2003-06-02 W&S Exhibits
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A RESOLUTION
OF THE
NEW HANOVER COUNTY
WATER AND SEWER DISTRICT BOARD OF COMMISSIONERS
WHEREAS, the Local Government Commission of North Carolina has informed the
Board of Commissioners of the sale of the New Hanover County Water and Sewer District
$15,805,000 General Obligation Refunding Bonds, Series 2003, dated June 1, 2003 (the
"Bonds") and that the contract of sale contemplates that the Bonds shall be payable and bear
interest as hereinafter provided; and
WHEREAS, the Board of Commissioners of the County of New Hanover, sitting as the
governing body of New Hanover County Water and Sewer District (the "Issuer") desires to take
such actions as are necessary to approve the terms of such sale and to authorize and/or confirm
such other documents and actions contemplated by such sale, including to approve the related
escrow deposit agreement: NOW THEREFORE,
BE IT RESOLVED by the Board of Commissioners of the County of New Hanover,
sitting as the governing body of the Issuer, as follows:
1. The Board of Commissioners approves the sale of the Bonds to BB&T Capital
Markets, a Division of Scott & Stringfellow, Inc. The Bonds shall mature on June 1 in the years
and principal amounts and bear interest from their date payable on December 1,2003 and semi-
annually thereafter on June 1 and December 1 at the rates per annum, as follows:
Year
2004
2005
2006
2007
2008
2009
2010
2011
2012
Principal Amount
$1,000,000
2,730,000
1,850,000
1,835,000
1,825,000
1,820,000
1,815,000
1,805,000
1,125,000
Interest Rate
2.00%
2.00
2.00
2.00
2.00
2.30
2.625
2.875
3.00
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The refunding bond resolution adopted by the Board of Commissioners, sitting as the
governing body of the Issuer, on May 19,2003 shall be amended accordingly.
2. The Board of Commissioners of the County of New Hanover, sitting as the
governing body of the Issuer, hereby approves the terms of the Escrow Deposit Agreement by
and between the Issuer and First-Citizens Bank and Trust Company substantially in the form
presented to the Board of Commissioners (draft of 6/2/03) and hereby authorizes the officers of
the Issuer designated therein to execute and deliver the Escrow Deposit Agreement in
substantially such form with such changes and insertions as any of such officers shall deem
necessary to accomplish the purposes for which the Bonds are being issued, their execution
thereof constituting conclusive evidence of such approval.
3. The Chairman of the governing body and the Clerk of the Issuer, the County
Manager, the Finance Officer and other officers of the Issuer are hereby authorized and directed
to take all other actions necessary in connection with the sale and issuance of the Bonds and the
effectuation of the purposes for which the Bonds are being issued.
4. This resolution shall become effective upon its adoption.
This the 2nd day of June, 2003.
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NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
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Robert G. Greer, Chairman
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Cle k to the Board '-
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STATE OF NORTH CAROLINA )
: ss.:
NEW HANOVER COUNTY
WATER AND SEWER DISTRICT )
I, Lucie F. Harrell, Clerk of the Board of Commissioners of the County of New Hanover
and Clerk of New Hanover County Water and Sewer District, DO HEREBY CERTIFY, as
follows:
1. A regular meeting of the Board of Commissioners of the County of New
Hanover, sitting as the governing body of New Hanover County Water and Sewer District, was
duly held on June 2, 2003, 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 3rd day of June, 2003.
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Cl rk, Board of Commissioners 0 the
County of New Hanover and Clerk of New
Hanover County Water and Sewer District,
North Carolina
EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS OF THE COUNTY
OF NEW HANOVER. SITTING AS THE GOVERNING BODY OF NEW HANOVER
COUNTY WATER AND SEWER DISTRICT
The District Board of Commissioners of the County of New Hanover (the "County") held a
meeting at the Historic New Hanover County Courthouse, 24 North Third Street, Room 301,
Wilmington, North Carolina on June 2, 2003 at 5:45 p.m.. The following Commissioners were:
Present: Robert G. Greer, Chairman
Nancy H. Pritchett, Vice-Chairman
Julia Boseman, Commissioner
William A. Caster, Commissioner
Ted Davis, Jr., Commissioner
Also present were: Allen O'Neal, County Manager
Wanda M. Copley, County Attorney
Lucie F. Harrell, Clerk to the Board
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Commissioner William A. Caster made a motion to introduce the following resolution.
