10191987 (2)412
HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, OCTOBER 19, 1987
The Harnett County Board of Commissioners met in regular session on Monday,
October 19, 1987, at the County Office Building, Lillington, North Carolina,
with the following members present: Rudy Collins, Bill Shaw, Mack Reid
Hudson, and Chairman Lloyd G. Stewart presiding. Commissioner Mayo Smith was
absent. Others present were: Dallas H. Pope, County Manager; Glenn Johnson,
County Attorney, and Kay S. Blanchard, Recording Secretary.
Chairman Stewart called the meeting to order at 7:10 p.m.
Commissioner Hudson led the evening prayer.
The minutes from the Board of Commissioners meeting of October 5, 1987 were
approved.
RESOL. RE: LOCAL Glenn Johnson, County Attorney, presented a resolution concerning the Local
OPTION SALES TAX Option Sales Tax. Commissioner Hudson made a motion to approve the
resolution. Commissioner Shaw seconded the motion and it passed with a
unanimous vote. The resolution is copied in full at the end of these minutes
dated October 19, 1987, as document No. 1.
RESOL. RE: COATS
EMERGENCY AMB. $
RESCUE DISTRICT
Glenn Johnson, County Attorney, presented a resolution concerning proposed
Coats emergency ambulance and rescue district. Commissioner Hudson made a
motion to approve the resolution. Commissioner Collins seconded the motion
and it passed with a unanimous vote. The resolution is copied in full at the
end of these minutes dated October 19, 1987, as document No. 2.
GRANT AGREEMENT Dallas H. Pope, County Manager, presented for approval, a grant agreement
LAND RECORDS MAN. between Harnett County and North Carolina Department of Natural Resources and
Community Development involving Land Records Management Program.
Commissioner Shaw made a motion to approve the grant agreement. Commissioner
Collins seconded the motion and it passed with a unanimous vote. The Grant
Agreement is copied in full at the end of these minutes dated October 19,
1987, as document No. 3.
U.S. MARSHAL'S Glenn Johnson, County Attorney, briefed the Board on update concerning
OFFICE AGREEMENT agreement with U. S. Marshal's Office for holding federal prisoners in
Harnett County jail facility and that the Marshal's Service had advised that
they were unable to provide as part of the agreement, the provision which
states "the federal government will indemnify and hold the local government
harmless ". The Board discussed provisions of the agreement and decided not
to pursue the proposed agreement until the Marshal's Service would agree to
the indemnification and representation provision.
TOTAL DATA SYSTEMS Dallas H. Pope, County Manager, presented for approval, an agreement with
MAINTENANCE AGREE. Total Data Systems, Inc. for maintenance of hardware and software. Mr. Pope
explained that currently the County is operating under the original purchase
and maintenance agreement. Commissioner Shaw made a motion to approve the
maintenance agreement. Commissioner Hudson seconded the motion and it passed
with a unanimous vote.
AMEND. TO SUBDIV. Dallas H. Pope, County Manager, presented for consideration an amendment to
REGULATIONS. Subdivision Regulations Ordinance. Commissioner Shaw made a motion to
approve the amendment. Commissioner Hudson seconded the motion and it passed
with a unanimous vote. The Ordinance Amending an Ordinance Entitled "Harnett
County, North Carolina, Subdivision Regulations, April, 1977" is copied in
full at the end of these minutes dated October 19, 1987, as document No. 4.
BUDGET AMENDMENTS Dallas H. Pope, County Manager, requested a budget amendment for Public
Utilities -Water Fund; Code 30- 8100 -054, Insurance & Bonds, decrease of
$2,100. and Code 30- 8100 -074, Capital Outlay - Equipment, increase of $2,100.
The transfer of funds is needed to purchase pick -up truck. Commissioner Shaw
made a motion to approve the budget amendment. Commissioner Collins seconded
the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Youth Services.Commissioner Hudson made a motion to approve the budget
amendment. Commissioner Collins seconded the motion and it passed with a
unanimous vote.
