Agenda King City Council October 7, 2024 9 hellon itobe AGENDA King City Council 6:00 pm DATE: October 7, 2024 MEETING CALLED TO ORDER PLEDGE **Remain Standing for the invocation. INVOCATION - Chaplain Donald Davis ANNOUNCEMENTS: Parks/Recreation Advisory Board, Regular Meeting, Thursday, October 10, 2024, 6 p.m., King Planning Board, Regular Meeting: Monday, October 28, 2024, 6 p.m. at City Hall Council Downtown King Trick-or-Treating: Thursday, October 31, 2024, 6-8 p.m. Downtown King, King City Council, Regular Meeting: Monday, November 4, 2024, 6 p.m., City Hall Council Election Day: Tuesday, November 5, 2024 (Polls open at 6:30 am and close at 7:30 pm) Fall Bazaar & Bake Sale: November 16, 2024, 8 am - 2 pm, King Senior Center, 107 White Rd., Community Christmas Tree Lighting Ceremony: Friday, December 6, 2024, Band begins playing at 6:30 pm, and the tree lighting is at 7:00 pm, King Central Park at the Spainhour Cabin King Christmas Parade, Saturday, December 7, 2024, 1:00 pm, lineup at King Elementary: School Parks/Rec Community Building Parlor Room, 107 White Road Chambers, 229 S. Main Street Dalton Rd & Main St. Chambers, 229 S. Main Street King ADJUSTMENTS TO AGENDA PUBLIC COMMENT (This agenda item is included to allow input to the City Council from any citizen who wishes to address the Council without requesting to be on the agenda. Those who wish to address City Council are required to provide their name, address, including city/county of residence and topic. Speakers shall be courteous in their language and presentation. Any disruption of the meeting, insults, personal attacks, accusations, profanity, vulgar language, nappropriate gestures, or otheri inappropriate behavior will not be tolerated. If this occurs, the person will be identified and asked to stop or leave. If the behavior continues and they refuse to leave, they will be removed from the Council meeting. A: speaker will be allowed 3 minutes to speak. The number of speakers on a topic relating to future advertised public hearing matters may be limited at the Council's discretion. The Council reserves the right to request a designated spokesperson for a large group; the spokesperson will be allotted 6 minutes. The public session will be limited to 30 minutes. The Council will only listen and not respond but may decide to place a topic on ai future agenda.) 1. CONSENT AGENDA (The Consent Agenda is the first order of business. The items listed are believed to be non-controversial and are administrative in nature. There will be no separate discussion of the items unless a Councilman request or a citizen request and is granted permission to speak. The item(s) will then be removed from the Consent Agenda and considered individually. Otherwise, alli items willl be enacted by one motion.) 1. APPROVAL OF MINUTES: A. - September3, 2024, Regular Meeting B. REQUEST AF PUBLIC HEARING DATE FOR: SU-PUD-010 REQUEST AF PUBLICI HEARING DATE FOR THE FINANCING AGREEMENT OFI PD' VEHICLES- D. REQUEST FORI PUBLICH HEARING FOR VOLUNTARY ANNEXATION REQUEST BY PRESTON E. REQUESTI FORI PUBLICI HEARING FOR VOLUNTARY ANNEXATION REQUEST BY ADAN CHAVEZ RESOLUTION 2024-14 OAKS KING LLC ORDINANCE #2024-13. & ROSARIO CASTILLO. ORDINANCE #2024-14. 2. INTRODUCTION TOI NEW EMPLOYEE A. Matthew Cook-I Meter Reader B. Brandon Wilmoth Meter Reader Kamryn Rawlings - BShift Operator 3. PRESENTATION OF PROCLAMATION A) Indigenous Peoples' Day Proclamation B) Recognition of Volunteer Service - Brent Cromer 4. PUBLICI HEARING Text Amendment to City of King Ordinances-Ordinance 2024-12 5. CONSIDERATION OF BUDGET AMENDMENT 2024-04.01 6. GovWell PLANNING AND INSPECTIONS SOFTWARE CONTRACT 7. CITY OF KING 2035 COMP PLAN CONTRACT 8. APPROVAL TO ENTER INTO CONTRACT FOR THE PURCHASE OF LAND FOR A FUTURE SECOND FIRE STATION DEPARTMENTAL REPORTS ITEMS OF GENERAL CONCERN CLOSED SESSION TO ESTABLISH ORI INSTRUCT THE STAFF OR AGENT CONCERNING THE POSSIBLE NEGOTIATION OFTHE PRICE ORI LEASE TERMS OF A CONTRACT CONCERNINGTHE, ACQUISITION OFE REAL PROPERTY PERI N.C. GENERAL STATUTE 143-318.11. (a) (5)A AND A CLOSED SESSION FOR1 THE PURPOSE OF DISCUSSION OF PERSONNEL PERI N.C. GENERAL: STATUTE: 143-318.11 (A)(6) ADIOURNMENT CITY OF KING CITY COUNCIL MEETING DATE: October 7, 2024 PART A Subject: APPROVAL OF MINUTES the attached minutes as presented. Action Requested: Unless there are any corrections to be made, recommend the adoption of Attachments: Ad draft copy of minutes from the a. September. 3, 2024, Regular Meeting This abstract requires review by: City Attorney Finance Officer Budget Amendment Necessary? Yes DNoD Budget Officer City Engineer Date Reviewed Reviewed Date Bmnshaw k Nicole Branshaw, City Clerk Date Reviewed Date Reviewed PART B Introduction & Background: Discussion & Analysis: Budgetary Impact: Recommendation: Adoption of attached minutes as presented. a. September 3, 2024, Regular Meeting MINUTES King City Council Regular Meeting September 3, 2024 The King City Council convened fori its regular meeting at the King City Hall, Council Chambers, 229 S. Main St, King., on Tuesday, September 3, 2024, at 6:00 pm. The purpose of the meeting was to discuss and make decisions on various city matters. Present at the meeting were Mayor Rick McCraw, Mayor Pro Tem Jane Cole, Councilman Tyler Bowles, Councilwoman Terri Fowler, Councilman Michael Lane, City Manager Scott Barrow, City Clerk Nicole Branshaw, City Engineer Ben Marion, Director of Finance and Personnel Susan O'Brien, City Planner Jon Grace, City Inspector Rick Gordon, Fire Chief Steven Roberson, Police Chief Jordan Boyette, Senior Center Director Paula Hall, Water Plant Superintendent: Mark Danley, Supervisor of Public Works Ricky Lewis, Superintendent of Public Utilities Chuck Moser, new employees Jasper White, Kevin Robertson, Zach Moore, City Attorney Walter W. Pitt Jr., and Chaplain Rick Hughes. Mayor McCraw called the meeting to order. Chaplain Rick Hughes offered the invocation. Mayor McCraw mentioned the community announcements listed on the agenda. ADJUSTMENTS TO AGENDA None. PUBLIC COMMENT Mayor McCraw opened thei floor to receive public comment at 6:04 p.m. 1. Gretchen Parker, King Public Library Branch Manager, King, NC, addressed the Mayor and Council, thanking them and our staff for taking great care of the library. She stated that the property looks great. Mrs. Parker would like to bring attention to Voter's Registration Day at the Library on September 19th, inviting any citizen who néeds to register to vote to please stop by. There being no one to give written or verbal requests wishing to speak. Mayor McCraw closed the meeting's public comment portion at 6:05 p.m, **SEE DOCUMENT #1** CONSENTAGENDA Counciwoman Fowler moved to approve the consent agenda as presented. Mayor Pro Tem Jane Cole seconded thé motion, which was carried by a unanimous vote of 4-0. Consent agenda items were: A. APPROVAL OF MINUTES: a. August 5, 2024, Regular Meeting B. REQUEST A PUBLIC HEARING FOR TEXT AMENDMENT TO CITY OF KING ORDINANCES = REQUEST A PUBLIC HEARING FOR SPECIAL USE PERMIT BY PMAIHOLDINGS, LLC Chapter. 6, Article IV, adopted as Ordinance No. 2024-11 INTRODUCTION OF NEW EMPLOYEES Mayor McCraw recognized new employee: a. Zach Moore - Meter Reader b. Jasper White - Public Works Street Maintenance Kevin Robertson - Firefighter EMPLOYEE OF THE QUARTER PRESENTATION- Ricky Gordon, Inspections Department Mayor McCraw recognized Ricky Gordon in the Inspections Department as the City of King Employee of the Quarter for the 3rd quarter of 2024. He presented him with a recognition certificate, jacket, and a check. Mayor Rick McCraw presented a proclamation to the Daughters of the American Revolution, James Hunter PUBLICHEARING FOR REZONING REQUEST BY DONNAHA PROPERTIES LLC- Ordinance No. 2024-11 Donnaha Properties LLC is making this request to rezone approximately 37.78 ac. with 5.25 ac. from B-2 (General Business) to L-I (Light Industrial) and 32.53 ac, from R-MF-A-CU. (Residential Multifamily Apartments Conditional Use) to L-I (Light industrial) for the purpose of future commercial development. Ingress/Egress to the property is currently being accessed on the 600 Block of Newsome Rd. The tract is labeled a G-3 Controlled Growth Area on our comp plan, and this area allows for Industrial Districts. The area along Newsome Rd is specifically listed in our 2035 Comp Plan: "Preserving: land for industrial growth is especially Mayor McCraw opened the public hearing for Ordinance No. 2024-11 at 6:15 pm, There being no one to give written or verbal requests wishing to speak, Mayor McCraw closed the public hearing at 6:15 pm. This would be recommended as a general-use rezoning request. The property was originally zoned L-I and rezoned to its current zoning. It should be returned to its original zoning to align with our 2035 Comp Plan, as this will preserve land for industrial growth in the Newsome Rd corridor. The Planning Board voted unanimously to approve R-183 as presented. Staff recommends approving R-183 as Ord.# 2024-11. Councilwoman Fowler made a motion to approve Ordinance: No. 2024-11 by Donnaha Properties LLC as presented to rezone approximately 37.78 ac, with 5.25 ac. from B-2 (General Business) to L-I (Light Industrial) and 32.53 ac. from R-MF-A-CU (Residéntial Multifamily Apartments Conditional Use) to L-I (Light Industrial) for the purpose of future commercial development. Mayor Pro Tem Cole seconded the motion, Mayor McCraw invited Mr. Richard Brim to speak to discuss the upcoming Stokes County reevaluation process. In the slide presentation, Mr. Brim presented the following information: PRESENTATION OF PROCLAMATION- - Constitution Week Chapter, in recognition of Constitution Week. important along the Newsome Rd corridor." Motion which was carried by a unanimous vote of 4-0. **SEE DOCUMENT #2** PRESENTATION- Richard Brim, Director of Stokes County Tax Administration Stokes County 2025 Reappraisal. Effective Date: January 1, 2025 What is a Reappraisal,: AKAI Revaluation? Ar reappraisal of all Real Property within the County. An appraisal is an opinion of value that should equal the true value (Market Value) oft the property. Market Value: The most probable sale price of a property in terms of money in a competitive and open market, assuming that the buyer and seller are acting prudently and knowledgeably, allowing sufficient time for the sale, and assuming that the transaction is not affected by undue stimuli. Real Property, also referred to as real estate or land, is: The land itself Buildings, structures, improvements, or permanent fixtures on land All rights and privileges belonging ori in any way appertaining to the property Goals of a Reappraisal Achieve fair and consistent values across the entire County Conduct in a manner that the taxpayers are informed and educated of the process Have a finished product that accurately depicts Stokes County's Market among all property classes Why? The Machinery Act of North Carolina mandates that all 100 counties perform a Reappraisal of all Real Property at least every 8 years, based on NCGS 105-286. 105-286 - Time for general Reappraisal of Real Property Octennial Cycle - Each county must reappraise all real property in accordance with the provisions of G.S. 105-283 and G.S. 105-317 as of January 1 of the year. set out in the following schedule and every eighth year thereafter, unless the county is required to advance the date under subdivision (2) of this section or chooses to advance the date under subdivision (3) of this section. Why Stokes County Chooses 4 Public Service Companies are the reason Stokes County conducts a reappraisal every 4 years. Examples of Public Service Companies in Stokes County: Duke Energy, Duke Energy, Duke Energy, Duke Energy, Duke Energy Energy United EMC Norfolk Southern Piedmont Natural Gas River Street Communications Windstream And Duke Energy Why We Mention Duke Energy So Many Times Duke Energy represents approximately 92.7% of Stokes County's entire Public Service Duke Energy alone represents approximately 16.7% of the entire Stokes County Tax Base Ifac county's sales ratio falls below 90% in the fourth or seventh year of a reappraisal cycle, Example: If Stokes County decided to conduct an eight-year reappraisal cycle as opposed to a four-year cycle, and in the fourth year of the cycle, our sales ratio dropped to 67%, NCDOR would equalize the Public Service Companies' Valuation to reflect the actual sales ratio. Equalization did take place for Stokes County in 1987; therefore, in 1993, we began conducting By conducting ai four-year reappraisal cycle, this scenario is not possible. Public Service Companies' Valuations are appraised by NCDOR. The Tax Office has no input in Companies' Valuation of $895,396,690 Tax Revenue generated = $6,196,219 Duke Energy Valuation for Stokes County = $830,287,610 Why Does This Matter In Regards To Conducting A 4-Year Vs. 8-Year Reappraisal? then equalization occurs for Public Service Companies. four-year reappraisals. the valuations. Sales Ratio: Is defined as: The ratio between the Assessed Value and the Selling Price of a piece of property. The Sales Ratio tells you the Level of Assessment. Assessed Value Sales Price Sales Ratio Improved (Home and Buildings) Sales Stokes County Overall TaxV Value $193,800 Stokes County Overall TaxValue $45,000 Tex Year: 2021 MedienSales Tax Year 20221 MedlenSales TaxYear2 2023 MedienSales Retlo 87.55 Salel Price $221,400 Ratio 94.57 Sale! Price $47,600 Ratlo 75.91 Sale Price $255,300 Ratlo 81.70 Sale! Price $55,100 Ratio 64.60 Sale! Price $300,000 Ratlo 70.18 Sale Price $64,100 Example of1 Tax Value VS. Sale! Price (How! Itr relates tot the Sales Ratio) Vacant (Land Only) Sales Tax Year 2021 MedlanSales Tex Year 2022 MedienSales Tax Year 2023 Medlan Sales Example of Tax Valuev V8. Sale! Price (How Itrelatest tot the Sales Ratio) The above charti illustrates the continued rise of Real Estate Prices in Stokes County. Also, in general, improved property valuations willi increase moret thanvacant; property. Based on the sales data, givingt the most weight tot the most recent sales, and ift the market does not take a downward dipr nexty year, Real Estate Supply: The current amount of available properties in Stokes County remains low; thus, Demand: Remains high and, coupled with a limited supply, creates the perfect recipe for a continued Region: North Carolina ranks third in. Real Estate Growth in the United States. Also, Stokes County's proximity to major cities such as Winston-Salem, Kernersville and Greensboro, makes our County a very desirable place to live. The Winston-Salem Northern Beltway, project will help with commute times; thus, making the King, Pinnacle and Germanton areas of Stokes County even more desirable Have à game plan: To have a successful reappraisal, it is very important to have a detailed work plan that involves not only the Revaluation Staff but also the GIS/Mapping Department. Communicate with the public; inform, update and educate Show the taxpayers the Tax Office is fair, approachable and efficient Values in Stokes Countyy willi increase significantly, effective. lanuary1,2025. Key Factors Driving the Current Real Estate Market the fueling market in an upward trajectory strong Real Estate Market in Stokes County. to potential future residents.. Keys to a Successful Reappraisal Public Relations: Customer Service is something we pride ourselves on. We listen to the taxpayer. We don't always agree, but we listen. We review. We explain our position in detail. If we are wrong, we fix it. Our staff are courteous professionals that are willing to explain and help the taxpayer Review of all qualified arm's length sales that occur during the study period (lanuary 1, 2021- December 31, 2024). We are on pace to have approximately 3,000 qualified arm's length sales to assist us in revaluing the entire County (Stokes County, has approximately 31,500 parcels of land). Arm's Length Sales - A sale between two unrelated parties, each of whom is reasonably knowledgeable of market conditions and under no undue pressure to buy or sell. Once the Tax Office has reviewed in detail each qualified arm's length sale, we provide our GIS/Mapping Department with the sales data. That data is imported into the GIS software and anyway they can. Steps Taken To Conduct A Solid Reappraisal is added as a sales layer. This layer is very instrumental in providing a visual aide to the appraisers. They are able to see locational trends, property class trends, etc. Also, it is a great tool to use while answering taxpayer questions. Mountain Number of Sales Shadow:. 2021 2023 Counsis Sale Price Sale Price Maximum: $564,000 en Yoar of Sale 2021 2022 2023 TT CoR . Steps taken continued... Market Area Analysis: The study of the relevant forces, which influence property values within the Establishment/Review of Market Areas (also referred to as Neighborhoods) The Tax Office currently boundaries of a homogenous area. Market Areas can be established by: Property Type; example, Cell Towers has the County divided into approximately 415 Market Areas. Specific Subdivisions; such as, Pilot Bluff in King (Residential Housing) Geographic Location and Boundaries; Mountains, Rivers/Streams, Townships, etc. Market Areas are used to blend property values across the County. This creates transition between different areas of the County. An example of this: Our anticipated 2025 Reappraisal base rates will start at approximately $10,000 per acre in the northeast corner of the County and transition to over $40,000 per acre in the southwestern portion of the County, with some lots in specific Market Areas (Subdivisions) selling much higher. The use of market areas makes the transition of value across the County flow better and helps create a good estimate of what property is worth. Data Collection and Field Reviews At tremendous amount of time is spent on data collection. The following information is collected: Square Footage (Sketched Drawing) Exterior Siding (Brick, Vinyl, Stone, etc.) Roof Type (Gable, Hip, etc.) and Cover (Asphalt Shingles, Metal, etc.) Floor Coverings (Hardwood, Ceramic Tile, Vinyl, Carpet, etc.) Bedroom and Bathroom Count HVAC (Heat Pump, Gas Pack, etc.) Overall Condition Quality of Construction Attributes; such as: Porches, Decks, Sunrooms, Garages, Carports, Basements, etc.) Outbuilding and Misc. Improvements (Storage Buildings, Swimming Pools, etc.) Reappraisal Process for Land Land review is conducted by a desk top method of reappraisal. Reasons the Tax Office uses this approach: By using our highly detailed County Maps, we are confident in our ability to fairly and accurately value land. It's more Time Efficient (Walking over 400 square miles is impossible with the size of our staff). We are able to compare surrounding properties while, viewing maps to ensure consistent adjustments based upon specific features of the property such as topography, access, road Nothing is foolproof. There is no substitute for an actual physical inspection of the property. Based upon taxpayer's request, the Tax Office will be more than happy to visit the property frontage, shape, etc. and walk the land during the appeal process. SOV (Schedule of Values) The Schedule of Values is an essential required document that serves as the blueprint for appraisers "Uniform schedules of values, standards, and rules to be used in appraising real property at its true value and at its Present-UseValue: are prepared and are sufficiently detailed to enable those to render opinions of value throughout the four-year reappraisal cycle. NCGS 105-317 requires that: making appraisals to adhere to them in appraising real property." SOV Continued... Information found within the SOV: USPAP Mass Appraisal Guidelines Applicable Reappraisal Statutes; NCGS; 105283284285286287 and 317 Three Approaches to Value; Cost, Income and. Sales Cost Schedules Depreciation. Tables Market Area Information: Various Building Data Elements, etc.) All property class types Adjustment Tables; (Size Factors - Building and Land, Neighborhood Market Building Factors, Timeline for Stokes County 2025 Reappraisal January 2021 December 2024; Review of all qualified arm's length sales February 2023 - Begin Field Reviews of Improved Qualified Sales March 2023 - August 2024; Daily work will continue including field reviews, map reviews, data entry, sales analysis and SOV refinements August 2024 - SoV/Schedule of Values) approval and adoption process begins September 2024 - SOV adopted by Board of County Commissioners October 2024 - Majority of field reviews should be completed November 2024 - January 2025; Final preparations, data edit checks, finish up remaining field February 2025- May 2025; Answer Taxpayer questions and review Property Tax Appeals Once the notices are mailed in February 2025, the Tax Office will begin working informal appeals. We do request the taxpayer complete a short appeal form (provided by the Tax Office). Our reviews February 2025 = Mail Reappraisal Notices Appeal Process appraisers will review each appeal. The taxpayer has the right to request an onsite visit. The Tax Office will schedule at time to meet with the taxpayer if needed or requested. The Tax Office will mail a decision letter, usually within two weeks after reviewing the appeal. Ifthe taxpayer is not satisfied with the Tax Office's response, they have the right to appeal their property value to the Board of Equalization and Review. The Board of E&R begins meeting in early April and usually meets into May. The Stokes County Commissioners serve as the Board of E&R. Ifthe taxpayer is not satisfied with the decision of the Board of E&R; then, they have the right to appeal to the PTC (Property Tax Commission) in Raleigh. Goal and Contact Information The Tax Office is an accessible and approachable department that is ready to serve the Citizens of Stokes County. Customer service is one of our main objectives along with being fair and equitable. Please don't hesitate to contact the Tax Office. We are always ready to assist, Contact Information: Richard Brim, Tax Administrator orimcostokesncus AMENDMENT OF SPECIAL EVENT STREETC CLOSURES: - Ordinance No. 2024-02.03 Per NC DOT requirements, municipalities are to adopt street closure guidelines for special events. On August 5, 2024, the City Council voted to move the King Christmas Parade time to 1 pm on Saturday, December 7, KING CHRISTMAS PARADE: Saturday, December 7, 2024, 12:30 a.m. = 3:00 p.m.Route Description: East School Street, East Dalton Road from East School Street to Main Street, and Main Street from Dalton Road The time change for the parade was discussed at the August 5, 2024, City Council meeting and voted on 2024. Ordinance 2024-02 will need to be updated. to. Jefferson Church Road. by the Council. Now, the Ordinance needs to be updated, Motion Councilwoman: Fowler motioned to approve Ordinance No. 2024 -02.03 as presented to move the King Christmas Parade time to 1 pm on Saturday, December 73 2024. Councilman Lane seconded the motion, The Police Department is in need of a vehicle to replace a total loss. Insurance proceeds are $19,725, and the PD has $7,660in revenue from the sale of surplus property. This totals $26,935; the total cost of a new which was carried by a unanimous vote of 4-0. **SEE DOCUMENT #3** CONSIDERATION OFF PD' VEHCLEREPLACEMENT OPTIONS vehicle and equipment is $70,915, leaving a shortfall of approximately $44,000. We have the following options: PD Budget Pmt FB Contingency Savings ARP 3,913 5,673 Finance as addendum to current loan Finance as addendum to current loan Finance as addendum to current loan for PD vehicles for PD vehicles for PD vehicles All Fund Balance 3,913 5,673 5,673 3,913 44,000 26,477 20,804 38,327 Contingency and Fund Balance Contingency, Fund Balance, and Payment Savings Payment Savings and Fund Balance ARP and Payment Savings Use amounts from insurance and surplus sales $26,935 to buy used 17,523 17,523 5,673 5,673 5,873 38,127 vehicle Contingency, Payment Savings, and ARP 17,523 5,873 20,604 With the exceptions of using 100% ARP or purchasing a vehicle with the money available from insurance and surplus sales, any option chosen will require a budget amendment at the October 2024 meeting. Councilwoman Fowler motioned to approve Resolution No. 2024 -13, amending Resolution 2024-12, approving financing terms for three police vehicles and équipment as an addendum to the current loan for PD vehicles with a contingency for the $3913. Councilman Lane seconded the motion, which was carried by This section is requested. to be updated to include additional positions for which relatives' employment could create significant issues. The language needs to be updated to specifically name additional examples of Discussion was continued on this topic. The council wants to be assured that the policy will not hold back an employee in the future with any. potential promotions. The council would like staff to work with our Motion aunanimous vote of 4-0. **SEE DOCUMENT #4** CONSIDERATION OFF REVISION TO PERSONNEL POLICY relatives and recognize various lifestyle choices. Attorney more on this policy and then bring it back to the board. City Motion Mayor Pro Tem Cole motioned to table revisions to the Personnel Policy- Article IV, Section 14, Councilman Mayor Pro Tem Cole moved to acknowledge that the departmental reports had been received. Councilman Lane seconded the motion, which was carried by a unanimous vote of 4-0. DEPARTMENTAL REPORTS Lane seconded the motion, which was carried unanimously by a vote of 4-0. ITEMS OF GENERAL CONCERN None CLOSED SESSION FORTHE PURPOSE OF DISCUSSION OF PERSONNEL PER N.C. GENERAL STATUTE 143- AHLIAISACPATEAEAE OF DISCUSSION OFTO CONSULTI WITH ANATTORNEY TOPROTECT Mayor Pro Tem Cole moved to adjourn to a closed session at 7:15 pm for the purpose of discussion of personnel [N.C.G.S. 143-318.11 (A)] (6) and for the purpose of discussion to consult with an attorney to protect the attorey-client privilege (G.S. 143-318.11(0/3). Councilman Lane seconded the motion, carried Mayor McCraw reconvened the meeting at 9:37 pm, stating no action was taken ini the closed session. Councilwoman Fowler motioned to adjourn the meeting. at 9:37 pm: Mayor Pro Tem Cole seconded the THE ATTORNEY-CUENT PRIVILEGE (GS. 143-318.11(a/3) by a unanimous vote of 4-0. ADIOURNMENT motion, which was carried by a unanimous vote of 4-0, ***Clerks Note: See Documents 1-4 for supporting documents. *** Approved by: Richard E. McCraw, Mayor Attest: Nicole Branshaw, City Clerk BOARD/Caty Counel paSeptauber 3,2024 88 DOCUMENT: 1 PAGES: 1 5 6 & : BOABDCdy Cooncl am-Septeber.3,2024 DOCUMENTH 2 PAGES: 983 City of King Notice of Public Hearings NOTICE IS HEREBY GIVEN that a series of public hearings will be held by the City Council of King at City Hall, at 229 South Main St, King, NC, on the 3rd day of September 2024, Amendment of the official zoning map and/or ordinance of King, N.C., and/or the granting of a special use permit by the City Council or Board of adjustment referenced in Code of Ordinance listed below and per Chapter 32-Zoning, Sec. 32-71, 96 & 127 in the following Item 1: Zoning request R-183 by Donnaha Properties LLC of King to rezone approximately 37.78 acres with 5.25 acres from B-2 (General Business) to L-I (Light Industrial) and 32.53 acres from R-MF-A-CU (Residential Multifamily Apartments Conditional Use) to L-I (Light Industrial). The subject property is listed as SCTM 5991-08-3840, 5991-07-6139, and 5991-07-0247 and is found off the 600 block of Newsome Road on the South side for the beginning at 6:00 p.m., for the purpose of considering the following: manner: purpose of commercial growth. Ina accordance with the Code of Ordinances, Chapter 32-Zoning, Sec. 32-96, the City of King Planning Board/Board of Adjustment will review the foregoing amendment on August 26, 2024, at 6:00 p.m. at City Hall. CITIZENS ARE HEREBY NOTIFIED that upon consideration of the comments at the herein-described public hearings, the City Council may amend the proposed ordinance Ac copy of the proposed amendments, maps, ordinance, and requests are on file at the City Hall for inspection by all interested citizens or you can call the Planning Department at amendments prior to adoption. 