2017/09/018 RESOLUTION THAT JOSEPH JEFFRIES, CTY. MGR., THE AUTHORIZED OFFICIAL & SUCCESSORS SO TITLED, IS AUTHORIZED TO EXECUTE & FILE AN APPLICATION ON BEHALF OF THE APPLICANT W/THE STATE OF NC FOR A GRANT TO AID IN THE COMPLETION OF PROJECT "GREEN" Harnett
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RESOLUTION BY HARNETT COUNTY BOARD OF COMMISSIONERS
WI IEREAS, The Federal Clean Water Act Amendments of 1987 and the North Carolina the Water
Infrastructure Act of2005 (NCUS 1596) have authorized the making of loans and grants to aid
eligible units of government m financing the cost of asset inventory and assessment and
construction projects related to wastewater treatment works.wastewater collection system, stream
restoration.stormwater treatment, drinking water treatment works, and/or drinking water
distribution system or other-green- project, and
WHEREAS, Harnett County has need for and intends to develop asset inventories, condition
assessment of critical assets,and other components of comprehensive asset management programs
for water.and
WI IEREAS, l larnett County intends to request state grant assistance Mr the project.
NOW THEREFORE BE IT RESOLVED_ BY THE HARNETT COUNTY BOARD OF
COMMISSIONERS:
That Harnett County. the Applicant, will arrange financing for all remaining costs of the
project, if approved for a State grant award.
That Joseph Jeffries, County Manager, the Authorized Official, and successors so titled. is
hereby authorized to execute and lile an application on behalf of the Applicant with the State
of North Carolina for a grant to aid in the completion of the project described above.
[hat the Authorized Official, and successors so titled, is hereby authorized and directed to
furnish such information as the appropriate State agency may request in connection with such
application or the project: to make the assurances as contained above:and to execute such other
documents as may he required in connection with the application.
That the Applicant has substantially complied or will substantially comply with all Federal.
State, and local laws, rules, regulations, and ordinances applicable to the project and to Federal
and State grants pertaining thereto.
Adopted this the� 188(l''Iroof'September, 2017 at Lillington, North Carolina.
(tore of C'�e ,x of live Officer) ,v-•
Chairman of the Board of Commissioners •' ,
(title)
strong roots • new growth
it! ,
ATTACHMENT TO RESOLUTION
HARNETT COUNTY, CONTRACT
NORTH CAROLINA.
THIS CONTRACT, Made and entered into this the 23rd Day of July, 1984, by
and between THE COUNTY OF HARNETT, a body politic organized and existing pursuant
to the laws of North Carolina; hereinafter called "County"; and THE BUIES CREEK -
COATS WATER AND SEWER DISTRICT OF HARNETT COUNTY, a municipal corporation organized
and existing pursuant to the provisions of North Carolina General Statute I62A-86
etc., hereinafter called "District";
W i T N E. S S E T H:
THAT WHEREAS, The County is the owner of a wastewater treatment plant located
on the banks of Butes Creek, some distance South of U. S. Highway No. 421 near
the Village of Buies Creek, Neills Creek Township, Harnett County, North Carolina,
and that said treatment plant is 1.orated within the territorial boundaries of the
DiAtrict; and
WHEREAS, The District was created and organized for the purpose of collecting
wastewater within the District and subsequent thereto and by the vote of the
citizens within said District , the District overwhelmingly voted to construct
and install a wastewater collection system within the boundaries of said District
and make certain improvements of the wastewater treatment plant owned by the
County; and
WHEREAS, The wastewater treatement facility owned by the County was construct-
ed with the use of Federal and State Grant Funds and Is for the purpose of
treating wastewater from Campbell University and other citizens of the County
needing said service and specifically the persons located within the bohndaries
of the District; and
WHEREAS, The District has entered into contracts with various contractors
for the construction of said collection system and improvements to the County's
treatment plant and that said work has been or is nearly completed; and.
WREREAS, The Farmers Home Administration has made certain grant funds
available to the District and has agreed to loan the District sufficient funds
to enable the District to finance the construction of said collection system
and improvements to the County's treatment plant; and
WHEREAS, the County has heretofore created a Utility Department that is
fully capable to conduct the operation of and is currently operating the treat-
ment plant and is fully capable to operate the collection system of the District;
and
WHEREAS, the County and the District have agreed to enter into this contract
for the use of said treatment plant by the District and the operation df the
wastewater collection system as a County operated sewer and wastewater collection
system on a continuing basis and especially for and during the period the exist-
ence of the Farmers Home Administration loan to the District.
