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1993-01-04 W&S Exhibits L EXTRACTS FROM MINUTES OF BOARD COMMISSIONERS OF THE COUNTY OF NEW HANOVER, SITTING AS THE GOVERNING BODY OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT ~ I . , * * * * * * The Clerk of the Board of Commissioners of the County of New Hanover and of the New Hanover County Water and Sewer District reported to the Board, sitting as the governing body of the District, that the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $30,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT," which had been introduced on January 4, 1993, had been published on January 7, 1993, with notice that the Board, sitting as the governing body of the District, would hold a public hearing thereon on January 19, 1993, at ~ o'clock, A.M. The Clerk also reported that the District's Finance Officer had filed in the Clerk's office a statement of debt complying with the provisions of The Local Government Bond Act, and such statement as filed showed the net indebtedness of the District to be {.~15% of the appraised valuation of property in the District subject to taxation. Chairman E.L. Mathews. Jr. moved that the Board of commissioners of the County of New Hanover, sitting as the governing body of the New Hanover County Water and Sewer District, proceed to hold a public hearing on the refunding bond order. The motion was seconded by Vice-Chairman Sandra Barone and was unanimously adopted. At 9:00 o'clock, ~.M., the Chairman of the Board of commissioners of the County of New Hanover, sitting as the (:'" ~ governing body of the New Hanover County Water and Sewer District, announced that the Board would hear anyone who wished to be heard on the questions of the validity of the refunding bond order and the advisability of issuing the refunding bonds. At the direction of the Chairman, the Clerk of the Board of commissioners and of the District read the refunding bond order and the published notice of hearing. After the Board had heard all persons who requested to be heard in connection with the foregoing questions, ~hC'lirm;:m F. T, MC'lthpws, ,Tr moved that the public hearing be closed. The motion was seconded by Vice-Chairman Sandra Barone and was unanimously adopted. Chainnan E.L~ Mathewsmoved that the Board of Commissioners of the County of New Hanover, sitting as the governing body of the New Hanover County Water and Sewer District, adopt without change or amendment cind direct the Clerk of the Board of -2- commissioners and of the District to publish as prescribed by The Local Government Bond Act the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $30,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT," introduced at the meeting of the Board of commissioners of the County of New Hanover, sitting as the governing body of the New Hanover County Water and Sewer District, held on January 4, 1993. The motion was seconded by NAYS: and was adopted by the following vote: E.L. Mathews, Jr., Chairman Sandra Barone, Vic'j-Chairman Robert G. Greer~ William A. Caster William Sisson Vic::e--doirrrBn :J3ID::re AYES: None * * * * * * -3- " -4 'tit BXTRACTS PROH HXNUTBS 01' BOAaD 01' CO!PIXSSZORBRS 01' THE COUBTY OF HEW HANOVER, SXftIRG AS THE GOVERH:IRG BODY OF THE NEW HANOVER COOlft'Y WATER AND SEWER DISftrCT * * * * it it * Sandr;t Rrlrone introduced the following bond order which was read at length: , - "BOND ORDER AUTHORIZING THE ISSUANCE OF $30,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT" WHEREAS, the New Hanover County Water and Sewer District (the "District") has issued General Obligation Refunding Bonds, dated August 1, 1986 (the 111986 Refunding Bonds"), and $10,645,000 of the 1986 Refunding Bonds are outstanding (the "outstanding 1986 Refunding Bonds"); and WHEREAS, the District has issued Sanitary Sewer Bonds, Series 1986, dated August 1, 1986 (the "1986 Sewer Bonds"), and $10,085,000 of the 1986 Sewer Bonds are outstanding (the "Outstanding 1986 Sewer Bonds"); and WHEREAS, the District has issued a Sanitary Sewer Bond, Series 1989, dated August 14, 1989 (the "1989 Sewer Bond"), and $6,008,000 of the 1989 Sewer Bond is outstanding (the "Outstanding 1989 Sewer Bond"); and WHEREAS, the Board of Commissioners of the County of New Hanover, sitting as the governing body of the District, deems it advisable to pay and refund the outstanding 1986 Refunding Bonds, the outstanding 1986 Sewer Bonds, and the Outstanding 1989 Sewer Bond (collectively, the "outstanding Bonds") pursuant to and in accordance with The Local Government Finance Act; and WHEREAS, an application has been filed with the Secretary of the Local Government commission of North Carolina requesting Commission approval of the Bonds hereinafter described as required by The Local Government Finance Act, and the Secretary of the Local Government Commission has notified the -2- k Board that th~.