0204196355
FEBRUARY 4th. 1963
The Board of Commissioners met in regular session on Monday, February 4th.,
with all members present. Also present were the County Attorney, the Clerk to the
! Board and the County Auditor,
The Following Reports Were Presented and Filed:
Clerk Recorder1s Court
Clerk Superior Court
Register of Deeds
Tax Collector
Veterans Service Officer
Dog Warden
County Electrical Inspector
n n n
Sheriffs Office
Kyle Harrington
Elizabeth F. Matthews
Inez Harrington
D P Ray
Jean Maness
Ken Black
B H Sellers
Roy Godwin
W. H. Stewart
Commissioner Byrd moved, seconded by Commissioner Barefoot, that the Civil Defense
Director will:make and submit specifications for bids for communication; programs
in the county.
Motion carried
The Board ordered that Ted L. Allred 607 N. Davis Avenue, Dunn, be refunded
the sum of $ 7.36 taxes for year 1962 paid by him by error of double listing.
The Board ordered that J. G. Layton Estate be refunded the sum of $ 16.56
taxes for year 1961, and 62 listed by error of double listing.
The Following Road Petitions Were Approved:
(1) To add to the secondary road system that road in Barbecue 'Township known
as Gordon Cameron Road which rues from Road # 1217 to Road # 1215 and is 9/10
miles in length.
Petitinn mailed
(2) To add to secondary road system that road in Black River Township which
leads off Road # 1500 about 4 miles east of Angier known as Angier Benson road in
southerly direction and is 3/4 miles
Petition mailed
(3) To improve and make all weather road that road which runs N. C.
# 27 -2003 to join Road 2004 in Grove Township a distance of 5/10 mile
Petition mailed
Pubic Official Bond
Approved:
St. Paul
Fire and Marine Insurance Company St. Paul, Minnesota
Bond # 400AN 4265
KNOW ALL MEN BY THESE PRESENTS: (James Calvin. Raynor)
That James Calvin Raynor of Spring Lake, State of North Carolina, (hereinafter
called the Principal) and the St. Paul Fire And Marine Insurance Company (herein-
after oalled the Surety) a corporation organized under the laws of the Commonwealth
of Minnesota, with its principal office inthe City of St. Paul and the State'of
Minnesota are held and firmly bm nd unto HarnettCounty, Lillington, North Carolina
(hereinafter called the Obligee) inthe sum of
One Thousand and no /100 Dollars ($1,000.00)
for the payment whereof to the Obligee the Principal binds himself,his hears,
executors, administrators and assigns, and the Surety binds itself, its successors
and assigns jointly and severally, firmly by these presents.
Signed, sealed, and dated this 16th. day of January, 1963.
Whereas, the above -named Principal has been duly appointed or elected to the office
of Constable
Now. Therefore, the condition of the foregoing obligation is such that if the
Principal shallduring the period beginning on the 8th. day of Jan. 1963, and ending
on the 8th. day of January 1964 faithfully perform such duties as may be imposed
on him by law and shall honestly account for all money that may come into his hands
in his official capacity during such period then this obligation khall be void,
otherwise it shall remain in force. •
This bond is executed by the Surety upon the following express conditions,
whioh shall be conditions precedent to the right of recovery hereunder:
li
FIRST: That the Surety may, if it shall so elect, cancel this Bond by giving
thirty (30) days notice in writing to Harnett County, Lillington
North Carolina, and this Bond shall be come canoe ed a the expiration of said
thirty (30) days,.the Surety remaining liable; however, subject to all the terms, con -
ditions and provisions of this Bond, for any act or acts covered by this Bond
Which may have been committed by the Principal up,to the date of such cancelation,
and the Surety shall, upon surrender of this Bpnnd and"its release from all liability
hereunder, refund the premium paid, less a pro rata part thereof for the time this
Bond shall have been in force.
