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HomeMy WebLinkAboutWQCS00137_Owner (Name Change)_20240628State of North Carolina Department of Environmental Quality DWR Division of Water Resources SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE Division of Water Resources INSTRUCTIONS FOR FORM: PNOCF 01-16 This form is for ownership changes or name changes of a sewer system permit. Please note that "Permtttee" references the existing permit holder, and that "Applicant" references the entity applying for the ownership/name change. Sewer permits start with a WQ or WQCS and contain the terms sewer extension or collection system in the subject field. This form should not be used for permits with NC, NCG, SW or other types of non -sewer permits beginning with WQ. For more information, visit the Division's Water Quality Permitting's website: A. Sewer System Permit Ownership/Name Change (FORM: PNOCF 01-16) Application (All Applications): ® Submit an original completed and appropriately executed application (PNOCF 01-16). ® The Existing Permittee's Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106 c , an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106(b). ® The Applicant's Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106(c), an alternate person may be designated as the signing official if a delegation letter is provideria in 15A NCAC 02T .0106(b). AFPCEIVEDr B. Existing Permit (All Applications): ® Submit a copy of the most recently issued permit and certification. J U N 2 8 2024 C. Property Ownership Documentation (All Applications): ➢ The Applicant shall demonstrate they are the owner of all property containing the sewer system facilities: ® Legal documentation of ownership (i.e., GIS, deed, article of incorporation, or contract , V R / I V P p E S ❑ Written notarized intent to purchase agreement signed by both parties with a plat ors /lft' ® Approved board minutes D. Certificate of Public Convenience and Necessity (All Applications where the Applicant is a Privately -Owned Public Utility): ❑ Per 15A NCAC 02T .0115(a)(1), provide one copy of the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served by the non -discharge system. E. Operational Agreements (Applications where the Applicant is a Home/Property Owners' Association or Developer of lots to be sold): ➢ Home/Property Owners' Associations ❑ Per 15A NCAC 02T .0115(c), submit an original properly executed Operational Agreement (FORM: HOA). ❑ Per 15A NCAC 02T .0115(c), submit an original proposed or approved Articles of Incorporation, Declarations and By- laws that contain the language required by the Operational Agreement. ➢ Developers of lots to be sold ❑ Per 15A NCAC 02T .0115(b), submit an original of the properly executed Operational Agreement (FORM: DEV). F: Package Submitted in Duplicate ® Submit a copy of all required documents in Instructions A-E as required THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED IN DUPLICATE TO: NCDEQ - DWR Water Quality Permitting Section PERCS Unit By U.S. Postal Service: By Courier/Special Delivery: 1617 MAIL SERVICE CENTER 512 N. SALISBURY ST. RALEIGH, NORTH CAROLINA 27699-1636 SUITE 925 RALEIGH. NORTH CAROLINA 27604 TELEPHONE NUMBER: (919) 807-6300 INSTRUCTIONS FOR APPLICATION PNOCF 01-16 Page 1 of 1 DW_R, Division of Water Resources I. EXISTING PERMITTEE INFORMATION: State of North Carolina Department of Environmental Quality Division of Water Resources SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE INSTRUCTIONS FOR FORM: PNOCF 01-16 1. Permittee's name: City of Southport 2. Signature authority's name: Bonnie Therrien per 15A NCAC 02T .0106(b) 3. Signature authority's title: City Manager 4. Permittee's mailing address: 1029 N. Howe Street City: Southport State: NC Zip: 28461- 5. Permittee's contact information: Phone number: 9( 10) 457-7988 Fax Number N/A) --- -_ Email Address: btherrien(&cityofsouthport.com H. APPLICANT INFORMATION: 1. Applicant's name: Brunswick County 2. Signature authority's name: John Nichols, PE, CPESC per 15A NCAC 02T .0106(b) 3. Signature authority's title: Public Utilities Director 4. Applicant's mailing address: P.O. Box 249 City: Bolivia State: NC Zip: 28422- 5. Applicant's contact information: Phone number: (910) 253-2657 Fax Number (910) 253-4305 Email Address: John.nicholsabrunswickcountync.gov 6. Representative's name: Donald Dixon 7. Representative's title: Deputy Director of Wastewater Operations 8. Representative's contact information Phone number: (910) 253-2485 Fax Number 910 253-4305 Email Address: donald.dixona-brunswickcouni nc.gov III. PERMIT INFORMATION: 1. Existing permit number: WOCS00137 and most recent issuance date: March 26, 2018 2. Reason for the permit application: Change of Ownership If other, attach detailed explanation 3. Has the facility been constructed? ® Yes or ❑ No 4. Has the facility been certified per 15A NCAC 02T .0116? ® Yes or ❑ No FORM: PNOCF 01-16 Page 1 of IV. CERTIFICATIONS: Existing Permittee's Certification per 15A NCAC 02T .0106(b): I, Bonnie Therrien City Manager (City of Southport) attest that this application (Signature Authority's name & title from Application Item 1.2 & 3) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that prior to reissuance of the permit into the Applicant's name, I will continue to be responsible for compliance with the current permit and any discharge of wastewater from this system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will also make no claim against the Division of Water Resources should a condition of the existing permit be violated. I also understand that if all required parts of this application are note completed and that if all required supporting information and attachments are not included, this application will be returned to me as incomplete. NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certificatio in any appli ation package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as it any o $25,000 per violation. Signature: 0 ' Date: ✓'^ ��� Applicant's Certification per 15A NCAC 02T .0106(b): I, John Nichols Public Utilities Director (Brunswick County) attest that this application (Signature Authority's name & title from Application Item II.2&3.) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that after issuance of the permit into the Applicant's name, I will be responsible for compliance with the issued permit and any discharge of wastewater from this non - discharge system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as we civil na ti up to $25,000 per violation. Signature: Date: FORM: PNOCF 01-16 Page 2 of Wetter Resources ENVIRONFiENTAL OUALI I March 26, 2018 Mr. David H. Fox, Public Works Director City of Southport 1029 N. Howe Street Southport, NC 28461 Subject: Permit No. WQCS00137 City of Southport City of Southport Collection System Brunswick County Dear Mr. Fox: ROY COOPER G,ma,ror MICHAEL S. REGAN LINDA CULPEPPER /nlcri,n l)irrrn�r In accordance with your application received February 26, 2018, we are forwarding herewith Permit No. WQCS00137, dated March 26, 2018, to the City of Southport for the operation and maintenance of the subject wastewater collection system. This permit shall be effective from March 26, 2018 until March 1, 2026 and shall be subject to the conditions and limitations specified herein. It is your responsibility to thoroughly review this permit. Please pay particular attention to the monitoring and reporting requirements in this permit and any special conditions. Changes have been made to the boiler plate language of the permit. Most of the changes are for clarification purposes, however Condition 1(3) has been removed. The Department of Environmental Quality (DEQ) believes that condition was included erroneously in previous permits. It was included based on proposed rulemaking by EPA which was never promulgated and, in the continued absence of Federal regulations, DEQ lacks authority to include such language in a permit. DEQ will continue to exercise enforcement discretion when evaluating sanitary sewer overflows that may be considered to be beyond the reasonable control of the Permittee. A highlighted copy of the permit identifying the changes made is available at: http://ncdenr.s3.amazonaws.com/s3fs- pub1ic/Water%20Qua1ity/Surface%20Water%2OProtection/PERCS/WCS%20(Collection%20SVstem)/Updated %20WQCS%20Template%2015.05.18%20(highlighted).pdf For purposes of permitting, the collection system is considered to be any existing or newly installed system extension up to the wastewater treatment facility property or point of connection with a separately owned sewer system. The collection system is considered all gravity lines, pump stations, force mains, low pressure sewer systems, STEP systems, vacuum systems, etc. and associated piping, valves and appurtenances that help to collect, manage and transport wastewater to a wastewater treatment plant under the Permittee's ownership or maintained and operated by the Permittee through a perpetual legal agreement. Satellite systems are systems tributary to the Permittee's collection system but those collection systems are not owned or maintained by the Permittee. The system description provided on Page 1 of this permit is meant to provide a general idea about the size of the system and may not be all inclusive of the collection system at the time of permit issuance or afterward. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-63001 Internet: www.ncwaterquality.org An Equal Opportunity 1 AKrmalive Action Employer - Made in part by recycled paper City of Southport Collection System March 26, 2018 A discharge of wastewater to the environment from the Permittee's wastewater collection system prior to reaching the wastewater treatment facilities is referred to herein as a Sanitary Sewer Overflow (SSO). The evaluation of enforcement options after an SSO will be determined considering all relevant information available or requested of the Permittee. Compliance with all conditions of the permit as well as all statutes and regulations pertaining to the wastewater collection system must be maintained or appropriate enforcement actions may be taken as noted in Condition VI(2). A reportable SSO is an SSO greater than 1,000 gallons to the ground or an SSO of any amount that reaches surface water (including through ditches, storm drains, etc.). Reporting requirements including the required verbal report and written report to the appropriate regional office are referenced in Condition IV(2), Form CS-SSO can be downloaded from the SSO Reporting area at: http://ncdenr.s3.amazonaws.com/s3fs- public/Water%20Quality/Surface%2OWater%2OProtection/PERCS/WCS%20(SSO%2ODocuments)/CS SSO(2015).doc A notice of deficiency (NOD), notice of violation (NOV), civil penalty, and/or a moratorium on the addition of waste to the system may be issued if adequate justification for an SSO is NOT submitted to the regional office. In order to submit a claim for justification of an SSO, you must use Part II of form CS-SSO with additional documentation as necessary. DWR staff will review the justification claim and determine if enforcement action is appropriate. Please be advised that the information needed to justify a spill is very comprehensive. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty days following the receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you have questions regarding compliance, contact the appropriate regional office. If you need additional information concerning this permit, please contact Steve Lewis at (919) 807-6308. Sincerely, for Linda Culpepper Interim Director, Division of Water Resources by Deborah Gore, Supervisor Pretreatment, Emergency Response, Collection System Unit (PERCS) enclosure: Permit No. WQCS00137 cc: Wilmington Regional Office, Water Quality Regional Operations West Brunswick WWTF Water Resources Central Files — WQCS00137 (electronic) Maureen Kinney, NC Operators Certification Program (electronic) PERCS Files (electronic) STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY SYSTEM -WIDE COLLECTION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Southport WQCS00137 FOR THE operation and maintenance of a wastewater collection system consisting of, at the time of permit issuance, approximately 5.85 miles of gravity sewer, approximately 18.25 miles of pressure sewer, approximately 26.1 miles of force main, 30 duplex pump stations, and all associated piping, valves, and appurtenances required to make a complete and operational wastewater collection system to serve the City of Southport and any deemed permitted satellite communities pursuant to the application received February 26, 2018, and in conformity with the documents referenced therein and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from March 26, 2018 until March 1, 2026, and shall be subject to the following specified conditions and limitations: Page 1 of 7 I. PERFORMANCE STANDARDS 1. The sewage and wastewater collected by this system shall be treated in the properly permitted Wastewater Treatment Facility identified in the permit application and documented in the Division's database. [15A NCAC 02T .0108 (b)] 2. The wastewater collection system shall be effectively managed, maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. In the event that the wastewater collection system fails to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate actions as per the Response Action Plan (Condition II(9)), as well as any actions that may be required by the Division of Water Resources (Division), such as the construction of additional or replacement sewer lines and/or equipment. [15A NCAC 02T .0108 (b)] The Permittee shall establish by ordinance, inter -local agreement or contract its legal authority to require new sewers be properly constructed; to ensure proper inspection and testing of sewer mains and service laterals; to address flows from satellite systems and