NOW, THEREFORE, the parties do contract and agree each with the other as
follows:
1. That the wastewater treatment plant owned by the County and referred
to above shall be made available for use by the District's wastewater collection
system on a continuing basis and especially for a period beginning as yhf the
execution of this contract and extending until that certain loan referred to
above made by the Farmers Home Administration to the District has been.paid in
full , being a period of at least forty (40) years; provided however that the
parties may provide for other treatment facility if the same is cnnstry¢ted
for such use in the future.
2. The aforesaid wastewater treatment plant will be made available for
use of the District and such other users determined by the County to need such
services. That the usage of the same, including all available capacity and
any shortages of capacity of said treatment facility will he shared by all of
said users on a proportionately equal basis.
3. That the District's wastewater collection system shall he operated by the
County's Public Utility Department as a County operated sewage and wastewater
collection system.
4. Thatthe District'sw ustewater treatment facility mentioned aforesaid shall
he operated by the County'sPublic Utility Department as a County operated
sewage and wastewater treatment facility.
That the Harnett County Board of Commissioners sitting in the capacity
as the County and the District shall establish and set the rates of charges tor
the use of the wastewater treatment facility and the wastewater collection
system of the District, with proper cost accounting procedures to appropriately
reflect the cost of these facilities operated by the County Public Utility
Department relative to the operation of other utility enterprises which are or
may he carried on by the County Public Utility Department. Further the Harnett
County Board of Commi s sinners shall charge such rates for the users
of sold waste-
water collection system as will appropriately yield sufficientfunds to meet
operationand maintenance expenses and to pay and retire the long term debt of
the Farmers Home Administration to the District.
6. This Contract shall be a continuing contract relative to the (furnishing
of the essential sewer utility services for the people of the District and this
contract shall exist and continue until the District and Che County shell mutual-
ly modify or terminate this contractual arrangement.
7. That the Harnett County Board of Commissioners has heretofore: created
an Advisory Council, three (3) members appointed by its body and three (3) mem-
bers appointed by the Board of Commissioners for the Town of Coats, to lend
assistance with input and advice as to the operation and maintenance of the afore-
said wastewater facilities by the Harnett County Board of Commissioners as a
governing body of said District.
H. That the County shall he entitled to fund or ause to he funded the con-
struction of any sewer line to be connected to the District's system as to exten-
sion within or without the boundaries of the Districtfor the purpose of serving
needy users with wastewater utility services as the same shall be determined
by the Harnett County Board of Commissioners and that the rates chargeable to
such persons (users) shallbe equitably set to properly reflect cost of operations
and maintenance of collection and treatment and further that in the event it
shall become necessary for the District to levy a tax for the purpose of funding
bonded Indebtedness of the District then in such event such rates of any person
(user)outside the boundaries of the District shall he charged a greater user
fee (rate) as willbe equivalent to such needed property Lax as may be levied;
provided, if a tax levy is made, then such user charge for out-of-district users
shall not be less than 150% of the user charge of users of the District. It
Is understood and agreed that the District shall have no obligation to extend
its sewer lines outside of the District's boundaries.
9. That the County will manage and operate the collection system and
treatment plant on an annual budget with the setting of rates on an annual basis
as approved by the District's governing body with proper input and advice from
the Advisory Council, which budget shall provide and set forth the handling of
the funds such that. a reserve fund, depreciation fund, debt payment fund, and
surplus fund for the District shall be distinguishable, and further that the
County shall maintain a system of accounts for the County Utility Department
which will appropriately account for the various operations of the Utglits
Department, specifically so that all costs relative to the operation of the
treatment plant and collection system will be separately stated; the daunt)/
shall further maintain insurance and bonds as required by state law and that
the County shall properly contract with a certified public accountant for annual
audits of the Utility Department and that further the Countyshall comply with
all federal , state and local laws and regulations relative to the operation
oa wastewater collection and treatment facilities.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed as authorized by the Harnett County Board of Commissioners setting as
the governing body of the County and the District, all the day and year first
written above.
