Minutes Spruce Pine' Town Council Monday,June? 24, 2024  Ar meeting oft the Town Council was held on. June 24, 2024. Present were Mayor Phillip Hise and Council Members Rocky Buchanan, Wayne Peight, Larry McKinney, and. Jackie Rensink. Staffin attendance included Darlene Butler, Brooke Peterson, and Kelly. Johnson. Others attended, including Town Attorney Chad Donnahoo and Mariel Williams.  CALLTOORDER thel Pledge of Allegiance. APPROVALOEAGENDA unanimously. APPROVALOFI MINUTES motion, which carried unanimously. motion, which carried unanimously. CLOSED SESSION departed the board room. RETURNTOOPEN! SESSION PUBLICCOMMENT There were: no public comments. ACTION AGENDA  Mayor Phillip Hise called the regular meeting to order at 5:30 PM. Jackie Rensink gave the invocation. Larry McKinney led Larry McKinney moved to approve the agenda as presented. Wayne Peight seconded the motion, which carried  Larry McKinney moved to approve the minutes oft the regular meeting of June 10, 2024. Rocky Buchanan seconded the Larry McKinney: moved to approve the minutes oft thel budget public hearing ofJ June 10, 2024. Wayne Peight seconded the Mayor Hise requested ar motion to enter into closed session, citing NCGS 143-318.11 (a)(3)-7 To consult with an attorney employed or retained by the public body in order toj preserve the attorney-client privilege. Jackie Rensink moved to enter into closed: session. Larry McKinney seconded the motion, which carried unanimously. Kelly Johnson and Mariel Williams Council Member Rocky Buchanan moved to1 resume open session. Wayne Peights seconded that motion, which carried unanimously. No action was taken by the council during closed session. Mariel Williams returned to the board room.  Jackie Rensink made a motion to adopt The Withers Ravenel Stormwater Assessment and Planning Project Contract. Larry McKinney seconded the motion, which carried unanimously. Said report is incorporated by Town Manager Darlene Butler read through the Revised Town Code Chapter 13 -Noises for the first reading. Said Town Manager Darlene Butler read through the Revised Town Code Chapter 14- -Nuisances for the first reading. Town Manager Darlene Butler read through thel Revised" Town Code Chapter 12-Article VI Removal of Abandoned, Nuisance, and. Junked Vehicles for the first reading. Said report is incorporated by reference and Darlene Butler noted that all revised town codes will be available online soon, Also, the second reading will be at  reference and attached to these minutes.  report is incorporated by reference and attached tot these minutes. Said report is incorporated by reference and attached to these minutes.  attached to these minutes.  the next town council meeting and willl be open toj public comment.  TOWNMANAGER  Town Manager Darlene Butler did not have anything further to discuss at this time. the leak that occurred. He has spoken with Public Works Director, Travis Phillips.  MAYORLCOUNCILREQUESTR/COMMENTS  Council Member Wayne Peight expressed his concern for the ongoing brown water issue in the downtown area after    ADJOURNMENT Brooke Peterson, Town Duddctuen  With no further business, Rocky Buchanan novecto adjourn the meeting at 6:51 PM.  Rocky Buçhanan, founcil-Member Wayne Peigh, Courçil Member Jaékiel Rengink,  -    Council Member  heBfit    RESOLUTION ADOPTING THE WITHERSRAVENEL  STORMWATER ASSESSMENT AND PLANNING PROJECT CONTRACT NOW COMES the Town Council ("Council"), at a duly called public meeting with a quorum established, and hereby adopts this Resolution Adopting the WithersRavenel Stormwater  Assessment and. Planning Project Contract.  WITNESSETH:  WHEREAS,pursuant tON.C.G.S.S1 143-64.31,the' Town of Spruce Pine solicited requests WHEREAS, WithersRavenel ("Contractor") was selected to perform the consulting services to provide limited condition assessment and stormwater management planning services  for qualifications for the Stormwater Assessment and Planning Project ("Project");  related to the Project; and  WHEREAS, Contractor presented its proposal for services for the Project ("Proposal"), attached as Exhibit A. The Proposal has been reviewed by the Town Manager and' Town Attorney and Contractor has, to their satisfaction, addressed all questions and incorporated all suggested  revisions to the Proposal.  NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL that: (1) the Proposal attached hereto as Exhibit A be approved; and (2) that the Town Manager be authorized to enter  and execute the Proposal on behalfofthe Council.  READ AND APPROVED this 24th day ofJune 2024.  TOWN OF SPRUCEPINE G4 Mayor  Aiv  Attest DauodCPdusq  Brooke Peterson Town Clerk    DocuSign Envelope ID: 93CA03AA-7714-49FB-A6C5-D33D1A4B3CD6  WichersRavene! Our Paapie Vosyrs Saeconh  Town of Spruce Pine  Stormwater Assessment and Planning Project  A. Project Description  This fee agreement is intended to provide the scope of services and associated fees to provide consulting services per request of Town of Spruce Pine and formalize an agreement for the Listed below is a summary of several key aspects of the project based on our discussions and preliminary research. Refer to the Scope of Services and Additional Services/Exclusions for further Fort the purposes of this proposal anda any subsequent: agreements thef followingreferences shalla apply:  implementation and logistics for these services.  detailed information.  1. Town of Spruce Pine shall be known as the "Client or Town"; 2. WithersRavenel shall be known as the' "Consultant"; 3. The overall project shall be known as the' "Project'; 4. The executed agreement shall bel known as the' "Agreement"; 5. The Capital Improvement Plan shall be known at "CIP"; 6. NCD Department of Environmental Quality shall bel known as "DEQ"; 7. Division of Water Infrastructure. shall be knowns as "DWI"; 8. The American Rescue Plan Act shall bel known as "ARPA"; 9. Geographic Information System shall be knowns as "GIS"; 10. High Country Council of Government shall be known as' "HCCOG".  The Client is a recipient ofa Stormwater Planning grant fort the Fall 2022 Funding Cycle (DWI Project Number SRP-SW-ARP-0041. LASII grants are authorized by NC Session Law 2021-180. The purpose of the grants is to encourage local governments to improve or create infrastructure for controlling This fee agreement is intended to provide the scope of services and associated fees to provide consulting services per request of the Town of Spruce Pine to provide limited condition assessment and stormwater management planning services fort the Town's stormwater assets. As part of the overall project, but outside this Scope of Services, the High Country Council of Government is developing an asseti inventory fort thes tommwaterinfastructure within the Town. This Phase 1 will utilize the new stormwater inventory to perform a condition assessment and build a detailed hydrologic and hydraulic model of the designated Town subbasins. This model will then be used toi identify flood risk and determine conceptual projects to reduce flooding. This Phasei includes Phase 2 will utilizet thet findings of Phase: 1t to develop a CIP fort the Townand tos generate at final report. This Phase includes presenting to the Town Council. Phase 2 services are anticipated to commence  stormwater quantity and quality.  inventory data willl be used throughout this Scope of Services.  public outreach. after Phase 1.  Spruce Pine Stormwater Assessment and Planning  WRI Projcci No. 23-1326  lune 18. 20241  Pagela    DocuSign Envelope ID:  WithersRavenel Our People.) Your Success. B. Timeline for Services  WithersRavenel will begin work upon receipt of this executed Task Order and written notice to proceed from the Client. Estimated timeframe(s) for the basis of the services described ini the Scope of Services are  shown below.  Milestone Phase 1 Phase 2  Time Frame  Twelve (12) Months Four (4) Months Six (6) Months Two (2) Months Twenty-four (24) Months  DWI Draft Report Review Council Presentation and Project Close-out  Total:  1. The timeline can be adjusted to ensure the proper completion of work by the end of 2026. All work must be completed and grant closed out by the end of 2026 per the existing grant a. Itisp presumed that the Town will provide timely notice to proceed to consultant. 0. Weu understand that thet funding agency requested to review/approve the scope of services as acondition of the funding agreement. Ift the notice to proceed is delayed until receipt of approval from the funding agency, the scope of services might need to be adjusted to 2. The Consultant estimates the total project timeframe for the Scope of Services to be twenty-four (24) months. A more detailed project schedule will be developed with the Client. 3. The above estimated timeframe(s) may bei impacted by, among other things:  requirements funding this project.  complete the project within the funding timeline.  a. Timeliness of review agencies;  b. Timeliness and accuracy of information provided by the Client and other Client consultants.  Spruce Pine! Stormwater Assessment and Planning  WR Project No. 23-1326  June 18. 2024  Page3    DocuSign Envelope ID: 93CA03AA-7714-49FB-A6C5-D33D1A4B3CD6  WithersRavenet Our People. Vour Success C. Scope of Services the Task Order:  WithersRavenel: shall providei the services identified under eacht task! below asi its "Basic Services" under  Task 1. Project Management 1.1. Project Management  Consultant shall provide the following services as part of this task:  A. Project Management Services following best practices to meet objectives, quality standards, schedule, and budget. Consultant shall provide services for the overall management and administration of the Project including any internal and external coordination and general B. Consultant shall identify key team members, schedule and attend a project kick-off meeting to introduce the Team tot the Client, establishi the Project communication channels between the Client and Consultant. Consultant will also obtain from Client necessary background information including flooding history, maps, stormwater concerns on Town's properties and facilities, and locations of Consultant will keep the Client advised of the progress of the project activities. This includes scheduling and attending monthly meetings/worksnops and consultations with the Client and D. Maintain monthly project progress reports, meeting minutes as wella as any electronici files of project Consultant will manage project processes, communication, and resources. Consultant will keep the Client regularlyi informed of progress, providing oversightoft the production tasks, and managing the F. Funding Administration services are excluded from this Scope of Services and: are being performed by the High Country Council of Government (HCCOG). Consultant will provide HCCOG monthly  administration duties.  known problem areas.  submitting monthly progress report.  fort the Client and the Division of Water Infrastructure (DWI).  monthly billing andi invoicing for the project. progress meeting notes to the HCCOG. Phase 1: Stormwater Assessment  The Stormwater. Assessment Phase willl bel based ont thes stormwater inventory data collected byt thel HCCOG as part of this project, but outside this Scope of Services. Itis assumed that the HCCOG will provide a GIS geodatabase (GDB) tot the Consultant that contains an existing conditions stormwater inventory throughout Town! limits. This GDB willl be referred to as the' stormwater inventory GDB."Itis assumed that the provided data will provide the necessary: asset information to complete the tasks outlined below.  Task 2. Public Input Survey  Part of the process of watershed characterization and planning willi include publici input to identify issues of concern. It will also be an opportunity to identify flooding concerns and to garner citizen engagement and A. Prepare a public input survey with Client. Consultant will create the online version of the survey and provide the Client links to access the survey. Notification and advertisement of residents about the survey will be conducted by the Town. Iti is assumed that the survey will be open for resident  support. Consultant shall provide the following services as part of this task:  input fora a total of 2 weeks.  Spruce Pine Stormwater Assessment and Planning  WRI Project No. 33-1326  June 18. 2024  Paiel 1    DocuSign Envelopel ID: 93CA03AA-7714-49FB-A6C5-D33D1A4B3CD6  WithersRavene! Our People. Vnsr Success.  B. Consultant will prepare ands submit as summary of publici input to the Client.  Task 3. Limited Condition Assessment  3.1. Condition Assessment  A. Consultant will review the stormwater inventory GDB provided by the HCCOG. Iti is assumed that the HCCOG data willi include attribute fields that identify the size, material, andi invert elevations of the stormwater conveyance system as well as maintenance issues, structural issues, structural B. Consultant will develop a scoring and prioritization system with the Client for addressing the stormwater assets' structural and maintenance issues identified in the field by the HCCOG. Itis assumed prioritization will be based on a likelihood of failure score and a consequence of failure score. Asset attributes and condition will inform a likelihood of failure score. Factors used to determine a consequence of failure score willl be based on publicly available data. ( Consultant will field verify the condition of 16 stormwater features. Field verification of condition will be done at the same time as thei field visits for Task 4.3. Structures selected for additional field verification will be discussed with the Client before thet field work. Survey of structures, CCTV, and D. Consultant will create a prioritized list of maintenance and structural issues for Client. Consultant willa addi fields tot thes stormwater inventory GDB: as necessary to addi the resulting scoret tot the: assets' Consultant will summarize these evaluations in a technical memorandum outlining the process and resulting scores. Content from the memorandum willl be included int the Stormwater Management  condition, and condition descriptions for the assets.  stream assessments are not included int this Scope of Services.  attributes.  Plan report provided under Task 6.  3.2. Task Deliverables  A. Consultant shall provide al Limited Condition Assessment memorandum.  