1984-05-07 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\ \,\:; :
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ItHINn:
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I.II.N'; ; T1' "I.:
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1'1) I \I.
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':\i\l">~~~ :
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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. .
- \ -'\
. .
. ..
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... 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