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HomeMy WebLinkAbout1984-09-17 RM Exhibits TAX ADMINISTRATOR NEW HANOVE~___G()~~J+Y__ A . - . R AGEND OFFICE OF THE TAX ADMINISTR tj I /, i 320 CHESTNUT STREET DATE: I~ 'f/ WILMINGTON, NORTH CAROLINA 28401-4090 . 1- Te/ephone(9/9) 34J"713J ITEM NOI (. ROLAND G. REGISTER Tax Administrator NEW HANOVER COUNI'Y TAX COr..t..OCl'IOOS Collections thru August 31, 1984 1984 1983 Less Abatements Total Taxes Due Collections to Date Outstanding Balance Percentage Collected $ 23,308,884.49 276,417.51 $ 23,585,302.00 .00 $ 23,585,302.00 29,935.07 $ 23,555,366.93 .12% $ 21,509,024.76 ,_ 527,609.60 $ 22,036,634.36 .00 $ 22,036,634.36 162,684.33 $ 21,873,950.03 .74% Charged Per Scroll Discoveries Added Back Taxes Personal Property Taxes Less Abatements Collections to Date OUtstanding Balance Percentage Collected $ 816,373.08 $ 664,382.79 -.00 - 259.03 69,883.78 46,491.13 $ 746,489.30 $ 617,632.63 8.56% 7.00% $ 1,007,748.29 $ 907,758.59 1,324.83 12,992.46 22,812.94 23,175.55 $ 983,610.52 $ 871,590.58 2.27% 2.59% Real Estate Taxes Less Abatements Collections to Date outstanding Balance Percentage Collected Roan Occupancy Tax Collections in August $79,015.05 Privilege License Collections in August $ 2,703.53 Total IIDney proCessed through Collection Office for New Hanover County, City of Wilmington, Wrightsville Beach; Carolina Beach, and Kure Beach to date - $431,637.60. This report is for fiscal year beginning July 1, 1984. Respectfully submitted, ~-' (;)10 u.;blL~ (. ca. rv atricia J.' ynor U Collector of Revenue TO: Mr. G. F. Cooper County Manager Roland G. Register~~c Tax Administrator ~ i)' , " _LDnSa.-'t'\.-+ mmtn ,. AGENDA DATE: all'1/ /;// ITEM l)lo; .s' .. .: ~, MEMORANDUM FROM: t c SUBJECT: Abatements and Refunds DATE: September 10, 1984 Request the following taxes be released as the taxpayers reported incorrect or incomplete information at the time of listing. 1. Center Pier Resturant & Tackle $ 56.25 2. Cindy's Shop 49.78 3. Gause, Roger L. D.D.S. 204.70 (1981 - Refund) 4. Horton Iron Metal 'Co. , Inc. 265.02 5. Jackson, Leemie Dewey 3.41 6. Johnson Controls, Inc. 105.60 7. Lewis, Georgia Pridgen 4.16 8. McLaurin, James H. Rosa 21. 42 9. NcCarty, Mary L. 20.56 10. Matthews, Charles Edward 9.11 11. Payton, Margaret L. 6.59 12. Messick, Elvira 33.62 (1982 - Refund) 13. McNeal, Isadora 168.54 (79-82 Refund) 14. Realistic Developers, Inc. 28.68 15. Price, Robert A. 26.29 16. Pitch & Posts 3.55 17. Sheets, Thomas S. 35.93 18. Segar, George 16.15 19. Smith, Davie Wayne 117.91 20. Smith, Charles R. 638.68 21. Stevens;,.:'Beverly Kris 63.94 (1983 - Refund $9.78) 22. Strickland, Douglas 31. 32 23. Tuck, Mary Ruth 46.65 24. West, Curtis 9.86 25. White, Larry 191.46 (1983) 26. Wolff, Roger K. 10.81 Request the following taxes be released as they are double-charged: 1. Armstrong Dev. Inc. 2. Bishop, Carl Edward 3. Bondurant, Susan Abernathy 4. Brooks, Linwood Quinn 5. Burke, Elva Longstreet 6. Chinn, Raymond Edward 7. Chiotakis, Suzanne M. 8. Crenshaw, Gary o. 9. Damon, Aireese Moore 136.00 43.72 (1982 - Refund) 15.75 69.84 3.75 197.20 11. 22 8.24 12.65 Mr. G. F. Cooper . Page 2 September 10, 1984 10. Dixon, Celeste Lane ~-l. Fulcher, William Charles 12. Gage, Mary Cox 13. Hankins, Harry Leon 14. Hayes, Roosevelt 15. Hickman, Donald Wayne 16. Hofmeister, Susan Jean 17. Hodges, Robert Allen 18. Holden, Danny Wayne 19. Horton, James Ella 20. Hughes, Eloise Groves 21. Hughes, Glenn David 22. J. Proehl Painting Co. 23. K & S Enterprises 24. Lee, Leon Everett 25. McGowan, Mamie Ruth 26. McGowan, Andrew Ray 27. Mattocks, Betty B. 28. Maser, III Henry John 29. Mann, Ronald C. 30. Litchfield Co. 31. Page, Charles Arthur 32. Moore, Roderick C. 33. Monroe, Paul Seely 34. Mid-Town, Inc. 35. Meyers, Louis 36. Piner, John Thomas 37. Roberts, Lloyd Eugene 38. Rush, Robert M. 39. Schiavone, Shelvy 40. Snow, Carl S. Jr. 41. Thomas, Dorothy S. 42. Vitols, Mintauts 43. Wolfe, Barry Layne 44. Yarborough, Thomas C. c. $ 42.52 25.57 35.24 90.50 18.62 19.18 1.90 70.12 58.05 21.07 39.05 120.52 39.69 609.72 114.13 12.78 81.16 3.75 22.71 247.66 5,600.63 95.52 100.37 37.40 64.85 182.10 36.58 363.35 49.78 6.73 373.86 23.66 .68 55.65 122.06 Request the following taxes be released as the property is not located within city or. town limits: _l.___Carolina .Bottlers, Inc. 2. Cricket Ceramic Shop 3. Darroch, Wade & Shirley 4. Dean, Edwin Little 5. Fitzpatrick, Lawrence D. 6. Harper, Gene J. 7. House of Harper 8. Howard, James E. 9. Khajanchi, Kirit Ajitray 10. Koch Sulfur Products, Co. ____ _________. 2 1 . 69___ 52.20 (1981 Refund) 54.58 38.71 (1983 - Refund) 23.50 20.55 524.92 100.71 67.23 6,455.55 Mr. G. F. Cooper Page 3 September 10, 1984 11. Willis, Charlie Edwin 12. Winner, Joseph Walter $ 31. 75 12.95 .0 Request the following listing penalties be released as the taxpayer certifies they were unable to listing during the month of January due to illness or death, taxpayer listed on wrong abstract, or penalty charged in error. 1. A & S Properties 2 . Cox, C. W. 3. Daniels, Bobbie L. 4. Dunlap, Mana Bradley 5. Farrow, Bessie M. 6. Farrow, G. E. 7. Floyd, James T. 8. Hall, Gwendolyn R. 9. Hall, Lela Moore 10. Harkin, Roy E. 11. Jordan, Mary H. 12. Justice, Martha Dianne 13. Leonard Mae Davis Life Estate 14. Majette, Helen Jones 15. ~furtin, Gayle W. 16. McGee, Charlie L. 17. Miller, Henry S. 18. Muller, Paul Dr. Hrs. 19. Nixon, Samuel Isabelle 20. Parker, Alfreda Bland 21. Rowell, Mack L., Jr. 22. Reaves, Harold 23. Sinsel, Danny R. 24. Snyder, Frank B. 25. Strahin, John E. Etux. 26. Steele, J. B. Etux. 27. Springer, Charles E. 28. Tuck, Mary Ruth 29. Whisnast, Dan E 30. Williams, Mamie B. 31. Wolf, Elizabeth Q. 32. Yarborough, Hazel H. 427.12 10.58 38.51 .19 8.80 1.19 33.16 32.63 118.74 121. 11 83.91 31. 39 71.19 81. 93 106.55 19.05 95.07 6.12 24.77 33.31 12.51 10.78 32.13 58.90 51. 70 25.58 28.75 26.57 41.68 135.68 28.34 ________-4J_.50 Request the following taxes be released as these charges are due to clerical errors of entire building charged in error, mapping errors, penalty charged in error, charged to wrong map number, errors in manual calculations, incorrect- ly charged in the city limits, incorrect encoding, mispriced household furnish- ings, error in $300 household exclusion, and not having approved exemption at time of encoding. 1. A & S Properties 2. Blackburn, Travis R. Etux. 3. Crider, Jerry Wayne 775.08 345.18 412.08 Mr. G. F. Cooper Page .4 September 10, 1984 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Dawson, Carl R. Diamond Shamrock, Corp. Fisher, James C. Foy, David Hales, Edbridge Land Mark Properties Miller, Wesley D. Mitchell, John A. Morgan, Thomas J. Mulcahy, George D. Pepsi Cola Bottling Corp., Wilm. Reid & Taylor, Inc. Register, Kenneth G. Powell, Robert T. Picklesimer, Johon D. Dr. Schultes, Stanley Jay Sherman, Lowell Brown Stone, Paul Jr. Steinbrecker, Margaret Spears, Thomas E. Wells, Teresa L. Wilmington Scrap Iron Metal Co. Wrightsboro Private School, Inc. 4.73 67.32 59.70 61.49 54.24 62.52 417.42 11.20 56.47 83.64 3,493.85 1,137.68 7.03 373.71 95.46 441. 72 4.58 424.60 82.84 508.34 7.18 18.37 40.69 (79 - 84) c (81 & 82 Re(und) 1983 c (81 & 82 Refund) Request the following taxpayers be allowed the Senior Citizens exclusion as they qualify but failed to receive the reduction: 1. Ballard, Annie Thoe 21.58 2. Crumby, Mary H. 113.90 3. Davis, Margaret A. Etal. 57.80 4. Doscher, Gesine H~ 113.90 5. Lockamy, Vivian H. 113.90 6. Price, Ovia M. 113 . 