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1978-12-04 RM Exhibitsf . v ~ .II ~ / f y „J,f (~~7C-r STATE OF IvTORTH CAROLINA COUNTY OF NEti~! HANOVE.pt ~ ! p ~. ~l 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. ~f .,- ~ ~d"ge Supei2or~ourt " ~ ~ /~ /~ / , i / ~ ' - ~' 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. %'`/,, ~ ~~~'' / ` ~ ~ SEAL .. ~ ~ ~~ ( ) Subscribed and sworn to before me this the ~ d~ of December, 97g. Z /,d'ge';_ Supe~Yo ~f;~'ou~t ~` / I ~ ~ ~`-~ J 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 ~~ Chairman and Commissioner Commissioner Commis s ioner Commissioner .`1"fir ;~ _7 /- 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. ~. Adopted this +-h- Day of ~ l ;~ >,_.,...f.r .~ 1978 Chairman and Commissioner ~~~ ~ ~ ~, Comrr(is s Toner ,~ Commissioner ~ 4 Commissioner `~ f Commission/e1/r f`'~ .• , 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 r 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 ~~ ~ _ Chairman and Commissioner Commissioner Commissioner ___' ,., C~ommissiofier "" Commissioner .~ ~; ~ ~~ .. ~ A 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 to to -2- r. w i 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~. -3- a ' ~~~~ ~ ~ ~ 4 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 ~ic.G[ti~~.-~-~'L COUNTY COMMISSIONER - CHAIRMAN C~~C~L2t-% G ~,~C~~i COUNTY COMMISSIONER ~- ~,/" U IESIONER ~,,'' COUNTY COMMISSIONER COUNTY COMMISSIONER -2- ,~ 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 R 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 ~: _ . Commi Toner i Commissioner Commissioner , ',~ Commissioner