Code 10- 7730 -002
Code 11- 7730 -003
Code 10- 7730 -005
Code 10- 7730 -006
Code 10- 7730 -007
Code 10- 7730 -033
Salaries & Wages $ 9,717
Sal. & Wages,PT 11,070
FICA Tax Expense 96
Group Ins. Expense 1,044
Retirement Expense 614
Materials & Supplies 209
Decrease
Increase
Increase
Decrease
Decrease
Increase
Larry Knott, Operations Officer, Sheriff's Department, requested a budget
amendment for the Jail operation; Code 10 -5120 -035, Laundry & Dry Cleaning,
Increase of $6,000. Mr. Knott explained that this budget line item was
underestimated for the year. Commissioner Collins made a motion to approve
the budget amendment. Commissioner Shaw seconded the motion and it passed
with a unanimous vote.
413
Monthly rcporto wcrc filcd with the Dotard flaw ti.. health Department end
Social Services for the month of September.
LEASE AGREEMENT Dallas H. Pope, County Manager, presented a resolution and lease agreement
BUCKHORN MINI -SITE concerning garbage container site in Buckhorn Township. Commissioner Collins
made a motion to approve the resolution and lease agreement. Commissioner
Hudson seconded the motion and it passed with a unanimous vote. The
resolution and lease agreement is copied in full at the end of these minutes
dated October 19, 1987, as document No. 5.
CTC ADV. COMM. Dallas H. Pope presented for approval, an updated list of members for
Harnett County Advisory Committee for Central Carolina Technical College.
Commissioner Collins made a motion to approve the updated list of members to
be presented to Central Carolina Technical College Board of Directors.
Commissioner Hudson seconded the motion and it passed with a unanimous vote.
The list of members is copied in full at the end of these minutes dated
October 19, 1987, as document No. 6.
SUBDIVISION PLATS Hal Owen, Planner /Developer, briefed the Board on provisions of the Harnett
County Subdivision regulations which involved the procedures of recording
plat and deeds in the Register of Deeds office.
Carla Stephens, Planner /Developer, presented a subdivision plat for J.W.
Brower located in Johnsonville Township. Commissioner Collins made a motion
to approve the subdivision plat. Commissioner Shaw seconded the motion and
it passed with a unanimous vote.
Carla Stephens, Planner /Developer, presented a subdivision plat for Oak Grove
Subdivision located in Upper Little River Township,and owned by W.A.G.
Corporation. Commissioner Collins made a motion to approve the subdivision
plat. Commissioner Shaw seconded the motion and it passed with a unanimous
vote.
ADJOURNMENT There being no further business, the Harnett County Board of Commissioners
meeting of October 19, 1987, duly adjourned at 9:00 p.m.
DOCUMENT NO. 1.
L oy: G. Stewart, Chairman
—7 /a ■INLG.attu
Vanessa W. Young, Cler
oth oard
10,— ..G/ a4 ]
Kay $1C Blanchard, Recording Sec.
A RESOLUTION REENACTING LOCAL GOVERNMENT
SALES TAXES WITHIN HARNETT COUNTY
WHEREAS, the North Carolina General Assembly authorized the levy of local
government sales and use taxes through enactment of Chapter 77 of the 1971
Session Laws, codified as Article 39 of Chapter 105 of the General Statutes;
Chapter 908 of the 1983 Session Laws, codified as Articles 40 and 41 of
Chapter 105 of the General Statutes; and Chapter 906 of the 1985 Session Laws
(Regular Session, 1986), codified as Article 42 of Chapter 105 of the General
Statutes; and
WHEREAS, these sales and use taxes authorized by the General Assembly have
been levied in Harnett County by action of the Board of Commissioners acting
pursuant to the authorizing legislation; and
WHEREAS, enactment by the General Assembly of Chapter 832 of the 1987 Session
Laws redefined the situs of a transaction for the purpose of collecting local
government sales and use taxes, thus redefining the application of those taxes
and requiring readoption.of these taxes by county board of commissioners; and
WHEREAS, Section 10 of Chapter 832 of the 1987 Session Laws provides that
failure to adopt expansion of the Local Government Sales and Use Tax Act will
result in repeal of these taxes in Harnett County because they would be in-
consistent with the scope of the levies authorized by Articles 39, 40, 41 and 42
of Chapter 105 of the General Statutes as amended; and
WHEREAS, a public hearing was held on October 19, 1987 to consider the
expansion of local government sales and use taxes authorized by Articles 39, 40,
41 and 42 of Chapter 105 of the General Statutes, and interested citizens
presented their views to the Board of Commissioners; and
414
DOCUMENT NO. 2.
