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11191990 ---. ~_... -_..~ 645 HARNETT COUNTY BOARD OF COMMISSIONERS' REGULAR MEETING, NOVEMBER 19, 1990, The Harnett County Board of Commissioners met in regular session on Monday, Rovember 19, 1990, in the County Office Building, Lillington, I North Carolina, with the following members present: Rudy Collins, Bill Shaw, Mack Reid Hudson, Mayo Smith, and Chairman Lloyd G. Stewart presiding. Others present were Dallas H. Pope, County Manager, W. Glenn Johnson, County Attorney; Vanessa W. Young, Clerk to the Board, and Kay S. Bl~nchard, Recording Secretary. Chairman Stewart called the meeting to order at 7 p.m. Commissioner Smith offered the invocation. MINUTES APPROVED Commissioner Shaw moved for the approval of the minutes of the regular meeting on November 5, 1990. Commissioner Hudson seconded the motion and it passed with a unanimous vote. RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented a resolution ARCHAEOLOGICAL AND authorizing initiation of archaeological and environmental surveys ENVIRON. SURVEYS - (Cape Fear Regional Wastewater System Project). Commissioner Shaw CFRWWS PROJECT 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 November 19, 1990, as document no. 1. RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented a resolution CP&L EASEMENT - authorizing conveyance of easement to Carolina Power & Light Company BUNNLEVEL-RIVERSIDE (Bunnlevel-Riverside Wastewater Facilities Project). Commissioner Shaw moved for the adoption of the resolution. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated November 19, 1990, as document no. 2. I RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented a resolution AGREEMENT WITH authorizing execution of agreement between the County of Harnett and SOUTH CENTRAL WATER the South Central Water and Sewer District of Harnett County AND SEWER - SALE OF concerning sale of water to the Town of Linden. Commissioner Shaw WATER TO TOWN OF moved for the adoption of the resolution provided that paragraph B. be LINDEN amended to read as follows: B. County Aqrees: To pay District, not later than the 25th day of each month, all revenues derived from its resale of water to the Town of Linden, less any cost and/or expenses incurred by the County as provided in the aforementioned Agreement between the County, District and said Town. 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 November 19, 1990, as document no. 3. RESOLUTION RE: .John M. Phelps, II, Public Utilities Attorney, presented a resolution SALE OF WATER TO authorizing execution of agreement relating to the Sale of Water to TOWN OF LINDEN the Town of Linden. Commissioner Shaw moved for the adoption of the AGREEMENT 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 November 19, 1990, as document no. 4. MEETING OF THE Chairman Stewart called to order a meeting of the Harnett County Board SOUTHWEST WATER AND of Commissioners sitting as the governing body of Southwest Water and SEWER DISTRICT Sewer District of Harnett County. PURPOSE John M. Phelps, II, Public Utilities Attorney, stated the purpose of I the session and introduced Mr. Ralph E. Troutman, Black & Veatch, who presented a discussion of bids received for the Water Distribution Facilities - Contract II for Southwest Water & Sewer District - Phase I project. Mr. Phelps presented his legal opinion concerning the bids and presented to the Board for consideration a resolution establishing procedures regarding Contract II, Water Facilities Project - Phase I. CommiSSioner Hudson moved for the adoption of the resolution. CommiSSioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated November 19, 1990, as document no. 5. ADJOURNMENT Chairman Stewart adjourned the meeting of the Harnett County Board of Commissioners sitting as the governing body of Southwest Water and Sewer District of Harnett County. 646 APPLICATION RE: Carla Stephens, Planning Director, briefed the Board that ZONING ORDINANCE consideration of an application to change zoning ordinance text for TEXT CHANGE FOR George Womble, reference Article VI, Section 6.0l6.2.2l(a), Number of GEORGE WOMBLE Apartments Per Acre, was tabled at the meeting of November 5, 1990, and that additional information was provided to them as requested. Cvmmissioner Shaw moved not to amend existing Ordinance as requested in application of Mr. George Womble. Commissioner Hudson seconded the motion and it passed with a unanimous vote. I PUBLIC HEARING RE: Chairman Stewart called to order a public hearing on proposed AMENDMENT TO amendment to. the Harnett County Zoning Ordinance that would delete ZONING ORDINANCE Article IV, 2.0, 2.3-F(1-B), and Article IV, 2.0, 2.3-F(2-A). Carla Stephens, Planning Director, briefed the group that the purpose of the public hearing was to obtain public comments concerning the proposed Zoning Ordinance amendment. Chairman Stewart opened the hearing for public comments. No comments were offered and Chairman Stewart closed the public hearing. AMENDMENT TO ZONING Carla Stephens, Planning Director, presented proposed amendment to the ORDINANCE Harnett County Zoning Ordinance for consideration. Commissioner Hudson moved for the adoption of the proposed amendment which deletes Article IV, 2.0, 2.3-F(1-B), and Article IV, 2.0, 2.3-F(2-A). Commissioner Shaw seconded the motion and it passed with a unanimous vote. The Zoning Ordinance amendment is copied in full in the Harnett County Ordinance Book I, page 267 . PUBLIC HEARING RE: Chairman Stewart called to order a public hearing concerning APPLICATION FOR application for zoning change for Nettie Cameron, Barbecue Township, ZONING CHANGE - on Hwy. 87/24, from Commercial Zoning District to RA-20R Zoning NETTIE CAMERON District. Carla Stephens briefed the group on purpose of the public hearing. Chairman Stewart opened the hearing for public comments. The following citizens provided comments: 1- Shirley Haddock, Rt. 2, Cameron Against 2. Lar~ Norton, Rt. 2, Cameron Against 3. Ellen Norton, Rt. 2, Cameron Against 4. Neal T~omas, Rt. 2, Cameron Against 5. Nettie Cameron, Rt. 2, Cameron For 6. Brenda Thomas, Rt. 2, Cameron Against I 7. Barbara Johnson, Rt. 2, Cameron For 8. Frances Wooten, Rt. 2, Cameron Against PUBLIC HEARING There being no further comments, Chairman Stewart closed the public CLOSED hearing. APPLICATION FOR Carla Stephens, Planning Director, presented for consideration by the Board application for zoning change for Nettie Cameron, Barbecue ZONING CHANGE FOR Township on Hwy. 87/24, from Commercial Zoning District to RA-20R NETTIE CAMERON Zoning District. Commissioner Smith moved for the approval of the application. The motion died due to lack of 'second, therefore, the application was denied. PUBLIC HEARING RE: Chairman Stewart called to order a public hearing concerning APPLICATION FOR application for zoning change for Robert Frederick, Stewart's Creek ZONING CHANGE FOR Township on S.R. 2034, from RA-30 Zoning District to RA-20M Zoning ROBERT FREDERICK District. Carla Stephens briefed the group on the purpose of the public hearing. Chairman Stewart opened the hearing for public comments. No comments were offered and Chairman Stewart closed the PUBLIC HEARING CLOSED public hearing. Carla Stephens, Planning Director, presented for consideration by the APPLICATION FOR Board application for zoning change for Robert Frederick, Stewart's ZONING CHANGE FOR Creek Township on S.R. 2034, from RA-30 Zoning District to RA-20M ROBERT FREDERICK Zoning District. Commissioner Shaw moved that the application be denied. Commissioner Hudson seconded the motion and it passed with a unanimous vote. PUBLIC HEARING RE: Chairman Stewart called to order a public hearing concerning APPLICATION FOR application for zoning change for William D. Wood, Lillington Township I ZONING CHANGE FOR on Hwy. 401, from Industrial Zoning District to RA-30 Zoning District. WILLIAM D. WOOD Carla Stephens briefed the group on the purpose of the public hearing. Chairman Stewart opened the hearing for public comments. No comments PUBLIC HEARING CLOSED were offered and Chairman Stewart closed the public hearing. Carla Stephens, Planning Director, presented for consideration by the APPLICATION FOR Board application for zoning change for William D. Wood, Lillington ZONING CHANGE FOR Township on Hwy. 401, from Industrial Zoning District to RA-30 Zoning WILLIAM D. WOOD District. Commissioner Shaw made a motion to approve the application. Commissioner Collins seconded the motion and it passed with a unanimous vote. PUBLIC HEARING RE: Chairman Stewart called to order a public hearing concerning ROAD NAME CHANGE application for road name change for Overhills Farm, JOhnsonville FOR OVERHILLS FARM Township, current name: Rockefeller Road, requested name: Thurman 647 Drive. Carla Stephens briefed the group on the purpose of the public hearing. Chairman Stewart opened the hearing for public comments. No comments were offered and Chairman Stewart closed the public hearing. APPLICATION FOR Carla stephens, Planning Director, presented for consideration by the ROAD NAME CHANGE Board application for road