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Attachments 04-14-2020city of dunn POST OFFICE BOX 1065 < DUNN, NORTH CAROLINA 28335 (910) 230-3500 ^ FAX (910) 230-3590 Attachment #1 www.dunn-nc.org 04-14-2020 PUBLIC NOTICE related to Regular Council Meeting Mayor William P. Elmore Jr. Mayor Pro Tern Chuck Tumage Council Members J. Wesley Sills April Gaulden Frank McLean Billy Tart Dr. David L. Bradham City Manager Steven Neuschafer The public is hereby notified that the City Council of the City of Dunn will hold their regular meeting on Tuesday, April 14, 2020 at 7:00 p.m. in the Council Chambers of the Dunn Municipal Building, 401 E. Broad Street, Dunn, NC. Some members of the Council may be participating electronically. SPECIAL NOTICE REGARDING MEETING ACCESS DUE TO STATE OF EMERGENCY In an effort to abide with the Governor's Executive Order and to reduce the spread of Covid-19, in - person access to the Council meeting is limited to a total of 10 people to include our Council and needed staff. The Council Meeting will be available for live public viewing on Facebook - The City of Dunn, NC page or the Public can call in to listen - contact the City Clerk at 910-230-3501 or twilliams@dunn-nc.org prior to Monday, April 13, 2020, 1:00 p.m. for instructions. Public access will be limited to 1 person at a time to make comment for Public Comment Period and Public Hearings Only. Audio will be available while waiting outside Council Chambers. Public Comment Period can be called or emailed in to the Cleric by Monday, April 13, 2020, 1:00 p.m. to be read at the meeting. The person must abide by all rules related to the Public Comment Period, provide name and address and abide by 3-minute time limit. The person may also call into the meeting to give their comments but they must call the City Clerk to sign up and receive instructions by the above stated time. Public Hearing - Comments can be called in or entailed to the Clerk by Monday, April 13, 2020, 1:00 p.m. and they will be read at the meeting during the Public Hearing. The call and email should include Name, Address and Public Hearing they are calling in reference to. The person may also call into the meeting to give their comments but they must call the City Cleric to sign up and receive instructions by the above stated time. Tammy Williams City Clerk 910-230-3501 twilliams@dunn-nc.org Posted April 8, 2020 DUNN All-AmericaCity � 1 w4ere commt!�)7 maffers 0 1989 *2(n3 P2020-06 (Attach #2) 04-14-2020 CITY OF DUNN, NORTH CAROLINA DECLARATION OF A STATE OF EMERGENCY WHEREAS, COVID-19 is a respiratory disease that can result in serious illness or death by the SARS-Co-V-2 virus, which is a new strain of coronavirus previously unidentified in humans and which can spread from person to person; and WHEREAS, in response to the global spread of the virus and the disease it causes, the World Health Organization has declared COVID-19 a Public Health Emergency of International Concern; the Centers for Disease Control and Prevention (CDC) has warned of the high public health threat posed by COVID-19 globally and in the United States and has deemed it necessary to prohibit or restrict travel to areas designated by the CDC; the United States Department of Health and Human Services Secretary declared a public health emergency in the United States for COVID-19; and the North Carolina Department of Health and Human Services confirmed multiple cases of COVID-19 in North Carolina as of March 13, 2020; and WHEREAS, on March 10, 2020, the State of North Carolina, through the Office of the Governor, Roy Cooper, issued Executive Order No. 116 titled "Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of Covid- 19;" and WHEREAS, on March 11, 2020 the World Health Organization declared COVID-19 a Pandemic, the first caused by a coronavirus; and WHEREAS, on March 13, 2020, President Donald Trump declared a National Emergency and the first case was confirmed in Harnett County; and WHEREAS, declaring a State of Emergency is necessary to allow for sufficient personnel and resources to maintain order and protect public health, safety, and welfare and to secure property in the City of Dunn. NOW, THEREFORE, pursuant to the authority vested in me as the Mayor of the City of Dunn under Article 1A of Chapter 166A of the North Carolina General Statutes and the City of Dunn Code of Ordinances: Section 1. A State of Emergency is hereby declared within the jurisdiction of the City of Dunn, throughout the municipal