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HomeMy WebLinkAbout11031941361 November 3, 1941 The Board of Commissioners for the county of Harnett, met in regular session at the courthouse ±z n in Lillington, North Carolina, the usual place of meeting, on November 3, 1941, at 10 O'clock A.M. Present: Chairman J.B.Ennis, and Commissioners F.D.Jackson, R.L.Pate, A.A.Cameron, and L.R.Byrd. Absent: None. The Chairman announced that this was the date and hour fixed by the Board for the public hearing upon the following bond order: ORDER AUTHORIZING $41,000 SCHOOL BUILDING BONDS and that the Board would immediately hear any and all citizens and taxpayers who might desire to protest against the issuance of said bonds. No citizen or taypayer of the county appeared, either in person or by attorney, to protest against the issuance of any of said bonds and the Clerk announced that no protest in writing, signed by any citizen or taxpayer, had been presented. Thereupon, upon motion of Commissioner L.R.Byrd, seconded by Commissioner A.A.Cameron, and carried, the order introduced and passed on first reading on October 22, 1941, authorizing $41,000 School Building Bonds was read a second time and placed upon its final passage. The vote upon the final passage of said order was: Ayes: L.R.Byrd, F.D.Jackson, R.L.Pate, and A.A.Cameron. Noes: None. The Chairman then announced that the order authorizing $41,000 School Building Bonds had passed. The Clerk was thereupon directed to publish in the Harnett County News, once in each of two successive weeks, the bond order which was finally passed this day, and to publish at the foot of said bond order the appended note as required by Section 19 of the County Finance Act. Commissioner F.D.Jackson thereupon introduced the following resolution which was read: RESOLUTION AUTHORIZING TEE ISSUANCE OF $41,000 SCHOOL BUILDING BONDS. Be it resolved by the Board of Commissioners of the County of Harnett: Section 1. That the Board of Commissioners, after careful consideration, has ascertained and found and does hereby declare: (a) That it is necessary that Harnett County, acting as an administrative agent of the State in providing a State System of public schools, issue all of the $41,000 School Building Bonds authorized by an order finally passed November 3, 1941. (b) That the additions or units to be erected from the proceeds of said bonds shall be of non fireproof construction as defined in the County Finance Act. (c) That the period of the life of said additions or units has been and is estimated by this Board as a period of thirty years, such period being computed fro-: November 3, 1942, being a date one year after the final passage of said order, and that such period expires November 3, 1972. Section 2. That for the purpose of providing the school improvements pursuant to said bond order, such school improvements having become absolutely necessary in order to maintain the constitutional six months' school term, the negotiable coupon bonds of Harnett County shall be issued in the aggregate principal amount of 041,000, designated 'School Building Bonds ", consisting of 41 bonds of the denomination of $1,000 each, numbered 1 to 41, inclusive, dated December 1, 1941, maturing annually, December 1, in numerical order, lowest numbers first, without option of prior payment, as follows: $2,000 1944 to 1954, inclusive, $4,000 1955 and $5,000 1956 to 1958, inclusive. Section 3. That said School Building Bonds shall bear interest at a rate or rates, not exceeding 6% per annum to be determined by the Local Government Commission at the time the bonds are sold, which interest shall be payable semi - annually on the first days of June and December of each year, both principal and interest to be payable at The Chase National Bank of the City of thew York in New York City in any coin or currency of the United States of America which, at the respective dates of payment thereof, is legal tender for public and private debts. Section 4. That said bonds shall be signed by the Chairman of the Board of Commissioners and the Register of Deeds of said county and ex officio Clerk of said Board, and sealed with the corporate seal of the County and the interest coupons thereto attached shall be executed with the facsimile 362 signature of said Register of Deeds and ex officio Clerk. Said bonds and the coupons attached thereto, and the endorsements to be printed on the reverse of each bond, shall be in substantially the following form: No. United States of