90 7. Schotten, Casper Ronald 57.80 8. Shepard, William M. Hrs. 57.80 Request 1984 Taxes in the amount of $30.37 charged to Wilmington Housing Authority be released as this property qualifies for exempt status. The following appeals have been approved by the Board of Equalization and Review: 1. Deschamps, Marshall M. 2. Kirkum, R. Harlee 3. Vigus, Donald T. 57.89 126.34 34.00 ! . Mr. G. F. Cooper Page 5 September 10, 1984 Request these items be placed on the Consent Agenda for the County Commissioner's meeting September 17, 1984. I recommend approval of these 'abatements as the Commissioners have approved these types of releases in the past. e :sw c Copy: R. Pope County Attorney Lucie Smith Clerk to the Board C. Thompson Listing Supervisor P. Raynor Collector of Revenue A. Mozingo Internal Auditor f; t. r~1jJ, ~ r l~'- NORTH CAROLINA AGREEMENT NEW HANOVER COUNTY THIS AGREEMENT, made and entered into this day of , 19___, by 'and between NEW HANOVER COUNTY, a pOliti- cal subdivision of the State of North Carol~na, hereinafter referred to as "Cou~ty," and Riqht of Way Equipment Co., Inc. , of Raleiqh North Carolina, hereinafter referred to as "Vendor"; WIT N E SSE T H : WHEREAS, County advertised for bids for Hydraulic Boom Mower and bids were received and opened as required by law; 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 Hydraulic Boom Mower NOW, THEREFORE, in consideration of the mutual bene- fits inuring to the parties hereto, said parties covenant and agree as follows: 1. In accordance with County.s specifications and Vendor's proposal, copies of both of which are attached hereto and made a part hereof, Vendor will deliver to County the Hydraulic Boom Mower ~ ,..-- --'~"-"""-::'..:...;~.=::.:::.:.:...::.,.:. .:-.,;..~.~-~-~.....--.;.:.....~..._~.._..,~_..~~:..~~~-;':::-;' . "'.". .... - .--.--..:...--------.--. 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 price for said goods in the sum of Eight thousand eight hundred nineteen dollars and 09 /lOOths Dollars ($ 8,819.09 ) shall be paid by County in cash within 30 days after the delivery 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 Co. Airport. Rt. 6. Box 49. Wilmin~ton. NC ~8405 5. Vendor shall deliver all goods purchased by County on or before 60 days after receipt of orQer 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 Right of Way Equipment Co., Inc. , Vendor, has executed this instrument under seal, or, if a corporation, caused this instrument to be executed in its behalf by its duly authorized officers and its corporate seal to be hereto affixed, on the day and year first above written. NEW HANOVER COUNTY .......t~~1\.T \ ..' r ~~ ..... h...~OV t::R Co "'; .... .'l.r Y. .... ..'" ~' 00040000. V.A~', .... ~ .00 000 ..-~ ~ :- ~ o. 00 P,L. .,. : ~ o. 00;' _ 0 0 ~ ATTis ~ E .. 0' 0 eM . a 0 _ :~ ~ g~~ ~ ~ : S ~ ~ .. .. , 4JI;i By: ~ f Jjt(~. hairman I 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: 3 ...____":::-:.::::::.::-:-:----- -.-- -- -.:....:.:..:.:::..:: .- ....--.-. -" .'-!'I'" --;.:.:.o.~'--' .....-.--..-- Right of Way Equipment Co., Inc. Vendor (SEAL) . By: Title: (Owner, Partner, pres./V.pres.) ATTEST: Secretary NORTH CAROLINA 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 Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Commission, the foregoing instrument was signed in its name by its Chairman, , sealed with its corporate seal and attested by him/herself as its Clerk. WITNESS my hand and official seal, this , 19 day of Notary Public My commission expires: 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 ... ,...._._..v~_.... ...4__..'____.. WITNESS my hand and official seal, this 19 day of Notary Public My commission expires: NORTH CAROLINA NEW HANOVER COUNTY (If Vendor a Corporation) "I I, a Notary Public of the State and County aforesaid, certify that personally came before me this day and acknowledged tha~ (s)he is Secretary of a corporation with an office in County, and that by authority duly given and as the act of the corporation, the foregoing instrument was 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 My commission expires: 5 ...._~..._~__...A.~.._.... _ ... ,. ,....., _.. . -,~ . "~ ~ 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 of the New Hanover County Administration Building in Wilmington, North Carolina, the regular place of meeting at 9:00o'clock, ~.M., on September 17, 1984. The following Commissioners were: Present: Karen E. Gottovi, Chairman; Donald P. Blake, Nolan O'Neal and Claud O'Shields Absent: Jonathan Barfield * * * * * * * * * * 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 an industrial project for The Alper 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 onSeptember 1 , 1984 that the Board would hold a public hearing on September 17, 1984 on the proposed project and the issuance of revenue bonds to finance the project. The Chairman further stated that Seymour L. Alper, the Chairman of the Authority, was also a general partner of The Alper Company and an officer and stockholder of Queensboro Steel Corporation, the proposed operator of the project to be financed. Since he was personally and finan- cially interested in the project, Mr. Alper did not partici- pate or vote in connection with actions relating to the financing at the June 20, 1984 and July 20, 1984 Authority meetings. -2- 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: Wallace C. Murchison, a resident of Wilmington, Nortn Carolina, attorney for the Authority, explained that the indu$trial revenue bond issue under consideration was in the amount of $750,000, for a warehouse and office adjacent to the Queensboro Steel Company property on U. S. Highway 421, that the bond issue was for the benefit of the Alper Company, a general partnership consisting of most of the stockholders of Queensboro Steel Company, that the warehouse would be used for fabricating steel, that Queensboro Steel Company had been doing this work at a leased warehouse at the State Ports Authority, that they did not have room for expansion so the family formed a partnership to build a new warehouse and office at the Highway 421 location, and lease it to Queensboro Steel Company, that Mr. Seymour Alper, Chairman of the Authority, was also a general partner of the Alper Company and an officer and stockholder of Queensboro Steel Corporation, that since he was interested personally in the project he did not participate or vote on the bond issue or the -3- project at the Authority's meetings, and that the minutes of the County Commissioners' meeting should reflect that fact, because of legal requirements. Mr. Murchison introduced Mr. Mark Alper, a resident of Wilmington, North Carolina and partner in the Alper Company. Mr. Alper stated that his company intended to build a new warehouse facility to do structural steel fabrication, cur- rently being done at the state Ports Authority, that there was no room for expansion at the current location and that it has become costly to transport steel between the State Ports location and the Highway 42l location. Chairman Gottovi asked Mr. Alper to explain the public benefit of the bond issue and he replied that the public benefit would mainly be 20 to 30 new employees at the project facility. Chairman