12211987 (3)46'2
HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, DECEMBER 21, 1987
CALL TO ORDER
PRAYER
MINUTES APPROVED
RESOLUTION RE:
FLAT BRANCH FIRE
DISTRICT
RESOLUTION RE:
BOUNDARY LINE BETW.
FLAT BRANCH & FLAT -
WOODS FIRE DIST.
TWIN OAK ESTATES
The Harnett County Board of Commissioners met in regular session on
Monday, December 21, 1987, at the County Office Building, Lillington,
North Carolina, with the following members present: Rudy Collins, Bill
Shaw, Mack Reid Hudson, Mayo Smith, and Chairman Lloyd G. Stewart
presiding. Others present were: Dallas H. Pope, County Manager; Vanessa
W. Young, Clerk to the Board; Glenn Johnson, County Attorney, and Kay S.
Blanchard, Recording Secretary.
Chairman Stewart called the meeting to order at 7:40 p.m.
Commissioner Smith led the evening prayer.
The minutes for the Board of Commissioners meeting of December 7, 1987
were approved.
Holt Felmet presented a resolution concerning expansion of Flat Branch
Fire District. Commissioner Shaw made a motion to adopt 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
December 21, 1987, as document No. 1.
Holt Felmet presented a resolution concerning relocation of boundary line
between Flat Branch Fire District and Flatwoods Fire District.
Commissioner Shaw made a motion to adopt 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 December
21, 1987, as document No. 2.
John M. Phelps, II, Public Utilities Attorney, presented an agreement
between Thomas F. Smith and Billy B. Surles and Northeast Metro and
Harnett County relating to Twin Oak Estates. Commissioner Collins made a
motion to enter into the agreement. 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 December 21, 1987 as document
No. 3.
KINNIS CREEK ESTATES John M. Phelps, II, Public Utilities Attorney, presented an agreement
between Bobby Joe Revels and Carley McLeod and Northeast Metro and Harnett
County, relating to Kinnis Creek Estates. Commissioner Collins made a
motion to enter into the agreement. 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 December 21, 1987, as document
No. 4.
WATER PURCHASE CONT. John M. Phelps, II, Public Utilities Attorney, presented a resolution
NORTHWEST W & S concerning Water Purchase Contract by the County with Northwest Water and
DISTRICT Sewer District. Commissioner Collins made a motion to adopt the
resolution. Commissioner Hudson seconded the motion and it passed with a
unanimous vote. The resolution and contract are copied in full at the end
of these minutes dated December 21, 1987 as document No. 5.
WATER PURCHASE CONT. John M. Phelps, II, Public Utilities Attorney, presented a resolution
WEST CENTRAL W & S concerning Water Purchase Contract by the County with West Central Water
DISTRICT and Sewer District. Commissioner Collins made a motion to adopt the
resolution. Commissioner Hudson seconded the motion and it passed with a
unanimous vote. The resolution and contract are copied in full at the end
of these minutes dated December 21, 1987, as document No. 6.
PARKS & REC. BRIEF. Alice Powell, Director, Parks and Recreation Department briefed the Board
on activities and programs offered by the Parks and Recreation Department.
Miss Powell was commended for her work in coordinating the programs and
keeping the parks well maintained.
RIVERSIDE GRANT
PROJECT ORDIN.
BUDGET AMEND.
LANDFILL
BUDGET AMEND.
JAIL
C. T. Clayton, P.E., Ragsdale Consultants, Inc., presented for
consideration a Grant Project Ordinance for Riverside Community
Development. Commissioner Hudson made a motion to adopt the Grant Project
Ordinance. Commissioner Shaw seconded the motion and it passed with a
unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment
for the Landfill to purchase a payscraper:
code 10- 6600 -074
code 10- 6600 -037
code 10- 6600 -039
Capital Outlay - Equipment $67,382.00 Increase
N.C. Sales Tax 2,771.00 Increase
County Sales Tax 1,847.00 Increase
Commissioner Smith made a motion to approve the budget amendment.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested a budget amendment for the Jail;
code 1 -5120 -033, Materials & Supplies, increase of $1,600.00. The budget
amendment is needed due to unexpected expenses in materials and supplies
468
BUDGET AMEND.
PUBLIC UTILITIES
for new Jail. Revenue will come from reimbursement from other counties
for housing inmates - no new County money required. Commissioner Collins
made a motion to approve the budget amendment. Commissioner Smith
seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested a budget amendment for Public
Utilities water fund; code 30- 8100 -199, Lease Payment, Increase of
$247,619.00 and code 30- 8100 -200, Contingency, Decrease of $47,619.00;
transfer from General Fund in amount of $200,000.00. The budget amendment
is needed to budget debt service payment in the Water District's operating
budget. Commissioner Hudson made a motion to approve the budget
amendment. Commissioner Smith seconded the motion and it passed with a
unanimous vote.
BUDGET AMEND. Vanessa W. Young, Finance Officer, requested the following budget
SECT. 8 HOUSING amendment for Section 8 Existing Housing, HUD fund:
code 80- 4150 -000 Travel $2,000.00 Increase
code 80- 4170 -000 Accounts & Audit Fees 500.00 Increase
code 80- 4190 -000 Sundry Administrative Expenses 9,625.00 Increase
code 80- 4715 -100 HAPP payments 287,452.00 Increase
code 80- 4715 -200 Utilities Paid to tenants 20,000.00 Increase
The budget amendment is needed to include new budget figures that were
adopted by the Board for the 18 -month budget from January 1, 1987, to June
30, 1988. Commissioner Collins made a motion to approve the budget
amendment. Commissioner Hudson seconded the motion and it passed with a
unanimous vote.
BUDGET AMEND. Vanessa W. Young, Finance Officer, requested the following budget
MOD. REHAB. amendment for Moderate Rehabilitation, HUD fund:
code 82- 4150 -000 Travel $1,000.00 Increase
code 82 -4170 -000 Accounts & Audit Fees 2,000.00 Increase
code 82- 4190 -000 Sundry Administration Expenses 4,878.00 Increase
code 82- 4715 -100 HAPP Payments 94,699.00 Increase
code 82- 4715 -200 Utilities Paid to Tenants 20,000.00
The budget amendment is needed to include new budget figures that were
adopted by the Board for the 18 -month budget from January 1, 1987, to June
30, 1988. Commissioner Hudson made a motion to approve the budget
amendment. Commissioner Smith seconded the motion and it passed with a
unanimous vote.
BUDGET AMEND. Jerry Blanchard, Director, Transportation and Procurement, requested a
TRANS. $ PROCUREMENT budget amendment in order to purchase software for inventory control,
fixed assets, vehicle maintenance and one IBM computer; code 10 -5550 -074,
Capital Outlay- Equipment, Increase of $7,900.00. Commissioner Smith made
a motion to approve the budget amendment. Commissioner Hudson seconded
the motion and it passed with a unanimous vote.
