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HomeMy WebLinkAbout05081911/Steer Friday May 5th 1911 at a called session of the Board of Count) Comissioners to investigate the contract between the Board of County Comissioners and The Central Carolina Rail Road Company., Present V.C. Mathews Chm, D.P. McDonald, J.E. Wilson, T.C. Clifford County Attorney. Mr B.F. Williams Having Been appointed by F.H. Taylor Clerk Superior Court County Comissioner to fill out the unexpired term of A.W. Gregory, resigned, having subscribed to the several oaths required by law, before the Chm of this board was duly inducted into Office as a member of this board. It is ordered by the board that V.C. Mathews, and D.P. McDonald, be and they are hereby appointed to receive in behalf of the board, from the Carolina Central Railroad Co., or its Attorney any evidence offered showing the Authority of W.J. Edwards to execute the contract purporting to be executed by said Company, through said Edwards as President, and if no satisfactory evidence of such authority be furnished, today to give to the public such infomation as the true situation may in their Discretion demand. Monday May 8th 1911 at ajourned Session of the Board of County Comisstaws for the purpose of Auditing the Bokks and checking up the accounts of D.B. Stewaat County Preaenrtr,Present V.C. Mathews Chm D.P. McDonald, J.E. Wilson, Absent B.F. Willows, Aftartarefully checking up his accounts the following orders were cancelled from the county funds Ifl$.88•from the pauper funds$306.70 from.the Jury funds $589.10 from the bridge funds $213.81 EaeitHorn and Hectors creek fads fence funds$18.80 Lillington road funds $5.33 A resolution og the Board of Comissioners of Harnett County:- Whereas at the session of this board held on the First Monday in April 1911, there was filed Petitions signed by more than one third of the :Jualified voters in.Upper Little River Lillington and Neills Creek Townships, each Respectivly asking that an election be called in Each Township upon the question of issuing Bonds in the amount of Twent) Thousand - Dollars Each, with interest Bearing Coupons to aid in the Construction of the Cent- ral Carolina RallRoad as authorized and provided in an act of the General Assembly of North Carolina entitled anitaot to authorize Upper little River and other Townships in Harnett County to issue Bonds for the -POtpOse op Aiding in the Costruction of the Central Carolina Rail Road Ratified on the 3rd day ofiltegh 1911} And Whereas punsouant to said act and said petition the Board of Comissioners did at its - ilia Session, call an election to be held on said question on the 6th day of May 1911 in said Townships &nd did cause due publication thereof to be made as directed in said act, And Whereas the RA Centrai?Carolina Rail Road Co., did execute a contract to and with the Board of Comissioners as agents for said Townships more Particulary Defining and Limiting the acts of said Rail Road Co., in its Relations and Dealings with said Townships under the Provisions of said act in considerations of said TownaHHp8'voting affirmatively on said question, which contract was duly accepted by the board at its ,,Stallion held on the hirst day of May 1911., The Provisions of which contract will more fully appear by reference to said contract on file with the Clerk of this Board Which question as modified and limited by said Oontraot is hereby Declared to be the , uestion voted upon at the Election herein -Refered to; And Whereas said election was duly held in said Townships on the 6th Day of May 1911 and the proper Election Officers have made due returns to this Board, which returns, have this da) at an AjouraitXeeting of the Board Been duly Canvassed by us showing the following results, That in Upper Little River Township there was a total Number of Registered Qualified Voters of Three Hundred and Eight (308) and there was cast for Bond Issue Two Hundred and Nine(209) Votes, and against Bond Issue there was cast Forty Eight (48) votes, That in Lillington Township there was a total number of One Hundred and Fifty one Registered and qualified voters, and there was cast for Bond Issue One Hundred and Eleven (111) and against Bond Issue One (1) votes. That in Neills Creek Township there was atotal Number of Registered and qual- ified voteatia,of One Hundred and Fifty Five,(155) and there was cast for Bond Issue One Hundred and Eight (1087end against Bond Issue Twenty