Gottovi asked Mr. Alper if the new facility would be subject to property taxes in New Hanover County and he replied that it would and that this would be an additional public benefit. No further questions were asked by the Commissioners and no additional comments were made by members of the public. After the Board had heard all persons who re- quested to be heard, Commissioner O'Shields moved that the public hearing be closed. The motion was seconded by Commissioner O'Neal and was unanimously adopted. Commissioner Rlrlke 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 -4- 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 industrial project for industry, 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 its revenue bonds in the principal amount of not more than $750,000 to pay all or a portion of the costs of the acqui- sition, construction and installation of an expansion of industrial facilities on Highway 421 north of Wilmington adjacent to the Warehouse Division of Queensboro Steel Corporation for the fabrication of steel products, including the acquisition and reconstruction of an approximately 80,000 square foot fabricating building and an approximately 4,000 square foot office building (the "Project") to be owned by The Alper Company, a North Carolina partnership, and leased to and operated by Queensboro Steel Corporation, a corporation in which the partners of The Alper Company are stockholders; and -5- 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 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 -6- certified copy of this resolution to the Department of Commerce. (4) This resolution shall take effect immediately upon its passage. Commissioner Blake moved the passage of the foregoing resolution and Commissioner O'Shields seconded the motion, and the resolution was passed by the following vote: AYES: Karen E. Gottovi, Donald P. Blake, Nolan O'Neal and ClaudO'Shields NAYS: None -7".. STATE OF NORTH CAROLINA ) : SSe : COUNTY OF NEW HANOVER ) 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 September 17, 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 accor- dance 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, thi s 4q"uuud'8.TB~t Oc,tober_r-,:;'" 1984. <i>'I>~<i>" h,,'t\OVER CO"""- ..'" ~ \.p '/. ",p '" 4~' 00000000 ~ ~ ~ 00 oo~.. tf. ~ J.: 00 0" .~ l'", ~ .is' 00 Oc r.,L. ~ H~ ~ ~ ~ ~ 0 (I U g ~ ~ ~ .. 0 a Ii! ~~ ~ g g (S$1)~ / ti: ~ ... O. l It ~ 00 IMPO T ,0 {j ~ 000 00 I ~P: +0 000000000000 ~,. ~..~ ~'" ~rH F" Af).Cl"; ~ltltltli 11,., Il:.1 ~\~ 10,,, fI f IIllttt , " ,J .. . . . . ... . . . . .. . . . .. . ....... ... .. . . . . ... .. . . . .. .. . . . ....... . . .. ... . . . . . .. .. .. . . . . .. . . . . . . . .. . .... . .. .. .. . . .. . ~~ ',~:;~ moar~ of Qlommtss toners ,. N em ){anlluer O!lluntU H\e51l1utilln BE IT RESOLVED, that on Septeinber 17, 1984, the Board of County Commissioners hereby gives their unanimous approval of New Hanover County's Economic Development Application for Community Development Block Grant Funds to defer working capital expense for Arnhoist. ' ,~<it) , ~'. the 17th day of September, 1984. ~ ~ ~v:~ " cie F. Smith Clerk to the Board ~ ~~...-.:-" .' ~ ~~ -......::=. .............................................. '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . MINUTES OF A REGULAR MEETING OF THE BOARD OF COMMISSIONERS OF NEW.HANOVER COUNTY, NORTH CAROLINA. A'regular meeting of the Board of Commissioners, of New Hanover County, was held in the County Administration Building, the regular meeting place on 320 Chestnut Street, Wilmington, NC. Five Commissioners were present. The Board of Commissioners was advised that a proposed contract, between the County of New Hanover and North Carolina Department of Natural Resources and Community Development for the provision of planning services was present and discussed; that, under the terms of the said contract, the County of New Hanover wil I pay a total of $1,388 as Its local share of the planning costs. Commissioner L1~ introduced the following resolution, which was read: "BE iT RESOLVED, BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER: I) That the contract between the County of New Hanover and the North Carolina Department of Natural Resources and Community Development be and the same is hereby approved. 2) That the Chairman and the Clerk be and they are hereby authorized to sign and execute the said contract for and on behalf of the County of New Hanover and forward the same to the North Carol ina Department of Natural Resources and Community Development. ' 3) That upon final execution acotf~d contract be filed with the min~s. Upon motion of Commissioner , seconded by Commissioner (P)~ , said resolution was unanimously passed. I, Lucie F. Smith Clerk of County Commissioners of New Hanover County, North Carolina do hereby certify that the foregoing is a true copy of so much of the proceedings of the County Commissioners of the County of , New Hanover, North Carolina, at a meeting held on Monday, September 17, 1984, as related to the contract, between the New Hanover County Commissioners and the N. C. Department of Natural Resources and Community Development, relative to the planning project for the mapping of existing land uses and the development of hurricane hazard mitigation and resconstruction plans. WITNESS my ha~nd nd the corpo,rate seal of the said New Hanover County, this the J?'PI.. day of __ " 1984. / . ~. ~,~, ,', --- ~" ' CLERK - :) '- ,.~' ~ STATE OF NORTH CAROLINA ss. : COUNTY OF NEW HANOVER ) I, LUCIE F. SMITH, Clerk of the Board of Commis- sioners of the County of New Hanover, hereinafter described, DO HEREBY CERTIFY as follows: 1. A regljlar meeting of the Board of Commissioners of the County of New Hanover, a county located in the State of North Carolina, was duly held on September -12, 1984, 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 County, " '. this l8thday of September, ~DODDODOOO r:,'!>U 000; 0' ~~N@V et{S Do, ~.~ ooooooooooQ ~Q~,\ @ ..P_ f\, 0<0 11 ~}fE1W~Sgoj(;' ~ \ W . r)\ ~ ,(./') \\ t\ >> , ,] , ,(;" 0,", . f {3 {r i ~ ;-I~ to, 1 n j '~ ~ ._0,' ..." ::.r"/). .''''', ,) 'l } t .-:__ ,yo --.1'_')( J" \ \ L'I'., -,~,:b~}! f / ~'.? l \\ ,...-r~~' ~vrJ ...\,'.' ( <-.. ,'~,.,,~"-,",' ,J"l.I, 1" ,r,. "-,, ~".::.f" // ~~@<O ~"--~;::,,~~q~;:::/ ~ 0-,0-,~trlJJ ~Q@~~ COCacaDDOOoCC~ 1984. ~ ~ EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS the aoard of Commissioners of New Hanover County met in regular session on Monday, September ll, 1984, at 9:00 a.m., in the Assembly Room, New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Karen E. Gottovi, Chairman Donald P. Blake Nolan O'Neal Claud O'Shields, Jr. Members absent were: Jonathan Barfield, Sr. * * * * * Commissioner O'Neal presented th~ following resolution and moved that it be adopted: WHEREAS, the bond order hereinafter described has taken effect and the Board of Commissioners desires to borrow money for the purposes for which bonds are authorized to be issued by said bond order in anticipation of the receipt of the proceeds of the sale of said bonds as herein- after provided~ NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, as follows: (1) The sum of $1,500,000 will be borrowed by the County of New Hanover in anticipation of the receipt of the proceeds of the sale of bonds authorized to be issued by the public building bond