B. Consultant shall provide a digital copy of the revised stormwater inventory GDB that includes  resulting scores within the attributes.  Task 4. Existing Conditions Hydrologic and Hydraulic Modeling  An Existing Conditions Model will be developed to evaluate capacity of existing stormwater facilities and infrastructure and willl be used as thel basis toi identify conceptual projects fort the Capital Improvement Plan. A. For budgetary purposes, up to 40,000 LF of Town system will be selected for detailed capacity analysis.. Analyzed systems willl bei identified based ony watershed: reconnaissance, historical drainage complaints, and input from the Town. The Consultant shall present the systems for consideration to the Town for approval before capacity analysis is performed. It is assumed that the selected network will be evaluated at a planning level scale and will not include every structure and pipe within the study areas. It is assumed that a minimum drainage area or minimum pipe size may be established and applied to determine what portion of the network will be modeled within the selected study areas. The Consultant will work collaboratively with the Town when. selecting areas  4.1. Identification of Modeled Systems  for detailed capacity analysis.  Spruce Pine Siormwater Assessment and Planning  WR Project No. 23-1326  June 18. 2024  Pageis    DocuSign Envelopel ID: 93CA03AA-7714-49FB-A6C5-D33D1A4B3CD6  WithersRavene! Our Peaple. Vour Surcess  B. Client and Consultant will work together to establish the Level of Service (LOS) performance  standard that the system will be evaluated against.  4.2. Engineering Field Investigation  A. Consultant will field-verify select drainage area limits, manning's n-values and visually inspect the  primary and secondary system drainage areas, as necessary. B. Stream assessments are not included in this Scope of Services. 4.3. Existing Conditions Hydrologic and Hydraulic Modeling  A. The Consultant will prepare an existing conditions hydrologic and hydraulic (H&H) model of the B. Itis assumed that the Consultant will prepare the Existing Conditions Model using Storm Water Management Model (SWMM) software. Final model selection will be made with the Client after The consultant: shall evaluate the three existing conditions storm events. Itis assumed tol bet the 10- ,25-, and 50-year, 24-hour storm events utilizing NOAA. Atlas 14 rainfall depths using SCS Type II rainfall distribution; however, storm events are subject to change based on assets in the modeled D. Hydrologic parameters calculated will depend on selected model but are anticipated to include: subwatershed area, existing land use, curve number (based on land use/zoning), flow paths, NRCS soil types, significant detention. storage areas, and channel routing characteristics. E. The Consultant will develop hydraulic network for system drainage features. F.Itis assumed that the publicly available LIDAR data within the study limits accurately represents G. Hydraulic network will be based on the existing stormwater inventory GDB. No additional data H. Where impoundments along the system include significant storage, which is expected to impact system performance, the Consultant will develop hydraulic parameters based on available data to includei the impoundment within thel hydraulic model. Nol hydrographic survey of thei impoundment, The Consultant shall set downstream boundary conditions using the following approach unless  areas selected in Task 4.1. This shall be called the Existing Conditions Model.  Task4.1.  limits and LOS established in Task 4.1.  existing topographic conditions. collection is included fort this task.  nor survey of the control structures are included int this scope. Client approves of an alternative approach:  a. Consultant shall evaluate if coincidental peaks are likely at the confluence point based on the ratio of relative watershed sizes and FEMA guidance. If applicable, boundary b. Ifc coincident peaks are not applicable, Consultant shall use the normal depth boundary For systems that terminate at ani impoundment area, the downstream boundary condition shall be selected from available information, which may include FEMA study, information collected from NCDEMLRI Dam Safety section, field: survey data, d. For closed system where the above methods are not applicable, the downstream  conditions shall be set to account for coincident peaks. condition, with downstream slope based best available data.  design documents, or other available data. boundary condition shall be set at the crown of the pipe.  Spruce Pine Stormwator Assessment and Planning  WRProjociNo. 23-1326  June 18. 2024  Pasels    DocuSign Envelope ID: 93CA03AA-7714-49FB-A6C5-D33D1A4B3CD6  WithersRavene! Ourf Ppople. Vour Success  J. This task does not include water quality calculations or sediment transport calculations. K. Consultant will provide limited callbration/validation of the existing conditions model usinga available information such as: historic rainfall, post-storm aerial orthoimagery, high-water marks, and citizen feedback. At most, two (2) calbration/validation. rainfall events scenario will be run. The calboration/valdation rainfall event willl be: selected with input from the Client. Consultant will prepare inundation maps depicting extents of flooding for each modeled storm M. Consultant will discuss the results of the existing conditions capacity analysis completed int thist task with the Client. Discussion will include the review of the inundation maps and review of existing system performance compared to the desired LOS seti in Task 4.1. Areas in the Existing Conditions Model that do not meet the LOS will be identified and called al Potential Area of Concern (PAOC). PAOCS will be candidates for conceptual project development in Task 5. As part of Task 6, the Consultant will make a general recommendation tot the Client regarding potential future action that can! bet taken to address the remaining PAOCS that are not selected for project development in Task  event.  5.  4.4. Task Deliverables  A. The Consultant shall provide a digital copy of the models to the Town as part of the project final deliverables. Models shall include all supporting data necessary to run them and duplicate results B. Inundation results maps and a summary of capacity analysis results will be included in the The Consultant shall provide the Client inundation result rasters for the modeled storm events. Locations of PAOCS shall be provided to the Client as aj point or polygon shapefile.  reflected in the! Stormwater Management Plan report provided under Task 6. Stormwater Management Plan report provided under Task 6.  Task 5. Conceptual Projects  Consultant and Client will develop planning level conceptual stormwater improvement options for select areas of concern to meet the established level of service. These options will focus on flood risk reduction, replacing aging/failing infrastructure, greens stormwater devices, andi nature-based: solutions to address both  water quantity and water quality concerns, as applicable. 5.1. Area of Concern Selection  A. Consultant willi identify up to five (5), Areas of Concern (AOC) from thel PAOCS identifiedi in Task 4.3  for conceptual project development. 5.2. Alternatives Model Development stormwater improvement options.  A. After identifying Areas of Concern, Consultant and Client will develop planning level conceptual  B. Consultant shall provide the following services as part of this task:  1. Consultant will develop a future conditions land use layer and will update hydrology 2. Revise Existing Conditions Model with conceptual improvements to create an Alternatives  parameters to account forf future land use.  Future Growth Model.  Spruce Pinc Stormwater Assessment and Planning  WR Projoct No. 23-1326  June 18. 2024  Pagell    DocuSign Envelope ID:  WithersRavenel Ourf Peopte, Vnur Success.  3. Alternatives Future Growth Model will evaluate the selected level of serviçe storm events utilizing NOAA Atlas 141 rainfall depths using SCS Type Irainfall distribution and future land use conditions to size proposed concepts for future growth conditions. 4. After concepts have been developed, Consultant will create an Alternatives Model that includes the proposed concept run with the selected level of service storm events utilizing NOAA Atlas 14 rainfall depths using SCS Type II rainfall distribution and existing land use 6. Prepare alternative conditions inundation maps depicting extents of flooding for each modeled storm event. Alternative conditions inundation maps will utilize results from the Alternatives Model with existing hydrology for more direct comparison to existing conditions inundation limits. Technical documentation of concept development using the Alternatives Future Growth Model will be included in the Stormwater Management Plan Potential for downstream impacts will be documented for each modeled alternative. Further analysis of downstream impacts might be needed during the final design of a project. D. Itis assumed that at: a maximum of two (2) concept alternatives will be developed for each Area of F Prepare planning level engineer's construction, design and permitting cost opinions with linei items . Development of Construction Drawings are excluded from this Scope of Services. G.N Nutrient Load Reduction Calculations are excludedi from this Scope of Services.  conditions.  5. Prepare concept level exhibits of the proposed improvements.  report provided under Task 6.  Concern  fore each conceptual project.  H. Conceptual stormwater improvements and cost opinions will be provided to the Client for one (1) review cycle before proceeding with the development of the Stormwater Management Plan  5.3. Task Deliverables  A. The Consultant shall provide a digital copy of the models to the Town as part of the project final deliverables. Models shall include all supporting data necessary to run them and duplicate results reflected ini the Stormwater Management Plani report provided under Task 6. B. Inundation results maps, schematic level exhibits of proposed improvements, and a summary of results willl be included in the Stormwater Management Plan report provided under Task 6. The Consultant shall provide the Client inundation result rasters for the modeled storm events. Locations of AOCs shall be provided to the Client as a point or polygon shapefile.  Phase 2: Stormwater Management Plan  Task 6. Capital improvement Plan and Management Plan Report  6.1. Capital Improvement Plan  A. Consultant shall prepare a 10-year Capital Improvement Plan (CIP) from information gathered and  analyzed in previous tasks. CIP projects willi include:  Spruce Pine Siormwater Assessment and Planning  WRI ProiectNo.23-1326  June 18. 2024  Page18    DocuSign Envelope ID: 93CA03AA-7714-49FB-A6C5-D33D1A4B3CD6  WithersRavenel Our People. Vour Success  1. Prioritization of projects according to impact, effectiveness, and equity. Prioritization 2. Maintenance plan based on the age and condition of the stormwater infrastructure and the 3. Report the preliminary cost estimates developed under Task 61 for improvements for the 4. Assessment of financial needs and preliminary cost estimates for repairs, replacements, and  methodology will be developed by the Consultant and Client.  results of Task: 3. AOCs.  capital improvement projects.  6.2. Stormwater Management Plan  A. The final deliverable will be a comprehensive report detailing the methodology, findings, and recommendations from each of the above tasks into as stormwater management plan. B. Consultant will prepare a document that will contain thei information developed and noted as part oft the above tasks. The Consultant will include model results and exhibits developed as part of the  above tasks.  C Consultant willi include the CIP developed under Task 6.1. D. Summaries for conceptual stormwater improvement projects to include: 1. Summary of identified issues and potential solutions. 3. Concept level exhibits of proposed improvements. 4. Itemized order of magnitude cost opinions.  2. Rough lump sum order of magnitude cost opinion for purpose of planning and prioritization. :. Report toi include as summary ofa any Comsulbantrecommendintons fort the Client made as part of the  above tasks.  F. Meet upt tot two (2) times with Client to review draft management plan. G.R Revise draft report up to two (2) times toi incorporate comments from Client.  6.3. Task Deliverables A. Capital Improvement Plan B. Final Stormwater Management Plan Report Task 7. Town Council Presentation  A. Consultant will prepare presentation and present study report methodology, findings, and recommendations to Spruce Pine Town Council fora adoption. Iti is assumed thati the Consultant will  attend one (1)1 Town Council meeting.  Spruce Pinc Stormwater Assessment and Planning  WR Project No. 23-1.326  June 18, 2024  Pase19    DocuSign Envelope ID: 93CA03AA-7714-49FB-A6C5-D33D1A4B3CD6  WithersRavenel Our People. Vours Sucuess  D. Exclusions/Additional Services  Services that are noti includedi in Section D ora are: specifically excluded from this Agreement (see! below) shall be considered Additional Services if those services can be performed by WithersRavenel and its agents if requested in writing byt the Client and accepted by WithersRavenel. Thet following listi is not alli inclusive and the Scope of Services defines the services to be provided by WithersRavenel for this project. Additional services shall be paidf for by the Client in accordance with the Fee & Expense Schedule outlined in Exhibitl.  