01201986HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, JANUARY 20, 1986
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The Harnett County Board of Commissioners met in regular session on Monday, January 20,E
1986, in the Commissioners Room, County Office Building, Lillington, North Carolina,
with the following members present: M. H. Brock, Lloyd G. Stewart, Rudy Collins, Bill
Shaw, and Chairman Jesse Alphin presiding. Vanessa W. Young, Clerk to the Board; John
Phelps, representing the County Attorney's Office; and Hollie J. Wade, Recording Secre-
tary, were also present.
CALL TO ORDER Chairman Jesse Alphin called the meeting to order at 7:10 p.m.
PRAYER Commissioner Lloyd G. Stewart led the evening prayer.
MINUTES APPROVED The minutes from the Harnett County Board of Commissioners meeting of January 6, 1986,
were approved as read.
DAN MOODY RE: Dan Moody appeared before the Board concerning the county's mode of election. Currentl
MODE OF ELECTION the commissioners in the county are nominated in the district in which they reside but
are elected at large. Mr. Moody requested the method be changed whereby the commis-
sioners are nominated and elected in the District in which they reside. Chairman
Alphin thanked Mr. Moody for presenting his request to the Board and advised him that
the Commissioners would take this matter under consideration.
Chairman Alphin stated that the next item of business would be the consideration and /or
adoption of the proposed manufactured home park ordinance. A copy of the resolution
adopting the ordinance and the proposed ordinance is as follows:
NOTE: READ ACTION IMMEDIATELY FOLLOWING THE INSERTED ORDINANCE IN
ORDER TO SEE AMENDMENTS APPROVED BY THE BOARD
MANUFACTURED HOME PARK ORDINANCE OF HARNETT COUNTY, NORTH CAROLINA
WHEREAS, the members of the Harnett County Board of Commmissioners (hereinafter
"Board ") have been approached by various citizens and residents of the County and
other interested persons regarding the adoption of a County ordinance governing
manufactured home parks; and
WHEREAS, the Board, desiring to pursue the adoption of such an ordinance, requested
County officials to study the matter and present the Board with a proposed ordinance; and
WHEREAS, after having the proposed ordinance prepared, the Board desired to call
a public hearing to gather public comment on the proposed ordinance; and
WHEREAS, a public hearing was called by the Board, and notices thereof were
published in newspapers of general circulation in the County; and
WHEREAS, a public hearing was held at 7:30 p.m., on December 16, 1985 in the
Assembly Room at the Harnett County Office Building, Lillington, North Carolina, at
which time interested persons were heard; and
WHEREAS, the Board, in order to promote the health, safety, and general welfare
of Harnett County, now desires to adopt the said ordinance governing the establishment
and maintenance of manufactured home parks.
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS:
1. The "Manufactured Home Park Ordinance of Harnett County, North Carolina"
attached hereto as "Exhibit A" and incorporated herein by reference is hereby adopted.
2. The said Ordinance shall be effective from and after January 20, 1986.
This the 20th day of January, 1986.
HARNETT COUNTY BOARD OF COMMISSIONERS
BY:
ATTEST:
Vanessa W. Young, Clerk
Jesse Alphin, Chairman
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MANUFACTURED HOME PARK ORDINANCE
OF HARNETT COUNTY, NORTH CAROLINA
Harnett County Board of Commissioners
Jesse Alphin, Chairman
Lloyd G. Stewart, Vice Chairman
W. A. (Bill) Shaw
Ray Daniels, Vice Chairman
Haywood Hall
M. H. (Jack) Brock
County Manager
M. H. (Jack) Brock
Rudy Collins
Harnett County Planning Board
Casey Fowler, Chairman
John M. Phelps, II
Bryan, Jones, Johnson & Snow
Theron Miller, Secretary
Thomas Farrar
Ervin G. Dobson
Planning Director
James Dougherty
N. C. Department of
Natural Resources
MANUFACTURED HOME PARK ORDINANCE OF HARNETT COUNTY, NORTH CAROLINA
ARTICLE I
TITLE, PURPOSE, AUTHORITY, JURISDICTION,
EXISTING MANUFACTURED HOME PARKS, AND EFFECTIVE DATE
Section 1.0 Title
This Ordinance shall be known and may be
Ordinance of Harnett County, North Carolina.
cited
as the Manufactured Home Park
Section 1.1 Purpose
The regulations as herein set forth have been made for the purpose of promoting
the health, safety, and general welfare of Harnett County residents.
Section 1.2 Authority
The provisions of the Ordinance are adopted under authority granted by the General
Assembly of the State of North Carolina, particularly Article 6 of Chapter 153A of
the North Carolina General Statutes.
Section 1.3 Jurisdiction
These regulations shall govern the establishment and maintenance of manufactured
home parks. Provisions of the Ordinance shall apply uniformly to all areas within
the jurisdiction of Harnett County.
Section 1.4 Existing Manufactured Home Parks
Manufactured home parks existing at the time of the adoption of this Ordinance
shall be allowed to continue operation in their present form, but shall not be allowed
to expand or increase unless such expansion meets fully the requirements set forth in
this Ordinance.
Within six (6) months after the adoption of this Ordinance all existing manufactured
home parks shall be required to provide the administrative official with a statement
of the number of mobile home lots within the park.
Section 1.5 Severability of Ordinance
If for any reason any one or more parts of this Ordinance are held invalid, such
judgment shall not invalidate the remaining provisions of this Ordinance, but shall
be confined in its operation to the specific parts of this Ordinance held invalid.
Section 1.6 Effective Date
This Ordinance shall be effective from and after
ARTICLE II
DEFINITIONS AND INTERPRETATION OF TERMS
Section 2.1 Interpretation of Certain Terms and Words
A. Words used in the present tense include the future tense.
B. Words used in the singular number include the plural, and words used in the
plural number include the singular.
C. The word "shall" is always mandatory and not merely directory.
D. The word "may" is permissive.
E. The words "used" or "occupied" include the words intended, designed, or
arranged to be used or occupied.
Section 2.2 Definitions
Manufactured Home - A manufactured home is a structure that (a) consists of a
single unit completely assembled at a factory or of two (double -wide) or three (triple -
wide) principal components totally assembled at the factory and joined together at
the site; and (b) is designed so that the total structure (or in the case of a double -
wide or triple -wide, each component thereof) can be transported on its own chassis;
and (c) is over 32 feet long and over 8 feet wide; and (d) is designed to be used as
a dwelling and provides complete, independent living facilities for one family,
including permanent provisions for living, sleeping, eating, cooking, and sanitation;
and (e) is actually being used, or is held ready for use, as a dwelling; and (f) is
not permanently attached to a foundation.
Manufactured Home Lot - A manufactured home lot is a piece of land within a
manufactured home park: (a) whose boundaries are delineated in accordance with the
requirements of the Ordinance, and (b) that is designed and improved in accordance
with the requirements of the Ordinance to accommodate a single manufactured home.
Manufactured Home Park - A manufactured home park is (a) a piece of land so
designed and improved that it is licensed as a manufactured home park under this
Ordinance, or (b) a piece of land that was occupied by two or more manufactured homes
at the time of adoption of this Ordinance.
Street, Collector - A street that serves as the most probable and convenient
access route between any public street connected to the manufactured home park and a
minimum of forty manufactured home lots.
Street, Minor - All streets within the manufactured home park that do not meet
the definition of collector streets.
Tie Downs - Galvanized steel cables or strapping which "tie" a manufactured home
and its steel frame to anchors embedded in the ground.
Tract - A tract is a piece of land whose boundaries have been described or
delimited by a legal instrument or map recorded in the office of the register of deeds.
ARTICLE III
HARNETT COUNTY PROPOSED
MANUFACTURED HOME PARK MINIMUM STANDARDS
Section 3.1 Minimum Park Size
Manufactured home parks shall be located on a tract of land not less than two
(2) acres in size and shall contain at least two (2) manufactured home lots at first
occupancy.
