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HomeMy WebLinkAbout1985-12-02 RM Exhibits ~ \ ~ ARTICLES OF INCORPORATION OF NEW HANOVER CONVENTION AND VISITORS BUREAU, INC. A NON-PROFIT CORPORATION ~ We, the undersigned natural persons of the age of eighteen years or more, do hereby associate ourselves into a non- profit corporation under the laws of the State of North Carolina, pursuant to Chapter 55A of the General Statutes of North Carolina, enti tIed "Non-Profi t Corporation Act", and the several amendments thereto, and to that end do hereby set forth: I. NAM E The name of the corporation is New Hanover Convention and Visitors Bureau, Inc. II. DURATION The period of duration of the corporation shall be perpetual. III. PURPOSES The purposes for which the corporation is organized shall be limited exclusively to charitable, scientific and educational purposes and, subject to this limitation, are: 1. 'Io provide a cooperative, on-going forum for visitor, industry and visitor-related organizations; 2. To develop and grow the visitor industry ln a planned, quality manner; 3. '1'0 preserve, protect, and maintain the visitor economy of New Hanover County; 4. To provide an effective organization that can create and respond to opportunities in a timely fashion; 5. To operate a full-service, professional visitors and meetings program; 6. To raise funds to operate a full-service visitors program through membership fees, grants, contributions, projects receipts, room occupancy taxes and other appropriate sources; " 7. '1'0 recrui t, train and develop a skilled, effective staff to deliver programs; 8. To educate members and key publics to an awareness of the visitor industry - its issues and opportunities. 9. Generally to engage in any other lawful enterprise or activity and to do and perform all acts and things that may be deemed necessary or expedient for the proper and successful prosecution of the objects and purposes for which the corporation is organized. IV. ORGANIZATION AND OPERATION The corporation is organized and shall be operated exclusively for the charitable, scientific and educational purposes set forth in Article III. 'l'he corporation shall not have members or capital stock and no stock or shares shall be issued. No incorporator, trustee, director or officer shall at any time be considered to be the owner of any of the assets, property or income of the corporation, nor shall he, by distribution, liquidation, dissolution or in any other manner, be entitled to or receive any of said assets, property or income, all of which shall be devoted exclusively and forever to the purposes of the corporation or disposed of and hereinafter provided. The corporation is not organized and shall not operate for profit, and no part of its net earnings shall inure or may lawfully inure to the benefit of any private shareholder, incorporator, trustee, director, officer or individual. The above provisions, however, shall not prevent the payment of reasonable compensation to any persons, organization, firm or corporation for services rendered to this corporation. No substantial part of the activities of the corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation. 'I'he corporation shall not participate in, or intervene in (including the publishing or distributing of statements) any political campaign on behalf of any candidate for public office. The corporation shall not lend any part of its assets, property or income to any incorporator, trustee, director or officer of, or any substantial contr ibutor, to the corporation, to any member of the family or any such person, or to any corporation controlled by any such person; nor shall the corporation pay any compensation in excess of a reasonable allowance for. salaries or other compensation for personal services actually rendered, to any such persons or corporation; nor shall the corporation make any part of its services available on a preferential basis to any such persons or corporations; nor shall the corporation make any substantial purchase of securities or other property to any such persons or corporations for other than an adequate consideration in money or money's worth; nor 2 " shall the corporation engage in any other transaction which results in a substantial diversion of its assets, property or income to any such persons or corporations. The corporation shall not (i) accumulate its income if any such accumulations are unreasonable in amount or duration in order to carry out the charitable, scientific and educational purposes for which it is organized or (ii) use any such accumulated income for purposes or functions other than the charitable, scientific and educational purposes for which it is organized or (iii) invest any such accumulated income in such a manner as to jeopardize the carrying out of the charitable, scientific and educational purposes for which it is organized. 'l'he corporation shall distr ibute its income for each taxable year at such time and in such manner as not to subject the corporation to the tax provided by Section 4942 of the Internal Revenue Code of 1954, as amended. The corporation shall not engage in any act of self-dealing as defined in Section 4941 (d) of the Internal Revenue Code of 1954, as amended, shall not retain any excess business holdings as defined in Section 2943 (c) of said Code, shall not make any investments in such manner as to subject the corporation to tax under Section 4944 of said Code and shall not make any taxable expend i tures as def ined in Section 2945 (d) of said Code. The references herein to the Internal Revenue Code of 1954, as amended, shall include the regulations issued thereunder and the corresponding provisions of subsequent United States Internal Revenue laws and regulations. It is intended that the corporation shall qualify as an organization (i) which is exempt from income taxes under the United States Internal Revenue Code of 1954 and corresponding provisions of subsequent United States laws and under any applicable laws of the State of North Carolina from time to time in effect and (ii) contributions to which are deductible for income, gift and estate tax purposes under said Internal Revenue Code of 1954 and corresponding provisions of subsequent United States laws and under any applicable laws of the State of North Carolina from time to time in effect. In the event the corporation fails or becomes unable to carry out its purposes, or is liquidated or dissolved, voluntarily or involuntarily, the assets and property of the corporation, after payment or arrangement for payment of its debts and obligations shall be donated, transferred, conveyed and delivered to one or more corporations, societies, associations or organizations which in the judgment of the trustees are engaged in activities similar to those of this corporation and will more nearly carry out its purposes and (i) which are exempt from income taxes under the United States Internal Revenue Code of 1954 and corresponding provisions of subsequent United States laws and (ii) contributions to which are deductibale for income, gift and estate tax purposes under said Internal Revenue Code of 1954 and corresponding provisions of subsequent Uni ted States laws; provided, that any funds or property held by the 3 corporation upon any condition requiring the return, transfer or conveyance of said funds or property, or the unused portion thereof, upon the happening of any such contingency shall be returned, transferred or conveyed in accordance with said condition. In the event of dissolution, the residual assets of the organization will be turned over to one or more organizations which themselves are exempt as organizations described in sections SOl (c) (3) and 170 (c) (2) of the Internal Revenue Code of 1954 or corresponding sections of any prior or future Internal Revenue Code, or to the Federal, State, or Local government for exclusive public purpose. ~ Notwithstanding any other provisions of these articles, this corporation shall not carryon any other activities not permitted to be carried on by (a) a corporation exempt from Federal income tax under section 501 (c)(3) of the Internal Revenue Code of 2954 or the corresponding provision of any future United States Internal Revenue Law or (b) a corporation contributions to which are deductible under section l70 (c)(2) of the Internal Revenue Code of 1954 or any other corresponding provision of any future United States Internal Revenue Law. v. MANAGEMENT The Management of the activities, affairs and property of the corporation shall be vested in a board of directors consisting of fourteen directors, said number to be fixed from time to time by the bylaws of the corporation. Each director shall hold office for the term of office to which he is elected and until his successor is elected and qualified or until his earlier resignation, incapacity, removal or death. The directors shall possess such qualifications, be elected and qualified in such manner, serve for such term and upon such conditions, have such voting rights, exercise such powers and perform such duties, in addition to those conferred upon them by statute, as may be prescribed by the bylaws of the corporation. The board of directors may adopt bylaws, not inconsistent with these articles of incorporation or the laws of the State of North Carolina, for the management and control of the corporation, and may alter, amend and repeal any provision or provisions thereof from time to time as therein provided. 