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HomeMy WebLinkAboutJuly 15, 2025 Regular MeetingAGENDA Lillington Board of Commissioners Regular Monthly Meeting Lillington Town Hall 102 East Front Street Lillington, North Carolina 27546 July 15, 2025 6:00pm CALL TO ORDER MAYOR GLENN MCFADDEN WELCOME MAYOR GLENN MCFADDEN PLEDGE OF ALLEGIANCE MAYOR GLENN MCFADDEN INVOCATION COMMISSIONER MARSHALL PAGE CONSIDERATION OF AGENDA PUBLIC COMMENT Public comment is an opportunity for citizens wishing to present unscheduled items of concern or interest to the Commissioners. It is requested that citizens limit their presentations to three (3) minutes. CONSENT AGENDA All items on the Consent Agenda are considered routine, to be enacted by one motion without discussion. If a Governing Body member or citizen requests discussion of an item, the item will be removed from the Consent Agenda and considered separately. Item #1 Approval of Regular Session Minutes from June 10, 2025 Item #2 Approval of Special Meeting Minutes from June 26, 2025 Item #3 Approval of Closed Session Minutes from June 26, 2025 Item #4 Approval of Professional Services Agreement with KCI Associates of NC for Capeton Greenway/Multi-Use Trail NEW BUSINESS Item #5 Consideration of Resolution Directing the Town Clerk to Investigate a Contiguous Satellite Annexation Petition Received Under General Statue §160A-31 from the Town of Lillington Lindsey B. Lucas, Town Clerk Town of Lillington | 2 Item #6 Consideration of Resolution Fixing Date of Public Hearing for August 12, 2025, on Question of Annexation, Pursuant to G.S. §160A-31 as Requested by the Town of Lillington for Property Identified as PIN#: 0559-85-1555.000. Lindsey B. Lucas, Town Clerk Item #7 Consideration of Resolution Directing the Town Clerk to Investigate a Contiguous Satellite Annexation Petition Received Under General Statue §160A-31 from Samuel Byrd Lindsey B. Lucas, Town Clerk Item #8 Consideration of Resolution Fixing Date of Public Hearing for August 12, 2025, on Question of Annexation, Pursuant to G.S. §160A-31 as Requested by Samuel Byrd for Property Identified as PIN#: 0559-44-4808.000. Lindsey B. Lucas, Town Clerk NON-AGENDA ITEMS Non-Agenda items is an opportunity for the Commissioners, Attorney or Staff to present unscheduled items that need consideration by the Board. ADJOURNMENT AGENDA ITEM SUMMARY Date of Meeting: July 15, 2025 Staff Work By: Lindsey B. Lucas, Town Clerk Lisa B. Young, Assistant Town Manager Joseph Jeffries, Town Manager Alicia Adams, Administrative Services Director AGENDA ITEM Consent Agenda Items ITEM SUMMARY All items on the Consent Agenda are considered routine, to be enacted by one motion without discussion. If a Governing Body member or citizen requests discussion of an item, the item will be removed from the Consent Agenda and considered separately: Item #1 Approval of Regular Session Minutes from June 10, 2025 Item #2 Approval of Special Meeting Minutes from June 26, 2025 Item #3 Approval of Closed Session Minutes from June 26, 2025 Item #4 Approval of Professional Services Agreement with KCI Associates of NC for Capeton Greenway/Multi-Use Trail RECOMMENDED ACTION Approve consent agenda items as recommended by staff. AGENDA ITEMS #1-4 Lillington Board of Commissioners June 10, 2025 Regular Board Meeting of the Town Board of the Town of Lillington, Tuesday, June 10, 2025 at 6:00 p.m. at the Lillington Town Hall (102 E. Front Street), Lillington, North Carolina. Board Members Present: Mayor Glenn McFadden Commissioner Marshall Page Commissioner Rupert Langdon Commissioner Danny Babb Commissioner Patricia Moss Board Members Absent: Mayor Pro Tempore Neil McPhail Staff Present: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager Alicia Adams, Administrative Services Director Landon Chandler, Planning Director Jillian Brookshire, Planning Technician Shane Cummings, Town Engineer Frank Powers, Police Chief Tony Buzzard, Attorney Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order and welcomed those in attendance at 6:00 p.m. Invocation: Commissioner Page held the invocation. Agenda Consideration: Mayor Glenn McFadden presented the agenda for the consideration by the Town Board. Commissioner Page moved to approve the agenda as presented. The motion was seconded by Commissioner Moss and approved unanimously. (Minute Book Notation: Agenda is on file at Lillington Town Hall). Public Comment: Mayor Glenn McFadden inquired as to whether anyone wished to address the Town Board. No one was signed up Consent Agenda: Commissioner Langdon moved that the consent agenda items be approved as submitted to the Board. The motion was seconded by Commissioner Babb and the following consent agenda items were approved unanimously. Lillington Board of Commissioners June 10, 2025 Item #1 Work Session Minutes from May 12, 2025 Item #2 Closed Session Minutes from May 12, 2025 Item #3 Regular Session Minutes from May 13, 2025 Item #4 Special Meeting Minutes from May 20, 2025 Item #5 Approval of Computer Services Agreement between the Town of Lillington and County of Harnett Item #6 Resolution By Governing Body by Recipient for Directed Projects grant from the 2023 Appropriations Act, Session Law 2023-134 Item #7 State of North Carolina Department of Environmental Quality Division of Water Infrastructure Funding Offer and Acceptance SRP-W-134-0242 Item #8 Approval of Temple Grading & Construction, Inc. Change Orders PUBLIC HEARING Item #9 Public Hearing for Consideration of Approval of Proposed Fiscal Year (FY) 2025-2026 Town of Lillington Annual Budget per § 159-13. Mayor Glenn McFadden opened the Public Hearing at 6:02 p.m. Mayor McFadden recognized Joseph Jeffries, Town Manager. Mr. Jeffries briefed the Board on the Proposed Fiscal Year 2025-2026 Annual Budget. He explained the budget was prepared in accordance with §159-8. Mr. Jeffries went into detail with the Board describing the proposed budget, which includes the Budget Ordinance, Fee Schedule, Manager’s Message, and itemized budget for each fund. Mr. Jeffries highlighted the changes outside of general operations, which includes a five percent cost of living increase for full time employees. The employer contribution retirement rates were increased .72% for general employees and 1% for police officers. Mr. Jeffries thanked all staff and the Board of Commissioners for all their hard work and support during the preparation of the budget. Mayor McFadden polled the Board of Commissioners and there were no additional questions. As there were no other speakers, the Public Hearing was closed at 6:09 p.m. Item #9A Consideration of Approval of FY2025-2026 Budget Ordinance A motion was made by Commissioner Page to approve Fiscal Year 2025-2026 Budget Ordinance. The motion was seconded by Commissioner Moss and approved unanimously. Lillington Board of Commissioners June 10, 2025 NEW BUSINESS Item #10 Consideration of Façade Grant Application for 809 S. 8th Street, “The Physique Boutique” Mayor McFadden recognized Jillian Brookshire, Planning Technician. Ms. Brookshire stated she was before them regarding a request for a Facade Improvement from Jamie Campbell, owner of The Physique Boutique. The boutique is located at 809 S 8th Street. Ms. Brookshire went through the application that was submitted, and you could see that Ms. Campbell has done significant work to the exterior of the building including siding, a new sign and windows. Ms. Campbell would like for the Board to consider her Façade Grant Application. Commissioner Langdon made a motion to approve the Façade Grant Application for 809 S 8th Street. Commissioner Babb seconded the motion that passed unanimously. Non-Agenda Items: Mayor Glenn McFadden inquired as to whether there were any non-agenda items that should be addressed by Town Board members or staff. The Board thanked staff for the time and effort they put in to preparing the Budget. Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner Langdon and a second by Commissioner Page. Attest: ____________________________ ____________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor Lillington Board of Commissioners June 26, 2025 Special Session Meeting Minutes Work Session Meeting of the Town Board of the Town of Lillington, Thursday, June 26, 2025 at 8:30 a.m. at the Lillington Town Hall (102 E. Front Street), Lillington, North Carolina. Board Members Present: Mayor Glenn McFadden Mayor Pro Tempore Neil McPhail Commissioner Rupert Langdon Commissioner Marshall Page Commissioner Danny Babb Commissioner Patricia Moss Staff Present: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager Lindsey Lucas, Town Clerk Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order at 8:30 a.m. NEW BUSINESS Item #1 Discussion and Consideration of Approval of Budget Amendment #9 Mayor McFadden recognized Lisa Young, Assistant Town Manager. Ms. Young asked the Board to consider approving the final budget amendment for the fiscal year. Commissioner Langdon made a motion to approve Budget Amendment #9. Commissioner Moss seconded the motion that passed unanimously. Item #2 Closed Session to Meet per §143-318.11(a)(5) Commissioner McPhail made a motion to enter Closed Session. Commissioner Langdon seconded the motion that passed unanimously. Commissioner McPhail made a motion to come out of Closed Session. Commissioner Page seconded the motion that passed unanimously. Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner Page and a second by Commissioner Babb. Attest: ____________________________ _______________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor PROFESSIONAL SERVICES AGREEMENT July 9, 2025 Town of Lillington c/o Alicia Adams 102 East Front Street Lillington, NC 27546 ALAdams@LillingtonNC.org Subject: Capeton Greenway/Multi-Use Trail (“Project”) KCI Associates of North Carolina, P.A. (“KCI”) is pleased to submit this professional services agreement (“Agreement”) to The Town of Lillington, North Carolina (“Client”) for the services described in the Section A (SCOPE OF SERVICES) of this Agreement (“Services”). The Agreement shall be valid for a period of thirty (30) business days from the date above. Acceptance and execution thereafter shall be conditioned on KCI’s reaffirmation of the Agreement. The General Provisions attached as Exhibit A are incorporated herein and made a part hereof. If this Agreement is executed by Client, then this Agreement and the General Provisions shall constitute a complete and legally binding contract between KCI and Client. A. SCOPE OF SERVICES This Agreement is limited exclusively to the Services as described below and anything not expressly described shall be considered expressly excluded from the Services. Any modifications to the Services made after execution of this Agreement will be Additional Services (as hereinafter defined) unless otherwise agreed to in writing by both parties. Figure 1- Proposed Alignment Professional Services Agreement Page 2 (North Carolina) Ver. March 2025 KCI will perform the following Services pursuant to the anticipated schedule as noted: Create Construction Drawings for the ~2.6 miles of greenway trail as shown with the alignment above in Figure 1 with the following tasks: • Task 1 – Create 30% Design Drawings (Schematic Drawings) o Survey verification and incorporation. o Utility Coordination o Basis-of-Design (BOD) Narrative Creation o Preliminary Opinion of Probably Cost o Kickoff Meeting (in person) o 30% Design Drawings (anticipated sheets – one submittal) ▪ Title Page ▪ General Construction Notes ▪ Existing Conditions Plan ▪ Site Plan ▪ Grading Plan ▪ Erosion Control & NPDES Plan • Task 2 – Create 60% Design Development Drawings o On-site meeting with Town to review town comments. o Develop Specifications Table-of-Contents o Updated Opinion of Probably Cost o Updated BOD Narrative o Two virtual design team meetings o 60% Design Drawings (one submittal) ▪ Update 30% sheets ▪ Greenway Plan & Profile sheets ▪ Storm Drainage Plan ▪ Easement Plat ▪ Traffic Control Plan (if needed) ▪ Details • Task 3 – Create 100% Design Drawings (Issued For Construction) Drawings o On-site meeting with Town to review town comments. o Develop Specifications o Updated Opinion of Probably Cost o Updated Basis of Design (BOD) Narrative o Two virtual design team meetings Professional Services Agreement Page 3 (North Carolina) Ver. March 2025 o IFC Drawings (up to two submittals) ▪ Update 60% sheets • Task 4 – Permitting & Final Documents o Final Opinion of Probable Cost o Final Utility Coordination o NCDEQ Land Disturbance Permit o Town of Lillington TRC Major Site Plan ▪ One (1) Design Team Meeting o Town of Lillington TRC Site Construction Plan ▪ One (1) Design Team Meeting o NCDOT Wayfinding Encroachment (2 permits) o 404/401 Impacts permit • Task 5 – Bidding & Construction Administration Services o Bid package creation o Attend Pre-bid meeting o Address Pre-bid RFI’s and release addendum(s) o Attend Bid-opening ▪ Provide Analysis of Bids to ensure all bidders meet minimum requirements, have marked acceptance of all addendums and then make a recommendation for Town award. o Up to twenty-six (26) bi-weekly meetings for a 12-month construction period. ▪ KCI will facilitate these meetings, take progress pictures, and deliver a report to the Town. o Up to six (6) “special” meetings within the 12-month period. ▪ These special meetings will include the initial Kickoff meeting, Closeout meeting, Punchlist meeting(s), and any other request by the Town. o Address up to twelve (12) construction RFI’s from contractor. RFI’s may come at any part in the construction process but averages out to one/month. o Review and recommend up to twelve (12) monthly Contractor Pay Requests Project Schedule KCI will begin work within 14 days of receiving a written authorization/Notice-to-Proceed and will deliver the deliverables for Task 1 within 45 days of receiving NTP. KCI will then return all redline comments for a subsequent submittal within one month of receiving comments from the town. The town assumes the construction will include a twelve-month (12-month) construction timeframe. Professional Services Agreement Page 4 (North Carolina) Ver. March 2025 B. ASSUMPTIONS, EXCLUSIONS, AND CAVEATS This Proposal is limited exclusively to the Services as described above and anything not expressly described shall be considered expressly excluded from the Services. Any modifications to the Services made after execution of this Proposal will be Additional Services unless otherwise agreed to in writing by both parties. The list below details some common exclusions and assumptions but is not intended to be an exhaustive or complete list of exemptions. 1. Topographic Surveys are delivered by the Town and shall be complete and usable. 2. Wetland/stream Jurisdictional Determinations have been completed by others and approved by the USACE. i. 404/401 Impacts for the greenway trail is assumed to be a part of this project and is included in the scope. 3. General greenway alignment is approved and provided by others. Public stakeholder involvement is not a part of the scope. Alignment may be altered slightly but any major modification in alignment will require a modification for permitting issues. 4. A No-rise certification is provided by others and no hydraulic modeling is provided in this scope. As-built hydraulic modeling is also not included in this scope. 5. Endangered Species, Fish and Wildlife surveys has been completed by others and nothing was found preventing the design of the greenway per the initial alignment. 6. It is assumed that funding for this project is currently provided by local/town funds. Permitting and scope are aligned with this assumption. If federal/state funding is obtained for this project, additional scope may be required. One example is that NEPA documentation/permitting is not included in this scope buy may be required if federal funding is obtained. 7. Environmental Site assessments and Endangered Species Analysis have been completed by others and are not a part of the proposal. 8. Geotechnical, SUE, Landscape Architecture, Wayfinding and Electrical designs are not included in the scope. 9. Structural Design of pedestrian bridges/boardwalks is not included in the scope. 10. Presentations to the town council and/or department heads are not included in this proposal but can be provided at the hourly rate agreed to in the signed Master Services Agreement. 11. Construction Administration is scoped to attend bi-weekly meetings for one year (56 weeks which require 28 regular site visits). If construction extends beyond 12 months, a modification would be required. 12. Materials testing is not included in the Scope. 13. If any non-catalog order or new/custom building structures are being proposed as part of the Landscape Architecture & Amenity Plans, the architectural and structural design of any such structures (ie: trellises, pergolas, decks, overlook structures, etc.) are not included in this scope and fee proposal. 14. Irrigation design is not included. KCI’s Landscape Architecture & Amenity Plans will use native plants with moderate drought tolerance in our design solutions. 15. The Landscape Architecture & Amenity Plans will have “on-drawing” specs. CSI format or “book specifications” are not included. 16. Site Lighting Plan to be provided by others. 17. KCI will coordinate with Greenfield Development team regarding site access. Professional Services Agreement Page 5 (North Carolina) Ver. March 2025 18. Town will provide previous easement maps regarding any existing easements. 19. Access to site will be permitted and unrestricted within standard work hours. 20. Private boardwalks outside the main alignment will be designed by Greenfield Development team. 21. Construction Administration services do not include daily inspections. It is understood that daily inspections/issues will be addressed by Town staff. 22. Town will provide front-end documents for bid package. C. FEES AND PAYMENTS The following fees are for the performance of the Services listed in Section A (SCOPE OF SERVICES). The fees listed in this section do not cover any Additional Services, Changed Conditions (as defined subsection 2.b. of the General Provisions), or any other services that are not specifically described as part of the Services. Changed Conditions or Additional Services may result in an adjustment to estimated fees and/or schedules. KCI shall bill and be paid for fees that exceed the fee estimate as a result of Changed Conditions or Additional Services in accordance with this Agreement. KCI will submit monthly invoices for the Services and Additional Services rendered. Client agrees to comply with the payment terms at Section 9.e (PAYMENTS) of the General Provisions. KCI’s fee for the Services will be a lump sum by task further described below and will be invoiced monthly based on the percentage of each task performed: Task Description Fee Task 1 30% Design (Schematic) Design Development & Owner Review $ 57,500.00 Task 2 60% Design Development & Owner Review $ 72,000.00 Task 3 Issued for Construction Drawings & Owner Review $ 77,500.00 Task 4 Permitting $ 70,000.00 Task 5 Bidding & Construction Administration $ 99,500.00 Total = $ 376,500.00 D. DIRECT EXPENSES AND CHARGES In addition to the above fees, Client shall also pay KCI the following expenses and charges (“Direct Expenses and Charges”): 1. Cost plus fifteen percent (15%) for fees associated with the filing of applications and permits and for reproductions and prints, special mailings and courier fees as requested or required in KCI’s normal performance of the Services. 2. $0.70 per mile for all automobile mileage associated with KCI’s normal performance of the Services. Professional Services Agreement Page 6 (North Carolina) Ver. March 2025 3. Cost plus fifteen percent (15%) for any subcontracted services and equipment rental, if required. The determination as to whether subcontract services are required shall be made solely by KCI. E. ADDITIONAL SERVICES Experience indicates that certain additional services (“Additional Services”) may be appropriate, required, or necessary that KCI cannot presently determine or estimate. For this reason, the fee for Additional Services is not included in Section C (FEES AND PAYMENTS) of this Agreement. Further, the performance of these Additional Services is not included in Section A (SCOPE OF SERVICES) unless expressly described therein. These Additional Services are the result of many situations and decisions too numerous to fully describe here, but two such examples are Client’s decision, or Client’s contractor’s, to deviate from current plans or standards, or a reviewing agency/regulator determination. For clarity, Additional Services include the common understanding and purpose of the terms: extras, change orders, and add-ons. F. FEES AND PAYMENTS FOR ADDITIONAL SERVICES Fees and payments for Additional Services shall be in addition to any fees and payments for the Services and shall be billed and paid on the same fee and payment terms described for the Services or as mutually agreed upon in written amendment when the Additional Services are ordered by the Client. (Remainder of page left intentionally blank.) Professional Services Agreement (North Carolina) G. CONCLUSION KCI welcomes the opportunity to collaborate with The Town of Lillington, North Carolina on the Project. If you have questions about this Agreement or the General Provisions, the point of contact for KCI (“POC”) is Jose Martinez, who may be contacted at either 919-278-2460 or Jose.Martinez@KCI.com. Respectfully, Jim Gellenthin, PLS Vice President, Regional Practice Leader 4800 Falls of Neuse Rd, Suite 200 Raleigh, NC 27609 Jim.Gellenthin@KCI.com ACCEPTANCE The person executing this Agreement on behalf of Client does hereby warrant that he/she has full authority to do so. By signing this Agreement, Client hereby accepts the Agreement and General Provisions. Unless otherwise identified in Section 17 (NOTICES) of the General Provisions, Client agrees that the person executing this Agreement will be the designated recipient. This Agreement will go into effect as of the date of the signature below. Please provide a copy of the signed Agreement to the KCI POC. Town of Lillington, North Carolina BY: ______________________________ Signature ______________________________ Name ______________________________ Title ______________________________ Date Ver. March 2025 EXHIBIT A GENERAL PROVISIONS These General Provisions are incorporated by reference in the Agreement for the performance of Services by KCI as of the date of the executed Agreement. 1. START OF SERVICES. KCI will not provide Services until Client executes the Agreement creating a contract. However, if Client fails to return an executed copy of the Agreement to KCI and Client requests and authorizes KCI to proceed with Services, the terms and conditions of this Agreement will be in force and govern the Services and the relationship of the parties from the date of such authorization. 