February 13, 1976 - 5:00 PM - County Board of Commissioners Meeting Minutes (Special)

February 13, 1976 - Special1 4Fit width 156Meeting Board of Commissioners for the County of JohnstonFebruary 13, 1976The Johnston County Board of Commissioners met in special called session Friday, February13, 1976, at 5 oclock pm, in the Commissioners Room of the Johnston County Courthouse, Smithfield,North Carolina, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, Howard Benton and HoytCastleberryMember Absent Freddie AdamsThe meeting was called to order by the ChairmanThe following business was transacted1 Adoption of ResolutionUpon a motion by Commissioner Howard Benton, duly seconded by Commissioner Frank BHolding and carried by the following vote; Aye; Commissioners Frank B Holding, Howard Benton andHoyt Castleberry, Nay; None, the following resolution was adoptedWHEREAS, the Board of County Commissioners has reviewed and considered the attached copyof a proposed Contract marked Exhibit A between the County of Johnston, The Town of KENLY and SQBLeasing Corporation and is of the opinion that it is in the best interest of the County of Johnstonto enter into and become bound by the said Contract; andWHEREAS, the Board of County Commissioners has reviewed and considered the attached copyof a proposed Contract marked Exhibit B between the County of Johnston, the Town of Kenly and SQBLeasing Corporation and is of the opinion that it is in the best interest of the County of Johnstonto enter into and become bound by the said Contract;NOW THEREFORE BE IT RESOLVED1 That the attached contracts be and the same are hereby approved and Norman C Denning,Chairman is hereby authorized, empowered and directed to execute such contracts onbehalf of the County of Johnston Upon such execution said contracts shall thereafterbe valid and binding obligations of the County of Johnston2 That the appropriate officials of the County of Johnston are hereby authorized,empowered and directed to take such steps as may be necessary to fulfill theobligations of the County of Johnston under each of the attached contractsEXHIBIT ANORTH CAROLINAJOHSTON COUNTYTHIS CONTRACT made and entered into this 13 day of February, 1976, by and between SQBLeasing Corporation, a corporation organized and existing under the laws of the State of Delawarehereinafter called Company ; the County of Johnston, a body politic and corporate organized andexisting under the laws of the State of North Carolina; and the Town of Kenly, a municipalcorporation organized and existing under the laws of the State of North Carolina;W I T N E S S E T HWhereas the Company proposes to purchase an approximately 100 acre tract of land known asthe Overton Property on Interstate Highway I -95 near Kenly, North Carolina;Whereas the Company proposes to locate a plant on the property involving an initialinvestment in land, buildings and equipment in the amount of approximately 14,000,00000 and toemploy around 170 people at the said plant;Whereas the Company anticipates a water requirement initially of 30,000 gallons per daywith a possible future requirement of approximately 200,000 gallons per day;Whereas the Company desires to assure itself of the availability of a water supplysufficient to meet its anticipated present and future requirements;Whereas the Board of County Commissioners of the County of Johnston is of the opinionthat the best interests of the County of Johnston will be materially promoted by location of thesaid plant in Johnston County and desires to induce the Company to purchase the Overton Property andestablish a plant thereon; andWhereas the Town Council of the Town of Kenly is of the opinion that the best interestsof the Town of Kenly will be materially promoted by the location of the said plant on said tract ofland and desires to induce the Company to purchase the Overton Property and establish a plantthereonNOW THEREFORE, in consideration of the premises, and further in consideration of relianceby the Company on fulfillment of the obligations hereinafter undertaken, it is understood and agreedas followsiIv?,„? xFebruary 13, 1976 Cont1 The term of this Contract shall commence upon its execution by each and every contractingparty and shall terminate forty 40 years thereafter2 To the extent that the Town of Kenly shall not do so, the County of Johnston will, duringthe term of this Contract, supply to the Company such amounts of water as the Company mayrequire to meet the Companys present and anticipated future requirements as shown above3 The County of Johnston will install or cause to be installed and thereafter during theterm of this Contract maintain a sixteen inch water line extending from the Town of Micro,North Carolina to the Town of Kenly, North Carolina The installation of this water linewill be completed not later than June 1, 1977 The cost of this sixteen inch water linewill be paid by the County of Johnston from general revenues and no part of the cost will beadded to or be included or reflected in the water rates charged to the Company4 In the event the Company, during the term of this Contract, notifies the County ofJohnston that the Company proposes to enlarge its operation and as a result its waterrequirements will increase substantially, the County of Johnston will, at its own cost andexpense, install or cause to be installed and thereafter during the term of this Contractmaintain a water line extending