America State of North Carolina County of Harnett School Building Bonds 1,000.00 The County of Harnett, North Carolina, is justly indebted and for value received hereby promises to pay to the bearer or, if this bond be registered, to the registered owner hereof, on the first day of December,19 the principal sum of ONE THOUSAND DOLLARS together with interest thereon at the rate of per centum per annum, payable semi - annually on the first days of June aril. December in each year upon thepresentation and surrender of the annexed interest coupons &s they severally fall due, Both principal and interest of this bond are payable at The Chase National Bank of the City of New York in New York City in any coin or currency of the United States of America which, at the respective dates of payment thereof, is legal tender for public and private debts. For t he prompt payment hereof, both principal and interest as the same shall become due, the fall faith and credit of said county are hereby irrevocably pledged. This bond is one of a series issued by said County, acting as an administrative agent of the State of North Carolina in providing a state system of public schools, for the purpose of providing school improvements in said county in order to maintain Schools therein for the constitutional six monthst school term, and is issued under and pusurant to the County Finance Act, as amended, and the Local Government Act, as amended, and an order and resolutions duly passed by the Board of Commissionersof said - County. It is hereby certified and recited that all acts, conditions and things required to happen, exist and be performed precedent to and in the issuance of this bond by the laws and Constitution of North. Carolina, have happened, exist and have been performed in regular and due form and time as so required; that provision has been made for the leyy and collection of a direct annual tax upon all taxable property within said county sufficient to pay the principal and interest of this bond as the same shall fall due; and that the total indebtedness of said County, including this bond and all other indebtedness heretofore contracted during the fiscal year in which this bond is issued, does not exceed any constitutional or statutory limitation thereon. This bond is registerable as to principal alone in accordance with the provisions endorsed hereon. IN WITNESS WHEREOF the county of Harnett by order of its Board of Commissioners, has caused this bond to-be signed by the Chairman of said Board and by the Register of Deeds of said County and ex officio Clerk of said Board, under the corporate seal of said county, and has caused the annexed interest coupons to be executed with the facsimile signature of said Register of Deeds and ex officio Clerk, all as of the first day of December 1941. Chairman,Board of Commissioners Reg. of Deeds & ex officio Clerk (endorsements on bonds) This bond may be registered as to principal in the Bond Register of the County of Harnett by the Register of Deeds and ex officio Clerk of the Board of Commissioners as Bond Registrar or by such other bond registrar as may be legally appointed by the governing body of said County, notation of such registry to be made hereon by such Bond Registrar, and this bond may there- after be transferred on said Bond Registrar only upon a written assignment of the registered owner or his attorney duly acknowledged or proved, such transfer to be endorsed hereon by the Bond Registrar. Such transfer may be to bearer and thereby transferability by delivery shall be restored, but this bond shall again be subject to successive registrations and transfers as before. The principal of this bond, if registered, shall be payable only to the registered owner or his legal representative. Notwithstanding the registration of this bond, the coupons shall remain payable to bearer and shall continue to be transferable by delivery. Date of Registry Registered Owner Bond Registrar The issuance of the within bond has -been approved under the provisions of the Local Government Act of North Carolina. W.E.Easterling, Secretary Local Government Commission by: (COUPON) Degignated Assistant No. 19 363 The County of narnett, North Carolina will pay to bearer at The Chase National Bank of the City of New York in New York City, the sum d' Dollars, in any coin or currency of the United States of American which at the time of payment is legal tender for public and private debts, as provided in and for the interest then due on its School