2. ADJUSTMENTS TO FEE AND TIME a. Fees quoted in the Agreement are based on current salaries, operational costs and the Services as initially presented by Client. Unless a lump sum fee is quoted, KCI shall have the automatic right to adjust the fee basis to reflect change in salaries and operational cost on each twelve (12) month anniversary following the date of the Agreement. Estimates stated in the Agreement are provided for convenience of the Client and KCI may adjust the estimates as necessary once Services commence if the Services are not as originally described or anticipated. KCI will not perform the Services requiring an adjustment to the estimates without written approval from Client. b. Should conditions be encountered in the performance of the Services that KCI has reason to believe are in variance with the conditions initially indicated by the Client or documents provided by the Client and differing materially from those ordinarily encountered and generally recognized as inherent in the Services, hereinafter called “Changed Conditions”, KCI shall, prior to modifying its Services or disturbing such Changed Conditions, give notice to Client of such Changed Conditions and an estimate of additional time and cost, if applicable, to provide the Services in relation to the Changed Conditions. Upon receipt of KCI’s notice of Changed Conditions, Client shall determine how to proceed with the Project, and the parties shall execute an amendment to this Agreement if Client agrees with KCI’s notice. c. Although KCI will attempt to complete all Services in a timely fashion, KCI does not guarantee, expressed or implied, the time when Services are completed. If applicable, KCI will coordinate with the Client in scheduling and performing the Services to avoid conflict, delay in or interference with Client’s work or others performing at the Project site. 3. CONDUCT OF THE SERVICES a. If applicable to the Services, all concept, preliminary and final plans prepared by KCI will be submitted to Client for approval prior to or concurrent with submittal to appropriate governmental authorities. If Client does not respond to such plans within five (5) business days of receipt, the plans shall be deemed approved by Client. After Client’s approval, any change shall be deemed Additional Services for which KCI shall receive additional compensation. KCI shall not be obligated to incorporate changes requested by Client into its plans if, in the opinion of KCI, such changes are not in accordance with the Standard of Care (as hereinafter defined). b. If applicable to the Services, any reference to existing subsurface objects is provided for general reference based on existing information supplied to KCI by the Client or others and such locations are not to be considered exact. At least forty-eight (48) hours before penetrating the ground, Client agrees to contact the local “State One-Call System (Dial 811)” and have a utilities representative on site unless otherwise stated in the Services. 4. STANDARD OF CARE. KCI will perform the Services in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locale (“Standard of Care”) and conform, as applicable, to appropriate federal, state and local laws, regulations and codes relevant to this Agreement. KCI makes no warranty, express or implied, of the Services. Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed by either party to the other. 5. RIGHT OF ENTRY; PERMITS; LICENSES; SAFETY a. Client shall provide rights of entry and all permits necessary for the completion of the Services under this Agreement at no cost to KCI unless otherwise defined in the Agreement. If applicable to the Services, Client represents, warrants and covenants that it possesses either (1) valid title and ownership interests in, or (2) the right to transfer, assign or encumber, the real property or parcel(s) of land that is the focus of or is related to the Services. Ver. March 2025 b. If applicable to the Services, if Client possesses neither valid title and ownership interests in, nor the right to transfer, assign or encumber, the real property or parcel(s) of land related to the Services, one of the following conditions must be fulfilled by Client within ten (10) business days after receipt of a fully executed copy of this Agreement: i. Client must secure express written authorization from the rightful owner of the property that (1) grants KCI the right to provide the Services on or about the property or parcel(s) in question; and (2) acknowledges and affirms the entire terms of this Agreement and the range of Services rendered by KCI; or ii. Client must pay an additional fee to KCI in an amount equal to thirty percent (30%) of the gross contract before KCI commences the Services so that KCI may coordinate rights of entry directly with from the rightful owner of the property pursuant to terms and conditions acceptable to KCI. c. KCI represents that its personnel providing the Services are appropriately skilled and licensed in the State in which the Project is located. d. If applicable to the Services, if the Services require KCI personnel or subconsultants to be at the Project site, KCI will be responsible for the health and safety of its employees and anyone for whom it is legally liable and will comply with the Client’s or any of Client’s contractor’s or representative’s reasonable health and safety requirements while at the Project site, which requirements will be provided to KCI at least ten (10) business days prior to arrival on the Project site. KCI shall not be responsible for any health and safety precautions or programs of Client or any of Client’s contractors or representatives. e. If applicable to the Services, neither the professional activities of KCI, nor the presence of KCI or its employees or subconsultants at the Project site, shall relieve the Client, or the Client’s general contractor or, as applicable, any other third party engaged by the Client, of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Services in accordance with the Project documents and any health or safety precautions required by any regulatory agencies. KCI and its personnel have no authority to exercise any control over any other third parties, including a construction contractor or its employees in connection with their work or any health or safety programs or procedures. Client, its general contractor or any other third party engaged by the Client shall be solely responsible for jobsite health and safety. 6. DOCUMENTS a. Upon final payment, KCI assigns to Client any and all rights, title and interest, including, without limitation, patents, trademarks, copyrights, trade secrets and other proprietary rights, to the Documents and Materials created by KCI specifically for Client hereunder and required to be delivered to Client by virtue of the description or specification as a deliverable in the applicable Services. “Documents and Materials” are the documents, drawings, and any specifications, computations, electronic data files, sketches, test data, survey results, photographs, and other material required for the provision of the Services. b. Until final payment and during the provision of Services, KCI will provide the Documents and Materials to Client pursuant to a limited, non-transferable, no fee, worldwide, license to use the Documents and Materials solely for the purpose of the Project. Client may not copy, distribute, display, or create derivative works from the Documents and Materials except as necessary for the Project until ownership passes at the time of final payment. Under no circumstances or at any time (including after any assignment has been effectuated) may Client modify the Documents and Materials without KCI’s express written permission and, when permitted, any such modifications will be clearly marked as being made by the Client. c. Where the Documents and Materials are marked with KCI’s copyright notices or other indicia or authorship, Client may not remove or modify any such marking without the prior written permission of KCI during the duration of the Project or anytime thereafter (including after any assignment has been effectuated). Notwithstanding anything to the contrary contained herein, KCI retains all right to its knowledge, experience, and know-how (including processes, ideas, concepts, and techniques) acquired in the course of performing the Services. KCI may, but is not obligated to, keep copies of all Documents and Materials for its records. d. If there is a discrepancy between that which is described or depicted on any Documents or Materials in electronic files and that which is described and depicted on the hard copies of such Documents or Materials, the hard copies shall govern. Ver. March 2025 e. In the event Client or anyone for whom Client is legally liable makes or permits to be made any changes or modifications to the Documents and Materials, including electronic files, without obtaining KCI’s prior written consent, Client assumes full responsibility for such changes or modifications, including any consequences thereof. Client waives any and all claims against KCI and releases and indemnifies KCI from any liability arising directly or indirectly from unauthorized changes or modifications. 7. INDEMNIFICATION AND LIABILITY a. KCI shall indemnify and hold harmless Client, its officers, directors, and employees, from claims, damages, losses and expenses, including reasonable attorney’s fees, to the extent caused by the negligent acts, errors or omissions of KCI, or anyone for whom KCI is legally responsible, in the performance of the Services under this Agreement. KCI will reimburse Client for Client’s reasonable defense costs incurred by Client to defend claims arising out of KCI’s professional negligence based on the percentage of KCI’s liability. b. The foregoing hold harmless and indemnity obligations shall apply solely to any such causes of action, damages, costs, expenses or defense obligations covered by KCI’s insurance. c. Client shall indemnify and hold harmless KCI, its officers, directors, and employees against all damages, liabilities or costs, including reasonable attorney’s fees, to the extent caused by the negligent acts, errors or omissions of Client and the acts of anyone for whom Client is legally responsible in connection with this Agreement. d. Neither the Client nor KCI shall be obligated to indemnify the other party in any manner whatsoever for the other party’s own negligence. e. If applicable to the Services, Client warrants that it has and will comply with all lawful obligations regarding hazardous or toxic substances, and shall indemnify and hold KCI harmless from any loss, damage, expenditure or liability arising out of or in any way relating to the presence, discharge, exposure or release of hazardous or toxic substances of any kind except to the extent it is the direct result of KCI’s sole negligence. f. To the fullest extent permitted by law, the total liability, in the aggregate, of KCI and its officers, directors, and employees to Client and anyone claiming by, through or under Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to the Services or this Agreement, from any cause or causes whatsoever, including but not limited to, negligence, strict liability, breach of contract or breach of warranty shall not exceed $25,000 or the total compensation received by KCI under this Agreement, whichever is the lesser. g. Neither party shall have liability for special, incidental, or consequential damages, lost revenues, lost profits, or punitive/exemplary damages, regardless of whether either party is or was aware of the possibility or actuality of such damages and regardless of the form or theory of relief of any claim or action. h. If applicable to the Services, KCI shall not be liable for work performed by other parties, for the accuracy of data supplied by other parties upon which KCI may rely, for testing or inspection work performed by others, nor for any loss or damages claimed to result from penetration of the ground unless the loss or damage is a direct result of KCI’s sole negligence. i. If applicable to the Services, to the fullest extent permitted by law, KCI’s maximum liability to Client for any and all claims, actions, damages, or losses arising out of or in any way related to mold shall not exceed the amount of any insurance coverage available to satisfy any claim made against KCI within the scope of any such coverage in existence at the time the claim is resolved by way of settlement award or judgment (exclusive of any required deductible). In no event shall KCI be liable for any claims or damages of any nature, regardless of the insurance, (including costs relating thereto) for bodily or personal injury related to mold claims. 