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Attachments 04-13-2021north caroling WJ-DUNN city of Bunn POST OFFICE BOX 1065 e DUNN, NORTH CAROLINA 28335 (910) 230-3500 a FAX (910) 230-3590 www.dunn-nc.org Attachment #1 04/1312021 PUBLIC NOTICE related to Regular Council Meeting Mayor William P. Elmore Jr. Mayor Pro Tem Chuck Turnage 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 13, 2021 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 participate electronically. SPECIAL NOTICE REGARDING MEETING ACCESS DUE TO STATE OF EMERGENCY In an effort to reduce the spread of Covid-19 and to abide by the Governor's Executive Order 204, in -person access to the Council meeting will continue to be limited to allow forsocial distancing. Face Coverings are required by all in attendance. The Council Meeting will be available for live public viewing on Facebook - The City of Dunn, NC page. Public Comment Period - Comments, not in -person, can be called in, delivered or emailed to the City Clerk by Monday, April 12, 2021, 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 the 3-minute time limit. 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. Public Hearing - Comments, not in -person, can be called in, delivered or emailed to the City Clerk by Monday, April 12, 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 of the person filing the comments and the Public Hearing that the comments are in reference to. 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. Tammy Williams, CMC City Clerk 401 E Broad St PO Box 1065, Dunn NC 28335 910-230-3501 twilliams@dunn-nc.org DUNN All -America city 1 1-2,ThCre e 7)Ztn ma&ers a 1989 * 2013 LLU® ®�NnN �>UNN P2021-03 (attach u2� �16America City city of dunn 04/13/2021 where wxmuni mae&rr 1989 * 2013 NationafLibrary Week—Apri(4-10, 2021 WHEREAS, today's libraries are not just about books but what they do for people; and WHEREAS, libraries have long served as trusted and treasured institutions, where people of all backgrounds can be together and connect through transformative services, programs and expertise; and WHEREAS, libraries, librarians, library workers and supporters across America are celebrating National Library Week the week of April 4-10, 2021; and WHEREAS, this year's theme, "Welcome to Your Library," promotes the idea that libraries extend far beyond the four walls of a building — and that everyone is welcome to use their services; and WHEREAS, during the pandemic libraries have been going above and beyond to adapt to our changing world by expanding their resources and continuing to meet the needs of their users; whether people visit in person or virtually, libraries offer opportunities for everyone to explore new worlds and become their best selves through access to technology, multimedia content, and educational programs; and WHEREAS, the City of Dunn wishes to express our sincere appreciation to the Dunn Public Library staff and volunteers and recognize the significant role that the library plays in the lives of our residents. NOW, THEREFORE BE IT RESOLVED that I, Mayor William P. Elmore Jr., on behalf of the City Council and our residents proclaim National Library Week, April 4-10, 2021, in the City of Dunn and encourage all residents to visit, explore what's new, and find your place at your Public Library. Proclaimed this the I" day of April, 2021. A171 J 1: qTay Willi r s, City Clerk BA2021-17 (Attach #3) 04/13/2021 a o 0 0 0 0 0 0 o S 0 0 0 0 0 V 0 Orl tM0 O N O O Cl N lQ� C ¢ IL Ul V Vl eA M W Hi Vi f9 t9 Yi Hi t9 vi W M Y Q y Oj O N y O O N Emm o o o0 00 CD v a O E n m C W U N ems- N E U (O ❑ E Ea c Ea Q O U N N w E N E E E N Q E E m E m Q E n a m m' c w wr» ww �» w w w enw w Yo m ❑ O 0 0 o 0 0 d o a°o o o n E E c o' E E M N sN 1m 'n [2 c N E o @ n `o @ o-m E E-m E Q ¢ Q ¢ c E E m x E@ a 2 m E v @ o c jo `m 'o E @ E o m zo Ev oF- « r c v a L' E ❑ Y ❑ Y@ a@ E u Euo E O r Ua 1 ''=v Ev w N w Z @ Q �' rq Y W oa U WUF 7 uE. a m v ��E'3 w @ r E E w w @ o m o @ 3 m v au°.�o°�0 o o _ N Q Q Q rN Q W m@ o LL W 3 �. N c d u o •-moo >>> m rc� 'u. FEK>N w uU. ui ¢ ¢ E U E Foa r Z m p m Z rn W a O � O O O O O O O o O O O taWu v LL N Y m m m m vv'i m o 0 0 v O � a d d d d d U � a 6 o o' d d d d L a C C V a a LL (L U ii 3 ❑ 3 0 K Z 12 E o W j � U ° BA2021-18 (Attach #4) 04/13/2021 0 0 0 0 o � c o c n o c 6 o c v o E '0 E E 'a 'o C o N E cV M Q m v o o 0 o Yk N 0 O 0 0 E w O m o o d o 0 N v U U o N o N c d U N U o N 0 N ❑ Q E d a E a 0 N N = U d N = E W \vUi N N Q Q d Q¢ y = U U d d C _C W N O O w C 0 o n ar E E m c o c N N c o L= c a E Q Q Q Q a m v df N3 N � h a d C E w � c w C d m 2 v�i .L. E Z E OKfWOWrJn OUUWFi UN mCmaLN2W ONo U U nmNo 2mmNo=c E J QLL E W W Z Z w'o O 2 = U N N «N O Z N 0 N ZN a n N W m W G T N U a aNN "O W IL K D U LL Li U N LL H W C O E m Z j O w p� Z a 2 n O 7 LL O W ❑ F } O n oo w u y o a o m ay = i CJ N d O K u t u U O Z Z j v O O LL LL Q Q N U Z U U u LL K z W LL Uri Case: CUP-01-21 George Adler, Planning Director gadler@dunn-nc.org Phone: 910-624-6749 Fax: 910-230-9005 MUUNN ity.F41111111 Attachment #6 04113/2021 Planning Board Meeting: March 23, 2021 City Council Meeting: April 13, 2021 Requesting conditional use: Banquet hall and event venue as a conditional use of a property zoned C-1, Central Commercial District. Applicant Information Owner of Record Name: Billy N. & Vickie T. Tart Address: 1910 South Elm Avenue City/State/Zip: Dunn, NC 28334 Applicant: Name: BNT Investments, LLC Address: 1910 South Elm Avenue City/State/Zip: Dunn, NC 28334 Property Description PIN(s): 1516-67-3366.000 Acreage: 04 acres (1,742.40 square feet► Address: 105 East Broad Street This property is on Broad Street between Railroad Avenue and North Wilson Avenue in the Downtown Business District, the heart of downtown Dunn. Vicinity Map Page 1 of 4 STAFF REPORT Physical Characteristics Maps See Attachment 3. Physical Characteristics Description The property is located in one of the downtown blocks of Dunn's Business Improvement District. It is a single - story building sharing walls with Its neighbors In a row of buildings The row of buildings is split mid -block by a functioning paved alley. In its interior the subiect property has an Internal balcony accessed via stairs that circles the main floor, providing a view of the main floor area from above The uses In the block include business offices small shops a martial arts studio an NC Department of Public Safety office, a florist and, at the corner with Wilson, a locally owned restaurant. Services Available Water: Sewer: ✓ Public (City of Dunn) ✓Public (City of Dunn) ❑ Private (Well) ❑ Private (Septic Tank) ❑ Other: Unverified ❑ Other: Unverified Dunn public utilities are available. Transportation One block south of 105 East Broad at East Cumberland (US 421) and South Wilson Avenue, the NCDOT average annual daily traffic count (AADT) was 22,000 In 2019 Two blocks east at East Broad and North Clinton, the AADT was 2,800 In 2019 The entrance to 1-95 Exit 73 is approximately eight tenths of a mile east of 105 East Broad. Zoning District Compatibility The following is a summary list of general uses, for actual permitted uses refer to the Zoning Ordinance. See Attachments Z and 2. CURRENT C-1 REQUESTED Conditional use requested Florists X Government X Banks & credit unions X Medical offices & clinics X Microbrewery X Restaurants X Private meeting halls & frat. Organizations — occupancy less than 50 X Banquet hall & event venue I X Page 2 of 4 STAFF REPORT Evaluation I/ The amendment, If small scale, is reasonable based upon surrounding Yes No conditions. REASONING. The current uses in the immediate area include: across E Broad St, to the southwest a CPA and a Music School• to the northeast a private parking lot and a public parking lot• adjacent to the northwest an Interior design studio and to the southeast a probation and parole office All are zoned C-1 Central Commercial District. I/ ❑ The impact to the adjacent property owners and the surrounding Yes No community is reasonable, and the benefits of rezoning outweigh any potential inconvenience or harm to the community. REASONING. Minimal to no Impact to adjacent property owners is anticipated, V/ (] The amendment is warranted due to changed or changing conditions Yes No in the area. REASONING., The conditional zoning use requested is permitted by the Dunn City Code at 22-461 (6) m. Adding this conditional use as a venue supports good planning. ,/ Ll The amendment achieves the purpose and is consistent with the Land Yes No Use Plan. REASONING• Adding conditional uses to C-1 zoning conforms with the Future Land Use Map which protected this parcel to be commercial. Suggested Statement -of -Consistency (Staff concludes that...) The Future Land Use Map on page 86 of the 2030 Land Use Plan shows 105 East Broad Street as commercial with commercial adjacent to the north south east and west (Attachment 4). Adding the conditioned use of event venue is consistent with central commercial district uses. Staff concludes that allowing the conditioned use as an event venue to this property is consistent with the Land Use Plan and is anticipated to create no foreseeable negative Impact to adjacent property owners. Site Photographs Please see Attachment 3. Page 3 of 4 STAFF REPORT Traditional Standards of Review and Worksheet The Planning Board shall consider and make recommendations to the City Council concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning Board concerning zoning districts and no proposed zoning district will receive favorable recommendation unless: ❑ ❑ A. The proposal will place all property similarly situated in the area in the same Yes No category, or in appropriate complementary categories. ❑ ❑ B. There is convincing demonstration that all uses permitted under the proposed Yes No district classification would be in the general public interest and not merely in the interest of the Individual or small group. ❑ ❑ C. There is convincing demonstration that all uses permitted under the proposed Yes No district classification would be appropriate in the area included in the proposed change. (When a new district designation Is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they Intend to make of the property involved.) ❑ ❑ D. There is convincing demonstration that the character of the neighborhood will Yes No not be materially and adversely affected by any use permitted in the proposed change. ❑ ❑ E. The proposed change Is In accordance with the comprehensive plan and sound Yes No planning practices. ❑ GRANTING THE REZONING REQUEST Motion to grant the rezoning upon finding that the rezoning is reasonable based on All of the above finding of fact A-E being found in the affirmative and that the rezoning advances the public interest. ❑ DENYING THE REZONING REQUEST Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest and is unreasonable due to the following: ❑ The proposal will not place all property similarly situated In the area in the same category, or in appropriate complementary categories. ❑ There is not convincing demonstration that all uses permitted under the proposed district classification would be In the general public interest and not merely in the interest of the individual or small group. ❑ There is not convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area Included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they Intend to make of the property involved.) ❑ There Is not convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. LJ The proposed change is not in accordance with the comprehensive plan and sound planning practices. ❑ The proposed change was not found to be reasonable for a small scale rezoning. Page 4 of 4 STAFF REPORT Findings of Fact: CUP-01-21 ✓ Yes ❑ No The use requested is listed among the conditional uses in the district for which the application is made. REASONING: The use requested —Banquet hall & event venue (i.e., weddings, parties, etc) —is listed among the conditional uses in the Dunn City Code at Section 22-461(6) ✓ Yes ❑ No The requested use is essential or desirable to the public convenience or welfare. REASONING: There are only a few event spaces downtown for weddings, parties, etc. Permitting this space to function as a venue will offer a desirable public convenience that will draw visitors to the central commercial district and add to the public welfare. ✓ Yes ❑ No The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. REASONING: An event venue will not negatively impact the Integrity or the character of the central commercial district Any increase in traffic or need for parking will be periodic frequently in the evening or on weekends and will have minimal negative Impart to the surrounding businesses Off-street parking Is not required for developments in the C-1 Central Commercial District. Allowing this space to function as a venue will not be detrimental to the health morals or welfare of the city's residents or visitors, ✓ Yes ❑ No The requested use will be in conformity with the land development plan. REASONING: The Future land Use Map completed in 2005 identifies 105 Bast Broad (on page 86) as commercial Permitting this property to function as a venue conforms with that zoning. ✓ Yes ❑ No Adequate utilities, access roads, drainage, sanitation, and other necessary facilities have been or are being provided. REASONING: All utilities and other necessary facilities are in place currently or are being provided The structure adjoins buildings on either side and has existing Impervious surfaces in front and back so this conditional use will have no impact on Impervious surfaces or storm drainage The parcel fronts on Broad Street and has a rear door allowing access from behind the building. The dumpster for the building is located in the service / delivery / parking area behind the building and appears to be shared by several of the buildings in that block of Broad Street. CUP-01-21 105 East Broad Street STAFF REPORT c au E s U m rq N I 0 19 m L b 02021-06 (Attach #6) 04/13/2021 city of dunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 < FAX (910) 230-3590 wwwAunn-nc,org Mayor William P. Elmore Jr. Mayor Pro Tem Dr. David L Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tort Chuck Tumage 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 October 21s" 2020, the Building Inspector for the City of Dunn sent a notice to Julia U Wright, the owner(s) of record of the structure located at 402 E. Pope St. noting that the structure is in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and were thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on October 27th, 2020 at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160A-428; and WHEREAS, on October 27th, 2020 a hearing was conducted by the Building Inspector Slater Johnson which Julia U. Wright attended, following the completion of the hearing, the 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 sixty (60) days of the date of such Order, being February 8th, 2021; and DUNN All -America Cip 1 whore wmm ! matters 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 March 30th, 2021 and April 6th, 2021, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on April 131h, 2021 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, the 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 the structure has been given a reasonable opportunity to repair or demolish the structure pursuant to an Order issued by the Building Inspector on December 10th, 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: 402 E. Pope St. Dunn, NC 28334 PIN #: 1516-65-3450.000 PID 0:02151611240003 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 1 Oih day of December, 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 Cleric 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 13th day of April, 2021. CITY OF GORPO&4T L'• SEAL Attest: Tammy Willi "n s, CMC City Clerk Dr. David L. Bradham. Mayor Pro Tem 02021-06(Attach #7) 04/13/2021 city of dunn POST OFFICE BOX 1065 , DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 www.dunn-nc.org Mayor William P. Elmore Jr. Mayor Pro Tem Dr. David L Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart Chuck Tumage 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 October 21st, 2020, the Building Inspector for the City of Dunn sent a notice to Worth Benton Utley and Judith Utley, the owner(s) of record of the structures located at 408 E. Pope St. noting that the structures are in a condition that constitutes a fire and safety hazard, and are dangerous to life, health and property and were thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on October 27th, 2020 at the office of the Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160A-428; and WHEREAS, on October 27th, 2020 a hearing was conducted by the Building Inspector Slater Johnson which Alecia Radcliffe attended. Following the completion of the hearing, the Building Inspector entered an Order, pursuant to North Carolina General Statute §160-429, declaring that the structures referenced above are in a condition that constitutes a fire or safety hazard and are dangerous to life, health or other property and ordering the property owner to repair or demolish the structures on the property within sixty (60) days of the date of such Order, being February 8th, 2021; and DUNN AIFaCity Where cammt!tT matters rva9�:or} WHEREAS, the owner of the above described structures 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 March 30", 2021 and April 6th, 2021, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on April 13rh, 2021 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structures 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 structures 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, the structures should be removed or demolished, as directed by the Chief Building Inspector, and are 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 the structures have been given a reasonable opportunity to repair or demolish the structures pursuant to an Order issued by the Building Inspector on December 1 Orh, 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 structures 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 structures at the following address: 408 E. Pope St. Dunn, NC 28334 PIN 9:1516-65-4370.000 PID #:02151611240001 Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structures in accordance with his Order to the owner thereof dated the 10`h day of December, 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 13th day of April, 2021. \tau i I t i 4t,I ,% CITy®� 0 'ORPp :2 Attest: Tarimly Willighns, CMC City Clerk Dr. David L. Bradham Mayor Pro Tom 02021-07 (Attach #8) 04/13/2021 city of dunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 a FAX (910) 230-3590 www.dunn-nc.org Mayor William P. Elmore, Jr. Mayor Pro Tern Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart Chuck Tumage City Manager Steven Neuschafer AN ORDINANCE DECLARING THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION PURSUANT TO N.C.G.S. §160A-443, ET SEQ. WHEREAS, that on November 12, 2020 the Building Inspector for the City of Duren sent a notice to Carl B. Munday and James R. Levinson the owners of record of the property located at 102 Short St. that the property was in a condition that does not meet the requirements of the City of Dunn Minimum Housing Code and served on the property owner of Complaint and Notice of Hearing, that a hearing would be held on December 1, 2020, at the office of the Building Inspector located at 102 North Powell Ave., Duren, North Carolina pursuant to North Carolina General Statute § 160A-443, et seq.; and WHEREAS, on December 1, 2020, attending the phone conference hearing was Randall Durham, Tony Woodard, Lee Levinson, Steven King (Chief Building Inspector), Dwayne Williams (Building Inspector) and following the completion of the hearing, the Building Inspector entered an Order, pursuant to North Carolina General Statute § 160A-443, declaring that the property referenced above was deteriorated pursuant to the City of Dunn Minimum Housing Code and ordering the property owner to bring the property into compliance with the City of Dunn Minimum Housing Code within ninety (90) days of the date of such Order, being March 4, 2021 and if necessary, that the property be vacated until the repairs, alterations and improvements to the property were made to bring such property into compliance with the City of Dunn Minimum Housing Code as set forth in Article VII of the Dunn City Code; and I WHEREAS, the owner of the above described property did not appeal the Order of the Chief Building Inspector within the ten (10) day time period prescribed in Section 4-186 of the Dunn City Code such Order is therefore a final Order; and WHEREAS, on March 30, 2021 and April 6, 2021 the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on April 13, 2021 to consider the adoption of this Ordinance, directing the Chief Building Inspector to post on the main entrance of the property a placard that states: This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful;." and WHEREAS, the City Council of the City of Dunn, NC finds that the property described herein is unfit for human habitation and that the Chief Building Inspector shall post the main entrance of such property with the placard provided for herein; and WHEREAS, the owner of this property has been given a reasonable opportunity to repair the property pursuant to an Order issued by the Chief Building Inspector on December 4, 2020, and the owner has failed to comply with the 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 main entrance of the building located on the property described herein, containing the legend: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." on the structure located at the following address: 102 Short St. Dunn, NC 28334 PIN 4: 1516-35-1312.000 PARCEL ID#: 02151610550013 Section 2. 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. Occupation of the building once posted with said placard shall be Class 1 misdemeanor pursuant to North Carolina General Statute § 160A-443. Section 3. This ordinance shall become effective upon its adoption. Section 4. If the owner of the property described herein has not repaired, altered or improved the property to bring it into compliance with Section 4-31 of the Dunn City Code within twelve (12) months of the adoption of this Ordinance, the Building Inspector is directed to bring the matter back before the City Council for further consideration of remedies available to the City of Dunn under North Carolina General Statute § 160A-443. Adopted this the 1311 day of April, 2021 OF t !•' •tt.JJ' V ni Attest: v a�r`flppORAT`c? Ta my Wil ins, C C SEAS ' .., . City Clerk p yTH f P oZV 011 ar/eferf�slce ' Dr. David L. Brad am Mayor Pro Tern 02021-08 (Attach #9) 04/1312021 city of dune POST OFFICE BOX 1065 a DUNN, NORTH CAROLINA 28335 (910) 230-3500 ^ FAX (910) 230-3590 www.dunn-ncorg Mayor William P. Elmore, Jr. Mayor Pro Tent Dr, David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart Chuck Tumage City Manager Steven Neuschafer AN ORDINANCE DECLARING THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION PURSUANT TO N.C.G.S. §160A-443, ET SEQ. WHEREAS, that on November 16, 2020 the Building Inspector for the City of Dunn sent a notice to Carl B. Munday and James R. Levinson the owners of record of the property located at 1007 S. McKay Ave. that the properly was in a condition that does not meet the requirements of the City of Dunn Minimum Housing Code and served on the properly owner of Complaint and Notice of Hearing, that a hearing would be held on December 1, 2020, at the office of the Building Inspector located at 102 North Powell Ave., Dumn, North Carolina pursuant to North Carolina General Statute §160A-443, et seq.; and WHEREAS, on December 1, 2020, attending the phone conference hearing was Randall Durham, Tony Woodard, Lee Levinson, Steven King (Chief Building Inspector), Dwayne Williams (Building Inspector) and following the completion of the hearing, the Building Inspector entered an Order, pursuant to North Carolina General Statute §160A-443, declaring that the properly referenced above was deteriorated pursuant to the City of Dunn Minimum Housing Code and ordering the properly owner to bring the properly into compliance with the City of Dunn Minimum Housing Code within ninety (90) days of the date of such Order, being March 4, 2021 and if necessary, that the properly be vacated until the repairs, alterations and improvements to the property were made to bring such property into compliance with the City of Dunn Minimum Housing Code as set forth in Article VII of the Dunn City Code; and WHEREAS, the owner of the above described property did not appeal the Order of the Chief Building Inspector within the ten (10) day time period prescribed in Section 4-186 of the Dunn City Code such Order is therefore a final Order; and WHEREAS, on March 30, 2021 and April 6, 2021 the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on April 13, 2021 to consider the adoption of this Ordinance, directing the Chief Building Inspector to post on the main entrance of the property a placard that states: This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful;." and WHEREAS, the City Council of the City of Dunn, NC finds that the property described herein is unfit for human habitation and that the Chief Building Inspector shall post the main entrance of such property with the placard provided for herein; and WHEREAS, the owner of this property has been given a reasonable opportunity to repair the property pursuant to an Order issued by the Chief Building Inspector on December 4, 2020, and the owner has failed to comply with the 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 main entrance of the building located on the property described herein, containing the legend: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." on the structure located at the following address: 1007 S. McI{ay Ave. Dunn, NC 28334 PIN #: 1516-35-1312.000 PARCEL ID#: 02151610550013 Section 2. 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. Occupation of the building once posted with said placard shall be Class 1 misdemeanor pursuant to North Carolina General Statute § 160A-443. Section 3. This ordinance shall become effective upon its adoption. Section 4. If the owner of the property described herein has not repaired, altered or improved the property to bring it into compliance with Section 4-31 of the Dunn City Code within twelve (12) months of the adoption of this Ordinance, the Building Inspector is directed to bring the matter back before the City Council for further consideration of remedies available to the City of Dunn under North Carolina General Statute § 160A-443. Adopted this the 13t' day of April, 2021 Attest: 4ay(MWillia , CMC City Cleric AL ®� ,e�"11j'o Dr. David L. Bradham °°,oG� 'l OF duo, ayor Pro Tom > by �. GO�PORATF ; m moo® a SEAV % O' .....••''�N 'rti C�?� O € 2 Attachment 1 0411me"' ° � o a H/ ti+04 99 a n F �J ah o'4 QO Fy€ 9 m k I v q 19 C W ^} '.` C .�� i4 it of 2� " UO Q 9 of m � f v d W I O Z � � 40 J� Fa Oomwi _ o Np � o+ �z VG `d d 'G' o n oZ O„ W J ZJn Tpa k. �y 1C-1 ® OW �O w0. „o oa pU Z a E O° U_ Q 20��oG 9 pOm2gYaSaS �Fp13�+S� � rv° � SIB 7w m mTu�Tu S �„Qd}Y 06U Jn Al V qp p UC-16� �Z _ J 6 Q B o + 0 (a w 7 w ® w ti a� C mo Np zF ^0 =P n �o a Z a C 1 oz ;_ q o� ao aay 0 <wc E��. +Oe 7 J� Q�iyoa a l O 4J G 'j w q E o yyyro � z z O � 33 ppW ° Eayvi U va Lil—�ma CAoz w+mo e o yq> q Fl �p T K o y SLSS I -ugaf®Xd Cal Fb/00/60 - .g,gItlNggS .gs 6485944896b95396N']QSSSSLLSSSSSSSSSf 869653YII15A5555555 Executive Summary Entity: City of Dunn County: Harnett TIP / WBS Element: TIP: 1-5878 WBS Element: 47532.3.3 Scope: The Project consists of betterments cost of water and sewer lines to be up sized. Funding: Type: Receivable Total Cost: $260,498.00 Responsibilities: Adjustment and relocation of utility lines: The City of Dunn shall be responsible for water and sewer lines cost. Upon completion of the utility lines relocation and adjustment covered under this Agreement; the City of Dunn shall assume normal maintenance operations for these utility lines. Agreement ID # 9824 NORTH CAROLINA UTILITY CONSTRUCTION AGREEMENT (UCA) HARNETT COUNTY DATE: 4/15/2021 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Project: 1-5878 AND WBS Elements: 47532.3.3 CITY OF DUNN THIS AGREEMENT is made and entered into on the last date executed below, by and between the North Carolina Department of Transportation, an agency of the State of North Carolina, hereinafter referred to as the "Department" and the City of Dunn, hereinafter referred to as the "Municipality." WITNESSETH: WHEREAS, the Department has prepared and adopted plans to make certain street and highway improvements under Project 1-5878, in Harnett County, said plans consists of Improvements to 1-95 Interchanges and widening to eight lanes SR 1793 (Spring Branch Road/Pope Road, exit 72) to US 421 (exit 73) in Harnett County; said project having a right-of-way width as shown on the project plans on file with the Department's office in Raleigh, North Carolina; and, WHEREAS, the parties hereto wish to enter into an agreement for certain utility work to be performed by the Department's construction contractor with full reimbursement by the Municipality for the costs thereof as hereinafter set out. NOW, THEREFORE, it is agreed as follows: CONSTRUCTION 1. The Department shall place provisions in the construction contract for Project 1-5878 Harnett County, for the contractor to adjust and relocate water and sewer lines. The Municipality has requested upsizing utility lines as utility betterments. Said work shall be accomplished in accordance with plan sheets, attached hereto as Exhibit "A", cost estimate attached hereto as Exhibit "B", and project specific provisions, if applicable, attached hereto as Exhibit "C". Agreement ID # 9824 2. The Municipality shall be responsible for water and sewer lines and betterment cost as shown on the attached Exhibit "A". The estimated cost to the Municipality is $260,498 as shown on the attached Exhibit "B". It is understood by both parties that this is an estimated cost and is subject to change. The Municipality shall reimburse the Department for said costs as follows: REIMBURSEMENT TO THE DEPARTMENT— FINAL BILLING 3. The Municipality shall reimburse the Department for said costs as follows: A. Upon completion of the highway work, the Department shall submit an itemized invoice to the Municipality for costs incurred. Billing will be based upon the actual bid prices and actual quantities used. B. Reimbursement shall be made by the Municipality in one final payment within sixty (60) days of said invoice. C. If the Municipality does not pay said invoice within sixty (60) days of the date of the invoice, the Department shall charge interest on any unpaid balance at a variable rate of the prime plus (1 %) in accordance with G.S. 136-27.3. D. Said interest rate shall be set upon final execution of the Agreement by the Department. The Municipality will be notified of the set interest