Section 3.2 Minimum Lot Size
The minimum manufactured home lot area shall be 10,000 square feet. Where public
sewer and water is not supplied, then the minimum lot area shall be 20,000 square
feet. Where either a public sewer or a public water system is provided, then; the
minimum lot size shall be 15,000 square feet. Each manufactured home lot shall be
clearly established on the ground by permanent monuments •or markers.-.
Section 3.3 Relationship of Structures to Other Structures
Each manufactured home shall be located not less than twenty (20) feet from any
other manufactured home, not less than twenty (20) feet from any building within the
manufactured home park, not less then twenty (20) feet from the park boundary line,
and not less than fifteen (15) feet from the edge of any street right -of -way.
Section 3.4 Footings and Outdoor Living Area
The supports of all manufactured homes located within a manufactured home park
shall rest upon footings which meet the standards set forth in the "State of North
Carolina Regulations for Manufactured Homes" booklet.
Section 3.5 Flood Hazard
Manufactured home parks shall not be located in areas that are susceptible to
regular flooding. Manufactured home parks shall be graded so as to prevent water
from ponding or accumulating on the premises.
Section 3.6 Planting Strips
The manufactured home park shall have a planting strip not les's than ten (10)
feet wide adjacent to the park boundary extending along the entire perimeter of the
manufactured home park. The planting strip shall not be a portion of any manufactured
home space, street, or private drive. It shall be planted with evergreen and /or
deciduous trees not more than twenty (20) feet apart and adequately landscaped with
grass and shrubbery in such a manner as to be harmonious with the landscaping of the
adjacent properties and in keeping with the general character of the surrounding
neighborhood.
The buffering requirement may be waived by the Administrative Official along any
boundary which is naturally screened by trees and shrubbery and /or topography.
Section 3.7 Nonresidential Uses
No part of any park may be used for nonresidential purposes, except uses that
are required for the direct servicing and well -being of park residents and for the
management and maintenance of the park. This section shall not be construed to
prohibit the sale of a manufactured home located on a manufactured home lot and
connected to the pertinent facilities.
Section 3.8 Parking
Each manufactured home park shall provide sufficient parking and maneuvering
space so that the parking, loading, or maneuve_r.ing_of a manufactured_ home--incidental
to parking shall not necessitate the use of any public street, sidewalk, or right -of-
way or any private grounds not part of the manufactured home park; and (b) two off -
street parking spaces shall be provided for each manufactured home lot in the park.
Section 3.9 Exterior Lighting
Adequate lights shall be provided to illuminate streets, common driveways, and
walkways for the safe movement of vehicles and pedestrians at night.
Section 3.10 Utilities
Each lot in a manufactured home park shall be served by a properly approved water
and sewerage system.
A. The Water System.
Where a manufactured home park is constructed within five hundred (500) feet
of an existing county water line system, it shall be required to connect
the park water system with the county system. Where an existing county
water system is not available each water system serving less than twenty-
five (25) people or fewer than fifteen (15) connections must be approved by
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the Harnett County Health Department. All water systems with fifteen (15)
or more connections or serving twenty -five (25) or more people must be
approved by the Environmental Health Section, Division of Health Services,
North Carolina Department of Human Resources, according to the "Rules
Governing Public Water Supplies" as amended.
B. Sewerage System
Where a manufactured home park is constructed within five hundred (500) feet
of an existing county sewerage system, it shall be required to connect the
sanitary sewerage system with the county system. Where an existing county
sewerage system is not available, each sanitary sewerage system in a
manufactured home park which collects and disposes of domestic waste by
surface discharge must be approved by the Harnett County Health Department
pursuant to "Laws and Rules for Sanitary Sewage Collection, Treatment and
Disposal" (Section .1900 of the North Carolina Administrative Code; Title
10, Department of Human Resources; Chapter 10, Health Services; Environmental
Health, Subchapter 10A, Sanitation, and any other rule or regulation
promulgated by Health Authority. All sanitary sewerage systems which are
designed for surface discharge, or to collect and dispose of non - domestic
waste must be approved by the Division of Environmental Management, Department
of Natural Resources and Community Development.
Section 3.11 Interior Street System
A. Access - All manufactured home parks shall be provided with a network of
streets, roads, or driveways that will allow safe and convenient vehicular
access to an improved public street from each mobile home lot, but no
individual manufactured home within a park may have direct, driveway access
to an abutting public street.
The intersection of the public street with the entrance way or private
access road to the manufactured home park shall be designed to facilitate
the free movement of traffic on the public street and to minimize the hazards
caused by traffic entering or leaving the park development. Signs shall
be erected or curb markings painted to indicate that parking on the entrance
way or private access road within one hundred (100) feet of its intersection
with the public street is prohibited.
Through streets connecting two (2) public thoroughfares or extending to
adjacent properties shall be built to minimum construction standards required
by the North Carolina Department of Transportation for acceptance to the
State Highway System. All through streets shall have a right -of -way of 50
feet approved by the Mobile Home Park Ordinance Administrator, Harnett
County, North Carolina.
The following road types shall incorporate the following N. C. Department
of Transportation Standards and County Standards.
(1) Dead end streets 2,500 feet or more shall have a right -of -way of
50 feet; dead end streets Less than 2,500 feet shall have a right -
of -way of 45 feet.
(2) Loop roads of more than one mile in length shall have a right -of-
way of 50 feet; loop roads less than one mile shall have a right -
of -way of 45 feet.
(3) Cul -de -sacs shall not exceed 1,000 feet in length and shall have
a right -of -way of 45 feet.
(4) Any driveway connections to the state highway system will require
a driveway connection permit from the Department of Transportation.
B. Circulation - The street system shall provide convenient circulation by
means of minor streets and properly located collector streets. Dead end
streets shall be no longer than 2,500 feet and their closed end shall have
a turnaround such as a T or Y turn or cul -de -sac with a minimum diameter of
sixty (60) feet.
C. Travel -way Widths - Travel -way widths shall be wide enough to accommodate
the contemplated parking and traffic load for the type of street, with ten
foot minimum moving lanes for collector streets, nine foot minimum moving
lanes for minor streets, and seven foot minimum lanes for parallel parking.
In all cases, travel -ways shall meet the following minimum requirements:
(1) collector streets with parking allowed on both sides, thirty -four feet;
(2) collector streets without parking allowances, twenty -four feet; (3)
one -way minor streets for serving less than twenty lots, with no parking
allowed, fourteen feet.
680
D. Street Grades - Grades of all streets shall be sufficient to insure adequate
surface drainage, but shall not be more than eight percent. Short runs may
have a maximum grade of twelve percent, if traffic safety is assured.
E. Intersections - Street •intersections shall generally be at right angles.
Off -sets at intersections and intersections of more than two streets at one
point shall be avoided.
F. Extent of Improvements - All streets shall have a smooth, hard, dense surface
that is durable and well drained under normal use and weather conditions.
The surface shall be kept free of cracks and holes, its edges suitably
protected to prevent traveling and shifting of the base.
G. Street Names - All streets shall be named with signs which are identifiable
from the street.
Section 3.12 Recreation Areas
When a manufactured home park shall contain at least twenty lots, a recreation
area will be developed and maintained that shall include not less than eight percent
of the total park area. The minimum size of any recreation area shall be 2,500 feet.
Lakes, ponds, rivers, streams, swamps, and marsh lands shall not be considered as
meeting, in part or in wholes, the recreation area requirements of this section.
Section 3.13 Tie Down and Anchoring Requirements.
Manufactured homes shall be securely anchored to the ground by means of a tie
down system. When the manufactured home is factory equipped with a tie down system
designed by a registered architect or engineer, then the owner is to use the
manufacturer's set of instructions as the standard of proper tie -down procedures. If
no such set of instructions is available or if the system has not been designed by a
licensed architect or engineer, then the Administrative Official is to enforce standards
listed in the "State of North Carolina Regulations for for Manufactured Homes" booklet
published by the North Carolina Department of Insurance.
Section 3.14 Storage Buildings
Each manufactured home lot may be equipped with a storage building not to exceed
ten feet by ten feet (10' x 10') provided that all such buildings are located adjacent
to the rear lot line.
Section 3.15 Storage of Possessions
Storage of possessions and equipment in the area beneath a mobile home shall be
prohibited.