8. INSURANCE. KCI maintains at least the following insurance: 1) Commercial General Liability Insurance, including contractual liability, with a limit of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate; 2) Workers’ Compensation Insurance in compliance with the statutes of the State that has jurisdiction over its employees providing the Services to the required statutory amount; 3) Commercial Automobile Liability Insurance with a combined single limit of two million dollars ($2,000,000); and 4) Professional Liability Insurance in the amount of at least two million dollars ($2,000,000). KCI’s insurance, except workers’ compensation and professional liability, shall identify Client as an additional insured. KCI will provide certificates of insurance upon request. 9. CONFIDENTIALITY Ver. March 2025 a. “Confidential Information” shall mean any confidential or proprietary business, technical, financial or other non-public information or materials in a tangible or electronic format of a party (“Disclosing Party”) provided to the other party (“Receiving Party”) in connection with this Agreement and the Project, whether orally or in physical form, that is not generally known or available to others. However, Confidential Information shall not include information (i) previously known by Receiving Party without an obligation of confidentiality; (ii) acquired by Receiving Party from a third party which was not, to Receiving Party’s knowledge, under an obligation of confidentiality; (iii) that is or becomes publicly available through no fault of Receiving Party; or (iv) that Disclosing Party gave written permission to Receiving Party to disclose, but only to the extent of such permitted disclosure. b. Confidential Information produced or provided by either party relating to the Project shall not be released to other parties or be the subject of any public announcement or publicity release without the other party’s written authorization. The submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not a publication as stated herein. c. Except as required by applicable law, each Receiving Party agrees that (i) it will use Confidential Information of Disclosing Party solely for the purpose of the Agreement; and (ii) it will not disclose the Confidential Information of the Disclosing Party to any third party other than the Receiving Party’s employees or agents, on a need-to-know basis, who are bound by obligations of nondisclosure and restricted use at least as strict as those contained herein, provided that Receiving Party remains liable for any breach of the confidentiality provisions of this Agreement by its employees or agents. The Receiving Party will protect the Confidential Information of the Disclosing Party in the same manner that it protects the confidentiality of its own proprietary and confidential information, but in no event using less than a reasonable standard of care. d. In the event Receiving Party receives a subpoena or other administrative or judicial demand for any Confidential Information of Disclosing Party, Receiving Party will give Disclosing Party prompt notice of such subpoena or demand and allow Disclosing Party to assert any available defenses to disclosure. Upon request by Disclosing Party and excluding necessary back-ups and record retention policies, Receiving Party will return or destroy all copies of any Confidential Information of the Disclosing Party and will destroy the copies kept consistent with record retention policies. Confidential Information will at all times remain the property of the Disclosing Party. e. The provisions of this Section will expire three (3) years after the expiration or termination of the Agreement. 10. PAYMENTS a. Invoices submitted by KCI to Client are due and payable in full for undisputed amounts no later than thirty (30) days after receipt. If Client has a specific format or required information to be included in the invoice, Client will provide those details to KCI at the time of executing this Agreement. KCI does not agree to any retainage or withholding unless specifically agreed to in writing. b. If any invoiced amount is disputed, Client will provide a detailed written explanation of the dispute and the parties agree to follow the dispute process in Section 11.e (DISPUTE RESOLUTION). Both parties agree to continue fulfilling the obligations of this Agreement during resolution of the dispute. c. If undisputed amounts of an invoice remain unpaid for more than sixty (60) days from the date of the invoice, KCI, at its discretion and as allowable by law, may impose any or all of the following remedies: (1) apply a service charge of one and one half percent (1.5%) simple interest per month, eighteen percent (18%) per annum; (2) stop all Services, provided Client is given three (3) business days prior notice to cure; (3) withdraw all certifications and plans previously submitted; (4) assert a lien on the property; (5) file suit for the collection of said overdue invoices in any court of competent jurisdiction; and (6) undertake any other remedies accorded it by law or this Agreement. An exercise of one or more of these actions shall not be deemed a waiver of future exercise of other actions. d. As full and complete compensation for the Services, including all sales, excise, employment, use and other applicable taxes, fees and all other amounts imposed by governing authorities that are applicable to the Services, Client shall pay the KCI invoices. KCI shall be responsible for the payment of all taxes covering the Services, including the payment of all applicable taxes covering its employees. 11. TERMINATION Ver. March 2025 a. Upon three (3) days’ notice to the other party, this Agreement may be terminated for convenience by either party, with or without cause and at the party’s sole discretion. Upon termination for convenience, neither party shall have any further claims against each other provided that Client shall pay KCI for all Services performed through the date of termination. b. Upon payment for all Services performed through the date of termination for convenience, neither party shall have any further claim for any type of damages and this Agreement will be deemed completed as of the date of the termination for convenience as if the Services included only those Services completed through the date of the termination for convenience. c. If Client has paid KCI in full pursuant to the terms of a termination for convenience, Client has the option within thirty (30) business days of the notice to terminate for convenience to request Services to resume provided KCI is given ten (10) business days notice as to when Services shall resume and only after Client and KCI have agreed on the Services, schedule, and fee. If Client fails to resume the Services as provided herein, KCI shall have no obligation to resume the Services at any time thereafter. d. If the termination for convenience is due to Client being terminated for convenience, then Client shall vigorously pursue on behalf of KCI the compensation due KCI. KCI will cooperate fully in Client’s efforts to pursue any claims allowed including providing any necessary documentation and cost records. e. Either party may terminate this Agreement for cause should the other party fail to carry out their obligations and requirements in accordance with this Agreement, which shall constitute a breach of this Agreement. In such event, the terminating party shall give notice to the intended terminated party explaining the cause for termination thereby initiating the option to cure the default and take substantial steps to correct such default within three (3) business days after receipt of notice. If the intended terminated party fails to take substantial steps in the time allotted, the other party may immediately terminate this Agreement. 12. DISPUTE RESOLUTION a. The parties agree that all claims, disputes, and other matters in question between the parties arising out of or relating to this Agreement or breach thereof (“Claim”) shall first attempt to be resolved between themselves including escalating up to the appropriate levels of each party. If after thirty (30) business days the Claim remains unresolved, then the parties agree to submit the Claim for confidential, non-binding mediation with both parties agreeing to the mediator no later than forty-five (45) days after written agreement to engage in mediation. The fees and expenses of the mediator shall be equally shared by both parties. Each party is responsible for their own costs, expenses, consultant fees and attorney fees incurred in the presentation or defense of the Claim that is subject to mediation between the parties. The parties agree to fully cooperate and participate in good faith to resolve the Claim. No written or verbal representation made by either party in the course of any discussions attempting to resolve the Claim or other settlement negotiations shall be deemed to be a party admission. Both parties agree that the choice of law shall be the laws of the State in which the Project is located, regardless of any other choice of law provisions. b. If mediation fails to resolve the Claim within six (6) months, the Claim shall be submitted for determination through litigation in a court of competent jurisdiction in the County or City of the State in which the Project is located. Prior to the exercise of this right, the party seeking judicial relief shall provide the other party thirty (30) days’ prior notice before filing such judicial action. 13. CERTIFICATE OF MERIT. Either consistent with the applicable Certificate of Merit statute or pursuant to this Agreement, Client shall make no claim (whether directly or in the form of a third-party claim) against KCI unless the Client shall have first provided KCI with written certification executed by an independent engineer licensed in the State where the Services are being performed, specifying each and every act or omission that the certifier contends constitutes a violation of the standard of care consistent with Section 4 (STANDARD OF CARE). Such certificate shall be provided thirty (30) days prior to the presentation of any such claim or the institution of any dispute resolution process pursuant to Section Error! Reference source not found. (DISPUTE RESOLUTION). 14. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY a. If applicable to the Services, KCI will comply with the requirements of 41 CFR §§ 60-1.4(a) and 41 CFR 60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, national origin, or for inquiring about, discussing, or disclosing information about compensation. Moreover, these regulations require that Ver. March 2025 covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, or disability. b. If applicable to the Services, KCI will comply with the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, national origin, or for inquiring about, discussing, or disclosing information about compensation. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. KCI shall comply with all the provisions set forth in 29 CFR Part 471, Appendix A to Subpart A (Executive Order 13496). 15. ASSIGNMENT, DELEGATION, AND SUBCONTRACT. KCI may subcontract any portion of this Agreement without the prior written consent of Client. Neither party may assign any portion of this Agreement without the prior written consent of the other party, which shall not be unreasonably withheld. Any assignment shall not operate to relieve that party of performing its obligations and responsibilities per this Agreement. Any assignment shall provide for and require the same protections as to the other party and levels of performance at least equal to those provided for in this Agreement. 