~pplication has been accepted for submission to the Local Government commission; NOW, THEREFORE, BE IT ORDERED by the Board of Commissioners of the County of New Hanover, sitting as the governing body of the District, as follows: section 1. The Board of Commissioners of the County of New Hanover, sitting as the governing body of the District, has ascertained and hereby determines that it is advisable to pay and refund the Outstanding Bonds. section 2. In order to raise the money required to pay and refund the Outstanding Bonds as set forth above, in addition to any funds which may be made available for such purpose from any other source, bonds of the District are hereby authorized and shall be issued pursuant to The Local Government Finance Act of North Carolina. The maximum aggregate principal amount of bonds authorized by this bond order shall be $30,000,000. section 3. A tax sufficient to pay the principal of and interest on said bonds when due shall be annually levied and collected. section 4. A sworn statement of the District's debt has been filed with the Clerk to the Board and of the District and is open to public inspection. section 5. This bond order shall take effect upon its adoption. Sandra Barone moved the adoption of the following resolution: -3- . ~.. WHEREAS, the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $30,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT," has been introduced at the meeting of the Board of Commissioners of the County of New Hanover, sitting as the governing body of the New Hanover County Water and Sewer District, held on January 4, 1993 and the Board of Commissioners of the County of New Hanover, sitting as the governing body of the District, desires to provide for the holding of a public hearing thereon and the submission of a statement of debt in connection therewith as required by The Local Government Bond Act; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, sitting as the governing body of the New Hanover County Water and Sewer District, as follows: (1) The public hearing upon said bond order shall be held on the 19th day of January, 1993 at ~ o'clock A.M., at the J'\~~,,"mhly 'Rnnm, 24 N. Third street, Room 301 , in Wilmington, North Carolina. (2) The Clerk to the Board and of the District is hereby directed to cause a copy of the bond order to be published with a notice of such hearing in the form prescribed by law in a qualified newspaper no fewer than six days prior to such pUblic hearing. (3) The District's Finance Officer is hereby directed to file with the Clerk prior to publication of the bond order with the notice of such public hearing, a statement setting forth -4- . '", . ., .~ the debt incurfed or to be incurred, the appraised value of property subject to taxation by the District and the net debt of the District. The motion was seconded by William Sisson was adopted by the following vote: and AYES: E.L. Mathews, Jr., Chairman Sandra Barone, Vice-Chainnan Robert G. Greer William A. Caster William Sisson NAYS: None * * * * * -5- STATE OF NORTH CAROLINA ) : sa.: ) ) NEW HANOVER COUNTY WATER AND SEWER DISTRICT I, LUCIE F. HARRELL, Clerk to the Board of Commis- sioners of the County of New Hanover amd Clerk of the New Hanover County Water and Sewer District, DO HEREBY CERTIFY, as follows: 1. A ~~.J meeting of the Board of Commissioners of the County of New Hanover, sitting as the governing body of the New Hanover County Water and Sewer District, located in the State of North Carolina, was duly held on January 4, 1993, 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 ~s 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 District, this ~ day of January, 1993. (DISTRICT) (SEAL) """u"""", ......." o"ER OOIl "" ~ ~.~ .......... ~~'. -- i"".'. .. Jo .., ~... ...~ i!:1 ... . ..)t.~ ~~:. .: . .. . . : = .. ! · I t= \ ~ \ .~.i::.t.l ~i ~ ....... ~.-" ......... ~ "" -<< .......... Q'!t,' ~""f. ~o '1"1."".." ,'".......",' 'if Cl rk to the Board 0 Comm.ssioners of the County of New Hanover, and Clerk, New Hanover County Water and Sewer District ... STATE OF NORTH CAROLINA ) . . NEW HANOVER COUNTY ) WATER AND SEWER DISTRICT ) SSe : I, LUCIE F. HARRELL, Clerk to the Board of Commissioners of the County of New Hanover and Clerk of the New Hanover County Water and Sewer District, in the state of North Carolina, DO HEREBY CERTIFY that I have compared the attached copy of the debt statement with the original debt statement filed by the Finance Officer of said District in the office of said Clerk on the ~ day of January, 1993 and that said copy is a true copy of said statement and of the whole thereof. I FURTHER CERTIFY that said debt statement was filed by said Finance Officer on said last-mentioned date and has since it was so filed remained on file in the office of said Clerk and has been kept open to public inspection. IN WITNESS WHEREOF, I have hereunto set my hand and have affixed the corporate seal of said District, this 19th day of January, 1993. (DISTRTl"T\ ( SEA~" ,ii",.T.""" !It~ o'lQ QQ "'~ ~ .......,. r,. ~ i't.D'" ~~ ~ .. ." .. to '~~ = Ct. =. : i....\ . I;E .. ~. -- '.>"'... .. -:.~.. '. ~'!:!"Nt .' ~~ ~ -, ... '" .,'" ... A"'- ~ ""'''' "4'0.......... 