SECOND: That the Surety shall not be liable hereunder for the loss of any
public moneys or funds occuring through or resulting from failure of, or default
in payment by, any banks or depositories in which any public moneys or funds have
been deposited -or may be deposited by or placed to the credit, or.under control
of the Principal, whether or not such banks or depositories were or may be selected
or est designated by the Principal or by other persons; -or by reason of the allowance
to, or acceptance by the Principal of any interest on said public moneys, or funds,
any law, decision, ordinance or statute to the contrary notwithstanding.
THIRD :. That .the Surety. shall not be liable for any loss or losses, resulting
from the failure of the Principal to collect any taxes, license, levies, assess-
ments, etc. with the collection of which he may be chargeable by reason of his
election or appointment as aforesaid
Witness:
Ruby T. Currirn,
(as to the Principal)
James Calvin Raynor
Principal
St. Paul Fire and Marine Insurance Company
-By: R. Wayne Reynolds
Attorney -in -fact
(Corporate Seal)
Upon recommendation of the Publio:Welfare Board of Harnett County the Board
of Commissioners appointed M. 0. Lee,_as Welfare Attorney for Harnett County at
a salary of $100.00 per month to begin his duty as of February 1st. 1963, through
June 30th, 1963.
-Commissioner Barefoot moved seconded by Commissioner Warren, that Ken
Black, Dog Warden, be allowed $15.00 per month additional travel expense to
begin February 1st. 1963.
Motion carried.
Commissioner Cameron moved, seconded by Commissioner Warren that the
resignation of Bernice F. Temple, Rural Policeman, be accepted as of January'
31st. 1963.
Motion carried,
Commissioner Cameron moved, seconded by Commissioner Warren, that Kyle Harrington,
Clerk Recorders Court, be authorized to add an additional clerk in the Clerk of
Recorders Court office at a salary of $200.00 per month.
Motion carried.
The Following Jurors Were
Beginning March 18th. 1963.
1. R H Morgan
2. J M Waddell
3. Neill Black
4. Bruce E.1ope
5. J H Williams
6. Wilbert Carr
7. R B Waddell
8. Grady C. Matthews
9. Charles Edward Matthews
10. Robert R.-Mason
11. Fred M. .Cameron
12. D 0 Matthews
13. Robert H. Mitchell
14. A W Mason
15. Clayburn Butts
16. WLLee •
17. Bobby F. Parker
18. A B Sherman`=
19. Cline- 'Horne
20. R C Lawrence
21. Lloyd Reid Johnson
Drawn For Criminal Term-o
Buies Creek
Lillington
Lillington
Dunn # 1}
Dunn
Dunn
Sanford # 8
Lillington # 1
Lillington # 1
Lillington # 3
Cameron # 2
Angier # 2
Buies Creek
Linden # 1
Angier # 2
Fuquay # 2
Dunn
Lillington
Dunn
Angier .# 2
Lillington # 1
Superior Court
Neills Creek
Lillington
Lillington
Averasboro
Averasboro
Averasboro
Johnsonville
Neills Creek
Neills Creek
Upper Little River
Johnsonville.