The motion was seconded by Commissioner Julia Boseman and was unanimously adopted. The
following resolution was read at length.
WHEREAS, the Local Government Commission of North Carolina has informed the
Board of Commissioners of the sale of the New Hanover County Water and Sewer District
$15,805,000 General Obligation Refunding Bonds, Series 2003, dated June 1, 2003 (the
"Bonds") and that the contract of sale contemplates that the Bonds shall be payable and bear
interest as hereinafter provided; and
WHEREAS, the Board of Commissioners of the County of New Hanover, sitting as the
governing body of New Hanover County Water and Sewer District (the "Issuer") desires to take
such actions as are necessary to approve the terms of such sale and to authorize and/or confirm
. such other documents and actions contemplated by such sale, including to approve the related
escrow deposit agreement: NOW THEREFORE,
. .
BE IT RESOLVED by the Board of Commissioners of the County of New Hanover,
sitting as the governing body of the Issuer, as follows:
1. The Board of Commissioners approves the sale of the Bonds to BB&T Capital
Markets, a Division of Scott & Stringfellow, Inc. The Bonds shall mature on June 1 in the years
and principal amounts and bear interest from their date payable on December 1, 2003 and semi-
annually thereafter on June 1 and December 1 at the rates per annum, as follows:
Year
2004
2005
2006
2007
2008
2009
2010
2011
2012
Principal Amount
$1,000,000
2,730,000
1,850,000
1,835,000
1,825,000
1,820,000
1,815,000
1,805,000
1,125,000
Interest Rate
2.00%
2.00
2.00
2.00
2.00
2.30
2.625
2.875
3.00
The refunding bond resolution adopted by the Board of Commissioners, sitting as the
governing body of the Issuer, on May 19, 2003 shall be amended accordingly.
2. The Board of Commissioners of the County of New Hanover, sitting as the
governing body of the Issuer, hereby approves the terms of the Escrow Deposit Agreement by
and between the Issuer and First-Citizens Bank and Trust Company substantially in the form
presented to the Board of Commissioners (draft of 6/2/03) and hereby authorizes the officers of
the Issuer designated therein to execute and deliver the Escrow Deposit Agreement in
substantially such form with such changes and insertions as any of such officers shall deem
necessary to accomplish the purposes for which the Bonds are being issued, their execution
thereof constituting conclusive evidence of such approval.
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3. The Chairman of the governing body and the Clerk of the Issuer, the County
Manager, the Finance Officer and other officers of the Issuer are hereby authorized and directed
to take all other actions necessary in connection with the sale and issuance of the Bonds and the
effectuation of the purposes for which the Bonds are being issued.
4. This resolution shall become effective upon its adoption.
Vice-Chairman Nancy H. Pritchett moved that the District Board of Commissioners of
the County of New Hanover adopt the resolution. Commissioner William A. Caster seconded
the motion and the motion was adopted. The vote on the adoption of the resolution was as
follows:
AYES:
Robert G. Greer, Chairman
Nancy H. Pritchett, Vice-Chairman
Julia Boseman, Commissioner
William A. Caster, Commissioner
Ted Davis, Jr., Commissioner
NAYS:
None.
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NY A 442946.1 5691000607
A RESOLUTION
OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
WHEREAS, permanent and temporary sewer utility easements, on the property of
the Virginia Devane heirs, Deed Book 347, Page 494, New Hanover County Registry, more
specifically described as a five foot (5') wide permanent easement adjoining and abutting
Middle Sound Loop Road, together with a five foot (5') wide temporary construction
easement, having a duration of three hundred sixty-five (365) days from the date of
acquisition, adjoining and abutting the northern line of the referenced five foot (5') wide
permanent easement; and
WHEREAS, a thirty foot (30') wide permanent easement adjoining and abutting the
entire eastern property line of the subject parcel is necessary for construction of sewer
utilities; and
WHEREAS, it is necessary to utilize the District's power of eminent domain to
acquire the above-referenced easements in that negotiations to acquire said easements
have been unsuccessful in obtaining the property owner's consent.
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the
New Hanover County Water and Sewer District hereby resolves that the necessary
easement on, over, and across the Virginia Devane heirs property, Tax Parcel No.
R04400-003-019-000, Deed Book 347, Page 494, New Hanover County Registry be
acquired by condemnation. County staff is hereby authorized to take any and all actions,
including suit, necessary to obtain said real property interest.
This the 2nd day of June, 2003.
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NEW HANOVER COUNTY
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Robert G. Greer, Chairman