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HARNETT COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING, JUNE 28, 1982
CALL TO ORDER
PRAYER
BUDGET ORDINANCE
REVISED
2 PERCENT COST -OF-
LIVING
BUDGET ORDINANCE
ADOPTED
The Harnett County Board of Commissioners met in special
session on Monday, June 28, 1982, in the Commissioners Room,
County Office Building, Lillington, North Carolina, with the
following members present: M. H. Brock, Lloyd G. Stewart,
Bill Shaw, Rudy Collins, and Chairman Jesse Alphin presiding.
Vanessa W. Young, Clerk to the Board, and Edward H. McCormick,
County Attorney, were also present.
Chairman Jesse Alphin called the special meeting to order at
6 p.m.
Commissioner Bill Shaw led the evening prayer.
M. H. Brock, County Manager, informed the Board that the
budget ordinance for the F. Y. 1982 -83 as originally presented
to the Board on June 21, 1982, had decreased in revenues by
$11,000 because Angier -Black River Emergency and Rescue had
over - anticipated their revenues from the 13 cents tax levy by
this amount. Angier -Black River requested that $65,000 be
appropriated in their budget for the F. Y. 1982 -83 rather than
$76,000. This alteration constituted the following changes
in the budget ordinance as proposed at the mid -month meeting
in June: 1) Special Appropriations, reduced -from $4,538,837
to $4,527,837; 2) Other Revenues, reduced from $3,533,459 to
$3,522,459; and 3) Total Revenues, reduced from $11,710,013
to $11,699,013. Mr. Brock presented the revised budget ordi-
nance to the Board for consideration.
Following a discussion of the budget ordinance, Commissioner
Stewart made a motion that the employees of Harnett County be
given a 2% cost -of- living increase rather than 3% as proposed
in the ordinance and that the funds which totals the 1%
difference be put in the Contigency Fund to be used by the
Board of Commissioners during the F. Y. 1982 -83 to reclassify
some employees. Commissioner Shaw seconded the motion and
it carried.
Commissioner Brock made a motion that the following budget
ordinance for the F. Y. 1982 -83 be adopted, Commissioner
Shaw seconded the motion and it carried:
BE IT ORDAINED by the Board of Commissioners of Harnett County, North
Carolina:
Section 1. The following amounts are hereby appropriated in the
General Fund for the operation of the county government and its activities
for the fiscal year beginning July 1, 1982, and ending June 30, 1982, in
accordance with the chart of accounts heretofore established for this
county:
Governing Body
Administration
Elections
Finance
Tax Department
Register of Deeds
Public Buildings
Sheriff's Department
Emergency Management
Fire Department
Inspections
Central Maintenance
Contingency Fund
Department of Human Resources
Sanitation Landfill
Health Department
Family Planning
Maternal $ Child Health
General - Home Health
Tuberculosis Control
Title III, Chronic Disease
Clinic F, Administration - WIC
Nutrition Education - WIC
Coroner
Agriculture Extension $ Agents
Veterans Service Office
Social Services
Public Assistance
Industrial Training Center
Communications Center
HUD
One -on -One
67,800
63,057
48,195
51,644
199,154
89,645
182,392
891,958
36,767
40,750
82,608
31,181
44,996
414,834
322,603
353,603
93,037
71,507
125,443
23,909
14,478
32,361
17,144
10,140
88,521
15,837
1,235,794
1,037,160
288,000
98,772
63,969
28,406
Parks $Recreation
Industrial Development Commiss
Library
Ambulance Service
Airport
Non- Departmental
Special Appropriations
on
99,944
63,696
117,503'
236,268
103,100
385,000
4,527,837-
Section 2. The appropriations to the Board of Education shall be made from
any funds which are dedicated to the use of the Schools from general county
revenues to the extent necessary. All projects using county money shall be
approved by the Harnett County Board of Commissioners.
