HomeMy WebLinkAboutAgenda - 07-03-1985 •
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ORANGE COMM!
pow OF caqv:ISSIONs
AGENDA
REGULAR NIEET3NG CONtImaTION
•
WEDNESDAY, JULY 3, 1985
.- SUPERIOR CCURIP.CCM . '
;•• L'[SBOROUCH, N.C.
•
7:30' P.M.
A. PCARD Catg fiS •-
B. • AUDIEE10E•CCM_1MM .
1. Matters on the Printed Agenda .
•
2. Matters not Matters , on the Printed Agenda
•
C. APPOIN IIIENFS • '
D. ITEMS FOR DECISION
1. •Lease Agreement--Carr Store wilding
2. Adoption of the 1985-86 Budget OrdinanCe
B. ADJO[3RNMW
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ORANGE COUNTY
BOARD or coLvivIESSIOMRS • Action Agenda
•
ACTION AGENDA nEm. ABSTRACT Item No
MEEMIG DATE JULY 3, 1985
Subject: APPOINTMENTS
I Cepartnent: BOARD OF COMMISSIONERS 1 . 1 Public Hearing: es X no
•
AttachurntIe) Information Contact:
BEVERLYA. BLYTHE, Er '.
UNDER SEPARATE COVER
Phone Number: T32-8181, 968-4501, 227-0231
PURPOSE= The following vacancies are announced together with the indication of the
status of securing candidates for possible appointment consideration. All
vacancies have been duly advertised.
- COMMISSION FOR WOMEN - 1 vacancy; no resumes have been received.
A-6 - INDUSTRIAL DEVELOMENT REVEICE BOND AUTHORITY - 3 vacancies; , no resumes
have been received. .
A-T - JURY COMMISSION - 1 vacancy; no resumes are on file.
A-13 - RECREATION AND PARKS ADVISORY COUNCIL - 2 vacancies; no resumes have
been received.
Bra - BOARD OF HEALTR - 1 vacancy; 3 resumes have been received.
. -
B-5 - DOMICILIARY MME: ADVISORY CO! 1 - 1 vacancy; no resumes have been
received.
B-11 - SOLID WASTE TAKE FORCE - no new resumes have been received.
• B-15 - SCHOOL MERGER STUDY COMMISSION - 21 resumes have been received. •
C-3 - CHAPEL TITTAT, BOARD OF ADJUSTMEWX - 3 vacancies.
C-T - ORANGE COUNTY BOARD OF ADJUSTMENT - 2 vacancies; no resumes are on file.
• REGION J EMS COUNCIL - 1 vacancy; no resumes have been received.
IMPACT: To maintain 100% membership on Commissioners' appointed Boards and Commissions. .
RECOMMENDATION:
As the Board decides.
•
ORANGE COUNTY
BOARD CF COMMISSIONERS Action Agenda
ACTIONAGMA ITEM ABWACT Item No. D1
Meeting Date: JULY 3, 1985
SUBJECT: LEASE-PURCHASE COI
DEPAR1NENT: COUNTY MANAGER PUBLIC BEMING: Yes X No
ATI CAMMENT(S): INFCEMATION CONTACT: MANAGER'S
OFFICE X501
TRLPPHONE NUMBER:
YES Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE: To consider a lease/purchase agreement for the Carr Store
Building.
NEED: Lease agreement should become effective July 1, 1985.
IMPACT: Create more office space for overcrowded departments.
RECCMMENDATION(S):
Approve lease/purchase agreement per the terns attached.
W
,-,
NORTH CAROLINA
LEASE/PURCHASE CONTRACT
ORANGE COUNTY
• This lease agreement entered into this the
day of , 1985 by and between Carr 's Supermarket,
, .
Inc. , of Orange County, North Carolina, hereinafter referred
:-.
to as Lessor and Orange County, North Carolina, hereinafter
, •
referred to as Lessee,
0,
, 5
,..„,
WITNESSET H:
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Lessor hereby agrees to lease and sell the property
c 1
i w described below to Lessee upon the following terms and
4:. conditions:
i'l 4
.P,
g 1. The Property. The property herein leased and
§
to be sold is a tract and parcel of land, together with all
. 7
improvements located thereon, located in Hillsborough, Orange
. .
■
;4
g County, North Carolina and more particularly described as
E
follows:
3
g,
BEGINNING at a concrete monument, the Southeast corner of the
x
i A. W. Kenion estate, which said marker is located North 5
8 deg. 44 min. East 75.85 feet from an iron stake on the North
• side- of U. S. Highway No. 70, the Northeast corner of Paul
Collins, running thence from said beginning point with the
line of Kenion North 5 deg. 44 min. East 300.20 feet to a
concrete monument; thence continuing with Kenion North 43
deg. 13 min. East 334.72 feet to an iron stake in the center
of the old Cedar Grove-Hillsborough Road; thence along the
center of said Road South 22 deg. 20 min. East 229.15 feet to
an iron stake, the Northeast corner of the 011ie Cooper lot;
thence with Cooper South 67 deg. 40 min. West 128 feet to an
iron stake; thence with Cooper South 8 deg. 57 min. East 97. 7
•
1 feet to an iron stake; thence continuing with Cooper North
67 deg. 40 min. East 150 feet to an iron sake in the center
of the old Cedar Grove-Hillsborough Road, thence with the
center of said Road South 22 deg. 20 min. East-280-feet to an
iron stake in the Northeast corner of W. John Clayton; thence
with Clayton, Hall and Hogan North 87 deg. 42 min. West
1
• 1
, •
- .
- ,
4'-
270.37 feet to an iron stake, the Northwest corner of Paul
Hogan; thence with Hogan South 6 deg. 02 min. West 163.92
feet to an iron stake in the North right of way of U. S.
Highway 70-A; thence along said Highway North 66 deg. 06 min.
West 228.65 feet to an iron stake, the Southeast corner of.
Paul Collins; thence with Collins North 5 deg. 44 min. East
75.85 feet to the place and point of beginning, according to
survey and plat of Property of Brodie S. Carr, surveyed
September 27, 1960, by Robert A. Jones, Registered Surveyor.
This is the same property conveyed to Lessor from Brodie S.
• Carr, widower, by deed recorded at Book 227 , Page 1448 of the
Orange County Registry.
2 . The Lease. The lease will commence July 1 ,
. a 1985 and terminate June 30, 1989. The following rent shall
5
be paid to the Lessor by the Lessee on or before July 1 of
1
the year indicated:
e
‹ 1985 $50,000.00
x .
1986 $56,250.00
- 1987 $56,250.00
• r.-
S 1988 $56,250.00
• 3. Purchase of Property. Provided that all of
the terms and conditions of this lease are met, on July 1,
1989 Lessor agrees to sell and Lessee agrees to buy the
2 property herein described upon the payment to Lessor by
Lessee of the sum of $56,250.00.
• a 4. Conditions. The following conditions must be
established to the satisfaction of Lessor prior to July 1,
• 1985 and as a condition to Lessee's obligation to perform any
and all of the terms of this lease/purchase contract:
(a) There must be no restriction, easement, zoning
or other governmental regulation that would prevent the
reasonable use of the property for commercial purposes.
...
2
' •
:' • _ . . .
•
(b) There must be no encumbrance or special
assessment, either pending or confirmed, for sidewalk,
paving, water, sewer or other improvements on or adjoining
the property.
(c) The electrical, plumbing, heating and cooling
systems must be in good working order on July 1, 1985 as
determined by Lessee. Any repairs to any of the systems
described in this subsection necessary to satisfy this
condition shall be done by Lessor or at the expense of Lessor
5
prior to July 1, 1985.
2
(d) Presently the roof over the canopy of the main
. building on the property needs repair. This repair shall- 'be
done by Lessor or at the expense of Lessor prior to July 1,
1985.
(e) Possession shall be surrendered to Lessee on
• July 1, 1985. Any damage done to the premises by Lessor in
9
• vacating shall be repaired by Lessor and at the expense of
• Lessor prior to July 1, 1985.
(f) On July 1, 1985 Lessor shall have fee simple
d marketable title of the premises, free of all encumbrances
•
except ad valorem taxes for the year 1985. On July 1, 1989 ,
provided all of the terms and conditions of this
lease/purchase contract. are met, Lessor shall deliver to
Lessee a general warranty deed for the property and the title
on July 1, 1989 must be fee simple marketable title, free of
all encumbrances except ad valorem taxes for the year 1989.
3
•
During the term of this lease Lessor agrees not to in any way •
encumber the property.
