1978-12-04 RM Exhibitsf . v ~ .II ~ /
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STATE OF IvTORTH CAROLINA
COUNTY OF NEti~! HANOVE.pt
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OATH OF COUNTY COMI'~IISSIOIVER
I , r_ .1 a~ 0! ~~ ~ ~ g , ~Tr . , do solemnly swear ( or
affirm) that I will support the Constitution of the United
States; so help me, God.
I, C:1aud (~' Shei lds. ~Tr. , do further solemnly and
sincerely swear (or affirm) that I gill 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'Sheilds. Jr. , do further swear (or affirm)
that I will well and truly execute the duties of the office of
the County Commissioner according to the best of my skill and
ability, according to law; to help me, God.
1
(SEAL)
Subscribed and sworn to before me this the
~ day of December, 1978.
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANO~IER
OATH OF COUNTY COMT~IISSIONE.R
I, Howard L. Armistead. Jr.
do solemnly swear (or
affirm) that I will support the Constitution of the United
States; so help me, God.
I, ~i~ward _ A miS Pa ~7r_ , 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, ,Howard L. Armistead. Jr. , do further swear (or affirm)
that I will well and truly execute the duties of the office of
the 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
~ d~ of December, 97g.
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AN ORDINANCE OF THE COUNTY OF NEW
HANOVER AMENDING THE ZONING ORDINANCE
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED OCTOBER 6, 1969
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN
Section 1 That Article II, Section 23 and Article V, Section 54-2 of the
Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended,
be, and the same is hereby amended as follows
A Amend Article II, Section 23 by adding the following new definition
23-56 Health Spas - A commercial enterprise, private club, or business
established for the purpose of providing an indoor facility for
physical exercise with the use of athletic equipment and accessory
services The term health spa includes private exercise clubs,
figure salons, or health clubs If applicable, such establishments
shall be subject to the New Hanover County Ordinance Regulating the
Business of Massage and Massage Parlors
B Amend Article V, Section 54-2 by adding the following new permitted use
(18) Health Spas
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 T ~- day of ! ~ ~--~ ~ ;,. ,~ .~,,~ 1978
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Chairman and Commissioner
Commissioner
Commis s ioner
Commissioner
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Commissioner '~
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE SUBDIVISION REGULATIONS
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED OCTOBER 18, 1965
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN
Section 1 That the Subdivision Regulations of the County of New Hanover adopted
October 18, 1965, as amended, be, and the same is hereby further amended as follows
Amend the Appendices/Certificates by removing the following existing Certificate
CERTIFICATE OF APPROVAL OF WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS
I, hereby, certify that the water supply and the sewage disposal systems
installed or proposed for installation in
Subdivision are approved by this department
Date
Signature
And by substituting the following new Certificate in lieu thereof
CERTIFICATE OF APPROVAL OF WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS
I, hereby, certify that the type of water supply and sewage disposal system
installed or proposed in Subdivision are approved
by this department The installation of individual, on-site sewage disposal
system proposed for this subdivision may or may not be approved subject to
lot by lot soil evaluation, subject to New Hanover County Health Department
Sewage Disposal Regulations The individual, on-site water supply system
proposed for this subdivision must be constructed according to New Hanover
County Health Department private water supply ordinances
Date
Signature
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.
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Adopted this +-h- Day of ~ l ;~ >,_.,...f.r .~ 1978
Chairman and Commissioner
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Comrr(is s Toner ,~
Commissioner ~ 4
Commissioner `~
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Commission/e1/r f`'~
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AN ORDINANCE OF l`i-IE COUNTY OF NEW HANOVER
AMENDING THE SUBDIVISION REGULATIONS
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED OCTOBER 18, 1965
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN
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Section 1 That the Subdivision Regulations of the County of New Hanover adopted
October 18, 1965, as amended, be, and the same is hereby further amended as follows
Amend Article V Section 3 Paragraph 3 1 by removing the words "right-of-way"
in the sixth line and substituting the word "pavement" in lieu thereof
Section 2 Any ordinance or any part of any ordinance in conflict with this ordi-
Hance, 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 '7~ day of I ~~--~-zr2 C<-~-~ -'1 1978
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Chairman and Commissioner
Commissioner
Commissioner ___'
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C~ommissiofier ""
Commissioner
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RESOLUTION
OF
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
BE IT RESOLVED by the New Hanover County Board of
Commissioners that the Ordinance Prohibiting Loud, Disturb-
ing and Unnecessary Noise in New Hanover County, effective
November 1, 1978, be and the same hereby is amended as
follows:
Subsection (f) and the ensuing paragraphs are
changed to read as follows.
(f) Loud-speakers and amplifiers on vehicles.
The use of any mechanical loud-speakers or amplifiers on
trucks, airplanes or other vehicles for advertising, politi-
cal or other purposes except during weekdays other than
Sunday between the hours of 8:00 a.m. and 8 00 p m.
The complaints of two (2) or more persons, at
least one of whom resides in a different home from the other
complaining person or persons, or the complaint of one or
more persons, when combined with the complaint of the
investigating officer made to the New Hanover County Sherif_f's
Department concerning the emission of any sound, shall be
prima facie evidence that such sound is a loud, disturbing
and unnecessary noise.
Any sound which serves neither a public nor emer-
gency purpose, nor is incidental to any activity which
serves a public or emergency purpose, emitted from private
property or any public street, alley, sidewalk or public
right-of-way which, when combined with the ambient noise,
exceeds a sound level of seventy-five (75) decibels re
0.0002 microbars on the "A" weighing scale as measured by,
and recorded from an approved sound level meter shall be
conclusively presumed to be a loud, disturbing and unneces-
sary noise provided that
1. Between the hours of 10 00 p.m and 7 00
a.m the above sound level shall be decreased to 70 decibels.
2. Noises which are normally incident to
home maintenance or construction or other necessary construc-
tion, renovation or land clearing such as the operation of
a ri
lawn mowers, chain saws and other similar devices and equip-
ment are exempt from the terms of this ordinance except
between the hours of 10:00 p.m. and 7 00 a.m.
3. All aircraft operations at the New
Hanover County Airport are exempt from this ordinance.
4. If the ambient noise level exceeds
seventy-five (75) decibels re 0 0002 microbars on the "A"
weighing scale then such presumption shall apply only when
such sound exceeds the ambient noise level by three (3)
decibels.
5. The ambient noise levels shall be meas-
ured immediately after cessation of any sound which, when
combined with the ambient noise, exceeds seventy-five (75)
decibels re 0.0002 microbars on the "A" weighing scale It
shall be unlawful for any person to refuse to cease making
any sound when ordered to do so by any law enfocement officer
for the purposes of measuring the ambient noise level.
Definitions.
(l) "A" weighing scale (as defined in Standard
1.4, of the Standard Specifications for Sound Level Meters,
American National Standards Institute, 1971) One of three
(3) frequency response networks included in sound level
meters. The "A" scale is designed to give an approximate
evaluation of subjective response in terms of both loudness
and annoyance.
(2) Ambient noise Ambient noise is the all-
encompassing noise associated with a given environment,
being usually a composite of sounds from any sources, near
and far .
(3) Decibel. A unit of level used
sound intensity, equal the logarithm of the
intensity of the sound reference pressure.
to measure
ratio of the
(4) Microbar. A unit of pressure equal to one
dyne per square centimeter.
(5) Sound level meter An instrument which
includes a microphone, an amplifier, an output meter, and
frequency weighing networks for the measurement of noise and
sound level in a specific manner
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Any person who shall violate the provisions of
this ordinance shall be guilty of a misdemeanor punishable
by a fine of not more than $50.00 or imprisonment for not
more than 30 days, in the discretion of the Court, as pro-
vided by Section 14-4 of the General Statutes of North
Carolina.
This ordinance shall be effective within the cor-
porate limits and extraterritorial jurisdiction of any
municipality within New Hanover County which shall so agree
by appropriate resolution.
.This amendment to said ordinance shall take effect
on the ~-~~ day o f 1~P r ~,, ;.~. ,~ 19~.