to take enforcement action as required by Condition 1(4). [G.S. 143-215.913; G.S. 143-215.1(f)(1)] The Permittee shall develop and implement an educational fats, oils and grease program that shall include at least semiannual distribution of educational material targeted at both residential and non- residential users. The Permittee shall also develop and implement an enforceable fats, oils and grease program for non-residential users under which the Permittee can take enforcement against users who have not properly installed, operated and maintained grease traps or grease interceptors as directed or otherwise violated the terms of the enforcement program pertaining to fats, oils and grease. [15A NCAC 02T .0108 (b)] 5. The Permittee shall adopt and implement a Capital Improvement Plan (CIP) to designate funding for reinvestment into the wastewater collection system infrastructure. The CIP should address the short- term needs and long-term "master plan" concepts. The CIP should typically cover a three to five year period and include a goal statement, description of the project area, description of the existing facilities, known deficiencies (over a reasonable period) and forecasted future needs. Cost analysis is integral to the CIP. [G.S. 143-215.96] 6. Overflow piping from manholes and pump stations, excluding piping to approved equalization structures, known or discovered after permit issuance shall be immediately removed or permanently capped. Plugged or valved emergency pumping connections are allowable for portable pumping or rerouting without intentionally bypassing the wastewater treatment facility. [15A NCAC 02T .0108 (b)] 7. The Permittee shall maintain a contingency plan for pump failure at each pump station. If one of the pumps in a pump station containing multiple pumps fails, the process of repairing or replacing the pump shall be initiated immediately and the new parts or pump shall be installed as soon as possible. The permittee shall provide justification for delay in initiating the process for repair or replacement at the Division's request. If the pump in a simplex pump station serving more than a single building or pump stations not capable of pumping at a rate of 2.5 times the average daily flow rate with the largest pump out of service fails, it shall be replaced immediately. [15A NCAC 02T .0305 (h) (1)] Page 2 of 7 8. Each pump station shall be clearly and conspicuously posted with a pump station identifier and an emergency contact telephone number at which an individual who can initiate or perform emergency service for the wastewater collection system 24 hours per day, seven days per week can be contacted. This emergency contact telephone number shall be coupled with instructions that the emergency contact should be called if the visual alarm illuminates, if the audible alarm sounds, or if an emergency is apparent. [15A NCAC 02T .0305 (h) (2)] 9. Pump station sites, equipment and components shall have restricted access. [15A NCAC 02T .0305 (h) (4)] 10. Pump stations that do not employ an automatic polling feature (i.e. routine contact with pump stations from a central location to check operational status of the communication system) shall have both audible and visual high water alarms. The alarms shall be weather-proof and placed in a clear and conspicuous location. Permits issued for the construction of pump stations that included high water alarms in the description must maintain the alarms even if simple telemetry (i.e. notification of an alarm condition initiated by the pump station control feature) is installed. [15A NCAC 02T .0305 (h) (1)] 11. For all newly constructed, modified and rehabilitated pump stations, all equipment and components shall be sealed within a corrosion -resistant coating or encasement to the extent practicable and equivalent to the minimum design criteria unless the permittee can demonstrate it is not practicable or another form of corrosion resistance is employed. [15A NCAC 02T .0108 (b)] II. OPERATION AND MAINTENANCE REQUIREMENTS 1. Upon classification of the collection system by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s) to be back-up ORC(s) of the facilities in accordance with 15A NCAC 8G .0201. The ORC shall visit the system within 24 hours of knowledge of a bypass, spill, or overflow of wastewater from the system, unless visited by the Back -Up ORC, and shall comply with all other conditions of 15A NCAC 8G .0204. [15A NCAC 08G .0200 et.seq.] 2. The Permittee shall develop and adhere to a schedule for reviewing all inspection, maintenance, operational and complaint logs. If the review process results in the identification of any recurring problem in the wastewater collection system that cannot be resolved in a short time period, the Permittee shall establish a plan for addressing the problem(s). [15A NCAC 02T .0108 (b)] 3. The Permittee shall develop and adhere to a schedule for testing emergency and standby equipment. [15A NCAC 02T .0108 (b)] 4. The Permittee shall develop and implement a routine pump station inspection and maintenance program which shall include the following maintenance activities: a. Cleaning and removing debris from the pump station structure, outside perimeter, and wet well; b. Inspecting and exercising all valves; c. Inspecting and lubricating pumps and other mechanical equipment; and d. Verifying the proper operation of the alarms, telemetry system and auxiliary equipment. [15A NCAC 02T .0108 (b)] Page 3 of 7 5. For each pump station without pump reliability (i.e. simplex pump stations serving more than a single building or pump stations not capable of pumping at a rate of 2.5 times the average daily flow rate with the largest pump out of service), at least one fully operational spare pump capable of pumping peak flow shall be maintained on hand. [15A NCAC 02T .0305 (h) (1) (A)] 6. The Permittee shall maintain on hand at least two percent of the number of pumps installed, but no less than two pumps, that discharge to a pressure sewer and serve a single building, unless the Permittee has the ability to purchase and install a replacement pump within 24 hours of first knowledge of the simplex pump failure or within the storage capacity provided in a sewer line extension permit. [15A NCAC 02T .0108 (b)] 7. Rights -of -way and/or easements shall be properly maintained to allow accessibility to the wastewater collection system unless the Permittee can demonstrate the ability to gain temporary access in an emergency situation where existing land -use conditions do not allow the establishment and maintenance of permanent access. In this case, the Permittee shall continue to observe the lines visually, utilize remote inspection methods (e.g. CCTV) and use the opportunity of drier conditions to perform further inspections and necessary maintenance. [15A NCAC 02T .0108 (b)] 8. The Permittee shall assess cleaning needs, and develop and implement a program for appropriately cleaning, whether by hydraulic or mechanical methods, the wastewater collection system. At least 10 percent of the gravity wastewater collection system, selected at the discretion of the ORC, shall be cleaned each year. Preventative cleaning is not required for sewer lines less than five years old unless inspection otherwise reveals the need for cleaning or cleaning is required by a sewer line extension permit. [15A NCAC 02T .0108 (b)] 9. The Permittee shall maintain a Response Action Plan that addresses the following minimum items: a. Contact phone numbers for 24-hour response, including weekends and holidays; b. Response time; c. Equipment list and spare parts inventory; d. Access to cleaning equipment; e. Access to construction crews, contractors and/or engineers; f. Source(s) of emergency funds; g. Site restoration and clean up materials; and h. Post-SSO assessment. [15A NCAC 02T .0108 (b)] 10. The Permittee, or their authorized representative, shall conduct an on -site evaluation for all SSOs as soon as possible, but if feasible no more than two hours after first knowledge of the SSO. The Permittee shall document in its 5-day report why it was unable to initially respond to any SSO location within two hours. [15A NCAC 02T .0108 (b)] 11. In the event of an SSO or blockage within the wastewater collection system, the Permittee shall restore the system operation, remove visible solids and paper, restore any ground area and restore the surroundings. [15A NCAC 02T .0108 (b)] III. RECORDS 1. Records shall be maintained to document compliance with Conditions 1(4), II(2) - 11(4), II(7) - II(8), IV(3) and V(1) -V(4). Records shall be kept on file for a minimum of three years. [15A NCAC 02T .0108 (b)] Page 4 of 7 2. The Permittee shall maintain adequate records pertaining to SSOs, and SSO or wastewater collection system complaints for a minimum of three years. These records shall include, but are not limited to, the following information: a. Date of SSO or complaint; b. Volume of wastewater released as a result of the SSO and/or nature of complaint; C. Location of the SSO and/or complaint; d. Estimated duration of the SSO; e. Individual from the Division who was informed about the SSO and/or complaint, when applicable; f. Final destination of the SSO; g. Corrective actions; h. Known environmental/human health impacts resulting from the SSO; and i. How the SSO was discovered. [15A NCAC 02T .0108 (b)] 3. The Permittee shall maintain an up-to-date, accurate, comprehensive map of its wastewater collection system that also notes the locations where other wastewater collection systems become tributary. If a comprehensive map of the collection system has not been established, a rough sketch shall be drawn. The Permittee shall map approximately 10 percent of its existing collection system each year for the next ten years beginning at the original permit issuance date, or until complete, whichever is sooner. The comprehensive map shall include, but is not limited to: pipe size, pipe material, pipe location, flow direction, approximate pipe age, and each pump station identification, location and capacity. [15A NCAC 02T .0108 (b)] 4. The Permittee shall maintain records of all of the modifications and extensions to the collection system permitted herein. The Permittee shall maintain a copy of the construction record drawings and specifications for modifications/extensions to the wastewater collection system for the life of the modification/extension. Information concerning the extension shall be incorporated into the map of the wastewater collection system within one year of the completion of construction. The system description contained within this permit shall be updated to include this modification/extension information upon permit renewal. [15A NCAC 02T .0108 (b)] IV. MONITORING AND REPORTING REQUIREMENTS 1. In the event of an SSO the Division may require monitoring that is necessary to ensure surface water and groundwater protection and an acceptable sampling and reporting schedule shall be implemented. [15A NCAC 02T .0108 (c)] 2. The Permittee shall verbally report to a Division of Water Resources staff member at the Wilmington Regional Office, at telephone number (910) 796-7215 as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of the following circumstances within the collection system which is under the Permittee's ownership or maintained and operated by the Permittee through a perpetual legal agreement: a. Any SSO and/or spillover 1,000 gallons to the ground; or b. Any SSO and/or spill, regardless of volume, that reaches surface water. Voice mail messages or faxed information shall not be considered as the initial verbal report. SSOs (and other types of spills) occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Page 5 of 7 Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS- SSO (or the most current Division approved form), within five business days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. [G.S. 143-215.1C(a1)] The Permittee shall meet the annual reporting and notification requirements provided in North Carolina General Statute §143-215.1C. V. INSPECTIONS The Permittee or the Permittee's designee shall inspect the wastewater collection system regularly to reduce the risk of malfunctions and deterioration, operator errors, and other issues that may cause or lead to the release of wastes to the environment, threaten human health or create nuisance conditions. The Permittee shall keep an inspection log or summary including, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. [15A NCAC 02T .0108 (b)] Pump stations that are not connected to a telemetry system (i.e., remote alarm system) shall be inspected by the permittee or its representative every day (i.e., 365 days per year). Pump stations that are connected to telemetry shall be inspected at least once per week. [15A NCAC 02T .0108 (b)] A general observation by the permittee or its representative of the entire wastewater collection system shall be conducted at least once per year. [15A NCAC 02T .0108 (b)] 4. Inspections of all high priority lines (i.e. aerial line, sub -waterway crossing, line contacting surface waters, siphon, line positioned parallel to stream banks that are subject to eroding in such a manner that may threaten the sewer line, or line designated as high -priority in a permit) shall be performed at least once per every six-month period of time. A list of high -priority lines is presented as Attachment A and is hereby incorporated into this permit condition. New high priority lines installed or identified after permit issuance are incorporated by reference and subject to this permit condition until permit renewal where they shall be referenced in writing in Attachment A. [15A NCAC 02T .0108 (b)] VI. GENERAL CONDITIONS 1. This permit is not transferable. In the event that the Permittee desires to transfer ownership of the wastewater collection system or there is a name change of the Permittee, a formal permit modification request shall be submitted to the Division. The request shall be accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. Such request will be considered on its merits and may or may not be approved. [15A NCAC 02T .0104; G.S. 143-215.1(d)(3)] 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, and a sewer moratorium may be established. [15A NCAC 02T.0104] 3. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e., local, state, and federal) having jurisdiction. [G.S. 143-215.1(b)] 4. The issuance of this permit does not prohibit the Division from reopening and modifying the permit, revoking and reissuing the permit or terminating the permit as allowed by the laws, rules, and regulations or as needed to address changes in federal regulations with respect to the wastewater collection system, in accordance with required procedures. [G.S. 143-215.1(b)(4)] Page 6 of 7 5. The Permittee shall pay the annual fee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit. [15A NCAC 02T .0110 (4)] 6. The Permittee shall file an application for renewal of this permit at least six months prior to the expiration of this permit. Upon receipt of the request, the Director will review the adequacy of the wastewater collection system described therein, and if warranted, will extend the permit for a period of time and under such conditions and limitations, as the Director may deem appropriate. [15A NCAC 02T .0109] 7. The Permittee shall notify the Division's Pretreatment, Emergency Response and Collection Systems Unit in writing at 1617 Mail Service Center, Raleigh, North Carolina 27699 of any changes to the name and/or address of the responsible party (i.e. mayor, city/town manager) of the wastewater collection system. [15A NCAC 02T .0106 (c)] 8. Any duly authorized officer, employee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the collection system at any reasonable time for the purpose of determining compliance with this permit, may inspect or copy any records that must be maintained under the terms and conditions of this permit, and may obtain samples of wastewater, groundwater, surface water, soil, or plant tissue. [15A NCAC 02T .0110 (3)] 9. The Permittee or their authorized representative shall have available a copy of this permit to present upon request by any duly authorized officer, employee, or representative of the Division. [15A NCAC 02T .0104] VII. SPECIAL CONDITION 1. This permit shall become voidable unless the agreement between the City of Southport and the West Brunswick WWTF (WQ0023693) for the collection and final treatment of wastewater is in full force and effect. [15A NCAC 02T .0108 (b); 15A NCAC 02T .0304 (h)) Permit issued this the 26th of March, 2018 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Linda Culpepper Interim Director, Division of Water Resources By Authority of the Environmental Management Commission by Deborah Gore, Pretreatment, Emergency Response, Collection System Unit Supervisor Division of Water Resources, NCDEQ Page 7 of 7 ::::PS:#::::::::::': =:::' :::•:•::•:• .:..:..:.........::................•...PUMP STATION (PS) MASTER :•:.:.:. :PS :Naid r wi.ian. r• : L acatlorifjociddres >....:::::• ' : ' :...::,;:•:.::::.:: > :.:•::•::: LISTING :.::........::.........:: s ... 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M.•..:.: #I ::: ::::: PS # PS Name/Identifier Location/Address Latitude Longitude Alarm S Systems Audible Visible Telemetr SCADA REMARKS Date of Last Pump Down Test Total Capacity (GPM) Pump#1 Pum p #2 Pump #3 Pump #4 Level Controls GP GPM GPM GPM (floats, bubblers, Oage 1 of 1 Pump Station (PS) Master Listing Date Last Updated: 3/30/201; PUMP STATION (PS) MASTER res LISTING . . . . . . . . . . . . . . . . . . . . . . ..... .... ...... .... . . . Of. : OW , L6M t77 7� .. ..... 7. • . 'T X P U .......... 0 .. ...... P .4F4 PS # PS Name/Identifier L-OcatiOn/Address ........ .. ...... ...... ........ -4 4 Latitude Longitude Audible Alarm Systems Visible Telemet ... . . REMARKS 9 t" Date of Last pump Down Test Total Capacity (GPM) Pump #1 PUMP#2 PUMP #3 Pump #4 Level Controls GPM GPM GPM GPM floats, bubblers, ........... P. N ....... -S M.1W �;Ilr �!d M 4d6htifl .............. ... ... ....... 6 r duce a .. ... .... ... RE.Aj ......... .... ........ ... ...... 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FIX # PS Name/ldentifi er Location/Address . . . . . . . . . . . . . . ....... --------- L) A L E :�l jif 2, T e 1-CIL-Ituid Longitude — Audible Alarm Systems Visible Telemetr SCADA REMARKS Date of Last Pump (xx Down Test Total Capacity (GPM) PUMP #1 Pump #2 Pump #3 Pump #4 Level Controls — GPM' GPM GPM GPM (floats, bubblers, Page 1 of 1 PUMP - Station (PS) Master Listing Date Last Updated: 3/30/201, S3®dN/8MG/03G0N �, K bzoz s9 Nnr APPROVED S w CO o 3AI303 Brunswick County Board of a Commissioners ACTION AGENDA ITEM June 17, 2024 RECEIVED fir# CA JUN 2 8 2024 NCDEQ/DWR/NPDES From: Action Item# V113 Donald Dixon, DEPUTY DIRECTOR WW City of Southport Water and Wastewater Systems Merger OPERATIONS Agreement Issue/Action Requested: Request the Board of Commissioners approve the conveyance of the City of Southport water and wastewater system, authorize the Chairman to execute the Utilities Acquisition Agreement and any additional documents necessary for conveyance of the system, subject to County Attorney approval. Background/Purpose of Request: At the request of the City of Southport, in 2021, Brunswick County approved a resolution to assist the City in submitting an application to the North Carolina Department of Environmental Quality (NCDEQ) Merger/Regionalization Feasibility Grant Program to evaluate the potential merger of the Brunswick County Utility System with the City of Southport's water and wastewater systems. The City of Southport received the grant(s) to evaluate the potential merger, and after the acceptance, a feasibility study was initiated and ultimately completed in August 2023. The study indicated that a merger of the Southport water and wastewater system with the Brunswick County utility system was feasible. The reports indicate a merger would reduce the burden of operating and maintaining the system by shifting the burden from a limited number of citizens to a larger system through economies of scale. The County will be adding the City's water and wastewater system assets as shown in the attached agreement, including those employees that are eligible and elect to transfer to the County. The water and sewer customers in the City will become customers of Brunswick County at the same rates and fees paid by County customers. The City also agrees to transfer to the County all retained earnings associated with the Water and Sewer Enterprise Fund. On a parallel path, the city applied for and received grant funding to assist in rehabilitation and improvement of various areas within the existing water and wastewater system. Additionally, Brunswick County was allocated $35M in grants to defray costs associated with upgrades that will be required after approval of the merger agreement. In January 2024, the City voted to request a merger Page 829 of 861 of its water and wastewater system with the County utility system. County staff have worked with Southport staff and their design consultants to transition the aforementioned rehabilitation and improvement projects, as follows: Pump Station Rehab - $2,800,000 — NCDEQ Grant — SRP-W-ARP-0105- Sewer Replacement - $10,500,000 - County funded Evaluation & Rehab of Wastewater System Find It Fix It - $9,835,000 — NCDEQ Funding — $8,544,320 SRF loan & $1,290,680 SRF grant (SRFCS370714-04 & SRP-W-ARP-029) Lead Service Line Inventory— Cost TBD - based on findings of system inventory County and City staff determined that the City would complete the design and bidding for each project. Upon execution of the agreement, County staff would assume construction responsibilities for all projects. This includes grant administration requirements, project management services, and construction oversight by County staff. Additionally, the County will offer employment to 3 Southport employees and has requested 6 additional employees for the increase in workload. • One new Project Manager (G28, $72,435) • Two new Water Quality Technicians (G15, $41,011 ea.) • One new Utility Locator (G16, $40,335) • One new Instrumentation Control Tech -Electrician (G18, $44,469) • One new Collection Mechanic (G15, $41,011) There are also one-time implementation costs of approximately $608,000 associated with the merger, which includes vehicles, computers, odor control units, sewer jetter, metal detectors, ground penetrating radar, etc. Recurring operating costs are estimated to be $1.58M per year. There may also be costs associated with lead and copper service replacement. These costs are not known at this time as the inventory assessment is underway. Staff requests the Board of Commissioners approve the conveyance of the City of Southport water and wastewater system, and authorize the Chairman to execute the Utilities Acquisition Agreement and any additional documents necessary for the conveyance of the system, subject to County Attorney approval. Fiscal Impact: • Reviewed By Director of Fiscal Operations • Capital Project/Grant Ordinance Required • Budget Amendment Required • Pre -Audit Certification Required Funds are proposed in the FY 25 Budget to be approved at the June 17th, 2025 meeting. Additionally, the attached budget amendments and capital project ordinances appropriate: • Grant and local revenues to offset engineering expenditures paid for by Southport that will be Page 830 of 861 transferred to the County as part of three ongoing capital projects. • State Revolving Fund Loan proceeds for the Mulberry Branch WRF in place of contributions from the City of Southport. Approved By County Attorney: Advisory Board Recommendation: County Manager's Recommendation: Recommend that the Board of Commissioners approve the conveyance of the City of Southport water and wastewater system, authorize the Chairman to execute the Utilities Acquisition Agreement and any additional documents necessary for conveyance of the system, subject to County Attorney approval. Attachments: 1. Southport Utilities Acquisition Agreement Final 2. 20240617 CPO Southport Merger -Pump Station Rehab 3. 20240617 Budget Amendment Southport Merger -Pump Station Rehab 4. 20240617 CPO Southport Merger -Find and Fix 5. 20240617 Budget Amendment Southport Merger -Find and Fix 6. 20240617 CPO Southport Merger -Sewer Replacement 7. 20240617 Budget Amendment Southport Merger -Sewer Replacement 8. 20240617 CPO Mulberry Branch WRF .75 MGD Southport 9. 20240617 Budget Amendment State Revolving Loan Proceeds Page 831 of 861 AGREEMENT OF CITY OF SOUTHPORT TO CONVEY WATER AND SEWER SYSTEMS TO BRUNSWICK COUNTY THIS AGREEMENT TO CONVEY WATER AND SEWER SYSTEMS, dated this the day of June 2024, by and between the COUNTY OF BRUNSWICK, a political subdivision and body politic of the State of North Carolina of the State of North Carolina (hereafter the "County"), and the CITY OF SOUTHPORT, a municipal corporation of the State of North Carolina (hereafter the "City"); WITNESSETH: WHEREAS, the City owns and operates a public water distribution system consisting of approximately 44miles of distribution water mains, together with fire hydrants, valves, service lines, customer meters, land, easements, rights -of -way, and related facilities (all hereinafter collectively referred to as the "City Water System"); WHEREAS, the City owns and operates a public sanitary sewer collection system consisting of approximately 49 miles of gravity and pressure sewers, a collection system together with manholes, lift stations, force mains, valves, air release valves, service taps, service laterals, clean -outs, land, easements, rights -of -way, and related facilities (all hereinafter collectively referred to as the "City Sewer System"); WHEREAS, the City has approximately 2800 water customers and approximately 2900 sewer customers; WHEREAS, the City has approximately $8.2 million in capital improvement funds, debt service reserve funds, operating reserves, and customer deposits; WHEREAS, the City holds a Permit to Operate a Community Public Water System, PWS ID NC 4-10-010; WHEREAS, the City holds a Permit to Operate Collection System, WQCS00137; WHEREAS, with regard to its utility's services, the City currently employs 8 in the Public Services Department and 3 in the Finance Department; WHEREAS, the City currently purchases its finished water from Brunswick County ("County"), the source of which is the Cape Fear River ("River"); WHEREAS, the City desires to keep the water and sewer rates as low as possible for its residents and property owners, but due to the water and sewer system size, the maintenance and expansion needs, and the number of customers it serves, a larger utility may have the ability to keep the rates more affordable in the long term; and Page 832 of 861 WHEREAS, the County currently operates and maintains water distribution systems and wastewater collection systems throughout the Brunswick County area; and WHEREAS, the County has the staff, equipment, expertise, and financial ability to assume operation and maintenance of the City's water and sewer systems; and WHEREAS, N.C.G.S. § 160A-274 expressly authorizes the City to convey its interests in real and personal property to the County "upon such terms and conditions as it deems wise [and] with or without consideration...;" and WHEREAS, the City and County have agreed that the City will subdivide the present Bay Street pump station parcel to facilitate the City transfer of that portion of the present parcel which contains the pump station ( the "Pump Station site"), while the City retains the portion containing the pier and the rock revetment, both new parcels having direct access to Bay Street; and WHEREAS, North Carolina General Statutes 160A, Article 20, Interlocal Cooperation, authorizes and empowers any units of local government to enter into interlocal agreements for the ownership, construction, operation, maintenance, management, and financing of all or portions of water and sewer utility systems within or outside the corporate limits of those units of local government. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: 1. WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEM DESCRIPTION In addition to any components previously described, the City's water distribution system shall include all water mains, water service, meter assemblies, valves, fire hydrants, and other appurtenances required to provide water service to existing and future water customers in the City. In addition to any components previously described, the City's wastewater collection system shall include all sewer pump stations, manholes, gravity sewer mains, low pressure sewer mains, force mains, and other appurtenances required to provide sewer service to existing and future sewer customers of the City. The City also agrees to transfer to the County all retained earnings associated with the Water and Sewer Enterprise Fund. A comprehensive list of the real estate, equipment, other assets and liabilities which comprise the systems being conveyed are attached hereto in Exhibit A. If such list is incomplete at the time of execution of this Agreement, the City agrees to continue updating Exhibit A until all known assets are listed. Specifically excluded from this list is the parcel of land known as the Sunny Point property (approximately 414 Page 833 of 861 acres) currently under option with the Wildlife Resources Commission of the State of North Carolina. 2. TRANSFER OF THE WATER AND SEWER SYSTEMS; RESERVATIONS The City agrees to transfer to the County the City's water and sewer systems as described above. Transfer shall be by execution of deed and dedication documents prepared by the County's Attorney and executed by the appropriate City representatives, in addition to any other documentation, agreements or bills of sale necessary to complete the transfer. Upon execution of the deed and dedication documents, the County shall own, operate, and maintain the water and sewer systems within the City. The current City water and sewer customers and future water and sewer customers will become customers of the County. At Closing, at a time and place mutually acceptable to the parties, the City shall convey to the County, free and clear of liens and encumbrances, the Water and Sewer Systems by delivering Warranty Deeds for the City's real property and an Assignment and Bill of Sale for the City's personal property including, inter alia, the Systems' infrastructure, facilities, structures, vehicles, equipment, supplies, funds, permits, contracts, easements, other property rights, liabilities, debt obligations, and all other materials and things associated with or required for the ownership, operation, and maintenance of the Water and Sewer Systems. Notwithstanding the above agreement to transfer, the County grants to the City a perpetual right to place, maintain, access, replace or service the Weather Alert Station presently mounted on top of the Bay Street Lift Station, so long as the Lift Station shall exist and so long as the Weather Alert Station does not interfere with the operation of the Lift Station. Further, the City shall share the data from the Weather Alert Station in a time and manner mutually satisfactory to both parties. Further, the City grants to the County a perpetual right to place, maintain, access, replace or service the SCADA/AMI infrastructure presently mounted on the tower in the City Public Service Yard, so long as the tower shall exist and so long as the SCADA/AMI infrastructure does not interfere with the operation of the equipment on the tower. The County agrees to notify the City Public Services Director of the need to enter the yard prior to making entry, emergency entry excepted. The City agrees to execute any NC DEQ forms or applications required to transfer or assign any necessary permits for the operation and maintenance of the water and sewer systems to the County. In addition, the City hereby authorizes the transfer to the County of the infrastructure improvement loan awarded to Southport by the Division of Water Infrastructure (DWI) of NC DEQ, and City and County officials are authorized to execute any necessary documents to accomplish this purpose. The Parties understand that upon receiving this authorization DWI will reissue the award to the County and the County will accept the award by resolution. Further, the Parties agree that the scope of the project which is the subject of award will Page 834 of 861 remain the same as the original project which received the award, to wit, to benefit Southport. 3. EASEMENTS AND RIGHTS -OF -WAY The City agrees to transfer all easements and fee simple property related to the water and sewer systems to the County. The City also gives the County the right to operate, maintain, and construct new water and sewer mains within the rights -of - way owned by the City or deeded to the City by developers. Any new easement required to expand the water and sewer systems would be the responsibility of the County. 4. SYSTEM IMPROVEMENTS The County agrees to make such improvements as required to integrate the City of Southport water and sewer systems into the overall County water and sewer systems. The County will be responsible for the cost of the improvements. County agrees to operate, maintain and expand said water and sewer systems to accommodate planned growth and development within City's planning and zoning jurisdiction in accordance with County utility system policies, standards, and procedures, and to serve present and future demands in a manner so as not to impede the orderly growth and development of City. Further, the County agrees to use ten million five hundred thousand dollars (S 10,500,000.00) granted by the State of North Carolina for the purpose of delivering the Sewer Replacement Project, and will deliver the project in a timely manner in consultation with the City. 5. EMPLOYEE TRANSFER City employees that are eligible and elect to transfer to County will be offered employment with County's water and sewer utility system and will be offered a position as equivalent as possible to their present positions with City. These employees will transfer subject to the same drug screening and pre -employment review as other new hires and will be bound by the terms of the County Personnel Policy upon employment. The County agrees to accept and give each transferred employee credit for existing sick leave. Further, the County agrees to credit the transferred employees with the same number of years of service as they have with the City at the time of transfer, for the purpose of holding the transferred employees harmless for benefits such as vacation and sick leave accrual. The City shall pay out any accumulated vacation of City employees prior to their transfer to the County. 4 Page 835 of 861 6. RECORDS TRANSFER City shall transfer to County all available reproducible and electronic copies of any and all records, data, information, and models arising from the construction, operation and maintenance of City's water and sewer utility system and any other related activity, including projects in progress, and including, but not limited to, the following: 1) Construction contracts, drawings, maps, and all other related documents evidencing the condition or location of any portion of the subject water and sewer systems including such documents as may be in the possession of any engineer or other consultant of City; 2) Billing, collection and payment records on all present customers of the subject water and sewer systems; 3) An accurate tabulation or listing of all actual service locations in the City system to be transferred to County from City, to include: a) Address - Number and Street; b) Account Name (if active); c) Billing Address for Each Account Number; d) Account Numbers and all meter reading books and the history of all accounts for the past twelve (12) months; e) One Year's Account History; f) Meter Location Description; 4) Contracts or agreements for the supply of equipment, materials, supplies, and products; 5) Pending applications for water and sewer service; 6) Contracts or agreements to provide water and or sewer service currently in effect; 7) Receipts, accounts and other records of deposits made by all present and past customers of the subject water and sewer systems; 8) Any and all warranty information on any facilities, property, land, and equipment transferred to County pursuant to this Agreement; 9) Repair, maintenance, trouble, and emergency response records for all portions of City's water and sewer systems; 10) Any and all notices of violation, legal actions, and lawsuits pertaining to City's water and sewer system; 11) Plans, permits, reports, specifications, surveys, etc., for water and sewer facilities and operations; 12) Number and locations of all unmetered services; 13) Copies of all water and sewer system maps; 14) Copies of all easements; 15) Copies of all encroachment agreements; 16) Identification of all inside City customers; 17) Identification of all outside City customers; 18) Record of all assessments for system extensions; 19) Identification of all taps for which payment has been made; 20) Identification of all backflow prevention installations; Page 936 of 861 21) Identification of all Pretreatment Program installations; 22) Copies of such records as are necessary to inform County of the location of all facilities of City for other utility operations; 23) Accounts payable records; 24) Accounts receivable records; and, 25) Any other information, data, and records pertaining to City's water and sewer utility. City agrees that within a reasonable time after the Transfer Date, City shall submit to County such accounting, commercial, engineering, planning, personnel, and facility records pertaining to City's water and sewer utility system. City may make copies of said materials for City's records and archives. Prior to the Transfer Date, the County Manager and City Manager, or their designees, shall determine mutually satisfactory administrative details for the transfer of the above -referenced records. 7. CUSTOMER TRANSFER AND RECYCLING & YARD WASTE COLLECTION BILLING As of the Transfer Date, all customers and users of City's water and sewer system shall become subject to all rules, regulations and ordinances of County as the same apply to all users and customers of the water and sewer system of County, and as same are now or may hereafter be amended. Such rules, regulations and ordinances and schedule of rates, fees, charges and penalties shall constitute a part of the Agreement between County and any customer or user of the subject water and sewer system and any extensions thereof for the provision of water and sewer service. A team comprised of County and City staff shall develop a seamless transfer of customer accounts at Transfer Date in order to provide continuity of account activity after the merger. All accounting after the Transfer Date shall be made within the County utility enterprise fund. Effective immediately following the Transfer Date, City shall transfer customer deposits to County. From and after the Transfer Date the County agrees to perform billing services for the City for the City Recycling & Yard Waste Fee (the Fee). The Fee will be included on the monthly County Utility Bill for customers inside the City limits, and the revenue produced from the Fee remitted to the City on a schedule as agreed to between the Finance Directors of the City and the County. The Parties agree that in lieu of a charge for these billing services, the City shall continue to maintain the right of ways and other areas occupied by or adjacent to the Bay Street liftstation. Page 837 of 861 8. WATER AND SEWER RATES The water and sewer customers in the City will pay the same water rates and fees as currently in effect for similarly situated customers of the County. The City agrees to transfer all meter deposits held on behalf of their customers to the County 9. ORDINANCES AND PERMITS The City agrees to maintain in effect ordinances regulating water and sewer connections and the use of the water and sewer systems to include mandatory connection to the water and sewer systems for all structures developed within the corporate limits of the City. The City's sewer use ordinance must conform to the County's current ordinance and the NC DENR minimum requirements. The County agrees that land use permitting decisions in the City ETJ will continue to be processed by the City. The County shall take into consideration the requests from the City for utility service provisioin within the ETJ, however, the County shall be the ultimate decision maker as to the provision of said service. 10. FUTURE EXPANSION OF WATER DISTRIBUTION AND SEWER COLLECTION SYSTEMS It is understood and agreed that all future expansions to the water distribution and sewer collection systems within the corporate limits of the City subsequent to the execution of this Agreement whether constructed by the City or private developers shall be constructed in accordance with County specifications and shall be dedicated to the County upon completion of construction. The County agrees to solicit input from the City on current and future water and sewer needs of the City on at least an annual basis. 11. GRANT OF EXCLUSIVE RIGHT TO THE COUNTY The City, subject to the terms and provisions of this Agreement hereby grants and gives the County the exclusive right to own, maintain, and operate the sewer collection and water distribution systems within the City. 12. NO ORAL MODIFICATIONS Any change or modification of this Agreement must be in writing signed by both parties. 