Loading...
HomeMy WebLinkAbout1993-12-06 W&S Exhibits AFFIDAVIT OF PUBLICATION STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER ! NOTICE OF , ADOPTION OF BOND ORDER "BOND ORDER AUTHORIZING THE ISSUANCE OF $12.000.000 GENERAL OBLIGATION REFUNDING BONDS OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICr' Before the undersigned. a Notary Public of said County and State, JACOB BRINSON who, being duly sworn or affirmed, according to the law, says that he/she is CLASSIFIED ADVERTISING MANAGER WHEREAS, the New H8IlO\I9r County Water and Sewer Olstrlcl (the "DistriCt") has issued and ing Sanitary Sewer Bonds, .:= vember 1, 1990, maturing In the y.!81S 1994 to 2012, Inclusive (the 'Outstanding 1990 Bonds"); and, WHEREAS, Board of Commls- slonef:s. of the County 01 New Han0- ver, silting as the ~ing body of the DIslriCl. deems ~ advisable to pay and refund all or a portion of the Outstanding 1990 Bonds pulllUlll1l to and In accordance with The locaJ Government Anance Ad; and WHEREAS, an aPPlication has been fllad with the Sacretary of the ' locaJ Government Commlsaion of North Carolina reqU::~ Commis- sion approvaJ of the her9lnaI- tar dascrtbsd as required by The L0- cal Govsmmant Anance Ad, and the ~ of the locaJ Govammant Commission lias notIIlsd the Board thai the ~ has beGn acc:epl_ eel for to the LocaJ Gov- ,ernmanl Commission; NOW . lliEREFORE, " BE IT ORDERED by the Board of Commissioners of the County of New Hanover, silting as the govam- Ing body of the DIslricl, as '1Ol1ows: Sed!on I. The Board of C0m- missioners of the County of Nsw Hanover, silting as the governing body of the Olstrlcl. has sscertalned and hereby <bt9rmlnS8 thai n is ltd- vIsab!e to pay and refund all or a = of the Oulslandlng 1990 SsdIon 2. In ordsr to raJas the monay required to. refund the Out- standfll{l 1990 Bonds as set forth above, In addition to any funds which may ba made avaIlsbla for s:: ~r- flO83lrom any othar SOUr08. of the DIslricl BIll hereby authorized and shaJJ be issued pulllUlll1l to The LocaJ , Govsmmant Anance Ad of North Carolina The maximum aggrsg&te ptlndImJ &mOUnt of bom!a eUII10riZed by Ihis bond order shall bo $12.000,000. ofTHE WILMINGTON STAR-NEWS, INC., a corporation organized and doing business under the Laws of the State of North Carolina, and publishing a newspaper known as WILMINGTON MORNING STAR & SUNDAY STAR-NEWS in the City of Wilrning10n NOTICE OFADOPTION OF BONO OROE R@@SOND ORDERAUTHORIlING THEIS SUANCE Of $I29000~OOOGENERAl 0 BONO ORDER :$129 was inserted in the aforesaid newspaper in space, and on dates as follows: 12j9.,lX 1993 and at the time of such publication Wilmington Star-News was a newspaper meeting all the requirements and qualifications prescribed by Sec. No. 1-597 G.S. of N.C. CLASSIFIED AOVe MGR 10TH Title Sworn or affirmed to, and subscribed before me, this day of 0 EC ,A.D., 19..TI In Testimony Whereof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid. ~. /~~ry~b1" &ctlon 3. A tax BllIiIl:le1\t to pay ths principal of and lnt&l'Il8l on ssld ::: ~~~I 00 annua:iy Section 4. A sworn smtemen'l ~ I . the Dlslricl's cI6bl has beGn flied wllh . the Clsrk 01 the Board of Commls- sionsrs and of the Olstrlcl and is open to public il18p3dlcn. affidavit with the advertisement thereto annexed it is adjudged by the Court thai the said publication was duly and properly I SectionS. This bond ordsr shaJl been duly and legally served on the defendant(s). ts:w effacl upon ns edopllon. Tho l'o1cgn:nn cml9r weB QdopI- lid 0l'I tro 6lh tby of OecemOOr, 1 e23.' , and ill h::dly puhli:1.had this llItI dey_. 19 _ , of D6coo1bGr. ,lSll3. Anv acllon orl proc;;--~:llfj Cjuas"JonIng lIia vaildl'Y 011' the ortlar must 00 begun within thirty I 'days after tha c!sla of publlcallon of' ,lh19 nc'.ma. ' My commission expires 21st day of ,TTlNF, , 19 ~ Clerk of Superior Court Lucie F. Hsm:lI Clerk. Board of Commlsaion61s Couniy of N6w Hanover and Clerk, New Hanover County Water and Sewer DIslricl . > I NOTICE OF ADOPTION OF BOND ORDER "BOND ORDER AUTHORIZING THE ISSUANCE OF $12,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT" WHEREAS, the New Hanover County Water and Sewer District (the 'IDistrict") has issued and outstanding Sanitary Sewer Bonds, dated November 1, 1990, maturing in the years 1994 to 2012, inclusive (the "outstanding 1990 Bonds"); 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 all or a portion of the outstanding 1990 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 Board that the application 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 all or a portion of the outstanding 1990 Bonds. section 2. In order to raise the money required to refund the Outstanding 1990 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 $12,000,000. 