REORGANIZATION
APPOINTMENTS
Commissioner Hudson made a motion for reorganization appointments as
listed below. Commissioner Smith seconded the motion and it passed with a
unanimous vote.
Appointments:
County Attorney - Glenn Johnson
Public Utilities Attorney - John M. Phelps, II
Tax Attorney/
Social Services Attorney - Marshall Woodall
Veterans Service Officer- Jean Irvin
Appointments to Committees and Boards:
Social Services Board - Lloyd G. Stewart
Mental Health Board - Mack Reid Hudson
Public Health Board - Lloyd G. Stewart
Library Board - Bill Shaw and Rudy Collins.
Production Enterprises Board - Mack Reid Hudson
Building & Grounds Committee - Bill Shaw
Law Enforcement Committee - Rudy Collins
Landfill Program - Bill Shaw
EMS Committee - Mayo Smith
Region "M" Board - Mayo Smith
Parks & Recreation Committee - Mayo Smith
Rudy Collins
Personnel Committee - Dallas H. Pope
Mack Reid Hudson
Rudy Collins
Lewis Rosser
Jack Bryan
Addie McLean
Pat McKee
463
APPOINTMENTS TO
YOUTH PLANNING
BOARD
Commissioner Smith made a motion to appoint the following persons to serve
on the Harnett Youth Planning Board for a term expiring December 31, 1988:
Linda H. Stephens, P. 0. Box
Jane H. Smith, P. 0. Box 688,
Wanda Bethune, P. O. Box 264,
Ed McCormick, Rt. 4, Box 434,
Mack Reid Hudson, Rt. 1, Box
1001, Lillington, NC
Lillington, NC
Lillington, NC
Lillington, NC
316, Benson, NC
and the following persons whose terms will expire December 31, 1989:
Julia Powers, 502 Alan Street, Angier, NC
Terrie McGowan, P. 0. Box 1089, Lillington, NC
Cecile Coats, Rt. 2, Box 362, Linden, NC
Henry Cox, P. 0. Box 355, Lillington, NC
John Phelps, P. 0. Box 39, Lillington, NC
Rhonda Ennis, P. O. Box 1102, Lillington, NC
R. Gerald Smith, P. 0. Box 85, Lillington, NC
Commissioner Collins seconded the motion and it passed with a unanimous
vote.
RESOL. RE: Tom Meece, Director, Planning and Development, presented a resolution
NC INDUST. FACILITIES oncerning Harnett County becoming a member of the North Carolina
AND POLLUTION Industrial Facilities and Pollution Control Financing Authority.
CONTROL FINANCING Commissioner Smith made a motion to adopt the resolution and that Tom
AUTHORITY Meece be appointed as the Commissioner of the Authority for the County of
Harnett. 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 December 21, 1987, as document No. 7.
SUBDIVISION PLAT: Carla Stephens, Planner /Developer, presented a subdivision plat for L. W.
L.W. BENNETT TRUST Bennett Trust located in Buckhorn Township. Commissioner Collins made a
motion to approve the subdivision plat. Commissioner Smith seconded the
motion and it passed with a unanimous vote.
SUBDIVISION PLAT: Carla Stephens, Planner /Developer, presented a subdivision plat for Spring
SPRING MEADOW ACRES Meadow Acres located in Hector's Creek Township. Commissioner Collins made
a motion to approve the subdivision plat. Commissioner Smith seconded the
motion and it passed with a unanimous vote.
SUBDIVISION PLAT: Carla Stephens, Planner /Developer, presented a subdivision plat for
BRIARWOOD SUBDIV. Briarwood Subdivision located in Buckhorn Township. Commissioner Smith
made a motion to approve the subdivision plat. Commissioner Collins
seconded the motion and it passed with a unanimous vote.
SUBDIVISION PLAT:
JAMES V. STANCIL,
JR.
Carla Stephens, Planner /Developer, presented a subdivision plat for James
V. Stancil, Jr. Subdivision located in Upper Little River Township.
Commissioner Hudson made a motion to approve the subdivision plat.
Commissioner Smith seconded the motion and it passed with a unanimous
vote.
DRAFT OF ZONING Carla Stephens, Planner /Developer, presented a proposed draft of a Zoning
ORDINANCE Ordinance for Harnett County.
ADJOURNMENT There being no further business, the Harnett County Board of Commissioners
meeting of December 21, 1987, duly adjourned at 9:30 p.m.
. Stewart, Chairman
/( SaAtat
Kay S. lanchard, Recording Secretary
Pr-
470
DOCUMENT NO. 1.
NORTH. CAROLINA
HARNETT COUNTY
RESOLUTION
WHEREAS, the Harnett County Board of Commissioners has received
an application signed by a two - thirds majority of the landowners in
each of the below described areas requesting that areas hereinafter
described be added to the Flat Branch Fire District; and
WHEREAS, the Harnett. County Board of Commissioner received a
resolution adopted by a majority of the members of the Board of
Directors of the corporation furnishing fire protection services to
the Flat Branch Fire District, said resolution approving the increase
of the boundaries of the district to include these areas; and
WHEREAS, at its November 16, 1987 meeting this Board called for a
public hearing to be held at the County Office Building at 7:00 p.m.
on December 21, 1987; and
WHEREAS, said public hearing was duly advertised in a newspaper
having general circulation in the district once per week for two
successive weeks immediately prior to said public hearing; and
WHEREAS, additionally said public hearing was advertised by
posting notice of hearing at the Courthouse door for more than fifteen
(15) days prior to the •hearing; and
WHEREAS, said hearing was further advertised by the posting of
notice of hearing at three (3) public places in each respective area
to be added to the district; and
WHEREAS, a public hearing was held at 7:00 p.m. on December 21,
1987 at the County Office. Building pursuant to.N.C.G.5. §69- 25.11.
•
NOW, THEREFORE, BE IT RESOLVED that the area of the Flat Branch
Fire District be increased to include the following three (3) land
areas:
Area I: BEGINNING at a point (1) on N.C. Highway.
#210, 0.9 miles South of the intersection of old N.C.
Highway #210. and Shaw Road (Road #1120) [said point being in
the original boundary of Flat Branch Fire District and
having been designated as point (12) in that description];
thence in an easterly direction to a point (2) at the
intersection of Blalock Road (Road #1120) and Elliot Bridge
Road (Road #2045) thence in a northeasterly direction as the
center line of Elliot Bridge Road (Road #2045) to a point
(3) (having been designated point 14 in the original Fire
District description) on. Elliot Bridge Road (Road #2045) at
its intersection with McArtan Road (Road #2043); thence in a
north westerly direction as the original boundary of the
Flat Branch Fire District to a point (4) (having been
designated point 13 on the original Fire District
description).on Shaw Road (Road #1120) 0.6 miles East of its
intersection with State Road (Road #2046); thence' as the
original boundary of the fire district in a south westerly
direction to the point of BEGINNING.