9'. ~..~ "" 8EWE."- ",,, '".......",,' of the and STATEMENT OF DEBT OF THB NEW HANOVER COUNTY WATER AND SEWER DXSTRICT, NORTH CAROLINA, MADE AND FILED PURSUANT TO SECTION 159- 5S OF THE LOCAL GOVERNMENT FINANCE ACT, AFTER THE INTRODUCTXON OF THE BOND ORDER AUTHORIZING THE ISSUANCE OF $30,000,000 BONDS, INTRODUCED AT A HEETXNG OF THE GOVERNING BODY OF SAID DISTRICT, HELD ON THE 4TH DAY OF JANUARY, 1993. (a) Appraised value of property subject to taxation as certified by the County Assessor. $ 3.617.150.050 (b) Gross debt as listed in the attached "Schedule of Gross Debt.1I $ 69.623,253 (c) Deductions to be made from Gross Debt as listed in the attached "Schedule of Deductions." $ 30,000.000 (d) Net debt (being the difference between the Gross Debt and Deductions). (e) Percentage that net debt bears to the appraised value of property subject to taxation. $ 39,623,253 1.095% Fin~~!~ New Hanover County Water and Sewer District Dated: 01-05-93 . .. SCHEDULE OF GROSS DEBT (The debt described below should not include debt incurred or to be incurred in anticipation of the collection of taxes or other revenues or in anticipation of the sale of bonds other than funding and refunding bonds. The debt described below should not include revenue bonds.) A. Bonds authorized by orders introduced but not yet adopted: PurDose Amount General Obligation Refunding Bonds $30,000,000 Total $30.000.000 B. Unissued bonds authorized by adopted orders: Purpose Amount $ Total $ c. Outstanding debt not evidenced by bonds: Source of Debt. Purl)ose Amount. Installment Contract Telemetry System 195,253 Total $ 195,253 D. Outstanding debt evidenced by bonds: Date of Bonds PurDose Amount Various - See Attached List $ 39,428,000 Total $ 39,428,000 Total $ 69.623.253 ", ~ ~ SCHEDULE OF DEDUCTIONS (A) Funding and refunding bonds authorized by orders introduced but not yet adopted. $ 30.000.000 (B) Funding and refunding bonds authorized but not issued. $ (C) Amount held in sinking funds or otherwise for the payment of gross debt other than debt incurred for water, gas, electric light or power purposes or sanitary sewer purposes (to the extent deductible under section 159-55(b) of The Local Government Finance Act.) $ (D) Bonded debt included in gross debt and incurred or to be incurred for water, gas .or electric light or power purposes. $ (E) Bonded debt included in gross debt and in- curred or to be incurred for sanitary sewer system purposes (to the extent deductible by subsection (b) of section 159-55 of The Local Government Finance Act). $ (F) Uncollected special assessments levied or to be levied for local improvements for which gross debt was or is to be incurred, to the extent to be applied to the pay- ment of such gross debt. $ (G) Estimate of special assessments to be levied for local improvements for which any part of gross debt (that is not other- wise deducted) was or is to be incurred, to the extent that the special assess- ments, when collected, will be applied to the payment of any part of gross debt. Total $ $ 10.000.000 ... STATE OF NORTH CAROLINA ) : ss.: NEW HANOVER COUNTY ) WATER AND SEWER DISTRICT ) ANDREW J. ATKINSON, being duly sworn, says that he is the Finance Officer of the New Hanover County Water and Sewer District, in the state of North Carolina; that by a resolution passed by the Governing Board thereof he was authorized to make the foregoing statement; and that the foregoing statement is true and was made and subscribed by him after the introduction of the order referred to in the heading of said statement. ~9-~ F1nance Q'ff cer the 30th day of JuJ,y , 19JM. My STATE OF NORTH CAROLINA ) : ss.: ) ) NEW HANOVER COUNTY WATER AND SEWER DISTRICT I, the undersigned Clerk to the Board of Commissioners of the County of New Hanover and of the New Hanover County Water and Sewer District, in the State of North Carolina, DO HEREBY CERTIFY that the foregoing statement and accompanying affidavit were filed in my office on the ~ day of January, 1993, after the introduction of the order referred to in the heading of said statement. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said District, this~ day of January, 1993. (DISTRICT) (SEAL) ~,..ttU""" ",,"'~o"ER coe:'", $~ ~...~.............. ~)llo;, --- ... ." .,. .. - ~ .. ~. Ill: i . It\ : . : :~t II"': ~ 1r.~\ ~ .. e~ \ ... .,..~ .... ~ i ~ 4. '" _ .t ~...~ ~ .,~........... ~~ ~.. ""'" U sEwe" """ ""'.unll"" of Clerk, Water and Date 12/30/92 Time 15:44:40 Date of Issue 08/01/1986 08/01/1986 08/14/1989 11/01/1990 NEW HANOVER COUNTY, Ne Page LON G - T E R M DEB T B Y I S SUE Bonded Debt for Groups 07 - DB as of 12/31/1992 Based on Date Paid Accounts 0000000000000000 - 9999999999999999 Description Principal Balance N H C WATER & SEWER DISTRICT GENERAL OBLIGATION REFUNDING WlS Bonds 1989 NEW HANOVER CO. W & S DISTRICT SEWER CONSTRUCTION SEIoIER-REFUNDING OF 85 ISSUE SEIoIER-FmHA Bonds CONSTRUCTION SEWER- GlO BONDS 1990 10,085,000.00 10,645,000.00 6,008,000.00 12,690,000.00 Total 39,428,000.00