THE COUNTY OF }IARNETT
BY: s/ Jesse Alphin
Chairman, Harnett County Board of
ATTEST: Commissioners
s/ Vanessa W. Young
Clerk to the Board RULES CREEK-COATS WATER AND SEWER DISTRICT
OF HARNETT COUNTY
BY: s/ Jesse Alphin
Chairman, Harnett County Board of
ATTEST: COmmissioners
s/ Vanessa W. Young
Clerk to the Board
( I
!IUIES CREEK - COATS F. Marshall Woodall , Attorney for the Butes Creek-Coats Water and Sewer District,
TREATMENT PLANT AND appeared before the Board and presented for the Commissioners consideration a
COLLECTION SYSTEM, resolution authorizing the County to enter into a contract with the Rules Creek-
'dONTRACT RE: COUNTY Coats Water and Sewer District of Harnett County for the purpose of providing
ASSUMING RESPONSIBILITY that the County of Harnett Public Utllfty Department would operate and maintain
JF OPERATION the District's collection system and the County's treatment plant. Following
a discussion of this resolution, Commissioner Collins made a motion that the
Board adopt the following resolution; Commissioner Shaw seconded the motion and
it carried with a unanimous vote:
THAI' WHEREAS, The County of Harnett has agreed with the Butes Creek-Gnats
Water and Sewer District of Harnett County (hereinafter called "District")
that its wastewater collection system and the wastewater treatment plant owned
by the County shall be operated as a County operated system; and
WHEREAS, the Harnett County Board of Commissioners sitting as the governing
body of said District has made certain findings and directed that the District
shall enter into a contract with the County of Harnett as is set forth in an
attached contract document; and
WHEREAS, ail of the recitations and provisions of said resolution are
hereby incorporated in this resolution as if set forth herein;
NOW, THEREFORE, BE IT RESOLVED THAT the officials of the County of Harnett
be and they are hereby authorized to execute a contract in the name of the County
with the Rules Creek-Coats Water and Sewer District of Harnett County for the
purpose of providing that the County of Harnett Public 11tlfty Department would
operate and maintain the District's collection system and the County's treat-
ment plant and that said contract shall contain the terms and provisions set
forth in the contract documents attached to the resolution passed by the
Harnett County Board of Commissioners as governing body of the District.
Adopted this 23rd Day of July, 1984.
COUNTY OF HARNETT
BY: s/Jesse Aiphin
Chairman, Harnett County Board of
Commissioners
ATTEST:
s/ Vanessa W. Young
Clerk to the Board
BUTES CREEK-COATS WW E. Marshall Woodall , Attorney for the Butes Creek-Coats Wastewater District,
DISTRICT--RESOLUTION appeared before the Board and presented to the Commissioners for consideration a
AUTHORIZING EXECUTION resolution authorizing the Board of Commissioners as governing body of the Diu-
IF DOCUMENTS FOR LOAN trio& to execute certain documents pertaining to a loan for the Rules Creek-Coats
District. Following a discussion, Commissioner Collins moved for the adoption
of the following resolution; Commissioner Brock seconded the motion and it
carried with a unanimous vote:
THAT, WHEREAS, The Buies Creek-Coats Water and Sewer District of Harnett
County has heretofore entered into an agreement with the Farmers Home Administra-
tion for a bonded indebtedness loan of One Million Eight Hundred and Forty
Three Thousand Dollars ($1,843,000.00) and that further it is necessary that the
District execute certain documents incident to said loan; and
WHEREAS, it is necessary for the Harnett County Board of Commissioners as
the governing body of said District to authorize and direct its officials to
execute certain documents as required for said loan and to further do and
perform certain administrative acts and ether matters necessary for said loan.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
First. That the officials of the Harnett County Board of Commissioners he
and they are hereby authorized to executein a
the name of the District a rertifi-
cate of rights of way, (FmHA form No. 442-21) uponthe issuance by the counsel
to the District of his opinion as to rights of way (FmHA form No. 442+22).
Second. That the officials of the Harnett County Board of Commissioners be
and they are hereby authorized to execute
ute in the name of the District ,such
other documents that are necessary tocomplete the closing of the afo}ement ionetl
FmHA loan and further to do and perform all and sundry things that are necessary
to complete the closing of said loan.
Adopted this 23rd Day of July, 1984.