ARTICLE IV
RESPONSIBILITIES AND DUTIES OF PARK OPERATORS
Section 4.1 Manufactured Home Park Maintenance"
Manufactured home park operators shall be required to provide adequate supervision
to maintain the park in compliance with the requirements of this Ordinance. Further,
the manufactured home park operators shall keep all park owned facilities, improvements,
equipment and all common areas in good repair and maintained in such a manner as to
prevent the accumulation or storage of materials which would constitute a fire hazard
or would cause insect or rodent breeding and harborage.
Section 4.2 Placement and Anchoring
Operators shall be required to supervise the placement of all manufactured homes
to guarantee that they are properly anchored and attached to utilities.
Section 4.3 Assist County Tax Supervisor
Operators shall be required to comply with N.C. Gen. Stat. § 105- 316(a) (1) which
requires that as of January 1 of each year each operator of a park renting lots for six
(6) or more manufactured homes furnish to the county tax supervisor the name of the
owner of and a description of each manufactured home located in the park.
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Section 4.4 Solid Waste Disposal
The park operator will operate or provide for the operation of a solid waste
disposal system, including providing park tenants with appropriate containers. The
solid waste disposal system shall be approved by the Harnett County Health Department.
Section 4.5 Manufactured Home Lot Numbering
The park operator shall be required to provide numbers and to supervise the
placement of numbers to clearly identify from the street each manufactured home or
manufactured home lot.
ARTICLE V
PROCEDURE FOR SECURING APPROVAL OF MANUFACTURED HOME PARKS
Section 5.1 Approval Required
No person shall construct or engage in the construction of any manufactured home
park or make any addition or alteration to a manufactured home park that either alters
the number of lots for manufactured homes within the park or affects the facilities
required therein until initial permit has been issued by the Administrative Official.
Section 5.2 Manufactured Home Park Initial Permit Application Procedure
A. Prior to the construction of a manufactured home park or the expansion of
an existing manufactured home park, the developer shall made application
to the Administrative Official for a permit to construct or expand such a
park. The application shall be accompanied by five (5) copies of the
proposed park plan. Such application must be received at least seven (7)
days prior to a regularly scheduled meeting of the Harnett County Planning
Board, if the application and proposed park plan is to be reviewed by the
Planning Board at that time.
B. The Park plan shall be drawn at a scale of fifty (50) feet to one (1) inch
or larger and shall include the following:
(1) The name of the park, the names and addresses of owner or owners, and
the designer or surveyor.
(2) Date, scale, and approximate North arrow.
(3) Boundaries of the tract shown with bearings and distances.
(4) Site plan showing streets, traffic circulation, driveways, recreation
areas, parking spaces, service buildings, water courses, easements,
manufactured home lots, lot numbers, all structures to be located on
the park site, and total acreage of the park.
(5) Vicinity map showing the location of the park and the surrounding land
usage.
(6) Names of adjoining property owners.
(7) The existing and proposed utility system for surface water drainage,
street lights, water supply, and solid waste and sewage disposal
facilities.
(8) Certification of approval of water supply system plans by (a) the
Harnett County Health Department for a system with between two and
nine connection, or (b) the Sanitary Engineering Section, Division of
Health Services, North Carolina Department of Human Resources for a
system with ten or more connections.
(9) Certification of approval of sewerage collection systems by (a) the
North Carolina Department of Natural and Economic Resources, Division
of Environmental Management, for a system with surface discharge, or
for non - domestic liquid waste, or (b) the Harnett County Health
Department for systems with subsurface disposal systems.
(10) Certification of approval of solid waste storage, collection, and
disposal plans by the Harnett County Health Department.
682
(11) Land contours with vertical intervals -of not less than two''(-2) feet
for all manufactured home parks with twenty -five (25) mobile home
spaces or more
(12) Certification of lot approval, by Soil'and Water conservation Dist rict.
Section 5.3 Review of the Proposed Manufactured Home Park Plan
The Administrative Official shall transmit the proposed park plan to the Secretary
of the Harnett County Planning Board for review at its next meeting.
A. The Planning Board shall review the proposed manufactured home park plan
to determine if it is in accordance with the requirements set forth in this
Ordinance.
B. If the Planning Board should disapprove the proposed park plan, the reasons
for such action and the recommended changes shall be'given to the developer
or his agent.
C After the Planning Board has approved the proposed park plan, one approved
copy shall be sent to the Administrative Official and one approved copy
shall be given to, the developer or his agent..
Section 5.4 Issuance of Initial Permi
and Business
License
A. After receiving approval of the proposed manufactured home park plan, the
Administrative Official is authorized to issue an initial permit. The
intent of this permit is to enable the construction of the park according to
the proposed plan, but shall not be construed to entitle the applicant to
offer spaces for rent or lease, 'or to Operate 'a mobile home park.
B. Pf construction of the manufactured home park has 'not begun'within twelve
(12) months from the issued date of the initial permit, the Planning Board
may grant an extension of the permit. when the applicant shows reasonable
cause for the delay.
C When the developer has completed the construction of the manufactured home
park he shall apply to the Administrative Official who shall make an on-
site inspection of the park.
(1) If the park conforms to the plan approved by the Planning Board and
other agencies, the Administrative Official shall issue the developer
a business license.
(2) If the park does not conform with the approved plan, the Administrative
Official shall delay issuance of the business license until it comes
into conformity.
D. The business license issued to the applicant shall constitute the authority
to operate the manufactured home park. The business license shall expire .
after a two year period and must be renewed to be valid.
E. When a manufactured home park is to be developed in stages, the proposed
plan may be submitted for the entire development, and application for a
business license may be made for each stage completed.
F Upon determination that an existing sanitary sewerage system has a valid
operation permit or a valid certificate of completion and is operating
properly in a manufactured home park, the Harnett County Health Department
shall issue authorization in writing for a manufactured home to be connected
to the existing system and to be occupied.
Notwithstanding the above requirement, an improvement permit is not required
for the connection of a manufactured home to an existing system with a valid
operation permit or a valid certificate of completion in a manufactured
home park.' [N.C.'Gen. Stat. § 130A -337 (c)]
G Violation of any of the Ordinance requirements constitutes grounds for
refusing to issue a license or renew a license or to revoke an issued
license. Operating a manufactured home park without a valid license is a
misdemeanor punishable under the terms of this Ordinance.
H Manufactured home parks existing prior to the adoption of this Ordinance
shall be required to obtain a conditional business license within a reasonable
time after the adoption of this Ordinance. The conditional business license
shall be issued by the Administrative Official when the existing manufactured
home park complies with the standards contained in Section 3.10 - Utilities,
Section 3.15 - Storage of Possessions, and Article IV - Responsibilities
of Park Operators.
ARTICLE VI
ADMINISTRATION
Section 6.1 Administration
The Harnett County Building Inspector shall be the Administrative Official.
The Administrative Official shall administer and enforce this Ordinance. He may
be provided with assistance of such other persons as the Board of Commissioners may
direct.
Section 6.2 Enforcement
If the Administrative Official shall find that any of the provisions of this
Ordinance are being violated, he shall notify in writing the person responsible for
the violation, specifying the nature of the violation and what corrective measures
must be taken. The Administrative Official shall order discontinuance of illegal use
of land, buildings, or structures; removal of illegal buildings or structures or of
additions, alterations, or structural changes thereto; discontinuance of any illegal
work being done; or shall take any other action authorized by law to insure compliance
with or to prevent violation of the provisions of this Ordinance.
Section 6.3 Fees
The Harnett County Board of Commissioners shall set a fee, payable to the
Adminstrative Official, to cover the necessary processing cost of all mobile home
permits and licenses. The set fee shall be posted in the Administrative Official's
office.
Section 6.4 Penalties
Any person failing to take corrective action within a reasonable time after
receiving written notice from the Administrative Official; and any person operating ',
a manufactured home park without a valid business license shall be guilty of a
misdemeanor and may be punished by a fine not to exceed fifty dollars ($50) or
imprisonment not to exceed thirty days. Each day such violation shall be permitted
to exist shall constitute a separate offense.