rate by the Department's approval letter upon receipt of the fully executed agreement. E. Any cost incurred due to additional utility work requested by the Municipality after award of the construction contract, shall be solely the responsibility of the Municipality. The Municipality shall reimburse the Department 100% of the additional utility cost. F. In the event the Municipality fails for any reason to pay the Department in accordance with the provisions for payment hereinabove provided, North Carolina General Statute 136-41.3 authorizes the Department to withhold so much of the Municipality's share of funds allocated to said Municipality by North Carolina General Statute, Section 136-41.1, until such time as the Department has received payment in full. Agreement ID # 9824 G. At any time prior to final billing by the Department, the Municipality may prepay any portion of the estimated cost by sending a check with the WBS Element noted to the below address. The Department will provide a final billing based on actual costs, less any previous payments that have been made. REMITTANCE ADDRESS: NC Department of Transportation ATTN: Accounts Receivable 1514 Mail Service Center Raleigh, NC 27699-1514 4. Upon the satisfactory completion of the relocations and adjustments of the utility lines covered under this Agreement, the Municipality shall assume normal maintenance operations to the said utility lines. Upon completion of the construction of the highway project, the Municipality shall release the Department from any and all claims for damages in connection with adjustments made to its utility lines; and, further, the Municipality shall release the Department of any future responsibility for the cost of maintenance to said utility lines. Said releases shall be deemed to be given by the Municipality upon completion of construction of the project and its acceptance by the Department from its contractor unless the Municipality notifies the Department, in writing, to the contrary prior to the Department's acceptance of the project. 5. It is further agreed that the following provisions shall apply regarding the utilities covered in this Agreement. H. The Municipality obligates itself to service and to maintain its facilities to be retained and installed over and along the highway within the Department's right-of-way limits in accordance with the mandate of the North Carolina General Statutes and such other laws, rules, and regulations as have been or may be validly enacted or adopted, now or hereafter. If at any time the Department shall require the removal of or changes in the location of the encroaching facilities which are being relocated at the Municipality's expense, the Municipality binds itself, its successors and assigns, to promptly remove or alter said facilities, in order to conform to the said requirement (if applicable per G.S. 136-27.1), without any cost to the Department. Agreement ID # 9824 6. The other party to this Agreement shall comply with Title VI of the Civil Rights Act of 1964 (Title 49 CFR, Subtitle A, Part 21) and related nondiscrimination authorities. Title VI and related authorities prohibit discrimination on the basis of race, color, national origin, disability, gender, and age in all programs or activities of any recipient of Federal assistance. 7. A copy or facsimile copy of the signature of any party shall be deemed an original with each fully executed copy of the Agreement as binding as an original, and the parties agree that this Agreement can be executed in counterparts, as duplicate originals, with facsimile signatures sufficient to evidence an agreement to be bound by the terms of the Agreement. 8. By Executive Order 24, issued by Governor Perdue, and N.C. G.S.§ 133-32, it is unlawful for any vendor or contractor ( i.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee of the Governor's Cabinet Agencies (i.e., Administration, Commerce, Environmental Quality, Health and Human Services, Information Technology, Military and Veterans Affairs, Natural and Cultural Resources, Public Safety, Revenue, Transportation, and the Office of the Governor). Agreement ID # 9824 14 IN WITNESS WHEREOF, this Agreement has been executed, in duplicate, the day and year heretofore set out, on the part of the Department and the Mu icipality by authority duly given. L.S. ATTEST: CITY OF U N Y: BY: TITLE: ity Clerk TITLE: City Manager DATE: 04/20/2021 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. �.�G�Y OFO&, This instrument has been pre -audited in the manner required by the Local Government Budget and GOAPORA!�c'; Fiscal Control Act. (SEF�1, 1A� •:•�` (FINAN(CCEj\OFFICER) " CXFo `\,` Federal Tax Identification Number 56-6001214 Remittance Address City of Dunn PO Box 1065 Dunn NC 28335 DEPARTMENT OF TRANSPORTATION BY: (CHIEF ENGINEER) DATE: APPROVED BY BOARD OF TRANSPORTATION ITEM O: Agreement ID # 9824 (Date) µ x J city of dune POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 Mayor William P. Elmore Jr. Mayor Pro Tern Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Chuck Turnage (910) 230-3500 a FAX (910) 230-3590 R2021-10 (Attach #11) CityManager www.dunn-nc.org 0411312021 Steven Neuschafer RESOLUTION BY GOVERNING BODY OF APPLICANT WHEREAS, The Federal Clean Water Act Amendments of 1987 and the North Carolina the Water Infrastructure Act of 2005 (NCGS 159G) have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of a wastewater treatment works project and, WHEREAS, The City of Dunn has need for and intends to construct a wastewater treatment works project described as Black River W WTP Improvements for Clarifier Refurbishment, Clarifier Addition, Chlorine Contact Tank Improvements and associated Site Piping and WHEREAS, The City of Dunn intends to request state loan or grant assistance for the project, NOW THEREFORE BE IT RESOLVED, BY THE DUNN CITY COUNCIL: That City of Dunn, the Applicant, will arrange financing for all remaining costs of the project, if approved for a State loan or grant award. That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation, maintenance, and administration of the system and the repayment of all principal and interest on the debt. That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer, upon failure of the City of Dunn to make scheduled repayment of the loan, to withhold from the City of Dunn any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan. That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof. That, William P. Elmore Jr., Mayor and Steven Neuschafer, City Manager, the Authorized Officials, and successors so titled, is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a loan or grant to aid in the construction of the project described above. That the Authorized Official, and successors so titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project: to make the assurances as contained above; and to execute such other documents as may be required in connection with the application. That the Applicant has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto. Adopted this the 13th day of April, 2021 at Dunn, North Carolina. Dr. David L. Bradham Mayor Pro Tern CERTIFICATION BY RECORDING OFFICER The undersigned duly qualified and acting City Clerk of the City of Dunn does hereby certify: That the above/attached resolution is a true and correct copy of the resolution authorizing the filing of an application with the State of North Carolina, as regularly adopted at a legally convened meeting of the Dunn City Council duly held on the 13th day of April, 2021; and, further, that such resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of April, 2021. °°tteune,,� 100 - Y OFF m.,® G G®�POFi�iy�:� SEAL OA\A City Clerk (Title of Recording Officer) city of dunn POST OFFICE BOX 1065 m DUNN, NORTH CAROLINA 28335 (910) 230-3500 o FAX (910) 230-3590 Mayor William P. Elmore Jr. Mayor Pro Tem Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tart Chuck Tumage www.dunn-ne.org R2021-11 (Attach #12)City anaer StevenNeuschafer 04/13/2021 RESOLUTION BY GOVERNING BODY OF APPLICANT WHEREAS, The Federal Clean Water Act Amendments of 1987 and the North Carolina the Water Infrastructure Act of 2005 (NCGS 159G) have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of wastewater collection system project, and WHEREAS, The City of Dunn has need for and intends to construct a wastewater collection system project described as collection system improvements, and WHEREAS, The City of Dunn intends to request state loan assistance for the project, NOW THEREFORE BE IT RESOLVED, BY THE DUNN CITY COUNCIL: That City of Dunn, the Applicant, will arrange financing for all remaining costs of the project, if approved for a State (loan or grant) award. That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation, maintenance, and administration of the system and the repayment of all principal and interest on the debt. That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer, upon failure of the City of Dunn to make scheduled repayment of the loan, to withhold from the City of Dunn any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan. That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof. That William P. Elmore, Jr, Mayor, and Steve Neuschafer, City Manager, the Authorized Officials, and successors so titled, is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a loan to aid in the construction of the project described above. That the Authorized Officials, and successors so titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project: to make the assurances as contained above; and to execute such other documents as may be required in connection with the application. That the Applicant has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto. Adopted this the 13di day of April, 2021 at Dunn, North Carolina. Dr. David L. Bradham, Mayor Pro Tern CERTIFICATION BY RECORDING OFFICER The undersigned duly qualified and acting City Clerk of the City of Dunn does hereby certify: That the above/attached resolution is a true and correct copy of the resolution authorizing the filing of an application with the State of North Carolina, as regularly adopted at a legally convened meeting of the Dunn City Council duly held on the IP day of April 2021; and, further, that such resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this 131h day of April, 2021. B "1111,18"le (®v,. Gj ry of lee ABA\ . .. .. ©� " ®o ® Zp. SEAL P'�AArFB10BU000 City Clerk (Title of Recording Officer) a ,. -' f ti x city of dune POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 < FAX (910) 230-3590 www.dunn-nc.org R2021 (Attach #13) 04/4l13/2021 RESOLUTION BY GOVERNING BODY OF RECIPIENT Mayor William P. Elmore Jr. Mayor Pro Tem Dr. David L. Bradham Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy Tait Chuck Tumage City Manager Steven Neuschafer WHEREAS, the North Carolina General Statutes Chapter 159G has created Merger/Regionalization Feasibility grants to assist eligible units of government with meeting their water infrastructure needs, and WHEREAS, the North Carolina Department of Environmental Quality has offered a State Reserve Grant in the amount of $50,000 to perform a merger/regionalization feasibility study, and WHEREAS, the City of Dunn intends to perform said project in accordance with the agreed scope of work, NOW, THEREFORE, BE IT RESOLVED BY THE DUNN CITY COUNCIL: That the City of Dunn does hereby accept the State Reserve Grant offer of $50,000. That the City of Dunn does hereby give assurance to the North Carolina Department of Environmental Quality that any Conditions or Assurances contained in the Award Offer will be adhered to. That William P. Elmore, Jr, Mayor, and Steven Neuschafer, City Manager successors so titled, are hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project; to make the assurances as contained above; and to execute such other documents as may be required by the Division of Water Infrastructure. Adopted this the 13n' day of April, 2021 at Dunn, North Carolina. q9,®g9A1011r„Or C,\TY OF °°a. C®RPORq J `. David L. Bradham, Mayor Pro Tem ATTEST: SEAL ° `2'0® 4amyMilliai r , City Cleric N C.M C'%' DUNN AlhAraarieaCiq 1 MAere W-Wllff�r wafters 19N9 * 2013 Mayor U.U-.DUNN north earolina William P. Elmore Jr. Tem Mayor until o rnbe Dr. David L. Bradham Council Members J. Wesley Sills city of d u n n F ank McLeanen Billy Tart POST OFFICE BOX 1065 ^ DUNN, NORTH CAROLINA 28335 Chuck Tumage (910) 230-3500 