Area II: BEGINNING at a point (1) on N.C. Highway 27,
0.5 mile. West of the intersection of N.C. Highway 27 and
N.C.S.R. #1130; said point (1) being the point where the .
original fire district line crossed N.C. Highway 27; thence
in a southwesterly direction as the center line of N.C.
Highway 27 to a point (2) at the intersection of N.C.
Highway 27 and Nursery Road (Road #1117); thence as the
center line. of Nursery Road (Road #1117) to a point (3) at
the intersection of Nursery Road (Road #1117) and Darroch
Road (Road #1128); thence in a southeasterly direction to a
point (4) at the intersection of Senter Road (Road #1125)
and Black Road (Road #1126); thence in a southeasterly
direction to a point (5) on Blalock Road (Road #1120), 0.9
mile Southwest- of its intersection with old N.C. Highway
210; thence as the original line of the Flat Branch Fire
District northwesterly to a point (6) on Senter Road (Road
#1125) , 1.6 miles West of its intersection with old N.C.
Highway #210; thence again as the original line of the fire .
district in a northerly direction to a point (7) on Black
Road (Road #1126), 0.9 mile South of its intersection with
Darroch Road (Road #1128) (inclusive of all properties on
the eastern side of Road #1126); thence again as the
original Fire District in a northwesterly direction to a
point (8) on Darroch Road (Road #1128), 0.2 mile West of its
intersection with Womack Road (Road 01140); thence again as
the original Fire District boundary in a northeasterly
direction to a point (9) on Clark Road (Road #1129), 1.7
47i
1
miles West of its intersection with Parker Road (Road
*1130); thence again as the original Fire District boundary
in a northeasterly direction to the point of BEGINNING.
Area III: BEGINNING at a point (1) on McLean's Chapel
Road (Road *2042) 0.5 miles East of its intersection with
Elliot Bridge Road (Road *2045) (having been designated point
15 in the original Fire District description) and running
thence in a northeasterly direction as the center line of
McLean's Chapel Road (Road *2042) to a point (2) in the line
of Flatwoods Fire District which is point (14) in the
description of Flatwoods Fire District and is on Pengraph
Road (Road *2030) at its intersection with McLean's Chapel
Road (Road *2042); thence as the original boundary of the
Flat Branch Fire District in a southwesterly direction to a
point (3) on Temple Road (Road *2039) 1.6 miles South of its
intersection with Pengraph Road (Road *2030); thence in a
southwesterly direction as the original boundary of the fire
district to the point of BEGINNING.
Passed this the 21st day of December, 1987.
Votes: AYE 5
NAY 0
Attested:
By:
HARNETT COUNTY BOARD OF COMMISSIONERS
DOCUMENT.NO. 2.
NORTH CAROLINA
HARNETT COUNTY
oyd Stewart, Chairman
RESOLUTION
WHEREAS, the Board of Directors of the two corporations
furnishing fire protection services to Flat Branch Fire District and
Flatwoods Fire District have adopted by majority vote a resolution
that the boundary between said Districts on the eastern end of the
Flat Branch Fire District and the western end of Flatwoods Fire
District be relocated to be the center line of RPR 2042; and
WHEREAS, the original boundary was an imaginary line several feet
Northeast of RPR 2042 and it is difficult to determine what department
should respond to a particular call; and
WHEREAS, it would be beneficial to have a natural boundary as the
line between the two districts; and
WHEREAS, pursuant to the request of the Board of Directors of the
respective fire districts a public hearing was called for 7:00 p.m.,
December 21, 1987 to determine whether the line should be relocated
between the two districts; and
WHEREAS, the two fire districts have in effect the same tax rate
for the tax year 1987; and
WHEREAS, notice of the public hearings was duly published in a
newspaper of general circulation within the districts affected once a
week for two consecutive weeks before the public hearing; and
WHEREAS, a public hearing was held at 7:00 p.m. on December 21,
1987;
472
DOCUMENT NO. 3.
.NOW, THEREFORE BE IT RESOLVED that at all points where the lines
of Flat Branch Fire District and Flatwoods Fire District ',join on or
near RPR 2042 that the boundary line of said districts be relocated to
be the .center line of N.C.S.R. 2042.
Passed this the 21st day of December, 1987.
AYES:
NAYS:
This the 21 day of December, 1987.
HARNETT COUNTY ' BOARD OF COMMISSIONERS
%?J �oyd Stewart, Chairman
Attested: C�'
Anvv -a,4OJ l )
Vanessa W. Yj4ung,UClerk.
NORTH CAROLINA
HARNETT COUNTY
AGREEMENT
This. Agreement, made and entered into this the 21 - day of
December , 1987, by and between THOMAS F. SMITH and BILLY
B. SURLES; (hereinafter referred to as "DEVELOPER "), . parties of
the first part and the NORTHEAST METROPOLITAN WATER DISTRICT OF
HARNETT COUNTY, a metropolitan water district organized and
existing under the laws of the State of North Carolina
(hereinafter referred to as "NORTHEAST METRO ") and the COUNTY OF
HARNETT, a body politic organized and existing under the laws of
the State of North Carolina (hereinafter referred to as
"COUNTY "), parties of the second part.
W I T N "E S S E T H:
WHEREAS, Developer is the owner of certain tracts or parcels
of real estate located in Black River Township, in Harnett
County, North Carolina containing approximately 18 acres, and
WHEREAS, Developer is developing and subdividing said real
estate into a residential community known as Twin Oak Estates;
and
WHEREAS, Developer desires to construct water distribution .
pipelines and related . appurtenances in said residential community
and desires to thereafter convey said pipeli nes, along with
certain easements and rights of way thereto pertaining, to
Northeast Metro and County for the purposes herein expressed; and
WHEREAS, County is operating a utility
department and is conducting the business of Northeast Metro and .
is delivering water services through Northeast Metro waterlines;
and
WHEREAS, upon conveyance of said pipelines, County and
Northeast Metro desire to maintain said water distribution
pipelines and related appurtenances and provide water services to
said residential community to perform one of their governmental
functions; and
47 t;
WHEREAS, the parties hereto desire to set forth the various
terms of their agreement;
NOW THEREFORE, in consideration of the mutual
representations, warranties, covenants and agreements contained
herein, and for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
I. Construction of Pipelines and Related Appurtenances
Developer agrees to install and construct the necessary
water distribution pipelines and related appurtenances,
(hereinafter collectively referred to as water distribution
system), to distribute and deliver potable water to individuals
living within the residential community described above, upon the
following terms and conditions:
(1) The entire water distribution system shall be
constructed in accordance with the specifications of Northeast
Metro and /or County as provided through the County Department of
Public Utilities;
(2) The said water distribution system shall be
approved by the necessary federal and /or state agencies prior to
or at the time of completion;
(3) Prior to the commencement of the construction
and installation of said water distribution system, Developer
shall provide the County Department of Public Utilities shop
drawings of all materials to be used for construction.
II. Planning /Zoning Requrirements
Developer agrees that the plans for said residential
community and water distribution system shall conform to all
federal, state, and /or local ordinances related thereto and
agrees to obtain the necessary licenses and /or permits required
for the construction thereof.