The exclusions are described below but are not limited to the following:  A. Survey of Stormwater Assets B. Funding Administration Services  Detailed design drawings fort the evaluated alternatives D. Permitting services for the evaluated alternatives E. Topograpnc/Doundary survey for the areas of concern F. Delineation ofj jurisdictional areas E. Client Responsibilities completeness oft this information:  The following items will be provided by the Client and WithersRavenel will rely upon the accuracy and  A. Provide representative for communications and decisions;  B. Coordination and designation of aj primary contact for architect, contractor, and other consultants  engaged by the Client;  Preferred media platforms for communications with the Client; D. Provide in writing, any information as to Client's requirements for the Project;  E. Provide any information needed to complete the Project not specifically addressed in the Scope of F. Provide all available information pertinent to the Project, including any GIS information, reports, G. Examine all agreements, reports, sketches, estimates and other documents presented by the Consultant and render in writing decisions pertaining thereto within a reasonable period sO as not H. Give prompt written notice to Consultant whenever Client observes or otherwise becomes aware  Services;  maps, drawings, and any other data relative to thel Project;  tod delay the services oft the Consultant;  of any defect int the Project or the services of Consultant; Provide access to property for Consultant and subconsultants; J.A Any legal representation requiring an attorney at law;  Spruce Pine Stormwater Assessment and Planning  WR Project No. 23-1326  June 18.2 2024  Page110    DocuSign Envelope ID: 93CA03AA-7714-49FB-A6C5-D33D1A4B3CD6  WithersRavenet Our People Your Success  F. Compensation for Services  WithersRavenel proposes to provide the Basic Services outlined in Section C on a lump sum with budgets as shown below (which includes all estimated reimbursable expenses associated with the Basic Services). The amounts set forth below have been determined based on the nature, scope and complexity of the Project as represented in the information provided to WithersRavenel by Client prior to submittal of this proposal; subsequent changes thereto may result in additional fees, but only as authorized by an agreed  upon change order executed by Client. Task No. TaskName Task1 Project Management Phase 1 Stormwater. Assessment Task 2 Public Participation Task 3 Physical Condition Assessment Task 4 Existing Conditions H&H Modeling Task 5 Conceptual Projects Phase 2 Stormwater Management Plan Task 7 Town Council Presentation  Fee $20,500 $5,300 $27,700 $72,800 $49,100 $24,000 $5,600 $205,000  Task 6 Capital Improvement Plan and Management Plan Report  Total  1. Invoices will bei issued monthly, based on the percentage of completion for each lump sum task, as accomplished during the billing period. Payment is due upon receipt of invoice. 2. The above fees are based on the estimated timelines noted in the Timeline for Services. Adjustments tot the estimated timelines byap period greater than twenty percent (20%) may result ina additional fees agreed upon! by an authorized change order executed by Client. Changes tot the estimated timelines substantially caused by Consultant: shall not result in additional fees owed to 3. Consultant may alter the distribution of compensation between individual Tasks noted herein to be consistent with services rendered but shall not exceed the total Lump Sum amount unless 4. The attached Exhibit II, Fee & Expense Schedule, is based on Consultant's rates as of the date of this agreement and may be subject to change for hourly tasks and any Additional Services that  Consultant.  approvedi in writing by the Client.  occur after any adjustments to such rates goi into effect.  Payment  The Client will pay the Consultant for services and expenses in accordance with periodic invoices to Client and af finali invoice upon completion of thes services. Eachi invoicei is due and payable int fullu upon presentation  to Client. Invoices are past due after 30 days.  Spruce Pine Stormwaler Assessment and Planning  WRI Project No. 23-1326  June 18.2024  Pagel1l    DocuSign Envelope ID: 93CA03AA-7714-49FB-A6C5-D33D1A4B3CD6  WithersRavenet Our People Vour Succest G. Acceptance  This proposal is valid 60 days from the date it is transmitted to Client. Receipt of an executed copy of this agreement will serve as the written Agreement between WithersRavenel and Town of Spruce Pine. All Exhibits identified after the signature blocks below, including the Standard Terms and Conditions (Exhibit I) andt thel Fee & Expense Schedule (Exhibit II), arei incorporated herein: anda arei integral parts of the Agreement.  OFFERED BY: WithersRavene. Docusignedby: Amanda HAlayawn19/2024 Signaturesd C6FUAU4BF- Amanda Hollingsworth, PE, CFM Name Project Manager Title -DocuSignedh by: Dori Salck Signature BBnS98FDEHHES: Dori Sabeh, PE, GISP Name Director of Stormwater Title  ACCEPTED BY: Town of Spruce Pine  Date  Signature Darlene Butler Name Town Manager Title  Date  6/20/2024 Date  PREAUDIT: STATEMENT: This instrument has been preauditedi int ther manner, required byt the Local  Government Budget and Fiscal Control Act (NCG.S.159-28ld).  Signature of Finance Officer: Printed Name: Date: Attachments:  Exhibitl- Standard Terms and Conditions Exhibit II- Fee & Expense Schedule Attachment. A-A ARPAI Federal Contract Provisions Attachment B - Debarment Status Certification Attachment C- E-Verify Affidavit  Spruce Pine Siormwater Assessment and Planning  WRI PoxiN0.23-1326  June 18. 2024  Paie112    DocuSign Envelope ID: 93CA03AA-7714-49FB-ABC5-D33D1A4B3CD6  WithersRavene! Our Penple Vour Success  EXHIBITI  Standard Terms and Conditions  The proposal submitted by WithersRavenel, INC. ("CONSULTANT) iss subjectt tot the following terms and conditions, whichf forma ani integral part oft the Agreement. By accepting the proposal, the services, ora any partt thereof, the CLIENT: agrees and accepts the terms and conditions outlined below:  1. Payment:  7. Opinion ofC Cost/Cost Estimates:! Since the CONSULTANThasI no control over the cost ofl labor, materials, equipment ors services furnished by others, or over methods of determining prices, or over competitive biddingo or market conditions, anya and allo opinions ast to costs rendered! hereunder, including! but notl limitedt to opinions ast tot the costs ofc construction and materials, shall bei madec ont thel basis of CONSULTANT'S: experience: and qualifications andi representi itsr reasonable judgment as an experienced: and qualified professional familiar witht the construction industry; butt the CONSULTANT cannot and does not guarantee thep proposals, bids or actual costsw will not varys significantly from opinions ofp probable costs preparedb byi it. Ifata any time the CLIENT wishes assurances ast tot the amount ofa any costs, CLIENT shall employ ani independent cost estimator ton make such 8. Assignment and" Third Parties: Nothing undert this Agreement shall be construed to give any rights or benefits int this Agreement to anyone other than the CLIENT and CONSULTANT, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit oft the CLIENT andt the CONSULTANT and not fort thel benefit ofa any other party. Neither the CLIENT nor the CONSULTANT shall assign, sublet, ortransfera anyrightsunder: orir interestsint this Agreement withoutt the written consent oft the other, which shall not be unreasonably withheld. However, nothing contained herein shall prevent or restrict the CONSULTANT from employing independent subconsultants as the CONSULTANT may deem appropriate to assisti int thep performanced ofs serviceshereunder. 9. Project Site: Should CLIENT not be owner of the Project site, then CLIENT agrees to notify the site owner of the possibility of unavoidable alteration and damage to the site. CLIENT further agrees to indemnify, defend, and hold! harmless CONSULTANT: against any claims by the CLIENT, the owner oft the site, or persons having possession of the site which are 10. Access to Site: CLIENT is responsible for providing legal and unencumbered access to site, including securing all necessary site access agreements ore easements, tot the extent necessary for the CONSULTANT to 11. Survival: All of CLIENT's obligations and liabilities, including but not limited to, its indemnification obligations and limitations of liability, and CONSULTANT'S rights and remedies with respect thereto, shall survive completion, expiration or termination oft thisA Agreement. 12. Termination: Either party may terminatet theA Agreement with orwithout cause upon ten (10) days advance written notice, if the other party! has not cured ort takeni reasonable steps to cure thel breachg givingr riset tot termination within the ten (10) day notice period. If CLIENT terminates without cause or FCONSULTANT terminates for cause, CLIENT willp pay CONSULTANT fora all costs incurred, non-cancelable commitments, and fees earned to the date of termination: andt througho demobilization, including any cancellation charges of vendors ands subcontractors, asv wella as demobilizationcosts. 13. Severability: If any provision of this Agreement, or application. thereof toa any person or circumstance, ist foundt tol bei invalidt thens such provisions shall be modifiedi if possible, tof fulfill thei intent oft the parties as reflectedi int the original provision. Ther remainder oft this Agreement, ort thea application of such provision top persons or circumstances other than those as toy whichi itis held invalid, shall not be affected thereby, and each provision oft this Agreement shall bev valid ande enforced to thef fullest extent permitted! by applicablelaw. 14. No Waiver: No waiverb bye either party ofa any default byt the other party int thep performance ofa any provision oft this Agreements shall operate: as orbe  a) The CLIENT will pay CONSULTANT fors services and expenses in accordance with periodic invoices to CLIENT and: a final invoice upon completion oft the services. Eachi invoice is due and payable inf full uponp presentation to CLIENT. Invoices arep past due after 30 days. Past duez amounts ares subject toi interest atar rate of one and one-half percent per month (18% per annum) ont the outstanding Ifthe CLIENT failst tor make payment tot the CONSULTANT within 45 days after the transmittal of an invoice, the CONSULTANT may, after giving 7 days written notice to the CLIENT, suspend services undert this Agreement untila alla amounts dueh hereunder: are paidi inf full.1 Ifanir invoicer remains unpaid: after 900 days from invoice date, the CONSULTANT may terminate the Agreement. If Consultant initiates legal proceedings to collect the fees owed, Consultant shall also be entitled to recover the reasonable expenses ofo collectioni includinga attorneysfees. 2. Notification of Breach or Default: The CLIENT shall provide prompt writtenr noticet tot the CONSULTANTIFCUENT becomes awareofa any breach, error, omission, or inconsistency arising out of CONSULTANT'S services or any other alleged breach of contract or negligence by the CONSULTANT. Emails shall be considered adequate written notice for purposes of this 3. Standard of Care: CONSULTANT shall perform its services in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of professionals providing the same services in the same or a similar locality as the Project. THERE ARENO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT WILL OR CAN ARISE OUT OF THE SERVICES PROVIDED 4. Representations of CLIENT: CLIENT warrants and covenants that sufficient funds are available or will be available upon receipt of CONSULTANTSInvoke. ton make paymenti int fullf fort thes servicesrenderedby 5. Ownership of Instruments of Service: Allr reports, plans, specifications, field data andi notes and other documents, including: all documents one electronic media, prepared! byt the CONSULTANT: as instrument of service, shall remaint thep property oft the CONSULTANT. The CONSULTANT shallr retain allo common law, statutorya and other rights, including the copyrightt thereto. Int thee evento oftermination ofthis Agreement andu upont fullp payment off fees owedt to CONSULTANT, CONSULTANT shall make availablet to CLIENTO copies ofa allp plans and 6. Change Orders: In the event that CLIENT requests a change in the Agreement or CONSULTANT's Scope of Services, prior to any work being completed, CONSULTANT shall prepare a written change order detailing the change in the Agreement or Scope of Services and the resulting increase, if any, in CONSULTANT's fee. The change order shal! not be effective untile executed by ana authorized representative for CONSULTANT and CLIENT. CONSULTANT shall not be entitled toaf fee adjustment until the written change order is executed by the Parties. The CLIENT and CONSULTANT mutually agreet toe expedite any Change Orderr requests and  balance fromt thec date oft theinvoice.  determination.  Agreement.  relatedt tos sucha alteration ord damage. carryouti its services.  BYCONSULTANT ORT THISA AGREEMENT.  CONSULTANT.  specifications.  agree ona any changes tot thes schedule.  WithersRavenel, Inc.  Standard Terms & Conditions Page 1  Effective September 14, 2020    DocuSign Envelope ID: 93CA03AA-7714-49FB-A6C5-D33D1A4B3CD6  WithersRavenet Our Poeple. Vour Success  construed asa a waiver ofa any future default, whetherl like or differenti in 15. Merger,Amendment ThisA Agreement constitutes thee entireA Agreement betweent the CONSULTANT: andt the CLIENT anda alir negotiations, writtenand oral understandings between the parties are integrated and merged herein. This Agreement can be supplemented and/or amended only by a written document executed byb botht the CONSULTANT and the CLIENT. 