name change for Overhills Farm, FOR OVERHILLS FARM Johnsonville Township, current name: Rockefeller Road, requested name: Thurman Drive. Commissioner Smith moved for approval of the I application. Commissioner Shaw seconded the motion and it passed with a unanimous vote. PUBLIC HEARING RE: Chairman Stewart called to order a public hearing concerning APPLICATION FOR ROAD application for road name change for Abraham Lincoln McKay, Lillington NAME CHANGE FOR Township, current name: Ball Park Road, requested name: Lincoln ABRAHAM LINCOLN McKay Drive. Carla Stephens, Planning Director, briefed the group on MCKAY the purpose of the public hearing. Chairman stewart opened the hearing for public comments. No comments were offered and Chairman Stewart closed the public hearing. APPLICATION FOR Carla stephens, Planning Director, presented 'for consideration by the ROAD NAME CHANGE FOR Board application for road name change for Abraham Lincoln McKay, ABRAHAM LINCOLN MCKAY Lillington Township, current name: Ball Park Road, requested name: Lincoln McKay Drive. Commissioner Shaw moved for the approval of the application. Commissioner Collins seconded the motion and it passed with a unanimous vote. PUBLIC HEARING RE: Chairman Stewart called to order a public hearing concerning APPLICATION FOR ROAD application for road name change for The Greater Buies Creek NAME CHANGE 'FOR FIRE Association, Neill's Creek Township, current name: Fire Department DEPARTMENT ROAD Road, requested name: Mae Byrd Road. Carla Stephens, Planning Director, briefed the group on the purpose of the public hearing. Chairman Stewart opened the hearing for public comments. The following citizen provided comments: 1. Leonore Tuck, Buies Creek For PUBLIC HEARING CLOSED There being no further comments, Chairman stewart closed the public hearing. I APPLICATION FOR Carla Stephens presented for consideration by the Board application ROAD NAME CHANGE FOR for road name change for The Greater Buies Creek Association, Neill's FIRE DEPARTMENT ROAD Creek Township, current name: Fire Department Road, requested name: Mae Byrd Road. Commissioner Collins moved for the approval of the application. Commissioner Hudson seconded the motion and it passed with a unanimous vote. PUBLIC HEARING RE: Chairman Stewart called to order a public hearing concerning APPLICATION FOR ROAD application for road name change for The Greater Buies Creek NAME CHANGE FOR Association, Neill's Creek Township, current name: Gregory Circle, GREGORY CIRCLE requested name: Brickyard Lane for portion from S.R. 1532 to end of unpaved section of S.R. 1521- Carla Stephens, Planning Director, briefed the group on the purpose of the public hearing. Chairman Stewart opened the hearing for public comments. The following citizens provided comments: 1. J. w. Shepard, Buies Creek For 2. Leonore Tuck, Buies Creek For PUBLIC HEARING CLOSED There being no further comments Chairman Stewart closed the public hearing. APPLICATION FOR Carla Stephens, Planning Director, presented for consideration by the ROAD NAME CHANGE Board application for The Greater Buies Creek Association, Neill's FOR GREGORY CIRCLE Creek Township, current name: Gregory Circle, requested name: Brickyard Lane for portion from S.R. 1532 to end of unpaved section of S.R. 1521. Commissioner Hudson moved for the approval of the application. Commissioner Collins seconded the motion and it passed with a unanimous vote. I PUBLIC HEARING RE: Chairman Stewart called to order a public hearing concerning ROAD NAME CHANGE application for The Greater Buies Creek Association, Neill's Creek FOR KIVETT ROAD Township, current name: Kivett Road, requested name: Neill's Creek Road. Carla Stephens, Planning Director, briefed the group on the purpose of the public hearing. The following citizen provided comments: 1. Leonore Tuck, Buies Creek For PUBLIC HEARING There being no further business Chairman Stewart closed the public CLOSED hearing. APPLICATION FOR Carla Stephens, Planning Director, presented for consideration by the ROAD NAME CHANGE Board application for The Greater Buies Creek Association, Neill's FOR KIVETT ROAD Creek Township, current name: Kivett Road, requested name: Neill's Creek Road. Commissioner Smith moved for the approval of the application. Commissioner Collins seconded the motion and it passed with a unanimous vote. 648 REGISTER OF DEEDS Dallas H. Pope, County Manager, presented a list of records in ,the Register of Deeds office and requested that the records be destroyed as set out under G.S. 121-5(b). Commissioner Smith moved for the approval of the request. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The list of records to be destroyed is copied in full at the end of these minutes dated November 19, 1990, as document no. 6. TAX DEPARTMENT Bobby Wicker, Tax Administrator, presented a proposed letter to I CADASTRAL MAPPING L. Robert Kimball & Associates concerning Arc/Info Macro services to PROJECT be provided to Harnett County concerning Cadastral Mapping project. Commissioner Shaw made a motion to concur with the approach stated in the proposed letter. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The letter is copied in full at the end of these minutes dated November 19, 1990, as document no. 7. EMS Eddie Wimberly, Emergency Medical Services, briefed the Board on ORGANIZATIONAL CHART proposed changes to Emergency Medical Services organizational chart. Dallas H. Pope, County Manager, presented for consideration by the Board a proposed revised Emergency Medical Services organizational chart. Commissioner Smith moved that the requested changes be approved. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The revised chart is copied in full at the end of these minutes dated November 19, 1990, as document no. 8. GOMPATIBLE LAND USE Carla stephens briefed the Board on the Compatible Land Use Study. STUDY Lee Sudia, Harnett County Fire Marshal, briefed the Board on Fire FIRE INSPECTIONS Inspections in Harnett County. BRIEFING ALBERT GREGORY Commissioner Hudson moved to reappoint Albert Gregory to the Lee-Harnett Mental Nealth Board fer a four-year term which will expire APPOINTED TO LEE- November 30, 1994. Commisisoner Smith seconded the motion and it HARNETT MENTAL passed with a unanimous vote. HEALTH BOARD Reports for the month of October were filed with the Board from the REPORTS following departments: Industrial Development, Fire Marshal, Health Department, Planning Department, and the Library. I BUDGET AMENDMENTS Dallas H. Pope, County Manager, requested the following budget amendment for Mental Health: Code 10-7900-093 Harnett Production Ent. $30,000. increase Revenue: 10-3990-000 Fund Bal. Appro. 30,000. increase Commissioner Smith moved for the approval of the budget amendment. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for the Sheriff's Department: Code 10-5100-002 Salaries & Wages 21,958. increase 10-5100-005 F.I.C.A Tax Expense 1,680. increase 10-5100-006 Group Insurance Expense 1,360. increase 10-5100-007 Retirement Expense 1,103. increase Revenue: 10-3990-000 Fund Bal. Appro. 26,101. increase Commissioner Collins moved for the approval of the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Emergency Medical Services: Code 10-5400-002 Salaries & Wages 10,620. increase 10-5400-005 F.I.C.A. Tax Expense 813. increase 10-5400-006 Group Insurance Expense 1,190. increase I 10-5400-007 Retirement Expense 534. increase 10-5400-008 Workmen's Compensation 387. increase Revenue: 10-3990-000 Fund Bal. Appro. 13,544. increase Commissioner Collins moved for the approval of the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous 649 vote. Dallas H. Pope, County Manager, requested the following budget amendment for Social Services: Code 10-7710-143 County Initiated Checks 53,970. increase Revenue: 10-3480-012 A.F.D.C. 44,795. increase 10-3990-000 Fund Bal. Appro. 9,175. increase I Commissioner Hudson moved for the approval of the budget amendment. Commissioner Smith seconded the motion and it passed with a unanimous vote. RESOLUTION OF APPRECI- Carla Stephens, Planning Director, presented to the Board for ATION FOR HAYWOOD HALL consideration a resolution of appreciation for Mr. Haywood Hall. Commissioner Collins moved for the adoption of the resolution. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated November 19, 1990, as document no. 9. RESOLUTION OF APPRECI- Carla Stephens, Planning Director, presented to the Board for ATION FOR CASEY FOWLER consideration a resolution of appreciation for Mr. Casey Fowler. Commissioner Smith moved for the adoption of the resolution. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated November 19, 1990, as document no. 10. EXECUTIVE SESSION Commissioner Hudson made a motion that the Board go into executive session. Commissioner Smith seconded the motion and it passed with a unanimous vote. Commissioner Collins was excused from the remainder of the meeting. Commissioner Hudson made a motion that the Board come out of executive session. Commissioner Smith seconded the motion and it passed with a unanimous vote. RESOLUTION RE: Dallas H. Pope, County Manager, presented to the Board for consideration a resolution concerning the Job Training Partnership Act I JTPA program. Commissioner Shaw moved for the adoption of the resolution. Commissioner Smith seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated November 19, 1990, as document no. 11. RESOLUTION RE: Tom Meece, Industrial Development Director, presented to the Board for consideration a resolution concerning selection of firm to provide CDBG PROJECT - administration services for Community Development Block Grant project. INDUSTRIAL DEV. Commissioner Hudson 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 November 19, 1990, as document no. 12. INDUSTRIAL DEV. Tom Meece, Industrial Development Director, presented to the Board for LOAN AGREEMENT BETWEEN consideration a loan agreement between Harnett County and Boyt COUNTY AND BOYT DIV. Division Welsh Sporting Goods Corporation. C~mmissioner Hudson moved for the approval of the loan agreement subject to final approval by the County Attorney. Commissioner Smith seconded the motion and it passed with a unanimous vote. LEASE AGREEMENT BETWEEN Tony Wilder, Special Projects Coordinator, presented to the Board for VIRGINIA M. SALMON, ET consideration a lease agreement between Virginia M. Salmon and UX, AND THE COUNTY Husband, Jerry Wayne Salmon, and the County of Harnett for lease of a building located on the west side of Main Street in the Town of Lillington which is directly across said street from the Harnett County Courthouse. Commissioner Shaw moved for the approval of the lease agreement. Commissioner Smith seconded the motion and it passed with a unanimous vote. ADJOURNMENT There being no further business, the Harnett County Board of I C""mmissioners regular meeting of November 19, 1990, duly adjourned at 11:50 p.m. iZ~/v ~ 10 d Cd- Stewart, Chairman i:..~ y:Jd. Cl'!!~~oard ~w. },. AQ <IlM r .R ~hA Kay S. anchard, Secretary to the Board 6 ,5 0 DOCUMENT NO. 1 Resolu~ion Au~hori.ing Ini~ia~ion of Archaeological and Bnviroamen~al Survey. (Cape Pear Regional .a.~..a~er Sy.~.. Proj.c~) THAT WHEREAS, the County of Harnett is currently engaged in the process of implementing the Cape Fear Regional Wastewater System Project (hereinafter sometimes referred to as the .project.); and WHEREAS, pursuant to the directives of the Environmental Protection Agency of the United States of America and the Division of Environmental Management of the Department of Environment, Health and Natural Resources of the State of North Carolina in I order to continue implementation of the Project, it will be necessary to conduct certain archaeological and environmental surveys and/or studies; and WHEREAS, the purpose of the archaeological work will be to identify the presence and significance of archaeological remains that may be at risk from the proposed project construction; and WHEREAS, the purpose of the environmental work will be to address concerns of the applicable commenting agencies regarding wetlands, endangered species, habitat values and mitigation; and WHEREAS, the Harnett County Department of Public utilities has investigated and otherwise researched the cost of obtaining such surveys and studies, along with the necessary qualifications of a firm or firms necessary to conduct the same; and WHEREAS, the results of such investigation and research have been reported to the Board of Commissioners of Harnett County, and the said Department has recommended the employment of the firm of Robert J. Goldstein and Associates of Raleigh, North Carolina to conduct said surveys and studies at a cost of $22,950.00; and WHEREAS, it is the desire of said Board of Commissioners to employ said firm to conduct the aforementioned studies and surveys and to authorize work to commence thereon as soon as practicable. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Harnett County that: 1. The firm of Robert J. Goldstein and Associates of Raleigh, N.C. is hereby selected and shall be employed to conduct and otherwise provide the above described Archaeological and Environmental Surveys associated with the Project, at the cost of $22,950.00. 2. The appropriate representatives of the County are I hereby authorized and directed to make provision for the preparation of the necessary documentation to effect the said employment and upon the completion thereof the County Manager is hereby authorized to execute the same for and in behalf of the County and to thereupon authorize commencement of the work. Duly adopted this 19th day of November, 1990, upon motion made by Commissioner Shaw , seconded by Commissioner Smith , and adopted by the following vote. Ayes 5 Noes 0 Abstained 0 Absent 0 Board of Commissioners of the County of Harnett By -PJrooj~ 4 d~-J {;~;;a. Stewart,' Ch1irman ~~ 'tJ. 'ti~d Vanessa w. Young, 1)/ ~ Clerk to the Board I DOCUMENT NO. 2 651 Re.olution Authorising Con.eyance of s.....nt to C.rolin. Power I Light C~pany (Bunnle.el-Ri..rsid. W.stewat.r F.ciliti.. proj.ct) THAT WHEREAS, the County of Harnett (hereinafter sometimes referred to as the MCounty") for itself and as contracting agent for the South Central Water and Sewer District of Harnett County (hereinafter sometimes referred to as the MDistrictM) is engaged in the construction and installation of wastewater collection and disposal facilities to serve the Bunnlevel and Riverside Communities within the County; and I WHEREAS, in connection therewith the County and the District have acquired title to a certain parcel of real estate described in that deed recorded at Book 894, page 465, Harnett County Registry, upon which a pump station will be or has been constructed; and WHEREAS, in order to provide the electric power required to operate said pump station, the supplier of such power, to wit: Carolina Power & Light Company, is in need of an easement across said real estate; and WHEREAS, it is the desire of both the County and the District to grant such easement as is required to supply said electric power to the referenced pump station. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett in its capacity as the governing body of the County of Harnett and in its capacity as the governing body of the South Central Water and Sewer District of Harnett County that: 1- The County and the District are hereby authorized to and shall execute such documents as are necessary to convey the above described easement to Carolina Power & Light Company. 2. The document or documents conveying said easement shall be in a form and substance approved by the Harnett County Public Utilities Attorney. 3. Upon approval of such document or documents conveying said easement as stated, the appropriate officers of the County and the District are hereby authorized and directed to execute the same. Duly adopted this 19th day of November, 1990, upon motion made by Commissioner Shaw , seconded by Commissioner Hudson , and adopted by the following vote: I Ayes 5 Noes 0 Abstained 0 Absent 0 Board of Commissioners of the County of Harnett By 5'1f )-; 41"rJ oy G. Stewart Chai an of the Board Atyest: A.J ~'i ,~/ ' u ~r Vanessa W. Young L Clerk to the Board I 6,52 DOCUMENT NO. 3 a..olution Authorizing Ex.cution of Agr....nt b.twe.n the County of Barnett and the South C.ntral Wat.r and S.wer District of Barn.tt COunty THAT WHEREAS, the Board of Conunissioners of the County of Harnett, sitting in its capacity as the governing body of the County of Harnett and in its capacity as the governing body of the South Central Water and Sewer District of Harnett County has reviewed that document entitled "Agreement" between said County and said District, a copy of which is attached hereto as Exhibit A and incorporated herein by reference; and I WHEREAS, it is the desire of said Board to authorize and direct the execution of said Agreement as set forth. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Harnett County in its capacity as the governing body of the County and as the governing body of said South Central Water and Sewer District of Harnett County that: 1- The County of Harnett and the South Central Water and Sewer District of Harnett County are hereby authorized to and shall enter into that Agreement above described, a copy of which is attached hereto as Exhibit A and incorporated herein by reference. 2. The appropriate officers of the County and the District are hereby authorized and directed to execute the originals of said Agreement, and such representatives and employees of the County as are necessary are thereafter directed to take such actions as are necessary to effectuate the terms thereof. Duly adopted this 19th day of November 1990, upon motion made by conunissioner Shaw , seconded by Commissioner Collins , and adopted by the following vote: Ayes 5 Noes 0 Abstained 0 Absent 0 Board of Commissioners of the County of~tt By~1J .