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HomeMy WebLinkAbout11061939129 A regular meeting of the Board of Commiss North Carolina, was held at the courthouse in usual place of meeting on November 6, 1939 at Presnet: Chairman J.B.Ennis, and Commiss R.L.Page and F.D.Jackson. Absent: None. November 6th. 1939. loners for the County of Harnett, Lillington, North Carolina,the 10 O'clock A.M. loners L.R.Byrd, A.A.Cameron, Commissioner F.D.Jackson introduced the following resolution which was read and is as follows: RESOLUTION CONCERNING THE CANCELLATION OF $14,000 BONDS AND THE RATIFICATION OF ADVERTISEMENT CALLING FOR BIDS UPON $26,000 REFUNDING SCHOOL BONDS. Whereas at an adjourned regular meeting of the Board of Commissioners for the County of Harnett, North Carolina, held at the courthouse in Lillington, N.C. on September 13, 1939 at the expiration of the recess of the regular meeting of said Board which was held on September 4, 1939, it being the first Monday of said month, and at which Meeting all members of the Board of Commissioners were present, the said Board of Commissioners caused to be introduced a bond order providing for the issuance of $40,000. of County of Harnett, North Carolina, Refunding Sbhool Bonds, as will appear by reference to Minute Book No. 7, pages 81, 82 and 83, wherein is recorded the proceedings of the said Board at its said meeting; and Whereas, publication of the said bond order was had as prescribed by law; and Whereas, an adjourned regular meeting of the said Board of Commissioners for the County of Harnett, N.C. was held at the courthouse in Lillington, N.C. on September 25, 1939 in keeping with the expiration of the recesss taken by said Board on September 13, 1939, at which all members of the said Board were present, and voted for, and unanimously adopted the said bond order on its final passage as appears of record in Minute Book No. 7, pages 84, 85, 86 and 87, wherein appears the permanent record of the said proceedings in respect of the final adoption of the said bond order; and Whereas, publication of the said bond order as finally adopted was made as prescribed by law, and the said Board caused the Local Govenment Commission of North Carolina to advertise for sale the said $40,000 of County of Harnett, North Carolina, Refunding School Bonds; and Whereas, the maturities of the said proposed Refunding School Bonds were fixed by a resolution also adopted on September 25, 1939, the first $14,000 of the said issue to mature as follows: $2,000 on March 1, 1941; $2,000 on March 1, 1942; $5,000 on March 1, 1945; and $5,000 on March 1, 1946; and Whereas, it has now come to the attention of the Board of Commissioners for the County of Harnett that $12,000 School Bonds of Lillington High School District and $2,000 School Building Bonds of Coats School District, dated Oct. 1, 1919 and maturing October 1, 1939, which bonds are included in the original issues to be refunded by the issuance of the said $40,000 County of Harnett Refunding School Bonds, are held by the General Sinking Fund of the County of Harnett, North Carolina, and should not, and may not, lawfully be refunded; and Whereas, the totalamount of the said $40,000 of County of Harnett, North Carolina, Refunding School Bonds, Which may be lawfully refunded is $26,000.00; Whereas, the County of H ^r nett decided to sell only $26,000 of the said $40,000 of its Refunding School Bonds hereinabove referred to and to cause to be cancelled the $14,000 of bonds of the original issues which it holds in its General Sinking Fund, thereby liquidating the full indebtedness of 440,000 of the original issues; and Whereas, reducing the amount of bonds to be issued to $26,000 will not prejudice the rights of any taxpayer or creditor of the County of Harnett; and Whereas, the issue of $40,000 of Harnett County Refunding School Bonds was advertised for sale by the Local Government Commission, asking for bids on October 17, 1939, and subsequently the reduced issue of $26,000 bonds was advertised for sale by said Commission asking for bids on October 24, 1939; Now, therefore, BE IT RESOLVED by the Board of Commissioners for the County of Harnett that the action of the Local Government Commission of North Carolina in advertising only $26,000 of County of Harnett, North Carolina, Refunding School Bonds of the issue of $40,000 of said bonds heretofore authorized and as referred 130 to in the preambles of this resolution, with the maturity dates of said bonds as followss: March 1 of each year $5,000 1947, $5,000 1948, $3,000 1949, $3,000 1950, $5,000 1952 and $5,000 1953, without option of prior payment, be and the same is hereby ratified and confirmed. BF TT FURTHER RESOLVED that the County AEcountant shall deliver to the Local `government Commission of North Carolina, to be cancelled by it or under its direction, the $12,000 School Bonds of Lillington;High School District, dated October 1, 1919 and maturing October 1, 1939, and the $2,000 School Building Bonds of Coats School District, dated October 1, 1919 and maturing October 1, 1939, now held by the General Sinking Fund of the County of Harnett. BE IT FURTHER RESOLVED that the County of Harnett do not issue, execute or sell the $14,000 of its $40,000 of Refunding School Bonds heretofore authorized and as referred to in this resolution, the said $14,000 bonds to be not issued being the bonds which were authorized to refund a like amount of bonds now held in the General Sinking Fund of Harnett County, and which are to be cancelled pursuant to the tenor of this resolution. Upon motion of Commissioner R.L.Pate, seconded by Commissioner A.A.Cameron the foregoing resolution entitled "Resolution Concerning the Cancellation of 414,000 Bonds and the Ratification of Advertisement Calling for Bids upon $26,000 Refunding School Bonds" was adopted by the following vote: Ayes: L.R.Byrd, Noes: None. Thereupon, read and is as A.A. "ameron, R.L.Pate and F.D.Jackson. Commissioner L.R.Byrd, introduced the following order which was follows: AN ORDER REDUCING THE AMOU=T OF BONDS TO BE ISSUED UNDER AN ORDER FINALLY PASSED SEPTEMBER 25, 1939 ENTITLED "ORDER AUTHORIZING $40,00 REYUNDING SCHOOL BONDS." Whereas, $12,000 of the $15,000 Lillington High School District Schaal Bonds dated October 1, 1919 and maturing October 1, 1939, and ,$2,000 of the $15,000 Coats School District School Building Bonds, dated October 1, 1919 and maturing October 1, 1939, are held in the General Sinking Fund of the County, and Whereas, by resolution adopted November 6, 1939 said $12,000 Lillington High School District School Bonds and said 32,000 Coats School District School Building Bonds which are held in the General Sinking Fund are to be forwarded to the Local Government Commission for cancellation, and Whereas, said bonds are therefore not to be refunded in accordance with the order finally passed on September 25, 1939, now, therefore, BE IT ORDEREDDAND RESOLVED by the Board of Commissioners for the County of Harnett: 1.. That the amount of bonds which may be issued under the order finally passed by this Board on September 25, 1939 entitled "Order Authorizing 40,000 Refunding School Bonds" be and the same is hereby reduced from 40,000 to $26,000, and that the bonds to be refunded by said $26,000 Refunding School Bonds shall be the following: $3,000 Lillington High School District School Bonds, dated Oct. 1, 1919, maturing October 1, 1939. $13,000 Coats School District School Building Bonds, dated Oct. 1, 1919, maturing October 1, 1939. $10,000 Coats School District School Bonds, dated May 1, 1920, maturing May 1, 1940. 2. That this order shall take effect upon its passage. Upon motion of Commissioner A.A.Cameron, seconded by Commissioner L.R.Byrd, the foregoing order entitled "An Order Reducing the Amount of Bonds to be issued under an Order Flinally passed September 25, 1939, entitled 'Order Authorizing 340,000 Refunding School Bonds ", was adopted by the follcwing vote: Ayes: Commissioners L.R.Byrd, A.A.Cameron, R.L.Pate, and F.D.Jackson. Noes: None. 131 And thereupon Commissioner R.L.Pate introduced the following resolution which was read and is as follows: RESOLUTION AMENDIN3 A RESOLUTION ADOPTED SEPT.25, 1939 ENTITLrED "RESOLUTION PROVIDING FOR THE ISSUANCE OF $40,000 REFUNDING SCHOOL BONDS AND PROVIDING FOR THEIR SALE." BE IT RESOLVED by the Board of Commissioners for the County of Harnett: Section 1. That the resolution adopted by this Board on September 25, 1939 entitled "Resolution Providing for the issuance of $40,000 Refunding School '?onds and Providing for their Sale" be and the same is hereby amended as follows: (a) Change the figure "$40,000" to "$26,000" in the title of said resolution adopted September 25, 1939 and in Sections 3, 4 and 5 thereof. (b) Amend Section 1 to read as follows: "Section 1. That the Board of Commissioners, after careful consideration, has ascertained and found and does hereby declare that it is necessary that Harnett County issue the $26,000 Refunding School Bonds authorized by an order finally passed September 25, 1939 as supplemented by an order passed November 6, 1939." (c) Amend Section 2 to read as follows: "Section 2. That for the purpose of refunding the bonds described in said order finally passed September 25, 1939 as supplemented by an order passed liovember 6, 1939, the negotiable coupon bonds of the County of Harnett shall be issued in the aggregate principal amount of $26,000 debignated "Refunding School Bonds ", consistinf of 26 bonds of the denomination of $1,000 each, numbered 1 to 26, inclusive, dated September 1, 1939, and maturing on March 1 of each year in numerical order, lowest numbers first, $5,000 1947, $5,000 1948, $3,000 1949, $3,000 1950, $5,000 1952, and $5,000 1953, without option of prior payment." Section 2. That this resolution shall take effect upon its adoption. Upon motion of Commissioner F.D.Jackson, seconded by Commissioner A.A.Cameron, the foregoing resolution entitled "Resolution Amending a Resolution Passed September 25, 1939, entitled 'Resolution Providing for the Issuance of $40,000 Refunding School Bonds and Providing for Their Sale" was adopted by the following vote: Ayes: Commissioners L.R.Byrd, A.A.Camercn, R.L.Pate, and .D.Jackson. Noes: None. Commissioners R.L.Pate thereupon introduced the following resolution which was read and is as follows: RESOLUTION CONFIRMING THE AWARD OF $26,000 REFUNDING SCHOOL BONDS BY THE LOCAL GOVERNMENT COMMISSION. BE IT RESOLVED by the Board of Commissioners for the County of Harnett: Section 1. That the award made on October 24, 1939 by the Local Government Commission of the $26,000 Refunding School Bonds of the County of Harrett, North Carolina, dated September 1, 1939 maturing on March 1 of each year in numerical order, lowest numbers first, $5,000 1947, '$5,000 1948, $3,000 1949, $3,000 1950, $5,000 1952, and $5,000 1953, to bear interest at the rate of 4% per annum to John Nuveen and Company, Chicago, Illinois, at the price of $26,151.58 and accrued interest, be and the same is hereby ratified and confirmed. Section 2. That this resolution shall take effect upon its adoption. Upon motion of Commissioner A.A.Cameron, seconded by Commissioner F.D.Jackson, the foregoing resolution entitled "Resolution Confirming the Award of $26,000 Refunding School Bonds by the Local Government Commission " was adopted by the following vote: Ayes: L.R.Byrd, A.A.Cwneron, R.L.Pate and F.D.Jackson. Noeas.None. 132 It appearing to the satisfaction of the Board that the Mack McKay homestead described in Book B #2, page 397, and in Book B #2, page 399, Harnett County Registry, lately listed to the late Dr.C.H.Sexton, in Neill's Creek Township was from 1932 to and including 1939, improperly valued, and that notice of such valuation was sent to Dr.Sexton, who, because of disability was unable to act, and that subsequently guardians were appointed for the said tax lister, who, upon judgment of the Superior Court, were removed for failure to do their duty, and that the erroneous valuation should be adjusted: IT IS ORDERED that upon payment by J.Robert Young, Receiver of the sum of $1,000.00 in cash this date, the said property be relieved and released of the lien of taxes due Harnett County for the years 1932, 1933, 1934, 1935, 1936, 1939; taxes for the year 1938 having been heretofore paid; and that the delinquent taxes for the year 1937 be credited with the sum of $29.72, leaving a balance due on 1937 taxes of $289.54, said arrangement being in compromise of suit now pending between the County and Dr.C.H.Sexton and remainder; except as to 1937 taxes. It is ordered that the valuation of 40 acres of waste land assessed against Mrs.J.B.Ramsey in Barbecue Township, be reduced in valuation from $6.00 per acre to $4.50 per acre. It is ordered that the valuation of F. J.McLean's land in Upper Little River Township be reduced X390.00 on account of error in listing cutover land. The Chairman appointed Ferd D.Jackson, R.L.Pate, and J.S.McLean as Committe to.investigate the tax valuation on the property listed to Mattie A.Byrd in Averasboro Township. It appearing by certificate of the Assistant Auditor that on Oct. 22, 1937, the Board of Equalization fixed the valuation for taxation on property listed to Alma F.Young Estate in Averasboro Township as follows: 1 lot Cumberland Street, Dunn, N.C. 140 x 150 feet $1300.00 1 lot W.Broad.Street, Dunn, N.C. 70 x 150 feet 2200.00 1 lot W.Broad Street, Du-n, N.C. 70 x 150 feet 5000.00 Total on these lots: 8500.00 And it further appearing that thetrecord of said valuation was not entered on the Minutes of the Board: IT_IS ORDERED that the minutes of the meeting of the Board of Equalization of October 22, 1937, be made to show the action as above taken. This 6th. day of November, 1939. Written notice requesting cancellation of bond of N.T.Wilkins, Constable, having been received from Jas.A.Taylor and Sons, Agent of the Surety on the bond, and return of renewal certificate having accompained the same, IT IS ORDERED that N.T.Wilkins no longer discharge the duties of his said office until a sufficient bond be presented and approved by this Board. Mr.Wilkins will be so notified. BE IT RESOLVED by the Board of County Commissioners of Harnett County that the Board of Education be relieved of any cost that might be taxed by the Clerk of Superior Court in that Special Proceedings entitled "Board of Education -vs- Wade Johnson and others." The report of W.D.Harrington, Tax Collector, was received, approved and ordered filed. The report of Howard Godwin, C.S.C., was received, approved and ordered filed. The report of Inez Harrington, Register of Deeds, was received, approved and ordered filed. It is ordered that the valuation of the lot 50 x 150 feet at 311 South Washington Avenue, Dunn, N.C. listed in the name of E.C.Warren, be valued at $300.00 and the 5 -room dwelling at $1200.00. Total $1500.00 for the year 1939. Committee: J.B. "Ennis J.N.Creel, Jr. 133 The following road petitions were presented and approved by the board and ordered forwarded to the State Highway and Public Works Commission: (1) to improve and maintain that certain road in Upper Little River Township, be ginning- at the home of A.K.Darroch and crossing Upper Little River at Darroch and McRae Bridge and coming into the Johnsonville Road at the filling station owned by Jimmy Knight, a distance of approximately 1 mile. (2) that the public road leading fronthe town of Angier by way of Angier public school to Benson, be improved by widening the same and gravelling the surface thereof, and that from Highway lo. 55 in the town of Angier to the old "Stage Road" at the home of J.M. and J.A.Williams, the said road be surfaced with asphalt, the distance to be surfaced with asphalt being approximately two and one -half miles. This road is already a part of the Highway System and bears much traffic with result that it cannot be properly maintained from Angier to the "Stage Road" at the home of J.A. and J.M.Willi= unless it be surfaced. WHEREAS, more than thirty -five citizens in Black River Township, have petitioned the Board of County Commissioners of Harnett County, to request the State Highway and Public WorksCommission to improve certain road in Black River Township near the Town of Angier. NOW, THEREFORE, BE IP RESOLVED, by the Board of County Commissioners of Harnett County that it does request the State Highway and Public Works Commission to improve the public road leading from the Town of Angier by way of the Angier Public School to Benson. BE IT FURTHER RESOLVED that the Board of County Commissionersof Harnett County do request the State Highway and Public Works Commission that the road leading from Highway No. 55 in the Town of Angier to the "Old Stage Raod" at the home of J.A.T. and J.A.Williams, be improved and treated with asphalt as soon as possible, the distance of said treatment being approximately two and one -half miles. BE IT RESOLVED that the 212 acres of land in Barbecue Township, formerly listed to Sam McArthur and acquired by the County of Harnett under tax foreclosure sale under Judgment No. A -1254 be sold to H.C.Cameron - -- -for the sum of 0215.00 cash, and the Chairman of the Board is hereby instructed to execute deed and the Clem/ will attest the same. BE IT RESOLVED that the 40 acres of land in Stewart's Creek Township, formerly listed to Henry Byrd and acquired by the County at a tax foreclosure sale under Judgment No. 1965 -A -940 be sold to H.E.Truelove - -- -for the sum of $58.50 on the following terms: Payable within thirty days from this date together with 6% interest. The Chairman of the Board is hereby authorized to execute deed to H.3.Truelove giving to Novella Byrd a life estate in and to the dwelling house situated thereon, together with approximately two acres of land about and surrounding said dwelling house; and the Clerk to the Board will attest the same. It is ordered that the payment on contract to re- purchase land made by Henry Sultan, Stewart's Creek Totinship, on June 5, 1939, be extended until November 1, 1940, upon the payment of 030.00 to day. (SD #2164 -A -994). It is ordered that the contract to purchase 100 acres Bill Haley Estate, Johnsonville Township, made by James Haley and Moses Cameron on July 10, 1939, be amended to allow them to pay M0.00 this date, and $40.00 Dec. 1, 1939 and $40.00 per month each successive month. (SD #2154 -A- 1247.) It is ordered that Mrs.Dina Douglass be allowed until November 1, 1940 to finish paying contract to purchase 44 acres of D.T.Douglass lard in Barbecue Township, if $$110.00 payment is made this date. See order of Board Aug.7,1939. ( #SD #2340 -A- 1347.) It is ordered that the contract to re- purchase land made by William Douglass (colored) on June 5, 1939, be amended to allow him to pay 0.00 on or before November 18, 1939, and 05.00 on December 1, 1939, and 'ti 5.00 per month each successive month. (SD #2093 -A -972.) It is ordered that John McArtan be allowed until January 1, 1940 to finish paying contract to purchase land in Anderson Creek Township if $50.00 payment is made this date. See order of Board June 5, 1939. (SD #2305 -A- 1295.) 134 It is ordered that George McNeill be allowed until November 1, 1940 to finish paying contract to purchase land in Stewart's Creek Township, if a w16.00 payment is made by December 1, 1939. See order of Board April3, 1939. (SD #2257 -A- 1274.) It is ordered that Mrs.Isabella- 'Barefoot be allowed until November 1,1940 to finish paying contract to purchase land inJohnsonville Township, if $60.00 payment is made this date. See order of Board April 3, 1939. (SD #2224 -A- 1160.) The Board recessed to reconvene at the call of the'Chairman. Clerk Chairman.