1985-12-02 RM Exhibits
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ARTICLES OF INCORPORATION
OF
NEW HANOVER CONVENTION AND VISITORS BUREAU, INC.
A NON-PROFIT CORPORATION
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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;
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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
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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
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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.
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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
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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
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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:
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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:
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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.
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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. .
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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.
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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
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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
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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.
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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.
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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
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day
of
8
(Chairman)
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1/82
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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;
"
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on this
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WITNESS my hand and the official seal of the County
day of ~~
of _~t. ,^J He.\. '1\ ^ \ /.Q. y-
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{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.
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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.
, ,
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~ 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" .
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{..{. . ,~, ;iA Address:lO ~.:cvb: '
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this=?~ day of
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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.
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At t est: e/14;lsSGllilG"e
irman, Board 0 Commissioners
New Hanover County
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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.
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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.
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of ommissioners
County
Attest:
Q?.q( ~~
Clerk
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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.
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ATTEST: '"",........-,
no · '(;/y~ .~
~O COMMISSIONERS "
1985.
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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.
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CHAIRMAN AND COMMISSIONER
..~. ,"-
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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
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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~
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ATTEST: "UII'
o~~~
Chairman, Board of ~ounty
/Commissioners
~~~
, Clerk
?
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"
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~
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.
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'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