16. Unforeseen Occurrences: If, during the performance of services hereunder, any unforeseen hazardous substance, material, element of constituent or other unforeseen conditions or occurrences are encountered which affects or may affect the services, the risk involved inp providing the service, ort ther recommended: scope of services, CONSULTANT willy promptly notify CLIENT thereof. Subsequent tot thatr notification, CONSULTANT may: (a) if practicable, in CONSULTANT's sole judgment and with approval of CLIENT, complete the original Scope of Services in accordance with the procedures originally intended in the Proposal; (b) Agree with CLIENT to modifyt the Scope of Services andt thee estimate of charges toi include studyo of the previously unforeseen conditions or occurrences, such revision to bei in writing and signed byt the parties andi incorporated herein; or (c) Terminate thes services effective ont thec date ofr notification pursuant tot thei terms of the 17. Force Majeure: Shouldo completion ofa any portion oft the Agreement be delayed for causes beyond the control of or without the fault orr negligence of CONSULTANT, including force majeure, the reasonable time for performances shall bee extendedf forap periodatl leaste equal tot thec delay andthe parties shall mutually agree on the terms and conditions upon which Agreement mayl be continued. Force majeure includes! but is not restrictedto acts of God, acts or failures of governmental authorities, acts of CLIENT's or agents, fire, floods, epidemics, pandemics, riots, quarantine restrictions, strikes, civil insurrections, freight embargoes, and unusually 18. Safety: CONSULTANT is not responsible for site safety or compliance with the Occupational Safety and Health Act of 1970 ("OSHA"). Job site safety remains the sole exclusive responsibility of CLIENT or CLIENT's contractors, except with respect to CONSULTANT'S own employees. Likewise, CONSULTANT shall have no right to direct ors stop the work of 19. Dispute Resolution:. Any claim or other dispute arising out ofc orr related to this Agreement shall first be subject to informal, pre-litigation mediation. CONSULTANT and CLIENT shall each be responsible for one- half of the mediator's total fee, unless otherwise agreed to by the Parties. The mediation: shall take placei ini Mitchell County, North Carolina or as mutually agreed by the Parties. If the mediation is unsuccessful, such claim or other dispute may be adjudicated in a court of competent 20. Independent Contractor: Inc carrying outi its obligations, CONSULTANT shall always be acting as an independent contractor and not an employee, agent, partner, orj joint venture of CLIENT. CONSULTANT'S work does not include any supervision or direction of the work of other contractors, their employees or agents, and CONSULTANT's presence shall inr no way create  any! liability on! behalfo of CONSULTANT forf failure of other contractors, their employees, ora agentst top perform their work properly or correctly. 21. Hazardous Substances: Only to the extent that CLIENT has such independent knowledge, CLIENT agrees to advise CONSULTANT upon execution of this Agreement of any known hazardous substances or any known condition existing in, on or near the Project Site.." Revise the last sentence as follows: "Except to the extent that CONSULTANT has negligently causeds such pollution or contamination, and onlya asp permitted by law and only ast tot the extent of application insurance, ifany, CLIENT agrees to defend, indemnify.." Add the following new last sentence: "Nothing hereini is intended tob be a contractual waiver of governmental immunity by CLIENT and CLIENT shall only defend, indemnify and hold harmless CONSULTANTtot thee extent ofa applicable insurance coverage,ifa any. 22. Choice of Law: The validity, interpretation, and performance of this Agreement: shall beg governed by ando construedi ina accordance with the! law of the State of North Carolina, excluding onlyi itso conflicts ofl lawsprinciples. 23. Construction Services: If construction administration and review services are requested by the CLIENT, CLIENT agrees that such administration, review, ori interpretation of construction work or documents by CONSULTANT. shall not relieve any contractor from liability inr regard to itsdutyt toc comply with thea applicable plans, specifications, ands standards for the Project, and shall not give rise to a claim against CONSULTANT for contractor's failure to perform in accordance with the applicable plans, construction observation: services, thep presence oft provides the CONSULTANT'sI field personnel will only be for the purpose of providing observation and field the Project, the CONSULTANT'S responsibility does not include the supervision or direction oft the actual work of any contractor, its employees, ora agents. All contractors should be so advised. Contractors should also be informed that neither the presence of the CONSULTANT's field representative nor the observation and testing by the CONSULTANT shall excused contractorit ini anyy wayf ford defectsi inc contractor'swork. Itis agreedthat the CONSULTANT will not ber responsiblef forj jobo ors sites safety ont the! Project andt that the CONSULTANT does not have ther rightt to stop the work ofa any 25. Submittals: CONSULTANT'S review of shop drawings and other submittals is to determine conformity with the design concept only. Review of shop drawings and submittals does not include means, methods, techniques, orp procedures ofc construction, including! butr not! limited to, safety 26. Insurance: As a condition precedent to this Agreement, prior to commencing with any work under this Agreement, the CONSULTANT shall provide proof of insurance for the required policies and coverages; @) Workers' Compensation: CONSULTANT shall provide and maintain Workers' Compensation insurance, as required by the laws of North Carolina, covering all of CONSULTANT'S employees who are engagedi in any work under the Agreement. If any work is subcontracted, CONSULTANT shall require the subcontractor to provide the same coverage of any of its employees engaged in any work under the Agreement; (i) Commercial General Liability ("CGL"): CONSULTANT shall provide CGL insurance ata a level of atl least one million dollars ($1,000,000) each occurrence and two million ($2,000,000) annual aggregate; and (ii Automotive Liability: CONSULTANT shall provide Automotive Liability insurance to include liability coverage covering all owned, hired and non-owned vehicles used within North Carolina in connection with the Agreement. The minimum combined single limit shall be, at a minimum, one million dollars ($1,000,000) single limit and $1,000,000 annual aggregate. CONSULTANT will submit to CLIENT copies of Certificates of Insurance on the latest approved North Carolina Department of Insurance Acord Form 25 bya ani insurer authorized to do business in North Carolina by the North Carolina Department of Insurance and rated A- (minus) orb better  character.  Agreement.  specifications ors standards. 24. Field Representative: If CONSULTANT specific aspects oft the testing ofs  field services or a contractor involvedi bei in  contractors severe weather.  Project. Shoulda  CLIENT's contractors, agents, ore employees.  contractor.  requirements.  jurisdictioni inN Mitchell County, North Carolina.  by AM. Best Company.  WithersRavenel, Inc.  Standard" Terms & Conditions Page 2  Effective September 14, 2020    DocuSign Envelope ID: 93CA03AA-7714-49FB-A6C5-D33D1A4B3CD6  WithersRavene! Our People. Your Success. EXHIBIT II Fee & Expense Schedule Description Funding &A Asset Management  Description Engineering & Planning Construction Project Professional Construction Managerl Construction Managerl II Senior Construction! Manager CADT Technician! CADI Technician II Senior CAD1 Technician Designerl Designerl II Senior Designer Landscape Architectl Landscape Architect II Landscape Architectl II Senior Landscape Architect Landscape Designerl Landscapel Designerll Planning Technician Plannerl Plannerl II Plannerl III Senior Planner Project Engineer ProjectE Engineer II Project Engineer III Senior Project Engineer Assistant Project Manager ProjectN Manager Senior Project Manager Resident Project Representativel Resident Project Representativel II Resident Project Representativel III Senior Resident Project Representative Staff Professionall Staff Professionalll Staff Professionall III Staff Professionall IV Senior Staff Professional Senior Technical Consultant Client Experience! Manager Director Principal Zoning Specialist Project Coordinator Project Coordinator II Project Coordinator III Senior Project Coordinator Lead Project Coordinator  Rate $ 155 GIS Senior Specialist $1 160 GIS Specialist $ 175 GIS Survey Technician! $ 200 GISS Survey Technicianl $1 110 GIS Survey Technicianl II $ 125 GIS Survey Lead $150 GIST Technician $ 140 GISA Analyst! $ 160 GISA Analyst! $ 180 GISF Project Manager $ 160 GISN Manager $ 185 FSAMA Assistant Project Manager $ 205 Internl $ 225 Internl $1 140 F&AMI Implementation: Specialist 150 FRAME Project Consultant! $ 120 F&AMI Project Consultant! $ 130 FSAME Project Consultant! III 150 F&AMI Project Consultant IV 175 F&AMS Senior Project Consultantl $ 185 F&AMS Senior Project Consultant! II 175 F&AMF Project Manager 185 F&AMF Principal 205 F&AMD Director $ 225 F&AMS Staff Professionall 185 F&AMS Staff Professionall! $ 205 F&AMS Staff Professionalll $ 225 FGAMS Staff Professional IV 105 F&AMS Senior Project Manager 125 F&AMS Senior TechnicalConsultant $ 140 150 GeomaticsCADI 95 Geomatics CADII $ 150 Geomatics CADII $ 160 Geomatics ProjectN Managerl $ 200 Geomatics Project Managerl I $ 210 Geomatics Project Managerl! $ 260 Geomatics Project Professionall 240 Geomatics Project Professionall! $ 245 Geomatics Principal 270 Geomatics Remote Sensing Crewl $ 350 Geomatics Remote Sensing Crewll Geomatics Survey Crewl $ 100 Geomatics Survey Crew! I2N Man) $ 120 Geomatics Survey Crewl I(3N Man) $130 Geomatics Senior Manager 140 Geomatics Surveyl Techl $ 150 Geomatics Survey Techl II Geomatics Survey Techl III Geomatics Survey Techl M Geomatics Sr. Technical Consultant Geomatics SUE Crew1 Geomatics SUE Crew2 2  Rate  Description Environmental  Rate $ 85 $ 100 $ 105 $ 120 $ 155 $170 $ 195 $ 195 $ 245 $ 155 $ 170 $ 195 $270 $ 155 $ 170 195 $ 110 $ 135 $ 145 $ 110 135 $145 $ 110 $ 135 145 70 85 95 $ 105 95 125 155 75 $ 125 $ 130 135 $1.75 $11.00 PerIRS 1.15 1.15 $400  $175 Environmental Technician! $155 Environmental" Technicianl II $80 Environmental" Technicianl III $105 Senior Environmental Technician $125 Environmentall Project Geologist! $140 Environmentall Project Geologist! II $100 Environmental Project Geologist III $125 Environmental Senior Project Geologist $ 215 $140 Environmental, Assistant Project Manager $ 170 $175 Environmentall Project Manager $225 Environmental: Senior Project Manager $215 $170 Environmentall Director $70 Environmentall Project Engineerl $90 Environmentall Project Engineer II $155 Environmentall Project Engineer III $125 Environmental! Senior ProjectE Engineer 215 $135 Environmentall Principal $140 Environmentall Project Scientistl $145 Environmentall Project Scientist I $155 Environmentall Project Scientist III $160 Senior Environmentall Project Scientist $ 215 $175 Environmental Scientistl $270 Environmental: Scientist II $245 Environmental: Scientist! III $75 Environmental Geologist! $120 Environmental Geologist! II $160 Environmental Geologist III $200 Environmentall Professional $225 Environmental Professional $255 Environmentall Professional III $125 Administrative Assistant $140 Administrative. Assistant! $175 Administrative. Assistantll II $185 Administrative Assistant III $215 Marketing Administration! $155 Marketing Administration! II $180 Directorc of Marketing $250 Office Administration $225 Office Administratorl $315 Office Administrator! II $160 Office Administratorl III $195 $240 Bond Prints (Per Sheet) $225 Mylar Prints (Per Sheet) $65 Mileage $95 Delivery- Project Specific (Distances &F Priority) $125 Subcontractor Fees (Markup) $135 Expenses /R Reprod./ /P Permits (Markup) $225 $195 Expert) Witness $265  Geomatics  Environmentals Senior Technical Consultant 240 Administrative  $105  ProjectCoordinators  Expenses  Other  Effective. January 1, 2024 - Schedule is subject to change  Engineers Planners Surveyors    Docusign Envelope ID: 93CA03AA-7714-49FB-A6C5-D33D1A4B3CD6  ATTACHMENT A Contract Provisions  Equal Employment Opportunily. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating tol Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,  Department ofLabor."  2) Debarment and Suspension (Executive Orders 12549. and 12689)-A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than 3) Byrd. Anti-Lobbying Amendment (31 U.S.C. 132)-Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies tot thet tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 4) Access to. Records and Record Retainage - In general, all official project records and documents must be maintained during the operation oft this project and for a period of three years following closeout, in compliance with 24 CFR $570.490. Thel North Carolina Department of Environment and Natural Resources, the North Carolina Department ofTreasurer, U.S. Department ofHousing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records ofthe Planning Agency which are pertinent to the execution ofthis Agreement, for the purpose ofmaking audits, examination, excerpts, and transcriptions in compliance with the above Rule. 5) Conflict ofInterest (2 CFR Part$200.318 General. Procurement. Standards) Interest of Members, Officers. or Employees of the Planning Agency, Members of the Local Government, or Other Public Officials no member, officer, or employee of the Planning Agency, or its agents; no member oft the governing body ofthe locality in which the program is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any financial interest, either direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed inc connection with the program assisted under this Agreement. Immediate family members ofsaid members, officers, employees, and officials are similarly barred from having any financial interest  Executive Order 12549.    DocuSign Envelope ID: 93CA03AA-7714-49FB-A6C5-D33D1A4B3CD6  in the program. The Planning Agency shall incorporate, or cause to be incorporated, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this Civil Rights Act of1964- - Title VI- The Planning Agency shall comply with Title VI oft the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from ap program or activity, denying benefits of, or otherwise discriminating against a person on the basis ofr race, color, or national origin (42 U.S.C. $8 2000d et seq), as implemented by the Department ofthe' Treasury'sTitle VII regulations 31 C.F.R. Part 22, whichl herein incorporated! by the reference and made a part of this Contract. Title VI also provides protections to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. SS 2000d et. seq., as implemented by the Department of Treasury's Title VI regulations 31 C.F.R. 7) Nondiscrimination Clause No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available 8) Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. $S 301 et seq.) - No qualified person shall, on the basis of race, color, religion, national origin, sex, familial status, or 9) Section 504, Rehabilitation Act of1973, as amended. No qualified disabled person shall, on the basis of disability be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal 10). Age Discrimination Act of 1975, as amended No qualified person shall on the basis of age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal financial 11) Title II of the Americans With Disability Act of 1990, as amended (42 U.S.C. SS 1210let seg), which prohibits discrimination on the basis of disability in programs, activities, and services provide or made available by state and local governments or instrumentalities or agencies thereto. 12) Solicitation of Minority and Women-Owned. Business Enterprises - (A) If the Planning Agency intends to let any Subcontracts, the Planning Agency shall (1) place qualified small and minority businesses and women's business enterprises on its solicitation lists; (2) assure that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; (3) divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; (4) establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women's business enterprises; (5) use the services and assistance, as appropriate, of the Small Business Administration, the Minority Business Development Agency oft the Department ofCommerce, andi the North Carolina Office: for  section.  Part 22, and herein incorporated with this Contract.  under the Housing and Community Development Act of 1974, Section 109.  disability, be subjected to discrimination in housing.  financial assistance.  assistance.    DocuSign Envelope ID: 93CA03AA-7714-49F8B-A6C5-D33D1A4B3CD6  Historically Underutilized Businesses. (B) For the purposes of Section XII.A., an entity shall qualify (I)as a "minority business" or "women's business enterprise" ifiti is currently certified as al North Carolina "historically underutilized business" under Chapter 143, Section 128.4(a) oft the N.C. General Statutes (hereinafter G.S.), and (2)a as a "small business" ifiti is independently owned and operated and is qualified under the Small Business Administration criteria and size standards 13) Termination of Agreement for Cause - In accordance with Appendix II Part 200, if, through any cause, the Planning Agency shall fail toi fulfill in a timely and proper manner its obligations under this Agreement, or violate any of the covenants, conditions, or stipulations ofthis Agreement, the Local Government shall thereupon have the right to terminate this Agreement by giving written notice ofs such termination and specifying the effective date thereof. Ins such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared under this Agreement shall, at the option ofthe Local Government, become its property, and the Planning Agency shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials in direct proportion to the 14) Remedies/Sanctions or Breach of Contract Terms In accordance with Appendix II to Part 200, upon written notice, the Local Government may withhold payments to the Planning Agency ifthe Planning Agency shall fail to fulfill in a timely and proper manner its obligations to the Local Government under this contract, or if the Planning Agency shall violate any of the conditions of this contract. The Local Government shall in its written notice to the Planning Agency fully describe the nature of failure or violation by the Planning Agency, the corrective action required of the Planning Agency, and the Local Government shall allow thel Planning Agency thirty (30) days from the date ofthe notification to correct such failure and/or violation. Ifsuch: failure or violation is corrected by the Planning Agency within thirty (30) days from the date of notification, then the Local Government shall process payment(s) to the Planning Agency. Ifsuch failure or violation is not corrected within thirty (30) days from the date oft the notification, then the Local Government 15). Increasing Seatbelt Use in the United States = Pursuant to Executive Order 13043, 62 Fed. Reg. 19,216 (April 18, 1997) the Planning Agency is encouraged to adopt and enforce on-the-job seat belt policies andj programs fori its employees when operatingcompayownen rented, or personally 16) Reducing Text Messaging While Driving-Pursuant: tol Executive Order 13513,74 Fed. Reg. 51,225 (October 6, 2009) the Planning Agency is encouraged to adopt and enforce policies that ban text  atl 13C.F.R. Part 21.  extent ofs services actually completed.  may proceed to terminate this contract.  owned vehicles.  messaging while driving.    DocuSign Envelope ID: 93CA03AA-7714-49FB-A6C5-D33D1A4B3CD6  WithersRavene! Our People. Your Success.  ATTACHMENT B DEBARMENT STATUS CERTIFICATION  This form must be attached andi made ap part of allo contracts obligated by grantees and paid with federal funds. By entering into this Agreement, the CONTRACTOR certifies that they nor any person or firm who has an interest ini the CONTRACTORS firm is a person or firm ineligible to be awarded Government contracts by virtue of 29 CFR 5.12(a)(1), 2 CFR S 2424, 2 CFR S 180.220, and 40 U.S. Code S 3144, or if applicable, by virtue of Section 3(a) of thel Davis-Bacon Act. No part oft this Contract shall be subcontractedi to any person ori firmi ineligible for award of a Government contract by virtue of 29 CFR: 5.12(a)(1), 29 CFRS512,2CFRS 2424, 2 CFR S 180.220, and 40 U.S. Code S 3144, or, if applicable, by virtue of Section 3(a) of the Davis- Bacon. Act." The penalty fori making false statements is prescribed ini the U.S. Criminal Code, 18 U.S.C.1001  and 18 U.S.C. 1010. DocuSigned! by: Dori Salk (Authorized Signature) Dori Sabeh, PE, GISP (Printed Name and Title) 6/20/2024 (Date)  CONTRACTOR INFORMATION  WithersRavenel, Inc (Name of Contractor) 115 MackKenan Drive (Street Address and/or PO Box) Cary, NC27511 (City, State, Zip Code)  Director of Stormwater  Fed ID 56-1740520 /U Unique Entity ID SK8ECFTPUEH7 (Unique Entity ID, Tax Identification or Social Security Number)  FORFUNDING RECIPIENT USE ONLY  The Federal List of Parties Excluded from Federal Procurement or Non-procurement Programs (www.sam.gov) and State of North Carolina Debarred Vendors List ittp//ncadmin.ncgov/povernmente agencies/procurement/contracts/debarred-vendors) have been checked and the above contractor or subcontractor has been determined to be eligible to participate in a federally assisted project. Attached is  the documentation proving eligibility (websites printout).  (Signature of Verifying Officer) (Printed Name and Title) (Date)  (Local Government Name) (Project Name) (Project Number)  Attachment B- Debarment Status Certification    DocuSign Envelope ID: 93CA03AA-7714-49FB-A6C5-D33D1A4B3CD6  Federal Debarment Search nttps://sam.gov/content/home  SAM.GOV  Unique EntityID SK8ECFTPUEH7 8T6L1  CAGE/NCAGE  ExpirationDate Dec4,2024  Physical Address 115N Mackenan! DR Cary, North Carolina 27511-7903, United States Purpose of Registration ALLA Awards Version Current Record  Mailing Address 115 Mackenan DR Cary, North Carolina 27511-7903, United! States  Attachment B - Debarment Status Certification  Page 1 of1    Lastundatedhv Christonher Brvanton! Dec05. 20230115:04PM DocuSign Envelope ID: 3CADAATIAAGFBAGC5D33DIMEBSCD6 SAM.GOV WITHERSRAVENEL, INC  WITHERSRAVENEL, INC  Unique Entity ID SK8ECFTPUEH7 Registration Status Active Registration Physical Address 115 Mackenan DR Cary, North Carolina 27511-7903 United States Business Information Doing Business as (blank) Congressional District North Carolina 13 Registration Dates Activation Date Dec 7,2023 Entity Dates Entity Start Date Apr 23,1 1991 Immediate Owner CAGE 8PQT6 Highest Level Owner CAGE (blank) Executive Compensation responded tot the questions. Proceedings Questions  CAGE/NCAGE 8T6L1 Expiration Date Dec 4, 2024 Mailing Address 115 Mackenan DR Cary, North Carolina: 27511-7903 United States Division Name (blank). State Country ofl Incorporation North Carolina /United States Submission Date Dec 5, 2023 Fiscal Year End Close Date Dec 31 LegalE Business Name WITHERSRAVENEL, INC. EMPLOYEE STOCK OWNERSHIP TRUST Legal Business Name (blank)  Purpose ofF Registration AII Awards  Division Number (blank) URL wwwthersravenel.com Initial Registration Date Aug 21,2020  Registrants int the System for Award Management (SAM) respond tot the Executive Compensation questions ina accordance with Section 6202 of P.L. 110-252, amending the Federall Funding Accountability: and" Transparency Act (P.L.1 109-282). This information is not displayedi in SAM.Itis sent to USAspending.govi for display ina association with ane eligible award. Maintaining ana active registration in SAM demonstrates the registrant Registrants int the System for Award Management (SAM.gov) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9, or2.C.F.R.: 200 Appendix XII. Their responses are displayed int the msponsibllygualtication section of SAM.gov. Maintaining an active  registration in SAM.gov demonstrates the registrant responded tot the proceedings questions.  Exclusion Summary Active Exclusions Records? No SAM Search Authorization Yes Entity Types Business Types Entity Structure Corporate Entity (Not Tax Exempt) Profit Structure For Profit Organization Dec07,. 202302AOIPMGHT https:llsam.g RePDOKAECTPUEITerDauahaums-m.  lauthorize mye entity's non-sensitive information to be displayed in SAM publics searchr results:  Entity Type Business or Organization  Organization Factors Subchapter S Corporation  Pagelof3    Lasfundatedhy Christonher Brvanton! DerAs. 2023a15:04PM DocuSign Envelope ID: 93CA03AA-7714-49FB-A6C5-D33D1A4B3CD6  ITIERSRAVENEL, INC  Socio-Economic Types  Check the registrant's Reps & Certs, ifp present, under FAR 52.212-3 orF FAR 52.219-1 to determine ift the entityi is an SBA-certified HUBZone: small business concern.. Additional small business information may be foundi int the SBA's Dynamic Small Business Search ift the entity completed the  SBA supplemental pages during registration. Financial Information Accepts Credit Card Payments Yes EFT Indicator 0000 Points of Contact Electronic Business 2 Christopher CE Bryant Government Business & KerryTColwell Service Classifications NAICS Codes Primary Yes  Debt Subject To Offset No CAGE Code 8T6L1  1151 Mackenan! Drive Cary, North Carolina 27511 United States 115 Mackenan Drive Cary, North Carolina 27511 United States  NAICS Codes 541330 237110 237210 237310 237990 513210 518210 541320 541340 541360 541370 541512 541620 541990 561990 562212 562910  NAICS Title Engineering: Services Water And Sewer Line And Related Structures Construction Lands Subdivision Highway, Street, And Bridge Construction Other Heavy And Civil Engineering Construction Software Publishers Computing Infrastructure Providers, Datal Processing, Web Hosting, And Related Services Landscape Architectural Services Drafting Services Geophysical Surveying And Mapping Services Surveying And Mapping (Except Geophysical) Services Computer Systems Design Services Environmental Consulting Services AlIO Other Professional, Scientific, And Technical! Services AlI Other Support Services Solid Waste Landfill Remediation Services  Product and Service Codes PSC B510 B517 B532 Dec07, 20230624:01PMIGMT hps.lomgowentily.skena-mul  PSC Name  Special Studies/Analysis- Environmental. Assessments Special Studies/Analysis- Geological Special Studies/Analysis- Soil  Page2ef3    Lastundaledl Christonher Brvanton! DecAs. 2023ar5:4PM. DocuSign Envelope ID: SCADAA7I4AGFEASCSD33DiMB3CDS  THERSRAVENEL, INC  C219 F109 F110 R404 R425  Architect And Engineering- General: Other  Environmental Systems Protection- Leaking Underground. Storage Tank Support Environmental Systems Protection- Development Of Environmental Impact Statements And Assessments, Technical Analysis And! Environmental. Audits Support- Professional: Land Surveys-Cadastral Non-Construction), Support- Professional: EngineringTechnical  Disaster Response Bonding! Levels (blank) States North Carolina South Carolina Virginia  Yes, this entity appears int the disaster response registry.  Dollars (blank) Counties (blank)  Metropolitan Statistical. Areas (blank)  De:01,2030424.01 PMGMT  Page 30f3    DocuSign Envelope ID: 93CA03AA-7714-49FB-A6C5-D33D1A4B3CD6  WithersRavene!  ATTACHMENT C E-VERIFY AFFIDAVIT  STATE OF NORTHÇAROLINA COUNTYOF Ve  L.CHAN BPVYANT itneskavenel swears ora affirms asf follows:  (the individual attesting below), being duly authorized by and on behalf of (the entity bidding on project hereinafter "Employer"): after first being duly sworn hereby  1. 2. 3.  Employer understands that E-Verifyist thef federalE E-Verify program operated byt the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly! hired Employer understands that Employers Must Use E-Verify Each employer, after hiring an employee to work int the United Employer isa person, business entity, or othero organization that transacts businessi int this State: and that employs 25 orr more  employees pursuant tof federal lawi ina accordance with NCGS 564-25(5).  States, shall verify the work authorization oft the employeet through E-Verifyi ina accordance with NCGS564-26(a).  employees int this State. (mark Yes or No) a. YES Xor b. NO 4. This 5 dayo of Signature of Affiant:  Employer's subcontractors comply with E-Verify, andi if Employer is the winning bidder ont this project Employer wille ensure  compliance with E-Verify bya any: subcontractors: subsequently hired! by! Employer.  at  Print or Type! Name: C4NBAANT Statec of North( Caralina County of Wake Signed and sworn to( (or affirmed) beforer me, this the. 5  dayo ofs Jahnany_2023 My Commission! Expires: 10/18124  AW OTAR) PUBLIC Rut COU    Chapter 13. - Noises.  Sec. 13-1. Noise Nuisance Prohibited.  A. General Prohibitions. Itshall be unlawful to create, cause or allow the continuance of any unreasonably loud, disturbing, or frightening noise, particularly during the Nighttime, which substantially interferes with neighboring residents' reasonable use and enjoyment oft their properties. For purposes oft this Chapter, Nighttime"is Specific Prohibitions. The following acts are prohibited and shall be considered  defined as the time between 11:00 p.m. and 8:00 a.m.  B.  nuisance acts: 1.  