WHEREAS, the Board of County Commissioners caused public notice of the 'public
hearing to be given, as required by Section 9 of Chapter 832 of the 1987 Session
Laws, at least ten days prior to the date of the hearing; and
WHEREAS, the Board of .Commissioners of Harnett County does hereby find that
adoption of the expansion of the Local Government Sales and Use Tax Act within
Harnett County is both desirable and necessary to adequately finance the operation
of the county and the cities and towns herein;
NOW, THEREFORE, BE IT RESOLVED. by the Board of County Commissioners of Harnett
County as follows:
Section 1. The expansion of the Local Government Sales and Use Tax Act, as
defined in Section 4 of Chapter 832 of the 1987 Session Laws, is hereby. adopted.
The taxes hereby imposed and levied shall apply to the same extent and be subject
to the same limitations as are set forth in Articles 39, 40, 41 and 42 of "Chapter 105
of the General Statutes, as amended.
Section 2. Collection of the expanded Local Government Sales and Use Tax
by the North Carolina Secretary of Revenue, and liability therefor, shall
begin and continue on and after the.first day of March,'1988.
Section 3. The net proceeds of the taxes levied herein shall be distributed
by the Secretary of Revenue to Harnett County and the municipalities therein
as prescribed by G.S. 105 -472, 486, 493 and 501. The amount distributed to,.
Harnett County shall be divided among the county and the municipalities herein
in accordance with the method previously selected by the Board of Commissioners
of Harnett County in accordance with the provisions of G.S. 105 -472.
Section 4. This Resolution is effective upon its adoption and a certified
copy hereof shall be forwarded to the North Carolina Secretary of Revenue,
pursuant to the provisions of Section 9 of Chapter 832 of the 1987 Session Laws.
Adopted this day of , 1987.
ATTEST:
HARNETT COUNTY BOARD OF COMMISSIONERS
s
ew . , Chairman
R E S O L U T I O N
THAT WHEREAS, the Harnett County .Board of Commissioners has
heretofore held a public hearing regarding a proposal to
establish an emergency ambulance and rescue district within a
portion of Harnett County which encompasses the Town of Coats and
substantial portions of Grove Township at which a number of
citizens of such proposed district appeared; and
WHEREAS, the Harnett County Board of Commissioners has deter-
mined that there is support for the establishment of such a
district pursuant to the provisions of Article 16, Chapter 153A
of the General Statutes of the State of North Carolina; and
WHEREAS, it has heretofore been the policy of the Harnett
County Board of Commissioners to submit to the qualified voters
of such a proposed district the issue of whether or not a prop-
erty tax should be imposed pursuant to the provisions of. said
statute for the support of emergency ambulance and rescue service
within said district; and
WHEREAS, the Board of Commissioners has determined that a
referendum on such issue should be held at which the qualified
voters of such proposed district should vote upon the following
415
1
question, to wit: "Should Harnett County be authorized to levy
annually a property tax at an effective rate not in excess of
eight cents ($.08) on the One Hundred Dollars ($100.00) valuation
in the proposed Coats -Grove Emergency Ambulance and Rescue
Service District for the purpose of providing emergency ambulance
and rescue service ? "; and
WHEREAS, in order to conduct such a referendum the bound-
aries of such proposed district must be established, those owning
property therein must be determined from the tax records main-
tained by the County of Harnett, proper notice must be given and
other requirements must be met;
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board
of Commissioners that the County of Harnett, and its officials
and employees, shall be and they are duly authorized and directed
to take all action necessary in order to determine the boundaries
of the proposed Coats -Grove Emergency Ambulance and Rescue
Service District, to determine the identities of individuals own-
ing property therein as appear from the tax records maintained by
the County of Harnett, and to conduct a special property tax
referendum at which the above set forth issue shall be submitted
to the qualified voters of said district as required and provided
by law.