o FAX (910) 230-3590 CiTy Manager www.dunn-nc.org R2021-13 (Attach #14) Steven Neuschafer 04/13/2021 RESOLUTION TO ADOPT AND APPROVE THE SEWER SYSTEM CAPITAL IMPROVEMENT PLAN WHEREAS, the City of Dunn has developed a sewer system in and around the City of Dunn; and WHEREAS, said municipal sewer system is operated and maintained by the City of Dunn; and WHEREAS, the City of Dunn recognizes the need for, and advantage of, maintaining adequate short-term and long-term planning for capital improvements for the sewer system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dunn that the 2021 Capital Improvement Plan is hereby approved; and BE IT FURTHER RESOLVED that the City Council authorizes staff to update the plan as new information becomes available. Adopted this the 13th day of April, 2021. ®�y,yBBIBIPBPP G ..OF�j��,® RPORAr ATTEST:°® LS'E0- I, n„� 8P8898 BtIN64 Ta my Willi s, City Clerk Dr. David L. Bradham, Mayor Pro Tern at71re co7rtmuni maz`ters a C� G i Q E Q m v m 0 C a 0 a El m o m A •:_ M ei Is r ✓" c N � m N O n m O N 2 2 :2 2 � N N o' � o o m N` m m m m m m I,... o m 4 o m m N fV ei O O O N iC3 yF No mmmN'`^N _ o dmJ N O• 6 C) O '.. O O N v R 'u G xo W w E w v c � u m N � O O' = O_ i W C U N O v E � J C V O vYl C1 � w � ,th G �. vI � a �+ ❑ p• vI U C O m m _ Z 0006 N 3 ¢0 H Lj m. a E i i i c i� m. 'v w •� c v a a a 3 N W v W � T my v W •o •o •o ❑.:' m � aoW c o w ..°.Z c n m •O � a m � ei N M d' . D •Q C O N 6 LL O W O Yif ..., ❑❑❑ O y`. Q yr t t L t "'`�. O N L U O U1 N Q U m N N K U G. V v�1P U V U 6 LL W .o. ur R2021-14 (Attach #15) Resolution Approving Financine Terms 04/13/2021 WHEREAS: The City of Dunn, NC (`Borrower") has previously determined to undertake a project for the financing of water & sewer improvements and street drainage (the "Project"), and the Finance Officer has now presented a proposal for the financing of such Project. BE IT THEREFORE RESOLVED, as follows: 1. The Borrower hereby determines to finance the Project through Truist Bank ("Lender") in accordance with the proposal dated April 2, 2021. The amount financed shall not exceed $785,000.00, the annual interest rate (in the absence of default or change in tax status) shall not exceed 2.07%, and the financing term shall not exceed ten (10) years from closing. 2. All financing contracts and all related documents for the closing of the financing (the "Financing Documents") shall be consistent with the foregoing terms. All officers and employees of the Borrower are hereby authorized and directed to execute and deliver any Financing Documents, and to take all such further action as they may consider necessary or desirable, to carry out the financing of the Project as contemplated by the proposal and this resolution. 3. The Finance Officer is hereby authorized and directed to hold executed copies of the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer's satisfaction. The Finance Officer is authorized to approve changes to any Financing Documents previously signed by Borrower officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shall be in such final forms as the Finance Officer shall approve, with the Finance Officer's release of any Financing Document for delivery constituting conclusive evidence of such officer's final approval of the Document's final form. 4. The Borrower shall not take or omit to take any action the taking or omission of which shall cause its interest payments on this financing to be includable in the gross income for federal income fax purposes of the registered owners of the interest payment obligations. The Borrower hereby designates its obligations to make principal and interest payments under the Financing Documents as "qualified tax-exempt obligations" for the purpose of Internal Revenue Code Section 265(b)(3). 5. The Borrower intends that the adoption of this resolution will be a declaration of the Borrower's official intent to reimburse expenditures for the Project that are to be financed from the proceeds of the Lender financing described above. The Borrower intends that funds that have been advanced, or that may be advanced, from the Borrower's general fund or any other Borrower fund related to the Project, for project costs may be reimbursed from the financing proceeds. 6. All prior actions of Borrower officers in furtherance of the purposes of this resolution are hereby ratified, approved and confirmed. All other resolutions (or epjy%Jl)gpeof) in conflict with this resolution are hereby repealed, to the extent of the conflict. This resolution shalest2P�e�gediately. Approved this 13th day of April t z1 000 7-, '°. m . G�LIo � o Bye' Title: Dr. David L. Bradham, Mayor Pro Tem Williams, ; City Clerk SEAL ® ' north caroling UE city of dunn POST OFFICE BOX 1065 - DUNN, NORTH CAROLINA 28335 (910) 230-3500 - FAX (910) 230-3.5cM www.dtmn-nc.org R2021.15 (Attach #16) 04/1312021 RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S.160A-31 Mayor William P. Elmore, Jr. Mayor Pro Tern Dr. David L. Bradham Council Members J. Wesley Sills Frank McLean April Gaulden Billy Tart Chuck Turnage City Manager Steven Neuschater WHEREAS, a petition was received on April 9, 2021 by the Dunn City Council, requesting annexation of a contiguous area described in said petition as 1001 Susan Tart Road and parcels on western margin of Bruce Drive, Dunn NC, PIN # 1506-77-7440.000, 1506-88- 2105.000 and 1506-88-1668.000, owned by Susan Tart Property, LLC; and WHEREAS, G.S. 160A-31 provides that the sufficiency of the petition shall be investigated by the City Clerk before further annexation proceedings may take place; and WHEREAS, the City Council of the City of Dunn, deems it advisable to proceed in response to this request for annexation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dunn that the City Clerk is hereby directed to investigate the sufficiency of the above described petition and to certify as soon as possible to the Dunn City Council the result of the investigation. Adopted this the 13th day of April, 2021. \\fi l Y f if I,, ` 'C\1Y OFF P e ➢r. David L. Bradham ® .•Q)pRP0R'q),,p Mayor Pro Tern Attest: �'°, SEAL ........ .. �ABftPI N\ Tan ny Willia 's, CMC City Cleric DUNN All -America C14 Ml(ere commune' 7na&ers wsv d 2ai3