1982-12-06 RM Exhibits
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CONCURRING RESOLUTION
OF THE
BOARD OF COUNTY COMMISSIONERS
OF
NEW HANOVER COUNTY, NORTH CAROLINA
~'lHEREAS, STEWART SANDWICHES, INC., a Virginia corpora-
tion,
(the "Company") has heretofore held discussions with
representatives of the City of Norfolk, Virginia (the "City") and
the Industrial Development Authority of the City of Norfolk,
Virginia (the "l\uthority") with respect to a micro-computer
system (the "Equipment"), based in the City; and
WHEREAS, the Company has requested the Authority to
agree to use its best efforts to issue its Industrial Development
Revenue Eonds in such amounts as may be necessary to finance the
cost of acqulrlng, constructing and equiping the Equipment; ano
WHEREAS, the Authority is empowered under the Virginia
Industrial Development and Revenue Bond Act, Title 15.1, Chapter
33 of the Code of Virginia of 1950, as amended, (the "Act"), to
engage in such activities; and
WHEREAS, it appears that the Authority has duly adopted
a Resolution of Intent on ~'1ay 27, 1982 (thE.! "Resolution of
Intent"), a copy of which lS attached hereto as Exhibit A; and
WHEREAS, the Company has requested the Board of County
Commissioners of New Hanover County, North Carolina, to concur In
the Authority's adoption of the Resolution of Intent.
BE IT RESOLVED by the Board of County Commissioners of
New Hanover County, North Carolina:
(1) In accordance with Section 15.1-1378 of the Code
of Virginia of 1950, the Board of County Commissioners of New
Hanover County, north Carolina, hereby concurs with the
Resolution of Intent adopted by the Authority on May 27, 1982.
(2) The Authority is hereby authorized to locate In
New Hanover County, North Carolina, a micro-computer terminal
valued at approximately Ten Thousand Dollars ($10,000.00) and to
be financed through the lssuance of Industrial Development
Revenue Bonds by the Authority.
The undersigned Clerk of the Board of County
Commissioners of New nanover County, North Carolina, hereby
certifies that the foregoing is a true, correct and complete
copy of a resolution ado9ted by the Board of County Commissioners
of New Hanover County, ::;orth Carolina, at a regular meeting held
on December 6, 1982, in accordance with law, and that such
resolution has not been repealed, revoked or amended, but is in
full force and effect on the date hereof.
WITNESS my hand and the seal of New Hanover County,
North Carolina, this
day of December, 1982.
(SEAL)
Clerk
Board of County Commissioners
New Hanover County, K.C.
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RESOLUTION OF INTENT
WHEREAS, Stewart Sandwiches, Inc. (the "Company") has hereto-
fore held discussions with representatives of the City of Norfolk (the
"City") and the Industrial Development Authority of the City of
Norfolk (the "Authority") with respect to a microcomputer system (the
"Equipment"), based in the City; and
WHEREAS, the Company has requested the Authority to agree to
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use its best efforts to issue its.industrial development revenue bonds
in such amounts as may be necessary to finance the cost of acquiring,
constructing ~~d equipping the Equipment; and
WHEREAS, the Authority is empowered under the Virginia
Industrial Development and Revenue Bond Act, Title l5.1t Chapter 33 of
the Code of Virginia of 1950, as amended (the "Act"), to engage in
such activities.
BE IT RESOLVED BY THE AUTHORITY:
1. It is hereby found and determined that the acquisition
cf the Equipment by the COillpar.y will be or b~f1ef.it ~o ~hE jn:'abita.nts
of the City and the entire area and will be consistent with the pur-
poses of the Act.
2. To induce the Company to acquire the Equipment, the
Authority hereby agrees to use its best efforts to assist the Company
;r. every reasonable way to finance the acquisition, construction and
installation of the Equipment and, in particulart to undertake the
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issuance of its revenue bonds therefor in an amount not to exceed
$370,000.00 upon terms and conditions to be mutually agreed upon bet-
ween the Authority and the Company.
3. It having been represented to the Authority that it is
necessary to proceed with the acquiring, constructing and installing
of the Equipment, the Authority hereby agrees that the Company may
proceed with plans for the acquiring, construction and installing of
the Equipment, enter into contracts and advance monies for the
acquiring, construction Jnd installing of the Equipment and take such
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other steps as it may deem appropf1ate in connection therewith, pro-
vided that nothing herein shall be deemed to authorize the Company to
obligate the Authority, without its consent in each instance, to the
payment of'any monies or the performance of any acts in connection
with the Equipment. The Authority agrees that any monies advanced by
the Company in accordance with this paragraph may be reimbursed out of
,
the proceeds of the Bonds subject to approval by bond counsel.
4. All costs and expenses in connection with the financing
and the acquiring, construction and installing of the Equipment may
and/or shall be paid from the proceeds of the Bonds. If for any
reason such bonds are not issued, it is understood that all such
expenses sha 11 be paid by the Company and that the Authority she. 11
have no responsibility therefor.
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5. It is the intention of the Authority that interest upon
the Conds to be issued hereunder will be exempt from taxation by the
Corrmonl\'ealth of Virginia and under the Internal Revenue Code of 1954
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as amended, and regulations thereunder, and that the Authority will
receive an administrativ~ fee for issuing and carrying the Bonds
equivalent to 1/8 of 1% per annum calculated on the outstanding
balance of the Bonds from time to time during the term thereof.