This o9'- day of October, 1987.
ATTEST:
Vanessa W. For, C »rk
HARNETT COUNTY BOARD OF
COMMISSIONERS
By:
Stewart, Chairman
• Grant No. 88 -21
DOCUMENT NO. 3. Page 1 of 8
NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
LAND RECORDS MANAGEMENT PROGRAM STATE AND COUNTY
AGREEMENT
THIS AGREEMENT is entered into this Mt' day of COOUfi'
1987 by and between the North Carolina Department of Natural Resources
and Community Development (hereinafter called NRCD) and the County of
Harnett, a North Carolina municipal corporation (hereinafter called the
"County ").
WITHESSETII
WHEREAS, Section 102 -15, of the North Carolina General Statutes
empowers the NRCD to administer a program of technical and financial
assistance for the improvement of county land records; and
WHEREAS, the Land Records Management Grant Application dated July
14, 1987, prepared and submitted by the County, has been determined by
NRCD to qualify the County for a grant award; and
WHEREAS, the Secretary of the NRCD has awarded Land Records
Management Grant No. 88 -21 in the amount of $10,000 from State matching
funds to the County as financial assistance for the completion of the
project described in said Grant Application;
416
-NOW, THEREFORE, the parties hereto mutually agree as follows:
1. County Engaged. The Land Records Management Program agrees to
assist the County and the County agrees to perform the work and
responsibilities as' more fully described in the Work Program appended
hereto as Attachment A and hereby made a part of this Agreement as a
complete and sufficient statement of the work encompassed by the Project
Description in the Land Records Management Grant Application supporting
Land Records Management Grant No. 88 -21.
2. General Responsibilities of the County. The County Government
shall: (a) assume positive leadership to perform and carry out in a
satisfactory and proper manner as determined by Land Records Management
Program, all elements of the Work Program set forth in Attachment A; (b)
engage, with the consent of Land Records Management Program, qualified
contractors for all work not performed by county personnel; and (c)
arrange periodic meetings of county officials, local representatives of
the legal, surveying, and engineering professions and representatives of
Land Records Management Program to review progress and consider such
recommendations for action as may be required.
Provision of Funds. To assist in financing the work covered
by this Agreement, the County has been awarded a grant of State funds in
the amount of $10,000. It is expressly understood that the County will
match this State award with an expenditure of at least $10,000 of local
tax revenues applied exclusively to the work covered by this Agreement.
4. Obligation of Grant Funds. Grant funds may not be obligated
prior to the effective date or subsequent to the termination date of
this Agreement. All obligations outstanding as of the termination date
shall be liquidated within one year after the date specified unless
otherwise extended by the State of North Carolina in writing. Such
obligations must be related to goods or services provided and utilized
within the effective period of this Agreement. The effective period of
this Agreement is January 1, 1984 - June 30, 1989.
5. Changes or Extension of Document. The County or the Land
Records Management Program may, from time to time determine that changes
in the scope of work described in Attachment A will be necessary. Such
changes affecting the nature of the work as well as the timing,
methodology, and any increase or decrease in the amount of compensation
due to the County shall be incorporated in written amendments to the
contract which shall be mutually agreeable to the parties hereto and
such agreement shall be endorsed thereon by authorized signatures.
6. Termination of Agreement for Convenience. Either the Land
Records Management Program or the County may terminate this Agreement by
giving written notice to the other party of such termination and
specifying the effective date thereof at least thirty (30) days before
the effective date of such termination.
7. Termination of Agreement for Cause. If through any cause the
County shall fail to fulfill in a timely and proper manner its
obligations under this contract, or if the County shall violate any of
the covenants or stipulations of this Agreement, the Land Records
Management Program shall thereupon have the right to terminate this
Agreement by giving written notice to the County of such termination and
specifying the effective date thereof. Upon the County's receipt of
such notification all work shall immediately cease and no further
expenditures shall be claimed against this Agreement except for work
already performed.