~ A(e'St : L y G. Stewart, Cha rman 1)/lAA-l__L"-' '-uJ 'i\~ r I Vanessa W. Young~ Clerk to the Boa Exhibit A NORTH CAROLINA AGUBMD'! HARNETT COUNTY THIS AGREEMENT is made and entered into this day of November, 1990, by and between the SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, a municipal corporation and county water and sewer district organized and existing under the provisions of Article 6, Chapter 162A of the North Carolina General Statutes (hereinafter sometimes referred to as the "District") and the COUNTY OF HARNETT, a body politic organized and existing under the laws of the State of North Carolina ( hereinafter sometimes referred to as the "County"). WIT . E SSE T B I THAT WHEREAS, county operates and manages a water production facility and several water' distribution systems located within its boundaries, including the system of the District, and has . established a County Department of Public Utilities to carry out such activities; and I WHEREAS, County desires to sell potable water to the Town of Linden located within Cumberland County, North Carolina and desires to purchase such quantities of water as are required therefor from the District; and WHEREAS, District currently has contracted for its use the purchase of a sufficient quantity of water to serve its existing and potential customers, plus additional water users; and nS3 WHEREAS, District has determined that it would be economically feasible and in the best interest of the citizens of the District to sell to the County such water as is requested by it for resale to the Town of Linden; NOW, THEREFORE, in consideration of the mutual I representations, warranties, covenants and agreements contained herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County and District agree as follows: A. District Aarees: 1. Oualitv and Ouantitv. To furnish the County at the connection point specified in paragraph 2 below, during tbe term of thil Agreement or any renewal or extension tbereof, potable treated water meeting applicable purity standards of the Division of Health Services, Department of Human Resources of the State of North Carolina, in such quantity as may be required by the county for resale to the Town of Linden, not to exceed one hundred thousand (100,000) gallons per day. 2. Connection Point. Delivery and Pressure. To furnish said water to County at a reasonable constant pressure calculated at fifty (SO) pounds per square inch from that connection point as is described in that Agreement dated between the County, District and the Town of Linden. If a greater pressure than that normally available at the point of delivery is required, the costs of providing such greater pressure shall not be borne by I District. Emergency failure of' pre88ure or supply due to main supply line breaks, power failures, flood, fire, and use of water to fight fire, earthquake or other catastrophe shall excuse District from this Agreement for such reasonable period of time as may be necessary to restore service. 3. Billing prncedure. To furnish County not later than the lOth day of each month, with an itemized statement of the amount of water furnished the county during the preceding month. B. County Aarees: To pay District, not later than the 25th day of each month, all revenues derived from its resale of weter to the Town of Linden. C. It is further mutuallv aareed between District and County .. follows: 1- Term of Contract. That this Agreement shall extend for a term of twenty (20) years from the date of the ini tial delivery of any water as shown by the first bill submitted by the District to the County and, thereafter may be renewed or extended for such term, or,terms as may be agreed upon by the District and . County. I 2. Delivery of Water. That thirty (30) days prior to the estimated date of completion of construction of the water 654 pipeline or main to transfer water to the Town of Linden, the County will notify the District in writing of the date for the initial delivery of water. 3. Metering. That the meter facility described in the aforementioned Agreement between the County, District and the Town of Linden shall be used to meter the water delivered from the District to the County. 4. Water for Testina. When requested by the County, the District will make available to the contractor(s) at the point I of delivery, or other point reasonable close thereto, water . sufficient for testing, flushing, and filling the water distribution facilities described in the aforementioned Agreement between the County, District and the Town of Linden during construction, at a flat charge of one dollar and five cents ($1.05) per one thousand (1000) gallons which will be paid by the contractor or, on his failure to pay, by the County. S. Failure to Deliver. That the District will, at all times, operate and maintain its system in an efficient manner and will take such action as may be necessary to furnish the County with quantities of water required by the County hereunder. Temporary or partial failures to deliver water shall be remedied with all possible dispatch. In the event of an extended shortage of water, or the supply of water available to the District is otherwise diminished over an extended period of time, the supply of water to County's consumer shall be reduced or diminished in the same ratio or proportion as the supply to District's consumers is reduced or diminished. 6. Modification of Contract. That the provisions of this Agreement may be modified or altered by mutual agreement. I 7. ReQulatorvAqencies. That this Agreement is subject to such rules, regulations, or laws as may be applicable to similar agreements in this State and the District and County will collaborate in obtaining such permits, certificates, or the like, as may be required to comply therewith. 8. Acco~ SVR1am.To the extent that the applicable administrative laws of the State of North Carolina may allow, County and District may agree in the future to implement any proper accounting system which will reduce paperwork or billing procedures which may result from the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this Agreement to be duly executed in duplicate counterparts, each of which shall constitute an original. Executed by the County this the day of November, 1990. COUNTY OF HARNETT By Lloyd G. Stewart, Chairman Harnett County Board of Commissioners Vanessa W. Young, Clerk I Executed by South Central Water and Sewer District of Harnett County, this day of November , 1990. SOUTH CENTRAL WATER AND SBWER DISTRICT or HARNBTT C'.....~... Attest: By Lloyd G. Stewart, Chairman, Board of Commissioners of Vanessa W. Young, Clerk Harnett County, sitting as to the Board and of the the governing body of the . District South Central Water and Sewer District of Harnett County DOCUMENT NO. 4 655 Re.olution Authorizing Bxecution of Agre...nt Relating to the Sale of Water to the Town of Linden THAT WHEREAS, the Board of Commissioners of the County of Harnett, sitting in its capacity as the governing body of the County of Harnett and in its capacity as the governing body of the South Central Water and Sewer District of Harnett County has reviewed that document entitled "Agreement" between said County and District and the Town of Linden, a copy of which is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, it is the desire of said Board to authorize and I direct the execution of said Agreement as set forth, NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Harnett County in its capacity as the governing body of the County and in its capacity as the governing body of said South Central Water and Sewer District of Harnett County that: 1- The County of Harnett and the South Central Water and Sewer District of Harnett County are hereby authorized to and shall enter into that Agreement above described, a copy of which is attached hereto as Exhibit A and incorporated herein by reference. 2. The appropriate officers of the County and the District are hereby authorized and directed to execute the originals of said Agreement, and such representatives and employees of the County as are necessary are thereafter directed to take such actions as are necessary to effectuate the terms thereof. Duly adopted this 19th day of November 1990, upon motion made by Commissioner ~Ua'" , seconded by Commissioner Collins , and adopted by the following vote: Ayes 5 Noes 0 Abstained 0 Absent 0 Board of Commissioners of the County o~, By ~. ~wart, Chairman ~~r . . ~~O-; '-I ~ . '--Uj~II'~( Vanessa W. Young () Clerk to the Board I EXHIBIT A NORTH CAROLINA AGRBIMUT HARNETT COUNTY THIS AGREEMENT is entered into a8 of the day of November, 1990, between the COUNTY OF HARNETT (hereinafter sometimes referred to as "County" or "Seller"), the SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY (hereinafter sometimes referred to as the "District") and the TOWN OF LINDEN, (hereinafter sometimes referred to as "Town" or "Purchaser"). WIT N I S SIT B I THAT WHEREAS, the Purchaser is a municipal corporation duly organized and existing under the laws of the State of North Carolina, and is located within Cumberland County, North Carolina; and WHEREAS, District is a county water and sewer district organized and existing under the laws of the State of North I Carolina; and WHEREAS, County is a body politic organized and existing under the laws of the State of North Carolina, and WHEREAS, the Purchaser