Horns and signaling devices. The intentional sounding of any horn or signaling device of a motor vehicle on any street or public place continuously ori intermittently, except as a danger or emergency warning. Motor vehicles. Operating or permitting the operation ofany motor vehicle or motorcycle not equipped with a muffler or other device in good working order sO as to effectively prevent loud or explosive noises therefrom. Exterior loudspeakers. Operating or permitting the operation of any mechanical device or loudspeaker, without a permit to do so, in a fixed or moveable position exterior to any building, or mounted on any aircraft or motor vehicle in such a manner that the sound therefrom is in excess oft the Power equipment. Operating or permitting the operation of any power saw, sander, drill, grinder, leafblower, lawn mower, or other garden equipment, Explosives. The use or firing of explosives, firearms, fireworks or similar devices which create impulsive sound without aj permit from the Town. Security alarms. The sounding of a security alarm, for more than twenty (20) minutes after being notified by law enforcement personnel that the Dogs and other animals. Allowing one or more dogs or other animals to bark or make disturbing noises continuously or intermittently for more than Motor vehicle speakers or speakers located in or on a motor vehicle. Operating or permitting the operation of any speaker or sound in oronan motor vehicle in such al manner that the sound therefrom isi in excess of the maximum permitted sound level as defined in $ 13-3.  2.  3.  maximum permitted sound level as defined in $ 13-3.  4.  ort tools ofa similar nature, outdoors during Nighttime.  5. 6.  alarm has been activated.  7.  thirty (30) minutes.  8.    9.  Musical instruments or sound amplification equipment. The playing ofany musical instrument or electronic sound amplification equipment outdoors or from a motor vehicle during the Nighttime that can be heard from an adjoining property or at a distance of greater than twenty (20): feet from the source of the sound. This prohibition shall also apply to sounds produced and/or amplified by equipment located indoors, in the event that the sound propagates to the outside through the building SO as tol bel heard as provided  in this section. August 18, 1975  Adopted: Revised:  August 10, 1981; July 8, 2024 (Ordinance 24-3)  Sec. 13-2. Exceptions.  The: following are exempt from the provisions oft this subchapter:  A. Sound emanating from regularly scheduled outdoor athletic events on the campus  ofschools within the Town's corporate limits.  B.  Construction operations from 7:00 a.m. to 9:00 p.m. weekdays and 8:00 a.m. to 9:00p.m. on weekends: for which building permits havel been issued, or construction operations at any time for projects not requiring permits due to ownership of the project by an agency of the government, or any applicable exemption from permitting requirements. Provided, however, that all equipment used in connection with construction operations not requiring aj permit shall be operated in accord with the manufacturer's mufflers and noise-reducing requirement is in use and in proper Noises ofs safety signals, warning devices, emergency pressure relief values, and all  operating condition. church bells.  C.  D. Noise resulting from any authorized emergency vehicle when responding to any E. Any other noise resulting from activities ofat temporary duration permitted by law, and for which a license or permit shall be according to the conditions and limits Unamplified and amplified sound at authorized festivals and parades.  emergency call or acting in time of emergency.  stated on the permit and contained above.  F.  G. Parades and demonstrations exempted from permitting requirements including funeral processions, any governmental agency acting within the scope of its functions, and students going to or from school classes or participating in educational or recreational activity where the activity is under the supervision and  direction of proper school authorities.    H. All noises coming from the normal operations of properly equipped aircraft (not  including scale model aircraft).  I. J. K.  All noises coming from the normal operation of motor vehicles properly equipped with the manufacturer'ss standard mufflers and in good working order. Noise from lawful fireworks and noisemakers on holidays and at religious Lawnmowers, agricultural equipment, and landscape maintenance equipment used between the hours of 6:00 a.m. and 10:00 p.m. when operated with all the manufacturer's: standard mufflers and noise-regulating equipment in use and proper  ceremonies.  operating condition. funerals.  L. Musical accompaniment or firearm discharge related to military ceremonies or M. Emergency work necessary to respite property to a safe condition following a fire, accident, or natural disaster, or to restore public utilities, or to protect persons or  property from imminent danger.  N. Noises resulting from the provision of government services.  O. Noises resulting from the provision of utility or sanitation services between the  hours 6:00 a.m. and 10:00 p.m. except in cases of an emergency.  Adopted: Revised:  August 18, 1975  August 10, 1981; July 8, 2024 (Ordinance 24-3)  Sec. 13-3. Miximum Permitted Sound Levels.  In addition to the requirements of $ 13-1, and except as otherwise provided herein or in conjunction with special events permits, it shall be unlawful for any person or group of persons, regardless of number, to willfully make, continue or cause to be made or continue any loud, raucous, and disturbing noise. For purposes of this subchapter, loud, raucous and disturbing noise shall mean any sound which, because ofi its volume level, duration and character, annoys, disturbs, injures or endangers the comfort, health, peace, or safety ofreasonable persons of ordinary sensibilities within the corporate limits of the Town. The prohibition set forth in this section shall be limited to such loud, raucous, and disturbing noises as are heard upon the public streets, in any public park, in any school or public building or upon the grounds thereof while in use, in any church orl hospital or upon the grounds thereof while in use, upon any parking lot open to members of the public as invitees or licensees, or in any occupied residential unit which is not  the source of the noise, or upon the grounds thereof.  Adopted: Revised:  August 18, 1975  August 10, 1981; July 8, 2024 (Ordinance 24-3)    Sec. 13-4. Permits to Exceed Limits.  A. Aj person or group of! persons may produce or cause to bej produced sound in excess oft the levels authorized in $1 13-3, only if a permit to exceed the limit for the time  and place oft the activity has been obtained.  B. Any person or group of persons desiring a permit shall apply as provided herein and shall provide all the information required. All applications shall be submitted tot the Town Clerk at least five (5) business days prior to the scheduled event. Failure to comply with this requirement shall be grounds for denying the permit. The Town Manager or his designee shall have authority to take final action on all applications for permits specified in this subchapter. In considering acting to approve or deny issuance of permits, the Town Manager or his designee shall consider, but shall not limit consideration to the following: the timeliness of the application; the nature of the requested activity; previous experience with the applicant; the nature of the event; other activities in the vicinity of the location proposed; the frequency of the application; the cultural or social benefit of the proposed activity; the effect of the activity on the residential areas of the Town; previous violations oft the requirements of this subchapter, ifany, by the applicant. D. Permits to exceed limits shall specify the duration for which noncompliance shall be permitted and may prescribe the conditions or requirements necessary to minimize adverse effects upon the community or surrounding neighborhood. The Town Manager or his designee may require, without limitation, the following: 1. That no sound speakers shall be set up more than ten (10) feet above the  C.  ground;  2.  That the permit holders change the arrangement of loudspeakers or sound instruments SO as to minimize the disturbance to others resulting from the position or orientation of the speakers or from atmospherically or geographically caused dispersal of sound beyond the property lines. Permit holders shall agree to cooperate with the Police Department in enforcing these noise control regulations by having signers of the permit available at the site ofthe event during the entire time for which as permit has been issued and capable of assisting the Police Department in enforcing the requirements of this Chapter. Failure oft the permittee or designees to be present or to assist the Police Department in compliance with this Chapter will result in revocation of the permit.  E.  Adopted: Revised:  August 18, 1975  August 10, 1981;July 8, 2024 (Ordinance 24-3)    Sec. 13-4. Complaints and Investigations.  Iti is the intent of the Town Council that violations of this Chapter should be investigated and administered by the Police Department in response to citizen complaints. Notwithstanding this intent, this section shall not be interpreted as prohibiting enforcement by the Police Chief, or any Police Officer, upon finding a violation oft this Chapter in the course of official duties. In any event, the Police Chief or Police Officer enforcing this Chapter shall investigate any alleged violation inj person to enable the Police Chiefor Police Officer to personally attest to the violation.  Adopted: Revised: Sec. 13-5. Penalties.  August 18, 1975  August 10, 1981; ;July 8, 2024 (Ordinance 24-3)  Violation ofany provision oft the Chapter shall be grounds for immediate revocation of any permit issued pursuant to $ 13-4.1 In addition, aj person violating any provision oft this Chapter may  be charged with a civil fine as specified herein.  A. The Town may recover penalties in the form ofa civil action in the nature ofa debt ift the offender does not pay the penalty within five (5) business days after being  cited for a violation.  B. The following civil penalties are established for violations oft this Chapter:  1. 2. 3.  Warning citation (to be issued in the discretion of the issuing officer):  correct violation immediately. First citation - $100.00.  Second citation for same offense -$250.00.  C. Ini the event ofat third violation for the same offense, the Police Officer shall charge the violator with a Class 3 misdemeanor pursuant to N.C.G.S. $ 14-4(a) and a fine  of five hundred dollars ($500.00).  D. No permits pursuant to 13-4 shall be issued to anyone with outstanding civil penalties or anyone guilty ofa criminal violation. hereunder for a period ofthree (3)  years from the date oft the conviction.  E. In addition to the foregoing enforcement provisions, this Chapter may be enforced by any remedy provided in N.CG.S. S 160A-175, including, but not limited to, all appropriate equitable remedies issued from a court of complete jurisdiction as provided in N.C.G.S. S 160A-175(e). This section specifically provides that each day'sc continuing violation shall be a separate and distinct offense.  Adopted:  August 18, 1975    Revised:  August 10, 1981; July 8, 2024 (Ordinance 24-3)    Chapter 14-Nuisances  Sec. 14-1. Creation of Public Nuisances Unlawful.  A. This Chapter is enacted pursuant to the Town's authority to define, prohibit, regulate, and abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens or the peace and dignity of the Town and to define and abate nuisances pursuant tol N.C.G.S. $8 160A-174and-175; to: summarily remove, abate, or remedy everything in the Town limits or within one (1) mile thereof that isd dangerous or prejudicial tot the public health or public safety pursuant to N.C.G.S. $160A-193; and toj provide annual notice to chronic violators pursuant tol N.C.G.S. B. Any person whose intentional acts or omissions results in a violation ofthis Chapter isr responsible for the violation as provided herein. Any person who isa al Responsible Person with respect to real property where a nuisance is or was maintained is responsible to abate the nuisance and/or may be subject to penalties as specified herein. For purposes ofthis Chapter, a Responsible Person includes any person who has ownership, legal control of, or actual possession of the property in question, including an owner, lessee, sublessee and/or occupant, as well as thei invitees ofany The obligations set forth in this Chapter shall extend to the area between the  $ 160A-200.1.  such person.  C.  property line ofal lot and curb-line or edge of the roadway.  Adopted: Revised:  August 18, 1975 July 8, 2024 (Ordinance 24-2)  Sec. 14-2. Public Nuisances Enumerated.  A. The existence of any of the following conditions on any parcel ofl land within the Town, whether onj public or private property and whether such property isi improved or unimproved, is hereby declared to be dangerous and prejudicial to the public  health and/or safety, and to constitute aj public nuisance.  1.  The uncontrolled growth of weeds or grass to a height of ten inches (10") inches or more within one hundred feet (100') ofany principal structure or Any accumulation of animal or vegetable matter that is offensive by virtue ofo odors or vapors or which is inhabited by rats, mice, snakes or vermin of any kind, which is or may be prejudicial to the public health. Any accumulation of trash garbage, or other waste not in compliance with  public right-of-way.  2.  3.  the provisions ofthis Chapter.    4.  Any accumulation of hazardous refuse or concentration of combustible items such as mattresses, carpet, boxes, paper, automobile tires, vehicle parts, old clothes, or any other combustible materials or objects of like  nature. Open wells.  5. 6. 7.  Any accumulation of stagnant water causing or threatening to cause the The open storage of any item detrimental to the public health or safety, including but not limited to any furniture, appliance, refrigerator, freezer, stove, automobile tire(s) and parts, glass, building materials, or building Any condition detrimental to the public health which violates the rules and  inhabitation thereof by mosquitos.  rubbish.  8.  regulations ofthe Mitchell County Health Department.  9. The presence of any debris from the demolition of any structure on the property, including but not limited to partially demolished walls, foundations, basements, building materials and rubbish, after the cessation  ofall active demolition activity on the property.  