'l'he board of directors also may promulgate and amend from time to time sui table policies and rules and regulations governing the work and activities of the corporation, the care and use of its property, the qualifications, duties, performance of work and conduct of its staff and other personnel and employ~es an~ such other matters and things as may be necessary and deslrable ln the 4 judgment of the directors. The number of directors constituting the initial board shall be 14 and the names and addresses of the persons who are to serve as the initial board of directors for a term of one year and until their successors are elected and qualified are: NAME: ADDRESS: Capt. Frank S. Conlon P.O. Box 417 Wilmington, N.C. 28420 Mary Fox Currier 2916 Market Street Wilmington, N.C. 28403 Jim Capers 5106 Wrightsville Ave. Wilmington, N.C. 28403 Jim Pridgen P.O. Box 3235, Azalea Station Wilmington, N.C. 28406 Luther Jordan 312 S. Seventh Street Wilmington, N.C. 2840l Murray Duggins P.O. Box 1750 Carolina Beach, N.C. 28428 Carlton Hall III S. Channel Drive Wrightsville Beach, N.C. 28480 Frederick Willetts, III P.O. Box 600 Wilmington, N.C. 28402 Rosalind B. Barker 2223 Parham Drive Wilmington, N.C. 28403 Cindy Marr c/o The Sheraton, P.O. Box 599 Wrightsville Beach, N.C. 28480 James A. Lanier (Dr.) N.C. Marine Resources Center P.O. Box l29 Kure Beach, N.C. 28449 Peggy Brummitt 24 Forest By The Sea Carolina Beach, N.C. 28428 Claud (Buck) O'Shields IlO Pine Cone Road Wilmington, N.C. 28403 Andy Atkinson 320 Chestnut Street Wilmington, N.C. 2840l 5 VI. REGISTERED OFFICE AND AGENT The address of the initial registered office of the corporation is 320 Chestnut Street, Wilmington, New Hanover County, North Carolina. The initial registered agent at such address is Mary Gornto. VII. INCORPORATORS NAME: ADDRESS: Thomas C. Pollard l02 N. Third Street P.O. Box l8l0 Wilmington, N.C. 28402 Robert W. Pope 320 Chestnut Street Wilmington, N.C. 2840l IN TESTIMONY WHEREOF, and seal this day of we have hereunto set our hands , 1985. Thomas C. Pollard Robert W. Pope STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER This is to certify that on _day of ,l985, before me, a Notary Public, personally appeared Thomas C. Pollard, who, I am satisfied, is the person named in and who executed the foregoing Articles of Incorporation, and I having first made known to him the contents thereof, he acknowledged that he signed and delivered the same as his voluntary act and deed for uses and purposes therein expressed and that the statements therein are true. IN TESTIMONY WHEREOF, official seal this _ day of I have hereunto set my hand and , 1985. Notary Public My commission expires: 6 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER This is to certify that on ___ day of , 1985, before me, a Notary Public, personally appeared Robert W. Pope, who, I am satisfied, is the person named in and who executed the foregoing Articles of Incorporation, and I having first made known to him the contents thereof, he acknowledged that he signed and delivered the same as his voluntary act and deed for uses and purposes therein expressed and that the statements therein are true. IN TESTIMONY WHEREOF, official seal this day of I have hereunto set my hand and , 1985. Notary Public My commission expires: 7 ~, . . , BY-LAWS OF NEW HANOVER CONVENTION AND VISITORS BUREAU, INC. WHEREAS, New Hanover Convention and Visi tors Bureau, Inc. has been duly incorporated as a non-stock, non-profit corporation under the laws of the State of North Carolina and more particular under and by virtue of a charter or articles of incorporation issued by the Secretary of State of the State of North Carolina, on the day of , 1985, and recorded in the office of the Register of Deeds of New Hanover County on the day of , 1985, in Book___ page___, and; ---- WHEREAS, it is necessary that suitable By-Laws be adopted by the members of such non-stock, non-profit corporation; NOW, THEREFORE, BE IT be, and they are hereby, members to be the By-Laws Visi tors Bureau, Inc. RESOLVED that the follow ing By-Laws duly adopted and declared by said of the New Hanover Convention and ARTICLE I Section l. NAME OF CORPORATION: The name of the Corporation shall be New Hanover Convention and Visitors Bureau, Inc. Section 2. OFFICES: The office of the Corporation shall be located in the office of the Assistant County Manager, New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, or at such other place or places in New Hanover County as the Corporation may from time to time designate. Section 3. SEAL: The Seal of the Corporation shall be in the form of concentric circles and shall bear the name of the Corporation. Section 4. FISCAL AND ADMINISTRATIVE YEAR: The fiscal and the administrative year of the Corporation shall be from July lst through June 30th of the following year. 1 ARTICLE II MEMBERS Section I. GENERAL POWERS: The management of the activities, affairs and property of the Corporation shall be vested in a Board of Directors consisting of fourteen (l4) directors, said number to be fixed from time to time by these By-Laws of the Corporation. Section 2. APPOINTMENT OF DIRECTORS: The initial Board of Directors consisting of fourteen (l4) persons have been appointed for a term of one-year and shall serve until their successors are appointed and qualified. The Directors shall be appointed as follows: 2 Lodging 1 each appointed by City Council and County Commissioners 2 At-Large I each appointed by City Council and County Commissioners 1 Chamber of Commerce Appointed by Chamber of Commerce Board Attractions(Historical Natural, Recreational) I each appointed by City Council and County Commissioners 1 Carolina Beach Appointed by Town Council I Kure Beach Appointed by Town Council 1 Wrightsville Beach Appointed by Board of Alderman 1 Marketing, Advertising, and Public relations professional Appointed alternately by City Council & County Commissioners I County Commissioner Appointed by County Commissioners 1 County Finance Officer Appointed by City Council (Non-Voting) I City Councilman Section 3. TENURE: Directors shall serve staggered three-year terms provided that the term of the initial Board of Directors may be varied to provide such staggered terms. Excluding the initial Board, the County Finance Officer, the Ci ty Council and County Commission Representative, Directors may not serve more than two consecutive three-year terms. . 2 Section 4. VOTING RIGHTS: Each Director, except the County Finance Officer, in good standing, shall be entitled to one vote on each matter submitted to the vote of the directors and assignment of voting privileges is not permitted. Section 5. TERMINATION: The Board of Directors by affirmative vote of two thirds of all its members, may remove any of the appointed Directors of the Corporation for cause. Section 6. RESIGNATION: Any director may resign by giving thirty (30) days written notice to the Chairman of the Board of Directors. Section 7. COMPENSATION: Directors shall serve without compensation, but may be reimbursed for expenses actually incurred in connection with the performance of their duties. Section 8. ATTENDANCE: Any Director who is absent for three (3) consecutive meetings will automatically be terminated unless such absence is excused by a two-thirds vote of the Board of Directors. ARTICLE III MEETING OF THE DIRECTORS Section l. REGULAR AND SPECIAL l'<lEE'l'ING: The Board of Directors of the Corporation shall meet at least quarterly at a time and place designated by the Chairman of the Board of Directors. Special meetings may be called by the Chairman or by not less than four (4) members of the board and such special meetings are to be held at a place and time designated by the Chairman or the four (4) calling members. Section 2. OPEN MEETINGS: All meetings of the Corporation whether regular or special, shall be announced and open to the public, provided that the Corporation may hold executive sessions from time to time in accordance with Article 33 C of Chapter l43 of the North Carolina General Statutes. 3 Section 3. ACTION BY DIRECTORS: All actions shall be determined by a major i ty vote of the members present in open meeting. Seven (7) voting members shall constitute a quorum for any meeting of the Corporation. If a quorum is not present at any meeting, a majority of the members present may adjourn the meeting from time to time without further notice. Except as otherwise provided by law or by these By-Laws the Corporation shall be governed by the rules of parliamentary practice as contained in "Roberts' Rules of Order". Section 4. MINUTES: The minutes of all regular and special meetings of the Corporation shall be recorded and a copy shall be mailed to each Director member not later than fifteen (l5) days following such meeting. ARTICLE IV OFFICERS Section l. ELECTION OF CHAIRMAN, VICE-CHAIRMAN, AND SECRETARY There shall be elected from the Board of Directors, a Chairman, Vice-Chairman, and Secretary all serving one-year terms, and eligible for reelection for an additional term of one- year. The initial term for the Chairman, Vice-Chairman, and Secretary, shall begin the first day of like 1985 and shall end the first day of like 1986. Terms of future Chairman, Vice- Chairman, and Secretary shall be the same as the Corporation's fiscal year. Section 2. TREASURER: The Finance Officer for New Hanover County shall be the 'I'reasurer of the Corporation. ARTICLE V DUTIES OF OFFICERS SECTION l. DUTIES OF OFFICERS: The duties of the officers shall be as follows: A. Chairman: The Chairman shall call and preside at all regular and special meetings of the Corporation. He shall appoint the Chairman and members of all Committees and shall be an ex-officio member of all such Committees. He shall perform such other duties as may come with the jurisdiction of his office. At each meeting, the Chairman shall submit such 4 recommendations and information as he may consider proper concerning the business, affairs and policies of the Corporation. B. Vice-Chairman: The Vice-Chairman shall preside at meetings and perform the duties of the Chairman in the absence or incapacity of the Chairman. He shall perform such other duties as may be assigned to him by the Chairman of the Board of Directors. C. Secretary: The Secretary shall have general responsibility for the records of the Corporation and shall perform such other duties as are assigned by the Corporation. The Corporation may designate one or more Assistant Secretaries to keep the minutes of Corporate meetings and perform such other duties as the Corporation may assign. D. 