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HomeMy WebLinkAbout04-22-25 RegularBA2025-31 ATT#1 04-22-25 LL O v C C 00 00 4 O 6 6 Ln t` CV I� � O C O M C) V O 0 O %-- O 0 LO qV co O N (n LO 00 N 0" L E co r tM- m� C~O N LO I� o L Q Q) r CL E Q .-. 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NN � a— M O C Q) Q Q a) U C 64 6% 64 44 O O M !l: O (D Y O E C r N Q 2 m CL Ln r CL E Q 64 &% 64 z O LL U W W W z "O o 0 Q. 0 -0 CL N N E N a) r0-� Q C N C U C cLa L m o CD .o 0 i- a C7 .E m cm j > o o = o (� C7 cc0 m C9 z Q z = ti z N d N O O N O N 00 000 O O U O O o 0 %t CD Q ti n (D rn M co M M M M 0 0 0 0 a 0 0 0 6 0 o r- r r M CO M CO 0 0 0 0 0 0 L VJ Cl)w z D a) a) C c cla 06 06 E LL Ui N L L L L �J Q cu o c-1 N c-I d Ln ti �k C�! 00 Ln ti Cog a O N N M NLO N LO d d M C0 W 29 M P .x C O <n U cu a) O U o U m c9 O ca cu ^(p C a) CL 0 cu m a) � C U O m a)® C a) is a Ln -0N ca m ch rc' C _N <i O Lj Co O C a) m U LL cA > 0 rn CU a N tE a) U U z O 0 D VJ U LL LL z W > U -') I !L ATT#2 04-22-25 SECOND AMENDMENT TO AGREEMENT FOR COLLECTION AND DISPOSAL FOR RESIDENTIAL SOLID WASTE, RIECYCLABLIES, YARD WASTE, CERTAIN COMMERCIAL SOLID WASTE THIS SECOND AMENDMENT TO AGREEMENT FOR COLLECTION AND DISPOSAL FOR RESIDENTIAL SOLID WASTE, RECYCLABLES, YARD WASTE, & CERTAIN COMMERCIAL SOLID WASTE (the "Amendment") is entered into effective as of July 1, 2025 ("Effective Date") by and between City of Dunn ("City") and Republic Services of North Carolina, LLC dba Republic Waste Services ("Contractor"). A. The parties entered into that certain Contract for Collection and Disposal for Residential Solid Waste, Recyclables, Yard Waste, & Certain Commercial Solid Waste as of the lst day of July 2016 which is amended via First Amendment dated 1 It day of July 2021 (hereinafter collectively referred to as the "Contract"), pursuant to which Contractor provides waste services to City. B. The parties desire to amend the Contract as set forth herein. 4D NOW, THEREFORE, in consideration of the mutual covenants contained in the Contract, and for good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties agree that the Contract is amended as follows: 1. Legal Entity: The parties agree that the Contractor's legal entity is hereby revised from "Republic Services of North Carolina" to "Republic Services of North Carolina, LLC dba Republic Waste Services". Any reference of Contractor in the Contract and Amendment shall mean Republic Services of North Carolina, LLC dba Republic Waste Services. 2. Section 2,Term, Page 4: The parties agree that the term of the Contract is hereby extended for an addition period of five (5) years from its Effective Date until June 30, 2030. Thereafter, the Contract may be extended for five (5) years upon mutual consent of the parties. 3. Annual Price Increase: On each anniversary of the Effective Date for July 1, 2025 and July 1, 2026 term of this Contract, Contractor shall increase the rates for all services in an amount equal to 4% of the then -current rates. Thereafter, on each anniversary of the Effective Date of the remaining terns of the Contract, Contractor shall increase the rates for all services in an amount equal to the most recently available trailing 12 months' average in the Consumer Price Index for All Urban Consumers (Water, Sewer and Trash Collection Services) U.S. City Average, as published by the United States Department of Labor, Bureau of Statistics (the "CPI") or 5%, whichever is less. 4. Section 7, Sub Section(a), Service Fees, Page 6:The parties agree that the new rates are reflected at 4% rate increase effective July 1, 2025. The updated rates are as follows: I* Waste Type Rates MSW $9.00 per cart per month. Recyclables $5.15 per cart per month Yard Waste $4.82 per cart per month The City shall have the option to cancel the Yard Waste service based on a 120-day notice to Contractor. Classified as Confidential-Externa • 5. Capitalized Terms. Capitalized terms used but not otherwise defined in this Amendment shall have the meanings assigned to them in the Contract. In the case of a conflict in meaning between the Contract and this Amendment, this Amendment shall prevail. 6. Continuing Effect. Except as expressly modified or amended by this Amendment, all terms and provisions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the second date set forth below. CITY City of t. B Name: N�E15C-44AI-0inz Title V1 AL4 Az, a--TZ- Date: o6lAf 2,z,� "Phis instrument has bee re -audited in the manner required by the Local Government B and Fiscal Control A .' Finance Di cto 2 Classified as Confidential-Externa CONTRACTOR Republic Services of North Carolina, LLC dba Republic Waste Services By: Name: Title: Date: �. C- o C: 3 CD M 0 CD c o 3 0. rn 0 CD � a o cn -n (D �. o -• CD CD Ccn n E --� rn� cn TN :3 :N F� �+ cp i i/ . • .. " r00 .