B. All abandoned, nuisance and junked vehicles shall be governed pursuant to Chapter  12, Article VI oft the Town Code. August 18, 1975 July 8, 2024 (Ordinance 24-2)  Adopted: Revised:  Sec. 14-3. Duty to Investigate Possible Nuisance.  Ifa an authorized code enforcement officer shall have reasonable cause to believe there is a violation oft this Chapter, s/he shall have the right to enter on any premises within the Town at any  reasonable hour in order to determine ift there is a violation oft this Chapter.  Adopted: Revised:  August 18, 1975 July 8, 2024 (Ordinance 24-2)  Sec. 14-4. Notice and Order to Abate Nuisance.  A. Notice of Existence and Opportunity to Abate Nuisance.  1.  Upon a determination that a public nuisance as described in this Chapter exists, the code enforcement officer shall notify in writing the property owner and, to the extent actually known to the code enforcement officer,    any other Responsible Person of the condition constituting the public nuisance and shall order the prompt abatement thereof. The notice of violation shall notify the recipient oft the following:  2.  i. ii.  That condition(s) exist on the property which constitute a The condition(s) existing and the Code provision(s) that are violated  public nuisance; by such condition(s);  iii. The location of such condition(s);  iv. That the property owner and any other Responsible Person are ordered to abate the public nuisance, and that, unless the condition is abated within the prescribed period, the conditions constituting anuisance will be abated by the Town and the cost of abatement shall constitute a lien against the premises, may be collected in the  nature ofa a civil action.  B. Manner ofNotice. 1.  The notice of a violation of this Chapter shall be served on the property owner, and any Responsible Party if actually known to the code  enforcement officer:  i.  Personal delivery of such notice;  ii. By mail sent by both regular first class mail and by certified mail, return receipt requested, to the address then on file in the Mitchell  County property tax assessor's office; or  iii. By electronic mail, if the property owner confirms receipt of the Any such notice may be served by any authorized representative of the Town Manager, his or her designee, the code enforcement officer, or by any Town police officer. If service cannot otherwise be made on a property owner, the property shall be posted with the notice. Notice shall be served in the same manner upon any other Responsible Party of whom the code  notice by electronic mail.  2.  enforcement officer is actually aware.  C. Except as provided at subsection (D)ofthis section, the Town ordinarily shall allow fifteen (15) calendar days from the receipt of such written notice for abatement of the nuisance. However, for good cause expressed in the written notice to abate, the code enforcement officer may provide a shorter or longer time for the abatement.    D.  Notwithstanding the foregoing provisions or any other provision ofthis Chapter, if, in the opinion of the Town Manager, his or her designee, or the code enforcement officer, an unlawful condition is such that it poses imminent danger or peril to public, the Town may, with or without prior notice, proceed to abate the same, and  the cost thereof shall be charged against the property owner.  E. Any defect in the method of giving the notice required by this section, or in the form thereof, or the giving of such notice to an improper person, shall not prevent the Town, in any case where the work of abating an unlawful condition upon any property is borne byt the Town, from collecting the cost thereof from the owner, nor shalli it affect the validity oft the lien ont the property for such cost, nor shall it subject  the Town to any liability. August 18, 1975 July 8, 2024 (Ordinance 24-2)  Adopted: Revised: Sec. 14-5. Appeal.  A. Within the period for abatement specified on the notice of violation, the property owner or other Responsible Party may request in writing a review of the nuisance determination by the Town Manager. Unless the unlawful condition is dangerous SO as to require summary abatement per the preceding section, such written request shall stay the abatement of the nuisance by the Town until the completion oft the review by the Town Manager or his or her designee. In the event Within (10) ten days of receiving a request for review, the Town Manager shall hold a hearing to review the nuisance determination. At this hearing, all interested persons shall be heard and may offer evidence and be represented by an attorney. The hearing shall be conducted in an informal manner to determine whether there isa a sufficient legal and factual basis to affirm the nuisance determination, and the rules of evidence shall not apply; provided, that the decision ofthe' Town Manager shall be based upon substantial and reliable evidence. If, following thel hearing, the Town Manager upholds the findings, and declares the condition existing on the property to be a danger and hazard to the health, safety, and general welfare oft the inhabitants of the Town and a public nuisance, the Town Manager shall issue a written order directing the property owner or other Responsible Party to abate the nuisance within ten (10) days and/or, if the nuisance is not abated by the property owner, directing the Town to abate the condition constituting an nuisance. C. Rather than reviewing an appeal, the Town Manager, in his or her sole discretion, may for good cause refer the review ofany notice ofviolation to the Town Council. D. Ifanuisance is found to exist, the responsibility for abatement shall rest with the property owner and any other Responsible Party, notwithstanding that  no appeal is taken, the Town may proceed to abate the nuisance.  B.    the nuisance is found to exist, wholly or in part, within a Town easement which  crosses private property.  E. Nothing in this section shall prevent the property owner or other Responsible Party from abating the nuisance in question in accordance with the notice of violation  prior to any requested review pursuant to this section.  Adopted: Revised:  August 18, 1975 July 8, 2024 (Ordinance 24-2)  Sec. 14-6. Abatement ofNuisance by Town.  Upon the occurrence ofany oft the following conditions, the code enforcement officer shall cause such condition to be removed or otherwise remedied by having employees of the Town, or the Town authorized agents, go upon such premises and remove or otherwise abate such nuisance under the supervision of an officer or employee designated by the code enforcement officer:  A. Al hearing requested under $ 14-5 results in either a final order with modifications or the reinstatement of the initial order as a final order, and such order is not complied with within ten (10) days from adjournment of the hearing.  B. No hearing is requested or held, and the property owner and Responsible Party having been ordered to abate such public nuisance fails, neglects or refuses to abate or remove the condition constituting the nuisance within fifteen (15) days of such  order. August 18, 1975 July 8, 2024 (Ordinance 24-2)  Adopted: Revised:  Sec. 14-7. Cost of Nuisance Abatement to be Charged to Property Owner.  Upon the completion of abatement by the Town, the Town Manager, his or her designee, ort the code enforcement officer shall deliver to the Town's) Finance Director a statement showing the actual cost of the abatement of the unlawful condition plus any additional charges, in accordance with the schedule of fees and charges established by the Town Council. The Finance Director shall thereupon mail to the owner of the subject property a bill covering the cost, ifwith reasonable diligence the name and address of such owner can be ascertained, with instruction that such charges are due and payable within thirty (30) days from the receipt thereof. In the event the costs for abatement are not paid within thirty (30) days after receipt of the statement of charges, such charges may be recovered by the Town in a civil action in the nature of debt.  Adopted: Revised:  August 18, 1975 July 8, 2024 (Ordinance 24-2)    Sec. 14-8. Lien Created upon Failure to Pay Nuisance Abatement Costs.  Int the event charges for the removal or abatement oft the public nuisance are not paid within thirty (30) days after receipt of the statement of charges, such charges shall become a lien against the real property upon which such costs are incurred. The amount of such lien shall be added to the tax roll and collected as unpaid ad valorem taxes, provided, such charges shall beari interest at  eight percent (8%) per annum until paid.  Adopted: Revised:  August 18, 1975 July 8, 2024 (Ordinance 24-2)  Sec. 14-9. Chronic Violators.  A chronic violator is a person who owns property within the Town whereupon, in the previous calendar year, the Town gave notice of violation at least three (3) times under any provision ofthis Chapter. The Town may notify any chronic violator that, ifthe chronic violator's property is found to be in violation oft this Chapter, the Town shall, without further notice in the calendar year in which the notice is given, take action to remedy the violation, and the expense of the action shall become a lien upon the property and shall be collected as unpaid taxes.  Adopted: Revised:  August 18, 1975 July 8, 2024 (Ordinance 24-2)  Sec. 14-10. Procedures in Chapter not Exclusive.  The procedures set forthi ini this Chapter shall bei in addition to any other remedies that may A. Nothing in this Chapter shall be deemed to prevent the Town from proceeding in a criminal action against any person violating the provisions of this Chapter as  now or hereafter exist under law for the abatement of public nuisances.  provided in G.S. $ 14-4.  B. Nothing in this Chapter shall be deemed tol limit the' Town's authority tos summarily remove, abate, or remedy any condition within the Town limits or within one (1) mile thereof that is dangerous or prejudicial to the public health or public safety as  provided in N.C.G.S. $ 160A-193.  C. In addition to ori in lieu of proceeding under any other provision(s) ofthis Chapter, thet town may file: al legal action to abate ai nuisance as provided atN.C.G.S.S160A-  175. August 18, 1975 July 8, 2024 (Ordinance 24-2)  Adopted: Revised:    Chapter 12-1 Motor Vehicles and' Traffic  Article VI. Removal of Abandoned, Nuisance and Junked Vehicles.  Sec. 12-71. Definitions.  For the purpose oft this Chapter, the following definitions shall apply:  A. Abandoned Vehicle. PerN.C.G.S. S 160A-303, an Abandoned Vehicle is one that  is left: 1. 2. 3. 4.  Upon a public street or highway in violation of a law or ordinance On the public property owned or operated by the Town for longer than On private property without the consent of the owner, occupant or lessee On aj public street or highway and is either: (i) left for longer than seven (7) days; or (ii) determined by law enforcement to be a hazard to the motoring Authorizing Official. The Spruce Pince Police Chief, or designated sworn law enforcement officer, or the Town Code Enforcement Officer, or designee, is designated to authorize the removal of Vehicles under the provisions of this Enclosed Area. An area shall be deemed an Enclosed Area when surrounded by a fence, wall or other structure that is at least seven (7): feet tall measured from the ground, is constructed of an opaque material, and surrounds the area on all sides, such that Vehicles behind the said fence, wall or other structure are not visible from  prohibiting parking; twenty-four (24) hours;  for longer than two (2)hours; or  public.  B.  Chapter.  the public right-of-way or other private or public property.  D. Enclosed Structure. A garage or building structure erected pursuant to the lawful issuance ofal building permit, constructed in accordance with all applicable zoning and building code regulations and which provides a complete enclosure such that Vehicles are not visible from the public right-of-way or other private or public Highway. Per N.C.G.S. $ 20-4.01(13), as the entire width between property or right-of-way lines ofevery way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic. The terms streets and roads and other cognates are included within the  property.  E.  foregoing definition.    F. Junked Vehicle. Per N.C.G.S. S 160A-303.2, a Vehicle which does not display a  current license plate and that:  1. 2.  Is partially dismantled or wrecked;  Cannot be self-propelled or moved in the manner in which it originally was  intended to move; or hundred dollars ($500).  3. Isn more than five (5) years old and appears to be worth less than five  G. Vehicle. Any machine designed or intended to travel over land or water by self- H. Nuisance Vehicle. A Junked Vehicle or Vehicle with a current license plate on public or private property that is determined and declared to be a safety hazard, a  propulsion or while attached to any self-propelled Vehicle.  public nuisance and unlawful. and is found to be:  1. 2. 3. 4. 5. 6. 7.  Be aj point of concentration of gasoline, oil or other flammable or explosive Have accessible areas ofconfinement that cannot be opened from thei inside,  materials;  such as trunks, hoods, etc.; Be in danger of falling or turning over; rotten or putrescible matter ofa any kind; Have or collect standing water;  Be a point of collection of garbage, food waste, animal waste, or any other  Have exposed sharp parts or edges of metal or glass; or  Otherwise pose al health and safety hazard as determined by the Authorizing  Official.  Adopted: August 18, 1975 Sec. 12-72. Administration.  Revised: July 13, 2009; July 8, 2024 (Ordinance 24-1)  A. The Authorizing Official shall be responsible for the administration and enforcement of this Chapter. The Chief of Police, or designee sworn law enforcement officer, shall be responsible for administering the removal and the disposition of Abandoned Vehicles on the streets and highways within the Town and on property owned by the Town. The Code Enforcement Officer, or designee,    shall be responsible for administering the removal and disposition of Abandoned. Ifthe appropriate Authorizing Official has probable cause to believe a violation of this Chapter, the Authoring Official shall have the right to enter on any premises within the Town's corporate limits at any reasonable hour in order to determine if The Town may. on an annual basis and with prior approval of the Town Council, contract with private tow truck operators to remove, store and dispose of Abandoned, Nuisance and Junked Vehicles in compliance with this Chapter and  Nuisance and Junked Vehicles located on private property.  