11061939129
A regular meeting of the Board of Commiss
North Carolina, was held at the courthouse in
usual place of meeting on November 6, 1939 at
Presnet: Chairman J.B.Ennis, and Commiss
R.L.Page and F.D.Jackson.
Absent: None.
November 6th. 1939.
loners for the County of Harnett,
Lillington, North Carolina,the
10 O'clock A.M.
loners L.R.Byrd, A.A.Cameron,
Commissioner F.D.Jackson introduced the following resolution which was read
and is as follows:
RESOLUTION CONCERNING THE CANCELLATION OF
$14,000 BONDS AND THE RATIFICATION OF
ADVERTISEMENT CALLING FOR BIDS UPON
$26,000 REFUNDING SCHOOL BONDS.
Whereas at an adjourned regular meeting of the Board of Commissioners for the
County of Harnett, North Carolina, held at the courthouse in Lillington, N.C.
on September 13, 1939 at the expiration of the recess of the regular meeting
of said Board which was held on September 4, 1939, it being the first Monday of
said month, and at which Meeting all members of the Board of Commissioners were
present, the said Board of Commissioners caused to be introduced a bond order
providing for the issuance of $40,000. of County of Harnett, North Carolina,
Refunding Sbhool Bonds, as will appear by reference to Minute Book No. 7,
pages 81, 82 and 83, wherein is recorded the proceedings of the said Board at
its said meeting; and
Whereas, publication of the said bond order was had as prescribed by law;
and
Whereas, an adjourned regular meeting of the said Board of Commissioners for
the County of Harnett, N.C. was held at the courthouse in Lillington, N.C. on
September 25, 1939 in keeping with the expiration of the recesss taken by said
Board on September 13, 1939, at which all members of the said Board were present,
and voted for, and unanimously adopted the said bond order on its final passage
as appears of record in Minute Book No. 7, pages 84, 85, 86 and 87, wherein
appears the permanent record of the said proceedings in respect of the final
adoption of the said bond order; and
Whereas, publication of the said bond order as finally adopted was made
as prescribed by law, and the said Board caused the Local Govenment Commission
of North Carolina to advertise for sale the said $40,000 of County of Harnett,
North Carolina, Refunding School Bonds; and
Whereas, the maturities of the said proposed Refunding School Bonds were
fixed by a resolution also adopted on September 25, 1939, the first $14,000
of the said issue to mature as follows:
$2,000 on March 1, 1941; $2,000 on March 1, 1942; $5,000 on March 1, 1945; and
$5,000 on March 1, 1946; and
Whereas, it has now come to the attention of the Board of Commissioners for
the County of Harnett that $12,000 School Bonds of Lillington High School District
and $2,000 School Building Bonds of Coats School District, dated Oct. 1, 1919
and maturing October 1, 1939, which bonds are included in the original issues
to be refunded by the issuance of the said $40,000 County of Harnett Refunding
School Bonds, are held by the General Sinking Fund of the County of Harnett,
North Carolina, and should not, and may not, lawfully be refunded; and
Whereas, the totalamount of the said $40,000 of County of Harnett, North
Carolina, Refunding School Bonds, Which may be lawfully refunded is $26,000.00;
Whereas, the County of H ^r nett decided to sell only $26,000 of the said
$40,000 of its Refunding School Bonds hereinabove referred to and to cause to be
cancelled the $14,000 of bonds of the original issues which it holds in its
General Sinking Fund, thereby liquidating the full indebtedness of 440,000
of the original issues; and
Whereas, reducing the amount of bonds to be issued to $26,000 will not
prejudice the rights of any taxpayer or creditor of the County of Harnett; and
Whereas, the issue of $40,000 of Harnett County Refunding School Bonds
was advertised for sale by the Local Government Commission, asking for bids on
October 17, 1939, and subsequently the reduced issue of $26,000 bonds was
advertised for sale by said Commission asking for bids on October 24, 1939;
Now, therefore, BE IT RESOLVED by the Board of Commissioners for the County
of Harnett that the action of the Local Government Commission of North Carolina
in advertising only $26,000 of County of Harnett, North Carolina, Refunding School
Bonds of the issue of $40,000 of said bonds heretofore authorized and as referred
130
to in the preambles of this resolution, with the maturity dates of said bonds
as followss: March 1 of each year $5,000 1947, $5,000 1948, $3,000 1949,
$3,000 1950, $5,000 1952 and $5,000 1953, without option of prior payment,
be and the same is hereby ratified and confirmed.