intends to construct and install a water distribution system and in connection therewith is in need of a supply of treated water therefor; and WHEREAS, District owns a water distribution system located adjacent to Cumberland County and currently has contracted for the purchase of a sufficient quantity of water to serve its existing and potential customers, plus additional water users; and 656 WHEREAS, County, through its Department of Public Utilities, manages and operates the water distribution system of the District and has contracted with the District to purchase from it a sufficient quantity of water to provide water to the Purchaser as is herein set forth; and WHEREAS, County desires to sell to Purchaser, and Purchaser desires to buy from County a supply of potable water as set forth I herein; and WHEREAS, the District desires to enter into this Agreement for the purpose, among others, of acknowledging its consent to connection to its system as hereinafter provided; and WHEREAS, the parties have agreed upon the terms regarding the matters mentioned above, and now desire to set forth the terms of their agreements; NOW, THEREFORE, in consideration of the foregoing and the mutual agreements hereinafter set forth, the parties agree as follows: IECTIO.. I CODDectioD aDd Point of Delivery A. ExistinQ System in Harnett r.o~. It is understood that there currently exists an eight (8 ) inch water distribution pipeline located on the Harnett County side of the Harnett County- Cumberland County boundary within the right of way of NCSR 2031. Said pipeline is a part of the system of the District which is operated by the County. B. Connection Piceline. It is agreed that the Purchaser shall construct and install at its own expense~ pursuant to the terms and I conditions of subsection D hereof, a water distribution pipeline of the size of eight (8) inches from the meter facility hereinbelow described in subsection C to the existing system of the District. Such pipeline shall begin at said meter facility in Cumberland County and shall run continuously in a northerly direction under . and across the Lower Little River and within the right of way of NCSR 2031 into Harnett County to the point where the same shall connect to the above described existing system. Permission to make connection to the existing system in Harnett County is hereby granted, so long as the same is accomplished pursuant to and in accordance with this Agreement. C. Meter Facilitv. It is agreed that the Purchaser shall construct and install at its own expense, pursuant to the terms and conditions of subsection D hereof, the necessary metering equipment, including a meter house or pit, and required devices of standard type for properly measuring the quantity of water delivered to the Purchaser. It is understood that said meter facility shall be located south of the Lower Little River in Cumberland County within the right of way of NCSR 2031 or upon . I property adjacent thereto acquired by Purchaser. The meter facility described in this subsection shall be the point of delivery. D. Construction and Installation of Connection Pipeline and . Meter Facility. The above described connection pipeline and meter facility (hereinafter referred to in this subsection as "facilities" ) shall be furnished, constructed and installed upon the following terms and conditions: 657 1. Purchaser shall cause plans and specifications for the facilities to be completed in accordance with standard engineering practices and procedures by a qualified engineering firm. Said plans and specifications shall also be completed in a manner so as I to be in full compliance with all rules, regulations and requirements of the Farmers Home Administration of the United States Department of Agriculture and such other federal and/or state agencies as may be applicable. Purchaser shall provide copies of the plans and specifications to the Harnett County Department of Public Utilities. 2. Purchaser shall provide to the Harnett County Department of Public Utiliti~s, prior to the commencement of the construction and installation of the facilities, shop drawings of all materials to be used therefor. 3. Purchaser shall obtain and acquire continuous and adequate easements, and rights of way on private lands necessary to erect, construct, install and lay, and thereafter use, operate, inspect, repair, maintain, replace, remove, change the size of or protect said facilities. 4. Purchaser shall obtain and acquire permits, franchises, and authorizations or other instruments by whatsoever name designated, from public utilities and I 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 said facilities upon, along or across streets, roads, highways and public utilities. 5. Purchaser shall obtain approval for the construction and completion of the facilities from the necessary federal, state and/or local governments and agencies, prior to and/or at the time of completion. 6. Purchaser shall cause the construction and installation of the facilities to be completed in accordance with standard engineering and contracting practices and procedures by a qualified contractor or contractors. Purchaser shall obtain the concurrence of the Farmers Home Administration in and to the agreement or agreements executed with such contractor or contractors for such work. 7. Purchaser shall permit representatives of County to inspect, on one or more occasions, the I construction and installation of the facilities to verify that the same is being or has been constructed and installed as herein provided. 8. In the event that the construction and installation of the facilities is not completed as set forth herein, then County shall notify Purchaser of such fact and in what ways the construction does not meet the terms hereof, and it shall be the duty of Purchaser to thereafter correct such items or things as do not meet . the terms hereof. 658 9. Purchaser shall provide the Harnett County Department of Public Utilities three (3) entire sets of as built record drawings of the completed facilities as constructed and as are conveyed to the County as hereafter provided. 10. Purchaser shall cause the engineering firm which designed the facilities to provide to the Harnett I County Department of Public Utilities, in writing, a certification that the facilities have been constructed in accordance with those plans and specifications approved by the applicable federal, state and/or local governments and/or agencies. 11. Purchaser shall be responsible for any and all costs associated with the installation and construction of the facilities, the connection of the same to the existing system in Harnett County, the modification, extension or any other alterations made to the existing system in Harnett County necessary to effectuate such . connection and/or any and all costs necessary to meet any and all requirements of local, state or federal regulations. E. Convevan~B t.o County. Upon completion of ,the construction and installation of the connection pipeline and meter facility, and inspection, approval and acceptance thereof by the Harnett County Department of Public Utili ties, Purchaser shall convey by good and sufficient deed and/or other document of conveyance to the County the connection pipeline and meter I facility, together with all easements, rights of way, permits, franchises, authorizations, or other instruments as described in subsections D(3) and D(4) above needed to operate and maintain said connection pipeline and meter facility. The conveyance of said connection pipeline and meter facility shall be treated as the connection fee or charge for connection by Purchaser to the system of the District and County. F. Warrantv. Purchaser hereby warrants and guarantees for a period of one (1) year from the date of the conveyance of the connection pipeline and meter facility to the County that the same will be free from all defects due to faulty material or workmanship. Purchaser further agrees to assign to County at the time of the conveyance above described all rights and interests of the Purchaser in and to any warranty or guarantee provided by the contractor or contractors, together with such rights or interests held by Purchaser in the performance bond or bonds executed by said contractor or contractors and applicable surety or sureties. Any corrections or repairs as may be necessary by reason of such defects as described above which shall not have been corrected or repaired by the applicable contractor or contractors shall be made I or caused to be made by the County and all costs in so doing, including materials and labor costs, shall be borne by Purchaser. G. QDeration and Maintenance. Upon and after conveyance to it of the connection pipeline and meter facility, together with all easements, rights of way or lands appurtenant thereto, the County as owner thereof agrees to operate and maintain the same as part of its water distribution system as operated by the Harnett County Department of Public Utilities. 659 H. Ownershio. Unless otherwise provided in this Agreement, the connection pipeline and meter facility shall be and remain the property of the County and as such, the County may operate, maintain, manage, regulate and control the same and otherwise exercise with re.pect thereto any rights, authorities or privileges it may be granted by statute. I SEC~IO. U Tran..i..ion Pip.lin.. to Purcba..r'. S.rvic. ar.a A. Construction and Ooeration. The Purchaser shall be responsible for the installation, construction, operation and maintenance of all water transmission and distribution pipelines and mains, together with all appurtenances related thereto located to the south of the point of delivery. Purchaser shall also be responsible for the installation, construction, operation and maintenance of all related appurtenances necessary to transport water from the point of delivery to the service area of the Purchaser. B. Owner.hio. Unless otherwise provided in this Agreement, the water transmis.ion and distribution pipelines and mains, and all appurtenances related thereto described in subsection A above shall be and remain the property of the Purchaser and as such, the Purchaser may operate, maintain, manage, regulate and control the .ame and otherwise exerci.e with respect thereto any rights, authorities or privileges it may be granted by statute. IEcno. IU C~o.. CODD.a~ioD. I A. Prohibit.ion. Purchaser agrees that upon and after the date the connection is made from the existing syst.em in Harnett County to the connection pipeline, the Purchaser shall allow no cross connection or connections to exist between any water sys~em(s) i~ owns and/or operates and/or the same are otherwise connected to, and any pipeline containing a contaminant and/or any pipeline connected to other pre.ent or future sources of water. Purchaser agree. to enact such ordinance. and regulation. so as to prevent said cro.s connections and agrees to take such reasonable actions as are appropriate to enforce the same. B. Indemnification. Purchaser hereby agrees to indemnify and hold harmle.. the County and/or the District from and against all loss, costs, expenses, including attorneys' fees, claims, Buits, and judgments whatsoever in connection with any sickness, injury to or death of any person or persons associated with and/or caused by Purchaser's breach of subsection A above. SECTIO. IV Wa~.r lal. ~o purcha..r The Seller agrees to sell water to the Purchaser and the Purchaser agrees to buy water from the Seller pursuant to and in I accordance with the following terms, conditions and procedures: A. Ouality and Ouantity. The Seller agrees to furnish the Purchaser at the point of delivery hereinbefore specified potable treated water meeting applicable purity standards of the Division of Health Services, Department of Human Resources of the State of North Carolina, in such quantity aa may be required by the Purchaser not to exceed one hundred thousand (100,000) gallons per day. B. pre..ure. The water will be furnished to the Purchaser at the point of delivery at a reasonable constant pressure calculated at fifty (SO) pounds per square inch. If a greater oreBsure than. t.hat normally AVAil",hlA At-. t-.h", nnin~ of delivery i8 660 required by the Purchaser, the cost of providing such greater pressure shall be borne by the Purchaser. . C. Emeraenr:v "allure. Emergency failures of pressure or supply due to main supply line breaks, power failure, flood, fire, and use of water to fight fire, earthquake or other catastrophe shall excuse the Seller from the provisions of this section for I such reasonable period of time as may be necessary to restore services. D. KWLr lI'Wlli-v ImJ Meterina. Seller agrees to operate at its own expense, the meter facility described in Section I hereof, and subject to any rights it may have in any warranty, to maintain the same, and to calibrate such metering equipment whenever requested by the Purchaser, but not more frequently than once every twelve (12) months. A meter registering not more than two percent (2\) above or below the test result shall be deemed to be accurate. The previous readings of any meter disclosed by test to be inaccurate shall be corrected for the three (3) months previous to such test in accordance with the percentage of inaccuracy found by such tests. If any meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water delivered in the corresponding period immediately prior to the failure, unless Seller and Purchaser shall agree upon a different amount. The metering equipment shall be read on the first day of each month. An appropriate official of the Purchaser at all reasonable times shall have access to the meter facility for the purpose of verifying its readings. I E. Bl111n9 Procedure. The Seller will furnish the Purchaser not later than the tenth (10th) day of each month, with an itemized statement of the amount of water furnished the Purchaser during the preceding month. F. RAteR ~nd Payment Date. The Purchaser agrees to pay the Seller, not later than the twentieth (20th) day of each month, for water delivered in accordance with that schedule of rates, as adopted from time to time by Seller, for bulk municipal customers. Said rate is currently $1.05 per 1,000 gallons of water delivered and shall 80 remain until July 1, 1991, when the same shall be subject to adjustment. The minimum rate shall be that charge as calculated under said schedule of rates for the amount of twenty- five thousand (25,000) gallons per day. The minimum rate shall first become payable to Seller from Purchaser, upon billing, no later than twelve (12) months after the date that Purchaser's system, as constructed pursuant to its current Project, is declared substantially complete by the Farmers Home Administration of the United States Department of Agriculture. G. Water For Testing. When requested by the Purchaser, the Seller will make available to the Purchaser and/or its I contractor(s) at the point of delivery or other points reasonably close thereto, water sufficient for testing, flushing, and filling the connection pipeline, the transmission pipelines or mains to the service area of the Purchaser during construction, irrespective of whether metering equipment has been installed at that time. Charges for water so made available shall be calculated based upon the rate stated in subsection F above. Such charges shall be paid by the Purchaser and/or its contractor(s). 661 H. :lAm . The term of this Agreement relative to the sale of water to the Purchaser shall extend for a term of twenty (20) years from the date of the initial delivery of any water as shown by the first bill submitted by the Seller to the Purchaser and, thereafter may be renewed or extended for such term, or terms, as may be I agreed upon by the Seller and Purchaser. Thirty (30) days prior to the estimated . I. Initial Deliverv. date of completion of construction of Purchaser's water pipeline or main which shall connect to the meter facility, the Purchaser will notify the Seller in writing of the date for the initial delivery of water. J. ..ailure to Delivar::y. The Seller will, at all times, operate and maintain its system in an efficient manner and will take such actions as may be necessary to furnish the Purchaser with quantities of water required by the Purchaser, up to the maximum above set forth. Temporary or partial failures to deliver water shall be remedied with all possible dispatch. In the event of an extended shortage of water, or the supply of water available to the_ Seller is otherwise diminished over an extended period of time, the supply of water to Purchaser's consumers shall be reduced or diminished in the lame ratio or proportion as the supply to Seller's consumers is reduced or diminished. K. Modification of Rates. The provilions of thil Agreement pertaining to the Ichedule of rates to be paid by the Purchaler for water delivered are lubject to modification at the end of every . I fiscal year. ..CTIOR V Re..l. of Wat:.r A. ResDonsibilitias of Purchaser. It is the understanding of the Seller that the Purchaser will resell the water delivered to it pursuant to this Agreement. Unlesl otherwile agreed by the parties hereto, the sale of luch water and all matters associated therewith, including but not limited to the following matters, shall be the lole responsibility of the Purchaser: 1. The operations and maintenance of any water system owned and/or operated by the Purchaser. 2. The establishment and setting of all rates, fees, and other charges for water connections made to and services provided by Purchaser with respect to any water system owned and/or operated by the Purchaser. 3. The billing and collection of all rates, feel, and other charges for water connection I made to and services provided by Purchaser with respect to any water system owned and/or operated by the Purchaser. 