5. Prorations and adjustments . The following
items shall be prorated and adjusted between the parties or
paid at the closing of the sale of the property on or about
July 1, 1989:
(a) Ad valorem taxes on the property for the year
1989 shall be prorated on a calendar year basis to the date
• of closing.
(b) Ad valorem taxes on the property and on
• personal property of the Lessor for all of the years prior to
1989 and as to personal property for the entire year of 1989
• shall be paid by the Lessor.
(c) All late listing penalties and interest, if
• any, shall be paid by the Lessor.
6. Termites, etc. Lessor shall provide at the
• expense of Lessor a statement showing the absence of
termites, wood-destroying insects , and organisms and
▪ structural damage therefrom on Standard Form No. 1 in
accordance with the regulations of the North Carolina
Structural Pest Control Committee. All extermination
required and repair of damage therefrom shall be done by
Lessor or at its direction and the cost therefore paid by
• Lessor the same to be completed prior to July 1, 1985, unless
otherwise agreed in writing by the parties.
4
7. Maintenance. From and after the time Lessee
takes possession of the premises it shall be the
responsibility of Lessee to maintain the premises, both
inside and outside in neat, clean and orderly condition at
all times.
8. Utilities, Taxes and Other Charges. During
the term of this lease Lessee shall pay for all utilities and
services provided by any and all public and private utility
providers, including, but not limited to electrical,
telephone, water, and sewage, as such become due and payable.
Lessor agrees to pay all taxes and assessments during the
term of this lease, including but not limited to municipal,
county and state taxes assessed against said premises which
are incident to the ownership of said premises . Lessee
agrees to pay any and all license fees, occupation taxes and
privilege taxes resulting from its occupation and use of the
premises as such become due.
9. Improvements. Lessee shall have the right to
7
Ti make any and all improvements, temporary or permanent, to the
8 premises as deemed necessary and desirable by Lessee for its
use of the premises. All such improvements shall be made at
the expense of Lessee. Any such improvements which are made
to the premises which cannot be removed without damage to the
premises shall become a part of the premises and upon the
termination of this lease shall be the property of the owner
! of the premises. During the term of this lease all such
1 5
improvements shall be deemed leasehold improvements and shall
be the property of the Lessee. Any additional ad valorem
taxes resulting from any such permanent improvements shall be
the responsibility of the Lessee.
10. Assignment . This lease shall not be
transferred or assigned. Lessee may sublet all or any part
of the premises and shall have no obligation to notify Lessor
of any such sublease.
11. Fire or Other Casualty. Should the main '
5
• building (formerly housing a supermarket) on the premises be
damaged by 'fire or other casualty, and that building become
untenantable either in whole or in part, Lessee at its option
• exercisable by delivery of written notice to Lessor within
thirty (30) days after the occurrence of such damage may
0
elect to repair or rebuild it. If this option is exercised
• =
▪ such repairs or rebuilding shall be commenced and completed
6 with reasonable dispatch, and the rent shall be abated during
• the time, and to the extent to which the premises shall be
• untenantable. Provided , however , that in the event the
8 damage is caused by the negligent acts of the Lessee, its
agents or employees, then there shall be no rent abatement.
In the event Lessee exercises its option to rebuild, it shall
do so at its own expense, subject however, to the provisions
contained herein in the paragraph titled "Insurance." In the
event Lessee does not exercise its option to repair or
rebuild the main building, then this Lease shall terminate as
6
•
of the time of the occurrence of such damage and rent paid to
Lessor for the year in which the termination occurs shall be
rebated to Lessee pro rata.
The loss or destruction of any building on the
premises other than the main building shall not affect this
lease. However, Lessee may at its option and upon giving the
notice provided above to Lessor, repair or rebuild any such
building. Repair or rebuilding of any building other than
• the main building shall be done at Lessee's expense, subject
5
however; to the provisions contained herein in the paragraph
A
titled "Insurance. "
12. Insurance. It shall be the responsibility of
the Lessee to insure the premises for fire and extended
coverage during the term of this lease and to maintain said
insurance on the premises for the term of this lease. In the
event this lease is terminated because of damage by fire or
other casualty as provided herein in the paragraph titled
"Fire or Other Casualty, " the proceeds of such insurance
shall be paid to Lessor and Lessee as their interests shall
S appear. In all other cases of loss by fire, other casualty
or any other cause resulting in insurance claim and payment,
the entire proceeds of such insurance shall be paid to Lessee
• notwithstanding any provision in the insurance policies
• concerning payment. Should Lessor receive any such insurance
payment from the insurance carrier, it shall immediately pay
over or assign over to Lessee any such payment.
1
r
• -
• 13. Leases. Lessor agrees that on July 1, 1985
all presently existing leases shall be the property of
Lessee. Lessor agrees to assign said leases to Lessee and to
execute any and all instruments necessary to accomplish the
.
transfer of ownership of any such leases . Rent due the
Lessor on July 1, 1985 for any such lease shall be prorated
to July 1 , 1985 and either adjusted or paid to the
appropriate party at that time. Any security deposits being ,
held by Lessor shall be paid over to Lessee on July 1, 1985.
Lessee shall account to any tenant as provided by law for the
security following the assignment of the lease of any such
tenant.
14. Default. In the event of default this
lease/purchase contract shall terminate and Lessee shall
• - immediately surrender the premises to Lessor. As used in
this lease/purchase contract, the term "event of default"
• means the occurrence of any one or more of the following
0
events:
(a) Lessee fails to make any lease payment as it
• 3 becomes due in accordance with the terms of this lease, and
• any such failure continues for thirty (30) days after the due
date thereof.
(b) Lessee fails to perform or observe any other
covenant, condition, or agreement to be performed or observed
by it hereunder and such failure is not cured within thirty
(30) days after written notice thereof by Lessor.
8
•
•
15. Lessee's Remedy of specific performance. The
agreement herein contained by Lessor to convey by general
warranty deed the premises to Lessee on July 1, 1989 upon the
payment by Lessee of the sum of $56,250.00 to Lessor and upon
the satisfaction of all other terms and conditions of this
lease/purchase contract shall be specifically enforceable by
a court of law in the event Lessor refuses or is for some
reason unwilling or unable to convey the premises to Lessee.
16. Nonappropriation of Funds. In the event no
5
funds or insufficient funds are appropriated and budgeted' or k
are otherwise unavailable by any means whatsoever in any
5 fiscal period for ' lease payments due under this lease,. then
.15 the Lessee will immediately notify Lessor of such occurrence
• and this lease shall terminate on the last day of the fiscal
• period for which appropriations were received and the lease
payment was made. In the event of such termination, Lessee
.11
• agrees to peaceably surrender possession of the premises to
• Lessor on the date of such termination. Such termination
• shall be without penalty or expense to Lessee of any kind
<
whatsoever except as to the portions of lease payments herein
agreed upon for which funds have been appropriated and
budgeted or are otherwise available.
17. Notices. All notices to be given under this
lease shall be made in writing and mailed by certified mail,
return receipt requested, to the other party at its address
set forth herein or at such address as the party may provide
9
-; •
in writing from time to time . Anx such notice shall be
deemed to have been received five (5) days subsequent to
mailing.
• 18. Section Headings . All section headings
contained herein are for the convenience of reference only
and are not intended to define or limit the scope of any
provision of this lease/purchase contract.
19. Governing Law. This lease shall be construed
• in accordance with and governed by the laws of the State of
5
North Carolina.
P 20. Closing Bxpenses. Lessor shall pay for the
4
preparation of a deed and for the revenue stamps required by
law. Lessee shall pay for recording the deed and for
2 preparation and recording of all instruments required to
effectuate the sale of the premises other than the
• preparation of the deed.
21. Survival . Any provision herein contained
8
O which by its nature and effect if required to be observed,
7
• kept or performed after the closing shall survive the closing
8 and remain binding upon and for the benefit of the parties
hereto until fully observed, kept or performed.
22. Parties. This contract shall be binding and
shall inure to the benefit of the parties and their heirs,
successors and assigns. As used herein, words in the
singular include the plural and the masculine includes the
feminine and neuter genders, as appropriate.
v •
• 10
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. *
23. Entire Agreement; Waiver . This contract
--,.
' 4 contains the entire agreement of the parties and there are no
representations, inducements, or other provisions other than
those expressed in writing. All changes, additions, or
deletions hereto must be in writing and signed by the '
-, parties. Any provision of this lease/purchase contract found
to be prohibited by law shall be ineffective to the extent of
,Il
such prohibition without invalidating the remainder of this .
lease/purchase contract. The waiver by Lessor or Lessee of
5
any breach by the other of any term, covenant or condition
i
hereof shall not operate as a waiver of any subsequent breach
1 thereof.