8. Equal Employment Opportunity. The County and any contractor
covered by this Agreement shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex or
national origin and shall take affirmative action to ensure equal
opportunity in its employment practices. The County and any contractor
shall state in its advertisements for employees that all qualified
applications shall receive consideration for employment without regard
to race, color, religion, sex or national origin.
417
9. Interest of Land Records Management Program Members and.
Others. No employee of the Land Records Management Program, and no
Member of its governing body, and no other public official of the
governing body of the community in which the project is situated or
being carried out who exercises any functions or responsibilities in the
review or approval of the undertaking or carrying out of this project,
shall (a) participate in any decision relating to this Agreement which
affects his or her personal interest or the interests of any
corporation, partnership, or association in which he or she is directly
or indirectly involved; or (b) have any personal or pecuniary interest,
direct or indirect, in this Agreement or the proceeds thereof.
10. Access to Records. At any time during normal business hours
and as often as the Land Records Management Program or the Department of
State Auditor may deem necessary, the County shall make available to the
Land Records Management Program or representatives of the Department of
State Auditor for examination all of its records with respect to all
matters covered by this Agreement and shall permit these agencies to
audit, examine and make excerpts of transcripts from such records and to
make audits of all contracts, invoices, materials, payrolls, records of
personnel, conditions of employment,and other data relating to all
matters covered by this Agreement.
11. Retention of Records. The County shall retain all financial
records, supporting documents, and other pertinent records related to
expenditures against the grant received for a period of three years
following the termination date of this Agreement. In the event such
records are audited, all records shall be retained beyond the three -year
period until audit findings have been resolved.
12. Audit Requirements. The County shall be responsible for an
audit of the work performed under this Agreement with copies made
available to Land Records Management Program upon request. The audit
may be performed as part of the county's annual audit.
13. Periodic Reporting Requirements. The County shall prepare and
submit to the Land Records Management Program quarterly progress
reports, due in the Land Records Management Program no later than 10
days after the end of the quarter. Requisition for payment, according
to the schedule established by this Agreement, shall be subject to
authorization by the Land Records Management Program upon the basis of
progress reports evidencing the satisfactory and timely completion of
the work shown in Attachment A.
14. Compensation. The NRCD shall pay to the County an amount not
to exceed $10,000 for the services identified in Attachment A upon the
conditions set forth in Paragraph.16 hereto.
15. Indemnification. Notwithstanding any provisions of this
Agreement, it is expressly agreed that: The County shall indemnify and
save harmless the State of North Carolina and its employees, from and
against any and all claims, demands, suits, judgments, settlements,
etc., for sums of money for and on account of personal injuries,
property damage, invasion of real property, or loss of life or property
of any persons whether in contract or tort, as in any way connected with
the performance of the project covered by this Agreement.
Further, the County expressly releases the State of North Carolina
from any liability or any losses or damages suffered by the County,
directly or indirectly, from or in any way connected with the
performance of this Agreement.
16. Method of Payment. Upon determination by the Land Records
Management Program that the services identified in Attachment A have
been satisfactorily completed, and Land Records Management Program shall
notify the NRCD to pay the amount set forth in Paragraph 14. Such sum
shall be paid in every case subject to receipt of a signed requisition
for payment in connection with quarterly progress reports required under
Paragraph 13.
418
County shall be paid in a lump sum or as progress payments by the
NRCD. If all work specified for completion is not completed, payment
shall be made on the basis of the percentage of work completed.
Lump sum payments will be made only upon completion of all work and
approval of the Land Records Management Program.
17. Designation and Employment of Contractor. To carry out the
Work Program, Attachment A, of this Agreement, the County may utilize
the services of its in -house staff or it may contract for the services
to be performed therein with a private business or public agency. Prior
to the execution of a contract, or the use of its in -house staff, the
County shall provide the Land Records Management Program:
(A) A resume of the Contractor for the project.
(B) A. copy of the proposed contract between the County and
the Contractor.
(C) A work plan or schedule showing when the Deliverable
Items covered by the contract are to be completed, as
well as the cost for each Deliverable Item.