336.983.8265, or email grace@ciking.nc.us Nicole Branshaw City Clerk City of King, NC - E ROLI oND.Caty Coondl DATE:Septeuber 3,2024 DOCUMENT#:, 3 PAGES: 1 CITY OFI KING ORDINANCE 2024-02.03 BY THE KING CITY COUNCIL AN ORDINANCE DECLARING Al ROAD CLOSURE FOR SPECIAL EVENTS CO-SPONSORED WHEREAS, the City Council of the City of King acknowledges a long tradition of co-sponsoring events that raise money to benefit charities and non-profit organizations throughout the City of King and Stokes County; and WHEREAS, the City Council of the City of King acknowledges its citizens realize a financial benefit from holding NOW THEREFORE BE IT ORDAINED by the City Council of the City of King pursuant to the authority granted by G.S. 20-169 that they do hereby declare at temporary road closure during the day(s) and times set forth below on (1) FEED STOKES 5-K & HALF MARATHON: Saturday, March 9, 2024, 7:00 a.m. 10:00 a.m. (Rain date Saturday, TBD, 7:00 a.m. - 10:00 a.m.) Route description: Felts Drive, Pulliam Street, Dalton Road, East (2) MEETME ON MAIN & 5K/FUN RUN: Saturday, April 27, 2024, 3:00 p.m. - 10:00 p.m. (Rain date Saturday, May 4, 2024, 3:00p.m.-10:00 p.m.); Route Description: Dalton Road from Pulliam! Street to Maple Street, (3) VETERAN'S WALK: Thursday, July 4, 2024, 8:00 a.m. = 9:00 a.m.: Route Description: South Main Street (4) WEST STOKES HIGH SCHOOL HOMECOMING PARADE: Friday, October 4, 2024, 4:00 p.m. - 5:00 p.m.; (5) OKTOBERFEST: Saturday, September 21, 2024; 2 p.m. - 9 p.m.; Route Description: Dalton Road from Pulliam Street to Maple Street, South Main Street from Felts Drive to King Street (Old Hwy! 52) (6) DOWNTOWN SAFE TRICK OR TREATING: Thursday, October 31, 2024, 5:30 p.m. - 8:00 p.m., Route Description: Dalton Road from Pulliam Street to Maple Street, South Main Street from Felts Drive to King (7) KING CHRISTMAS PARADE: Saturday, December 7, 2024, 12:30a.m.- - 3:00 p.m., Route Description: East School Street, East Dalton Road from East School Street to Main Street, and Main Street from Dalton Road This ordinance is to become effective when signs are erected, giving notice of the limits and times of the event community events. the following described portions of a State Highway System route: King, Mountainview Road, Dalton Road, Maple Street, Westview Dr. South Main! Street from Felts Drive to King Street from City Hall to American Legion Post #290 Route Description: Dalton Road from West School Street to' White Road Street toJ Jefferson Church Road. and implementation of adequate traffic control to guide vehicles around the event route. Amended on the 3rd day of September 2024. Bdambs UNCIL Op NORTH CAROLINA OF Richard E. McCraw Mayor aBrenlas Nicole Branshaw City Clerk om_CityCooncil pa-Septewber3,2DA DOCUMENTH4 PAGES:1 CITY OF KING RESOLUTION 2024-13 Amendment to Resolution 2024-12 AI Resolution Approving Financing Terms for Three Police Vehicles and Equipment WHEREAS, the City of King' "City" has previously determined to undertake ap project for Three Police Vehicles and Equipment, "the Project" and the Finance Officer has now presented a proposal for the financing of such Project. BE IT THEREFORE RESOLVED AS FOLLOWS: 1. The City hereby determines tot finance the Project through First National Bank ("Lender"), in accordance with the proposal dated] July 26, 2024. The amount financeds shall not exceed! $476,500, the annual interest rate (in the absence of default or change in taxs status) shall not exceed 4.40%, and thei financing term shall note exceed fivey years 2. All financing contracts and all related documents fort the closing of the financing "the Financing Documents" shall be consistent with thei foregoing terms. All officers and employees of the City ("Borrower"): are hereby authorized and directed to execute and deliver any Financing Documents, and to take all such further action ast they may consider necessary or desirable, to carry out thei financing oft the Project as contemplated by the! proposal andt this resolution. 3. The Finance Officeri is hereby authorized and directed tol hold executed copies of the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer'ss satisfaction. The Finance Officer is authorized to approve changes to any Financing Documents previously: signed by Borrower officers ore employees, provided that such changes shall not substantially alter thei intent ofs such documents or certificates from the intent expressed in thei forms executed bys such officers. The Financing Documents shall be in such final forms as the Finance Officer shall approve, with the Finance Officer's release of any Financing Document for delivery constituting conclusive evidence of such officer'si final approval of the Document's final form. 4. Thel Borrower shall not take or omit tot take any action thet taking or omission of which shall cause its interest payments on this financing tol be includable int the gross income for federal income tax purposes oft the registered owners of thei interest payment obligations. The Borrower hereby designates its obligations to make principal and interest payments under the Financing Documents as "qualified tax-exempt obligations" for the purpose ofi Internal 5. The Borrower intends that the adoption oft this resolution will be a declaration oft the Borrower's official intent to reimburse expenditures fort the project that is to be financed from the proceeds oft the Lender financing described above. The Borrower intends thati funds that have been advanced, or that may be advanced, from the Borrower's general fund, or any other Borrower fund related tot thep project, for project costs may be reimbursed from the 6. Allp prior actions of Borrower officers in furtherance of the purposes of this resolution are hereby ratified, approved and confirmed. All other resolutions (or partst thereof) in conflict with this resolution are hereby repealed, to the (5) years from closing. Revenue Code Section 265(b)(3). financing proceeds. extent of the conflict. This resolution shall take effect immediately. INI WITNESS WHEREOF, this resolution was adopted this the 3rd day September 2024. (SEAL) ATTEST: CITY OF KING Nicole Branshaw, City Clerk Richard E. McCraw, Mayor 92 CITY OF KING CITY COUNCIL MEETING DATE: October 7,2024 PART A Subject: Attachments: Submitted By: SU-PUD-010 Informative Action Requested: Set ar new public hearing date for SU-PUD-010 None 10/1/2024 Planner R City Manager Review: 3 This abstract requires review by: City Attorney Finance Officer Budget Amendment, Necessary? Yes No Budget Officer OCity Engineer Date Reviewed Date Reviewed Date Reviewed Date Reviewed Manager PART B Introduction & Background: City Staff held a meeting with the proposed builder and asked if they were willing to conduct at traffic study, get input from local residents, and input from school officials before presenting their case to City Council. The builder verbally agreed and this is why staff is asking to move the public hearing originally set for tonight. None Discussion & Analysis: Budgetary Impact: with mailing abutting property owners. Recommendation: 155 Setting a new hearing date will save the city $597.50 in Newspaper adi fees, plus the costs associated Staff recommends setting a new public hearing for SU-PUD-010 for November 4th, 2024. CITY OF KING CITY COUNCIL MEETING DATE: OCTOBER 7, 2024 PART A Subject: SET PUBLIC HEARING DATE FOR FINANCING AGREEMENT OF PD VEHICLES AND RESOLUTION 2024-14 Action Requested: Set public hearing for PD vehicles and approve Resolution 2024-14 Attachments: Resolution Submitted By: SuCSbce Susan O'Brien, Director of Finance and Personnel 09/26/2024 City Manager Review: This abstract requires review by: City Attorney Finance Officer Budget Amendment Date Reviewed Necessary? Yes Nou Budget Officer City Engineer Date Reviewed 1 Scott Barrow, City Manager Date Reviewed Date Reviewed PART B Introduction & Background: The LGC requires a public hearing on thet financing resolution for police vehicles. Financing for these vehicles was approved in August 2024 and an amended resolution was approved in September 2024. However, per the City Attorney, thei financing documents provided by First National Bank were not compliant with! NCGS 160A-20 and NCGS 159-28; therefore, we request that council rescind approval of this bid and allow us to solicit new bids for financing the purchase oft these vehicles. As approved with the Budget Ordinance for FY: 2024-2025, three (3) vehicles and equipment will be purchased for the Police Department. Af fourth vehicle was approved at the September 2024 council Discussion & Analysis! meeting. RFPS will be sent to several banks. None. These projects have already been budgeted. Budgetary Impact: Recommendation: Resolution 2024-14. Set the public hearing date for the November 2024 King City Council regular meeting and approve CITY OF KING RESOLUTION 2024-14 Amendment to Resolution 2024-12 and 2024-13 AF Resolution Rescinding Approval of Financing Terms for Four Police Vehicles and Equipment WHEREAS, the City of King' "City" has previously determined to undertake: a project for Four Police Vehicles and Equipment, "the Project" andt the Finance Officer has now presented: a proposal fort the financing of such Project; and WHEREAS, the City has ther right to reject any or all proposals, per the RFP; and WHEREAS, the RFP stated that installment purchase financing willl be pursuant tol NCGS 160A-20. BEI ITTHEREFORE RESOLVED AS FOLLOWS: 1. The City hereby rejects all bids, including the original and second proposals provided by First National Bank 2. Financing documents provided by Lender didi not comply with NCGS 160A-20 and NCGS 159-28. 3. The Finance Officer will prepare new RFPS and distribute to several banks for are-bid. ("Lender"), dated. July 26, 2024 and amended on August 27, 2024. IN WITNESS WHEREOF, this resolution was adopted this the 7th day October 2024. (SEAL) ATTEST: CITYOFKING Nicole Branshaw, City Clerk Richard E. McCraw, Mayor CITY OF KING CITY COUNCIL MEETING DATE: October 7, 2024 PART A Subject: REQUEST FOR PUBLIC HEARING FOR VOLUNTARY ANNEXATION REQUEST BY PRESTON OAKS KING LLC ORDINANCE #2024-13. 16.27 ac. Tract on West King St. per our utility extension policy. Request form w/metes & bounds description; Resolution 2024-15, directing the clerk to investigate the request; Certificate of Sufficiency & Public Hearing Notice; Action Requested: Request is made by Preston Oaks King LLC for voluntary annexation of their Attachments: $ite PlanMap M. J9n Grace, City Planner Submitted By: - 10/1/2024 City Manager Review: R Scott Barrow, City Manager This abstract requires review by: DCity Attorney Finance Officer Budget Amendment Necessary? Yes DNoD Budget Officer OCity Engineer Date Reviewed Date Reviewed Date Reviewed Date Reviewed PART B Introduction & Background: The property owner is requesting voluntary annexation per our utility's extension section of our ordinance. This tract is for a single-family subdivision containing 16.27 acres. See attached metes and bounds. (b)! Its shall bet the general policy of the city to permit extensions of water and sewer service to areas outside the city's corporate limits, but within the city's adopted area of consideration for annexation, only when such areas or developments simultaneously with the request for water and/or sewer: service agree to petition the city for annexation, where practical, prior to the extension of suchservice. Thel board shall have the authority to waive this requirement when annexation would be impractical, legally impossible, or would not bei in the (d) The board shall have the authority to make exceptions to these policies for reasons determined to bein (b) Its shall be unlawful to discharge to any natural outlet within the local government, or in any area under the jurisdiction of the local government, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this article and with regulations of the state division of environmental management, department of natural resources and community development. Except as otherwise provided in this article, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater. Sec. 29-232. - General policies regarding extensions. best interest oft the city. the best interest of the city. Sec. 29-336. - Use of public sewers. CITY OF KING CITY COUNCIL MEETING DATE: October 7, 2024 (c)7 The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the local government and abutting on any street, alley or right-of-way in which therei is nowl located, or may int the future bel located, ap public sanitary sewer oft thel local government, is required, at the owner's expense, to install suitable toilet facilities, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within 90 days after the date oft the official notice to dos SO, provided that such public sewer is within 150 feet of the property line. Discussion & Analysis: dwellings. Budgetary Impact: Recommendation: Preston Oaks King LLC is developing the land for Preston Oaks subdivision consisting of 34 single family The base rate for water and sewer inside city limits is $155.96/2 months and the outside rate for water is Staff has investigated the request and advertised itp per the state statutes and recommends approval of $195.05. Ifannexed, city tax would be applied to this parcel. Ord. #2024-13, with an effective date of November 4, 2024. PETITION REQUESTING CONTIGUOUS ANNEXATION PER G.S. 160A-31 Dater TO THE CITY COUNCIL OF THE CITY OF KING: Attached Exhibit AT be annexed to the City of King, NC. 1. We, the undersigned owners ofreal property, respeotfully request thatt the area described in the 2. The area tol be annexed is contiguous to the City ofI King and the boundaries of each territory are desoribed in attached. Exhibit A. (Please attach al metes & bound description of thej property tol be annexed.) Owner 1 Name Aden akh (Signature) EEs Addross Çity,State,Zip 1315Edipk bemmetale 27419 Dato: 9.25-74 n. Owner 2 (fadditional owners need to sign please obtain an extra form) Name Address City,State,Zip Date: (Signature) Office Use Below ORD#2024-13 Soo Bocke Address ofProperty to be. Annexed: Tstor Cakr sb W.Kihg S+ Datel Received: 9-25-24 Received By: f BK 0740PG1285 EXHIBAT "A" TRACT.NA.1 BEGINRENG. at: a point located east of the edge of pavement of old U.S. 52, said point being located at the southeast corer of Tract E as shown on plat recorded in Plat. Book 4, Page 241, Stokes county Registry: thence from said BEGINNING point south 64 degrees 09 minutes 47 seconds enst 101.22 feet to an iron stake, thence with the common boundary of Tvact C the following two coursest north 34 degrees 55 minutes 53 seconds east 122.93 *eet to an Aron stake, thence north 55 degrees 00 minutes 02 seconds west 100.15 feet to an iron stake, thence with the comon boundary of Tract E south 34 degreas 50 minutes 50 seconds west passing through an iron stake at 130.66 feet. and continuing 8.39 feet for a total distance of 139.05 feet: to the BEGINNING containing 0.301 acre and designated as the Verlie Knight lot: in Plat Book 4, Page 241 Stokes TBACT.NO.21 Beginning at an iron stake within the south right of way of West Dalton Road, clyde W. Brown's northeast corner (Book 152, Page 173)7 thence with Brown's noxth line and falling in on Elmer E. Gordon's north line and continuing on Audrey C. Harper, et al's north line (Book 301, Page 961) North 52 degrees 38 minutes 37 seconds West 253.55 feet to an iron stake in Harper, et al's north liner thence North 10 degrees 50 minutes 53 seconds East 104.41 feet to an iron stake in Bernard Mitchell's south line on the north side of the railroad; thence South 61 degrees 59 minutes 07 seconds East 224.64 feet to a point on the south side of old U.S. Highway $2: thence North 03 degrees 24 minutes 48 seconds East 24.12 teet to an iron stake within the south right of way of o1d U. S. Highway 52, the southwest coxner of Tract A, Plat Book 4, Page 241: thence South 61 degrees 37 minutes 24 seconds Bast: 494.05 feet: to an ixon stake in the west line of the Tom Jessup Estate, Plat Book 4, Page 233; thence with the west line of the Tom Jessup Estate South 07 degrees 22 minutes 56 seconds West: 20.10 feat to an iron stake; thance still with the Jessup Estate's west line South 06 degrees 58 minutes 10 seconds Wast 225.73 feet to an existing railroad spike in the center of West Dalton Road: thence with the center of said road North 52 degrees 24 minutes 41 seconds Wast: 520.30 feet to a point in the center of West palton Road; thence South 37 degreas 15 inutes 05 seconds West 17.00 feet to an iron stake, the point of beginning, containing 2.74 acres more or less. See Book 137, Page 1631 Book 287, Page 241; Plat Book 5, Page 262. This description taken Sron a survey by James R. Burrow, dated December 4, 1989. County Registry. TRACTNO.3: BEGINNING at an iron stake in M. K. Marshall et. al. Line, the Northvest corner 8f Lot #4 Dom Jessup estate, thenge S. 88 34'. 37" E. 258. 16 feet to a point in the middle of the road,, thence N. 000 45'. 12" W 200 feet to a point in the road thence N. 88 o 32' 23" W. 219.79. feet to M. K. Marshall et al line, thence with the Marshall line $,01" 38' 53 W. 200 feet to the BEGINNING corner. Containing 1.028 acres more or less. BK 0740 PG 1286 TRACTNO.4 BEING KNOWN AND DESIGNATED as Tract G, containing 5.090 acres, more or less, as shown on the plat entitled "Property of Mergaret K. Marshall, Dolla K.. Martin, and Ruch K. Haurer, formerly The Preston E. Knight Land", recorded in Plat Book 4, Page 241, in the Office of the Ragister of Doeds of Srokes County, North Carolina, reference to which plat is hereby made for A more particular description, TRACTNO.5: BEING KNO)WN AND DESIENAYED aa Tract D, containing 5.133 acren, more or JeNR, and Trnct F, crontaining 0.281 acree, ore or Iass, a# ahown on Lhe plat. enlitled "Margaret K. Marshall, DellA K. Martin, and Ruth F. Hauaar, formerly The Preston E. Knight Land", recorded in Plat Book 4, page 241, in the Orfice of the Register of Deeds of Stokes County, Nth Carolina, reference to which plat. is hereby made for a more particular description. TRACTNO.6: BEING KNOWN AND DESIGNATED As Tragt A, containing 5.091 aores, more or less, and Tract P, containing 0.055 acres, more or less, as shown on the plat entitled "Property of Margaret K. Marshall, Dalla K. Martin, and Ruth K. Hauser, formerly The Preston E, Knight Land", recorded in Plat Book 4, Page 241, in the office of the Register of Deeds of Stokes County, North Carolina, reference to which plat is hereby made for a more particular description. TRACTNO.7: TRACT NO. K BEGINNING at a point at the edge of U.S. Highway No. 52, 377 feet West from an iron stake the old original corner also Tom Jessups' corner and Yuns along the edge of the cement on U.S. Highway, No. 52. North 52 degrees 30 minutes West 100 feet, to edge of the cement on 0. S. Highway 52; thence North 37 degrees 30 minutes sEPEoEr toa fron stake; thence South 52 degrees 30 minutes East 100 feet to an iron stake; thence South 37 degrees 30 minutes West 150 feet to the Beginning, containing 0.34 acres, more or less. Being a part of the Preston Knight farm located in the North edge of the towm TRACTN NO. 2: BEGINNING at a point at the edge of 01d U.S. Highway No. 52, 377 feet West from an iron stake the old original corner also Tom a 'ssups' corner, now also Ralph Hauser's Southeast corner as described in Deed Book 111, Page 7 in the Stokes County Register of Deeds Office; thençe North 37 degrees 30 minutes East 150.0 feet along, the Ra7ph Hauser East line; thence South 52 degrees 30 minutes East 25 feet to a new point: thence South 37 degrees 30 minutes West 150 feet to a new point at the edge of the cément on U.S. Bighway 52; thence along the edge of the çement on old U.S. Highway No. 52 North 52 degrees 30 minutes Being a part of the Preston Knight farm Jocated in the North edge of the Village of King. See Deed Book 107, Page 403, in the Office of the Register of Deeds of Stokes County. the of_King; See Book 107, Page 403. K Nest 25 feet to the point of BEGINNINS. BK 0740 PG1287 TRACTNO.8: DEGINNING ot a rock In the Ruth K. Hauser property lIne; thenco South 5 deg. 55 min, Wost 975.75 foot to an existing Iron pin at the rallroad; thenco Norfh 50 dog. 03 min, 30 s0C. Wost 453.69 toot to an tron plnj thence North 51 deg. 07 min. Mest 100.51 fsot to on iron pin; thonce North 54 deg. 12 min. West 100.70 fvet to on Iron pin; thenpo North 56 deg. 51 min, Wust 73.67 fent to e now Iron pin, sald iron pin boing Jocated on tho north sido of the railrosds thonce North 70 deg. 32 min. eort and crossing old U. $. HIghwey 152, 261.94 foet to a now Iron pin: thence North 07 deg. 06 mins Wost 500.0 foot to s new Iron pin; thence South 82 dey: 13 min. Eust 489.39 fout to a rock, sald rock bolng tho point of BEGINNING and contoining B.69 acres, poro or less. it is spocifically understood that the right of way of old V, S. Highway #52, which Is 100 feet In width, oxtonds In an eset-wost directlon across the south sido of thls tract. City of King Resolution 2024-15 NC G.S. 160A.31(c) Resolution fixing date of a public hearing on question of annexation pursuant to Whereas, a petition requesting annexation of the contiguous area described Whereas, the City Council has by resolution directed the City Clerk to investigate Whereas, certification by the City Clerk as to the sufficiency of the petition has Now, therefore, be it resolved, by the King City Council of the City of King, Section 1. A public hearing on the question of annexation of the contiguous area described herein will be held at City Hall at 6 pm on November 4, 2024. Section 2. The area proposed to be annexed is described as follows: herein has been received; and the sufficiency of the petition: and been made; North Carolina that: (See Metes & Bounds Description attached) Section 3. Notice of the public hearing shall be published once in the Stokes News, a newspaper having general circulation in the City of King, NC, at least ten (10) days prior to the date of the public hearing. Richard E. McCraw- Mayor ATTEST: Nicole Branshaw, City Clerk City of King CERTIFICATE OF SUFFICIENCY To the King City Council oft the City of King, North Carolina: I, Nicole Branshaw, City Clerk, do hereby certify that II have investigated the attached petition and hereby make the following findings: ALLTHAT CERTAIN PIECE, PARCEL OR TRACT OF LAND LOCATED IN STOKES COUNTY, NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: TAX: PARCEL PIN # 5992670362 ALLTHAT CERTAIN PIECE, PARCEL OR TRACT OF LAND LOCATED IN STOKES COUNTY, NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Preston Oaks King LLC Lying and beingi in Yadkin Township, STOKES County, North Carolina, and more particularly described as follows: (SEE ATTACHED METES AND BOUNDS) Property address: 500 Block of West King St, King, NC: 27021 If find that the areai meets the standards for a contiguous area as specified in NC G.S. 160A-58.2, in that: 1. The petition includes ai metes and bounds description of the area proposed for annexation and has attached ai map showing the proposed satellite area ini relation to the primary corporate limits. 2. Thej petition includes the names and addresses of all owners ofreal property lying in the area 3. The petition includes the signatures ofa all owners of real property lying in the area described therein, In witness whereof, Ihavel hereunto set my hand and affixed the seal oft the City ofKing, this 7th day of described therein. except those not required to sign by NCG.S. 160A-58.2. October 2024. (Seal) Nicole Branshaw, City Clerk NOTICE OF PUBLIC HEARING ON QUESTION OF ANNEXATION The public will take notice that the City Council ofthe City ofKingy will hold aj public hearing at the King City Hall, 229 S Main St, King, NC 27021, at 6:00 PM on the 4th day ofNovember 2024, on the question ofa annexation oft the territory described below, pursuant tol North Carolina General Statute 160A.31(c), at which time the plans for extending municipal services to said territory will be explained and all persons resident or owning property in said territory and all residents oft the City ofKing, will be given an opportunity tol be heard. A legible map of the area to be annexed and a list of persons holding freehold interests in the area to be annexed who have been identified will also be posted in the office ofCity Hall at least thirty (30) days prior to the date of said public hearing. BEING, the property of Preston Oaks King LLC, recorded in Stokes County Registry recorded in deed book 740, page 1281, more particularly described as follows: Tax Parcel PIN # 5992670362 Preston Oaks King LLC described as follows: Lying and being in Yadkin Township, STOKES County, North Carolina, and more particularly BK0740PG1285 EXHIBIT "A" TRACT.NO. DEGINNENG. at a point located east of the edge of pavemont of Old U.S. 52, said point being located at the southenst corner of Tract E as shomm on plat recordod in Plat Book 4, Page 241, Stokes County Registry: thence fron said BEGINNING point south 64 degrees 09 minutes 47 seconds oast 101.22 foot to an iron stake, thance with the common boundary. of Tract C the following two courses: north 34 degrees 55 sinutes 53 seconds east 122.93 feet to an iron stake, thonca north 55 degreas 00 inutes 02 seconds west 100.15 feet to an iron stake, thence with the common boundary of Tract E south 34 degrees 50 ninutes 50 peconds west passing through an iron stake at 130.66 feet and continuing, 8.39 foet for a total distance of 139.05 feet to the BEGINNING contnining 0.301 acre and designated, as the Verlie Knight lot: in Plat: Book 4, Page 241 Stokes IBACT.NO.2 Baginning at an iron stake within the south right of way of West Dalton Road, clyde w. Brown's northoast corner (Book 152, Page 173)1 thence with Brown's north line and falling in on Elmer E. Gordon's north line and continuing on Audrey c. Harper, et al'g north line (Book 301, Page 961) Nozth 52 degrees 39 minutes 37 seconds West 253.55 foet to an iron stake in Harper, et al's north liney thenco North 10 degrees 50 minutes 53 seconds East 104.41 foet: to an iron staka in Bernard Mitchell's south Line on the north side of the railroad; thence South 61 dagrees 59 minutes 07 seconds East 224.64 feet. to a point on the south sida of o1d U.S. Highwsy $2; thence Noxth 03 dogroes 24 minutes 46 seconde East 24.12 feot: to an iron stake within the south right of way of o1d U. S. Highway 52, the southwost corner of Tract A, Plat Dook 4, Page 241; thance South 61 dagreos 37, minutas 24 seconds East 494.05 foet: to an iron stake in the west line of the Tom Jassup Estate, Plat. Book 4, Page 233: thence with the west line of the Tom Jessup Estato South 07 dagrees 22 minutes 56 seconds West 20.10 foot to an iron stake; thance still with the Jessup Estate's wost line South 06 degreos 58 minutes 10 seconds Wast 225.73 feet to an existing railroad mpike int the center of West: Dalton Road: thence with the center of said road North 52 degrees 24 minutas 41 seconds West 520.30 feat to a point in tho center of West Dalton Road; thance South 37 degreas 15 minutos 05 seconds Wast 17.00 feut to an iron sstake, the point of boginning, containing 2.74 acres more or Jess. See Book 137,. Page 1631 Book 187, Page 241: Plat Book 5, Page 262. This desoription taken from a survey by Janos R. Burrow, datod December 4, 1989. County Registry. TRACTNO.3: BEGENNING at an iron stako in M. K. Marshall et. Al. line, the Northwest corner 8fLot #4 Pom Jensup ostate, thence B. 88 34' 39"E. 258. 