RUIES CREEK-COATS WATER AND SEWER
DISTRICT
IIc
bU[ES CREEK-COATS E. Marshall Woodall , Attorney for the Buies Creek-Coats Wastewater Dist riot ,
WW DISTRICT, RESOLUTION appeared before the Board and presented to the Commissioners for consideration
ADOPTING ORDINANCE a resolution adopting an Ordinance regulating Sanitary Sewer System Policies,
FOR REGULATION OF Rules, Regulations, and Rates, Buies Creek-Coats Water and Sever District of
DISTRICT Harnett County. Following a discussion, Commissioner Collins made a motion
that the following resolution adopting the ordinance upon a first reading be
approved; Commissioner Brock seconded the motion and it passed unanimously:
THAT WHEREAS, the Buies Creek-Coats Water and Sewer District of Harnett
County has entered into a contract with the County of Harnett wherein the County
of Harnett has agreed to operate the wastewater collections'stem of the District.
as a County operated system: and
WHEREAS, the District, has heretofore adopted an ordinance entitled
"Ordinance Regulating Sanitary Sewer System Policies, Rules. Regulations, and
Rates, Buies Creek-Coats Water and Sewer District of Harnett County".
NOW, THEREFORE, BE IT RESOLVED that the ordinance entitled: "Ordinance
Regulating Sanitary Sewer System Policies, Rules, Regulations, and Rates,
Butes Creek-Coats Water and Sewer District of Harnettt County' be and the same
is hereby adopted and ordained as an ordinance of the County of Harnett as
the same appears in be minutes of meeting of the Board of Commissioners held
on the 16th Day of May, 1983.
Duly adopted upon first reading this 23rd day of July, 19R4.
COUNTY OF HARNETT
BY: s/Jesse ALphin
Chairman, Harnett County Board of
Commissioners
ATTEST:
s/Vanessa W. Young
Clerk to the Board
RUIES CREEK-COA'T'S K. Marshall Woodall, Attorney for the Buies Creek-Coats Wastewater District,
WW DISTRICT, RESOLUTION appeared before the Board and presented to the Commissioners for their considern-
' RE: CONTRACT WITH tion acting as the governing body for the District a resolution authorizing a
• FIRST CITIZENS BANK contract to he entered into with First Citizens Bank and Trust Company to serve
FOR SELL OF BONDS as transfer agent and bond registrar inreference to the sell of the bonds for
the District. Following a discussion, Commissioner Shaw made a motion that the
following resolution he adopted; Commissioner Collins seconded the motion
and it passed with a unanimous vote.
THAT, WHEREAS, the Buies Creek-Coats Water and Sewer District of Harnett
County (hereinafter sometimes called "District") , is about to issue or authorize
the issuance of One Million Eight Hundred and Forty Three Thousand Dollars
($1,843,000.00) of general obligation bonds; that pursuant to the laws of
North Carolina and the Federal. Government , said bonds to he issued must be
fully registered bonds and that therefore it is necessary for the governing body
of the District to select a qualified persons (institution) to serve as the in-
terest disbursing agent and bond registrar and transfer agent for the purpose
of andling said issued bonds; and
WHEREAS, it has been made to appear to the Board of Commissioners that
First Citizens Bank and Trust Company is a qualified agent to handi9e said matters
and that further it has been made to appear to the Board of Commi ss',loners that the
charges of said institution for said services are reasonable.
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of'. Commissioners,
acting as the governing body of Butes Creek-Coats Water and Sewer h)istrict of
Harnett County, as follows:
First. That the First-Citizens Bank and Trust Company be and it is hereby
appointed and chose as the interest disbursing agent and bond registrar and
transfer agent for the general obligation bonds to he Issued by the District,
provided that the bonds shall be issued to a holder other than Fathers Home
Administration.
Second. That rhe officials of the County he and they are hereby authorized
to execute the District's name to such a contract appointing First'-Citizens
Bank and Trust Company to such position and that upon a sale of said bonds to
some party other than the Farmers Home Administration, that the 0 firials are
further Instructed to deliver said contract to the appropriate officials of
First-Citizens Bank and Trust Company.