order, adopted by the Board of Commissioners of the County on August 6, 1984, for the purpose for which said bonds are authorized to be issued. Negotiable notes, each designated "Public Building Bond Anticipation Note", shall be issued for said sum so borrowed. (2) Said notes shall be dated October 9, 1984, shall be payable October 24, 1984 and shall bear interest from their date at a rate which shall not exceed twelve per centum (12%) per annum. Such interest shall be payable at the maturity of the said notes. Each of said notes shall be signed by the Chairman and Clerk of the Board of Commissioners of the County and the seal of the County shall be affixed to each of said notes. (3) The power to fix the rate of interest to be borne by said notes and to determine the denomination or denominations of the notes and the place of payment of the notes is hereby delegated to the Chairman and Clerk of the Board of Commissioners who are hereby authorized and directed to cause said notes to be prepared and to execute said notes when they shall have been sold by the Local Government Commission of North Carolina. -2- (4) The Chairman and Clerk of the Board of Commissioners are hereby authorized to make application to the Local Government Commission of North Carolina for its approval of said notes in the manner prescribed by The Local Government Finance Act. Said Local Government Commission is hereby requested to sell the notes in the manner prescribed by said Act. Said notes, when they shall have been sold by said Commission in the manner provided by law and ~hen they shall have been executed in the manner prescribed by this resolution, shall be turned over to the State Treasurer of the State of North Carolina for delivery to the purchasers to whom they may be sold by said Commission. The motion having been duly seconded and the resolution having been considered, it was adopted by the following vote: AYES: Comini_ssi.oners: Blake, Gottovi, 0 I Neal' and 0'8hi.elds. NAYS: None. ABSENT; Commissioner Barfield. -3- -" , STATE OF NORTH CAROLINA ) . - . ss. : COUNTY OF NEW HANOVER ) I, LUCIE F. SMITH, Clerk of the Board of Commis- sioners of the County hereinafter described, DO HEREBY CERTIFY, as follows: 1. A reqular meeting of the Board of Commissioners of the County of New Hanover, a county located in the State of North Carolina, was duly held on September l7, 1984, 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 County, : '., this ~~~;fu8iffiJa,~ay of September, 1984. tf>~ - ooo/}. rj>e.P ~~~(2nf t~ ~b",,- t..l\ 0000000000 ~@ l)ooa., ';/ ~ 00 ~ 'il ~_ 's;;g Q 0% ~ '\ {{f~r~:~.. )~n o ~~~OW~O ~ Ii g ~~~tJi91 , ~ a:ff!!E ~\r"J II % 4 ~ c:;::;:.::.r ,'/ '@~ '~~;/~\? ~Do~:~~~ , ~~4~ C rk, Board 0 CommIssioners 'County of New Hanover, North Carolina EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS The Board of Commissioners of New ,Han()ver County met in r~gular session on Monday, September l7, 1984, at 9:00 a.m., in the Assembly Room, New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members p~esent were: Karen E. Gottovi, Chairman Donald P. Blake Nolan O'Neal Claud O'Shields, Jr. Members absent were: Jonathan Barfield, Sr. * * * * * Commissioner O'Neal presented the following resolution and moved that it be adopted: WHEREAS, the bond orders hereinafter described have taken effect, and it is desirable to make provision for the issuance of bonds authorized by said bond orders: NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, North Carolina (the "Issuer"), as follows: 1. The Issuer shall issue its bonds of the aggregate principal amount of $5,500,000 pursuant to and in accordance with the school bond order adopted by the Board of Commissioners on November 7, 1983. The period of usefulness of the capital project to be financed by the issuance of the bonds is a period of forty years, computed from October 1, 1984. 2. The Issuer shall issue its bonds of the aggregate principal amount of $1,500,000 pursuant to and in accordance with the public building bond order adopted by the Board of Commissioners of the Issuer on August 6, 1984. The period of usefulness of the capital project to be financed by the issuance of the bonds is a period of forty years, computed from October 1, 1984. 3. The bonds to be issued pursuant to the bond orders described in paragraphs one and two of this resolution shall be issued as one consolidated bond issue of the aggregate principal amount of $7,000,000 and shall be designated "Public Improvement Bonds, Series 1984" (herein- -2- after referred to as "the bonds"). The Board of Commis- sioners has ascertained and hereby determines that the average period of usefulness declared in paragraphs one and two of this resolution ,is not less than forty years computed from the date of the bonds. The bonds shall be issuable in the denomination of $5,000 each or any integral multiple thereof, shall be numbered from R-1 upwards in the order of their maturity, and shall be payable in annual installments on April 1 in each year, as follows: $400,000 in the year 1986, $200,000 in each of the years 1987 to 1997, inclusive, $800,000 in each of the years 1998 to 2002, inclusive, and $400,000 in the year 2003. 4. The bonds shall be dated October 1, 1984 and shall bear interest from their date at a rate or rates which shall be hereafter determined upon the public sale thereof and such interest shall be payable semi-annually on April 1 and October 1. 5. The bonds shall be registered as to principal and interest, and shall bear the facsimile signatures of the Chairman and the Clerk of the Board of Commissioners. A facsimile of the corporate seal of the Issuer shall be imprinted upon each of the bonds. 6. Interest on the bonds shall be paid by check by First Citizens Bank & Trust Company, as disbursement agent, and mailed to the registered owner of record as of 15 -3- days prior to the interest payment date ~t his address as it appears on the bond registry books of Fir8t Citizens Bank & Trust Company, as registrar and transfer agent. Principal of the bonds shall be paid by check by First Citizens Bank & Trust Company, upon presentation of the bonds for payment. 7. The bonds maturing on and after April 1, 1995 shall be subject to redemption prior to their stated maturities at the option of the Issuer on or after April 1, 1994, in whole at any time or in part on any interest payment date, at a redemption price equal to the principal amount of each bond to be redeemed together with accrued interest thereon to the redemption date plus a redemption premium of one-half of one percent (1/2 of 1%) of the principal amount of each bond to be redeemed for each calendar year or part thereof between the redemption date and the maturity date of each bond to be redeemed, provided that such premium shall not exceed two percent (2%) of such principal amount. If less than all of the bonds of any maturity are called for redemption, the bonds to be redeemed shall be selected by lot. If less than all of the bonds of different maturities are called for redemption, the bonds to be redeemed shall be called in the inverse order of their maturities. If less than all of the principal amount of a single bond is to be redeemed, the Issuer shall exchange a bond of the denomination representing the portion of the bond not redeemed to the registered owner in exchange for -4- the bond a portion of which