the
Regional System.
13. Otherwise, manage the implementation, construction
and installation of the Regional System.
B. OWnership of ReQional System
The Regional System shall be and remain the property of
the County, and the District shall have only that right, title or
interest as expressly provided in this Agreement. It is understood
that except as to the rights of the District expressly provided in
this Agreement, as owners of the Regional System, the County may
operate, maintain, manage, regulate and control the same, subject
I to the terms of this Agreement, and otherwise exercise with respect
7
454 i
thereto any rights, authorities or privileges it may be granted by
statute.
c. ~nt Coooeration
During the course of the implementation, design and
construction of the Regional System, the District and the County I
agree to collaborate and cooperate with respect to the gathering
of the documentation, data and/or other information necessary to
properly design and construct the Regional System. Additionally,
when requested by the County and/or the contractor(s) the District
agrees to cooperate with the said County and/or the contractor(s)
with respect to the testing of the Regional System,
and preparation for connection of the same to the existing
collection system of the District.
D. Convevance of Easements
The District agrees to convey to the County, without
charge, easements and rights of way over, upon and across
properties owned by the District when such easements and rights of
way are necessary to install and construct the Regional Interceptor
Pipeline, and/or otherwise necessary to connect the Regional
Interceptor Pipeline to the District Effluent Meter.
SBC~IOII VI I
Capac1~y Alloca~1oD8 1D Reg10Dal SY8~e.
A. Manner 0; E~oression
The allocations of capacity in the Regional System shall
be expressed in terms of treatment capacity in the Regional
Treatment Facility.
B. pi strict Allocatioq. The District shall have allocated
and reserved for treatment of its wastewater one-third (1/3) of the
permitted treatment capacity of the Regional Treatment Facility.
It is understood that the permitted capacity of the Regional
Treatment Facility is to be one million, five hundred thousand
(1,500,000) gallons per day, and that therefore, the allocation and
reservation herein made to the District equals five hundred
thousand (500,000) gallons per day.
B I
455
i
c. Remainin9 Allocatio~. The remaining two-third (2/3) of
the permitted treatment capacity of the Regional Treatment Facility
shall be allocated to the other local governmental unit involved
with the Project or retained by the County for its use.
D. ~dditional Permitted Caoacitx. Upon completion of the
I Regional Treatment Facility as currently planned, (a one million,
five hundred thousand gallons per day facility), should additional
permitted capacity be authorized therefrom, then one-third (1/3)
of such additional capacity shall be allocated and reserved for the
District.
SBCTIO. VII
Paya.n~ for Capacl~y Alloca~lon. in Regional Sy.~..
A. Loan Determination
The amount of the loan awarded for the construction and
installation of the Regional System shall be determined pursuant
to the directives of the Funding Agency. As soon as practicable
after final determination of the loan amount and related debt
instrument details, the County shall provide such information to
the District.
I B. Loan Payment Portion Pav~e bX-District
The District shall pay that portion of each and every
payment due on the loan obtained through the Funding Agency as
hereinafter provided:
1. The portion of each payment made by the District
shall equal the product of the total amount of the principal and/or
interest due for such payment multiplied by twenty-six percent
(26\>.
2. The portion of the payment to be made by District
shall be paid to the County at least fifteen (15) days prior to the
due date of the same.
3. It is understood that according to the Funding
Agency, principal payments will be made annually on or before May
1 of each year, and that all interest payments will be made
semiannually on or before May 1 and November 1 of each year. The
I portion of the payments to be made by District as herein provided
9
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456
i
shall apply to both the principal and interest and the interest
only payments due on the loan.
C. Remainder of Loan Pavrnents
The remaining portion of the loan payment for the
Regional System, that is, that portion not paid by District, shall I
be obtained by the County from the other governmental unit
participating in the Project, and/or supplied by the County.
D. Traqamission of Loan Pavrnent
The County shall be responsible for transmitting the loan
payments to the Funding Agency or other appropriate agency as
directed by the Funding Agency. County shall make said payments
on a timely basis and any penalty or late charges shall not be paid
by District, provided District has made its payment by the time
required in Section VII (B) (2).
E. Costs in Excess of Current Estimates
It is the understanding of the County and the District
that the current estimated Project cost is Seven Million
($7,000,000) Dollars. It is agreed that all efforts will be made
to keep the Project cost within said amount, and to reduce the same
if possible. The County and the District agree to collaborate with
regard to modifications necessary to bring the project cost within I
the current estimate. However, should the cost exceed the current
estimate, it is agreed that the District shall pay its share of
such excess cost in the same portion as set forth in Section
VII(B)(1) above.
Should circumstances arise where the District and/or the
County determine that continuation of the Project is not feasible,
upon the mutual agreement of the units participting therein, the
Project may be terminated: Upon such termination District agrees
to pay to County twenty-six percent (26%) of the costs incurred to
such date by the County with regard to the Project.
BEeTIO. VIII
Wastewater Trea~ent and Metering
A. Countv to rreat Dist{ict Wastewater
10 I
457
I
County agrees to treat at the Regional Treatment Facility
during the term of this Agreement or any renewal or extension
thereof, quantities of wastewater which flow through the District
Effluent Meter up to and including the maximum amount of Five
hundred thousand (500,000) gallons per day, which said maximum
I amount equals the allocation made and reserved for the District
herein. The wastewater shall be treated pursuant to those
standards specified by the applicable Federal and state agencies,
including, but not limited to, the standards of the Division of
Environmental Health of the North Carolina Department of
Environment, Health and Natural Resources. The County agrees to
continue treating wastewater from the District at the County
wastewater treatment facility near Buies Creek in accordance with
that Contract entered into between the County and the District
dated July 23, 1984 until such time as the use of said wastewater
treatment facility is terminated, and to thereafter provide for an
orderly transition of treatment services from said facility to the
Regional Treatment Facility.
B. ~strict iffluent Mete~
County agrees to furnish and install as part of the
I Project and thereafter operate and maintain at such point as is
designated by the engineers for the Regional System the necessary
metering equipment, including a meter house or pit, and the
required devices of standard type tor properly . the
measur1.ng
quantity of wastewater transmitted into the Regional Interceptor
Pipeline for treatment and to calibrate such metering equipment
whenever requested by District, but not more frequently than once
every twelve (12) months. However, the District may obtain
independent verification of the calibration of the metering
equipment. In this event, should the test result be deemed to be
accurate, (as hereinbelow stated), then the District shall pay the
costs of obtaining such test. If the test result is not deemed to
be accurate, (as hereinbelow stated), then the County shall pay the
costs of obtaining the test. A meter registering not more than two
(2\> percent above or below the test result shall be deemed to be
accurate. The previous readings of any meter disclosed by test to
I
11
458
,
be inaccurate shall be corrected for the three (3) months previous
to such test in accordance with the percentage of inaccuracy found
by such tests. If the meter fails to register for any period, the
amount of wastewater treated during such period shall be deemed to
be that amount of wastewater which equals the average monthly I
reading for the three (3) months previous to such failure, unless
County and District shall agree upon a different amount.