'Treasurer: The 'I'reasurer shall have custody of all funds, property, and secur i ties of the Corporation, subject to such regulations as may be imposed by the Board of Directors. He may be required to give bond for the faithful performance of his duties, in such sum and with such sureties as the Board of Directors may require. When necessary or proper he may endorse on behalf of the Corporation for collection checks, notes and other obligations, and shall deposit the same to the credit of the Corporation at such bank or banks or depository as the Board of Directors may designate. Except as may be otherwise provided by the Board of Directors, he shall sign all receipts and vouchers and, together with such other officer or officers, if any, as shall be designated by the Board of Directors, he shall sign all checks of the Corporation and all bills of exchange and promissory notes issued by the Corporation. He shall make or cause to be made such payments as may be necessary or proper to be made on behalf of the Corporation. He shall cause to be entered regularly on the books of the Corporation a full and accurate account of all monies and obligations received and paid or incurred for or on account of the Corporation and all assets of the Corporation, and shall exhibit such books at all reasonable times to any Director on application at the offices of the Corporation. He shall cause to be made as soon as reasonably possible after the close of the fiscal year an audit, and shall furnish a copy thereof, to each of the Directors, the County Commissioners, the City Councilmen, and to such other persons as the Board may direct. He shall, in general, perform all the duties incident to the office of Treasurer, subject to the control of the Board of Directors, and such other duties as it may assign to him. E. Assistant Secretary and Assistant Treasurer The Board of Directors may elect an Assistant Secretary or Assistant Treasurer, and in such case, in the absence or disability of the Secretary or the Treasurer, such assistants respectively shall perform the duties and exercise the powers of those offices, and they shall, in general, perform such other duties as shall be assigned to them from time to time by the Secretary or the Treasurer, respectively, or by the Board of 5 Directors. ARTICLE VI COMMI'I'TEES Section l. STANDING COMMITTEES: There shall be established a Budget and Finance Committee and an Advertising and Promotions Committee, each of which shall consist of two or more Directors. The Board of Directors may appoint addi tional persons, to serve on Standing Committees. Section 2. DUTIES OF STANDING COMMITTEES: The duties of the Standing Committees shall be as follows: A. Budget and Finance Committee: The Budget and Finance Committee shall monitor all financial affairs of the Corporation and shall submit for review and approval by the Directors, the City Council and County Commission a proposed annual budget. The Commi ttee shall submit an annual report at the close of the fiscal year to the Board of County Commissioners and the City Council on the Corporation's receipts and expenditures for the preceding year in such detail as the Board of Commissioners and the City Council may require. B. Advertising and Promotions Committee: The Advertising and Promotions Committee shall prepare an annual program to advertise and promote tourism development for New Hanover County. The Committee may, with approval by majority vote of the Board of Directors, contract with any person, firm or agency to advise and assist in the preparation and execution of projects to promote travel, tourism and conventions. Section 3. OTHER SPECIAL COMMITTEES: Other special committees having such responsibilites as may be delegated to them may be established. The Chairman of the Board of Directors shall appoint the Chairman and such other persons, as authorized in the resolution creating such special committees. ARTICLE VII ADMINISTRATIVE STAFF Section l. EMPLOYMENT: The Corporation may employ administrative staff to perform such duties as may be determined and author ized by the Board of Directors. 6 Section 2. LIMITATIONS: Administrative staff serve at the pleasure of the Corporation and may be discharged at any time with or without cause. ARTICLE VIII CONTRACTS, CHECKS, DEPOSITS AND FUNDS Section 1. CONTRACTS: The Corporation may authorize any officer or officers, agent or agents of the Corporation, in addi tion to the officers so authorized by these By-Laws, to enter into any contract or execute and deliver any instrument, in the name and behalf of the Corporation, and such authority may be general or confined to specific instances. Section 2. DEPOSITS: All funds of the Corporation in excess of TWO HUNDRED AND FIFTY AND NO/lOO ($250.00) shall be deposited daily to the credi t of the Corporation in such bank, trust company, or other depositories, or with the New Hanover County Finance Officer, as the Corporation may select. Section 3. GIFTS: " The Corporation may accept on behalf of the Corporation any contr ibution, gift, bequest, or devise for the purpose of the Corporation. Section 4. STATUTORY COMPLIANCE: All matters of fiscal control and administration shall be handled in accordance with Chapter 159 of the General Statutes of North Carolina. ARTICLE IX BOOKS AND RECORDS Section l. BOOKS AND RECORDS: The Corporation shall keep correct and complete books and records of accounts and shall also keep minutes of the proceedings of its members and shall keep at the principal office a record giving the names and addresses of the members entitled to vote. All books and records of Corporation may be inspected by any member or his duly authorized agent for any proper purpose at any reasonable time. 7 ~ .. Section 1. AHENDMENTS: ARTICLE X AMENDMENTS . These By-Lmvs, or any part thereof, may be amended at the pleasure of an affirmative vote of the members of the Corporation at any regular or specially called meeting by a majority of the entire voting members, contingent upon approval by the Wilmington City Council and the New Hanover County Board of Commissioners. ~ADOPTED , 1985. in regular session this ~ day of 8 (Chairman) 6_: ." .. r- ,.::,;~ .~~ .:'J ')-1 ~';~ i ','J ,.[~) .. "--'''-.''''''. 1/82 c Copy of a Reso lut i on Passed by the Board of Commissioners of 1\1 c?lAJ l.-\ 6--'A. 0 \(ey- County, North Carolina The following resolution was offered by CoYV\1.V:\\sS; bAt.tv 'JOh" ~[)'(Q..n- and a motion was made by OO'M'M;~f,'''~OV ~~h t)c>JA.~ that it be adopted, this motion was seconded by CO'N\W\iss: o'r,JY F-{.(,J~.t..tt.h: Y) and upon being put to a vote, was b{ carried; Whereas, the North olina Governor's Highway Safety Program, hereinafter referred to as G~SP, proposes to implement a program to assist f\}""L0 \-\ ''''''()\I,,^- County, hereinafter referred to as the County, in protecting their young children against death and serious injury in automobile accidents, GHSP will provide the County with a supply of crash-tested automobile child restraint devices (CRD's), provide for the initial training of personnel who will implement the program to learn how to properly install and properly use the CRD's providec1, provide all forms necessary for operating and keeping records of the operation of the program, provide materials developed for GHSP designed to educate parents about using CRD's, provide technical advice and general supervision to County personnel; PROVIDED, the County agrees to provide manpower l or to designate a local group or agency, Cape Fear Chapter. American Red CroS& who will prov~de the manpower to coordinate, puhlicize, and operate the distribution of CRD's within the County for a period of not less than two (2) years, to obtain~" 25 additional crash-tested CRD's and to use them in this program, to insure that every parent who is loaned a CRD is given appropriate instruction as to how to use the CRD properly, to provide training for all persons involved in the loan~r program who are not initially trained by GHSP, to report in three-month and twelve-month intervals as to the financial and implementation status and inventory of the program, to expand the program to its fullest extent possible based on local demand and/or manpower available to run the program, that any funds generated by the rental of CRD's provided by GHSP , will be used to purchase additional CRD's or to replace and refurbi~h older seats, to ensure that all programs within the County that provide health related educational services for lower income groups are aware of the program's existence, to provide information regarding toddler seats for participating parents who are returning their infant carriers, to be a focal point for child transportation safety dissemination within the County by using materials provided by GHSP. Whereas, the GHSP Local Government Child Restraint Loaner Program hereinabove described is considered most necessary to the preservation of the safety and welfare of the young children within the County. NOW THEREFORE, BE IT RESOLVED THAT THE GHSP Local Government Child Restraint Loaner Program set out hereinabove be and it is formally approved by the Chai rman of the Board of Commi ss i oners and that the County Manager of thi s County be and i~ hereby empowered to sign and execute the required agreement between this County and the GHSP to acquire the benefits of the Local Government Child Restraint Loaner Program herein above set out for the County. This resolution was passed and adopted the day of , 19 I , Chairman of the Board of Commissioners of County, North Carolina, do hereby certify that the foregoing is a true and correct copy of excerpts from the minutes of the Board of Commissioners of this County; " ., ',1 f .'j i,f, W 'i , (~ on this cQ~ WITNESS my hand and the official seal of the County day of ~~ of _~t. ,^J He.