//,^ V A C o .,'W W O m ^ \ W � V N O U ■ c( D CA Uri --h O la GG- N �, 'n -� w CSC ;1� Cn C� Cp V �! O V W CA) =3 W N tV (3) CY) -n -G� 0 E O V N CYI N Cy) .CCYI Cn C31 m CA) (4 oo co CD y � N co Q CD 94 � C/) x' mn I -A VI C3) p O CDN V Cry IV Cfl GJ Cfl O Ul N n tr. -G 9 6i9 �9 70 w Cho co O N co ( O C3'I je� 4 9 F nr... 1 �e 4' f`z Li ul" M UNNR2025-2� ANX-03-25 ATT# 04-22-25 RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S.160A-58.1 ANX-03-25 WHEREAS, a petition requesting annexation of the area described herein has been received; and WHEREAS, the City Council has by resolution directed the City Clerk to investigate the sufficiency of the petition; and WHEREAS, certification by the City Clerk as to the sufficiency of the petition has been made; ,r NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dunn, North Carolina . that: �`,.i' Section 1. A public hearing on the question of annexation of the area described herein will be held at the City of Dunn Municipal Building at 6:30 p.m. on May 27, 2025. , Section 2. The area proposed for annexation are those Tracts 1-4 as more particularly described in Exhibit "A" attached to this resolution. Section 3. Notice of the Public Hearing shall be published once in The Daily Record, a newspaper having general circulation in the City of Dunn, at least ten (10) days prior to the date of the Public Hearing. Adopted this 22nd day ofApril, 2025. William P. Elmore Jr., May r ATTEST: Melissa R. Matti, City Clerk 9�e�4900B9Ru"?o f 'Nj,,p r o W 'Mere cammunilJv. 6!yins! ITY OF Mayor 1 f;JDUNN William P. Elmore Jr.Mayor Pro TernJ. Wesley SillsCouncil Members t April L. Gaulden NORTH t O L.. N A Raquel McNeil 401 E Broad St . PO Box 1065 . Dunn, North Carolina 28335 Billy Tart (910) 230-3500 • CityofDunn.org Alan Hargis Dr. David L. Bradham City Manager Steven Neuschafer PETITION FOR VOLUNTARY ANNEXATION CERTIFICATE OF SUFFICIENCY Owners: City of Dunn Annexation File No: ANX-03-25 To: Mayor Elmore and Dunn City Council I, Melissa Matti, City Clerk, do hereby certify that I have investigated the attached petition and hereby make the following findings: a. The petition contains an adequate property description of the area proposed for annexation. b. The area described combined in the petition is non-contiguous to the City primary corporate limits, as defined under Part 4 of Article 4A of Chapter 160A of the NC General Statutes. c. The petition is signed by all owners of real property lying in the area described herein. In witness whereof, I have hereunto set my hand and affixed the seal of the City of Dunn, North Carolina, this 22nd day of April, 2025. 1% P. ;&� 4 Melissa R. Matti City Clerk • `dflheNe community 6�Jnsl R2ATT#4 04 2 2525 RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-58.1 ANX-04-2 5 WHEREAS, a petition was received on April 11, 1021 by the Dunn City Council, requesting annexation of a non-contiguous area described in said petition located at or near the intersection of Arrowhead Road and Hwy 301 South, Dunn, NC, PIN # 1515-06-6718.000, owned by Sam Harnett, LLC; and WHEREAS, G.S. 160A-58.1 provides that the sufficiency of the petition shall be investigated by the City Clerk before further annexation proceedings may take place; and WHEREAS, the City Council of the City of Dunn deems it advisable to proceed in response to this request for annexation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dunn that the City Clerk is hereby directed to investigate the sufficiency of the above -described petition and to certify as soon as possible to the Dunn City Council the result of the investigation. Adopted this 22nd day ofApril, 2025. cut.; William P. Elmore J Mayor ATTEST: Melissa R. Matti, CMC City Clerk @egAflBO-ap-9ggoA �. Bs��� C' n od g �t %% Wlere communiiy 6Tinsf 0 D UN-N • • R2025-�25 ANX-05-25 "') � C R � j� ¢ 1 �' AATT 22-25 RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-58.1 ANX-05-25 WHEREAS, a petition was received on April 22, 2025 by the Dunn City Council, requesting annexation of a contiguous area described in said petition located at or near the intersection of Arrowhead Road and Hwy 301 South, Dunn, NC, PIN # 1515-08-4063.000, owned the County of Harnett; and WHEREAS, G.S. 160A-58.1 provides that the sufficiency of the petition shall be investigated by the City Clerk before further annexation proceedings may take place; and WHEREAS, the City Council of the City of Dunn, deems it advisable to proceed in response to this request for annexation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dunn