16. THIRD PARTY BENEFICIARY. The parties agree that the Services performed by KCI pursuant to this Agreement are solely for the benefit of the Client and are not intended by either party to benefit any other person or entity. To the extent that any other person or entity is benefited by the Services performed by KCI pursuant to this Agreement, such benefit is purely incidental and such other person or entity shall not be deemed a third-party beneficiary to this Agreement. 17. FORCE MAJEURE. If and to the extent that either party is prevented, precluded or hindered from performance under this Agreement by force majeure circumstances, including acts of God, the elements, acts of terrorism, disease, viruses, pandemic, epidemic, acts of governmental authorities, strikes, lockouts, casualties, or other similar or dissimilar causes beyond its reasonable control, such performance shall be excused, but only for the time period and to the extent that such performance is prevented, precluded or hindered by such causes. Time of performance of the party’s obligations hereunder shall be extended by a time period reasonably necessary to overcome the effects of such force majeure occurrences. 18. NOTICES a. All notices shall be sufficient if in writing and delivered in person, or sent by certified mail receipt requested or email to the party’s designated recipient at the following: Client: Alicia Adams Town of Lillington 102 East Front Street PO Box 296 Lillington, NC 27546 910-893-0306 ALAdams@LillingtonNC.org KCI: Jose F. Martinez III, Practice Leader 4800 Falls of Neuse Rd, Suite 200 Raleigh, NC 27609 919-278-2460 Jose.Martinez@KCI.com b. Unless otherwise identified above, the person executing this contract for Client will be the designated recipient. c. Notice will be considered made as of the date of actual delivery if in person, as of the date of the receipt if sent via certified mail, or two (2) business days after the date of the email. d. Changes in the designated recipient and/or contact information from the above will not be effective until such time as notice is provided to the other party in accordance with this Section 17 (NOTICES). Ver. March 2025 19.OPINIONS OF COST. If applicable to the Services, KCI will use commercially reasonable efforts and its experience on similar projects to provide realistic opinions of costs for remediation or construction as appropriate based on reasonably available data, KCI’s designs, or KCI’s recommendations. However, such opinions are intended primarily to provide information on the order of magnitude or scale of such costs and are not intended for use in firm budgeting or negotiation. Client understands actual costs of such work depend on regional economics, local construction practices, material availability, site conditions, weather conditions, contractor skills, and many other factors beyond KCI’s control. 20.CONDOMINIUM CONVERSION. If applicable to the Services, Client acknowledges that should this Project be converted at any time to a condominium project, the risks to KCI inherent in condominium projects are disproportionate to KCI’s fee and KCI’s potential liability for problems or alleged problems with such condominium projects. Therefore, to the fullest extent permitted by law, Client shall indemnify, defend and hold harmless KCI and its respective officers, employees and agents from and against any claim, suit, demand, liability, damage, loss or expense (including reasonable attorney’s fees and costs of defense) that arise from any class action lawsuit or lawsuit by two or more unit owners or by the condominium association or its board of directors or equivalent managing body, related to the design or construction of this Project except where KCI is found solely at fault. Unless prohibited by applicable law, this paragraph shall specifically apply to claims alleging KCI’s negligence. Client is hereby prevented from any assignment of rights, claims, or causes of action against KCI and its respective officers, employees, and agents. 21.MISCELLANEOUS PROVISIONS a.Any pre-printed terms and conditions on the front, back or attached to a request for proposal, bid, quotation, purchase order, acknowledgement, bill of lading or any other accounting, shipping or confirmation document issued by either party shall be null and void, unless expressly agreed in writing by both parties. Such forms may be issued by the parties as a matter of convenience to the parties without altering any of the terms or provisions hereof. b.This Agreement and all the terms herein may only be amended, deleted, or otherwise altered by a written document signed by KCI and Client. c.The failure of either party to enforce or act upon any right afforded it by this Agreement shall not be deemed a waiver of such right for future acts of a similar nature. d.This Agreement shall be governed by the laws of the State in which the Project is located, regardless of its or any other choice of law provisions. e.Both parties agree that KCI is an independent contractor. f.KCI shall have the right, at its expense, to post prominently advertising signage at the location and on vehicles and equipment acknowledging KCI is providing services. g.This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other agreements, oral or otherwise regarding the subject matter of this Agreement exist. h.If any provision of this Agreement is deemed invalid, illegal or unenforceable in any jurisdiction, (i) such provision will be deemed amended to conform to applicable laws of such jurisdiction so as to be valid and enforceable, or if it cannot be so amended without materially altering the intention of the parties, it will be stricken; (ii) the validity, legality and enforceability of such provision will not in any way be affected or impaired thereby in any other jurisdiction; and (iii) the remainder of this Agreement will remain in full force and effect. AGENDA ITEM SUMMARY Date of Meeting: July 15, 2025 Staff Work By: Lindsey B. Lucas, Town Clerk AGENDA ITEM Consideration of Resolution Directing the Town Clerk to Investigate a Contiguous Satellite Annexation Petition Received Under General Statue §160A-31 from the Town of Lillington. ITEM SUMMARY A petition for annexation for property identified as PIN #:0559-85-1555.000 submitted in accordance with § 160A-31 by property owner on June 30, 2025. § 160A-31. Annexation by petition. (a) The governing board of any municipality may annex by ordinance any area contiguous to its boundaries upon presentation to the governing board of a petition signed by the owners of all the real property located within such area. The petition shall be signed by each owner of real property in the area and shall contain the address of each such owner. (b) The petition shall be prepared in substantially the following form: DATE: To the _____________ (name of governing board) of the (City or Town) of ____________ 1. We the undersigned owners of real property respectfully request that the area described in paragraph 2 below be annexed to the (City or Town) of _________ 2. The area to be annexed is contiguous to the (City or Town) of _________ and the boundaries of such territory are as follows: (b1) Notwithstanding the provisions of subsections (a) and (b) of this section, if fifty-one percent (51%) of the households in an area petitioning for annexation pursuant to this section have incomes that are two hundred percent (200%) or less than the most recently published United States Census Bureau poverty thresholds, the governing board of any municipality shall annex by ordinance any area the population of which is no more than ten percent (10%) of that of the municipality and one-eighth of the aggregate external boundaries of which are contiguous to its boundaries, upon presentation to the governing board of a petition signed by the owners of at least seventy-five percent (75%) of the parcels of real property in that area. A municipality shall not be required to adopt more than one ordinance under this subsection within a 36-month period. (b2) The petition under subsection (b1) of this section shall be prepared in substantially the following form: DATE: To the ___________ (name of governing board) of the (City or Town) of ______________ 1. We the undersigned owners of real property believe that the area described in paragraph 2 below meets the requirements of G.S. 160A-31(b1) and respectfully AGENDA ITEM #5 request that the area described in paragraph 2 below be annexed to the (City or Town) of _________. 2. The area to be annexed is contiguous to the (City or Town) of _________, and the boundaries of such territory are as follows: (c) Upon receipt of the petition, the municipal governing board shall cause the clerk of the municipality to investigate the sufficiency thereof and to certify the result of the investigation. For petitions received under subsection (b1) or (j) of this section, the clerk shall receive the evidence provided under subsection (l) of this section before certifying the sufficiency of the petition. Upon receipt of the certification, the municipal governing board shall fix a date for a public hearing on the question of annexation, and shall cause notice of the public hearing to be published once in a newspaper having general circulation in the municipality at least 10 days prior to the date of the public hearing; provided, if there be no such paper, the governing board shall have notices posted in three or more public places within the area to be annexed and three or more public places within the municipality. (d) At the public hearing persons resident or owning property in the area described in the petition and persons resident or owning property in the municipality shall be given an opportunity to be heard. The governing board shall then determine whether the petition meets the requirements of this section. Upon a finding that the petition that was not submitted under subsection (b1) or (j) of this section meets the requirements of this section, the governing board shall have authority to pass an ordinance annexing the territory described in the petition. The governing board shall have authority to make the annexing ordinance effective immediately or on the June 30 after the date of the passage of the ordinance or the June 30 of the following year after the date of passage of the ordinance. (d1) Upon a finding that a petition submitted under subsection (j) of this section meets the requirements of this section, the governing body shall have the authority to adopt an annexation ordinance for the area with an effective date no later than 24 months after the adoption of the ordinance. (d2) Upon a finding that a petition submitted under subsection (b1) of this section meets the requirements of this section, the governing body shall, within 60 days of the finding, estimate the capital cost to the municipality of extending water and sewer lines to all parcels within the area covered by the petition and estimate the annual debt service payment that would be required if those costs were financed by a 20-year revenue bond. If the estimated annual debt service payment is less than five percent (5%) of the municipality's annual water and sewer systems revenue for the most recent fiscal year, then the governing body shall within 30 days adopt an annexation ordinance for the area with an effective date no later than 24 months after the adoption of the ordinance. If the estimated annual debt service payment is greater than or equal to five percent (5%) of the municipality's annual water and sewer systems revenue for the most recent fiscal year, then the governing body may adopt a resolution declining to annex the area. If such a resolution is adopted, the governing body shall immediately submit a request to the Local Government Commission to certify that its estimate of the annual debt service payment is reasonable based on established governmental accounting principles. (1) If the Local Government Commission certifies the estimate, the municipality is not required to annex the area and no petition to annex the area may be submitted under subsection (b1) of this section for 36 months following the certification. During the 36-month period, the municipality shall make ongoing, annual good faith efforts to secure Community Development Block Grants or other grant funding for extending water and sewer service to all parcels in the areas covered by the petition. If sufficient funding is secured so that the estimated capital cost to the municipality for extending water and sewer service, less the funds secured, would result in an annual debt service payment cost to the municipality of less than five percent (5%) of the municipality's annual water and sewer systems revenue for the most recent fiscal year, then the governing body shall within 30 days adopt an annexation ordinance for the area with an effective date no later than 24 months after the adoption of the ordinance. (2)If the Local Government Commission notifies the governing board that theestimates are not reasonable based on established governmental accountingprinciples and that a reasonable estimate of the annual debt service payment is less than five percent (5%) of the municipality's annual water and sewer systems revenue for the most recent fiscal year, then the governing body shall within 30days of the notification adopt an annexation ordinance for the area with aneffective date no later than 24 months after the adoption of the ordinance.