\. '1\ ^ \ /.Q. y- 19 %-5' ~.v~ " Witness , .......n.." "...~ I'" NO V E ;""" "," '(',- 'f r, ## """.......\ 00,000000 \.0" ~ ~., 00 0 ~ ,f ~ .0 "0.. c:. ~ : ~ .0 .0 "l ~ : . 0 -~ = : ~A: .... ! ., .~. . .. III . . . ... : ~ O:{t~ .... ... .. .. A.. --..---- -. .. ~ r; ..*"C.""II~o.r~.o :: -:',0 ..."""')..' G.. ~..~ .~ ./j),. ...... ~.... ######~ C AR.O';~..""" #",......... :Ii "4'- J-. .~ {MANAGER COUNTY OF to (.vJ \4-~-.J ~_/V NORTH CAROLINA APPROVED BY toum COMMISSlONEH~ Date I vI vi (IS D Rev. 1/85 NORTH CAROLI NA ~ ~ COUNTY ************************************************** NORTH CAROLINA GOVERNORIS HIGHWAY SAFETY PROGRAM AND COUNTY OF ~ y~./ LOCAL GOVERNMENT CHILD RESTRAINT RENTAL PROGRAM AGREEMENT ************************************************** THIS AGREEMENT, made and entered into this the day of 19___, between the Governor's Highway Safety Program of the North Carolina Department of Transportation, HEREINAFTER referred to as GHSP, and the County of hereinafter referred to as the County. WIT N E SSE T H Whereas, GHSP proposes to implement a program to assist communities in protecting young children against death and serious injury in automobile accidents by instituting a method to educate parents and other adults as to the dangers involved in transporting children in cars and to assist in providing parents with a safe method for transporting their children in cars, and Whereas, GHSP proposes that this can be achieved through the following steps: (1) To designate a volunteer group as a local child passenger safety focal point; (2) To disseminate information to the citizens of a locality concerning the importance of child passenger safety and means to safely transport children; and extent: (3) To provide car safety seats to the public at a reduced cost through a rental program, and to make this program known to the citizens of a locality, particularly those with the greatest need for a low cost restraint; (4) To insure that program Rersonnel and borrowers are well trained in the appropriate child restraint usage techniques; (5) To develop and disseminate locally-oriented information concern- ing availability and use of safety seats designed for toddlers and older children. ' and, Whereas, in accomplishing the above, GHSP agrees to: (1) Provide the County with a total car safety seats that have been on the basis of crashworthiness distributed within the County; (2) To designate personnel who will provide initial training of- personnel designated by the County as to how to properly install the CRD's in cars and how to properly secure a child withi n the C~D; of" 25 crash tested carefully selected by GHSP and ease of use to be (3) To provide all forms and instructions necessary for bperating and keeptng reco~ds of the opetation of the program; (4) To provide materials developed for GHSP designed to educate parerits as to the need to use CRD's and how to use them properly; (5) To provide technical advice and general supervision to County personnel or to the individual(s) or group(s) designated by the County to operate the program or to designated other personnel who will provide such advice and supervision; Whereas the County agrees to cooperate with GHSP to the following (1) To designate a local service group or agency, Cape Fear Chapter, American Red Cross , who wi 11 provi de manpower to coordinate, publicize, and operate the distribution of CRD's and educational programs for a period of not less than two years after the date of this agreement and who will aid the County in carrying out the following tasks. (2) To obtain XXx~-{. additional crash-tested CRD's and to use them in this program; IT IS UNDERSTOOD AND AGREED that the County will not file suit against the North Carolina Governor's Highway Safety Program or the State of North Carolina nor allow anyone to sue on the County's behalf f6r any claims arising from damage or injury caused by use of the seat. 8E IT FURTHER UNDERSTOOD AND AGREED that if the program is discontinued by the County or by the individual(s) or group(s) designated by the County to . '<"~ : ~. ~ ..; operate the program prior to the end of the two-year period from the date of this agreement, that the CRD's furnished by GHSP and additional CRD's purchased -',: with any remaining funds generated by the rental of those CRD's shall be ",........", "~a NO V,r, .c.'" ret~~.t~. l:i1il)P~~ruse in other programs in North Carolina. ~..~~ .0080 ~ooooo ... 0 .~ !~~&..~ '0\ (,-z\, = . .. ~: =: ' I: ...(: :.. . ~: . . . . . .. :~. - fd.o{tS -:. e. __'~ .' .. ~ -:. ~O ..-C~'Jooor~.' ; - ~ e. j.-'._ b..~". ,~ ~~ ........ ~,~ ~ " ,. L, \'~ ~~ _ '## '1 C ARO\.. ......~ -A TTESf~""'II"~"""" - , n/?_. ~/~ '-'~l e';;k ). L ' ~ ~~r.ger Signature BY: /~/~/ ,?~ I ([rate) Georqe F. Cooper County Manager (Type) 120 Chestnut St. Street or P.O Box Wilmington, NC City, State 2840l (Zip) N.C. DEPARTMENT OF TRANSPORTATION BY: ATTEST: (Date) APPROVED BY coum COMflSSlONW .. ~ vj 7'f"'~/ (3) To insure that every parent who is rented a CRD is given appropriate instructions including a demonstration of how to secure the infant to the CRD and how to secure the CRD to their automobile and that each participating parent signs a rental agreement (provided by GHSP) which states that they understand these instructions; (4) To provide training for all persons involved in the rental program who are not initially trained by GHSP. (5) To report in three-month intervals (quarters) the financial status and implementation status of the program to GHSP through forms provided by GHSP; (6) To expand the program to the fullest extent possible with the limits of the program being determined by local demand for the CRD's ~nd/or by manpower available to run the_program; (7) That any funds generated by the rental of CRD's provided by GHSP will be used to purchase additional CRD's or to \ .,' replace and refurbish older seats and that once the 'p~ogr~m has been expanded to its full est extent, that any fund,sl gener-: ated by CRD IS provi ded by GHSP wi 11 be used for otheriproJ~cts;'~ related to highway safety in the County; - -",'~...o',:j' . . '-;....,~ . . I 'I"~, '... (8) To make' contact with other agencies or groups within' the'::' County that provide health related or educational' services 'for lower income groups to insure that the lower income population of the community is aware of the need to use CRD'S and that they are available at a low cost through the distribution program; (9) To provide specific information regarding CRD's for toddlers to participating parents upon return of the rental infant carriers. This should include both information related to types and advantages of various seats and information concerning local availability. This latter effort may require a survey of local retail outlets to determine such availability and costs. (10) To be a focal point for information dissemination for the remainder of the community by distributing educational materials provided by GHSP and by providing education to the community as to the various types of CRD's. , IT IS UNDERSTOOD ANO AGREED that at the end of the two-year period from the date of this agreement and upon successful operation of the program by the County or by individual{s) or group(s) designated by the County, that all project related materials and funds shall become the property of the County and that the requirement for quarterly reporting shall cease. , , "".j; ~~'. p . . {""'. ~~ .~ , ~ 'l'"~ :~.."f.r. ,~I ,~ ..- \ ( ; {1l ~3 _~~},~ ";t ,'}'~ ~ ~:~:: ,~t;$ n t l \r~ ~s <f~"'" . J f\ttJ1"1M~:.~J-rlf~\l~ Ilts,t~u:'~ --"'"'...-.....--~-,-~~ ~ Rev. ~ /85 E LEASE AGREEMENT A. For the sum of One Dollar ($1.00) per year, the County Board of Commissioners hereby agrees to lease to the Cape Fear Chapter, (name of group/agency) Anerican Red Cross / 25 car safety seats. (# of seats) TERM OF AGRfEMENT B. Unless sooner terminated by either party upon giving thirty (30) days written notice, this Agreement shall cover a period of two-years from the C. date of this Agreement. American Red Cross (name of group/agency) agrees to provide manpower for the two-year periorl of this Agreement to distribute above car safety seats within the County of and to operate the distribution program during the two-year period in accordance with the;provisi~ns of the LOCAL GOVERNMENT CHIL[) RESTRAINT LOANER PR06-RAM.. AGREEMENT between the N. C. Governor's Highway Safety Program and the County of dated D. If the Arrerican Red Cross (name of group/agency) fails to continue a distribution program for the full two-year period from the date of this Agreement, the seats must be returned to the to the County who will return them to GHSP for subsequent use. E. If the American Red Cross lname of group/agency) program for the full two-year period following the rlate of this agreement, continues and expands the distribution all safety seats shall become the property of the lessee and all agreements between the County of and lessee are discontinued. -2- In witness whereof, said parties hereto have executed this Agreement on the date herein shown below. , 'Executed by the count~~ State of North Carolina thec2~ day of ~ ,19%,<. '. . COUNTY OF ~ ~./ this %~~- ' Witness Exe7lted by the~f ~ ~ ~~~~~. 19 ~-5" . """"~0~NUlll::./y~~### ~ ~ ~"., ~ 00 00 (.. ~ ~ ~~""c o-NJ,~~o~J~\ By "_ I 'A__..I~~.lJ ,: ""' .41 ~~ "4 <>0 '1 ~ JP'I1./ ~I.V'V' {..{. . ,~, ;iA Address:lO ~.:cvb: ' ~ . . - ~ ... &: {t~ ~..- d- ....., ~ A. e....o;;; '~ ,.0 :: ~ ..) /L..:-'- -:'''-:0 · aoou'r.~"",.,,, :: '" -:,. -L\ e. ~.., ;--0. t"to.. ~... '~'r/, .......".. ~ ~ .... "",,1-/ CAR 0"'\,,"".... "..,.U......",," this=?