city limits of the City of Dunn. Section 2. I hereby order all City of Dunn law enforcement officers, employees and all other emergency management personnel subject to our control: a) to cooperate in the enforcement and implementation of the provisions of this Declaration; b) to coordinate with county, state and federal agencies for the orderly protection, treatment and rehabilitation of affected persons; and c) to provide for cooperation and coordination of activities relating to emergency mitigation, preparedness, response and recovery. Section 3. I hereby order this declaration: (a) to be distributed to the news media and other organizations as deemed necessary to bring its contents to the attention of the general public; (b) to be filed with the Clerk to the City of Dunn and (c) to be distributed to others as necessary to ensure proper implementation of this declaration. Section 4. This declaration shall take effect on March 16, 2020 at 12:00 p.m. and shall remain in effect until modified or rescinded. So Proclaimed, This, the 16th Day of March, 2020. %.�.G\SY ORPOP 2 s 2•• SEA'. CA?P Attest: Tammy illiam ,City Cleric ina IL-U® DUNNnorth 01city of arlle?-e COV1711f(gr 7nafferr P2020-07 (Attach #3) 04-14-2020 i-V lonafLlkary Week—ApriC19-2S, 2020 WHEREAS, today's libraries are not just about books but what they do for and with people; and WHEREAS, libraries have long served as trusted and treasured institutions, where people of all backgrounds can be together and connect; and WHEREAS, libraries and librarians build strong communities through transformative services, programs and expertise; and WHEREAS, libraries, which promote the free exchange of information and ideas for all, are cornerstones of democracy; and WHEREAS, libraries and librarians are looking beyond their traditional roles and providing more opportunities for community engagement and delivering new services that connect closely with their patron's needs; and WHEREAS, libraries are a resource for all members of the community regardless of race, ethnicity, creed, ability, sexual orientation, gender identity or socio-economic status, by offering services and educational resources that transform lives and strengthen communities; and WHEREAS, libraries, librarians, library workers and supporters across America are celebrating National Library Week. NOW, THEREFORE BE IT RESOLVED that I, Mayor William P. Elmore Jr., on behalf of the City Council and residents of the City of Dunn proclaim National Library Week, April 19-25, 2020 and encourage all residents to visit, explore what's new, and find your place at your Public Library. Because of you, Libraries Transforni. Proclaimed this the 12th day of April, 2020. d19L 7K William P. Elmore Jr., ATTEST: W VVV Ta y William , City Clerk 0 ID <\\ \ ) § } {(« a {\ \\ \\�\\ :\\�{ \)w \)4(){/\ \/ 2 a STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER GOVERNOR March 27, 2020 Attachment #5 04-14-2020 JAMEs H. TRoGDoN, III SECRETARY WBS ELEMENT: 53083.3.2 COUNTIES: Harnett DESCRIPTION: I-5883 / I-95 at SR 1808 (Jonesboro Road) (Exit 75) to North of SR 1709 (Hodges Chapel Road) (Exit 77), Improve Interchanges, Widen to Eight Lanes SUBJECT: Steven Neuschafer City Manager City of Dunn PO Box 1065 Dunn, NC 28335 Dear Mr. Neuschafer: Use and Occupancy Agreement The proposed improvement of I-95 interchanges and Widening to Eight Lanes from SR 1808 (Jonesboro Road) (Exit 75) to North of SR 1709 (Hodges Chapel Road) (Exit 77) is scheduled to be let to contract on July 21, 2020, with construction beginning around the first day of September, 2020. The construction of this project will require the relocation and adjustment of a sewer force main owned by the City of Dunn. As discussed with you previously, the design for the relocation work has been handled by our engineers (for this project, Davis Martin Powell and Associates working as a sub consultant to Michael Baker) and the construction will be included in the Roadway Contract. This work will be done at the expense of the Department of Transportation in accordance with General Statute 136-27.1. I am sending for you approval, the Project Special Provisions, and Plans showing a proposed sewer force main relocation. In accordance with State and Federal Regulations, it will be necessary for the City of Dunn and the Department of Transportation to agree in writing as to the terms Of use and occupancy for the sewer force main to remain within the highway right of way. Accordingly, the following conditions will apply with regards to the sewer force main: (1) The sewer force main will be located and accommodated in a manner that will not impair the planned highway or the construction or maintenance or interfere with the safe operation in accordance with the attached plans which are made apart hereof. (2) The City of Dunn will be responsible for maintenance and service of the sewer force main to be retained within the Department of Transportation's right of way limits in accordance with the mandate of the statutes and such other laws, rules, and regulations that have been or may be validly enacted or adopted now or hereafter. (3) That upon satisfactory completion of the sewer force main work, the City of Dunn agrees that it shall release the Department of Transportation from any and all claims for damage in connection with relocation made to the sewer force main, and further, that it shall release the Department of Transportation of any further responsibility for the cost of maintenance to the sewer force main. This release shall be Mailing Address: Telephone: (910) 364-0600 Location: NO DEPARTMENT OF TRANSPORTATION Fox: (910) 486-1959 558 GILLESPIE STREET DIVISION 6 Cusnoner Service: 1-877-368-4968 FAYETTEVILLE, NO 28301 POST OFFICE BOX 1150 FAYETTEVILLE, NO 29302 Website; vnvw.ncdot.gov Page 2 deemed to be given by the City of Dunn upon completion of construction of the project and its acceptance by the Department of Transportation from the Roadway Contractor, subject to the Contractor's one year warranty period, unless the City of Dunn notifies the Department of Transportation in writing to the contrary prior to the Department's acceptance of the project (subject to the Contractor's one year warranty period). (4) The Department's Special Provisions binds the contractor to guarantee materials and workmanship against latent and patent defects arising from faulty materials, faulty workmanship or negligence for a period of twelve months following the date of final acceptance of the work for maintenance and shall replace such defective materials and workmanship without cost to the Department. The highway contractor will not be responsible for damage due to faulty design, normal wear and tear, for negligence on the part of the Department, and/or for use in excess of the design. Where items of material carry a manufacturer's guarantee for any period in excess of twelve months, then the manufacturer's guarantee shall apply for that particular piece of material. Appropriate provisions of the payment and/or performance bonds shall cover this guarantee for the project. Should any failure result from the conditions found in line item (4) the Department would then enter into a Contract with the City of Dunn for reimbursement to be made to the City of Dunn for necessary repairs performed by the City of Dunn and/or its contractor. The Utility Relocation Agreement would be issued by the NCDOT Division 6 and the repairs would be coordinated between the City of Dunn and the Department's assigned Resident Engineer. Please indicate your concurrence in these conditions and attached plans by signing in the appropriate space provided below and return to Randy McNeill at rmeneill@dmp-inc.com no later than April 15, 2020. If our office has not received this agreement by the due date, the highway project will be delayed by the Department of Transportation. Sincerely, Rick Handlin Division Utility Engineer eocuSIgned by: K& (vodn A,, 2E0990505E194e0... ApprAvedanAce to For BY: Steven Neuschafer, City Manager N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. UT Form 15 REV. 5/3/2017 020204 14 2020h #6> FOR REGISTRATION Kimberly S. Hargrove REGISTER OF DEEDS Harnett Countyy NC 2020 APR 22 04: 1i:13 PM BK:3FEE:$26100 155 INSTRUMENT H 2O20006248 SARTIS 11111111111111111111111111 2020006248 north carol.ina LWL)UNN city of dune POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 e FAX (910) 230-3590 www,dunn-nc.org - Mayor William P. Elmore Jr. Mayor Pro Tern Chuck Tumage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N.'rart Dr. David L. Bradham City Manager Steven Neuschaler AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED PURSUANT TO N.C.G.S. §160A-426, ET SEQ. WHEREAS, that on February 4th, 2020, the Chief Building Inspector for the City of Dunn sent a notice to Jacqueline Gayle Massey, the owner(s) of record of structure located at 510 E. Townsend St. noting that the structure was in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and was thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on February 13th, 2020 at the office of the Chief Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160A-428; and WHEREAS, on February 13th, 2020 a hearing was conducted by the Chief Building Inspector Steven King, following the completion of the hearing, the Chief Building Inspector entered an Order, pursuant to North Carolina General Statute §160-429, declaring that the structure referenced above is in a condition that constitutes a fire or safety hazard and is dangerous to life, health or other property and ordering the property owner to repair or demolish the structure on the property within thirty (30) days of the date of such Order, being April 2nd, 2020; and DUNK Ail-Ameeica Gitg i I Acre wm7nccni nzafferr 1989*2013 WHEREAS, the owner of the above described structure did not appeal the Order of the Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute § 160A-430 and such Order is therefore a final Order; and WHEREAS, on April 3rd, 2020 and April 7th, 2020, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on April 14th, 2020 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structure described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute § 160A-432; and WHEREAS, the City Council of the City of Dunn, NC finds that the structure described herein is dangerous or prejudicial to the public health or public safety and is a nuisance in violation of North Carolina General Statute 160A-193; and WHEREAS, this structure should be removed or demolished, as directed by the Chief Building Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute §160A-426 and constitutes a fire and safety hazard; and WHEREAS, the owner of this structure has been given a reasonable opportunity to repair or demolish the structure pursuant to an Order issued by the Building Inspector on March 3rd, 2020 and the owner has failed to comply with this order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina that: Section 1. The Building Inspector is hereby authorized and directed to place a placard on the exterior of the structure described herein, containing the legend: "This building is unfit for human habitation and is a public nuisance; the use or occupation of this building for human habitation is prohibited and unlawful." On the structure at the following address: 510 E. Townsend St. Dunn, NC 28334 PIN #: 1516-87-9728.000 PARCEL ID #: 02151608310010 Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structure in accordance with his Order to the owner thereof dated the 3rd day of March, 2020 and in accordance with North Carolina General Statute §160A-432, based on the owner's failure to comply with such Order. Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real property owned by the owner of the property within the City of Dunn, North Carolina, or within one (1) mile of the City of Dunn city limits, except for the property owner's primary residence. (b) Upon completion of the required removal or demolition, the Building Inspector shall sell the useable materials of the structure and any personal property, fixtures, or appurtenances found in the building and credit the proceeds against the cost of removal or demolition. The Building Inspector shall certify the remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction of the cost of removal or demolition, the Building Inspector shall deposit the surplus with the Harnett County Clerk of Superior Court where it shall be secured in the manner provided by North Carolina General Statute §160A-432. Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Section 5. This ordinance shall become effective upon its adoption. Adopted this 10' day of April, 2020. 111William P. Elm Jr. ayor .G��-( OF DU °. ti° Attest: V e SEP\- *?,Lj cPF Ta y Willia City lerk 02020-05 (Attach #7) 04-14-2020 FOR REGISTRATION Kimberl S. Hargrove REGI TER OF DEEDS Harnett Countyy NC 2020 APR 22 04:3'I:13 PM BK:3FEE:$26,00 158 INSTRUMENT # 2020006249 SARTIS 00106249Nlll�l� north carolina ELL)UNN city of dunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 wvvw.dunii-nc.org Mayor William P. Elmore Jr. Mayor Pro Tent Chuck Tumage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart Dr. David L. Bradl a n City Manager Steven Neuschafer AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED PURSUANT TO N.C,G.S. §160A-426, ET SEQ. WHEREAS, that on February 4th, 2020, the Chief Building Inspector for the City of Dunn sent a notice to Cliffous Artis and Ruby W. Artis, the owner(s) of record of structure located at 520 E. Townsend St. noting that the structure was in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and was thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on February 13th, 2020 at the office of the Chief Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160A-428; and WHEREAS, on February 13th, 2020 a hearing was conducted by the Chief Building Inspector Steven King, following the completion of the hearing, the Chief Building Inspector entered an Order, pursuant to North Carolina General Statute §160-429, declaring that the structure referenced above is in a condition that constitutes a fire or safety hazard and is dangerous to life, health or other property and ordering the property owner to repair or demolish the structure on the property within thirty (30) days of the date of such Order, being April 2nd, 2020; and 2c4er-P co m77l16%lG inaffers WHEREAS, the owner of the above described structure did not appeal the Order of the Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute §160A-430 and such Order is therefore a final Order; and WHEREAS, on April 3rd, 2020 and April 7th, 2020, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on April 14th, 2020 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structure described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute § 160A-432; and WHEREAS, the City Council of the City of Dunn, NC finds that the structure described herein is dangerous or prejudicial to the public health or public safety and is a nuisance in violation of North Carolina General Statute 160A-193; and WHEREAS, this structure should be removed or demolished, as directed by the Chief Building Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute § 160A-426 and constitutes a fire and safety hazard; and WHEREAS, the owner of this structure has been given a reasonable opportunity to repair or demolish the structure pursuant to an Order issued by the Building Inspector on March 3rd, 2020 and the owner has failed to comply with this order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina that: Section 1. The Building Inspector is hereby authorized and directed to place a placard on the exterior of the structure described herein, containing the legend: "This building is unfit for human habitation and is a public nuisance; the use or occupation of this building for human habitation is prohibited and unlawful." On the structure at the following address: 520 E. Townsend St. Dunn, NC 28334 PIN #: 1516-87-8975.000 PARCEL ID #: 02151608310013 Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structure in accordance with his Order to the owner thereof dated the 3rd day of March, 2020 and in accordance with North Carolina General Statute § 160A-432, based on the owner's failure to comply with such Order. Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real property owned by the owner of the property within the City of Dunn, North Carolina, or within one (1) mile of the City of Dunn city limits, except for the property owner's primary residence. (b) Upon completion of the required removal or demolition, the Building Inspector shall sell the useable materials of the structure and any personal property, fixtures, or appurtenances found in the building and credit the proceeds against the cost of removal or demolition. The Building Inspector shall certify the remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction of the cost of removal or demolition, the Building Inspector shall deposit the surplus with the Harnett County Clerk of Superior Court where it shall be secured in the manner provided by North Carolina General Statute § 160A-432. Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Section 5. This ordinance shall become effective upon its adoption Adopted this 14"' day of April, 2020. Aj2v','�- " &L William P. Elmore, Jr., Mat) G\- ly OF Attest: _ ;'GO®P®RArF2%®® SEA 2� (�� ra, CM0 P< Ta 6y Willi City Clerk 02020-06 (Attach #8) 04-14-2020 FOR REGISTRATION Kimberly S. Hargrove REGISTER OF DEEDS Harnett Countyy NC 2020 APR 22 04:3�: 13 PM BK:3FEE:$26100-161 INSTRUMENT # 2020006250 SARTIS III I III 11111111111111111 2020006250 north caroling WJUUNN city of dunn POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 (910) 230-3500 - FAX (910) 230-3590 www.duiin-nc.org Mayor William P. Elmore Jr. Mayor Pro Tem Chuck Tnrnage Council Members J. Wesley Silts April L. Gaulden Frank McLean Billy N. Tart Dr. David L. Bradham City Manager Steven Neuschafer AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED PURSUANT TO N.C.G.S. §160A-426, ET SEQ. WHEREAS, that on February 10th, 2020, the Chief Building Inspector for the City of Dunn sent a notice to Theodore L. Williams, Jr., the owner(s) of record of structure located at 510 S. Elm Ave. noting that the structure was in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and was thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on February 19th, 2020 at the office of the Chief Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160A-428; and WHEREAS, on February 19th, 2020 a hearing was conducted by the Chief Building Inspector Steven King, following the completion of the hearing, the Chief Building Inspector entered an Order, pursuant to North Carolina General Statute §160-429, declaring that the structure referenced above is in a condition that constitutes a fire or safety hazard and is dangerous to life, health or other property and ordering the property owner to repair or demolish the structure on the property within thirty (30) days of the date of such Order, being April 2nd, 2020; and DUNN bcftd All -America City E 2tiilere 46=7nt�MafferS WHEREAS, the owner of the above described structure did not appeal the Order of the Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute § 160A-430 and such Order is therefore a final Order; and WHEREAS, on April 3rd, 2020 and April 7th, 2020, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on April 14th, 2020 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structure described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute § 160A-432; and WHEREAS, the City Council of the City of Dunn, NC finds that the structure described herein is dangerous or prejudicial to the public health or public safety and is a nuisance in violation of North Carolina General Statute 160A-193; and WHEREAS, this structure should be removed or demolished, as directed by the Chief Building Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute § 160A-426 and constitutes a fire and safety hazard; and WHEREAS, the owner of this structure has been given a reasonable opportunity to repair or demolish the structure pursuant to an Order issued by the Building Inspector on March 3rd, 2020 and the owner has failed to comply with this order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina that: Section 1. The Building Inspector is hereby authorized and directed to place a placard on the exterior of the structure described herein, containing the legend: "This building is unfit for human habitation and is a public nuisance; the use or occupation of this building for human habitation is prohibited and unlawful." On the structure at the following address: 510 S. Elm Ave. Dunn, NC 28334 PIN #: 1516-65-3160.000 PARCEL ID #: 02151611240008 Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structure in accordance with his Order to the owner thereof dated the 3rd day of March, 2020 and in accordance with North Carolina General Statute §160A-432, based on the owner's failure to comply with such Order. Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real property owned by the owner of the property within the City of Dunn, North Carolina, or within one (1) mile of the City of Dunn city limits, except for the property owner's primary residence. (b) Upon completion of the required removal or demolition, the Building Inspector shall sell the useable materials of the structure and any personal property, fixtures, or appurtenances found in the building and credit the proceeds against the cost of removal or demolition. The Building Inspector shall certify the remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction of the cost of removal or demolition, the Building Inspector shall deposit the surplus with the Harnett County Clerk of Superior Court where it shall be secured in the manner provided by North Carolina General Statute § 160A-432. Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Section 5. This ordinance shall become effective upon its adoption. Adopted this 14"' day of April, 2020. eo0��Y DFBU.. jliam P. Elmore, JI , M yor :G�Rp©RA%c. ® SEAS Attest: ?