4. The administrative, legal or any other costs I aS80ciated with any water system owned and/or operated by the Purchaser. B. Indemnification. The Purchaser shall and hereby does indemnify and hold harmlels the County and/or the Diltrict 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, omission and/or other act, whether intentional or negligent, made or caused by the Purchaser 662 and/or its officers, agents, and employees in connection with the resale of water and the responsibilities of Purchaser as stated in subsection A above. C. Limitation on Resale. Unless otherwise agreed by County and District, the resale of water by Purchaser a~ herein set forth, shall be limited to resale within the current project area of the Purchaser and within the boundaries of its existing or future I extraterritorial juridictional area. SEenOIl VI General Provisions A. Modification of Aareement. The provisions of this Agreement may be modified or al tered by the mutual written agreement of the parties hereto. B. Bindinq Aareement. The covenants and agreements contained in this Agreement are binding on the parties hereto and their successors, assigns and legal representatives. C. Breach by Purchaser. In the event the Purchaser shall breach its agreement. hereunder or fail to take such actions as specified, neither County nor District shall have any further obligation to Purchaser hereunder. This provision in no way diminishes or prejudices any other rights or remedies of county and/or District regarding any breach of this Agreement. D. Reaulato~v Aaencies. This Agreement is subject to such rules, regulations, statutes and/or laws as may be applicable to such or similar agreements in this State and the parties hereto agree to collaborate when necessary to obtain such permits, certifications, or the like, as may be required to comply I therewith. E. Other 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 on the like, appropriate representatives of the parties may collaborate and mutually agree upon such matters, without need for the amendment or modification hereof. F. Future Water Transmission and Connection. It 11 agreed that County and/or District may, at no COlt to either, have the option to connect to and transport water through the main water supply line of the Purchaser located between the point of delivery and the corporate limits of the Purchaser as the same now exists. In the event County and/or District should elect to make such connection as herein described, County and/or District shall cause a meter or meters to be installed at the connection point and the cost thereof shall not be borne by Purchaser. G. Notices. Any notice to be given hereunder to the Purchaser shall be made in writing and mailed by first class mail to the Town of Linden at the following'address: I Post Office Drawer 61 Linden, North Carolina 28356 Any notice to be given hereunder to the County or the District . . shall be made in writing and mailed by first class mail to the County of Harnett and/or South Central Water and Sewer District of Harnett County (whatever the case may be ) at the following address: Post Office Box 769 Lillington, North Carolina 27546 - -.- -- --- -- 663 H. Parmer. Homa Admlnl.tration. It is understood that the construction of the water distribution system, connection pipeline and meter facility by the Purchaser is being financed by a loan I made or insured by and/or a grant from the United States of America, acting through the Farmen Home Administration of the United States Department of Agriculture, and the provisions hereof pertaining to the undertakings of the Purchaser are conditioned upon the approval, in the writing, of the State Director of the Farmers Home Administration. I. Authority. The Purchaser, the County and the District represent and warrant, each to the others, the existence of all capacity, authority, resolutions and actions necessary to execute this Agreement. J. TriDlicate Oriainals. This Agreement is executed in triplicate originals, one of which is retained by each party hereto. Executed by South Central Water and Sewer Di.trict of Harnett County, this day of , 1990. South Central Water and Sewer District of Harnett County By Lloyd G. Stewart, Chairman, Board of Commis.ioners of Harnett County, sitting as the governing body of South I Central Water and Sewer District of Harnett County Attest: Vane.sa W. Young, Clerk to the Board and of the District . Executed by the County of Harnett, this day of , 1990. County of Harnett By Lloyd G. Stewart, Chairman, Board of Commissioners of Harnett County Vanes.a W. Young Clerk to the Board Executed by the Town of Linden this day of 1990. Town of Linden By Velma Davis, Mayor Attest: Frances Collier, Clerk I This Agreement is approved on behalf of the Farmers Home Administration this day of , 1990. By Title 664 DOCUMENT NO. 5 Resolution Establishing Procedures Regarding Contract II, Water Facilities project - Phase I (Southwest Water and Sewer District of Barnett County) THAT WHEREAS, the Harnett County Board of Commissioners, sitting as the governing body of the Southwest Water and Sewer District of Harnett County (hereinafter the -Board-) has received from the Consulting Engineers the Discussion of Bids which states the results from the public bids on Contract II of the Phase I Water Distribution Facilities Project for the Southwest and Sewer District of Harnett County (hereinafter the -District-); and WHEREAS, the Engineers' Discussion of Bids has identified an I objection to the bid of the lowest bidder, Crowder Construction Company of Morrisville, North Carolina; and WHEREAS, the attorney for the District has reviewed and analyzed the bid of Crowder Construction Company and the facts and circumstances regarding the same and rendered an opinion to the Board that such bid is invalid due to the failure of said bidder to be properly licensed for the work bid as provided under the laws of this State; and WHEREAS, the Board, upon recommendation of counsel, considers it appropriate to find the bid of Crowder Construction Company to be invalid; and WHEREAS, the next low bidder for the contract is R.H. Moore Company of Murrells Inlet, South Carolina with a lump sum bid of $283,300; and, WHEREAS, all bids received exceeded the engineer's estimate of the contract amount and the funds available for the referenced Water Distribution Facilities project; and WHEREAS, the bid of said R.H. Moore Company appears to be in good order, such that it will be the lowest responsible bidder for the work, and WHEREAS, North Carolina General Statute S143-129 provides that in the event the lowest responsible bid is in excess of the funds available for the project, the responsible governing body is authorized to enter into negotiations with the lowest responsible bidder making reasonable changes in the plans and specifications as may be necessary to bring the contract price within the funds available; and WHEREAS, the Board now desires to establish the procedures to next to be followed with regard to the said Contract II and to make certain findings and conclusions related thereto. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners I of the County of Harnett, sitting as the governing body of the Southwest Water and Sewer District of Harnett County, that: 1- Due to the failure of Crowder Construction Company to be properly licensed for the work bid as provided under the laws of this State, the bid of said Crowder Construction Company is hereby declared and found to be invalid and is thereby rejected, as authorized by the General Statutes of North Carolina. 2. The appropriate representatives of the District are hereby authorized to negotiate with R.H. Moore Company, the lowest responsible bidder for the contract, pursuant to and in accordance with North Carolina General Statute S 143-129. Duly adopted this 19th day of November, 1990, upon motion made by Commissioner HlldW1 , seconded by Commissioner Shaw and adopted by the following vote: Ayes 5 Noes 0 Abstained 0 Absent n Board of Commissioners of the County of Harnett sitting as the governing body of the Southwest Water and Sewer District of Harnett County ~ . By: ~~; ~ .;rrJ oydLG. Stewart, Chairman of th Board ~'tAJ~ Vanessa W. Young, Cl t the Board and of the Dis ict I 665 ATTACHMENT TO DOCUMENT NO. 5 I BLACK · VEATCH 81D fA8U~AfION SUMMARY IIV 'roJ.c\. 1$'73.~00 $$~O Cen\.ryle~ Drly, W.I.r Dillribulion Sysl'. T.~ul.\,d I,. ~... lo~les Sul\e 114 Se\-up Iy. ~... 10~le. R.lel,h,~N6r\h C.rolln. 27606 Soulhw'll W.I,r .nd S'~'r DIs\rlc\ Ch'cke~ Iy. A.'. Lorenaen 191" 1$1-0$00 Phn. I A",oYeIll Iy. R.I. Trou\..n H.rn,11 Counly, Norlh C.rolln. ------ CONTRACT II BOOSTER PUMPING STATION .------- --..-.--.-.---.---.----- ---------.-------------- ------------------------ N.., .nd Addres. Hoqu. El.elr;< fowns.nd EI.c\rlc W.\son EI,c\rlc of IIdder lillinqlon, N~ 27~46 lu.berlon, Nt Wlhon, Nt S.cUon lid II II II ' BId Securl\y YU;'u yes Add,ndu. Aeknowled,ed Y'I y" y" OIl"Uonn.I,e yu.)ln y" Co.plllne,I,,\u,n\ yn yn y" NoUn To... Non-51,,,,.I,d F.cilili" yn 1" yes Bidd'" R,pod... '''norily. p.,Ueip.lion yn yn y" liD 161,$00 $63,100 $67,44B N... .nd Addr,.s Crowd.r Conslr. Co. R.H. "oore Co.p.n)l Iry.n\ El,c\rlc Co. of Bidder Morrisvill., NC 27$60 "lI,r,lls Inl.I, Ie 2'576 HI,h 'oln\, Nt 27262 SteUon lid Co.bin.\ion Co.bln.