~ day of . ,~~ .. RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY :. RESOLVED, that pursuant to the requirements of Chapter l09 of the North Carolina General Statutes, the Board of Commissioners of New Hanover County, at its regular meeting on December 2, 1985, approved the Bonds of the Clerk of Superior Court of New Hanover County, New Hanover County Finance Officer, New Hanover County Sheriff, New Hanover County Coroner, Register of Deeds of New Hanover County, New Hanover County Tax Collector and chairman of the New Hanover County ABC Board, and FURTHER RESOLVED, the Chairman of the Board of Commissioners is hereby authorized empowered and directed to certify said approval on the original of each such Bond, with the exception of the Bond of the Clerk of Superior Court, which is not physically present in New Hanover County. ~~~~R, this 2nd day of December, 1985. ~<t,~" ). ~ N 0 \I f. f:> qq"q {J,'Ii 1..' 'f c<><> ~<$~ .;)000'('"..1000 "'00<>, # ~ 0"''' ,0"0 c.. '\ (COR~ EJ '\ -t\ lii 0 0 -\ '" fill) 0 ' 0 Q l'!::ltl-o 10-<lJl = ~~ : ~ ~ ~ ff!J~ ~ H ~ ""'_ 00 .. -- ,~.~()(!) ~ ~ "':;0 oot:::>i::"U~ruoo ~ "" 00 .,...,00 t'J.. ~ "''':.s>1>, Ogo:oooo """" 'I . ~ "'~ 'L, \"~ ~ ~qqq '7. C ARO\';.",<t,<i>'O IIqq ~.."" At t est: e/14;lsSGllilG"e irman, Board 0 Commissioners New Hanover County ~le/)f~ ~ ) . . RESOLU'I'ION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY RESOLVED, that pursuant to the provisions of Section 18B-700 of the North Carolina General Statutes, the Board of Commissioners of New Hanover County, at its regular meeting on December 2, 1985, does hereby exempt from the bond requirement of said Section 18B-700 any member of the New Hanover County ABC Board who does not handle Board funds and thereby shall only require that the Chairman of the New Hanover County ABC Board furnish a Bond for the faithful performance of his duties. \I\l\l\lOaDDBBlIlIqq ~q,~\\\\~~~~~qQqQth i s !,>CI,<S~ ..,,<\000<>000 Co"~ ~ ~ 0" . 00 ,...~ ,fj;;::. 00. .. v ~ (CORPciAA1 .\ ~~ f5 "'- 0 I~ -< g ~ 4IoT :.. 4;) = ~ G . 0 Q ~ o~ .. @9 ~ ~ 9 .. A.. _- ~. 0 '" ~ Y.O oo<UPc~;u'~'ii;ooo $ '" 00 __a,,,. "0' ~ ...~;,p)' 000:00000 ~ ~~~ ~q(jq(jq It CAR 0 \,:~>>\\\\~'li At t est: qqoaallaggoaBfl,III11> 2nd day of December, 1985. rman, Board of Commissioners New Hanover County ct<~\/~ Clerk .. RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY RESOLVED, that pursuant to the provisions of Section l62-8 of the North Carolina General Statutes, the Board of Commissioners of New Hanover County, at its regular meeting on December 2, 1985, determined that the required Sheriff's Bond shall be in the total amount of Five Thousand Dollars ($5,000.00). ADOPTED, this 2nd day of December, 1985. ~a~UuauuuDDDb ~~~~a~.~ N (l V E. ~qb~~~~~ ~~~\ "OOOC>",,() c""'..~ ~ '-\" OW '{'It.:! {.,J ~ "" ~..." " c. ~ (CORP~'.j,1;f; 00f) 1-~ ~ 0 0 -1: lIl:t 0 (I A( '0 : .... 0 I~ '" ......0. " ~ Gt 0 0 t:J ~ c:, riJgJ1.& ~ 00 __ r~..oo & ~ 1:. 0 ~,u.g~~,li:"oo ;: ~ 0 00 ~'Q, ""0 ~ ~ ..~~ "P,. OOOoo'oooQO \~ ~...... "0" It C A. R 0 \,. ~...... 'QqqOqllaoBG9D"O~" of ommissioners County Attest: Q?.q( ~~ Clerk t' ~ ~;,. . , " . -, . .. AN ORDINANCE OF THE BOARD OF COMMISSIONERS ~1ENDfNG THE NEW HANOVER COUNTY ZONING ORDINANCE WHEREAS, the development of Intersate 40 In New Hanover County has been determined to be of significant Scenic Value primarily because lands adjacent to the corridor are undeveloped--wooded and/or used for farming purposes; and, , WHEREAS, this roadway wll I serve as a major gateway to the County and Its cities and towns, notably the beach communities; and, WHEREAS, the preservation of the existing scenic qualities would serve to promote and preserve the vital tourism economy of the County; and, WHEREAS, the erection of outdoor advertising signs and the development of non-residential land uses along the corridor would detract and ultimately destroy.,_ the scenic value and gen~ral aesthetics of this roadway: r, NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners that the zoning ordinance be amended, as fol lows: 1. Add under Article IX, Section 94-2: (13) Outdoor advertising signs shal I not be constructed within 1000 feet of the right-of way of special highways designated on the New Hanover County Thoroughfare Classification Plan. 2. Add: 66.1 Special Highways All nonresidential development shal I set back a mInimum of 1000 feet from the right-of-way of special highways designated by the County Commissioners. This area of open space shal I remain unoccupied and completely free of al I non-residential structures. 3. Add under Article I I: 23-81. Specla I Highways - Any highway, such as but not limited to Interstate corridors, freeways, arterials and col lectors, designated by the Board of County Commissioners for Its scenic qualities and its abU Ity to provide safe and efficient traffic flow. III"....."" ~",I: I\. N 0 V t n"'~~ "",,-"" 'f ,(:' ~~ ADOPTE~"~ loso~no o~l (lit':, December, $ ~ " '. (......, \ ' . -c:::- . . "".. E -.. . G. -': = : I~ -<: :: I> :. '. : . : = ~ I: .. = '~ e. _ ,,;,:.........-:.... . ~ . 0:.1:. I -S,..,.....,t:.. :' ,. ~ 0 .'. ~.r .. ~ $ '.. 1')- ........ \~ ~~ ###",;1-{ CAR 0 \- ~",~ , ATTEST: '"",........-, no · '(;/y~ .~ ~O COMMISSIONERS " 1985. " , ~ J .:', ",: " " " }: I:, t'.' i,: y~.:, " fi (:. f.< to;: 1" I', ; j' !" ;r.,;;~~;;.i~:o,;.~~l~-~-:-; J::4.?':~~~.::.....1~_~~:l<,~:;.i;)/.::;~~'C~:\ti(.'::.-;i';:;.:.'f:;'~~J.'i;.5:':~-:.'.~_~~;\:,.; ;~:~'''';':':~:~~'~::~~:.":~';':':.'''~';~;.'.'':...::~-:;~-'. , '.:.,:,:io;:,:,:::;';'~ ';~",<;~~-;.."'.'-::;';"?.J:W;';':.;.1,<li~:,,:'~'l~)7.:;i'5's.ji::Xt!~~;.i;.;;g~02~+!t:~7{l~;.ili)(i;;;i.;'t~~~~~~l~~~~:f,.;!~~}..';AS;:~;i.~~~'~~:~,~:i~:;]~;;:~~" ~ r ,: - AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THOROUG~FARE CLASSIFICATION MAP OF < NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORD~IN! Section j. That the Thoroughfare Classification Map;of the County of New Hanover adopted June 4,1979, as amended be and the same is hereby further amended as fo~lows: Designate on the official., Thoroughfare Classification Map that 1-40, described as being that portion of roadway beginning at the intersection of Col lege Road and Market Street and running thence North to its terminus at the Northeast Cape Fear River--Pender County I ine, be classified as a "Special H i g h wa y . " Section 2. Any ordinance or any part of any ordinance in confl ict with this ordinance, to the extent of such confl ict, is hereby repealed. Section 3. This ordinance is adopted in the interest of publ ic health, safety, morals, and general welfare of the inhabitants of the County of New Hanover, North Carol ina, and shal I be in ful I force and effect from and after its adoption. Adopted thi 5~"'.-{_ day of JJcL,~'!'</J " 1985. , "",'llInll~"" ......'. >, f\ NO V E. c ~" .... . 'r C'# ......, ~\ ooc.ooo..o. 0### ~I.vaao e. c;....o:. i <?:' /0 -.. 1,., ~ ... lJ . ....4.. :: " ~ ~,: :1:-_. ' I.:: ... . ... : ~. ,,:~: .. ,,- '. . . ~.~ .o~;;,.~:'u" $ ~. 0 Ogo"f1I1IOv'J.'h o~.. ~.. ...:- "f'.. ~O.,,"U \~.... .... I J.J \ .... "'I '1 C 1\ R 0 \, ...... ," ' n ~~.. """Illlalg.. .' /'2::2 ~~ \ '?l-)l~- ~-- ' ~ : /- / --<-., , /: / ' CHAIRMAN AND COMMISSIONER ..~. ,"- .~ !!' j .~.\ J ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COUNTY COMMISSIONERS WHEREAS outdoor advertising signs are designed to capture motorists' attention, which distraction can lead to traffic accidents on high-speed highways; and WHEREAS the presence of outdoor advertising signs can destroy the aesthetics of otherwise scenic highways; and WHEREAS the presence of outdoor advertising signs along scenic highways such as Eastwood Road would threaten the County's significant tourism economy; and WHEREAS the Board of Commissioners desires to conduct a study of the impact of bl1lboards on Eastwood Road with respect to the factors listed above; and WHEREAS the Board of Comm iss ioner s deems it necessary to place a temporary ban on the issuance of billboard permits along Eastwood Road until the study of the corridor is completed; NOW, THEREFORE, BE IT ORDAINED as follows: l. Effective the date of this resolution and extending through February l, 1986, a moratorium is placed on the issuance of billboard or any other sign permits along the corridor of Eastwood Road (the portion of U.s. 74 extending from U.S. l7 to the corporate limits of Wrightsville Beach). 1 'lIIIl .. ..~, .~i ,""' ), 2. . The County Planning Department is directed to prepare an appropriate study, together with necessary regulations, for consideration by the Board of Commissioners prior to February 1, 1986. This the 2nd day of December, 1985. \>J"-NOVE~ . ~~"""".....". C-o ..~~,,~ ... ~\ I " · ~" :: .~..(~ . " '" . :J}", . ': = : ~ ' . = :. . O--tt= -:. Ci.- __..JJ~,,- ~ -:.. ~ '"' ~II'C"'J 'oI~'1 . 0 : '., 0 eOe ~I).' :;.0 ~ $' ~~ -?,. 00"00",,0 ~..... , , Ai . \ .... "'" C h R 0 \ ~~...... "., .,.~ ATTEST: "UII' o~~~ Chairman, Board of ~ounty /Commissioners ~~~ , Clerk ? \-,~ " ... 1/ ~ STATE OF NORTH CAROLINA ss. : COUNTY OF NEW HANOVER I, LUCIE F. HARRELL, Clerk of the Board of Commis- ., sioners of the County hereinafter described, DO HEREBY CER- TIFY, as follows: 1. A ~~ meeting of the Board of Commis- sioners of the County of New Hanover, a county in the State of North Carolina, was duly held on November~, 1985, proper notice of such meeting having been given as required by North Carolina statutes, and minutes of ~aid meeting have been duly recorded in the Minute Book kept by me in accor- dance with law for the purpose of recording the minutes of said Board. 2. I have compared the attached extract with said minutes so recorded and said extract is a true copy of said minutes and of the whole thereof insofar as said minutes relate to matters referred to in said extract. 3. Said minutes correctly state the time when said meeting was convened and the place where such meeting was held and the members of said Board who attended said meeting. IN WITNESS WHEREOF, I have hereunto set my hand 'lUU~nnWBrr, ~~\lrU\\ (:) IL r: r:"~ and~.ffal;'Vei1e-rr--el.ff.\.t.o affixed the corporate seal of said County, ~.~ ;)otd100oo t:o.,.4I': I~ ~~ "00 v~ t~t o<p~'\Jovember, 1985. li: " " -' '" .. " -/~ ...<: gJ}: ' := : Q" ;, :: (1k\f"A~ il.. 1,1: -:..w '~G __ ,~.vfJfJ ~ fP 1... 0 ~11i!hjl1J.cal~(')1) ~ ~ 0 "0" ~$Jt'l. ,,00 ~.:> ". /?l' ......""..0 \~ !I>"" "#~" ft C {i.. R 0 \.- ......~.. 'qtrruas aGGG"".... ~-c/ /~ Cler~ Board of Commissioners County of New Hanover North Carolina . , ., ~ EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS The New Hanover County Board of Commissioners met in Special Session on Tuesday, November 19, 1985 at 9:00 o'clock A.M. in the Commissioner's offices, New Hanover County Administration Building, 120 Chestnut Street, Wilmington, North Carolina. Members present were: Nolan O'Neal, Chairman John Dolan Fred Retchin Claud O'Shields, Jr. ) Members absent: Jonathan Barfield, Sr., Vice Chairman * * * * * * Commissioner John Dolan presented the fol- lowing resolution and moved that it be adopted: :~ "RESOLUTION PROVIDING FOR THE ISSUANCE OF $17,200,000 GENERAL OBLIGATION REFUNDING BONDS AND $6,000,000 SCHOOL BONDS, SERIES 1985, OF THE COUNTY OF NEW HANOVER AND AUTHORIZING CERTAIN RELATED ACTIONS" WHEREAS, the bond orders hereinafter described have been adopted, and it is desirable to make provision for the issuance of bonds authorized by said bond orders; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, North Carolina (the "Issuer"), as follows: 1. The Issuer shall issue its bonds of the aggre- gate principal amount of $17,200,000 pursuant to and in accordance with the solid waste disposal refunding bond order and the public improvement refunding bond order adopted by the Board of Commissioners on October 28, 1985. The bonds shall be designated "General Obligation Refunding ,Bonds". The period of usefulness of the capital project being financed by the issuance of the bonds to be refunded is a period of not less than forty years, computed from September 1, 1982. The General Obligation Refunding Bonds shall be issuable in the denomination of $5,000 each or any integral multiple thereof, shall be numbered so as to uniquely designate each bond and such numbering shall be in accordance with the system of the hereinafter designated bond registrar of the Issuer, and shall be payable in annual installments on September 1 in each year as follows: -2- $1,125,000 in the year 1986, $1,100,000 in each of the years 1987 to 1992, inclusive, $1,075,000 in each of the years 1993 and 1994, $1,050,000 in each of the years 1995 and 1996, $1,675,000 in the year 1997, $825~000 in the year 1998, $800,000 in each of the years 1999 and 2000, $775,000 in the year 2001, and $350,000 in the year 2002. The General Obligation Refunding Bonds shall be dated Decern- ber 1, 1985 and shall bear interest from their date at a rate or rates which shall be hereafter determined upon the public sale thereof and such interest shall be payable March l, 1986 and semi-annually thereafter on September 1 and March 1. 2. The .Issuer shall issue its bonds of the aggre- gate principal amount of $6,000,000 pursuant to and in ac- cordance with the school bond order adopted by the Board of Commissioners on November 7, 1983. The bonds shall be des- ignated "School Bonds, Series 1985". The period of useful- ness of the capital project being financed by the issuance of the bonds is a period of forty years, computed from De- cember 1, 1985. The School Bonds, Series 1985, shall be issuable in the denomination of $5,000 each or any integral multiple thereof, shall be numbered so as to uniquely desig- nate each bond and such numbering shall be in accordance with the system of the hereinafter designated bond registrar of the Issuer, and shall be payable in annual installments on June 1 in each year, as follows: -{- . . $200,000 In each of the years 1987 to 1998, inclusive, $800,000 In each of the years 1999 to 2002, inclusive, and $400,000 In the year 2003. The School Bond~, Series 1985, shall be dated December 1, 1985 and shall bear interest from their date at a rate or rates which shall be hereafter determined upon the public sale thereof and such interest shall be payable semi- annually on June 1 and December 1. 3. Hereinafter the General Obligation Refunding Bonds and the School Bonds, Series 1985, may. be referred to collectively as the "bonds". 4. The bonds shall be registered as to principal and interest, and shall bear the facsimile signatures of the Chairman and Clerk of the Board of Commissioners of the Issuer. A facsimile of the corporate seal of the Issuer shall be imprinted upon each of the bonds. 5. Interest on the bonds shall be paid by check by First-Citizens Bank & Trust Company, Raleigh, North Caro- lina, as paying agent, and mailed to the registered owner of record as of the fifteenth day of the calendar month preced- ing the interest payment date at his address as it appears on the bond registry books of First Citizens Bank & Trust Company, Raleigh, North Carolina, as registrar and transfer agent. Principal of the bonds shall be paid by check by said paying agent of the Issuer, upon presentation of the bonds for payment. 6. The General Obligation Refunding Bonds matur- Ing on and after September 1, 1995 shall be subject to re- -~- ~ demption prlor to their stated maturities at the option of the Issuer on or after September 1, 1994, ln whole at any time or in part on any interest payment date, at a redemp- tion prIce equal to the principal amount of each General Obligation Refunding Bond to be redeemed together with ac- crued interest thereon to the redemption date plus a redemp- tion premium of one-half of one percent (1/2 of 1%) of the principal amount of each General Obligation Refunding Bond to be redeemed for each calendar year or part thereof be- tween the redemption date and the maturity date of each General Obligation Refunding Bond to be redeemed, provided that such premIum shall not exceed two percent (2%) of such principal amount. If less than all of the General Obliga- tion Refunding Bonds of any maturity are called for redemp- tion, the General Obligation Refunding Bonds to be redeemed shall be selected by lot. If less than all of the General Obligation Refunding Bonds of different maturities are called for redemption, the General Obligation Refunding Bonds to be redeemed shall be called in the inverse order of their maturities. If less than all of the principal amount of a single General Obligation Refunding Bond is to be re- deemed, the Issuer shall exchange a General Obligation Re- funding Bond of the denomination representing the portion of the General Obligation Refunding Bond not redeemed to the registered owner in exchange for the General Obligation Refunding Bond a portion of which is to be redeemed. When- ever the Issuer shall elect to redeem bonds, notice of such redemption of General Obligation Refunding Bonds, stating -~- ~ the redemption date, redemption price and identifying the General Obligation Refunding Bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there shall become due and payable upon each General Obligation Refunding Bond or por- tions thereof so to be redeemed, the principal thereof, redemption premium and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue, shall be given by publication at least once in a newspaper of general circulation in the County of New Hanover, North Carolina and at least once in a daily newspaper of general circulation or a financial Jour- nal distributed ln the Borough of Manhattan, City and State of New York not less than 30 days prior to the redemption date fixed in said notice. Such notice shall be given not less than 30 days nor more than 60 days prlor to the redemp- tion date ln writing to the registered owners, by pre-paid first class mail, at their addresses as such addresses ap- pear on the records of First Citizens Bank & Trust Company, as bond registrar of the Issuer, but any failure in respect of such mailing will not affect the validity of the redemp- tion. 7. The School Bond, Series 1985, maturing on and after June 1, 1996 shall be subject to redemption prior to their stated maturities at the option of the Issuer on or after June 1, 1995, in whole at any time or in part on any interest payment date, at a redemption price equal to the principal amount of each School Bond, Series 1985, to be _c_ " , redeemed together with accrued interest thereon to the re- demption date plus a redemption premium of one-half of one percent (1/2 of 1%) of the principal amount of each School Bond, Series 1985, to be redeemed for each calendar year or part thereof between the redemption date and the maturity date of each School Bond, Series 1985, to be redeemed, pro- vided that such premium shall not exceed two percent (2%) of such principal amount. If less than all of the School Bonds, Series 1985, of any maturity are called for redemp- tion, the School Bonds, Series 1985, to be redeemed shall be , . selected by lot. If less than all of the School Bonds, Series 1985, of different maturities are called for redemp- tion, the School Bonds, Series 1985, to be redeemed shall be called in the inverse order of their maturities. If less than all of the principal amount of a single School Bond, Series 1985, IS to be redeemed, the Issuer shall exchange a School Bond, Series 1985, of the denomination representing the portion of the School Bond, Series 1985, not redeemed to the registered owner in exchange for the School Bond, Series 1985, a portion of which is to be redeemed. Whenever the Issuer shall elect to redeem School Bonds, Series 1985, notice of such redemption of School Bonds, Series 1985, stating the redemption date, redemption price and identify- ing the School Bonds, Series 1985, or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there shall become due and payable upon each School Bond, Series 1985, or portions thereof so to be redeemed, the principal thereof, redemption -7- premium and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue, shall be given by publication at least once in a newspaper_of general circulation in the County of New Hano- ver, North Carolina and at least once in a daily newspaper of general circulation or a financial journal distributed in the Borough of Manhattan, City and State of New York not less than 30 days prior to the redemption date fixed in said notice. Such notice shall be given not less than 30 days nor more than 60 days prior to the redemption date in writ- Ing to the registered owners, by pre-paid first class mail, at their addresses as such addresses appear on the records of First-Citizens Bank & Trust Company, as bond registrar of the Issuer, but any failure in respect of such mailing will not affect the validity of the redemption. 