Building Bond, dated Dec. 1, 1941, numbered Register of Deeds and ex officio Clerk of Board of Commissioners. Section 5. That said bond shall be registerable as to principal alone in accordance with the provisions for registration hereinabove provided for endorsement upon said bonds, and the Register of Deeds and ex officio Clerk of the Board of Commissioners is hereby designated and appointed Bond Registrar for the purpose of registering said bonds, subject to the right of this Board hereafter to designate and appoint another Registrar. No charge shall be made to any bondholder for the privilege of registration herein granted. Section 6. That said $41,000 School Building Bonds and all other indebtedness heretofore contracted in the current fiscal year, does not exceed two - thirds of the amount by which the outstanding indebtedness of the County of Harnett was reduced in the preceding fiscal year. Section 7. That the County Attorney be and is hereby designated as the officer who shall apply to the Local government Commission for the advertisement and sale of said bonds. Upon motion of Commissioner A.A.Cameron, seconded by Commissioner L.R.Byrd, the foregoing resolution entitled "Resolution authorizing the issuance of $41,000 School Building Bonds" was passed by the following vote: Ayes: F.D.Jackson, R.L.Pate, L.R.Byrd and A.A.Cameron. Noes: None. I hereby certify that the fore .Ting is a true copy of so much of the proceedings of the Board of Commissioners of Harnett County at a meeting thereof held November 3, 1941, as relate in any way to the authorization of School Building Bonds of said County, aid that such proceedings are recorded in Volume 7, beginning at page 361, and ending at page 363. Witness my hand and the corporate seal of said County, this 4 day of November, 1941. re°.ister of Deeds and ex officio Clerk of Board of Commissioners. It is ordered that '.W.Wall, Hectors Creek Township, be granted free peddler's license for the year 1941 -1942 on account of physical disability. It is ordered that Carlyle Core of Dunn, be refunded taxes for three years on 14 acres of land in Averasboro Township, amounting to $2.79, covering taxes for three years. BE If RESOLVED that the 40 acres of Cupe McLean land , in Anderson Creek Township, and acquired by the County at tax foreclosure sale under Judgment No. 2176 -A -1134, be sold to Mark McLean, colored Lillington, N.C. RFD 2, for $200.00 on the following terms: $25.00 cash, and M0.00 November 1, 1942; $50100 November 1, 1943; and $75.00 November 1, 1944, and the Chairman of the Board is hereby authorized and directed to execute deed to Mark McLean, and the Clerk will attest same. 364 BE IT RESOLVED that the 103 acres of land in Upper Little River Township, formerly listed by J.J.Kelly ( Book 244, page 363), and acquired by the County of Harnett at a tax foreclosure sale under Judgment No. 2119 -A -1245, be sold to - - -- J.N.Patterson, Broadway, N.C. RFD 1 for $200.00 CASH, and the Chairman of the Board is hereby authorized to,execute deed to J.N.Patterson and the Clerk will attest same. The following road petitions was approved and ordered forwarded to the State Highway and Public Works Commission: (1) that road in Stewart's Creek Township, leaving Highway 15A in front of Yrs. C.L.Avery's residence, and running West approximately 2 or 2.5 miles to the old wire road which will go by the following persons' homes: A.B.Parker, L.A.Parker, J.L. Waddell, D.F.Coleman, Herman Temple, Miller Byrd, and W.L.Co&eman. This route will enter the wire road at the intersection near Hodges Spring. (2) To work or pull up with machine, the road going east from the Highway at Rawls by Dayton Gardner's across the S.D.Smith plantation, J.M.Judd's farm and into the dirt road at Bennett Cotten's place. It is ordered that D.G.Darroch,`.Anderson Creek Township, be relieved of J poll taxes for the year 1940 and 1941 and subsequent years on account of being a disabled World War Veteran. The County Attorney is hereby authorized to conserl, to a judgment distissing the action by the County of Harnett -vs- Mrs. J.E.Strickland, et els, non- compos iientis, upon receipt by the County of the net taxes involved in the suit, the civil issue docket. It is ordered that W.H.Stephenson, Angier, N.C. be relieved $$5.64, the penalty for late listing of property In Upper Little River Township. It is ordered that tax valuation of x`700.00 on the house recently built on the property of V.D.Dickens in barbecue Township, aril listed to him, be released in the amount of $700.00 on account of error in listing. It is ordered that Jas.E.Snow, Johnsonville Township, be allowed to rebate of all penalties on property listed by him in Johnsonville Township. It is ordered that $300.00 be appropriated by the County to the organization of home Guard in Dunn on condition that the town of Dunn appropriate the sum of .