that the City Clerk is hereby directed to investigate the sufficiency of the above -described petition and to certify as soon as possible to the Dunn City Council the result of the investigation. Adopted this 22nd day ofApril, 2025. glz'. f� William P. Elmore Jr Mayor ATTEST: Melissa R. Matti, CMC �gUgUUB City Clerk ' Co® . ® (g;;-,0-IrADiv C m 6 '3U&re communi� 6!yinsf 0 CITY OF DUNN 401 East Broad Street Dunn, North Carolina 28334 -Verses- Frederick E McNeill 1000 South King Avenue Dunn, North Carolina 28334 Matthew S. Willis Register of Deeds Harnett County, NC 02025-07 Electronically Recorded ATl'#C 04-22-25 05/01/2025 03:43:57 PM NC Rev Stamp: $0.00 Book: 4283 Page: 557 - 558 (2) Fee: $26.00 Instrument Number: 2025007735 File Number: HC-23-16 Ordinance D a()a 5 -- 017 AN ORDINANCE DIRECTING THE CODE ADMINISTRATOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION AND DIRECTING THAT A NOTICE BE PLACED THEREON THAT THE SAME MAY NOT BE OCCUPIED WHEREAS, the City Council of the City of Dunn finds that the structure described herein is unfit for human habitation under the City Minimum Housing Code and that all of the procedures of the Minimum Housing Code have been complied with; and WHEREAS, this dwelling should be removed or demolished as directed by the Code Administrator and should be placarded by placing thereon a notice prohibiting use for human habitation; and WHEREAS, the owner of this structure has been given a reasonable opportunity to bring the structure up to the standards of the City of Dunn Minimum Housing Code in accordance with NCGS 160D Article 12 pursuant to an order issued by the Code Administrator on September 23, 2024, and the owner has failed to comply with the Order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, that: Section 1. The owner of such building(s), dwelling(s) and premises is hereby ordered to vacate any occupants and/or personal property therein on or before March 23, 2025. Section 2. The Code Administrator is hereby authorized and directed to place placards containing the legend: "This building is unfit for human habitation. The use or occupation of this building for human habitation is prohibited and unlawful." on the building located at the following address: 305 West Greenwood Street (1516-35-6273) submitted electronically by "Pope Law Group, PA" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Harnett County Register of Deeds. BK 4283 PG 558 DOC# 2025007735 Section 3. The Code Administrator is hereby authorized and directed to proceed to remove or demolish the above described structure in accordance with his order to the owner thereof dated the 23rd day of September 2024, the City of Dunn Minimum Housing Code, and NCGS 160D, Article 12; Section 4. (a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred, as well as any other real property of the owner located within the city limits or within one mile thereof except for the owner's primary residence. The lien shall be filed in the office of the Clerk of the Court, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of NCGS Chapter 160A; (b) Upon completion of the required removal or demolition, the Code Administrator shall sell the materials of the dwelling and credit the proceeds against the cost of removal or demolition. The Code Administrator shall certify the remaining balance to the Tax collector. If a surplus remains after the sale of the materials and satisfaction of the cost of removal or demolition, the Code Administrator shall deposit the surplus in the Superior Court where it shall be secured and disbursed in the manner provided by NCGS 160D, Article 12. Section 5. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Section 6. This Ordinance shall become effective upon its adoption. ADOPTED this day ofOW. William P. Elmore �7ayor ATTEST: Melissa R. Matti, City Clerk VIA A Ca r a frrror�,tt�i� CITY OF DUNN File Number: HC-23-16 401 East Broad Street Dunn, North Carolina 28334 -Verses- Frederick E McNeill 1000 South King Avenue Dunn, North Carolina 28334 OF" Ordinance V a0a5-- 01 AN ORDINANCE DIRECTING THE CODE ADMINISTRATOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION AND DIRECTING THAT A NOTICE BE PLACED THEREON THAT THE SAME MAY NOT BE OCCUPIED WIiTJREAS, the City Council of the City of Dunn finds that the structure described herein is unfit for human habitation under the City Minimum Housing Code and that all of the procedures of the Minimum Housing Code have been complied with; and WHEREAS, this dwelling should be removed or demolished as directed by the Code Administrator and should be placarded by placing thereon a notice prohibiting use for human habitation; and