Neills Creek
Neills Creek
Anderson Creek
Rallis Creek
Hectors Creek
Averasboro
Lillington
Averasboro
Neills Creek
Neills Creek
57
Edson
at t hews
r
Hudson
36; ` $arefoot
39. Wayt.on C. Bryant
40. Michael R. Johnson
41. Henry C. Tew
42. Gene B. Johnson
43. Harold E. Jernigan
44. J -W Herring
45. James Franklin Jernigan
Lillington # 1
Broadway # 1
Angier # 2
Flamers
Dunn
Lillington
Bunnlevel
Bunnlevel # 1
Dunn
Dunn # 3
Erwin
Erwin
Dunn
Dunn # 3
Dunn # 1
Dunn
Dunn # 2
Dunn
Dunn
Dunn # 2
Erwin
Dunn
Dunn
Dunn
Meills Creek
Upper Little River
Black River
Upper Little River
Averasboro
Lillington
Stewarts Creek
Anderson Creek
Averasboro
Averasboro
Duke
Duke
Averasboro
Averasboro
Averasboro
Averasboro
Averasboro
Averasboro
Averasboro
Averasboro
Duke
Averasboro
Averasboro
Averasboro
Commissioner Cameron offered the following resolution:
THAT WHEREAS, the Congress of the United States has enacted legislation to
encourage public works programs in certain localities which said act is generally
referred to as * The Accelerated Public Works Programs'; and
WHEREAS, said legislation has been enacted to assist local governmental agencies
to alleviate unemployment and other depressed conditions which exist in certain
areas that qualify under the provisions of said act; and
WHEREAS, Ham ett County has not been designated as a qualified area under the
'Accelerated Public Works Law'; and
WHEREAS, the Board of County Commissioners of Harnett County feel that the
County was inadvertently omitted or that it was omitted for lack of suffidient
facts pertaining to the unemployment situation in Harnett County, one of the pri-
mary reasons for the County failing to show a high degree of unemployment that
exists being that many people in Harnett County are employed on seasonal work and
quite often on projects that are not covered by unemployment insurance and that,
therefore, these people though unemployed do not appear on any statistical report;
and
WHEREAS, the Board of County Commissioners of Harnett County feel that a
more comprehensive survey of the employment situation in Harnett County would
reveal a substantial unemployment situation that would qualify the county and
the various municipalities in said County to participate in the above referred to
program; and
WHEREAS, the Board of County Commissioners is desirous of having the necessary
agencies of the federal government reappraise Harnett County for the purpose of
determining whether or not under a new survey the County qualifies for assistance
under said program.
And, Be It Further Resolved, that a copy of the forego h g resolution be forwarded.
to Honorable Sam Ervin, Jr. United States Senator, Honorable Everette Jordan, United
States Senator and the Honorable David Henderson, Congressman of the Third Congress-
ional District to the end that their assistance may be secured in the determination of
of the matters involved in the foregoing resolution.
The resolution was duly seconded by Worth L. Byrd, Commissioner, and unanimously
adopted.
State Of North Carolina
County of Harnett PERMORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That I, Ottis E. Harvell, of Montgomery County, State of North Carolina, am
held and firmly bound unto the County of Harnett, a political subdivision of
the State of North Carolina, hereinafter referred to as "County" in the sum of
Five Thousand and no /100 Dollars ($5,000.00)
......... .. .
58
for the payment whereof, I, the said Ottis E. Harvell, bind myself, my heirs,
executors, administrators and assigns: firmly, by these presents._
Whereas, I, the said Ottis E. Harvell, have by means of a written agreement,:
dated October 15, 1962, entered into a contract and agreement with the County of
Harnett to furnish my services and qualified.experienced appraisers to advise
with, aid and assistnthe Bounty Supervisor of Taxation and the List--Takers and
Assessors in the respective. in Harnett County in the appraisal and
revaluation of all taxable property situated-in the County according to,th e'specifi-
cations as set out in said contract; and to advise -with and assist the Harnett
County Board of Equalization and Review in arriving at tin true value in,money of
all taxable property in the County, a copy of which contract and agreement is by
reference, made a part hereof;
Now, therefore, -the condition of this obligation is such that if -1, the
said Ottis E. Harvell, shall faithfully perform the contract and agreement on my ..
part and shall fully indemnify and save harmless the County from 'all cost and
damage Which it may suffer by reason of failure so to do, and shall fully reimburse.
and repay the County all outlay and expense which the County may incur in making good
any such default.
Then this obligation shall be null and void, otherwise it shall remain, in full
force and effect.
