Loading...
HomeMy WebLinkAbout0204196355 FEBRUARY 4th. 1963 The Board of Commissioners met in regular session on Monday, February 4th., with all members present. Also present were the County Attorney, the Clerk to the ! Board and the County Auditor, The Following Reports Were Presented and Filed: Clerk Recorder1s Court Clerk Superior Court Register of Deeds Tax Collector Veterans Service Officer Dog Warden County Electrical Inspector n n n Sheriffs Office Kyle Harrington Elizabeth F. Matthews Inez Harrington D P Ray Jean Maness Ken Black B H Sellers Roy Godwin W. H. Stewart Commissioner Byrd moved, seconded by Commissioner Barefoot, that the Civil Defense Director will:make and submit specifications for bids for communication; programs in the county. Motion carried The Board ordered that Ted L. Allred 607 N. Davis Avenue, Dunn, be refunded the sum of $ 7.36 taxes for year 1962 paid by him by error of double listing. The Board ordered that J. G. Layton Estate be refunded the sum of $ 16.56 taxes for year 1961, and 62 listed by error of double listing. The Following Road Petitions Were Approved: (1) To add to the secondary road system that road in Barbecue 'Township known as Gordon Cameron Road which rues from Road # 1217 to Road # 1215 and is 9/10 miles in length. Petitinn mailed (2) To add to secondary road system that road in Black River Township which leads off Road # 1500 about 4 miles east of Angier known as Angier Benson road in southerly direction and is 3/4 miles Petition mailed (3) To improve and make all weather road that road which runs N. C. # 27 -2003 to join Road 2004 in Grove Township a distance of 5/10 mile Petition mailed Pubic Official Bond Approved: St. Paul Fire and Marine Insurance Company St. Paul, Minnesota Bond # 400AN 4265 KNOW ALL MEN BY THESE PRESENTS: (James Calvin. Raynor) That James Calvin Raynor of Spring Lake, State of North Carolina, (hereinafter called the Principal) and the St. Paul Fire And Marine Insurance Company (herein- after oalled the Surety) a corporation organized under the laws of the Commonwealth of Minnesota, with its principal office inthe City of St. Paul and the State'of Minnesota are held and firmly bm nd unto HarnettCounty, Lillington, North Carolina (hereinafter called the Obligee) inthe sum of One Thousand and no /100 Dollars ($1,000.00) for the payment whereof to the Obligee the Principal binds himself,his hears, executors, administrators and assigns, and the Surety binds itself, its successors and assigns jointly and severally, firmly by these presents. Signed, sealed, and dated this 16th. day of January, 1963. Whereas, the above -named Principal has been duly appointed or elected to the office of Constable Now. Therefore, the condition of the foregoing obligation is such that if the Principal shallduring the period beginning on the 8th. day of Jan. 1963, and ending on the 8th. day of January 1964 faithfully perform such duties as may be imposed on him by law and shall honestly account for all money that may come into his hands in his official capacity during such period then this obligation khall be void, otherwise it shall remain in force. • This bond is executed by the Surety upon the following express conditions, whioh shall be conditions precedent to the right of recovery hereunder: li FIRST: That the Surety may, if it shall so elect, cancel this Bond by giving thirty (30) days notice in writing to Harnett County, Lillington North Carolina, and this Bond shall be come canoe ed a the expiration of said thirty (30) days,.the Surety remaining liable; however, subject to all the terms, con - ditions and provisions of this Bond, for any act or acts covered by this Bond Which may have been committed by the Principal up,to the date of such cancelation, and the Surety shall, upon surrender of this Bpnnd and"its release from all liability hereunder, refund the premium paid, less a pro rata part thereof for the time this Bond shall have been in force. SECOND: That the Surety shall not be liable hereunder for the loss of any public moneys or funds occuring through or resulting from failure of, or default in payment by, any banks or depositories in which any public moneys or funds have been deposited -or may be deposited by or placed to the credit, or.under control of the Principal, whether or not such banks or depositories were or may be selected or est designated by the Principal or by other persons; -or by reason of the allowance to, or acceptance by the Principal of any interest on said public moneys, or funds, any law, decision, ordinance or statute to the contrary notwithstanding. THIRD :. That .the Surety. shall not be liable for any loss or losses, resulting from the failure of the Principal to collect any taxes, license, levies, assess- ments, etc. with the collection of which he may be chargeable by reason of his election or appointment as aforesaid Witness: Ruby T. Currirn, (as to the Principal) James Calvin Raynor Principal St. Paul Fire and Marine Insurance Company -By: R. Wayne Reynolds Attorney -in -fact (Corporate Seal) Upon recommendation of the Publio:Welfare Board of Harnett County the Board of Commissioners appointed M. 0. Lee,_as Welfare Attorney for Harnett County at a salary of $100.00 per month to begin his duty as of February 1st. 1963, through June 30th, 1963. -Commissioner Barefoot moved seconded by Commissioner Warren, that Ken Black, Dog Warden, be allowed $15.00 per month additional travel expense to begin February 1st. 1963. Motion carried. Commissioner Cameron moved, seconded by Commissioner Warren that the resignation of Bernice F. Temple, Rural Policeman, be accepted as of January' 31st. 1963. Motion carried, Commissioner Cameron moved, seconded by Commissioner Warren, that Kyle Harrington, Clerk Recorders Court, be authorized to add an additional clerk in the Clerk of Recorders Court office at a salary of $200.00 per month. Motion carried. The Following Jurors Were Beginning March 18th. 1963. 1. R H Morgan 2. J M Waddell 3. Neill Black 4. Bruce E.1ope 5. J H Williams 6. Wilbert Carr 7. R B Waddell 8. Grady C. Matthews 9. Charles Edward Matthews 10. Robert R.-Mason 11. Fred M. .Cameron 12. D 0 Matthews 13. Robert H. Mitchell 14. A W Mason 15. Clayburn Butts 16. WLLee • 17. Bobby F. Parker 18. A B Sherman`= 19. Cline- 'Horne 20. R C Lawrence 21. Lloyd Reid Johnson Drawn For Criminal Term-o Buies Creek Lillington Lillington Dunn # 1} Dunn Dunn Sanford # 8 Lillington # 1 Lillington # 1 Lillington # 3 Cameron # 2 Angier # 2 Buies Creek Linden # 1 Angier # 2 Fuquay # 2 Dunn Lillington Dunn Angier .# 2 Lillington # 1 Superior Court Neills Creek Lillington Lillington Averasboro Averasboro Averasboro Johnsonville Neills Creek Neills Creek Upper Little River Johnsonville. Neills Creek Neills Creek Anderson Creek Rallis Creek Hectors Creek Averasboro Lillington Averasboro Neills Creek Neills Creek 57 Edson at t hews r Hudson 36; ` $arefoot 39. Wayt.on C. Bryant 40. Michael R. Johnson 41. Henry C. Tew 42. Gene B. Johnson 43. Harold E. Jernigan 44. J -W Herring 45. James Franklin Jernigan Lillington # 1 Broadway # 1 Angier # 2 Flamers Dunn Lillington Bunnlevel Bunnlevel # 1 Dunn Dunn # 3 Erwin Erwin Dunn Dunn # 3 Dunn # 1 Dunn Dunn # 2 Dunn Dunn Dunn # 2 Erwin Dunn Dunn Dunn Meills Creek Upper Little River Black River Upper Little River Averasboro Lillington Stewarts Creek Anderson Creek Averasboro Averasboro Duke Duke Averasboro Averasboro Averasboro Averasboro Averasboro Averasboro Averasboro Averasboro Duke Averasboro Averasboro Averasboro Commissioner Cameron offered the following resolution: THAT WHEREAS, the Congress of the United States has enacted legislation to encourage public works programs in certain localities which said act is generally referred to as * The Accelerated Public Works Programs'; and WHEREAS, said legislation has been enacted to assist local governmental agencies to alleviate unemployment and other depressed conditions which exist in certain areas that qualify under the provisions of said act; and WHEREAS, Ham ett County has not been designated as a qualified area under the 'Accelerated Public Works Law'; and WHEREAS, the Board of County Commissioners of Harnett County feel that the County was inadvertently omitted or that it was omitted for lack of suffidient facts pertaining to the unemployment situation in Harnett County, one of the pri- mary reasons for the County failing to show a high degree of unemployment that exists being that many people in Harnett County are employed on seasonal work and quite often on projects that are not covered by unemployment insurance and that, therefore, these people though unemployed do not appear on any statistical report; and WHEREAS, the Board of County Commissioners of Harnett County feel that a more comprehensive survey of the employment situation in Harnett County would reveal a substantial unemployment situation that would qualify the county and the various municipalities in said County to participate in the above referred to program; and WHEREAS, the Board of County Commissioners is desirous of having the necessary agencies of the federal government reappraise Harnett County for the purpose of determining whether or not under a new survey the County qualifies for assistance under said program. And, Be It Further Resolved, that a copy of the forego h g resolution be forwarded. to Honorable Sam Ervin, Jr. United States Senator, Honorable Everette Jordan, United States Senator and the Honorable David Henderson, Congressman of the Third Congress- ional District to the end that their assistance may be secured in the determination of of the matters involved in the foregoing resolution. The resolution was duly seconded by Worth L. Byrd, Commissioner, and unanimously adopted. State Of North Carolina County of Harnett PERMORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That I, Ottis E. Harvell, of Montgomery County, State of North Carolina, am held and firmly bound unto the County of Harnett, a political subdivision of the State of North Carolina, hereinafter referred to as "County" in the sum of Five Thousand and no /100 Dollars ($5,000.00) ......... .. . 58 for the payment whereof, I, the said Ottis E. Harvell, bind myself, my heirs, executors, administrators and assigns: firmly, by these presents._ Whereas, I, the said Ottis E. Harvell, have by means of a written agreement,: dated October 15, 1962, entered into a contract and agreement with the County of Harnett to furnish my services and qualified.experienced appraisers to advise with, aid and assistnthe Bounty Supervisor of Taxation and the List--Takers and Assessors in the respective. in Harnett County in the appraisal and revaluation of all taxable property situated-in the County according to,th e'specifi- cations as set out in said contract; and to advise -with and assist the Harnett County Board of Equalization and Review in arriving at tin true value in,money of all taxable property in the County, a copy of which contract and agreement is by reference, made a part hereof; Now, therefore, -the condition of this obligation is such that if -1, the said Ottis E. Harvell, shall faithfully perform the contract and agreement on my .. part and shall fully indemnify and save harmless the County from 'all cost and damage Which it may suffer by reason of failure so to do, and shall fully reimburse. and repay the County all outlay and expense which the County may incur in making good any such default. Then this obligation shall be null and void, otherwise it shall remain, in full force and effect. But it is expressly understood and agreed that all liability of the said Ottis E. Harvell under this obligation shall be subject to and limited by the following conditions: Firsts That in the event the County claims any default on the part of the said Ottis E. Harvell in the performance of any of the terms, stipulations-or conditions of said contract, he shall be given written notice'thereof by the County together with a verified statement of the particular facts constituting such default, with the date thereof, within ten (10) days after the discovery of such default. Seconds That no action of other legal proceedings of any kind shall -be brought or instipted against the said Ottis E. Harvell Uponor by reason of any such default7thgroompletion of the work outlined in said contract to be by him performed, and the last payment of his compensation theref.(r, and the acceptance of the work as completed by the County. Thirds That -the said.Ottis E. Harvell shall not be liable for any loss or damage resulting from. an act of'God, or from mob, riot,'oinil commotion, or a public enemy; nor will he be liable for any loss or damage resulting from physical disability or death on his part, it being agreed that he shall not be- liable if he is unable to perform, or complete the performance, of his duties under said contract,-because of injury, sickness, or death. Fourth: That any alterations which may be made in the terms of the contract, or in the work to be done under it,.or the giving by the County-of any extension of time for the performance otl;the- contract, or any other forebearance on the part of either the County or Ottis E. Harvell to the other shall not.in'any way release the said Ottis E. Harvell, his heirs, executors, administrators or assigns from his liability hereunder. In lieu of a surety on this performance bond, there is, in conjunction herewith, being assigned to the County of Harnett 633.848 shares in Investors Mutual, Inc. represented by Certificate Number 285018 and Certificate Number 509217 by separate assignment contract of the'Ame same date as this indenture, and made a part here- of by this reference the same as if fully set out herein. Signed and Sealed this the 4th. day of February, 1963. . William T. Allen Witness Ottis E. Harvell, being first duly "sworn, freeholder and resident of Montgomery County, Thousand and no /100 over and above all his liabilities and legal Sworn to and subscribed before me this the 4 day of February, 1963. Elizabeth F. Matthews Clerk of the Superior Court Ottis E. Harvell (Seal) deposes an] -says that he is a North Carolina, and worth Ten Dollars - -- ($10,000.00) exemptions allowed by law. Ottis E. Harvell (Seal) 1 59 STATE OF NORTH CAROLINA COUNTY OF MONTGOMERY This Indenture, made this the 5th. day ofJanuary, 1963, by and between Ottis E. Harvell, as Trustee for Mae T. ]Harvell, and Mae T. Harvell, in her own right, of Montgomery County, State of North Carolina, parties of the first part; and the County of Harnett, a political subdivision of the State of North Carolina, herein- after referred to as "County ", party of the seoondpart; WITNESSETH: That whereas, Ottis E. Harvell has this date executed to the County of Harnett a performance bond in the amount of Five Thousand And No /100 Dollars ($5000.00), for the proper performance on his part of a contract and agreement entered into with the County of Harnett on the 15th day of October, 1962, to furnish his services and qualified experienced appraisers to advise with, aid and assist the County Supervisor of Taxation and the List Takers and Assessors in the respective townships in Harnett County in the appraisal and revaluation of all taxable property situated in the County a000rding to the speoifications as set out in said contract; and to advise with and assist the Harnett