Appropriate officials of District shall have access to the meter
at all reasonable times in order to verify readings.
C. ~eter Readinsm
The District Effluent Meter shall be read by the County
on the first day of each month.
BEeTIO. IX
Op.ra~ioD aDd MaiD~eDaDce
of RegioDal Sys~em
A. MAnaaement of Reaional Svstem
Except as otherwise set forth in this Agreement, the
Regional System shall be managed, operated, and maintained by the
County through its Department of Public Utilities, as a County I
operated public enterprise, and in connection therewith the County
shall:
1. Formulate and thereafter maintain proper accounting
procedures with respect to the Regional System in accordance with
the North Carolina Local Government Budget and Fiscal Control Act
as set forth in Article 3, Chapter 159 of the North Carolina
General Statutes.
2. Operate and maintain the Regional System on an annual
budget, which budget shall be formulated and maintained in
accordance with the North Carolina Local Government Budget and
Fiscal Control Act as set forth in Article 3, Chapter 159 of the
North Carolina General Statutes.
3. Contract with a certified public accountant for
annual audits of the Department of Public utilities and the
Regional System accounting procedures and records. I
12
459
4. Obtain, and thereafter maintain, insurance and bonds
,
as required by State law.
5. Comply with all Federal, State, and Local laws and
regulations relative to the management, operations and maintenance
of the Regional System.
I 6. Invoke moratoriums in accordance with Section IX (G)
hereof to prevent the addition of wastewater customers to the
Regional System and/or the increase in wastewater flow into the
Regional System so as to protect the allocation in the Regional
System reserved for the District herein.
7. Invoke surcharges in accordance with Section IX (F)
hereof upon the local governmental units involved with the Project,
in the event such units exceed their maximum flow input amounts
(reserved allocations) into the Regional System.
8. Report to the District on a monthly basis, or upon
request, with respect to wastewater flow from all the units
involved with the Project and other matters as are appropriate.
9. Otherwise, provide for the orderly and efficient
management, operation, and maintenance of the Regional System.
B. O~erations and Maintenance Expense Provided bv District
I 1. The District shall, on a monthly basis, provide that
portion of the costs incurred for Operations and Maintenance of the
Regional System as is described herein. Said monthly cost shall
be based upon a Bulk Municipal Sewer Rate as hereinafter
formulated.
2. The portion of the costs incurred for Operations and
Maintenance of the Regional System to be provided by District shall
be that amount of money which equals the product of the Bulk
Municipal Sewer Rate multiplied by the number of gallons of
wastewater transmitted into the Regional Interceptor Pipeline as
measured through the District Effluent Meter.
3. The Bulk Municipal Sewer Rate (hereafter "Bulk
Rate" ) shall be the Operations and Maintenance expense of the
Regional System expressed in cost per one thousand (1000) gallons
of wastewater treated. The Bulk Rate shall be determined on an
I annual cycle, and shall be based upon demonstrable expenditures for
13
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460
,
the operations and maintenance of the Regional System as indicated
on the accounting records for the Regional System, together with
anticipated increases or decreases in the same. The Bulk Rate
shall be determined as follows:
(a) The total amount of Operations and Maintenance I
costs incurred by the County during a fiscal year shall be
calculated.
(b) Such total amount of Operations and Maintenance
costs shall then be divided by the number of gallons of wastewater
treated at the Regional Treatment facility during the corresponding
fiscal year. The per gallon cost thereupon derived shall be
multiplied by one thousand (1000) to determine actual cost per one
thousand (1000) gallons.
(c) The actual cost per one thousand (1000) gallons
shall thereupon be adjusted to reflect projected and anticipated
increases or decreases in the Operations and Maintenance expenses
reasonably expected to be incurred by the County in the forthcoming
rate period.
(d) The actual cost per one thousand (1000) gallons
adjusted as provided in (c) above shall be the Bulk Rate for the
next fiscal year. I
4. Prior to the adoption of a bulk rate, the County
shall seek the advice and recommendations of the Regional Board
with respect thereto, and shall provide documentation to the
Regional Board to support its conclusions and opinions regarding
the same.
5. On or before April 1 of each year, the County shall
advise the District of an estimate of the bulk rate it intends to
adopt and shall adopt such rate on or before May 1 of each year.
6. The District shall be furnished by the County, not;.
later than the tenth (10th) day of each month, an itemized
statement or bill (including the amount of wastewater treated, the
rate and the amount due) for the amount of wastewater transmitted
into the Regional Interceptor Pipeline through the District
Effluent Meter during the preceding month, as established by the
meter readings made on the first day of each month. I
14
461
,
7. The District shall pay to the County the amount
billed to them by the County on or before the twentieth (20th) day
of the month in which the bill is rendered.
C. irocedYres ~ to Im2Jem~ntation of Annual C~
1- The Bulk Municipal Sewer Rate, prior to the
I implementation of the Annual Cyclical Procedures outlined in
Section B above, shall be determined as follows:
(a) During the period beginning on the date the
County commences accepting wastewater from the District into the
Regional System and continuing through the end of the fiscal year
following the fiscal year during which wastewater is first
accepted, the Bulk Municipal Sewer Rate shall be based upon
estimated Operations and Maintenance expenses of the Regional
System as determined by the County and the Project engineers.
(b) During the first year in which the Annual
Cyclical Procedures are implemented, the Bulk Municipal Sewer Rate
shall be based upon demonstrable expenditures for the operations
and maintenance of the Regional System as indicated on the
accounting records for the Regional System made during the first
fiscal year of its operation (that period beginning on the date the
I County commences accepting wastewater from the District into the
Regional System and continuing through the end of the same fiscal
year) , together with projected and anticipated increases or
decreases in the operations and maintenance expenses reasonably
expected to be incurred by the County in the forthcoming rate
period.
2. The first billing to the District shall be made not
later than the tenth (10th) day of the month following the month
during which the County commences accepting wastewater from the
District.
3. All other procedures provided in Section B above
shall be utilized in the calculating of the monthly bill to be
rendered to and paid by District.