from the Town of Smithfield, North Carolina to the Town ofKenly,North Carolina of sufficient size to provide the Town of Kenly with an adequate watersupply which, in addition to meeting the present and anticipated future needs of the otherwater users supplied by the Town of Kenly, will provide for the Company at least 200,000gallons of water per day Any permits or agreements required in connection with theinstallation of such water line will be obtained by the County of Johnston The cost of thisadditional water line will be paid from the general revenues of the County of Johnston and nopart of the cost will be added to or included or reflected in the water rates charged to theCompany5 Installation of such additional water line by the County of Johnston will be commencedpromptly after notification by the Company to the County of Johnston of its expansion plansand will be completed within eighteen I8 months after receipt of the aforesaid notice fromthe Company No special assessments or comparable charges will be levied upon the Companyin connection with the construction or maintenance of the water lines referred to above, nowor in the future, and at no time during the term of this Contract will the Company be chargedmore than the lowest charge per gallon for water paid by any other user supplied by theCounty of Johnston6 Any and all rights accruing to the Company under this Contract may be assigned by theCompany to any of its subsidiaries or to any related or affiliated corporation; and the termCompany shall include such subsidiary, related or affiliated corporationsIN WITNESS WHEREOF, SQB Leasing Corporation has caused this Contract to be executed by itsduly authorized representative, the County of Johnston has caused this Contract to beexecuted by the Chairman of its Board of County Commissioners, attested by the Secretary ofsuch Board, and its seal hereto affixed, all by authority of a resolution adopted by itsBoard of County Commissioners on the 13 day of February, 1976; and the Town of Kenly hascaused this Contract to be executed by its Mayor, attested by its Town Clerk, and itscorporate seal hereto affixed, all by authority of a resolution adopted by its Board ofCommissioners on the 13 day of February, 1976SQB LEASING CORPORATIONBYCOUNTY OF JOHNSTONBY Norman C DenningChairman, Board of County CommissionersSEALAttestEleanor N CreechSecretary, Board of County CommissionersTONW OF KENLYBY Gilbert Ray WhittMayorCORPORATE SEALAttestEdith KirbyTown ClerkF 158February 13, 1976 ContinuedEXHIBIT BINORTH CAROLINAJOHNSTON COUNTYTHIS CONTRACT made and entered into this 13 day of February, 1976 by and between SOBLeasing Corporation, a corporation organized and existing under the laws of the State of Delawarehereinafter called Company ; the County of Johnston, a body politic and corporate organized andexisting under the laws of the State of North Carolina; and the Town ofKenly, a municipal corporationorganized and existing under the laws of the State of North CarolinaW I T N E S S E T HWhereas the Company is presently negotiating for the purchase of an approximately 100acre tract of land know as the Overton Property on Interstate Highway I -95 near Kenly, North Carolina;IWhereas the Company proposes to locate a plant on the property involving an initialinvestment in land, buildings and equipment in the amount of approximately 14,000,00000 and toemploy at the said plant around 170 people; andWhereas the Company anticipates a sewage requirement initially of 30400 gallons per daywith a possible future requirement of approximately 200,000 gallons per day;Whereas prior to purchasing the Overton Property and establishing a plant thereon theCompany desires to assure itself of the availability of a sewage system and services sufficient tomeet its anticipated present and future requirements;Whereas the Board of County Commissioners of the County of Johnston is of the opinionthat the best interest of the County will be materially promoted by location of the said plant inJohnston County and desires to induce the Company to purchase the Overton Property and establish aplant thereon; andWhereas the Town Council of the Town of Kenly is of the opinion that the best interestof the Town of Kenly will be materially promoted by location of the said plant on said tract of landand desires to induce the Company to purchase the Overton Property and establish a plant thereon;NOW THEREFORE, in consideration of the premises it is understood and agreed as follows1 During the term of this Contract the Town of Kenly will provide and maintain sewagecollection and treatment facilities and service to the Company at such Overton Property,said facilities and service to be sufficient to meet the Companys anticipated present andfuture requirements as shown above2 The Town of Kenly will construct and install and during the term of this Contractmaintain sewage collection lines in such manner and of such design as to accommodate theCompanys anticipated present and future requirments as shown above3 The Town of Kenly will promptly complete the necessary studies and promptly makeapplication to the United States Environmental Protection Agency hereinafter calledEPA for a grant of funds for the construction of sewage collection and treatmentfacilities which, in addition to meeting the present and anticipated needs of other usersof the sewage collection and treatment facilities of the Town of Kenly, will