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   PUBLIC NOTICE        

Notice is hereby given that the Clayton Town Council of the Town of Clayton will hold the following hearings on Monday, June 03, 2013, at 6:30 PM in the Council Chambers of the Town Hall, 111 East Second Street:

• In accordance with NC GS 159-12(b), a public hearing to receive public comment on the proposed 2013-2014 fiscal year budget which may include proposed fee amendments to the Town’s Comprehensive List of Fees and Charges for Town services. A copy of the proposed budget is on file in the Town Clerk’s office at Town Hall, 111 East Second Street.
• In accordance with NC GS 160A-280, public notice to consider a resolution for a request of donation of a declared as surplus 1980 forklift to Flowing Waters World Outreach Center, a nonprofit organization incorporated.         
• In accordance with NC GS 160A-364, a public hearing to consider amendments to the Unified Development Code, Chapter 155 Section 402: Landscaping, Screening and Buffering (PDF). Copies of the proposed amendments are available in the Planning office and the Town Clerk’s office for review by the public. 
• In accordance with NC GS 160A-364, an evidentiary hearing to consider preliminary subdivision request PSD 2013-8 requesting to develop 12 lots. The property is bounded by Corbett Road and US Hwy 70 Clayton Bypass; parcel number 165803-01-3795. During an evidentiary hearing, the Clayton Town Council must make findings of fact based upon sworn testimony and other credible evidence. Citizens may give testimony in an evidentiary hearing after they have taken an oath.

Sherry L. Scoggins, MMC 
Town Clerk

All meetings of the Clayton Town Council are public meetings and citizens are invited to attend.  Public hearings and evidentiary hearings may be scheduled during a public meeting; however each hearing functions differently:

• Public hearing, also known as legislative hearing, occurs when an agenda item has been advertised and noticed according to the law thus allowing persons to come before the Council to state their view. After receiving public comment, the item is turned over to the Council for discussion and action. 
• Evidentiary hearing, also known as quasi-judicial hearing, occurs when an agenda item has been advertised and noticed according to the law; however, the Council acts like a court of law. During an evidentiary hearing, the Council receives only sworn testimony and other credible evidence. In addition, the Council must make findings of fact based upon the evidence presented. Citizens may give testimony in an evidentiary hearing after they have taken an oath.

Resolution Authorizing the Sale of Certain Personal Property at Public Auction 

WHEREAS, the Town Council of the Town of Clayton desires to dispose of certain surplus property of the Town; and 

WHEREAS, the Town Council of the Town of Clayton desires to utilize the auction services of an Internet-based auction system. 

NOW, THEREFORE, BE IT RESOLVED by the Town Council that: 

1.     The following described property is hereby declared to be surplus to the needs of the Town

2.    The Finance Director or his designee is authorized to receive, on behalf of the Town Council, bids via public electronic auction for the purchase of the described property.

3. The public electronic auction will be held beginning no earlier than April 12, 2013 [resolution shall be published at least 10 days before the date of auction].

4. The Town Council further authorizes the disposal of Town surplus property by use of a public electronic auction system provided by GovDeals Inc. The property for sale can be viewed at www.govdeals.com. Citizens may bid on the property at the same website. The terms of the sale shall be: All items are sold as is, where is, with no express or implied warranties; All items will be sold for cash or certified check only; Payment must be received for all items sold before they may be removed from the premises; All items sold must be paid for and removed from the site of the sale within 5 business days of the sale, or they will be subject to resale. 

5. The Town Clerk shall cause a notice of the public auction for surplus property to be noticed by electronic means in accordance with NC G.S. 160A-270(c), available on the Town of Clayton website:   www.townofclaytonnc.org. 

6. The highest bid, if it complies with the terms of the sale, may be accepted by the Finance Director or his designee and the sale consummated. 

Duly adopted by the Clayton Town Council this 1st day of April 2013, while in regular session.

____________________________________________
Sherry L. Scoggins, MMC 
Town Clerk