8. The General Obligation Refunding Bonds and the provlslons for the registration thereof, for the approval thereof by the Secretary of the Local Government Commission and for authentication thereof by the transfer agent and registrar of the Issuer, to be endorsed thereon shall be in substantially the following form: -R- (Form of Bond) No. R- $ UNITED STATES OF AMERICA STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER INTEREST RATE MATURITY DATE OF ORIGINAL ISSUE DECEMBER 1, 1985 CUSIP REGISTERED OWNER: PRINCIPAL SUM: .DOLLARS GENERAL OBLIGATION REFUNDING BOND The County of New Hanover (hereinafter referred to as nCounty"), a county of the State of North Carolina, ac- knowledges itself indebted and for value received hereby promises to pay to the registered owner named above, on that date specified above, upon surrender hereof, the principal sum shown above and to pay to the registered owner hereof interest thereon from the date of this bond until it shall mature at the rate per annum specified above, payable March 1, 1986 and semi-annually thereafter on September 1 and March 1 of each year. principal of this bond is payable by check by First-Citizens Bank & Trust Company, Raleigh, North Carolina, as paying agent, or by the duly appointed alter- nate or successor paying agent (the "Paying Agentn), in such COin or currency of the United States of America as at the time of payment shall be legal tender for the payment of public and private debts. Interest on this bond is payable by check by the Paying Agent mailed to the registered owner -Q- .' hereof at his address as it appears on the bond registry books of First-Citizens Bank & Trust Company, Raleigh, North Carolina, as transfer agent and bond registrar (the "Trans- fer Agent~), at the close of business on the fifteenth day of the calendar month next preceding each interest payment date. This bond is transferable by the registered owner hereof or his duly authorized attorney at the principal office of the Transfer Agent, upon surrender of this bond, accompanied by a duly executed instrument of. transfer in form and with guaranty of signature satisfactory to the Transfer Agent, and upon payment of any taxes or other gov- ernmental charges incident to such transfer. Upon any such transfer a new registered bond without coupons of the same maturity and in the same aggregate principal amount will be issued to the transferee. The person in whose name this bond is registered shall be deemed the owner hereof for all purposes, and the County and the Transfer Agent shall not be affected by any notice to the contrary. This bond is issued in accordance with the Regis- tered Pubic Obligations Act, Chapter 159E of the General Statutes of North Carolina, and pursuant to The Local Gov- ernment Finance Act and bond orders adopted by the Board of Commissioners of the County on October 28, 1985, to provide funds to advance refund the outstanding Solid Waste Disposal Bortds, dated September 1, 1982, and ~ublic Improvement Bonds, Series 1984, dated October I, 1984, of the County. -In- .."_' _ .""",_",,,' 'i:,"?-,n'r.h,;-,'/~:,-: ,.~,,,,,,~,,~_..,...........,~,,,,.....,""..-t,~,,,,,~..,,........,,t..-,. ,,~'~",'.'-:c. .-,. .r The bonds maturing on and after September 1, 1995 shall be subject to redemption prior to their stated maturi- ties at the option of the County on or after September 1, 1994, in whole at any time or in part on any interest pay- ment date, at a redemption price equal to the principal amount of each bond to be redeemed together with accrued interest thereon to the redemption date plus a redemption premium of one-half of one percent (1/2 of 1%) of the prin- cipal amount of each bond to be redeemed for each calendar year or part thereof between the redemption date and the. maturity date of each bond to be redeemed, provided that such premium shall not exceed two percent of such principal amount. If less than all of the bonds of any maturity are called for redemption, the bonds to be redeemed shall be selected by lot. If less than all of the bonds of different maturities are called for redemption, the bonds to be re- deemed shall be called in the inverse order of their maturi- ties. If less than all of the principal amount of a single bond is to be redeemed, the County shall exchange a bond of the denomination representing the portion of the bond not redeemed to the registered owner in exchange for the bond, a portion of which is to be redeemed. Whenever the County shall elect to redeem bonds, notice of such redemption of bonds, stating the redemption date, redemption price and identifying the bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there shall become due and payable upon each bond or portions thereof so to be redeemed, the principal " thereof, redemption premIum and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue, shall be given by publication at least gnce i0 a newspaper of general circulation in the County of New Hanover, North Carolina and at least once in a daily newspaper of general circulation or a financial Jour- nal distributed In the Borough of Manhattan, City and State of New York not less than 30 days prIor to the redemption date fixed in said notice. Such notice shall be given not less than 30 days nor more than 60 days prlo~ to the redemp- tion date In writing to the registered owners, by pre-paid first class mail, at their addresses as such addresses ap- pear on the records of First-Citizens Bank & Trust Company, Raleigh, North Carolina, as bond registrar, but any failure in respect of such mailing will not affect the validity of the redemption. It is hereby certified and recited that all condi- tions, acts and things required by the Constitution or stat- utes of the State of North Carolina to exist, be performed or happen precedent to or in the issuance of this bond, exist, have been performed and have happened, and that the amount of this bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by said Constitution or statutes. The faith and credit of the County are hereby pledged to the punctual payment of the principal of and interest on this bond in accordance with its terms. _l~_ . ' ~ This bond shall not be valid or become obligatory for any purpose until the certifications hereon shall have been signed by authorized representatives of the Local Government Commission of North Carolina and United Carolina Bank. IN WITNESS WHEREOF, the County has caused this bond to bear the facsimiles of the signatures of the Chair- man and the Clerk of the Board of Commissioners and a fac- simile of the corporate seal of the County to be imprinted . hereon and this bond to be dated December 1, 1985. (SEAL) (facsimile signature) Clerk, Board of Commissioners (facsimile signature) Chairman, Board of Commissioners Transfer Agent's Certificate of Authenticat.ion This bond is one of the bonds of the issue desig- nated herein and issued under the within-mentioned bond orders. FIRST-CITIZENS BANK & TRUST COMPANY By: Authorized Signatory Date of Authentication -13- , " .1' The issue hereof has been approved under the provisions of The Local Government Bond Act. (facsimile si~ature) JOHN D. !;'OUST S~cretary of the Local Government Commission ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto , the within bond and irrevoca- bly appoints . attorney-in-fact, to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment ~ust correspond with the name as it appears upon the face of the within Bond in every par- ticular, without any alter- ation whatsoever. Signature Guaranteed: 9. The School Bonds, Series 1985, and the provl- slons for the registration thereof, for the approval thereof by the Secretary of the Local Government Commission and for authentication thereof by the transfer agent and registrar of the Issuer, to be endorsed thereon shall be in substan- tially the following form: -14- (Form of Bond) No. R- $ UNITED STATES OF AMERICA STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER INTEREST RATE MATURITY DATE OF ORIGINAL ISSUE DECEMBER 1, 1985 CUSIP REGISTERED OWNER: PRINCIPAL SUM: DOLLARS SCHOOL BOND, SERIES 1985 The County of New Hanover (hereinafter referred to as "County"), a county of the State of North Carolina, ac- knowledges itself indebted and for value received hereby promises to pay to the registered owner named above, on that date specified above, upon surrender hereof, the principal sum shown above and to pay to the registered owner hereof interest thereon from the date of this bond until it shall mature at 'the rate per annum specified above, payable semi- annually on,June 1 and December 1 of each year. Principal of this bond is payable by check by First-Citizens Bank & Trust Company, Raleigh, North Carolina, as paying agent, or by the duly appointed alternate or successor paying agent (the "Paying Agent"), in such coin or currency of