seven (27) votes, Therefore be it resolved by the Board of Comissioners of Harnett county that said ‘tuestion as herein - before Defined, be and the same is hereby declared to be carried in the Affirmative that is td say the:bond Issue in each pf said Townships. This Eight Day of May 1911 V.C. Mathews Chairman. Allen M. Shaw Clerk. Om motion of J.E. Wilson it is hereby resolved that the Baltimore Trust Co., of Baltimore Md be and the same is Hereby selected Trustee to Act in all maters Herein after to be Mentioned in a Ratdt Deed of Trust and Contract Herebefore made by the Board of County Comissioners of Harnett County. "'j}.c. and The Central Carolina Railroad Company, and Said Rail Road Company shall Pay all expense of said Trust Thos Resolution shall go into effect after its Indorsement by J.C. Clifford County Attorney for said" - County, Accepted by the Board on the approval of. J.C. Clifford County Attorney. V.C. Mathews Chm., Itastumblimagribatimitint a a.' y �.. �yy p ]J.y n.tyYynnvlrflvvvv4v,_n ev arti�x $zxzxzxzrzxzxzxzxzxzxzxzxzxzxz i:emz' Ykeli fziii- rife Minits of a meeting ofthe Board of Directors of the Central Carolina Railroad Company held at the Office of the Company in Sanford North Carolina, May 3rd 1911 at Eleven Oclock A.M. Present J.W. Cunningham, H.P. Edwards, Jessiee Carter, Being a quorum of the board, Mr Carter took the chair , Mr Edwards acted.as Secretary of the meeting, The Chairman stated that the paiptiaxafxtta Meeting was called for the purpose of approving and confirming an agreement made by Mr W.J. Edwards, President of the Company with the County Comissioners of Harnett County which is as follows: North Carolina Harnett county. Whereas ;the Legislature of North Carolina has authorized an election in Upper Little River,Lillington and Neill's Creek Townships Harnett count) on the question of- Issuing Bonds to aid in the Construction of the Central Carolina Railroad And Wheres the county Comissioners of Harnett county in said adt are made the Trustees for the said Townships; And Whereas, The County Comissioners of said county have called an eledtion to be held on the 6th day of May 1911, for the purpose of voting taxMaads upon the question of issuing Bonds to aid in the construction of said road; And Whereas, it is desired to have_the construction of said road defined, And Whereas, the said Central Carolina Railway Company is anxious to build a satisfac- tory railroad in keeping with the wishes of the People in the respective Townships in consideration of the fact of their voting to aid in the construction of said road. Now ,Therefore, this agreement made and entered into by and between the Central Carolina Railway Company, of the First part, and the Board of County Comissioners of Harnett county party of the second part, 7ITNESSETH: That for and in consideration of the people of the aforesaid Townships voting for the issuing of said Bonds and fax ih/ further consideration of the aid to be received under and by virtue of the said election, and the act controlling the same, the Central Carolina Railway Company by W.J. Edwards led Presiden of said Company, do hereby enter into an agreement with the Board -of County II Comissioners and promise to build a standard Guage railroad as provided for in the act of the Legislature authorizing the election to aid in the construction of said road as follows: First: That the said Central Carolina Railway Company agrees and contracts with the said County Comissioners to use a Relay or New steel rails, original weight not to be less than fifty -six pounds per yard, and that if relay rails are used the same to be in good condition. Second: That said Crossties used in building said road shall be approximately of standard size and length, that is to sayapproximately seven inched by nine inches eight feet long to be sawed or hewn from long leaf pine, post oak, or white oak only, and thatthere shall be used at least 2640 cross ties per mile, or fifteen to each thirty feet of rail Third: That in the grading of said road the said Railway Company agrees to have not more than two per cent grade, except in instances of Compensated grades, and in such instances not to be over three per cent. Fourth: Said Railway Company further agrees that in making curves in said road the curves shall not be greater than six degrees, except in Towns where it may be necessary to have a greater degree of curve/ Fifth: That the Central Carolina Railway by its