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1984-02-06 RM Exhibits if t;U ~ JI-I It- ( 3 NORTH CAROLINA STATE DEP,l\RTr1ENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM . -4t North Ca ro li.na County of Ne\'J Hanover Road Description Nottlngham Road in Lansdowne Subdivision (Div. File #495-N) WHEREAS, the attached oetition has been filed with the Board of County Commissioners of the County' of New Hanover requesting that the above de- scribed road, the location of which has been indicated in red on the a~cached map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the oplnlon that the above described road should be added to the Secondary Road System, if the road meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE be it resolved by the Board of County Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road, and to take over the road for maintenance if it meets established standards and criteria. CERTIFIC.l'\TE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 6th day of February, 19 84 this the 6th day of February, 19 84 (){:~ v~~~~ Clerk, Board of Commissioners County of New Hanover Form SR-2 PLEf"SE NOTE: Forward direct with request to the Division Engineer, Division of Highways : ! il. II ! 1 II i i \ ,; i I \ I i I, jllI[ff"~'~]Ir-' ~~ ~YJ)/,,:11' NOTICE OF LIMITATION OF USE "The. property identified has been acquired or developed with Federal financial assistance provided by the National Park Service (formerly the Heritage Conservation Recreation Service) of the Department of the Interior in accordance with the Land and Water Conservation Fund Act of 1965, as amended, 16 U.S.C. S 4601-5 et gg. (1970 ed.). Pursuant to a requirement of that law, this property may not be converted to other than public outdoor recreation uses (whether by transfer, sale, or in any other manner) without the express written approval of the Secretary of the Interior. By law, the Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location." Further affiant saith not. This the 6th day of February 84 " 19 ~U< t. AtbM-. this 6th Sworn to and subscribed before me February ,. l~. 1984. day of ~;, V~- . (Notary Public) ~ '- My Commision expires June 12, 1985 I; I' II I! 'I I I I I ! ~ '.' .,. ,-.- _.~~.~-- ~ j" ~1 ~.~ .~$I-) ft. It " . / AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE SUBDIVISION REGULATIONS OF NEW HANOVER COUNTY ADOPTED FEBRUARY 17, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY 00l'H ORDAIN: Section 1. The Subdivision Regulations of the County of New Hanover adopted February 17, 1969, as amended be, and the same is hereby further amended as follows: 1. Under Article II, Section 1 Definitions add: (20) Barrier Islands: Any land formation composed of unconsolidated materials lying on the ocean side of the mainland. Estuaries or wetlands separate the islands from the mainland. 2. Under Article III, Section 2.2 add: (10) A sketch of the hurricane evacuation route from the subdivision to the nearest County shelter as determined by the County Civil Preparedness Office, if the subdivision or parts of it will be located on a barrier island. 3. Under Article III, Section 3.2 change the present item (16) as follows: (16) A Hurricane Evacuation Plan including a description and map(s) of the hurricane evacuation route from the subdivision to the nearest County shelter as determined by the County Civil Preparedness Office, if the subdivision or parts of it will be located on a barrier island. The plan and map(s) will include the estimated vehicle capabilities, bridges and low elevation points of subdivision roads; the projected maximum size and geographic distribution of the population of the subdivision; and estimates of mobilization, travel, and queuing delay times for safe evacuation of the population. This plan and map shall be submitted with, but be separate from the preliminary plat. Only two copies of the hurricane evacuation map(s) and plan need to be submitted. The map showing evacuation routes within the subdivi- sion shall be at a scale not less than 1" = 400'. The portion of the evacuation route fram the subdivision outlet(s) to the nearest County Shelter should be delineated upon an Official County Map. Copies of the plan shall be retained by the Planning Department and the Civil Preparedness Office. 4. Under Article IV, add Section 2.10, 2.11 and 2.12 as follows: 2.10 Roads within the subdivision must be designed to provide sufficient capacity for safe and timely evacuation of residents in case of a hurricane, if the subdivision or parts of it are located in a V-zone. Factors involved in determining the safety and timeliness of evacuation include the presence of low points, bridges, or other evacuation route bottlenecks, and vehicle capacities of the roads. 2.11 Barrier Islands Subdivisions that are located on Barrier Islands that are not connected to the mainland by a permanent network of roads and bridges shall establish a community boating facility on the island and on the mainlnd with the number of spaces in each facility being equal to or greater than the total number of lots. ,,~ '1ll jj-t;t.J:..~_'A~) t/?? ./y ~ ~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'CI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .;;;;::--.. ~ r-1 ----- . ~ .' ~. _. . . _ . . . . . : _ ~~~~"~': _.~-'~ u ~'<Jj_~~:.:': :; ~ _~':';"_:- . -- . ~... ~ ~ .~.. . ~.,. . . . ~ ...........................................e..................................... . ~ New JIaunuer atnuntll 1Sonrb of mommhlsiontrs llroclamation , , , , . . . , 1:1 :1 ~ I ,I :1 :' , . , , , , , ,:1 1:1 I:, I ~ I :1 ,I ,I :1 ;1 WHEREAS, the people of New recognize the valuable contributions profession to history, development and the County of New Hanover and the America: and Hanover County of the surveying quality of life in Uni ted States of WHEREAS, the surveying profession requires special education, training, experience, and knowledge of the principles of mathematics, the related physical and applied sciences, and requirements of law for adequate evidence: and WHEREAS, surveyors are uniquely qualif ied and licensed to determine and describe land and water boundaries for the management of our natural resources and protection of private property rights; and WHEREAS, President Reagan has signed into law a resolution of the Congress of the United States .authorizing the proclamation of the week beginning on .: March 11, 1984 as "National Suveyors Week." NOW, THEREFORE, the New Hanover County Board of Commissioners do hereby proclaim the week of March 11-17, 1984, as NATIONAL SURVEYORS WEEK.. . -. -",.- .-- ----.. _... .,....... :',.. in New-Hanover-County,.-and call upon a11.o&r citizens to observe~~uch week,withapp~opria~a-ceremonies and . ".. activi~ies . paying tri_bute;~ to.:: professional surveyors and ..:..- ,.the.~rcon~~ibu.~i~n _.~~;::h~- people>:~~ New. " ... -.., - ..,'s.igned;the ;-~~-dAY c;f -. February:;""'T984. ~.~.~~ ..:~.:~_.,:~':~." ~. _ . 4~.:~ .:,'- ~~".~:;:.' _'~~:. H' <-, ~~.~':.-~:~. : . '. ~'~,~..:~::.::. ."J"":~~J<:-':.. <. h_" :~"'-',~:V~t' ':~';:L':::' ' -;~,;' -. A-:;..~~n E. G~ttovi ,>:, . " . . ... ---<-:,:.'Chairman < ~. .!., ..i ..... z :1 :1 , I :1 . . , o o , , ~I 'I 01 I~I ~I ~ I " I" " 10' " I: I: I: I: I~ , ~I ~I f; ~ ~fl;-flj./~ AN ORDINAN'CE OF THE COUNTY OF NEW HANOVER, NORI'H CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY rom ORDAIN: Section 1. That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended be and the same is hereby further amended as follows: A. Amend Article II, Definitions by inserting a new Section, 23-75 to define Urban Services Area to read as follows: Section 23-75 Urban Services Area - A defined geographic area identified on the Wilmington-New Hanover Land Use Plan, including all lands designated as "Developed" and "Transition" and beyond which urban services shall not be provided within a 10 year planning period. Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted in the interest of public health, safety, morals, and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. ~~J t5 , 1984. 1~C.~ CHAIRMAN AND COMMISSIONER cL. L~ .~ ~\- ,,' v~ Clerk ij~ ~zrJfd.jS I to ~. '>' RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY: WHEREAS, the North Carolina General Assembly has authorized the Board of Commissioners of New Hanover County to do all things necessary to terminate the Retirement System of New Hanover County, North Carolina (hereinafter referred to as the WPlanW): WHEREAS, in connection with said termination, it is necessary to amend the Plan to add the IRC Section 415 limits. NOW, THEREFORE, BE IT RESOLVED, that the Retirement System of New Hanover County, North Carolina is hereby amended. This amendment shall be made by adding a new paragraph (e) to Section 6 of the Plan to be effective from and after July 1, 1976 and which shall read as follows: (e) A Participant's benefit from this Plan, payable in the form of a single life annuity and expressed as an annual benefit, shall not exceed the lesser of (a) $75,000 (actuarial1y reduced to reflect distributions prior to age 55), or (b) 100% of his average compensation for the three consecutive calendar years (or such other twelve-month period which may be elected by the Employer) during which he was an active Participant in the Plan and had the greatest aggregate compensation from the Employer, except that such limita- tion shall not apply where the aggregate retirement benefits payable to the Participant under this Plan and under all other defined benefit plans of the Employer do not exceed $10,000.00 during the current Plan Year or any prior Plan Year, and the Participant has not at any time participated in a defined contribution plan maintained by the Employer. The dollar limitation provided in this paragraph shall be adjusted effective as of January 1st of each calendar year for cost-of-living increases in accordance with the regulations promulgated under Section 415 of the Internal Revenue Code of 1954 and the adjusted dollar limitation shall apply to the Plan Year (which shall be the limitation year) ending with or within that calendar year. If a Participant has less than 10 years of service, the limitation otherwise applicable under the first paragraph of this section shall be com- puted by multiplying such limitation by a fraction, the numerator of which is the Participant's years of service and the denominator of which is ten (10). If a Participant under this Plan is also a Participant under a defined contribution plan sponsored by the Employer, the wannual additionsW to his Individual Account under such defined contribution plan will be reduced to the extent necessary to prevent the sum of the wdefined benefit plan frac- tionW and the wdefined contribution plan fractionw, computed as of the close of the Plan Year, from exceeding 1.4. ,. I r- "-' For purposes of determining this limitation, the ndefined benefit plan fraction" is a fraction, the numerator of which is the Participant's pro- jected Normal Retirement Benefit under this Plan payable in the form of a straight life annuity and expressed as an annual benefit (determined as of the close of the Plan Year), and the denominator of which is the maximum benefit allowable under Section 415(b) of the Internal Revenue Code of 1954. For purposes of determining this limitation, the "defined contribution plan fraction" is a fraction, the numerator of which is the sum of the "annual additions" to the Participant's Individual Account under the defined contribution plan for the current Plan Year and for all prior Plan Years, and the denominator of which is the maximum amount of "annual additions" which could have been made under section 4l5(c) of the Internal Revenue Code of 1954 for such Plan Year, and for all prior Plan Years. The words are defined in Section 4l5(c)(2) of the Internal Revenue Code of 1954. For purposes of applying the rules of this section, the following pro- visions shall apply: (a) all defined benefit plans of the Employer shall be considered as a single plan, and all defined contribution plans of the Employer shall be considered as a single plan; and (b) all corporations in a controlled group of corporations (within the meaning of Section 1563(a) of the Internal Revenue Code of 1954, determined without regard to Sections 1563(a)(4) and (e)(3)(C), and as modified by Section 415(h) of the Internal Revenue Code of 1954) and all members of an affiliated service group within the meaning of Section 414(m) of the Internal Revenue Code of 1954 shall be considered to be a single corporation. If the Employer maintains more than one defined benefit plan, Section 415(b)(1)(B) of the Internal Revenue Code of 1954 (which limits the annual benefit to which a Participant is entitled to 100% of his average compensa- tion for his high three years) shall be applied separately with respect to each such plan, but in applying such limitation to the aggregate of such defined benefit plans, the high three years of compensation taken into account shall be the period of consecutive calendar years (not more than three) during which an individual had the greatest aggregate compensation from the Emplo~e~~ rj)f>f>f> ou 000001). .6 ?"'r r~J{jJ~gfl7~~. of Adoy~.ea t v~~_~day ;0' { WA~~ *.'1 (cl0::/> c.. ,II! "'~ \ If ,.\\ U fl'!: \'" :', ~\ t,~ \~~~~ . -. T ,~~ (fJ/':,,,""/)9i:J1 , ~:~,\. ~ --;;tt1~P ~ o BOARD OF COUNTY COMMISSIONERS NEW HANOVER COUNTY , 198)t K~e.~ (Clerk) .. I ...___'.'---;-"A I. 'i:f ~ ~cP:-),;ot. /~- 0\ ,.(:,(..e/LL STATE OF NORTH CAROLINA : 58. : COUNTY OF NEW HANOVER I, LUCIE F. SMITH, Clerk of the Board of Commissioners of the County hereinafter described, DO HEREBY CERTIFY, as follows: 1 . A regular meeting of the Board of Com- missioners of the County of New Hanover, located in the State of North Carolina was duly held on February ~, 1984, proper notice of such meeting having been given as required by North Carolina statutes, and minutes of said meeting have been duly recorded in the Minute Book kept by me in accordance 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 l)OoOODDOOOooOa' /l;1i;......~~o~~..~.;!'~ h.ereunto affixed the corporate seal of said County, $;7/0' .' ~ls\) ~J~h. day of February, 1984. <s"' 00 .~ 'i\ j '". , 'b s t l_ 0 0 tJ {3 g ,>, ", g <-'l fJ g' 0 .;',. \, g "-i' [, C' ~q;;' [0 g \.1, 0 '!>-.- ..0 (j () 0 IMPL .~ S 00 lJ ~<l, "'k 00000 I~...,'... 0000 /f "", O~ 0000000000 \~'?/ <;)000 '"If C A \\ O\: rffP 'Oooe oOCC OOO~DP,1l0f191)n \ -~ EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS The Board of Commissioners of New Hanover County met ln regular session on Monday, February 6, 1984, at 7:00 p.m., in the Assembly Room, New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Karen E. Gottovi, Chairman Jonathan Barfield, Sr. Donald P. Blake Nolan O'Neal Members absent were: * Claud 0' ~hields, Jr* * The Clerk of the Board of Commissioners placed before the Board of Commissioners a Certificate of Canvass of the New Hanover County Board of Elections certifying to the Board of Commissioners the results of the Special Election held in the County of New Hanover on January 17, 1984. The Certificate was read and considered. Commissioner Barfield moved the adoption of the the following resolution: WHEREAS, the Board of Commissioners has considered the Certificate of Canvass of the New Hanover County Board of Elections canvassing the referendum held in the County of New Hanover on January 17, 1984 and certifying the result thereof to the Board of Commissioners, and has canvassed the result of said Special Election; NOW, THEREFORE, f :- ~'," BE IT RESOLVED by the Board of Commissioners of the County of New Hanover that it be and hereby is certified and declared that the number of voters registered and qualified to vote at said Special Election was 48,973. FURTHER RESOLVED, that it be and hereby is cer- tified and declared that the total number of voters who voted "YES" in answer to the question, "SHALL the order authorizing $11,500,000 of bonds secured by a pledge of the faith and credit of the County of New Hanover to pay capital costs of improving public school facilities in New Hanover County, including the construction of new school buildings and additions to existing schools, and including the acquisition and installa- tion of furnishings and equipment necessary therefor, in order to maintain public schools in the County for the school ~erm prescribed by law, and a tax to be levied for the payment thereof be approved?", was 4,151. The total number of voters who voted "NO" in answer to such question was 1,684. FURTHER RESOLVED, that a statement substantially in the form hereinafter set forth declaring the result of said election shall be prepared, delivered to the Clerk of the Board of Commissioners for filing and recordation and published in accordance with law: -2- STATEMENT OF RESULT OF SPECIAL ELECTION HELD IN THE COUNTY OF NEW HANOVER JANUARY 17, 1984 WHEREAS, by direction of the Board of Commissioners of the County of New Hanover, in the State of North Carolina, a special election was duly called and held in said County on January 17, 1984 for the purpose of submitting to the qualified voters of said County the question hereinafter set forth, and the said Board of Commissioners has received from the New Hanover County Board of Elections a certifica- tion of the results of the election, and has determined the result of said election to be as hereinafter stated; NOW, THEREFORE, The Board of Commissioners hereby makes the following statement of the result of said election pursuant to The Local Government Bond Act: (1) The number of voters registered and qualified to vote at said election was 48,973. (2) The total number of voters who voted "YES" in answer to the question, "SHALL the order authorizing $11,500,000 of bonds secured by a pledge of the faith and credit of the County of New Hanover to pay capital costs of improving public school facilities in New Hanover County, including the construction of new school buildings and -3- additions to existing schools, and including the acquisition and installation of furnishings and equipment necessary therefor, in order to maintain public schools in the County for the school term prescribed by law, and a tax to be levied for the payment thereof be approved?", was 4,151. The total number of voters who voted "NO" in answer to such question was 1,684. The question in the form submitted was approved by the affirmative vote of a majority of those who voted thereon at said election. Any action or proceeding challenging the regu- larity or validity of this bond referendum must be begun within 30 days after February 9, 1984 (date of publication) Board of Commissioners of the County of New Hanover, North Carolina Commissioner Blake seconded the motion, and the motion was adopted. Those voting for the motion were Messrs. Blake, Barfield, O'Neal, and Chairman Gottovi. No one voted against it. Commissioner O'Shields was absent. * * * * -4- if t;U ~ $1 It' (3 NORTH CAROLINA STATE DEP.l'\RTt1ENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM ~ -\ North Caroli.na County of Ne\'J Hanover Road Description Nottlngham Road in Lansdowne Subdivision (Div. File #495-N) WHEREAS, the attached oetition has been filed with the Board of County Commissioners of the County' of New Hanover requesting that the above de- scribed road, the location of which has been indicated in red on the aCcached map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the oplnlon that the above described road should be added to the Secondary Road System, if the road meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE be it resolved by the Board of County Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road, and to take over the road for maintenance if it meets established standards and criteria. CERTI FI C.l'\TE The foreooina resolution was duly adopted by the Board of Commissioners of the County at" New Hanover at a meeti ng on the 6th day of February, 19 84 . this the 6th day of February, 19 84 /-~ /l /. ) / _ ~ V: ~v~2--L Clerk, Board of Commissioners County of New Hanover Form SR-2 PLU"SE NOTE: Forward direct with request to the Division Engineer, Division of Highways -~-----~-----I---~---- --~-~- --1-- II I; I! ~."A'~'<I:<-_"""'_"'A",, , ..'...-----.....-- ."""'.....~-,. -..,;;\';;'O.\,;oo.vJ.'.... .c;,;,-o-~ ClUU. (10) A sketch of the hurricane evacuation route from the subdivision to the nearest C~unty.shelter as determined by the County Civil Preparedness Offlce, lf the subdivision or parts of it ill be located on a barrier island. W 3. Under Article II I. Section 3.2 chanm=> t-hp nroconr ; +-.....1Tl (, r::. \ _~ .s::~" __ __ _