December 28, 1978 - 12:30 PM - County Board of Commissioners Meeting Minutes (Special)

Meeting of Board of Commissioners for the County of JohnstonDecember 28, 1978The Johnston County Boardof Commissioners met in special called sessionThursday, December 28, 1978, at 1230 pm, in the Commissioners Room of theJohnston County Courthouse, Smithfield, North Carolina, with all members present;Norman C Denning, Chairman, Frank B Holding, Vice Chairman, J E Rogerson,John M Booker and James W CashCounty Attorney W R Britt made a presentation of a contract to conveyreal property The contract being a contract between Joseph R Overby and wifeLois M Overby, parties of the first part and the County of Johnston, party of thesecond partDuring Mr Britts presentation, Commissioner Holding asked for anexplanation of why the contract method for the purchase of property as opposed tothe Deed of Trust method of purchase of property The County Attorney advised theboard that in his opinion the contract would be the better of the two inasmuch asthe contract would not result in an outstanding Deed of Trust against the countyAt this time Commissioner Holding asked Mr Overby to leave the room Thecommissioners discussed the danger of entering into a contract on the property withthe property remaining in the hands of Mr OverbyAfter a lengthy discussion, theocommissioners agreed to offer the full sumof 85,000 to Mr Overby for the property Mr Overby was then asked to come backinto the room, whereupon County Administrator Kramer Jackson advised Mr Overbythat the County Commissioners would like to offer the full sum of 85,000 for thepurchase of the property located at the corner of Johnson and Second Streets MrOverby advised the Board of Commissioners that he would not sell the property ifrequired to take the full sum of 85,000 at once The county commissioners wishedvery much to abide by the rules and regulations of the Local Government Commission,but seeing that Mr Overby was not agreeable to the purchase price of 85,000,Commissioner Holding made a motion to give a Deed of Trust instead of adopting thecontract The motion was seconded by Commissioner J E Rogerson and all membersvoted in favorThe terms of payment call for the County to pay Joseph Overby on December28, 1978, the sum of 24,65000; on January 4, 1979, the County will pay the sumof 20,11666; on January 4, 1980, the County will pay the sum of 20,11667 with97o interest on the amount of 40,23334; on January 4, 1981, the County will payJoseph Overby 20,11667 with 97o interest on the 20,116,67 at which time the saidMr Overby will deliver a clear Deed of Title to the County of JohnstonCommissioner Holding moved the Chairman be authorized to sign the Deed ofTrust and all legal papers required in this transaction The motion was secondedby Commissioner Rogerson and all members voted in favorCounty Administrator Kramer Jackson requested a budget amendment in theamount of 44,76700 to come from unencumbered cash to Capital Outlay for thepurpose of making the two payments necessary in this fiscal yearCommissioner J E Rogerson moved that the budget amendment be madeCommissioner Holding seconded the motion All members voted in favorThere being no further business the board adjournedKramer Jackson, Acting ClerkEleanor N Creech, ClerkodmNorman C Denning, Chairmanf fl