�� .pp..ryry..n•{rt ����® 4, 111 IJIt'll � Ta Willia s City C erk Mayor William P. Elmore Jr. S city of dunn POST OFFICE BOX 1065 a DUNN, NORTH CAROLINA 28335 (910) 230-3500 o FAX (910) 230-3 www.dunn-nc.org R20204 14 2020h #9) CITY OF DUNN, NORTH CAROLINA RESOLUTION DECLARATING OFFICIAL INTENT TO REIMBURSE Mayor Pro Tern Chuck Turnage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Dr. David L. Bradham City Manager Steven Neuschafer WHEREAS; the City of Dunn desires to undertake certain improvements to its municipal park known as Clarence Lee Tart Memorial Park, and WHEREAS; it is the intent of the City to finance those improvements through lease purchase or other suitable financing and that the financing will be obtained as a result of a process involving Local Government Commission oversight and approval by the City Council, and WHEREAS; this Resolution and declaration (the "Declaration") is made pursuant to the requirements of the United States Treasury Regulations Section 1.150-2 and is intended to constitute a Declaration of Official Intent to Reimburse under such Treasury Regulations Section, and WHEREAS: the City Council of the City of Dunn is authorized to resolve and declare the official intent of the City of Dunn, North Carolina (the "Issuer") with respect to the matters contained herein. NOW THEREFORE BE IT RESOLVED; that the City of Dunn proposes to undertake the Project as described below, to incur the related and necessary project expenditures, and to finance the cost of the Project with the proceeds of debt to be issued by the City for the project all as described below: 1. Expenditures to be incurred. The City of Dunn (the Issuer) anticipates incurring maximum expenditures (the "Expenditures") of $3,450,000 for improvements to the Clarence Lee Tart Memorial Park of the City of Dunn described as Renovations and Improvements and as specified in the Design and Renovation Report prepared by Crawford Design Company and dated June 29, 2018 (the 'Project") and including the construction of a central control building on that same site. 2. Plan of Finance. The Issuer intends to finance the costs of the Project with the proceeds of lease purchase financing or other suitable form of debt, to be issued by the City (the "Borrowing'), the interest on which is to be excluded from gross income for Federal income tax purposes. DUNN AIFAtaa)laag where GOi7L7721! 778affers 1999*20❑ 3. Maximum Principal Amount of Debt to be issued. The maximum principal amount of the Borrowing to be incurred by the Issuer to finance the Project is $2,120,000. 4. Declaration of Official Intent to Reimburse. The Issuer, City of Dunn, NC, hereby declares its official intent to reimburse itself with the proceeds of the Borrowing for any of the Expenditures incurred by it prior to the issuance of the Borrowing. Adopted this 14th day of April 2020. OF G� •........ Nam,® ?ORAr, ®_ ;v s By. - - William P. Elmore, C, TVOr Tam y Willian s, 'ty Clerk NORTH CAROLINA HARNETT COUNTY MEMORANDUM OF UNDERSTANDING Attachment #10 04-14-2020 THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this I LI day of I-) Yl kk , 2020, by and between the City of Dunn, North Carolina, a municipal corporation ("City") and the Dunn Area Chamber of Commerce, Inc., a North Carolina non-profit corporation ("DACC"); WITNESSETH: WHEREAS, the City and DACC have previously formed the Dunn Vision Group with representatives from each group (the "Dunn Vision Group"), for purposes of making various recommendations for conducting a Strategic Vision Plan for the City of Dunn ("Vision Plan"); and WHEREAS, in preparation for conducting the necessary work to develop a Vision Plan, the City, with concurrence of the Dunn Vision Group, issued a Request for Proposals that was duly advertised seeking proposals from consultants to assist in the development of the Vision Plan; and WHEREAS, the City received numerous proposals from consultants, which have been reviewed by City staff and also the Dunn Vision Group, both of which are in agreement to recommend to the Dunn City Council the firm of Arnett Muldrow & Associates, Ltd. of Greenville, South Carolina to serve as a consultant to the City and thereby the Dunn Vision Group, in developing the Vision Plan (the "Consultant'); and WHEREAS, the DACC has budgeted and appropriated up to $20,000.00 for expenses associated with the development of the Vision Plan, including, but not limited to expenses related to or associated with the hiring of a Consultant; and WHEREAS, the City has budgeted and appropriated up to $50,000.00 for expenses associated with the development of the Vision Plan, including, but not limited to expenses related to or associated with the hiring of a Consultant; and WHEREAS, the DACC