: x :
% o
4 ,
CARR'S SUPERMARKET, INC.
. e
...T.
President -
! - •
ATTEST: . (Corporate Seal)
17,
, 6
Secretary -
NORTH CAROLINA
ORANGE COUNTY
8
This is to certify that on the day of
1 , 1985, before me personally came
with whom I am personally acquainted, who, being by me duly
sworn, says that he/she is the , and that
is the of Carr's Supermarket, Inc. ,
the corporation described in and which executed the foregoing
instrument; that he/she knows • the common seal of said
corporation; that the seal affixed to the foregoing
instrument is the common seal, and the name of the
corporation was subscribed thereto by the , and that
! .
-- '' —
1 ' 11
•
. •
1 .
f: . .
said and subscribed their names thereto and
the common seal was affixed , all by' order of the board of
directors of said corporation, and that the said instrument
is the act and deed of the corporation.
Witness my hand and official seal, this the
;-.. day of , 1985.
'•`..
'' • - . .
Notary Public
My commission expires:
=
.•,,
'.. . '
1
ORANGE COUNTY
•, ? •
, 5
By:
h
.': :i•
„. E Cairman, Orange County .
, T4 Board of Commissioners
I .
, •
I ATTEST: (Official Seal)
q G
. 1
Clerk to the Board of Commissioners
• t NORTH CAROLINA
.• , 4
ORANGE COUNTY
i . •
-i This the day of , 1985, personally
E came before me , who, being by me duly
,.. m sworn, says that she knows the common seal of Orange County
r: 8
and is acquainted with , who is Chairman
of the Board of Commissioners of Orange County, and that she,
the said , signed her name in attestation of
the execution of said instrument in the presence of said
x
Chairman of said Board of County Commissioners.
8
Witness my hand and official seal, this the
day of , 1985.
Notary Public
,. •
My commission expires:
• . .
12
''''
:;':
This instrument has been preaudited in the manner required by the
•„,
Local Government Budget and Fiscal Control Act.
,.. .,
" 530 p 122, - "'"' ..‘" BON g AI - .A /1
,-7 . Ag....Gordon Baker
' Orange County Finance Director
-k
NORTH CAROLINA
LEASE/PURCHASE CONTRACT
i ORANGE COUNTY
,.
This lease agreement entered into this the d
.. , /
,. • day of ,Adidb , 1985 by and between Carr's Supermarket,
Inc. , 41(Orafge County, North Carolina, hereinafter referred
to as Lessor and Orange County, North Carolina, hereinafter
referred to as Lessee,
•1 Ell
,4 5
WITNESSET H:
,.,
- . ‹
w E
.2.
,- Lessor hereby agrees to lease and sell the property i
.
„,
4.
described below to Lessee upon the following terms and }'
,
L
conditions:
.
0
ikc,” 0
d 1. The Property. The propert \
,
I
to be sold is a tract and parcel of land - w /
r= M improvements located thereon, located in 1 \ j
1 County, North Carolina and more partic!
1-3 --66
),-
4
,C.I.:4% e_, / follows:
=
t„, g gel, (33Z Y. /3. 13. 2. 04-. ,
,...,
Lt.)
V) 5
-- g BEGINNING at a concrete monument, the Southeast corner of the
A. W. Kenion estate, which said marker is located North 5 !„
8 deg. 44 min. East 75.85 feet from an iron stake on the North •
side of U. S. Highway. No. 70, the Northeast corner of Paul i.
Collins, running thence from said beginning point with the
line of Kenion North 5 deg. 44 min. East 300.20 feet to a i
concrete monument; thence continuing with Kenion North 43
cr, s=t
c= deg. 13 min. East 334.72 feet to an iron stake in the center ,.
6 2 of the old Cedar Grove-Hillsborough Road; thence along the
la4
. a= center of said Road Sodth 22 deg. 20 min. East 229.15 feet to
:a
an iron stake, the Northeast corner of the 011ie Cooper lot;
. ZZ
4J thence with Cooper South 67 deg. 40 min. West 128 feet to an
iron stake; thence with Cooper South 8 deg. 57 min. East 97.7
,...,.
. c..3 feet to an iron stake; thence continuing with Cooper North
.,..,
cz.
67 deg. 40 min. East 150 feet to an iron stake in the center
. ;....z. of the old Cedar Grove-Hillsborough Road, thence with the
center of said Road South 22 deg. 20 min. East 280 feet to an
iron stake in the Northeast corner of W. John Clayton; thence
with Clayton, Hall and Hogan North 87 deg. 42 min. West
1
60,530 PACE
270.37 feet to an iron stake, the Northwest corner of Paul
Hogan; thence with Hogan South 6 deg. 02 min. West 163.92
feet to an iron stake in the North right of way of U. S.
Highway 70-A; thence along said Highway North 66 deg. 06 min.
West 228.65 feet to an iron stake, the Southeast corner of
Paul Collins; thence with Collins North 5 deg. 44 min. East
75.85 feet to the place and point of beginning, according to
survey and plat of Property of Brodie S. Carr, surveyed
September 27, 1960, by Robert A. Jones, Registered Surveyor.
This is the same property conveyed to Lessor from Brodie S.
Carr, widower, by deed recorded at Book 227, Page 1448 of the
Orange County Registry.
2. The Lease. The lease will commence July 1,
5 1985 and terminate June 30, 1989. The following rent shall
be paid to the Lessor by the Lessee on or before July 1 of
the year indicated:
1985 $50,000.00
0 1986 $56,250.00
1987 $56,250.00
1988 $56,250.00
3. Purchase of Property. Provided that all of
the terms and conditions of this lease are met, on July 1,
W .
1989 Lessor agrees to sell and Lessee agrees to buy the
x property herein described upon the payment to Lessor by
Lessee of the sum of $56,250.00.
8 4. Conditions. The following conditions must be ,
established to the satisfaction of Lessor prior to July 1, ?'
1985 and as a condition to Lessee's obligation to perform any
and all of the terms of this lease/purchase contract:
(a) There must be no restriction, easement, zoning
or other governmental regulation that would prevent the
reasonable use of the property for commercial purposes.
2
•
•
• • eoef.530 rAs•E 124
(b) There- must be no encumbrance or special
assessment, either pending or confirmed, for sidewalk,
paving, water, sewer or other improvements on or adjoining
the property.
(c) The electrical, plumbing, heating and cooling t-
1.7
systems must be in good working order on July 1, 1985 as
determined by Lessee. Any repairs to any of the systems
described in this subsection necessary to satisfy this
condition shall be done by Lessor or at the expense of Lessor
5
prior to July 1, 1985.
3
(d) Presently the roof over the canopy of the main
building on the property needs repair. This repair shall be
0 done by Lessor or at the expense of Lessor prior to July 1,
1985.
(e) Possession shall be surrendered to Lessee on
July 1, 1985. Any damage done to the premises by Lessor in
vacating shall be repaired by Lessor and at the expense of
• 1 Lessor prior to July 1, 1985.
0
(f) On July 1, 1985 Lessor shall have fee simple
•
8 marketable title of the premises, free of all encumbrances
except ad valorem taxes for the year 1985. On July 1, 1989,
provided all, of the terms and conditions of this
lease/purchase contract are met, Lessor shall deliver to
Lessee a general warranty deed for the property and the title
on July 1, 1989 must be fee simple marketable title, free of
all encumbrances except ad valorem taxes for the year 1989.
3
• toeK530 PacE 125
During the term of this lease Lessor agrees not to in any way
encumber the property.
5. Prorations and adjustments. The following
items shall be prorated and adjusted between the parties or
paid at the closing of the sale of the property on or about
July 1, 1989:
(a) Ad valorem taxes on the property for the year
1989 shall be prorated on a calendar year basis to the date
O of closing.
(b) Ad valorem taxes on the property and on
personal property of the Lessor for all of the years prior to
1989 and as to personal property for the entire year of 1989
O shall be paid by the Lessor.
(c) All late listing penalties and interest, if
any, shall be paid by the Lessor.
6. Termites, etc. Lessor shall provide at the
expense of Lessor a statement showing the absence of
a
2 termites, wood-destroying insects, and organisms and
1 structural damage therefrom on Standard Form No. 1 in
8 accordance with the regulations of the North Carolina
Structural Pest Control Committee. All extermination
required and repair of damage therefrom shall be done by
Lessor or at its direction and the cost therefore paid by
Lessor the same to be completed prior to July 1, 1985, unless
otherwise agreed in writing by the parties.
4
' •• • eft*:530 PACE In
7. Maintenance. From and after the time Lessee
takes possession of the premises it shall be the
responsibility of Lessee to maintain the premises, both
inside and outside in neat, clean and orderly condition at
all times.
