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2010-07-16 SM Exhibits FAIR Book 2=1 11 pap t S NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION LEVYING AN ADDITIONAL ONE-QUARTER PERCENT(.25%) COUNTY SALES AND USE TAX WHEREAS,the General Assembly has authorized county boards of commissioners across the State of North Carolina to levy a one-quarter percent(.25%)county sales and use tax under the Current Operations and Capital Improvements Appropriations Act of 2007, contingent on an advisory referendum in which the majority of those casting ballots voted for the levy of the tax; and WHEREAS, the New Hanover County Board of Commissioners directed the Board of Elections to conduct an advisory referendum on the 4a`day of May, 2010 on the question of whether to levy the One-Quarter Percent(.25%) County Sales and Use Tax in New Hanover County; and WHEREAS, the ballots were cast 13,392 FOR and 12,424 AGAINST the levy of the One-Quarter Percent (.25%) County Sales and Use Tax; and WHEREAS, the New Hanover County Board of Elections has completed the certificate of canvass for the return of the advisory referendum;and WHEREAS, the pending protest has been dismissed by New Hanover County Board of Elections and the State Board of Elections,and the time for any new protests has expired;and WHEREAS,the Board has provided the required 10-day public notice of the Board's intent to consider this resolution to levy the tax;and WHEREAS,the New Hanover County Board of Commissioners hereby finds that the levy of the One-Quarter Percent(.25%) County Sales and Use Tax is necessary to help address and alleviate fiscal constraints within New Hanover County. NOW,THEREFORE,BE IT RESOLVED,by the New Hanover County Board of Commissioners that: (1) There is hereby levied within New Hanover County the additional One-Quarter Percent(.25%) County Sales and Use Tax,authorized in Article 46,Chapter 105 of the General Statutes of North Carolina. (2) Collection of the tax by the North Carolina Secretary of Revenue shall begin on and continue after the ls`day of October 2010. (3) The net proceeds of the tax levied herein shall be distributed by the Secretary of Revenue to New Hanover County in accordance with Article 39 Chapter 105 of the North Carolina General Statutes. Notwithstanding the provisions of Article 39 of Chapter 105, the additional One-Quarter Percent (.25%) County Sales and Use Tax does not apply to the sales price of those items that are exempt from tax pursuant to N.C.G.S. 105-164-13B. The Secretary shall not divide the amount allocated to a county between New Hanover County and the municipalities within New Hanover County. (4) This Resolution is effective upon its adoption, and a certified copy hereof shall be forwarded to Secretary,North Carolina Department of Revenue, P.O. Box#25000,Raleigh North Carolina 27640, along with a certified copy of the New Hanover County Board of Election results from the advisory referendum. ADOPTED this the 16`h day of July,2010. YAEST: O NO Go ti R�� �� _ o son,Chairman O y� Y Teresa P.Elmore,Deputy Clerk to the Board I,S7i1Hl 15x1 E. CERTIFICATE OF CANVASS OF THE NEW HANOVER COUNTY BOARD OF ELECTIONS FOR THE SPECIAL ELECTION IN THE COUNTY OF NEW HANOVER ON THE 4"DAY OF MAY,2010 WE,the undersigned Chairman and Members of the New Hanover County Board of Elections, DO HEREBY CERTIFY that we met on July 16, 2010 at the hour of 8:00 o'clock, A.M., in the Lucie Harrell Conference Room in the New Hanover County Government Center in Wilmington,North Carolina,to canvass the returns of the special referendum held in the County of New Hanover on May 4, 2010, and that the result of such canvass is as follows: 1. The total number of voters who voted"FOR"in answer to the proposition, "Local Sale and Use Tax at the rate of one-quarter percent(.25%) in addition to all other State and Local sales and use tax,"was 13,392. The total number of voters who voted"AGAINST"in answer to such question was 12,424. 2. All persons voting at said election were required to use ballots setting forth the question to be voted upon in the form prescribed by the Board of Commissioners of the County i of New Hanover. �I 3. Only the persons who had been duly registered were permitted to vote at said i election. 4. The polls for said election were opened at the polling places for the election, on May 4, 2010, at the hour of 6:30 o'clock,A.M., and were closed at the hour of 7:30 o'clock, P.M. on that day. i 'I IN WITNESS WHEREOF,we have set our hands for the purpose of certifying the result I of the bond election held for the County of New Hanover on May 4, 2010 to the Board of Commissioners of the County of New Hanover,this 16th day of July, 2010. Tomm . Guinn, Chairman New Hanover County Board of Elections Alice D. Cumberworth, Secretary New Hanover County Board of Elections Geneva B. Reid, Member New Hanover County Board of Elections New Hanover County,North Carolina I certify that the following person(s)personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Tommy L. Guinn, Alice D. Cumberworth, and Geneva B. Reid. Date: July 16, 2010 ` Bonnie Talbert Williams,Notary Public My commission expires: October 1, 2010 i 2