?"7 Z3, /9g 1
(Manual .Signature_;
Chairman of the Board of Commissioners
(Manual Signature)______
County Finance Officer and Clerk to the
Board of Commissioners
CERTIFICATE OF LOCAL GOVERNMENT COMMISSION
The issuance of thw within bond has been approved under the provisions of The Local
Government Bond Act of North Carolina.
.1011N D. F0(IST
Secretary, Local Government Commission
BY- (Manual Signature)__
Designated Assistant
CERTIFICATE OF AUTHENTICATION
Dateof antlhent i cation:
This bond is one of the bonds of the series designated herein and issued under the provisions
of the within-mentioned resolution.
Vanessa W. Voting
County Finance Officer and Clerk to the Board
of Commissioners, as Bond Registrar
BY
Authorized Signatory
ASSIGNMENT
FOR VALUE RECEIVED the undersigned registered owner thereof hereby sells, assign, and transfers
unto
the within bond and all rights thereunder and hereby irrevocably constitutes and appoints
attorney
to register the transfer of said bond on the hooks kept for registration thereof, with full power
of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: The assignor's signature to this assignment must correspond with the name as it appears
upon the face of the within bond in every particular, without alteration or enlargement or any
change whatever.
SCHEDULE "A"
(this is to he a separate sheet)
Principal Installments Paid in
Advance of Maturity Date
Principal Amount Principal Name of (lend Registdar, Authorized
Date Due Payment Balance Pate Paid _ . Official and Title
If any Bond Is awarded to a purchaser oto r than the ImIIA such Bond will be delivered in such
authorized denominations and registered in such names as the purchase thereof may request no Iter
than five days prior to the date of its delivery_ If such purchaser fail , to submit such information
by the required time, then a single Bond will be issued for each maturity date registered in the
name of such purchaser.
If any Bond is awarded lo a purchaser other than the 1'mllA, there shall he printed on the rererst'
opinion a certificate hearing the facsimile signature of the Chairman Of the Board
of Commissioners of the Issuer, said certificate to be in substantially the fol-
lowing form:
I NEREBY (AREIFY that the foregoing is a true
and correct copy of the legal opinion on the bond
therein described which was manually signed by Brown,
Wood, Ivey, Mitchell G Petty, New York, N. Y. , and Was
dated as of the date of delivery of an payment for .said
bonds.
(Facsimile Signature)
Chairman, Board of Commissioner,
Section 3. The action of the Attorney for the Issuer in applying to the
Local Government Commission to approve the Bond is hereby ratified and confirmed,
and the action of the Local Government Commission in asking for sealed) bids for
the Bonds by publishing a Notice of Sale and printing and distributing circulars
relating to the salt of the Bonds is hereby approved.
Section 4. This resolution shall take effect upon its passage.
AC'T'ION ''hereupon Commissioner Bill Shaw moved the passage of the foregoing resolution.
entitled: "RESOLUTION PROVIDING FOR THE ISSUANCE. OP $1 .843,1100 SANITARY SIII''R
BONDS". and Commissioner Rudy Collins seconded the motion and the resolution
was passed upon the following vote:
Ayes: Commissioners Collins, Shaw, Brock, G Stewart
Noes. None
Absent: Chairman Jesse Alphin
RESOLUTION ADOPTING E. Marshall Woodall , Attorney for tie Rules Creek-Coats Water and Sewer
UPON FIRST READING District, appeared before the Board and presented for the Board's consideration
AN ORDINANCE '1'O a resolution adopting upon a first reading an Ordinance entitled: ORDINANCE TO
REQUIRE CONNECTION TO REQUIRE CONNECTION TO COUNTY OPERATED SEWER COI.I.ECT'ION LINE. Following a dl-s-
COUNTY OPERATED SEWER cession of this ordinance, Commissioner Collins made a motion that the following
COLLECTION LINE resolution he adopted; Commissioner Brock seconded the motion and it carried upon
the following vote: Ayes: Commissioners Brock, Collins, Shaw, and Stewart
Noes: None Absent: Chairman Jesse Alphin
THAT, WHEREAS, the Harnett County Board of Commi ss loners are the governing
body of the Buies Creek-Coats Water and Sewer District of Harnett County. herein-
after referred to as "District"; and
WHEREAS, the Harnett County Board of Commissioners heretofore treated the
District and caused a referendum to he held in said District upon the question
of whether or not Two and a Half Million Dollars of general obligation hands
would be issued for the purpose of installing and constructing a wastewater
collection system within the District and make certain extensive repairs to a
wastewater treatment plant on Butes Creek presently owned by the County of
Harnett; and
• WHEREAS, the people in the District overwhelmingly voted in favor of said
hand issued for the construction of said system and improvements to the treat-
ment plant; and
WHEREAS, that '_hp program of bonded indebtedness and cnnstrueq i on as sub-
mitted to the Harnett County Board of Commissioners by the consulting engineers
established the nerersity of all citizens (residents) in the District be users
of the wastewater collection system and that it was extensively advertised at
the campaign meetings concerning the bond issue that the wastewater collection
system would have to be operated upon a mandatory connection arrangement where
all residents of the District would have to be users of the system“ and
WHEREAS, the District has entered into a contract with the Coonty of Harnett
to the end that said wastewater collection system would be operated as a County
operated sewage collection system; and
WHEREAS, Cahpret I53A of the General Statutes of North Carolina and
specifically N.C.G.S. 153A-2B4 authorizes the County to require owners of
improved property located so as to he served by a sewer collection line operated
by the County, to connect his premises to said sewer line.