18. Availability of Funds. It is understood and agreed between
the Contractor and the Agency that the payment of compensation specified
in this agreement, its continuation or any renewal or extension thereof,
is dependent upon and subject to the allocation and appropriation of
funds to the Agency for the purposes set forth in this agreement.
"ATTACHMENT A"
WORE PROGRAM FOR COUNTY OF IIARNETT
This Work Program is incorporated by reference hereto in the
attached Agreement between North Carolina Department of NRCD and the
above County and is made a part thereof. The grant award, which is
subject of said Agreement, is being made contingent upon the performance
of the following work:
The County will prepare maps in conformance with the North Carolina
"Technical Specifications for Base and Cadastral Maps," implement the
PIN system, and automate its office.
IN WITNESS WHEREOF, the NRCD and the County have executed this
Agreement as of the first date written.
ATTEST: DEPARTMENT OF NATURAL RESOURCES
AND COMMUNITY DEVELOPMENT
BY BY
S. THOMAS RHODES
TITLE Secretary of Natural Resources
and Community Development
ATTEST:
HARNETT COUNTY
BY ok. ,� ./ lL.�1Afig
Cha rm n of the Board of County
Commissioners
DOCUMENT N0: 4.
1
419
ORDINANCE AMENDING AN ORDINANCE ENTITLED " HARNETT COUNTY,
NORTH CAROLINA, SUBDIVISION REGULATIONS, APRIL, 1977"
WHEREAS, This Board adopted on the 4th day of April, 1977, an
ordinance entitled, "Harnett County, North Carolina, Subdivision
Regulations, April, 1977 "; and
WHEREAS, The Board is of the opinion that certain amendments are
necessary to the clear and efficient working of the Ordinance.
NOW THEREFORE, BE IT ORDAINED that Section 2.0 (116) of the
Ordinance be amended to read as follows:
SECTION 2.0 DEFINITIONS
16. Subdivision: A "subdivision" shall include
all divisions of a tract or parcel of land
into two or more lots, building sites, or
other divisions for the purpose whether
immediate or future, of sale or building
development, and shall include all divisions
of land involving the dedication of a new
street or a change in existing streets;
provided, however, that the following shall
not be included within this definition nor
be subject to the regulations authorized by
this Ordinance.
a. The combination or recombination of portions
of previously platted lots where the total
number of lots is not increased and the
resultant lots are equal to or exceed the
standards of the County, as shown in this
Subdivision Ordinance.
b. The division of land into parcels greater than
ten (10) acres where no street right -of -way
dedication is involved.
c. The public acquisition by purchase of strips
of land for the widening or opening of streets.
d. The division of a tract in single ownership
whose entire area is no greater than two (2)
acres into not more than three (3) lots, where
no street right -of -way dedication is involved
and where the resultant lots are equal to or
exceed the standards of the County, as shown in
this Subdivision Ordinance.
e. The division of land among heirs or proposed heirs.
Adopted this the 19th day of October, 1987.
ATTEST:
4.1 U�O,w✓v�
Vanessa W. Young, G erk the Board
HARNETT COUNTY BOARD OF COMMISSIONERS
L1byd R Stewart, Chairman
420
DOCUMENT NO. 5.
NORTH CAROLINA,
HARNETT COUNTY.
THIS LEASE AGREEMENT, Made and entered into this _ day of October,
1987, by and between ODELL F. HARDEE and wife, RUBY POWELL HARDEE, parties
of the first part, Lessor (whether one or more parties), and the COUNTY OF
HARNETT, a body politic and corporate organized and existing under the laws of
the State of North Carolina, party of the second part, Lessee:
W I T N E S S E T II
That in consideration of their mutual promises and understandings herein,
the Lessor does hereby let, lease and demise to. Lessee, and Lessee does hereby
accept as tenant of the Lessor, upon the terms and conditions hereinafter set
forth,. a certain lot of land situate in Buckhorn Township, Harnett County,
North Carolina, and described as follows:
BEGINNING at a point in the center line of State Road 1403, said
point being the northwesternmost corner of the 37.094 acre tract
shown on the map entitled "Surveyed and Mapped for Odell F.