8. Utilities, Taxes and Other Charges. During
the term of this lease Lessee shall pay for all utilities and
services provided by any and all public and private utility
0 providers, including, but not limited to electrical,
S
telephone, water, and sewage, as such become due and payable.
Lessor agrees to pay all taxes and assessments during the
term of this lease, including but not limited to municipal,
0 county and state taxes assessed against said premises which
are incident to the ownership of said premises. Lessee
agrees to pay any and all license fees, occupation taxes and
privilege taxes resulting from its occupation and use of the
premises as such become due.
2 9. Improvements. Lessee shall have the right to
make any and all improvements, temporary or permanent, to the
premises as deemed necessary and desirable by Lessee for its
use of the premises. All such improvements shall be made at
the expense of Lessee. Any such improvements which are made
to the premises which cannot be removed without damage to the
premises shall become a part of the premises and upon the
termination of this lease shall be the property of the owner
of the premises. During the term of this lease all such
5
too530 pAct 127
improvements shall be deemed leasehold improvements and shall
be the property of the Lessee. Any additional ad valorem
taxes resulting from any such permanent improvements shall be
the responsibility of the Lessee.
10. Assignment. This lease shall not be
transferred or assigned. Lessee may sublet all or any part
of the premises and shall have no obligation, to notify Lessor
of any such sublease.
11. Fire or Other Casualty. Should the main
E building (formerly housing a supermarket) on the premises be
A
damaged by fire or other casualty, and that building become
untenantable either in whole or in part, Lessee at its option
0 exercisable by delivery of written notice to Lessor within
thirty (30) days after the occurrence of such damage may
0
elect to repair or rebuild it. If this option is exercised
such repairs or rebuilding shall be commenced and completed
with reasonable dispatch, and the rent shall be abated during
2 the time, and to the extent to which the premises shall be
untenantable. Provided, however, that in the event the
8 damage is caused by the negligent acts of the Lessee, its
agents or employees, then there shall be no rent abatement.
In the event Lessee exercises its option to rebuild, it shall
do so at its own expense, subject however, to the provisions
contained herein in the paragraph titled °Insurance." In the
event Lessee does not exercise its option to repair or
rein ld the main building, then this Lease shall terminate as
6
- 8.0gr 530 PAGE 128
•
of the time of the occurrence of such damage and rent paid to
Lessor for the year in which the termination occurs shall be
rebated to Lessee pro rata.
The loss or destruction of any building on the
premises other than the main building shall not affect this
lease. However, Lessee may at its option and upon giving the
notice provided above to Lessor, repair or rebuild any such
building. Repair or rebuilding of any building other than
the main building shall be done at Lessee's expense, subject
tz however, to the provisions contained herein in the paragraph
titled "Insurance."
12. Insurance. It shall be the responsibility of
0 the Lessee to insure the premises for fire and extended
A
i coverage during the term of this lease and to maintain said
2 insurance on the premises for the term of this lease. In the
event this lease is terminated because of damage by fire or
other casualty as provided herein in the paragraph titled
"Fire or Other Casualty," the proceeds of such insurance
5r 4,
shall be paid to Lessor and Lessee as their interests shall
appear. In all other cases of loss by fire, other casualty
or any other cause resulting in insurance claim and payment,
the entire proceeds of such insurance shall be paid to Lessee J.
notwithstanding any provision in the insurance policies
•,..,
concerning payment. Should Lessor receive any such insurance
payment from the insurance carrier, it shall immediately pay
over or assign over to Lessee any such payment.
7
too530 ?AN. 129
13. Leases. Lessor agrees that on July 1, 1985
all presently existing leases shall be the property of
Lessee. Lessor agrees to assign said leases to Lessee and to
execute any and all instruments necessary to accomplish the
- transfer of ownership of any such leases. Rent due the
• Lessor on July 1, 1985 for any such lease shall be prorated
• to July 1, 1985 and either adjusted or paid to the
• appropriate party at that time. Any security deposits being
10 held by Lessor shall be paid over to Lessee on July 1, 1985.
5
Lessee shall account to any tenant as provided by law for the
security following the assignment of the lease of any such
tenant.
0 14. Default. In the event of default this
lease/purchase contract shall terminate and Lessee shall
immediately surrender the premises to Lessor. As used in
this lease/purchase contract, the term "event of default"
means the occurrence of any one or more of the following
events:
(a) Lessee fails to make any lease payment as it
becomes due in accordance with the terms of this lease, and
any such failure continues for thirty (30) days after the due
date thereof.
(b) Lessee fails to perform or observe any other
covenant, condition, or agreement to be performed or observed
by it hereunder and such failure is not cured within thirty
(30) days after written notice thereof by Lessor.
8
• Bor.530 PACE ta)
15. Lessee's Remedy of specific performance. The
agreement herein contained by Lessor to convey by general
warranty deed the premises to Lessee on July 1, 1989 upon the
payment by Lessee of the sum of $56,250.00 to Lessor and upon
the satisfaction of all other terms and conditions of this
lease/purchase contract shall be specifically enforceable by
a court of law in the event Lessor refuses or is for some
reason unwilling or unable to convey the premises to Lessee.
O 16. Nonappropriation of Funds. In the event no
funds or insufficient funds are appropriated and budgeted or•
are otherwise unavailable by any means whatsoever in any
2• fiscal period for lease payments due under this lease, then
O the Lessee will, immediately notify Lessor of such occurrence
and this lease shall terminate on the last day of the fiscal
period for which appropriations were received and the lease
payment was made. In the event of such termination, Lessee
agrees to peaceably surrender possession of the premises to
Lessor on the date of such termination. Such termination
shall be without penalty or expense to Lessee of any kind
whatsoever except as to the portions of lease payments herein
agreed upon for which funds have been appropriated and
budgeted or are otherwise available.
17. Notices. All notices to be given under this
lease shall be made in writing and mailed by certified mail,
return receipt requested, to the other party at its address
set forth herein or at such address as the party may provide
9
e°0100 PAGE 111
in writing from time to time. Any such notice shall be
deemed to have been received five (5) days subsequent to
mailing.
18. Section Headings. All section headings
contained herein are for the convenience of reference only
and are not intended to define or limit the scope of any
provision of this lease/purchase contract.
19. Governing Law. This lease shall be construed
in accordance with and governed by the laws of the State of
5 .
" E North Carolina.
20. Closing Expenses. Lessor shall pay for the
preparation of a deed and for the revenue stamps required by
1
0 law. Lessee shall pay for recording the deed and for
§ preparation and recording of all instruments required to
effectuate the sale of the premises other than the
preparation of the deed.
21. Survival. Any provision herein contained
which by its nature and effect if required to be observed,
kept or performed after the closing shall survive the closing
8 and remain binding upon and for the benefit of the parties t,
hereto until fully observed, kept or performed.
22. Parties. This contract shall be binding and
4
shall inure to the benefit of the parties and their heirs,
successors and assigns. As used herein, words in the i
singular include the plural and the masculine includes the
feminine and neuter genders, as appropriate.
10
a 061530 PAGE 132
23. Entire Agreement; Waiver. This contract
contains the entire agreement of the parties and there are no
representations, inducements, or other provisions other than
those expressed in writing. All changes, additions, or
deletions hereto must be in writing and signed by the
parties. Any provision of this lease/purchase contract found
to be prohibited by law shall be ineffective to the extent of
such prohibition without invalidating the remainder of this
0 lease/purchase contract. The waiver by Lessor or Lessee of
5
0.. 1 any breach by the other of any term, covenant or condition
1 hereof shall not operate as a waiver of any subsequent breach
1 thereof.
4
0
g CARR'S SUPERMARKET, C.
0
1 Pres'dnt
i
fre_if t 1..5 ,
A EST: (Corporate Seal) 0"4100114- .
tge7-:),-0„,-"v -'1,7•.(:-v-
Ltx.p.,':
Seer- ary
NORTH CAROLINA retifes.efin. v.-Ws' .
1 ORANGE COUNTY
8
This is to certify that on the Jb r day of
, 1985, before me personally came J IL.. r- ,
th Iwhom I am personally acquainted who, being by me duly
-
sgorn, says that ltat he0ohe is the -KvnaSellfsci-. , and that 1
' a.cl
cltkeN 4 is the of Carr's Supermarket, Inc. ,
the corporatio described in an which executed the foregoing
,
instrument; that ftw'she knows the common seal of said
•• corporation; that the seal affixed to the foregoing
instrument is the common seal, and the name of the
corporation was subscribed thereto by the lasate±, and that
11
:
‘.