13. TERM AND TERMINATION OF AGREEMENT This Agreement shall be perpetual. City and County hereby agree that such perpetual duration is reasonable and necessary in light of the purposes of this Agreement. If for any reason a court of competent jurisdiction rules in a final decision that may not be appealed that a perpetual term to this agreement is 7 Page 838 of 861 unlawful, then this agreement shall have a term of sixty (60) years. If the term of this agreement is so limited to sixty (60) years, the expiration of the term shall only affect the agreements hereunder with respect to events and performances that occur after the expiration date of such term, and shall not affect the existence or validity of any transfer, conveyance, undertaking, liability, or other action or right that occurred or arose prior to the expiration date. 14. CITY REPRESENTATIONS AND WARRANTIES The City hereby represents and warrants as follows: A. Except as otherwise disclosed herein, the City has good and marketable title, free and clear of liens and encumbrances, to the real and personal property being conveyed to the County, including all permits, associated with every aspect of the Water and Sewer Systems. B. The Water and Sewer Systems are in good condition and repair, normal wear and tear excepted, and are in compliance with all laws, rules, and regulations of applicable governmental units. C. The City shall provide the County with true, accurate, and complete copies of the following: the City's rates and fees for water and sewer service; all ordinances, resolutions, and/or rules and regulations relating to the Water and Sewer Systems, all which remain in full force and effect, and all other plans, specifications, and operation/maintenance manuals for the Water and SewerSystems. D. The City shall provide the County with true, accurate, and complete copies of each permit and contract associated with the Water and Sewer Systems under which the City is obligated to perform together with written evidence showing that the permits have been transferred to the County and that the other parties to the contracts, whenever required, have consented to assigning the contracts to the County. E. The City has the power and authority to assign the permits, contracts, liabilities, and debt obligations associated with the Water and Sewer Systems to the County, no events of default have occurred or are occurring thereunder, the permits, contracts, liabilities, and debt obligations remain in full force and effect, and are enforceable in accordance with their respective terms and conditions. F. This Agreement, and all other documents and instruments related hereto and/or required hereby, has/have been or will be, duly authorized, executed, and delivered by the City and constitute valid and binding obligations by the City enforceable in accordance with its terms and conditions subject to bankruptcy, insolvency, or other laws affecting the enforcement of creditor's rights. Page 839 of 961 G. The City's execution and delivery of this Agreement and compliance with its terms and conditions will not conflict with or constitute a breach or violation of, or a default under any agreements to which the City is a party, any applicable law, rule, or regulation of any governmental unit or agency thereof, any applicable judgment or decree of any court or other governmental agency or body, or the provisions of any permits held by the City for the ownership, operation, and maintenance of the Water and Sewer Systems. H. The execution and delivery of this Agreement and the conveyance of the City's Water and Sewer Systems to the County do not require the approval of any regulatory body, governmental unit or agency, or any other persons/entities whatsoever, except as may have been obtained. I. All permits held by the City regarding the ownership, operation, and maintenance of its Water and Sewer Systems are in full force and effect, have been duly complied with in all material respects, and are assignable and transferable to the County. J. All easements held by the City with regard to its Water and Sewer Systems are assignable by the City without the consent of third parties. In case any easement is contested the City will cooperate with the County in defending the contested easement or by granting a specific assignment to, or joint use agreement with, the County K. If deemed necessary by the County, the City will adopt ordinances such as, but not limited to, a sanitary use ordinance, backflow prevention ordinance, grease trap ordinance, right of entry ordinance, and other ordinances that are reasonably necessary to regulate the proper use of, and provide for the proper billing and collection of bills for, the subject water and sewer system and any extensions thereof by the customers and users within the jurisdiction of City. 15. COUNTY REPRESENTATIONS AND WARRANTIES The County hereby represents and warrants as follows: A. This Agreement, and all other documents and instruments related or required hereby, have been duly authorized, executed, and delivered by the County and constitute valid, binding, and enforceable obligations by the County. B. The County's execution and delivery of this Agreement and compliance with its provisions will not conflict with or constitute a breach or violation of, or a default under any agreements to which the County is a party, any applicable law, rule, or regulation of any governmental unit or agency thereof, or any applicable judgment or decree of any court or other governmental agency orbody. Page 940 of 961 C. The County will perform the services customarily performed by water and sewer utility systems with respect to the acquired systems and customers, such as: 1. Read all meters of, send all bills to, and collect all payments from the Water and Sewer Systems' customers. 2. Administer the provision of water and sewer services to new customers and coordinate the construction of related infrastructure by developers intending to connect to the Water and/or Sewer Systems. 3. Maintain, repair, and improve the systems in a timely manner and operate and manage the systems in a manner consistent with good business and operating practices for comparable facilities and in full compliance with all issued permits, operational requirements, industry standards, and the applicable laws, rules, and regulations of regulatory bodies, governmental units, or agencies thereof. 4. Operate, maintain, and manage the water and sewer system with employees who have the operational expertise and professional credentials necessary to perform their respective duties, and perform the administrative and managerial duties required for the operation of public enterprise water and sewer systems. 16. COOPERATION OF THE PARTIES The City and the County agree to cooperate, fully, effectively, and efficiently with each other to accomplish the intent and purposes of this Agreement, execute all supplementary documents necessary to enforce its terms, and to take all additional actions deemed necessary and appropriate so as to give full force and effect to the terms, conditions, and intent of this Agreement. Neither party shall unreasonably withhold or delay providing such cooperation. The parties further agree to provide to each other, if requested, all plans, as built drawings, financial information, and all other information, documents, materials, and other things in their possession or control associated with the Water and Sewer Systems, and the performance of the terms and conditions set forth herein. 17. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties and supersedes all prior and independent agreements between the parties covering the subject matter hereof. 18. SPECIFIC PERFORMANCE IN EVENT OF DEFAULT The parties acknowledge that monetary damages would not fully compensate either party in the event of any breach or default of this Agreement. The parties 10 Page 841 of 861 therefore agree that in the event of a breach or default by either party, the other party shall, in addition to seeking damages, be entitled to seek and obtain the specific performance of the defaulting parry's obligations hereunder. 19. AUTHORIZATION Each party certifies that all appropriate steps to legally enter into this Agreement have been taken, that the matter has been approved by the appropriate legislative body, and that the terms of this Agreement are understood. Moreover, each party certifies that all laws, rules, and regulations as well as any local governmental rules were followed with regard to acceptance of this Agreement and that this Agreement meets all standards for governmental agreements. 20. SECTION HEADINGS The section headings in this Agreement are for convenience and ease of reference only. Such headings are not part of this Agreement and are not to be used in interpreting its provisions. 21. CHOICE OF LAW This Agreement shall be governed by and interpreted in accordance with the law of the State of North Carolina. 22. SEVERABILITY It is hereby the declared intention of City and County that the paragraphs, sections, sentences, clauses, and phrases of this agreement are severable. If one or more paragraphs, sections sentences, clauses, or phrases shall be declared void, invalid or otherwise unenforceable for any reason by the valid, final judgment or decree of any court of competent jurisdiction, such judgment or decree shall not affect the remaining provisions of this agreement. 23. WARRANTIES The County and City represent and warrant that each has full power and authority to enter into and perform any and all provisions of this Agreement between the County and the City. 24. SIGNATURES This Agreement, together with any amendments or modifications, may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be considered one and the same agreement. This Agreement may also be executed electronically. By signing electronically, the parties indicate their intent to comply with the Electronic Commerce in Government Act (N.C.G.S § 66- 11 Page 842 of 861 58.1 et seq.) and the Uniform Electronic Transactions Act (N.C.G.S § 66-311 et seq.). Delivery of an executed counterpart of this Agreement by either electronic means or by facsimile shall be as effective as a manually executed counterpart. IN WITNESS WHEREOF, the parties hereto, acting by and through their duly authorized representatives pursuant to the resolutions of their respective governing bodies, have caused this Agreement to be executed as of the day and year first above written. ATTEST: THE COUNTY OF BRUNSWICK BY: Clerk Randy Thompson, Chairman (SEAL) ATTEST: CITY OF SOUTHPORT City Clerk (SEAL) Bv: Rich Alt, Mayor "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." Aaron Smith, Director of Fiscal Operations Brunswick County "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." Lance Flint, Finance Director City of Southport 12 Page 843 of 861 EXHIBIT A Real Estate, Equipment, Assets and Liabilities Water/ Sewer/ Property Description Both Tuae Aauie , 1 SYSTEM Water SYSTEM 7/1/1975 1 NEW LIFT STATION Sewer LAND 7/1/1986 1 1986-87 ADDITIONS Water SYSTEM 8/1/1986 1 EASEMENT - NEW LIF Sewer LAND 9/23/1986 1 EASEMENT - STATIC) Sewer LAND 3/25/1987 1 1987-88 ADDITIONS Water SYSTEM 7/1/1987 1 FOREST OAKS Water SYSTEM 7/1/1987 1 INDIGO PLANTATION Water SYSTEM 7/1/1988 1 ADDUTUIBS Water SYSTEM 7/1/1988 13 BLOCK BUILDINGS Water SYSTEM 7/1/1989 I ADDITIONS Water SYSTEM 7/1/1989 17.9 HP PUMP Water SYSTEM 7/1/1989 1 ENGINEERING FEES- C Water SYSTEM 7/1/1989 1 11ST PROJECT Water SYSTEM 9/1/1990 1 1990-91 ADDITIONS Water SYSTEM 9/1/1990 1 1991-92 ADDITIONS Water SYSTEM 7/1/1991 1 1992-93 ADDITIONS Water SYSTEM 7/1/1992 1 SYSTEM ADDITIONS F Water SYSTEM 1/1/1994 1 SYSTEM ADDITIONS Water SYSTEM 1/1/1995 195/96 System Additions Water SYSTEM 1/1/1996 196/97 ADDITIONS Water SYSTEM 1/1/1997 197/98 SYSTEM ADDITI Water SYSTEM 1/1/1998 1 SBSD LINE ON HWY I Water SYSTEM 4/1/1998 1 98/99 System Additions Water SYSTEM 1/1/1999 I Well & WIT tank paintin Water SYSTEM 5/12/1999 199-00 system additions Water SYSTEM 1/1/2000 1 SEWER SYSTEM IMPR Sewer SYSTEM 6/1/2000 I SEWER SYSTEM -THE Sewer SYSTEM 7/13/2000 I WATER & SEWER -HA Both SYSTEM 7/13/2000 1 WATERLINES -THE LA Water SYSTEM 7/13/2000 1 SEWER COLLECTION Sewer SYSTEM 8/22/2000 1 2000-2001 SYSTEM AD Water SYSTEM 1/1/2001 I System additions 01-02 Water SYSTEM 1/1/2002 1 System interconnect SE Water SYSTEM 1/1/2002 I Yacht basin waterline pr Water SYSTEM 1/1/2002 1 NC 211 LINE RELOCA Water SYSTEM 8/15/2002 I Yacht basin waterline pr Water SYSTEM 11/21/2002 13 Page 844 of 861 I System addition 02/03 Water SYSTEM 1/1/2003 1 County waterline interco Water SYSTEM 6/30/2003 1 System Water SYSTEM 7/1/2003 1 Yacht Basin Waterline Water SYSTEM 9/26/2003 1 System additions 03/04 Water SYSTEM 1/1/2004 1 Kemp Contractors Water SYSTEM 6/30/2004 1 SCADA system Sewer EQUIPMENT 12/6/2004 1 Donated system Water SYSTEM 12/9/2004 104-05 System additions Water SYSTEM 1/1/2005 1 Waterline interconnectio Water SYSTEM 1/1/2005 1 Yacht Basin Project Water SYSTEM 1/1/2005 1 Appraisal-Spayfield Land Sewer LAND 6/13/2005 1 Cottage Point- Donated Water SYSTEM 10/13/2005 1 Land for Wastewtr Enha Sewer LAND 11/22/2005 1 System additions OS-06 Water SYSTEM 1/1/2006 1 YactBasin Interconnect Water SYSTEM 1/1/2006 1 System- Professional fee Water SYSTEM 1/1/2006 1 Lift Station- Leonard St Sewer SYSTEM 2/9/2006 Waterline Interconnect 0 Water SYSTEM 4/30/2006 106-07 System Water SYSTEM 1/1/2007 1 SCADA Water Controls Water EQUIPMENT 6/6/2007 1 WWTR Enhance Phase Sewer SYSTEM 3/15/2008 1 Turtlewood Sewer & Wat Both SYSTEM 4/10/2008 1 BAY STREET PUMP Sewer SYSTEM 6/27/2008 1 Sprayfield Improvement Sewer LAND 6/30/2008 County Water Tank % 07/01/08 Water SYSTEM 7/1/2008 1 Sprayfield Improvement Sewer LAND 9/30/2008 1 Dutchman Village Sewer Sewer SYSTEM 11/8/2008 