WHEREAS, the owner of this structure has been given a reasonable opportunity to bring the structure up to the standards of the City of Dunn Minimum Housing Code in accordance with NCGS 160D Article 12 pursuant to an order issued by the Code Administrator on September 23, 2024, and the owner has failed to comply with the Order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, that: Section 1. The owner of such building(s), dwelling(s) and premises is hereby ordered to vacate any occupants and/or personal property therein on or before March 23, 2025. Section 2. The Code Administrator is hereby authorized and directed to place placards containing the legend: "This building is unfit for human habitation. The use or occupation of this building for human habitation is prohibited and unlawful." on the building located at the following address: 305 West Greenwood Street (1516-35-6273) Section 3. The Code Administrator is hereby authorized, and directed to proceed to remove or demolish the above described structure in accordance with his order to the owner thereof dated the 23rd day of September 2024, the City of Dunn Minimum Housing Code, and NCGS 160D, Article 12; 0 Section 4. (a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred, as well as any other real property of the owner located within the city limits or within one mile thereof except for the owner's primary residence. The lien shall be filed in the office of the Clerk of the Court, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of NCGS Chapter 160A; (b) Upon completion of the required removal or demolition, the Code Administrator shall sell the materials of the dwelling and credit the proceeds against the cost of removal or demolition. The Code Administrator shall certify the remaining balance to the Tax collector. If a surplus remains after the sale of the materials and satisfaction of the cost of removal or demolition, the Code Administrator shall deposit the surplus in the Superior Court where it shall be secured and disbursed in the manner provided by NCGS 160D, Article 12. Section 5. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Section 6. This Ordinance shall become effective upon its adoption. ADOPTED this ON day of 5. William P. Elmore r., ayor ATTEST: 4 0 -T�a ti%%�10 j 10 sdn r , �d $ 9J Melissa R. Matti, City Clerk ® o CITY OF 'W-1DUNN NOR H CAROLINA 401 E Broad St • PO Box 1065 - Dunn, North Carolina 28335 (910) 230-3500 . CityofDunn.org R2025-24 ATT#7 04-22-25 Mayor William P. Elmore Jr. Mayor Pro Tern J. Wesley Sills Council Members April L. Gaulden Raquel McNeil Billy Tart Alan Hargis Dr. David L. Bradham City Manager Steven Neuschafer RESOLUTION BY GOVERNING BODY OF APPLICANT TO APPLY FOR LOAN and/or GRANT ASSISTANCE WHEREAS, The City of Dunn, NC, has need for, and intends to construct, plan for, or conduct a study in a project described as Food Lion Pump Station and Forcemain Replacement; and WHEREAS, The City of Dunn intends to request State loan and/or grant assistance for the proj ect; and NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUNN: That the City of Dunn, the Applicant, will arrange financing for all remaining costs of the project, if approved for a State loan and/or grant award. . That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof. That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation, maintenance, and administration of the system and the repayment of all principal and interest on the debt. That the governing body of the Applicant agrees to include in the loan agreement a provision .IS authorizing the State Treasurer, upon failure of the City of Dunn to make a scheduled repayment of the loan, to withhold from the City of Dunn any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan. That Steven Neuschafer, City Manager, the Authorized Representative and successors so titled, is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a loan and/or grant to aid in the study of or construction of the project described above. That the Authorized Representative, and successors so titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project: to make the assurances as contained above; and to execute such other documents as may be required in connection with the application. W6ere covnmuni� 6�ins/ That the Applicant has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, ordinances, and funding conditions applicable to the project and to Federal and State grants and loans pertaining thereto. Adopted this 22nd day of April 2025 by the City of Dunn, North Carolina. William P. Elmore, Jr. Mayor Attest: � R. �Y� - Melissa Matti City Clerk ��o�easE@a�rAPfA ADO GVT Y OP®d 0 � O O O � 0