\lon C..lIln.llon Bid Stcu,lty y.. yu yn Add.ndu. Aeknollhd9.d yn yu )In OUUllOM"" yn yu yn Co.plllnc; S\i\..en\ yft 'yu yn Notice To... Non-Seq"q.l.d F.cUllin yn 'y" yn Ildders Rep.r\... "Ino,ily P.rticlp.lion Y'I y,s yes 110 1273,700 un,300 ,$2'0,000 N.., .nd IIdd"ss V.I., Conllr, CO, I'HEREBY CERTIFY THAT THIS II A TRUE TAIULATION of Ildd., Slok.ld.l., Nc Z73~' OF BIDS RECEIVED THE 26TH OAT OF OCTOIER, "'0 FOR THE SOUTHWEIT WATER AND IEWER DIITRICT OF S.ction lid I HARNETT COUNTY, NORTH CAROLI~ FOR CONTRACT II - lid S,curl\y yft SECTIONS I, II AND CO"'I~TlON, WATlA DIITIUIUTlON Add.ndll. Ackno~hd,ed yu IYlTE" - PHAII I. ~ OunUonn"" yft Co.pll.nc, 81.\,.en\ Y'I Notic, To... Non-S""9.I,d F.cilili,s Y'I I ....." ....,.... nI.,,", ,,,,,,,.."'- ,.. ~t.. . ...J.. /o''l''.!(} RAL'H E. TR~I' !I"" lID 1243,000 ...\\ ~\\-\ ~X.ROI "" ........::... f;::) .......~.. <'/A. ", , ! "'....~~tSSIO~~:.:~ ~ .. ..~ .~.... 5 i SEAL (' \ ~ .. . . - - : \ 10977 ; = ~ ~ '. ~ .1: ~ ~ ',l'IC/AIC~~ ..' ~ .,: .... ~,.o." ,,~ .' ~-.~ "" is' .......c,.. ,~\r....:l "'" E'. T RO'V """ 1'".....",,' I 666 DOCUMENT NO. 6 LIST OF' RECORDS TO BB DBSTRO.1.IW (O.S. 121-5 (b) 1. Vitals- Delayed Birth Certificates AppUcatlons and Information I for applyinc for a Delayed Birth Certlf1cate: Year 1981 1980 1979 1977 1978 1974 2. UCC P'lnancing Statements Purged mes: Year 1982 1983 1984 3. , UCC C..'.....-spondence for Record Searches: Year 1989 1988 1987 1988 4. UCC's Verify Report . C.'.._;'et:lons Logan-Systems I Year 1989 5. Real Bstate Books That Have Been F.i1med: Year 1990 Book 913 Book 918 Book 917 Book 918 Book 919 Book 920 Book 921 I . DOCUMENT NO. 7 667 November 19, 1990 H~. Anthony E. Nastasi L. ROBERT KIHBALL & ASSOCIATES 615 West Highland Avenue Ebensburg PA 15931 RE: Arc/Info Mac~o Dea~ Tony: I I am writing this lette~ to aff1~1l ou~ position regarding the Arc/Info Macro Language as prepa~ed by your coapany. In accordance with the aapping contract ente~ed into in November, 1990, you have agreed to supply certain AHL'. to the County for our benef1t and u.e in digital mapping. In return, Ha~nett County ag~ees not to t~ansfer or .ublease any of the.e aacrols. The County ~ecognize. these aacro's as the property of L. Robe~t Kimball & Associate., including all docuaentation and associated mate~ials and agrees to protect this inforaation from unauthorized rep~oduction, publication, dlsclosure or dlstribution; not to remove, alter o~ cover over any proprietary stateaent, notice, documentation, copyright, salesaark or trademark appearing on the macro program package, docuaentatlon, or a.soclated .ate~lals ~ecelved. The county agrees to instruct employees having access to the macro prograa package, documentation, and associated materials of its confidential and proprietary nature. The County intends to use the macro program package In the Land Records Office for maintenance and other necessary functions of that off1ce. Sincerely, DOCUMENT NO. 8 ~1l:.K~l::NCY MrulCAL SERV lCES ORGANIZATION awrr PROPOSED I I County Comnissione,rs County Manager '. " , .. , I EMS Director EMS . Clerk III ~ .. .. T\sst. Direc;r & . Training Of ice': I <, , 0 t " r EMf-AI ~-Al I EMf-AI r gt. . S~t. Sgt. . - o. r I EMf-AI I 0 I I EMf-AI EMf-AI EMf-AI EMf-AI . EMf-AI ~I J EHl' -AI ~. " EMf-AI , ,bfr-I 6 6 8 DOCUMENT NO. 9 HARtJETT :OUNT'v NORTH CAROLINA RESOLUTION TH(\T lrJHERE()S. I"'r. :~a','"()c:od I-fall was appointe:-d ':0 the '-'a'-,et~ Count." Plarning Boar:: on r'l.,y 6, 197/.; and WHEFEAS, Mr. Ha/wc~d Hall provid~d servic0 to ':he CGU~r &~r si:<teen years a~ ~ r~e'~Der oi" the Harnett COl:nt( Planniny B,::~(.d= anlj I WH~RE~S. his willingness and concern ~or the ~~~elopment of Harnett County has led to construction growth and ~pvelopment for the County; and WHEREAS, his dedication and contributions havu been greatly appreciated by the H~rnett County Board of Commi5~ionur5 as well as the entire County; NOW THEREFORE, Be it resolved by the Harnett County Bear:: Of Com~lssioner5 that, Haywood Hall is hereby comme~ded for ~~5 invaluable and i~mea5urable service, that a copy nf this resolution shall be :;llven to "Ir. 1-/0311, a copy sp"ead upc.... tr-e:. minutes of the Board and a copy furnished to the ne~ia. This 19th da~ of Nove~ber. Ni~E'teen Hundred and Ni"~ty L,C.Pt-,iETT COUNTY BOPFD ~t:- COt'It'1I ':::C:,: D: :EP:: ~~~~t- V/) (Lloyd G. St!?l':d~t. ':h;:.i'-",:,' L '1JJ. 'V'J.<.c.A/ "/'l'1':?'; '.,3 l~. "'OLll'gt - ~~J;::- C:1 U',~ ;]0,'11"'-; DOCUMENT NO. 10 I HARNETT COUNTY NORTH CAROLINA RESOLUTI ON THAT WHEREAS. Mr. Casey Fowler was appointed to the Planning Board in Mav 1966; and WHEREAS, Mr. Fowler s~rved as Chairman of the Planning Board from the time of its creation until 19B9; and WHEREAS, during Mr. Fowler's twenty four years of service ~e has e~hibited conscientious leadership, and a unending dedication to the progress and welfare of Harnett County; .and WHEREAS, Mr. Fowler has provided an excellent example for other Board members and the citizens of Harnett County; and WHEREAS, his contributions to the County have been gr~atly appreciated by the Harnett County Board of Commissioners as well as the entire County. NOW THEREFORE, Be it resolved by the Harnett County Board of Commissioners, that Mr. Casey Fowler is hereby commended for all of his hard work and sacrifice as the Chairman and Vice Chairman of the Harnett County Planning Board, That the Harnett County Board of Commissioners recognize the invaluable and immeasurable service provided by Mr. Fowler. That a copy of this resnluticn shall be given to Mr. Fowler, a copy spread upon the minutes of the Board and a copy furnished to the media. This 19th day of November, Nineteen Hundred and Ninety HARNETT COUNTY BOARD OF COMMISSIONERS I ~v!! df:~tm.o L'tJ.YJ~ V-Jne'5';;3 W. v"u1"'1. t l,:?!-~' Ot;) the 3C,;lI-d HARNETT COUNTY 669 DOCUMENT NO. 11 NORTH CAROLINA RESOLUTION THAT WHEREAS, Harnett County is currently being provided Job Training Partnership Act programs through the Wake/Johnston/Harnett JTPA Service Delivery Area administered by the Capital Area Job Training Consortium, and WHEREAS, Harnett County has evaluated its Job Training Partnership Act programs and is considering requesting authorization I for redesignation of Service Delivery Area to Mid-Carolina Service Delivery Area, and WHEREAS, Barnett County desires to improve and enhance their Job Training Partnership Act programsl and WHEREAS, it has been determined that Harnett County should first request app~oval of the Mid-Carolina Service Delivery Area, to accept Barnett County into the Service Delivery Area. NOW, THEREFORE, BE IT RESOLVED that the Barnett County Board of Commissioners requests the Mid-Carolina Council of Governments, approve the proposed ..rger of Harnett County into the Mid-Carolina Service Delivery Area, with membership on Private Industry Council as related to Job Training Partnership Act programs. Adopted this 19th day of November, 1990. HARNETT COUNTY BOARD OF COMMISSIONERS ~sdJar&:d . ATTEST: '1C~ '1 ~. ~-'-" Vanessa W. Young, ~ erk 0 I DOCUMENT NO. 12 Re.olution Regarding Selection of lir. to Provide Ad.ini.tration Service. Co..unity Develop.ent Block Grant Project Clcono.ta Develop.ent) ~HA~ WHIRIAS, the Board of Commissioners of Harnett County (hereinafter sometiaes referred to as the "Board") has indicated its desire to assist in Economic Developaent efforts within Harnett County, and WHIRIAS, the county applied for a Coaaunity Development Block Grant in the Econoaic Developaent category and has received preliainary approval for said project, and WHIRIAS, 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 WHIRIAS, the County thereafter received proposals from the following consultant firm, to wit, Skip Green and Associates Raleigh, North Carolina I and WHIRIAS, the following persons reviewed the proposals submitted for the purpose of recoamending a consultant firm to the Board, Tom Heece, Harnett County Economic Developaent Commission, and WHIRIAS, it is the opinion of said individuals that the best qualified and aost appropriate fira 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 - 1 670 VBBRBAS, it is the unanimous recommendation of the above named persons that the Board select Skip Green & Associates to administer a Community Development Block Grant - Economic Development, and I WHERBAS, the Board upon said recommendation, finds that based on demonstrated competence 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 VaBUAS , the Board desires to select Skip Green & Associates to administer the aforementioned grant and further desires to autho~ize the negotiation of a contract for the same. ROW, ~aBRBrORB, BB I~ RBSOLVBD by the Board of Commissioners of the County of Harnett that, 1- Skip Green & Associates of Raleigh, North Carolina is selected as the consultant to 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 the administration procedures lIay begin. Duly adopted this 19th day of November, 1990, upon motion lIade by Commissioner Hudson , seconded by I COllmissioner Smith , and adopted by the following vote. AYES 4 NOES 0 ABSENT 1 ABSTAINED 0 BOARD or COMMISSIONERS or THE COUNTY or HARNETT BY, tJ.t-. -h At.v-...-J ~ Lloy Stewart Chairman of the Board ATTEST. ~~:/L!~ Clerk to the Boar I .