III. Water Distribution System Conveyed
Upon completion of the construction of the said water
distribution system, and approval and acceptance thereof by
Northeast Metro and /or County through the County Department of
Public Utilities, Developer agrees to convey by Deed to Northeast
Metro and County all water distribution pipelines and related
appurtenances, constituting the water distribution system, along
with all necessary easements and rights of way (as required by
Northeast Metro and /or County through the County Department of
Public Utilities) for the complete maintenance and operation
thereof.
IV. Completed System Drawings
Developer agrees to provide Northeast Metro, County
and /or the County Department of Public Utilities three (3) entire
seta of the drawings of the completed water distribution system
as constructed at the time said system is conveyed as provided in
Paragraph III above.
4 +' 4
•
V. Warranty.
A. Developer hereby warrants that the water .
distribution system to be constructed by Developer,. -and
thereafter conveyed to the parties of the second part as
described above, shall be constructed with good material and in a
workmanlike manner and shall be properly installed, based upon
sound engineering principle- and good workmanship, and shall be .
capable of transporting water and related substances in the
manner for which it was designed.
S. If the said water distribution system shall, within
twelve months from the date of acceptance thereof by the parties
of the second part, cease to operate as warranted, then the
parties of the second part shall cause the system to be corrected
and the cost thereof, including material and labor, shall be paid
by Developer. _
C. Developer shall and does, insofar as it legally may,
hereby assume, and agrees to indemnify and hold harmless-
Northeast Metro and County, their successors assigns, from
and against all loss, costs, expenses, including attorneys' fees,
claims, suits and judgments whatsoever in connection with
sickness, injury to or death of any person or persons, or loss of
or damage to property caused by or in any way connected with the
installation, use or presence of said water distribution system
in said residential community, howsoever caused, during said one
year warranty period.
VI. Operation and Maintenance
The parties of the second part, upon conveyance to them
of said system, easements and rights of way, as owners of the
water distribution system, agree to operate and maintain said
distribution system as part of the Northeast Metro water lines as
operated by the County Department. of Public Utilities.
VII. Water to be Supplied
The parties of the second part agree to provide, potable
water to those lot owners within said residential community that
enter into water user agreements with Northeast Metro and /or
County through the Harnett County Department of Public Utilities,
upon the terms and conditions of the applicable Rules and.
Regulations thereof.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seal the day and year first above written.
ATTErrfl
Vanessa W. Youn Cl rk
NORTHEAST. METROPOLITAN WATER'
DISTRICT OF HARNETT COUNTY.
(SEAL)
(SEAL)
BY:.' f ak //i
Charles V. Sikes, Chairman of the
Board of Northeast Metropolitan
Water District of Harnett County
tfi
A.yw.aai
Vanessa W. Young, Aler
DOCUMENT NO. 4.
NORTH CAROLINA
HARNETT COUNTY
BY:
COUNTY OF HARNETT
L o d tewart, Chairman
Harnet County Board of
Commissioners
AGREEMENT
This Agreement, made and entered into this the 21 day of
December , 1987, by and between BOBBY JOE REVELS and CARLEY
McLEOD, (hereinafter referred to as "DEVELOPER "), parties of the
first part and the NORTHEAST METROPOLITAN WATER DISTRICT OF
HARNETT COUNTY, a metropolitan water district organized and
existing under the laws of the State of North Carolina
(hereinafter referred to as "NORTHEAST METRO ") and the COUNTY OF
HARNETT, a body politic organized and existing under the laws of
the State of North Carolina (hereinafter referred to as
"COUNTY "), parties of the second part.
W I T N E S S E T H:
WHEREAS, Developer is the owner of certain tracts or parcels
of real estate located in Black River Township, in Harnett
County, North Carolina containing approximately 66 acres; and
WHEREAS, Developer is developing and subdividing said real
estate into a residential community known as Kinnis Creek
Estates; and
WHEREAS, Developer desires to construct water distribution
pipelines and related appurtenances in said residential community
and desires to thereafter convey said pipelines, along with
certain easements and rights of way thereto pertaining, to
Northeast Metro and County for the purposes herein expressed; and
WHEREAS, County is presently operating a public utility
department and is conducting the business of Northeast Metro and
is delivering water services through Northeast Metro waterlines;
and
WHEREAS, upon conveyance of said pipelines, County and
Northeast Metro desire to maintain said water distribution
pipelines and related appurtenances and provide water services to
said residential community to perform one of their governmental
functions; and
WHEREAS, the parties hereto desire to set forth the various
terms of their agreement;
NOW THEREFORE, in consideration of the mutual
representations, warranties, covenants and agreements contained
herein, and for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
476
I. Construction of Pipelines and Related Appurtenances
Developer agrees to install and construct the necessary
water distribution pipelines and related appurtenances,
(hereinafter collectively referred to as water distribution
system), to distribute. and deliver potable water to individuals
living within the residential community described above, upon the
following terms and conditions:
(1) The entire water distribution system shall be
constructed in accordance with the specifications of Northeast
Metro and /or County as provided through the County Department of
Public Utilities;.
(2) The said water distribution system shall be
approved by the necessary federal and /or state agencies prior to
or at the time of completion;
(3) Prior to the commencement of the construction
and installation of said water distribution system,. Developer
shall provide the County Department of Public Utilities shop .
drawings of all materials to be used for construction.
II. Planning /Zoning Requrirements
Developer agrees that the plans for said residential
community and water distribution system shall conform to all
federal, state, and /or local ordinances related thereto and
agrees to obtain the necessary licenses and /or permits required
for the construction thereof.
III. Water Distribution System Conveyed
Upon completion of the construction of the said water
distribution systems and approval and acceptance thereof by
Northeast Metro and /or County through the County Department of
Public Utilities, Developer agrees to convey by Deed to Northeast
Metro and County all water distribution pipelines and related
appurtenances, constituting the water distribution system, along
with all necessary easements and rights of way (as required by
Northeast Metro and /or County through the County Department of
Public Utilities) for the complete maintenance and operation
thereof.
IV. Completed System Drawings _
Developer agrees to provide Northeast Metro, County
and /or the County Department of Public Utilities three (3) entire
sets of the drawings of the completed water distribution system
as constructed at the time said system is conveyed as provided in
Paragraph III above.
V. Warranty.
A. Developer hereby warrants that the water
distribution system to be constructed by Developer, and
thereafter conveyed to the parties of the second part as
described above, shall be constructed with good material and in a
workmanlike manner and shall be property installed, based upon
sound engineering principles and good workmanship, and shall be
capable of transporting water and related substances in the
manner for which it was designed.
4'7 ?
B. If the said water distribution system shall, within
twelve months from the date of acceptance thereof by the parties
of the second part, cease to operate as warranted, then the
parties of the second part shall cause the system to be corrected
and the cost thereof, including material and labor, shall be paid
by Developer.