Section 6.5 Right of Appeal
If any initial permit or business license is denied or revoked, the applicant
may appeal the action of the Administrative Official to the Board of Adjustment.
Beyond the decision of the Board of Adjustment, recourse shall be to the courts as
provided by law.
Chairman Alphin recognized the group present for comments. Glen Johnson, a repre-
sentative from the Johnsonville community, and Mr. Frank Myatt addressed the Board
concerning their views on the proposed ordinance. Following a discussion, Commis-
sioner Shaw made a motion that the proposed Manufactured Home Park Ordinance of
Harnett County as set out above be adopted with the following revisions:
1. Section 3.2 Minimum Lot Size - -The minimum manufactured home lot area shall be
6,000 if both water and sewer is provided. Where either a public sewer or a public
water system is provided, then the minimum lot size shall be 10,000 square feet.
Where public sewer and water is not supplied, then the minimum lot area shall be
20,000 square feet.
2. The set back shall be 15 feet rather than 20 feet as proposed.
Commissioner Collins seconded the motion and Chairman Alphin called for a vote.
Commissioner Stewart stated that he was in favor of adopting the manufactured home
park ordinance with the minimum lot sizes as originally proposed. Commissioner
Brock then recognized John Phelps for legal counsel. Attorney Phelps stated that
if the Ordinance was not adopted with a unanimous vote on the first reading, it
would have to come back to the Board for a second reading at the next meeting.
Commissioner Stewart stated that he would vote for the ordinance with the amend-
ments as stated in Mr. Shaw's motion in order for the Ordinance to be passed tonight
Chairman Alphin called for a vote on Mr. Shaw's motion and the Manufactured Home
Park Ordinance was adopted upon a unanimous vote.
684
ORDINANCE RE:
UNIVISION
Commissioner Collins made a motion that the Manufactured Home Park Ordinance become
effective upon its adoption tonight, Commissioner Brock seconded the motion and it
carried with a unanimous vote.
Attorney Phelps explained that Section 6.3 of the Ordinance requires that the Com-
missioners set a fee payable to the administrative official to cover the necessary
processing costs of all mobile home permits and licenses. Commissioners Collins
made a motion that the fee be set at $30 and a committee consisting of Commissioner
Shaw, Dallas Pope, M. H. Brock, Ervin Dobson, and Henry Thompson be appointed to
study this matter and the Committee has the authority to change the fee based upon
their findings; Commissioner Stewart seconded the motion and it carried with a
unanimous vote.
John Cockran., representative with Univision Cable Systems, Inc., and his attorney,
Jones, presented to the Commissioners for their consideration an ordinance
authorizing assignment of cable television franchise from Univision Cable Systems,
Inc., to Univision Associates, I, a North Carolina General Partnership. Following
a discussion, Commissioner Shaw made a motion that the following ordinance be
adopted upon a first reading; Commissioner Collins seconded the motion and it
carried with a unanimous vote:
AN ORDINANCE AUTHORIZING ASSIGNMENT OF CABLE
TELEVISION FRANCHISE FROM UNIVISION CABLE SYSTEMS, INC.
TO UNIVISION ASSOCIATES, I, A NORTH CAROLINA
GENERAL PARTNERSHIP
WHEREAS, the Board of Commissioners of Harnett County, North Carolina adopted
on November 1, 1982, as ordinance entitled "AN ORDINANCE GRANTING A CABLE TELEVI
VISION FRANCHISE TO UNIVISION CABLE SYSTEMS, INC. ", which ordinance granted a CATV
cable television franchise to Univision Cable Systmes, Inc. in the unicorporated
areas of Harnett County as amended by Ordinance adopted May 16, 1983; and
WHEREAS, Univision Cable Systems, Inc. financed the construction of its cable
plant and facility through Univision Associates I, a North Carolina limited partner
ship; and
WHEREAS, Univision Associates I has now become a North Carolina general part-
nership with High Steel Structures, Inc., a wholly owned subsidiary of High Indus-
tries, Inc., holding a 99% interest as one partner and Univision Cable Systems,
Inc. holding a 1% interest as the other partner and has now assumed all management
responsibilities; and
WHEREAS, Univision Cable Systems, Inc. has, subject to the approval of the
Board of Commissioners of Harnett County, assigned to Univision Associates I the
franchise heretofore granted it as above described.
NOW, THEREFORE, be it resolved that the Board of Commissioners of Harnett
County does hereby give its consent and approval to the transfer and assignment of
such franchise from and by Univision Cable Systems, Inc. to Univision Associates I,
but subject to all of the obligations and all of the terms and conditions of the
franchise granted to Univision Cable Systems, Inc., as amended.
First passed this 20th day of January, 1986
s /Jesse Alphin
Chairman, Board of Commissioners
E. Marshall Woodall, Attorney, presented for the Board's_ consideration a resolution
concerning the Buies Creek -Coats Wastewater District regarding the settlement of
the Dixon Condemnation. Following a discussion, Commissioner Stewart made a motion
that the following resolution be adopted; Commissioner Collins seconded the motion
and it carried with a unanimous vote:
BUIES CREEK -COATS WATER AND SEWER DISTRICT OF HARNETT COUNTY
RESOLUTION
THAT WHEREAS, the Harnett County Board of Commissioners is the
governing body of the Buies Creek -Coats Water and Sewer District of
Harnett County, hereinafter called "District "; and
WHEREAS, the District did heretofore commence a condemnation
suit against Robert Harold Dixon and wife, Dana P. Dixon, hereinafter
called "Dixons ", for an easement right of way across certain of their
lands which are partly located in the Town of Coats, Grove Township,
Harnett County, North Carolina (said suit bearing Court No.
83 CvS 638); and
WHEREAS, at the time of commencement of said condemnation suit,
the District deposited $1,014.28 as estimated just compensation; and
WHEREAS, the Dixons answered said action and asked the Court to
determine the damage caused by said taking and the Court did appoint
on the 15th day of February, 1984 certain Commissioners to appraise
the damage to said lands by reason of the taking by the District and
that subsequent thereto the Commissioners made a report of their
appraisal to the Court appraising the damage to be $9,000.00 to which
report the Dixons excepted and requested a trial by jury as to the
issue of damages; and
WHEREAS, the matter was scheduled for trial at the January 13,
1986 session of Civil Superior Court of Harnett County, North
Carolina, at which time the Dixons agreed to accept an award of
damages for the taking in the amount of $9,000.00 together with
certain obligations and assurances to be made by the District to them
as hereinafter more fully set forth; and
WHEREAS, the Harnett County Board of Commissioners did authorize
M. H. Brock, Harnett County Manager to accept said offer of settlement
by the Dixons as above set forth and by this action does desire to
acknowledge said authorization and further to officially approve an
acceptance of said settlement arrangement; and
WHEREAS, E. Marshall Woodall, attorney for District, and the
County Manager signed a consent judgment settling said action as
aforesaid stated and the cash award has been paid.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
First: That the settlement offer from the Dixons in the amount
of a cash award of $9,000.00 together with certain obligations and
assurances as set forth following, be and the same is hereby accepted.
Second: That the actions of Attorney for the District and the
County Manager in signing and executing a Consent Judgment be and the
same is hereby approved.
Third: That the action of the Harnett County Auditor in paying
to the Dixons such an additional sum of money when added to the
deposit heretofore made to the Court would equal a total of $9,000.00,
be and the same is hereby approved.
Fourth: That the District be and it is hereby obligated as to
the following obligations and assurances (which were made a part of
the consent judgment), to wit:
(a) That prior to the entry by District and its agents upon
the lands taken by District, as authorized by said consent judgment
and order, the District shall notify the Dixons or either of them of
the District's need and intention to go upon said lands.
(b) The District and its agents shall assist, to the extent
possible, by giving information to the Dixons for the commencement of
a claim of damages caused to the Dixons by alleged negligent acts of
the construction company and its employees during construction and
installation of the sewer line within the easement areas described
herein by failing to take proper care of the Dixons' fencing to
enclose the Dixons' cows maintained within said fencing.