(d3) Municipal services shall be provided to an area annexed under subsections (b1) and (j) of this section in accordance with the requirements of Part 7 of this Article. (e)From and after the effective date of the annexation ordinance, the territory and itscitizens and property shall be subject to all debts, laws, ordinances and regulations in force in such municipality and shall be entitled to the same privileges and benefits as other parts of such municipality. Real and personal property in the newly annexed territory on the January 1 immediately preceding the beginning of the fiscal year in which the annexation becomes effective is subject to municipal taxes as provided in G.S. 160A-58.10. If the effective date of annexation falls between June 1 and June 30, and the effective date of the privilege license tax ordinance of the annexing municipality is June 1, then businesses in the area to be annexed shall be liable for taxes imposed in such ordinance from and after the effective date of annexation. (f)For purposes of this section, an area shall be deemed "contiguous" if, at the time the petition is submitted, such area either abuts directly on the municipal boundary or is separated from the municipal boundary by the width of a street or street right-of-way, a creek or river, or the right-of-way of a railroad or other public service corporation, lands owned by the municipality or some other political subdivision, or lands owned by the State of North Carolina. A connecting corridor consisting solely of a street or street right-of-way may not be used to establish contiguity. In describing the area to be annexed in the annexation ordinance, the municipal governing board may include within the description any territory described in this subsection which separates the municipal boundary from the area petitioning for annexation. (g)The governing board may initiate annexation of contiguous property owned by the municipality by adopting a resolution stating its intent to annex the property, in lieu of filing a petition. The resolution shall contain an adequate description of the property, state that the property is contiguous to the municipal boundaries and fix a date for a public hearing on the question of annexation. Notice of the public hearing shall be published as provided in subsection (c) of this section. The governing board may hold the public hearing and adopt the annexation ordinance as provided in subsection (d) of this section. (h)A city council which receives a petition for annexation under this section may byordinance require that the petitioners file a signed statement declaring whether or not vested rights with respect to the properties subject to the petition have been established under G.S. 160A-385.1 or G.S. 153A-344.1. If the statement declares that such rights have been established, the city may require petitioners to provide proof of such rights. A statement which declares that no vested rights have been established under G.S. 160A-385.1 or G.S. 153A-344.1 shall be binding on the landowner and any such vested right shall be terminated. (i) A municipality has no authority to adopt a resolution or petition itself under this Part for annexation of property it does not own or have any legal interest in. For the purpose of this subsection, a municipality has no legal interest in a State-maintained street unless it owns the underlying fee and not just an easement. (j) Using the procedures under this section, the governing board of any municipality may annex by ordinance any distressed area contiguous to its boundaries upon presentation to the governing board of a petition signed by at least one adult resident of at least two-thirds of the resident households located within such area. For purposes of this subsection, a "distressed area" is defined as an area in which at least fifty-one percent (51%) of the households in the area petitioning to be annexed have incomes that are two hundred percent (200%) or less than the most recently published United States Census Bureau poverty thresholds. The municipality may require reasonable proof that the petitioner in fact resides at the address indicated. (k) The petition under subsection (j) of this section shall be prepared in substantially the following form: DATE: To the ___________ (name of governing board) of the (City or Town) of ______________ 1. We the undersigned residents of real property believe that the area described in paragraph 2 below meets the requirements of G.S. 160A-31(j) and respectfully request that the area described in paragraph 2 below be annexed to the (City or Town) of _________. 2. The area to be annexed is contiguous to the (City or Town) of ________, and the boundaries of such territory are as follows: (l) For purposes of determining whether the percentage of households in the area petitioning for annexation meets the poverty thresholds under subsections (b1) and (j) of this section, the petitioners shall submit to the municipal governing board any reasonable evidence that demonstrates the area in fact meets the income requirements of that subsection. The evidence presented may include data from the most recent federal decennial census, other official census documents, signed affidavits by at least one adult resident of the household attesting to the household size and income level, or any other documentation verifying the incomes for a majority of the households within the petitioning area. Petitioners may select to submit name, address, and social security number to the clerk, who shall in turn submit the information to the Department of Revenue. Such information shall be kept confidential and is not a public record. The Department shall provide the municipality with a summary report of income for households in the petitioning area. Information for the report shall be gleaned from income tax returns, but the report submitted to the municipality shall not identify individuals or households. (1947, c. 725, s. 8; 1959, c. 713; 1973, c. 426, s. 74; 1975, c. 576, s. 2; 1977, c. 517, s. 4; 1987, c. 562, s. 1; 1989 (Reg. Sess., 1990), c. 996, s. 3; 2011-57, s. 3; 2011-396, s. 10.) RECOMMENDED ACTION Approve the Resolution Directing the Town Clerk to Investigate a Contiguous Satellite Annexation Petition Received Under General Statue §160A-31 from the Town of Lillington. L E G A L D E S C R I P T I O N LILLINGTON ANNEXATION Beginning at an existing iron stake, said point being the southeastern most point of Lot 1 as shown in Map Book 2017, Page 267 in the Harnett County Register of Deeds; THENCE South 09 degrees 27 minutes 12 seconds West for a distance of 1545.43 feet to an existing concrete monument in the center of Poorhouse Creek; THENCE North 75 degrees 55 minutes 41 seconds West for a distance of 645.61 feet to an existing iron pipe in the center of Poorhouse Creek; THENCE North 14 degrees 19 minutes 19 seconds East for a distance of 981.84 feet to an existing iron pipe; THENCE North 15 degrees 18 minutes 35 seconds East for a distance of 518.38 feet to a computed point; THENCE South 80 degrees 29 minutes 14 seconds East for a distance of 288.46 feet to an existing iron stake; THENCE South 80 degrees 29 minutes 14 seconds East for a distance of 218.83 feet to the point and place of beginning. Together with and subject to covenants, easements, and restrictions of record. Said property contains 20.216 acres more or less. TOWN OF LILLINGTON 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com RESOLUTION FY 2026-03 RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A CONTIGUOUS ANNEXATION PETITION RECEIVED UNDER G.S. 160A-31 FROM THE TOWN OF LILLINGTON WHEREAS, a petition requesting annexation of a parcel described in said petition for property identified as PIN #: 0559-85-1555.000 was received by the Town Clerk; and WHEREAS, G.S. 160A-31 provides that the sufficiency of the petition shall be investigated by the Town Clerk before further annexation proceedings may take place; and WHEREAS, the Town Board of the Town of Lillington, deems it advisable to proceed in response to this request for annexation. NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Lillington that: The Town Clerk was hereby directed at the July 15, 2025 Board Meeting to investigate the sufficiency of the above-described petition and to certify at the July 15, 2025 meeting to Town Board the result of her investigation. Adopted this the 15th day of July, 2025. Attest: _______________________________ ______________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor AGENDA ITEM SUMMARY Date of Meeting: July 15, 2025 Staff Work By: Lindsey B. Lucas, Town Clerk AGENDA ITEM Consideration of Resolution Fixing Date of Public Hearing on Question of Annexation, Pursuant to G.S. §160A-31 as Requested by the Town of Lillington for Property Identified as PIN #: 0559-85- 1555.000. ITEM SUMMARY For your consideration is a Resolution Fixing Date of Public Hearing on Question of Annexation, Pursuant to G.S. §160A-31 for property identified as PIN#:0559-85-1555.000. § 160A-31. Annexation by petition. (c)Upon receipt of the petition, the municipal governing board shall cause the clerk of themunicipality to investigate the sufficiency thereof and to certify the result of the investigation. For petitions received under subsection (b1) or (j) of this section, the clerk shall receive the evidence provided under subsection (l) of this section before certifying the sufficiency of the petition. Upon receipt of the certification, the municipal governing board shall fix a date for a public hearing on the question of annexation, and shall cause notice of the public hearing to be published once in a newspaper having general circulation in the municipality at least 10 days prior to the date of the public hearing; provided, if there be no such paper, the governing board shall have notices posted in three or more public places within the area to be annexed and three or more public places within the municipality. (d)At the public hearing persons resident or owning property in the area described in thepetition and persons resident or owning property in the municipality shall be given an opportunity to be heard. The governing board shall then determine whether the petition meets the requirements of this section. Upon a finding that the petition that was not submitted under subsection (b1) or (j) of this section meets the requirements of this