Attachments 08-10-2021R2021-25 (Attach #1)
08-10-2021
Resolution
North Carolina Governor's Highway Safety Program
LOCAL GOVERNMENTAL RESOLUTION
WHEREAS, the City of Dunn Police Department (herein called the
"Agency")
(The Applicant Agency) Dunn City Council
has completed an application contract for traffic safety funding; and thatDunn
(The Governing Body of the Agency)
(herein called the "Governing Body") has thoroughly considered the problem
identified and has reviewed the project as described in the contract;
THEREFORE, NOW BE IT RESOLVED BY THE Dunn City Council IN OPEN
(Governing Body)
MEETING ASSEMBLED IN THE CITY OF Dunn NORTH CAROLINA,
THIS IOth DAY OF August 2021 , AS FOLLOWS:
1. That the project referenced above is in the best interest of the Governing Body and the general public; and
2. That Chief of Police Clark White is authorized to file, on behalf of the Governing
(Name and Title of Representative)
Body, an application contract in the form prescribed by the Governor's Highway Safety Program for federal
funding in the amount of $ 76,583,50 to be made to the Governing Body to assist in defraying
(Federal Dollar Request)
the cost of the project described in the contract application; and
3. That the Governing Body has formally appropriated the cash contribution of $ 32, 821 .50 as
(Local Cash Appropriation)
required by the project contract; and
4. That the Project Director designated in the application contract shall furnish or make arrangement for other
appropriate persons to furnish such information, data, documents and reports as required by the contract, if
approved, or as may be required by the Governor's Highway Safety Program; and
5. That certified copies of this resolution be included as part of the contract referenced above; and
6. That this resolution shall take effect immediate) pon its adoption.
a0\�� OF I)IJ � DONE AND ORDERED in open meeting by ®m
ATTESTED �U' i w S"'_®L
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Au gust 10, 2021 , .........
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Ordinance Amendment
(OA-04-21)
02021-19 Mttach #3)
08-10-2021
The City of Dunn Code of Ordinances is hereby amended by revising Article 1,
Sec. 20-74. - Utilities.
(a) Storm sewers, sanitary sewers, and water systems shall be designed by a registered engineer and
shall be approved by the city engineer. Storm sewers, sanitary sewers, water mains, and service lines
to each lot and the extension of service lines to the curb or property line shall be installed in accordance
with city specifications and standards. Should private water sewer systems be provided, they shall
meet the requirements of the appropriate state and local authorities.
(b) Except as listed below, all utilities constructed within the municipal boundaries and one (1) mile
extraterritorial area shall be dedicated to the public without charge to the city:
(1) All oversize pipe, water or sewer, above the requirements of a particular subdivision, shall be
paid for by the city.
(2) All tees, valves, or manholes that are installed in any extended water or sewer system over the
requirements of that particular subdivision, which installation is at the city's request, shall be paid
for by the city.
(3) The meter boxes and meter setters shall be paid for by the subdivider with the city providing the
water meter at its current costs plus ten (10) percent.
(4) If the subdivision is to have underground power, then the water and sewer services shall be run
to the property line. The developer shall pay for the extra length of pipe from the curb to the
property line.
(c) Underground Utilities Electrical telecommunication cable television and other utility lines installed
(Code 1974, § 21-24)
Sec. 20-77. - Easements.
Easements shall be provided as follows:
(1) Utility easements. The subdivider shall convey easements to the city for both underground and
overhead utility installation where necessary. Easements shall be at least twenty (20) feet wide and
shall be centered along rear or side lot lines. Wider easements may be required if the topography
along the proposed right-of-way is such that maintenance equipment cannot reasonably operate
within the minimum twenty (20) foot -wide easement.
(2) Drainage easements. Where a subdivision is traversed by a stream or a drainageway, an easement
shall be provided conforming with the lines of such stream. In all cases where the subdivision is
traversed by such a stream, the drainage easement provided shall contain minimum dimensions of
ten (10) feet on the one side and twenty (20) feet on the other side, measured from the bank of the
stream. The easements shall include the stream bed.
(3) Pedestrian easements or walkways. Pedestrian rights -of -way shall be dedicated through the
interior of blocks where the city determines that rights -of -way are needed. Pedestrian rights -of -way
shall be at least eight (8) feet wide.
(4) Recorded ingress and egress easement maintenance agreement. Where easements provide
required access, they shall meet all applicable standards. Ingress and egress easements shall
provide a continued maintenance agreement and shall be approved by the planning director or
designee and recorded with the county register of deeds in a legally valid and binding instrument
Page 2, OA-04-21
(5)
that describes the method of maintenance, who will be responsible for maintenance, and the
properties which the easement access way serves.
by -case basis.
(6) Restrictions or Improvements Utility easements shall be kept free and clear of any building or
(Code 1974, § 21-27; Amend. of 7-6-95; Ord. No. 02009-08, 6-9-09)
Adopted this 101 day of August, 2021.
G2� %William P. Elmore, Jr.
ORATE: Mayor
Attest: _ SEAL
2\tea:
- 09Tti'cA���'`
Tamriny William, CIVIC
City Clerk
R20208 10 2021h #4)
RESOLUTION AUTHORIZING THE APPLICATION AND ENFORCEMENT OF THE
HARNETT COUNTY ORDINANCE FOR THE CIVIL ENFORCEMENT OF NORTH
CAROLINA GENERAL STATUTE § 20-217 IN THE CITY OF DUNN
WHEREAS, pursuant to § 20-217 of the North Carolina General Statues, it is a crime for
the driver of a motor vehicle to fail to stop for a school bus displaying its mechanical stop signal
or flashing red lights and the bus is stopped for the purpose of receiving or discharging passengers;
and
WHEREAS, §153A-246 of the North Carolina General Statutes allows a county to adopt
an ordinance for the civil enforcement of § 20-217 of the North Carolina General Statues by means
of an automated school bus safety camera installed and operated on any school bus located within
that county; and
WHEREAS, on April 5, 2021, the Harnett County Board of Commissioners adopted the
Ordinance for the Civil Enforcement of North Carolina General Statute § 20-217 By Means of an
Automated School Bus Safety Camera Installed and Operated on Any School Bus Within Harnett
County (the "Ordinance"), a copy of which is attached hereto as Exhibit A; and
WHEREAS, pursuant to § 153A-122(a) of the North Carolina General Statutes, an
ordinance adopted pursuant to Article 6 of Chapter § 153A of the North Carolina General Statutes
is applicable to any part of the county not within a municipality; and
WHEREAS, the Harnett County Board of Commissioners desires to enforce the
Ordinance within the city of Dunn to curb violations of § 20-217 of the North Carolina General
Statutes to protect the health and safety of the children of Harnett County as they board and
disembark a school bus; and
WHEREAS, pursuant to § 153A-122(b) of the North Carolina General Statute, the
governing board of a municipality may by resolution permit a county ordinance adopted pursuant
to Article 6 of Chapter § 153A of the North Carolina General Statutes to be applicable within the
municipality; and
WHEREAS, the governing board of the city of Dunn understands the necessity and
importance to use all available legal means to ensure the health and safety of the children of Harnett
County as they board and disembark a school bus; and
WHEREAS, the governing board of the city of Dunn desires to permit the Ordinance to
be applicable within the city of Dunn to curb violations of § 20-217 of the North Carolina General
Statues.
NOW THEREFORE BE IT RESOLVED by the governing board of the city of Dunn,
that the Ordinance for the Civil Enforcement ofNmth Carolina General Statute § 20-217 By Means
of an Automated School Bus Safety Camera Installed and Operated on Any School Bus Within
Harnett County.
BE IT FURTHER RESOLVED that this Resolution shall exist indefinitely unless the
city of Dunn adopts a subsequent resolution withdrawing its permission for application of the
Ordinance within its limits.
Dilly adopted this the 1 Ors day of August, 2021.
CITY OF DUNN
. • • G�. William P. Elmore, Jr.
® :'OORP®(3gp.,�vlayor
SEAL
ATTEST:
//////CAVP
1It I11U6
CMC
City Clerk
AN ORDINANCE FOR THE CIVIL ENFORCEMENT OF NORTH CAROLINA GENERAL
STATUTE § 20-217 BY MEANS OF AN AUTOMATED SCHOOL BUS SAFETY CAMERA
INSTALLED AND OPERATED ON ANY SCHOOL BUS WITHIN HARNETT COUNTY
WHEREAS, pursuant to § 20-217 of the North Carolina General Statues, it is a crime for
the driver of a motor vehicle to fail to stop for a school bus displaying its mechanical stop signal
or flashing red lights and the bus is stopped for the purpose of receiving or discharging
passengers; and
WHEREAS, § 153A-246 of the North Carolina General Statutes allows a county to adopt
an ordinance for the civil enforcement of § 20-217 of the North Carolina General Statues by
means of an automated school bus safety camera installed and operated on any school bus
located within that county; and
WHEREAS, an ordinance adopted pursuant to § 153A-246 of the North Carolina
General Statutes shall not apply to any violation of § 20-217 of the North Carolina General
Statues that results in injury or death; and
WHEREAS, the Harnett County Board of Commissioners understands the necessity and
importance to use all available legal means to ensure the health and safety of the children of
Harnett County as they board and disembark a school bus; and
WHEREAS, in an effort to curb violations of § 20-217 of the North Carolina General
Statues, the Harnett County Board of Commissioners desires to adopt an ordinance pursuant to §
153A-246 of the North Carolina General Statutes for the civil enforcement of G.S. § 20-217 by
means of an automated school bus safety camera installed and operated on any bus located
within Harnett County.
NOW THEREFORE BE IT ORDAINED by the Harnett County Board of
Commissioners, the following ordinance is hereby adopted:
Section 1. Notice of Violation
A. The notice of violation shall be given in the form of a citation and shall be received
by the registered owner of the vehicle no more than 60 days after the date of the
violation.
B. The citation shall include all of the following:
1) The date and time of the violation, the location of the violation, the amount of
the civil monetary penalty imposed, and the date by which the civil monetary
penalty shall be paid or contested,
2) An image taken from the recorded image showing the vehicle involved in the
violation
3) A copy of the statement or electronically generated affirtnation from a Harnett
County Sheriff's Office deputy or a law enforcement officer employed by a
law enforcement agency with whom an agreement has been reached with the
County pursuant to G,S, 11 5C-242. I (c) stating that, based upon inspection of
the recorded images, the owner's motor vehicle was operated in violation of
this Ordinance.
4) Instructions explaining the manner in which, and the time within which,
liability under the citation may be contested pursuant to Section 3 of this
Ordinance.
5) A warning that failure to pay the civil monetary penalty or to contest liability
in a timely manner shall waive any right to contest liability and shall result in
a late penalty of one hundred dollars ($100.00), in addition to the civil
monetary penalty.
6) In citations issued to the registered owner of the vehicle, a warning that failure
to pay the civil monetary penalty or to contest liability in a timely manner
shall result in refusal by the Division of Motor Vehicles to register the motor
vehicle, in addition to imposition of the civil monetary penalty and late
penalty.
C. The citation shall be processed by officials or agents of the County and shall be
served by any method permitted for service of process pursuant to G.S. IA-1, Rule 4
of the North Carolina Rules of Civil Procedure, or by first-class mail to the address of
the registered owner of the vehicle provided on the motor vehicle registration, or, as
applicable, to the address of the person identified in an affidavit submitted by the
registered owner of the vehicle.
D. The registered owner of a vehicle shall be responsible for a violation unless the
vehicle was, at the time of the violation, in the care, custody, or control of another
person or unless the citation was not received by the registered owner within 60 days
after the date of the violation. If the registered owner provides an affidavit that the
vehicle was, at the time of the violation, in the care, custody, or control of another
person or company, the identified person or company may be issued a citation
complying the requirements of Section 1(B) of this Ordinance.
Section 2. Penalties
A. Violations of this Ordinance shall be deemed a noncriminal violation for which a civil
penalty shall be assessed and for which no points authorized by G.S. 20-16(c) and no
insurance points authorized by G.S. 58-36-65 shall be assigned to the registered
owner or driver of the vehicle.
B. The amount of the civil penalty shall be the following:
1) First Offense: Four Hundred Dollars ($400.00)
2) Second Offense: Seven Hundred Fifty Dollars ($750.00)
3) All Subsequent Offenses: One Thousand Dollars ($1000.00)
C. If a citation is not contested pursuant to Section 3(A) of this Ordinance, the civil
penalty shall be paid by the citation recipient within 30 days after receipt of the
citation. If the citation recipient fails either to pay the civil penalty or to request a
hearing to contest the citation in accordance with Section 3(A) of this Ordinance
within 30 days after receipt of the citation, the citation recipient shall have waived the
right to contest responsibility for the violation and shall be subject to a late penalty of
one hundred dollars ($100.00) in addition to the civil penalty assessed under this
Section.
D. If the citation is contested pursuant to Section 3(A) of this Ordinance and the decision
is adverse to the person contesting the citation, the civil penalty shall be paid within
30 days after receipt of the adverse decision, unless the citation recipient appeals the
adverse decision pursuant to Section 3(D) of this Ordinance. If the adverse decision is
appealed, and if the final decision on appeal is adverse to the citation recipient, then
payment of the civil penalty is due within 30 days after the citation recipient receives
notice of the final adverse decision on appeal.
E. If the registered owner of a motor vehicle who receives a citation fails to pay the civil
penalty when due, the North Carolina Division of Motor Vehicles shall refuse to
register the motor vehicle for the owner in accordance with G.S. 20-54(11). The
County may establish procedures for providing notice to the Division of Motor
Vehicles and for the collection of these penalties and may enforce the penalties by
civil action in the nature of debt.
Section 3. Appeals
A. A person wishing to contest a citation shall, within 30 days after receiving the
citation, deliver to the officials or agents of the County a written request for a hearing
accompanied by an affidavit stating the basis for contesting the citation, including, as
applicable:
1) The name and address of the person other than the registered owner who had
the care, custody, or control of the vehicle.
2) A statement that the vehicle involved was stolen at the time of the violation,
with a copy of any insurance report or police report supporting this statement.
3) A statement that the citation was not received within 60 days after the date of
the violation, and a statement of the date on which the citation was received.
4) A copy of a criminal pleading charging the person with a violation of G.S. 20-
217 arising out of the same facts as those for which the citation was issued.
B. If the person to whom a citation is issued makes a timely request for a hearing under
Section 3(a), a summons shall be issued by any method permitted for service of
process pursuant to G.S. 1 A-1 Rule 4 of the North Carolina Rules of Civil Procedure,
directing the person to appear at a place and time specified in the summons in order to
contest the citation at an administrative hearing.
C. A nonjudicial administrative hearing shall be conducted by an administrative appeals
board established by the County for contested citations or penalties issued or assessed
under this Ordinance. The decision on a contested citation shall be rendered in writing
within five days after the hearing and shall be served upon the person contesting the
citation by any method permitted for service of process pursuant to G.S. I A-1, Rule 4
of the North Carolina Rules of Civil Procedure. If the decision is adverse to the
person contesting the citation, the decision shall contain instructions explaining the
manner and the time within which the decision may be appealed pursuant to Section
3(D) of this Ordinance.
D. A person may appeal an adverse decision of the administrative appeals board to the
Harnett County, North Carolina District Court by filing a notice of appeal with the
Harnett County Clerk of Superior Court. Enforcement of an adverse decision shall be
stayed pending the outcome of a timely appeal. Except as otherwise provided in this
Section, appeals shall be in accordance with the procedure set forth in Article 19 of
Chapter 7A of the General Statutes applicable to appeals from the magistrate to the
district court. For purposes of calculating the time within which any action must be
taken to meet procedural requirements of the appeal, the date upon which the person
contesting the citation is served with the adverse decision shall be deemed the date of
entry of judgment.
Section 4. Criminal Pleadines
A. In the event a person is charged in a criminal pleading with a violation of G.S. 20-
217, all of the following shall apply:
1) The charging law enforcement officer shall provide written notice containing
the name and address of the person charged with a violation of G.S. 20-217
and the date of violation to the Harnett County Sheriff s Office or the law
enforcement agency with whom the County has entered an agreement
pursuant to G.S. 115C-242.1(c) to affirm a violation of this Ordinance.
2) After receiving notice that a person has been charged with a violation of G.S.
20-217, the County or a private vendor contracted with under G.S. 1I5C-
242.1 to process the civil citations shall not issue a civil citation imposing a
civil penalty against that person arising out of the same facts as those for
which the person was charged in the criminal pleading.
3) The County or a private vendor contracted with under G.S. 115C-242.1 to
process the civil citations shall issue a full refund of any civil penalty payment
received from a person who was charged in a criminal pleading with a
violation of G.S. 20-217 if the civil penalty arose out of the same facts as
those for which that person was charged in the criminal pleading, together
with interest at the legal rate as provided by G.S. 24-1 from the date the
penalty was paid until the date of the refund.
B. The County shall provide each law enforcement agency within its jurisdiction with
the name and address of the County official or other law enforcement official
employed by a law enforcement agency with whom the County has entered an
agreement pursuant to G.S. 11 5C-242.1 (c) to affirm a violation of this Ordinance to
whom written notice of persons charged with a violation of G.S. 20-217 should be
given pursuant to Section 4(A) of this Ordinance.
Section 5. Effective Date.
This ordinance shall be effective upon its adoption.
Adopted this the P day of April, 2021.
THE HAR TT OUNTY COMMISSIONERS
W. Brooks Matthews, Chairman
MEMORANDUM OF UNDERSTANDING Attachment #5
10-2021
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this
day of 1 2021, by and between the City of Dunn, North Carolina, a
municipal corporation ("Dunn"), and the Town of Four Oaks, North Carolina, a municipal
corporation ("Four Oaks"). Each of Dunn and Four Oaks may be referred to as a "Party" or
collectively as the "Parties.
WITNESSETH:
WHEREAS, the City of Dunn is located in Harnett County, North Carolina and Town of
Four Oaks is located in Johnston County, North Carolina and all of them are located on Interstate
95 ("I-95") and are either on or in close proximity to Interstate 40 ("I-40"); and
WHEREAS, each of Dunn and Four Oaks recognize the value and importance of
economic development through the recruitment of new industries and encouraging the expansion
existing industries to provide jobs for their residents and to add to the tax base of their
municipalities to enable them to provide services to their citizens; and
WHEREAS, Dunn and Four Oaks have identified the municipal limits, as well as each of
their extraterritorial jurisdiction (the "Alliance Corridor") in which the recruitment and location of
industry will be mutually beneficial to both of Dunn and Four Oaks and their citizens; and
WHEREAS, Dunn and Four Oaks have determined that each of their economic
development recruitment and activities will be enhanced and strengthened by forming a 501(c)(3)
non-profit North Carolina corporation for purposes of recruiting industries and promoting
economic development within the Alliance Corridor to be named the I-95/I-40 Crossroad of
America Economic Development Alliance, Inc. (the "Alliance"), on the terns set forth in this
MOU; and
WHEREAS, Dunn and Four Oaks desire to provide funding and resources to support the
mission and operations of the Alliance and to provide contributions to each of the municipalities
for property tax revenues resulting from the industrial recruitment by the Alliance for industries
that locate within the municipal districts of Dunn or Four Oaks as hereinafter set forth; and
WHEREAS, Dunn and Four Oaks desire to enter into this MOU to express their
understandings with respect to the foregoing;
NOW, THEREFORE, 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 Parties have the following understandings:
1. Preambles. The preambles to this MOU are incorporated herein by reference.
2. Formation of the Alliance. Dunn and Four Oaks approve of the formation of the
Alliance, as hereinafter set forth.
A. Articles of Incorporation. Articles of Incorporation have previously been filed
with the North Carolina Secretary of State on April 28, 2021, a copy of which is attached hereto
as Exhibit A, attached hereto and incorporated herein by reference (the "Articles"). The Articles
shall be amended to remove all references to the Town of Benson and to name a new registered
office and registered agent as directed by the Board. Dunn and Four Oaks approve the Articles.
B. Board of Directors.
(i) Voting Members. The initial members of Board of Directors of the
Alliance ("Board") shall consist of eight (8) voting members. Each of Dunn and Four Oaks shall
select four (4) members for the Board. One Board member to be selected by each of Dunn and
Four Oaks shall be a member of the town or city council as applicable and the remaining three (3)
members to be selected shall be private citizens. The Board members to be designated by each of
Dunn and Four Oaks shall be designated within forty-five (45) days of the approval and execution
of this MOU by all parties. The members of the Board that are private citizens shall be selected by
each of Dunn and Four Oaks from applications received by each town or city council as applicable.
(ii) Ex-Offrcio Members. The mayor of each Dunn and Four Oaks shall be
designed as ex-officio, non -voting members of the Board. The cut -rent mayors of Dunn and Four
Oaks, being William P. Elmore, Jr. and Linwood Parker, shall serve as ex-officio non -voting
members for three (3) years following the formation of the Alliance, even if they are no longer
serving as mayor of their respective town or city during this time period to promote continuity of
the Alliance. The town or city manager for each of Dunn and Four Oaks shall serve as ex-officio,
non -voting members of the Board. Upon formation and organization, the Board may elect to have
other ex-officio, non -voting members as determined by the Board.
C. By -Laws. The initial Board shall be presented with proposed by-laws in the
form of Exhibit B attached hereto and incorporated herein by reference for their consideration.
However, Dunn and Four Oaks understand and acknowledge that the Alliance is a private non-
profit corporation and the Board may amend or alter the proposed by-laws in their discretion.
D. Members. The Alliance will not have members.
E. 501(c)(3) Application. Once the Board has adopted by-laws, elected officers and
taken such other actions as are necessary to perfect the incorporation of the Alliance, Four Oaks
shall be responsible for submitting a Form 1023 or other necessary application or documentation
to the United State Internal Revenue Service and processing the same to have the Alliance
approved as a 501(c)(3) non-profit corporation pursuant to the Internal Revenue Code.
3. Contributions to the Alliance.
Dunn and Four Oaks recognize that initial funding for the operations of the Alliance will
be required from each of them. The parties expect the Alliance to seek funding from other sources,
including, but not limited to the State of North Carolina, Harnett and Johnston Counties and private
businesses and industries. The parties further expect the Alliance shall eventually become self-
sustaining as a result of contributions to be made by each of them from property tax revenues that
result from the economic recruitment efforts of the Alliance, as hereinafter set forth. The parties
believe that it is in their best interests to provide funding for the Alliance until it is self-sustaining
from other revenue source.
Within forty-five (45) days after perfecting the incorporation of the Alliance and
submitting the 501(c)(3) Application as set forth above, each of Dunn and Four Oaks agree to
contribute to the Alliance fifty thousand dollars ($50,000.00) (the "Initial Contribution"). The
Alliance shall use the Initial Contribution as determined by the Board, to include, but not be limited
to hiring an executive director and expenses associated therewith.
Dunn and Four Oaks agree to make annual future contributions of fifty thousand dollars
($50,000.00) per fiscal year for a period of two (2) years following the Initial Contribution.
4. Facilities for Alliance.
Dunn agrees that it shall provide office and conference room facilities for the operations of
the Alliance immediately after formation for Board meetings and for staff hired by the Alliance.
These facilities shall contain approximately ( square feet and shall be
located at located at , Dunn, North Carolina 28334 and are
more particularly shown on Exhibit C, attached hereto and incorporated herein by reference (the
"Facilities"), Included in the Facilities are the following utilities: water, electricity, internet and
telephone. The Alliance shall be responsible for any other utilities as approved by the Board.
Dunn shall not charge rent or any other fee to the Alliance for the use of the Facilities or included
utilities during the fast twelve (12) months of the Alliance's operations. After the first twelve (12)
months of operations the Alliance and Dunn may agree to mutually acceptable terms for the
continued use of the Facilities.
If mutually agreed by the Alliance and Dunn, the Alliance may relocate to other facilities
provided by Dunn. The Alliance shall have sole discretion to relocate, at any time, to other
facilities not owned by Dunn, as determined by the Board.
5. Alliance Corridor and Industrial Recruitment.
A. The purpose for the Alliance shall be for the recruitment of manufacturing,
industrial, retail and other business to locate in the Alliance Corridor or for businesses already
located within the Alliance Corridor to expand their operations to create jobs and tax base for
Dunn, Four Oaks, Harnett and Johnston Counties. Dunn and Four Oaks acknowledge that
substantial portions of the Alliance Corridor are not located in any of their municipal districts,
however, each of them agree that the location or expansion of businesses anywhere in the Alliance
Corridor is beneficial to their citizens.
B. The Alliance shall be eligible to assist in the recruitment of all types of businesses.
However, for purposes of sharing of property tax revenues by Dumi and Four Oaks, as hereinafter
set forth, the types of business shall be limited to manufacturing, distribution, call centers and
similar type businesses. This shall not include retail or office facilities that are not directly related
to associated manufacturing, distribution facilities, call center and similar type businesses. If a
recruited business has a blend of retail with manufacturing or distribution (for example the Rooms
to Go located in the City of Dunn), then it shall be considered as a distribution center. The types
of recruited businesses that are eligible for sharing of property taxes revenues shall be referred to
as an "Eligible Target."
C. In the event the Alliance is Directly Involved in the recruitment of an Eligible
Target resulting in the Eligible Target purchasing or leasing real property located in the Alliance
Corridor, it shall be referred to as a "New Industry." "Directly Involved" shall mean the Alliance
had substantial direct contact with the Eligible Target prior to their decision to locate in the
Alliance Corridor, whether in person, by phone, email or other electronic methods. General
marketing campaigns or marketing campaigns that are directed toward specific industries, but not
to a specific company shall not be considered as Directly Involved.
6. Property Taxes Associated with New Industry.
A. "Property Taxes" for purposes of this MOU shall mean all ad valorem or property
taxes, whether for real or personal property, received by any of Dunn or Four Oaks as a result of a
New Industry. In determining Property Taxes Dunn and Four Oaks shall take in consideration any
incentives provided to the New Industry that involve a rebate of property taxes. For purposes of
illustration only, if a New Industry locates within the municipal limits of Four Oaks that generates
annual property taxes for both real and personal property in the amount of $100,000.00, but Four
Oaks agreed, as an incentive to the New Industry to rebate eighty percent (80%) of property taxes
per year, for a period of five (5) years, then the calculated Property Taxes for purposes of this
MOU would be $20,000.00 for each of the first five (5) years after the New Industry became
subject to property taxes.
B. Contribution to the Alliance. For each New Industry, Dunn and Four Oaks agree,
to contribute twenty percent (20%) of the Property Taxes received by any of them to the Alliance
for a period of seven (7) years, so long as the Alliance is in existence and has not been dissolved.
This contribution shall be in addition to and not in substitution of the contributions required by
Section 3.
C. Contribution to Other Parties. For each New Industry, Dunn and Four Oaks agree,
to contribute twenty percent (20%) of the Property Taxes received by either of them to the other
Party for a period of seven (7) years.
D. Illustration. For purposes of illustration only, if a New Industry locates in Four
Oaks, resulting in Property Taxes of $100,000.00 per fiscal year, then Four Oaks shall contribute
$20,000.00 per fiscal year to each of the Alliance and Dunn and Four Oaks for the number of fiscal
years set forth in paragraphs B. and C. above.
7. Dissolution of Alliance. If the Board of Directors of the Alliance votes to
dissolve, after paying all remaining outstanding liabilities of the Alliance, any remaining funds, if
any, shall be distributed equally to Dunn and Four Oaks. This agreed distribution was included in
the Articles.
8. Relationship of the Parties. Nothing contained in the MOU shall be deemed to
create a partnership, joint venture or any other legal relationship between the Parties. The purpose
of the MOU is to express the understandings of the Parties regarding the formation and creation
of the Alliance, the Alliance Corridor, funding and support of the Alliance and the commitment of
the Parties regarding Property Taxes.
9. Industrial Recruitment by the Parties. The Parties recognize the value and
benefit of economic development and industrial recruitment through the Alliance and other county,
regional and state economic development governmental agencies and private organizations. It is
for this purpose the Parties enter this MOU. All parties agree to refer Eligible Targets to the
Alliance for the Alliance's assistance in recruiting the Eligible Target. Notwithstanding the
foregoing, nothing contained in this MOU shall prohibit any Party from marketing their
municipality for economic development or engaging in recruitment of businesses and industries to
locate in their municipality. The parties further acknowledge that the Alliance may be Directly
Involved in recruiting business and industry that elect to locate in areas outside of the Alliance
Corridor, whether within or outside of the municipal boundaries of any Party.
10. Preparation of MOU and Formation of Alliance.
A. The Parties agree that P. Tilghman Pope and Pope Law Group, P.A. (collectively
"Pope Law") will prepare the MOU to set forth the understandings of the Parties and to perform
the necessary legal work to incorporate the Alliance and related legal work to include the
preparation of bylaws and organizational minutes. The Parties agree that Pope Law will invoice
and be paid by the Alliance for these services.
B. The Parties acicrrowledge that Pope Law is legal counsel for Dunn and the
performance of the legal services as set forth above is or could be a conflict of interest under the
North Carolina Rules of Professional Conduct, including, but not limited to Rule 1.7. The Parties,
by their approval of this MOU and execution by their duly authorized representative, waive any
and all current or future conflicts of interest, if any, related to the services already provided or to
be provided by Pope Law as set forth above.
C. Four Oaks acknowledges that it has been represented by independent legal counsel
in connection with the agreements and understandings set forth in this MOU, separate from Pope
Law. Four Oaks acknowledges that it has had the opportunity to and has consulted with and
obtained the advice of its own separate legal counsel and any other advisors it has deemed
advisable in connection with all matters set forth in this MOU.
D. Nothing contained in this MOU shall prevent or prohibit Pope Law from providing,
now, or in the future, legal representation to Dunn, whether or not such representation relates to
any matter set forth in this MOU and all Parties hereby consent to any current or future
representation and waive any present for future conflicts of interest, if any, associated with or
related to such representation.
11. Entire Agreement. This MOU constitutes the entire agreements and
understandings among the Parties with respect to the matters contemplated by this Agreement and
supersedes any prior understandings, agreements, or representations by or among the Parties,
written or oral, to the extent they relate in any way to the matters contemplated by this Agreement.
12. Counterparts. This MOU may be executed in one or more counterparts (including
by means of facsimile or other electronic transmission), each of which shall be deemed an original
but all of which together shall constitute one and the same instrument. A signed copy of this MOU
delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have
the same legal effect as delivery of an original signed copy of this Agreement.
13. Headings. The section headings contained in this MOU are inserted for
convenience only and shall not affect in any way the meaning or interpretation of this MOU.
14. Governing Law. This MOU shall be governed by and construed in accordance
with the laws of the State of North Carolina.
15. Amendments and Waivers. No amendment of any provision of this MOU shall
be valid unless the same shall be in writing and signed by the Mayors of both Parties after approval
by the City or Town Council of each Party. No waiver by any Party of any provision of this MOU
shall be valid unless the same shall be in writing and signed by the Party making such waiver.
16. Severability. Any term or provision of this MOU that is invalid or unenforceable
in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining
terms and provisions hereof or the validity or enforceability of the offending term or provision in
any other situation or in any other jurisdiction.
17. Construction. The Parties have participated jointly in the negotiation and drafting
of this MOU. In the event an ambiguity or question of intent or interpretation arises, this MOU
shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall
arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this
MOU.
18. Incorporation of Exhibits. The Exhibits identified in this MOU are incorporated
herein by reference and made a part hereof.
Remainder of Page Left Blank Intentionally
Signature Pages to Follow
IN WITNESS WHEREOF, this MOU has been approved by the City Council for the City
of Dunn as of 10 ',),-DI and is executed by its Mayor and City Clerk with
authority duly given and as an act of the City of Dunn.
CITY OF DUNN
``ttttt0.
uuettire, � .�.,k"
�QaRAl William P. Elmore, Jr.
O e NSiyor
® SEMI
O
ATTEST: ";�GQ •......•• °®�;
Tammy Willia s
City Clerk
IN WITNESS WHEREOF, this MOU has been approved by the Town Council for the
Town of Four Oaks as of and is executed by its Mayor and Town Clerk
with authority duly given and as an act of the'rown of Four Oaks.
TOWN OF FOUR OAFS
By: ..
Linw�r
Mayor
ATTEST:
ti
Marta Garris
Town Clerk
Exhibit A
SEE ATTACHED ALLIANCE ARTICLES OF INCORPORATION
Exhibit B
SEE ATTACHED PROPOSED BYLAWS
FOR
I-95/I-40 CROSSROADS OF AMERICA ECONOMIC DEVELOPMENT ALLIANCE,
INC.
Exhibit C
SEE ATTACHED DIAGRAM AND DEPICTION
OF
ALLIANCE FACILITIES
BY-LAWS
OF THE
I-95/I-40 Crossroads of America Economic
Development Alliance, Inc.
ARTICLE I
Name
The name of this organization shall be I-95/I-40 Crossroads of America Economic Development
Alliance, Inc. ("Corporation")
ARTICLE II
Offices
The principal office of the Corporation shall be located in Harnett County, and may establish other
office(s) within Johnston County as the Board of Directors may designate, or as the business of
the Corporation may require from time to time.
The registered office of the Corporation shall be maintained in the State of North Carolina
according to provisions under Article 5, of NC General Statute 55A-5-01, Registered Office and
Registered Agent, and shall be identical with the principal office of the Corporation. The address
may be changed from time to time by the Corporation as deemed necessary to operate effectively.
ARTICLE III
Organization
The Corporation is a non — profit corporation established and operated in accordance with the
provisions of 26 U.S.C. ("Internal Revenue Code") and Section 501(c)(3) of the Internal Revenue
Code of 1986 (or corresponding provisions of any future Internal Revenue code provision) and the
regulations thereunder, and NC General Statutes, Chapter 55A, North Carolina Nonprofit
Corporation Act.
ARTICLE IV
Purposes
The purposes for which the Corporation is established and shall operate are as follows.
The Corporation is organized and operated exclusively for the purpose of lessening the
burdens of the Town and City governments along the North Carolina Interstate 95 Corridor
consisting of the municipal limits and extraterritorial jurisdictions of the Town of Four
Oaks and City of Dunn ("Corridor"), , by (i) encouraging, enhancing, and fostering
economic development in the Corridor region, (ii) assisting in the formulation, promotion,
and support of programs designed to encourage, enhance and foster economic development
within the Corridor region, and (iii) engaging in any and all lawful activities necessary or
incident to the foregoing purposes including the following activities:
(a) To ensure that all economic development programs are properly focused and directed;
(b) To develop and implement both short and long — range economic development
marketing plans and strategies for the region;
(c) To secure adequate public and private sector funding for the economic development
programs;
(d) To be directly accountable to the governmental funding units for the expenditure of
public appropriations;
(e) To set and implement a program of action;
(f) To establish annual operating budgets and oversee the collection and expenditure of all
funds;
(g) To organize committees and task forces to implement specific economic development
marketing programs and activities or to oversee other organizational objectives; and
(h) To undertake any and all lawful activities necessary or incident to the foregoing
purposes, except as limited in the Corporation's Articles of Incorporation.
2. The Corporation is organized and shall operate exclusively for the aforesaid purposes,
provided, however, that an activity shall not be engaged in if such activity would jeopardize
the federal income tax exemption under Section 501(c)(3) of the Internal Revenue Code.
ARTICLE V
Finances
The Corporation shall raise funds by collection and receipt of gifts of money, property, grants,
contributions, donations, bequests, receipts, and fees for services; provided, however, all such
funds must be accepted by the Board of Directors or officers of the Corporation.
All funds collected and received by the Corporation, together with the income therefrom, shall be
held, retained, managed and conserved in funds and administered, used and applied by the
Corporation in the sole discretion of the Board of Directors in accordance with the purposes
described in Article IV and Article VI of these By -Laws and the Corporation's Articles of
Incorporation. The Board of Directors may accept revenues and properties which are qualified,
limited or restricted in their use; provided, however, such qualifications, conditions, limitations
and/or restrictions shall not conflict with the purposes of the Corporation set forth in Article IV of
these By -Laws and the Corporation's Articles of Incorporation. Unless otherwise specifically
required, such restricted revenues and/or property may be mingled with other funds of the
Corporation.
2
ARTICLE VI
Application and Use of Funds
Revenues received by the Corporation shall be held in an account or accounts in the name of the
Corporation in such locations) as may be designated by the Board of Directors. The Corporation
shall hold, manage, invest, and reinvest its funds in accordance with the investment policies of the
Corporation and shall collect and receive the income therefrom. After deducting all necessary
expenses incident to the operation and administration of the Corporation, such funds shall be
utilized in accordance with the purposes set forth in these By -Laws and the Corporation's Articles
of Incorporation. The Board of Directors may establish a committee within itself for the purpose
of supervising and managing investments. All such revenues received and held by the Corporation
shall be distributed to such persons and in such amounts as the Board of Directors shall deem
appropriate, in keeping with the purposes of the Corporation.
The Corporation shall be the sole entity or person responsible for the application and use of its
assets, including payment of its expenses in accordance with such operating guidelines as may be
established by the Board of Directors; and it shall operate as an independent and autonomous entity
for the purposes of meeting its financial obligations.
ARTICLE VII
Members
The Corporation shall have no members.
ARTICLE VIII
Board of Directors
Section 1. General Powers. The business and affairs of the Corporation shall be managed
under the direction of its Board of Directors.
Section 2. Number, Tenure, and Qualifications. The initial Directors of the Corporation
shall be those persons designed by the Town of Four Oaks and City of Dunn. Each Director shall
hold office until his/her successor shall have been elected and qualified or until his/her earlier
resignation, removal from office, death or incapacity. The Corporation shall be managed by a
Board of Directors of not less than eight (8) persons consisting of four (4) members selected by
each of the City of Dunn and Town of Four Oaks, comprised of one (1) "public sector" Director,
who shall be a member of the Town or City Council as applicable, and three (3) "private sector"
Directors, who shall be private citizens, to include the President of the Corporation. The foregoing
Directors shall be voting Directors as set forth below:
(a) Initial Directors and Qualifications:
3
(b) Terms:
(i)
four (4) year term:
The following members of the initial Board of Director shall have an initial
The following members of the initial Board of Directors shall have an initial
, and
two (2) year term: ,
and
(ii). Except for the initial terms as set forth above, each director shall be elected
for a term of two (2) years. Directors shall be elected in the month of August.
(c) Qualifications: Members of the Board of Directors should be persons of good character
willing to devote the necessary amount of time to the duties of a director to carry out the purposes
of the Corporation.
Section 3. Elections. Elections shall be held during the regular meeting of the Board of
Directors for August of each year for any Director position whose term is expiring. If a Director
is from the "public sector" the applicable Town or City Council shall select the Director for such
position at their regular July meeting, with the term beginning at the expiration of the current
"public sector" Director's term. If the term of a "private sector" Director is expiring, the
applicable Town or City Council that originally appointed the "private sector" Director shall select
the Director for such position at their regular July meeting, with the term beginning at the
expiration of the current "private sector" Director's term.
Section 4. Regular Meetings. The Board of Directors may provide, by resolution, the time
and place, either within or without the State of North Carolina, for the holding of regular meetings.
Section 5. Special Meetings. Special meetings of the Board of Directors may be held at any
time and place upon the call of the Chairman of the Board of Directors ("Chair") or of any three
(3) Directors.
Section 6. Notice. Notice of that time, date and place of any special meeting shall be given
at least two (2) days previously thereto. Such notice shall be given in writing unless oral notice is
reasonable under the circumstances. Notice may be communicated in person, by telephone, or
other form(s) of wire or wireless communication or by mail or private carrier or any other lawful
means. A Director's attendance at or participation in a meeting shall constitute a waiver of notice
of such meeting, unless the Director at the beginning of the meeting (or promptly upon his/her
arrival) objects to holding the meeting or transacting business at the meeting and does not
thereafter vote for or assent to action taken at the meeting. Notice of an adjourned meeting need
not be given if the time and place are fixed at the meeting adj ourning.
Section 7. Quorum. Majority of the number of the voting members of the Board of
Directors fixed as provided in Section 2 of this Article VIII shall constitute a quorum for the
transaction of business at any meeting of the Board of Directors, but if less than such majority is
present at a meeting, a majority of the Board of Directors present may adjourn the meeting from
time to time without further notice.
0
Section 8. Manner of Acting. The act of the majority of the Board of Directors present at a
meeting at which a quorum is present shall be the act of the Board of Directors, except as otherwise
provided in these By -Laws.
Section 9. Vacancies. Except as otherwise required by law, or the Corporation's Articles
of Incorporation, any vacancy occurring on the Board of Directors may be filled by the respective
member who appointed the position initially. A Director elected to fill a vacancy shall hold office
until a successor shall be elected and qualified.
Section 10. Informal Action by Directors. Action required or permitted to be taken at a
meeting of the Board of Directors may be taken without a meeting if the action is assented to by
all members of the Board of Directors.
Section 11. Order of Business. For each meeting of the Board of Directors, the Chair shall
set the agenda, which may include the following items, as appropriate, as well as others as the
Chair deems appropriate:
1. Reading and approval of any unapproved minutes
2. Reports of officers (committee reports)
3. Financial Report
4. Marketing activity report
5. Unfinished business
6. New business
7. Executive session
8. Adjournment
Section 12. Committees. The Chair and Vice Chair then in office may create one or more
committees of the Board of Directors and appoint members of the Board of Directors to serve on
them. Each committee must have three (3) or more members. Between meetings of the Board of
Directors and subject to such limitations as may be required by law, the Corporation's Articles of
Incorporation, these By -Laws or imposed by resolution of the Board of Directors, such committees
may exercise such authority of the Board of Directors in the management of the Corporation as
may be delegated to such committee by the Board of Directors or these By -Laws.
Meetings of the committees may be held at any time on call of the Chair or of any member of the
committee. A majority of the members of any committee shall constitute a quorum for all meetings.
Conunittees shall keep minutes of their proceedings and submit them to the next meeting of the
Board of Directors for approval.
Section 13. Ex-Officio Directors. In addition to the Directors serving under the provisions
of Article VII, Section 2, Paragraphs (a) there shall be ex-officio members of the Board. Such ex-
officio members shall be the Mayor of each of the Town of Four Oaks and City of Dunn, the
Town Manager from each of the Town of Four Oaks and the City Manager. Such ex-officio
members shall serve as long as they hold the positions of Mayor or Town Manager or City Manager
as applicable. Current Mayors William P. Elmore, Jr. and Linwood Parker from each of the City
of Dunn and Town of Four Oaks shall serve as ex-officio members for a period of three (3) years,
even if they are no longer serving as Mayor of their respective Town or City to promote continuity
of the Corporation. Ex-officio members of the Board shall have all rights and privileges of a
Director of the Corporation, save the right to vote on questions. There shall be as many ex-officio
members as shall from time to time be determined by the Board.
Section 14. Voting Rights, Attendance, Proxies. Consistent attendance at Board meetings
is recognized as critical to the success of the Corporation and to the implementation of all policies
and programs. To promote attendance, the following provisions are made:
(a) The members of the Board holding public office may designate others from
their respective town organization to attend Board meetings, either as
representatives of their organization in the Board member's absence or as
additional representatives for the purpose of coordination and communication.
However, such designees shall not have the authority to cast the vote of the
Director in his/her absence.
ARTICLE IX
Officers and Staff
Section 1. Designating Officers. The Officers of the Corporation shall be the Chair, the
Vice Chair, Treasurer, and Secretary, all of whom, beginning in the term commencing on their
election and shall serve for a two (2) year term and until such time as their successors are duly
elected and qualified. The President shall also be an officer of the Corporation.
Section 2. Duties of Officers.
(a) Chair: The Chair shall serve as the Chair of the Board of Directors and shall
preside at all meetings of the Board of Directors. The Chair shall determine
committee chairs and assist in the selection of committee personnel.
(b) Vice Chair: The Vice Chair shall exercise the powers and authority and
perform the duties of the Chair in the absence or disability of the Chair.
(c) Treasurer: The Treasurer is responsible for the monitoring of receipts and
disbursements of all funds by the Corporation. The Treasurer shall cause
quarterly reports to be submitted to the Board and cause an annual audit of
finances to be conducted by a Certified Public Accountant as the Board of
Directors may authorize.
(d) Secretary: The Secretary shall be responsible to ensure accurate and timely
recording of the minutes of each meeting of the Board of Directors. The
Secretary is responsible to ensure minutes are prepared and presented to the
Board for review and approval with modifications as may be necessary.
Section 3. Officers: The officers of the Corporation shall be vested with authority to
administer and implement duties, responsibilities and directives in conformity with their respective
offices in furtherance of the purposes set forth in the By -Laws and the Corporation's Articles of
Incorporation. The officers of the Corporation shall be assisted in the performance of their duties
by the President. Any person selected by the Board of Directors may be removed by the Board of
Directors, whenever in its judgement the best interests of the Corporation would best be served
thereby, the Board making recommendation to the appointing Board, but such removal shall be
without prejudice to the contract rights, if any, of the person so removed.
Section 4. Duties of the President. The President shall be the chief executive officer of the
Corporation and, subject to the control of the Board of Directors and the Executive Committee,
shall in general supervise and control the day — to — day business and affairs of the Corporation.
The President may sign any deeds, mortgages, bonds, contracts, or other instruments which the
Executive Committee has authorized to be executed, except in cases where the signing and
execution thereof shall be expressly delegated by the Board of Directors or by these By -Laws to
some other officer or agent of the Corporation, or shall be required by law to be otherwise signed
or executed; and in general shall perform all duties incident to the office of President and such
other duties as may be prescribed by the Board of Directors from time to time.
ARTICLE X
Contracts, Loans, Checks, and Deposits
Section 1. Contracts. The Board of Directors may authorize any officer or officers or agent
or agents to enter into any contract or execute and deliver any instruments in the name and on
behalf of the Corporation, and such authority may be general or confined to specific instances.
Section 2. Loans. Except for loans which are incurred in the ordinary course of business,
no loans shall be contracted on behalf of the Corporation and no evidences of indebtedness shall
be issued in its name unless authorized by a resolution of the Board of Directors. Such authority
may be general or confined to specific instances.
Section 3. Checks and Drafts. All checks, drafts or other orders for the payment of money,
notes or other evidences of indebtedness issued in the name of the Corporation shall be signed by
the Treasurer and the Chair of the Corporation and in such manner as shall from time to time be
determined by the Chair or by resolution of the Board of Directors.
Section 4. Deposits. All funds of the Corporation not otherwise employed shall be
deposited from time to time to the credit of the Corporation in such banks, trust companies, or
other depositories as the Board of Directors, the Chair, or the President may select.
ARTICLE XI
Indemnification
Section 1. Authority. The Corporation shall to the fullest extent permitted by the State of
North Carolina Nonprofit Corporation Act of 1993 indemnify the Directors and officers and all
persons whom it may indemnify pursuant thereto so long as such persons have conducted
themselves in good faith and reasonably believed their conduct not to be opposed to the
Corporation's best interests.
Section 2. Insurance. The Corporation shall purchase and maintain insurance on behalf of
any person who is or was a Director, officer, employee or agent of the Corporation, or who, while
a Director, officer, employee or agent of the Corporation is or was serving at the request of the
Corporation as a Director, officer, partner, trustee, employee, or agent or another corporation,
partnership, joint venture, trust, employee benefit plan or other enterprise against liability asserted
against or incurred by him or her in that capacity or arising from his or her status as such, whether
or not the Corporation would have the power to indemmify him or her against the same liability
under § 55A-8-51, Authority to Indemnify, (a — f) of the North Carolina Nonprofit Corporation
Act of 1993.
ARTICLE XII
Amendments
These By -Laws may be amended or repealed and new By -Laws may be adopted by the
vote of two-thirds (2/3)of all members of the Board of Directors.
Any notice of a meeting of which these By -Laws are to be amended or repealed or new
By -Laws adopted shall include notice of such proposed action.
The Board of Directors may authorize, amend, or restate operating guidelines, plans,
practices, and/or procedures from time to time in order to effectively implement the purposes of
the Corporation.
ARTICLE XIII
Regulation
The regulation of the business and conduct of the affairs of the Corporation shall conform
to federal and state income tax laws and any other applicable federal and state law, and such
regulation shall be determined by these By -Laws, as they may be amended from time to time. In
the interpretation of these By -Laws, wherever reference is made to the United States Code
(U.S.C.), the Internal Revenue Code, The North Carolina Code, or any other statute, or to any
section thereof, such reference shall be construed to mean such Code, statute or section thereof,
and the regulations thereunder, as the case may be, as heretofore or hereafter amended or
supplemented or as superseded by laws covering equivalent subject matter.
ARTICLE XIV
Seal
W
The Corporation may have a corporate seal as determined by the Board of Directors,
including inscription thereon of the name of the Corporation, the year of its incorporation, and the
name of North Carolina pursuant to the laws of which the Corporation was organized.
ARTICLE XV
Tax Exempt Status
Section 1. Prohibitions. No part of any earnings of the Corporation may accrue to the
benefit of or be distributed to its members, directors, or other persons, except that the Corporation
is authorized and empowered to pay reasonable compensation for services rendered to its
employees, consultants, and contractors and to make payments for services and supplies in
furtherance of its purposes. The Corporation may not engage in activities concerned with
propaganda or other attempts to influence legislation, and may not participate or intervene in
political campaigns or activities on behalf of any candidates for public office. Notwithstanding
any other provisions of the By-laws, the Corporation may not carry on any other activities not
permitted to be carried on by a corporation: (a) exempt from federal Income tax under Section
501(c)(3) of the Internal Revenue Law; (b) exempt from taxation under State law, or (c)
contributions to which are deductible under Federal or State law.
Section 2. Dissolution. The Corporation may be dissolved and its business and affairs
terminated upon a vote of two-thirds majority of its members at a meeting of which published
notice or written notice mailed to each member shall be given. Such notice shall state the purpose
of the proposed meeting. A certificate stating such facts shall be filed with the Secretary of State.
In the event of dissolution of the Corporation, the Board, after paying or making provisions
for the payment of all liabilities, must dispose of all assets of the Corporation exclusively for the
purpose of the Corporation, as set forth in Article IV, in such manner as the Board deems
appropriate. This disposition may include disposition to any other organization(s) organized and
operated exclusively for charitable purposes, which at the time is qualified as an exempt
organization or organizations under Section 501(c)(3), and 170(c)(2) of the Internal Revenue Code
or any similar provision of North Carolina law and any corresponding future United States Internal
revenue Law or North Carolina law. All remaining funds of the Corporation, after the payment of
all outstanding liabilities shall be distributed equally to the Town of Four Oaks and City of Dunn
in the event of a dissolution. Any assets not so disposed must be disposed by the appropriate court
in the county in which the principal office of the Corporation is located, exclusively for the
Purposes stated in Article IV.
ARTICLE XVI
Fiscal Year
The fiscal year of the Corporation shall end on June 30 of each calendar year unless
otherwise determined by the Board of Directors.
ARTICLE XVII
W,
Waiver of Notice
Except as otherwise provided by law, whenever any notice is required to be given to any
Member or Director of the Corporation under the provisions of the North Carolina Code, or under
the provisions of the Articles of Incorporation or By -Laws of the Corporation, a waiver thereof in
writing, signed by the person or persons entitled to such notice, whether before or after the time
stated therein, and delivered to the Corporation for inclusion of filing with the minutes or corporate
records, shall be equivalent to the giving of such notice.
ARTICLE XVIII
Miscellaneous
Any male noun or pronoun that may appear in these By -Laws shall be understood to refer
to persons of either sex.
ARTICLE XIX
Conflict of Interest
Sectionl. Purpose. The purpose of the conflict of interest policy is to protect the
Corporation's tax exempt interest when the Corporation is contemplating entering into a
transaction or arrangement that might benefit the private interest of a Director or an Officer or
might result is a possible "excess benefit transaction". This policy is intended to supplement but
not replace any applicable state and federal laws governing conflict of interest applicable to
nonprofit and charitable organizations.
Section 2. Definitions. For the purposes of this Article, the following terms have the
meanings as ascribed.
(a) "Board" means the Board of Directors and includes committees with Board of
Directors — delegated powers.
(b) "Compensation" means direct and indirect remuneration as well as gifts or
favors that are not insubstantial.
(e) "Financial interest" means a situation in which a person has, directly or
indirectly, through business, investments, or family:
an ownership or investment in any entity with which the Corporation
has a transaction or arrangement;
ii. a Compensation (defined below) arrangements with the Corporation or
with any entity or individual with which the Corporation has a
transaction or arrangement;
10
iii. a potential ownership or investment in, or Compensation arrangement
with, any entity or individual with which the Corporation is negotiating
a transaction or arrangement.
(d) "Interested Person" means any Director or Officer who has a direct or indirect
Financial Interest (defined below)
The existence of a Financial Interest is not necessarily a conflict of interest, Under
Section 3, subpart (b), a person who has a Financial Interest may have a conflict of interest
only if the Board decides that a conflict of interest exists.
Section 3. Procedures.
(a) Duty to Disclose. In connection with any actual or possible conflict of
interest, an Interested Person must disclose the existence of the Financial
Interest and be given the opportunity to disclose all material facts to the
Directors considering the proposed transaction or arrangement.
(b) Determining Whether a Conflict of Interest Exists. After disclosure of
financial interest and all material facts, and after any discussion with the
Interested Person, the Interested Person must leave the Board meeting while
the determination of a conflict of interest was voted on. The remaining
Directors shall decide if a conflict of interest exists.
(c) Procedures for Addressing the Conflict of Interest.
An Interested Person may make a presentation at the Board meeting,
but after the presentation, the Interested Person must leave the
meeting during the discussion of, and the vote on, the Transaction
or arrangement involving the possible conflict of interest.
ii. The Chairperson of the Board shall, if appropriate, appoint a
disinterested person or committee to investigate alternatives to the
proposed transaction or arrangement.
iii. After exercising due diligence, the Board shall determine whether
the Corporation can obtain, with reasonable efforts, a more
advantageous transaction or arrangement from a person or entity
that would not give rise to a conflict of interest.
iv. If a more advantageous transaction or arrangement is not reasonably
possible under circumstances not producing a conflict of interest,
the Board shall determine by a majority vote of the disinterested
Directors whether the transaction or arrangement is in the
Corporation's best interest, for its own benefit, and whether it is fair
and reasonable. In conformity with the above determination it shall
11
make its decision as to whether to enter into the transaction or
arrangement.
(d) Violations of the Conflict of Interest Policy.
i. If the Board has reasonable cause to believe a Director has failed to
disclose actual of possible conflicts of interest, it shall inform the
Director of the basis for that belief and afford the Director an
opportunity to explain the alleged failure to disclose.
ii. If after hearing the Director's response and after malting further
investigation as warranted by the circumstances, the Board
determines the Director has failed to disclose an actual or possible
conflict of interest, it shall tape appropriate disciplinary and
corrective action.
Section 4. Records of Proceedings. The minutes of the Board shall contain:
(a) The names of the persons who disclosed or otherwise were found to
have a Financial Interest in connection with an actual or possible
conflict of interest, the nature of the Financial Interest, any action to
determine whether a conflict of interest was present, and the Board's
decision as to whether a conflict of interest in fact existed.
(b) The names of persons who were present for discussion and votes
relating to the transaction or arrangement, the content of the discussion,
including any alternatives to the proposed transaction or arrangement,
and a record of any votes taken in connection with the proceedings.
Section 5. Compensation.
(a) A Director who receives Compensation, directly, or indirectly, from the
Corporation for services is precluded from voting on matters pertaining
to that Director's Compensation.
(b) A Director, whose jurisdiction includes Compensation matters and who
receives Compensation, directly or indirectly, from the Corporation,
either individually or collectively is prohibited from providing
information to the Board regarding Compensation and is precluded from
voting on matters pertaining to that Director's Compensation.
Section 6. Armual Statements. Each Director and Officer shall annually sign a
statement which affirms that that person:
(a) Has received a copy of the conflicts of interest policy;
12
(b) Has read and understands the policy
(c) Shall disclose any potential conflict(s) of interest
(d) Has agreed to comply with the policy; and
(e) Understands the Corporation is a nonprofit entity and to maintain its
federal tax exemption it must engage primarily in activities which
accomplish one or more of its tax — exempt proposes.
Section 7. Periodic Reviews. To ensure the Corporation operates in a manner
consistent with charitable purposes and does not engage in activities that could jeopardize its tax
— exempt status, the Board shall conduct periodic reviews. The periodic reviews must, at a
minimum, include the following:
(a) whether Compensation arrangements and benefits are reasonable, based
on competent survey information, and the result of arm's length
bargaining; and
(b) whether partnerships, joint ventures, and arrangements with
management organizations conform to the Corporation's written
policies, are properly recorded, reflect reasonable investment or
payments for goods and services, further nonprofit purposes and do not
result in inurement, impermissible private benefit or in an excess benefit
transaction.
Section 8. Use of Outside Advisors. When conducting the periodic reviews as
provided for in Section 7, the Corporation may, but need not, use outside advisors. If
outside advisors are used, their use shall not relieve the Board of its responsibility for
ensuring periodic reviews are conducted.
ADOPTED this day of 20201.
I-95/I-40 Crossroads of America Economic Development Alliance, Inc.
IC
Chair
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Attachment #6
08-10-2021
Ms. Heather Adams
Public Utilities Director
City of Dunn
PO Box 1065
Dunn, NC 28335
Dear Heather:
DAvis . MARTIN • PONVELL
ENGINEERS & SURVEYORS
July 22, 2021
Re: City of Dunn, NC
Black River WWTP Expansion Study
Task Order for Engineering Services
Davis • Martin • Powell & Associates (DMP) appreciates the opportunity to provide planning and
permitting services for the Black River Wastewater Treatment Plant (WWTP) upgrades and expansion to
meet the future needs of the City of Dunn.
Background
The City's Black River WWTP was constructed in the early 1980's and has been modified several times
over subsequent years. The original capacity was 2.225 MGD, which was expanded to 3.75 MGD in the
mid 1990's. The WWTP operates under NPDES permit NC0043176, which was renewed in 2019 and
expires In September 2023. From 2009-2011 the City replaced the influent pump station, preliminary
treatment facilities, and added flow equalization. Most recently, the aeration system and blowers were
replaced in 2020.
In 2016the City requested speculative limits for an expanded discharge of4.9 MGD to the Cape Fear River.
Recognizing the capital cost and ongoing operating cost of the effluent conveyance system, the City also
requested speculative limits for a possible discharge relocation to the Black River, adjacent to the WWTP.
NCDEQ DWR provided potential effluent limits for an expanded discharge in the Cape Fear River (current
location) in 2017, howeverthey advised a nutrient response model must be developed forthe Black River
discharge alternative.
The collection system overflows and WWTP flow violations during the past two years have resulted In
notices of violation and fines being imposed by DEQ, and a letter was issued to the City placing a
moratorium on sewer extensions and connections. Several meetings with DEQ have already been held
to discuss developing a Special Order of Consent (SOC) to allow continued growth and to minimize fines
while the City plans for and begins implementing improvements to the Wastewater System.
T: 336-886-4821 • F: 336-886-4458 • license: F-0245
6415 Old Plank Road, High Point, NC 27265 • www.dmp-inc.com
City of Dunn
Black River WWTP Upgrade and Expansion Study Page 2 of 4
Scope of Services
The scope of services can be broken into three phases:
0001. WWTP Upgrade and Expansion Study
The current permitted capacity of 3.75 MGD has met the City's wastewater needs, until the past few
years of increased precipitation resulting in higher levels of rainfall induced inflow and infiltration (1/1).
This phase will review recent operational records along with available Comprehensive Plans and City
growth projections to project future capacity needs for a 20 year planning period. The future capacity
could Include excess capacity for treatment of 1/1 that cannot be economically removed from the
collection system.
DMP will verify if the 2017 Cape Fear Speculative Limits are still applicable for anticipated discharges
of up to 7.5 MGD. It is expected that two main options will be considered for WWTP improvements.
The first option will be based on an expanded Cape Fear River discharge, including effluent
conveyance Improvements. The second option will be based on a relocation of the discharge to the
Black River adjacent to the WWTP site. A cursory review of discharge alternatives such as land
application and connecting to another municipal facility will be included to address the NCDEQ
Engineering Alternatives Analysis (EAA) Guidance Document Step 3.
Improvements to the WWTP may include the following Improvement Items;
— Biological Process options to meet future limits for nitrogen and phosphorus;
— Clarification options to enhance clarifier operation at higher flows;
— Return Sludge Pump Station;
— Effluent Filtration filter options;
— Disinfection options Including chlorination and ultraviolet light;
— Effluent conveyance improvements to the Black River and Cape Fear River discharge points;
— Biosolids Processing Including potential Class A or B treatment options and dewatering systems;
— Review of support systems and facilities, which could include electrical systems, laboratory space,
laboratory equipment, and Plant SCADA.
The scope includes a one (1) day onsite workshop, supplemented with virtual meetings, to present
options and gather input from Operations and Maintenance staff. A presentation of the final findings
to a committee or the council is also included.
The Study will be formatted in a Preliminary Engineering Report (PER) format that would meet current
Rural Development (RD) guidelines. The PER will also include components listed in Steps 1 through 3
of the EAA Guidance document. Detailed information could also be extracted to meet the funding
requirements of the NCDENR DWI funding programs.
0002. Black River Discharge Evaluation
DMP is partnering with Tetra Tech Engineering, PC (Raleigh, NC) to assist with a preliminary
determination that a Black River Discharge may be a feasible option, and if so, develop a Monitoring
and Modeling Plan for approval by DWR. This Phase will generally include:
— Preliminary Project Scoping including a facilitated virtual meeting with DWR.
— Preparation of a Monitoring and Modeling Plan for review by all parties, submittal to DWR,
facilitated meeting with DWR to discuss plan, and address DWR comments to develop a Final
Monitoring and Modeling Plan.
City of Dunn
Black River WWTP Upgrade and Expansion Study Page 3 of 4
— Coordination and Project Management with DMP and City.
A copy of the Tetra Tech scope of services is attached for more details.
0003. Implementation of Monitoring & Modeling Program
Implementation of the Monitoring and Modeling Plan would be added to this task order once NCDEQ
has reviewed and approved the plan, and if the City elects to pursue this alternative.
Compensation
DMP and Tetra Tech are prepared to begin work upon receipt of this signed Task Order.
Phase Fee
0001— Upgrade and Expansion Study $58,300.00
0002 — NPDES Permitting Support $28,200.00
0003 — Implementation of Monitoring and Modeling Program TBD
Total $ 86,500.00
The fees stated above are based on the anticipated requirements and steps we will need to complete the
scope outlined in this proposal based on similar projects. Any changes to this fee budget will be reviewed
and approved before additional cost is incurred.
These services will be provided as a Task under the 2019 On -Call Professional Services Agreement.
Periodic invoices corresponding to the completed task outlined above will be sent at the beginning of each
month, and payment will be due within 30 days.
Additional Services
If the scope of work is expanded beyond those described herein, DMP will secure written authorization
prior to beginning any additional work items required or desired. As the need for, and scope of other
tasks are identified, DMP will prepare an amendment to this agreement for the City's approval. Some
potential services could include:
® Coordinate visits to operating wastewater treatment plants to observe processes or equipment under
consideration;
® Environmental Services, such as preparation of an Environmental Report (ER) or Environmental
Assessment (EA) related to NPDES Permitting or funding;
® Application for NPDES Permit modification and Engineering Alternatives Analysis (EAA);
® Application(s) for funding of improvements developed under this study;
® Development of a computer simulation (model) of the proposed biological process;
® Final Design, Bidding, and Construction Services for the selected alternative.
Closing
It Is our desire to provide the City with this letter proposal outlining the Engineering efforts that will be
needed to develop a comprehensive program for meeting the future needs of the City's wastewater
treatment system.
City of Dunn
Black River WWTP Upgrade and Expansion Study Page 4 of 4
We appreciate the opportunity to submit this proposal for professional services related to this project. If
acceptable, please return one (1) executed copy of this task order to our office, and we will continue
accordingly. And, if you have any questions, please let us know.