16 feet to a point in tho middlo of the. road, thence N. 00° 45'. 12" W'200 fent to a point in the road thonco N. 88 e 32' 23" W. 219.79, feot to M, K. Marahall. et al lind, thenco, with the Maraha) line 8,01- 38' 53" W. 200 feet to tho BEGINITNG cornor. Containing 1.028 acrop mora or loos. BK0740PG1286 TRACTNO.4: BEING KNOHN AND DESIGNATED as Tract G,. containing. 5,090 acres, more or less, as ahown on the. plat entitled "Property, of Margarot K, Harahall; Delin K... Martin, und, Ruth K. Baueer, formerly. The Preston B. Knight Land", rocorded in Plat Dook 4, Page 241, iu the office of the Ragistor of Deeds of Scokes. County, North Carolina, reference to which plat iu hereby made for A more particular description. TRACTNO.S: BAING; KNOWN AND DERIGNAED at "rack D, containing 5.133 ncron, more or IenR, atd Tnot R, containing 0.201 acreo, jore. or lesn, AR ohown on Lhe plat entitled "Margaret K. Marshall, DellA K. Martin, and Ruth P. llauaer, formorly The Preaton E. Knight Land", racorded in Plat Book 4, page 241, in the orfice of tho Reginter of Deedo of Stoken County, Math Carollna, reforence to whlch plat is made for a more particular dencription. hereby TRACTNO.6: BEING KNOWN AND DESIGNANTED as Tract A, containing 5.091 aoros, more or loG8, and Traat D, contoining 0.055 acres, more or less, as shown on the plat entitled "Property of Margaret K. Marshall, Della K, Martin, and Ruth K. Hauser, formerly Tha, Prenton E. Knight hand", radordod in Plat Book 4, Page 241, in tho office of the Ragieter of Deeds of Stokes County, North Cerolina, roference to which plat is horeby made for a nore parcicular descxiption. TRACTNO.7: TRACTHO. BEGINNING at a point at the edge of U.S. Highway No. 52,, 377 feet West fron an Tron stake tho old original corner also Tom Jessups: corner and. Yuns along the adge of the odgo of the cement on U, $, Highway 52; thence North 37 degreds 798 IRe BEs toa fron stake; thençe South 62 dogrees 30 minutes East 100 feet to an iron stakes thence South 37 degraes 30 minutos Hast 160 feot to the Beginning, containing 0.34 acres, more or tess. Being a part of the Preston Knight farm located in the North edge of tho tosn TRACT_NO.2: BEGINNING at a point at the edge of 01d U.S. Highway No. 52, 377 feet West from on iron stake the old original corner also Tom issups' corner, now also Rulph Hausey's Southeast corner as described in Deed Boak 111, Page in the Stokes County Register of Deeds OPfiçe; thence Korth 37 degroes 30 minutes East 150.0 feet along, the Ralph Hauser East line; thance South 52 degrees 30 minutes East 25 foet. to a. new point; thence South 37 degrees 30 minutes West 160 foet to a now. point at the edge of the cemont on U.S. Highway 52; thence along tho edge of the coment on old U.S. Highway No. 52 North 52 degrees 30 minutes Befag a part of the Preston Knight farm located in the North edge of the Village of King. Sce Deed Book 107, Page 403, in the Office of the Register of Deeds of Stokos County. coment on U.S. Highway, No. 52 North 52 degreas 30 minutes Wost of King; See Book 107, Page 403. Nest 25 feet to the point of BEGINNINS. BK0740PG1287 TRACTNO.8: DEOINNING Dt a rock In. 1ho Ruth K, Hausor property, tIno; thonce South 5 dog. 55 nin, Wosi 975.75 foot to an oxisting Iron pin, at tho rallroad; thonco North 50 dog. 03 min. 30 sue. Most 453.69 foot to an Iron pinj thenco Morth 51 dog. 100.70 07 aln. Kost 100.51 loot tp BA Iron pin; thonco North 5A deg:. 12 min. Wost fuet to an Iron pins thonge Horth 56 dog. 51 min, Must 73.67 foot to o now North iron sald iron pin bolag, locatud on tho Aorth side of tha rallroud; thonce SP 32 min. east and crossing old U, $. Highway, 152, 261.94 foet to a now Iron pIn: thonco Horth 07 dop. 06 min. Wost 500.0 toot to a noK iran piny thonco South 82 doy: 13 aln. Eust 489.39 fout to a rock, soid rock boing, tho point of DEOINNING and contoining 8.69 acros, moro or loss. i+ is spociflcally undorstood fhat the right of woy of old U, S. Highyoy 152, which is. 100 toet Jn vloth, extonds tn on outtrvost diroction across tho soufh aldo of thls tract. Property address: 5001 Block ofWest King St, King, NC2 27021 Nicole Branshaw, City Clerk CITY OF KING CITY COUNCIL MEETING DATE: October 7,2024 PART A Subject: Request for Public Hearing for Voluntary Annexation Request by Adan oft their 4.31 ac. Tract on Newsome Road per our utility extension policy. Request form w/metes & bounds description; Resolution 2024-16, directing the clerk toi investigate the request; Certificate of Sufficiency & Public Hearing Notice; Chavez & Rosario Castillo. Ordinance #2024-14. Action Requested: Requesti is made by Adan Chavez and Rosario Castillot for voluntary annexation Attachments: Sité Plan-lylap Submitted By: 10/1/2024 JonGrace, City Planner City Manager Review: 234 This abstract requires review by: City Attorney Finance Officer Budget Amendment Necessary? Yes DNoD Budget Officer City Engineer Date Reviewed Date Reviewed Date Reviewed Date Reviewed Scott City Manager PART B Introduction & Background: The property owner is requesting voluntary annexation per our utility's extension section of our ordinance. This tract ist for al light industrial property and contains 4.31 acres. See attached metes and bounds. (b) It shall bet the general policy of the city to permit extensions of water and sewer service to areas outside the city's corporate limits, but within the city's adopted area of consideration for annexation, only when such areas or developments simultaneously with ther request for water and/or sewer service agree to petition the city for annexation, where practical, prior to the extension ofs such service. Thel board shall have the authority to waive this requirement when annexation would bei impractical, legally impossible, or would not be in the (d) The board shall have the authority to make exceptions to these policies for reasons determined to bei in (b) It shall be unlawful to discharge to any natural outlet within the local government, or in any area under the jurisdiction of the local government, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this article and with regulations of the state division of environmental management, department of natural resources and community development. Except as otherwise provided in this article, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater. Sec. 29-232. - General policies regarding extensions. best interest of the city. the besti interest of the city. Sec. 29-336. - Use of public sewers. CITY OF KING CITY COUNCIL MEETING DATE: October 7, 2024 (c)The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the local government and abutting on any street, alley or right-of-way in which there is now! located, or mayi int thet future bel located, a public sanitary sewer oft the local government, isn required, at the owner's expense, to install suitable toilet facilities, and to connect such facilities directly with the proper public sewer in accordance with the provisions oft this article, within 90 days after the date oft the official notice to do so, provided that such public sewer is within 150 feet oft the property line. Discussion & Analysis: stud manufacturing. Budgetary Impact: Recommendation: Adan Chavez and Rosario Castillo are constructing a new light industrial commercial building for metal The base rate for water and sewer inside city limits is $155.96/2 months and the outside rate for water is Staff has investigated the request and advertised it per the state statutes and recommends approval of $195.05. Ifannexed, city tax would be applied to this parcel. Ord. #2024-14, with an effective date of November 4, 2024. Road PETITION REQUESTING CONTIGUOUS ANNEXATION PER G.S. 160A-31 Date TO THE CITY COUNCIL OF THE CITY OF KING: Attached Exhibit Al be annexedi to the City of King, NC. 1. We, thet undersigned owners ofi realj property, regpectfully request that the area described: in the 2. The area tot be amexed is contiguous tot the City of King: andt thel boundarles of each territory are described in attached! Exhibit A. (Please attach a) metes &1 bound doscription of thej property tol be: ainexed.) Owner1 1 Name (ignature) Py Address City, State, Zip S6I Bodenhamer Fue pE RewHet M 37041 Date: qllp4 Owner 2 (fadditional owners need to sign please obtain an extra form) Name Address City,State,Zip Rosario Caskie 561 Budenhamsr Furm Ad Leral Hair N2745 Roscito Casto (Signature) Date:_ 9-11-24 Office Use Below ORD # 2024-14 Address ofProperty to be Annexed: LD5 Dewsone Rood - Datel Received: glalzy Received By: BL BK 0777 PG 1001 METES and BOUNDS EXHIBIT"A" Tract 1: Beginning at an Iron in the South right-of-way of SR# 1222 (Newsome Road) and in the west) line of Hiram Baker (now or formerly) and runs thence S 03 deg. 47' 00" W for a distance of 510.50 feet to an iron int the line of Richard Newsome (now or formerly), see Deed Book 288, Page 397, thence with the line of Richard Newsome N 76 deg, 44' 04" Wi for a distance of 192.64 feet to a point in said line, thence on a new line NO 03 deg, 47 00" E for a distance of 560.86 feet to a point in the right-of-way of SR: #1222 (Newsome Road), thence S 81 deg, 48' 21" E for a distance of 55.65 feet to an iron, thence S 63 deg. 13' 59" E: for a distance of 151.35 feet to an iron, said iron being the Subject to a 60 foot easement granted by Carl E. Speas and wife, Alice Pauline Speas, point BEGINNING, and containing 2.33 acres, more or less. and shown on Plat Book 5, Page 77, Stokes County Registry. Tract 2: BEGINNING at a point, said point being located thence South 61'48"21 East for a Distance of 61.73 feet from an iron in the right of way of SR 1222 Newsome Road. Thence South 61'48"21 East for a distance of 162.70 feet with the right of way of SR 1222 Newsome Road. Thence South 03'47"00 West for a distance of 560.86 feet toa point in the line of Richard Newsome (now or formerly) DB, 288 PG, 397. Thence North 76'44"04 West for a distance of 144.32 feet to an iron in the Richard Newsome Line. Thence South 89'07"29 West for a distance of 5.83 feet to a point thence with a new line. Thence North 03'47"00 East for a distance of 604.79 feet to a point. Said point being the point and place of BEGINNING. Said property contains 1.98 acres more or less City of King Resolution 2024-16 NC G.S. 160A.31(c) Resolution fixing date of a public hearing on question of annexation pursuant to Whereas, a petition requesting annexation of the contiguous area described Whereas, the City Council has by resolution directed the City Clerk to investigate Whereas, certification by the City Clerk as to the sufficiency of the petition has Now, therefore, be it resolved, by the King City Council of the City of King, Section 1. A public hearing on the question of annexation of the contiguous area described herein will be held at City Hall at 6 pm on November 4, 2024. Section 2. The area proposed to be annexed is described as follows: herein has been received; and the sufficiency of the petition: and been made; North Carolina that: (See Metes & Bounds Description attached) Section 3. Notice of the public hearing shall be published once in the Stokes News, a newspaper having general circulation in the City of King, NC, at least ten (10) days prior to the date of the public hearing. Richard E. McCraw- Mayor ATTEST: Nicole Branshaw, City Clerk City of King CERTIFICATE OF SUFFICIENCY To the King City Council ofthe City of King, North Carolina: INicole Branshaw, City Clerk, do hereby certify that Ihave investigated the attached petition and ALLTHAT CERTAIN PIECE, PARCEL OR TRACT OF LAND LOCATED IN STOKES COUNTY, NORTH hereby make the following findings: CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: TAXPARCEL PIN; #: 5991186049 & 5991184185 ALLTHAT CERTAIN PIECE, PARCEL OR TRACT OF LAND LOCATED IN STOKES COUNTY, NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Correa Adan Chavez and Rosario Castillo Chavez Lying and beingi in Yadkin Township, STOKES County, North Carolina, and more particularly described as follows: Tract 1: Beginning at an Ironi in the South right-of-way of SR 1222 (Newsome Road) and int the west line of Hiram Baker (now orformerly) and runs thence S 03 deg. 47' O0"Wfor: a distance of 510.501 feeti to ani iron ini the line of Richard Newsome (now or formerly), see Deed Book 288, Page 397, thence with the line of Richard Newsome N 76 deg, 44' 04"Wfora a distance of 192.64 feet to a pointi ins said line, thence on a new! line N 03 deg, 47' 00" Et for a distance of 560.86 feet to a point int the right-of-way of SR #1222 (Newsome Road), thence S8 81 deg, 48' 21"Ef for a distance of 55.651 feet to an iron, thence S 63 deg. 13'5 59" Efora a distance of 151.351 feet to an iron, said iron being the point Subject to a 601 foot easement granted by Carl E. Speas and wife, Alice Pauline Speas, and shown on Plat Book5, BEGINNING, and containing 2.33 acres, more or less. Page 77, Stokes County Registry. Tract 2: BEGINNING at a point, said point being located thence South 61'48"21 East for al Distance of 61.73 feet from an ironi int the right of way of SR 1222 Newsome Road. Thence South 61'48'"21 Easti fora a distance of 162.701 feet with the right of way of SR 1222 Newsome Road. Thence South 03'47"001 West for a distance of 560.86 feeti to aj point in the line of Richard Newsome (now ort formerly) DB, 288 PG, 397. Thence North 76'44"04 West for a distance of 144.32 feet to ani iron in the Richard Newsome Line. Thence South 89'07"29 West for a distance of 5.831 feet toa pointt thence with ar new line. Thence North 03'47"00 Easti for a distance of 604.791 feett to a point. Said point being the point and place of BEGINNING. Said property contains 1.98 acres more or less Property address: 605 Newsome Road, King, NC: 27021 Ifind that the area meets the standards for a contiguous area as specified in NC G.S. 160A-58.2, in that: 1. The petition includes ai metes and bounds description of the area proposed for annexation and has attached a map showing the proposed satellite area ini relation to thej primary corporate limits. 2. The petition includes the names and addresses ofall owners ofreal property lying in the area 3. The petition includes the signatures of all owners oft real property lying in the area described therein, In witness whereof, Ihave hereunto set my hand and affixed the seal of the City of] King, this 7th day of described therein. except those not required to sign by NC G.S. 160A-58.2. October 2024. (Seal) Nicole Branshaw, City Clerk NOTICE OF PUBLIC HEARING ON QUESTION OF ANNEXATION Thej public will take notice that the City Council oft the City of King will hold a public hearing at thel King City Hall, 229: SI Main St, King, NC27021, at 6:001 PM on the 4th day ofNovember: 2024, on the question ofannexation ofthet territory described below, pursuant to North Carolina General Statute 160A.31(c), at which time thej plans for extending municipal services to said territory will be explained and all persons resident or owning property in said territory and all residents oft the City ofl King, will be given an Al legible map oft the area to be annexed and a list of persons holding freehold interests in the area tol be annexed whol havel been identified will also be posted in the office of City Hall at least thirty (30) days BEING, thej property of Correa Adan Chavez and Rosario Castillo Chavez, recorded in Stokes County Registry recorded in deed book 777, page 999, more particularly described as follows: opportunity to bel heard. prior to the date ofs said public hearing. Tax Parcel PIN# #59911860498 &5991184185 Correa Adan Chavez and Rosario Castillo Chavez Lying and being in Yadkin Township, STOKES County, North Carolina, and more particularly described as follows: EXHIBIT"A" Tract 1: Beginning at an Iron in the South right-of-way of SR 1222 (Newsome Road) and ini the west line ofHiram Baker (now or formerly) and runs thence S 03 deg. 47' 00" Wi for a distance of 510.50 feet to an ironi int the line of] Richard Newsome (now or formerly), see Deed Book 288, Page 397, thence with thel line of Richard Newsome N 76 deg, 44' 04" W: fora a distance of 192.64 feet to aj point in said Iine, thence on a newl linel N 03 deg, 47' 00" E: for a distance of 560.86 feet to aj point in the right-of-way of SR #1222 (Newsome Road), thence S8 81 deg, 48' 21"E for a distance of 55.65 feet to an iron, thence S 63 deg. 13' 59"1 E for a distance of151.35 feet to an iron, said iron being the point BEGINNING, and containing 2.33 Subject to a 60 foot easement granted by Carl E. Speas and wife, Alice Pauline Speas, and shown on Plat acres, more or less. Book 5, Page 77, Stokes County Registry. Tract 2: BEGINNING at aj point, said point being located thence South 61'48"21 East for al Distance of61.73 feet from an iron in the right ofway of SR 1222 Newsome Road. Thence South 61'48"21 East for a distance of162.70: feet with the right ofway of SR 1222 Newsome Road. Thence South 03'47"00 West fora distance of 560.86 feet to aj point int thel line ofRichard Newsome (now or formerly) DB, 2881 PG,397. Thence North 76'44"04 West for a distance of144.32 feet to an iron in thel Richard Newsome Line. Thence South 89'07"291 West for a distance of5.83 feet to a point thence with a new line. Thence North 03'47"00 East for a distance of 604.79 feet to aj point. Said point being thej point and place of BEGINNING. Said property contains 1.98 acres: more or less Property address: 605 Newsome! Road, King, NC27021 Nicole Branshaw, City Clerk CITY OF KING CITY COUNCIL MEETING DATE: OCTOBER 7, 2024 PART A Subject: Introduction to new employee: a. Matthew Cook-I Meter Reader b. Brandon Wilmoth - Meter Reader C. Kamryn Rawlings - B - Shift Operator Action Requested: None Attachments: Submitted By: None k Bransla Nicole Branshaw, City Clerk 09/30/2024 City Manager Review: ZO Scott Barrow, City Manager This abstract requires review by: City Attorney Finance Officer Budget Amendment, Necessary? Yes DNoD Budget Officer OCity Engineer Date Reviewed Date Reviewed Date Reviewed Date Reviewed PART B Introduction & Background: Discussion & Analysis: None Budgetary Impact: n/a Recommendation: None The City Council has directed that all newly hired employees bei introduced ati their meetings. CITY OF KING CITY COUNCIL MEETING DATE: OCTOBER 7, 2024 PART A Subject: PRESENTATION OF PROCLAMATION Action Requested: None Attachments: Copy of Proclamations for: 1) Indigenous Peoples' Day Proclamation 2) Recognition of Service Brent Cromer Submitted By: ekbenskaw Nicole Branshaw, City Clerk 10/01/2024 Date City Manager Review: This abstract requires review by: City Attorney Finance Officer Budget Amendment Necessary? Yes DNoD Budget Officer OCity Engineer Date Reviewed Date Reviewed Date Reviewed Date Reviewed Scott Lo3 Barrow, City Manager PART B Introduction & Background: 2) Recognition of Service Brent Cromer Discussion & Analysis: None Budgetary Impact: None Recommendation: None Mayor McCraw will present proclamations for 1) Indigenous Peoples' Day Proclamation OFFICE OF THE MAYOR OF THE CITY OF KING Indigenous Peoples' Day Proclamation 2024 WHEREAS, American Indians have inhabited this continent for centuries, and from the first contact with English settlers; American Indians shared their knowledge of the land and its resources and have continued to play a vital role in the development of the City of King, the State of North Carolina, and the nation; WHEREAS, North Carolina is home to over 130,000 American Indians hailing from eight distinct state-recognized tribes, including the Coharie, Eastern Band of Cherokee, Haliwa-Saponi, Lumbee, Meherrin, Occaneechi Band of Saponi, Sappony, and Waccamaw Siouan; and WHEREAS, the City of King enjoys a positive relationship with its American Indian citizens; recognizes and encourages the acknowledgment of the history, contributions, and sacrifices of Indigenous Peoples; and honors and respects the rich cultural and economic contributions that American Indians have made: WHEREAS, the City of King promotes the closing of the equity gap for Indigenous Peoples through policies and practices that reflect the experiences of Indigenous Peoples, ensure greater access and opportunity, and honor our nation'si indigenous roots, history, and contributions; WHEREAS, Indigenous Peoples' Day was first proposed in 1977 by a delegation of Native Nations to the United Nations during an international conference addressing discrimination against Indigenous populations in the Americas; and NOW, THEREFORE, 1, Richard E. McCraw, as Mayor oft the City of King, North Carolina, and on behalf of the King City Council, do hereby proclaim Monday, October 14, 2024, as Indigenous Peoples' Day" ini the City of King, and commend its observance to all citizens. Richard E. McCraw Mayor, City of King Witness Whereof, I have hereunto set my hand and caused the Great Seal of the City of King to be affixed this the 7th day of October int the year ofourLord, two thousand and twenty-four. NOR Proclamation Office ofthe Mayor Recognition ofService Brent Cromer 1983 Whereas, King Outreach Ministries was established in 1984, and celebrated its 40Pyearofvolunteer. service to ourc community this year; and Whereas, the City of King desires to recognize and honor Brent Cromer for dedicated and distinguished service to the communitythrough, and; Whereas, Brent has volunteered countless hours for the last 35 years; throughout his years of dedicated service to King Outreach Ministries, he has collected generous donations from citizens, grocery stores, and many local locations throughout the city; and Whereas, Brent Cromer has earned the respect of his fellow volunteers, public officials, community leaders, and the high regard ofarea residents, all ofwhom are proud tocall him "friend;"and Now, Therefore, 1, Richard E. Warren, by virtue of the authority vested in me as Mayor of the City of King, and on behalf of our City Council and all our citizens, do hereby extend to Brent Cromer our sincere appreciation for his outstanding performance ofduty and his service to our community. Witness Whereof, Ih have hereunto set my hand and caused the Seal of the City of King to be affixed this the 7th day of October in the year ofour Lord, two thousand and twenty-four. Richard E. McCraw Mayor, Cityofking CITY OF KING CITY COUNCIL MEETING DATE: OCTOBER 7, 2024 PART A Subject: PUBLIC HEARING Text Amendment to City of King Ordinances- Ordinance 2024-12 Action Requested: Approve text amendment of Chapter 6, Article IV, with amendments being adopted as Ordinance #2024-12 Proposed Text Amendment ExhibitA Jon Grace, Planner/Zoning Officer 1 Attachments: Submitted By: Proposed Primary Fire Limit Maps Primary Fire Limits adopted in 1985 09/30/2024 City Manager Review: This abstract requires review by: OCity Attorney Finance Officer Budget Amendment Necessary? Yes DNoD Budget Officer City Engineer Date Reviewed Date Reviewed Date Reviewed Date Reviewed Manager PART B Introduction & Background: This request is being made by the City of King Panning/Inspections Staff to review and approve changes to the City of King Code of Ordinances. Affected chapters are Chapter 6 - Building and Building Regulations, Article IV - Fire Limits. Amendments are being adopted as Ordinance #2024- 12 Discussion & Analysis: In accordance with the Code of Ordinances, Chapter 32-Zoning, Sec. 32-96 the City ofKing Planning Board/Board of Adjustment reviewed the foregoing amendments on September 23, 2024, and voted unanimously to approve the amendment as presented. Budgetary Impact: None Recommendation: Staff recommends approving Ordinance #2024-12 with changes to the City of King Code of Ordinances, Chapter 6 - Building and Building Regulations, Article IV. Fire Limits, as presented. LWDJA (INVO /GOOD. SREPHERD 31HOV3d NVO ISILdy GNOd mus a5are VSED NOLHPTNE 4830 WT "VO ENId ASIAENIG HEWESSIS TVM IHDIN ILE wynnd, MIVW 8 I Homids B MBIA. Loid IMMN QUEÉNS PHOA ASEY 3EINYS C 8 HoS CELA ds SndOowwano NIGOOM GIS4 S3dAD IYO DR Tdww MAPV Sinna STTH aonsas ISNIVWS PILOTVIEWDR EAVANETO Ta SCENICDR HL61ZAd au 509 38OTH 4161Z1Ad piseJo! TRINITYDR SR 1354 LNI G AVEZ TEne Exhibit A Primary Fire Limits Of King, NC Beginning att the eastern side of2 209EDalton Road, followingt the railroadi tracks toi the Northwest and continuing to the Northeast boundary of 104 WI Dalton Road. From this point, traveling in a Southwest direction, across W Dalton Road, to the Northeast corner of 103 W. Dalton Road. Then, traveling in a Northwest direction, parallel to WI Dalton Road, to the Northwest corner of 103 WI Dalton Road. From there, traveling Southwest, parallel to Pulliam Street on the East side, tot the Southwest corner of 216 S. Main Street. Then, traveling in an East-Southeast direction to the Northwest corner of 226 SI Main Street. Then, running parallel to S. Main Street, following the creek, to the Southwest corner of 234 S. Main Street. Then, moving East, across South Main Street, down the Northside of Crabbs Street, to the Southeast corner of 239 South Main Street. Then, traveling North, parallel to Rupert Hall Street for 151 feet. Then traveling East for 140 feet. Then, traveling North for 120 feet and across New Street. Then, traveling in a generally East direction along the Southern boundary, to the Southeast corner of 132 East Dalton Road. Then, traveling North, Parallel to Maple Street on the West side, crossing to the Northside of East Dalton Road. Then, traveling Easta along Dalton Road, to the eastern side of 209 ED Dalton Road. pg.2 Exhibit B ARTICLEIV.-FIREL LIMITS [6] Footnotes: - (6)--- Cross reference-Fire prevention and protection, Ch. 13. State Law reference- Establishment ofi fire limits, 6.S.160A-435. G.S. 160D-1128 Sec. 6-176.- - Established according to state law provisions. The city, as required by 6.S.160A-435. G.S.160D-1128, hereby establishes and defines by ordinance primary fire limits. The defined area shall comply with the applicable provisions of6-S.160A-435- 160A-438. G.S. 160D-1128 Ord-No-5-85,art1,7-1-85 (Ord. No. 2024-11) Sec. 6-177.-E Enforcement of article. a)Restrictions within primary fire limits. In compliance with 6.S.160A-435, every-mneorporated-eityshatt passoneormoreordinenceresteblsnegencceimnetretimtb,whichahatinctudetheprineipet business-portionsoftheciy,andwhichshatbeknowmasprimanytretimits,witnthefoltowings restrictions: G.S. 160D-1128 Municipal Fire Limits. The governing board of everyincorporated city shall pass one or more ordinances establishing and defining fire limits, which shall include the principal business portions of the city, and which shall be known as primary fire limits. In addition, the governing board may, in its discretion, establish and define one or more separate areas within the city as secondary fire limits. (Wthintheprimary/fretimitsmoftemeorwooenbuldinsorstructureorsdditionthereto; shatthereafterbeerbeerected,aitered,repalredormoyedrertnerinto.netimisorfromoneplaceto enctherwthinthetmtsreceptbypermtssuecbyineclysinspectiondepartmentand pprovedbythestatecommisonerofinserance: Restrictions Within Municipal Primary Fire Limits. Within the primary fire limits of any city, as established and defined by ordinance,no frame or wooden building or structure or addition thereto shall hereafter be erected, altered, repaired, or moved, either into the limits or from one place to another within the limits, except pg.3 upon the permit of the local inspection department approved byt the governing board and byt the State Fire Marshal or the State Fire Marshal's designee. The governing board may make additional regulations for the prevention, extinguishment, or mitigation of fires within the (2) Restrictions Within Municipal Secondary Fire Limits. Within any secondary fire limits of any city or town, as established and defined by ordinance, no frame or wooden building or structure or addition thereto shall be erected, altered, repaired, or moved, except in accordance with any (2Fhe-cilycouncitmeymakescditionatreguistionstorthepreventon,estinguishmentor GFtheciycouncitsatfemiorretsetoestapishencoetinetnepmeytsoltnecly, sreairesbyiawsaterhehaMPENcMeveoTebaMcMPNerNtwmtoninwtnebytne state-commissionerofinsurence,the-commissionershatthavethepowertoestabtshthe-timits uponmekingedeterminetonthattheyeeecesayendimtnepubicinterest: (3) Failure to Establish Municipal Primary Fire Limits. If the governing board of any city shall fail or refuse to establish and define the primary fire limits of the city as required by law, after having such failure or refusal called to their attention in writing byt the State Fire Marshal, the State Fire Marshal shall have the power to establish the limits upon making a determination thatt they are (b)Department of planning and inspections. It shall be the duty oft the department of planning and inspections to make alli inspections necessary to determine whether or nott the provisions oft this article (c)Penalties for violation of article. Its shall be unlawful for any person willfully toi fail or refuse to comply with anyi final order or direction of the city's code enforcement officers. Further, the city may initiate any appropriate civil or criminal action or proceedings to prevent, restrain, correct or abate violations oft this primary fire limits. rules and regulations established by ordinance of the areas. mitigationoffireswithntheprimaryfire-timits: necessary: and int the public interest arel being met. article. (Ord. No. 5-85, art. III, $81-3,7-1-85) Sec. 6-178. Boundaries. The boundaries oft the city's primary fire limits, in compliance with all applicable laws and regulations, shall at all times be on1 file with the city clerk, and set forth in a written description, attached int this section by reference as exhibit A and made aj part of this article. (Ord. No. 5-85, art. IV,7-1-85) pg.4 1983 ORDINANCE NO. 2024-12 AN AMENDMENT TO UPDATE THE CITY'S FIRE LIMIT'S CHAPTER6, ARTICLEIV, SEC. 6-176 andSEC.6-177. AN ORDINANCE AMENDING THE CITY OFKING CODE OF ORDINANCES: WHEREAS, the Primary fire Limits were adopted in 1985; and WHEREAS, the City of King's Code of Codified Ordinances, more specifically Chapter 6, Article IV, Section 6-176 and Section 6-177, text needs tol be amended; and WHEREAS, the City of King has now taken steps to amend the current fire limit Now, therefore, be it ordained, by the King City Council of the City of King, North ordinance to properly reflect the growth of the city; and Carolina that: Section 1. Section 2. The Primary Fire Limits of King, NC will be amended as follows: See The following sections of the city's codified code of ordinances be amended as follows: See the attached exhibit"B". the attached exhibit "A". DULYPASSED AND APPROVED by the City Council oft the City of King, NC, on the 7th day of October 2024. Seal Richard E. McCraw Mayor Attest: Nicole Branshaw CMC, City Clerk 1983 City of King Notice of Public Hearing NOTICE IS HEREBY GIVEN that a series ofpublic hearings will be held by the City Council of] King at City Hall, 229 S. Main Street, on the 7th day ofOctober 2024, beginning at 6:00 p.m., Amendment of the official zoning map and/or ordinance of King, N.C., and/or the granting of as special usej permit by the City Council or Board of Adjustment referenced in Code ofOrdinance listed below and per Chapter 32-Zoning, Sec. 32-71,96 & 127 in the following manner: Item 1: To review and approve the City's code of codified ordinances. Affected chapters are Chapter 6- Building and Building Regulations, Article IV, with amendments being adopted as for the purpose of considering the following: Ordinance #2024-12 In accordance witht the CodeofOrdinances, Chapter 32-Zoning, Sec. 32-96, the CityofKing Planning Board/Board of Adjustment will review the foregoing amendments on September: 23, 2024. and make a formal recommendation to the City Council. CITIZENS ARE HEREBY NOTIFIED that upon consideration of the comments at the herein-described public hearings, the City Council may amend the proposed ordinance A copy ofthe proposed amendments is on file att the City Hall forir inspection by alli interested amendments prior to adoption. citizens or you can call the planning department or city clerk at (336)983-8265. Nicole Branshaw, CMC City Clerk CITY OF KING CITY COUNCIL MEETING DATE: OCTOBER 7, 2024 PART A Subject: Attachments: CONSIDERATION OF BUDGET AMENDMENT 2024-04.01 Action Requested: Approval of Budget Amendment 2024-04.01 Budget Amendment 2024-04.01 Submitted By: Seccen Abccsn 09-12-2024 Susan O'Brien, Director of Finance and Personnel Date City Manager Review: 732 This abstract requires review by: OCity Attorney Date Reviewed Date Reviewed Date Reviewed Date Reviewed 9-13-24 Finance Officer Scott City Manager Budget Amendment, Necessary? Yes NoD Budget Officer OCity Engineer PART B Introduction & Background: Discussion & Analysis: The Budget Amendment adds $3,455 to the PD1 for a vehicle accident and $70,9351 for a total loss vehicle replacement and $3,027 to the FD for garage door damage. The FD amount and the $3,455 for the PD are offset by insurance proceeds revenue. The remaining amounts in the PD are offset by insurance proceeds of $19,275, surplus property sales of $7,660 and loan addition of $44,000. Contingency is The amendment also adds $7,492 to Wastewater Maintenance for tropical storm damages to the reduced by $3,913w which is added to debt service for the additional loan payment. Kensington pump station and this is offset by insurance proceeds. Budgetary Impact: Recommendation: Approval of budget amendment 2024-04.01 CITY OFI KING BUDGET. AMENDMENTZP2+0AO1 Bei itl hereby ordained by the City Council of the City of King that the following amendment bei made tot the Budget Ordinance adopted on the 20th day ofMay 2024, as follows: Section 1. To amend the General Fund, the expenditures aret to be changed as follows: General Fund Expenditures Police Fire- Special Appropriations Debt Service Total Decrease Increase 74,390 3,027 3,913 81,330 New Approp. 3,737,380 3,067,981 935,600 551,444 3,913 3,913 This will result in ani increase ini the expenditures oft the General Fund. The above changes in expenditures will require no adjustment to revenues. General Fund Revenues GF Revenues GF Fund Balance Appropriated Total Decrease Increase 77,417 77,417 Increase 7,492 7,492 New Approp. 10,779,864 569,835 0 Section 2. To amend the Enterprise Fund, the expenditures are tol be changed as follows: Enterprise Fund Expenditures Wastewater Maintenance Total Decrease New Approp. 4,409,145 0 This will resulti in ani increase in the expenditures of thel Enterprise Fund. The above changes in expenditures will require an adjustment to revenues as follows: Enterprise Fund Revenues EFI Revenues EF Fund Balance Appropriated Total Decrease Increase 7,492 7,492 New Approp. 11,119,530 0 0 Section3. Copies oft thel budget amendment shall be furnished by the City Clerk to the City Council to the Mayor, Budget Officer and] Finance Director fort their directions. Adopted thist the Attest: day of 2024. Richard E. McCraw, Mayor Nicole Branshaw, City Clerk CITY OF KING CITY COUNCIL MEETING DATE: October 7, 2024 PART A Subject: Attachments: Submitted By: GovWell Planning and Inspections software Contract Action Requested: Have contract reviewed and signed GovWell Contract 10/1/2024 Jonfrace, City Planner City Manager Review: 7EB Scotf Barrow, City! Manager This abstract requires review by: City Attorney Finance Officer Budget Amendment, Necessary? Yes NoD Budget Officer City Engineer Date Reviewed Date Reviewed Date Revlewed Date Reviewed PART B Introduction & Background: Discussion & Analysis: Budgetary Impact: Recommendation: The GovWell Contract needs to be reviewed and signed sO we can begin implementation. The Planning Dept has $16,000.00 budgeted for these services. Staff recommends the City Attorney review the contract and sign the contract with any corrections needed. Docusign Envelope ID: 8528C308AE4F787F-87FA8BFBD57CCA22 GOVWELL ORDER FORM- - CITY OFI KING, NC This Order Form, dated as oft the Order Form Effective Date, is entered into by and between GovWell Technologies Inc. ("GovWell") and the customer identified. below( ("Customer"), andi is subject to the Terms of Service (as defined below), which are incorporated by reference herein. Customer: City of King Effective Date: July 1, 2024 Customer Contact: Jon Grace Contact Email: grace@cl.xing.nc.us SERVICES, LICENSES, IMPLEMENTATION AND SUPPORT. Services: Beginning on the Order Form Effective Date, GovWell will make available to Customer the following software modules: Bullding Permits & Inspections Planning & Zoning Code Enforcement Laserfiche Integration Licenses: GovWeil will provide unlimited user licenses to Customer. Implementation: Beginning on the Effective Date, GovWell will provide implementation services to Customer to ensure the successful launch and adoption of the software. These implementation services mayi include, but are not limited to: GIS integration, integration with payment processing software, data migration, system configuration, system modifications, and: stafftraining. Support: GovWell will provide email and phone support to Customer Monday through Friday, 8ami to 6pm EST. GovWell will provide rèsponses to all Customer inquiries within 1 business day. GovWell willi invoice Customer: annually for the fees beginning on the Effective Date. 2. FEES, EXPENSES ANDPAYMENTTERMS. Year 1 2 3 TOTAL Fees $16,000 $16,000 $16,000 $48,000 3. INITIAL TERM Initial Term: Three (3) years, beginning on the Effective Date. DocuSign Envelope ID: 7B52E8C3-06AE-4F7F-87FA-68F9D57CCA22 4. TERMS OF SERVICE. The parties expressly acknowiedge and agree that this Order Form, any appendices attached, and any amendments hereto signed by the parties, is subject to and conditioned upon Customer's agreement to the Terms of Service located at P/AwPelRa.aNVame (as amended from time to time, the "Terms of Service"). Bys signing below, Customer expressly acknowledges and agrees that it has reviewed the Terms of Service and agrees to be bound thereby, Customer further acknowledges and agrees that by signing below, the person signing this Order Form has the authority to execute this Order Form on behalf of Customer. This Order Form may not be amended or modified, except AGREED AND ACCEPTED on behalf of the parties by their duly authorized representatives as of the Order Form ina writing signed by! both Customer: and GovWell. Effective Date. CUSTOMER: By (Signature): Name (Printed); Jon Grace GOVWELTECANOLOGE, ,INC.: By(Signature): Name (Printed): Title: Date signed: Title: Date signed: GOVWELLTECHNOLOGIES INC.-TERMS OF SERVICE Last Updated. June: 21, 2023 Please read these" Terms of Service (these "Terms") carefully. These Terms govern GovWellsprovision: of software and services, and Customer's (as defined below) use thereof, as set forth in an Order Form (as defined below) executed between GovWell Technologles, Inc. ("GovWell" or "we") and Customer. TOGETHER, THESE TERMS AND ANY ORDER FORM(S) CONSTITUTE THE "AGREEMENT THE AGREEMENT IS EFFECTIVE AS OF THE ORDER FORM EFFECTIVE DATE (AS DEFINED AND SET FORTH IN THE INITIAL ORDER FORM). CAPITALIZED TERMS USEDE BUT NOT BY EXECUTING AN ORDER FORM THAT INCORPORATES THESE TERMS BY REFERENCE AND/OR OTHERWISE USING THE SERVICES, THE INDIVIDUAL OR ENTITY OBTAINING THE RIGHT TO ACCESS SUCH SERVICES ("CUSTOMER" or "YOU") IS AGREEING TO BE BOUND BY AND IS A PARTY TO THIS AGREEMENT. IF THE INDIVIDUAL SIGNING THE ORDER FORM FOR CUSTOMER IS SIGNING ONE BEHALFOF, ACOMPANY OR OTHER LEGAL ENTITY, SUCH INDMVIDUAL REPRESENTS THAT HE OR. SHE HAS THE AUTHORITY TO BIND" THAT COMPANY OR OTHER LEGALI ENTITY. IFYOUDO CERTAIN ASPECTS OF THE SERVICES ARE PROVIDED WITH OR OTHERWISE COMPATIBLE WITH CERTAIN SERVICES OWNED OR CONTROLLED BY THIRD PARTIES. YOUR USE OF1 THOSE THIRD-PARTY: SERVICES WILL BE GOVERNEDI BY WE MAY AT OUR SOLE DISCRETION CHANGE, ADD, OR DELETE PORTIONS OF THIS AGREEMENT AT ANY TIME ONA GOING-FORWARD BASIS. IT IS YOUR RESPONSIBILITY TO CHECK THIS AGREEMENT FOR CHANGES PRIOR TO USEOF THE SERVICES, AND IN ANY EVENT YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF CHANGES TO THISA AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF ANY CHANGES. WE WILLI NOTIFYY YOU OF ANY SUCH MATERIAL CHANGES BY POSTING NOTICE OF THE CHANGES ON THE SERVICES, AND/OR, IN OUR SOLE YOU MAYI NOT ACCESS THE SERVICES IF YOU ARE A DIRECT COMPETITOR OF GOVWELL, EXCEPT WITH GOVWELL'S PRIOR WRITTEN CONSENT. IN ADDITION, YOU MAY NOT ACCESS THE SERVICES FOR PURPOSES OF MONITORING THEIR AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE DEFINED HEREIN SHALLH HAVE THE MEANINGS GIVEN TO THEM IN THE ORDER FORM. NOT AGREE TO BEE BOUND BY1 THESE TERMS, YOUT MAY NOT ACCESS OR USE THE SERVICES. THOSE LICENSES, AND NOTTHIS. AGREEMENT. DISCRETION, BY EMAIL. PURPOSES. 1. theya are first used. DEFINITIONS. Capitalized terms will have the meanings set forth in this section, or in thes section where "Access Protocols" means the passwords, access codes, technical specifications, connectivity standards or protocols, or other relevant procedures, as may be necessary to allow Customer or any Authorized Users to "Applicable Data Protection Laws" means any applicable US stâte laws, regulâtions, orders, orj judgments Issued by agovernmental authority that govern the privacy, security, confidentiality protection, Processing or transfer of "Authorized User" means each of Customer's employees, agents, and independent contractors who are authorized to access the GovWell Solution pursuant to Customer's "Customer Content" means any content and information provided or submitted by, or on behalf of, Customer or its Authorized Users for use with the Services, "Documentation" means the technical materials provided by GovWell to Customer, if any, in hard copy ore electronic form describing the use and operation of the GovWell "GovWell Solution" means the software-as-aservice application identified In any Order Form that allows Authorized Users to access certain features and functions through a webi interface orr mobile application. "Intellectual Property Rights" means any and all now known or hereafter existing (a) rights associated with rights undert this Agreement. access the GovWell: Solution. Solution. Personal Data. works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights; (d) patents, patent rights, and industrial propèrty rights; (e) layout design rights, design rights, and other proprietary rights of every kind and nature other than trademarks, service marks, trade dress, and similar rights; and (f) all registrations, applications, renewals, extensions, or reissues of the foregoing, in each case in any. jurisdiction throughout the Licensed Material" means results, reports, materials and documentation made available to Customer as part oft the "Order Form" means an order form thati iss signed by both parties andr references this Agreement. Personal Data" means any Customer Content, whether in electronic or paper-based form that constitutes "personal data," "personal information," or "personally identifiable information" or similar information governed by Applicable Data Protection Laws. For clarity, Personal Data does not include information pertaining to Customer's business contacts and/or representatives who are Customer personnel where GovWell has determinedi what information to collect andi for what purposes. "Processing" (including "Process", "Processes", "Processed", and other variants of the term) means any operation or set of operations that is performed upon Personal Data; whether or not by automatic means, such as collection, collation, recording, organization, storage, adaptation or alteration, retrieval, consultation, analysis, interpretation, compilation, aggregation, use, disclosure by transmission, dissemination, viewing, copying, deleting, or otherwise making available, alignment or combination, Professional Services" means professional services provided by GovWell to Customer as described in any Order Form (as may be further elaborated in any SOW), Including services relating to the GovWell Solution and support, implementation, training, and on-boarding "Services" means any services provided by GovWell to Customer under this Agreement as set forth in an Order Form, including, but not limited to, provision of the GovWell Solution and Professional Services. PROVISION OF SERVICES. viaaweb! browser. On or as soon as reasonably practicable after the Commencement Date, GovWell will provide to Customer ther necessary passwords, securlty protocols and policles and network links or connections and Access Protocois to allow Customer and Its Authorized Users to access the GovWell! Solution in accordance with the Access Protocols; provided that nothing herein will be construed to require GovWell to provide, or bear any responsibility with respect to, any telecommunications or computer network hardware required by Customer or any Authorized User to access the GovWell Solution from the 2.2 Support Services. Subject to. the terms and conditions of this Agreement, GovWWell will exercise commercially reasonable efforts to (a) provide support for the use of the GovWell Solution to Customer, and (b) keep the GovWell Solution operational and available to Customer, in each case in accordance withi its then-current world. Services. Internet. standard policies and procedures. INTELLECTUAL PROPERTY. 3. 3.1 License Grant. Subject to the terms and conditions of this Agreement, GovWell grants to Customer ar non-exclusive, non-transferable (except as permitted under Section 13.5 (No Assignment)) license during the Term (as defined below), solely for Customer's internal business purposes and in accordance with the limitations (Ifany): set forth in the Order Form, (a) to access and use the GovWell Solution and in accordance with the Documentation; and. (b) to use and reproduce a reasonable number of copies. oft thel Documentation. solely to support Customer's use of the GovWell Solution. Customer may permit any Authorized Users to access and use the features and functions of the GovWell: Solution as contemplated by this Agreement; provided Customer will be solely responsible for all acts or omissions of its Authorized Users with respect to the use of the GovWell 3.2 Restrictions. Customer will not, and will not permit any Authorized User or other party to: (a)allow any third party to access the GovWell Solution, Licensed Material or Documentation, except as expressly allowed herein; (b) modify, adapt, alter or translate the. GovWell Solution, Licensed Material or Documentation; (c) sublicense, lease, sell, resell, rent, loan, distribute, transfer or otherwise allow the use of the GovWell Solution or Documentation for the benefit of any unauthorized third party; (d) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the GovWell Solution, except as permitted by law; (e) interfere in any manner with the operation ofthe GovWell Solution ort the blocking or erasure, or destruction. Solution. thereof. 2. 2.1 Access. Subject to Customer's payment of the fees set forth int the Order Form ("Fees"), GovWell will provide Customer with access to the GovWell Solution hardware and network used to operate the GovWell Solution; (f) modify, copy or make derivative works based on any parto oft the GovWell Solution or Documentation; (g) access or use the GovWell Solution to build a similar or competitive product or service; (h) attempt to access the GovWell Solution through any unapproved interface; or () otherwise use the GovWell Solution, Licensed Material, or Documentation in any manner that exceeds the scope of use permitted under Section 3 (License Grant) or In a manner inconsistent with applicable law (including, without limitation, Applicable Data Protection Laws), the Documentation, or this Agreement. Customer will not remove, alter, or obscure any proprietary notices (including copyright and trademark notices) of GovWell or Its licensors on the Licensed Material or any copies 3.3 Ownership. The GovWe!l Solution, Licensed Materials and Documentation, and all enhancements and improvements thereto, and worldwide Intellectual Property Rights in each of the foregoing, are the exclusive property of GovWell and its suppliers. All rights in and to the GovWell Solution and Documentation not expressly granted to Customer in this Agreement are reserved by GovWell and its suppliers. Except as expressly set forth herein, no express or implied license or right of any kind is granted to Customer regarding the GovWell Solution, Documentation, ora any partt thereof. 3.4 License to Licensed Material. Subject to the terms and conditions of this Agreement, GovWell grants Customer a perpetual, royalty-free, fully-paid, nonexclusive, non-transferable (except as permitted under Section 13.5 (No Assignment), non-sublicensable license to use the Licensed Material. solely for Customer's internal 3.5 Open Source Software. Certain items of software may be provided to Customer with the GovWell Solution and are subject to "open source" or "free software" licenses ("Open Source Software").: Some oft the Open Source: Software is owned byt third parties. The Open Source Software is nots subject tot thet terms and condltions of Sections 3.3 (Ownership) or 11 (Indemnification). Instead, each item of Open Source Software is licensed under the terms of the end-user license that accompanies such Open Source Software. Nothing in this Agreement limits Customer's rights under, or grants Customer rights that supersede, thet terms and conditions of any applicable end user license for the Open Source Software. Ifn required by any license for particular Open Source Software, GovWell makes such Open Source Software, and GovWell's modifications to that Open Source Software, available by written request at the notice address specified below. 3.6 Feedback. Customer hereby grants to GovWell a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by Customer, including Authorized Users, relating to the Services. GovWell will not identify Customer ast thes source ofa any sucht feedback. FEES AND EXPENSES; PAYMENTS, 4.1 Fees. In consideration for the access rights granted to Customer andi the Services performed by GovWell under this Agreement, Customer will pay to GovWell the Fees. Except as otherwise provided in the Order Form, all Fees are billed monthly and due and payable within thirty (30) days of the date of the invoice. GovWell reserves the right to modify the Fees payable hereunder upon written notice to Customer at least forty-five (45) days prior to the end of the then-current term. GovWell will be reimbursed only for expenses that are expressly provided for in an Order Form or SOW or that have been approved in advance in writing by Customer, provided GovWell has furnished such documentation for authorized expenses as Customer may reasonably request. GovWell reserves the right (In addition to any other rights or remedies GovWell may have) to discontinue the GovWell Solution and suspend all Authorized Users' and Customer's access to the Services If any Fees are moret than thirty (30) days overdue until such amounts are paidi ini full. Customer will maintain complete, accurate and up-to-date Customer billing and contact information at all times. Except as provided in an Order 4.2 Payment Processing. From time to time GovWell may use certain third parties to provide payment services (e.g., card acceptance, merchant settlement and related services) ("Payment Processors"). By selecting certain billing and/or payments features, Customer agrees to comply with the terms and conditions and policies of the Payment Processors used by GovWell, and hereby consents and authorizes GovWell tos share anyi information and payment instructions provided herein with Payment Processors to the minimum extent required to complete 4.3 Taxes. The Fees are exclusive of all applicable sales, use, value-added and other taxes, and all applicable duties, tariffs, assessments, export and import fees, or other simllar charges, and Customer will be responsible for payment of alls sucht taxes (other than taxes based on GovWell's income), fees, duties, and charges and any related penalties and interest, arising from the payment of the fees, the provision of the Services, or the license of the GovWell Solution to Customer. Customer will 4. thereof. Form, fees are not refundable. business purposes. Customerstransactons hereunder. make all payments of Fees to GovWell free and clear of, and without reduction for, any withholding taxes; any such taxes imposed on payments of Fees to GovWell will be Customer's sole responsibility, and Customer will provide GovWell with official receipts issued by the appropriate taxing authority, or such other evidence as the GovWell may reasonably request, to establish that such taxes have 4.4 interest. Any amounts not paid when due will bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if backup copies of any Customer Content at Customer'ssole cost and expense. Customer agrees that any use of the GovWell Solution contrary to or in violation of the representations and warranties of Customer int this Section 5.2 Customer Warranty) constitutes unauthorized and improper use oft the GovWell. Solution. 