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Home My WebLink About1984-05-07 RM Exhibits ;:;~ M. ~jJd.~7 ~ roclamalion WHEREAS, the well-being of our people depends upon the production of ample supplies of food, fiber and other products of the soil; and WHEREAS, the quality and quantity of these products depend upon the conservation, wise and proper management of the soil and water resources; and WHEREAS, our people have a mutual interest in the land and share the responsibility of preserving its productivity; and WHEREAS, conservation d'istricts provide a practical and democratic organiza- tionthrough which landowners are taking the initiative to conserve and make proper use of these resources; and WHEREAS, the conservation districts are carrying forward a program of soil and water conservation in cooperation with numerous agencies and countless individuals; NOW, THEREFORE, I, in full appreciation of the value of the soil to the public welfare, and desiring to honor those who protect it, do hereby proclaim May 27 - June 3, 1984 cJoil e5lewardship Q)))eek Attest: 4~' ~~d.;r~1 ~ fI" ~ ,M-YP / rf7cg - d- ? . Intrcduced by: G. Felix Cooper, Manager Date: RESOllJTION ACCEPTING OFFERS TO PURCHASE SURPLUS REAL PROPERTY WHEREAS, certain offers to purchase parcels of real property owned wholly or jointly by New Hanover County and/or the City of ~'Jilmington have been advertised for upset bid in canpliance with North Carolina General Statute 160A-269 and pursuant to resolutions adopted by the City Council of the City of v-Jilrnington on March 27, 1984 and the Board of Comrnissioners of New Hanover County on April 2, 1984; and WHEREAS, there have been no further qualifying upset bids entered for the property described on the attached list within the statutory period allowed by NCGS 160A-269; and v-!HEREAS, the offerors indicated on the attached list have agreed to pay the amount indicated on the attached list for the parcels of real property shown thereon; and WHEREAS, the property is declared by the County Canmissioners to be surplus and not needed for public purposes; and ~rlliREAS, it is in the best public interest and welfare to dispose of this property in accordance with t..l1e negotiated teIms and conditions. NCltJ 'I'HEREFORE BE IT RESOLVED: 1. That pursuant to NCGS l60A-269, the County Canmissioners do hereby accept the offers to purchase as indicated on the attached list fran the offerors as indicated. 2. k~~' Cha . , Board of C-OmTl.issioners ~optErl~~_' .) rneetin3 ,19ft-. ATIEST: ~V~_ ty Clerk l i>,.;\. (~.!.tlr) NU~W l.:;l{ : tlU01...00t){)!:)-009-00 3.000 I\DPRESS: 200 BloCk North carolinaAve;ue ~-'-'-'---~-'---T~C^L OESC.: Lots 5 & 6, Blk 38 .: ;\S~ESSED VAl.UE:'"' Uu\jD.~"3:72r"----" '-I3TD(~-g-.-~'-$----:"-"" l'()rA1..~' 's' - -j;720""Sumrer--Hi1'. n'rHENSr()NS: . 66 x 132-"'.----~."-.-T()N.ING: R/A,u"-"-"'-j\:(;():-'(:O~j,/,: $ . 'i;887:i6'" ,..--.-- :;: CITY: ,_84,7 --=-~'-f.-c()-ljt,h':Y:~~~~l5..~~_____.~..:-=-~~"'- ''''-'-'--crr; COST: $' '1;598:98'-" ---- B1D: $___1.,.000 :~ OF ASSESSED VALUE: __.., .5.3..~... __ ... , __...._. - ..- --- - . .... ., .--.-- Ll ENS: TYPE: \) j,TI': 1\01\ : ..:[<?~ .J~.' _}'!rrraL~. ~:L!e.,. Ey~_. Mae Murray -.------ 233 North Carolina Avenue ... . --- . _~~~nin<;rton, N. c. 2~~.9l-__ _. ___._ TOT^L - _.-~ -.-- ... -.-".- - --- -- ..-.. -- -_.- - - -~- TAX HAP NUNBER: ____~Q.O].:-..9_5.:t0?_-02)':'.9l1~00 ______ ;\DDRESS: 321 South Sixth Street LEGAL OESC:. : pt. W end 6 Blk 118 .\~SESSED ~\LUI':-:-L:\Jll)$~~-~'~~(~:==-.~=:~~.~~m:l)'(;S .-S----.- TOT^'y, 'S- ,." 860' - - -- --,---. lH ~!ENS IONS: 22 x 50 7.0N r NG: R~2 --._-- --AD? COST: $'-- 2 ~265 :94- . - .. ,.- - :,. CTTY: 93-:-8----. i-l:()lIN-;-i;-~":----6.2 . -... . --..- ...- ...-, CTTY COST: S' 2 ~126 ~10 - - 'n' --.. l;l!): $ - '-43i)"'---~==-:: % OF N,SESS-ED' "\fA'i"'U'E:"" 50 " . - - - qN -- -'- .--. \)FFEROR: LTENS: ----.-..-.----.---7Y-r-;-F.:-.. Elaine P. vlarshauer 1608 E. 5th Street Greenville, N. C. 27834 TOTAL ---.--.-.-----.. ..----.--. ;. .\:\ 'lAP NU~il)EI~: 6001-05405-028-002.000 \11i'i-:E:->:->: Rear 40'S-soliBi '6th -street' . .-- ..., ,-.- . . -- " -[.1':(;1\1. 1lI':~iC.: Pt lot 2 Blk 105 ,\~~ESSEDV'Al:U'E: 'LA'N'li'{___300 ____~.:...~~~...: -B'C6r.-s'.' s- . TOTAL $ 300 i) nlENS lONS :_~Q.