Hardee" dated November 16, 1984 by Thomas Lester Stancil, and
runs thence as a dividing line with the property owned now or
formerly by W. E. Hardee, South 82 degrees, 01 minutes, 12 seconds
East 250 feet to a point; thence a new line in a southeasterly
direction, said line running approximately South 15 degrees East
a distance of approximately 385 feet to a point in the dividing
line between the tract from which this parcel is cut and the
property owned now or formerly by Odell F. Hardee and Verna H.
Parrish, located South 84 degrees, 00 minutes, 00 seconds East 250
feet from the southwesternmost corner of the above referenced
37.094 acre tract in the center line of State Road 1403;. thence
along the dividing line between said 37.094 acre tract and the
Hardee and Parrish tract North 84 degrees, 00 minutes, 00 seconds
West 250.feet to a point in the center line of State Road 1403;
thence along and with the center line of State Road 1403 the
following courses and distances, to wit: North 11 degrees, 29
minutes, 33 seconds West 142.40 feet, North 13 degrees, 00 minutes,
50 seconds West 49.90 feet, North 15 degrees, 37 minutes, 01 seconds
West 49.90 feet, North 19 degrees, 12 minutes, 35 seconds West 49.89
feet, North 23 degrees, 48 minutes, 30 seconds West 49.88 feet and
North 29 degrees, 23 minutes, 45 seconds West 43.64 feet to the point
and place of BEGINNING, and being a parcel of property which is
approximately trapezoidal in shape containing 2.21 acres, more
or less. For further reference see deed recorded in Book 591,
Page 153, Harnett County Registry.
TO HAVE AND TO HOLD said lands unto Lessee for the term and upon the
'conditions herein set forth, to wit:
1. This lease shall exist and continue for a term of five (5) years from
the date hereof unless sooner terminated as herein provided. The Lessee shall
have the option to renew this lease for an additional tens of five (5) years
upon the same terms and conditions set out herein, except that the least amount
'shall be renegotiated. The Lessee herewith pays to the Lessor the sum of One
Thousand Two Hundred Dollars ($1,200.00), receipt of which is hereby acknowledged
by Lessor, for said five (5) year term. The option to extend may be exercised at
•
any time prior to expiration of the original term by the Lessee tendering pay-
ment of an amount to be mutually agreed upon by the respective parties at such
time.
2. Said lands are being leased to Lessee for use as a containerized
garbage facility and Lessee covenants that said property will not be used for
any other purpose.
3. Lessee shall not have any right to assign this lease or sublet any
part of the herein demised premises and if Lessee shall cease to use said
property for the purposes herein mentioned prior to the expiration of the lease
term said lease shall hereupon automatically terminate and expire and Lessee
shall have no further rights hereunder.
4. Lessee shall be solely responsible for all expenses incurred in
. maintaining the leased premises for use as a containerized garbage facility.
Lessee covenants that in maintaining said leased premises for such purpose
it will:
421
a. Not use any of the dirt on the leased premises as fill dirt or for
any other purpose and Lessee will obtain elsewhere all dirt and
other materials required to maintain said containerized garbage
facility including ramps, unloading areas and surfacing
material for the access area and roadway; and
b. Clear the leased premises to the extent necessary in utilizing
said containerized garbage facility and remove and haul away
from said leased premises and the adjoining lands of Lessors all
vegetation, trees, bushes, stumps and other material cut down,
upset, destroyed or otherwise damaged in maintaining said
facility. Lessee covenants that it will not cut or damage any
more standing timber on said premises than is reasonably
necessary for the proper maintenance of said facility.
5. Lessee will exercise all reasonable care and precaution to prevent
garbage, paper, trash, litter or other material placed in the garbage con-
tainers or carried to the garbage facility from being blown or otherwise carried
to or deposited upon the adjoining lands. In the event any such garbage, trash,
paper, litter or other material shall be blown onto, or otherwise get onto the
adjoining lands, Lessee will forthwith and at its sole expense collect, clean
up and remove the same from said adjoining lands.
6. Lessee covenants and agrees that it will keep and maintain premises in a
sanitary condition in compliance with standards set by State law as amended or
changed from time to time and further covenants that it will empty or cause to
be emptied the garbage containers placed on the demised premises at least once
each week and more often and as frequently as may be necessary to prevent said
containers from overflowing.
