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HomeMy WebLinkAbout1987-05-18 RM Exhibits ;IJi"II'!+t":-ii'~:1 ' t,lJ, fl ~;t;i~~J,~,;T"~;lri .'~l 'j . .' ','"... " ~' . ;,'i ":f 'f ~,.~ ~n ~:'~ : , ~~f : \"ii"~" ji(" ::,ri : ,; :~~~;g., I).~ ~.~ . ~'~,i~.~ ~:? f~: . 'Lrt"'f~~ ci,:,'t : i.l~;~~;~~~{ ~r,:> : . :/. ]"11. i. i ;<,: . >:I~., ~{i";:r~:k . ,:,,~l~, fif'" '.\'r ,,' . . rii"iir/I~"~ 'I . y~~; :u'iJ;:~;f' : :["1'11""" :'i," . ;; ~:t;:,-.:f:':~i:~;:' : ;! ~r:b~~~ j~f:.~ : r'I\.'.:p::t~:~:I~<. "'r"! ,I."", . i~(~:UW:?i( ~ "i4l~J"~iJ,.,t.. . i'i::~j::::;{lf : WHEREAS, the National F'ederation of the Blind of New Hanover r~;r~1!ilI. ~~U~;:H:::::, ~::::::::::~:na:::e f::::o:::r:::::: :::: ::g::: z::::: 1"K;~"'\II':/oiL . !fl!~\,,'r I ;;~;~;~;~~~:;::~~~~y~:i~ o~~~i~;:i:~~:~f:T5:i{;;if ;it~~Biii: 'l{'!';',,':I'i',::'f. "in attention of the general public on the useful capacities and \;' 1~i~tl;'J : "!~lj'r" cap a b i 1 i tie s 0 f the b 1 in d rat her t h a non the i r ph Y sic a 1 " tj ~", ~'J"tJ i . 'l-,iJrij',;i,ir : $<il~iS,~bilitYI and )::t:l.i.::n{ 1.i~'t':'}f' "HEREA S , for m er ob s e rv an ce s 0 f "h i t e Cane "e e k have don e ."':f 111.1,., ;1., ~:'. h'It!:: :n.\much to dispel the outdated image of the blind as helpless shut- . ,,",'.:;. . .~. ". J. :: ';:~'v.i'iW : :r,i: ins and have shown them to be independently mobile and capable of .'~),;\T;i 1 'tU' contributing to the economic and social life of the community and i'!:};:fi.k,;!;; :':;~Jtheir neighborhoods 1 i,~l...'f!'!; . . r..'., ':". '," '~:~~j:;t 1'.::, . NO", THEREFORE, the New Hanover County Hoard of r:t";;:l;'" . ,r.g. Commissioners proclaims the week of May 15-21, 1987, as .~~!;~ I :;f;:jii:" . WHm CANRWEEK mlr~i?!l,: ':[1 in New Hanover County and urge all the citizens of the County to 1'fl:..I'II,' :;;.> recognize this week and that they assist our blind citizens in ~~. every way possible to become first-class citizens and an 'integral ';:"i, part of community life. I ,I:,:..,,;;. '. i' t': I' 1:1, ~ '1,' (;":': · ~, , ~ 1'; 1',.: ' :. : f~'il ~,:p': : ;~i(i:'ji I .; i No Ian O' Neal, Cha frman " '1:r::I;;;; ", ta~ JfiJY:.' . ~ . , ;~ V ' " , ,,', . . ............................................................................................................ ~~ 'ii:l~;i~;~~~ ~J ........................................................... \JVliDlUlU. 1l,ttllJLHJH ~ , 'r/t / g~ / DATE: S / &- i .....(.....:...~.. .;:;:-0, . . ~.ew 3JiUlitlU'tt' @tHml1:! llr t1 C I a lil at f fJ7H 1. il1Jut'~ uf QLuuuuinlltUtu~l".ti . :' '. Signed this day of May, 1987. ",,~. - '" ) ~ RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS the Board of Commissioners of New Hanover County hereby determines that it is necessary and in the pUblic ., . intere$i tQ ~$q~~r~,an ~n~erest in certain real property owned by . James E" 'Sneeden E'ti.lX' . ' for the public purpose stated in Exhibit A attached heretb and incorporated herein by reference; and . WHEREAS representatives of New Hanover County have been unable to acquire the needed interest in this property by negotiated conveyance; NOW, THEREFORE, BE IT RESOLVED as follows: 1. New Hanover County shall acquire by condemnation, for the public'purposes stated in Exhibit A, the property and interest described in said Exhibit A. 2. The New Hanover County Attorney is directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes to acquire the pr6perty interest herein described, ., ~ o , 19%2 ADOPTED this IfYlv day of (C '"'77 0) {1 ( -J'1, (), I LI'""ta,1I tJ /' tLd!-,", Chairman Board of County Commissioners A~ ~7~ . Clerk " RESOLUTION OF THE BOARD OF COMMISSIONERS , OF NE W HANOVER COUNTY .. -" - ".--'.- ......-...-.- WHEREAS the Board of Commissioners of New Hanover County hereby .determines that it is necessary and in the public intere~i t9 ~~q~~r~"an ~nterest in certain real property owned by 'Joseph P'. Nemargut'C1ud Wife Annie T. Nemargut ,iil- : for the pUblic purpose stated in Exhibit A attached heretb and incorporated herein by reference; and been unable to acquire the needed interest in this property "WHEREAS representatives of New Hanover County have by negotiated conveyance; NOW, THEREFORE, BE IT RESOLVED as follows: for the public'purposes stated in Exhibit A, the property and 1. New Hanover County shall acquire by condemnation, interest described in said Exhibit A. 2. The New Hanover County ^ttorney is directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes to acquire the property interest herein described. . -- ADOPTED this~;?~ day of ~/ Y , 19i1 ) ,." lL-1 j) /) ( ..1 ,.1 ' t"l.- d!/.j. L t/ ? a'df Chairman Board of County Commissioners Attest: ~t/~ Clerk RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS the Bo~rd of Commissioners of New Hanover County hereby determines that it is necessary and in the public ., . " . .intereElt_ tQ asqu..ir~"an interest in certain real property owned by 'EstonBrinkleyand 'Wife, Katie Brinkley' , ' for the public purpose stated in Exhibit A attached heretb and incorporated herein by reference; and "WHEREAS representatives of New Hanover County have been unable to acquire the needed interest in this property by negotiated conveyance; NOW, THEREFORE, BE IT RESOLVED as follows: 1. New Hanover County shall acquire by condemnation, for the public'purposes stated in Exhibit A, the property and interest described in said 'Exhibit A. 2. The New Hanover County Attorney is directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Stqtutes to acquire the property interest herein described, ADOPTED this /f/LJ day of ~~ , 19J!J7 ) " I , , )",1 // , 1-:1 7'2" .', (/ /~t&A C r:) td; , Chairman Board of County Commissioners Attest:. ./;/~ *Clerk RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS the Board of Commissioners of New Hanover County hereby determines that it is necessary and in the public " . jntere~1 tQ i~q~jr~,an interest in certain real property owned by , Cape' Fear Toyota' , ' for the public purpose stated in Exhibit A attached heretb and incorporated herein by reference; and '. WHEREAS representatives of New Hanover County have been unable to acquire the needed interest in this property by negotiated conveyance; NOW, THEREFORE, BE IT RESOLVED as follows: 1. New Hanover County shall acquire by condemnation, tor the public'purposes stated in Exhibit A, the property and interest described in said Exhibit A. 2. The New Hanover County Attorney is directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes to acquire the property interest herein desc~ibed. ~ ADOPTED this /r~day of ~ 1912 ) /./1 C? "1-' /-1 tc (l-/ I Chairman Board of I l) 7Zedlt: County Commissioners ~d/~ Clerk RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS County owns a 1972 Chevrolet Corvette, ID# 1Z37K2S524378, which County desires to sell; and WHEREAS G.S. 160A-266 authorizes personal property valued at less than Five Thousand ($5000.00) Dollars to be sold through private negotiation and sale; and WHEREAS an offer of Four Thousand Five Hundred ($4500.00) Dollars has been made for said property by Henry Michael Jones, of 226 Burbanks Road, Wilmington, NC; NOW, THEREFORE, BE IT RESOLVED that the County Finance Director is authorized to sell the above-described property at the above-stated price; provided that said sale shall not be consununated until ten (10) days after the publication of this resolution. This the ItA day of ~, 1987. ,) I A -)/1 t A1 --7') II j"/U!:' ,<L--t'L. Ll/ I /t./(a/{~ Nolan O'Neal, Chairman Board of Commissioners ~v~- Cle to the Board Appendix X Budget Amendment /11 New Hanover Adminislr<llive Unit Federal fund T!'Ie New Hanover County/City Board of Education at a meclin!} un the li.t.hday of April , 19J7passed the followin9 resulution. Se it resolved that the followinQ amenc~ents be made to the Budqet Resululion for the fiscal YC<lr end; n9 June 3D, 19]1. C'Jce !ju,,!:er Oescr; pti on uf Cudc ^ III 0 U n I I rlLt'. ,"." l:ccrCJSC (See Attached) E~pI3na!i or.: To agree with Federal Budget Status Report for 1986-87. Total Appropri ati on in Current Budget ArnQunt of 'ncrease/(Oecrease) of above Amend~ent Tolal Appropr; alion in Current Amended Budget. . . . . . . . . . .' $2,810,893 132,573 .2,943,466 P3s~ed ~, majcri Iy vote of the Board of 'Education of ~ ~ County/Ci ty on ~he / J.j>~ day of. ;(L~ 1 9 J'7. We the Uuard of Cuunly Commission~r~ ~f hereby appr'oyc tho chJn')os in Ihe C'lun! y ~ul!:)ol as i nrJicatcrJ :J!Jovl!, 3fld hayu mOldc cntr'y chanlJes un t 10 !!Ii nutu~ uf :;,Ii tlllllJru, lid. Ih,: ur / l'Jif.. Secretary, ::JarO 0 71 ~? I, /2'" ) / ~ /' ' -' .~~" (,/ 11>1,.[ () 7 uef Chairman, c0arO Of CUJn:y Comr.l1SSlur,ers x~~~~.~ _ j V'alr~3n, :oar.' ,'! ~ .Ie :10n.; ~/- ~~ \ ~~~ :~;." ! " " Appendix IX Budget Amendment If 2 New Hanover Count,y Administrative Unit State fund lhe New Hanover County/City Board of Education at a meeting on the ~day of April ' 19JL7 passed the following resolution. ge it resolved that the following amenoments be made to the ~udqet Resolution for the fiscal year endi n9 June 3D, 19 87 C'Joe !lu.,t:er Description of Cude A III 0 U n I I flU'" ,I'..I~ \:.;creJSC , (See Attached) [xp13natior.: lotal Appr~priation in Current Budget Am'Junt of I ncrease/lDecrease) of above Amend~ent lotal Appropriation in Current AClended Budget. . . . . . . . . . .. S35,993,O~3 _ 750,~67 ,'. .36.743.590 1 9 %7. We the Huard 01 Cuunty'Commissionijr~ ~f hereby 3Pprove tho cl1JnfJcs in Ihe Cllunl y ~u~qel 3S i nrliC3terl :.Illov\!, 3!1\lhavu m;,de cnlq ul Ihc'.u chanqes lIic mi nulu:; ut ';.,Ii d t1oJrd, Ihi:; Illl~ dilY uf ' 1'J.t2- Pas:;ed 'J'f I!\3jcri Iy vote of the Board of '[ducali on of1tw ~~ "" ' / '-I day of. /:t;?~ County/City on tile )2u&t~t &'7/li/~l! Chairman, cQard 01 CJJnty Co~r.lIssi"r,ers ----" Secretary. :JarO ot Appendix XIII Budget Amendment III New Hanuver Adminislr;Jlive Unil Current Expense r und The New Hanover County/City Board of Education at a meelinl) un the..l..!L- d;Jy of April , 1987, passed the following resulution. ge it resolved that the following amendments be made to the Hudqet Resulution for the fiscal YCJr e ndi ng Ju ne 30, I!:B 7 . C~de ~ul'lcer Oescri pti on uf Cude A m o u n t I flU""","" ,:..:crl'Jse 2-5100-22-121 Salaries - Teachers 3,556.00 2-5100-22-311 Contracted Services 1,500.00 2-5100-22-411 Instructional Supplies 6,650.00 2-5100-22-211 Employer Fica 255.00 2-5100-22-221 Employer Retirement 399.00 2-5100-13-332 Travel 750.00 Total 113.110.00 Exp lanat i or.: TQ:increase budget for additional State A) Sex Equity B) Pre-Post Test Item Bank Allotments and/or Grants for: $12,360.00 750.00 $13,110.00 I Total Appropri ati on in Current Budget AmQunt of Increase/(Decrease) of above Amendment Total Appropriation in Current Amended Budget. . S 17,515.884.00 13,110.00 17,528,994.00 19Y7. We the Uuard of Cuunty Commission~r~ ~f hereby appr-ove tho chJn'lCS in Ihe C'Junl y !ludgo I JS i nrli CJtcrl :lUOV!!, arid II;JVU milde entl'y ul thc:.u Chany~~~~c minutu:: uf :;,liJ IIoJrd, 'hi:; III" d<lY vr ~/ If ''JfL.7 Passed ~y maicri ty vote of the Board of Educati on of fttu, ~ fflJ-lAJ '" /I' 14 day of u:..