1984-09-17 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'
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MEMORANDUM
FROM:
t
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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
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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, ~
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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
~ ,..-- --'~"-"""-::'..:...;~.=::.:::.:.:...::.,.:. .:-.,;..~.~-~-~.....--.;.:.....~..._~.._..,~_..~~:..~~~-;':::-;'
. "'.". .... -
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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 \
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..... h...~OV t::R Co "';
.... .'l.r Y. ....
..'" ~' 00040000. V.A~',
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ATTis ~ E
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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.~.._.... _ ... ,. ,....., _.. .
-,~
.
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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"""-
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moar~ of Qlommtss toners
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N em ){anlluer O!lluntU
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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)
,
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the 17th day of September, 1984.
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" cie F. Smith
Clerk to the Board
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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
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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/}.
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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.
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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
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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
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Title
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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
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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-
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...,
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
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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- ~/~
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Title
-2-
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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