(c) The District agrees to examine the pipeline which has
been installed within the easement right of way herein taken,
determine whether or not said pipeline is leaking and if leaking, to,
as soon as possible, cause the same to be repaired to stop said leak;
the District further agrees to notify the Dixons of the time when said
examination will be conducted and will allow the Dixons to be present
during said examination.
(d) That if in the event the Dixons desire to develop their
property and thereby construct a street(s) across said pipeline(s)
heretofore installed within the right(s) of way taken, the District
shall cooperate with the Dixons in giving advice for construction of
said street so as to protect the District's pipeline(s), assist in
supervision, when needed, such construction work, cause manhole(s)
which would be located within said street(s) travel areas to be
adjusted so that the manhole top elevation is level to street finish
grade at District's cost and further if in the event the cost of
constructing said street(s) is increased by reason of actions
necessary to be taken to protect District's pipeline(s) from damage
District will sustain said increased cost which shall be mutually
determined by the parties hereto and if the parties are unable to so
agree, then the parties' engineers shall arbitrate the amount of such
increased cost.
686
Fifth: That the Harnett County officials be and they are
hereby authorized to do and perform all matters and things necessary
to carry out the intent of this resolution.
Buies Creek -Coats Water and Sewer District
By:
Attest:
Jesse Alphin, Chairman
Harnett County Board of Commissioners
Vanessa W. Young, Clerk
Harnett County Board of Commissioners
E. Marshall Woodall, Attorney, presented for the Board's
consideration a contract between Northeast Metropolitan Water
District and the Town of Coats in reference to the extension of the
Metro water lines and the passage of water through the Town's System.
Following a discussion, Commissioner Collins made a motion that the
following contract be adopted; Commissioner Shaw seconded the motion
and the contract was adopted upon a unanimous vote.
NORTH CAROLINA
CONTRACT
HARNETT COUNTY
This contract made and entered into this day of January,
1986 by and between Northeast Metropolitan Water District of Harnett
County, hereinafter called "Metro "; the Town of Coats, hereinafter
called "Town" and the County of Harnett, hereinafter called "County ";
WITNESSETH:
THAT WHEREAS, Metro desires to extend waterlines into those
areas East of the Town of Coats and West of the village of Buies
Creek for the purpose of serving persons in need of water services;
and
WHEREAS, Metro has leased its system to the County for the
purpose of operating the same and has further assigned contracts
with the Town and other municipalities within the Metro Water
District to the County, wherein said contracts the Town and other
municipalities have guaranteed the purchase of certain quantities of
water on a monthly basis (hereinafter called "Water Guarantee
Contracts "); and
WHEREAS, County as Lessee of Metro's Water Plant and system
furnishes water to Town; and
WHEREAS, Metro is currently involved in a project of extending
its waterline system into other areas of the County and now has the
opportunity to extend waterlines into the aforementioned areas and
has requested the Town to allow Metro to connect to the Town's water
system and pass water through the Town's system and in addition
thereto use elevated tanks (two owned by Town and one owned by Metro)
for the purpose of pressure in serving the area aforementioned; and
WHEREAS, Metro has offered to construct and install a six inch
waterline, connecting the same to the Town's water system and
extending the same within the extraterritorial planning area of the
Town to a point at or near the boundary line of said extraterritorial
planning area (exact location to be near Thornton's Creek) and at tha
point to install a meter to measure the amount of water passing
through the Town's system into the waterline to be constructed West
thereof and within the aforementioned area to be served and to convey
said waterline constructed within Town and said extraterritorial area
to Town; and Metro has further offered to share the costs of
maintenance and repair of the existing waterline within the Town's
water system (line that will serve as transfer line) and the
waterline to be installed within the Town's extraterritorial area;
and
1
687
WHEREAS, the Town has accepted the offer of Metro based upon the
terms and conditions herein set forth.
NOW, THEREFORE, the parties hereto agree as follows:
First: The Town agrees that Metro may transfer water through
Town's waterline system for the purpose of serving areas located West
of the extraterritorial planning area of the Town; said areas to be
served are further described as being along Secondary Road No. 1006,
Secondary Road No. 2003, Secondary Road No. 2004 and N.C. Highway No.
27 and generally lies East of the village of Buies Creek.
The parties recognize that by connecting to the Town's waterline
system an extension of waterlines into said areas, Metro will be able
to use its existing elevated water tank South of Town and also the
Town's two (2) elevated water tanks for purpose of furnishing pressure
for users in said areas (the parties acknowledge considerable savings
in being able to pass water through existing lines rather than
installing new lines which will only traverse those existing within
the Town).
Second: Metro shall install a new six inch waterline commencing
at a connection to the Town's waterline system on Washington Street
near the Town limit line and extending in a westerly direction along
Washington Street (Secondary Road No. 2004) to a point at or near the
western boundary line of the extraterritorial planning area of the
Town (the exact location to be near Thornton's Creek; at which point
Metro shall install a water meter for the purpose of measuring the
amount of water that passes through the Town's system into
waterline(s) to be installed in the areas immediately West of said
meter and Metro shall from the point of said meter extend waterlines
in a westerly direction along Secondary Road No. 1006, Secondary Road
No. 2003, Secondary Road No. 2004, N. C. Highway No. 27 and such other
directions as Metro shall desire all for the purpose of furnishing the
people of said areas with water services.
Third: That Metro shall sustain the entire costs of installation
of the lines and the meter as all are herein contemplated except Town
shall pay to Metro the sum of Five Thousand Dollars ($5,000.00). (It
is anticipated that Town may transfer $5,000.00 of its allocation of
State Water Grant funds under Chapter 480 of the 1985 Session Laws
(Senate Bill 2) to Metro and /or County to fulfill its said
obligation.)
Fourth: That Metro does by these presents agree to convey the
title to such pipeline to be installed within the Town and the Town's
extraterritorial area (all lines lying East of a meter to be installed
and extending to the connection with Town's waterline system) to Town
and Metro, by these presents, does hereby transfer and convey to Town
the waterline to be installed as mentioned aforesaid and further Metro
agrees to sign such other and further documents as may be necessary to
further document the transfer of ownership of said line; provided in
all events the Town shall allow at all times a flow of water to pass
through its system presently existing and through the lines to be
built as mentioned aforesaid (within Town's extraterritorial area) for
the purpose of serving or allowing to be served the areas mentioned
aforesaid.
Fifth: Metro and the Town agrees to equally bear the costs of
maintenance and repair (labor and materials) to the meter to be
installed at or near Thornton's Creek and to the lines located in the
following areas, to wit:
1. The twelve inch water main presently existing, which main
begins at the Town's master meter (which meter measures the water
consumption to the Town of Coats system from Metro and which is
located near the right of way of N.C. Highway No. 55 South of the Town
of Coats) and extends through the Town of Coats to the Town's water
tank on Carrie Street in the northwestern area of the Town; and
2. The existing Town water main(s) which serve as a part of the
transfer line herein anticipated being a loop waterline or main,
connecting to the 12" main mentioned in paragraph 1 above and
extending West on Main Street to Patterson Street, then South to
Washington Street; also connecting to said 12" main and extending
West on Jackson Street to Patterson Street, then North to Washington
Street to point above mentioned and then extending West to the point
of connection for said, new extension herein contemplated.
3. The waterline extension to be made by Metro hereunder
commencing at a connection point with the Town's waterline system as
mentioned aforesaid and extending westerly to the meter to be
installed as mentioned aforesaid.
Sixth: There shall be no charge for the transmission of water
through the Town's system to the area mentioned aforesaid unless one
of the following events shall take place within a period of seven
years from the date hereof, to wit:
1. If any water guarantee contract now existing between Metro
and /or the County and a municipality within Metro's district is
modified by the said parties.
2. If Metro and /or the County enters into an agreement with
any municipality within Metro's district in which Metro and /or
County shall pay a fee or charge for water passing through such
municipal water system for the purpose of serving people outside of
said municipal area (unless otherwise agreed to by Town).
If either of the aforesaid events shall happen within a period
of seven (7) years from the date hereof, it is agreed that Metro
and /or the County shall pay to the Town a fee or charge for the
transmission of water at a rate to be mutually agreed upon between
the parties based upon evidence of demonstration cost (lines and
elevated tanks used); if parties are unable to mutually agree, the
parties agree to arbitrate.