The undersigned Secretary-Treasurer of the Authority hereby
certifies that the foregoing is a true, correct and complete copy of a
resolution adopted by the Authority.s Board of Directors present and
voting at a meeting duly called and held on May 27, 1982, in accor-
dance with law, and that such resolution has not been repealed,
\ revoked) rescinded or amended but.is in full force and effect on the
date hereof.
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WITNESS my hand and the seal of the Authority this 0 day
of +~)
, 1982.
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'--.j Secretary- TreiJ.su
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
OATH OF COUNTY COMMISSIONER
I,
CLAUD O'SHIELDS, JR.
, do solemnly swear (or
affirm) that I will support the Constitution of the United States;
so help me, God.
I,
CLAUD O'SHIELDS, JR.
, do further solemnly
and sincerely swear (or affirm) that I will be faithful and bear
true allegiance to the State of North Carolina, and to the
Constitutional powers and authorities which are or may be established
for the government thereof; and that I will endeavor to support,
maintain and defend the Constitution of said State, not inconsistent
with the Constitution of the United States, to the best of my
knowledge and ability; so help me, God.
I,
CLAUD O'SHIELDS, JR.
, do further swear (or
affirm) that I will well and truly execute the duties of the office
of County Commissioner according to the best ,of my skill and ability,
according to law; so help me, God.
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- Subscribed and sworn to before me this
,
the&.~ day_o'f December, 1982
~~ ~. ~JuJ
-ClLerk of Superior Court
A TRUE: COpy
CLERK Of SUPERiOR COllRT
NEW HANOVER COUNTY
BY ~~ ~"~~~
~ty. CI!~k Superior ourt
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
OATH OF COUNTY COMMISSIONER
I,
NOLAN O'NEAL
, do solemnly swear (or
affirm) that I will support the Constitution of the United States;
so help me, God.
I,
NOLAN O'NEAL
, do further solemnly and
sincerely swear (or affirm) that I will be faithful and bear true
allegiance to the State of North Carolina, and to the constitutional
powers and authorities which are or may be established for the
government thereof; and that I will endeavor to support, maintain
and defend the Constitution of said State, not inconsistent with
the Constitution of the United States, to the best of my knowledge
andabilitYi so help me, God.
I,
NOLAN O'NEAL
, do further swear (or
affirm) that'I will well and truly execute the duties of the
office of County Commissioner according to the best of my skill
and abilitYi according to law; so help me, God.
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'Subscribed and sworn to before me this
the ~,~
day, of December, 1982
A o~U[E C(Q)PV
CLERK OF SUPERiOR COURT
NEW HANOVER COUNTY
B~ov,,,""1S'. ~~
As~a.!1t;-O~puly; C12~k Su~rior 'Court
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Clerk of Superior Court
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RESOLUTION RESCINDING ACCEPT /\NeE OF AN tJ'E'FER
TO PURCHASE SURPLUS REAL PROPERTY
wtiEREAS, the Board of Commissioners of New Hanover County approved
acceptance of an offer from J. V. Morris and wife, HilJred B. Morris, to
purchase surplus real property for $2,000 on November 3, 1980; and
IlliEREAS, it has been determined that at the time this offer was
accepted by the Board of Commissioners of New Hanover County the policy
and procedure for processing such offers was deemed to be non-conforming
with NCGS 160A-269: and
wtlEREAS, acceptance of this offer was never approved by the City
Council of the City of Wilmington; and
h~REAS, it is in the best interest of the public to rescind acceptance
or this offer to purchase to insure compliance with NCGS 160A-269 and a
revised policy and procedure statement adopted by the Board of Commissioners
of New Hanover County on June 21, 1982.
NOIJ THEREFORE BE IT RESOLVED:
1. That acceptance of the offer to purchase property
identified as Tax Map Number 6001-06005-009-003.000
made by J. V. Morris and wife, Mildred B. Morris, for
the amount of $2,000 be arld the same is hereby
rescinded.
2. That the geod faith deposit of $200 tendered by or
on behalf of J. V. Morris and wife, Mildred B~ Morris,
be returned in full without interest.
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Cha'rman, Board of Commissioners
of New Hanover County
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meeting
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ATTEST:
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AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE
OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969
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THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. That the Zoning Ordinance of the County of New Hanover
adopted October 6, 1969, as amended be and the same is hereby further
amended as follows:
'1. Amend Article V, Section 50-2 to allow Membership Sports
and Recreation Clubs in 1-1 and 1-2 Industrial Districts
to read as follows:
Membership Sports and
Recreation Clubs
1-1
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1-2
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Section 2. Any ordinance or 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 iP day of ~~
, 1982.
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Chairman, New Hanover County Commissioners
N t;t~f ~~,~ Pa' ~(;
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE
OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. That the Zoning Ordinance of the County of New Hanover
adopted October 6, 1969, as amended be and the same is hereby further
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amended as follows:
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1. Amend Article V, Section 50-2 to delete Hotels/Motels
as a permitted use in B-1 Business Districts to read
as fo 11 ows :
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B - -2 I - 1 A I
Hotels/Motels
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Section 2. Any ordinance or 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 b day of DJ.f//}"YlUA./
, 1982.
.J(/UtjAL. C, ;!J~,~
Chairman, New Hanover County Commissioners