Sincerely,
DAVIS • MARTIN • POOWELL & ASSOCIATES, INC
Michael Goliber, PE
Partner, Senior Project Manager
(336) 819-5280, meoliber@dmp-Inc.com
Enclosures:
Tetra Tech Scope Letter
Task Order Authorization
Project: Black River WWTP Expansion and Upgrade Study
Accepte y f Dunn, NC g
By: Date 61 w)
—tea
Title:
The individual(s) above hereby represent and warrant they have the full and complete authority to enter into this
Task Order on behalf of their respective party.
iidmpilVolll DATA9i2021i110158iClient Contract InfoiWWTP Expansion Study_Proposol_Rev12021-07-21.docx
DAvis • MARTIN • POWELL
ENGINEERS & SURVEYORS
August 2, 2021
Re: City of Dunn
Attachment #7 2021 Bay & Elm Street Water Improvements
08-10-2021
Engineering Services Proposal
Ms. Heather Adams
Public Utilities Director
City of Dunn
PO Box 1065
Dunn, NC 28335
Dear Heather:
Davis • Martin • Powell & Associates (DMP) appreciates the opportunity to submit this Engineering Services
Proposal for Professional Services for the proposed 2021 Bay Street and Elm Water Line Improvements.
Background
In 2013, the City of Dunn retained DMP to design water system improvements for multiple blocks of Bay
Street: from Railroad Avenue to Elm Avenue. For budgetary purposes, the project was divided into three
phases and since that time two sections have been completed. At this time the City desires to complete the
Bay Street Water Line Improvements by replacing the remaining section of deteriorated section of 12" AC
pipe form west of Magnolia Street to Elm Avenue.
The existing 12" ACwater line extendingfrom Bay Street to Cumberland Street has become more problematic
and several breaks have occurred along this section of line recently including one last week. Due to the
historic and recent breaks to the 12" AC water along this route, the City also wants to replace this section of
12" AC pipe from Bay Street to Cumberland Street.
Scope of Services
DMP proposes to provide the City with necessary assistance with completing the upgrades to the water line
along Bay Street and Elm Street. The design will consider convention parallel water line replacement and/or
some sections of direct replacement by pipe bursting methods depending on the location and quantity of
valves, fittings, and services along the water line route along Elm Street. An alternate bid will be included if
pipe bursting some sections is determine that its feasible and may provide opportunity for potential cost
savings.
Design, Bidding and Contract Award
Design, Bidding, and Contract Award Services will include the following task:
— Prepare construction plans, contract documents and technical specifications for the project. These
will include applicable technical specifications and bidding documents based on the final design.
— Prepare applications for the City to obtain necessary permits.
T: 336-886-4821 • F: 336-886-4458 • License: F-0245
6415 Old Plank Road, High Point, NC 27265 • www.dmp-inc.com
City of Dunn
2021 Boy Street& Elm Street Water Improvements August 2, 2021 Page 2 of
— Prepare detailed quantities for bidding, and update the estimate of probable cost, based on final
plans and specifications.
Coordinate the issuing of contract documents to prospective bidders, respond to inquiries, issue
addenda as necessary, and conduct the bid opening.
Review the bids for conformance, prepare a certified bid tabulation, research the low Bidder's
qualifications, and make a recommendation of award to the City to award the contract to the
lowest, responsible, responsive bidder.
Construction Administration and Resident Project Representative (RPR) Services
Limited Construction Administrative Services will include the following task:
— Conduct the Pre -Construction meeting and issue meeting minutes.
— Review shop drawings and submittals.
— Review and respond to requests for information (RFI's) from the bidders.
— Review change order requests.
— Review monthly pay requests and forward to the City.
Coordinate Contract Closeout, to include attendance at final inspection, review of final contract
documents, and Engineer's Certification of project completion to the appropriate agencies.
— Prepare Record Drawings from plan markups by the Contractor and Field RPR. Three hardcopy sets
of record drawings will be provided in addition to AutoCAD .dwg and .pdf digital files.
Limited Resident Project Representative Services will include the following task:
— The Scope includes a Resident Project Representative (RPR) during the construction period to review
and observe work of the construction Contractor. The RPR will typically work either half or full days
depending on the work being completed. The estimated hourly rate cost below is based upon a daily
inspection intensity of up to two days per week for a five month period;
— The RPR will coordinate schedules with the City and Contractor to provide a presence during key
construction tasks;
— The RPR shall be the Engineers' site representative and will serve as field liaison between the
Contractor and the Town, attend job site meetings, etc.;
— The RPR will review and observe field work, approve payment quantities, determine acceptability of
work items, etc., for compliance with approved contract documents;
— The RPR will keep a daily log describing the activities and construction progress of the Contractor for
each site visit;
— The RPR will report directly to the Engineer and the City PUD;
— The RPR will assist the Contractor in maintaining records of deviations from construction drawings;
Additional Services or Services Not Included
DMP is available to provide additional services in conjunction with this project, which may be unforeseen at
this stage of the project, Any additional services requested by the City, which are not specifically outlined in
the Scope of Work, can be provided on an hourly basis, or negotiated as an amendment to this proposal.
Additional expenses will not be incurred without prior written authorization.
City of Dunn
2021 Bay Street & Elm Street Water Improvements August 2, 2021 Page 3 of 3
Compensation
DMP will furnish the scope of services as outlined herein for the following lump sum or hourly amounts:
Description
Fee
Type
1. Final Design and Bidding Services
$38,400
Lump Sum
2. Limited Construction Administration and
Limited RPR
$49,600
Hourly
These services will be provided as a Task under the 2019 On -Call Professional Services Agreement. Periodic
invoices corresponding to the completed task outlined above will be sent at the beginning of each month,
and payment will be due within 30 days.
Summary
Davis • Martin • Powell appreciates the opportunity to submit this proposal for professional services related
to this project. If acceptable, please return one executed copy of this proposal to our office, and we will
proceed accordingly. If you have any questions, please let me know.
C: File
of Dunn, NC
M
Title:
Sincerely,
IDAVIS- RTIN-POWELL OCIATES, INC.
Randy L. McNeill, ME
Date' Z'l
The individual(s) above hereby represent and warrant they have the full and complete CII ority to enter into this
Task Order on behalf of their respective party. �0�9� Geuem
AVIS • MARTIN • POWELL Basis of cost
N G IN E E R S & S U R V E Y O Rs 0 Conceptual
15 Old Plank Road ❑ Preliminary
gh Point, NC 27265 ❑ Final
336.886,4821
Date:
8/2/2021
ESTIMATE OF PROBABLE PROJECT COST
Owner: City of Dunn
DMP Project
210141
Project: Bay Street and Elm Street Water Line
Replacement
Description Construction Budget
Quantity
Unit
Unit Cost
Total
Mobilization
1
LS
$ 45,000
$ 45,000
12" Water line
1900
LF
120
228,000
8" Waterline
150
LF
100
15,000
6"Water line
250
LF
70
17,500
12"x 12" TS&V
2
Ea
10,000
20,000
8"x 8" TS&V
1
Ea
8,000
8,000
12" Gate valve
5
Ea
6,000
30,000
8" Gate valve
5
Ea
4,000
20,000
6" Gate valve
8
Ea
3,000
24,000
Service renewals
25
Ea
3,000
75,000
Hydrant
6
Ea
8,000
48,000
Fittings
6000
Lbs
10
60,000
Ditch stabilization stone
400
Tons
60
24,000
Driveway stone
400
Tons
60
24,000
Remove unsuitable material
500
CY
60
30,000
Borrow material
500
CY
60
30,000
Concrete patch
200
SY
200
40,000,
Pavement patch
1000
SY
150
150,000
Erosion control, etc
1
LS
21,500
21,500'
TOTAL RECOMMENDED CONSTRUCTION BUDGET
$ 910,000
Technical Services
Design and bidding $ 38,400
Limited services during
construction, CA/RPR and prepare
record drawings 49,600
otal Technical Services $ 88,000
Contingencies,etc
TOTAL RECOMMENDED PROJECT BUDGET
on the basis of ENGINEER'S professionai judgment and experience as a
professional generally familiar with the Industry. The OWNER understands that the ENGINEER has no control over the cost of labor, materials,
equipment, or services furnished by others, the Contractor's methods of determining prices, or the competitive bidding or market conditions.
ENGINEER cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from estimates of probable construction
cost as prepared by ENGINEER.
north ULDUNN
city of dune
POST OFFICE BOX 1065 a DUNN, NORTH CAROLINA 28335
(910) 230-3500 ® FAX (910) 230-3590
www.dunn-nc.org
R2021-27 (Attach #8)
08-10-2021
Mayor
William P. Elmore Jr.
Mayor Pro Tem
Dr. David L. Bradham
Council Members
J. Wesley Sills
April Gaulden
Prank McLean
Billy Tart
Chuck Tat nage
City Manager
Steven Neuschafer
RESOLUTIONEXEMPTING WATER AND SEWER SYSTEMDEVELOPMENT
FEE STUDYPROJECT
FROM G.S. 143-64.31
WHEREAS, G.S. 143-64.31 requires the initial solicitation and evaluation of firms to perform
architectural, engineering, surveying, construction management -at -risk services, and design -build
services (collectively "design services") to be based on qualifications and without regard to fee;
WHEREAS, the City proposes to enter into one or more contracts for a study for -water and seiner
system development fees; and
WHEREAS, G.S. 143-64.32 authorizes units of local govermnent to exempt contracts for engineering
professional services from the qualifications -based selection requirements of G.S. 143-64.31 if the
estimated fee is less than $50,000; and
WHEREAS, the estimated fee for the professional services for the above -described project is less than
$50,000.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DUNN RESOLVES:
Section 1. The above -described project is hereby made exempt from the provisions of G.S. 143-64.31.
Section 2. This resolution shall be effective upon adoption.
Adopted this the 101 dray ofAugust, 2021.
° ,,William P. Elmore, J ayor
G\ OF Die ®®
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