President W.J. Edwards further agrees that the said Board of County Comissioners of Harnett county, that its first Mortgage Bond s shall not under any circumstances be more than Five thousand Dollars ($5,000.00).per mile on the main line. The said first Mortgage to coverall present and fu ture side - tracks depots and equipments of every nature including rooling stock; and that the Bonds to be issued by the Townships after the road is com- pleted through the Townships as the act authorizing the election shall be exchanged for the first mortgage bond under the conditions set out in this paragraph, that is to say that the first mort- gage on the said road shall not exceed Five Thousand Dollars (5,000.) per mile. Sixth: It is further agreed that the Bonds Issued shall be callable after Five years at one per, cent premium after six months notice at any interest peodmd. Seventh: Said Railway Company further agrees to make conection in the town of Lillington with the Raleigh and Southport Railway, if within its power to do so, within ninty days after reaching the corporate limits of said town. That the Bonds of Lillington Township shall be delivered according to the act provided for the election, and simultaneously therein the Central Carolina Railway Company shall deliver to the Board of County Comissioners for the benifit og Lillington Township Five Thousand Dollars($5,000.0 of its first Mortgage bonds. But upon to Conditionfi that if the Central Carolina Railway Company and its Officers shall Make the Physical connection with the Raleigh and Southport Railway as above setout, or shall satisfy said Board that it has done all in its power to make assesttns connection then and in that event the said Board of Comissioners are hereby authorized to deliver the Five Thousand Dollars $5,000) bonds above referred to to the Central Carolina Railway Company. But if the Board of County Comiss- ioners are not satisfied that the Central Carolina Railway Company has used due Diligence in secur- eing said Physical connection, then and in that event the Central Carolina Railway Company forfeit -ts the said bonds for the benifit of Lillington Township. Provided further, that the Board of County Comissioners of said County or its agent,together with the President of the Central Carolina Railway Company, shall after the road is completed through any Township, inspect the construction of said road relative to its having met the requirements and specifications set out above: and if the Board of County Comissioners or its agent shall be satin. fied that said Company has met the requirements and its first Mortgage is not greater than above stated in paragraph five, then they shall deliver said Bonds of that Township according to the provisions of the act authorizing the same. That the Stipulations mentioned in-the several Paragraphs set out in this contract shall apply only on main line road and shall not apply on side tracks Central Carolina Railway Company. On motion of mr Cunningham seconded by Mr Edwards the Board Unanimously approved and confirmed the agreement as made by its President with the County Comissioners of Harnett county and a coppy of s said agreement was ordered spread upon the minits, there being no further business before the Meeting it adjourned upon motion. Signed Josses Carter, Chairman, Signed A.P. Edwards Secretary, North Carolina Lee County)Personally appeared before me K.R. Hoyle, a notary Public in and for said county and State, H.P. Edwards who is to me personally Known, who after being duly sworn deposes and sath: that he is the Secretary of the Central Carolina Railroad Company and that the above and attached sheets Nos land 2 and 3 are a true and correct soppy of the minits of the Board of Directors of said Corporation for a meeting of said Board of Directors held on the 3rd day of May 1911 as the same appear upon the minitf book of said Corporation. H.P. Edwards Secretary Central Carolina Railroad Co., Sworn to and subscribed to before me this 5th day of May 1911 E.R. Hoyle Notary Public (seal) My comission expires November 4th 1912 The contract referred to above between the Central Carolina Railroad Company and the Board of County Comissioners of Harnett county, has been duly filed and Registered in the Office of Register of Deeds of Harnett county in Book of Contractd Number 3 pages 272.3 -4 -5and 6 records of Harnett county, Respectfully Submitted Approved L -1 -a- Chm Allen M. Shaw Clerk