-f1A~ County/Ci ty on the ~~a>f{~ : )/7 j' L1'2/!' / . it) (.,(C,Z./ - c/Lta.' Chairman, dL'Jrd 01 C~:Jnty Commissiur.ers Secretary, y~~ oj COJnly Cu~mlsS'une'5 .J RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by Centralized Purchasing at 11:00 o'clock a.m. on the 27th day of January, 1987 at City Hall, 102 North 3rd Street, Wilmington, North Carolina, and the following bids were received for Health Care Supplies, Bid No: NHC 7-786. AND WHEREAS, Centralized Purchasing, the Health Department, the Finance Director and the County Manager recommend that the contract be awarded to Owens and Minor, Raleigh, N. C., the lowest responsible bidder, for items 2, 4 and 5 at the prices stated in the bid document. AND WHEREAS, funds have been previously appropriated and are now in Account No. 110-510-5164-2000-4210-07 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for Health Care Supplies, Bid No: NHC 7-786, be awarded to Owens and Minor, Inc., for items 2, 4 and 5 at the prices stated in the bid document; and that the Chairman of the Board of County Commissioners or the County Manager is hereby authorized and directed to execute the contract on behalf of New Hanover County, contract form to be approved by the County Attorney and bid deposit to be retained until the successful bidder has executed and delivered the contract and, if required, satisfactory bond. BE IT FURTHER RESOLVED that the Purchasing Agent is hereby authorized to return to bid deposits of the unsuccessful bidders. May, 1987. '/,1,/) tJl}-1 e 't'c1..Le,(L c-' vita;- " Chairman, Board of County Commissioners RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids wer.e received and publicly opened by Centralized Purchasing at 11:00 o'clock a.m. on the 27th day of January, 1987 at City Hall, 102 North 3rd Street, Wilmington, North Carolina, and the following bids were received for Health Care Supplies, Bid No: NHC 7-786: AND WHEREAS, Centralized Purchasing, the Health Department, the Finance Director and the County Manager recommend that the contract be awarded to Wilmington Hospital Supply Co, Inc., Wilmington, N. C., the lowest responsible bidder, for items 1, 3 and 6 at the unit prices stated; AND WHEREAS, funds have been previously appropriated and are now in Account No. 110-510-5164-2000-4210-07 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for Health Care Supplies, items 1, 3 and 6 at the unit prices stated, Bid No. NHC 7-786 be awarded to Wilmington Hospital Supply Co, Inc., Wilmington, N. C.; and that the Chairman of the Board of County Commissioners or the County Manager is hereby authorized and directed to execute the contract on behalf of New Hanover County, contract form to be approved by the County Attorney and bid deposit to be retained until the successful bidder has executed and delivered the contract and, if required, ~atisfactory bond. BE IT FURTHER RESOLVED that the Purchasing Agent is hereby authorized to return to bid deposits of the unsuccessful bidders. (S 1987. 7~ p (. , ) l' It-'(lt '1, I {7 }J(,d_.L' Chairman, Board of County Commissioners ~dy~ . Clerk !;; ,~ ' .:':. , ':'. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY ... WHEREAS, after due advertisement, bids were received and publicly opened by Centralized Purchasing at 2:00 o'clock p.m. on the 12th day of May 1987 at City Hall, 102 North 3rd Street, Wilmington, North Carolina, and the following bids were received for One (1) 1987 Chevrolet Suburban: AND WHEREAS, Centralized Purchasing, the Airport Department, the Finance Director and the County Manager recommend that the contract be awarded to V. O. Chevrolet, Burgaw, N. C., the lowest responsible bidder, in the amount of Fifteen Thousand Seven Hundred Sixty Seven Dollars and Thirty Six Cents ($15,767.36); AND WHEREAS, funds have been previously appropriated and are now in Account No. 600-450-4530-06-6400 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of~' New Hanover County that the contract for One (1) 1987 Chevrolet Suburban be awarded to V. O. Chevrolet, Burgaw, N. C., in the amount of Fifteen Thousand" Seven Hundred Sixty Seven Dollars and Thirty Six Cents ($15,767.36); and that the Chairman of the Board of County Commissioners or the County Manager is hereby authorized and directed to execute the contract on behalf of New Hanover County, contract form to be approved by the County Attorney and bid deposit to be retained until the successful bidder has executed and delivereJ the contract and, if required, satisfactory bond. HE IT FURTHER RESOLVED that the Purchasing Agent is hereby authorized to return to bid deposits of the unsuccessful bidders. This 18th day of May, 1987. I ?U~'vL CJ .7ttee.,l Chairman, Board of County Commissioners J.\PPRO.VED BY tUliHll C~~IIERS .. 41~]~ ~ AN ORDINANCE GRANTING A FRANCHISE TO CABLE TV FUND VllI-B, LTD. TO CONSTRUCT AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE UNIN CORPORA ;rED AREAS OF NEW HANOVER COUNTY, NORTH CAROLINA THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY, NORTH CAROLINA, ORDAINS: SECTION L GRANT AND .TERM. Subject to the terms and conditions of the New Hanover County CATV Ordinance and the other terms and conditions of this Ordinance, Cable TV Fund VlII-B, Ltd., a Colorado limited partnership (herein the "Fund"), its successors and assigns, if; hereby granted for the term of fifteen (15) years from and after March 1, 1987, the right, privilege and franchise to construct or have constructed, extend, operate and maintain a cable television system in the unincorporated areas of New Hanover County, North Carolina for the purpose of providing cable television service to the citizens of the unincorporated areas of New Hanover County, and for that