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HomeMy WebLinkAbout10191987 (2)412 HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, OCTOBER 19, 1987 The Harnett County Board of Commissioners met in regular session on Monday, October 19, 1987, at the County Office Building, Lillington, North Carolina, with the following members present: Rudy Collins, Bill Shaw, Mack Reid Hudson, and Chairman Lloyd G. Stewart presiding. Commissioner Mayo Smith was absent. Others present were: Dallas H. Pope, County Manager; Glenn Johnson, County Attorney, and Kay S. Blanchard, Recording Secretary. Chairman Stewart called the meeting to order at 7:10 p.m. Commissioner Hudson led the evening prayer. The minutes from the Board of Commissioners meeting of October 5, 1987 were approved. RESOL. RE: LOCAL Glenn Johnson, County Attorney, presented a resolution concerning the Local OPTION SALES TAX Option Sales Tax. Commissioner Hudson made a motion to approve the resolution. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated October 19, 1987, as document No. 1. RESOL. RE: COATS EMERGENCY AMB. $ RESCUE DISTRICT Glenn Johnson, County Attorney, presented a resolution concerning proposed Coats emergency ambulance and rescue district. Commissioner Hudson made a motion to approve the resolution. Commissioner Collins seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated October 19, 1987, as document No. 2. GRANT AGREEMENT Dallas H. Pope, County Manager, presented for approval, a grant agreement LAND RECORDS MAN. between Harnett County and North Carolina Department of Natural Resources and Community Development involving Land Records Management Program. Commissioner Shaw made a motion to approve the grant agreement. Commissioner Collins seconded the motion and it passed with a unanimous vote. The Grant Agreement is copied in full at the end of these minutes dated October 19, 1987, as document No. 3. U.S. MARSHAL'S Glenn Johnson, County Attorney, briefed the Board on update concerning OFFICE AGREEMENT agreement with U. S. Marshal's Office for holding federal prisoners in Harnett County jail facility and that the Marshal's Service had advised that they were unable to provide as part of the agreement, the provision which states "the federal government will indemnify and hold the local government harmless ". The Board discussed provisions of the agreement and decided not to pursue the proposed agreement until the Marshal's Service would agree to the indemnification and representation provision. TOTAL DATA SYSTEMS Dallas H. Pope, County Manager, presented for approval, an agreement with MAINTENANCE AGREE. Total Data Systems, Inc. for maintenance of hardware and software. Mr. Pope explained that currently the County is operating under the original purchase and maintenance agreement. Commissioner Shaw made a motion to approve the maintenance agreement. Commissioner Hudson seconded the motion and it passed with a unanimous vote. AMEND. TO SUBDIV. Dallas H. Pope, County Manager, presented for consideration an amendment to REGULATIONS. Subdivision Regulations Ordinance. Commissioner Shaw made a motion to approve the amendment. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The Ordinance Amending an Ordinance Entitled "Harnett County, North Carolina, Subdivision Regulations, April, 1977" is copied in full at the end of these minutes dated October 19, 1987, as document No. 4. BUDGET AMENDMENTS Dallas H. Pope, County Manager, requested a budget amendment for Public Utilities -Water Fund; Code 30- 8100 -054, Insurance & Bonds, decrease of $2,100. and Code 30- 8100 -074, Capital Outlay - Equipment, increase of $2,100. The transfer of funds is needed to purchase pick -up truck. Commissioner Shaw made a motion to approve the budget amendment. Commissioner Collins seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Youth Services.Commissioner Hudson made a motion to approve the budget amendment. Commissioner Collins seconded the motion and it passed with a unanimous vote. Code 10- 7730 -002 Code 11- 7730 -003 Code 10- 7730 -005 Code 10- 7730 -006 Code 10- 7730 -007 Code 10- 7730 -033 Salaries & Wages $ 9,717 Sal. & Wages,PT 11,070 FICA Tax Expense 96 Group Ins. Expense 1,044 Retirement Expense 614 Materials & Supplies 209 Decrease Increase Increase Decrease Decrease Increase Larry Knott, Operations Officer, Sheriff's Department, requested a budget amendment for the Jail operation; Code 10 -5120 -035, Laundry & Dry Cleaning, Increase of $6,000. Mr. Knott explained that this budget line item was underestimated for the year. Commissioner Collins made a motion to approve the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. 413 Monthly rcporto wcrc filcd with the Dotard flaw ti.. health Department end Social Services for the month of September. LEASE AGREEMENT Dallas H. Pope, County Manager, presented a resolution and lease agreement BUCKHORN MINI -SITE concerning garbage container site in Buckhorn Township. Commissioner Collins made a motion to approve the resolution and lease agreement. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution and lease agreement is copied in full at the end of these minutes dated October 19, 1987, as document No. 5. CTC ADV. COMM. Dallas H. Pope presented for approval, an updated list of members for Harnett County Advisory Committee for Central Carolina Technical College. Commissioner Collins made a motion to approve the updated list of members to be presented to Central Carolina Technical College Board of Directors. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The list of members is copied in full at the end of these minutes dated October 19, 1987, as document No. 6. SUBDIVISION PLATS Hal Owen, Planner /Developer, briefed the Board on provisions of the Harnett County Subdivision regulations which involved the procedures of recording plat and deeds in the Register of Deeds office. Carla Stephens, Planner /Developer, presented a subdivision plat for J.W. Brower located in Johnsonville Township. Commissioner Collins made a motion to approve the subdivision plat. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Carla Stephens, Planner /Developer, presented a subdivision plat for Oak Grove Subdivision located in Upper Little River Township,and owned by W.A.G. Corporation. Commissioner Collins made a motion to approve the subdivision plat. Commissioner Shaw seconded the motion and it passed with a unanimous vote. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners meeting of October 19, 1987, duly adjourned at 9:00 p.m. DOCUMENT NO. 1. L oy: G. Stewart, Chairman —7 /a ■INLG.attu Vanessa W. Young, Cler oth oard 10,— ..G/ a4 ] Kay $1C Blanchard, Recording Sec. A RESOLUTION REENACTING LOCAL GOVERNMENT SALES TAXES WITHIN HARNETT COUNTY WHEREAS, the North Carolina General Assembly authorized the levy of local government sales and use taxes through enactment of Chapter 77 of the 1971 Session Laws, codified as Article 39 of Chapter 105 of the General Statutes; Chapter 908 of the 1983 Session Laws, codified as Articles 40 and 41 of Chapter 105 of the General Statutes; and Chapter 906 of the 1985 Session Laws (Regular Session, 1986), codified as Article 42 of Chapter 105 of the General Statutes; and WHEREAS, these sales and use taxes authorized by the General Assembly have been levied in Harnett County by action of the Board of Commissioners acting pursuant to the authorizing legislation; and WHEREAS, enactment by the General Assembly of Chapter 832 of the 1987 Session Laws redefined the situs of a transaction for the purpose of collecting local government sales and use taxes, thus redefining the application of those taxes and requiring readoption.of these taxes by county board of commissioners; and WHEREAS, Section 10 of Chapter 832 of the 1987 Session Laws provides that failure to adopt expansion of the Local Government Sales and Use Tax Act will result in repeal of these taxes in Harnett County because they would be in- consistent with the scope of the levies authorized by Articles 39, 40, 41 and 42 of Chapter 105 of the General Statutes as amended; and WHEREAS, a public hearing was held on October 19, 1987 to consider the expansion of local government sales and use taxes authorized by Articles 39, 40, 41 and 42 of Chapter 105 of the General Statutes, and interested citizens presented their views to the Board of Commissioners; and 414 DOCUMENT NO. 2. WHEREAS, the Board of County Commissioners caused public notice of the 'public hearing to be given, as required by Section 9 of Chapter 832 of the 1987 Session Laws, at least ten days prior to the date of the hearing; and WHEREAS, the Board of .Commissioners of Harnett County does hereby find that adoption of the expansion of the Local Government Sales and Use Tax Act within Harnett County is both desirable and necessary to adequately finance the operation of the county and the cities and towns herein; NOW, THEREFORE, BE IT RESOLVED. by the Board of County Commissioners of Harnett County as follows: Section 1. The expansion of the Local Government Sales and Use Tax Act, as defined in Section 4 of Chapter 832 of the 1987 Session Laws, is hereby. adopted. The taxes hereby imposed and levied shall apply to the same extent and be subject to the same limitations as are set forth in Articles 39, 40, 41 and 42 of "Chapter 105 of the General Statutes, as amended. Section 2. Collection of the expanded Local Government Sales and Use Tax by the North Carolina Secretary of Revenue, and liability therefor, shall begin and continue on and after the.first day of March,'1988. Section 3. The net proceeds of the taxes levied herein shall be distributed by the Secretary of Revenue to Harnett County and the municipalities therein as prescribed by G.S. 105 -472, 486, 493 and 501. The amount distributed to,. Harnett County shall be divided