5.3 Customer Responsibility for Data and Security. Customer and its Authorized Users will have access tot the Customer Content and willl be responsible for all changes to and/or deletions of Customer Content and the security of all passwords and other Access Protocols required in order the access the GovWell Solution. Customer will have the ability to export its own Customer Content out of the GovWell Solution and is ençouraged to make Its own back-ups of the Customer Content. Customer willl have thes sole responsibilityt fort the accuracy, quality, Integrity, legality, reliability, and appropriateness 5.4 Customer Responsibility for Operating its Own Business. Customer acknowledges that it, and not GovWell, is responsible for operating Customer's own business, including with respect to obtaining alll licenses, permits and other governmental registrations to enable its use of the Services. Thé GovWell Solution is not intended to be used as advice as to whether to engage in any PROFESSIONAL SERVICES. Where the parties have agreed to GovWell's provision of Professional Services, the details of such Professional Services willl be set out in an Order Form or a mutually executed statement of work ("SOW"). The Order Form or SOW, as applicable, will include: (a)a description of the Professional Services; (b)the schedule for the performance of the Professional Services; and (c)t thei Fees applicable for the performance of the Professional Services. Each Order Form or SOW, as applicable, will incorporate the terms and conditions of this Agreement. To the extent that a conflict arises betweenthei terms and conditions of an Order Form or SOWa and the terms of this Agreement, the terms and conditions of this Agreement will govern, except to the extent that the Order Form or SOW, as applicable, expressly states that. it supersedes been paid. less, fromi the due date until paid. 5. CUSTOMER CONTENT AND RESPONSIBILITIES. 5.1 License; Ownership. Customer is solely responsible for any and all obligations with respect tot the accuracy, quality and legality of Customer Content. Customer will obtain all third party licenses, consents and permissions needed for GovWell to collect, access, use, and otherwise Process the Customer Content to provide the Services. Without limiting the foregoing, Customer will be solely responsible for providing all notices to, and obtaining from, third parties, including, without limitations its customers, all necessary rights and consents for GovWell to use the Customer Content for the purposes set forth In this Agreement (including, without limitation, all notices and consents required under Applicable Data Protection Laws). Customer grants GovWell a non-exclusive, worldwide, royalty-free and fully paid license during thel Term (a) to use the Customer Content as necessary for purposes of providing and Improving the Services, (b) to use the Customer trademarks, service marks, and logos as required to provide the Services, or in promotional materials marketing websites and the like, and (c) derive aggregated, de-identified and/or anonymized data from Customer Content ("Derived Data"). GovWell willl be the sole owner of all such Derived Data and will have the right to use such Derived Data for any lawful business purpose. The Customer Content, and all worldwide Intellectual Property Rights in it, is the exclusive property of Customer. All rights in and to the Customer Content not expressly granted to GovWelli int this Agreement are reserved by Customer, 5.2 Customer Warranty. Customer represents and warrants that any Customer Content will not (a) infringe any copyright, trademark, or patent; (b) misappropriate any trade secret; (c) be deceptive, defamatory, obscene, pornographic or unlawful; (d) contain any viruses, worms or other malicious computer programming codes intended to damage GovWell's system or data; and (e) otherwise violate the rights of a third party. GovWell Is not obligated to back up any Customer Content; the Customer is solely responsible for creating of all Customer Content. particular transaction. 6. specific language Int the Agreement. DATASECURITY; PRIVACY. 7. 7.1 Data Security. Duringt thel Term, GovWell will maintain commercially reasonable safeguards and procedures designed to prevent the unauthorized use or disclosure of Personal Data ("Data Safeguards"). During the Term, GovWell will maintain commercially reasonable physical, administrative and technical security measures designed to maintain the availability, integrity and 7.2 Privacy. Without limiting Customer's obligations under Sections 2 (Provision of Services), and 2.1 (Intellectual Property), each partys shall comply with all Applicable Data Protection Laws in the performance of their respective obligations under this Agreement with respect to the Processing of Personal Data. The sale, retention, use or disclosure of Personal Data shall be governed byt this Agreement and, as applicable, GovWell's Privacy Policy, as Ine effect fromt time to time. 7.3 Additional Agreements. To the extent that GovWeli or Customer reasonably determine that Applicable Data Protection Laws require the parties to execute any additional agreements governing Personal Data, the parties agree to negotiate in good faith with respect to such additional agreements. DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, LICENSED MATERIAL AND DOCUMENTATION, ARE PROVIDED "AS IS," WITHOUT ANY CONDITION OR WARPANTYWAAISOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES RESIDES WITH CUSTOMER.GOVWELLEXPRESSIY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-NFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND DATA ACCURACY. GOVWELL DOES NOT WARRANT THAT OPERATION OF THE GOVWELL SOLUTION WILL BE UNINTERRUPTED OR ERROR-FREE, THE FEES PAID BY CUSTOMER TO GOVWELL DURING THE TWELVE (12) MONTHS PRECEDING THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. IN NO EVENT WILL GOVWELL'S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS 9.3 Basis of the Bargain. The parties agree that the limitations of liability set forth in this Section 9 (Limitation of Liability) will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The parties acknowledge that the prices have been set and the Agreement entered into in reliance upon thesel limitations of liability andi that all such limitations form an essential basis oft thel bargain between confidentiality ofPersonal Data. AGREEMENT. the parties. 10. CONFIDENTIALITY. 10.1 Confidential Information. "Confidential Information" means any nonpublic Information of a party (the "Disclosing Party"), whether disclosed orally or in written or digital medla, that isi identified as "confidential" orwth a similar legend at the time of such disclosure or that the receiving party (the' "Receiving Party") knows or should have known is the confidential or proprietary information of the Disclosing Party. The Services, Documentation, and all enhancements and improvements thereto will be considered Confidentlal Information of 10.2 Protection of Confidential Information. The Receiving Party agrees that it will not use or disclose to any third party any Confidential Information of the Disclosing Party, except as expressly permitted under this Agreement. The Receiving Party wil limit access to the Confidential Information: to Authorized Users (with respect to Customer) or to those employees who have a needi to know, who have confidentiality obligations no less restrictive than those set forth herein, and whol have! been informed of the confidential nature of such Information (with respect to GovWell). In addition, thel Receiving Party will protect the Disclosing Party's Confidential Information from unauthorized use, access, or disclosure int the same manner that it protects its own proprietary information of asimilar nature, but in no event with less than reasonable care. At the! Disclosing Party's request or upon termination or expiration of this Agreement, the Reçeiving Party will return to the Disclosing Party or destroy (or permanently erase in the case of electronic files) all coples of the Confidential Information that the Receiving Party doest not have a continuing right to use under this Agreement, and the Receiving Party will, upon request, certify to the Disclosing Party its compliance with thiss sentence. 8. GovWell. 9. LIMITATION OF LIABILITY 9.1 Types of Damages. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY NCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OFTHE NATURE OFTHE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED 9.2 Amount of Damages. THE MAXIMUM LABILITY OF EITHER PARTY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT WILLI NOT EXCEED OR HAVEPROVEN NEFFECTIVE. 10.3 Exceptions. The confidentiality obligations set forth in Section 10.2 (Protection of Confidential Information) will nota applyt to any! Information that (a) is at thet time of disclosure or becomes generally avallable to the public through no fault of the Receiving Party; (b) is lawfully provided to the Receiving Party bya third partyi free of any confidentiality duties or obligations; (c) was already known tot the! Receiving Party att thet time of disclosure free of any confidentiality duties or obligations; or (d) the Receiving Party can demonstrate, by clear and convincing evidence, was independently developed by employees ando contractors of the Receiving Party whol had no access to the Confidential Information. In addition, the Receiving Party may disclose Confidential Information to the extent that such disclosure is necessary for the Receiving Party to enforce its rights under this Agreement or is required by law or by the order of a court or similar judicial or administrative body, provided that (to the extent legally permissible) the Receiving Party promptly notifies the Disclosing Party in writing of such required disclosure and cooperates with the Disclosing Party if the Disclosing Party seeks an appropriate protective order. exclusive remedy of Customer and the entire liability of GovWell, or any of the officers, directors, employees, shareholders, contractors or representatives of the foregoing, fori infringement claims anda actions. 11.2 By Customer. Customer will defend ati its expense any suit brought against GovWell, and will pay any settlement Customer makes or approves, or any damages finally awarded ins such: suit, insofar ass such suit is based on a claim arising out of or relating to (a) an Exclusion, (b) Customer's breach or alleged breach of Sections 5.2 (Customer Warranty) or 14.6 (Compliance with Law); or (c) claims for bodily Injury or damage to physical property, to the extent ()a alleged tol be causedi by Customer's or any other party's use of the GovWell Solution; or (i) caused by the acts or omissions of Customer, its employees, officers or agents. This section states the sole and exclusive remedy of GovWell and the entire liability of Customer, or any of the officers, directors, employees, shareholders, representatives of the foregoing, for the claims and actions described herein. 11.3 Procedure. The indemnifying party's obligations as set forth above are expressly conditioned upon each of the foregoing: (a) the indemnified party will promptly notify the indemnifying party in writing of any threatened or actual claim or sult; (b) the indemnifying party willl have: sole control of the defense or settlement of any claim or suit; and (c) the indemnified party will cooperate with the indemnifying party to facilitate the settlement or defense of any claim or suit. 12. TERM AND TERMINATION. contractors or 11. INDEMNIFICATION. 11.1 By GovWell. GovWe!l will defend at its expense any suit brought against Customer, and will pay any settlement GovWell makes or approves, or any damages finally: awàrded ins such suit, insofar as suchs suiti is based on a claim by any third party alleging that the GovWell Solution infringes such third party's patents, copyrights or trade secret rights under applicable laws of any) jurisdiction within the United States of America. Ifany portion of the GovWell Solution becomes, or in the opinion of GovWel! is likely to become, the subject of a claim of infringement, GovWell may, at the option of GovWell: (a) procure for Customer the right to continue using the GovWell Solution; (b) réplace the GovWell Solution with non-infringing software or services which do not materially impair the functionality of the GovWell Solution; (c) modify the GovWell Solution so that it becomes non-infringing; or (d) terminate this Agreement and refund any unused prepaid Fees for the remainder of the term then in effect, and upon such termination, Customer will immediately cease all use of the GovWell Solution and Documentation. Notwithstanding the foregoing, GovWell will have no obligation under this section or otherwise with respect to any infringement claim based upon () any use of the GovWell Solution not in accordance with this Agreement or as specified in the Documentation; (i) any use of the GovWell Solution in combination with other products, equipment, software or data not supplied by GovWell; or (il) any modification of the GovWell Solution bya any person other than GovWell or its authorized agents (collectively, the "Exclusions" and each, an "Exclusion"). This section states the sole and 12.1 Term. This Agreement will begin on the Order Form Effective Date and continue in full force and effect as long as any Order Form remains in effect, unless earlier terminated in accordance with this Agreement (the "Term"). Unless otherwise stated in the applicable Order Form, the term of an Order Form will begin on the Commencement Date set forth in the Order Form and continue in full force and effect for one (1) year, unless earlier terminated in accordance with this Agreement. Thereafter, the Order Form will automatically renew for additional terms of one (1) year unless elther party gives written notice of non-renewal to the other party at least thirty (30) days prior the expiration to of thet then-current term. 12.2 Termination for Breach. Either party may terminate this Agreement immediately upon notice to the other party if the other party materially breaches this Agreement, and such breach remains uncured more than thirty (30) days after receipt ofwritten notice of such breach. 12.3 Effect of Termination. Upon termination or expiration of this Agreement for any reason: (a) all licenses granted hereunder will immediately terminate; (b) promptly after the effective date of termination or expiration, each party will comply with the obligations to return all Confidential Information of the other party as set forth in Section 10 (Confidentiality); and (c) any amounts owed to GovWell under this Agreement will become immediately due and payable. Sections 1 Definitions),3.2 (Restrictions), 3.3 (Ownership), 3.5 (Open Source Software), 4 (Fees and Expenses; Payments), 8 (Disclaimer), 9 (Limitation ofl Llabillty), 10 (Confidentiality), 11 (ndemnification), 12.2 (Termination for Breach), 12.3 (Effect of Termination), and 13 (Miscellaneous) will: survive expiration or termination of this Agreement for any 12.4 Data Extraction. For twenty (20) days after the end of the Term, as applicable, GovWell will make Customer Content available to Customer through the GovWell Solution on a limited basis solely for purposes of Customer retrieving Customer Content, uniess GovWell is instructed by Customer to delete such data before that period expires. Afters such period, GovWell will discontinue all use of Customer Content and destroy all copies of 13.4 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such 13.5 No Assignment. Neither party will assign, subcontract, delegate, or otherwise transfer this Agreement, or its rights and obligations herein, without obtaining the prior written consent oft the other party, and any attempted assignment, subcontract, delegation, or transfer In violation oft the foregoing will be nulla and void; provided, however, that either party may assign this Agreement In connection with a merger, acquisition, reorganization ors sale of all or substantially: all ofits assets, or other operation of law, without any consent of the other party. The terms of this Agreement will be binding upon the parties and their respective successors and 13.6 Compliance with Law. Customer will, and will ensure that all Authorized Users, always comply with all foreign and domestic laws, ordinances, regulations, and statutes that are applicable to its and their purchase and use of the Services, Licensed Material 13.7 Force Majeure. Any delay in the performance of any duties or obligations of either party (except the payment of Fees owed) will not be considered ab breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the cause of such delay and to resume performance as soon as 13.8 Independent Contractors. Customer's relationship to GovWeil is that of an independent contractor, and neither party is an agent or partner oft the other. Customer will not have, and will not represent to any third party thati it has, any authority to act onl behalf of 13.9 Notices. All notices required or permitted under this agreement must be delivered in writing, If to GovWell, by emaling Troy LeCaire, CEO trovPorelrech.om) and If to Customer by emaliling the Customer Point of Contact email address listed ont the Cover Page, provided, however, that with respect to any notices relating to breaches of this agreement or termination, a copy of such notice will also be sent in writing to the other party at the address listed on the Cover Page by courier, by certified or registered mail (postage prepaid and return receipt requested), or by a nationallyrecognited express mail service. Each party may provision on any other occasion. reason. permitted assigns. and Documentation. Customer Content: ini its possession. 13. MISCELLANEOUS. 13.1 Governing Law and Venue. This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of Delaware, without giving effect to any conflicts of laws principles that require the application of the law ofa different jurisdiction. Customer hereby expressly consents to the personal jurisdiction and venue in the state and federal courts for New Castle County, Delaware for any lawsuit filed there against Customer by GovWell arising from or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not applyt to this Agreement. 13.2 Export. Customer agrees not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from GovWell, or any products utilizing such data, in violation of the United States export 13.3 Severability. if any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions oft this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that iti is valid and enforceable tot ther maximum extent permitted! byl law. possible. GovWell. laws or regulations. change its email address and/or address for receipt of notice by giving notice ofs such change tot the other party. 13.10 Entire Agreement. This Agreement ist the final, complete and exclusive agreement of the partles with respect to thes subject matters hereof and supersedes and merges all prior discussions between thep parties with respect to such subject matters. No modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, will be effective unless in writing and signed by an authorized signatory of Customer and the GovWell. CITY OF KING CITY COUNCIL MEETING DATE: October 7,2024 PART A Subject: Attachments: Submitted By: City of King 2035 Comp Plan Contract City of King 2035 Phase 1 contract Action Requested: Have contract reviewed and signed A 1 - 10/1/2024 JopGrace, City Planner City Manager Review: Scotf Barrow, City 7B This abstract requires review by: City Attorney Finance Officer Budget Amendment Necessary? Yes NoD Budget Officer City Engineer Date Reviewed Date Reviewed Date Reviewed Date Reviewed Manager PART B Introduction & Background: Discussion & Analysis: Budgetary Impact: Recommendation: needed. The "City of King 2035" Phase 1 contract needs to be looked over and signed so Destination by Designcan begin work. The Planning Dept has $25,000 budgeted for these services. Staff recommends the City Attorney review the contract and sign the contract with any corrections City of King 08.12.2024 Planning Services Agreement Destination by Design and City of King THIS AGREEMENT entered into this day of 2024, by and between City of King, hereinafter referred to as the "Client" and Destination by Design Planning, (DbD) a professional consulting firm, hereinafter referred to as the Consultant" or "DbD." 1. SCOPE OF SERVICES Phase 1: Create "City of King 2035" Framework Plan 1.1. King 2035 Framework Plan. Using the Stokes 2035 Vision Plan as the foundation, delete all references to Stokes County, Walnut Cove, and Danbury. Revise the current document using 1.2. City Council & Support Boards/ Committees Input. Produce a draft workbook (3-ring binder) that includes the new draft 2035 King plan. Conduct two (2) meetings to introduce the revised King 2035 Framework Plan, including one meeting made up of various boards boards and committees, and one meeting with council. Additional meetings may be held, provided only two (2) total travel days are required. The purpose of said meetings will be to provide an overview of the draft plan framework and obtain feedback and ideas for future plan phases. The City will provide DbD with all existing plans or studies sO they can be referenced in the framework plan. 1.3 Draft Framework Future Plan Idea Summary. Based on information obtained from stakeholder meetings, DbD will provide a listing of summary ideas to be included in the framework plan workbook. Upon authorization from the City Council, proceed to phase II. existing content to create a rough draft of the new King 2035 plan. 2. Fees, Payment Schedule, & Timeline 2.1 Fee. All services to be provided for al lump sum fee of $25.000. The Consultant shall be paid a1 15% deposit upon contract execution and thereafter submit monthly invoices in accordance with project progress. All work will be completed within 90 days. The Consultant shall be paid within thirty (30) days of receipt of a detailed invoice. 2.2 Travel and Administrative Expenses. Included in the fee above. 2.3 Printing Expenses. Printing and binder expenses will be billed at cost. 3. Ownership of Documents 3.1 The Consultant shall be deemed the author and owner of all deliverables provided to the Client, including but not limited to plans, drawings, displays, graphic art, and other images and devices of any medium, including electronic data or files, which are developed, created, or derived pursuant to this Agreement byt the Consultant (collectively, the Deliverables"). 3.2 Subject to payment by the Client of all fees and costs owed to the Consultant, the Consultant grants ownership to the Client. The Consultant may use materials for marketing purposes. 4. Complete Agreement This Agreement represents the entire understanding between the Owner and the Consultant and supersedes all prior negotiations, representations, or agreements, whether written or oral. This Agreement only may be amended in writing signed by both the Owner and the Consultant. 5. Signatures IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. City of King Signature Title Date Destination by Design Planning Signature Title Date CITY OF KING CITY COUNCIL MEETING DATE: OCTOBER 7, 2024 PART A Subject: APPROVAL TO ENTER INTO CONTRACT FOR THE PURCHASE OF LAND FORAFUTURE SECOND FIRE STATION Action Requested: Approve contract for purchase of land for future second fire station Attachments: 1.) City of King Purchase Agreement for Fire Station Property 2.) Exhibit Bi to PSA Submitted By: dhnc Rolerom Steven. A. Roberson, Fire Chief 10/3/2024 City Manager Review: This abstract requires review by: City Attorney Finançe Officer Budget Amendment Date Reviewed Necessary? Yes NoU Budget Officer City Engineer Date Reviewed 763 Scott Barrow, City Manager Date Reviewed Date Reviewed PART B Introduction & Background: The fire department currently protects approximately 35 square miles of district including the City of King, Village of Tobaccoville, and unincorporated areas of Stokes and Forsyth County. Over the years the fire department has been actively looking for land for a second fire station. Discussion & Analysis! The square mileage of thet fire district, population density, population growth, projected future growth, and recommended standards for response time along with station distribution are alli factors that were used to determine not only the need but location. The property presented will help reduce response time to citizens along with reduce insurance premiums once at fire station is constructed and staffed. Budgetary Impact: Recommendation: $400,000.00 fund through the fire department dedicated fund balance. Approve contract for purchase of landi fort future second fire station NC REALTORSO Commercial Forms AGREEMENT PURCHASE FORI RR REALTOR ANDSALEOFLAND THIS AGREEMENT, including any and all addenda attached hereto ("Agreement"), is by and between The Cityof King, North Carolina (individual or State oft formation and type of entity) (individual or State of formation and type of entity) a(n) North Carolina Municipality a(n). residents of] North Carolina ("Buyer"), and ("Seller"). Galen Mark Shelton and Kristy T. Shelton, and Lisa Shelton Craver and Dean H. Craver, as tenants in common (NOTE: Ift the Buyer or Seller is an entity, in order to form a binding agreement and complete a transaction, the entities listed as Buyer or Seller in this Agreement should be validly formed and in good standing with the Secretary of State in the State of FOR AND IN CONSIDERATION OF THEI MUTUAL: PROMISES SETI FORTH! HEREIN, AND OTHER GOOD. AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES Section 1. Terms and Definitions: The terms listed below shall have the respective meaning given them as set forth adjacent to each formation of the entity.) HERETO AGREE. AS FOLLOWS: term. (a) Property": (Address)_ OD Doral Drive and 0 Spainhour Mill Road, Village ofTobaccoville. NC Forsyth County Tax PINS 5991-53-7755 and 5991-53-6535 Plat Reference: Lot(s) Block or Section as shown on Plat Book or Slide at Page(s). County, consisting of_ acres. Ift this box is checked, "Property" shall mean that property described on Exhibit A attached hereto and incorporated (Fori information purposes: (i) the tax parcel number oft thel Property is: 5991-53-7755 and 5991-53-6535 (ii) some or all of thel Property, consisting of approximately 1.03 acres, is described in Deed Book 1042, Page No.733, and 1.48 acres described inl Deed Book 2147, Page No.3092, and) Deed! Book 1042, Page No.768, and Deed Book 2147, Page herewith by reference, and, No.3092 Forsyth County Register of deeds.) together with alll buildings andi improvements thereon and all fixtures and appurtenances thereto. $ 400,000.00 (b) "Purchase Price" shall mean the sum of $400.000.00 Dollars, per gross acre or, ifthis box is checked D, Purchase Price shall mean the sum of$ ("Price Per Acre") as determined by a survey obtained by Buyer prior to the expiration of thel Examination Period ("Survey"). Buyer shall provide a copy of the Survey to Seller not later than the expiration of the Examination Period. Thej purchase price shalll be determined/ by multiplying thel Pricel Per Acrel byt the number ofgross acres as determined by the Survey. Adjustments tot the amounts due under Sections 1b)Gi)-1(b)(n) shalll ber made, as applicable, toI reflect any adjustment in thel Purchase Price in accordance with this provision. Thel Purchase Price shall bej payable on the following terms: ()"Earnest Money" shall mean ort terms as follows: Dollars This form jointly approved by: North Carolina Bar Association's) Real Property Section North Carolina Association of REALTORS", Inc. RR REALTOR Page 1 of9 Buyers Initials Sellers Initials Thel Earnest] Money shall be deposited in escrow with (name of! person/entity with whom deposited- Escrow. Agent") within five (5) calendar days of the Contract Date, to be applied as part payment oft thel Purchase Price ofthel Property at Closing, or disbursed as agreed upon under the provisions of Section 101 herein. Should Buyer fail to deliver thel Earnest Money by the date required hereunder, or should any check or other funds paid! by) Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one (1) banking day after written notice of such dishonor to deliver cash, official bank check, wire transfer or electronic transfer tot the Escrow Agent. If Buyer fails to deliver thei required funds within one (1) banking day after written notice, then Seller may terminate this Agreement by written: notice tol Buyer at any time thereafter, provided Seller has not then received acknowledgement by Escrow Agent ofi its receipt off funds from Buyer. Ifthe Escrow Agent has not delivered to the Seller the acknowledgement of] Earnest Money on the last page oft this Agreement by the calendar day following the date thel Earnest Money is required tol be delivered hereunder, it shall be presumed that the Earnest) Money wasi not delivered by thet required time (unless, upon the written request of Seller, Escrow. Agent canj provide proof ofi its receipt oft thel Earnest Money by the required time). Buyer and Seller consent to the disclosure byt thel Escrow Agent, to the parties to this. Agreement, the Broker(s) and any DA ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE PLACED IN AN INTEREST BLARING TRUST ACCOUNT, AND: (check only ONE box) D ANY INTEREST: EARNED THEREON SHALL: BE APPLIED ASI PARTPAYMENT OF THE PURCHASE PRICE OF' THE PROPERTY AT CLOSING, ORI DISBURSED AS AGREED UPON UNDER THE PROVISIONS OF SECTION 10 HEREIN. (Buyer'sTaxpayer Identification Number ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN CONSIDERATION OFTHE: EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND (ii) Delivery of a promissory note secured by a deed of trust, said promissory note in the amount of installments of principal, together with accrued interest on the outstanding principal balance at the rate with the first principal payment beginning on thei first day of thei month next succeeding the date ofClosing, or such other terms as may be set forth onl Exhibit B. At any time, the promissory: note may be prepaidi in whole ori inj part without penalty and without further interest on the amounts prepaid from the date ofs such prepayment. (NOTE: In the event of Buyer's subsequent default upon a promissory note and deed of trust given hereunder, Seller's remedies may be limited to foreclosure of thel Property. Ift the deed of trust given] hereunderi is subordinated to senior financing, the material terms ofs such financing must be set forth on Exhibit B. Ifsuch senior financingi iss subsequently foreclosed, the Seller may have Buyer lender, ofany material facts pertaining tot thel Earnest Money, is: RECORDS ASSOCIATED THEREWITH. $ Dollars being payable over a term of_ years, with an amortization period of years, payable in monthly of percent C %) per annum in the amount ofs no remedy to recover under the note.) $ 400,000.00 (ii) Cash, balance of] Purchase Price, at Closing in the amount of_ $400.000.00 Dollars. Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of any loan Buyer intends to obtain in connection with the transaction contemplated by this Agreement. (Note: Buyer's obligations under this Agreement are not conditioned upon obtaining or closing any loan.' Therefore, Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the) Examination Period allows sufficient time for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction.) (c) "Closing" shall mean the date of completion of the process detailed in Section 11 of this Agreement. Closing shall occur on orbefore, January 6,2025. (d) "Contract Date" means the date this Agreement has been: fully executed by! both Buyer and Seller. Page2of9 Buyers Initials Sellers Initials (e) "Examination Period" shall mean the period beginning on the first day after the Contract Date and extending through 5:00pm (based upon time at the locale oft thel Property) on December 6,2024. TIME IS OF THE ESSENCE. ASTO: THEL EXMIMATIONPERION, (f). "Broker(s)" shall mean: NONE ("Listing Agency"), ("Listing. Agent" -I License # Acting as: D Seller's Agent; D Dual Agent and NONE ("Selling Agency"), ("Selling Agent"-) License # Acting as: D Buyer's Agent; S Seller's (Sub)Agent; Dual Agent (g) "Seller's Notice Address" shall be as follows: Galen Mark Shelton, POI Box 431, Germanton NC27109 e-mail address: fax number:_ except as same may be changed pursuant to Section 12. Buyer'sNotice Address" shalll be as follows: (h) The City of King clo Bell, Davis &1 Pitt, P.A., POI Box 21029, Winston-Salem, NC27120 e-mail address: wpitl@beldvispit.com and bfisengheldnvispitcom. fax number: except as same may be changed pursuant to Section 12. draft conditions or contingencies to this Agreement.) 581-T) attached! hereto and incorporated herein by reference. (Form 581A-T) attached hereto and incorporated herein by reference. M (i) If this block is marked, additional terms of this Agreement are set forth on Exhibit B attached hereto and incorporated herein by reference. (Note: Under North Carolina law, real estate agents are not permitted to D () Ifthis block is marked, additional terms oft this Agreement are set forth on the Additional Provisions Addendum (Form D (k) If this block is marked, additional terms of this Agreement are set forth on the Back Up Agreement Addendum Section 2. Sale of Property and Payment tof Purchase Price: Seller agrees to sell: and Buyer agrees tol buy the Property for thel Purchase Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes (on a calendar year basis), leases, rents, mortgage payments and utilities or any other assumed liabilities as detailed on attached Exhibit B, and/or Exhibit C, as applicable, ifany, shall bej prorated as oft thec date ofClosing. Sellers shall pay for preparation ofa deed and all other documents necessary top perform Seller's obligations under this Agreement, excise tax (revenue stamps), and other conveyance fees or taxes required by law, any fees required for confirming Seller's account payment information on owners' association dues or assessments for payment or proration; any feesi imposed by an owners' association and/or ai management company as agent ofthe owners' association in connection with thet transaction contemplated by this Agreement other than those fees required to bej paid byl Buyer in this Section 31 below, and the Price. following: Buyer shall pay recording costs, costs of anyt titles search, title insurance, survey, the cost ofa any inspections ori investigations undertaken by Buyer under this Agreement, charges required by an owners' association declaration to be paid by Buyer for Buyer's future use and Page3of9 Buyers Initials Sellers Initials enjoyment oft thel Property, including, without limitation, working capital contributions, membership fees, or charges forl Buyer's use of the common elements and/or services provided tol Buyer, any costs or charges for determining restrictive covenant compliance, and the following: Each party shall pay its own attorney's fees. Defered/Rollback Taxes: Buyer D intends to continue D does noti intend to continue the existing present use valuation property tax deferral(s) relating to the Property. In the event thel Buyer intends to continue the existing present use valuation property tax deferral(s) relating to thel Property, Buyer shall be responsible for making all necessary applications for continuation of the existing present use valuation property tax deferral(s) relating to the Property ands shalll be responsible for payment ofa any deferredrollback taxes applicable IfBuyer does noti intend to continue the existing present use valuation property tax deferral(s): relating to thel Property, D Seller Section 4.1 Deliveries: Seller agrees to use best efforts to deliver tol Buyer, as soon ast reasonably: possible after the Contract Date, copies ofall material information: relevant tot thel Property in thep possession of Seller, including buti not limited to: information regarding matters detailed on Form 502-Land] Information Worksheet, title insurance policies (and copies ofa any documents referenced therein), surveys, soil test reports, environmental surveys or reports, site plans, civil drawings, building plans, maintenance records and copies ofall presently effective warranties or service contracts related to the Property. Seller authorizes (1) any attorney presently or previously representing Seller toi release and disclose any title insurance policy in such attorney's file tol Buyer and both Buyer's and Seller's agents and attorneys; and (2) thel Property's title insurer or its agent to release and disclose all materials in thel Property's titlei insurer's (or title insurer's agent's) file tol Buyer and both Buyer's and Seller's agents and attorneys. If] Buyer does not consummate the Closing for any reason other than Seller default, then Buyer shall return to Seller all hard copy materials delivered by Seller tol Buyer pursuant to this Section 4 (or Section 7, ifapplicable), if any, and shall, upon Seller's request, following release oft the Earnest Money, provide to Seller copies of (subject to the ownership and copyright interests of the preparer thereof) any and all studies, reports, surveys and other information relating directly to the Property prepared by or at thei request of] Buyer, its employees and agents, without any warranty or representation! byl Buyer: as tot the contents, accuracy or correctness thereof. Notwithstanding the above provisions regarding delivery and return ofi information and documentation, should there exist a separate non-disclosure, confidentiality, or similar agreement between Buyer and Seller, the terms ofwhich conflict with this provision insofar as delivery andi return ofinformation and documentation, then the terms of such non-disclosure, confidentiality, or similar agreement shall control as to the delivery and return of information and Section 5. Evidence ofTitle: Seller agrees to convey: fee simple insurable title to the Property without exception for mechanics' liens, free and clear of all liens, encumbrances and defects of title other than: (a) zoning ordinances affecting the Property, (b) Leases (as definedi in Section' 7, ifapplicable): and (c) specifici instruments on1 the public record at the Contract] Date agreed tol byl Buyer( (not objected tol by Buyer prior tot the end oft thel Examination: Period), which specific instruments shall be enumeratedi int thec deedt referencedi in Section 11 (items 5(a), 5(b) and: 5(c) being collectively Permitted Exceptions"); provided that Seller shall be required to satisfy, at or prior to Closing, any encumbrances that may bes satisfied by thej payment ofai fixed sum ofmoney, such as deeds oftrust, mortgages or statutory liens. Seller shall not enter into or record any instrument that affects the Property after the Contract Date without the prior written Section 6. Conditions: This Agreement and thei rights and obligations of the parties under this. Agreement are hereby made expressly (a) Title Examination: After the Contract. Date, Buyer shall, atl Buyer's expense, cause at title examination to be made of the Property beforet the end of thel Examination Period. In the event thats sucht title examination shalls show that Seller's titlei ist not fees simple insurable, subject only tol Permitted] Exceptions, then) Buyer shall promptly notify Selleri in writing ofalls sucht title defects and exceptions, in no case later than the end of the Examination Period, and Seller shall have thirty (30) days to cure said noticed defects. IfSeller does not curet the defects or objections within thirty (30) days oft notice thereof, then] Buyer mayt terminate this Agreement andi receive ai return of Earnest Money (notwithstanding that thel Examination Period may have expired). IfBuyer is toj purchase titlei insurance, the insuring company must bel licensed to dol business in the state in which thel Property is located. Titlet to the Property must be insurable ati regular to thel Property. D Buyer shall ber responsible for payment ofany deferredrollback taxes applicable to the Property. documentation. consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed. conditioned upon fulfillment (or waiver by Buyer, whether explicit or implied) oft the following conditions: rates, subject only to standard exceptions andl Permitted Exceptions. (b) Same Condition: Ifthel Property isi not ins substantially thes same condition at Closing as oft the date oft the offer, reasonable wear and tear excepted, then thel Buyer may (i) terminate this Agreement and receive ai return of thel Earnest Money or (ii) proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds payable on Page 4of9 Buyers Initiais Sellers Initials account oft the damage or destruction applicable to the Property, (c) Inspections: Buyer, its agents or representatives, atl Buyer'sexpense: and ati reasonable times during normal business hours, shall have the right to enter upon the Property for the purpose of investigating matters such as those detailed on Form 502- Land Information Worksheet, conducting timber cruises, and examining and surveying thel Property; provided, however, that Buyer shall not conduct anyi invasive testing of any nature without thet prior express written approval of Seller as to each specific invasive test intended tol be conducted by Buyer. Buyer shall conduct all such on-site inspections, examinations, testing, timber cruises and surveying of the Property in a good and workmanlike: manner, at] Buyer's expense, shall repair any damage to thel Property caused by Buyer's entry and on-site inspections and shall conduct same in a manner that does not unreasonably interfere with Seller's or any tenant's use and enjoyment of the Property. In that respect, Buyer shall make reasonable efforts to undertake on-site inspections outside of the hours Seller's or any tenant's business is open tot the public. Buyer shallj provide Seller or anyt tenant (as applicable) reasonable advance notice ofand] Buyer shall causei its agents or representatives andt third party service providers (e.g. inspectors, surveyors, etc.) to giver reasonable advance notice of any entry onto the Property. Buyer shall be obligated to observe and comply with any terms of any tenant lease which conditions access to such tenant's space at thel Property. Upon Seller's request, Buyer shall provide to Seller evidence of general liability insurance. Buyer shall also have a right to review and inspect all contracts or other agreements affecting ori related directly to thel Property and shall be entitled to review such books andi records of Seller that relate directly to the operation and maintenance of the Property, provided, however, that Buyer shall noto disclose anyi information: regarding this Property (or any tenant therein) unless required by law, andt the same shalll bei regarded as confidential, to any person, except toi its attorneys, accountants, lenders and other professional advisors, in which case Buyers shall obtain their agreement to1 maintain such confidentiality. Buyer assumes all responsibility for the acts ofi itselfa and its agents or representatives in exercising its rights under this Section 6(c) and agrees toi indemnify and1 hold Seller harmless from any damages resulting therefrom. This indemnification obligation of] Buyer shall survive the Closing or earlier termination ofthis Agreement. Except as provided in Section 6(a) above, Buyer shall have from the Contract Date through the end of the Examination Periodtoperform thes abovei inspections, examinations andt testing. IFBUYERCHOOSESNOTTOFURCHASETHE: PROPERTY, FOR. ANY REASON OR NO REASON, AND PROVIDES WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE EXPIRATION OF THE EXAMINATION PERIOD, TBEN THIS AGREEMENT SHALL TERMINATE, AND BUYER SHALL RECEIVE. Al RETURN OFTHE EARNEST MONEY. Section' 7. Leases (Check one of thei following, as applicable): M Ifthis boxi is checked, Sellera afhrmativelyrepresents and warrants thatt there arei nol Leases (asl hereinafter defined) affecting Ifthis box is checked, Seller discloses that there are one or morel leases affecting the Property ("Leases"), and thei following (a) A list of all Leases shall be set forth on Exhibit C. Seller represents and warrants that, as of the Contract Date, there are no other Leases, oral or written, recorded or not, nor any subleases affecting the Property, except as set forth on Exhibit C. Unless written consent is given by Buyer, Seller will not enter in to any Lease affecting the Property nor terminate any Lease in Exhibit C during the effectiveness oft this Agreement. Buyer agrees to take no action which would affect any lease in Exhibit Cp prior to Closing; (b) Seller shall deliver copies of any) Leases tol Buyer pursuant to Section 3 as ift thel Leases were. listed therein; (c) Seller represents and warrants that, as of the Contract Date, there are no current defaults (or any existing situation which, with the passage oft time, ort the giving of notice, orb both, or at the election of either landlord or tenant could constitute a default) either by Seller, as landlord, or by any tenant under any Lease ("Lease Default"). In the event there is any Lease Default as of the Contract Date, Seller agrees toj provide! Buyer with a detailed description ofthe situation in accordance with Section: 3. Seller agrees nott to commit al Leasel Default as Landlord after the Contract Date; and agrees further to notify) Buyer immediately ini the eventa al Lease Default arises (d) During the Examination Period, Buyer and Seller shall cooperate in good faith to determine if any Lease shall be terminated prior to Closing or shall continue after Closing. As to any Lease determined to continue after Closing, Seller shall deliver an assignment of Seller's interest in such Lease to Buyer in form and content acceptable to Buyer (with tenant's written consent and acknowledgement, ifrequired under thel Lease). Seller agrees to deliver such assignment ofLease at orbefore Closing, with any security deposits held by Seller under any Leases tol be transferred or credited tol Buyer at or before Closing. The assignment shall provide: () that Seller shall defend, indemnify and hold Buyer harmless from claims, losses, damages and liabilities (including, without limitation, court costs and attorneys' fees) asserted against or incurred by Buyer which are caused by or the result of any default by Seller under anyl Lease prior to the date ofClosing, and (ii) that Buyer shall defend, indemnify and hold Seller harmless from claims, losses, damages and liabilities (including, without limitation, court costs and attorneys' fees) asserted against ori incurred by Seller which are caused by thel Property. provisions are hereby: made ap part oft this Agreement. or is claimed, asserted or threatened to be asserted by either Seller or a tenant under thel Lease. Page 5of9 Buyers Initials_ Sellers Initials or thei result of any default by Buyer under any Lease after the date ofClosing. (e) Seller also agrees to work diligently to obtain any tenant signatures on any estoppel certificates in such form asl Buyer may reasonably request and tov work diligently to obtain any subordination, nondisturbance and attornment agreements ins such form asl Buyer Section 8.1 Envirommenta/Physicea Aspects of] Property: Seller represents and warrants thati it has no actuall knowledge oft thet presence or disposal, except asi in accordance with applicable law, within any structures on the Property or on the Property ofl hazardous or toxic waste or substances, which are defined as those substances, materials, and wastes, including, but not limited to: those substances, materials and wastes listed in the United States Department ofTransportation Hazardous Materials Table (49 CFR Part 172.101) orby the Environmental Protection Agency as hazardous substances (40 CFR Part 302.4) and amendments thereto, or such substances, materials and wastes, which are or become regulated under any applicable local, state or federal law, including, without limitation, any material, waste or substance which is () petroleum, (i) asbestos, (iii) polychlorinated biphenyls, (iv) designated as a Hazardous Substance pursuant to Section 311 of the Clean Water Act of 1977 (33 U.S,C. $1321) or listed pursuant to Section 307 of the Clean Water Act of1977 (33 U.S.C. $1317), (v) defined as al hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of 1976 (42 U.S,C. $6903) or (vi) defined as a hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. $9601). Seller has no actual knowledge of any contamination of the Property from such substances as mayl havel been disposed of or stored on neighboring tracts. Section 9.1 Risk oflos/DamageRepair: Until Closing, the risk ofloss or damage tot thel Property, except as otherwise provided! herein, shall bel borne by Seller. Except as to maintaining thel Property in its same condition, Seller shall have no responsibility for the repair of Section 10. Earnest Money Disbursement: In the event that any condition hereto is not satisfied, then the Earnest Money shall be refunded to Buyer. In the event of breach of this Agreement by Seller, the Earnest Money shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available tol Buyer fors such breach. In the event ofbreach oft this Agreement by Buyer, thel Earnest Money shall be paid to Seller as liquidated damages and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Section 6(c) or Section 22 of this Agreement. Iti is acknowledged by the parties that payment ofthe Earnest Money to Seller in thes event ofab breach ofthis Agreement byl Buyeri is compensatory and not! punitive, such amount being at reasonable estimation of the actual loss that Seller wouldi incur as ai result ofs suchl breach. Thej payment oft thel Earnest Money to Seller shall not constitute ap penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties acknowledging the difficulty NOTE: In the event ofa dispute between Seller and Buyer over the disposition of thel Earnest Money held in escrow, a licensed real estate broker is required by state law (and Escrow Agent, if not al broker, hereby agrees) to retain thel Earnest Money in the Escrow Agent'st trust or escrow account untill Escrow Agent has obtained: a written release from the parties consenting toi its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, ifa broker or an attorney licensed toj practice law in North Carolina is holding the Earnest Money, the broker or attorney may deposit the disputed monies with the appropriate clerk of court in Sellera and) Buyer hereby agree and acknowledgei thatt the Escrow. Agent assumes nol liability in connection with thel holding oft thel Earnest Money pursuant hereto except for negligence or willful misconduct of) Escrow. Agent. Escrow Agent shall not bei responsible for the validity, correctness or genuineness of any document or notice referred to under this Agreement. Seller and Buyer hereby agree to indemnify, protect, save and hold harmless Escrow. Agent andi its successors, assigns and agents pursuant to this Agreement, from any and all liabilities, obligations, losses, damages, claims, actions, suits, costs or expenses (including attorney fees) of whatsoever kind or nature imposed on, incurred by or asserted against Escrow Agent which in any way relate to or arise out of the execution and delivery ofthis Agreement and any action taken hereunder; provided, however, that Seller and) Buyer shalll have no such obligation toi indemnify, save and hold harmless Escrow Agent for any liability incurred by, imposed upon or established: againsti ita as aresult ofE Escrow. Agent's Section 11. Closing: At or before Closing, Seller shall deliver tol Buyer a special warranty deed unless otherwise specified on Exhibit B and other documents customarily executed or delivered by as seller in similar transactions, including without limitation, an owner's affidavit, lien waiver forms (and such other lien related documentation as shall permit thel Property to be conveyed free and clear of any claim fori mechanics' liens) and at non-foreign status affidavit (pursuant to thel Foreign Investment: in Reall Property Tax Act), and Buyer shall cause tol be delivered the funds necessary toj pay to Seller the Purchase Price. The Closing shall be conducted by) Buyer's attorney or handled in such other manner as the parties hereto may mutually agree in writing. Possession shall be delivered at Closing, unless otherwise agreed herein. Thel Purchase Price and other funds to be disbursed pursuant to this Agreement shall not be disbursed until the Buyer'sat attorney's (or other designated: settlement agent's): receipt of authorization to disburse all necessary funds. may reasonably: request. thel Property, including any improvements, unless the parties hereto agree in writing. determining Seller'sa actual damages for such breach. accordance with the provisions ofN.C.G.S. $93A-1 12. negligence or willful misconduct. Page 6of9 Buyers Initials Sellers Initials Section 12. Notices: Unless otherwise provided herein, all notices and other communications which mayl be or are required tol be given or made by any party to the other in connection herewith shall bei in writing (which shalli include electronic: mail) and shall be deemed to have been properly given and received () on the date delivered in person or (ii) the date deposited in the United States mail, registered or certified, return receipt requested, to the addresses set outi in Section 1(g) as to Seller, andi in Section 1(h) as to Buyer, or ats such other addresses ass specified by written notice delivered in accordance herewith, (ir) at such time as the sender performs the: final act tos send such transmission, in ai form capable oft being processed by the receiving party's system, to any electronic mail address or facsimile number, if any, provided in Section 1(g) as to Seller, and in Section 1(h) as to Buyer or (iv) on the date deposited with a recognized overnight deliverys service, addressed tot the addresses set out in Section 1(g) as to Seller, andi in Section 1(h) as tol Buyer, or at such other addresses as specified by written notice delivered in accordance herewith. Ifat notice is sent by more than one method, it Section 13. Counterparts; Entire Agreement: This Agreement may be executed in one or more counterparts, which