Seventh: The parties agree that the meter to be installed near
Thornton's Creek as hereinabove mentioned shall be of such size and
type to adequately measure the quantity of water which shall pass
through said lines and meter as the same is usually understood by
utility enterprises (parties agree to cooperate each with the other
in discussing and choosing said meter); said meter shall be
installed in the manner acceptable to the trade and it is
contemplated that it will be located within the right of way of
Secondary Road No. 2004; the parties agree that said meter shall be
at such times as the parties shall mutually agree and at
least with such regularity as is customary in the trade; when
inaccuracies of the meter are discovered, the parties agree to
mutually correct previous billings to the Town (charges for Town's
consumption of water) to properly reflect such inaccuracies, and if
the parties are unable to mutually agree, then to arbitrate the
differences and to thereafter formulate rules to govern actions to
be taken when inaccuracies are discovered; all parties hereto are to
have full access to said meter and the history of readings which
shall be recorded on a systematic basis as agreed upon by the
parties; the quantity of water passing through said meter as
measured will be credited (subtracted) against the Town's
consumption measured at the Town's master meter (District's meter
located South of Town) on a monthly basis and Town shall be charged
only for its consumption so determined;
Eighth: Town shall, from and after completion of line
installation, treat the line to be installed east of the meter at or
near Thornton's Creek, as any other line owned by the Town and shall
make and install such user connections and water main connections as
Town may desire, the costs of said connections to be sustained by
Town.
Ninth: This agreement shall exist and continue as a continuing
contract so long as Metro shall have need to transfer water through
Town's water system to serve users in the areas mentioned; provided
that in all events said contract will exist and continue so long as
permitted by the laws of North Carolina.
Tenth: The parties hereto acknowledge that funding for the
extension of lines herein contemplated by Metro is to be provided
partially from funds available to Metro in its current project under
construction and partially through anticipated State Grant funds
provided under Chapter 480 of the 1985 Session Laws of North
Carolina; in the event that said sources of funds are not available
or the State Grant is not approved, Metro and the County shall not
be obligated to proceed with the contemplated extensions hereunder
and this contract shall become null and void.
Eleventh: The County as assignee of the aforementioned water
guarantee contracts and as lessee of the Metropolitan water system
and further as the operating agency of said water system does hereby
entered into this agreement to join with Metro in obligating itself
to the provisions hereof.
1
V
Twelfth: The rights and obligations under this Agreement may be
assigned by District to County without obtaining further consent by
Town.
Thirteenth: This Agreement is executed in triplicate
originals, one of which is retained by each party hereto.
IN WITNESS WHEREOF, the contracting parties have caused this
document to be executed by the respective officers of said contracting
parties all as directed by their respective governing boards.
By:
Attest:
Northeast Metropolitan Water
District of Harnett County
Vanessa W. Young, Secretary
By:
Attest:
Charles V. Sikes, Chairman
Town of Coats
Elaine Keene, Clerk
By:
Timothy McKinnie, Mayor
County of Harnett
Jesse Alphin, Chairman
Harnett County Board of
Commissioners
Attest:
Vanessa W. Young, Clerk
Harnett County Board of Commissioners
€80
NORTH CAROLINA
HARNETT COUNTY
Personally appeared before me, the undersigned Notary Public,
Vanessa W. Young, who, being by me duly sworn, says that she knows
the common seal of Harnett County, North Carolina, and is acquainted
with Jesse Alphin who is the Chairman of the Board of Commissioners
of Harnett County, and that she, the said Vanessa W. Young, is the
Clerk to the Board of Commissioners of Harnett County, and saw the
said Jesse Alphin sign the foregoing Contract in the name of the
County of Harnett and that she, the said Vanessa W. Young, Clerk as
aforesaid, affixed said seal of Harnett County hereto and signed her
name in attestation of said Contract in the presence of the said
Jesse Alphin, Chairman of the Board of Commissioners of Harnett
County, North Carolina, all as authorized by the governing body of
the County of Harnett.
Witness my hand and notarial seal, this the day of
January, 1986.
My Commission Expires:
NORTH CAROLINA
HARNETT COUNTY
Notary Public
Personally appeared before me, the undersigned Notary Public,
Vanessa W. Young, who, being by me duly sworn, says that she knows
the common seal of the Northeast Metropolitan Water District of
Harnett County, and is acquainted with Charles V. Sikes who is the
Chairman of the governing Board of Northeast Metropolitan Water
District of Harnett County, and that she, the said Vanessa W. Young,
is the Clerk to said Board and saw the said Charles V. Sikes sign
the foregoing Contract in the name of Northeast Metropolitan Water
District of Harnett County and that she, the said Vanessa W. Young,
Clerk as aforesaid, affixed said seal of said District hereto and
signed her name in attestation of said Contract in the presence of
the said Charles V. Sikes, Chairman of said Board, all as authorized
by the governing body of said District.
Witness my hand and notarial seal, this the day of
January, 1986.
My Commission Expires:
NORTH CAROLINA
HARNETT COUNTY
Notary Public
Personally appeared before me, the undersigned Notary Public,
Elaine Keene, who, being by me duly sworn, says that she knows the
common seal of the Town of Coats, and is acquainted with Timothy
McKinnie, who is the Mayor of said Town, and that she is the Clerk
to the Board of Commissioners of said Town, and saw the said Timothy
McKinnie sign the foregoing Contract in the name of said Town and
that she, as Clerk as aforesaid, affixed said Town seal and signed
her name in attestation of said Contract in the presence of the said
Mayor all as authorized by the governing body of said Town.
Witness my hand and notarial seal, this the day of
January, 1986.
Notary Public
My Commission Expires:
691
Attorney John Phelps presented for the Board's consideration a resolution requesting
state funds pursuant to the appropriations under Chapter 480 of the 1985 session laws
of the General Assembly of North Carolina for Harnett County's project known as the
extension of the Northeast Metropolitan Water District down Old Wire Road and west of
Lillington. Following a discussion, Commissioner Collins made a motion that the
following resolution be approved; Commissioner Stewart seconded the motion and it
carried with a unanimous vote:
RESOLUTION REQUESTING STATE FUNDS PURSUANT
TO THE APPROPRIATIONS UNDER CHAPTER 480 OF THE
1985 SESSION LAWS OF THE GENERAL ASSEMBLY OF NORTH CAROLINA
W I T N E 5 S E T H:
The Harnett County Board of Commissioners, (hereinafter "Board ") desires to pro-
vide potable water to the citizens of the County to promote public health and welfare.
In an effort to provide such water to the citizens of the County, the Board has here-
tofore, by resolution of August 19, 1985, requested funds from the State of North
Carolina to build and construct additions to the current system of the County's North-
east Metropolitan Water District.
The State funds are made available under Chapter 480 of the 1985 Session Laws
(Senate Bill 2) of the General Assembly and are intended to continue the State assis-
tnace previously provided to local governments under the Clean Water Bond program.
The funds are to support up to fifty percent of the nonfederal cost for water and
sewer construction projects of city and county governments.
The appropriations under Chapter 480 are for each year of the 1985 -87 biennium,
and Harnett County was informed that its allocation for Water Facilities is $152,867
for 1985 -86 and $152,867 for 1986 -87, totaling $305,734 for both years.
The Board, pursuant to Sections 5.12(e), (f) and (g) of Chapter 480, (providing
that a county may, by resolution, transfer some or all of its allocations to a
government unit authorized to provide water and sewer services and serving customers
in the county), requested transfer of the County's entire allocations for 1985 -86
and 1986 -87 to the North east Metropolitan Water District of Harnett County for a
project known as Inclusion Area - Old Wire Road, Inclusion Area - west of Lillington
and West Lillington Expansion.
The District Board of the Northeast Metropolitan Water District of Harnett
County by resolution of August 19, 1985, certified to the Baord that it would be able',
to fund the local cost share of the project, and prior to that time recommended the
project to the Board.
The Nroth Carolina Office of State Budget and Management acknowledged receipt of
the County's request and issued the appropriate certificates of encumbrance.