~~~__~~._ __:~ ~ ~ __... . _._._____ ZO~'ljTN(;:_ I3.-:-? .-~-: :~_~.~~\C(i".--(;OST: $ .' : 18b:: - : -~ ~-:-~~~ C IT)': . .~?_.__.___ ..' . ? COUNTY:.. }?__________ _ _. _ . .. CITY COST: ~ 117 l\ID: ~ 150 ._.._..______. 'I.. DF AS:->ESSEU VALUE: _._~~___._._._..____ ' \1FFEl\OR: LIENS: TYPE: Elaine P. Warshauer 1608. E. . ?~__ St!"~~t:: _ . Gre~~~l!-~L N ~ s:.:.__?~~~~. TO'[',\L i (~\ ~;lIU' i i!...;~"..;..) .r" -" .' ,-'v .,>i'J,,,, '",,:~~>J''''002 . UU..i... ...----- ADDRESS: Rea;r-2..J..4._NUfL.sj:r~t___._______.___.___ _.____0'.._ LE(:AL DESC.: _~ JP6t 2 ~~ _10_5._.. ____ -A~SESSlm V,\l.trE: LAND t_~9Q_.____..____ liI.DCS.: $.,.-=-._.___._.__.____ TO'J'AL: ~ __.O~_.__..._._._____ ilLN.J::NS'IONS:~-X66 . ZON[NL:: R-2.. ACQ.' COST: $ 352.37 :(: CITY: _5_4_._8___~~_ Z CO-iINl~;~1~~~________~~~~---'--'------CI'j'Y COST: $- - - -i9:L51-' nO .---.-- B 10: $_3.0_0 .______ :~ ()F i\SSJ~SSED Vi\Ll1E: __...?_Q_._. _..__._._ _.._.___. .__.__ ____ __ . - . .- . -- l1FFEROl{: LU:NS: TYPE: Elaine P. Warshauer 1608 E. 5th Street Greenville, N. C. 27834 TOTAL -.--.-.---- "--- -------- 1'''.\ NAP NUl-lEER: --_._~_._....-- -_._-..---~-_...----.._._--------_..._--_.-.. ~_.- ,\DDRESS: LEGAL DESC.: .\SSESSED VALUE: LAND f~~~-~~~~~-~r\i:Ji(;s. f' ------- TOTA-I.- -s' . - 0- <-- .---- u_____.__ ---- tlUtENSLONS: ___._________ZON[N(;:' --- -".... ,0 ---^Cl). COST: .S - - -. - - __.n - - - --..- .;~ CITY: _____._.____ ___" _ :::: COIlNTY: _.., _, _---- ------------CrTy COST: -S - - -. _'_,_u -. ------- II IlJ: $ % OF ASSESSED VAL.UE: \)FFEROR:-------..- LIENS: TYPE: TOTAL U:\ ~tAP NUNtlER: _\l'nRE~S : .\:-,~!-:SSl.:i) VALUE: 1\ HIENS WNS : ',. CITY: BIn: $ l1FFEROR: -.-.---.--.- -'.----....--.----..--- .-.--.-- -.- _.. ......-.- - .'._----- f.lo:C^ I. I)[':sr;.: L.\ND $.._.. ..__.._._.____ _._.__ __.~_..___ l3LUCS. S 'J'O'I'^(' ~; ____ _____________ _.__ ZON1NC: ___~~-=-_-==-'\CcT.-'?:OST: ~_ . __ . ~ ~_ ~ ~_:. ~ ~ :_._.: __~ _ % ~OU NTY : _____ CITY COST: $ 7. OF ASSESSED VALUE: LIENS: TYPE: TOTAL ;J~ Introduced by: F( -l.- At! -' 'Y1> (~' d- 1 RESOLUTION PROPOSING ACCEPTANCE OF OFFERS TO PURCHASE SURPLUS REAL PROPERTY WHEREAS, certain parcels of real property owned wholly or' jointly by New Hanover County and/or the City of Wilmington have been offered for sale pursuant to North Carolina General Statute 160A-269; and WHEREAS, the offerors indicated on the attached list have agreed to pay the amounts indicated on the attached list for the parcel of real property shown; and WHEREAS, the properties are declared by the County Commissioners to be surplus and not needed for public purposes; and WHEREAS, it is in the best public interest and welfare to dispose of these properties in accordance with the negotiated term3 and conditions. NOW THEREFORE BE IT RESOLVED: 1. That pursuant to NCqS l60A-269, the County Commissioners propose to accept the offe~s to purchase indicated on the attached list from the offerors as indicated. 2. That the County of New Hanover and/or the City of Wilmington will retain any deposit posted by the offerors when: a. the offer is withdrawn after posting the deposit; or b. the offeror fails to pay the balance of an approved offer, due in cash, within ten (10) days of receipt of a notice by certified mail of availability of the deed of conveyance. 3. That the County of New Hanover reserves the right to reject any and, all offers. 5. of New Hanover will require the offerors to deposit five the offered prices immediately following adoption of this 4. will publish a notice of the ;{~ ~ ~ Chaxrman of the ~oard of wmmissianers ~~OPW'~ ~ ATTEST: meeting 19 Cf . ADlJiO~S;.5;'~ 120 - St. "Jaines Allev -- ASSESS~D VAl.UE: LAND $~~O OIMENS10NS: 27 .6 x 75 :4 cyry: ---54__ l. COUNTY: BID. $__J.2.9-__ i. OF OFFEROR: . John EdVlara Evans, Jr. & wife, Wce E.'ljeretl:"1:vans----- 4.O~~Qt Wi.1.mington, N. C. 28401 LEGAL -0- ACQ. CITY DbC.; .l:'t. .Lot. S Blk 140 690.00 570.21 , 307.80 B LDC S.: $ ZONING: R-1 ___4..2-__ ASSESSED VAl.UE: . LIENS: TOTAL: $ COST: $ COST: $ 51 TYPE: TOTAL -0- ...~ TA.X ~!J\P NUHnEl~: 6001-054l0-018-0~.6. OOlL___ ADDRESS :___~J.4 ~en Sq::eet ASSE_SSED VALUE: L\~iD ~450 OnrE~SIO:iS: 33 x 115 i. C In : 64 . 6 nID: $ 725 OFFEROR: LEGAL BLDCS. $ -0- ZONe!G: R-1 % COUNTY: 35.4 1. OF ASSESSED VALUE: LIENS: DESC. : Pt. LDts 1 & 2 Blk 67 TOTAL $1,450.00 ACQ. COST:$ 3,571.61 CITY COST: $ 2,308.46 TYPE: 50 Augusta E. HcConald 1018. S. 8th Street Wilmington, N. C. 28401 -- TOTAL -0- T i\X :'LW mjr-mER: -60JU, -0 LlSl3..::.QCl.S.::.O.O.s...DnO ADD!{ESS: ._13-0_4-.11Q.uh_.2t.h_~trs=et__._________ LEGAL ASSESSED 'JALlJE: 1./010 .$ 870.00 !.lLDGS.: $ ~-=o:. OI}-!ENSIOUS: 22 X 115 . ZONING: .1-12 % qTY: S-2------T cou~Tj.-;{;---18 Inn ~ $---__.4.3.!2..,Q,L-____ % OF' ;;-SSESSED VALUE: OFF[HOR: ACQ. CITY DESC. : S~\74 N1i'75 Block 282 TOTAL ~-S"fO:Oo----"-- COST: $ 773:i!f COST: $ hil 78 TYPE: LIENS: 50 .---Rosa..lA..ae..l.1cclain __B08 Nort:b_G..th ..5.:tJ:.P-.eL -_..Hi.l.rninq.t.Oll...-lS'..J:.....28..1Ql__._ TOTAL ==-=--Q- --= ~ Introduced by: RESOLUTION PROPOSING ACCEPTANCE OF OFFERS TO PURCHASE SURPLUS REAL PROPERTY WHEREAS, certain parcels of real property owned wholly or jointly by New Hanover County and/or the City of Wilmington have been offered for sale pursuant to North Carolina General Statute 160A-269; and WHEREAS, the offerors indicated on the attached list have agreed to pay the amounts indicated on the attached list for the parcel of real property shown; and WHEREAS, the properties are declared by the County Commissioners to be surplus and not needed for public purposes; and WHEREAS, it is in the best public interest and welfare to dispose of these properties in accordance with the negotiated terms and conditions. NOW THEREFORE BE IT RESOLVED: 1. That pursuant to NCGS 160A-269, the County Commissioners propose to accept the offers to purchase indicated on the attached list from the offerors as indicated. 2. That the County of New Hanover and/or the City of Wilmington will retain any deposit posted by the offerors when: a. the offer is withdrawn after posting the deposit; or b. the offeror fails to pay the balance of an approved offer, due in cash, within ten (10) days of receipt of a notice by certified mail of availability of the deed of conveyance. 3. New Hanover reserves the right to reject any anq 4. to deposit five adoption of this 5. Board of Corn missioners will publish a notice of the NCGS 160A'-269. of ~mmissioners IJlfeting 19 t1~ . . I ATTEST: !I\k,' _~____ ~rk ! ""', i-;\X. ~IAI' NlINHE1{: _J~.9P_l_~_O~11 09-_02 7 -.00 1 ~ 000 \Pill{FSS: 801 South j th Stree t . ., -,' , '. . I ...- ~I ;-',.- -- -'. 1 . ..' -.,. ( - - - - - ,.\~~l',,~I',11 \ AI.U.... LAND,> ...090 "l~t1'~~~lt)N~,: '~'.:C 71 \,l!Y: ~l'I..~)" ('(1111\1 Y: '\11;. ~: 23"65.00 \11'\';:,1<:-;:;\'1) V,\I,III<: I.II'_N:; : I\I,I)(:~;.: ::; 26/.0 ;i,UN I :~t: : Rl 1.5 . 5 50 \ ! . i. I l~ \ )~, : ,T ohn A. \\Ta\rrucl~ /+20 South 5th Street Hi l~lin~~_OI~ I_ _ N. C. _ 213~O 1 1-, ) 1,\ I , .\\ :\.\1' 0.\1:11;;':1,: '11~'~\1'~~:< : \'<<1 :-,:'T1\ V_\i.I,I-:: l.:\~!\ ll, I I) I . ~:. \' , 1."( :,\1, ')1/;;1:.: 'I '( ) I III, ,\1:1.:. (:1.':, i : I Ii',' l:i ': :'1 : . : ~l; \;, 1\ \,\:; : .', \i\: I Nt:: ,-\ 1'\ : ItHINn: I 1/' . \:;:. ,.:;:-; I- i I \' ,\ I Ii 1-: : I.II.N'; ; T1' "I.: \ ~ i): ~3 , i. 11,\) I, : 1'1) I \I. \\ '\'\1) ,\:':11\l:l\: ':\i\l">~~~ : I, "1 ,;\ I.- I) I'.; ; (: : ',' :-'-:>;:l) \',\1.llt:: 1.,\NI\.. I :IL:\:~ j t )~~~ : I \ I .1 'I : ~:. ' /'.nN I Nt:: "1 1"1 1\ I 1\ ( :, ~. ( :( i:;' : l: I 1''1' UI;:I: \! 11: (( );1 N IY : :- \11'- ..\';::I,:~;:;t'.11 V^I,IIl-': 1.ll<NS: TYl'l< : , 1 ;1: ~~ \ iT/Wi-(: -It \ , :\ I. ~ # ,~ /;/ # ~I?'Z-~ PROJECT ORDINANCE RUNWAY 34 APPROACH CLEARING PROJECT - NEW HANOVER COUNTY BE IT ORDAINED, by the Board of Commissioners of New Hanover County: WHEREAS: 1. New Hanover County (County) engages in Ru~way 34 Approach Clearing project, which capital project involves the construction or acquisition of capital assets. 2, County desires to authorize and budget for said capital project in a project ordinance adopted pursuant to North Carolina General Statute $159.13.2, such ordinance to authorize all appropriations necessary for the completion of said project. NOW, THEREFORE, WITNESSETH THAT: 1. This 'project ordinance is adopted pursuant to North Carolina General Statute ~159.13.2. 2. The capital project undertaken pursuant to this ordinance is the approach clearing for Runway 34, which project is herewith authorized. 3. The revenue that will finance said project is: State Grant $28,400 Transfer from Airport $28,400 TOTAL $56,800 4. The following appropriations necessary for the project is herewith made from the revenue listed above: ! Engineering Clearing Services Contingencies TOTAL $ 4,300 $50,000 $ 2,500 $56,800 5. This project ordinance shall be entered in the minutes of the Board of Commissioners. Within five days hereof, copies of this ordinance shall be filed with the Clerk to the Board of Commissioners. Adopted this .14 ~ day of 1984. ~ ;- t;~ PXlJ rr ~ -25 RESOLUTION OF THE BOARD OF COUNTY CmUlISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 3:00 o'clock A.r1.!p.H. on the 26th day of April 19~, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for Three (3) Tandem Axle Dump Trucks (6x4) "Triple T" Parts & Equipment Company $139,995.00 John Robbins Motor Company $128,127.00 AND WHEREAS, the Engineering Department, the Finance. Director and the County Man~ger recommend that the contract be awarded to John Robbins Motor Company the lowest responsible bidder, in the amount of One hundred twenty eight thousand, one hundred twenty-seven and no/100's Dollars ($ 128,127.00 ); AND WHEREAS, funds have been previously appropriated and are now In Account No. this contract; 70-4710-660 to cover NOW, THEH.EFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for Three (3) Tandem Axle Dump Trucks (6x4) be awarded to John Robbins Motor Company In the amount of One hundred twenty eight thousand, one hundred twenty-seven and no/IOO's Dollars ($ 128,127.00); and that the Chairman of the Board of County Commissioners or the County Manager is hereby authorized and directed to execute the contract on behalf of New Hanover County, contract form to be approved by the County Attorney and bid deposi t to be retained until the successful bidder hZts executed and delivered the contract and, if required, satisfactory bond. BE IT FURTHER RESOLVED that the Purchasing Agent is hereby authorized to return the bid deposits of the unsuccessful bidders. of ~ 19~. ~~. ~~ Ch irman, Board of County Conunissioners ATTEST: ~,/~, Clerk 2 NOR'l'H CAROLINA AG REEt-1EN'r NEW HANOVER COUNTY THIS AGRLEMENT, made and -4-. 19!t-. by and between cal subdivision of the State of entered into this 7~ day of NEW HANOVER COUNTY, a pol_iti- North Carolina, hereinafter referred to as "County," and John Robbins Motor Company of Greensboro horth Carolina, hereinafter referred to as "Vendor"; WIT N E SSE T H : WHEREAS, County advertised for bids for Three- (3) Tandem Axle Dump Trucks (6x4) and bids were received and opened as required by Jaw; and WHEREAS, after careful consideration of the bid submitted by Vendor, the Board of County Commissioners of New Hanover County has adopted a resolution authorizing the acceptance of such bid and the execution of a contract with Vendor covering the purchase and delivery of Three (3) Tandem Axle Dump Trucks (6x4) NOW, 'rHERE.fORE, ln consideration of the mutual bene- fits inuring to the parties hereto, said parties cove,nant and agree as follows: 1. In accordance with County's specifications and Vendor's proposal, cop_1.es of both of which are attached hereto and made a part hereo f, Vendor wi 1 1 del i ver to County the Three (3) Tandem Axle Dump Trucks (6x4) specifically referred to as Item(s) No. N/A and more particularly described in the proposal or In the specifications attached hereto. 2. The total purchase orlce ,- for said goods ln the sum of One hundred twenty eight thousand, one hundred twenty-seven and no /lOOths Dollars ($ 128,127.00 ) shall be paid by County in cash wi thin 30 days after the deli very of the goods and their acceptance by County. 3. The specifications. the proposal, the advertise- ment by County, the Instructions to Bidders, and the performance bond for Vendor are attached hereto and made a part of this contract as. though fully written herein. 4. Risk of loss to County for the goods purchased shall remain with Vendor until the goods are delivered to County F.O.B. New Hanover County steam Plant Facility, Hwy 421, Wilmin~ton, NC. 5. Vendor shall deliver all goods purchased by County on or before app. 120 days after order 6. In connection with the performance of this contract, Vendor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Vendor agrees to take affirmative actions to insure that applicants are employed, and that employees are treated during this employment, without regard to their race, religion, color, sex or national origin. 2 7. This contract constitutes the entire understanding of the parties and contains all of the terms agreed upon with respect to the subject matter hereof. No modification or rescission of this contract shall be effective unless evidenced by a signed writing. IN WITNESS WHEREOF, NEW HANOVER COUNTY has caused this instrument to be executed in its behalf by its Board of County Commissioners through its Chairman, Karen E. Gottovi and attested by its Clerk and its corporate seal to be hereto affixed, and John Robbins Motor Company , Vendor, has executed this instrument under seal, or, if a corporation, caused this instrument to be executed ln its behalf by its duly authorized officers and its corporate seal to be hereto affixed, on above written. NEW HANOVER COUNTY BY:~4.tM- t. ~ halrman Board of County Commissioners This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Approved as to form: County Finance Director County Attorney 3 John Robbins Motor Company Vendor (SEAL) By: Title: (Owner, Partner, pres./V.pres.) ATTEST: Secretary NORTH CAROLINA NEW HANOVER COUNTY I, the State and _ -'J' a Not~ry -lub}ic .91/1 a.toresa.yc;i, tJcert1.fy t cf{~---"....P.J j. ~ pers~~ly came before me this day and acknowledged that (s)he is Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Commission, the for~going instrume t WqS signed in its name by its Chairman, ~ ...::- sealed with its corporate sea~ and attested by him Clerk. as its ~. WITNESS my hand /~ ' 19X!l. and official seal, this ~t?~day of My commission exnires: My Commission Expires Oct. [3, 1986 NORTH CAROLINA NEW HANOVER COUNTY (If Vendor an Individual or Partnership) I, for the State and County a Notary Public in and aforesaid, certify that personally appeared before me this the due execution of the foregoing day and acknowledged instrument. 4 WITNESS my hand and official seal, this , 19 day of Notary Public ~1y commission expires: NORTH CAROLINA (If Vendor a Corporation) NEW HANOVER COUNTY I, a Notary Public of the State and County aforesaid, certify that personally came before me this day and acknowledged that (s)he is Secretary of a corporation with an office in County, and that by authority duly 9 i venand as the act of the corporation, the foregoing instrument wq..s signed in its name by its President, sealed with its corporate seal and attested by him/herself as its Secretary. WITNESS my hand and official seal, this , 19 day of Notary Public tvly commission expires: 5 ~ /' -, c;;~ 71;rcr. ;27 =- ,- . :- RESOLUTION OF INTENTION TO ISSUE POLLUTION CONTROL REVENUE BONDS AND AUTHORI ZING 'rHE EXECUTION AND DELIVERY OF A MEMORANDUM OF INDUCEMENT AND INTENT BETWEEN THE AUTHORITY AND CAROLINA POWER & LIGHT COMPANY WHEREAS, The New Hanover County Industrial Facilities and Pollution Control Financing Authority, a political subdivision and body corporate and politic of the State of North Carolina (the "Authority"), is authorized under the Industrial and Pollution Control Facilities Financing Act, Chapter 159C of the General Statutes of North Carolina, as amended (the "Act"), to issue revenue bonds for the purpose, among others, of paying all or any part of the cost of any pollution control or solid waste disposal project for a public utility; to acquire, construct and equip any such project; and to make and execute agreements, security documents and other contracts and instruments necessary or convenient in the exercise of such powers; and WHEREAS, the Authority has been informed by a representative of Carolina Power & Light Company, a public service corporation formed under the laws of North Carolina (the "Company"), that the Company proposes the acquisi- tion, construction and installation of pollution control and solid waste disposal facilities at the company's L.V. Sutton Electric Plant in the. County, as more fully described in the Appendix to the Memorandum of Inducement : , . . !C and Intent submitted to this meeting (the "Project"): that neither the acquisition, construction nor installation of the project has been commenced: and that no financing has been obtained by the Company or any affiliate thereof with respect to the Project: and WHEREAS, it is currently estimated by the Company that the project will require expenditures of approximately $9,000,000: and WHEREAS, the Company has requested the Authority to take official action declaring its intention to issue revenue bonds to finance all or a portion of the Project so that the Project may be commenced: and WHEREAS, the Authority has determined that the financing of the Project will promote the health, welfare and safety of the inhabitants of.North Carolina by collecting, reducing, treating and preventing environmental pollution derived from the company's facilities in the County, and that the Authority, in providing such financing, will be acting in furtherance of the public purposes for which it was created: and WHEREAS, the Authority has determined to issue its revenue bonds to pay costs of all or a portion of the Project: and -2- WHEREAS, the Authority has determined that it is in the best interest of the inhabitants of the County and the State of North Carolina that the Project be commenced without delay and that the Authority should proceed to obtain approval of the Project from the Department of Commerce of North Carolina and approval of the issuance of such bonds from the Board of Commissioners of the County and the Local Government Commission of North Carolina, as required by the Act; and WHEREAS, the Authority and the Company desire to enter into a Memorandum of Inducement and Intent, substan- tially in the form submitted to the meeting, setting forth their understandings regarding the financing of the project: NOW THEREFORE, BE IT RESOLVED by The New Hanover County Industrial Facilities and Pollution Control Financing Authority, as follows: 1. The Authority hereby determines to authorize the issuance of one or more issues of pollution control revenue bonds of the Authority (the "Bonds"), in the aggre- gate principal amount of not more than $ 9,000.000 for the purpose of paying all or a portion of the costs of the Project, subject to obtaining approval of the Project from the Department of Commerce of North Carolina, and approval -3- ." '. of the issuance of the Bonds from the Board of Commissioners of the County and the Local Government Commission of North Carolina, as required by the Act. 2. In order further to evidence its intention to issue the Bonds to finance the Project, the Authority hereby approves the Memorandum of Inducement and Intent in the form submitted to it and hereby authorizes the execution and delivery to the Company on behalf of the Authority by its Chairman or Vice-Chairman and the attestation by its Secre- tar:-y or Assistant Secretary of a Memor:-andum of Inducement and Intent in sUDstantially such form, with such minor changes, insertions and omissions as may be approved by the - Chairman or Vice-Cnairman. The execution of such Memorandum of Ind~cement and Intent by the Chairman or Vice-Chairman shall be conclusive evidence of such approval. 3. In order to facilitate the commencement of acquisition, construction and installation of the ProJect, the Authority hereby determines that the purposes of the Act will be more effectively served if all contracts relating to the acquisition, construction and installation of the Project are solicited, negotiated, awarded and executed by the Company. 4. The officers of the Authority are hereby authorized and directed to prepare or cause to be prepared -4- . . , ,- , ,p'M. '. and to execute and file on behalf of the Authority such applications, and take such other action as they may deem necessary or advisable, to obtain the approvals of the Project and of the issuance of the Bonds required by the Act. 5. This resolution shall take effect upon its passage. , -5- . , 'I " ...) -')- EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS , The Board of Commissioners of the County of New Hanover, North Carolina, met in regular session in the Assembly Room at the County Administration Building, Wil- mington, North Carolina, the regular place of meeting at 7:00 o'clock, P.M., on May 7, 1984. The following,commis- sioners were: Present: Absent: * * * * * * * * * * * * * The Chairman stated that The New Hanover County Industrial Facilities and Pollution Control Financing Authority had adopted a resolution expressing its intention to issue revenue bonds and authorizing the execution and delivery of an inducement agreement pertaining to the financing of a pollution control project for Carolina Power . & Light Company. The Chairman submitted copies of the resolution and the inducement agreement to the Board. The Chairman then stated that a notice had been published on April __, 1984 that the Board would hold a public hearing on May 7, 1984 on the proposed project and the issuance of revenue bonds to finance the project. Commissioner moved that the Board proceed to hold a public hearing on the project and the issuance of revenue bonds to finance the project. The motion was seconded by Commissioner and was unanimously adopted. At o'clock, .M., the Chairman announced that the Board would hear anyone who wished to be heard on the advisability of the proposed project and the issuance of revenue bonds to finance the project and that a represen- tative of the Authority was present and was prepared to discuss the details concerning the proposed project and bond issue. The names and addresses of the persons who were present, summaries of their oral comments and copies of their written comments are set forth below: -2- \ . After the Board had heard all persons who re- quested to be heard, Commissioner moved that the public hearing be closed. The motion was seconded by Commissioner and was unanimously adopted. Commissioner then introduced the following resolution_which was read at length: WHEREAS, the Board of County Commissioners has created a political subdivision and body corporate and politic of the State of North Carolina known as "The New Hanover County Industrial Facilities and Pollution Control Financing Authority" (the "Authority"); and WHEREAS, the Authority is authorized under the Industrial and Pollution Control Facilities Financing Act, Chapter 159C of the General Statutes of North Carolina, as amended (the "Act"), to issue revenue bonds for the purpose, among others, of paying all or any part of the cost of any pollution control or solid waste disposal project for a public utility, to acquire, construct and equip any such project, and to make and execute financing agreements, security documents and other contracts and instruments necessary or convenient in the exercise of such powers; and WHEREAS, the Authority has determined to issue one or more series of its revenue bonds aggregating in principal amounts of not more than $9,000,000 to pay all or a portion -3- of the costs of the acquisition, construction and installa- tion of pollution control and solid waste disposal facilt- ties at the L.V. Sutton Electric Plant in Cape Fear Town- ship, Highway 421 North, New Hanover County, consisting of an addition to and expansion of the existing ash pond, including the raising of the dike elevation, the addition of an impervious liner, monitoring wells, and an ash line, along with other functionally related and subordinate facilities (the "Project") to be operated by Carolina Power & Light Company; and WHEREAS, the Authority intends to file an applica- tion for approval of the Project with the Secretary of the Department of Commerce (the "Department"), as required by the Act; and WHEREAS, the Department has, by regulation, provided that no application for approval of a project will be officially received until the elected board of county commissioners of the county from which the application is made has, by resolution after a public hearing, approved the issue of revenue bonds and approved in principle the pro- posed project and a certified copy of such resolution has been provided to the Department; and WHEREAS, the Board of County Commissioners, pursuant to public notice duly given, has held a public -4- i hearing on the advisability of the Project and the issuance of revenue bonds to finance the Project and has considered the comments of persons who requested to be heard; and WHEREAS, the Board of County Commissioners desires to approve the Project in principle and the issuance of revenue bonds to finance the Project; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of New Hanover as fol- lows: (1) The Project is hereby approved in principle. (2) The issuance of revenue bonds by the Author- ity to finance the Project is hereby ap- proved. (3) The Clerk of the Board of Commissioners is hereby authorized and directed to provide a certified copy of this resolution to the Department of Commerce. (4) This resolution shall take effect immediately upon its passage. -5- Commissioner moved the passage of the foregoing resolution and Commissioner seconded the motion, and the resolution was passed by the following vote: AYES: NAYS: -6- , \ STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ) ) ss. : I, LUCIE F. SMITH, Clerk of the Board of Commis- sioners of the County hereinafter described, DO HEREBY CERTIFY, as follows: 1. A regular meeting of the Board of Commission- ers of the County of New Hanover, a county in the State of North Carolina, was duly held on May 7, 1984, proper notice of said 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 and have hereunto affixed the corporate seal of said County, this ____ day of May, 1984. Clerk, Board of Commissioners (Seal) BOOK PAGE ff' L;Lf XL) ~7' ;;2 I STATE OF NORTH CAROLINA BEFORE THE BOARD OF COUNTY COMMISSIONERS RECOP-OED A.NO VEI\!flEt ftEBECCA P. TUCKS\ l'(EGISTER OF DflaS MEYi HANOVER eo. He M~Y '5 ,3 19 PM 'B~ _r 25,3 I 7 I 9 COUNTY OF NEW HANOVER ~ IN THE MATTER OF RENAMING SAILFISH LANE ORDINANCE 79 It appearing to the Board of County Commissioners of New Hanover County that consideration has been given to the renaming of Sailfish Lane (previously 5th Avenue) as shown on P. B. 3, Page 37, and it further appearing that a public hearing was held on May 7, 1984, at which time all persons were heard on the question of whether or not the renaming would be in the public interest, and it further appearing that notice of said hearing was transmitted to all resident owners and prominently posted in at least two (2) locations along said road, and published in the Star News local newspaper, and the Board of County Commissioners is of the opinion that said public road(s) in New Hanover County should be renamed and the renaming of same is in the public interest, the description of which is delineated on the attached exhibit. NOW! THEREFORE, IT IS ORDAINED AND DECREED that the above described road(s) are hereby named BONITO LANE. IT IS FURTHER ORDERED that , 1984. BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY, NORTH CAROLINA BY: ~~t.krvi . CHAIRMAN ci.TT...T: ~. ~d '-- RK TO THE BOARD -8001<. PAGE H ~ #11) ro~ ~/ RECORDED AND VERIna ftE8ECCA P. TUClEft ftEGtSTER OF &EEOS HHI HANOVER ce. Ne BEFORE THE BOARD OF COUNTY COMMISSIONERS HAY 15 ~ 19 PM '8~ 12531720 s'rATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 80 IN THE MATTER OF RENAMING a portion of OLD MILITARY ROAD aL,d AZALEA, DRIVE ORDINANCE It appearing to the Board of County Commissioners of New Hanover County that consideration has been given to the renaming of a portion of Old Military ~oad and Azalea Drive in Magnolia Heights Subdivision, as recorded on Map Book 6, Page 8~ recorded August 25, 1955, and it further appearing that a public hearing was held on May 7, 1984, at which time all persons were heard on the question of whether or not the renaming would be in the public interest, and it further appearing that notice of said hearing was transmitted to all resident owners and poominently posted in at least two (2) locations along said road, and published irn the Star News local newspaper, and the Board of County Commissioners is of the opinion that said public road(s) in New Hanover County should be renamed and the renaming of same is in the public interest, the description of which is delineated on the attached exhibit. NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above described road(s) ave hereby named BRADLEY DRIVE. IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the oEIice of the Register of Deeds of New Hanover County, North Carolina, and that notice of the action taken by the Board of County Commissioners be transmitted to the postmaster having jurisdiction over the road(s), the North Carolina Board of 7Jj.a... ns :: ~~"N to any city within five (5) miles of said road(s) in ace ~ ~fAN~~neral Statute 153-240. , ......, O~ f ' h~a~ May, 1984. . - \ -'\ . . . .. .,.. to ... eo 1MPOA~e:w,:vI :r: _~ e. " . 0., ....._..... ~'f- "", CA \\0'-" .."....u....ae BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY, NORTH CAROLINA BY: ~e..4zT~ CHAIRMAN ~~/~ ~ERK TO THE BOARD