taken together, shall constitute one and the same original document. Copies of original signature pages of this Agreement may be exchanged via facsimile or e-mail, and anys such copies shall constitute originals. This Agreement constitutes the sole ande entire agreement among the parties hereto and no modification of this Agreement shalll be binding unless in writing and signed by all parties hereto. The invalidity of one or more provisions oft this Agreement shall not affect the validity of any other provisions hereof and this Agreement shall be Section 14. Enforceability: This Agreement shall become a contract when signed by both Buyer and Seller and such signing is communicated to both parties; it being expressly agreed that notice given in accordance with Section 12 is not required for effective communication for thej purposes of this Section 14. The parties acknowledge and agree that: (i) thei initials lines at the bottom of each page oft this Agreement are merely evidence of their having reviewed the terms of each page, and (ii) the complete execution of such initials lines shall not be a condition of the effectiveness of this Agreement. This Agreement shall be binding upon and inure to the will be deemed received upon the earlier of the dates ofreceipt pursuant to this Section. construed and enforced asi ifs such invalid provisions were not: included. benefit of the! parties, their heirs, successors and assigns and their personal representatives. Section 15. Adverse. Information and Compliance with] Laws: (a) Seller KiomleigeAssesments Seller has no actual knowledge of (i) condemnation(s) affecting or contemplated with respect to thel Property; (i) actions, suits or proceedings pending or threatened against the Property; (ii) changes contemplated in any applicable laws, ordinances or restrictions affecting the Property; (iv) governmental special assessments, either pending or confirmed, fors sidewalk, paving, water, sewer, or otheri improvements ond or adjoining thel Property, andr no pending or confirmed owners' association special assessments or (v) any caves, mineshafts, tunnels, fissures, open or abandoned wells, gravesites, pet cemeteries, animal burial pits orl landfill operations (past or present) located at the Property, except as follows (Insert "None" or the identification of any matters Note: For purposes of this Agreement: ()a "special assessment" is defined as a charge against the Property by ag governmental authority in addition tos ad valoremi taxes and recurring governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues), either of which may be al lien against the Property; a special assessment may be either pending or confirmed; (ii) .a "confirmed" special assessment is defined as an assessment that has been approved by a governmental agency or an owners' association for the purpose(s) stated, whether, at the time of Closing, iti is payable in al lump sum or future installments; (ii)a a "pending" special assessment is defined as an assessment that is under formal consideration by a governmental agency or an owners' association but which has not been approved prior to Closing. Seller shall pay, in full at Closing, all confirmed governmental or association special assessments, provided that the amount thereof can be reasonably determined or estimated. The payment of such determined or estimated amount shall be the final payment between Buyer and Seller as to any confirmed special assessments. Ift the amount of any special assessment cannot be reasonably determined or estimated, the special assessment shall be deemed a pending special assessment. Buyer shall take title subject to all pending special assessments disclosed by Seller herein, if any. (b) Compliance: To Seller's actual knowledge, () Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to or affecting thel Property; (it) performance of the Agreement will not resulti in the! breach of, constitute any default under or result in thei imposition of any lien or encumbrance upon the Property under any agreement or other instrument to which Seller is aj party or by which Seller or thel Property isl bound; and (iri) there arei no legal actions, suits or other legal or administrative proceedings pending or threatened against the Property, and Selleri is not aware ofany facts which mightr resulti in any relating to (i) through (v) above, ifany): such action, suit or other proceeding. (c) Owners' Association: Ift thel Property is subject toi regulation by an owners' association, Seller shall deliver thei following information to Buyer pursuant to Section 4 as ifthe same were listed therein (or Seller shall state that Seller does not haves samei ini their possession or that such item is not applicable): (i) the name of the owners' association; (it) the amount of regular assessments (dues); Page7of9 Buyers Initials Sellers Initials (iii) the name, address and telephone number of the president of the owners' association or of the association manager or management company; (iv) the owners' association website address; (v) the Seller's statement of account; (vi) the master insurance policy showing the coverage provided and the deductible amount; (vi) copies of any Declaration and/or Restrictive Covenants; (vii) the Rules and Regulations, (ix) the Articles of] Incorporation and Bylaws oft the owners' association; (x) the current financial statement and budget of the owners' association; (xi) thej parkingrestrictions. andi information; and (xi) thes architectural guidelines. Seller authorizes and directs any owners' association, anyr management company oft the owners' association, any insurance company and any attorney who has previously represented the Seller to release to Buyer, Buyer's agents, representative, closing attorney or lender true and accurate copies oft the foregoing items affecting thel Property, including any amendments thereto. Section 16. Survival of Representations and Warranties: All representations, warranties, covenants and agreements made by the parties hereto shall survive the Closing and delivery of the deed. Seller shall, at or within six (6) months after the Closing, and without further consideration, execute, acknowledge and deliver to Buyer such other documents andi instruments, and take such other action as Buyer may reasonably request or as may bei necessary to more effectively transfer tol Buyer thel Property described1 herein in accordance Section 17. Applicable Law: This Agreement shalll be construed under thel laws oft thes statei in which the Property is located. This form with this Agreement. has only been approved for use in North Carolina. Section 18. Assignment: This Agreement: is freely assignable unless otherwise expressly provided on Exhibit B. Section 19. Tax-Deferred Exchange: In the event Buyer or Seller desires to effect a tax-deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shalll bei responsible for all additional costs associated with such exchange, and provided further, that ai non-exchanging party shall not assume any additional liability with respect tos such tax-deferred exchange. Seller and] Buyer shall execute such additional documents, Section 20. Memorandum of Contract: Upon request by either party, the parties hereto shall execute a memorandum of contract in recordable form setting forth such provisions hereof (other than thel Purchase Price and other sums due) as either party may wish to incorporate. Such memorandum of contract shall contain a statement thati it automatically terminates and thel Property is released from any effect thereby as ofas specific date to be stated in thei memorandum (which specific date shall be no later than the date of Closing). Section 21. Authority: Each signatory tot this Agreement represents and warrants that he ors shel hasi full authority to signt this Agreement and suchi instruments as may bei necessary to effectuate any transaction contemplated by this Agreement on behalfoft the party for whom Section 22. Brokers: Except as expressly providedl herein, Buyer and Seller agree to indemnify and hold each other harmless from any and all claims ofbrokers, consultants or real estate agents by, through or under thei indemnifying party for fees or commissions arising out oft thes sale oft thel Property tol Buyer. Buyer and Seller represent and warrant to each other that: (i) except as to thel Brokers designated under Section 1(f) of this Agreement, they havei not employed nor engaged any brokers, consultants or real estate agents to be: involved in this transaction and (ii) that the compensation of thel Brokers is established by and shall be governed by separate agreements entered Section 23. Attorneys Fees: If legal proceedings are instituted to enforce any provision of this Agreement, the prevailing party in the proceeding shall be entitled to recover from the non-prevailing party reasonable attorneys fees and court costs incurred in connection at no cost to the: non-exchanging party, as shall be required to give effect tot this provision. The cost ofrecording suchi memorandum of contract shall be borne byt thej party requesting execution of same. he or she signs and that his or hers signaturel binds such party. into as amongst thel Brokers, the) Buyer and/or the Seller. with thej proceeding. Page 8 of9 Buyers Initials Sellers Initiais THEI NORTH CAROLINA. ASSOCIATIONOF! REALTORSO, INC. ANDTHE: NORTH CAROLINA BAR. ASSOCIATIONMAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE YOUR LEGAL: NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE. ATTORNEY BEFORE YOU SIGN FOR SPECIFIC IT. BUYER: By:. Date: IN ANY THECITY OFKING SELLER: By: By:. Date: SELLER: By: By: Date: GALENI MARK: SHELTON and KRISTYT.SHELTON, Individuals LISA SHELTON CRAVER and DEAN: H. CRAVER, Individuals WIRE FRAUD WARNING Tol Buyers: Before sending any wire, you should call the closing agent's office to verify the instructions. If you receive To Sellers: Ifyour proceeds willl be wired, iti is recommended that you provide wiring instructions at closing in writing in the of the closing agent. If you are unable to attend closing, you may be required to send an original notarized directive to the presence agent's office containing the wiringi instructions. This directive may be sent with the deed, lien waiver and tax forms ift those documents closing arel being prepared for you! byt thec closing agent. Ataminimum, yous should callt thec closing agent'so officet to provide thev wirei instructions. The wire instructions should be verified over the telephone via a call tos youi initiated by the closing agent's office to ensure thatt Whether you are al buyer or a seller, you should call the closing agent's office at a number that is independently obtained. To ensure that your contact is legitimate, yous should noti rely on aj phone number in an email from the closing agent's office, your real estate The undersigned hereby acknowledges receipt of thel Earnest Money set forth herein and agrees tol hold said Earnest instructions a for different bank, branch location, account: name or account number, they should be presumed fraudulent. Doi nots wiring send any funds and contact the closing agent's officei immediately. noti from ai fraudulent source. they are agent in Money or anyone else. accordance with the terms hereof. (Name of] Escrow. Agent) Date: By: Escrow Agent'so contact/notice: information is as follows: e-mail address: fax number: except as same: may be changed pursuant to Section 12, Page 9of9 Buyers Initials Sellers Initials EXHBIT. B TO AGREEMENTI FORI PURCHASE. AND SALEOFI LAND: BETWEEN The City ofK King, North Carolina ("Buyer") AND common (collectively, "Seller") Galen Mark Shelton and Kristy T.: Shelton, and Lisa Shelton Craver and Dean H. Craver, as tenants in Notwithstanding anything to the contrary in thel Purchase Agreement, the terms and conditions of this Exhibit B shall control over any contrary terms or conditions in the Purchase Agreement. Buyer and 1. For the purposes hereof, the. Agreement for Purchase and Sale of Land to which this Exhibit B is attached shall bei referred to as the "Purchase. Agreement." This Exhibit B shall bei referred to as Exhibit B or this Exhibit. The Purchase Agreement and all exhibits thereto including this Exhibit B shall be referred to as the "Agreement." Each ofSeller and Buyerr represent to the other that the Purchase Agreement is the copyrighted NC Bar. form and has not been modified except for the completion of blanks and any 2. Section 5, Evidence of Title, of the Purchase Agreement is hereby amended and restated in its Seller agrees to convey the Property to. Buyer by special warranty deed subject only to the Permitted Exceptions (as defined below in Section 6(a) of the Purchase Agreement (as modified hereby)). Seller shall not create or allow to be created any new exceptions or encumbrances tot thet title or survey ofthel Property after the date ofthis Agreement without the approval of Buyer ("New Title Exceptions"). Ini the event any New' Titlel Exception is created and is not cured prior to Closing, then that shall be an event of default under the Purchase Agreement and Buyer may terminate the Purchase Agreement and be entitled to pursue any and all remedies set forth herein or otherwise available at law. 3. Section 6(a), Title Examination, oft the Purchase. Agreement is hereby amended and restated ini its () After the date of execution and delivery of this Agreement by Buyer and Seller, Buyer may, at Buyer's expense, cause a title examination to bei made oft the Property and (ii) In any event, Seller shall be obligated to obtain the release and termination, at or prior to Closing, of the following with respect to the Property to the extent that such constitutes al lien or encumbrance oni thel Property: (A)all ad valorem taxes ont thel Property which are either past due or currently due and owing, (B) all government assessments currently due and owing, (C) state and federal income tax liens for taxes owed by Seller, (D) all judgments against Seller, (E) all obligations secured by any mortgages, deeds of trust, all financing statements, and security instruments granted by Seller, (F) all contractor's and materialman's) liens, (G)alll lispendens filed against Sellerort thel Property, attachments filed against Seller or similar defects oft title filed against Seller, and (H) all New Title Exceptions (collectively, items (A) through (H) are referred to as the' "Required (ii) In addition to Buyer's right to have Seller cure the Required Cure Items above, Buyer shall further be entitled to provide written notice to Seller of any title objections, desired tol bei madel by Buyer, prior to the expiration of the Examination Period (as may be extended). Seller shall have ten (10) days after such notice of objections to title is given Seller hereby agree as follows: strikethrough of provisions with readily apparent "x's"or lines. entirety with the following: entirety with thei following: obtain at title commitment. Cure Items"). 1 by Buyer to provide notice to Buyer in writing of whether Seller intends to cure such title objections. Seller shalll have until the date expressly stated for Closing in this Agreement (the' "Cure Period") to cure the defects oftitle to the reasonable satisfaction ofl Buyer that Seller has elected to cure and to cure any Required Cure Items. IfSeller has not received any such notice oft title objections from Buyer prior to the end of the Examination Period, Buyer shall be deemed satisfied with the title to the Property and shall accept title subject tos alli matters oftitled other than thel Required Cure) Items. IfSeller failst to1 respond in writing to Buyer's notice of objections to title or notifies Buyer of Seller's intention not to cure such defects, Buyer may, on or before ten (10) days after such failure toj provide notice or notice of Seller'si intention: not to cure, as Buyer's sole remedy, terminate this Agreement or proceed to Closing and take title tot thel Property subject to such uncured defects with no reduction in the Purchase Price, except to the extent of Seller's liability for curing the Required Cure Items. If Seller fails to cure within the Cure Period any and all defects or objections to title that Seller has agreed to cure (as provided herein) to the reasonable satisfaction of Buyer then that shall constitute an event of default under the Agreement, subject to the remedies seti forthl herein or otherwise available at law. For the avoidance of doubt, Seller's failure to cure a Required Curel Item shall be an event of default under the Agreement, subject tot the remedies set forthl herein or otherwise available at law. Any title or survey exceptions with respect to thel Property that Buyer has not objected to in writing as set forth above (other than the Required Cure Items) or any title or survey objections that Buyer has waived in writing shall be deemed' "Permitted Exceptions." (iv) Any survey objections made by Buyer shall be treated as an objection to title subject to thes same procedures, rights and obligations as set forth: in this Section 6: fori title 4. The first sentence of Section 11, Closing, oft the Purchase Agreement is deleted ini its entirety and Two (2) business days prior Closing, Seller shall deliver tol Buyer a special warranty deed, an owner's affidavit ini form reasonably acceptable to Buyer andi its title company, any lien waivers necessary to satisfy the Required Cure Items and a non-foreign status affidavit (pursuant to thel Foreign Investment in Real Property Tax. Act) and as may bei required by thel Buyer's title company and such other documents reasonably requested by Buyer ori its title company to effectuate the terms and conditions oft this Agreement which documents must be acceptable to Buyer and its title company, Both Buyer and Seller shall delivera 5. Time Periods. The calculation of the number of days that has passed during any time period prescribed in thel Purchase. Agreement shall be based on calendar days, unless otherwise expressly set forth herein, and shall commence on the day immediately following the action or event giving rise to the commencement oft the period and shall expire on the last day oft the time period. Furthermore, any period (during which any act is required to be performed under the Purchase Agreement including, without limitation, the providing ofnotice) which ends on any date which: is a Saturday, Sunday or federal holiday shall be automatically extended tot the next Business Day. A "Business Day" shall be any day which is not 6, Additional contingency, Buyer,ati its owno cost, may examine thes soil, including, without limitation, by what is commonly known as a "perk test," " to determine whether thel Propertyi is suitable for the sanitary and wastewater facilities necessary for a fire station. In the event that Buyer, in its sole discretion, determines that the Property is unsuitable for the sanitary and wastewater facilities necessary for a fire objections. replaced with the following: closing statement in form acceptable tol both Buyer and Seller. as Saturday, Sunday ori federal holiday. station, the Buyer may terminate the Agreement without any liability to Seller. 2 IN WITNESS WHEREOF, this Exhibit B is executed under seal by the duly authorized representatives oft thel Buyer as of the date first set forth below. BUYER: The City of King, North Carolina By: Name: Title: Date signed: (SEAL) 3 IN WITNESS WHEREOF, this Exhibit B is executed under seal by the duly authorized representatives of the Seller as of the date first set forth below. SELLER: (SEAL) GALEN MARK SHELTON Date signed: (SEAL) KRISTYT. SHELTON Date signed: (SEAL) LISA SHELTON CRAVER Date signed: (SEAL) DEAN H. CRAVER Date signed: 4 EXHIBITB TO. AGREEMENT FOR PURCHASE. AND SALE OFLANDI BETWEEN The City of King, North Carolina ("Buyer"). AND common (collectively, "Seller") Galen Mark Shelton and Kristy' T. Shelton, and Lisa Shelton Craver and Dean H. Craver, as tenants in Notwithstanding anything to the contrary in thel Purchase Agreement, the terms and conditions of this Exhibit B shall control over any contrary terms or conditions in the Purchase Agreement. Buyer and 1. For the purposes hereof, the Agreement for Purchase and Sale ofI Land to which this Exhibit Bi is attached shall ber referred to as the "Purchase Agreement." " This Exhibit B: shall bei referred to as Exhibit B ort this Exhibit. The Purchase Agreement and all exhibits thereto including this Exhibit B shall bei referred to as the "Agreement." Each ofSeller and Buyer represent to the other that the Purchase Agreement is the copyrighted NC Bar form and has not been modified except for the completion of blanks and any 2. Section 5, Evidence of Title, of the Purchase Agreement is hereby amended and restated in its Seller agrees to convey the Property tol Buyer by special warranty deed subject only to the Permitted Exceptions (as defined below in Section 6(a) of the Purchase Agreement (as modified hereby)). Seller shall not create or allow to be created any new exceptions or encumbrances to thet title or survey ofthel Property aftert the date ofthis Agreement without the approval of Buyer ("New Titlel Exceptions"). Ini the event any New Title Exception is created and is not cured prior to Closing, then that shall be an event of default under the Purchase Agreement and Buyer may terminate thel Purchase Agreement and be entitled to pursue any and all remedies set forthl herein or otherwise available at law. 3. Section 6(a), Title Examination, oft the Purchase Agreement is hereby amended and restated ini its (i) After the date of execution and delivery oft this Agreement by Buyer and Seller, Buyer may, at Buyer's expense, cause at title examination to be made of thel Property and (ii) In any event, Seller shall be obligated to obtain the release and termination, at or prior to Closing, of the following with respect to the Property to the extent that such constitutes al lien or encumbrance on1 thel Property: (A)all ad valorem taxes on1 thel Property which are either past due or currently due and owing, (B) all government assessments currently due and owing, (C) state and federal income tax liens for taxes owed by Seller, (D) all judgments against Seller, (E) all obligations secured by any mortgages, deeds of trust, all financing statements, and security instruments granted by Seller, (F) all contractor's: andi materialman" 's liens, (G)alll lis pendens filed against Sellerort thel Property, attachments filed against Seller or similar defects of title filed against Seller, and (H) all New Title Exceptions (collectively, items (A) through (H) are referred to as the "Required (iii) In addition to Buyer's right to have Seller cure the Required Cure Items above, Buyer shall further be entitled to provide written notice to Seller of any title objections, desired to bei made by Buyer, prior to the expiration oft the Examination Period (asi may be extended). Seller shall have ten (10) days after such notice of objections to title is given Seller hereby agree as follows: strikethrough ofprovisions with readily apparent "x's"or lines. entirety with the following: entirety with the following: obtain at title commitment. Cure Items"). 1 by) Buyer to provide notice to Buyer in writing of whether Seller intends to cure such title objections. Seller shall have until the date expressly stated for Closing in this Agreement (the "Cure Period") to cure the defects oft title to the reasonable satisfaction of] Buyer that Seller has elected to cure andt to cure any Required Cure Items. IfSeller has not received any such notice oftitle objections from Buyer prior to the end of the Examination Period, Buyer shall be deemed satisfied with thei title to thel Property and shall accept title subject tos all matters oftitled other than thel Required Curel Items. IfSeller: failst toi respond: inv writing to Buyer's notice of objections to title or notifies Buyer of Seller's intention not to cure such defects, Buyer may, on or before ten (10) days after such failure toj provide notice or notice of Seller'si intention: not to cure, as Buyer's sole remedy, terminate this Agreement or proceed to Closing and take title to1 the Property subject to such uncured defects with: no reduction in the Purchase Price, except to the extent of Seller's liability for curing the Required Cure) Items, IfSeller fails to cure within the Cure Period any and all defects or objections to title that Seller has agreed to cure (as provided herein) to the reasonable satisfaction of Buyer then that shall constitute an event of default under the Agreement, subject to thei remedies set: forth herein or otherwise available atl law. For the avoidance of doubt, Seller's failure to cure al Required Cure Item shall be an event of default under the Agreement, subject tot thei remedies seti forth herein or otherwise available at law. Any title ors survey exceptions with respect to thel Property that Buyer has not objected to in writing as set forth above (other than the Required Cure Items) or any title or survey objections that Buyer has waived in writing shall be deemed "Permitted Exceptions." (iv) Any survey objections made by Buyer shall be treated as an objection to title subject to the same procedures, rights and obligations as set forth in this Section 61 for title 4. The first sentence of Section 11, Closing, oft the Purchase Agreement is deleted in its entirety and Two (2) business days prior Closing, Seller shall deliver to Buyer a special warranty deed, an owner'saffidavit ini form reasonably acceptable to Buyer and its title company, any lien waivers necessary to satisfy the Required Cure Items and a non-foreign status affidavit (pursuant to thel Foreign Investment in Real Property' Tax Act) and as may be required by the Buyer's title company and such other documents reasonably: requested by Buyer or its title company to effectuate the terms and conditions of this Agreement which documents must be acceptable to Buyer and its title company. Both Buyer and Seller shall delivera 5. Time Periods. The calculation of the number of days that has passed during any time period prescribed int thel Purchase Agreement shall bel based on calendar days, unless otherwise expressly set forth herein, and shall commence on the day immediately following the action or event giving rise to the commencement of the period and shall expire on the last day of the time period. Furthermore, any period (during which any act is required to be performed under the Purchase Agreement including, without limitation, the providing ofr notice) which ends on any date which is a Saturday, Sunday or federal holiday shall be automatically extended tot the next Business Day. A' "Business Day" shall be any day which ist not 6. Additional contingency, Buyer, ati its own cost, may examinet thes soil, including, without limitation, by what is commonly known as a "perk test,"t to determine whether thel Property is suitable fort the sanitary and wastewater facilities necessary for a fire station, In the event that Buyer, in its sole discretion, determines that the Property is unsuitable for the sanitary and wastewater facilities necessary for a fire objections. replaced with the following: closing statement in form acceptable to both Buyer and Seller. a Saturday, Sunday or federal holiday. station, the Buyer may terminate the Agreement without any liability to Seller. 2 IN WITNESS WHEREOF, this Exhibit B is executed under seal by the duly authorized representatives oft thel Buyer as of the date first set forth below. BUYER: The City of King, North Carolina By: Name: Title: Date signed: (SEAL) 3 IN WITNESS WHEREOF, this Exhibit B is executed under seal by the duly authorized representatives of the Seller as oft the date first set forth below. SELLER: (SEAL) GALENI MARK SHELTON Date signed: (SEAL) KRISTYT. SHELTON Date signed: (SEAL) LISA SHELTON CRAVER Date signed: (SEAL) DEAN: H. CRAVER Date signed: 4 CITY OF KING KING CITY COUNCIL DEPARTMENTAL REPORTS MEETING DATE: OCTOBER 7, 2024 Collections Report Finance & Budget Fire Department Planning Department Police Department Senior Center Tap Fee Report Taxes Water Collections Report Susan O'Brien From: Sent: To: Subject: no-reply-invoicecloc.comemg.nvyoicecloud.com on behalf of! InvoiceCloud Agency Assist Animal Problem City Ordinance Violation Disabled Motorist Domestic Escort Foot Patrol (Business) Harassing Phone Calls Juvenile Complaint K-02 REC ACRES INCLUDES K-05 KINGI LIBRARY K-08 PUBLIC WORKS K-12 CALVARY CHRISTIAN SCHOOL MAIN K-16H HARVEST TEMPLE CHILD K-21 KING SHOPPING CENTER K-23 RETAIL CIRCLE K-30 402 WEST KING STREET K-50 ROSA TARA OFF PLANTATION DRIVE K-52 PRIDDY MANOR K-55' WALMART KING CARE CALL - SHELBY KING CARE CALL-SC-BETTY JO License Check MANPOWER Open Door Process Service Security Check (Business) Special Event Suspicious Person Traffic Crash (Non-reportable) Traffic Stop (eCitation) Traffic Stop (Warning) Trespassing Welfare Check Total Number of Events: 2,342 4 911 Hang Up 16 Alarm 1 Assault 2 Death Investigation 8 Disturbance 1 Drug Violation 4 Follow Up 190 Found Property 2 Injury to Property 3 K-01 CENTRAL PARK -INCLUDES CABIN, 53 K-03 SENIOR CENTER 11 K-06 CITY WATERI DEPT ON DONNAHA 1 K-10 KING ELEMENTARY SCHOOL 26 K-13 RAINBOWI DAYCARE- 109 VILLAGE 2 K-20 FIVE FORKS SHOPPING CENTER 55 K-22 COLONY SHOPPING CENTER 40 K-24 DOWNTOWN SHOPS 3 K-40 STOKES YMCA 1 K-51 CAROLINA CHRISTIAN VILLAGE ON 3 K-53 UNIVERSAL NURSING FACILITY- 44 K-56 Walgreens 11 KING CARE CALL NANCY 11 Larceny 4 Livestock in Roadway 92 Officer Assist (KPD only) 2 Other 1 Police Service 9 Public Service 179 Security Check (Residence) 2 Suspicious Activity 8 Suspicious Vehicle 5 Traffic Crash (Reportable): OCAI required 115 Traffic Stop (Handwritten Citation)- OCA 37 Training 4 Vehicle Maintenance 6 19 13 3 1 17 1 7 3 4 41 20 1 26 1 37 56 6 8 2 2 2 11 7 1 52 3 26 17 932 26 10 20 7 1 3 Parking' Violation (Ticket issued)- OCA required Senior Center King Senior Center Monthly Report September 2024- King Senior Center September was National Senior Center Month and we worked to fill our activity calendar with many great programs and events throughout the month to highlight the impact the senior This month we launched a new newsletter and calendar format through a service with LPI who now will produce 750 free color copies oft the booklets for distribution around the county. We had them available at our booth at the Stokes County Fair and feedback has been great. On Friday, September 13th, we welcomed over 80 people to the Stokes County Senior Citizens Day Event. We recruited judges and scheduled al band for the fun event sponsored by the American Legion and Ladies Auxiliary, who provided a pizza lunch for everyone. Second Harvest Food Bank is also partnering with us on some of our monthly Age & Bake Classes. This month, Emily Martin, a nutritionist with Second Harvest, presented on the importance of Healthy Breakfasts. We are looking forward to bringing her back both here and We also celebrated Fall Prevention Week with many activities that included how to utilize online tools to help in fall prevention, encouragement to try our evidenced-based Tai Chi Class, attending the Piedmont Triad Falls Free Expo, a vaccination Clinicwith Stokes Pharmacy providing easy access to flu, RSV and Covid vaccinations, and blood pressure checks with The highlight of the month was celebrating our 17th Anniversary on September 231d when we packed our multipurpose roomi fora a lunch provided by Mountain Valley Hospice. We enjoyed old video footage of King from the 1930's-1970's and many of our participants share warm stories of having grown up ini the King community. We also had fun reminiscing over old Senior Our Expanded Services classes are set to continue at five remote sites in October and Iwill continue to work closely with Reba Dodson at Walnut Cove Senior Center to plan and provide centers can on their communities. at our Expanded Services sites. Mountain Valley Hospice and Palliative Care. Center photos and newspaper: articles. these programs. espertfulysubmited by Paula Hall, Director, King Senior Center KINGhaiCam GET CENTERED NEWSLETTER OCTOBER 2024 "Octoben ounshine bathed the pank with ouch a melting lighithatdhad the dimmmed impressive look 06 a landecape by an eldmaster. " Elizabeth Enright SENIORA CENTEROF Excellence Divisionc EI FALL LANDSCAPING TIPS Join MattLenhardt, Stokes County Cooperative Extension Director and Horticulturist, whowill be offering EASY LANDSCAPING TIPS Q&Aon Tuesday, October 15th at 3pm. Thisisag great opportunity to learn more about whatyou cando toyourl lawn and natural areas to keep maintenance toaminimum, yethavethelawn you enjoy! BE THE HELP SOMEONE NEEDS "Deaths, hospitalizations, and emergency department visits due to concern nationally andi in North CONTACT US King Senior Center 107 White Rd Phone 336-983-0751 Website angncusfsenorente. Email phall@ci.king.nc.us *Hours of Operation Mon- -Fri/8:30am-5 5:00pm *Some extended hours OUR MISSION The King Senior Center exists to enricht the lives ofs seniors through programs ands services that will improve their health and wellness, decrease their loneliness and isolation, and provide social, economic, ande educational opportunities that wille enhance their quality of life. King Senior Center is rising to do our part to educate and save lives. You can be apart of the solution too! Join us on Monday, October 21stat 11am when Kayla Bohannon, with Stokes County Health Department, will be at King Senior Center to share information about overdose and training tol learn how to administer nasal Narcan. Free Narcan kits willl be provided. You could save al life in a parking loto or at home. One never knows when you may be presented with the opportunity yout to be prepared. Physical Address: Mailing: medication or drug overdose, have POBox1132 become a growing public health King, NC27021 Carolina. Historically, prescription opioids have been a major driver oft this epidemic. However, illicit drugs are now contributing to this problem in increasing numbers. The majority of overdose deaths now involve illicit opioids like heroin orf fentanyl, a synthetic narcotic. The number of overdose deaths involving stimulants is to meet this also on the rise." Department of preventing an opioid crisis head on. We want (NCI Public Health) Rates herei in Stokes medication and overdose deaths are almost twice those oft the state. Itis no longer just al big city crisis. Itis a Stokes County crisis. for County paula all Director King Senior Center GETTO KNOW US Page 02 SENIOR SERVICES ADVISORY COMMITTEE OUR STAFF Director Paula Hall Participant Engagement Cathy Dezarn Administrative Assistant Virginia Byerly King Senior Center has a Senior Services Advisory Committee with each member appointed toa three-year term by the King City Council. The Committee meets four times a year to support, plan and helpimplement the programs and services at King Senior Center to best meet the needs ofadults age 55+ in the greater King community. Art Holleran Chair John Erickson Vice Chair Fran Newsom Secretary Susie Grabs Carolyn Byerly Jack Sneed Tammie Bennett Shelby Snyder Linda Ogle DID YOU KNOW WE CAN HELP WITH SERVICES TOO? JUST ASK. HEALTH SCREENINGS & FITNESS PROMOTION GENERAL AND MEDICAL TRANSPORTATION CONGREGATE & HOME-DELIVERED MEALS MEDICARE AND INSURANCE COUNSELING SOCIAL SECURITY BENEFITS TAX PREPARATION AND ASSISTANCE VETERANS SERVICES LEGAL SERVICES SENIOR HOUSING ENERGY ASSISTANCE DISASTER PREPAREDNESS SENIOR GAMES TELEPHONE REASSURANCE CAREGIVER SUPPORT ADULT DAY PROGRAMS EMERGENCY ASSISTANCE SENIOR ADVOCACY FAX, NOTARY, & SHREDDING LIVING WILLS & HEALTHCARE POWER OF ATTORNEY VOLUNTEER & EMPLOYMENT OPPORTUNITIES HOME REPAIR & MODIFICATIONS IN-HOME AND LONG-TERM CARE REHABILITATION & RESPITE CARE HELP REPORTING SUSPECTED ELDER ABUSE, NEGLECT, OR EXPLOITATION DURABLE MEDICAL EQUIPMENT & ASSISTIVE DEVICES Check out Roberta's Comical Hat entry from the Stokes County Fair's Senior Citizen's Day Event on September 13th! ACTIVE AGING Page 03 Call CRAFT FAIR GBAKE SALE ANSWER KEY Crazy for Coffee CAM EROD 161 NOVEMBER, 2024 BAM- 2PM KING SENIORC GENTER Vendors welcome 1071 WHITEI RD, KING UPCOMING EVENTS Page04 CRAFT MENTAL HEALTH MOMENT WITH GAST: BULLYING Tuesday, Oct 22 11am kids. Adults can often feel bullied too. Come learn more about how tos stop the cycle with our friends from Geriatric & Adult Mental Health Specialty Team. BEGINNER PAINTING: $ Tuesday, Oct 22 2pm is back for another month she'll lead you in paintinga beautiful fall landscape scene. Sign ups are required. Space limited. Cost $5 GOT PLANS? Wed, Oct23 CAREGIVER SUPPORT King Senior Center and the Department of Social Services partner to provide a space for monthly support for caregivers. As care partners, we offer support andy vital connections to services like respite care, education, in- home aid, hospice, grief counseling and other resourcest to help alongyour journey. Whether providing care at home ori in long-term care, there is as seat for youin our circle ofs support. For morei information, contact Paula at King Senior Center at 336-983-0751. Monday, Oct 7 1lam Join us to make a no-sew fabric Sign ups are requested. FREE BLOOD PRESSURE CHECKS Wed, Oct 9 Our nursing friend, Margaret Hauser, with Mountain' Valley Hospice & Palliative Care, will be back this month for FREE blood pumpkin for your fall home decor. Bullyingdoesn'tjust: happen to 10-11am Wilnette pressure checks! No appointment painting class for beginners. This necessary AGE & BAKE Monday, Oct14 11am Join Paula & Cathy fora a great fall recipe: Pumpkin Cream Cheese Muffins. This will be a hands-on class, SO come prepared tos stir, pour and bake! SPOTLIGHT SENIOR: SERIES Tuesday, Oct15 3pm Stokes Cooperative Extension Director, Matt Lenhardt, willl be onsite to share Tips for Easy Landscaping. NARCAN TRAINING Monday, Oct21 11am Stokes County Health Deptwill provide training for Narcanandi free Narcan administering kits will be distributed. No sign up required. 3pm Trellis Supportive Services will be back onsite (upstairs) tol helpyou prepare a FREE Living Will and Healthcare Power of Attorney. Got Plans? Ifnot, don'tr miss out on this free service! CANASTA TOURNAMENT Friday, Oct25 Sign up to compete for prizes. Teams will be randomly assigned. Bring snacks to share and be ready fori the FUN! HALLOWEEN FLY BY Thursday, Oct31 ALL DAY "Fly By"t the Center anytimeto pick up: some sweet treats. Better yet, come dressed up in your favorite decade costume. SENIGR TARI HEEL ATHLETIC CARDS ARE NOW AVAILABLE! King Senior Center Cards area acceptedat thec discretiono ofe eachs schoold ord district. Cardso donote expire. Intended fora adultsa age 60+ Questions? Contact King Senior Center 336-983-0751 "I'm so glad Ilivei in aworld where there are Octobers." Lucy Maud Montgomery Ann ofGreen Gables Al MATTER OF BALANCE 2pm We will bes sponsoring another. A/ Matter ofBalance Class series on Monday'sin October and November from 1-3pm upstairs here at the Center. This is an evidence-based class that will help you get toverthe fearoffalingand give you the support you need to reduce your risks. Spaceis limited to 12 participants, sosign up early. Contact King Senior Center at 336-983-0751 to reserve your spot! BUILDING SELF AND COMMUNITY Page 05 OCTOBER: National Breast Cancer Awareness Month Healthy, active, independent patients have the best chance for good outcomes following Women age 70 and older have treatment for breast cancer. alin2 24 chance of developing breast cancer. More than 40% of breast cancers are diagnosed in women age 65 and older. CANASTA UU Schedule a mammogram Eata a healthy diet Stay active IT TECAMES BEGIN! Signu upi ina advance. Teamsa andt tables willl be selected atr random. 1st,2nd83 3rd place prizes BRINGSNACKS TOSHARE STARTS AT OCTOBER CAL. The American Cancer Society recommends that women age 55 and older geta mammogram every year. BREAST AWARENESSM CANCER MONTH - 2pm 25th 336:983-0751 EARLYVOTING begins October 17th and ends November 2nd KNGSENIOR CENTER Board of Elections Office in Danbury King Public Library Walnut Cove Public Library Photo IDi is required for voting VOTE w KING SENIOR CENTERACTIVITY CALENDAR Page06 Sunday King Senior Center 8:30am-5pm Monday-Friday and $:small fee to participate some extended hours 107White Rd, lowerl level of King Recreation Acres Community SU: Signu up Building Phone: 336-983-0751 Email:p phall@ci.king.nc.us Monday UL: Upper Level location IG: Open to <55y years ofage Virtual Options: ZOOM Chats and SPOTLIGHT Senior Series Tuesday 1 10am Mindfulness 11:30am ZOOM Chat 11:15am Aqual Fit @ YMCA 12pm Pat Adkins Mem. Dance 2pm Bridge 2pm Tai Chi, UL We 2 10: 10: 11: 1pi 1pi 6pi 9 10: 10: 10- wit 11: 1pi 1pi 6pi 16 10 10 11 1p 1p 6p 23 10 10 11 1p 1p 3p 6p 30 10 10 11 1p 1p 6p Caregivers Supportrescheduled to the 9th 3pi 6 7 10am Chi Kung 10:30am Aqua Fit @ YMCA 1lam Crafts: Fabric Pumpkins 1pm Canasta 1pm Al Matter of Balance, SUUL 2pm Cornhole 5:30pm Buti Yoga IG,$ 6pm King City Council 14 10am Chi Kung 10:30am Aqua Fit @ YMCA 1lam Age & Bake: Pumpkin Cream Cheese Muffins 1pm Al Matter of Balance, SUUL 1pm Canasta 2pm Cornhole 5:30pm Buti Yoga, IG,$ 21 10am Chi Kung 10:30am Aqua Fit @ YMCA 1lam Narcan Training: Stokes Co. Health Dept 1pm AI Matter of Balance, SU UL 1pm Canasta 2pm Cornhole 5:30pm Buti Yoga, IG,$ 28 10am Chi Kung 10:30am Aqua Fit @ YMCA 1pm Al Matter of Balance, SU UL 1pm Canasta 2pm Cornhole 5:30pm Buti Yoga, IG,$ 8 10am Mindfulness 11:30am ZOOM Chat 11:15am Aqua Fit @ YMCA 12pm Pat Adkins Mem. Dance 2pm Bridge 2pm Tai Chi, UL 1:30pm Pegs &. Jokers 13 15 10am Mindfulness 11:30am ZOOM Chat 11:15am Aqua Fit @ YMCA 12pm Pat Adkins Mem. Dance 2pm Bridge 2pm Tai Chi, UL 3pm SPOTLIGHT Easyl Landscaping Tips With Cooperative Extension 22 10am Mindfulness 1lam Mental Health Moment: Bullying 11:30am ZOOM Chat 11:15am Aqua Fit @YMCA 12pm Pat Adkins Mem. Dance 2pm Beginner Painting Class, SU 2pm Bridge 2pm Tai Chi, UL 29 10am Mindfulness 11:30am ZOOM Chat 11:15am Aqua Fit @YMCA 12pm Pat Adkins Mem. Dance 2pm Bridge 2pm TaiChi, UL 20 1:30pm Pegs & Jokers 27 OCTOBER 2024 Page07 Saturday 5 sday 1Strength Class air & Up Yoga Aqua Fit @ YMCA NGO nes & Cards hClass, UL ok Club: Prayers the DevilAswers icel It Out, IG,$ Strength Class air & Up) Yoga Aqua Fit @y YMCA Valley. NGO nes & Cards hClass, UL iceltOut, IG,$ Group** mS Strength Class hair & Up Yoga n Aqua Fit @ YMCA INGO ames & Cards ch Class, UL ance It Out, IG,$ m Strength Class hair & Up Yoga 1Aqua Fit @y YMCA INGO mes & Cards ch Class, UL TPLANS? with Trellis ncel It Out, IG,$ m Strength Class hair & Up Yoga nA Aqua Fit @ YMCA INGO ames & Cards ch Class, UL ance It Out, IG,$ Thursday 3 10am Mah. Jongg 11:15am Aqua Fit @ YMCA 2pm Bridge 2pm Cornhole, UL 4:30pm Gentle Sit &F Fit Flow 5pm Twisted Stitchers 6pm Active. Aging Ballet, IG 10 10am Mah Jongg 11:15am Aqua Fit @ YMCA 2pm Cornhole, UL 4:30pm Gentle Sit & Fit Flow 5pm Twisted Stitchers 6pm Active Aging Ballet, IG 17 10am Mah. Jongg 11:15am Aqual Fit @ YMCA 12pm Smart Startl Line Dance,$ 2pm Bridge 2pm Cornhole, UL 4:30pm Gentle Sit8 & Fit Flow 5pm Twisted Stitchers 6pm Active Aging Ballet, IG 24 10am Mah. Jongg 11:15am. Aqua Fit @ YMCA 2pm Bridge 2pm Cornhole, UL 4:30pm Gentle Sit & FitF Flow 5pm Twisted Stitchers 6pm Active Aging Ballet, IG 31 10am Mah. Jongg 11:15am. Aqua Fit @ YMCA 12pm Smart Start Line Dance,$ 2pm Bridge 2pm Cornhole, UL 4:30pm Gentle Sit & Fit Flow 5pm Twisted: Stitchers Halloween ior Center 6pm Active Aging Ballet, IG FlyBy Friday 4 9am 2nd Cup Veterans Breakfast Sponsor: Mountain Valley Hospice 10:30am Aqua Fit at YMCA 11:15am Beginner Line Dance Just For Fun Line Dance 1pm Canasta and Card Games 11 9am 2nd Cup Veterans Breakfast Sponsor: Priddy Manor 10:30am Aqua Fit at) YMCA 11:15am Beginner Line Dance 12pm Just For Fun Line Dance 1pm Canasta and Card Games 18 9am 2nd Cup Veterans Breakfast 12pm Smart Start Line Dance,$ 9:30am Sit & Fit, UL 12pm 12 12pm Smart Start Line Dance, $ 9:30am Sit & Fit, UL Free Blood Pressure Checks 2pm Bridge Caregiver **6pm Support 19 Sponsor: Trellis 9:30am Sit & Fit, UL 10:30am Aqua Fit at' YMCA 11:15am Beginner Line Dance 12pm Just For Fun Line Dance 1pm Canasta and Card Games 25 9am 2nd Cup Veterans Breakfast Sponsor: McDonalds 10:30am Aqua Fit at' YMCA 11:15am Beginner Line Dance 12pm Just For Fun Line Dance 1pm Canasta and Card Games 2pm CanastaTourament, SU KSC participants can attend 2 Aqua Fit Classes per week at Stokes Family YMCA with no membership required. Sit & Fit is provided by our partners at' Walnut Cove! Sen- 26 12pm Smart Start Line Dance, $ 9:30am Sit &F Fit, UL CLASSES AND ACTIVITIES Page 08 2nd Cup Veterans Breakfast Partners welcome. SPECIAL EVENTS Advocacy, potlucks, holiday events, Volunteer Appreciation, field trips, and more! With local sponsors, wel honorthose who have served our country with a biscuit and coffee hour to network, share information and swap: stories. Active Aging Ballet Leave your tutus at home. This is a gentle ballet class for adults that can greatly improve balance, strength and posture. Age & Bake Amonthly cooking class that shares the love of cooking, both new and time-tested techniques, and many classes for more Aqua Fit Through a partnership withi the Stokes Family YMCA, Center participants can attend two weekly Aqua Fit classes per week withouta a Beginner Line Dance Fora absolute beginners to learn the basic ofl line dancing in a comfortable environment where everyone is at the same Book Club Through a partnership with King Public Library,booksare loaned to our Book Club at no cost. The group meets monthly for lively Bridge, Canasta, Rook, and other card games New and experienced players are welcome to join. See as staff member for details. Buti Voga $5,IG Bring yr own mat and join the group for Buti Yoga,a cardio workout that also strengthens muscles andi improves balance. Caregiver Support Group Arey you caring for a loved one at home orin long-term care? Need resources and support alongyourjourney. Gentle yoga fort those able to transition between sitting and standing. An evidence-Dased exercise class that incorporates slow, coordinated movement, intentional breathing, and meditation. Helps with balance The Greenery is an opportunity to gety your hands dirty with care of our community garden. Produce is used in our Age & Bake Classes or placed In appreciation oft the cultural arts, we offer a variety of projects fori this Dance It Out$5,IG Suchaf fun, upbeat line dance class that youy will Gentle Sit & Fit Flow Agentle combination of chaire exercise, standing movement, and stress relief. Great class for both beginners and those Just For Fun Line Dance This class is not for first-timers. Instead iti isa class where experienced. steppers take turns sharing new music and MahJongg Tnsintenationalypopular game where four players try to collect winning sets of tiles ist fast-growing here at the Center. We also Mindfulness Using the evidence-based Koru Mindfulness approach to stress-reduction and meditation, the class equips learners with practices Pat Adkins Memorial Line Dance Aline dance class that honors the memory ofa a local line dance legend, Pat Adkins, and her passion for line healthful eating! YMCA membership. level you are. FITNESS CLASSES King Senior Center offers a variety oft free fitness classes for mind and body! Want to know where to start? Aska staff person for more information. discussions about each month's selection. Everyone welcome. Chair & Up' Voga Chi Kung GAMES Card games,B BINGO, Mah Jongg,and cornholea are popularactivities. and stress reduction. Community Garden ono our special Table of Sharing at the Center. once a month class. No experience! isi necessary. Crafts forget that dancei is exercise! with experience. footwork. EDUCATIONAL CLASSES Learning is a lifelong process and we are here to continue your learningj journey with our monthly Age & Bake Classes, Crafts, SPOTLIGHT Senior Series, and weekly Tech Classes to help you better understand your cell phone or tablet. Various other programs are offered throughout they year. provide patient instruction for beginners. foramoret fulfilling life. dance. CLASSES AND ACTIVITIES Page09 Pegs &. Jokers Afun game played with creative pegs and boards. Everyone brings a potluck dish tos share and enjoys a Sunday afternoon Sit &Fit, UL Through a partnership with Walnut Cove Senior Center, our participants can attend this class that helps tol build strength, Smart Start Line Dance $3 Come enjoy al basic line dance class witha a SPOTLIGHT Senior Series This monthly event can be attended in- person or virtually (contact staff forvirtual option.). Each month we highlight an agency, organization ori issue that can impact thel lives of Strength Class Designed toi improve strength usingh handweights, Tai Chi As as step-upi from Chi Kung, this fitness class offers the benefits Tech Class Learn the basics ofhow to use your Android or Apple (iPhone/iPad) devicesi in a language you can understand. Large-print Tech Curriculum availablei fora $5 donation. Twisted Stitchers Forthe experienced knitter and those who crochet, sew or enjoy other fiber arts. The group. meets to: share patterns and skills. Each person brings their own projects. UL: location is upper level of King Recreation Community Building. $: these classes have as small fee to participate ZOOM Chat This virtual chat via ZOOM helps us connect from the comforts of our home office, living- room, kitchen table or back porch. Log on from your phone, tablet or computer to chat with others about what's happening in town, share stories & recipes, andj just gett to DROP-IN ACTIVITIES: Outdoorwalking track Books & Puzzles forl loan Local newspapers & magazines Health check station Touchscreen computer & tablets Tech tutoring Gardening Fax, copy & shredding Notary playing, eating, and spending time with friends. balance and endurance. fun mix of music thatl leaves you smiling! older adults for the better. resistance bands and balls. off flexibility, balance and strength. FUN, FUN, FUN Page 010 Crazy for Coffee A M E R CD R I P F E Y E D E R E BF L A T T E S D E G A S S I N G OI P P OD D M 0 C - H A O T G V E U E D R I O N 0 C A F D T S A O R R A E A F O I T T R A D E A W I I B A T A O T R A U T I T R O FA A ODA T I L GG R N R A O - Y K X M N T N S A A N O O H B G R H R X A TF IU T T C F S I C I D E S E C Y E E B S E P FC S S N T S F M C PN FO I I U A D T E S E I O E H IIF R R R L N R L A R N R I H I CE A R A A L E B 0 H I P 0 F C A A F C S B V T S R M S O B S M Z T EF E B L T T L P H S A FU EJ O E A DU 0 S S E R P O R E A N Q - A 0 C R E W E R B O N A C I R - E M A Word List: AEROPRESS ARABICA BLEND BREWER DEGASSING FAIR LATTE RISTRETTO TYPICA AFFOGATO BARISTA BOURBON CORTADO DOPPIO TRADE MACCHIATO REDEYE VARIETAL ROAST ROASTER CAFFEINE CREMA DRIP FINISH MOCHA ROBUSTA AMERICANO GRINDER CHEMEX DEÇAFFEINATED ESPRESSO FRENCH PULL SHOT KING SENIOR CENTER PO Box 1132 King, NC: 27021 Indicia goes here C - STAY CONNECTED Do We Have Your Email? Geton our mailing list, and never miss out on upcoming events, special programs, Website You can find our calendar and other details of our activities and programs on the City of King's website Social Media You can also like the City of King's Facebook page for upcoming special events. www.facebook.com/CityofkingNc Halleyeen fly By and community updates! under Senior Center angncussenorcenter King Senior Center Stop by the center for a Halloween treat Thuriday, October 31 Costumes are encowraged MAKE A DONATION OR CONTRIBUTION Youl have opportunities to make general donations to the Senior Center or voluntary contributions for yourp participation in Senior Centera activities and programs. Contributions are used towards expanding the activities and services that have the potential toi improve upon the health, cultural, social and educational needs of senior adults. Funding of these programs is a combination of federal, state, county and city monies. Donations also come from various local civic groups as well as voluntary contributions from participants. Services will not be reduced ort terminated based on your ability to contribute. Contact Center staff for more information. Tap Fee Report B 0 0 0 0 L Taxes COUNTY OF STOKES Richard Brim TAX ADMINISTRATOR Phone (336) 593-2811 Joanne M. Fallon DEPUTY TAX COLLECTOR Fax (336) 593-4019 TAX COLLECTIONS OFFICE Post Ofice Box! 57. . 1014) Main Street Danbury, NC 27016 Memorandum To; Susan O'Brien, City of King Finance Director From: Joanne Fallon, Deputy Tax Collector RE: AUGUST 2024 Collections Date: September 5, 2024 Below is a breakdown of collections for the month of AUGUST 2024 CURRENT DELINQUENT VEHICLE FEE SUBTOTAL LESS 1% RETAINER TOTAL PROPERTYTAX $2,060,502.08 $ 2,060,502.08 $ 4,933.72 $ 301.91 $ 5,235.63 $2,065,737.71 $ (20,657.38) $2,045,080.33 Ifyou have questions concerning the amount of the check you received, Please contact our Finance Department at 336-593-2450. Water City Of King 09/12/2024 01:30F PM Date Type Source Date Service Name WATER CIN WATER IRR IN WATERCOUT WATER IRR OUT STOKESCO IN SEWER OUT SEWER IN SEN: SEWER IN SEN SEWER OUT $238.59 SEWER INI NOHK LANDFILL TIPFEE $4,155.82 BOD/TSS RES BODITSS COM BODITSS RESCOM $366.29 WATER SPRINKLR $185.00 RET CHECK FEE RECONNECT FEE $200.00 LANDFILL TIPFEU $20.00 OTHER UNK YARD CART PCKUP $50.22 WA-F PENALTY PENALTY SW19 30-60-90 Service Report Page 1 of1 8/7/2024 0-30 Days $22,353.03 $452.80 $15,152.98 $0.00 $352.87 $24,274.12 $58,488.59 $984.29 $1,693.73 $3,727.29 $195.75 $150.00 $50.00 $0.00 $6,179.11 $230.00 $139,500.48 7/7/2024 31-60 Days $109.64 $0.00 $3,906.41 $0.00 $0.00 $136.56 $109.25 $186.75 $0.00 $0.00 $19.20 $21.96 $0.00 $0.00 $0.00 $25.00 $800.00 $0.00 $0.00 $0.00 $0.00 $849.24 $0.00 $6,164.01 6/7/2024 61-90 Days $1,227.95 $0.00 $675.81 $0.00 $0.00 $697.66 $4,239.86 $211.52 $0.00 $74.77 $188.83 $151.01 $0.00 $191.76 $0.00 $0.00 $700.00 $0.00 $0.00 $0.00 $0.00 $494.84 $0.00 $8,854.01 5/8/2024 90+ Days $7,910.13 $15.74 $31,133.89 $16.07 $0.00 $35,971.82 $25,387.24 $2,551.61 $622.07 $2,585.89 $2,611.80 $3,353.47 $21.17 $141.89 $0.00 $275.00 $16,446.03 $38.40 $1,926.48 $66.89 $413.36 $7,176.74 $0.00 $138,665.69 Total $31,600.75 $468.54 $50,869.09 $16.07 $352.87 $61,080.16 $88,224.94 $3,934.17 $860.66 $4,354.39 $6,975.65 $7,253.73 $216.92 $699.94 $185.00 $450.00 $18,146.03 $58.40 $1,976.48 $117.11 $413.36 $14,699.93 $230.00 $293,184.19 Totals: