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HomeMy WebLinkAbout01201986HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, JANUARY 20, 1986 t 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 676 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 1 '1. 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. 1 68 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 686 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