among the county and the municipalities herein in accordance with the method previously selected by the Board of Commissioners of Harnett County in accordance with the provisions of G.S. 105 -472. Section 4. This Resolution is effective upon its adoption and a certified copy hereof shall be forwarded to the North Carolina Secretary of Revenue, pursuant to the provisions of Section 9 of Chapter 832 of the 1987 Session Laws. Adopted this day of , 1987. ATTEST: HARNETT COUNTY BOARD OF COMMISSIONERS s ew . , Chairman R E S O L U T I O N THAT WHEREAS, the Harnett County .Board of Commissioners has heretofore held a public hearing regarding a proposal to establish an emergency ambulance and rescue district within a portion of Harnett County which encompasses the Town of Coats and substantial portions of Grove Township at which a number of citizens of such proposed district appeared; and WHEREAS, the Harnett County Board of Commissioners has deter- mined that there is support for the establishment of such a district pursuant to the provisions of Article 16, Chapter 153A of the General Statutes of the State of North Carolina; and WHEREAS, it has heretofore been the policy of the Harnett County Board of Commissioners to submit to the qualified voters of such a proposed district the issue of whether or not a prop- erty tax should be imposed pursuant to the provisions of. said statute for the support of emergency ambulance and rescue service within said district; and WHEREAS, the Board of Commissioners has determined that a referendum on such issue should be held at which the qualified voters of such proposed district should vote upon the following 415 1 question, to wit: "Should Harnett County be authorized to levy annually a property tax at an effective rate not in excess of eight cents ($.08) on the One Hundred Dollars ($100.00) valuation in the proposed Coats -Grove Emergency Ambulance and Rescue Service District for the purpose of providing emergency ambulance and rescue service ? "; and WHEREAS, in order to conduct such a referendum the bound- aries of such proposed district must be established, those owning property therein must be determined from the tax records main- tained by the County of Harnett, proper notice must be given and other requirements must be met; NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that the County of Harnett, and its officials and employees, shall be and they are duly authorized and directed to take all action necessary in order to determine the boundaries of the proposed Coats -Grove Emergency Ambulance and Rescue Service District, to determine the identities of individuals own- ing property therein as appear from the tax records maintained by the County of Harnett, and to conduct a special property tax referendum at which the above set forth issue shall be submitted to the qualified voters of said district as required and provided by law. This o9'- day of October, 1987. ATTEST: Vanessa W. For, C »rk HARNETT COUNTY BOARD OF COMMISSIONERS By: Stewart, Chairman • Grant No. 88 -21 DOCUMENT NO. 3. Page 1 of 8 NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT LAND RECORDS MANAGEMENT PROGRAM STATE AND COUNTY AGREEMENT THIS AGREEMENT is entered into this Mt' day of COOUfi' 1987 by and between the North Carolina Department of Natural Resources and Community Development (hereinafter called NRCD) and the County of Harnett, a North Carolina municipal corporation (hereinafter called the "County "). WITHESSETII WHEREAS, Section 102 -15, of the North Carolina General Statutes empowers the NRCD to administer a program of technical and financial assistance for the improvement of county land records; and WHEREAS, the Land Records Management Grant Application dated July 14, 1987, prepared and submitted by the County, has been determined by NRCD to qualify the County for a grant award; and WHEREAS, the Secretary of the NRCD has awarded Land Records Management Grant No. 88 -21 in the amount of $10,000 from State matching funds to the County as financial assistance for the completion of the project described in said Grant Application; 416 -NOW, THEREFORE, the parties hereto mutually agree as follows: 1. County Engaged. The Land Records Management Program agrees to assist the County and the County agrees to perform the work and responsibilities as' more fully described in the Work Program appended hereto as Attachment A and hereby made a part of this Agreement as a complete and sufficient statement of the work encompassed by the Project Description in the Land Records Management Grant Application supporting Land Records Management Grant No. 88 -21. 