But it is expressly understood and agreed that all liability of the said Ottis
E. Harvell under this obligation shall be subject to and limited by the following
conditions:
Firsts That in the event the County claims any default on the part of the
said Ottis E. Harvell in the performance of any of the terms, stipulations-or
conditions of said contract, he shall be given written notice'thereof by the
County together with a verified statement of the particular facts constituting
such default, with the date thereof, within ten (10) days after the discovery of
such default.
Seconds That no action of other legal proceedings of any kind shall -be brought
or instipted against the said Ottis E. Harvell Uponor by reason of any such
default7thgroompletion of the work outlined in said contract to be by him performed,
and the last payment of his compensation theref.(r, and the acceptance of the work
as completed by the County.
Thirds That -the said.Ottis E. Harvell shall not be liable for any loss or
damage resulting from. an act of'God, or from mob, riot,'oinil commotion, or a
public enemy; nor will he be liable for any loss or damage resulting from physical
disability or death on his part, it being agreed that he shall not be- liable if
he is unable to perform, or complete the performance, of his duties under said
contract,-because of injury, sickness, or death.
Fourth: That any alterations which may be made in the terms of the contract,
or in the work to be done under it,.or the giving by the County-of any extension of
time for the performance otl;the- contract, or any other forebearance on the part of
either the County or Ottis E. Harvell to the other shall not.in'any way release the
said Ottis E. Harvell, his heirs, executors, administrators or assigns from his
liability hereunder.
In lieu of a surety on this performance bond, there is, in conjunction herewith,
being assigned to the County of Harnett 633.848 shares in Investors Mutual, Inc.
represented by Certificate Number 285018 and Certificate Number 509217 by separate
assignment contract of the'Ame same date as this indenture, and made a part here-
of by this reference the same as if fully set out herein.
Signed and Sealed this the 4th. day of February, 1963. .
William T. Allen
Witness
Ottis E. Harvell, being first duly "sworn,
freeholder and resident of Montgomery County,
Thousand and no /100
over and above all his liabilities and legal
Sworn to and subscribed before me
this the 4 day of February, 1963.
Elizabeth F. Matthews
Clerk of the Superior Court
Ottis E. Harvell (Seal)
deposes an] -says that he is a
North Carolina, and worth Ten
Dollars - -- ($10,000.00)
exemptions allowed by law.
Ottis E. Harvell (Seal)
1
59
STATE OF NORTH CAROLINA
COUNTY OF MONTGOMERY
This Indenture, made this the 5th. day ofJanuary, 1963, by and between Ottis E.
Harvell, as Trustee for Mae T. ]Harvell, and Mae T. Harvell, in her own right, of
Montgomery County, State of North Carolina, parties of the first part; and the
County of Harnett, a political subdivision of the State of North Carolina, herein-
after referred to as "County ", party of the seoondpart;
WITNESSETH:
That whereas, Ottis E. Harvell has this date executed to the County of Harnett
a performance bond in the amount of Five Thousand And No /100 Dollars
($5000.00), for the proper performance on his part of a contract and agreement
entered into with the County of Harnett on the 15th day of October, 1962, to
furnish his services and qualified experienced appraisers to advise with, aid and
assist the County Supervisor of Taxation and the List Takers and Assessors in the
respective townships in Harnett County in the appraisal and revaluation of all
taxable property situated in the County a000rding to the speoifications as set out
in said contract; and to advise with and assist the Harnett County Board of Equal-
ization and Review in arriving at the true value in money of all taxable property
in the County;
And Whereas, as a condition precedent to the accepting of said performance
bond, without a surety, the County required additional security for the performance
of said contract, and agreed to accept as said additional security, and as a part
of said bond, a pledge of shares of Investors Mutual, Inc. represented by Certifi-
cate Number 285018, Account Number 278134, issued to Ottis E. Harvell as Trustee
for Mae T. Harvell, for 196.464 shares, and Certificate Number 509217 represented
by Account Number 017 - 278134 issued to Ottis E. Harvell as Trustee for Mae T.