BF TT FURTHER RESOLVED that the County AEcountant shall deliver to the
Local `government Commission of North Carolina, to be cancelled by it or under
its direction, the $12,000 School Bonds of Lillington;High School District,
dated October 1, 1919 and maturing October 1, 1939, and the $2,000 School
Building Bonds of Coats School District, dated October 1, 1919 and maturing
October 1, 1939, now held by the General Sinking Fund of the County of Harnett.
BE IT FURTHER RESOLVED that the County of Harnett do not issue, execute
or sell the $14,000 of its $40,000 of Refunding School Bonds heretofore
authorized and as referred to in this resolution, the said $14,000 bonds to be
not issued being the bonds which were authorized to refund a like amount of
bonds now held in the General Sinking Fund of Harnett County, and which are to
be cancelled pursuant to the tenor of this resolution.
Upon motion of Commissioner R.L.Pate, seconded by Commissioner A.A.Cameron
the foregoing resolution entitled "Resolution Concerning the Cancellation of
414,000 Bonds and the Ratification of Advertisement Calling for Bids upon
$26,000 Refunding School Bonds" was adopted by the following vote:
Ayes: L.R.Byrd,
Noes: None.
Thereupon,
read and is as
A.A. "ameron, R.L.Pate and F.D.Jackson.
Commissioner L.R.Byrd, introduced the following order which was
follows:
AN ORDER REDUCING THE AMOU=T OF BONDS TO BE ISSUED UNDER
AN ORDER FINALLY PASSED SEPTEMBER 25, 1939 ENTITLED
"ORDER AUTHORIZING $40,00 REYUNDING SCHOOL BONDS."
Whereas, $12,000 of the $15,000 Lillington High School District Schaal
Bonds dated October 1, 1919 and maturing October 1, 1939, and ,$2,000 of the
$15,000 Coats School District School Building Bonds, dated October 1, 1919
and maturing October 1, 1939, are held in the General Sinking Fund of the
County, and
Whereas, by resolution adopted November 6, 1939 said $12,000 Lillington
High School District School Bonds and said 32,000 Coats School District School
Building Bonds which are held in the General Sinking Fund are to be forwarded
to the Local Government Commission for cancellation, and
Whereas, said bonds are therefore not to be refunded in accordance with
the order finally passed on September 25, 1939, now, therefore,
BE IT ORDEREDDAND RESOLVED by the Board of Commissioners for the County
of Harnett:
1.. That the amount of bonds which may be issued under the order finally
passed by this Board on September 25, 1939 entitled "Order Authorizing
40,000 Refunding School Bonds" be and the same is hereby reduced from
40,000 to $26,000, and that the bonds to be refunded by said $26,000
Refunding School Bonds shall be the following:
$3,000 Lillington High School District School Bonds, dated Oct. 1, 1919,
maturing October 1, 1939.
$13,000 Coats School District School Building Bonds, dated Oct. 1, 1919,
maturing October 1, 1939.
$10,000 Coats School District School Bonds, dated May 1, 1920, maturing
May 1, 1940.
2. That this order shall take effect upon its passage.
Upon motion of Commissioner A.A.Cameron, seconded by Commissioner L.R.Byrd,
the foregoing order entitled "An Order Reducing the Amount of Bonds to be
issued under an Order Flinally passed September 25, 1939, entitled 'Order
Authorizing 340,000 Refunding School Bonds ", was adopted by the follcwing
vote:
Ayes: Commissioners L.R.Byrd, A.A.Cameron, R.L.Pate, and F.D.Jackson.
Noes: None.
131
And thereupon Commissioner R.L.Pate introduced the following resolution
which was read and is as follows:
RESOLUTION AMENDIN3 A RESOLUTION ADOPTED SEPT.25, 1939 ENTITLrED
"RESOLUTION PROVIDING FOR THE ISSUANCE OF $40,000 REFUNDING
SCHOOL BONDS AND PROVIDING FOR THEIR SALE."
BE IT RESOLVED by the Board of Commissioners for the County of Harnett:
Section 1. That the resolution adopted by this Board on September 25, 1939
entitled "Resolution Providing for the issuance of $40,000 Refunding School
'?onds and Providing for their Sale" be and the same is hereby amended as follows:
(a) Change the figure "$40,000" to "$26,000" in the title of said resolution
adopted September 25, 1939 and in Sections 3, 4 and 5 thereof.
(b) Amend Section 1 to read as follows:
"Section 1. That the Board of Commissioners, after careful consideration,
has ascertained and found and does hereby declare that it is necessary
that Harnett County issue the $26,000 Refunding School Bonds authorized
by an order finally passed September 25, 1939 as supplemented by an
order passed November 6, 1939."
(c) Amend Section 2 to read as follows:
"Section 2. That for the purpose of refunding the bonds described in
said order finally passed September 25, 1939 as supplemented by an
order passed liovember 6, 1939, the negotiable coupon bonds of the
County of Harnett shall be issued in the aggregate principal amount
of $26,000 debignated "Refunding School Bonds ", consistinf of 26 bonds
of the denomination of $1,000 each, numbered 1 to 26, inclusive, dated
September 1, 1939, and maturing on March 1 of each year in numerical
order, lowest numbers first, $5,000 1947, $5,000 1948, $3,000 1949,
$3,000 1950, $5,000 1952, and $5,000 1953, without option of prior
payment."
Section 2. That this resolution shall take effect upon its adoption.
Upon motion of Commissioner F.D.Jackson, seconded by Commissioner
A.A.Cameron, the foregoing resolution entitled "Resolution Amending a
Resolution Passed September 25, 1939, entitled 'Resolution Providing for the
Issuance of $40,000 Refunding School Bonds and Providing for Their Sale" was
adopted by the following vote:
Ayes: Commissioners L.R.Byrd, A.A.Camercn, R.L.Pate, and .D.Jackson.
Noes: None.
Commissioners R.L.Pate thereupon introduced the following resolution which
was read and is as follows:
RESOLUTION CONFIRMING THE AWARD OF $26,000 REFUNDING SCHOOL
BONDS BY THE LOCAL GOVERNMENT COMMISSION.
BE IT RESOLVED by the Board of Commissioners for the County of Harnett:
Section 1. That the award made on October 24, 1939 by the Local Government
Commission of the $26,000 Refunding School Bonds of the County of Harrett,
North Carolina, dated September 1, 1939 maturing on March 1 of each year in
numerical order, lowest numbers first, $5,000 1947, '$5,000 1948, $3,000 1949,
$3,000 1950, $5,000 1952, and $5,000 1953, to bear interest at the rate of
4% per annum to John Nuveen and Company, Chicago, Illinois, at the price of
$26,151.58 and accrued interest, be and the same is hereby ratified and
confirmed.
Section 2. That this resolution shall take effect upon its adoption.
Upon motion of Commissioner A.A.Cameron, seconded by Commissioner
F.D.Jackson, the foregoing resolution entitled "Resolution Confirming the
Award of $26,000 Refunding School Bonds by the Local Government Commission "
was adopted by the following vote:
Ayes: L.R.Byrd, A.A.Cwneron, R.L.Pate and F.D.Jackson.
Noeas.None.
132
It appearing to the satisfaction of the Board that the Mack McKay homestead
described in Book B #2, page 397, and in Book B #2, page 399, Harnett County
Registry, lately listed to the late Dr.C.H.Sexton, in Neill's Creek Township
was from 1932 to and including 1939, improperly valued, and that notice of
such valuation was sent to Dr.Sexton, who, because of disability was unable
to act, and that subsequently guardians were appointed for the said tax lister,
who, upon judgment of the Superior Court, were removed for failure to do their
duty, and that the erroneous valuation should be adjusted:
IT IS ORDERED that upon payment by J.Robert Young, Receiver of the sum of
$1,000.00 in cash this date, the said property be relieved and released of the
lien of taxes due Harnett County for the years 1932, 1933, 1934, 1935, 1936,
1939; taxes for the year 1938 having been heretofore paid; and that the
delinquent taxes for the year 1937 be credited with the sum of $29.72, leaving
a balance due on 1937 taxes of $289.54, said arrangement being in compromise
of suit now pending between the County and Dr.C.H.Sexton and remainder; except
as to 1937 taxes.
It is ordered that the valuation of 40 acres of waste land assessed against
Mrs.J.B.Ramsey in Barbecue Township, be reduced in valuation from $6.00 per
acre to $4.50 per acre.
It is ordered that the valuation of F. J.McLean's land in Upper Little River
Township be reduced X390.00 on account of error in listing cutover land.
The Chairman appointed Ferd D.Jackson, R.L.Pate, and J.S.McLean as Committe
to.investigate the tax valuation on the property listed to Mattie A.Byrd in
Averasboro Township.
It appearing by certificate of the Assistant Auditor that on Oct. 22, 1937,
the Board of Equalization fixed the valuation for taxation on property listed
to Alma F.Young Estate in Averasboro Township as follows:
1 lot Cumberland Street, Dunn, N.C. 140 x 150 feet $1300.00
1 lot W.Broad.Street, Dunn, N.C. 70 x 150 feet 2200.00
1 lot W.Broad Street, Du-n, N.C. 70 x 150 feet 5000.00
Total on these lots: 8500.00
And it further appearing that thetrecord of said valuation was not entered
on the Minutes of the Board: IT_IS ORDERED that the minutes of the meeting
of the Board of Equalization of October 22, 1937, be made to show the action
as above taken.
This 6th. day of November, 1939.
Written notice requesting cancellation of bond of N.T.Wilkins, Constable,
having been received from Jas.A.Taylor and Sons, Agent of the Surety on the
bond, and return of renewal certificate having accompained the same,
IT IS ORDERED that N.T.Wilkins no longer discharge the duties of his said office
until a sufficient bond be presented and approved by this Board.
Mr.Wilkins will be so notified.
BE IT RESOLVED by the Board of County Commissioners of Harnett County
that the Board of Education be relieved of any cost that might be taxed by the
Clerk of Superior Court in that Special Proceedings entitled "Board of
Education -vs- Wade Johnson and others."
The report of W.D.Harrington, Tax Collector, was received, approved and
ordered filed.
The report of Howard Godwin, C.S.C., was received, approved and ordered filed.
The report of Inez Harrington, Register of Deeds, was received, approved
and ordered filed.
It is ordered that the valuation of the lot 50 x 150 feet at 311 South
Washington Avenue, Dunn, N.C. listed in the name of E.C.Warren, be valued at
$300.00 and the 5 -room dwelling at $1200.00. Total $1500.00 for the year 1939.
Committee: J.B. "Ennis
J.N.Creel, Jr.
133
The following road petitions were presented and approved by the board and
ordered forwarded to the State Highway and Public Works Commission:
(1) to improve and maintain that certain road in Upper Little River Township,
be ginning- at the home of A.K.Darroch and crossing Upper Little River at
Darroch and McRae Bridge and coming into the Johnsonville Road at the
filling station owned by Jimmy Knight, a distance of approximately 1 mile.