,•r:- ... L 7; -
.,---
. . • • - -
. .
, •
• o530 MOE 133
.,.,„
said kinititch and SEbx-etkry subscribed their names thereto and
the common seal was .-a.ffitedby-order- of---the-board--of— - -- •
direatbi.d-of said-corporation, and that the said instrument
is the act and deed of the corporation.
-
..-'
I
Witness my hand and official seal, this the
I V
day of ..i. r ..Li._, 1985.
FA Loa- • ...4.11 .... ...
s. GA ..0 ary • blic
My commission expire r:5"S .0
T I'X."' _ ••.. 'CZ NOTARY
'-`
PUBLIC cs
•
If- .
E COMITY „
o weCOU% ' (41.c..gelti/(
I s
i
g • Chai an, Orange County
Commissioners
Board of Commi
1 -CrAff.,1k, . .•
,*c.7,.:,.. -ple.:1•..i..-5 -
V A45e"... .;..:-P,7-1',$,Ci.ii..f•
1 ATTE :
(Official sea. -A-li;t .r.tif-at4i.,,,
. Clerk to e Boar f Commissioners ;4 ' -4.1:;:-.S. sw.'-‘:.,.••9.,:_c•
if.•:• ....r"" r.1. C.4.1.'',.,,.•
1 NORTH CAROLINA
tvir-
c,
,..-•;-14.....) ,Till,),-4„.,ft.));.ii
2 ORANGE COUNTY '1.;,& 4*,• 1)j"
te,.1.:r...•:,,d2r-,,,4.: *,
This t - ,,.. . da of 4_ ,. 1.987,'ApersOnally
came before me '9:::,, J ' , who, being by me duly
sworn, says that she , -th. corn n seal of Orange County
a
g. and is acquainted with , who is Chairman
of the Boa : of Corn. "ssioners of Orange County, and that she,
- § -
t4 caid -4,, „, „,„.,--s2„%ned-her--name--ia_atte_stat2on-...oz_____________
1 the execution • sai instrument in the presence of said
Chairman of said Board of County Commissioners.
8•
day of 142,;;:esT9:1L hand and official seal, this the 23h,(
..„,--, '7.- Publi
.4,■ '' ,:,
My ompission expires:
NOTARY ) 116 istramesi his ken prettaited lit Wet
PUBLIC ,cs, moms maim! b the Low Government
Bodget and Fisted Control Att.
•1.4),,, _,,.
/too rtC04.---------- ... .
–........___I—__ . 12 ...
Roue Water of &awe Came
NORTH CAROLINA-ORANGE COUNTY
The foregoing certificate(s)of
• Notaries) Pu lic of the designated Governmental units are)certified to be correct.Filed for registra-
tior!! fl1 :.7:s::f!71-1.._ : ":11:::: ::::::::iiiiii71-: 85 ,at---10i777):1;74-"
530
in Record Book_ 122 Page Beilhaviit.. .-q: :yes,R-. e of D-eds ''
Return: - By:
r --AsEisterreDe• tV
Register of i eeds
EZUMMESIREIMOmaorssoeserow........—____
x
' ' NORTH CAROLINA LEASE/PURCHASE CONTRACT
ADDENDUM
ORANGE COUNTY
. This lease/purchase contract addendum entered into
t".: this the 17th dy of December, 1985 by and among Alfred L.
tc.."1 - Carr and wife, Phyllis M. Carr , Edsel L.. Carr and wife,
IRMargaret W. Carr, Julian W. Carr (unmarrled) , hereinafter
4 collectively referred to as Lessor and Orange County,' North
1-)1 Carolina, hereinafter referred to as Lessee,
vl Lessor and Lessee hereby agree to the following
: 1 changes in the lease/purchase contract which is recorded at
P 74
ci) 1 Book 530, page 122 of the Orange County Registry and as
?3) ! amended in the lease/purchase contract addendum recorded at
'8 g Book 546, page 617:
g Paragraph number 2 of the lease/purchase contract
in -, is hereby amended to read as follows:
r4 a
g 2 2. Ths_112.2s2.. The lease will commence
0 October 30, 1985 and terminate October 29, 1989.
ixl 8 The following rent shall be paid to the Lessor by .
5.1 the Lessee on or before October 30 of the year
'cia)43:
1985 $50,000.00
1986 $56,250.00
1987 $56,250.00
1988 $56,250.00
Paragraph number 4 (c) is amended to read as
follows:
(c) The electrical and plumbing systems must
be in good working order as determined by Lessee on
October 30, 1985. Any repairs to either of these
systems necessary to satisfy this condition shall
be done by Lessor or at the expense of Lessor prior
„c
=
to October 30, 1985. The heating and cooling
systems must be in good working order as determined
0 by Lessee at the time that Lessee completes its
renovations to the premises. Any repairs to either
the heating and cooling systems necessary to
0 satisfy this condition shall be done by Lessor or
at the expense of Lessor and shall be completed
„c
8 within 10 days of the date of a completion of
the renovations of the premises by Lessee.
2
•
a", • . •
?,. : .
...
., .
4 ' .
lc
Alfrt
i j'eI.41/14a79w*
,.;
Phyl /"••• M.. Carl A
/ ..,74.7 -avviti.,-
, . Edml L. Carr
VMA-froCA•L"t 71.- 44,14..,----
, - • -• et (W. Carr
/I-
• ,..-&e4A-
ir
J an W. Carr
ORANGE SUNTY 1•4.
/
, <
, E BY: / 1 1,...... _ ....... 1 .....„
; a Chaff man, orange Co nt
Board of Commissioners
•
V -
' 8
, I ATTEST: (Official Seal)
- i
Aer-e.e.e (2 04/.,
Clerk to t e 4 Board o ommissioners
0
0 NORTH CAROLINA
ORANGE COUNTY
6 I, ,..5herrt4 b. ,711A-dlit , a Notary Public
es
of said State and" eibunty do hereby certify that Alfred L.
Carr and wife, Phyllis H. Carr, personally appeared before me
this day and acknowledged the due execution of the foregoing
Lease/Purchase Contract Addendum.
a Witness my hand and official seal, this the Reigj
osgye I; „ 0,-,•-• , 1985.
.................
/ 1'1'
•. ,, 411.A.a 41rAb - At.4../. ..1A-Agidli
OTARY 1 = .
1-. • --No ary Pib --ic
. DUBLit I
„07•4•1y comrkessfon expires:
1 --4s,.... .0 • 4,,P
... 'V/ ** ••• . $
"°•# Ge I
'
3
, •
i
,
G b--0 12...g R..
'' NewmesEmEEREF • .
' I
COBB COUNTY
I, c eg,i,,t,„ , a Notary Public .
of said State and County do hereby certify that Edsel L. Carr
I and wife, Margaret W. Carr, personally appeared before me
this day and acknowledged the due execution of the foregoing
Lease/Purchase Contract Addendum.
ii "ad
Witness my hand and official seal, this the ./4p0 . .
day of .Pecembei- , 1985.
peltr,e,,, zsr0.,47-zi,- .
. • Notary Public
' tg
- '.My commission expires:
•4
• •gt-ty C 30-''.13 •
' ;. •■ . E vcsri tnt:1*.!,re.1:.:../.1--', ,.r. .......,
, , '• . 1 ...4,442x. .7;:ir,L',.;,ircs i'me.13*•""
Held \MAW
—NeRELH-.4Wftbbgh
• 2
Ts ilj&a-t,he.gter COUNTY
. I r VINCENT G. RUSSO , a Notary Public
ti of said State and County do hereby certify that Julian W.
Carr personally appeared before me this day and acknowledged
Ithe due execution of the foregoing' Lease/Purchase Contract
Addendum.
-14i)
Witness my hand and official seal, this the /.7
day of tkceo,iter2, , 1985. J
I .
z Li: s.... • .
g Notary Public
8 Notary Pune.&tam nf New York
My commission expires: No. g0-45M.719 . •
011atifil'fi In WM tC1)9Ster
114 elZti 30s7 COrafita fi on Explrear:CTCl NCOa M AUIV,
i
•
NORTH CAROLINA
ORANGE COUNTY
This th- ..10714 thy of Deefinher ,. 1985, personally
came before me / ' ,-; r , -. . . 41 i s•!'G. , who, being by me
duly sworn, says tha she know- the common seal of Orange
County and is acquain ed with , who is
• 4 - .
•
Chairman of the Boarllof Commissionevs of Orange County, and
that she, the said d cvcrin f4A910,11w. , signed her name in
attestation of the execution of/ said instrument in the
' presence of said Chairman of said. Board of County
Commissioners.