1 R1VERMIST SEWER Sewer SYSTEM 10/14/2010 1 WWTS ENHANCEMEN Sewer SYSTEM 1/25/2011 1 REHAB PUMP STATIO Sewer SYSTEM 6/7/2011 Manhole Water SYSTEM 6/30/2012 Rivermist - Block 6, 425 If 8" sewer Sewer SYSTEM 5/8/2013 Spectra Shield concrete water main liner Water SYSTEM 5/14/2013 Replace sewer main - E. 11th from Howe sts Sewer SYSTEM 6/27/2013 River Drive lift/pump station improvements Sewer SYSTEM 6/27/2013 Replace existing M/H - E. Bay and I Am sts Water SYSTEM 6/27/2013 Pump station - River Drive Sewer SYSTEM 6/27/2013 Sewer Plant Revetment Sewer LAND IMPROVEMENT6/30/2014 Sewer Rehab Sewer SYSTEM 6/30/2014 .40 ac property Forest Oaks lift station Sewer LAND 6/30/2015 Generator - Bay Street Sewer EQUIPMENT 6/30/2015 14 Page 845 of 861 Generator - Landing Sewer EQUIPMENT 6/30/2015 Utility Main ASCO 300 Series Water EQUIPMENT 6/30/2015 162 vertical ft manhole liner Sewer EQUIPMENT 6/30/2015 1(8") & 1 (10") altitude valve Water EQUIPMENT 6/30/2015 Manhole Sewer SYSTEM 6/30/2015 6"Gate valve Water SYSTEM 6/30/2015 Forest Oaks Lift Station Sewer SYSTEM 6/30/2015 water main Lord St ,Owens, to West West Water SYSTEM 6/30/2015 Cades Cove -Water and Sewer lines donated Both SYSTEM 6/30/2015 Prices Creek -Water and sewer lines donated Both SYSTEM 6/30/2015 Jonas Creek -Water and sewer lines donated Both SYSTEM 6/30/2015 The Ridge at Forest oaks -donated lines Both SYSTEM 6/30/2015 Old Southport W & s lines donated Both SYSTEM 6/30/2015 AMI PROJECT METERS INSTALLATION Water SYSTEM 6/30/2015 9 fire hydrants installations Water SYSTEM 5/12/2016 Altitude valves Water EQUIPMENT 6/30/2016 Accela software Water EQUIPMENT 6/30/2016 Accela Software Water EQUIPMENT 6/30/2017 AMI PROJECT METERS INSTALLATION Water SYSTEM 6/30/2017 Pump central lift station Sewer SYSTEM 6/30/2017 Sewer asset management plan Sewer EQUIPMENT 2/9/2018 Water main at Harbor Oaks Water EQUIPMENT 6/30/2018 GENERATOR Sewer EQUIPMENT 6/30/2019 Water Asset Management Plan Water EQUIPMENT 6/30/2021 Howe St Sewer Project Sewer SYSTEM 9/17/2021 Repl. submersible pump for Deep Point Marina Lift Station. Sewer SYSTEM 2/11/2022 Backup pump for Forest Oaks Lift Station: Hydromatic, 10hp, 3ph Sewer SYSTEM 6/8/2022 Replacement Generator for Forest Oaks Sewer SYSTEM 10/3/2022 Replacement Generator for Indigo Sewer SYSTEM 10/3/2022 Replacement Generator for Turtlewood Sewer SYSTEM 10/3/2022 New backup/replacement pump for Central Lift Station Sewer SYSTEM 12/1/2022 Meter Boxes for Water Meter Services Water SYSTEM 8/31/2023 WIP Generator for River Dr Lift station Sewer SYSTEM 9/14/2023 400 RDM Water Meters Water SYSTEM 11/19/2023 WIP Generator for Cottage Pt Lift Station Sewer SYSTEM 2/1/2024 Proietts — Construction in Progress Water/ Sewer/ Both Tvoe Acquired Pump Station Rehab Sewer SYSTEM CIP Sewer Replacement Sewer SYSTEM CIP 15 Page 846 of 861 Wastewater Treatment Facility Expansion Sewer SYSTEM CIP Construction Find and Fix (FIFI) Project Sewer SYSTEM CIP 71 ICd Page 847 of 861 BRUNSWICK COUNTY Capital Project Ordinance Southport Merger -Pump Station Rehab (448283) Be it ordained by the Board of County Commissioners of Brunswick County that pursuant to 13.2 of the General Statutes of North Carolina, the following ordinance is hereby adopted: Section 1. The following amounts are hereby appropriated in the Brunswick County Wastewater Capital Projects Fund: Wastewater Capital Projects Fund: Revenues: Federal Revenues $222,611 Total Southport Merger -Pump Station Rehab Revenues $222,611 Expenditures: Engineering $222,611 Total Southport Merger -Pump Station Rehab Project Expenditures $222,611 Section 2. This Capital Project Ordinance Shall be entered into the minutes of the June 17, 2024, meeting of the Brunswick County Board of Commissioners. Page 848 of 861 Page 849 of 861 BRUNSWICK COUNTY Capital Project Ordinance Southport Merger -Find and Fix (448285) Be it ordained by the Board of County Commissioners of Brunswick County that pursuant to 13.2 of the General Statutes of North Carolina, the following ordinance is hereby adopted: Section 1. The following amounts are hereby appropriated in the Brunswick County Wastewater Capital Projects Fund: Wastewater Capital Projects Fund: Revenues: Federal Revenues 5283,974 Total Southport Merger -Find and Fix Revenues $283,974 Expenditures: Engineering $283,974 Total Southport Merger -Find and Fix Project Expenditures $283,974 Section 2. This Capital Project Ordinance Shall be entered into the minutes of the June 17, 2024, meeting of the Brunswick County Board of Commissioners. Page 850 of 861 Page 851 of 861 BRUNSWICK COUNTY Capital Project Ordinance Southport Merger -Sewer Replacement (448284) Be it ordained by the Board of County Commissioners of Brunswick County that pursuant to 13.2 of the General Statutes of North Carolina, the following ordinance is hereby adopted: Section 1. The following amounts are hereby appropriated in the Brunswick County Wastewater Capital Projects Fund: Wastewater Capital Projects Fund: Revenues: Miscellaneous Revenue -City of Southport $49,031 Total Southport Merger -Sewer Replacement Project Revenues $49,031 Expenditures: Engineering $49,031 Total Southport Merger -Sewer Replacement Project Expenditures $49,031 Section 2. This Capital Project Ordinance Shall be entered into the minutes of the June 17, 2024, meeting of the Brunswick County Board of Commissioners. Page 8S2 of 861 Request Info Type Budget Amendment Description Southport Merger -Sewer Replacement Board Meeting 06/17/2024-Appropriate $49,031 of Miscellaneous Revenues -City of Justification Southport for use in the Southport Merger -Sewer Replacement project for engineering x enditures. ri„inator Tiffany Casteen Items cparfmcm Object Dept Desc Object Desc Amount ncr/DeerDr/Cr 48284 383954 thprtMrg. - Swr Replacement Misc Rev -City of Southport 49031 Increase Credit 8284 64001 IStbprt Mrg. - Swr replacement ch/Eng/Legal 49031 ncrease Debit Page 853 of 861 BRUNSWICK COUNTY Capital Project Ordinance Mulberry Branch WRF .75 MGD Southport (448268) Be it ordained by the Board of County Commissioners of Brunswick County that pursuant to 13.2 of the General Statutes of North Carolina, the following ordinance is hereby adopted: Section 1. The following amounts are hereby appropriated in the Brunswick County Wastewater Capital Projects Fund: Wastewater Capital Projects Fund: Revenues: Proceeds -State Revolving Loan $29,187,354 Revenue Bond Premium 682,529 Proceeds from Revenue Bond 21,835,000 Total Mulberry Branch WRF .75 MGD Southport Project Revenues $51,704,883 Expenditures: Salary and Wages -Reimbursements 20,000 Fringe Benefits Reimbursements 10,000 Administration 490,620 Arch/Eng/Legal 3,187,198 Construction 46,413,000 Land 14,690 Contingency 1,569,375 Total Mulberry Branch WRF .75 MGD Southport Project Expenditures $51,704,883 Section 2. This Capital Project Ordinance Shall be entered into the minutes of the June 17, 2024, meeting of the Brunswick County Board of Commissioners. Page 854 of 861 Page 855 of 861 End Of Original DocuSign Envelope ID: 72A4A856-74C7-4921-9B4E-ADCDB79429A0 AGREEMENT OF CITY OF SOUTHPORT TO CONVEY WATER AND SEWER SYSTEMS TO BRUNSWICK COUNTY THIS AGREEMENT TO CONVEY WATER AND SEWER SYSTEMS, dated this the 171h day of June 2024, by and between the COUNTY OF BRUNSWICK, a political subdivision and body politic of the State of North Carolina (hereafter the "County"), and the CITY OF SOUTHPORT, a municipal corporation of the State of North Carolina (hereafter the "City"); WITNESSETH: WHEREAS, the City owns and operates a public water distribution system consisting of approximately 44miles of distribution water mains, together with fire hydrants, valves, service lines, customer meters, land, easements, rights -of -way, and related facilities (all hereinafter collectively referred to as the "City Water System"); WHEREAS, the City owns and operates a public sanitary sewer collection system consisting of approximately 49 miles of gravity and pressure sewers, a collection system together with manholes, lift stations, force mains, valves, air release valves, service taps, service laterals, clean -outs, land, easements, rights -of -way, and related facilities (all hereinafter collectively referred to as the "City Sewer System"); WHEREAS, the City has approximately 2800 water customers and approximately 2900 sewer customers; WHEREAS, the City has approximately $8.2 million in capital improvement funds, debt service reserve funds, operating reserves, and customer deposits; WHEREAS, the City holds a Permit to Operate a Community Public Water System, PWS ID NC 4-10-010; WHEREAS, the City holds a Permit to Operate Collection System, WQCS00137; WHEREAS, with regard to its utility's services, the City currently employs 8 in the Public Services Department and 3 in the Finance Department; WHEREAS, the City currently purchases its finished water from Brunswick County ("County"), the source of which is the Cape Fear River ("River"); WHEREAS, the City desires to keep the water and sewer rates as low as possible for its residents and property owners, but due to the water and sewer system size, the maintenance and expansion needs, and the number of customers it serves, a larger utility may have the ability to keep the rates more affordable in the long term; and DocuSign Envelope ID: 72A4A856-74C7-4921-9B4E-ADCD879429A0 WHEREAS, the County currently operates and maintains water distribution systems and wastewater collection systems throughout the Brunswick County area; and WHEREAS, the County has the staff, equipment, expertise, and financial ability to assume operation and maintenance of the City's water and sewer systems; and WHEREAS, N.C.G.S. § 160A-274 expressly authorizes the City to convey its interests in real and personal property to the County "upon such terms and conditions as it deems wise [and] with or without consideration...;" and WHEREAS, the City and County have agreed that the City will subdivide the present Bay Street pump station parcel to facilitate the City transfer of that portion of the present parcel which contains the pump station ( the "Pump Station site"), while the City retains the portion containing the pier and the rock revetment, both new parcels having direct access to Bay Street; and WHEREAS, North Carolina General Statutes 160A, Article 20, Interlocal Cooperation, authorizes and empowers any units of local government to enter into interlocal agreements for the ownership, construction, operation, maintenance, management, and financing of all or portions of water and sewer utility systems within or outside the corporate limits of those units of local government. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: 1. WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEM DESCRIPTION In addition to any components previously described, the City's water distribution system shall include all water mains, water service, meter assemblies, valves, fire hydrants, and other appurtenances required to provide water service to existing and future water customers in the City. In addition to any components previously described, the City's wastewater collection system shall include all sewer pump stations, manholes, gravity sewer mains, low pressure sewer mains, force mains, and other appurtenances required to provide sewer service to existing and future sewer customers of the City. The City also agrees to transfer to the County all retained earnings associated with the Water and Sewer Enterprise Fund. A comprehensive list of the real estate, equipment, other assets and liabilities which comprise the systems being conveyed are attached hereto in Exhibit A. If such list is incomplete at the time of execution of this Agreement, the City agrees to continue updating Exhibit A until all known assets are listed. Specifically excluded from this list is the parcel of land known as the Sunny Point property (approximately 414 DocuSign Envelope ID: 72A4A856-74C7-4921-9B4E-ADCDB79429A0 acres) currently under option with the Wildlife Resources Commission of the State of North Carolina. 2. TRANSFER OF THE WATER AND SEWER SYSTEMS; RESERVATIONS The City agrees to transfer to the County the City's water and sewer systems as described above. Transfer shall be by execution of deed and dedication documents prepared by the County's Attorney and executed by the appropriate City representatives, in addition to any other documentation, agreements or bills of sale necessary to complete the transfer. Upon execution of the deed and dedication documents, the County shall own, operate, and maintain the water and sewer systems within the City. The current City water and sewer customers and future water and sewer customers will become customers of the County. At Closing, at a time and place mutually acceptable to the parties, the City shall convey to the County, free and clear of liens and encumbrances, the Water and Sewer Systems by delivering Warranty Deeds for the City's real property and an Assignment and Bill of Sale for the City's personal property including, inter alia, the Systems' infrastructure, facilities, structures, vehicles, equipment, supplies, funds, permits, contracts, easements, other property rights, liabilities, debt obligations, and all other materials and things associated with or required for the ownership, operation, and maintenance of the Water and Sewer Systems. Notwithstanding the above agreement to transfer, the County grants to the City a perpetual right to place, maintain, access, replace or service the Weather Alert Station presently mounted on top of the Bay Street Lift Station, so long as the Lift Station shall exist and so long as the Weather Alert Station does not interfere with the operation of the Lift Station. Further, the City shall share the data from the Weather Alert Station in a time and manner mutually satisfactory to both parties. Further, the City grants to the County a perpetual right to place, maintain, access, replace or service the SCADA/AMI infrastructure presently mounted on the tower in the City Public Service Yard, so long as the tower shall exist and so long as the SCADA/AMI infrastructure does not interfere with the operation of the equipment on the tower. The County agrees to notify the City Public Services Director of the need to enter the yard prior to making entry, emergency entry excepted. The City agrees to execute any NC DEQ forms or applications required to transfer or assign any necessary permits for the operation and maintenance of the water and sewer systems to the County. In addition, the City hereby authorizes the transfer to the County of the infrastructure improvement loan awarded to Southport by the Division of Water Infrastructure (DWI) of NC DEQ, and City and County officials are authorized to execute any necessary documents to accomplish this purpose. The Parties understand that upon receiving this authorization DWI will reissue the award to the County and the County will accept the award by resolution. Further, the Parties agree that the scope of the project which is the subject of award will DocuSign Envelope ID: 72A4A856-74C7-4921-9B4E-ADCDB79429A0 remain the same as the original project which received the award, to wit, to benefit Southport. 