Section 3. It is estimated that the following revenues will be available
in the General Fund for the fiscal year beginning July 1, 1982, and ending
June 30, 1982:
Current Year's.Property - Tax 5,737,125
Prior Years Taxes 160,000
Animal Taxes 9,000
Tax Penalties $ Interest 52,000
Licenses 2,500
Intergovernmental Revenue 2,089,472
Other Revenues 3,522,459
Fund Balance 139,407
Less Refunds $;Releases; (12,950)
11,699,013
Section 4. The following amounts are hereby appropriated in the Revaluation-
Fund for the purposes consistent with the revaluing of property in Harnett
County beginning July 1, 1982, and ending June 30, 1983:
Revaluation P'und 20,000
Section 5. -It is estimated that the following revenues will be available
in the Revaluation Fund for the fiscal year beginning July 1, 1982, and
ending June 30, 1983:
Contribution from General Fund 20,000
Section 6. The following amounts are hereby appropriated in the Revenue
Sharing Fund for the purposes consistent with - Federal Law and Regulations for the
fiscal year beginning July 1, 1982, and ending June 30, 1983:
Contribution to General Fund 1,050,000
Section 7. It is estimated that the following revenues will be available
in, the Revenue Sharing Fund for the fiscal year beginning July 1, 1982, and
ending June 30, 1982:
Interest on Investments
Revenue Sharing Grant
50,000
1,000,000
1,050,000
Section 8. There is hereby levied a tax at the rate of Eighty Nine Cents ($9¢).
per one hundred dollars ($100) valuation of property listed for taxes as of
January 1, 1982, for the purpose of raising the revenue listed as "Current Year
Property Taxes" in the General Fund in Section 3 of this ordinance.
This rate of tax is based -:on:.an estimated total valuation' of property for
the purpose of taxation $675,000,000 and an estimated collection rate of 95 percent
The estimated rate of collection is based on the prior years collections of
approximately 95 percent.-
Section 9. The Budget Officer is hereby authorized to ' transfer
ithin a fund as contained herein under the following conditions:
a. He may transfer amounts up to $500 between objects of expenditures
within a department with an official report on such transfer at
the next regular meeting of the Board of Commissioners.
appropriations
b. He may not transfer between departments of the same fund.
c. He may not transfer any amount between
appropriation within any fund.
funds - nor -from any contingency
Section 10. There is hereby levied a tax at the rate of five cents (5 *) per
one hundred dollars ($100) valuation of property listed for taxes as of January 1,
1982, located within the Sepcial Averasboro School District for the raising of
83
CHICORA COUNTRY
CLUB REQUEST
COUNTY TO PART-
ICIPATE IN
WATER LINE
CONSTRUCTION
WEATHER EQUIPMENT
FOR AIRPORT
LEASE AGREEMENT
WITH ROBERTS
AVIATION
revenue for said Special School District. This rate of tax is based on an
estimated total valuation of property for the purposes of taxation of
$184,904,045 and an estimated collection rate of approximately 95 percent.
There is appropriated to the Special Averasboro School District the
sum of $88,000 for use by the Special School District in such manner and
for such expenditures as is permitted by law from the proceeds of this tax any
any other revenue otherwise accruing to said Special School District.
Section 11. There is hereby levied the following tax rates per hundred
dollars ($100) valuation of property listed for taxes as of January 1, 1982,
located within the Special Fire Districts, for the raising of revenue for said
Special Fire Districts, as follows:
Anderson Creek Fire District
Angier Black River Emergency Ambulance
Black River Fire District
Buies Creek Fire District
Erwin Fire District
Flat Branch Fire District
Flatwoods Fire District
Grove Fire District
Northern Harnett Rescue District
Spout Springs Fire District
Summerville Fire District
Averasboro Fire District
Boone Trail Emergency Services, Inc.
Fourteen cents 14¢
$ Rescue, Inc. Thirteen cents 13¢
Ten cents 10¢
Ten cents 10¢
Seven cents 7¢
Fifteen cents 15¢
Fifteen cents 15¢
Eight cents 8¢
Three cents 3¢
Fifteen cents 15¢
Thirteen cents 13¢
Ten cents 10¢
Fifteen cents 15¢
Mr. Mac Hunter representing the residents of Chicora Country Club
appeared before the Board and requested the Commissioners to
allocate $4,800 to share in the cost of constructing an 8" water
line from the Town of Erwin water line to the entrance of the
Chicora Country Club. Mr. Hunter explained that the original plans
for this project was to install a 6" water line and the funds had
been collected based on this proposal. However, after talking
with the County Manager, he discovered that the County requires tha
an 8" line be used. Mr. Hunter stated that the $4,800 is the
estimated cost difference for installing an 8" water line, as
required by the County, versus the originally proposed 6" line,
and he would like for the County to absorb this difference. Fol-
lowing a lengthy discussion, the Board thanked Mr. Hunter for comin
and presenting this request and explained that they would have
to investigate it further before they could appropriate the $4,800.
Commissioner Shaw moved for the adoption of the following resolution
authorizing the County to enter into a grant agreement with the
N. C. Department of Transportation for the use of State equipment
for the Airport; Commissioner Collins seconded the motion and
it carried:
THAT WHEREAS, the County of Harnett (hereinafter referred to as "Grantee ")
has made a formal application to the Department of Transportation (hereinafter
referred to as "Department ") for the use of State equipment for the Harnett
County Airport; and
WHEREAS, a Grant Agreement for the loan of the following named equipment
has been approved; one (1) Texas Electronics Model 220 Wind Speed and
Directional System with. Meter Console; One (1) Sight Clinometer; One (1)
Stop Watch, Balloon Timer; One (1) Instrument Shelter; One (1) Pocket Sling
Psychrometer; One (1) Helium Tank Regulator; One (1) Balloon Inflation Kit;
One (1) Ceiling Light Projector w /Timer; One (1) Spare Lamb (Ceiling Light);
One (1) Box Red Ceiling Balloons (50 /box); and One (1) Black Ceiling Balloons
(S0 /box).
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED that the Chairman of the
Board of the Grantee be and he hereby is authorized and empowered to enter
into a Grant Agreement with the Department as may be necessary to effectuate the
aforesaid expressed purpose, thereby binding the Grantee to the fulfillment of
its obligation incurred under this resolution and to its agreement under the
said Grant Agreement with the Department.
Commissioner Brock moved for the adoption of the following lease
agreement between the County of Harnett and Roberts Aviation, Inc.;
Commissioner Shaw seconded the motion and it carried with a
unanimous vote:
$4`
NORTH CAROLINA'`
HARNETT COUNTY
THIS LEASE AGREEMENT, Made and entered into by and between the COUNTY'OF HARNETT, a body politic
and corporate of the State of North Carolina, hereinafter referred to as "Owner ", and ROBERTS
AVIATION, INC., a corporation organized and existing under the laws of the State of North Carolina,
hereinafter referred to as "Operator'
W _I TN'E'S 5 E T H;
WHEREAS, Owner is the owner of an airport which is called Harnett County' Airport and which is in
the eastern part of Harnett County, between the Village of Rules Creek and the Town of Erwin, South of
S. Highway No 421 and lying between S. R. No 1769 and the Cape Fear; River, about one mile, more
or less, west of the Village, of Buies> Creek; and
WHEREAS, the Operator desires to lease a. portion of said airport premises, fo
purposes hereinafter mentioned, which: portion is described as: follows:
All that certain 4.62 tract or parcel of land, containing the existing terminal building;
existing apron, and other contiguous areas hereinafter described, located on the Harnett
County Airport property; Northwest of and parallel to the Harnett County Airport runway; and
southeast of the northwestern boundary of the Airport:property, and a paved state road along
said boundary, and more fully described as follows:
the uses and
Starting at the concrete monument in the northern property line of the Harnett County
Airport, a common corner with R. D. Lee property and D. E. Lassiter, Jr;, property, and
running thence South 80 deg. 54 min. East 495:69 feet to the BEGINNING point and running
thence South 45 deg. East 200 feet to a corner (said corner located North 45 deg. West
350 feet from Station No 42 + 25:5 of the airport runway), thence North 45 deg. East 915
feet to a 'corner; thence North 45 deg. West 200 feet to a corner; thence South 45 deg.'
West 165 feet to a corner; thence, North 45 deg.West 125 feet to a corner; thence South 45 deg.
West 110 feet to a corner;; thence South 45 deg. East 125 feet to a corner; thence South 45 deg,
West 125.5 feet to a corner; thence North 45 deg. West 76.2 feet to a corner, thence South 45 deg.
West 60 feet to a corner; thence South 45 deg. East 76.2 feet to a corner (The preceding three
calls encompassing the existing terminal: building); thence South 45 deg. West 454.5 feet to the
BEGINNING, containing the existing terminal building, existing apron, and other contiguous
areas, and containing 4.62 acres, more or less. Said lands are a portion of the airport property
shown on a map entitled "Harnett County Airport, Property Map, Exhibit "A" recorded in Plat
Cabinet 1, Slide 205, Harnett County Registry.
NOW, THEREFORE, for the mutual considerations hereinafter stated, the Owner does hereby demise and
lease unto the Operator and the Operator does hereby hire and rent from the Owner all that portion of
said Harnett County Airport hereinabove described, all upon the following terms and conditions, to wit
1. Use of Leased Premises by Operator - It is mutually agreed by and between the parties hereto
that the leased premises shall be used for the purpose of conducting the business of a Fixed Base
Operator with rights as defined and provided for herein, and for no other purpose. The Operator
shall have full, quiet, peaceful enjoyment of the premises during the term of this agreement, inclusive
to the ingress and egress of the premises, subject only to such rules and regulations adopted by
county ordinance for subject aiiport and conditions and limitations as hereinafter specifically
stipulated.
2. Petroleum Rights and Duties - The Operator is granted the right' to sell petroleum products for
the services of aircraft using said Harnett County Airport. Owner shall furnish the necessary equipment
to store and deliver fuel and shall maintain the equipment in satisfactory operating condition. The
shall maintain an adequate supply of petroleum products for sale at regular business hours
and by call at other than regular business hours.
3. Required Tie Down and Other Related Services - The Operator shall furnish tie down services for
all aircraft using the airport and shall be entitled to make all reasonable and necessary charges for tie
down and other related services for all aircraft, usual and customary, in the operation of an airport.
4. Permissive Services - The Operator may conduct, but shall not be limited to, the following
aeronautical activities, all of which shall be performed in accordance with published minimum standards:
sale of aviation petroleum products and related ramp services, aircraft maintenance and repair,
aircraft sales, flight instruction, ground instruction, aircraft rental, charter service, rental of
tie down space.
5. Use by the Public, Rates, Charges, Etc. - The Operator agrees to operate the leased premises
for the use and benefit of the public and to make available to the public on fair and reasonable terms
all leased airport facilities and furnish all service on a fair, equal and not unjustly discriminatory
basis to all users thereof and to charge fair, reasonable and not unjustly discriminatory prices for
each unit or service. The Owner agrees that rates and charges for such activities and services be
fixed by the Operator subject to Owner concurrence and approval of such rates and charges as to reason-
ableness. All services offered by the Operator shall be performed with promptness and courtesy.
6. Rights Not Exclusive - It is expressly understood and agreed that nothing herein contained shall
be construed to grant or authorize the granting of exclusive rights within the meaning of Section 308(a)
85
1
of the Federal Aviation Action if 1958, as amended.
7. Hours of Operation - Except during inclement weather, the Operator agrees to keep the leased
airport premises and facilities open to the public during regular business hours. Regular business
hours are from 8:00 a.m. to 5:00 p.m., seven days a week when Eastern Standard time is in effect and
from 8:00 a. m. until 7:00 p.m. when Daylight Savings times is in effect.
8. Duty to Clean, Etc., by Operator - The Operator shall at all times keep the leased
premises clean and free from rubbish, in a neat and presentable manner. The Operator shall supervise
the removal of all wrecked, dismantled or junked aircraft from the leased premises.
9. Repairs and Maintenance - The Operator shall make minor repairs and maintenance on the
terminal building constructed by Owner, on the lease premises. These minor repairs shall be limited to
$100.00 (One Hundred and 00 /100 Dollars) per repair. Owner shall mow all grass on all airport property
except the demised premises.
10. Utility Bills - Payment of utility bills shall be as provided in Paragraph No. 20.
11. Insurance - The Operator shall maintain a fixed base airport liability insurance policy in
limits of $300,000 (Three Hundred Thousand and 00 /100 Dollars) bodily injury and $300,000.00 (Three
Hundred Thousand and 00 /100 Dollars) property damage. This shall indemnify the Owner for all claims
brought against it for bodily injury and property damage due to negligent or careless operations by
the Operator, and the Operator shall file a copy of this policy with the Owner or shall provide
Owner with a current and valid Certificate of Insurance. Owner shall maintain necessary fire, theft
and comprehensive insurance to cover its fixed assets. Property owned by Operator shall be insured by
it and Owner has no responsibility for any such loss.
12. Term - The term of this lease shall be for a period beginning on November 21, 1982, and lastin4
until June 20, 1983. Upon 60 days notice given by operator to owner prior to June 30, 1983, operator
may extend the term of this lease for an additional three years for the consideration provided for
in paragraph 20.
13. Other Fixed Base Operators - The terms and conditions of this agreement shall not prevent the
Owner from executing leases with other Fixed Base Operators as well as the United States Army, United
States Air Force, United States Navy or other federal agencies pertaining to governmental flying in
use of Harnett County Airport.
14. Force Majeure - If during this agreement, the United States Government or any governmental
agency acquires possession of the premises herein leased by virtue of any laws now in effect or which
may become effective during the term of this agreement, then this agreement at the option of the
Operator may be terminated or may be suspended for the period the Operator is deprived of the premises,
and thereafter the Operator may resume his tenancy and the agreement shall continue until the full
term thereof has been enjoyed by the Operator.
15. Alterations, Additions or Improvements - Operator must first obtain the approval of the
Owner before making any alterations, additions or improvements to or on the leased premises.
16. Effect of Other Agreements - Operator shall not enter into any transaction which would deprive
the Owner of any of the rights and powers necessary to perform all covenants of the Grant Agreements or
other obligations under various type agreements. It is understood by the Operator that this lease agree
ment is subordinate to the terms and conditions of all deeds and agreements between the Owner and the
United States relative to operations, maintenance and control of the airport.
17. Assignment and Subletting - This agreement may not be assigned or sublet by the Operator with-
out the prior written consent of the Owner.
18. Breach - Should either party violate any term or provision of this lease, the party not in
default may immediately terminate the lease, as provided for in paragraph 23.
19. Discrimination Prohibited - The operator for itself, successors in interest,and assigns, as
a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land
that (1) no persons on the grounds of race, color, or national origin shall be excluded from partici-
pation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said
facilities, (2) that in the construction of any improvements on, over, or under such land and the
furnishing of services thereon, no persons on the grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination,
(3) that the operator shall use the premises in compliance with all other requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of
Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may
be amended.
The operator itself, successors in interest, and assigns, as a part of the consideration here-
of, does hereby covenant and agree as a covenant running with the land that in the event facilities are
constructed, maintained, or otherwise operated on the said property described in this lease for a pur-
pose for which a Deaprtment of Transportation program or activity is extended or for another purpose
involving the provision of similar services or benefits, the operator shall maintain and operate such
facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code
of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally- assisted programs of the Deaprtment of Transportation- Effectuation of
Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended,
That in the event of breach of any of the above nondiscriMination covenants, owner shall
have the right to terminate the lease and to re-enter and repossess said land and the facilities there
on,and hold the, same as if said lease had never been made or issued. This provision shall not be
effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and
completed including exercise or expiration of appeal rights.
20. Consideration - Operator, in consideration of its services in establishing and opening the
shall not be charged any rent from the time of the formal opening ° of the Harnett County Air-
port by Owner for a period of one calendar year, said period to commence on November 21, 1981; however,
all telephon bills shall be paid by operator.
Por the period beginning November 21, 1982, until June 30, 1983, operator shall pay fifty
percent (50 %) of all utility costs of owner related to the demised portion of the premises plus all
telephone bills. Payment shall be remitted to the Owner as provided for below.
For an extended period July 1, 1983, until June 30, 1982, operator shall pay rent in
installments as provided for below in the total sume of $2,600.00 cash plus fifty percent (50 %),of all
utility cost to November 21, 1983, and thereafter all utility costs of owner related to the demised
portion of the airport premises.
For an extended period July 1, 1984, Until June 30, 1985, operator shall pay rent in install-
ments as provided for below in the total sume of $3,500.00 cash plus all utility costs of the owner
related to the demised` portion of the airport premises.
For an extended period July 1, 1985, until June 30, 1986, operator shall pay rent in
installments as provided for below in the total sum of $5,000.00 cash plus all utility costs of.the
owner related to the demised portion of the airport premises.
Payments for utilities shall be made as follows: On or before the 10th day of the month
following receipt of a utility bill from the owner for utilities related to the demised premises as
provided for above, operator shall remit payment of the amount due to the owner.