section, the governing board shall have authority to pass an ordinance annexing the territory described in the petition. The governing board shall have authority to make the annexing ordinance effective immediately or on the June 30 after the date of the passage of the ordinance or the June 30 of the following year after the date of passage of the ordinance. RECOMMENDED ACTION Approve Resolution Fixing Date of Public Hearing for August 12, 2025, on Question of Annexation, Pursuant to G.S. §160A-31 as Requested by the Town of Lillington for Property Identified as PIN #:0559-85-1555.000 AGENDA ITEM #6 TOWN OF LILLINGTON 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com RESOLUTION FY 2026-04 RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION, PURSUANT TO G.S. 160A-131 AS REQUESTED BY THE TOWN OF LILLINGTON IDENTIFIED AS PIN#: 0559-85-1555.000 WHEREAS, a petition requesting annexation of the contiguous area described herein has been received; and WHEREAS, the Lillington Town Board has by resolution directed the Town Clerk to investigate the sufficiency of the petition; and WHEREAS, certification by the Town Clerk as to the sufficiency of the petition has been made. NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Lillington, North Carolina that: Section 1. A public hearing on the question of annexation of the contiguous area described herein will be held at the Town of Lillington Town Hall, 102 East Front Street, Lillington, North Carolina, at 6:00 p.m., or shortly thereafter, on the 12th day of August, 2025. Section 2. The area proposed for annexation is described as follows: Beginning at an existing iron stake, said point being the southeastern most point of Lot 1 as shown in Map Book 2017, Page 267 in the Harnett County Register of Deeds; THENCE South 09 Degrees 27 Minutes 12 Seconds West For A Distance Of 1545.43 Feet To An Existing Concrete Monument In The Center Of Poorhouse Creek; THENCE North 75 Degrees 55 Minutes 41 Seconds West For A Distance Of 645.61 Feet To An Existing Iron Pipe In The Center Of Poorhouse Creek; THENCE North 14 Degrees 19 Minutes 19 Seconds East For A Distance Of 981.84 Feet To An Existing Iron Pipe; THENCE North 15 Degrees 18 Minutes 35 Seconds East For A Distance Of 518.38 Feet To A Computed Point; THENCE South 80 Degrees 29 Minutes 14 Seconds East For A Distance Of 288.46 Feet To An Existing Iron Stake; THENCE South 80 Degrees 29 Minutes 14 Seconds East For A Distance Of 218.83 Feet To The Point And Place Of Beginning. Town of Lillington | 2 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Together With And Subject To Covenants, Easements, And Restrictions Of Record. Said Property Contains 20.216 Acres More Or Less. Section 3. Notice of the public hearing shall be published once in a newspaper having general circulation in the Town of Lillington, at least ten (10) days prior to the date of the public hearing. Adopted this the 15th day of July, 2025. Attest: _______________________________ ______________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor AGENDA ITEM SUMMARY Date of Meeting: July 15, 2025 Staff Work By: Lindsey B. Lucas, Town Clerk AGENDA ITEM Consideration of Resolution Directing the Town Clerk to Investigate a Contiguous Satellite Annexation Petition Received Under General Statue §160A-31 from Samuel Byrd. ITEM SUMMARY A petition for annexation for property identified as PIN #:0559-44-4808.000 submitted in accordance with § 160A-31 by property owner on June 17, 2025. § 160A-31. Annexation by petition. (a) The governing board of any municipality may annex by ordinance any area contiguous to its boundaries upon presentation to the governing board of a petition signed by the owners of all the real property located within such area. The petition shall be signed by each owner of real property in the area and shall contain the address of each such owner. (b) The petition shall be prepared in substantially the following form: DATE: To the _____________ (name of governing board) of the (City or Town) of ____________ 1. We the undersigned owners of real property respectfully request that the area described in paragraph 2 below be annexed to the (City or Town) of _________ 2. The area to be annexed is contiguous to the (City or Town) of _________ and the boundaries of such territory are as follows: (b1) Notwithstanding the provisions of subsections (a) and (b) of this section, if fifty-one percent (51%) of the households in an area petitioning for annexation pursuant to this section have incomes that are two hundred percent (200%) or less than the most recently published United States Census Bureau poverty thresholds, the governing board of any municipality shall annex by ordinance any area the population of which is no more than ten percent (10%) of that of the municipality and one-eighth of the aggregate external boundaries of which are contiguous to its boundaries, upon presentation to the governing board of a petition signed by the owners of at least seventy-five percent (75%) of the parcels of real property in that area. A municipality shall not be required to adopt more than one ordinance under this subsection within a 36-month period. (b2) The petition under subsection (b1) of this section shall be prepared in substantially the following form: DATE: To the ___________ (name of governing board) of the (City or Town) of ______________ 1. We the undersigned owners of real property believe that the area described in paragraph 2 below meets the requirements of G.S. 160A-31(b1) and respectfully AGENDA ITEM #7 request that the area described in paragraph 2 below be annexed to the (City or Town) of _________. 2. The area to be annexed is contiguous to the (City or Town) of _________, and the boundaries of such territory are as follows: (c) Upon receipt of the petition, the municipal governing board shall cause the clerk of the municipality to investigate the sufficiency thereof and to certify the result of the investigation. For petitions received under subsection (b1) or (j) of this section, the clerk shall receive the evidence provided under subsection (l) of this section before certifying the sufficiency of the petition. Upon receipt of the certification, the municipal governing board shall fix a date for a public hearing on the question of annexation, and shall cause notice of the public hearing to be published once in a newspaper having general circulation in the municipality at least 10 days prior to the date of the public hearing; provided, if there be no such paper, the governing board shall have notices posted in three or more public places within the area to be annexed and three or more public places within the municipality. (d) At the public hearing persons resident or owning property in the area described in the petition and persons resident or owning property in the municipality shall be given an opportunity to be heard. The governing board shall then determine whether the petition meets the requirements of this section. Upon a finding that the petition that was not submitted under subsection (b1) or (j) of this section meets the requirements of this section, the governing board shall have authority to pass an ordinance annexing the territory described in the petition. The governing board shall have authority to make the annexing ordinance effective immediately or on the June 30 after the date of the passage of the ordinance or the June 30 of the following year after the date of passage of the ordinance. (d1) Upon a finding that a petition submitted under subsection (j) of this section meets the requirements of this section, the governing body shall have the authority to adopt an annexation ordinance for the area with an effective date no later than 24 months after the adoption of the ordinance. (d2) Upon a finding that a petition submitted under subsection (b1) of this section meets the requirements of this section, the governing body shall, within 60 days of the finding, estimate the capital cost to the municipality of extending water and sewer lines to all parcels within the area covered by the petition and estimate the annual debt service payment that would be required if those costs were financed by a 20-year revenue bond. If the estimated annual debt service payment is less than five percent (5%) of the municipality's annual water and sewer systems revenue for the most recent fiscal year, then the governing body shall within 30 days adopt an annexation ordinance for the area with an effective date no later than 24 months after the adoption of the ordinance. If the estimated annual debt service payment is greater than or equal to five percent (5%) of the municipality's annual water and sewer systems revenue for the most recent fiscal year, then the governing body may adopt a resolution declining to annex the area. If such a resolution is adopted, the governing body shall immediately submit a request to the Local Government Commission to certify that its estimate of the annual debt service payment is reasonable based on established governmental accounting principles. (1) If the Local Government Commission certifies the estimate, the municipality is not required to annex the area and no petition to annex the area may be submitted under subsection (b1) of this section for 36 months following the certification. During the 36-month period, the municipality shall make ongoing, annual good faith efforts to secure Community Development Block Grants or other grant funding for extending water and sewer service to all parcels in the areas covered by the petition. If sufficient funding is secured so that the estimated capital cost to the municipality for extending water and sewer service, less the funds secured, would result in an annual debt service payment cost to the municipality of less than five percent (5%) of the municipality's annual water and sewer systems revenue for the most recent fiscal year, then the governing body shall within 30 days adopt an annexation ordinance for the area with an effective date no later than 24 months after the adoption of the ordinance. (2) If the Local Government Commission notifies the governing board that the estimates are not reasonable based on established governmental accounting principles and that a reasonable estimate of the annual debt service payment is less than five percent (5%) of the municipality's annual water and sewer systems revenue for the most recent fiscal year, then the governing body shall within 30 days of the notification adopt an annexation ordinance for the area with an effective date no later than 24 months after the adoption of the ordinance. (d3) Municipal services shall be provided to an area annexed under subsections (b1) and (j) of this section in accordance with the requirements of Part 7 of this Article. (e) From and after the effective date of the annexation ordinance, the territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in such municipality and shall be entitled to the same privileges and benefits as other parts of such municipality. Real and personal property in the newly annexed territory on the January 1 immediately preceding the beginning of the fiscal year in which the annexation becomes effective is subject to municipal taxes as provided in G.S. 160A-58.10. If the effective date of annexation falls between June 1 and June 30, and the effective date of the privilege license tax ordinance of the annexing municipality is June 1, then businesses in the area to be annexed shall be liable for taxes imposed in such ordinance from and after the effective date of annexation. (f) For purposes of this section, an area shall be deemed "contiguous" if, at the time the petition is submitted, such area either abuts directly on the municipal boundary or is separated from the municipal boundary by the width of a street or street right-of-way, a creek or river, or the right-of-way of a railroad or other public