As recited above, the Board requested the State funds by resolution of August 19',
1985. The resolution set forth a description of the project (including need, purpose'',
and population to be served), an estimated project cost, the funding source and a
certification that a local unit will be able to fund the local cost share.
The project scope described in the original resolution was based on anticipated
costs. However, as a result of the competiitve bidding process and other positive
factors, actual contract prices were lower than the anticipated costs for the project
scope. The costs of the original project scope now under contract is $759,400. The
source of funds is as follows:
General Obligation Bonds
financed through FmHA
Local Share
State Grant
$500,000
31,000
228,400
$759,400
Therefore, only $228,400 of the $305,734 available State grants funds have been
allocated to the Inclusion Area - Old Wire Road, Inclusion Area - West of Lillington
and West Lillington Expansion project, and $77,334 of the funds remain unallocated.
The Northeast Metropolitan Water District of Harnett County now plans to expand
the scope of the Inclusion Area - Old Wire Road, Inclusion Area - West of Lillington
and West Lillington Expansion project by laying and constructing additional water
lines.
The Board in furtherance of its desire to provide potable water to the citizens
of Harnett County, now wishes to apply for its remaining allocations under Chapter
480 and to request that said remaining funds be transferred to the Northeast Metro-
politan Water District of Harnett County for the purpose of increasing the scope of
the Inclusion Area - Old Wire Road, Inclusion Area - West of Lillington and West
Lillington Expansion project.
NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS
THAT:
1 Harnett County does hereby make application of the State of North Carolina
for.the remaining; funds allocated to it under Chapter .480 (for the 1985 -87 biennium)
and for said funds to be suballocated to the Northeast Metropolitan Water District
of Harnett County for the purpose of increasing the scope of the project all as
described hereinabove.
2. Harnett County and its duly designated officers, agents and representatives
are hereby empowered and authorized to do all acts and things necessary to implement
the provisions of this Resolution.
Duly adopted this the ' day' of January, 1986,
Attorney John Phelps presented to the Board for consideration an Ordinance amending
an ordinance to implement the Harnett County Lands Records Modernization Program.
Following its presentation and discussion, Commissioner Shaw made a motion that the
following Ordinance, be adopted; Commissioner Stewart seconded the motion and it
carried with, a' unanimous vote.
ORDINANCE AMENDING AN ORDINANCE TO
IMPLEMENT THE HARNETT COUNTY LAND RECORDS
MODERNIZATION PROGRAM
WHEREAS, the Harnett County. Board of Commissioners at its meeting on December,
2, 1985 adopted an ordinance entitled "An Ordinance to Implement the Harnett County
Land Records Modernization Program," and,
WHEREAS, since the effective date of the Ordinance, requests have been made
to the appropriate County officials regarding amending certain portions thereof; and
WHEREAS, the Harnett County Board of Commissioners
ordinance as hereinafter set forth;
THAT::
now desires to amend said
NOW, THEREFORE, BE IT ORDAINED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS
1. The first paragraph of Section 3 of the above described Ordinance be de
leted in its entirety.
2. The following paragraphs be substituted in lieu of the first paragraph of
Section 3:
The Register of Deeds shall not accept for registration any document (as
hereinbelow defined), map or plat unless the parcel idnetifier numbers of all
parcels affected have been assigned and are recorded on the face of the in-
strument.
Document as used -in this Section shall refer to any instrument or judgment:
{)conveying a freehold estate in real property, except Deeds of Trust
or mortages;
(b) conveying mineral rights in real property; or
(c)i altering in any manner the legal description of real property.
However, until the Lnad Records Office becomes operational, as described in
Section 4 below, the words "of all parcels affected" shall mean the following:
1. In a division of a tract or tracts the parcel number(s) of the tract(s)
being divided shall be given. A subdivision map shall be handled in the same
manner.
2. When two or more properties are combined, the parcel numbers of the sep-
arate tracts prior to being combined shall be given or if part of two or more pro-
perties are combined, the parcel numbers of, the tracts from which the parts were
taken prior to being combined shall be given.
3. Property transfers not involving a division or combination of lands, shall
have indicated on the face of the instrument the parcel number(s) of the tract(s)
being transferred. A deed of correction or a corrected plat shall be handled in
the same manner.
3. That said Amendments shall be effective from and after the 20th day of'January
1986.
HARNETT COUNTY BOARD OF COMMISSIONERS
s /Jesse Alphin
Chairman
Attorney John Phelps presented to the Board for their review and consideration the
following proposed Military Property Sales Facilities Licensing Ordinance:
MILITARY PROPERTY SALES FACILITY LICENSING
ORDINANCE OF HARNETT COUNTY, NORTH CAROLINA
W I T N E S S E T H:
During its 1985 Session, the General Assembly of North Carolina passed into
law an act regulating military property sales facilities. The act has been codified
and is now Article 1 of Chapter 1278 of the North Carolina General Statutes.
N.C. Gen. Stat. 127B -3 provides in part the following:
No person, partnership, association or corporation shall engage in the
business of selling military property or purchasing military property for re-
sale without first having obtained a license to do so from the local governing
body of the city, town, or county in which it is located and by paying the
county, State and municipal tax required by law, and otherwise complying with
the requirements made in this and succeeding sections.
Section 127B -4(a) of the Article states that the governing body of a county may
grant to such person, partnership, association or corporation as who shall produce
satisfactory evidence of good character, a license authorizing such person, partner-
ship, association or corporation to carry on the business of a military sales faci-
lity.
The Board of Commissioners of Harnett County, pursuant to the authority granted
to it in N.C. Gen. Stat. 127B -4, now desires to enable persons, partnerships, asso-
ciations, or corporations who produce satisfactory evidence of good character to
carry on the business of a military sales facility and to that end now adopt this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS
that as provided by N.C. Gen. Stat. Chapter 127B,
Article 1:
1. The Military Property Sales Licensing Ordinance of Harnett County, North
Carolina, attached herto as Exhibit A and incorporated herein by reference be and is
hereby adopted.
2. That said Ordinance shall be effective from and after
HARNETT COUNTY BOARD OF COMMISSIONERS
s /Jesse Alphin
Chairman
EXHIBIT A
MILITARY PROPERTY SALES FACILITIES LICENSING
ORDINANCE OF HARNETT COUNTY, NORTH CAROLINA
ARTICLE I
TITLE, PURPOSE, AUTHORITY, JURISDICTION, EFFECTIVE DATE
Section 1.01 Title
This Ordinance shall be known and may be cited as the Military Property Sales
Facilities Licensing Ordinance.
Section 1.02 Purpose
The purpose of this Ordinance is to enable suitable persons, partnerships,
associations or corporations to carry on the business of a military sales facility
in Harnett County.
Section 1.03 Authority
The provisions of this Ordinance are adopted under authority granted by N.C.
Gen. Stat. Chapter 127B, Article 1.
684
Section 1.04 Jurisdiction
This Ordinance shall govern the licensing of military property sales facilities
Section 1.05 Effective Date
This Ordinance shall be effective from and after
ARTICLE II
DEFINITIONS
Section 2.01 Military Property Sales Facility
Any person, partnership, association or corporation who engages in the business
of selling, consigning, purchasing, transferring or in any way acquiring military
property for resale, is a "military property sales facility ". Specifically excluded
are facilities operated by the United States Government, the State of North Carolina
or any of its agencies and persons, partnerships, associations or corporations
selling or purchasing military property pursuant to a contract with the United
States Government, the State of. North Carolina or any of its agencies.
Section 2.02 Military Property
"Military property" means property originally manufactured for the United
States or State of North Carolina which is a type and kind issued for use in, or
furnished and intended for, the military service of the United States or the militia
of the State of North Carolina.
Section 2.03 Administrative Official
The Harnett County Building Inspector shall be the Administrative Official.
The Administrative Official shall administer and enforce this Ordinance. He
shall determine whether a license applicant has produced satisfactory evidence of
good character. He may be provided with assistance of such other persons as the
Board of Commissioners may direct.
ARTICLE III
MILITARY PROPERTY SALES FACILITIES PROHIBITED WITHOUT LICENSE
As provided by N. C. Gen. Stat. 127B -3, no person, partnership, association,or
corporation shall engage in the business of selling military property or purchasing
military property for resale in Harnett County without first having obtained a
license to do so from the Administrative Official and by paying the county, State,
and municipal tax required by law and otherwise complying with the requirements
made in this Ordinance.
ARTICLE IV
LICENSING PROCEDURE
Section 4.01 License Granted
Any person, partnership, association or corporation who shall produce satis-
factory evidence of good character to the Administrative Official and adheres to the
requirements of this Ordinance, shall be granted a license authorizing such person,
partnership, association or corporation to carry on the business of a military pro -
perty sales facility.
Section 4.02 Content of License
The license shall designate the building in which the person, partnership,
association or corporation shall carry on the business, and no person, partnership,
association or corporation shall carry on the business of a military property sales
facility without being duly licensed, nor in any other building than the one desig-
nated in the license.
Section 4.03 Application for License
Any person or the principal officers of any association or corporation or all
the partners of any partnership applying for a license shall furnish the Administra-
tive Official the following information:
(A) Full name, and any other names used by the applicant during the preceding
five years, or in the case of a partnership, association or corporation,
the.applicant shall listany-- partnership; associations or corporate names
used during the preceding five years;
(B) Current address, and all addresses used by the applicant during the pre -
ceding five years;
(C) Physical description;
(D) Age;
(E) Driver's license number, if any, and state of issuance;
(F) Recent color photograph;
(G) Record of felony convictions; and
(H) Record of other convictions during the preceding five years.
Section 4.04 Bond Required
Every person, partnership, association or corporation so licensed to carry on
the business of a military property sales facility shall, at the time of receiving
a license, file with the Administrative Official a bond payable to Harnett County
in the sum of one thousand ($1,000.00) dollars, to be executed by the person
licensed and by two responsible sureties, or a surety company licensed to do busi-
ness in the State of North Carolina, to be approved of by the Administrative
Official. The bond shall be for the faithful performance of the requirements and
obligations pertaining to the business licensed. The Administrative Official
may revoke the license and sue for forfeiture of the bond upon a breach of the
licensee's duties under the bond. Any person who may obtain a judgment against a
military property sales facility and upon which judgment execution is returned
unsatisfied may maintain as action in his own name upon the bond of the military
property sales facility, in any court having jurisdiction of the amount demanded to
satisfy the judgment.
Section 4.05 Cost of License
The Harnett County Board of Commissioners shall set a fee, payable to the
Administrative Official, to cover the necessary processing costs of licenses. The
set fee shall be posted in the Administrative Official's office.
ARTICLE V
RECORDS
As provided in N.C. Gen. STAT. 127B -6 records shall be kept as hereinafter
provided:
(A) Every military property sales facility owner shall keep a book in which
shall be legibly written, at the time of each transaction involving the acquisition
by any means of used or new military property by the military property sales facili -'1
ty owner, his employee or agent, from any person, partnership, association or
corporation, the following information:
(1) An account and description of the used or new military property in-
cluding if applicable, the manufacturer's name, the model, the model
number, the serial number of the property, and any engraved numbers or
initials found on the property. Property lacking any identifying mark
or characteristic shall be marked by the military property sales
facility owner in such a way as to allow clear identification of the
property.
(2) The amount of money paid;
(3) The date of the transaction; and
(4) The name and residence of the person selling, consigning or trans-
ferring the used or new military property.
(B) The military property sales facility owner, or his employee or agent shall
require that the person selling the new or used military property, to present two
forms of positive identification to him before the military property sales facility
personnel may complete any transaction regarding the buying, consigning or acquiring
of new or used military property. The presentation of any one state or federal
government issued identification containing a photographic representation imprinted
on it shall constitute compliance with the idnetification requirements of this
paragraph. The military property sales facility owner or his employee or agent
shall legibly record this identification information next to the person's name and
residence in the book required to be kept. Both the military property sales facili-
ty owner, his employee or agent and the seller, consignor or transferor of the
military property shall sign the record entry.
(C) The book shall be a permanent record to be kept at all times on the pre-
mises of the place of business of the military property sales facility aid shall be
made available, during regular business hours, to any law enforcement officer who
requests to inspect the book. A copy of the records required to be kept by this
section shall be filed within 48 hours of the transaction in the office of the
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Harnett County Sheriff. Mailing the required copy to the Harnett County Sheriff
within 48 hours shall constitute compliance with this section.
ARTICLE VI
POSTING LICENSE
Any license obtained pursuant to this Ordinance shall be posted in a prominent
place, easily visible to the public, on the disignated premises.
ARTICLE VII
PERJURY AND PENALTIES
Section 7.01 Perjury
As provided in N.C. Gen. Stat 127B -5, any person who shall willfully commit
perjury in any application for a licnese pursuant to this Ordinance shall be guilty
of a misdemeanor. -
Section 7.02 Penalties
As provided in N.C. Gen. Stat. 127B -7, any dealer who violates the provisions
of this Ordinance shall be guilty of a misdemeanor and upon conviction shall be
fined not more that five hundred dollars ($500.00) or imprisoned for not more than
six months, or both. In addition, any dealer convicted of violating this Ordinance
shall be ineligible for a dealer's permit for a period of three years from the date
of conviction. Each violation shall constitute a separate and distinct offense.
Commissioner Brock moved for the adoption of the following resolution authorizing
payroll deductions for county employees who participate in the local and state
credit union; Commissioner Collins seconded the motion and it carried with a unani-
mous vote:
HARNETT COUNTY,
NORTH CAROLINA.
RESOLUTION
WHEREAS, some of the employees of Harnett County are now members of the state and
local credit union in other areas; such as, Sanford, Fayetteville, and Raleigh; and
WHEREAS, recnetly a state and local government credit union has been opened in Dunn
and is accessible for a number of employees who desire to become members; and
WHEREAS, it would be necessary for the Board of Commissioners to authorize the Fin-
ance Officer to make payroll deductions for the employees who would participate in
the State and Local Government Credit Union.
NOW, THEREFORE, BE IT RESOLVED BY THE HARENTT COUNTY BOARD OF COMMISSIONERS that the
Finance Officer is hereby authorized to make payroll deductions from the paychecks
of the employees of Harnett County who are members of the State and Local Government
Credit Union.
ATTEST:
s /Vanessa W. Young
Clerk
HARNETT COUNTY BOARD OF COMMISSIONERS
s /Jesse Alphin
Chairman
Commissioner Brock moved for the adoption of the following budget amendments;
Commissioner Stewart seconded the motion and it carried with a unanimous vote:
1. Public Buildings, Code 5000 -054, Insurance and Bonds, increase by $35,000 due
to unexpected increase in liability insurance.
2. Tax Department, Code 4500 -074, Capital Outlay, Increase by $1,000, due to the
purchase of a postage meter for the Tax Department.
3. Tax Department, Code 4500 -045, Contracted Services, Increase by $5,000. This
is a result of action taken by the Board at its meeting of August 19, 1986, whereby
the Board approved a contact with ADPS Marketing for a mass appraisal of motor
vehicles.
4. Emergency Management, Code 5250 -020, Emergency Response Planning, Increase by
$6,278 to reflect revenues received for the fixed Shearon Harris nuclear dis-
aster activities in the amount of $5,000 and for the balance of $1,278 which
was not spent in last year's budget.
Commissioner Stewart made a motion that Mrs,. Louise Davis, Dr. W. Donald Moore, and
Mr. C. Reid Ross, be reappointed to the Harnett County Board of Health for another
three -year term; Commissioner Collins seconded the motion and it carried with a
unanimous vote.
Commissioner Shaw made a motion that Mrs. Evelyn Smith be reappointed to serve on
the Nursing Home Community Advisory Committee for three -year term; Commissioner
Collins seconded the motion and it carried with a unanimous vote.
A copy of the inspections report for the month of December, 1985, was filed with
the Board.
There being no further business, the Harnett County Board of Commissioners meeting
of January 20, 1986, duly adjourned at 9:05 p.m.
I ti. VLZ LQP � 6 .
Clerk