world like to authorize the City to negotiate a final contract with the Consultant, consistent with the proposal submitted by the Consultant and to commit to share in the cost for payment of fees and expenses to the Consultant, as hereinafter set forth in this MOU; NOW, THE, in consideration of the mutual promises, covenants and conditions set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the DACC have the following understanding: Preambles. The preambles to this MOU are incorporated herein by reference. Page I of 2 2. Contract with Consultant. The DACC authorizes the City to negotiate and finalize a contract with the Consultant to assist in the development of the Dunn Vision Plan, consistent with the terms of the proposal received from the Consultant and recommended by City staff and the Dunn Vision Group (the "Contract'). The Contract will be directly between the City and the Consultant and the City will be in charge of and responsible for all aspects of the Contract. 3. Contract Payments and Contributions from DACC. The City shall be responsible for and shall make any payments due pursuant to the Contract, upon satisfactory completion of work by the Consultant pursuant to the Contract terms. The parties acknowledge and understand the Contract will provide for periodic payments upon reaching certain milestones in the development of the Vision Plan. Upon payment of any invoice approved by the City, the City shall submit a copy of the same to the DACC. Within ten (10) business days of receipt ofthe invoice, the DACC will pay to the City, as a contribution towards the cost of the Consultant's services, an amount equal to 2/7 (29.57%) of the paid invoice. The obligation for contributions by the DACC to the City as set forth above shalt not exceed $20,000.00 total and shall continue through completion of the Contract. 4. Relationship of the Parties. Nothing contained in this MOU shall be deemed to create a partnership, joint venture or any other legal relationship between the City and DACC. The sole purpose of this MOU pertains to the commitment of the DACC to make contributions to the City for fees and expenses of the Consultant pursuant to the Contract. IN WITNESS WHEREOF, the parties have expressed their understanding regarding the matters set forth in this MOU as of the day and year first above written. By: Name: Title: By: Name: Title: AREA CHAMBER OF COMMERCE, INC. CITY OF DUNN, NORTH CAROLINA Page 2 of 2 U north caroling �D NN city of dunn POST OFFICE BOX 1065 - DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 www.dunn-nc.org R2020-06 (Attach #11) 04-14.2020 RESOLUTION BY THE DUNN CITY COUNCIL TO SELL REAL PROPERTY Mayor William P. Elmore Jr. Mayor Pro Tear Chuck Turnage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Dr. David L. Bradham City Manager Steven Neuschafer WHEREAS, the City Council of the City of Dunn, North Carolina, is the owner of a 50 foot x 250.74 foot real property tract located on North Ashe Avenue in the City of Dunn, Harnett County, NC 28334. This tract is a portion of property conveyed to the City of Dunn in that Deed recorded in Book 3365, Page 854, Harnett County Registry with Parcel ID No. 0215171805000501. The 50 foot tract runs adjacent to 603 North Ashe Avenue; and WHEREAS, Wincor Properties LLC has made an offer to the City of Dunn to purchase said real property tract for the purchase price of $ 8) 50C) • 00 pursuant to the negotiated offer, advertisement and upset bid procedure set forth in N.C. General Statute §160A-260; that the Dunn City Council has considered this offer and they desire through this Resolution to propose to accept the offer on the condition that Wincor Properties, LLC pays a 5% deposit and agrees for the property to be surveyed at purchaser's expense and that the further requirements of N.C. General Statute §160A- 260 are met. NOW, THEREFORE, BE IT RESOLVED that the Dunn City Council pursuant to the provisions of N.C. General Statute §160A-260 do hereby propose to accept the offer by Wincor Properties LLC to purchase that 50 foot x 250.74 foot real property tract upon its deposit of 5% of the offered price and the agreement that the property be surveyed at purchaser's expense and subject to any upset bids received after publication of Wincor Properties' offer pursuant to the aforementioned statute. Adopted this 14th day of April, 2020. William P 00ti 11111/Id OF OCiy'. ATTEST; ®,��w'•®�,PORarF� �- Jr.,MaY A. SEND- ,r�Q Tam y) dddd rld Alf 1000 City Clerk