$300.00 and that the State appropriate the sum of $600.00. It is ordered that L.B.McLean, Erwin, N.C. be appointed as a collector of Insg Me y,xcgai,2r Averasboro, Duke, and Grove Townships, for the year 1940, /HHiie i o receive as compensation 10% of his collection. In Re: SD #1750 -A -843 and others. BE 1T RESOLVED that if Glenn Brantley will pay the 1939, 1940, and 1941 taxes and interest on or before November 8, 1941, on 171* acres of land in Lillington Township, on which he made contract with County to purchase July 10, 1939, that the time for full payment on purchase price be extended to Dec. 23, 1941. WHEREAS, in the case entitled "County of Harnett -vs- Norman L.Bryan and wife, being No. A 436, Judgment" was entered on the day of November 1931 which Judgment is docketed "Judgment Docket No. 23, page 116 ", and under said judgment sale of the lands involved therein was made by J.O.West, Commissioner, and at said sale, the County of Harnett, became the last and highest bidder and said sale was confirmed and deed executed to the County by the Commissioner, but never recorded; and whereas, all taxes on the lands involved in said suit have been paid by the owner, and said judgment should be cancelled. IT IS THEREFORE, ORDERED, that said judgment be cancelled and said deed not recorded, and that J.B.Ennis, Chairman, of this Board, be and he is hereby authorized to cancel said judgment of record. 365 It is ordered that beer license be granted to Z.W.Hodges, Erwin, N.C. Box 324, East Erwin, N.C. It is ordered that L.L.Layton of Barbecue Township, be relieved of $9.98 on account of double listing for the year 1937. The report of Lola O'Quinn, D.T.C. was approved and ordered filed. The report of Inez Harrington, Register of Deeds, was approved and ordered filed. The report of Howard Godwin, C.S.C. was approved and ordered filed. The Bond in the amount of $1,000.00 of G.P.Temple, Constable of Stewart's Creek Township, was approved and ordered copied on the Minutes, and filed with the Clerk of Superior Court. -bond- NORTH CAROLINA: HARN TT COUNTY: KNOT ALL MEN BY THESE PRESENTS: That G.P.Temple of Bunnlevel, State of North Carolina, hereinafter called the Principal, and W.M.Bethune, M.L.Bethune, W.E.Bethune, Charlie Strickland, and A.B.Parker, hereinafter called Sureties, of Harnett County said State, are held and firmly bound unto the Board of Commissioners of Harnett County, State of North Carolina, hereinafter called the Obligee, in the sum of One Thousand Dollars ($1,000.00) for the payment thereof to the obligee the principal binds himself, his executors, heirs, administrators, and assigns, and the sureties bind themselves, their executors and administrators, jointly and severally firmly by these presents. Signed, sealed, delivered and dated this 3 day of November, 1941. Whereas, the above named principal has en duly appointed to the office of Constable of Stewart's Creek Township, Harnett County, North Carolina, for the term of office expiring the first Monday in December, 1942: Now, therefore, the condition of this obligation is such, that if the principal shall faithfully perform such dAties as may be imposed bn him by law and shall honestly account for all money that may come into his hands in his official capacity during the said term, then this obligation shall be void;, otherwise, it shall remain in full force and affect. APPROVED: J.B.Ennis, Chairman W.M.Bethune, M.L.Bethune, W.E.Bethune, A.B.Parker, and Charlie Strickland, each for himself first being duly sworn, says: That he is worth the sum of $1,000.00 over and all liabilities and exemptions allowed by law, the County of hlarnett, State of North Carolina. Sworn to and subscribed before me, this 3 day of November, 1941. D.P.Ray, and eputy C.S.C. Harnett County, North Carolina. G.P.Temple, (SEAL) Principal. W.M.Bethune, (SEAL) Surety M.L.Bethune (SEAL) Surety ?.E.Bethune (SEAL) Surety Charlie Strickland (SEAL) Surety A.B.Parker 4SEAL) Surety above and that he is a freeholder of W.M.Bethune M.L.Bethune W.E.Bethune Charlie Strickland A.B.Parker The meeting adjourned to reconvene at the call of the Chairman. Clerk to the Board Chairman