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R E S O L U T I O N
WHEREAS the North Carolina Securities Act empowers County
Commissioners of the County in which a corporation's principal office
is located to approve by resolution the offer or sale of the corporation's
stock, and
WHEREAS said resolution of approval does not endorse or rec-
commend the purchase of such stock by any person, firm or corporation,
nor does it express any opinion as to the value of such stock or the
validity of the issuance thereof, and
WHEREAS Pleasure Island Pier, Inc has been recently in-
corporated under Chapter 55 of the North Carolina General Statutes, and
WHEREAS said corporation has been formed primarily by a
number of persons who own property and businesses at Carolina Beach, and
WHEREAS said corporation has been formed for th.e primary
purpose of promoting community development in the areas of Carolina
Beach by building a new fishing pier at the South end of the Boardwalk
on the site of the old Fisherman's Steel Pier, and
WHEREAS said fishing pier will serve as a tourist attraction
and will tend to promote business generally in the Town of Carolina
Beach and in New Hanover County, and
WHEREAS said corporation plans to offer for sale its stock
to the general public in order to create a broad base of interest in
both the new pier and the Town of Carolina Beach, and
WHEREAS no commission or other remuneration is to be paid or
given directly or indirectly for soliciting any prospective buyer of
said corporate stock in this State, and
WHEREAS the County Commissioners of New Hanover County have
been duly requested to approve the offer or sale of the stock of
Pleasure Island Pier, Inc pursuant to the North Carolina Securities
Act, G S 78A-17(13)
NOW, THEREFORE, be it hereby resolved that
(1) The Board of Commissioners of the County of New
Hanover does hereby approve the offer or sale of the stock of Pleasure
Island Pier, Inc pursuant to the North Carolina Securities Act,
G S 78A-17(13), for the purpose of promoting coummuntiy development,
and
(2) Said Board does not endorse or recommend the purchase
of. such stock by any person, firm or corporation, nor does i~ express
any opinion as to the value of such stock or the validity of the is-
suance thereof
This the day of November, 1978
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COUNTY COMMISSIONER - CHAIRMAN
C~~C~L2t-% G ~,~C~~i
COUNTY COMMISSIONER
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U IESIONER ~,,''
COUNTY COMMISSIONER
COUNTY COMMISSIONER
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FINAL ASSESSMENT RESOLUTION FOR PAVING
WHEREAS, at least seventy-five percent of owners of
property to be assessed, and who represent at least seventy-
five percent of all of the lineal feet of frontage of the
lands abutting on the streets or portions thereof to be
improved (to wit a section of Lexington Avenue and Wesley
Avenue in the Hillsdale and Dixon Subdivisions) have petitioned
New Hanover County to finance the local share of the costs of
improvements to be made under the supervision of the North
Carolina Department of Transportation and,
WHEREAS, the Division Engineer, North Carolina Department
of Transportation, Wilmington, North Carolina, has advised.
that funds are available for the State's participation in this
improvement and they will begin work upon receipt of funds
from New Hanover County, and,
WHEREAS, a preliminary assessment resolution has been
adopted by this Board and a public hearing thereon duly held;
Now, THEREFORE, BE IT RESOLVED by the Board of Commissioners
of New Hanover County, North Carolina
1 That the above petitions have been found to be
sufficient in all respects
2 That part of Lexington Avenue (SR 1800) between
Pine Clay Road (SR 1803) and Charter Drive (SR 1478)
and that part of Wesley Avenue (SR 1478) between Charter
Drive and Hillsdale Avenue which are presently sand-
clay surfaced roads shall be paved by the North Carolina
Department of Transportation
3 That the proportion of the costs of the improvements to be
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assessed is approximately 25~ but as determined by the
North Carolina Department of Transportation, such costs will
not exceed $2 00 per linear foot of property owned which abuts
Lexington Avenue and $1 00 per linear foot of property owned
which abuts Wesley Avenue
4 That it is the intent of the Board of Commissioners to finance
the local share of the cost of improvements
5 That the assessments herein provided for shall be payable in
cash or if any property owner shall so elect and give notice
to that fact to the New Hanover County Board of Commissioners
in accordance with Chapter 153A, Article 9, of the General
Statutes of North Carolina, he shall have the option and
privilege of paying the assessment in five equal annual
installments, said installments to bear interest at the rate
of 8~ per annum
~ ~`' 1978
This the x ~ day of ~ ..Jt ,. ,.,., b ~ ,' ,
Ch rman and Commissioner
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Commi Toner
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Commissioner
Commissioner , ',~
Commissioner