is to be redeemed. Whenever the Issuer shall elect to redeem bonds, notice of such redemption of bonds, stating the redemption date, redemption price and identifying the bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there shall become due and payable upon each bond or portions thereof so to be redeemed, the principal thereof, redemption premium and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue, shall be given by publication at least once in a newspaper of general circulation in the County of New Hanover, North Carolina and at least once in a daily newspaper of general circulation or a financial journal distributed in the Borough of Manhattan, City and State of New York not less than 30 days prior to the redemption date fixed in said notice. Such notice shall be given not less than 30 days nor more than 60 days prior to the redemption date in writing to the registered owners, by pre-paid first class mail, at their addresses as such addresses appear on the records of First Citizens Bank & Trust Company, as bond registrar, but any failure in respect of such mailing will not affect the validity of the redemption. -5- 8. The bonds and the provisions for the registra- tion of the bonds, for the approval of the bonds by the Secretary of the Local Government Commission and for authen- tication of the bonds by First Citizens Bank & Trust Company, as transfer agent and registrar, to be endorsed thereon shall be in substantially the following form: , -6- (Form of Bond) NO. R- $ UNITED STATES OF AMERICA STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER INTEREST RATE MATURITY DATE OF ORIGINAL ISSUE OCTOBER 1, 1984 CUSIP REGISTERED OWNER: PRINCIPAL SUM: DOLLARS PUBLIC IMPROVEMENT BOND, SERIES 1984 The County of New Hanover (hereinafter referred to as .County"), a county of the State of North Carolina, acknowledges itself indebted and for value received hereby promises to pay to the registered owner named above, on that date specified above, upon surrender hereof, the principal sum shown above and to pay to the registered owner hereof interest thereon from the date of this bond until it shall mature at the rate per annum specified above, payable semi- annually on April 1 and October 1 of each year. Principal of this bond is payable by check by First Citizens Bank & Trust Company, in Raleigh, North Carolina, as disbursement '-7- agent, or by the duly appointed alternate or successor disbursement agent (the "Disbursement Agent"), in such coin or currency of the United States of America as at the time of payment shall be legal tender for the payment of public and private debts. Interest on this bond is payable by check by the Disbursement Agent and mailed to the registered owner hereof at his address as it appears on the bond registry books of First Citizens Bank & Trust Company, as transfer agent and bond ,registrar (the "Transfer Agent"), at \ the close of business on the fifteenth calendar day next preceeding each semi-annual interest payment date. This bond is transferable by the registered owner hereof or his duly authorized attorney at the princi- pal office of the Transfer Agent, upon surrender of this bond, accompanied by a duly executed instrument of transfer in form and with guaranty of signature satisfactory to the Transfer Agent, and upon payment of any taxes or other governmental charges incident to such transfer. Upon any such transfer a new registered bond without coupons of the same maturity and in the same aggregate principal amount will be issued to the transferee. The person in whose name this bond is registered shall be deemed the owner hereof for all purposes, and the County and the Transfer Agent shall not be affected by any notice to the contrary. This bond is issued in accordance with the Registered Public Obligtions Act, Chapter 159E of the General Statutes of North Carolina and pursuant to Subchapter IV of The Local -8- Government Finance Act and bond orders adopted by th~ Board of Commissioners of the County on November 7, 1983 and August 6, 1984, to pay capital costs of improving and constructing school facilities and providing improvements to public buildings, respectively. The issuance of this bond pursuant to the bond order adopted on November 7, 1983 and the contracting of the indebtedness evidenced thereby have been approved by a majority of the qualified voters of the County voting at an election held in the County on January 17, 1984. The Donds maturing on and after April 1, 1995 . shall be subject to redemption prior to their stated maturi- ties at the option of the County on or after April 1, 1994, in whole at any time or in part on any interest payment date, at a redemption price equal to the principal amount of each bond to be redeemed together with accrued interest thereon to the redemption date plus a redemption premium of one-half of one percent (1/2 of 1%) of the principal amount of each bond to be redeemed for each calendar year or part thereof between the redemption date and the maturity date of each bond to be redeemed, provided that such premium shall not exceed two percent of such principal amount. If less than all of the bonds of any maturity are called for redemption, the bonds to be redeemed shall be selected by lot. If less than all of the bonds of different maturities are called for redemption, the bonds to be redeemed shall be called in the inverse order of their maturities. If less than all of the -9- principal amount of a single bono is to be redeemed, the County shall exchange a bond of the denomination representing the portion of the bond not redeemed to the registered owner in exchange for the bond, a portion of which is to be redeemed. Whenever the County shall elect to redeem bonds, notice of such redemption of bonds, stating the redemption date, redemption price and identifying the bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there shall become due and payable upon each bond or portions thereof so to be redeemed, the, principal thereof, redemption premium and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue, shall be given by publication at least once in a newspaper of general circulation in the County of New Hanover, North Carolina and at least once in a daily newspaper of general circulation or a financial journal distributed in the Borough of Manhattan, City and State of New York not less than 30 days 'prior to the redemption date fixed in said notice. Such notice shall be given not less than 30 days nor more than 60 days prior to the redemption date in writing to the registered owners, by pre-paid first class mail, at their addresses as such addresses appear on the records of First Citizens Bank & Trust Company, as bond -10- registrar, but any failure in respect of such mailing will not affect the validity of the redemption. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of North Carolina to exist, be per- formed or happen precedent to or in the issuance of this bond, exist, have been performed and have happened, and that the amount of this bond, together with all other indebted- ness of the County, is within every debt and other limit prescribed by said Constitution or statutes. The f~ith and credit of the City are hereby pledged to the punctual payment of the principal of and interest on this bond in accordance with its terms. This bond shall not be valid or become obligatory for any purpose until the certifications hereon shall have been signed by authorized representatives of the Local Government Commission of North Carolina and First Citizens Bank & Trust Company. IN WITNESS WHEREOF, the County has caused this bond to bear the facsimiles of the signatures of the Chairman and -11- Clerk of the Board of Commissioners of the County and a facsimile of the corporate seal of the County to be imprinted hereon and this bond to be dated October 1, 1984. (SEAL) (facsimile signature~ Chairman, Board of Commissioners (facsimile si1nature) Clerk, Board 0 Commissioners Transfer Agent's Certificate of Authentication This bond is one of the bonds of the issue de- signated herein and issued under the within-mentioned bond orde rs . FIRST CITIZENS BANK & TRUST COMPANY By: --_._~. Authorized SIgnatory Date of Authentication -12- The issue hereof has been approved under the provisions of The Local Government Bond Act. (facsimile signature) JOHN D. FOUST Secretary of the Local Government Commission ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto , the within Bond and irrevocably appoints , attorney-in-fact, to transfer the within Bond on the books kept for registration thereof, with full power of substitu- tion in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name as it appears upon tne face of the within Bond in every par- ticular, without any alter- ation whatsoever. Signature Guaranteed: 9. Actions taken by officials of the Issuer to select disbursement and transfer agents, and a bond re- gistrar, or alternate or successor agents and registrars pursuant to Section 159E-8 of the Registered Public Obliga- tions Act, Chapter 159E of the General Statutes of North Carolina, are hereby authorized and approved. , -13- 10. The Local Government Commission of North Carolina is hereby requested to sell said bonds and to state in the Notice of Sale of said bonds that bidders may name one rate of interest for part of said bonds and another rate or rates for the balance of said bonds. Said bonds shall bear interest at such rate or rates as may be named in the proposal to purchase said bonds which shall be accepted by said Local Government Commission. 11. The Chairman and Clerk of the Board of Commis- sioners of the Issuer are hereby authorized and directed to cause said bonds to be prepared and, when they shall have been duly sold by said Local Government Commission, to execute said bonds and to turn said bonds over to First Citizens Bank & Trust Company, for delivery to the purchaser or purchasers to whom they may be sold by said Local Govern- ment Commission. 12. The Official Statement dated September 7, 1984 setting forth financial and statistical data in connection with the offering of said bonds, which was circulated with the Notice of Sale thereof, is hereby approved. In connec- tion with this approval, the Board of Commissioners of the Issuer has examined copies of the Official Statement and has, to the extent and in the manner it has deemed necessary, discussed the contents thereof with officers of the adminis- tration of the Issuer. The Board of Commissioners of the -14- , . ~ Issuer does hereby recite that, upon its examination and discussions, nothing has come to its attention which would lead it to believe that said Official Statement contains any untrue, statement of a material fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Chairman and Clerk of the Board of Commissioners of the Issuer are hereby authorized and r directed to execute the Official Statement. The motion having been duly seconded, and the resolution having been considered, it was adopted. The vote on the adoption of the resolution was as follows: AYES: Commissioners Blake, Gottovi, O'Neal and O'Shields. NAYS: None. ABSENT: Commissioner Barfield. -15- ; " NORTH CAROLINA CERTIFIED LIST OF OFFICERS AND COMMISSIONERS AND TERMS OF OFFICE NEW HANOVER COUNTY I, LUCIE F. SMITH, Clerk of the Board of Commissioners of the County of New Hanover, in the State of North Carolina, sitting as the Board of District Commissioners of the New Hanover County Water and Sewer District, HEREBY CERTIFY, as follows: 1. At all times since July 5, 1983, the following persons have been members of the Board of Commissioners of said County, sitting as the Board of District Commissioners of the New Hanover County Water 'and Sewer District, each of whom having been elected or appointed as a member of the Board of Commissioners of New Hanover County on the date set forth below for terms of office beginning and ending on the following dates, respectively: Date of Term of Election/ Term of Office Name Appointment Office Began EndsjEnded Jonathan Barfield, Sr. November 4, 1980 December 1, 1980 December 3, 1984 Donald P. Blake Noverrber 4, 1980 December 1, 1980 December 3, 1984 Karen E. Gottovi November 4, 1980 December 1, 1980 December 3, 1984 Nolan O'Neal November 2, 1982 December 6, 1982 December 1, 1986 Claud O'Shields, Jr. November 2, 1982 December 6, 1982 December 1, 1986 2. At all times since December 6, 1982, KAREN E. GOTTOVI has served as Chairman of the County Board of Commissioners, having been elected to such position by the Board of Commissioners for a term of office expiring December 3, 1984. At all times since July 5, 1983, CLAUD O'SHIELDS, JR., has served as Chairman of the Board of District Commissioners of the New Hanover County Water and Sewer District, having been elected to such position by the Board of Commissioners at the organizational meeting of said District for a term of office expiring December 3, 1984. 3. At all times since December 28, 1982, the undersigned LUCIE F. SMITH has served as Clerk of the Board of Commissioners of New Hanover County, having been appointed to said office by the Board of Commissioners for a term of office expiring at the pleasure of said Board, and as such serves as Clerk to the Board of District Commissioners of the New Hanover County Water and Sewer District and has done so at all times since the organizational meeting of said District on July 5, 1983. 4. Each of the persons hereinabove described, before beginning to perform the duties of his or her respective office, duly accepted his or her office and duly qualified for that office by taking the oath prescribed by law, and where required by law, by giving an official bond complying with all legal requirements. None of said persons has died and none of said persons has resigned his or her office, except as may be set forth in the notes to paragraph 1 hereof. 5. At all times since July 1, 1981, ROBERT W. POPE, ESQ., has served as Attorney for the County, having been appointed to such posi tion by the Board of Commissioners for a term expiring at the pleasure of the Board. 6. At all times since August 20, 1979, GEORGE F. COOPER has served as County Manager, having been appointed to 2 " such office by the Board of Commissioners for a term of office expiring at the pleasure of said Board. 7. At all times since November 1, 1979, ANDREW J. ATKINSON has served as Finance Officer of the County, having been appointed to such office by the County Manager for ~ term of office expiring at the pleasure of said Manager. 8. None of the persons hereinabove named has held or exercised any office or place of trust or profit under the United States, or any department thereof, or under the State of North Carolina, or under any other State Government at the time of election or appointment to the respective office to which he or she was elected or appointed as hereinabove stated, or during his or her term of office. 