2. General Responsibilities of the County. The County Government shall: (a) assume positive leadership to perform and carry out in a satisfactory and proper manner as determined by Land Records Management Program, all elements of the Work Program set forth in Attachment A; (b) engage, with the consent of Land Records Management Program, qualified contractors for all work not performed by county personnel; and (c) arrange periodic meetings of county officials, local representatives of the legal, surveying, and engineering professions and representatives of Land Records Management Program to review progress and consider such recommendations for action as may be required. Provision of Funds. To assist in financing the work covered by this Agreement, the County has been awarded a grant of State funds in the amount of $10,000. It is expressly understood that the County will match this State award with an expenditure of at least $10,000 of local tax revenues applied exclusively to the work covered by this Agreement. 4. Obligation of Grant Funds. Grant funds may not be obligated prior to the effective date or subsequent to the termination date of this Agreement. All obligations outstanding as of the termination date shall be liquidated within one year after the date specified unless otherwise extended by the State of North Carolina in writing. Such obligations must be related to goods or services provided and utilized within the effective period of this Agreement. The effective period of this Agreement is January 1, 1984 - June 30, 1989. 5. Changes or Extension of Document. The County or the Land Records Management Program may, from time to time determine that changes in the scope of work described in Attachment A will be necessary. Such changes affecting the nature of the work as well as the timing, methodology, and any increase or decrease in the amount of compensation due to the County shall be incorporated in written amendments to the contract which shall be mutually agreeable to the parties hereto and such agreement shall be endorsed thereon by authorized signatures. 6. Termination of Agreement for Convenience. Either the Land Records Management Program or the County may terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. 7. Termination of Agreement for Cause. If through any cause the County shall fail to fulfill in a timely and proper manner its obligations under this contract, or if the County shall violate any of the covenants or stipulations of this Agreement, the Land Records Management Program shall thereupon have the right to terminate this Agreement by giving written notice to the County of such termination and specifying the effective date thereof. Upon the County's receipt of such notification all work shall immediately cease and no further expenditures shall be claimed against this Agreement except for work already performed. 8. Equal Employment Opportunity. The County and any contractor covered by this Agreement shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin and shall take affirmative action to ensure equal opportunity in its employment practices. The County and any contractor shall state in its advertisements for employees that all qualified applications shall receive consideration for employment without regard to race, color, religion, sex or national origin. 417 9. Interest of Land Records Management Program Members and. Others. No employee of the Land Records Management Program, and no Member of its governing body, and no other public official of the governing body of the community in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall (a) participate in any decision relating to this Agreement which affects his or her personal interest or the interests of any corporation, partnership, or association in which he or she is directly or indirectly involved; or (b) have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 10. Access to Records. At any time during normal business hours and as often as the Land Records Management Program or the Department of State Auditor may deem necessary, the County shall make available to the Land Records Management Program or representatives of the Department of State Auditor for examination all of its records with respect to all matters covered by this Agreement and shall permit these agencies to audit, examine and make excerpts of transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment,and other data relating to all matters covered by this Agreement. 11. Retention of Records. The County shall retain all financial records, supporting documents, and other pertinent records related to expenditures against the grant received for a period of three years following the termination date of this Agreement. In the event such records are audited, all records shall be retained beyond the three -year period until audit findings have been resolved. 12. Audit Requirements. The County shall be responsible for an audit of the work performed under this Agreement with copies made available to Land Records Management Program upon request. The audit may be performed as part of the county's annual audit. 13. Periodic Reporting Requirements. The County shall prepare and submit to the Land Records Management Program quarterly progress reports, due in the Land Records Management Program no later than 10 days after the end of the quarter. Requisition for payment, according to the schedule established by this Agreement, shall be subject to authorization by the Land Records Management Program upon the basis of progress reports evidencing the satisfactory and timely completion of the work shown in Attachment A. 14. Compensation. The NRCD shall pay to the County an amount not to exceed $10,000 for the services identified in Attachment A upon the conditions set forth in Paragraph.16 hereto. 15. Indemnification. Notwithstanding any provisions of this Agreement, it is expressly agreed that: The County shall indemnify and save harmless the State of North Carolina and its employees, from and against any and all claims, demands, suits, judgments, settlements, etc., for sums of money for and on account of personal injuries, property damage, invasion of real property, or loss of life or property of any persons whether in contract or tort, as in any way connected with the performance of the project covered by this Agreement. Further, the County expressly releases the State of North Carolina from any liability or any losses or damages suffered by the County, directly or indirectly, from or in any way connected with the performance of this Agreement. 16. Method of Payment. Upon determination by the Land Records Management Program that the services identified in Attachment A have been satisfactorily completed, and Land Records Management Program shall notify the NRCD to pay the amount set forth in Paragraph 14. Such sum shall be paid in every case subject to receipt of a signed requisition for payment in connection with quarterly progress reports required under Paragraph 13. 418 County shall be paid in a lump sum or as progress payments by the NRCD. If all work specified for completion is not completed, payment shall be made on the basis of the percentage of work completed. Lump sum payments will be made only upon completion of all work and approval of the Land Records Management Program. 17. Designation and Employment of Contractor. To carry out the Work Program, Attachment A, of this Agreement, the County may utilize the services of its in -house staff or it may contract for the services to be performed therein with a private business or public agency. Prior to the execution of a contract, or the use of its in -house staff, the County shall provide the Land Records Management Program: (A) A resume of the Contractor for the project. (B) A. copy of the proposed contract between the County and the Contractor. (C) A work plan or schedule showing when the Deliverable Items covered by the contract are to be completed, as well as the cost for each Deliverable Item. 18. Availability of Funds. It is understood and agreed between the Contractor and the Agency that the payment of compensation specified in this agreement, its continuation or any renewal or extension thereof, is dependent upon and subject to the allocation and appropriation of funds to the Agency for the purposes set forth in this agreement. "ATTACHMENT A" WORE PROGRAM FOR COUNTY OF IIARNETT This Work Program is incorporated by reference hereto in the attached Agreement between North Carolina Department of NRCD and the above County and is made a part thereof. The grant award, which is subject of said Agreement, is being made contingent upon the performance of the following work: The County will prepare maps in conformance with the North Carolina "Technical Specifications for Base and Cadastral Maps," implement the PIN system, and automate its office. IN WITNESS WHEREOF, the NRCD and the County have executed this Agreement as of the first date written. ATTEST: DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT BY BY S. THOMAS RHODES TITLE Secretary of Natural Resources and Community Development ATTEST: HARNETT COUNTY BY ok. ,� ./ lL.�1Afig Cha rm n of the Board of County Commissioners DOCUMENT N0: 4. 1 419 ORDINANCE AMENDING AN ORDINANCE ENTITLED " HARNETT COUNTY, NORTH CAROLINA, SUBDIVISION REGULATIONS, APRIL, 1977" WHEREAS, This Board adopted on the 4th day of April, 1977, an ordinance entitled, "Harnett County, North Carolina, Subdivision Regulations, April, 1977 "; and WHEREAS, The Board is of the opinion that certain amendments are necessary to the clear and efficient working of the Ordinance. NOW THEREFORE, BE IT ORDAINED that Section 2.0 (116) of the Ordinance be amended to read as follows: SECTION 2.0 DEFINITIONS 16. Subdivision: A "subdivision" shall include all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose whether immediate or future, of sale or building development, and shall include all divisions of land involving the dedication of a new street or a change in existing streets; provided, however, that the following shall not be included within