Harvell, for 437.384 shares; and the parties of the first part, being the owners
thereof, have agreed to pledge said shares in Investors Mutual, Inc. in accordance
with the requirements of the County:
Now therefore, in consideration of tie premises and the sum of One Dollar
($1.00) paid by the party of the second part to the parties of the first part,
the receipt of which is hereby acknowledged, the parties of the first part do
hereby set over, transfer, and oonvey unto the party of the secondpart, its
successors and assigns, the following shares of Investors Mutual, Inc.:
196.464 Shaves in Investors Mutual, Inc. represented by Certificate
Number 285018, Account Number 278134, and 437.384 Shares in Investors Mutual,
Inc. represented by Certificate Number 509217, Account Number 017 - 278134 •
But this assignment is made upon this special trust, that if the performance
bond hereinbefore described is fully complied with, and the contract for which
same is given to secure is fully completed to the satisfaction of the County,
a000rding to the terms and provisions thereof, and if the said Ottis E. Harvell
shall perform or cause to be performed all of the conditions, terms, and provisions
of said performance bond, and said contract, then, and in that event, this indenture
shall terminate and become void and the shares in Investors Mutual, Inc. represented
by the Certificates hereinbefore described, and the Account Numbers hereinbefore
set out, shall be returned to the parties of the first part.
But if default shall be made in the payment of said bond or in the performance of
said contract, according to the terms and oonditions thereof, then, in either of
said events, it shall be lawful for theparty of the seoondpart, its successors and
assigns, to sell at public or private sale under this indenture the shares of In-
vestors Mutual, Inc. hereby assigned, or at its election, to cash in so much thereof
as may be necessary for the satisfaction of any amount due on said performance bond,
any residue remaining thereafter to be paid to, or to remain the property of the
parties of the first part or their legal representatives.
In connection with this indenture the parties of the first part have endorsed
the Certificates of shares hereinabove described in blank and delivered the same
to the party of the second part to be held in accordance with the terms and provision
of this indenture. Upon full compliance with the performanoe bond, and the con-
tract, said signed certificates shall be returned to the parties of the fist part
hereto.
Mae T. Harvell has joined in the execution of this indenture as the beneficiary
of said Investors Mutual, Inc. shares represented by the Certificates and Account
Numbers hereinbefore described.
IN TESTIMONY WHEREOF, the parties of the first part have hereunto set their
hands and seals this the day and year first above written.
Ottis E. Harvell
Trustee for Mae T. Harvell
Mae T. Harvell
(Seal)
(Seal)
6O
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
I, Elizabeth F. Mat
do hereby certify that
appeared before me thi
instrument. Let the s
thews, Clerk Superior Court, in and for said County sad State,
Ottis"E. Harvell, as Trustee for Mae T. Harvell, personally
a ,day and aaknowledged.the due•exeeution of the foregoing -
ame with this certificate be registered..
Witness my hand and notarial seal this the 4th, day of February, 1963.
Elizabeth F. Matthews
Clerk Superior Court Harnett.
County, N. C.
STATE OF NORTH CAROLINA
COUNTY OF MONTGOMERY
I, Charles M. Johiison,: Clerk lof the. Superior Court of Montgomery County,
do hereby.certify that Mae T. Harvell, wife of Ottis E.. Harvell, personally
appeared before me this day and acknowledged the due execution of the foregoing .
instrument; and the said Mae T. Harvell, being by me privately examined, separate
and apart from her said husband, touching her voluntary execution of the same,
does state she signed the same freely and voluntarily, without fear or compulsion
of her said husband, or any other person, and that she does .still voluntarily
assent thereto.
And 1 do further certify that it has been made to appear to my satisfaction
and I do find as a fact, that the same is not unreasonable or injurious to her.
Witness my hand and official seal, this 5th, day of (January, 1963,
Charles M. Johnson
Clerk Superior Court of
Montgomery County
The Board recessed to reconvene on Monday, February llth. at 7 :00 P. M.
Clerk to Board
Chairman