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Home My WebLink About1982-12-06 RM Exhibits A;'tM~ ~/'~j''P3.;25 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Carolina, at a regular meeting held on December 6, 1982, in accordance with law, and that such resolution has not been repealed, revoked or amended, but is in full force and effect on the date hereof.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. 2 ...- ,.<! " ~ 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 " 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 '. Exhibi t A " .... : ..::t '~;;' i;;llili~' -, . 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 \ 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. " , 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 - 2 - , " . . ..... ...~ ~:~~ 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. / WITNESS my hand and the seal of the Authority this 0 day of +~) , 1982. ~ - ~ .... r' /" ,~ "-i- C'. x-u-_~ '--.j Secretary- TreiJ.su ~, .. I" " ( - 3 - I" " " A ': "v. rf~ AJr)/I'~~ 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. (!(J~/2~ - 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 ~ {;U A. .zx-;?~. :J~ 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. \ - 1/1' ~ '), ~ /I~jl~{~/'!.---c (, L../J) U~(i{;/ '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 ~~~ ~, PyJ.&/V Clerk of Superior Court ~ iJd Pc. IEI fJ7.;t s- " E . 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. 4_ t. /~ Cha'rman, Board of Commissioners of New Hanover County ~~OP~~, meeting 19 8:J.- Acf//Jj count~ .,t......',', ~..t.' "'1 .......~..\OVER C "" ..... ,{' 0 '.. .... ...1\ ........ v"" .... ~ ..- -0.,1, .... '4' .' '\ . ':A. ~ ~ ~ · '" ..' t!i..-l.-J.:~"~.,,..,.j ". -,!.. -:. : : r-\~~. ~,,~::.;j~ ... ;. ~ . /"l;\~~-' ':~;~'V ~. - . l' \.:4i~~~J?) · } .,. . U,~P0I;T~.C:,'ORrs. C' ~ -.. li~i,;\J:;j;n'i ... .....:- , .I.'. ."~ .. ...... V.o ........ \.~ " '... h)", 0' \' ," I, " I I, C ~ n 'v,, '; :-, i'\ ,~~ '\ '\ "'I ,\\\\ "unll"'" ATTEST: f)t &d ,~ --4L.J Yf, c7 ~ ;1 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 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 P 1-2 P 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. I<!- 41hL- f.. .~ 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 \ amended as follows: " 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 : . ..\ B - -2 I - 1 A I Hotels/Motels P P P 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