Witness my hand and official seal, this the A944
, day ofiRmkpz,, , 1985.
• -
4 4-4
NOTARY /12.41 .
Notary PuBlic
PUBLIC
My ,f-*vo.lissi• .. V-•ires:
jjoj ,Cr. I .
_ ;04- f'
7
0
< .
2
t2
8
II •
•
5
t57.0
NORTH CAROLINA LEASE/PURCHASE CONTRACT
ADDENDUM
ORANGE COUNTY
This lease/purchase contract addendum entered into
this the day of-4f6r&, 1985 by and among Alfred L.
Carr and wife, Phyllis M. Carr , Edsel L. Carr and wife,
Margaret W. Carr, Julian W. Carr (unmarried) , hereinafter
collectively referred to as Lessor and Orange County, North
Carolina, hereinafter referred to as Lessee,
a WITNESSET H:
Lessor hereby agrees to be bound by and to comply
with each and every term and condition of that lease/purchase
contract between Carr's Supermarket, Inc. and Orange County,
North Carolina, dated July 16, 1985 and recorded at Book 530,
page 122 of the Orange County Registry, as though Lessor had
executed the said lease/purchase contract and for the
consideration to the Lessor contained and expressed in the
said lease/purchase contract . A copy of the said
a
lease/purchase contract is attached hereto, a part hereof,
and incorporated herein by reference.
•4
/ 4-1;6i- Je4,3,1)
A lf,/V L. Carr
P yll M. Car
E,4
L. 'Carr
Marg ret/)W. Carr
1
V.
• r
/fl
W. Carr
0* .NGE0UNSY
BY: 84,1/4_ (A/JeZ4/
Chairman, Orange ounty
Board of Commissioners
AT . * : (Official Seal)
Aee ,og,L
Clerk to e Board .f Commissioners •
NORTH CAROLINA
5 ORANGE COUNTY
kAerai oti , a Notary Public of
said State and Couuy do hereby certify that Alfred L. Carr
a and wife, Phyllis M. Carr, personally appeared before me this
1 • day and acknowledged the due execution of the foregoing
Lease/Purchase Contract Addendum.
el .sts vvvvvv t vvv
L ..... Witness my hand and official seal, this the 43114-.
§ „ 1985.
i .
g
: NOTARY r: A 4. A •
L.47.' = Punic C
o'ary u lie
F, e24 comm,escs*n expires:
,
'04,{1Z tatit4 .
....imuo...
NORTH CAROLINA
• ORANGE COUNTY
I, "16rtlk L. Jrx0m) , a Notary Public of
said State and Coulixy do hereby certify that Edsel L. Carr
1 and wife, Margaret W. Carr, personally appeared before me
this day and acknowledged the due execution of the foregoing
Lease/Purchase Contract Addendum.
• •
2
,' ..
A"CI
Witness my hand and official seal,, this. the
Avi.ofAle, , 1985. . -0
4.%&...,.........„A. ,..
Pr/ •-,. 11. ii i i k i 1 A . 41.... 44
*.
•
ii 1 oT ARY 1 I 1 ary P . -ic
.. • I =
- •
; Walabl0 iV irtin expires:
S 0.% —
• ,
' VE C1310,:•%%
.
.............
NORTH CAROLINA
ORANGE COUNTY . . .
• I, 11/44v Al. 0ilic114-- , a Notary Public of
• Said State and County do hereby certify that Julian W. Carr
D personally appeared before me this day and acknowledged the
5
, due execution of the foregoing Lease/Purchase Contract
• (
Addendum.
E
#., Wit ess my hand and official seal, this the
d day of ‘' , 1985.
k41e0-11444*"' "-- •
' 1
4 Notary P blic
TVA M.GLICKMAN, Natal/ge21k ,
• R'
0
ff My commission expires: State of Hew York #31-854441%.
o MA ilrAot 50 I/“:> Qualified In New York County
• Cort. filed in Westchester COMP2_,
Cl I
'- mission Expires March VI rpil4; .
NORTH CAROLINA
• ORANGE COUNTY
0
g
I . This he 14,21 day of 02.142.6c, 1985, personally
came before me illn, i01t. , who, being by me duly
i sworn, says that she knows 'the seal of Orange County
....
• and is acquainted with 46,--) td4,4,0"- , who is Chairman
8 of the Bo- • of Coni .iss'oners of Orange County, and that she,
the saidvAlavert A"._40 .."? •, signed her name in attestation of
the execution or sa d instrument in the presence of said
Chairman of said Board of County Commissioners.
Aotalvss my hand and official seal, this the
day 2
. 4k Ar.!! \985.
,......--
///
'eA.91
f NOWN
\ puffin it i
NotalIVPublici&61V-
I
/. ,/ -
My •-0A;torsic4_ res.
I .ii•.\ t ,-*--r--.---- ' ig,'•
:
• 3
•
,-•
ORANGE 'COUNTY.
i • -
BOARD OF COMMISSIONERS . ACTION AGENDA
. .
- - ACTION AGENDA ITEM ABSTRACT ITEM HC -
MEETING IIATE JULY 3, 'ORS .. -
• •
•
- SUBJECT: Adoption of the 1985-86 Budget Ordinance . • . -
. .
. . .. ,
-
' DEPARTMENT: county Manager . PUBLIC HEARING: . YES x HO - ''. I
- _ __.
. - . . .
- .
.
ATTACHMENT(S): . . - . _INFORMATION CONTACT: COUNTY MANAUX "
• ' . .
• " . .
PHONE NUMBERS: HILLSBOROUGH - 732-8181
: HILLSBOROUGH - 732-9361
. .
, .
CHAPEL HILL - 967-9251
. .
. _ . . . . •
• MEBANE - 227-2031
. . . .. .
- . •
• • . . - DURHAM - 68877331
. . •
. . • . ., .
. .
. .
- - -
PURPOSE: For the BOard of Commissioners to levy taxes and appropriate funds for .
the period of .July 1, .1985' thrOixgh June 3(4. 1986' by adopting the 1985-86 -
. - Budget Ordinance.
. .
• •
. . •
• . _
' .
-- .
. . • .
• • • • - ..
• • " -
• ' -: - - •• •. -
. ,
- . - • • . .
- .
. - . . . .
• ; .
. . . .
NEED: According to the Local Government Budget and Fiscal. Contrpl Act, the •
- • governing board shall- adopt a budget ordinance not later than July i. . . -
. .. • . .
•
. .
- .. - ' • • '
. .
• -
' • ,
. . . .
• - ' • ` • • - -
. . - .
. -
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• • .
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' - . . . • '
... .. .. .. - •
•• .
.• -
- - . -
•
•
' --
. -. .
• '
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. .
•
. -
IMPACT: If the budget ordinance is not adopted until after July: 1, 1985, the - •
Board of Commissioners "shall make interim appropriations for the .
•
• : purpose of paying salaries, debt service paylitents and usual ordinary
expenses of the local government for the interval between the beginning •
..
of the budget year and the adoption of the budget ordinance. Interim -
.
appropriations so made shall be charged to the proper appropriations
in the budget ordinance." -
. -
- . .
RECOMMENDATION(S): Approve motion to adopt the 1985-86 Budget Ordinance. .
' .