7. Lessee will take all reasonable care and precaution to prevent any
fires from being started on the leased premises or in the containers placed on
the leased premises and shall be responsible for and shall reimburse Lessor for
any and all damages which Lessor and their adjoining lands may suffer as a result
of any fire which starts on the leased premises or gets onto the adjoining lands
of Lessor as a result of anything done or failed to be done upon said leased
premises by Lessee or any person using said leased premises and the garbage
facility thereon.
8. Lessee covenants that upon the termination of this lease, it will
forthwith clean up the leased premises, remove therefrom all garbage, paper,
trash, litter or other material which has been placed upon or which has
accumulated on said lands and will likewise dismantle and remove from said
demised premises all structures, building materials, equipment and other
property which has been placed on said demised premises.
9. This lease shall be binding upon the heirs, successors and assigns
of the parties.
10. It is understood that the term Lessor shall mean "Lessors" when
there are two (2) or more lessors named.
IN WITNESS WHEREOF, the parties of the first part have hereunto set their
respective hands and seals and the County of Harnett has caused this lease to
be executed in its name by its appropriate officers, all by authority of a
resolution duly adopted by the Board of Commissioners of Harnett County.
CP e4 (SEAL)
Odel F. Hard -e
��"��y'�J�;' 6)411/416 oly�- 92GQ-r-2_(SEAL).
Ruby Powell Hardee.
COUNTY OF HARNETT
1 �
BYE �l.i, L•
Cha rm.','Harnett County
Board of Commissioners
Clerk, Harnett County B
Commissioners
DATE
APPOINTED
Oct. 19, 1987
Oct. 19, 1987
Oct. 19, 1987
Oct. 19, 1987
Oct. 19, 1987
Oct. 19, 1987
Oct. 19, 1987
Oct. 19, 1987
Oct. 19, 1987.
Oct. 19, 1987
Oct. 19, 1987
CENTRAL CAROLINA TECHNICAL COLLEGE
HARNETT COUNTY ADVISORY COMMITTEE
NAME AND ADDRESS
Donald H. Damon
Harnett County Schools
Rt. 3, Box 290
Lillington, N. C. 27546
Donald Kelly
P. O. Box 665
Lillington, N. C. 27546
Sam Miriello.
204 Marlowe Drive
P. 0. Box 906
Dunn, N. C. 28334
Harrington Morrison
P. 0. Box 845
Lillington, N. C. 27546
Dallas H. Pope
Harnett County Manager
P. 0. Box 759
Lillington, N. C. 27546
Bill Shaw
Shaw Construction Co.
Rt. 1, Box 529
Spring. Lake, N. C. 28390
Graham Stewart, Training Manager
Burlington Industries
106 East C St.
Erwin, N. C. 28339
Ms. Melinda Mullins
P. O. Box 4
Kipling, N. C. 27543
Frank Upchurch ..
Campbell University
P. O. Box 337
Buies Creek, N. C. 27506
Nelson Currin
Currin 5 Dorman
P. O. Box 419
Coats, N. C. 27521
Ms. Louise Bruckner
Employment Security Commission
101 N. Magnolia Avenue
Dunn, N. C. 28334
PHONE
NUMBER
893 -2019 B
893 -2340 H
893 -3369 H
892 -3101 B
892 -9362 H
TERM
TERM EXPIRES
3 yrs.
3 yrs. Sept. 1990
3 yrs. Sept. 1989
Sept. 1988
893 -3270 B 3 yrs.- Sept. 1989
893 -4681 H.
893 -2091 B
893-8708 H
893 -5723 H
893 -4322 B
897 -8111
Ext. 120 B
.897 -8850 H
552 -6300 11
893 -4111 B
897 -5676 B
892-8173 B
892 -7629 H
Ex- Officio
3 yrs. Sept. 1990.
3 yrs. Sept. 1989
3 yrs. Sept. 1990
3 yrs. Sept. 1989
3 yrs. Sept. 1988
3 yrs. Sept. 1990