9. The seal, an impression of which appears below, is the corporate seal of said New Hanover County Water and Sewer District. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of said New Hanover County Water and Sewer Distr ict, this )7a day of September, 1984. [SE~}''''"''''''" """':'.' ..','.' ....~~~~\\ 0 V E R Co Z...... .. ~~. .'J'JID.J'-~'1'.,:>.. ## ~ l~-" .'- , rL ~ ...:::...v ..,' -.r ,. ! "" .- ~ .A. ':. : i' ~ '''')'' -~ -;. : * : -t" ~~-: ::::' ~ ~. : '::~.~,*: ..:c:;._#, :. .. .. "', _~ I.. -:. "ll"... . '!(.' ,. ,_ :/,/ L .. ... """" . ...., .-.----:...----- /" .. --... : -:.. ~ -. :rM'"!?pF:r~"'~:'~"6.1tr" .fl- " .. "...... '/" -.. ~l'tl~~:~",yr ... l't.. ~ ,.:~ ,. A.. e'# A,... ... "" '7 ~ ......,.* ~c..,"" ,,,'" , ."11 0 SEW\:.\\ \) ~~~~.." """,.. ".1 ,I"'''' d~ Cle _! Board of Commissioners of New Hanover County, North Carolina, and Board of District Commissioners of the New Hanover County Water and Sewer District 3 CERTIFICATE OF NON-ARBITRAGE 1. The County of New Hanover, North Carolina (the AIssuer") is issuing and delivering simultaneously with the delivery of this certificate its $120,000 general obligation Sanitary Sewer Bond Anticipation Note, dated September 12, 1984 and payable September 11, 1985 (the "Note"). 2. The Note, authorized by a bond order duly adopted by the Board of Commissioners of the Issuer on June 7, 1982, is being issued to refund, together with $270,000 in available funds of the Issuer, a $390,000 Sanitary Sewer Bond Anticipation Note of the Issuer dated September 13, 1983 which is due on September 12, 1984 (the AMaturing Note"). 3. The Maturing Note was issued to refund $390,000 Sanitary Sewer Bond Anticipation Notes of the Issuer dated March 16, 1983 and payable September 14, 1983 (the A1983 Notes"). 4. The 1983 Notes were issued to refund $390,000 Sanitary Sewer Bond Anticipation Notes of the Issuer dated September 14, 1982 and payable March 16, 1983 (the "Original Notes"). 5. The Original Notes were issued for the purpose of financing the certain sanitary sewer Project authorized by said bond order (the "Project"). 6. The estimated $ 120,OOQ costs of the Project are being financed by the proceeds of the sale of the Note and funds of the Issuer. -~ 7. The Issuer has entered into binding contracts in connection with the Project totalling at least $ 36,000 Actual work on the Project has begun and will proceed with due diligence to completion by September 14, 1985 8. ~ $36.000 portion of the proceeds of the Original Notes has been fully expended for costs of the Project. It is expected that all of the proceeds of the Original Notes will have been fully expended for the payment of costs of the Project before September 14, 1985. 9. Any earnings from the investment of the original proceeds of the Original Notes will have been fully expended for debt service within one year from the date of such receipt. The proceeds of the 1983 Notes and the Maturing Note were not invested pending application to refund the Original Notes and the 1983 Notes, respectively. The proceeds of the Note will not be invested pending application thereof to refund a portion of the Maturing Note. 10. Accrued interest received upon the sale of the Notes (if any) will be applied to debt service on the Note within one year from the date of such receipt. 11. The Issuer has not and will not establish any sinking fund with respect to the Note. 12. This certificate is being executed and de- livered pursuant to Treasury Regulations Sections 1.103-13, 1.103-14 and 1.103-15, and the undersigned Chairman and Clerk of the Board of Commissioners are officers of the Issuer charged with the responsibility of issuing the Note. -2- . , 13. To the best of the knowledge, information and belief of the undersigned, the above expectations are reasonable and nothing has come to our attention to make us believe that any of the reasonable expectations expressed in the certificates of non-arbitrage with respect to the Original Notes, the 1983 Notes and the Maturing Note have changed in any material respect. 14. The Issuer has not been notified of any listing of it by the Internal Revenue Service as an issuer that may not certify its obligations. IN WITNESS WHEREOF, we have hereunto set our respective hands on behalf of the Issuer, this ____ day of September, 1984. ~z~.. Calrman,"Boar of Commissioners V/~ erk, Board of Commissioners -3- ~ LeBoeuf, Lamb, Leiby & MacRae New York City SIGNATURE CERTIFICATE We, the undersigned, acting on behalf of the County of New Hanover, created and existing under the laws of the State of North Carolina and herein referred to as "Issuer", DO HEREBY SEVERALLY CERTIFY, as follows: 1. Subsequent to August 17, 1984 and on or prior to the date of this certificate we have signed the following obligation (herein-referred to as the "Note") of the Issuer: A $390,000 Sanitary Sewer Bond Anticipation Note, dated September 12, 1984, payable September 11, 1985, bearing ihterest at the rate of 6.55% per annum, payable at maturity. 2. The issuance of the Note has been authorized by the following orders, resolutions and other proceedings: A bond order adopted by the Board of Commissioners of the Issuer on June 7, 1982 and a resolution adopted by said Board on September -!-, 1984. 3. At the time we signed the Note we were, and we now are, the duly chosen, qualified and acting officers of the Issuer, as indicated below. The seal affixed to or impressed upon this certificate has been affixed to or impressed upon the Note. 4. None of the orders, resolutions or other' proceedings authorizing the issuance of the Note, referred to in paragraph 2 of this certificate, has been rescinded or repealed or modified or amended in any respect, except as indicated in said paragraph. The authority to execute and issue the Note on behalf of the Issuer thereby granted to the undersigned has not lapsed, been revoked or rescinded. IN WITNESS WHEREOF, we have hereunto set our hands and the seal hereinbefore described, this day of September, 1984. OFFICE SIGNATURE 6<;.\~n1)Q\ltlO"ol" ,Jc.ta-SOOq '!I>~<><:J ~~NOVE.? 000000 ~~ ,'Oll,aaSDlltiO C"0",.~"'<h. rl ~ 6660 . 000 \\;J!:-Lb fi ~ o~'''_~'' "~o/, ~~<Q ,,>'. ,(l!Io ~ ~'.!l60 Ij {1 llG::;:),O 0 \, ~ (,~~,~J ',-1A ~_C;;;;O~I;..;y{J~) \\" @, b~.=_Frc;,.-;,:~~. '.' " ' " '..1,1"'- '-- ,.,. .... (",2,\J ~,,{jL'J (f;a/eP"\ V".;/- -'''~'''~~~~A;-~''f:~~?~ Chairman, Board of Commissioners {~t~ Clerk, Board of Commissioners County Attorney I HEREBY CERT~FY that I know the persons whose sig- natures appear above and am familiar with their signatures, and that I have examined their signatures on this certificate and that such signatures are genuine and that said persons 'are officers of the Issuer as sta e in~a:; ~~ Name lJ~ ~/M M ~ /vd,~g:iBank Title -2- I ~ STATE OF NORTH CAROLINA ss. : COUNTY OF NEW HANOVER I, LUCIE F. SMITH, Clerk of the Board of Commissioners of the County hereinafter described, DO HEREBY CERTIFY, as follows: 1. A regular meeting of the Board of Commissioners of the County of New Hanover, a county located in the State of North Carolina, was duly held on September 4 , 1984, 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 Co~~~nDDD~tnu~ 5th ~",'t..,....