purpose to erect, install and construct upon, across, beneath and along any street or road all necessary cable and other equipment and facilities as may be necessary and appurtenant to the cable television system, subject to present and future ordinances of the County relating thereto. In addition, this right, privilege and franchise shall extend to property rented or leased from other persons, including but not limited to any public utility or other grantee, franchisee or permittee, in order to do business in the unincorporated areas of New Hanover County. The cable television system and service herein franchised ("The System") shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of New Hanover County and no other purpose whatsoever. SECTION H. NON-EXCLUSIVE. The right herein granted to construct and 'operate a cable television system and service shall be non-exclusive, and New Hanover County reserves tJ:1e right to grant similar franchises to any person or per,sons at any period during the present franchise or any extension thereof. SECTION m. CONSTRUCTION, EXTENSION AND MAINTENANCE.OF SYSTEM. All highways, roads, streets, sidewalks, avenues, alleys, bridges and other public and private places that may be disturbed or damaged in the construction, extension, or maintenance of the cable television system, shall be promptly repaired or replaced by the Fund, at its own expense. All poles, wires, cables or other facilities to be construtted or installed within the streets or roads shall be constructed or installed only at such locations and, depths and in such a manner as to comply with all state :f statutes and rules and regulations of the North Carolina Department of Transportation, or other agency of competent jurisdiction, and said Department of Transportation 'or other agency of competent jurisdiction must approve such construction and maintenance. All facilities constructed or installed within the streets or roads shall be so constructed and installed so as to cause minimum interference with the proper use of said streets or roads, and minimum interference with the property rights of property owners adjoining said streets or roads. Said facilities shall be constructed or installed so that, after construction or installation is complete, they shall cause no interference with property rights of owners or property adjoining said streets or roads. In the event the Fund shall fail to replace or repair any of the said public and private facilities within ten (10) working days after written notice to do so from the New Hanover County Manager, the same may be replaced or repaired by the proper authorities of New Hanover County, North Carolina, and the Fund in that event, shall forthwith pay to the County the cost of such work. SECTION IV. ORDINANCE APPLICABLE. The Fund shall be subject to all laws and ordinances relative to the use of aU public facilities, relative to cable television systems and operations, and where appropriate, relative to planning ordinances, policies and procedures. SECTION V. LOCATION-MAPS. The Fund agrees to maintain in the office of the New Hanover County Manager copies of all maps showing the location of all its wires, cables and other fixtures situated within the unincorporated areas of New Hanover County. SECTION VL THE SYSTEM AND rrs OPERATION. A. The Fund agrees to continue to operate and extend, its present cable communication system in the unincorporated areas of New Hanover County in accordance with all applicable Local, State and Federal laws, ordinances and regulations. The legal, financial and technical qualifications of the Fund and its proposed transferee, Masda Corporation, have been examined and approved by New Hanover County. B. The Fund agrees: (i) To extend into areas of 30 residences density per mile of cable plant, average, as measured from the end of existing plant, so long as such areas are not served by another cable operator. , (ii) Upon seven (7) days notice and without charge the Fund shall provide local origination production equipment and facilities not more than four (4) times each year for taped broadcast at the instance of the County. / - . " SECTION VD. ACCEp.TANCE OF FRANCHISE. This ordinance shall not be valid unless accepted by the Fund within the time and in the manner provided in the New Hanover County Cable Television Ordinance, said acceptance to be in writing and in such form and executed in such manner as to be valid and legally binding acceptance. SECTION VID. GRANTEE'SREPRESENTATION AND COVENANTS. The acceptance of this franchise ordinance by the Fund shall constitute representations and covenants by it that: A. It accepts and agrees to all of the provisions of this Ordinance and those instruments incorporated herein by reference; B. It has examined all of the provisions of this and the New Hanover County Cable Television Ordinance and waives any claims that any provisions hereof ar.e unreasonable, arbitrary or void; C. It recognizes the right of the County to make reasonable amendments to the franchise ordinance or franchise agreement during the term of the franchise, provided, that no such change shall compromise the Fund's ability to perform satisfactorily its obligations or rights under this ordinance. D. It acknowledges that its rights hereunder are subject to the police power of the County to adopt and enforce general ordinances necessary to the safety and welfare of the public; and it agrees to comply with all applicable general laws enacted by the County pursuant to such power; E. In addition to the standards of construction, maintenance and operation set forth in the New Hanover County Cable Television Ordinance, and subject to the provisions of the Cable Communications Policy Act of 1984, it will meet the standards of the cable television industry related to signal quality and technical standards of construction, operation and maintenance of the system and the state of the art of the industry. This performance shall be subject to periodic review by the County. SECTION IX. INSURANCE. PENAL TIES AND ENFORCEMENT. Remedies for Breach and Contravention of Franchise: A breach of the Fund of the franchise agreement, in addition to constituting a breach of contract, shall constitute a violation of this ordinance. The cost of any litigation incurred by the County to enforce this ordinance or the franchise granted pursuant hereto, or the franchise agreement or in relation thereto, or in relation to the cancellation or termination of a franchise, shall be reimbursed to the County by the Fund. Such costs shall include filing fees, costs of depositions, discovery, and expert witnesses, all other expenses of suit, and reasonable attorneys' fees. / ,. Violation of material provisions of this ordinance shall subject the Fund to the following penalties: ,A. Failure of the Fund to meet performance standards, as determined by the County Manager, to which it has agreed, shall subject the Fund to a penalty of FIFTY DOLLARS ($50.00) per day provided that the County Manager shall have given written notice of the failure to the Fund, allowing the Fund sixty (60) days within which to correct such failure. B. For failure to pro~ide data and reports as requested by the County Manager or the Board of Com missioners and as required by this ordinance, after the Fund has been given written notice of such failure and thirty (30) days within which to correct such failure, the penalty shall be FIFTY DOLLARS ($50.00) per day for each day not delivered. C. For failure to complete construction, extension and installation of the cable system, unless the Board of Commissioners approves the delay because of reasons beyond the control of the Fund, and after the fund has been given written notice of suet) failure and sixty (60) days within which to correct such failure. The penalty for such failure shall be FIFTY DOLLARS ($50.00) per day. D. The Fund may appeal any penalty which it considers unreasonable to the Board of Commissioners, and such determination by the Board of Commissioners shall be conclusive, provided, however, that the Fund shall have full recourse to a General Court of Justice as provided by law. SECTION X. MASADA CORPORATION PURCHASE. This franchise is granted in contemplation of the anticipated sale by the Fund of the system to Masada Corporation which transaction is scheduled to be consumated on or about May 30, 1987. This sale and transfer of the franchise is specifically approved. SECTION XI. PERFORMANCE BOND. With its acceptance hereof, the Fund shall post or file, as the case may be, a Letter of Credit or a Performance Bond in the amount of Ten Thousand and No/lOOths ($10,000.00). . SECTION XII. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its final adoption by the Board of Commissioners of New Hanover County, North Carolina. FIRST adopted by a first reading and passage at a regular meeting of the Board of Commissioners of New Hanover County on the 4th day of May, 1987 and I - " FIN ALL Y adopted by a second reading and pass~e at a reg~eting of the Board of Commissioners of New Hanover County on thejJ'.b0 day of ' ' /" , 1987. - j J BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY, NORTH CAROLINA By: 7 ~ & !Jl 7 A t1 ", -' ) . ,/,<' / It.-I)- (t,{."[;,, 'I/U ' . Nolan O'Neal, Chairman ATTEST: ~if/~ Clerk of the Board I ;: Approved as to form: County Attorney This Franchise is hereby accepted this ~ day of , 1987. CABLE TV FUND VII-B, LTD., a Colorado limited partnership By: Jones Intercable, Inc., a Colorado corporation or general partner By: Charles G. Railey, Fund Vice President ATTEST: Charles P. Northrop /Secretary Jones Intercable, Inc. This Franchise is hereby accepted this day of the consummation of the sale referred to in Section X above. , 1987, subject to MASADA CORPORATION By: President ATTEST: Secretary (CORPORATE SEAL) , . ~' , . " NORTH CAROLINA ) ) SSe NEW HANOVER COUNTY) I, a Notary Public in and for the state and county aforesaid, 00 hereb .,c tify that L e F. Harrell personally appeared before, and being duly sworn, says that she knows the common seal of New Hanover County and is acquainted with Nolan O'Neal who is Chairman of the Board of County Commissioners, an that she, the said Lucie F. Harrell, is Clerk of New Hanover, and saw the said Nolan O'Neal, Chairman of the Board of County Commissioners, sign the foregoing instrument and saw the said common seal of said County of New Hanover affixed to said instrument by said Chairman, and that she the said Lucie F. Harrell, Clerk as aforesaid, signed her name in attestation of the due execution of said instrument in the presence of said Chairman of the Board of County Commissioners. WITNESS my han? and notarial seal this the /!:l!fday of ~ ' " , 1987. ~>, ~~ ~~, 1~:0;' /~;.; ~ Notary pubr ,'- (J(t A:' .'/ ')T'" ~"'";-,j ~i Si~~~ ~;lii;e Q 7- (\' l'nUCJ (j " \~EA:liY~ '~0' ~'h ~~~~ff STATE OF., COUNTY OF " , I, ' , a Notary Public of said County and State certify that Charles P. Northrop personally carne before me this day, and acknowledged that he is the Secretary of Jones Intercable, Inc., a Colorado corporation as the general partner of Cable TV Fund VIII-B, Ltd., a Colorado limited partnership and tha~ by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by Charles G. Railey, Fund Vice President, sealed with its corporate seal, and attested by Charl~s P. Northrop as its Secretary. WITNESS my hand and Notarial Seal, this the _ day of , 1987. Notary Public My Commission Expires: / (NOTARIAL SEAL) STATE OF COUNTY OF - I, " . a Notary Public in and for the aforesaid County and State do hereby certify that personally appeared before me this day and acknowledged that he/she is the Secretary of MASADA CORPORATION, and that by authority duly given and as the act of the said corporation, the foregoing instrument was signed in its name by its ,'. President, sealed with its corporate seal, and attested by h_self as its Secretary. WITNESS my hand and notarial seal, this the ,. day of ,. . 198_. My Commission Expires: Notary PUbl,ic (NOTARIAL SEAL) -. " NEW'HANOVER COUNTY TAX COLLECTIONS CONSE[\rr AUi!~[~~Ol\ DA'rE~'i1 ITEM No. ~L - '. Collections thru April 30, 1987 Charged Per Scrol I Discoveries Added 1986 $27,236,624.38 2,719,357.98 $29,955,982.36 158,276.81 $29,797,705.55 -28,763,323.50 $ 1,034,382.05 96.53% 1985 $25,267,542.71 2,518,099.71 $27,785,642.42 112,660.92 $27 ,672,981.50 -26,630,505.75 $ 1,042,475.75 96.23% li:-' ~7) :t. _ Less Abatements Tota I Taxes Due Collections to Date Outstanding Balance Percentage Collected Fire District Charged Per Scrol I Discoveries Added $ 755,441.29 123,193.58 $ 878,634.87 72,979.41 $ 805,655.46 778,770.57 $ 26,884.89 96.66% $ 736,573.62 $ 802,564.29' 3,099.14 4,457.69 - 393,168.66 455,567.36 $ 340,305.82 $ 342,539.24 53.60% 57.08% $ 1,199,783.04 $ 1,082,045.50 30,478.56 17,142.01 134,647.95 132,035.40 $ 1,034,656.53 $ 932,868.09 11.52% 12.40% Less Abatements Total Taxes Due Collections to Date Outstanding Balance Percentage Collected Back Taxes Real Estate Taxes Less Abatements Collections to Date Outstanding Balance Percentage Collected Personal Property Taxes Less Abatements Collections to Date Outstanding Balance Percentage Collected Room Occupancy Tax Collections April - $44,440.80 fiscal YTD $561,817.36. Prlvl lege License Collections April - $ 567.50, fiscal YTD $21,639.97. EMS Collections April - $ 20.00, fiscal YTD $982.80. Total money processed through Collection Office for New Hanover County, City of Wilmington, Wrightsvll Ie Beach, Carolina Beach, and Kure Beach to date _ $46,053,860.17 . This report is for fiscal year beginning July 1, 1986 (also includes collections for June 30, 1986). Respectfully submitted, .:p ~h-1 M ~. k2a ~'""\./ Patr I c I a J. ~~..;nor U Col lector of Revenue PJR:sw ..~ ~'" ~ ". Consent Agenda Abatements and Refunds May 8, 1987 ...:;~ Request the following taxes be released as the taxpayer reported incorrect or incomplete information at the time of listing: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. Aaron, William John Adams, George Joseph Back, Mark Vinson Bishop, Robert Ellis Block, Peggy Smith Brunson, Robert Arnold Burney, John Jay Jr. Cashwell, Sandra Lowe Cooper, William Mitchell DeHart, Mickey Darwin DeVore, Jay Douglas Etzler, William Eugene Franks, Sadie Lee Freedland, Robert David Gainey, Murray Jefferson Gainey, Murray Jefferson Sr. Giacalone, Conrad Lee Henson, Joseph Donald Sr. Hersey, Pamela Carroll Hines, Caroline Massey Houston, Roy Wayne Hughes, Donald Ray Sr. Kaiser, Bruce John KaIner, Theodore Roosevelt Knight, Belinda Carole Malloy, Ernest McQueen, Ida Belle Parker, Robert L. Sr. Perry, Adrain Haywood Pinto, Robert Andrew Pittman, Jerome Garrie Potter, Martin Steve Powell, Danny Michael Prevatte, Robert Charles Redwind, Marvin Robinson, James William Sidberry, Daisel Jr. Sikes, Leslie Wade Jr. Singletary, George Smith, Marrow Teachey, Charles IV Todd, Michael Daniel Ward, Kimberly Christine Whitman, Fred Aubrey Williams, Patricia Ba$s Worthington, Lynn Eason Wright, Susan Wolf $ 54.35 41. 69 102.29 12~15 134 . 19 75.20 41.44 118.41 55.87 46.24 31.56 11.39 22.78 316.40 8.83 21.09 15.47 18.90 36.71 93.25 54.21 30.22 18.36 48.47 177 . 50 95.63 166.01 81. 33 12.13 66.86 17.26 26.41 44.43 106.60 96.41 27.17 19.23 121. 90 169.75 97.27 6.64 68.46 3.68 36.25 35.61 42.06 90.67 \- ~, .... \, -)'. ~ (1985 and 1986) (1985 ) (Refund) (1985 ) (1983 ) (1985 ) (1981 and 1982) (1985 and 1986) (1985 ) (1983 ) (1979 - Refund) (1985 - Refund $107.25) (Refund) ,~ ...-. Consent Agenda Page 2 May 8, 1987 R~quest the following taxes be released as they are double charged: 1. Burton, Clifford Eugene $ 31.42 (1984 ) 2. Duvall, James R. 43.02 (1984 - Refund) 3. Edwards ,Eugene 370.20 4. Hunnicutt, Charles Jeffrey 30.65 5. Loughlin, Howard M. Kingsland 603.18 (1977 - 1982) 6. Outcalt, Dorothy Hopkins 91.37 7. The Travelers 6.03 8. Tynes, Michael S. 16.83 9. Walsh, Joseph Terence 72.11 (Refund) 10. Webb, Nelson 77 . 84 Request the following taxes be released as the property is not located within city or town limits: 1. McAllister., Donald Steven 42.83 (1983 ) 2. Outcalt, Dorothy Hopkins 60.42 3. Pegram, Michael Lee 18.02 (1984 ) 4. Pigford, Tony R. 130. 71 5. Teachey, Wilbur Murle 119.47 (1983 - 1986 Refund $99.45) 6. Williamson, Hubert Lee 103.59 7. Woodcock, Kathy Jane 29.37 Request the following taxes be released as these charges are due to clerical errors of failing to give depreciation on equipment; and penalties charged in error: 1. Greyhound Capital Corporation 2. Ward, Donnie W. 3. Webb, Genelsa Winford 122.11 47.16 (Refund - 1985) 7.78 Request the following taxes be released as the taxpayer was entitled to Senior Citizen Exclusion and did not receive it: 1. Habib ,George 138.00 (Refund) Request the following, EMS charges be released as these charges were paid to Comprehensive and should not have been charged by the tax department: 1. Gray, Michael E. 2. Justice, Charles Ervin, Sr. 60.00 60.00 :sw Copy: R. Pope - County Attorney L. Harrell - Clerk to the Board C. Beatty - Listing Supervisor P. Raynor - Collector of Revenue E. Wells - Business Listing Supervisor Internal Auditor ~/ " " o;ucl ,/ Bff.:'\)F ..i /:.hD VC~t.~F.1ED qr:.8EG.!,:;;~? TUyK[R EEC:STEH Of: C,EfPS STATE OF NORTH CAROLINA 11EW HMlOVER co, NC : 300/', PiCE 1375 1934 COUNTY OF NEW HANOVER MAYLO 12 51 FH '81 BEFORE THE BOARD OF COUNTY COMMISSIONERS In the Matter of Closing A Portion of Unnamed Alley ORDER' , 'f\.~ It appearing to the Board of County Commissioners of New Hanover County that a Resolution of Intent to close a portion of an unnamed alley was adopted by the County Commissioners on the 21st day of April, 1987 and it further appearing that said . resolution called for a hearing ,to be held on the 18th day of May, 1987, at which time the County Commissioners would hear complaints and comments of interested persons, and it further, appearing that notice of said hearing was published in the Wilmington Star News Newspaper in accordance with the Road Closing Ordinance of New Hanover County, and after conducting such hearing the County Commissioners are of the opinion that a portion of an unnamed alley in the County of New Hanover should be closed and are satisfied that the closing of same is not contrary to the public interest, and that no individual owning property in the vicinity of the roads will be deprived of reasonable means of ingress and egress to his property by such closing: the legal description of said road being as follows: Being a portion of an unnamed alley (10 foot right-of-way) in Harnett Township, commencing at theintersection with Dick Avenue extending east approximately 1501 ,thence 250' north to termination and properly recorded in Deed Book 52, Page 563'of the New Hanover_County Registry. NOW, THEREFORE, IT IS ORDERED AND DECREED that the above described road be and the same is hereby closed. It is further ORDERED that a copy of this order be filed in the ,Office of the Register of Deeds of New Hanover County, North Carolina. Adopted this the 18th day of May , 1987. ~'</~ Luc'eF. Harrell, Clerk J1;;-/A~I/ ()t It/}Jj! CHAIRMAN ' RETU~ED TO .. ~'\J..L\\:L ,5 t-:\H Co. pI 0.,," ;" C) 3'11,'1 "'~ ./ \ BOOr:, \ I. JAMES TAYLOR HEIRS 2, DEWEY BORDEAUX JR 3, MICHAEL ANDREWS 4, N, HANOVER CO, ALCOHOLIC BOARD 5, GAl LASH 6, RO\ HAWKINS JR 7, LEON MAVROLAS 8, LEON BRISSON '-"",7",:. '-'IC" ( ( '~-----... J~ I/~I (: II VI j-- ~ 19 ~ .~. ~ . -:-- ~ ..~ /'~ /-~ ~.... ,~ ~ ~ ,.... ~ (}'\, 1\ ,~,. "\ ~j \".., y '~ ~ ~ " "/;t Q Q:: ~ ~ ~~ ~ ~\1 ~ 1..u \J':l ~ ~~\)'- t\J.'-.I' V\j~ ~ ...... ~ J 4/".10';0' ~"" '{j ~ ~ ....~) , , BOllI', 1375 "~ ~ q:. ~ ~. ''''\ ?,AGE 1936 N ~ "-... ~ ~ Cl' .' ~ t ~, ~ ~~~t~~ ~ ~ ~ ~: ~ ,~ ~\~~~~ ~~tl$~, l\~"~t ~,~~~~ , '- .. ~ ..- ~\. "'\)~"'''''' ,,~"..~-- ~ " ~ ~ ~. ~ \.~....~~" () ~ ~ ~ ~ ~ " ~~~'''4''~ \. \)~~~ ~ ~ ~ ~,~ ~.~ q)() ~lItq<ll ~~~~: ~~ t ~ , ~ ~, '/' ~ <<;) ~ <. '" ---, ... " ,.~~, . ':~;,?' f~<";"ii!'"' .>"~~. )'.~. ":'~:~;',.,::~.,,1:!J.~. "'~"ftoi ..,"',.,...."". -pt-'::.;. ~. ", . ~':;\;:lR.}~t. 'rHh ,,';.~ __ .~'l ............................................................................................................ .~~ 1;' , c ,t, .. : :i;ffi~ fJJoaf~ of (!toulmissionefs ,. , ~ ';1 ,New llul1uuer <!tuuntu l( ~ roc 1 a 11t at t 0 tt WHEREAS, the National Federation of the Blind of New Hanover County is a broadly based and fully representative organization , the blind in the county~ and WHEREAS, membership in the National Federation of the Blind ,?pen to all blind persons living or working in this area~ and WHEREAS, membership of the National Federation of the Blind will again this year observe the week of May 15-21 as White Cane Week, during which time our purpose will be to focus the attention of the general public on the useful capacities and capabilities of the blind rather than on their physical sability~ and , , WHEREAS, former observances of White Cane Week have done "much to dispel the outdated image of the blind as helpless shut- ins and have shown them to be independently mobile and capable of ~{1contributing to the economic and social life of the community and :G~!~heir neighborhoods~ t(~.;:.~ '. J~.j' NOW, THEREFORE, the New Hanover County Board, of f/~Commissioners proclaims the week of May 15-21, 1987, as ..'>:I~ . -ii WHITE CANE WEEK New Hanover County and urge all the citizens of the County to recognize this week and that they assist our blind citizens in every way possible to become first-class citizens and an integral p~r~ of community life. . : ',~ ',': Signed this 19~day of May, 1987. 1tt4"n 0 L 72w.t Nolan O'Neal, Chairman . .. . . . .... . .. .... . . .. . .. . . .... . . . . . . . . . .. . .. . ... .. .. . .. .... . . .. .. ...... .. . ... .. . . . . .. .. . .. . - '-, -->"~ ~. ~; '1), 7" S, ;'''- BOor: P AG E RECOP'[iED MiD VER'FIED ,~cBECCA P. TUCKER REGISTEH OF DEEDS NEW HM"OVER CO, NC I 3 83 0 7 8 7 STATE OF NORTH CAROLIltltil 16 ~ 32 fH '87 COUNTY OF NEW HANOVER BEFORE THE BOARD OF COUNTY COMMISSIONERS IN THE MATTER OF RENAMING 0RDINANCE A PORTION MASONBORO LOOP ROAD (SR 1492) 79 It appearing to the Board of County Commissioners of New Hanover County that consideration has been given to the official renaming of a portion of Masonboro Loop Road (SR 1492), located in Masonboro Township commencing from the southeastern Corporate Limits of Wilmington extending 3,300 feet southeast to its intersection with Masonboro Sound Road and recorded as part of Plat Book 5, Page 112 and it further appearing that a public hearing was held on Monday, May 18, 1987 at which time all persons were heard on the question of whether or not the naming would be in the public interest, and it further appearing that notice of said hearing was transmitted to all resident owners and prominently posted in at least two (2) locations along said road, and published in the Star News local newspaper, and the Board of County Commissioners is of the opinion that said road in New Hanover County should be renamed and the naming of same is in the pUblic interest, the description of which is delineated on the attached exhibit. ! NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above described road is hereby renamed Pine Grove Drive. IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the office of the Register of Deeds of New Hanover County, North Carolina, and that notice of the action taken by the Board of' County Commissioners be transmitted to the postmaster having jurisdiction over the road, the North Carolina Board of Transportation and to any city within five (5) miles of said road in accordance with N.C. General Statute 153-240. This the 18th day of May, 1987. BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY, NORTH CAROLINA BY~ 7M~v~() I ?tt!~1! CHAIRMAN ~Awt- P/~'\A~/ ~ '6~fv-r1~f\-I: fr " "' ... , ,- ..; HOUSE NUMBERING ASSIGNMENT · AND ROAD RENAMING ~om:MASONBORO LOOP ROAD To: PINE !GROVE DRIVE Scale: 111= 4001 ..l~.L---"'7 . + 29 / STATE OF NORTH CAROLINA BEFORE THE BOARD OF COUNTY COMMISSIONERS COUNTY OF NEW HANOVER IN THE MATTER OF ASSIGNING STREET HOUSE NUMBERS ORDER It appearing to the Board of County Commissioners of New Hanover County that consideration has been given to the assignment of house numbers on Pine Grove Drive, located from the southeastern Corporate limits of Wilmington extending southeast with its intersection with Masonboro Sound Road, numerical range 1100 to 1400. WHEREAS, ready and accurate identification of developed property is important for the delivery of general County services, for the operation of commercial enterprises, for the response of emergency and public safety vehicles, and for the convenience of the general public; and WHEREAS, a comprehensive and systematic property numbering system is an efficient means of identifying property within the County; and WHEREAS, such a system will promote the health, safety, and welfare of the citizens of New Hanover County. THEREFORE, it further appearing that a public hearing was held on the 18th day of May, 1987, at which time all persons were heard on the question of whether or not assigning house nUmbers would be in the public interest, and it further appearing that notice of said hearing was prominently posted in at least two (2) locations along said street, that notice of the time, place and subject matter of the hearing was prominently posted at the County Courthouse, and published in a newspaper of general circulation in the County. NOW, THEREFORE, it is 'ordained and decreed that the above House Number Assignment be made. It is further ordered that a copy of this ordinance be transmitted to the postmaster having jurisdiction over the road, to the Board of Transportation, Sheriff's 911 dispatcher and to any city within five mile of said road in accordance with N.C. General Statute 153A-240. ! Adopted this the 18th day of May , 1987. 71, jl /l l7'I' ./;/ v t{}'lc1t t (." ti.~t!,( CHAIRMAN, COUNTY COMMISSIONERS ( STATE OF NORTH CAROLINA BEFORE THE BOARD OF COUNTY C0MMISSIONERS COUNTY OF NEW HANOVER IN THE MATTER OF RENAMING ORDINANCE A PORTION MASONBORO LOOP ROAD (SR 1492) It appearing to the Board of County COIT@issioners of New Aanover County that consideration has been given to the official renaming of a portion of Masonboro Loop Road (SR 1492), located in Masonboro Township commencing from the southeastern Corporate Limits of Wilmington extending 3,300 feet southeast to its intersection with Masonboro Sound Road and recorded as part of Plat Book 5, Page 112 and it further appearing that a public hearing was held on Monday, May 18, 1987 at which time all persons were heard on the question of whether or not the naming would be in the public interest, and it further appearing that notice of said hearing was transmitted to all resident owners and prominently posted in at least two (2) locations along said road, and published in the Star News local newspaper, and the Board of County Commissioners is of the opinion that said road in New Hanover County should be renamed and the naming of same is in the public interest, the description of which is delineated on the attached exhibit. NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above described road is hereby renamed Pine Grove Drive. IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the office of the Register of Deeds of New Hanover County, North Carolina, and that notice of the action taken by the Board of County Commissioners be transmitted to the postmaster having jurisdiction over the road, the North Carolina Board of Transportation and to any city within five (5) miles of said road in accordance with N.C. General Statute 153-240. This the 18th day of May, 1987. BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY, NORTH CAROLINA BY~ 1 I Z 1 / I r) .." /.:t ." -1i!td<J/t'L [i leal CHAIRMAN 11 l HOUSE: NUMBERING ASSIGNMENT . AND ROAD RENAMING ' ~om:MASONBORO LOOP ROAD To: 'P,INE GROVE DRIVE ',' II I Sca!e: I = 400 k. . ~i .. ':F',~ J '.,- .. . --- -~~ ---- ~, ~ " ~7 +_ ~ 30 6 29 /