2017-06-19 RM ExhibitsExhibit XL 33 •
Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMATION
PURPLE HEART DAY
AUGUST 7, 2017 +
WHEREAS, in August 1782, George Washington, the Commander in Chief of the
Continental Army, established the "Badge of Merit" which was the forerunner of the
Medal of Honor and inspired the modern Purple Heart; and
WHEREAS, the Purple Heart is awarded to those who have been wounded or killed while
serving the United States against opposing armed forces; and
WHEREAS, since its inception and through several wars and conflicts, the Purple Heart
has been given to more than a million soldiers wounded or killed while serving our nation;
and
WHEREAS, the mission of the Military Order of the Purple Heart is to foster an
environment of goodwill and camaraderie among combat wounded veterans, promote
patriotism, support necessary legislative initiatives, and most importantly, provide service
to ALL veterans and their families; and
WHEREAS, the Purple Heart Foundation works to salute our truest and most dedicated
heroes.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that Saturday, August 7, 2017 be recognized as "Purple Heart Day" in
New Hanover County and that all citizens are urged to participate in observance of this
day.
ADOPTED this the 19`h day of June, 2017.
to
!
Exhibit XL page 33.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION AUTHORIZING THE REPAIR, RESTORATION AND
REBINDING OF REGISTER OF DEEDS RECORDS AND MAPS
WHEREAS, North Carolina General Statute 132 -7 provides that the Board of County
Commissioners of any county may authorize that any county records in need of repair, restoration
or rebinding be removed from the building or office in which such records are ordinarily kept, for
the length of time required to repair, restore, or rebind them; and
WHEREAS, New Hanover County Deed Books F, FFF, BBBB, 56, 57, 59, 64, 66, 68, 72, 73, 91,
98, 103, 104, 121, 143, 150, 184, 200, 201, and 208 are in desperate and dire need of repair,
restoration and encapsulation due to years of constant handling and use; and
WHEREAS, it is our obligation to maintain and preserve the historical documents contained in
the New Hanover County Registry to ensure for future generations that the people will have access
to historical documents in their original condition; and
WHEREAS, New Hanover County has entered into a contract with Kofile Preservation to
deacidify, mend, and encapsulate New Hanover County Deed Books F, FFF, BBBB, 56, 57, 59,
64, 66, 68, 72, 73, 91, 98, 103, 104, 121, 143, 150, 184, 200, 201, and 208.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners does hereby authorize and sanction Tammy T. Beasley, New Hanover County
Register of Deeds, to remove New Hanover County Deed Books F, FFF, BBBB, 56, 57, 59, 64,
66, 68, 72, 73, 91, 98, 103, 104, 121, 143, 150, 184, 200, 201, and 208 from the New Hanover
County Registry for the purposes of repair, restoration and encapsulation by Kofile Preservation.
ADOPTED this the 19`h day of June, 20' IF
111"'LQS�VL 9. ()
K berleigh G owell, Clerk to the Board
Exhibit
Book Page 2�.3
SETTLEMENT AGREEMENT AND RELEASE
KNOW ALL MEN BY THESE PRESENTS that I, the undersigned, MICHAEL
DILWORTH (hereinafter referred to as "Releasor "), for and in consideration of the sum of
THIRTY FIVE THOUSAND DOLLARS NO /100 DOLLARS ($35,000.00) in cash, which is paid
on this day, by Travelers Insurance Company on behalf of the Office of the New Hanover County
Sheriff, the receipt and sufficiency of which is hereby acknowledged, do hereby release and
discharge and by these presents do for myself, my heirs, executors, administrators, and assigns,
release, acquit and forever discharge L. CHRIS ROBINSON, ROBERT JOHNSON, BENJAMIN
COOKSON, MARTIN ADAMS, ANGUS GRANT TROTT, ALTON R. FALES, JR., SHERIFF
ED McMAHON, NEW HANOVER COUNTY and their employees, officers, agents, heirs,
executors, administrators, legal representatives, insurers, successors and assigns, and each of them
respectively (hereinafter referred to individually and severally as "Releasees "), from any and all
liability now accrued or hereafter to accrue on account of any and all claims, demands, and causes
of action presently existing, whether known or unknown, asserted or unasserted, which the
undersigned now has or may hereafter have against the aforesaid Releasees, and any and all claims
for compensation or benefits, damages, attorney's fees or other sums allegedly due thereunder and,
by virtue of these presents, do hereby fully release and forever discharge each of them from any and
all actions and causes of action, including, but not limited to, claims, actions, cause and causes of
action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants,
contracts, controversies, agreements, variances, trespasses, damages, judgments, executions,
medical/hospital expenses, demands, costs, loss of services, loss of earnings and earning potential,
loss of consortium, expenses, attorneys' fees, compensation and all consequential damages,
damages for emotional distress, or punitive damages, for any and all claims arising out of his
incarceration at the New Hanover County Detention Center including, but not limited to, those
claims raised in the case currently pending in the United States District Court for the Eastern
District of North Carolina, Western Division, bearing File No. 5:13 -CT- 3291 -D.
REPRESENTATIONS
And for consideration aforesaid, MICHAEL DILWORTH by executing this General
Release and Hold Harmless Agreement do hereby represent, covenant and agree as follows:
1. CONSIDERATION: That I hereby expressly state that the consideration referred to above
is in full payment for this General Release. There is no understanding or agreement of any kind for
any further or future consideration whatsoever, either implied and/or expected.
2. VOLUNTARY EXECUTION: That I have not been influenced or coerced in any manner
or to any extent to execute this General Release by any representations or statements of the
Releasees regarding any matters, and I have voluntarily executed same.
1
3. ADVICE OF COUNSEL: That I have had the opportunity to retain counsel to represent
me; and that I fully understand the terms of this General Release; and that I am making full and
final settlement of all claims of every nature and character against the persons, entities, agents or
estates hereby released.
4. FINAL SETTLEMENT: That I do voluntarily accept the aforesaid sums for the purpose
of making a full and final compromise, adjustment and settlement of all my claims against the
parties or entities hereby released, past, present and future, and including any and all claims upon
my death, by my beneficiaries, spouse, dependents, heirs, children, estate and legal representatives,
and all other persons, and that I fiuther acknowledge my understanding that, upon the execution of
this document, I discharge any and all claims on my behalf.
5. FULL UNDERSTANDING: I hereby declare that I am eighteen (18) years of age or over
and that I suffer from no legal disabilities or mental/physical disabilities which would disable me
from executing this General Release. I further state that I have not taken any drug or medication
prior to the execution of this Release which would prevent me from understanding the terms herein.
6. CAREFUL READING: I have carefully read the foregoing General Release and know
and understand the contents thereof and I execute the same as my own free act. This General
Release has been fully explained to me by my attorney.
7. SPECIFIC REPRESENTATION AS TO LIENS: I represent and declare that there are
not any undisclosed outstanding liens, claims subrogation/trust agreement, recorded or unrecorded,
or medical/hospital /workers compensation /social security /government claims or liens (county, state,
or federal) or other related bills or invoices as a result of this incident for which the Releasees are or
could be responsible/liable therefore, and further represent that any lien/claim has been previously
paid and/or satisfied, or I (the undersigned) represent that all amounts owed to lienholders from the
sums paid hereunder will be paid to said lienholders from the settlement proceeds. I agree to
indemnify and hold harmless the Releasees for the payment of said liens, and specifically agree to
pay attorney's fees and costs of the Releasees for the defense of any action whatsoever against the
Releasees by any medical provider or other person(s) or entities concerning any outstanding or
future bills, medical or otherwise, arising from the above referenced lawsuit.
8. DISMISSAL WITH PREJUDICE: They have caused their claims in the action
hereinabove referred against Releasees to be dismissed with prejudice by proper order of Court,
each party to bear their own costs and attorney's fees, and same is intended to be dismissed with
prejudice by Plaintiff, which will prohibit the undersigned or our assigns, or successors in interest,
or any other person or entity from ever holding the Releasees liable or responsible.
9. ORIGINALS: This General Release may be signed in one or more counterparts, each of
which, when executed with the same formality and in the same manner as the original, shall
constitute an original.
2
10. NO ADMISSION OF LIABILITY: I understand that this settlement is a compromise of
a doubtful and disputed claim, and that payment is not to be construed as an admission of liability
or fault on the part of the persons, firms, organizations, or entities hereby released, by whom
liability is expressly denied.
This General Release contains the ENTIRE AGREEMENT between the parties hereto, and
the terms of this General Release are contractual and not a mere recital.
WITNESS MY HAND AND SEAL this the 31 ST day of March, 2017.
MICHAEL DILWORTH
SEALED A DELIVERED in the presence of
WITNESS L
ADDRESS
3
(SEAL)
STATE OF NORTH CAROLINA
COUNTY OF (
I HEREBY CERTIFY that on this day personally appeared before me, an officer duly
authorized to administer oaths and take acknowledgments, in the State and County aforesaid,
MICHAEL DILWORTH to me well known to be the person described in and who executed the
foregoing GENERAL RELEASE, and he acknowledged before me and the witness whose signature
appears hereinabove that he read and fully understands its contents; that by this instrument
MICHAEL DILWORTH thereby releases all claims against the Releasees and has agreed to hold
harmless and indemnify said Releasees (as set forth hereinabove) and thereupon the said
MICHAEL DILWORTH duly executed this instrument in my presence as his free act and deed,
and for the sole consideration therein expressed.
WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at
County, /J C, on this 3 L day of Nara 2017.
My Commission expires:
MER V ER04U ssd=\00000044\00077859.000.DOCX
4
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Exhibit
Book Page 33°1� 3,
AGENDA: June 19, 2017
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2017 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending
June 30, 2017.
Section 1: Details of Budget Amendment
Strategic Focus Area: Strong Financial Performance
Strategic Objective(s): Control costs and manage to the budget
Fund: General
Department: Various
Expenditure:
Decrease
Increase
tal
BA 17 -082 Wells Faro Championship
$ 372,00372,000
$ 49,197
BA 17 -082 General Government
$ 609,700
$ 322,803
609,700
BA 17 -082 Human Services
$ -
$ 389,59389,590
PU$::--:372
BA 17 -082 Public Safety
$ 226,14226,140
BA 17 -082 Culture and Recreation
$ 6,030
6,030
Total
$ 615,730
$ 987,73,000
Revenue:
Decrease
Increase
Total
BA 17 -082 Wells Faro Championship
$ 49,197
$ 49,197
BA 17 -082 Office of Building Safety Revenue
$ 322,803
322,803
Total
$ -
$ 372,00011S
372,000
Prior to Actions Total if Actions
Todav Taken
General Fund Budget $ 295,627,3615 $ 295 999 05
Section 2: Explanation
BA 17 -082 At adoption, salary lag, a negative salary adjustment of $2.5 million, is budgeted in the General
Government function of the General Fund to account for the fact that not all positions are filled for the
entire fiscal year. However, during the fiscal year, actual vacancies occur throughout the organization and
across functions. Similarly, merit pay is also budgeted in General Government function since the amount
of the pool is known but individual employee performance is not known before the budget adoption. Staff
monitors salary and benefits during the fiscal year. This budget amendment is moving funds that have
already been budgeted across the divisions and functions to account for these changes.
In addition, BA 17 -082 also budgets $372,000 of expenditures associated with the 2017 Wells Fargo
Championship. These expenditures are offset by $49,197 of net revenue from Champions for Education for
contracted law enforcement and fire services personnel and equipment related to the 2017 Wells Fargo
Championship and $322,803 of additional charges for services revenue from the Office of Building Safety
that is expected this fiscal year above what was originally budgeted due to increased building activity. The
additional revenue will be used to fund the balance of the expenditures associated with the Wells Fargo
Championship.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment(s) 17 -082 amending the annual budget
ordinance for the fiscal year ending June 30, 2017, is adopted.
Adopted, this 19th day of June, 2017.
(SEAL)
Al 1 Jl:
�'9' 0 0
` �.
K erleigh G. Cdro ell, Clerk to the Board
Exh B olk It L3
Page
AGENDA: June 19, 2017
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2017 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year
ending June 30, 2017.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund: Controlled Substance Tax
Department: Sheriffs Office
Ex enditure:
Decrease
Increase
Total
BA 17 -084 Supplies
$ 1,176
$ 1,176
BA 17 -084 Training & Travel
$ 6,500
$ 6,500
Total
$
1 $ 7,67-6-11$
7,676
Revenue:
Decrease
Increase
Total
BA 17 -084 Controlled Substance Tax
$ 7,657
$ 7,657
BA 17 -084 Interest Earnings
$ 19
$ 19
Total
$ -
$ 7,676
$ 7,676
Prior to Actions Total if Actions
Today Taken
Controlled Substance Tax Fund 1 $ 103,873 $ 111,549
Section 2: Explanation
BA 17 -084 budgets Controlled Substance Tax receipts of 5/17/17 and interest earnings for April 2017.
Funds will go into supplies, and training and travel for future expenses.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment(s) 17 -084 amending the annual
budget ordinance for the fiscal year ending June 30, 2017, is adopted.
n
Adopted, this l 9th day of June, 2017.
(SEAL)
Woody White, Chairl�jan
AT EST: 11
Ky erleigh G. Cp6 ell, Clerk to the Board
Exhibit
Book 1 L _ Page 33, Z/e2
AGENDA: June l9, 2017
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2017 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year
ending June 30, 2017.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund: Federal Forfeited Property
Department: Sheriff's Office
Ex enditure:
Decrease
Increase
Total
BA 17 -085 Transfer to Capital Pro'. -CSI Bldg
$ 209925
$ 20,925
BA 17 -085 Interest Earnings
$ 20
$ 20
Total
$ --A$
20,925
$ 20,925
Revenue:
Decrease
Increase
Total
BA 17 -085 Federal Forfeited Property
$ 20,905
$ 20,905
BA 17 -085 Interest Earnings
$ 20
$ 20
Total
$ IT
'20,92511
$ 20,925
Prior to Actions Total if Actions
Todav Taken
Federal Forfeited Property Fund $ 211,449 $ 232.374
Section 2: Explanation
BA 17 -085 budgets Federal Forfeited Property receipts of 5/22/17 and 5/25/17, and interest earnings for
March and April 2017. Funds will transfer to the CSI Capital Project Fund for the Crime Scene
Investigation Building.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment(s) 17 -085 amending the annual
budget ordinance for the fiscal year ending June 30, 2017, is adopted.
Adopted, this 19th day of June, 2017.
(SEAL)
Exhibit '(
Book Page 3. U
AGENDA: June 19, 2017
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2017 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year
ending June 30, 2017.
Section l: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth / Economic Development
Strategic Objective(s): Attract / retain new and expanding businesses
Enhance / add recreational, cultural and enrichment amenities
Fund: Room Occupancy Tax
Department: Finance
Ex enditure:
Decrease
Increase
Total
BA 17 -087 Economic & Physical Development
$ 425,194
$ 425,194
Total
$ -
$ 425,19411$
425,194
Revenue:
Decrease
Increase
Total
BA 17 -087 Room Occupancy Tax
$ 425,194
$ 425,194
Total
IS
425,19411$
425,194
Prior to Actions Total if Actions
Todav Taken
Departmental Budget $ 6,179,665 $ 6 604 859
Section 2: Explanation
BA 17 -087 The County distributes a portion of its Room Occupancy Tax, based on where the Room
Occupancy Tax is collected and as dictated by General Statute, to the County's Tourism Development
Authority. Due to the overall increases seen in the Room Occupancy Tax collections, the County expects
to distribute more to the Tourism Development Authority than originally budgeted. The Room
Occupancy Tax and the distribution to the Tourism Development Authority are being increased by
$425,194 to cover this anticipated increase in expenditure.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment(s) 17 -087 amending the annual
budget ordinance for the fiscal year ending June 30, 2017, is adopted.
Adopted, this 19th day of June, 2017
(SEAL
Uju,Q-f
Woody White, C irm
AT EST:
in 0 JA
�.
Ky erleigh G. Cro e 1, Clerk to the Board
Exhibit 2�
Book page lJ_
AGENDA: June 19, 2017
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2017 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year
ending June 30, 2017.
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth / Economic Development
Strategic Objective(s): Build / maintain infrastructure
Fund: Capital Improvement Project Fund
Expenditure:
Decrease
Increase
Total
17 -088 HVAC Replacement
$ 213,290
$ 213,290
17 -088 Judicial Roof Repair
$ 32,540
$ 32,540
17 -088 Future CIP Projects
$ 180,750
$ 180,750
Total
$ 213,290
$ 213,290
$ -
Section 2: Explanation
17 -088 - The Judicial Building's roof is in need of repairs due to the age of the roof. The County has
received a quote for $32,540 for the roof repairs to be completed. The repairs are expected to extend the
life of the roof another 5 to 7 years. The NE and Main Library HVAC capital improvement projects are
complete. The HVAC projects were completed with a savings of $213,290. This budget amendment will
use $32,540 of the HVAC project savings for the Judicial roof repairs and set aside $180,750 for future
capital improvement project needs.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment(s) 17 -088 amending the annual
budget ordinance for the fiscal year ending June 30, 2017, is adopted.
Adopted, this 19th day of June, 2017.
(SEAI
Woody White,
ATTEST: r
Ky erleigh G. Cro e , Clerk to the Board
Exhibit
Book Page e J 4-�F
��
AGENDA: June 19, 2017
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2017 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending
June 30, 2017.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Provide health / wellness education, programs, and services
Fund: General
Department: Health
Ex enditure:
Decrease
Increase
Total
BA 17 -089 Mobile Dental Unit
S 5,000
S 5,000
BA 17 -089 Good Shepherd Homeless Shelter
$ 3,000
S 3,000
BA 17 -089 Child Health
S 2,000
S 2,000
Total
$ -
$ 10,000
$ 10,000
Revenue:
Decrease
Increase
Total
BA 17 -089 Mobile Dental Unit
$ 5,000
S 5,000
BA 17 -089 Good Shepherd Homeless Shelter
$ 3,000
S 3,000
BA 17 -089 Child Health
S 2,000
S 2,000
Total
$ -
$ 10,00011S
10,000
Prior to Actions Total if Actions
Todav Taken
Departmental Budget IS 13 630 940 $ 13,640 940
Section 2: Explanation
BA 17 -089 budgets $10,000 received from The Ministering Circle of Wilmington to enhance several Health
Department programs. The Ministering Circle of Wilmington is a local nonprofit organization whose
mission is to provide medical and scholarship assistance to local community organizations. The Health
Department was contacted by The Ministering Circle and asked to identify what programs could use
funding. There were three that the Health Department identified. $5,000 will go to the Mobile Dental Unit
to be used for medical referrals, medication and supplies for underinsured and uninsured children. $3,000
will go to the Good Shepherd Homeless Shelter to be used for medical referrals, medication and supplies for
underinsured and uninsured patients. Child Health will receive $2,000 to be used for training kits, supplies
and educational materials. These items are used by the Child Care Nurse focusing on high risk infants and
children attending day care. Trainings are provided to day care providers on proper hand washing
techniques, diapering techniques, medication administration and communicable diseases. No County match
is required.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County,
North Carolina, that the Ordinance for Budget Amendment(s) 17 -089 amending the annual budget
ordinance for the fiscal year ending June 30, 2017, is adopted.
Adopted, this 19th day of June, 2017.
(SEAL)
L01)
Woody White,
AT ES",
/`
G. QfoIvell, Clerk to the Board
Exhibit 2212 Cl
Book L Page s
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER,
NORTH CAROLINA PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $38,000,000 COUNTY OF
NEW HANOVER, NORTH CAROLINA GENERAL OBLIGATION SCHOOL BONDS, SERIES 2017
WHEREAS, the Bond Order hereinafter - described has been adopted, and it is desirable to make
provision for the issuance of the Bonds authorized by said Bond Order;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New
Hanover, North Carolina (the "Board") as follows:
Section 1. For purposes of this Resolution, the following words will have the meanings
ascribed to them below:
"Bond Order" means the Bond Order authorizing $160,000,000 General Obligation School
Bonds, adopted by the Board on August 11, 2014, effective when approved by the voters of the County at
a referendum duly called and held on November 4, 2014.
"Federal Securities " means (a) direct obligations of the United States of America for the timely
payment of which the full faith and credit of the United States of America is pledged; (b) obligations
issued by any agency controlled or supervised by and acting as an instrumentality of the United States of
America, the timely payment of the principal of and interest on which is fully guaranteed as full faith and
credit obligations of the United States of America (including any securities described in (a) or (b) issued
or held in the name of the Trustee in book -entry form on the books of the Department of Treasury of the
United States of America), which obligations, in either case, are held in the name of a trustee and are not
subject to redemption or purchase prior to maturity at the option of anyone other than the holder; (c) any
bonds or other obligations of the State of North Carolina or of any agency, instrumentality or local
governmental unit of the State of North Carolina which are (i) not callable prior to maturity or (ii) as to
which irrevocable instructions have been given to the trustee or escrow agent with respect to such bonds
or other obligations by the obligor to give due notice of redemption and to call such bonds for redemption
on the date or dates specified, and which are rated by Moody's, if the 2017 Bonds are rated by Moody's,
S &P, if the 2017 Bonds are rated by S &P and Fitch Ratings, if the 2017 Bonds are rated by Fitch Ratings,
within the highest rating category and which are secured as to principal, redemption premium, if any, and
interest by a fund consisting only of cash or bonds or other obligations of the character described in clause
(a) or (b) hereof which fund may be applied only to the payment of such principal of and interest and
redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or
the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; or (d)
direct evidences of ownership of proportionate interests in future interest and principal payments on
specified obligations described in (a) held by a bank or trust company as custodian, under which the
owner of the investment is the real party in interest and has the right to proceed directly and individually
against the obligor on the underlying obligations described in (a), and which underlying obligations are
not available to satisfy any claim of the custodian or any person claiming through the custodian or to
whom the custodian may be obligated.
"Fitch Ratings " means Fitch Inc., a corporation organized and existing under the laws of the
State of Delaware, its successors and their assigns, and, if such corporation for any reason no longer
performs the functions of a securities rating agency, "Fitch Ratings" will refer to any other nationally
recognized securities rating agency other than Moody's and S &P designated by the County.
" Moody's " means Moody's Investors Service, a corporation organized and existing under the
laws of the State of Delaware, its successors and their assigns and, if such corporation for any reason no
longer performs the functions of a securities rating agency, " Moody's " will be deemed to refer to any
other nationally recognized rating agency other than S &P and Fitch Ratings designated by the County.
"Pricing Certificate " means the certificate of the County Chief Financial Officer delivered in
connection with the issuance of the 2017 Bonds which establishes the final maturity amounts, the interest
payment dates and the provisions for redemption.
"Projects " means constructing, improving, and renovating school facilities, specifically
including, among other things, the construction and renovation of classroom facilities and district -wide
improvements for safety, security, technology and building infrastructure, the acquisition and installation
of furnishings and equipment, and the acquisition of land or rights —in —land required therefor, pursuant to
and in accordance with the Bond Order.
"S&P" means S &P Global Ratings, a division of Standard & Poor's Financial Services LLC, its
successors and their assigns and, if such corporation for any reason no longer performs the functions of a
securities rating agency, "S&P " will be deemed to refer to any other nationally recognized rating agency
other than Moody's and Fitch Ratings designed by the County.
"2017 Bonds" means the County's General Obligation School Bonds, Series 2017 authorized
under the Bond Order.
Section 2. The County shall issue not to exceed $38,000,000 in total aggregate principal
amount of its 2017 Bonds.
Section 3. The 2017 Bonds shall be dated their date of issuance and pay interest
semiannually on February 1 and August 1, beginning August 1, 2018, unless the County Chief Financial
Officer establishes different dates in her Pricing Certificate. The 2017 Bonds are being issued to provide
funds (1) to finance the capital costs of the Projects pursuant to and in accordance with the Bond Order
and (2) to pay the costs of issuing the 2017 Bonds.
Section 4. The Board has ascertained and hereby determines that the average period of
usefulness of the capital projects being financed by the proceeds of the 2017 Bonds is not less than 25
years computed from the date of issuance of the 2017 Bonds.
Section 5. Unless changed by the County Chief Financial Officer in her Pricing Certificate,
the 2017 Bonds are payable in annual installments on February 1 in each year as provided in the Pricing
Certificate.
Section 6. The 2017 Bonds are to be numbered from "R -1" consecutively and upward. All
2017 Bonds shall bear interest from their date at a rate or rates which shall be hereafter determined on the
sale thereof computed on the basis of a 360 -day year, constituting twelve 30-day months.
Section 7. The 2017 Bonds are to be registered as to principal and interest, and the County
Chief Financial Officer is directed to maintain the registration records with respect thereto. The 2017
Bonds shall bear the original or facsimile signatures of the County Manager or the Chairman of the Board
and the Clerk to the Board of the County. An original or facsimile of the seal of the County is to be
imprinted on each of the 2017 Bonds.
2
Section 8. The 2017 Bonds will initially be issued by means of a book -entry system with no
physical distribution of bond certificates made to the public. One bond certificate for each maturity will
be issued to The Depository Trust Company, New York, New York ("DTC"), and immobilized in its
custody. A book -entry system will be employed, evidencing ownership of the 2017 Bonds in principal
amounts of $5,000 or integral multiples thereof, with transfers of beneficial ownership effected on the
records of DTC and its participants pursuant to rules and procedures established by DTC. Interest on the
2017 Bonds will be payable to DTC or its nominee as registered owner of the 2017 Bonds in immediately
available funds. The principal of and interest on the 2017 Bonds will be payable to owners of 2017
Bonds shown on the records of DTC at the close of business on the 15th day of the month preceding an
interest payment date or a bond payment date. The County will not be responsible or liable for
maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting
through such participants.
If (a) DTC determines not to continue to act as securities depository for the 2017 Bonds or (b) the
County Chief Financial Officer determines that the continuation of the book -entry system of evidence and
transfer of ownership of the 2017 Bonds would adversely affect the interests of the beneficial owners of
the 2017 Bonds, the County will discontinue the book -entry system with DTC in accordance with the
rules and procedures of DTC. If the County fails to identify another qualified securities depository to
replace DTC, the County will authenticate and deliver replacement bonds in accordance with the rules
and procedures of DTC.
Section 9. Unless changed by the County Chief Financial Officer in her Pricing Certificate,
the 2017 Bonds maturing on or before February 1, 2027 will not be subject to redemption prior to
maturity. The 2017 Bonds maturing on and after February 1, 2028 will be subject to redemption prior to
maturity, at the option of the County, from any moneys that may be made available for such purpose,
either in whole or in part on any date on or after February 1, 2027, at the redemption price of the principal
amount of 2017 Bonds to be so redeemed, plus accrued interest to the redemption date.
If less than all of the 2017 Bonds are called for redemption, the County shall select the maturity
or maturities of the 2017 Bonds to be redeemed in such manner as the County in its discretion may
determine and DTC and its participants shall determine which of the 2017 Bonds within a maturity are to
be redeemed in accordance with its rules and procedures; provided, however, that the portion of any 2017
Bond to be redeemed shall be in principal amount of $5,000 or integral multiples thereof and that, in
selecting 2017 Bonds for redemption, each 2017 Bond shall be considered as representing that number of
2017 Bonds which is obtained by dividing the principal amount of such 2017 Bond by $5,000. Whenever
the County elects to redeem 2017 Bonds, notice of such redemption of 2017 Bonds, stating the
redemption date, redemption price and any conditions to the redemption and identifying the 2017 Bonds
or portions thereof to be redeemed by reference to their numbers and further stating that on such
redemption date there shall become due and payable on each 2017 Bond or portion thereof so to be
redeemed, the principal thereof, and interest accrued to the redemption date and that from and after such
date interest thereon shall cease to accrue, shall be given not less than 30 days nor more than 60 days
before the redemption date in writing to DTC or its nominee as the registered owner of the 2017 Bonds,
by prepaid certified or registered United States mail (or by such other means as permitted by DTC's rules
and procedures), at the address provided to the County by DTC, but any failure or defect in respect of
such mailing will not affect the validity of the redemption. If DTC is not the registered owner of the 2017
Bonds, the County will give notice at the time set forth above by prepaid first class United States mail, to
the then - registered owners of the 2017 Bonds or portions thereof to be redeemed at the last address shown
on the registration books kept by the County. The County will also mail or transmit by facsimile or in
electronic format a copy of the notice of redemption within the time set forth above (1) to the Local
Government Commission of North Carolina (the "Local Government Commission") and (2) to the
Municipal Rulemaking Securities Board through the EMMA system.
3
If at the time of mailing of the notice of redemption there is not on deposit money sufficient to
redeem the 2017 Bonds called for redemption, such notice may state that it is conditional on the deposit
of money for the redemption on the date of redemption as set forth in the notice. Any notice, once given,
may be withdrawn by notice delivered in the same manner as the notice of redemption was given.
Section 10. The 2017 Bonds and the provisions for the registration of the 2017 Bonds and for
the approval of the 2017 Bonds by the Secretary of the Local Government Commission are to be in
substantially the form set forth in Exhibit A hereto, the terms of which may be changed by the County
Chief Financial Officer's Pricing Certificate.
Section 11. The County Chief Financial Officer is hereby authorized to execute a non-
arbitrage certificate with respect to the 2017 Bonds in order to comply with Section 148 of the Code and
the applicable Income Tax Regulations thereunder.
Section 12. The County Chief Financial Officer is hereby directed to create and establish a
special fund to be designated "County of New Hanover, North Carolina General Obligation School
Bonds, Series 2017 Project Fund" (the "Project Fund") and may establish separate accounts within the
Project Fund to track the expenditures related to each of the Projects. The County Chief Financial Officer
shall deposit the proceeds from the sale of the 2017 Bonds in the Project Fund. The County Chief
Financial Officer shall invest and reinvest any moneys held in the Project Fund as permitted by the laws
of the State of North Carolina and the income, to the extent permitted by the Code, is to be retained in the
Project Fund and applied with the proceeds of the 2017 Bonds to pay the costs of the Projects, as directed
by the County Chief Financial Officer. The County Chief Financial Officer shall keep and maintain
adequate records pertaining to the Project Fund and all disbursements therefrom so as to satisfy the
requirements of the laws of the State of North Carolina and to assure that the County maintains its
covenants with respect to the exclusion of the interest on the 2017 Bonds from gross income for purposes
of federal income taxation.
Section 13. Actions taken by officials of the County to select paying and transfer agents, and
a bond registrar, or alternate or successor agents and registrars pursuant to Section 159E -8 of the
Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, are hereby
authorized and approved.
Section 14. The Local Government Commission is hereby requested to sell the 2017 Bonds
through a competitive sale to the bidder whose bid results in the lowest interest cost to the County,
determined on the basis of the net interest cost method.
Section 15. The Chairman of the Board, the County Manager, the Clerk to the Board and the
County Chief Financial Officer, individually and collectively, are hereby authorized and directed to cause
the 2017 Bonds to be prepared and, when they shall have been duly sold by the Local Government
Commission, to execute the 2017 Bonds and to turn the 2017 Bonds over to the registrar and transfer
agent of the County, if any, for delivery through the facilities of DTC to the purchaser or purchasers to
whom they may be sold by the Local Government Commission.
Section 16. The form and content of the Notice of Sale and the Preliminary Official
Statement together with the final Official Statement related to the 2017 Bonds are in all respects
authorized, approved and confirmed, and the Chairman of the Board, the County Manager, the Clerk to
the Board and the County Chief Financial Officer, individually and collectively, are authorized,
empowered and directed to execute and deliver the Official Statement in substantially the form and
content presented to the Board, but with such changes, modifications, additions or deletions therein as
4
shall to the Chairman of the Board, the County Manager, the Clerk to the Board and the County Chief
Financial Officer seem necessary, desirable or appropriate, their execution thereof to constitute conclusive
evidence of the approval of the Board of any and all changes, modifications, additions or deletions therein
from the form and content of the Official Statement presented to the Board.
Section 17. The Chairman of the Board, the County Manager, the Clerk to the Board and the
County Chief Financial Officer, individually and collectively, are authorized and directed to execute and
deliver for and on behalf of the County any and all additional certificates, documents, opinions or other
papers and perform all other acts as may be required by the documents contemplated hereinabove or as
may be deemed necessary or appropriate in order to implement and carry out the intent and purposes of
this Resolution.
Section 18. The County agrees, in accordance with Rule 15c2 -12 (the "Rule") promulgated
by the Securities and Exchange Commission (the "SEC") and for the benefit of the Registered Owners
and beneficial owners of the 2017 Bonds, as follows:
(1) by not later than seven months after the end of each Fiscal Year to the Municipal
Securities Rulemaking Board (the "MSRB ") in an electronic format as prescribed by the MSRB,
the audited financial statements of the County for the preceding Fiscal Year, if available,
prepared in accordance with Section 159 -34 of the General Statutes of North Carolina, as it may
be amended from time to time, or any successor statute, or if such audited financial statements
are not then available, unaudited financial statements of the County for such Fiscal Year to be
replaced subsequently by audited financial statements of the County to be delivered within 15
days after such audited financial statements become available for distribution;
(2) by not later than seven months after the end of each Fiscal Year to the MSRB,
the financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year
for the type of information included under the captions "THE COUNTY —DEBT
INFORMATION" and " —TAX INFORMATION" (excluding information on overlapping units) in
the Official Statement referred to in Section 16;
(3) in a timely manner not in excess of 10 business days after the occurrence of the
event, to the MSRB, notice of any of the following events with respect to the 2017 Bonds:
(a) principal and interest payment delinquencies;
(b) non - payment related defaults, if material;
(c) unscheduled draws on the debt service reserves reflecting financial
difficulties;
(d) unscheduled draws on any credit enhancements reflecting financial
difficulties;
(e) substitution of any credit or liquidity providers, or their failure to
perform;
(f) adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form
5701 -TEB) or other material notices or determinations with respect to the tax status of the
2017 Bonds or other material events affecting the tax status of the 2017 Bonds;
(g) modification of the rights of the Beneficial Owners of the 2017 Bonds, if
material;
(h) call of any of the 2017 Bonds, if material, and tender offers;
(i) defeasance of any of the 2017 Bonds;
0) release, substitution or sale of any property securing repayment of the
2017 Bonds, if material;
(k) rating changes;
(1) bankruptcy, insolvency, receivership or similar event of the Board;
(m) the consummation of a merger, consolidation, or acquisition involving
the Board or the sale of all or substantially all of the assets of the obligated person, other
than in the ordinary course of business, the entry into a definitive agreement to undertake
such an action or the termination of a definitive agreement relating to such actions, other
than pursuant to its terms, if material; and
(n) the appointment of a successor or additional trustee, or the change in the
name of a trustee, if material; and
(4) in a timely manner to the MSRB, notice of the failure by the County to provide
the required annual financial information described in (1) and (2) above on or before the date
specified.
The County agrees that its undertaking under this Paragraph is intended to be for the benefit of
the registered owners and the beneficial owners of the 2017 Bonds and is enforceable by any of the
registered owners and the beneficial owners of the 2017 Bonds, including an action for specific
performance of the County's obligations under this Paragraph, but a failure to comply will not be an event
of default and will not result in acceleration of the payment of the 2017 Bonds. An action must be
instituted, had and maintained in the manner provided in this Paragraph for the benefit of all of the
registered owners and beneficial owners of the 2017 Bonds.
All documents provided to the MSRB as described in this Paragraph shall be provided in an
electronic format as prescribed by the MSRB and accompanied by identifying information as prescribed
by the MSRB. The County may discharge its undertaking described above by providing such information
in a manner the SEC subsequently authorizes in lieu of the manner described above.
The County may modify from time to time, consistent with the Rule, the information provided or
the format of the presentation of such information, to the extent necessary or appropriate in the judgment
of the County, but:
(1) any such modification may only be made in connection with a change in
circumstances that arises from a change in legal requirements, change in law or change in
the identity, nature or status of the County;
(2) the information to be provided, as modified, would have complied with
the requirements of the Rule as of the date of the Official Statement, after taking into
GI
account any amendments or interpretations of the Rule as well as any changes in
circumstances;
(3) any such modification does not materially impair the interest of the
registered owners or the beneficial owners, as determined by nationally recognized bond
counsel or by the approving vote of the registered owners of a majority in principal
amount of the 2017 Bonds.
Any annual financial information containing modified operating data or financial information will
explain, in narrative form, the reasons for the modification and the impact of the change in the type of
operating data or financial information being provided.
The provisions of this Paragraph terminate on payment, or provision having been made for
payment in a manner consistent with the Rule, in full of the principal of and interest on the 2017 Bonds.
Section 19. Those portions of this Resolution other than Paragraph 18 may be amended or
supplemented, from time to time, without the consent of the owners of the 2017 Bonds if in the opinion of
nationally recognized bond counsel, such amendment or supplement would not adversely affect the
interests of the owners of the 2017 Bonds and would not cause the interest on the 2017 Bonds to be
included in the gross income of a recipient thereof for federal income tax purposes. This Resolution may
be amended or supplemented with the consent of the owners of a majority in aggregate principal amount
of the outstanding 2017 Bonds, exclusive of 2017 Bonds, if any, owned by the County, but a modification
or amendment (1) may not, without the express consent of any owner of 2017 Bonds, reduce the principal
amount of any 2017 Bond, reduce the interest rate payable on it, extend its maturity or the times for
paying interest, change the monetary medium in which principal and interest is payable, or reduce the
percentage of consent required for amendment or modification and (2) as to an amendment to
Paragraph 18, must be limited as described therein.
Any act done pursuant to a modification or amendment consented to by the owners of the 2017
Bonds is binding on all owners of the 2017 Bonds and will not be deemed an infringement of any of the
provisions of this Resolution, whatever the character of the act may be, and may be done and performed
as fully and freely as if expressly permitted by the terms of this Resolution, and after consent has been
given, no owner of a 2017 Bond has any right or interest to object to the action, to question its propriety
or to enjoin or restrain the County from taking any action pursuant to a modification or amendment.
If the County proposes an amendment or supplemental resolution to this Resolution requiring the
consent of the owners of the 2017 Bonds, the registrar for the 2017 Bonds shall, on being satisfactorily
indemnified with respect to expenses, cause notice of the proposed amendment to be sent to each owner
of the 2017 Bonds then outstanding by first -class mail, postage prepaid, to the address of such owner as it
appears on the registration books; but the failure to receive such notice by mailing by any owner, or any
defect in the mailing thereof, will not affect the validity of any proceedings pursuant hereto. Such notice
shall briefly set forth the nature of the proposed amendment and shall state that copies thereof are on file
at the principal office of the registrar for the 2017 Bonds for inspection by all owners of the 2017 Bonds.
If, within 60 days or such longer period as shall be prescribed by the County following the giving of such
notice, the owners of a majority in aggregate principal amount of 2017 Bonds then outstanding have
consented to the proposed amendment, the amendment will be effective as of the date stated in the notice.
Section 20. Nothing in this Resolution precludes (a) the payment of the 2017 Bonds from
the proceeds of refunding bonds or (b) the payment of the 2017 Bonds from any legally available funds.
7
If the County causes to be paid, or has made provisions to pay, on maturity or on redemption
before maturity, to the owners of the 2017 Bonds the principal of the 2017 Bonds (including interest to
become due thereon), through setting aside trust funds or setting apart in a reserve fund or special trust
account created pursuant to this Resolution or otherwise, or through the irrevocable segregation for that
purpose in some sinking fund or other fund or trust account with an escrow agent or otherwise, moneys
sufficient therefor, including, but not limited to, interest earned or to be earned on Federal Securities, the
County shall so notify Moody's, S &P and Fitch Ratings, and then such 2017 Bonds shall be considered to
have been discharged and satisfied, and the principal of the 2017 Bonds (including and interest thereon)
shall no longer be deemed to be outstanding and unpaid; provided, however, that nothing in this
Resolution requires the deposit of more than such Federal Securities as may be sufficient, taking into
account both the principal amount of such Federal Securities and the interest to become due thereon, to
implement any such defeasance.
If such a defeasance occurs and after the County receives an opinion of a nationally recognized
accounting or verification firm that the segregated moneys or Federal Securities together with interest
earnings thereon are sufficient to effect a defeasance, the County shall execute and deliver all such
instruments as may be necessary to effect such a defeasance and desirable to evidence such release,
discharge and satisfaction. The County shall make provisions for the mailing of a notice to the owners of
the 2017 Bonds that such moneys are so available for such payment.
Section 21. If any one or more of the agreements or provisions herein contained is held
contrary to any express provision of law or contrary to the policy of express law, though not expressly
prohibited, or against public policy, or for any reason whatsoever is held invalid, then such covenants,
agreements or provisions are null and void and separable from the remaining agreements and provisions
and will in no way affect the validity of any of the other agreements and provisions hereof or of the 2017
Bonds authorized hereunder.
Section 22. All resolutions or parts thereof of the Board in conflict with the provisions herein
contained are, to the extent of such conflict, hereby superseded and repealed.
Section 23. This Bond Resolution is effective on its adoption.
PASSED, ADOPTED AND APPROVED this 19th day of June, 2017.
STATE OF NORTH CAROLINA
SS:
COUNTY OF NEW HANOVER
I, Kym Crowell, Clerk to the Board of Commissioners of the County of New Hanover, North
Carolina, DO HEREBY CERTIFY the attached to be a true and correct copy of a Resolution entitled,
"RESOLUTION OF THE BOARD OF THE COUNTY OF NEw HANOVER, NORTH CAROLINA PROVIDING
FOR THE ISSUANCE OF NOT TO EXCEED $38,000,000 COUNTY OF NEW HANOVER, NORTH CAROLINA
GENERAL OBLIGATION SCHOOL BONDS, SERIES 2017" adopted by the Board of the County of New
Hanover, North Carolina at a regular meeting held on the 19th day of June, 2017.
the fiWITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, this
Kay of June, 2017.