this definition nor be subject to the regulations authorized by this Ordinance. a. The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the County, as shown in this Subdivision Ordinance. b. The division of land into parcels greater than ten (10) acres where no street right -of -way dedication is involved. c. The public acquisition by purchase of strips of land for the widening or opening of streets. d. The division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right -of -way dedication is involved and where the resultant lots are equal to or exceed the standards of the County, as shown in this Subdivision Ordinance. e. The division of land among heirs or proposed heirs. Adopted this the 19th day of October, 1987. ATTEST: 4.1 U�O,w✓v� Vanessa W. Young, G erk the Board HARNETT COUNTY BOARD OF COMMISSIONERS L1byd R Stewart, Chairman 420 DOCUMENT NO. 5. NORTH CAROLINA, HARNETT COUNTY. THIS LEASE AGREEMENT, Made and entered into this _ day of October, 1987, by and between ODELL F. HARDEE and wife, RUBY POWELL HARDEE, parties of the first part, Lessor (whether one or more parties), and the COUNTY OF HARNETT, a body politic and corporate organized and existing under the laws of the State of North Carolina, party of the second part, Lessee: W I T N E S S E T II That in consideration of their mutual promises and understandings herein, the Lessor does hereby let, lease and demise to. Lessee, and Lessee does hereby accept as tenant of the Lessor, upon the terms and conditions hereinafter set forth,. a certain lot of land situate in Buckhorn Township, Harnett County, North Carolina, and described as follows: BEGINNING at a point in the center line of State Road 1403, said point being the northwesternmost corner of the 37.094 acre tract shown on the map entitled "Surveyed and Mapped for Odell F. Hardee" dated November 16, 1984 by Thomas Lester Stancil, and runs thence as a dividing line with the property owned now or formerly by W. E. Hardee, South 82 degrees, 01 minutes, 12 seconds East 250 feet to a point; thence a new line in a southeasterly direction, said line running approximately South 15 degrees East a distance of approximately 385 feet to a point in the dividing line between the tract from which this parcel is cut and the property owned now or formerly by Odell F. Hardee and Verna H. Parrish, located South 84 degrees, 00 minutes, 00 seconds East 250 feet from the southwesternmost corner of the above referenced 37.094 acre tract in the center line of State Road 1403;. thence along the dividing line between said 37.094 acre tract and the Hardee and Parrish tract North 84 degrees, 00 minutes, 00 seconds West 250.feet to a point in the center line of State Road 1403; thence along and with the center line of State Road 1403 the following courses and distances, to wit: North 11 degrees, 29 minutes, 33 seconds West 142.40 feet, North 13 degrees, 00 minutes, 50 seconds West 49.90 feet, North 15 degrees, 37 minutes, 01 seconds West 49.90 feet, North 19 degrees, 12 minutes, 35 seconds West 49.89 feet, North 23 degrees, 48 minutes, 30 seconds West 49.88 feet and North 29 degrees, 23 minutes, 45 seconds West 43.64 feet to the point and place of BEGINNING, and being a parcel of property which is approximately trapezoidal in shape containing 2.21 acres, more or less. For further reference see deed recorded in Book 591, Page 153, Harnett County Registry. TO HAVE AND TO HOLD said lands unto Lessee for the term and upon the 'conditions herein set forth, to wit: 1. This lease shall exist and continue for a term of five (5) years from the date hereof unless sooner terminated as herein provided. The Lessee shall have the option to renew this lease for an additional tens of five (5) years upon the same terms and conditions set out herein, except that the least amount 'shall be renegotiated. The Lessee herewith pays to the Lessor the sum of One Thousand Two Hundred Dollars ($1,200.00), receipt of which is hereby acknowledged by Lessor, for said five (5) year term. The option to extend may be exercised at • any time prior to expiration of the original term by the Lessee tendering pay- ment of an amount to be mutually agreed upon by the respective parties at such time. 2. Said lands are being leased to Lessee for use as a containerized garbage facility and Lessee covenants that said property will not be used for any other purpose. 3. Lessee shall not have any right to assign this lease or sublet any part of the herein demised premises and if Lessee shall cease to use said property for the purposes herein mentioned prior to the expiration of the lease term said lease shall hereupon automatically terminate and expire and Lessee shall have no further rights hereunder. 