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 of the Board of Commissioners and of the District and is open to public inspection. Section 5. This bond order shall take effect upon its adoption. The foregoing order was adopted on the 6th day of December, 1993, and is hereby published this 9th day of December, 1993. Any action or proceeding questioning the validity of the order must be begun within thirty days after the date of publication of this notice. Lucie F. Harrell Clerk, Board of Commissioners County of New Hanover, and Clerk, New Hanover County Water and Sewer District -2- STATE OF NORTH CAROLINA ss. : COUNTY OF NEW HANOVER I, LUCIE F. HARRELL, Clerk of the Board of commissioners of the County of New Hanover and Clerk of the New Hanover County Water and Sewer District, DO HEREBY CERTIFY, as follows: 1. A special 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 December 6, 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 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 District, this ~~ day of December, 1993. (DI~~U f.Hl'"" ~ It 00 " ~'\: . ~)heoo.~...z, "~ ~ ~ .0. 0.. ~..L-:" ~ :Jj .. '.0 . :. : l . \~: _ 0 foG :: ~ : <<: : :.~\ _' bfJl,...E .,. ~ 0 '~".'-__~( 00 ~~ ~ 1b ..00 ..~ tJoao !\.tl:,~ "" cf4'; .0..00..... ~CQ ,..' I, "0 BE'WEt\ Q \\' "1 \" "S"OOOH'" , Board of Commissioners of the Unty of New Hanover, and Clerk, New Hanover County Water and Sewer District, North Carolina 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 A regular meeting of the Board of Commissioners of the New Hanover County Water and Sewer District was held on Monday, December 6, 1993 at 6:30 p.m. in Room 100 of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following Cormnissioners were present: PRESENT: E.L. Mathews, Jr., Chainnan Sandra Barone, Vice-Chairman Robert G. Greer William A. Caster William Sisson ABSENT: None * * * * . * * The Clerk of the Board of commissioners and of the District reported to the Board that the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $12,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT," Which had been introduced on November 19, 1993, had been published on November 22, 1993, with notice that the Board would hold a public hearing thereon on December 6, 1993, at 6:30 o'clock, P.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 1.048% of the estimated appraised valuation of property in the District subject to taxation. Commissioner Caster moved that the Board of commissioners, 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 Commissioner Greer and was unanimously adopted. At ~ o'clock, E.M., the Chairman of the Board of the 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, Commissioner Caster moved that the public hearing be closed. The motion was seconded by Commissioner Sisson and was unanimously adopted. Commissioner Barone 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, adopt without change or amendment and direct the Clerk of the Board of Commissioners and of the District to publish a~ prescribed by The Local Government Bond Act the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $12,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE NEW HANOVER COUNTY WATER AND SEWER -2- DISTRICT," introduced at the meeting of the Board of Commissioners, sitting as the governing body of the New Hanover County Water and Sewer District held on November 19, 1993. The motion was seconded by Corrunissioner Caster and was adopted by the following vote: AYES: E.L. Mathews, Jr., Chairman Sandra Barone, Vice-Chairman Robert G. Greer William A. Caster William Sisson NAYS: None * * * * * * -3-