3. EASEMENTS AND RIGHTS -OF -WAY The City agrees to transfer all easements and fee simple property related to the water and sewer systems to the County. The City also gives the County the right to operate, maintain, and construct new water and sewer mains within the rights -of - way owned by the City or deeded to the City by developers. Any new easement required to expand the water and sewer systems would be the responsibility of the County. 4. SYSTEM IMPROVEMENTS The County agrees to make such improvements as required to integrate the City of Southport water and sewer systems into the overall County water and sewer systems. The County will be responsible for the cost of the improvements. County agrees to operate, maintain and expand said water and sewer systems to accommodate planned growth and development within City's planning and zoning jurisdiction in accordance with County utility system policies, standards, and procedures, and to serve present and future demands in a manner so as not to impede the orderly growth and development of City. Further, the County agrees to use ten million five hundred thousand dollars ($10,500,000.00) granted by the State of North Carolina for the purpose of delivering the Sewer Replacement Project, and will deliver the project in a timely manner in consultation with the City. 5. EMPLOYEE TRANSFER City employees that are eligible and elect to transfer to County will be offered employment with County's water and sewer utility system and will be offered a position as equivalent as possible to their present positions with City. These employees will transfer subject to the same drug screening and pre -employment review as other new hires and will be bound by the terms of the County Personnel Policy upon employment. The County agrees to accept and give each transferred employee credit for existing sick leave. Further, the County agrees to credit the transferred employees with the same number of years of service as they have with the City at the time of transfer, for the purpose of holding the transferred employees harmless for benefits such as vacation and sick leave accrual. The City shall pay out any accumulated vacation of City employees prior to their transfer to the County. 4 DocuSign Envelope ID: 72A4AB56-74C7-4921-9B4E-ADCDB79429A0 6. RECORDS TRANSFER City shall transfer to County all available reproducible and electronic copies of any and all records, data, information, and models arising from the construction, operation and maintenance of City's water and sewer utility system and any other related activity, including projects in progress, and including, but not limited to, the following: 1) Construction contracts, drawings, maps, and all other related documents evidencing the condition or location of any portion of the subject water and sewer systems including such documents as may be in the possession of any engineer or other consultant of City; 2) Billing, collection and payment records on all present customers of the subject water and sewer systems; 3) An accurate tabulation or listing of all actual service locations in the City system to be transferred to County from City, to include: a) Address - Number and Street; b) Account Name (if active); c) Billing Address for Each Account Number; d) Account Numbers and all meter reading books and the history of all accounts for the past twelve (12) months; e) One Year's Account History; f) Meter Location Description; 4) Contracts or agreements for the supply of equipment, materials, supplies, and products; 5) Pending applications for water and sewer service; 6) Contracts or agreements to provide water and or sewer service currently in effect; 7) Receipts, accounts and other records of deposits made by all present and past customers of the subject water and sewer systems; 8) Any and all warranty information on any facilities, property, land, and equipment transferred to County pursuant to this Agreement; 9) Repair, maintenance, trouble, and emergency response records for all portions of City's water and sewer systems; 10) Any and all notices of violation, legal actions, and lawsuits pertaining to City's water and sewer system ; 11) Plans, permits, reports, specifications, surveys, etc., for water and sewer facilities and operations; 12) Number and locations of all unmetered services; 13) Copies of all water and sewer system maps; 14) Copies of all easements; 15) Copies of all encroachment agreements; 16) Identification of all inside City customers; 17) Identification of all outside City customers; 18) Record of all assessments for system extensions; 19) Identification of all taps for which payment has been made; 20) Identification of all backflow prevention installations; DocuSign Envelope ID' 72A4A856-74C7-4921-9B4E-ADCDB79429A0 21) Identification of all Pretreatment Program installations; 22) Copies of such records as are necessary to inform County of the location of all facilities of City for other utility operations; 23) Accounts payable records; 24) Accounts receivable records; and, 25) Any other information, data, and records pertaining to City's water and sewer utility. City agrees that within a reasonable time after the Transfer Date, City shall submit to County such accounting, commercial, engineering, planning, personnel, and facility records pertaining to City's water and sewer utility system. City may make copies of said materials for City's records and archives. Prior to the Transfer Date, the County Manager and City Manager, or their designees, shall determine mutually satisfactory administrative details for the transfer of the above -referenced records. 7. CUSTOMER TRANSFER AND RECYCLING & YARD WASTE COLLECTION BILLING As of the Transfer Date, all customers and users of City's water and sewer system shall become subject to all rules, regulations and ordinances of County as the same apply to all users and customers of the water and sewer system of County, and as same are now or may hereafter be amended. Such rules, regulations and ordinances and schedule of rates, fees, charges and penalties shall constitute a part of the Agreement between County and any customer or user of the subject water and sewer system and any extensions thereof for the provision of water and sewer service. A team comprised of County and City staff shall develop a seamless transfer of customer accounts at Transfer Date in order to provide continuity of account activity after the merger. All accounting after the Transfer Date shall be made within the County utility enterprise fund. Effective immediately following the Transfer Date, City shall transfer customer deposits to County. From and after the Transfer Date the County agrees to perform billing services for the City for the City Recycling & Yard Waste Fee (the Fee). The Fee will be included on the monthly County Utility Bill for customers inside the City limits, and the revenue produced from the Fee remitted to the City on a schedule as agreed to between the Finance Directors of the City and the County. The Parties agree that in lieu of a charge for these billing services, the City shall continue to maintain the right of ways and other areas occupied by or adjacent to the Bay Street liftstation. DocuSign Envelope ID: 72A4A856-74C7-4921-9B4E-ADCDB79429A0 8. WATER AND SEWER RATES The water and sewer customers in the City will pay the same water rates and fees as currently in effect for similarly situated customers of the County. The City agrees to transfer all meter deposits held on behalf of their customers to the County 9. ORDINANCES AND PERMITS The City agrees to maintain in effect ordinances regulating water and sewer connections and the use of the water and sewer systems to include mandatory connection to the water and sewer systems for all structures developed within the corporate limits of the City. The City's sewer use ordinance must conform to the County's current ordinance and the NC DENR minimum requirements. The County agrees that land use permitting decisions in the City ETJ will continue to be processed by the City. The County shall take into consideration the requests from the City for utility service provision within the ETJ, however, the County shall be the ultimate decision maker as to the provision of said service. 10. FUTURE EXPANSION OF WATER DISTRIBUTION AND SEWER COLLECTION SYSTEMS It is understood and agreed that all future expansions to the water distribution and sewer collection systems within the corporate limits of the City subsequent to the execution of this Agreement whether constructed by the City or private developers shall be constructed in accordance with County specifications and shall be dedicated to the County upon completion of construction. The County agrees to solicit input from the City on current and future water and sewer needs of the City on at least an annual basis. 11. GRANT OF EXCLUSIVE RIGHT TO THE COUNTY The City, subject to the terms and provisions of this Agreement hereby grants and gives the County the exclusive right to own, maintain, and operate the sewer collection and water distribution systems within the City. 12. NO ORAL MODIFICATIONS Any change or modification of this Agreement must be in writing signed by both parties. 13. TERM AND TERMINATION OF AGREEMENT This Agreement shall be perpetual. City and County hereby agree that such perpetual duration is reasonable and necessary in light of the purposes of this Agreement. If for any reason a court of competent jurisdiction rules in a final DocuSign Envelope ID: 72A4A856-74C7-4921-9B4E-ADCDB79429A0 decision that may not be appealed that a perpetual term to this agreement is unlawful, then this agreement shall have a term of sixty (60) years. If the term of this agreement is so limited to sixty (60) years, the expiration of the term shall only affect the agreements hereunder with respect to events and performances that occur after the expiration date of such term, and shall not affect the existence or validity of any transfer, conveyance, undertaking, liability, or other action or right that occurred or arose prior to the expiration date. 14. CITY REPRESENTATIONS AND WARRANTIES The City hereby represents and warrants as follows: A. Except as otherwise disclosed herein, the City has good and marketable title, free and clear of liens and encumbrances, to the real and personal property being conveyed to the County, including all permits, associated with every aspect of the Water and Sewer Systems. B. The Water and Sewer Systems are in good condition and repair, normal wear and tear excepted, and are in compliance with all laws, rules, and regulations of applicable governmental units. C. The City shall provide the County with true, accurate, and complete copies of the following: the City's rates and fees for water and sewer service; all ordinances, resolutions, and/or rules and regulations relating to the Water and Sewer Systems, all which remain in full force and effect, and all other plans, specifications, and operation/maintenance manuals for the Water and Sewer Systems. D. The City shall provide the County with true, accurate, and complete copies of each permit and contract associated with the Water and Sewer Systems under which the City is obligated to perform together with written evidence showing that the permits have been transferred to the County and that the other parties to the contracts, whenever required, have consented to assigning the contracts to the County. E. The City has the power and authority to assign the permits, contracts, liabilities, and debt obligations associated with the Water and Sewer Systems to the County, no events of default have occurred or are occurring thereunder, the permits, contracts, liabilities, and debt obligations remain in full force and effect, and are enforceable in accordance with their respective terms and conditions. F. This Agreement, and all other documents and instruments related hereto and/or required hereby, has/have been or will be, duly authorized, executed, and delivered by the City and constitute valid and binding obligations by the City enforceable in accordance with its terms and conditions subject to bankruptcy, insolvency, or other laws affecting the enforcement of creditor's rights. G. The City's execution and delivery of this Agreement and compliance with its terms and conditions will not conflict with or constitute a breach or violation of, or a default under any agreements to which the City is a party, any applicable law, rule, or regulation of any governmental unit or agency thereof, any applicable judgment or decree of any court or other governmental