4. Lessee shall be solely responsible for all expenses incurred in . maintaining the leased premises for use as a containerized garbage facility. Lessee covenants that in maintaining said leased premises for such purpose it will: 421 a. Not use any of the dirt on the leased premises as fill dirt or for any other purpose and Lessee will obtain elsewhere all dirt and other materials required to maintain said containerized garbage facility including ramps, unloading areas and surfacing material for the access area and roadway; and b. Clear the leased premises to the extent necessary in utilizing said containerized garbage facility and remove and haul away from said leased premises and the adjoining lands of Lessors all vegetation, trees, bushes, stumps and other material cut down, upset, destroyed or otherwise damaged in maintaining said facility. Lessee covenants that it will not cut or damage any more standing timber on said premises than is reasonably necessary for the proper maintenance of said facility. 5. Lessee will exercise all reasonable care and precaution to prevent garbage, paper, trash, litter or other material placed in the garbage con- tainers or carried to the garbage facility from being blown or otherwise carried to or deposited upon the adjoining lands. In the event any such garbage, trash, paper, litter or other material shall be blown onto, or otherwise get onto the adjoining lands, Lessee will forthwith and at its sole expense collect, clean up and remove the same from said adjoining lands. 6. Lessee covenants and agrees that it will keep and maintain premises in a sanitary condition in compliance with standards set by State law as amended or changed from time to time and further covenants that it will empty or cause to be emptied the garbage containers placed on the demised premises at least once each week and more often and as frequently as may be necessary to prevent said containers from overflowing. 7. Lessee will take all reasonable care and precaution to prevent any fires from being started on the leased premises or in the containers placed on the leased premises and shall be responsible for and shall reimburse Lessor for any and all damages which Lessor and their adjoining lands may suffer as a result of any fire which starts on the leased premises or gets onto the adjoining lands of Lessor as a result of anything done or failed to be done upon said leased premises by Lessee or any person using said leased premises and the garbage facility thereon. 8. Lessee covenants that upon the termination of this lease, it will forthwith clean up the leased premises, remove therefrom all garbage, paper, trash, litter or other material which has been placed upon or which has accumulated on said lands and will likewise dismantle and remove from said demised premises all structures, building materials, equipment and other property which has been placed on said demised premises. 9. This lease shall be binding upon the heirs, successors and assigns of the parties. 10. It is understood that the term Lessor shall mean "Lessors" when there are two (2) or more lessors named. IN WITNESS WHEREOF, the parties of the first part have hereunto set their respective hands and seals and the County of Harnett has caused this lease to be executed in its name by its appropriate officers, all by authority of a resolution duly adopted by the Board of Commissioners of Harnett County. CP e4 (SEAL) Odel F. Hard -e ��"��y'�J�;' 6)411/416 oly�- 92GQ-r-2_(SEAL). Ruby Powell Hardee. COUNTY OF HARNETT 1 � BYE �l.i, L• Cha rm.','Harnett County Board of Commissioners Clerk, Harnett County B Commissioners DATE APPOINTED Oct. 19, 1987 Oct. 19, 1987 Oct. 19, 1987 Oct. 19, 1987 Oct. 19, 1987 Oct. 19, 1987 Oct. 19, 1987 Oct. 19, 1987 Oct. 19, 1987. Oct. 19, 1987 Oct. 19, 1987 CENTRAL CAROLINA TECHNICAL COLLEGE HARNETT COUNTY ADVISORY COMMITTEE NAME AND ADDRESS Donald H. Damon Harnett County Schools Rt. 3, Box 290 Lillington, N. C. 27546 Donald Kelly P. O. Box 665 Lillington, N. C. 27546 Sam Miriello. 204 Marlowe Drive P. 0. Box 906 Dunn, N. C. 28334 Harrington Morrison P. 0. Box 845 Lillington, N. C. 27546 Dallas H. Pope Harnett County Manager P. 0. Box 759 Lillington, N. C. 27546 Bill Shaw Shaw Construction Co. Rt. 1, Box 529 Spring. Lake, N. C. 28390 Graham Stewart, Training Manager Burlington Industries 106 East C St. Erwin, N. C. 28339 Ms. Melinda Mullins P. O. Box 4 Kipling, N. C. 27543 Frank Upchurch .. Campbell University P. O. Box 337 Buies Creek, N. C. 27506 Nelson Currin Currin 5 Dorman P. O. Box 419 Coats, N. C. 27521 Ms. Louise Bruckner Employment Security Commission 101 N. Magnolia Avenue Dunn, N. C. 28334 PHONE NUMBER 893 -2019 B 893 -2340 H 893 -3369 H 892 -3101 B 892 -9362 H TERM TERM EXPIRES 3 yrs. 3 yrs. Sept. 1990 3 yrs. Sept. 1989 Sept. 1988 893 -3270 B 3 yrs.- Sept. 1989 893 -4681 H. 893 -2091 B 893-8708 H 893 -5723 H 893 -4322 B 897 -8111 Ext. 120 B .897 -8850 H 552 -6300 11 893 -4111 B 897 -5676 B 892-8173 B 892 -7629 H Ex- Officio 3 yrs. Sept. 1990. 3 yrs. Sept. 1989 3 yrs. Sept. 1990 3 yrs. Sept. 1989 3 yrs. Sept. 1988 3 yrs. Sept. 1990