<:. ~~O"ER COQQQQ;;;-- -<>"'4, '\(\ 000000000 v~ <p... g ... 00 0 , d L,: ,," 00 ~-:. ~ ~ " ,,~ II'I~l' "0 ~ ~ 8 0 ~ o " ~ 6 0 ~ i g g :: So ~ g : ~ 69 g~:: ftI pO.... ~ "9 - l) 00 I:: '1t e !Ii ..r .. .:- ~. 95'19 / 0100 ~ ~ ...../': "VO ~"fi'O"OO.O ~ ......., ""'" 'Rtf.,( CA~O\,; ........ 1", ""..".. r"'lItH\\'-"" day of September, 1984. '~~ Board ot'Commlssloners of New Hanover, North Carolina EXTRACTS FROM ~INUTES OF BOARD OF COMMISSIONERS The Board of Commissioners of New Hanover County met in regular session on Tuesday, September 4, 1984, at 7:00 p.m., in the Assembly Room, New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Karen E. Gottovi, Chairman Jonathan Barfield, Sr. Donald P. Blake Nolan O'Neal Claud O'Shields, Jr. Members absent were: None * * * * * Commi~sion~r o 'Shields, presented the follow- ing resolution and moved that it be adopted: WHEREAS, the bond order hereinafter described has taken effect and the Board of Commissioners of the County of New Hanover has issued a $390,000 Sanitary Sewer Bond Anticipa- tion Note, dated September 13, 1983 and payable September 12, 1984 to borrow.money for the purpose for which bonds are authorized to be issued by said order; and WHEREAS, the Board of Commissioners of the County of New Hanover desires to renew a $120,000 portion of the foregoing note in anticipation of the receipt of the proceeds of the sale of said bonds, as hereinafter provided, and to pay the $270,000 balance of the note from available funds of the County; NOW, THEREFORE, . , , BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, as follows: (1) A $120,000 portion of the outstanding $390,000 Sanitary Sewer Bond Anticipation Note payable September 12, 1984 which has been issued in anticipation of the proceeds of the sale of the $390,000 bonds authorized by a bond order adopted by the Board of Commissioners of the County of New Hanover on June 7, 1982, shall be renewed by the issuance of $120,000 Sanitary Sewer Bond Anticipation Notes, in anticipation of the receipt of the proceeds of the sale of the bonds authorized to be issued by said order. Said notes shall consist of one note, numbered 1. Said notes shall be dated September 12, 1984, shall be payable September 11, 1985 and shall bear interest at the rate of 6.55% per annum, payable at maturity. (2) The Chairman and Clerk of the Board of Commis- sioners are hereby authorized and directed to cause said note to be prepared and to execute said note. (3) The Chairman and Clerk of the Board of Commissioners are hereby authorized to make application to the Local Government Commission of North Carolina for its approval of said note in the manner prescribed by The Local Government Finance Act. The Local Government Commission is hereby requested to deliver said note through the State -2- Z' ..., Treasurer in exchange for said outstanding note upon payment of the interest payable with respect to said outstanding note to the holder of said outstanding note. The motion having been duly seconded, and the resolution having been considered, it was adopted, Messrs. Barf ield, Blake, 0 I N~al and 0' Shields and Mrs. Gottovi , ~ ,voting for the resolution and no one voting against it. -3- ~' , LeBoeuf, Lamb, Leiby & MacRae New York City CERTIFICATE OF NO LITIGATION We, the undersigned, acting on behalf of the County of New Hanover, created and existing under the laws of the State of North Carolina and herein referred to as "Issuer", DO HEREBY SEVERALLY CERTIFY, as follows: 1. We are on the date of this certificate, the I duly chosen, qualified and acting officers of the Issuer as indicated below. Neither the corporate existence of the Issuer nor the title of any of us to our respective offices is being contested. 2. Acting pursuant to authority given to us by orders, resolutions or other proceedings taken by the Issuer for that purpose, we have duly executed the following obligation (herein referred to as the "Note"), of the Issuer: A $120,000 Sanitary Sewer Bond Anticipation Note, dated September 12, 1984 and payable September 11, 1985, bearing interest at the rate of 6.55% per annum, payable at maturity, issued in anticipation of the issuance of bonds authorized by a bond order adopted by the Board of Commissioners of the Issuer on June 7, 1982, and a resolution adopted by said Board on September~, 1984. 3. No litigation of any nature is now pending or, to our knowledge, threatened, to restrain or enjoin the issuance or delivery of the Note or the levy or collection of taxes to pay the Note or the interest thereon or in any ,!, manner questioning the validity of the statutes authorizing the Note or the authority or proceedings under which the Note are issued, or authorizing the levy or collection of such taxes. 4. No litigation or contest of any nature is now pending or, to our knowledge, threatened, questioning the boundaries of the Issuer, or the title of any of said officers to their respective offices. IN WITNESS WHEREOF, we have hereunto set our hands and have hereunto affixed the corporate seal of the Issuer and have caused this certificate to be delivered to the purchasers of r;j;lIlUllililUOI ~JOOO _ At!%Yo/lfK/~~" , ~v- ~ ~'."J\ ,~.,.~",'JJ oJV JV}iVV'i?C! i?Ooa~."r 1~ ,."'.1 a ~,.~ . ,'''OtJ v.;;,,;> <g. /,.,..,','.,..~.....,'.->-:::',. "0 1Jv.~ ~q ii, ''C ,'. tV> b !I:' I>">' b. ..." (( () " ~'!:/ _,;:;,_I:;'S::'~ { f~ o ii", .".,...,."....'.,.' ..".:-.. oC\O..' ,f"'I".f (] t ", c"::';'>'/-' -. n () lL)(. '1 (J ~~\ ~!':5[".'~"~~~.c/" C .,11 ,'-,"W.......,> '''--'-~// if] A '\';;\\..;G:~-<' .c,~,"-;_::-" .,- - " ./t-; , , C:;t". '''-'(' ..'.', -~Jrlr) 1/ .:' _ 01~>~2~> t..g~~,:::'.,~J(: ;;:~/l'il. - \\,.,.,l.;{'~.,"".,,~....__GL~. ',::Z.~" r- /f" "\\~;R~~~.z%?!;.:;;.c.:?-:~fri~? f" / ~LG( ~.li.if>~~;V& ~2(:~~~=:t~~Y the Note this day of September, 1984. OFFICE SIGNATURE Chairman, Board ~ e It .1. of Commissioners ,j\~ I ~ County Attorney Clerk, Board of Commissioners I HEREBY CERTIFY that I know the persons whose sig- natures appear above and am familiar with their signatures, and that I have examined their signatures on this certificate and that such signatures are genuine and that said persons are officers of the Issuer as s ted~n ~~~cate~ame Vw- ~/~ tcMT ~ ~fJBank Title -2- / RESOLUTION OF INTENT TO CLOSE A PUBLIC ROAD WHEREAS, a petition has been filed pursuant to G. S. 153A-241, requesting the Board of Commissioners of New Hanover County to close the following I I I I / described publ ic road: Being a section of Forty-Eight Street located between Wrightsvil Ie Avenue and Park Avenue extending a distance bf 236 feet. Being the same section of said road as shown in Winter Park Gardens Subdivision and recorded in Map Book 14, Page 44. NOW, THEREFORE, BE IT RESOLVED, that this Board is considering closing said road to publ ic use, a~d that a publ ic hearing on this questio~ wil I be held on the 15'.1::1... day of j)~ , 1984, at 9:fJ() o'clock in the Assembly Room of the County Administration Building, 320 Chestnu~ Street, Wi Imington, North Carolina, at which time the Board will hear all interested citizens and make a final determination as to whether the unopened road shall be closed. ~,.' The foregoing resolution was adopted by the New Hanover County Board of Commissioners on the /74 day of ~A.lA)' 1984. ~-4< ~ t. )h-ttlh'~' CHAIRMAN, NEW HANOVER COUNTY COMMISSIONERS