agency or body, or the DocuSign Envelope ID: 72A4A856-74C7-4921-9B4E-ADCDB79429AO provisions of any permits held by the City for the ownership, operation, and maintenance of the Water and Sewer Systems. H. The execution and delivery of this Agreement and the conveyance of the City's Water and Sewer Systems to the County do not require the approval of any regulatory body, governmental unit or agency, or any other persons/entities whatsoever, except as may have been obtained. I. All permits held by the City regarding the ownership, operation, and maintenance of its Water and Sewer Systems are in full force and effect, have been duly complied with in all material respects, and are assignable and transferable to the County. J. All easements held by the City with regard to its Water and Sewer Systems are assignable by the City without the consent of third parties. In case any easement is contested the City will cooperate with the County in defending the contested easement or by granting a specific assignment to, or joint use agreement with, the County K. If deemed necessary by the County, the City will adopt ordinances such as, but not limited to, a sanitary use ordinance, backflow prevention ordinance, grease trap ordinance, right of entry ordinance, and other ordinances that are reasonably necessary to regulate the proper use of, and provide for the proper billing and collection of bills for, the subject water and sewer system and any extensions thereof by the customers and users within the jurisdiction of City. 15. COUNTY REPRESENTATIONS AND WARRANTIES The County hereby represents and warrants as follows: A. This Agreement, and all other documents and instruments related or required hereby, have been duly authorized, executed, and delivered by the County and constitute valid, binding, and enforceable obligations by the County. B. The County's execution and delivery of this Agreement and compliance with its provisions will not conflict with or constitute a breach or violation of, or a default under any agreements to which the County is a party, any applicable law, rule, or regulation of any governmental unit or agency thereof, or any applicable judgment or decree of any court or other governmental agency or body. C. The County will perform the services customarily performed by water and sewer utility systems with respect to the acquired systems and customers, such as: 1. Read all meters of, send all bills to, and collect all payments from the Water and Sewer Systems' customers. 2. Administer the provision of water and sewer services to new customers and coordinate the construction of related infrastructure by developers intending to connect to the Water and/or Sewer Systems. 3. Maintain, repair, and improve the systems in a timely manner and operate and manage the systems in a manner consistent with good business and operating practices for comparable facilities and in full compliance with all issued permits, operational requirements, industry standards, and the applicable laws, rules, and regulations of regulatory bodies, governmental units, or agencies thereof. DocuSign Envelope ID: 72A4A856-74C7-4921-9B4E-ADCDB79429A0 4.Operate, maintain, and manage the water and sewer system with employees who have the operational expertise and professional credentials necessary to perform their respective duties, and perform the administrative and managerial duties required for the operation of public enterprise water and sewer systems. 16. COOPERATION OF THE PARTIES The City and the County agree to cooperate, fully, effectively, and efficiently with each other to accomplish the intent and purposes of this Agreement, execute all supplementary documents necessary to enforce its terms, and to take all additional actions deemed necessary and appropriate so as to give full force and effect to the terms, conditions, and intent of this Agreement. Neither party shall unreasonably withhold or delay providing such cooperation. The parties further agree to provide to each other, if requested, all plans, as built drawings, financial information, and all other information, documents, materials, and other things in their possession or control associated with the Water and Sewer Systems, and the performance of the terms and conditions set forth herein. 17. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties and supersedes all prior and independent agreements between the parties covering the subject matter hereof. 18. SPECIFIC PERFORMANCE IN EVENT OF DEFAULT The parties acknowledge that monetary damages would not fully compensate either party in the event of any breach or default of this Agreement. The parties therefore agree that in the event of a breach or default by either party, the other party shall, in addition to seeking damages, be entitled to seek and obtain the specific performance of the defaulting parry's obligations hereunder. 19. AUTHORIZATION Each party certifies that all appropriate steps to legally enter into this Agreement have been taken, that the matter has been approved by the appropriate legislative body, and that the terms of this Agreement are understood. Moreover, each party certifies that all laws, rules, and regulations as well as any local governmental rules were followed with regard to acceptance of this Agreement and that this Agreement meets all standards for governmental agreements. 20. SECTION HEADINGS The section headings in this Agreement are for convenience and ease of reference only. Such headings are not part of this Agreement and are not to be used in interpreting its provisions. 10 DocuSign Envelope ID: 72A4A856-74C7-4921-9B4E-ADCDB79429A0 21. CHOICE OF LAW This Agreement shall be governed by and interpreted in accordance with the law of the State of North Carolina. 22. SEVERABILITY It is hereby the declared intention of City and County that the paragraphs, sections, sentences, clauses, and phrases of this agreement are severable. If one or more paragraphs, sections sentences, clauses, or phrases shall be declared void, invalid or otherwise unenforceable for any reason by the valid, final judgment or decree of any court of competent jurisdiction, such judgment or decree shall not affect the remaining provisions of this agreement. 23. WARRANTIES The County and City represent and warrant that each has full power and authority to enter into and perform any and all provisions of this Agreement between the County and the City. 24. SIGNATURES This Agreement, together with any amendments or modifications, may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be considered one and the same agreement. This Agreement may also be executed electronically. By signing electronically, the parties indicate their intent to comply with the Electronic Commerce in Government Act (N.C.G.S § 66- 58.1 et seq.) and the Uniform Electronic Transactions Act (N.C.G.S § 66-311 et seq.). Delivery of an executed counterpart of this Agreement by either electronic means or by facsimile shall be as effective as a manually executed counterpart. [SIGNATURE PAGE FOLLOWS] DocuSign Envelope ID: 72A4A856-74C7-4921-964E-ADCDB79429A0 IN WITNESS WHEREOF, the parties hereto, acting by and through their duly authorized representatives pursuant to the resolutions of their respective governing bodies, have caused this Agreement to be executed as of the day and year first above written. ATTEST: F oocusigned by: Ai wSl 'MW T6 We'board (SEAL) ATTEST: Fp DocuSigned by: oroi{ gggVW 6 1f 1 1C11C 2F (SEAL) THE COUNTY OF BRUNSWICK DocuSiggn�ne^^d by: By: a "'M8ffpson, Chain»an CITY OF SOUTHPORT DocuSigned by: 1M3AY�or "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." ooeuswned W. aMW°RMT'Director of Fiscal Operations Brunswick County "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." oxusignad W. w ;Finance Director City of Southport 12 DocuSign Envelope ID: 72A4A856-74C7-4921-9B4E-ADCD879429A0 EXHIBIT A Real Estate, Equipment, Assets and Liabilities Water/ Sewer/ Property Description Both Type Acquired 1 SYSTEM Water SYSTEM 7/1/1975 1 NEW LIFT STATION Sewer LAND 7/1/1986 1 1986-87 ADDITIONS Water SYSTEM 8/1/1986 1 EASEMENT - NEW LIF Sewer LAND 9/23/1986 I EASEMENT - STATION Sewer LAND 3/25/1987 1 1987-88 ADDITIONS Water SYSTEM 7/1/1987 1 FOREST OAKS Water SYSTEM 7/1/1987 1 INDIGO PLANTATION Water SYSTEM 7/1/1988 1 ADDUTUIBS Water SYSTEM 7/1/1988 13 BLOCK BUILDINGS Water SYSTEM 7/1/1989 1 ADDITIONS Water SYSTEM 7/1/1989 17.9 HP PUMP Water SYSTEM 7/1/1989 1 ENGINEERING FEES- C Water SYSTEM 7/1/1989 1 11ST PROJECT Water SYSTEM 9/1/1990 1 1990-91 ADDITIONS Water SYSTEM 9/1/1990 1 1991-92 ADDITIONS Water SYSTEM 7/1/1991 1 1992-93 ADDITIONS Water SYSTEM 7/1/1992 1 SYSTEM ADDITIONS F Water SYSTEM 1/1/1994 1 SYSTEM ADDITIONS Water SYSTEM 1/1/1995 1 95/96 System Additions Water SYSTEM 1/1/1996 1 96/97 ADDITIONS Water SYSTEM 1/1/1997 1 97/98 SYSTEM ADDITI Water SYSTEM 1/1/1998 1 SBSD LINE ON HWY I Water SYSTEM 4/1/1998 1 98/99 System Additions Water SYSTEM 1/1/1999 1 Well & WIT tank painting Water SYSTEM 5/12/1999 199-00 system additions Water SYSTEM 1/1/2000 1 SEWER SYSTEM IMPR Sewer SYSTEM 6/1/2000 I SEWER SYSTEM -THE Sewer SYSTEM 7/13/2000 I WATER & SEWER -HA Both SYSTEM 7/13/2000 I WATERLINES -THE LA Water SYSTEM 7/13/2000 1 SEWER COLLECTION Sewer SYSTEM 8/22/2000 1 2000-2001 SYSTEM AD Water SYSTEM 1/1/2001 I System additions 01-02 Water SYSTEM 1/1/2002 1 System interconnect SE Water SYSTEM 1/1/2002 1 Yacht basin waterline pr Water SYSTEM 1/1/2002 1 NC 211 LINE RELOCA Water SYSTEM 8/15/2002 1 Yacht basin waterline pr Water SYSTEM 11/21/2002 13 DocuSign Envelope ID: 72A4A856-74C7-4921-9B4E-ADCDB79429A0 I System addition 02/03 Water SYSTEM 1/1/2003 1 County waterline interco Water SYSTEM 6/30/2003 1 System Water SYSTEM 7/1/2003 1 Yacht Basin Waterline Water SYSTEM 9/26/2003 1 System additions 03/04 Water SYSTEM 1/1/2004 1 Kemp Contractors Water SYSTEM 6/30/2004 1 SCADA system Sewer EQUIPMENT 12/6/2004 1 Donated system Water SYSTEM 12/9/2004 104-05 System additions Water SYSTEM 1/1/2005 1 Waterline interconnection Water SYSTEM 1/1/2005 1 Yacht Basin Project Water SYSTEM 1/1/2005 1 Appraisal-Spayfield Land Sewer LAND 6/13/2005 1 Cottage Point- Donated Water SYSTEM 10/13/2005 1 Land for Wastewtr Enha Sewer LAND 11/22/2005 1 System additions 05-06 Water SYSTEM 1/1/2006 1 YactBasin Interconnect Water SYSTEM 1/1/2006 I System- Professional fee Water SYSTEM 1/1/2006 1 Lift Station- Leonard St Sewer SYSTEM 2/9/2006 Waterline Interconnect 0 Water SYSTEM 4/30/2006 1 06-07 System Water SYSTEM 1/1/2007 1 SCADA Water Controls Water EQUIPMENT 6/6/2007 1 WWTR Enhance Phase Sewer SYSTEM 3/15/2008 1 Turtlewood Sewer & Wat Both SYSTEM 4/10/2008 1 BAY STREET PUMP Sewer SYSTEM 6/27/2008 1 Sprayfield Improvement Sewer LAND 6/30/2008 County Water Tank % 07/01/08 Water SYSTEM 7/1/2008 1 Sprayfield Improvement Sewer LAND 9/30/2008 1 Dutchman Village Sewer Sewer SYSTEM 11/8/2008 1 RIVERMIST SEWER Sewer SYSTEM 10/14/2010 1 WWTS ENHANCEMEN Sewer SYSTEM 1/25/2011 1 REHAB PUMP STATIO Sewer SYSTEM 6/7/2011 Manhole Water SYSTEM 6/30/2012 Rivermist - Block 6, 425 If 8" sewer Sewer SYSTEM 5/8/2013 Spectra Shield concrete water main liner Water SYSTEM 5/14/2013 Replace sewer main - E. 11th from Howe sts Sewer SYSTEM 6/27/2013 River Drive lift/pump station improvements Sewer SYSTEM 6/27/2013 Replace existing M/H - E. Bay and I Am sts Water SYSTEM 6/27/2013 Pump station - River Drive Sewer SYSTEM 6/27/2013 Sewer Plant Revetment Sewer LAND IMPROVEMENT6/30/2014 Sewer Rehab Sewer SYSTEM 6/30/2014 .40 ac property Forest Oaks lift station Sewer LAND 6/30/2015 Generator - Bay Street Sewer EQUIPMENT 6/30/2015 14 DocuSign Envelope ID: 72A4A856-74C7-4921-9B4E-ADCDB79429A0 Generator - Landing Sewer EQUIPMENT 6/30/201S Utility Main ASCO 300 Series Water EQUIPMENT 6/30/2015 162 vertical ft manhole liner Sewer EQUIPMENT 6/30/2015 1(8") & 1 (10") altitude valve Water EQUIPMENT 6/30/2015 Manhole Sewer SYSTEM 6/30/2015 6"Gate valve Water SYSTEM 6/30/2015 Forest Oaks Lift Station Sewer SYSTEM 6/30/2015 water main Lord St ,Owens, to West West Water SYSTEM 6/30/2015 Cades Cove -Water and Sewer lines donated Both SYSTEM 6/30/2015 Prices Creek -Water and sewer lines donated Both SYSTEM 6/30/2015 Jonas Creek -Water and sewer lines donated Both SYSTEM 6/30/2015 The Ridge at Forest oaks -donated lines Both SYSTEM 6/30/2015 Old Southport W & s lines donated Both SYSTEM 6/30/2015 AMI PROJECT METERS INSTALLATION Water SYSTEM 6/30/2015 9 fire hydrants installations Water SYSTEM 5/12/2016 Altitude valves Water EQUIPMENT 6/30/2016 Accela software Water EQUIPMENT 6/30/2016 Accela Software Water EQUIPMENT 6/30/2017 AMI PROJECT METERS INSTALLATION Water SYSTEM 6/30/2017 Pump central lift station Sewer SYSTEM 6/30/2017 Sewer asset management plan Sewer EQUIPMENT 2/9/2018 Water main at Harbor Oaks Water EQUIPMENT 6/30/2018 GENERATOR Sewer EQUIPMENT 6/30/2019 Water Asset Management Plan Water EQUIPMENT 6/30/2021 Howe St Sewer Project Sewer SYSTEM 9/17/2021 Repl. submersible pump for Deep Point Marina Lift Station. Sewer SYSTEM 2/11/2022 Backup pump for Forest Oaks Lift Station: Hydromatic, 10hp, 3ph Sewer SYSTEM 6/8/2022 Replacement Generator for Forest Oaks Sewer SYSTEM 10/3/2022 Replacement Generator for Indigo Sewer SYSTEM 10/3/2022 Replacement Generator for Turtlewood Sewer SYSTEM 10/3/2022 New backup/replacement pump for Central Lift Station Sewer SYSTEM 12/1/2022 Meter Boxes for Water Meter Services Water SYSTEM 8/31/2023 WIP Generator for River Dr Lift station Sewer SYSTEM 9/14/2023 400 RDM Water Meters Water SYSTEM 11/19/2023 WIP Generator for Cottage Pt Lift Station Sewer SYSTEM 2/1/2024 15 DocuSign Envelope ID: 72A4A856-74C7-4921-9B4E-ADCDB79429A0 Water/ Sewer/ Proiects — Construction in Proeress Both TvDe Acquired Pump Station Rehab Sewer SYSTEM CIP Sewer Replacement Sewer SYSTEM CIP Wastewater Treatment Facility Expansion Sewer SYSTEM CIP Construction Find and Fix (FIFI) Project Sewer SYSTEM CIP 16