(2) that the public road leading fronthe town of Angier by way of Angier public
school to Benson, be improved by widening the same and gravelling the surface
thereof, and that from Highway lo. 55 in the town of Angier to the old
"Stage Road" at the home of J.M. and J.A.Williams, the said road be
surfaced with asphalt, the distance to be surfaced with asphalt being
approximately two and one -half miles. This road is already a part of the
Highway System and bears much traffic with result that it cannot be properly
maintained from Angier to the "Stage Road" at the home of J.A. and J.M.Willi=
unless it be surfaced.
WHEREAS, more than thirty -five citizens in Black River Township, have
petitioned the Board of County Commissioners of Harnett County, to request the
State Highway and Public WorksCommission to improve certain road in Black River
Township near the Town of Angier.
NOW, THEREFORE, BE IP RESOLVED, by the Board of County Commissioners of
Harnett County that it does request the State Highway and Public Works Commission
to improve the public road leading from the Town of Angier by way of the Angier
Public School to Benson.
BE IT FURTHER RESOLVED that the Board of County Commissionersof Harnett
County do request the State Highway and Public Works Commission that the road
leading from Highway No. 55 in the Town of Angier to the "Old Stage Raod" at
the home of J.A.T. and J.A.Williams, be improved and treated with asphalt as soon
as possible, the distance of said treatment being approximately two and one -half
miles.
BE IT RESOLVED that the 212 acres of land in Barbecue Township, formerly
listed to Sam McArthur and acquired by the County of Harnett under tax foreclosure
sale under Judgment No. A -1254 be sold to H.C.Cameron - -- -for the sum of
0215.00 cash, and the Chairman of the Board is hereby instructed to execute
deed and the Clem/ will attest the same.
BE IT RESOLVED that the 40 acres of land in Stewart's Creek Township,
formerly listed to Henry Byrd and acquired by the County at a tax foreclosure
sale under Judgment No. 1965 -A -940 be sold to H.E.Truelove - -- -for the sum
of $58.50 on the following terms: Payable within thirty days from this date
together with 6% interest. The Chairman of the Board is hereby authorized to
execute deed to H.3.Truelove giving to Novella Byrd a life estate in and to
the dwelling house situated thereon, together with approximately two acres of
land about and surrounding said dwelling house; and the Clerk to the Board
will attest the same.
It is ordered that the payment on contract to re- purchase land made by
Henry Sultan, Stewart's Creek Totinship, on June 5, 1939, be extended until
November 1, 1940, upon the payment of 030.00 to day. (SD #2164 -A -994).
It is ordered that the contract to purchase 100 acres Bill Haley Estate,
Johnsonville Township, made by James Haley and Moses Cameron on July 10, 1939,
be amended to allow them to pay M0.00 this date, and $40.00 Dec. 1, 1939 and
$40.00 per month each successive month. (SD #2154 -A- 1247.)
It is ordered that Mrs.Dina Douglass be allowed until November 1, 1940
to finish paying contract to purchase 44 acres of D.T.Douglass lard in Barbecue
Township, if $$110.00 payment is made this date. See order of Board Aug.7,1939.
( #SD #2340 -A- 1347.)
It is ordered that the contract to re- purchase land made by William Douglass
(colored) on June 5, 1939, be amended to allow him to pay 0.00 on or before
November 18, 1939, and 05.00 on December 1, 1939, and 'ti 5.00 per month each
successive month. (SD #2093 -A -972.)
It is ordered that John McArtan be allowed until January 1, 1940 to finish
paying contract to purchase land in Anderson Creek Township if $50.00 payment
is made this date. See order of Board June 5, 1939. (SD #2305 -A- 1295.)
134
It is ordered that George McNeill be allowed until November 1, 1940 to
finish paying contract to purchase land in Stewart's Creek Township, if
a w16.00 payment is made by December 1, 1939. See order of Board April3, 1939.
(SD #2257 -A- 1274.)
It is ordered that Mrs.Isabella- 'Barefoot be allowed until November 1,1940
to finish paying contract to purchase land inJohnsonville Township, if $60.00
payment is made this date. See order of Board April 3, 1939. (SD #2224 -A- 1160.)
The Board recessed to reconvene at the call of the'Chairman.
Clerk Chairman.