service corporation, lands owned by the municipality or some other political subdivision, or lands owned by the State of North Carolina. A connecting corridor consisting solely of a street or street right-of-way may not be used to establish contiguity. In describing the area to be annexed in the annexation ordinance, the municipal governing board may include within the description any territory described in this subsection which separates the municipal boundary from the area petitioning for annexation. (g) The governing board may initiate annexation of contiguous property owned by the municipality by adopting a resolution stating its intent to annex the property, in lieu of filing a petition. The resolution shall contain an adequate description of the property, state that the property is contiguous to the municipal boundaries and fix a date for a public hearing on the question of annexation. Notice of the public hearing shall be published as provided in subsection (c) of this section. The governing board may hold the public hearing and adopt the annexation ordinance as provided in subsection (d) of this section. (h) A city council which receives a petition for annexation under this section may by ordinance require that the petitioners file a signed statement declaring whether or not vested rights with respect to the properties subject to the petition have been established under G.S. 160A-385.1 or G.S. 153A-344.1. If the statement declares that such rights have been established, the city may require petitioners to provide proof of such rights. A statement which declares that no vested rights have been established under G.S. 160A-385.1 or G.S. 153A-344.1 shall be binding on the landowner and any such vested right shall be terminated. (i)A municipality has no authority to adopt a resolution or petition itself under this Partfor annexation of property it does not own or have any legal interest in. For the purpose of this subsection, a municipality has no legal interest in a State-maintained street unless it owns the underlying fee and not just an easement. (j)Using the procedures under this section, the governing board of any municipality mayannex by ordinance any distressed area contiguous to its boundaries upon presentation to the governing board of a petition signed by at least one adult resident of at least two-thirds of the resident households located within such area. For purposes of this subsection, a "distressed area" is defined as an area in which at least fifty-one percent (51%) of the households in the area petitioning to be annexed have incomes that are two hundred percent (200%) or less than the most recently published United States Census Bureau poverty thresholds. The municipality may require reasonable proof that the petitioner in fact resides at the address indicated. (k)The petition under subsection (j) of this section shall be prepared in substantially the following form: DATE: To the ___________ (name of governing board) of the (City or Town) of ______________ 1.We the undersigned residents of real property believe that the area described inparagraph 2 below meets the requirements of G.S. 160A-31(j) and respectfully request that the area described in paragraph 2 below be annexed to the (City or Town) of _________.2.The area to be annexed is contiguous to the (City or Town) of ________, and theboundaries of such territory are as follows:(l)For purposes of determining whether the percentage of households in the area petitioning for annexation meets the poverty thresholds under subsections (b1) and (j) of this section, the petitioners shall submit to the municipal governing board any reasonable evidence that demonstrates the area in fact meets the income requirements of that subsection. The evidence presented may include data from the most recent federal decennial census, other official census documents, signed affidavits by at least one adult resident of the household attesting to the household size and income level, or any other documentation verifying the incomes for a majority of the households within the petitioning area. Petitioners may select to submit name, address, and social security number to the clerk, who shall in turn submit the information to the Department of Revenue. Such information shall be kept confidential and is not a public record. The Department shall provide the municipality with a summary report of income for households in the petitioning area. Information for the report shall be gleaned from income tax returns, but the report submitted to the municipality shall not identify individuals or households. (1947, c. 725, s. 8; 1959, c. 713; 1973, c. 426, s. 74; 1975, c. 576, s. 2; 1977, c. 517, s. 4; 1987, c. 562, s. 1; 1989 (Reg. Sess., 1990), c. 996, s. 3; 2011-57, s. 3; 2011-396, s. 10.) RECOMMENDED ACTION Approve the Resolution Directing the Town Clerk to Investigate a Contiguous Satellite Annexation Petition Received Under General Statue §160A-31 from Samuel Byrd. VICINITY MAP ã 2025 MORRIS & RITCHIE ASSOCIATES, INC. L-5306 LI RL OI A N N AORH RTRLPNOSFOES SEAL CA R V ENUSDA OYCALEB T ROY C L A Y TON SRPRELIMINARY PLAT NOT FOR RECORDATION, CONVEYANCES OR SALES 401 TOWN OF LILLINGTON 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com RESOLUTION FY 2026-01 RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A CONTIGUOUS ANNEXATION PETITION RECEIVED UNDER G.S. 160A-31 FROM SAMUEL BYRD WHEREAS, a petition requesting annexation of a parcel described in said petition for property identified as PIN #: 0559-44-4808.000 was received by the Town Clerk; and WHEREAS, G.S. 160A-31 provides that the sufficiency of the petition shall be investigated by the Town Clerk before further annexation proceedings may take place; and WHEREAS, the Town Board of the Town of Lillington, deems it advisable to proceed in response to this request for annexation. NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Lillington that: The Town Clerk was hereby directed at the July 15, 2025 Board Meeting to investigate the sufficiency of the above-described petition and to certify at the July 15, 2025 meeting to Town Board the result of her investigation. Adopted this the 15th day of July, 2025. Attest: _______________________________ ______________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor AGENDA ITEM SUMMARY Date of Meeting: July 15, 2025 Staff Work By: Lindsey B. Lucas, Town Clerk AGENDA ITEM Consideration of Resolution Fixing Date of Public Hearing on Question of Annexation, Pursuant to G.S. §160A-31 as Requested by Samuel Byrd for Property Identified as PIN #: 0559-44-4808.000. ITEM SUMMARY For your consideration is a Resolution Fixing Date of Public Hearing on Question of Annexation, Pursuant to G.S. §160A-31 for property identified as PIN#:0559-44-4808.000. § 160A-31. Annexation by petition.(c)Upon receipt of the petition, the municipal governing board shall cause the clerk of the municipality to investigate the sufficiency thereof and to certify the result of the investigation. For petitions received under subsection (b1) or (j) of this section, the clerk shall receive the evidence provided under subsection (l) of this section before certifying the sufficiency of the petition. Upon receipt of the certification, the municipal governing board shall fix a date for a public hearing on the question of annexation, and shall cause notice of the public hearing to be published once in a newspaper having general circulation in the municipality at least 10 days prior to the date of the public hearing; provided, if there be no such paper, the governing board shall have notices posted in three or more public places within the area to be annexed and three or more public places within the municipality. (d)At the public hearing persons resident or owning property in the area described in the petition and persons resident or owning property in the municipality shall be given an opportunity to be heard. The governing board shall then determine whether the petition meets the requirements of this section. Upon a finding that the petition that was not submitted under subsection (b1) or (j) of this section meets the requirements of this section, the governing board shall have authority to pass an ordinance annexing the territory described in the petition. The governing board shall have authority to make the annexing ordinance effective immediately or on the June 30 after the date of the passage of the ordinance or the June 30 of the following year after the date of passage of the ordinance. RECOMMENDED ACTION Approve Resolution Fixing Date of Public Hearing for August 12, 2025, on Question of Annexation, Pursuant to G.S. §160A-31 as Requested by Samuel Byrd for Property Identified as PIN #:0559-44-4808.000 AGENDA ITEM #8 TOWN OF LILLINGTON 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com RESOLUTION FY 2026-02 RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION OF ANNEXATION, PURSUANT TO G.S. 160A-131 AS REQUESTED BY SAMUEL BYRD IDENTIFIED AS PIN#: 0559-44-4808.000 WHEREAS, a petition requesting annexation of the contiguous area described herein has been received; and WHEREAS, the Lillington Town Board has by resolution directed the Town Clerk to investigate the sufficiency of the petition; and WHEREAS, certification by the Town Clerk as to the sufficiency of the petition has been made. NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Lillington, North Carolina that: Section 1. A public hearing on the question of annexation of the contiguous area described herein will be held at the Town of Lillington Town Hall, 102 East Front Street, Lillington, North Carolina, at 6:00 p.m., or shortly thereafter, on the 12th day of August, 2025. Section 2. The area proposed for annexation is described as follows: All that certain parcel of land lying west of US 401, being located in Lillington Township, Harnett County, North Carolina and being a portion of those lands described in Deed Book 4179 Page 1501 and recorded in the Harnett County, North Carolina Registry, and being more particularly described as follows, to wit: BEGINNING at a Mag Nail Set in the centerline of US 401, having North Carolina State Plane coordinates N: 595,837.49’ E: 2,054,545.36, Thence, S 39° 45' 58" E For A Distance Of 300.79 Feet To A Point; Thence, S 50° 19' 21" W For A Distance Of 257.23 Feet To A Point; Thence, S 39° 41' 23" E For A Distance Of 406.21 Feet To A Point; Thence, N 50° 25' 02" E For A Distance Of 257.46 Feet To A Point; Thence, S 39° 32' 14" E For A Distance Of 368.43 Feet To A Curve Turning To The Right, Having A Radius Of 1,362.21 Feet, And Whose Long Chord Bears S 31° 35' 15" E For A Distance Of 326.97 Feet To A Point; Thence, S 58° 44' 58" W For A Distance Of 30.17 Feet To A Point; Town of Lillington | 2 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Thence, S 58° 44' 58" W For A Distance Of 249.41 Feet To A Point; Thence, N 42° 14' 44" W For A Distance Of 224.11 Feet To A Point; Thence, S 31° 11' 18" W For A Distance Of 814.36 Feet To A Point; Thence, N 57° 50' 55" W For A Distance Of 1,308.07 Feet To A Point; Thence, N 29° 27' 08" E For A Distance Of 86.18 Feet To A Point; Thence, N 30° 05' 59" E For A Distance Of 542.13 Feet To A Point; Thence, S 58° 08' 31" E For A Distance Of 86.83 Feet To A Point; Thence, N 51° 12' 05" E For A Distance Of 468.66 Feet To A Point; Thence, N 46° 14' 48" E For A Distance Of 391.01 Feet To A Point; Thence, N 46° 14' 48" E For A Distance Of 34.76 Feet To The Point And Place Of Beginning Containing 1,595,488.51 Square Feet, 36.627 Acres More Or Less. Section 3. Notice of the public hearing shall be published once in a newspaper having general circulation in the Town of Lillington, at least ten (10) days prior to the date of the public hearing. Adopted this the 15th day of July, 2025. Attest: _______________________________ ______________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor