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1983-07-11 RM Exhibits ~t -~ tf ~ ~ Z;fJor ~3~ .. '\ RESOLUTION OPPOSING THE ABANDONMENT OF THE RAIL LINE BETWEEN WILMINGTON AND NEW BERN BY SEABOARD SYSTEM RAILROAD, INC. WHEREAS, rail lines are an important component of southeastern North Carolina's total transportation system, and WHEREAS, adequate rail facilities are vital to the economic well-being of southeastern North Carolina, and WHEREAS, the availability of adequate rail facilities is an important consideration in the industrial site selection process, and WHEREAS, the provision of an adequate rail line between Wilmington and Jacksonville is critical to ensure the efficient transport of cargo between the Wilmington Terminal of the State Ports Authority and the Camp Lejeune Marine Corps Base, and WHEREAS, the Seaboard System Railroad, Inc. has issued a Notice of Intent to abandon 89.17 miles of railroad in New Hanover, Pender, Onslow, Jones and Craven Counties, North Carolina, extendinq from railroad Milepost ACB-249.5 near Coastal. North Carolina, to Milepost ACB-330.17 at New Bern, North Carolina and from Milepost ACD-294.8 at Jacksonville, North Carolina, to Milepost A.CD-303.3 at Camp Lejeune,. North Carolina. Now therefore be it RESOLVED THAT the Board of Commissioners of New Hanover County does hereby oppose the abandonment of the rail line between Wilmington and New Bern by Seaboard System Railroad, Inc.; and be it further RESOLVED THAT the Board of Commissioners of New Hanover County does hereby authorize the Chairperson of New Hanover County to file a written protest to the proposed abandonment of the rail line between Wilmington and New Bern by Seaboard System Railroad, Inc. ti" ...;.. .tl".;I,~~ #~.::.~o V fll"',q~#() .~ '(. Co :>.. _ ~~..'O ~ ....00.....00.."0 Ov ~'" l ~ 00" ltoo '1-- '\ 1I 0" .~ ~ ~ : I " , : , goo : ~ .. : J :. 0 0 Adopt' a\ : *.. meeting ,1.d 0- on' 1M lf, ,3. ....... 0" ~ (') '" O..p 00.00......00 ~'r '#IIQ./11 CAttO\.~Y ".O'."""OQO'l "R....... ~ t. ,d4~' CHAI PERSON ATTEST: ':j. -/~ ' /~~ \7. COU~Y CLERK - .' 7i#:l~/~. 3L NEW HANOVER COUNTY LAR RY J. POWE LL Tax Administrator OFFICE OF THE TAX ADMINISTRATOR 320 CHESTNUT STREET WILMINGTON, NORTH CAROLINA 28401-4090 Telephone (919) 763-0991 ", NEW HANOVER COUNTY TAX COLLECTIONS Collections thru June 30, 1983 1982 1981 Charged Per Scroll Discoveries Added $ 17,199,745.99 2..1....851,251.92 $ 20,050,997.91 69,042.26 $ 19,981,955.65 -19,385,374.53 $ 596,581. 12 97.01% $ 16,411,131. 85 2,758,068.63 $ 19,169,200.48 104,094.58 $ 19,065,105.90 -18,510,636.90 $ 554,469.00 97.09% Less Abatements Total Taxes Due Collections to Date Outstanding Balance Percentage Collected Back .Taxes Real Estate Taxes Less Abatements Collections to Date Outstanding Balance Percentage Collected $ 579,115.02 $ 475,767.69 1,233.58 2,910.89 281,570.41 229,678.21 $ 296,311.03 $ . 243,178.59 48.72% 48.57% $ 767,006.68 $ 637,438.18 26,496.27 26,926.99 96,305,38 96,001. 91 $ 644,205.03 $ 514,509.28 13.01% 15.72% Personal Property Taxes Less Abatements Collections to Date Outstanding Balance Percentage Collected Total money processed through Collection Office for New Hanover County, City of Wilmington, Wrightsville Beach, Carolina Beach and Kure Beach to date - $28,529,579.16. This report is for fiscal year beginning July 1, 1982. Respectfully submitted, '])cdY\~ >4 (2~i1(('v Patricia J. kiynor Collector of Revenue PJR:sw -....... ......... ........ MEMBER I INTERNATIONAL ASSOCIATION OF ASSESSING OFFICERS IJ~ " -\ 11 ~ k1~ ,00.3 Z- ... MEMORANDUM TO: Mr. G. Felix Cooper County Manager ~ Larry J. Powe . Assistant to ~x Administrator FROM: SUBJECT: Abatements and Refunds DATE: July 5, 1983 Request the following taxes be released as the taxpayers reported incorrect or incomplete information at the time of listing: 1. Blake, Peggy 2. Confederate Gun Shop 3. Grathwol, William Hawley 4. Harrington, Gerald Danning 5. Heidt, Janet Ann 6. Housing Authority 7. Jones, Ocie James 8. Tindall, Wanda Fay 9. Webb, R. K. 10. Wright, John Laurens Jr. $ 27.11 (Refund) 475.85 31.08 206.07 80.14 8,497.71 10.41 2.00 6,210.00 57.47 Request the following taxes be released as they are double-charged: 1. Hudgens, Margaret B. 2. Kelly, Lois W. Everette M. 3. Yarborough, Janie Williams $ 90.34 18.31 (1980 & 1981) 33.35 Request the following taxes be released as the property is not located within city or town limits: 1. Huffine, David E. $ 55.04 (1981) Request the following taxes be released as these charges are due to clerical errors of mispricing vehicles: 1. Jones, James E. $ 6.24 Request taxes in the amount of $53.40 for the years 1980 through 1982 charged to the Oleander Company be refunded as this is exempt property owned by the City of Wilmington. ",. I ~ '" \ 1 Mr. G. Felix Cooper Page 2 July 5, 1983 Request these items be placed on the consent agenda for the County Commissioners' meeting of July 11, 1983. I recommend approval of these abatements as the Commissioners have approved these types of releases in the past. ., :sw Copy: Mrs. Lucie Smith Clerk to the Board Mr. Robert Pope County Attorney Mr. Harry Brooks Listing Supervisor Mrs. Pat Raynor Collector of Revenue ~iJ.d ~~)f~.3.3 - First Union Leasing Group First Union Plaza CORP-g. Charlotte. NC 28288 ~.":1 704/374-4900 ~ Ju 1 y 11, 1983 Mr. Andrew J. Atkinson Finance Director New Hanover County 320 Chestnut Street, Room 512 Wilmington, North Carolina 28401 Dear Andy: It is a pleasure to inform you that we offer to enter into a lease/purchase transaction with you under the terms of the Equipment Lease/Purchase Agreement dated as of May 18, 1983, between First Union National Bank as Lessor, and New Hanover County, North Carolina, as Lessee, and upon the following additional terms and conditions: EQUIPMENT: Boiler and Stoker Equipment, Cranes, and other recovery facility equipment to be delivered in calander 1983 and the first quarter of 1984. LOCATION: Solid Waste Recovery Facility, Highway 421, Wilmington, North Carolina. COST OF EQUIPMENT: Approximately $4,000,000.00. TERM OF LEASE: Sixty (60) months from date of scheduling. INTERIM FINANCING AND RENT:- Alternative A: The cost of the equipment ($4,000,000) will be deposited in an Escrow account and equipment progress payments will be paid by the Trustee to the vendor/builder during the construction period. The Trustee shall deposit monies in instruments of deposit co-terminus with the progress payment dates and will, with such deposits, attempt to create a postive spread of interest between Lessor's rate and the investment rate. Trustee shall provide, on a monthly basis, a printout reflecting all earnings and disbursements on said funds. At the end of the construction period the Escrow Fund will be liquidated and all positive earnings will be applied to reduce the equipment cost. The net figure will be amortized over a sixty (60) month term schedule FIRST UNION LEASING GROUP: First Union National Bank/First Union Commercial Corporation with monthly payments based on a factor of .020557 or a rate of 8.9%. Alternative B: Through an Interim Rental Agreement, Lessor shall make progress payments to the builder/vendor according to an equipment progress schedule determined by both Lessor and Lessee. Interest will be calculated on each advance based on a rate of interest l.9% over the Soloman Brothers five (5) year Municipal Bond Index and total interest due Lessor will be paid by Lessee quarterly. Once the construction period is complete and the Lessee accepts all equipment, the net capatilized cost will be amortized on a sixty (60) month schedule at a rate of interest fixed at 1.9% over the five (5) year index as stated at the time of scheduling. The above alternatives are not offered as a choice but rather as a statement of fact to state that if Alternative A does not, in Lessor's sole discretion prove feasible because of legal constraints, then Alternative B will apply. INSURANCE PROCEDURES: Asset forth in the attached Exhibit A. EXPIRATION DATE OF THIS COMMITMENT: September 30, 1984. We may terminate our obligations under this letter agreement upon the expiration date if the equipment has not been accepted by you and the necessary schedule or schedules have not been executed. At such time, you shall be liable to purchase from us such equipment as we have purchased, or have become obligated to purchase. It is understood that we are not bound by the oral or written statement of any employee or agent of ours, and. that our obligations are contained only in this letter or any amendment to it in writing, signed by our authorized officer. I If you agree to enter into a leasing transaction on the terms set forth in this letter, in the Equipment Lease/Purchase Agreement and in the schedules, please indicate your acceptance by delivering the following to us within fifteen (15) days from the date of this letter: l. The enclosed.original of this letter executed by you; 2. The original and one copy of the enclosed Equipment Lease/Purchase Agreement executed by you; . 3. The enclosed Incumbency Certificate; 4. The Attorney's Opinion prepared on his stationary; 5. A certified copy of the Board Resolution; 6. A letter from you describing the essential use of the equipment; 7. The enclosed UCC financing statements; 8. A copy of the Maintenance Agreement; and -2- . c 9. A Commitment Deposit equal to one percent (l%) of the cost the equipment. This deposit will be applied to the Lease Schedule when the equipment is accepted. If Lessee decides not to fund some of the equipment under this commitment, the pro-rata portion of the deposit effected will be retained by First Union National Bank as fee. If Alternative A in the Interim Financing and Rent paragraph is used then the Lease deposit will be deposited in the Escrow Fund along with the cost of the equipment and will be applied to the Lease Schedule when the Escrow Fund is liquidated. By your acceptance hereof, you agree that this letter becomes a part of the Equipment Lease/Purchase Agreement referenced above. Please be assured that we shall be certain that you receive the best and most efficient leasing service. Sincerely, FIRST UNION NATIONAL BANK ~~ Ray F. Smith Assistant Vice President RFS/ld We hereby agree to enter the equipment leasing transaction described above on the terms and conditions set forth above and agree that the foregoing letter shall be a part of the Equipment Lease/Purchase Agreement referred to in such letter. DATED: Jyly 14, 1983 ...3- . . , .... INSURANCE PROCEDURE The leased equipment is to be covered by insurance in form and amount and with a company or companies approved by us. Evidence of such insurance is to be furnished to us. A signed copy of the policy and any endorsements are required. First Union National Bank is to be named as Loss Payee on a properly executed long form Lender1s Loss Payable Endorsement attached to the policy. An endorsement shall also be attached to the policy naming First Union National Bank as Additional Insured. Please supply us with evidence of the coverage or coverages marked below: X PHYSICAL DAMAGE - Coverage against all risks of direct physical loss or damage for the actual cost to us of the equipment described in the attached letter agreement. Notwithstanding any exclusion in your insurance coverage, you shall be liable for loss or damage of the equipment from every cause whatsoever as set forth in the Lease. COLLISION - Coverage for damage or loss to the equipment as a result of collision in the amount of $ deductible. x LIABILITY - Coverage shall be at least $ 250,000.00 $ 500,000.00 for Bodily Injury and $ 100,000.00 Property Damage. / for X BOILER INSURANCE - Coverage on a Broad Form Boiler Policy shall be at lea~t $ at cost All polici~s of insurance must provide for thifty (30) days notice of cancellation to First Unibn National Bank. The policy furnished to us must carry such an endorsement. The l~ased equipment must also be covered by the coverage o~ coverag~s marked above duririg shipment to and prior to installation in your plant. Evidence of the foregoing coverage shall be enclosed by you with the return of the executed copy of the Commitment Letter. -4- ~~~$J~"33 " RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY DATE: REGULAR j.GlENDA ~I/fj~ , J.; 9 "1 1lTEM No. WHEREAS, the Board of Commissioners has determined that retirement benefits can be efficiently provided to County employees through the use of annuity contracts: and WHEREAS, the North Carolina General Assembly has authorized such a procedure by Chapter 550 of the 1983 Session Laws: NOW, THEREFORE, BE IT RESOLVED, that the Retirement System of New Hanover County, North Carolina, which was estab- lished by Chapter 669 of the Session Laws of 1943, be terminated effective June 30, 1983; RESOLVED, that the full accrued benefit of any active member and the payments being made to retired members or their beneficiaries be provided through the purchase of non- transferable annuity contracts: RESOLVED, that any such annuity contracts shall be purchased from an insurance company licensed to do business in North Carolina: and RESOLVED, that if, following satisfaction of all liabilities to members, retired members, and their beneficiaries through the purchase of nontransferable annuity contracts, there are any assets remaining attributable to deviations in actuarial computations, such remaining assets shall revert to New Hanover ~ County, and the Plan shall be deemed to be terminated and of no effect thereafter. ADOPTED, this i1th day of July, 1983. o (SEAL) Karen E. Gottovi, Chairman Board of County Commissioners Attest: Clerk 2 ~id::t ~y;: I (Ja-o 33q) AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE SUBDIVISION REGULATIONS OF NEW HANOVER COUNTY ADOPTED FEBRUARY 17, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDIAN: Section I. The Subdivision Regulations of the County of New Hanover adopted February 17, 1969, as amended be, and the same is hereby further amended as follows: Amend Article III, Plat Preparation and Approval Procedure, Section 3.1 Preliminary Plat to read as follows: 3.1 The subdivider shall submit one (1) sepia print of the preliminary plat and ten (10) additional copies to the New Hanover County Planning Department at least fifteen (15) working days prior to the Planning Board meeting at which the subdivider desires to have the plat reviewed... Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted this II~ day of ify , 1983. O'b.~b':t4 ---.,lUtl4D0l10c. h',r ~r;.,~OV~fg .A . ~~ o.,eo"'"ooo II',,~ 00 0 .'.(/ .;f(.. ,pO ('j . ~t: '" \ " \ AI_ 00., 'b -(% "'", ". ~~4r 000@90000 ~o~11 eA vOO~aoooooood ~~e. ~ CHAIRMAN AND COMMISSIONER