D. System Failure
The County will, at all times, operate and maintain the
I Regional System in an efficient manner and will take such action
15
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462
,
as may be necessary to furnish sewer services to the District.
Temporary or partial system failures shall be remedied with all
possible dispatch. Any reduction in services to the District shall
be reduced or diminished in the same ratio or proportion as the
same is reduced or diminished with respect to the other local I
governmental units involved in the Project. Emergency failures
caused by main pipeline breaks, power failure, flood, fire,
earthquake, or other catastrophe shall excuse the County from the
obligation to provide sewer services to the District for such
reasonable period of time as may be necessary to restore service.
E. ]ndemqification of ~istrict
The County shall and hereby does indemnify and hold
harmless the District from and against all costs, loss, expenses,
(including attorney's fees), claims,suits and judgments whatsoever
in connection with any and all liability arising out of any error
or omission made or caused by the County and/or its officers,
agents and employees in connection with any of the Regional System
operated by the County.
F. Surcharqes
1. Invoking Surcharges. The County shall invoke
surcharges upon the local governmental units involved with the I
Project when such units:
(a) Discharge into the Regional System a quantity
of wastewater which exceeds such units maximum flow input amounts
(reserved allocations), hereinafter referred to as It excess use
surcharges" or
(b) Discharge into the Regional System wastewater
which violates the regulations of the applicable federal, state,
and/or local governments and/or agencies, hereinafter referred to
as Itviolation caused surcharges. It
2. Excess Use Surcharges. The procedures for
processing excess use surcharges shall be as follows:
(a) Such surcharges shall be imposed and calculated
based on each monthly meter reading period.
(b) The surcharges shall be invoked effective the
monthly meter reading period during which the excess use first I
16
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463
,
occurs and shall continue until such use is ended.
(c) The amount of the surcharge shall be calculated
based upon the surcharge as set by the Regional Board.
(d) Surcharges shall be payable twice a year, on
or before May 1 and November 1. Such surcharges shall be
I distributed as provided in Section 3 below.
3. Distribution of Excess Use Surcharges. Surcharges
imposed and collected by reason of excessive discharges shall be
applied and/or used in accordance with a policy or policies to be
adopted by the Regional Board. Prior to adoption of such policy
or policies, the Regional Board shall consider the advise of
engineers regarding the same and shall investigate other policies
of surcharge use as adopted by other units of local government.
4. Violation Caused Surcharges. The procedures for
processing surcharges invoked by reason of violations shall be as
follows:
(a) The amount of the surcharge shall be calculated
based upon the surcharge as set by the Regional Board and based on
the strength of the waste being received above the average domestic
waste concentrations as may be defined by law.
I (b) The surcharge shall be added to the Operation
and Maintenance costs billed to the local governmental unit
involved with the Project upon which the surcharge has been
invoked.
(c) The surcharges shall be invoked effective the
monthly meter reading period during which the violation first
occurs and shall continue until such violation is remedied.
(d) The surcharges shall be placed into the
Operations and Maintenance budget of the Regional System.
G. ~oratorJ.ums
The County shall invoke moratoriums upon the local
governmental units involved with the Project when such units:
1. Discharge into the Regional System for a period of
four (4) out of six (6) consecutive calendar months a quantity of
wastewater which exceeds such unit's maximum flow input amounts
I (reserved allocations); or
17
464
,
2. Discharge into the Regional System wastewater which
violates the regulations of the applicable federal, state and/or
local governments and/or agencies and such entities do not promptly
act to remedy such violations.
A moratorium as provided herein shall mean a suspension I
of the issuance of all building permits for the unit. The
moratorium shall remain in effect until the condition causing the
same has been resolved satisfactory to the County.
SBCTIOR X
Regional Sys~.a Dis~inc~ Froa Dis~ric~ Sys~..
It is understood that the Regional System shall be distinct
and separate from the existing system of the District. As such,
except as expressly provided in this Agreement, the County may,
with respect to the Regional System:
A. Operate, maintain, manage, regulate and control the
Regional System;
B. Establish and set all rates, fees, and other charges
applicable thereto;
C. Adopt such ordinances, rules, regulations and other
procedures as it deems appropriate therefor; I
D. Collect and retain revenues and other monies obtained in
the operation of the same; and
E. Otherwise, exercise with respect thereto any and all
rights, authorities or privileges it may be or has been granted by
law.
SBCTIOR XI
Bxis~iDg Collec~ioD Systea of District
A. Ownershio
The existing collection system of the District shall be
and remain the sole property of the District.
B. ODerations anq ~ai~t~UAP.Q~ ~UQ ~,~t~Q Matte~
It is acknowledged that the County and the District have
previously entered into a Contract dated July 23, 1984 relative to I
18
465
the operation of the existing collection system of the District.
Pursuant thereto, the County shall be responsible for the following
matters regarding the District's existing collection system:
1. Operation, management and maintenance thereof;
2. Establishment and setting of all rates, fees, and
I other charges for sewer connections and services provided
therefrom;
3. Billing and collection of all such rates, fees and
other charges;
4. Administrative, legal, and other costs associated
therewith.
SBCTIOR XII
CertaiD BxpaD8ioDs aelated to the District
A. E~ansions to Col1ecti2n S~tem of Dist{ict-Couutl
Nonparticipant;
1. Applicability. The provisions of this subsection
shall apply . the event collection pipelines, force
.l.n sewerage
mains, and/or related facilities are constructed such that effluent
therefrom shall flow through the District Effluent Meter, and the
same have been either:
I (a) constructed or caused to be constructed solely
by the District, OR
(b) constructed by firm, or entity
some person,
other than the County, and accepted by the
District as part of its collection system.
2. Ownership. Sewerage collection pipelines, force
mains and/or related facilities as identified in subsection A(I)
above shall be and remain the sole property of the District.
3. Operations, Maintenance and Related Matters. With
respect to any sewerage collection pipelines, force mains, and/or
related facilities as identified in subsection A (1 ) above, the
terms of that Contract previously entered into between the County
and the District dated July 23, 1984 shall control with regard to
the fallowing matters:
I 19
466
a. Operation and maintenance thereof;
b. Rates, fees, and other charges applicable
thereto;
c. Responsibility for billings and collections
related thereto; and I
d. Responsibility for administrative expenses
regarding the sarne.