NOW, THEREFORE. BE LT RESOLVED THAT the following ordinance entitled,
"Ordinance to Require Connection to the County operated Sewer Collection Line"
he and the same is hereby In all respects adopted, to wit: ORDINANCE TO REQUIRE
CONNECTION TO COUNTY OPERATED SEWER COLLECTION LINE.
At, t
BE IT ORDAINED AS FOLLOWS:
1 . CONNECT TON REQUIRED: The owners of all improved property in (heCounty of
Harnett which is so located as to be served by the County of Harnett owned or operated
sewage collection line he and they are hereby required to connect their improved
premises to said sewage collection line.
2. DEFINITIONS:
A. Sewage Collection Line Operated by the County: Any sewage collection
line operated by the County of Harnett Public Utility Department pursuant to a
contract entered into by the County of Harnett as operator and any governmental or
other entity who owns a sewage collection line as owner and specifically the Buies
Creek-Coats Water and Sewage District of Harnett County.
B. Property located so
as to be served by sewage collection line: Al :
property which abuts a right of way in which is installed and constructed a
County operated sewer collection line and whose improved property is located net
more than 500 feet from said sewer collection line.
3. FAILURE TO CONNECT UNLAWFUL: It shall be unlawful for any owner of
improved property located so as to be served by said County owned or operated sewer
collection line who failes to so cause his property to be connected within 60 days
after being notified in writing by the Public Utility Department of the County of
Harnett to so connect his property.
4. CRIMINAL PENALTY, NOT EXCLUSIVE REMEDY: CONTINUING VIOLATIONS:
A. Criminal penalty; continuing violations: An owner of improved pmopurty
located so s to he served by said County owned or operated sewer collection line
who fails to so cause his property to be connected within 60 days after being
notified in wilting by the Public Utility Department of the County of Harnett to so
connect, shall he guilty of a misdemeanor as provided in N.C.G.S. 14-4 and that ler
each day that said owner fails to connect his property to said system shall consti-
tute a separate and distinct offense; upon conviction, punishment shall he a fine
not exceeding $50.00 or by imprisonment not exceeding 30 days in jail for each offense.
B. Civil Remedies: Upon the failure of any owner of improved property
located so as to he served by a County owned or operated sewage collection line
within 60 days after being served with Notice by the County of Harnett Public
Utility Department to so connect shall be subject to civil remedies in the General
Court of Justice for the imposition of Civil fines, the ordering of appropriate
equitable relief, including injunction to compel such owner to connect his improved
property to said sewage collection line, or a combination of such remedies.
Duly adopted upon first reading this 23rd day of .:uly, 1984.
BY: s/Jesse Alphin
Chairman, Harnett County Board of
ATTEST: Commissioners
s/ Vanessa W. Young
Clerk, Harnett County Board of
Commissioners
TTb, THEREBY E. Marshall Woodall, Attorney for the Butes Creek-Coats Water and Sewer District
'MMISSIONERS appeared before the Board and presented to the Commissioners for their consideration
AS TUE a resolution authorizing and directing the Clerk and the Chairman of the Harnett
INC BOARD OF County Board of Commissioners to execute in the name of the Butes Creek-Coats
::REEK-COATS Water District of Harnett County a contract with the County of Harnett to the end
ATER DISTRICT that the County Utility Department shall operate the wastewater collection system and
IUTO CONTRACT trea:meRt plant of the District. collowing a discussion of Ulf.; resolution and the
MTV DEPT. contract, Commissioner Collins made a motion that the Board of Commissioners Ruling
MTI: COLLECT[-as the governing body of the Buses Creek-Coats Water and Sewer District of Harnett
STEM County adopt the following resolution; Commissioner Shaw seconded the motion and it
passed with a unanimous vote:
THAT WHEREAS, the County of Harnett is the owner of a wastewater treatment plan'_
located on Buies Creek in Neills Creek Township, Harnett County, North Carolina. and
that Buies Creek-Coats Water and Sewer District of Harnett County (hereinafter called
"District") was created for the purpose of constructing a wastewater collection
system for the District with the expectation of using said wastewater treatment plant;
and
WHEREAS, the District , after a vote of the citizens authorizing R 2i Million
Dollar bond issue, has constructed the wastewater collection system and has made
extensive improvements to the wastewater treatement plant owned by the County; and
WHEREAS, the County of Ilarnett has heretofore created
eated a utility department
and currently has employees capable of managing andoperating the wastewater
treatment plant and the wastewater collection system of the District within
the current operations of the County of Harnett Utility Department and that
further the Utility Department has been operating the wastewater treatment
plant since January 17, 1983; and
WHEREAS, the District has obligated itself through a general obligation
bond to be repaid over a period of 40 years in exchange for the funds to
construct said district collection system and to make the extensive repairs to
the treatment plant owned by the County of Harnett; and
WHEREAS, a few users from the District have at present been connected to
the collection system and the wastewater collected is being treated by the treat-
men( plant and that nearly all of the construction anticipated has been nearly
completed and that it is now appropriate for the District to enter into a
contract with the County of Harnett to the end that the Utility Department of
the County of Harnett shall operate the wastewater collection system and
treatment plant and operate the same as a County operated system.
NOW, THEREFORE, acting as the governing body of the nukes Creek-Coats Water
and Sewer District of Harnett County, he it resolved as follows:
That the Chairman and Clerk to the Hoard of Harnett County Commissioners be
and they are hereby authorized and directed to execute in the name of Butes
Creek-Coats Water District of llrnett County a contract with the County of Har-
nett to include those terms and conditions as set forth in the attached contract
document; to include the following:
I . Permit the wastewater treatment plant to he made available to and used
by the citizens of the District for a period of not less than 40 years, unless
other treatment facility is constructed for such use by the District in the
future.
2. Provide that the facility, the usage of the same and all and any avail-
able capacity or shortage of capacity shall be shared on a proportionally
equal basis with all other users of said wastewater treatement plant .
7. That the District's wastewater collection system be operated as
County operated System by the County of Ilarnett's Public Utility Department,
4. That the rates of charges for the use and maintenance of said wastewater
treatment facility and collection system for the district will he set and
established by the Harnett County Board of Commissioner sitting in both capaci-
ties as the governing body of the District and the County.
5. That said operation will be on a continuing basis until the District
and the Countyshall mutually modify or terminate the contractual arrangement.
6. That the advisory council
ncil heretofore created by the Board of Commis-
sinners be continued for thepurpose of gathering input and advice from local
citizens of the District.
7. That the County shall he entitled to cause any line in said system of
collection to he extended for the purpose of serving other customers; that the
se shall be operated as a County operated facility whether the same be owned
by the County or by the District and further that such extensions are not
required to he made by the District.
8. That the s wage treatment and collection service
e shall hr
by the County Utility Department c nnaul budget ibas s with properly
accounting for costs of the said utility svice along with either services
being offered and conducted by the County Utility Department.
9. Include such other provisions to properly carry out the intent and
purpose of this resolution as may, he determined by the officials of the County
of Harnett.
Adopted this 23rd Day of July, 1984.
BUIES CREEK-COATS WATER AND SEWER DrSTRICT
BY: s/Jesse Alphin
Chairman, Harnett County Board of Com-
missioners
ATTEST:
s/ Vanessa W. Young _
Clerk to the Harnett County Board
of Commissioners