B.  any Vehicle isi in violation oft this Chapter.  :.  applicable state laws.  D. Nothing herein shall be construed to limit the legal authority or powers of law enforcement or fire departments in enforcing other laws or otherwise carrying out  their duties.  Adopted: August 18, 1975  Revised: July 13,2009; July 8, 2024 (Ordinance 24-1)  Sec. 12-73. Vehicles Exemptions.  Nothing in this Chapter shall apply to any Abandoned, Nuisance or. Junked Vehicle which A. Located in a bona fide "automobile graveyard" or "junk yard" as defined in N.C.G.S. S 136-143, in accordance with the. Junk Yard Control Act, the same being N.C.G.S. SS 136-141 el seq., and in compliance with applicable zoning standards;  is:  B.  Located in an Enclosed Structure or an Enclosed Area;  C. On the property of a business enterprise being operated in a lawful place and manner if necessary to the operation of the business enterprise provided, however that the Abandoned, Nuisance or Junked Vehicle can not remain on the property outside of an Enclosed Structure or Enclosed Area for a period greater than seven (7) business days. Voluntarily removing a Vehicle from the property for a period oftime then returning it or moving it into an Enclosed Structure or Enclosed. Area and later returning it to an area that is not an Enclosed Structure or Enclosed Area  shall not constitute a new: seven (7) day period.  D. Inan appropriate storage place or depository maintained in a lawful place and  manner by the Town; or  E.  Covered with a fitted cover designed for that Vehicle and parked on property sO that the Vehicle cannot be seen from a public street or abutting property.    Adopted: August 18, 1975  Revised: July 13,2009; July 8, 2024 (Ordinance 24-1)  Sec. 12-74. Abandoned Vehicles Prohibited; Removal Authorized.  A. Its shall be unlawful for the registered owner or person entitled to possession ofa Vehicle to cause or allow the Vehicle to be an Abandoned Vehicle. B. Upon investigation, the Authorizing Official may determine that a Vehicle is an  Abandoned Vehicle and order the Vehicle removed.  Adopted: August 18, 1975  Revised: July 13, 2009; July 8, 2024 (Ordinance 24-1) Sec. 12-75. Nuisance Vehicles Prohibited; Removal Authorized.  A. Its shall be unlawful for the registered owner or person entitled to possession ofa Vehicle, or for the owner. lessee or occupant of the real property upon which the Vehicle is located, to leave or allow the Vehicle to remain on the property after it  has been declared a Nuisance Vehicle.  B. Upon investigation, the Authorizing Official may determine and declare that a Vehicle is a health and/or safety hazard and a Nuisance Vehicle and order the  Vehicle removed.  Adopted: August 18, 1975  Revised: July 13, 2009; July 8, 2024 (Ordinance 24-1) Sec. 12-76. Junked Vehicles Prohibited: Removal Authorized.  A. Itshall be unlawful for the registered owner or person entitled to possession ofa Junked Vehicle, or for the owner, lessee, or occupant of the real property upon which a Junked Vehicle is located, to leave or allow the Vehicle to remain on the  property after the Vehicle has been ordered removed.  B. The Authorizing Official may order the removal ofa. Junked Vehicle after finding, in writing, that the aesthetic benefitso ofremoving the Vehicle outweigh the burdens imposed on the private property owner. The finding shall be based on a balancing of the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood or area appearance. The following, among other relevant factors, may be considered:  1. 2.  Protection of property values;  Promotion of tourism and other economic development opportunities;    3. 4. 5.  Indirect protection of public health and safety;  Preservation ofthe character and integrity oft the community; and Promotion of the comfort, happiness and emotional stability of area  residents.  Adopted: August 18, 1975  Revised: July 13, 2009: July 8, 2024 (Ordinance 24-1)  Sec. 12-77. Removal of Vehicles in Violation: Towing Notice Requirements.  A. Except as set forth in Section 12-78, an Abandoned, Nuisance or Junked Vehicle which is to be removed shall be towed only after notice to the registered owner or  person entitled to possession oft the Vehicle.  1.  In the case of a Nuisance or a Junked Vehicle, if the names and mailing addresses oft the registered owner or person entitled to thej possession ofthe Vehicle, or the owner, lessee or occupant of the real property upon which the Vehicle is located, can be ascertained in the exercise of reasonable diligence, notice shall be given by first class mail. The person who mails the notice shall retain a written record to show the names and addresses to which: it was mailed, and the date mailed. Ifthe names and addresses cannot be ascertained or if the Vehicle to be removed is an Abandoned Vehicle, notice shall be given by affixing on the windshield or some other conspicuous place on the Vehicle a notice indicating that the Vehicle will be removed by the Town on a specified date, but no sooner than seven (7) Whether notice is by first class mail or by posting as provided above, the notice shall state that the Vehicle will be removed by the Town on specified date, not sooner than seven (7) calendar days after the notice is affixed or mailed, unless the Vehicle is removed by the owner or legal possessor prior  calendar days after the notice is affixed.  2.  tot that time.  B. With respect to Abandoned Vehicles on private property and Nuisance and. Junked Vehicles, if the registered owner or person entitled to possession does not remove the Vehicle but chooses to appeal the determination that the Vehicle is an Abandoned or Nuisance Vehicle, or in the case of a Junked Vehicle that the aesthetic benefits of removing the Vehicle outweigh the burdens, the appeal shall be made to the Town Manager in writing, within seven (7) calendar days after receipt of notice. The Town Manager shall set a time for the appeal and hear it within a reasonable amount of time, not less than ten (10) calendar days after receiving the request for the appeal. Further proceedings to remove the Vehicle shall be stayed until the appeal is heard and decided. Ini the event that the owner of    person entitled to possession fails to reasonably pursue the appeal, shall be deemed  abandoned and the Vehicle ordered removed.  C. Any Abandoned, Nuisance or Junked Vehicle which has been ordered removed may. as directed by the Town, be removed to a storage garage or area by the tow truck operator or towing business contracting toj perform the services for the Town. Whenever a Vehicle is removed, the. Authorizing Official shall immediately notify the last known registered owner of the Vehicle, and the notice shall include the  following: 1. 2. 3. 4. 5.  The description oft the removed Vehicle; The location where the Vehicle is stored;  The violation with which the owner is charged, ifa any; The procedure the owner must follow to redeem the Vehicle; and The procedure the owner must follow to request a probable cause hearing  on the removal.  D. The Town shall attempt to give notice to the Vehicle owner by telephone. However, whether or not the owner is reached by telephone, written notice, including the information set forth in divisions (C)(1) through (C)(5) above, shall also be mailed to the registered owner's last known address, unless this notice is  waived in writing by the Vehicle owner or the owner'sa agent.  E. Ifthe vehiclei is registered in the state ofNorth Carolina, notice shall be given within twenty-four (24) hours. If the vehicle is not registered in the state of North Carolina, notice shall be given to the registered owner within seventy-two (72) Whenever an. Abandoned, Nuisance or. Junked Vehicle is removed, and the Vehicle has no valid registration or registration plates, the Authorizing Official shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner oft the vehicle and to1 notify the ownerof the information set forth in divisions (C)(1) through (C)(5) above.  hours form the removal ofthe vehicle.  F.  Adopted: August 18, 1975  Revised: July 13.2009; July 8. 2024 (Ordinance 24-1) Sec. 12-78. Exception to Prior Notice Requirements.  A. The requirement that notice be given prior to the removal of an Abandoned, Nuisance or Junked Vehicle may, as determined by the Authorizing Official, be omitted in those circumstances where there is a special need for prompt action to    eliminate traffic obstructions or to otherwise maintain and protect the publicsafety  and welfare.  B. The findings shall, in all cases, be entered by the Authorizing Official in the appropriate daily records. Circumstances justifying removal of vehicles without  prior notice include:  1.  Vehicles abandoned on the public streets and highways, for which the Town hereby determines that immediate removal of the same may be warranted  when they are: a. b. C. d. e. f. 2.  Obstructing traffic; parking;  Parked in violation of an ordinance prohibiting or restricting  Parked in a no stopping or standing zone; Parked in a loading zone; Parked in a bus zone; or  Parked in violation oft temporary parking restrictions.  With respect to an Abandoned or Nuisance Vehicle left on property other than the streets and highways, such a Vehicle may be removed without giving prior notice only in circumstances where the Authorizing Official finds a special need for prompt action to protect and maintain the public health, safety and welfare. By way ofillustration and not oflimitation, such circumstances include those in which a Vehicle is blocking or obstructing ingress or egress to a businesses or residence, poses a traffic hazard, or is causing damage to public property or to the private property ofa another.  Adopted: August 18, 1975  Revised: July 13, 2009; July 8, 2024 (Ordinance 24-1)  Sec. 12-79. Right to Probable Cause Hearing before Sale or Final Disposition ofVehicle.  A. After the removal ofa an Abandoned, Nuisance or Junked Vehicle, the owner or any other person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the Vehicle pursuant to N.C.G.S. S 20-219.11. A request for hearing must be filed in writing with the County Magistrate designated by the Chief District Court Judge to receive the hearing requests. The Magistrate will set the hearing within 72 hours of receipt of the request, and the hearing will be conducted in accordance with the provisions of  N.C.G.S.S $2 20-219.11.    B. The only issue at this hearing is whether or not probable cause existed for the towing. If the County Magistrate finds that probable cause did exist. the tower's lien continues. Ifthe County Magistrate finds that probable cause did not exist, the  tower's lieni is extinguished.  C. Any aggrieved party may appeal the County Magistrate's decision tol District Court. D. The Town shall pay the towing and storage charges ift the District Court's decision  is that no probable cause existed for the tow ofthe Vehicle.  Adopted: August 18, 1975  Revised: July 13, 2009; July 8, 2024 (Ordinance 24-1) Sec. 12-79. Redemption ofVehicle During Proceedings.  Unless such Vehicle is being detained by police as evidence, in accordance with N.C.G.S. $20-219.12, at any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of the removed Vehicle by paying the towing fee, including any storage charges, or by posting a bond for double the amount of the fees and charges to the tow truck operator or towing business having custody of the removed Vehicle. Upon regaining possession of a Vehicle, the owner or person entitled to the possession of the Vehicle shall not  allow or engage in further violations of this Chapter. Revised: July 13, 2009; July 8, 2024 (Ordinance 24-1) Sec. 12-80. Sale and Disposition ofUnclaimed Vehicle.  Adopted: August 18, 1975  Any Abandoned, Nuisance or Junked Vehicle which is not claimed by the owner or other party entitled toj possession will be disposed ofby the tow truck operator or towing business having custody of the Vehicle after being held for thirty (30) days. Disposition of the Vehicle shall be carried out in coordination with the Town and in accordance with N.C.G.S. SS 44A-1 et seq.  Adopted: August 18, 1975  Revised: July 13, 2009; July 8, 2024 (Ordinance 24-1)  Sec. 12-80. Conditions on Removal of Vehicles from Private Property.  Asageneral policy, the Town will not remove a Vehicle from private property ifthe owner. occupant or lessee of the property could have the Vehicle removed under applicable state law procedures. In no case will a Vehicle be removed by the Town from private property without a written request of the owner, occupant or lessee. except in those cases where a Vehicle is a Nuisance or. Junked Vehicle and has been ordered removed by the Authorizing Official. The Town may require any person requesting the removal of an Abandoned, Nuisance or Junked Vehicle from private property toi indemnifythe Town against any loss, expense or liability incurred because    oft the removal, storage or sale thereof. The Town will not remove or dispose ofany Vehicle that  is used on a regular basis for business or personal use. Revised: July 13, 2009; July 8, 2024 (Ordinance 24-1) Sec. 12-81. Protection against Criminal or Civil Liability.  Adopted: August 18, 1975  No person shall be held to answer in any civil or criminal action to any owner or other person legally entitled to the possession of an Abandoned, Nuisance or Junked Vehicle, for  disposing of the Vehicle as provided in this Chapter. Revised: July 13, 2009; July 8, 2024 (Ordinance 24-1) Sec. 12-82. Unlawful Removal ofImpounded Vehicle.  Adopted: August 18, 1975  Itshall be unlawful for any person to remove or attempt to remove from any storage facility designated by the Town any Vehicle which has been impounded pursuant to the provisions oft this Chapter unless and until all towing and impoundment fees which are due, or bond in lieu of the  fees, have been paid. Adopted: August 18, 1975  Revised: July 13, 2009; July 8, 2024 (Ordinance 24-1)