B. ExDansio~s for Bene~it 0f D~~tri~~-G9~ntv ~onDarticioant
1. Applicability. The provisions of this subsection
shall apply to sewerage collection pipelines, force mains, and/or
related facilities to be constructed such that effluent therefrom
shall not flow through the District Effluent Meter, but shall flow
otherwise into the Regional Interceptor Pipeline, and the sarne are
to be either:
(a) constructed or caused constructed solely by the
District, OR
(b) constructed by some person, firm, or entity
other than the County and the areas serviced
therefrom are to be incorporated into the
boundaries of the District.
2. Connection Subject to County Approval. Any sewerage I
collection pipeline, force mains, and/or related facilities
identified in subsection B(1) above shall not be connected to the
Regional Interceptor Pipeline or any other pipeline or main owned
by the County until such connection is approved in writing by the
County.
3. Ownership. Any sewerage collection pipelines, force
mains, and/or related facilities identified in subsection B(1)
above shall be and remain the sole property of the District.
4. Provisions Subject to Mutual Agreement. wi th respect
to any sewerage collection pipelines, force mains, and/or related
facilities identified in subsection B(1) above, it is agreed that
County and District shall collaborate, and prior to construction
of the sarne, agree to provisions with respect thereto regarding
the following:
I
20
467
(a) Metering of effluent transmitted therefrom,
(b) Operation and maintenance thereof,
(C) Rates, fees, and other charges applicable
thereto,
(d) Responsibility for billings and collections
I related thereto; and
(e) Responsibility for administration expenses
regarding the same.
C. County Expansions to Colle~tion System of Dist~
1. Applicability. The provisions of this subsection
shall apply to sewerage collection pipelines, force mains and/or
related facilities to be constructed outside the boundaries of the
District and such that effluent therefrom shall flow through the
District Effluent Meter and the same are to be either:
(a) constructed or caused to be constructed solely
by the County, or
(b) constructed by some person, firm or entity
other than the District and are to be accepted
by the County as part of its collection system.
2. Connection Subject to District Approval. Any
I sewerage collection pipelines, force mains and/or related
facilities identified in subsection C(1) above shall not be
connected to the existing collection system of the District or any
system identified in subsection A(1) hereof until such connection
is approved in writing by the District.
3. Ownership. Any sewerage collection pipeline, force
mains and/or related facilities identified in subsection C(l) above
shall be and remain the sole property of the County.
4. Provisions Subject to Mutual Agreement. With
respect to any sewerage collection pipelines, force mains and/or
related facilities identified in subsection C(1) above, it .
J.s
agreed that County and District shall collaborate, and prior to
construction of the same, agree as to provisions with respect
thereto regarding the fOllowing:
(a) Metering of effluent transmitted therefrom,
I (b) Operation and maintenance thereof,
21
468
(c) Rates, fees and other charges applicable
thereto,
(d) Responsibility for billings and collections
related thereto; and
(e) Responsibility for administrative expenses I
regarding the same.
. D. CQuntv "~D~~~~qn~ ~n Vicinity o~ District
1. Applicability. The provisions of this subsection
shall apply to sewerage collection pipelines, force mains and/or
related facilities constructed such that effluent therefrom shall
not flow through the District Effluent Meter, but shall flow
otherwise into the Regional Interceptor Pipeline, and the same has
been either:
(a) constructed or caused to be constructed solely
by the County, or
(b) constructed by some person, firm or entity
other than the District, and accepted by the
County as part of its collection system.
2. Ownership. Sewerage collection pipelines, force
mains and/or related facilities as identified in subsection 0(1)
above shall be and remain the sole property of the County. I
3. Operation and Maintenance. The County shall be
solely responsible for the operation and maintenance of any
sewerage collection pipelines, force mains and/or related
facilities as identified in subsection 0(1) above.
4. Rates, Fees and Other Charges. The County shall
establish and set all rates, fees and other charges for sewer
connections and services provided from any sewerage collection
pipeline, force mains and/or related facilities as identified in
subsection 0(1) above.
5. Billing and Collections. The County shall be
responsible for billing all sewer service customers served by
sewerage collection pipelines, force mains and/or related
facilities as identified in subsection 0(1) above. All costs
related to billing and collection shall be paid by County.
22 I
469
6. Administrative Expenses. The County shall be
responsible for all administrative, legal and other costs
associated with any sewerage collection pipelines, force mains
and/or related facilities as identified in subsection 0(1) above.
E. E~ansions Resultina f~om Joint Coooeration of Dist~
I and Countv/Ot~er E~Dansions Not Identified
.
1. Applicability. The provisions of this subsection
shall apply to sewerage collection pipelines, force mains and/or
related facilities constructed or caused to be constructed as a
result of a joint effort of the County and District or planned or
caused to be constructed pursuant to some other plan not identified
herein.
2. Provisions Subject to Mutual Agreement. with
respect to any sewerage collection pipelines, force mains and/or
related facilities as identified in subsection E(l) above, it is
agreed that County and District shall collaborate and, prior to
construction of the same, agree as to provisions with respect
thereto regarding the following:
(a) OWnership thereof,
(b) Metering of effluent transmitted therefrom,
I (c) Operation and maintenance thereof,
(d) Responsibility for establishment of rates, fees
and other charges applicable thereto,
(e) Responsibility for billings and collections
related thereto, and
(f) Responsibility for administrative expenses
regarding the same.
SBCTIOR XIII
Expansion of Regional System
A. Section ~plicabilit~
The provisions of this Section shall apply in the event
one or more of the following circumstances should arise:
1. The District determines that it desires additional
I wastewater treatment plant capacity such that an expansion must be
23
~:.~,,,,,,,.,,._~,.......,..._ ~_' .-~'_C ,.-- :': ",-.:;'.",,;,'" 7"'!.'::"','T"""7':"IJ"'C "'~..~_::::)~'i:::~.-"::'-:':"-'~~~.'c:~~"'!':"""r.'"'--_>:'".~:~o:?-- .... ....-..--..--
470
made to the Regional Treatment Facility to obtain such additional
capacity.
2. The County determines that it desires additional
wastewater treatment plant capacity such that an expansion must be
made to the Regional Treatment Facility to obtain such additional I
.-- " ,.--"~-~...,.,,-~,--.,.,..~ .~""...
capacity.
3. A determination is made that wastewater flow from
the District into the Regional Interceptor Pipeline has increased
or is anticipated to increase to such extent that the Regional
Interceptor Pipeline must be upgraded, expanded, and/or enlarged
to meet the flow requirements of the District.
4. The County determines that it desires to upgrade,
expand, and/or enlarge one of the main interceptor pipelines
constructed as part of the Project.
5. The County determines that it desires to provide
wastewater treatment services to other local governmental units not
involved with the Project.