C. Developer shall and does, insofar as it legally may,
hereby assume, and agrees to indemnify and hold harmless
Northeast Metro and County, their successors and assigns, from
and against all loss, coats, expenses, including attorneys' fees,
claims, suits and judgments whatsoever in connection with
sickness, injury to or death of any person or persons, or loss of
or damage to property caused by or in any way connected with the
installation, use or presence of said water distribution system
in said residential community, howsoever caused, during said one
year warranty period.
VI. Operation and Maintenance
The parties of the second part, upon conveyance to them
of said system, easements and rights of way, as owners of the
water distribution system, agree to operate and maintain said
distribution system as part of the Northeast Metro water lines as
operated by the County Department of Public Utilities.
VII. Water to be Supplied
The parties of the second part agree to provide potable
water to those lot owners within said residential community that
enter into water user agreements with Northeast Metro and /or
County through the Harnett County Department of Public Utilities,
upon the terms and conditions of the applicable Rules and
Regulations thereof.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seal the day and year first above written.
LI',�9� R
Bobby Jo evels
(1I-A+-4, -m -:�
�
a rle .�ff
Carley c Le od
NORTHEAST METROPOLITAN WATER
DISTRICT OF HARNETT COUNTY
(SEAL)
(SEAL)
BY: atAt.D. Y- //w
Charles V. r es, Chairman of the
Board of Northeast Metropolitan
Water District of Harnett County
ATTEST:
BY
COUNTY OF HARNETT
1 Al d/i^.,
L�6 d S'ewar[, Chairman
Harnet County Board of
Commissioners
Vanessa W. Youn Cljrk
x478
DOCUMENT NO. 5.
RESOLUTION AUTHORIZING EXECUTION OF
WATER PURCHASE CONTRACT WITH
NORTHWEST WATER AND SEWER DISTRICT
OF HARNETT COUNTY
WHEREAS, the Harnett County Board of Commissioners, has examined
the Water Purchase Contract between the Northeast Metropolitan Water
District of Harnett County, the County of Harnett (hereinafter
"County ") and the Northwest Water and Sewer District of Harnett County
(hereinafter "District "), attached hereto as Exhibit "A"; and
WHEREAS, the County, as lessee and operator of the water
production and water supply distribution systems described in said
Water Purchase Contract desires to enter into said contract as
provided;
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that: - - -
1. Harnett County is hereby authorized to and shall enter into
the Water Purchase Contract attached hereto as Exhibit "A ".
2. Harnett County and its officers and agents are hereby
directed to execute said Water Purchase Contract.
Duly adopted this. 21 day of December, 1987, upon motion made by
Commissioner Rudy Collins , seconded by Commissioner Mack Reid Hudson and
passed by the following vote:
Ayes 5
Noes 0
ATTEST:
Vanessa W. Young, Cl C1 rk
NORTH CAROLINA
HARNETT COUNTY
Absent 0
Abstained
HARNETT COUNTY BOARD
OF COMMISSIONERS
Bv:
I
'L ° /�,
y G. Stewart, Chairman
EXHIBIT A
WATER PURCHASE CONTRACT
THIS CONTRACT for the sale and purchase of water is entered into as of
the _ day of , 19, between the NORTHEAST METROPOLITAN WATER
DISTRICT OF HARNETT COUNTY (hereinafter "Northeast Metro "), and the COUNTY
OF HARNETT (hereinafter "County "), said Northeast Metro and County shall be
collectively referred to herein as "Seller" and the NORTHWEST WATER AND
SEWER DISTRICT OF HARNETT COUNTY, (hereinafter "Purchaser ")
W I T N E S S E T H:
THAT WHEREAS, the Purchaser is a County Water and Sewer District, duly
organized and existing pursuant to the provisions of Article 6, Chapter
162A of the North Carolina General Statutes and by that certain Resolution
dated March 23, 1987 and adopted by the Harnett County- Board of
Commissioners entitled "Resolution Creating the Northwest Water and Sewer
District of Harnett County "; and
WHEREAS, Northeast Metro is a metropolitan water district organized
and existing under the laws of the State of North Carolina; and
WHEREAS, County is a body politic organized and existing under the
laws of the State of North Carolina; and
4'11
WHEREAS, the Purchaser is organized and established for the purpose of
constructing and operating a water supply distribution system serving water
users within the area described in plans now on file in the Office of the
Purchaser and to accomplish this purpose, the Purchaser will require a
supply of treated water; and
WHEREAS, Northeast Metro owns a water production system and a water
supply distribution system, and County is operator thereof under that
certain Lease dated May 30, 1980, entered into between Northeast Metro and
County; and
WHEREAS, the water production system and water supply distribution
system of Seller (Northeast Metro and County as described above) has a
capacity currently capable of serving the present customers of the Seller's
system and the estimated number of water users to be served by the said
Purchaser as shown in the plans of the system now on file in the Office of
the Purchaser; and
WHEREAS, by Resolution entitled "Resolution Authorizing Execution of
Water Purchase Contract with the Northwest Water and Sewer District of
Harnett County, duly adopted by the District Board of the Northeast
Metropolitan Water District of Harnett County at its meeting on
, the sale of said water to the Purchaser as provided herein
was approved, and the execution of this contract by Northeast Metro was
duly authorized; and
WHEREAS, by Resolution entitled "Resolution Authorizing Execution of
Water Purchase Contract with the Northwest Water and Sewer District of
Harnett County ", duly adopted by the Harnett County Board of Commissioners
at its meeting on , the sale of said water to the Purchaser as
provided herein was approved, and the execution of this contract by County
was duly authorized; and
WHEREAS, by Resolution entitled "Resolution Authorizing Execution of
Water Purchase Contract with the Northeast Metropolitan Water District of
Harnett County and the County of Harnett" duly adopted by the Harnett
County Board of Commissioners, sitting as the governing body of the
Northwest Water and Sewer District of Harnett County at its meeting on
, the purchase of said water from the Seller as provided herein
was approved, and the execution of this contract by Purchaser was duly
authorized;
NOW THEREFORE, in consideration of the foregoing and the mutual
agreements hereinafter set forth,
A. THE SELLER AGREES:
1. (Quality and Quantity) To furnish the Purchaser at the point
of delivery hereinafter specified, during the term of this contract or any
renewal or extension thereof, 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 Purchaser not to exceed ten million, five hundred thousand
(10,500,000) gallons per month.
2. (Point of Delivery and Pressure) That water will be
furnished at a reasonable constant pressure calculated at fifty (50) pounds
per square inch from an existing sixteen (16) inch main supply at a point
located at or near the intersection of North Carolina Highway 210 and State
Road 1403 within a waterline and /or related appurtenance easement to be
acquired by Purchaser. If a greater pressure than that normally available
48o
at the point of delivery is required by the Purchaser, the cost of
providing such greater pressure shall be borne by the Purchaser. 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 this provision for such reasonable
period of time as may be necessary to restore service.
3. (Metering Equipment) To furnish, install, operate, and
maintain at its own expense at point of delivery, 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 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 for the purpose of verifying its
readings.