. . -
ORANGE COUNTY BUDGET - PROPOSED 1985-86
MANAGER'S JUNE 24 WALKER'S JULY 3
MARKUP PROPOSAL PROPOSAL
1 County Commissioners 142,514 (1,485) (1 ,485) (1 ,485)
2 Courts 35,198
3 Elections 154,319
4 Register of Deeds 269,101
5 Soil & Water 65,394
6 County Manager 196,497
7 Personnel 128,618
8 Finance 185,977 ,
9 Purchasing 95,096
10 Tax Supervisor 399,933
11 Land Records 116,590
12 Tax Collector 147,575
13 Child Supp. Enforc. 84,894
14 Data Processing 236,978
15 Planning 514,737
16 Economic Devel . 62, 635
17 Central Svcs 394, 185
18 Social Services 2,684,077 12,300 9,300 12,300
19 Health 1 ,369,806 30,000
20 Ag Ext 25,000
144, 129
21 Emerg Food Asst 2,500
22 Recreation 317,243 11 ,500 11 ,500 11 ,500 *
23 Aging 208,578 22,658 11,824 20,000
24 Sch- CE- CH 3,568,446 50,580 136,566
25 Sch- CE- OC 3,382, 193
53,340 144,018
26 Sch- CAP- CH
578, 130 54,935 50,000 54,935
27 Sch- CAP- OC 679,400 54,935 50,000 54,935
28 Comm for Women 25,217
29 Sheriff 1 ,768,685 8,400 9,586 9,586
30 ABC 68, 206
31 Emergency Services 857 ,751
32 Forest Service 27, 732
33 Medical Examiner 10,000
34 Public Works 1 ,252,725
35 Lake Orange 2,000
36 Lake Michael 8,000
37 Classification study 0
38 Salary Costing- OC 142,882
39 Salary Conting- Sch 228,664
40 Debt Service 812,868
41 Trnsf to Reval 52,500
42 Trnsf to OC Cap Rsry 275,000
43 Trnsf to Sch Cap rsv 1 , 100,000
44 Contingencies 50,000
45 Trnsf Animal Shelter 20,000 9,250 *
46 Trnsf Old Courthouse 78,203
47 Trnsf Efland Sewer
10.000
48 Trnsf Tax A Records 4,000
49 Trnsf Cedar Grove 25,000
*
50 Trnsf Solid Waste 28,000 *
51 Trnsf Remapping 89,946
52 Adolescents in Need 30 , 600 29 , 072 29 , 072
53 Volunteers for Youth 1 , 000
54 Home Health Agency 15 , 000 10 , 000
55 Art School 5 ,000 5 , 000
56 Planned Parenthood 13 , 000 10 , 000
57 Wholistic Health
58 Women ' s Center 6 , 000 6 , 000
59 OPC Mental Health 335 , 250 15 , 941 11 , 000
60 Municpl Rec Support 88 , 000
61 Mun Rec Supp-Mebane 2 , 500
62 Orange Industries 25 , 000
63 Library-CH 91 , 476 27 , 837 27 , 837
64 Library-OC 141 , 300 9 , 700 9 , 700
65 Library-Mebane 556
66 Infrastructure study
67 Dispute Settlement 12 , 000
68 Historical Comm 3 , 000
69 JOCCA 40 , 929 2 , 071 1 , 071
70 Museum - 4 , 000
71 Shelter Home 106 , 793 8 , 287
72 Phillips Project 5 , 446
73 Janus House
74 Rape Crisis 12 , 800 1 , 200 700
75 Battered Women 9 , 450 2 , 550 1 , 550
76 Women ' s Health 16 , 500 ( 1 , 500) ( 1 , 500 ) (4 , 300)
77 Child Care Netwks 30 , 600
24 , 026 , 502 320 , 642 272 , 217 592 , 522
REVENUE ADDITIONS
GEN. REVENUE SHARING (50% OF LAST 3 QUARTERS) 263 , 250
GEN. REVENUE SHARING ( 100% OF LAST 3 QUARTERS) 526 , 500
GEN. REVENUE SHARING ( 25% OF LAST 3 QUARTERS) ( 131 , 625 )
PROPERTY TAX INCREASE ( 1/2 Cent) 110 , 000
SALES TAX RESERVE 8 , 967 84 , 500
ANIMAL TAX ( increase to $5 . 00 ) 9 , 250
TOTAL 272 , 217 598 , 625
* TRANSFERS TO CAPITAL RESERVE
L 22 - RECREATION 11 , 500
L 45 - ANIMAL SHELTER 20, 000
L 49 - CEDAR GROVE 25 , 000
L 50 - SOLID WASTE 28, 000
TOTAL TRNSFR TO CAP RSRV 84 , 500
JULY 3 , 1985
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ORANGE COUNTY COMMISSIONERS
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.. DON WILLHOZT ORANGE COUNTY BOARD OF COMMISSIONERS
CONTINUED NEETTNG (X JULY 1,
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,:.... • . • • TO BE HELD JULY 3, 1985 •
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The Orange County Board of Coranissioners will met on
Wednesday, July 3, 1985 at 7:30 p.m. in the Siperior
::: • • Courtroom, Ei.11.4.)orough, North Carolina.
-,„ The agenda for the iteetina is as follows:
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. 1. Appoinbrents • . .
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2. Lease Agrent-Carr Store Facility
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3. Budget
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OFFICIAL COPY
APP. 11/19/85 1
MINUTES
ORANGE COUNTY BOARD OP COMMISSIONERS
COTINOID MEETING FRUI4 JULY 1, 1985
JULY 3, 1985
The Orange County Board of Commissioners met in continued session on July
3, 1985 at 7:30 P.M. in Superior Courtroom, Orange County Courthouse,
Hillsborough, North Carolina.
CCRIIMIONERS PRESENT: Chair Don Willhoit, and Commissioners Shirley
Marshalll, Moses Carey, Ben Lloyd and Norman Walker.
AMM,EX .i. Geoffrey Gledhill.
$ T: County Manager Kenneth R. Thompson, Assistant County
Managers Albert Kittrell and William T. Laws, Director of Finance Gordon
Baker, Clerk to the Board Beverly A. Blythe and Director of Personnel Beverly
Whitehead.
A. BOARD COMMBNTS
None.
AUDIT fYltYtx:
None.
Bt]ARD, r Z7'H
Motion was made by Commissioner Carey, seconded by Ccnnissioner
Marshall to appoint Riley Wilson to the Board of Health.
VOTE: UNANDIOUS.
LID tM.ME mA, F
Motion was made by Commissioner Marshall, seconded by Commissioner
Carey to appoint Martha Keating to this committee.
VOTE: UNANIMOUS.
9XM MEWERmaw F
Motion was made by Commissioner Carey, seconded by Commissioner
Marshall that Arthur L.P. Brown, De Witt S. Brown, Jeanette G. Eddy, Betty
Francisco, Terrance Greenlund, Watts Hill, Jr., Norman Loewenthal and Sandra
H. Siegal be appointed.
VOTE: UNANIMOUS.
Motion was made by Commissioner Lloyd, seconded by Norman Walker to
appoint the remaining seventeen people listed that reside in the Orange County
School District.
After some discussion it was decided that the task force should be
comprised of 30 members.
Chair Willhoit nominated Elizabeth C. Wells and Richard
Hildebrandt.
Commissioner Lloyd nominated Jeanette Jones, Anthony V. Seaber,
Ralph C. McBroom, John T. Walker, Katherine Knight, Edwin Riley, Richard
Roberts, and Robert M. Rose.
Commissioner Marshall nominated William Richardson and J.M.
Murfree.
Commissioner Lloyd withdrew his previous motion and made a motion
to appoint the twelve matinees listed above. Commissioner Walker seconded the
motion.
VOTE: UNANIMOUS.
Motion was made by Chair Willhoit, seconded by Commissioner
Marshall to appoint Richard Hildebrandt as Chair of the School Merger Task
Force.
VOTE:ADDMti
r , 3: NOES, 2 (Commissioners Lloyd and Walker).
2i.M4k1 Y ! J�yia�. x ��� JON; :i r 9 ,"_J11._ (copy of letter is in
the permanent agenda file)
The letter asked for the County's interest in forming 2
agcy partnership to combine the cost of a production ca lecast
all public meetings. p package to cablecast
Motion was made by Cc:rmissioner Carey, seconded
Marshall to agree in principal to this idea only with a final by to be
brought back to the Board.
VOTE: UNANIMOUS.
D_ MS JD2 DHCLSZN
Kenneth Thompson presented for consideration of approval, a
lease/purchase agreement for the Carr Store Building. The building will be
leased for four (4) years at which time the County will awn the building
Geoffrey Gledhill corrected paragraphs eleven and twelve of the
agreement and summarized the changes.
Motion was made by Commissioner Carey, seconded by Commissioner
Lloyd to approve the lease/purchase agreement per the terms attached,
including the corrections by Gledhill, and authorized the chair to sign.
VOTE: UNANIMOUS.
2. Atio�mYC�nt �' ' 1985 86 BtEGE*r � (the revised markup list
is in the permanent agenda file in the Clerk's office)
Kenneth Thompson referred to the revised markup list indicating a
change in the proposed current expense for the schools. For the Chapel Hill-
Carrboro Schools the proposal includes:
(1) a property tax increase
(2) a per pupil allocation of $718
(3) district tax increase of 1.9 cent
(4) appropriation of $500,000 fund balance
For the Orange County Schools, the proposal includes:
(1) a property tax increase
(2) a per pupil allocation of $718
Commissioner Walker questioned raising the district tax in Chapel Hi11
contending it will create a larger fund balance.
Chair wiilhoit noted that a policy needs to be developed to control the
fund balance and Kenneth Thompson affirmed that a policy or understanding
needs to be reached between the Board of Commissioners and the two school
Board on fund balance.
Chair Willhoit explained the July 3 markup of the Manager's Budget which
totaled $592,522. lie proposed revenue additions totaling $598,625, which
consisted of $394,875 from General Revenue Sharing, $110,000 from a 1/2 cent
increase in the property tax rate, $84,500 transfer from the sales tax reserve
and $9,250 from a $1.00 increase in the animal tax.