Installment payments for the case rent ($2,600.00, $3,500,00, and $5,000.00 for the respect-
ive three fiscal years of an extended period beginning July 1, 1983, and ending June 30, 1986) shall be
made in equal monthly payments beginning on July 10 of each fiscal year See paragraph 12 for
operator's option to extend this lease to include this three year period.
It is contemplated by the parties that rent payments provided for herein together with other
airport income and reimbursements, shall be sufficient to cover county operational expenses related
to the airport;.' that upon a showing of financial hardship by the operator, the parties may renegotiate
the lease rental payments established for an extended team of this lease.
In addition to the consideration recited above, operator shall, during the original term
and any extended terms provided for in paragraph 12, serve as the county's agent and oversee the
repair and maintenance of the landing field, runways, aprons, taxiways, sewage and water facilities,
flood lights, landing lights beacons, control towers, signals and conveniences for flying, landing,
takeoffs, including general supervision over the public works employees engaged in maintenance and
ā€˛repair activities; these expenses when authorized by owner, will be the owners expense.-
As further additional consideration for this lease, operator shall during the original term
or an extended term as provided for in paragraph 12, serve as the county's agent for the purpose of
prohibiting unauthorized aeronautical activities at the airport.
21. Owner /Airport Committee /County Manager /Operator Relationships. Owner has a duly appointed
airport committee and a county manager. Operator agrees to deal with the owner through the following
channels: first, through the Airport Committee when practicable; second, with the County Manager; and
third, with the Board of Commissioners. Alterations, additions or improvement to the airport, to be
paid for by the owner, are subject to the limitations and provisions made in the budget ordinance and
shall be subject to specific approval by the county manager.
22, Operator /Public Relations; Administrative Review by Airport Committee and Owner. - Any
person who excepts or objects to.the Operator's authority to prohibit unauthorized aeronautical
activities as provided for in paragraph 20, or, to other action taken by him pursuant to this Lease,
may appeal the Operator's decision to the Airport Committee.' The Airport Committee shall set a time
for hearing the appeal which time shall be no more than ten (10) days after notice of the dispute is
given to it by the aggrieved party or as soon thereafter as is practicable. After a decision is made
by the Airport Committee, either the Operator or the other aggrieved party may appeal within ten (10)
days thereafter to the Owner. The Owner shall hear the appeal at the first regular meeting of the
Board following receipt of a notice of appeal or as soon thereafter as practicable. The Operator's
decision on an issue shall be binding until the, time for appealing the Airport Committee's decision
has expired or until the Owner makes its decision regarding the matter, whichever first occurs. The
Operator is not an agent of the Onwer for any matter except as provided for in paragraph 20 and nothing
contained in this document shall be given that interpretation. Operator as a fixed base operator is an
independent contractor whose decisions, insofar as they affect the public and are made pursuant to
operator's rights under this lease, shall upon application of any person as provided for herein he
subject to administrative review by the Owner to determin whether or not federal, state and local laws
and regulations' are being followed and enforced by the operator. A failure by the operator to abide
by a final administrative order of either the airport' committee or the owner shall be a breach of this
lease. The administrative remedy set forth in this lease shall not be exclusive. If the Owner by
TAX SHELTER FOR
RETIREMENT
ordinance adopts either this procedure or an alternate procedure then such
ordinance may require exhaustion of administrative remedies before application
is made to the Court for relief. A notice shall be sufficient if actually
received or given by any method recognized by the North Carolina Rule of
Civil Procedure.
23. Termination - For a violation of the provisions of paragraph 19,
this lease shall terminate as provided for therein; otherwise, this lease
shall terminate upon breach of any other condition of this lease by either
party which remains uncured for more than thirty (30) days after written notifi
cation of breach by party not in default, immediately upon bankruptcy of the
Operator, or upon expiration, whichever first occurs, provided, however, this
lease shall terminate immediately upon more than one breach of the same
condition in this lease during any twelve month period ending on June 30. Upon
termination of the lease, the Operator agrees to immediately vacate said pre-
mises.
24. Special Termination Provision - The following described portion of
the demised premises may be terminated by the county without cause, upon
thirty days notice in writing by regular or certified mail addressed to Roberts
Aviation, Inc., P. 0. Box 1246, Buies Creek, North Carolina:
Being a 2.13 acre portion of Airport property lying south of the
existing terminal building and more particularly described as follows:
Starting at the concrete monument in the northern property line of
the Harnett County Airport, a common corner with R. D. Lee property and
D. E. Lassiter, Jr., property, and running thence South 80 deg. 54 min.
East 495.69 feet to the BEGINNING point and running thence South 45 deg.
East 200 feet to a corner (said corner located North 45 deg. West 350
feet from Station No. 42 + 25.5 of the airport runway); thence North
45 deg. West 200 feet to a corner; thence South 45 deg. West 465 feet to
a corner, and containing 2.13 acres, more or less. Said lands are a
portion of the airport property shown on a map entitled "Harnett County
Airport, Property Map, Exhibit A" recorded in Plat Cabinet 1, Slide 205,
Harnett County Registry.
25. Weather Reporting Equipment - Pursuant to Paragraph 13, Grant Agree-
ment between the North Carolina Department of Transportation and the owner,
owner delegates to operator the control, custody, care, use and operation of
weather reporting equipment on loan to owner and more particularly described
in said Grant Agreement; that the terms and conditions in said Grant Agreement
are incorporated herein by reference and are binding upon operator, its' agents
and employees.
EXECUTED IN DUPLICATE, this the 28th day of June, 1982.
ROBERTS AVIATION, INC.
C. E. Roberts, Jr., President
COUNTY OF HARNETT
s/ Jesse Alphin
Jesse Alphin, Chairman
Commissioner Brock moved for the adoption of the following
resolution to elect a tax shelter of employees' contributions
payable as members of the North Carolina Local Governmental
Employees' Retirement System, Commissioner Stewart seconded the
motion and it carried:
WHEREAS, the 1981 Session (1982 Regular Session) of the North Carolina
General Assembly, by a duly ratified bill effective July 1, 1982, enacted
North Carolina General Statute 128 -30 (bl), a copy of which is attached hereto,
which under the conditions specified therein permits an employer participating
in the North Carolina Local Governmental Employees' Retirement System to tax
shelter the contributions payable to this System by its employees who are
members of this System; and,
WHEREAS, this employer is an employer participating in the North
Carolina Local Governmental Employees' Retirement System with respect to its
eligible employees; and,
WHEREAS, this employer deems it desirable to tax shelter the contributions
payable by its employees as members of the North Carolina Local Governmental
Employees' Retirement System.
NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF CODM-tIS-
SIONERS in regular session, that as of June 28, 1982, the County of Harnett
elects pursuant to the provisions of North Carolina General Statute 128 -30 (bl)
to pick up and pay to the North Carolina Local Governmental Employees' Retire-
ment System the contributions which would be otherwise payable to this System
by its employees who are members of this System and to treat in all respects
such contributions in the manner specified in said North Carolina General
Statute 128 -30 (bl).
SUBDIVISION PLATS
'ATKINS CORNER
DAN HONEYCUTT
PROPERTY
HONEYCUTT
Subdivision' plats for Atkins Corner and the property of Dan
Honeycutt was presented, to the, Board for consideration. Several
questions were raised by the Board members as to whether or not
the buyer would be'informed by the seller if there were any prob-
lems with the lots concerning the location of a subsurface septic
tank. Following a lengthy discussion of.this matter, Commissioner
Shaw made a motion that, the subdivision plat for Atkins Corner
located at the junction of SR 1107, SR'1100, and SR "2014 be
approved since it was in compliance with the County's subdivision
ordinance. Commissioner Brock seconded the motion and it
carried.
Commissioner Shaw made a <motion that the subdivision plat which
is the property of Dan Honeycutt located in Neill's Creek
Township be approved, Commissioner Stewart seconded the motion
and it carried.
REQUEST FOR $12,500 M. H. Brock, County Manager, informed the Commissioners that
FROM HARNETT,PRO- the Harnett Productions Enterprises Advisory Board and the
DUCTION Association for Retarded Citizens had submitted a request to
the Board by letter asking the Board of Commissioners to allocate
$12,500 to the Harnett Production' Enterprises' program to be
used for transportation. The Board accepted this request for
consideration at a later date.
ADJOURNMENT
There being no further business, the Harnett County Board of
meeting of June 28, 1982, duly adjourned.
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9
Secretary
Ch. % "rma
Clerk
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