4. (Billing Procedure) To furnish the Purchaser not later than
the fifth (5) day of each month, with an itemized statement of the amount
of water furnished the Purchaser during the preceding month.
B. THE PURCHASER AGREES:
1. (Rates and Payment Date) To pay the Seller, not later than
the tenth (10) day of each month, for water delivered in accordance with
the following schedule of rates:
a. One thousand five hundred fifteen dollars ($1,515.00)
for the first one million five hundred (1,500,000) gallons, which amount
shall also be the minimum rate per month.
b. One dollar and one cent ($1.01) per one thousand (1000)
gallons for water in excess of one million five hundred (1,500,000)
gallons.
c. It is agreed that the minimum rate per month as stated
in (a) above shall not be applicable until six (6) months after the last
notices for connection have been mailed to potential water customers of the
Purchaser by the Harnett County Department of Public Utilities; and up to
said time the minimum rate per month becomes applicable, Purchaser shall
pay only for such water as is delivered to Purchaser at the rate of $1.01
(one Dollar and one cent) per 1000 (one thousand) gallons.
2. (Connection Fee) To pay as an agreed cost, a connection fee
to connect the Seller's system with the system of the Purchaser, a sum
equal to the amount of the cost of the installation of the meter, meter
vault and related appurtenances and the cost of the laying and installation
of the necessary pipeline or pipelines to connect the system of the Seller
to the system of the Purchaser at the boundaries of the Northwest Water and.
Sewer District:
48 J.
3. (Maintenance of Certain Lines) To maintain all water
distribution pipelines which connect the Seller's system to the system of
the Purchaser, said line or lines being located between the meter facility
(described in paragraph A(3) above) and the boundary of the Northwest Water
and Sewer District.
C. It is further mutually agreed between the Seller and the
Purchaser as follows:
1. (Term of Contract) That this contract shall extend for a
term of forty (40) 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
agreed upon by the Seller and Purchaser.
2. (Delivery of Water) That thirty (30) days prior to the
estimated date of completion of construction of the Purchaser's water
supply distribution system, the Purchaser will notify the Seller in writing
the date for the initial delivery of water.
3. (Water for Testing) When requested by the Purchaser, the
Seller will make available to the contractor at the point of delivery, or
other point reasonable close thereto, water sufficient for testing,
flushing, and trench filling' the system of the Purchaser during
construction, irrespective of whether the metering equipment has been
installed at that time, at a flat charge of one dollar and one cent ($1.01)
per one thousand (1000) gallons which will be paid by the contractor or, on
his failure to pay, by the Purchaser.
4. (Failure to Deliver) That the Seller 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 Purchaser with quantities of
water required by the Purchaser. 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 same
ratio or proportion as the supply to Seller's consumers is reduced or
diminished.
5. (Modification of Contract) That the provisions of this
contract pertaining to the schedule of rates to be paid by the Purchaser
for water delivered are subject to modification at the end of every one
(1) year period. Any increase or decrease in rates shall be based on a
demonstrable increase or decrease in the costs of performance hereunder.
Such costs shall not include increased capitalization of the Seller's water
distribution system except as such costs relate directly to increasing the
capacity of services to the Purchaser. Such costs may include increased
capitalization of the Seller's water production facility system. Other
provisions of this contract may be modified or altered by mutual agreement.
6. (Future Water Transmission and Connection) In the event
County and /or Northeast Metro elect to supply and sell water to any
customers or other water distribution systems located outside of the
boundaries of the Northwest Water and Sewer District of Harnett County and
desire to do so by connecting to and transporting water .through the water
distribution system of Purchaser, it is agreed that County and /or Northeast
Metro may, at no cost to either, connect to and transport water through the
482
water distribution system of Purchaser for the purpose of suppling and
selling water to customers or other water distribution systems outside of
the Northwest Water and Sewer District, whether within the County of
Harnett or otherwise. In the event County and /or Northeast Metro should
elect to supply and sell water as stated herein, County and /or Northeast
Metro shall cause a meter to be installed at the connection point and the
cost thereof shall not be borne by Purchaser.
7. (Regulatory Agencies) That this contract is subject to such
rules, regulations, or laws as may be applicable to similar agreements in
this State and the Seller and Purchaser will collaborate in obtaining such
permits; certificates, or the like, as may be required to comply therewith.
8. (Miscellaneous) That the construction of the water supply
distribution system by the Purchaser is being financed by a loan made or
insured by, and /or a grant from the. United States of America, acting
through the Farmers 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 writing, of the State
Director of the Farmers Home Administration.
9. (Successor to the Purchaser) That in the event of any
occurrence rendering the Purchaser incapable of performing under this
contract, any successor of the Purchaser, whether the result of legal
process, assignment, or otherwise, shall succeed to the rights of the
Purchaser hereunder.
IN WITNESS. WHEREOF, the parties hereto, acting under authority of
their respective governing bodies, have caused this contract to be duly
executed in triple counterparts, each of which shall constitute an
original..
By:
(SEAL)
NORTHEAST METROPOLITAN WATER
DISTRICT OF HARNETT COUNTY
C aules V. 'i e
Chairman of the District Board
COUNTY OF HARNETT
�. Stewart,.Cha rman
Harnett County Board of Commissioners
(SEAL)
By:
NORTHWEST WATER AND SEWER
DISTRICT OF HARNETT COUNTY
Lloyd G Stewart, Chairman of the
Harnett County Board of Commissioners
sitting as the governing body of the
Northwest Water and Sewer District
of Harnett County
est:
A�v�aaA aJ W ,
Vanessa W. Young, C1
(SEAL)
483
1
DOCUMENT •NO . 6.
RESOLUTION AUTHORIZING EXECUTION OF
WATER PURCHASE CONTRACT WITH
WEST CENTRAL WATER AND SEWER DISTRICT
OF HARNETT COUNTY
WHEREAS, the Harnett County Board of Commissioners, has examined
the Water Purchase Contract between the Northeast Metropolitan Water
District of Harnett County, the County of Harnett (hereinafter
"County ") and the West Central Water and Sewer District of Harnett
County (hereinafter "District "), attached hereto as Exhibit "A "; and
WHEREAS, the County, as lessee and operator of the water
production and water supply distribution systems described in said
Water Purchase Contract desires to enter into said contract as
provided;
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that:
1. Harnett County is hereby authorized to and shall enter into
the Water Purchase Contract attached hereto as Exhibit "A ".
2. Harnett County and its officers and agents are hereby
directed to execute said Water Purchase Contract.