provide forthe Company at least 200,000 gallons of sewage collection and treatment per day4 In the event such EPA grant is obtained by the Town of Kenly, the Town of Kenly willpromptly appropriate such funds, in addition to amounts received from the above - mentionedEPA grant, as may be necessary to complete the construction and installation of the saidsewage collection and treatment facilities, and the construction of the sewage collectionand treatment facilities will be commenced promptly and prosecuted diligently to completio 5 In the event the Company notifies the Town of Kenly that the Company proposes toenlarge its operation and as a result of such enlargement its sewage requirements willincrease substantially, and in the event the Town of Kenly has not obtained the EPA grantwithin three 3 months after such notice, the Town of Kenly will promptly request theCounty of Johnston, at the cost and expense of the County of Johnston, to establish asewage collection and treatment facility of sufficient capacity to meet both the presentand anticipated needs of other users of such sewage facility and to assure the Companyof at least 200,000 gallons of sewage collection and treatment per day6 The Town of Kenly agrees that during the term of this Contract it will notor contract to furnish sewage collection and treatment facilities for servicesadditional industrial or commercial customers if the furnishing of such faciliservice would, under the circumstances then existing or which might reasonablyanticipated, jeopardize the Town of Kenlys ability to perform its obligationsContractfurnishto anyties orbeunder this7 No special assessments or comparable charges will be levied upon the Company inconnection with the constructiondl`; -the sewage collection and treatment facilities referreto above, now or in the future, and a, no time during the term of this Contract will theCompany be charged more than the lowest charge per gallon charged to any other user of thesaid sewage collection and treatment facilities and service of the Town of Kenly8 To the extent that the Town of Kenly shall not do so, the County of Johnston willduring the term of this Contract provide sewage collection and treatment facilities andFebruary 13, 197-6 Contservice to the Company at the said Overton Property sufficient to meet the Companysanticipated present and future requirements as shown above, including the construction andinstallation of sewage collection lines to the property lines of the Company9 in the event the Company notifies the County of Johnston that the Company proposes toenlarge its operation and as a result of such enlargement its sewage requirements willincrease substantially, and in the event the Town of Kenly has not at that time appropriatethe necessary funds for and entered into binding contracts for the establishment of sewagecollection and treatment facilities of sufficient size and design to provide the Town ofKenly with an adequate sewage system which, in addition to meeting the present andanticipated needs of other users of the sewage system of the Town of Kenly, will providefor the Company at least 200,000 gallons of sewage treatment and disposal per day, theCounty of Johnston will promptly, at its own cost and expense, install or cause to beinstalled sewage collection and treatment facilities which, together with sewage collectionand treatment facilities available to the Company from the Town of Kenly, will provide forthe Company at least 200,000 gallons of sewage collection and treatment per day Thecontracts for such sewage collection and treatment facilities will be let by the County ofJohnston promptly after the aforesaid notice to the County of the Companys intention toexpand operations and said facilities will be completed within eighteen 18 months afterreceipt of the aforesaid notice10 No special assessments or comparable charges will be levied upon the Company inconnection with the construction of the sewage collection and treatment facilities referredto above, now or in the future, and at no time during the term of this Contract will theCompany be charged more for sewage service than the lowest charge per gallon charged to anyother user of the system11 The County of Johnston agrees that during the term of this Contract it will not furnishor contract to furnish sewage collection and treatment facilities for services to anyadditional industrial or commercial customers if the furnishing of such facilities orservice would, under the circumstances then existing or which might reasonably be anticipatel,jeopardize the County of Johnstons ability to perform its obligations under this Contract12 The term of this Contract shall commence upon its execution by each and every contracparty and shall terminate thirty 30 years thereafterIN WITNESS WHEREOF the County of Johnston, the Town of Kenly and SOB Leasing Corporationhave caused this Contract to be signed by their duly authorized representatives, this theday and year first above writtenSQB LEASING CORPORATIONBYCOUNTY OF JOHNSTONBY Norman C DenningChairman, Board of County CommissionersSEALATTESTEleanor N CreechSecretary, Board of County CommissionersTOWN OF KENLYBY Gilbert Ray WhitleMayorCORPORATE SEAL HEREAttestEdith KirbyTown ClerkUpon a motion by Commissioner Frank B Holding, duly seconded by Commissioner HoytCastleberry and carried this special meeting was adjournedNorman C Denning, ChaiEleanor N Creech Clerk