Commissioner Lloyd expressed concern about budgeting Revenue Sharing that
may not be received.
Chair Willhoit indicated that the $394,875 increase in GRS was based on
receipt of 75% of what Congress originally authorized and was recommended by
the NC Association of County Commissioners as a conservative approach. He
further indicated that, in the event that the CR5 funds were not received that
amount could be taken from the unappropriated fund balance. Even if the GRS
fund replacement were to be taken from the fund balance, the fund balance
would still be Ahnve the recommended minimum 8% of the total budget.
Commissioner Walker requested the addition of $3500 for rest rooms be
added to the Recreation budget. The Board agreed that $3500 from the County's
capital reserve will be allocated for restrooms,
Chair Willhoit proposed the following tax increases for 1985-86:
(1) 1/2 cent increase in the property tax for school current
expense
(2) 2 cent increase in the district tax, and
(3) 2-1/2 cent increase in the property tax for school capital
reserve.
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As an alternative, Candssioner walker suggested using revenue sharing
and the County reserve (20% of the 1/2 cent sales tax) to fund the budget.
Chair Willhoit noted that the money received from the 1/2 cent sales tax
will be used to replace the projected lost from revenue sharing. He explained
the County would need to replace the monies lost from revenue sharing or
programs would need to be severely cut.
Chair Willhoit requested the Superintendents from both school systens to
respond to the question of their priorities for capital needs:
CERIMAXamtsaam - Dr. Lunsford indicated the Board expects to let
contracts in January, 1986 for occupancy of the expanded portion of Orange
High School in the summer of 1987. At that time or six to eight months prior
an assessment will be made of the needs for additional facilities which will
either be an elementary school or middle school.
- Gerry House indicated the board identified
five capital improvement priorities for a total of 2.5 million. They are (1)
multipurpose space at Glenwood and Bates Bills Eleaentary Schools, (2) air
conditioning at Phillips and Frank Porter Graham, (3) cafeteria
expansion/renaVation and renovation of the media center at Chapel Hill High,
(4) media center expansion at several elementary schools, and (5) kitchen
renovation at several sites. There are no plans for building a new elementary
school.
Commissioner Lloyd asked about revenue growth and Gordon Baker indicated
the revenue growth for 1984-85 was 8% and is projected to be the same for
1985-86. Lloyd stated his feeling that the needs of the schools could be met
without raising the property taxes.
Kenneth Thompson summarized the monies that are expected to be received
from the 1/2 cent sales tax for the two schools.
Commissioner Walker expressed his willingness to compromise and work with
the funds available without raising the taxes. Be suggested leaving the
priority projects as scheduled without moving then up one year. He suggested
using the capital reserve money if needed to balance the,budget.
Commissioner Carey spoke against setting a precedent by using capital
reserve money in this way.
Commissioner Marshall indicated that the Board has no choice but to
allocate $718 per pupil to meet the needs of the schools.
The use of the capital reserve money was discussed with Commissioner
Walker suggesting that the money be kept in an undesignated reserve and
Commissioner Carey stating he would rather keep the money in reserve
designated capital.
Kenneth Thoutson reiterated the long range capital plans for the County.
These are listed on pages 139-143 of the 1985-86 budget document. Totals
between now and 1991 will be 21-million which does include schools but does
not include the expansion of the court facilities.
Commissioner Marshall noted that not only will revenue sharing be cut
next year but other federal cuts will be forthaming for Social Services and
other departments. There are many federal mandates that must be met.
BREAK
Chair Willhoit addressed the question of the school capital reserve.
It is very clear that the needs of the schools far exceed the amount on the
priority list and this list will continue to grow each year. The roofs on the
second priority list will also need to be addressed.
Chair Willhoit summarized the two proposals:
(1) $718 per pupil
1/2 cent increase in the property tax for current expense
2 cent increase in the district tax
2-1/2 cent increase in the property tax for capital
or
(2) instead of the 1/2 cent increase to take the money fnam the
County's capital reserve or from the fund balance.
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Commissioner Lloyd proposed the following adjustments to the markup list:
(1) Social Services - delete $3,000 for the word processor
(2) Aging - delete the 1/E position
(3) Home Health Agency - no funding
(4) Art School - no funding
(5) Planned Parenthood - no funding
(6) * en's Center - no funding
(7) O!C Mental Health - Manager's recommendation
(8) Library - CR. - Manager's recommendation
(9) Library.- O.c. - Manager's recommendation
(10) JOCCA - Manager's recommendation
(11) Rape Crisis - Manager's recommendation
(12) Battered Women - Manager's recommendation
He recommended no increase in the property tax and indicated that a balanced
budget could be accomplished if the schools could live with the proposed
increase in current expense and back away from the capital improvements
increase.
Commissioner Walker indicated that he voted for the 1/2 cent local sales
tax increase to avoid raising the property taxes at a later date and he will
not support any further tax increase.
Chair Wrillhoit indicated that at the time the 1/2 cent local sales tax
was approved it was very evident that it would not meet all the capital needs
of the schools and that other sources of revenue would be needed.
Commissioner Carey stated that the schools have been pushed to the limit
of what their budgets can endure and he supports the rammaandation as stated
in the July 3 proposal.
Motion was made by Commissioner Walker to make the cuts that Commissioner
Lloyd suggested and move the adoption of the budget for the schools going with
Don %Ullhoit's proposal and fund the budget from 3/4 revenue sharing and a
part of the County reserve with no property tax increase.
Chair %Unbolt restated the motion to adopt the July 3 proposal as
modified byCbsedssioner Lloyd but use the Orange County capital reserve
rather than a tax increase to fund the budget.
Commissioner Lloyd seconded Walker's motion.
VOTE: AYES, 2; NOES, 3 (Chair %Unbolt and Commissioners Carey and Marshall).
Henry Whitfield spoke opposing the proposed property tax increase.
Chair Wrillhoit indicated the motion should be in a form to adopt the
Budget Ordinance as amended by the July 3 proposal and include the special
district tax rates as set out by the proposed Budget Ordinance with the change
that sets White Cross Fire District at 10 cents; Eno Fire District at 6 cents
and Orange Rural at 4 cents.
Motion was made by Commissioner Carey to adopt the July 3rd proposal as
it is presented on the handout sheet including the $3500 for restrooms with
the proposed tax rates as indicated which includes (1) 1/2 cent property tax
increase, (2) 10 cent rate for White Cross Fire District, (3) 6 cent rate for
Eno Fire District, (4) 4 cent rate for Orange Rural Fire District, (5) 2 1/2
cent increase in the property tax for long range school capital and (6) 2 cent
increase in the district tax and a $1.00 increase in the animal tax.
Commissioner Marshall seconded the motion.
Commissioner Marshall stated she seconded the motion reluctantly but
feels that particularly on the capital for the schools that this is going to
be a move in the right direction and very advantageous to the taxpayers
because if plans are made over a period of years, money will accumulate. One
Group of bonds is going to be paid off by 1990 which will free up some moneY.
and the largest group of bonds paid off in 1999. With proper planning by
giving this little boost now the County may be able to move into no debt by
the year 2000 and still have a plan which will really be pay-as-you-go.
Commissioner Walker indicated he bad been through 15 budgets and feels we
have the best figures to deal with ever and are using the most ridiculous
5
rationale in this motion he has seen in 15 years. He stated he cannot
comprehend how any member of the Board could look at the material and see what
it projects and not to recognize it. He doesn't know where the weakness is
but indicated there is a weakness that needs to be reconsidered.
Commissioner Lloyd spoke in opposition of the motion and restated what
he had said in Chapel Hill during the Public Hearing that he is of the opinion
that 95% of the people that would support this budget as presented will
probably get increases in their salaries this year to take care of their total
tax bill for four or five years. He stated that the budget as presented and
about to be voted on is what people who have to live and survive in this world
of private industry would call "flirting with bankruptcy". He has only been
through two budgets and with each the Board has been able to have a unanimous
vote and he determined that to be something in the budget process that is
highly desirable by this County - to have a unanimous vote at budget time. He
stated that, in his opinion, to adopt the County budget by a 3-2 vote is
somewhat irresponsible.
VTE: AYES, 3; NOES, 2 (Commissioners Walker and Lloyd) .
AEMENNENE
Chair Willhoit adjourned the meeting. The next meeting will be held on
August 5, 1985 at 7:30 in the Cbmmissioners' Room in the Courthouse in
Hillsborough, North Carolina.
Don Willhoit, Chair
Beverly A. Blythe, Clerk
/Or