Duly adopted this 21 day of December, 1987, upon motion made by
Commissioner Rudy Collins , seconded by CommissionerMack Reid Hudson and
passed by the following vote:
Ayes $ Noes 0 Absent 0 Abstained 0
HARNETT COUNTY BOARD
OF COMMISSIONERS
ATTEST:
Vanessa W. Young,
NORTH CAROLINA
HARNETT COUNTY
lerk
By:
EXHIBIT A
loy Stewart,
WATER PURCHASE CONTRACT
Chairman
THIS CONTRACT for the sale and purchase of water is entered into as of
the _ day of , 19, between the NORTHEAST METROPOLITAN WATER
DISTRICT OF HARNETT COUNTY (hereinafter "Northeast Metro "), and the COUNTY
OF HARNETT (hereinafter "County "), said Northeast Metro and County shall be
collectively referred to herein as "Seller" and the WEST CENTRAL WATER AND
SEWER DISTRICT OF HARNETT COUNTY, (hereinafter "Purchaser ")
W I T N E S S E T H:
THAT WHEREAS, the Purchaser is a County Water and Sewer District, duly
organized and existing pursuant to the provisions of Article 6, Chapter
162A of the North Carolina General Statutes and by that certain
dated July 21, 1986 and adopted by the Harnett County
Commissioners entitled "Resolution Creating the West Central
Sewer District of Harnett County "; and
WHEREAS, Northeast Metro is a metropolitan water district
and existing under the laws of the State of North Carolina; and
WHEREAS, County is a body politic organized and existing
laws of the State of North Carolina; and
Resolution
Board of
Water and
organized
under the
WHEREAS, the Purchaser is organized and established for the purpose of
constructing and operating a water supply distribution system serving water
users within the area described in plans now on file in the Office of the
Purchaser and to accomplish this purpose, the Purchaser will require a
supply of treated water; and
WHEREAS, Northeast Metro owns a water production system and a water
supply distribution system, and County is operator thereof under that
certain Lease dated May 30, 1980, entered into between Northeast Metro and
County; and
WHEREAS, the water production system and water supply distribution
system of Seller (Northeast Metro and County as described above) has a
capacity currently capable of serving the present customers of the Seller's
system and the estimated number of water users to be served by the said
Purchaser as shown in the plans of the system now on file in the Office of.
the Purchaser; and
WHEREAS, by Resolution entitled "Resolution Authorizing Execution of
Water Purchase Contract with the West Central Water and Sewer District. of
Harnett County, duly adopted by the District Board of the Northeast
Metropolitan Water District of Harnett County at its meeting on,.
, the sale of said water to the Purchaser as provided herein
was approved, and the execution of this contract by Northeast Metro was
duly authorized; and
WHEREAS, by Resolution entitled "Resolution Authorizing Execution of
Water Purchase Contract with the West Central Water and Sewer District of
Harnett County ", duly adopted by the Harnett County Board of Commissioners
at its meeting on , the sale of said water to the Purchaser as
provided herein was approved, and the execution of this contract by County
was duly authorized; and
WHEREAS, by Resolution entitled "Resolution Authorizing Execution of
Water Purchase Contract with the Northeast Metropolitan Water District of
Harnett County and the County of Harnett" duly adopted by the Harnett
County Board of Commissioners, sitting as the governing body of the.
West Central Water and Sewer. District of Harnett County at its meeting on
, the purchase of said water from the Seller as provided herein
was approved, and the execution of this contract by Purchaser was duly
authorized;
NOW THEREFORE, in consideration of the foregoing and the mutual .
agreements •hereinafter set forth,
A. THE SELLER AGREES:
1. (Quality and Quantity) To furnish the Purchaser at the point
of delivery hereinafter specified, during the term of this contract or any
renewal or extension thereof, 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 Purchaser not to exceed seven million, five hundred.
thousand (7,500,000) gallons per month.
2. (Point of Delivery and Pressure) That water will be
furnished at a reasonable constant pressure calculated at forty (40) pounds
per square inch from an existing eight (8) inch main supply at a point
located at or near Tank No. 5 of the Northeast Metro system which said tank
is located adjacent to State Road 1291 (Old U.S. Highway 421) within a
waterline and /or related appurtenance easement to be acquired by Purchaser.
486
If a greater pressure than that normally available at the point of delivery
is required by the Purchaser, the cost of providing such greater pressure
shall be borne by the Purchaser. 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
this provision for such reasonable period of time as may be necessary to
restore service.
3. (Metering Equipment) To furnish, install, operate, and
maintain at its own expense at point of delivery, 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 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 for the purpose of verifying its
readings.
4. (Billing Procedure) To furnish the Purchaser not later than
the fifth (5) day of each month, with an itemized statement of the amount
of water furnished the Purchaser during the preceding month.
B. THE PURCHASER AGREES:
1. (Rates and Payment Date) To pay the Seller, not later than
the tenth (10) day of each month, for water delivered in accordance with
the following schedule of rates:
a. Seven hundred fifty seven dollars and fifty cents
($757.50) for the first seven hundred fifty thousand (750,000) gallons,
which amount shall also be the minimum rate per month.
b. One dollar and one cent ($1.01) per one thousand (1000)
gallons for water in excess of seven hundred fifty thousand (750,000) gallons.
c. It is agreed that the minimum rate per month as stated
in (a) above shall not be applicable until six (6) months after the last
notices for connection have been mailed to potential water customers of the
Purchaser in Phase I of the Purchaser's water distribution system plans by
the Harnett County Department of Public Utilities; and up to said time the
minimum rate per month becomes applicable, Purchaser shall pay only for
such water as is delivered to Purchaser at the rate of $1.01 (one Dollar
and one cent) per 1000 (one thousand) gallons.
2. (Connection Fee) To pay as an agreed cost, a connection fee
to connect the Seller's system with the system of the Purchaser, a sum
equal to the amount of the cost of the installation of the meter, meter
vault and related appurtenances and the cost of the laying and installation
of the necessary pipeline or pipelines to connect the system of the Seller
to the system of the Purchaser at the boundaries of the West Central Water
and Sewer District.
486
3. (Maintenance of Certain Lines) To maintain all water
distribution pipelines which connect the Seller's system to the system of
the Purchaser, said line or lines being located between the meter facility
(described in paragraph A(3) above) and the boundary of the West Central
Water and Sewer District.
C. It is further mutually agreed between the Seller and the
Purchaser as follows:
1. (Term of Contract) That this contract shall extend for a
term of forty (40) 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
agreed upon by the Seller and Purchaser.
2. (Delivery of Water) That thirty (30) days prior to the
estimated date of completion of construction of the Purchaser's water
supply distribution system, the Purchaser will notify the Seller in writing
the date for the initial delivery of water.
3. (Water for Testing) When requested by the Purchaser, the
Seller will make available to the contractor at the point of delivery, or
other point reasonable close thereto, water sufficient for testing,
flushing, and trench filling the system of the Purchaser during
construction, irrespective of whether the metering equipment has been
installed at that time, at a flat charge of one dollar and one cent ($1.01)
per one thousand (1000) gallons which will be paid by the contractor or, on
his failure to pay, by the Purchaser.
4. (Failure to Deliver) That the Seller 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 Purchaser with quantities of
water required by the Purchaser. 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 same
ratio or proportion as the supply to Seller's consumers is reduced or
diminished.