County Board of Equal- ization and Review in arriving at the true value in money of all taxable property in the County; And Whereas, as a condition precedent to the accepting of said performance bond, without a surety, the County required additional security for the performance of said contract, and agreed to accept as said additional security, and as a part of said bond, a pledge of shares of Investors Mutual, Inc. represented by Certifi- cate Number 285018, Account Number 278134, issued to Ottis E. Harvell as Trustee for Mae T. Harvell, for 196.464 shares, and Certificate Number 509217 represented by Account Number 017 - 278134 issued to Ottis E. Harvell as Trustee for Mae T. Harvell, for 437.384 shares; and the parties of the first part, being the owners thereof, have agreed to pledge said shares in Investors Mutual, Inc. in accordance with the requirements of the County: Now therefore, in consideration of tie premises and the sum of One Dollar ($1.00) paid by the party of the second part to the parties of the first part, the receipt of which is hereby acknowledged, the parties of the first part do hereby set over, transfer, and oonvey unto the party of the secondpart, its successors and assigns, the following shares of Investors Mutual, Inc.: 196.464 Shaves in Investors Mutual, Inc. represented by Certificate Number 285018, Account Number 278134, and 437.384 Shares in Investors Mutual, Inc. represented by Certificate Number 509217, Account Number 017 - 278134 • But this assignment is made upon this special trust, that if the performance bond hereinbefore described is fully complied with, and the contract for which same is given to secure is fully completed to the satisfaction of the County, a000rding to the terms and provisions thereof, and if the said Ottis E. Harvell shall perform or cause to be performed all of the conditions, terms, and provisions of said performance bond, and said contract, then, and in that event, this indenture shall terminate and become void and the shares in Investors Mutual, Inc. represented by the Certificates hereinbefore described, and the Account Numbers hereinbefore set out, shall be returned to the parties of the first part. But if default shall be made in the payment of said bond or in the performance of said contract, according to the terms and oonditions thereof, then, in either of said events, it shall be lawful for theparty of the seoondpart, its successors and assigns, to sell at public or private sale under this indenture the shares of In- vestors Mutual, Inc. hereby assigned, or at its election, to cash in so much thereof as may be necessary for the satisfaction of any amount due on said performance bond, any residue remaining thereafter to be paid to, or to remain the property of the parties of the first part or their legal representatives. In connection with this indenture the parties of the first part have endorsed the Certificates of shares hereinabove described in blank and delivered the same to the party of the second part to be held in accordance with the terms and provision of this indenture. Upon full compliance with the performanoe bond, and the con- tract, said signed certificates shall be returned to the parties of the fist part hereto. Mae T. Harvell has joined in the execution of this indenture as the beneficiary of said Investors Mutual, Inc. shares represented by the Certificates and Account Numbers hereinbefore described. IN TESTIMONY WHEREOF, the parties of the first part have hereunto set their hands and seals this the day and year first above written. Ottis E. Harvell Trustee for Mae T. Harvell Mae T. Harvell (Seal) (Seal) 6O STATE OF NORTH CAROLINA COUNTY OF HARNETT I, Elizabeth F. Mat do hereby certify that appeared before me thi instrument. Let the s thews, Clerk Superior Court, in and for said County sad State, Ottis"E. Harvell, as Trustee for Mae T. Harvell, personally a ,day and aaknowledged.the due•exeeution of the foregoing - ame with this certificate be registered.. Witness my hand and notarial seal this the 4th, day of February, 1963. Elizabeth F. Matthews Clerk Superior Court Harnett. County, N. C. STATE OF NORTH CAROLINA COUNTY OF MONTGOMERY I, Charles M. Johiison,: Clerk lof the. Superior Court of Montgomery County, do hereby.certify that Mae T. Harvell, wife of Ottis E.. Harvell, personally appeared before me this day and acknowledged the due execution of the foregoing . instrument; and the said Mae T. Harvell, being by me privately examined, separate and apart from her said husband, touching her voluntary execution of the same, does state she signed the same freely and voluntarily, without fear or compulsion of her said husband, or any other person, and that she does .still voluntarily assent thereto. And 1 do further certify that it has been made to appear to my satisfaction and I do find as a fact, that the same is not unreasonable or injurious to her. Witness my hand and official seal, this 5th, day of (January, 1963, Charles M. Johnson Clerk Superior Court of Montgomery County The Board recessed to reconvene on Monday, February llth. at 7 :00 P. M. Clerk to Board Chairman