the United States of America as at the time of payment shall be legal tender for the payment of public and private debts. Inter- est on this bond is payable by check by the Paying Agent mailed to the registered owner hereof at his address as it -15- :u. ~~ ~ ~ J' " a ~ ~ appears on the bond registry books of First-Citizens Bank & Trust Company, Raleigh, North Carolina, as transfer agent and bond registrar (the "Transfer Agent"), at the close of business Qn the fifteenth day of the calendar month next J preceding each interest payment date. ':i ,~ :1 This bond is transferable by the registered owner ;i hereof or his duly authorized attorney at the principal ;.' ~ , , office of the Transfer Agent, upon surrender of this bond, accompanied by a duly executed instrument of transfer in form and with guaranty of signature satisfactory to the Transfer Agent, and upon payment of any taxes or other gov- ernmental charges incident to such transfer. Upon any such transfer a new registered bond without coupons of the same maturity and in the same aggregate principal amount will be issued to the transferee. The person in whose name this '., . I bond is registered shall be deemed the owner hereof for all purposei, and the County and the Transfer Agent shall not be affected by any notice to the contrary. , . ~ This bond is issued in accordance with the Regis- tered Public Obligations Act, Chapter 159E of the General ~~ Statutes of North Carolina, and pursuant to The Local Gov- "I J ernment Finance Act and a bond order adopted by the Board of , ~ :~ Commissioners of the County on November 7, 1983, to pay capital costs of improving school facilities. The issuance of this bond and the contracting of the indebtedness evi- ~ de need thereby ,have been approved by a majority of the qual- ified voters of the County voting at an election held in the ~ ~ County on January 17, 1984. -lh- . The bonds maturing on and after June 1, 1996 shall be subject to redemption prIor to their stated maturities at the option of the County on or after June 1, 1995, in whole at any time or in part on any interest payment date, at a redemption price equal to the principal amount of each bond to be redeemed together with accrued interest thereon to the redemption date plus a redemption premium of one-half of one percent (1/2 of 1%) of the principal amount of each bond to be redeemed for each calendar year or part thereof between the redemption date and the maturity date at each bond to be redeemed, provided that such premium shall not exceed two percent of such principal amount. If less than all of the bonds of any maturity are called for redemption, the bonds to be redeemed shall be selected by lot. If less than all of the bonds of different maturities are called for redemp- tion, the bonds to be redeemed shall be called in the In- verse order of their maturities. If less than all of the principal amount of a single bond is to be redeemed, the County shall exchange a bond of the denomination represent- ing the portion of the bond not redeemed to the registered owner in exchange for the bond, a portion of which is to be redeemed. Whenever the County shall elect to redeem bonds, notice of such redemption of bonds, stating the redemption date, redemption price and identifying the bonds or portions thereof to be redeemed by reference to their numbers and further stating .that on such redemption date there shall become due and payable upon each bond or portions thereof so to be redeemed, the principal thereof, redemption premium -17- ;.:i. :x '.. ~ I X ~ and interest accrued to the redemption date and that from. and after such date interest thereon shall cease to accrue, shall be given by publication at least once In a newspaper of general circulation in the County of New Hanover, North Carolina and at least once In a daily newspaper of general circulation or a financial journal distributed in the Bor- ough of Manhattan, City and State of New York not less than 30 days prior to the redemption date fixed in said notice. Such notice shall be given not less than 30 days nor more than 60 days prior to the redemption date in writing to the registered owners, by pre-paid first class mail, at their addresses as such addresses appear on the records of First- Citizens Bank & Trust Company, Raleigh, North Carolina, as bond registrar, but any failure in respect of such mailing will not affect the validity of the redemption. It is hereby certified and recited that. all condi- tions, acts and things required by the Constitution or stat- utes of the State of North Carolina to exist, be performed or happen precedent to or in the issuance of this bond, exist, have been performed and have happened, and that the amount of this bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by said Constitution or statutes. The faith and credit of the County are hereby pledged to the punctual payment of the principal of and interest on this bond in accordance with its terms. This bond shall not be valid or become obligatory -18- ~'" . '., .~ .." for any purpose until the certifications hereon shall ha~e . been signed by authorized representatives of the Local Government Conunission of North Carolina and United Carolina Bank. IN WITNESS WHEREOF, the County has caused this bond to bear the facsimiles of the signatures of the Chair- man and the Clerk of the Board of Conunissioners and a fac- simile of the corporate seal of the County to be imprinted hereon and this bond to be dated December 1, 1985. (SEAL) (facsimile signature) Clerk, Board of Conunissioners (facsimile signature) Chairman, Board of Conunissioners Transfer Agent's Certificate of Authentication This bond is one of the bonds of the issue desig- nated herein and issued under the within-mentioned bond order. FIRST-CITIZENS BANK & TRUST COMPANY By: Authorized Signatory Date of Authentication The issue hereof has been approved under the provisions of The Local Government Bond Act. (facsimile signature) JOHN D. FOUST Secretary of the Local Government Conunission _'0_ ~ ~ ~ r ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto , the within bond and irrevoca- bly appoints attorney-in-fact, to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every par- ticular, without any alter- ation whatsoever. Signatur,e Guaranteed: 10. Actions taken by officials of the Issuer to select paying and transfer agents, and a bond registrar, or alternate or successor agents and registrars pursuant to Section l59E-8 of the Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, are hereby authorized and approved. 11. The Local Government Con~ission of North Carolina is hereby requested to sell the General Obligation Refunding Bonds and the School Bonds, Series 1985, as sepa- rate issues and to state in each of the Notices of Sale of said bonds that bidders may name one rate of interest for part of said bonds and another rate or rates for the balance of said bonds. Subject to the ensulng sentences in this paragraph, said bonds shall bear interest at such rates as may be named in the proposals to purchase said bonds which -70- ::;,0' :'t')'lo '" ~;;" shall be accepted by said Local Government Co~nission. The Issuer hereby reserves the right to adjust the individual maturities of the General Obligation Refunding Bonds, up or down, by 9n amount not exceeding $50,000 per maturity, fol- lowing the opening of bids therefor. The Issuer also re- serves the right to reduce or enlarge the aggregate issue size of the General Obligation Refunding Bonds, by an amount not to exceed $200,000. 12. The Chairman and Clerk of the Board of Com- missioners of the Issuer are hereby authori~ed and directed to cause the bonds to be prepared and, when they shall have been duly sold by said Local Government Commission, to exe- cute the bonds and to turn the bonds over to First-Citizens Bank & Trust Company for delivery to the purchaser or pur- chasers to whom they may be sold by said Local Government Commission. The motion having been duly seconded, and the resolution having been considered, it was adopted by the following vote: AYES: Commissioner " Nolan O'Neal, Chairman John Dolan Fred Retchin Claud O'Shields, Jr. II II NAYS: None * * * * * * -21- ? - ',. -, () 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 to properties located on Allen's Lane, numerical range 1500-1800; MilitarY"Cl1t"'-o.ff (intersection Eastwood Road south intersectionWrightsville Avenue), numerical range 1400-1600 and Old Myrtle Grove Road, numerical range 5100-5300. WHEREAS, ready and accurate indentification of developed property is important for the del ivery of general County services, for the operation of commercial enterprises, for the response of emergency and publ ic safety vehicles, and for the convenience of the general publ ic; and WHEREAS, a comprehensive and systematic property numbering system is an efficient means of identifying property within the County; and WHEREAS, such a s~stem wi I I promote the health, safety, and welfare of the citizens of New Hanover County. THEREFORE, it further appearing that a publ ic hearing was held on the 18th day of November, 1985 at which time al I persons were heard on the question of whether or not assigning house numbers would be in the publ ie 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 publ ished 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 miles of said road in accordance with N.C. General Statue 153A-240. ...'111".." ~".,: ~ NO\; E :.. t"" ",' '(',' rr, Ad~"'~d - ~o""T-h ~ ~l..(.,." \fZfilo . . .~ 0 Q ..... _ : ' .0 , . oo....t ;. .. · 0 .--.:" - · 0 - =X)-- /o-t': : : . : : ~~ ~ a: {l = I:' o. __....- _.. $ -:.~ .JIUrr(:""'f.~'. 41- ~ 0 .00 ~'...!"r ';C;o t'Jo. ~~ .-:..~.,.. -..00..0 -, '('.... , FL. \'~ .... ATTEST: ',,~,'7 C ARO\.. .......... "'."'ICI'II..~~. '~' / / I ..., ~ ~ 'e/. y~_/~ Cle~k to the Board /' day of~~~ 1985. Q~~~. }I~airman, County Comm)ssioners