5. (Modification of Contract) That the provisions of this
contract pertaining to the schedule of rates to be paid by the Purchaser
for water delivered are subject to modification at the end of every one
(1) year period. Any increase or decrease in rates shall be based on a
demonstrable increase or decrease in the costs of performance hereunder.
Such costs shall not include increased capitalization of the Seller's water
distribution system except as such costs relate directly to increasing the
capacity of services to the Purchaser. Such costs may include increased
capitalization of the Seller's water production facility system. Other
provisions of this contract may be modified or altered by mutual agreement.
6. (Future Water Transmission and Connection) In the event
County and /or Northeast Metro elect to supply and sell water to any
customers or other water distribution systems located outside of the
boundaries of the West. Central Water and Sewer District of Harnett County
and desire to do so by connecting to and transporting water through the
water distribution system of Purchaser, it is agreed that County and /or
Northeast Metro may, at no cost to either, connect to and transport water
48?
through the water distribution system of Purchaser for the purpose of
suppling and selling water to customers or other water distribution systems
outside of the West Central Water and Sewer District, whether within the
County of Harnett or otherwise. In the event County and /or Northeast Metro
should elect to supply and sell water as stated herein, County and /or
Northeast Metro shall cause a meter to be installed at the connection point
and the cost thereof shall not be borne by Purchaser.
7. (Regulatory Agencies) That this contract is subject to such
rules, regulations, or laws as may be applicable to similar agreements in
this State and the Seller and Purchaser will collaborate in obtaining such
permits, certificates, or the like, as may be required to comply therewith.
8. (Miscellaneous) That the construction of the water supply
distribution system by the Purchaser is being financed by a loan made or
insured by, and /or a grant from the United States of America, acting
through the Farmers 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 writing, of the State
Director of the Farmers Home Administration.
9. (Successor to the Purchaser) That in the event of any
occurrence rendering the Purchaser incapable of performing under this
contract, any successor of the Purchaser, whether the result of legal
process, assignment, or otherwise, shall succeed to the rights of the
Purchaser hereunder.
IN WITNESS WHEREOF, the parties hereto, acting under authority of
their respective governing bodies, have caused this contract to be duly
executed in triple counterparts, each of which shall constitute an
original.
At t: 1'/�
ALw Aao / W • '?/
Vanessa W. Young,( Cle k
(SEAL)
Atte :
wQ-aa.., W
Vanessa W. Young, C
(SEAL)
rk
NORTHEAST METROPOLITAN WATER
DISTRICT OF HARNETT COUNTY
By: Y„ ti
V. Si es
Chairman of the District Board
By:
COUNTY OF HARNETT
L oy G. Ste art, Chairman
Harnett ounty Board of Commissioners
488
THE BOARD OF COMMISSIONERS FOR THE
DOCUMENT NO. 7. • COUNTY OF HARNETT, NORTH .CAROLINA
The Board of Commissioners for the County of Harnett, North Carolina, met in
regular session at the Harnett County Office Building in Lillington, North Carolina,
the regular place of meeting at Lillington,.on December 21 , 1987.
Present: Chairman Stewart
Collins, Hudson, and Smith
presiding and Commissioners Shaw
Absent: hone
*
*
Commissioner Smith Introduced the following resolution which
read:
RESOLUTION OF INTENTION OF BOARD OF COMMISSIONERS FOR THE
COUNTY OF HARNETT TO BECOME A MEMBER OF THE NORTH CAROLINA INDUSTRIAL
FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY
WHEREAS, the North Carolina General Assembly has enacted the North Carolina
Industrial and Pollution Control Facilities Federal Program Financing Act, Chapter 159D
of the North Carolina General Statutes, as amended (the "Act ") which provides for the
creation of a political subdivision and body corporate of the State of North Carolina
called "The North Carolina Industrial Facilities and Pollution Control Financing Authority"
(the "Authority ") and empowers the Authority with the powers set forth in the Act;
WHEREAS, Section 159D -4(a) of the Act provides that two or more counties of
the State are authorized to create by resolution the Authority and it has come to the
attention of the Board of Commissioners for the County of Harnett (the "Board ") that
certain counties have, pursuant to said Section 159D -4(a), adopted resolutions
providing for the creation of the Authority;
WHEREAS, the Board has determined that it is in the best interest of the County
of Harnett to become a member of the Authority;
WHEREAS, Section 159D -4(b) of the Act provides that after the creation of the
Authority, any county may become a member thereof upon application to the Authority
after adoption of a resolution by the governing body of the county determining that
it is in the best Interest of the county to become a member of the Authority and
authorizing said county to participate;
NOW THEREFORE, be it resolved by the Board of Commissioners for the County
of Harnett, North Carolina:
Section 1. The Board hereby finds and approves the matters hereinabove set
forth.
Section 2. The Board authorizes the County of Harnett to participate in the
Authority and hereby directs that an application be filed with the Authority for
membership in the Authority.
Section 3. Toni Meece Is hereby appointed by the Board as the
Commissioner of the Authority for the County of Harnett, and shall serve at the
pleasure of the Board and may be removed, with or without cause, by the Board, and
such Commissioner before entering upon his duties shall take and subscribe to an oath
before some person authorized by law to administer oaths to execute the duties of his
office faithfully and impartially, and a record of such oath shall be filed with the Clerk
to the Board and spread upon its minutes.
Section 4. The Clerk to the Board is hereby authorized to execute and deliver a
certified copy of this resolution to the Authority and to the North Carolina Local
Government Commission. The Clerk, the Commissioner appointed to the Authority and
the officers of the Board and employees of the County are hereby authorized to do all
things necessary to carry forward the purposes of this resolution.
Section 5. This resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED, this 21 st day of December, 1987.
Commissioner Hudson moved passage of the foregoing resolution entitled:
"RESOLUTION OF INTENTION OF BOARD OF COMMISSIONERS FOR THE COUNTY OF
HARNETT TO BECOME A MEMBER OF THE NORTH CAROLINA INDUSTRIAL FACILITIES
AND POLLUTION CONTROL FINANCING AUTHORITY" and Commissioner
seconded the motion, and the resolution was passed by the following vote:
Ayes: Commissioners Stewart, Shaw, Collins, Hudson, and Smith
Noes: Commissioners
Absent: none
I Vanessa W. Young , Clerk to the Board of Commissioners for the
County of Harnett, North Carolina, DO HEREBY CERTIFY, that the foregoing is
a true and complete copy of a resolution of the Board of Commissioners for said
County adopted at a meeting held at Lillington on December 21 , 1987.
I DO HEREBY FURTHER CERTIFY, that a schedule of regular meetings for said
Board, stating that regular meeting are held on the first and third Mondays of each
month in the Commissioners' meeting room of the Harnett County Office Building in
Lillingtion, North Carolina has been on file in my office pursuant to C.S. 143 - 318.12
as for date not less than seven days before said meeting.
WITNESS, my hand and the official seal of the County of Harnett, North Carolina
this 21 day of December, 1987.
none
(SEAL)