B. ,Neaative Imoacts,
With respect to the implementation of any expansion to
the Regional System as described in this Section, a-negative impact
shall be deemed to result from the same, if it is reasonably I
expected to cause:
1. Additional debt service costs to be incurred by the
local governmental unit or units not participating therein; or
2. A reduction or diminution in services to any or all
the local governmental units involved in the Project; or
3. Addi tional Operations and Maint,ena.nc~ _. costs to be
incurred by the local governmental unit or units not participating
therein.
C. ,Procedure
In the event the County and/or the District desire to
implement an expansion as described in this Section, then the
following procedures shall be utilized:
1. The County and/or the District shall cause
appropriate investigations, studies, and/or evaluations to be
conducted to determine whether or not negative impacts will result I
24
,p '-,.,-'--~ y.-- -.,''''-,. ..- . '""
..__.__.~_ ~--'~'-''''-''.r'~ - ..,- v' -.-or ~7
471
from the desired expansion.
2. In the event a determination is made that negative
impacts will result from the expansion, the County and/or the
District will formulate actions to be put into effect with the
implementation of the expansion which will remedy the effect of
I such negative impacts.
3. The County and/or the District shall present any
proposal relat! ve to the implementation of expansion to the
an
Regional Board. Such proposal shall include such documentation as
will reasonably support its conclusions and opinions relative to
negative impacts. - . -
4. The County and/or the District shall cooperate with
the Regional Board as said Board carries out its functions as set
forth in Section XV of this Agreement.
5. Upon approval of the proposed expansion by the
Regional Board, the party or parties involved shall be authorized
to implement the proposed expansion.
D. Additional Procedure Autho~ed for Benefit of co~
In the event that the Regional Board does not approve an
expansion desired by the County, and/or fails to carry out its
I duties with respect to making its decision regarding such expansion
in a timely manner, then it is understood that the County may
proceed to implement an expansion if the expansion is reasonably
expected to cause no negative impacts on the local governmental
unit or units not involved in the expansion; or, those negative
impacts reasonably expected to result from the expansion have been
or will be, upon implementation of the expansion, remedied by the
County. Such expansion as is herein authorized may be jointly
implemented by the County and the other local governmental unit
involved . the Project. It is agreed that wastewater
J.n any
treatment plant capacity and/or any interceptor line capacity
resulting pursuant to such expansion shall be allocated
to the County and, if applicable, the other local governmental
unit involved with said expansion.
I 25
,. :;" -...;....:-:-
472
E. AdditiQ~~l ~~og~ctYr~ ~Mthorize~ for ~~n~fit of District
In the event that the Regional Board does not approve an
expansion desired by the District, and/or fails to carry out its
duties with respect to making its decision regarding such expansion
in a timely manner, then it is understood that the District may I
proceed to implement an expansion if the expansion is reasonably
expected to cause no negative impacts on the local governmental
unit or units not involved in the expansion; or, those negative
impacts reasonably expected to result from the expansion have been
or will be, upon implementation of the expansion, remedied by the
District. Such expansion as is herein authorized may be jointly
implemented by the District and the other local governmental
units involved in the Project.
PROVIDED, HOWEVER, that should the District determine to
proceed as provided hereunder, that it shall do so under the
following terms and conditions:
1. The District shall employ consulting engineers,
acceptable to and approved by County, to design the desired
expansion. Upon completion, the plans and specifications for the
expansion shall be presented to the County for review and approval.
The County shall approve such plans and specifications unless good I
cause exists to disapprove the same. The County agrees to not
unreasonably withhold approval of such plans and specifications.
2. The County, as operator of the Regional System,
shall collaborate and cooperate wi th the District in order to
obtain the necessary permits from the applicable federal, state
and/or local governments and/or agencies so as to proceed with
construction of the expansion.
3. The County, as operator of the Regional System, and
the District shall make provision for the joint submission of the
expansion project for bids. The contract or contracts for
construction shall thereafter be awarded according to law. The
decision as to which bid or bids to accept or any decision to rebid
the project shall be made by the District.
4. During construction it is agreed that the County
shall be authorized to inspect and observe the construction process I
26
~ --- ,.-. - -----,""-"' <<'~ . - - ~
'"
473
so as to insure the acceptable completion of the expansion.
s. All costs associated with the expansion shall be
paid by the District. Administrative costs incurred by the County
shall be paid by the District to the County upon billing by the
County. Costs of design, construction observation and other
I engineering services shall be paid directly by the District to the
engineer. In the event it is necessary for the County to enter
into contracts for the construction of the expansion (for the
benefit of the District) costs incurred pursuant to such contracts
shall be paid by the District over the course of the construction
period within ten (10) days after submission of periodic pay
estimates [as issued by the contractor(s) and/or engineer).
6. It is agreed that any wastewater treatment plant
capacity and/or any interceptor line capacity resulting pursuant
to the above described procedure shall be allocated to and owned
by the District.
7. As set forth in this proviso, the term District
shall include, if applicable, the other local governmental unit
involved with said expansion.
I SBCTIOR IX
Sale of Capacity Allocationa in Regional Syat..
A. Section ~plicability
The provisions of this Section shall apply in the event
one or more of the following circumstances should arise:
1. The District determines that it desires to sell all
or a portion of its capacity allocation in the Regional System to
one or more of the other local governmental units involved with
the Project.
2. The District determines that it desires to purchase
all or a portion of the capacity allocation in the Regional System
held by one or more of the other local governmental units involved
with the Project.
3. The County determines that it desires to sell all
or a portion of its capacity allocation in the Regional System to
I 27
~.- ....~"----.,----.----
474
one or more of the other local governmental units involved with
the Project.
4. The County determines that it desires to purchase
all or a portion of the capacity allocation in the Regional System
held by one or more of the other local governmental units involved I
with the Project.
B. Neoative ImPact
with respect to the purchase and/or sale of capacity
allocations in the Regional System as described in this Section,
a negative impact shall be deemed to result from a purchase and/or
sale if such purchase and/or sale is reasonably expected to cause:
1. Additional debt service costs to be incurred by the
local governmental unit or units not parties to the purchase and/or
sale; or
2. A reduction or diminution in services to any or all
the local governmental units involved in the Project; or
3. Additional Operations and Maintenance costs to be
incurred by the local governmental unit or units not parties to
the purchase and/or sale.
C. )?rocedurQ
In the event the County and/or the District desire to I
purchase and/or sell capacity allocations in the Regional System
as described in this Section, then the following procedures shall
be utilized:
1. The County and/or the District shall cause
appropriate investigations, studies and/or evaluations to be
conducted to determine whether or not negative impacts will result
from the purchase and/or sale.
2. In the event a determination is made that negative
impacts will result from the purchase and/or sale, the County
and/or the District will formulate actions to be put into effect
together with the purchase and/or sale which will remedy the effect
of such negative impacts.
3. The County and/or the District shall present any
proposal relative to the purchase and/or sale of capacity
allocations in the Regional System to the Regional Board. Such I
28
.
475
proposal shall include such documentation as will reasonably
.
support its conclusions and opinions relative to negative impacts.
4. The County and/or the District shall cooperate with
the Regional Board as said Board carries out its functions as set
forth in Section XV of this Agreement.
I 5. Upon approval of the proposed purchase and/or sale
by the Regional Board, the parties involved shall be authorized to
complete said purchase and/or sale.
D. Additional Procedure Authorized for Benefit of County
In the event that the Regional Board does not approve a
proposal made by the County to purchase and/or sell capacity
allocations in the Regional System, and/or fails to carry out its
duties with respect to making its decision regarding such purchase
and/or sale in a timely manner, then it is understood that the
County may proceed to consummate the proposed purchase and/or sale
if the purchase and/or sale is reasonably expected to cause no
negative impacts on the local governmental unit or units not
involved in the purchase and/or sale or, those negative impacts
reasonably expected to result from the purchase and/or sale have
been or will be, upon consummation of the purchase and/or sale,
I remedied by the County.
E. Additional Procedure Authorized for Benefit of District
In the event that the Regional Board does not approve a
proposal made by the District to purchase and/or sell capacity
allocations in the Regional System, and/or fails to carry out its
duties with respect to making its decision regarding such purchase
and/or sale in a timely manner, then it is understood that the
District may proceed to consummate the proposed purchase and/or
sale if the purchase and/or sale is reasonably expected to cause
no negative impacts on the local governmental unit or units not
involved in the purchase and/or sale or, those negative impacts
reasonably expected to result from the purchase and/or sale have
been or will be, upon consummation of the purchase and/or sale,
remedied by the Town.
PROVIDED HOWEVER, that should the District consummate a
I sale of all or a portion of its capacity allocation in the Regional
29
;- u_ ..,
476
System to another local governmental unit involved in the Project,
the District shall be and remain liable to the County hereunder for
the District's portion of the costs of the Regional System.
AND FURTHER PROVIDED, that should a purchase and/or sale
as provided hereunder cause any modification to be made to the I
Regional System, then, such modification shall be completed upon
the following terms and conditions:
,
1. The District shall employ consulting engineers
acceptable to and approved by County, to design the desired
modification. Upon completion; the plans and specifications for
the modification shall be presented to the County for review and
approval. The County shall approve such plans and specifications
unless good cause exists to disapprove the same. The County agrees
to not unreasonably withhold approval of such plans and
specifications.
2. The county, as operator of the Regional System,
shall collaborate and cooperate with the District in order to
obtain the necessary permits from the applicable federal, state
and/or local governments and/or agencies so as to proceed with
construction of the modification.
3. The County, as operator of the Regional System, and I
the District shall make provision for the joint submission of the
modification project for bids. The contract or contracts for
construction shall thereafter be awarded according to law. The
decision as to which bid or bids to accept or any decision to rebid
the project shall be made by the District.
4. During construction it is agreed that the County
shall be authorized to inspect and observe the construction process
so as to insure the acceptable completion of the modification.
s. All costs associated with the modification shall be
paid by the District. Administrative costs incurred by the County
shall be paid by the District to the County upon billing by the
County. Costs of design, construction observation and other
engineering services shall be paid directly by the District to the
engineer. In the event it is necessary for the County to enter
into contracts for the construction of the modification (for the I
30
- ._~,_.. _.~-,...~-
477
benefit of the District) costs incurred pursuant to such contracts'
shall be paid by the District over the course of the construction
period within ten (10) days after submission of periodic pay
estimates [as issued by the contractor(s) and/or engineer].
I 8.~IO. XV
Cape P.ar ..,10881 Wa.~.wa~.r Board
A. Creation
The County and the District agree to cooperate and
participate in the previously established Cape Fear Regional
Wastewater Board (hereinafter sometimes referred to as the
-Regional Board - ) in accordance with the provisions of this
Section. It is acknowledged that the County has entered into
Agreements with the other local governmental unit involved with
the Project and that such Agreement contains a Section regarding
the Regional Board which is in substance identical to this Section.
It is understood that the District and the County hereby agree that
they shall abide by those provisions of this Agreement concerning
the Regional Board as the same apply to the other local
governmental units involved with the Project.
I B. Purpose of Regional Board
It is the desire of the local governmental units involved
with the Project to create the Regional Board for the following
purposes:
1. To create a forum where the concerns and desires of
such units may be freely and openly discussed so as to insure that
all units will be made aware of the status of all aspects of the
Regional System and its operation.
2. To promote cooperation between such units.
3. To insure that all such units will be provided an
opportunity to make suggestions and comments relative to the status
of the Regional System and its operation.
4. To review proposals to modify the existing status
of the Regional System and its operation.
I 31
--------.---
478
5. To review proposals to expand the Regional System
and to promote agreement and cooperation between such units with
respect thereto.
6. To carry out and implement its duties and
authorities set forth in this Agreement. I
C. Membership
Two members of the Regional Board shall be appointed by
each local governmental unit involved with the Project, one of
which shall be a member of the governing body of the unit
appointing such members. The members of the Regional Board shall
serve at the pleasure of the Board appointing them.
D. Initial Appointment
It is acknowledted that the members of the Regional Board
have been previously appointed pursuant to the referenced Agreement
of December 18, 1989. It is agreed said appointments shall remain
in effect.
E. }leet1.ng:g,
Regular meetings of the Regional Board shall be held on
the fourth Tuesday of the first month in each calendar quarter of I
the year at 7:00 o'clock p.m., and at such other times as requested
by any unit represented on said Board. The Board shall meet in
the Conference Room of the Northeast Metropolitan Water Plant
Facility located on West Duncan Street in Lillington, North
Carolina, or such other place as the Regional Board directs.
F. Vot1n.g
Each member of the Regional Board shall be entitled to
one vote on each issue coming before the Board.
G. Officers
At the first meeting of the Regional Board each calendar
year, the Regional Board shall elect from its membership a Chairman
and a Vice-Chairman. The fact that a Board member shall be elected
to either office shall have no effect upon the voting rights of
that member or of the unit such member represents. I
32
H. Qoeratino Procedures 479
The proceedings of the Regional Board shall be conducted
in accordance with the most recent edition of Robert's Rules of
Order, except where the provisions of this Agreement provide
otherwise.
I. Duties of Regional Board Regardin9 Purchase/Sale of
I Regional Svste~ Capacity Allocations and Reqional Syst~
E~ansions
1. Statement of Intent. It is the intent of the local
governmental units involved with the Project to provide, through
the Regional Board, a forum for discussion, review and approval of
any proposal to purchase and lor sell capacity allocations in the
Regional System or to expand the Regional System. In connection
therewith , the Board shall not unreasonably withhold approval of
such proposal, but rather shall be required to approve the same ,
unless good cause shall be shown not to do so. Additionally, the
Board shall use its best efforts to promote cooperation and
agreement between the several units involved with the Project with
respect to such proposals.
2. Procedure. At such time as one or more of the local
governmental units involved with the Project present a proposal to
I the Board to implement an expansion as provided in Section XIII of
this Agreement and/or a proposal to purchase and/or sell Regional
System capacity allocations as provided in Section XIV of this
Agreement the Regional Board shall:
(a) Discuss and evaluate the proposal presented
and explore the possibility of formulating an agreement between
all the local governmental units involved with the Project to
achieve a mutually beneficial result for all such units.
(b) Discuss and evaluate the conclusions and
opinions of the proposing unit or units with regard to negative
impacts of the proposal and, if applicable, the plans of such
proposing unit or units to remedy negative impacts.
(c) In the event of disagreement, offer comments
and suggestions with regard to terms and conditions to be
implemented as part of the proposal which will remedy negative
impacts.
I
33
~ -
480 (d) In the event of disagreement, require the
disagreeing unit or units or the Board members representing the
same to provide appropriate documentation and/or data to support
its or their respective position concerning the disagreement.
(e) Upon satisfactory determination of no negative
impacts or substantiated reasonable plans to remedy negative
impacts, approve the proposal presented. I
J. I2Yt.i e s oLRAaional Board Reaarding Establishment of
Surcharge Amount
Prior to the time any of the local governmental units
involved with the Project commence obtaining services from the
Regional System, the Regional Board shall set the amount of the
surcharges to be invoked pursuant to Section IX (F) hereof. Said
surcharge amount shall thereafter be set on a yearly basis at the
first meeting of each calendar year.
K. Other Duties of Re~l Boa~
In addition to the other duties of the Regional Board as
set forth in this Agreement, the Regional Board shall advise the
County on the various aspects of operation and maintenance of the
Regional System.
L. Administration of Regional Board
The County shall provide for the administration of the I
Regional Board, and in connection therewith:
1. Designates the Director Head of the County
or
Department of Public Utilities as the coordinator of the Regional
Board. In such capacity, the Director shall coordinate meetings
of the Regional Board, provide such administrative staffing as may
be required therefor and to do such other acts, in keeping with
the purposes of the Regional Board, as the Board requests.
2. Shall provide the designated meeting place for the
Board.
3. Shall provide for such administrative personnel as
may be required by the Regional Board to carry out its functions.
M. ~eDoTts to tbA-Reaional Boa~
Reports regarding the operation of the Cape Fear Regional
Wastewater System shall be made in writing to each member of the
Board at the regular meetings. Such reports shall include I
34
statements of revenues and expenditures, the operations status, 481
flow information and other pertinent data.
SBC~IO. XVI
OeD.ral ProvisioDS
A. Igccessors to tbe Coqntv o~e District
In the event of any occurrence rendering the County
I and/or the District incapable of performing under this Agreement,
any successor of the, County and/or the District, whether the result
of legal process, assignment, or otherwise, shall succeed to the
rights of the County and/or District hereunder. The covenants and
agreements contained in this Agreement are binding on the parties
hereto and their successors, assigns and legal representatives.
B. Regulatory Aoencies
This Agreement is subject to such rules, regulations,
statutes and/or laws as may be applicable to such or similar
agreements in this State and the parties agree to collaborate when
necessary to obtain such permits, certifications, or the like, as
may be required to comply therewith.
C. Modification
The provisions of this Agreement may be modified or
altered by mutual agreement, EXCEPT with regard to Section XV when
I any modification or alteration thereto shall be agreed upon by all
governmental units represented on said Regional Board. PROVIDED,
HOWEVER, that when applicable, prior to such modification or
alteration, approvals therefor will be obtained when necessary from
the appropriate Federal and/or State agencies. All modifications
or alterations shall be in writing, and presented to all other
units prior to any units' modifying their original Agreements.
D. Authority to Determine Certain Details
Whenever, in the course of performing the various terms
of this Agreement, it becomes necessary for the parties to make
determinations with respect to certain details not specifically
provided for herein, such as inspections, system testing or the
like, appropriate representatives of the parties may collaborate
and mutually agree upon such matters, without need for the
amendment or modification hereof.
I
35
E. Assianments
482
Unless specifically provided in this Agreement,
it is
agreed that neither the County nor the District 'may assign,
transfer and/or convey their respective rights and/or obligations
hereunder without the express written consent of the other.
F. Local Government Commission
Where applicable, with respect to this Agreement and the I
construction of the Project, the District and the County agree to
obtain the necessary ,approvals from the Local Government Commission
as are required thereby.
G. Ordinances,
The District covenants that prior to the commencement of
the transmission of wastewater into the Regional Interceptor
Pipeline, it will adopt an Ordinance regulating the use of its
sewerage collection systems. Said Ordinance shall, among other
things, limit and/or prohibit (where appropriate) the discharge of
wastewater into the said sewerage collection systems where such
wastewater would, singly or by interaction with other wastewater,
cause harm or damage to, or interfere with the proper operation of
the Regional System, and/or treatment process or cause adverse
effects upon the recei ving waters from the Regional Treatment
Facility. I
H. liQtices
Any notice required to be given hereunder by the County
to the District shall be made by the County in writing and
delivered to the Buies Creek-Coats Water and Sewer District of
Harnett County at the following address:
Post Office Box 759
Lillington, North Carolina 27546
Any notice required to be given hereunder by the District to
the County shall be made by the District in writing and delivered
to the County Manager, Harnett County, at the following address:
Post Office Box 759
Lillington, N. C. 27546
I. Authority
The County and the District represent and warrant, each
to the other, the existence of all capacity, authority, resolutions I
and actions necessary to execute this Agreement.
36
J. DUDl~cate Aareements 483
-
This Agreement is executed in duplicate originals, one
of which is retained by each party hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be duly executed on the day and year written.
Executed by the Buies Creek-Coats Water and Sewer District of
Harnett County this ~ day of July, 1990.
I
Buies Creek-Coats Water and
Sewer District of Harnett County
. BY~' : 0 {L~ ~ J! 1'-.)
Bill Shaw, Vice-Chairman, of
Harnett County Board
Commissioners, sitting as the
governing body of the auies
Creek-Coats Water and Sewer
District of Harnett County
~L '(;J. ~~
Vanessa W. Young, C rk the
Board and of the Bu s Creek-
Coats Water and Sewer District
of Harnett County
Executed by the County of Harnett, this .1 h.,L day of July,
1990.
COUNTY OF HARNETT
at c_~ ~ ~ n _~_~ ~...
Bill Shaw, Vice-Chairman
Harnett County Board of
I Commissioners
ATTEST:
~~ ~. ~~~.
Vanessa W. Young, Cle }/
of the Board
NORTH CAROLINA
HARNETT COUNTY ACKNOWLEDGMENT
I, a Notary Public of the County and State aforesaid, certify
that BILL SHAW, who, being by me duly sworn, says that he is Vice-
Chairman of the Board of Commissioners of Harnett County, and that
Vanessa W. Young is Clerk of said Board, that the seal affixed to
the foregoing and attested instrument is the seal of Harnett
County, North Carolina, and that said instrument was signed by him
as Vice-Chairman of the Board, who affixed the official seal of
Harnett County to said instrument; and that the said Bill Shaw,
Vice-Chairman of the Board of Commissioners, acknowledged said
instrument to be the act and deed of Harnett County, North
Carolina.
notarial seal, this the ~ day of July,
I ~. U~tVu!
No ary Public
?~J.;l-~
37
484 NORTH CAROLINA
).\.CKNOWLEDGMBlfI
HARNETT COUNTY
I, a Notary Public of the County and state aforesaid, certify
that BILL SHAW, who, being by me duly sworn, says that he is
Vice-Chairman of the Harnett County Board of Commissioners, sitting
as the governing body of the Buies Creek - Coats Water and Sewer
District of Harnett County and that Vanessa W. Young is Clerk of
said Board and of the District, that the seal affixed to the
foregoing and attested instrument is the seal of said District, I
and that said instrument was signed by him as Vice-Chairman in the
above capacity and by the Clerk of said Board, who affixed the
official seal of said District to said instrument; and that the
said Bill Shaw in the above capacity, acknowledged said instrument
to be the act and deed of the Buies Cr~ek - Coats Water and Sewer
District of Harnett County.
Witness my hand and notarial seal, this the ~hdday of July,
1990. ~ bOAteltaAcI
. tary Public
My Commission Expires: 7 -1 J. -9 J . ""m.nlft"
~.'~ ~lANCIt4~'''~
,*:-~ . ~~"
! ~Q1ARY \
q ..
! *** !
.. .
'\ ~ PUBL\c' ~ I
tll ~ .. ~I
"~ ~( ....._~ \"" ~....
""#,<< IT CO\)~ ..',......
"",.."..""
I
I
38
485
DOCUMENT NO. 10 ~
Ra80l"tiOll SeleGt:iIag .
bglaeezs for
Cape Pear Ragioaal W..~ter Syat_
THAT WHEREAS, pursuant to the directions of the Board of
Commis.ioners of Harnett County, as specified in that Resolution
I Regarding Engineering and Related Services (Cape Fear Regional
Wastewater System Project) adopted June 26, 1990, the appropriate
agents and representatives of the County have made recolIDDendations
to the Board relative to the selection of engineers for said
wastewater project; and
WHlRIAS, the Board desires to follow the .aid recommendations
aa hereinafter set forth.
NOW, louu~~PORE, BB IT RESOLVED by the Board of Commissioners
of the County of Harnett that:
Section One. The engineering firm of Marziano , Hinier,
P.A. is selected to perform the design and related services for the
wastewater treatment plant associated with the Cape Pear Regional
Wastewater System Project.
Section Two. The engineering firm of Dewbery , Davis is
.elected to perform the design and related service. for the
interceptor pipelines a.sociated with said Project.
Section Three. The firm of Marziano , Kinier, P.A. is .
selected a. the Project Administrator for purpo.e. of coordinating
the work of the stated firms and otherwise providing for the
I orderly and efficient submittal of plans and specifications for
the Project.
Section Four. The County Manager, County Utilities
Attorney and the Director of Public Utilities shall formulate with
each firm named contract documents in a form acceptable to them
.etting forth the nece.sary agreements relating to the services to
be provided.
Section Pive. Upon completion of said contract
documents, the same shall be presented to the Board for final
approval.
Duly adopted the 2nd day of JUly, 1990, upon motion made by
Commissioner Collins seconded by COIIDDi.ssioner
,
Srilith and adopted by the following vote:
AYES 3 NOBS 0 ABSTAINED 0 ~.L 2
BOARD 01' COHKISSIONERS OF
THE "'Wi..Io~. 10 OJ' RARNBTT
... ~_Q'QC"l ~~.
"
By:
Bill Shaw, Vice Chairman
I ATTEST:
,C...... -/'0 ~'~.......{(
Vanessa w. Young, ti
Clerk to the Board
_~_.H__._ ___
486
DOCUMENT NO. 11
-
. Resolu~ioD Rega~iDg I
~ax-Bxe.p~ Obliga~ioD
Supervisory COD~rol aDd Da~a Acquisi~ioD 8ys~..
THAT WHEREAS, the Board of Commissioners of the County of
Harnett has heretofore authorized the County to enter into an
Installment Purchase Contract with First Citizens Bank and Trust
C""."1",any relative to the acquisition and installation of a
Supervisory Control and Data Acquisition System for use by the
County Department of Public Utilities; and
WHEREAS, the Board desires to clarify that the County's
obligation under said installment purchase contract is a qualified
tax exempt obligation;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners
of the County of Harnett that the County's obligation under the
referenced installment purchase contract is hereby designated as I
a qualified tax exempt obligation under Section 265 of the Internal
Revenue Code of 1986.
Duly adopted the 2nd day of July, 1990, upon motion made by
Commissioner Smith , seconded by Commissioner
.
Collins and adopted by the following vote:
AYES 3 NOES 0 ABSTAINED 0 ABSENT 2
BOARD OF COMMISSIONERS OF
THE COUNTY OF HARNETT
-'~ ' ;S u-J
_ C' i
By: r-... J Q (, / ./~
Bill Shaw, Vice Chairman
~!J (
Vanessa W. Young,~
Clerk to the Board
I