(SEAL)
K rowell
ClerTc to the Board
County of New Hanover, North Carolina
6
No. R-
APPENDIX A
FORM OF 2017 BOND
UNITED STATES OF AMERICA
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
INTEREST
RATE MATURITY DATE DATED DATE CUSIP
FEBRUARY 1, AUGUST 15, 2017
REGISTERED OWNER: CEDE & CO.
PRINCIPAL SUM: DOLLARS
GENERAL OBLIGATION SCHOOL BOND, SERIES 2017
THE COUNTY OF NEW HANOVER, NORTH CAROLINA (the "County') acknowledges itself
indebted and for value received hereby promises to pay to the Registered Owner named above, on the
Maturity Date specified above, upon surrender hereof, the Principal Sum shown above and to pay to the
Registered Owner hereof interest thereon from the date of this 2017 Bond until it shall mature at the
Interest Rate per annum specified above, payable on August 1, 2018 and semiannually thereafter on
February 1 and August 1 of each year. Principal of and interest on this 2017 Bond are payable in
immediately available funds to The Depository Trust Company ("DTC") or its nominee as registered
owner of the 2017 Bonds and is payable to the owner of the 2017 Bonds shown on the records of DTC at
the close of business on the 15' day of the month preceding an interest payment date or a bond payment
date. The County is not responsible or liable for maintaining, supervising or reviewing the records
maintained by DTC, its participants or persons acting through such participants.
This 2017 Bond is issued in accordance with the Registered Public Obligations Act, Chapter
159E of the General Statutes of North Carolina, and pursuant to The Local Government Finance Act and
the Bond Order adopted by the Board of Commissioners of the County and approved by the vote of a
majority of the voters who voted thereon at a referendum duly called and held. The 2017 Bonds are
being issued (1) to finance the capital costs of constructing, improving, and renovating school facilities,
specifically including, among other things, the construction and renovation of classroom facilities and
district -wide improvements for safety, security, technology and building infrastructure, the acquisition
and installation of furnishings and equipment, and the acquisition of land or rights —in —land required
therefor (the "Projects ") and (2) to pay the costs of issuing the 2017 Bonds.
The 2017 Bonds maturing on or before February 1, 2027 will not be subject to redemption prior
to maturity. The 2017 Bonds maturing on and after February 1, 2028 will be subject to redemption prior
to maturity, at the option of the County, from any moneys that may be made available for such purpose,
either in whole or in part on any date on or after February 1, 2027. The 2017 Bonds called for redemption
will be redeemed at the redemption price of the principal amount of 2017 Bonds to be so redeemed, plus
accrued interest to the redemption date.
A -1
If less than all of the 2017 Bonds are called for redemption, the County shall select the maturity
or maturities of the 2017 Bonds to be redeemed in such manner as the County in its discretion may
determine and DTC and its participants shall determine which of the 2017 Bonds within a maturity are to
be redeemed in accordance with its rules and procedures; provided, however, that the portion of any 2017
Bond to be redeemed shall be in principal amount of $5,000 or integral multiples thereof and that, in
selecting 2017 Bonds for redemption, each 2017 Bond shall be considered as representing that number of
2017 Bonds which is obtained by dividing the principal amount of such 2017 Bond by $5,000. Whenever
the County elects to redeem 2017 Bonds, notice of such redemption of 2017 Bonds, stating the
redemption date, redemption price and any conditions to the redemption and identifying the 2017 Bonds
or portions thereof to be redeemed by reference to their numbers and further stating that on such
redemption date there shall become due and payable on each 2017 Bond or portion thereof so to be
redeemed, the principal thereof, and interest accrued to the redemption date and that from and after such
date interest thereon shall cease to accrue, shall be given not less than 30 days nor more than 60 days
before the redemption date in writing to DTC or its nominee as the registered owner of the 2017 Bonds,
by prepaid certified or registered United States mail (or by such other means as permitted by DTC's rules
and procedures), at the address provided to the County by DTC, but any failure or defect in respect of
such mailing will not affect the validity of the redemption. If DTC is not the registered owner of the 2017
Bonds, the County will give notice at the time set forth above by prepaid first class United States mail, to
the then - registered owners of the 2017 Bonds or portions thereof to be redeemed at the last address shown
on the registration books kept by the County.
It is hereby certified and recited that all conditions, acts and things required by the Constitution or
statutes of the State of North Carolina to exist, be performed or happen precedent to or in the issuance of
this 2017 Bond, exist, have been performed and have happened, and that the amount of this 2017 Bond,
together with all other indebtedness of the County, is within every debt and other limit prescribed by said
Constitution or statutes. The faith and credit of the County are hereby pledged to the punctual payment of
the principal of and interest on this 2017 Bond in accordance with its terms.
This 2017 Bond shall not be valid or become obligatory for any purpose until the certification
hereon shall have been signed by an authorized representative of the Local Government Commission.
IN WITNESS WHEREOF, the County has caused this 2017 Bond to bear the original or facsimile
of the signatures of the following officers of the County and an original or facsimile of the seal of the
County to be imprinted hereon and this 2017 Bond to be dated their date of issuance.
(SEAL)
Clerk to the Board Chairman of the Board
Date of Execution: August 15, 2017
The issue hereof has been approved under the
provisions of The Local Government Bond Act.
Secretary of the Local Government Commission
2
FORM OF ASSIGNMENT
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto
(Please print or typewrite Name and Address,
including Zip Code, and Federal Taxpayer Identification or
Social Security Number of Assignee)
the within 2017 Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
Attorney to register the transfer of the within 2017 Bond on the books kept for registration thereof,
with full power of substitution in the premises.
Dated:
Signature guaranteed by:
NOTICE: Signature must be guaranteed by
a Participant in the Securities Transfer
Agent Medallion Program ( "Stamp ") or
similar program.
NOTICE: The signature to this assignment must
correspond with the name as it appears on the
face of the within Bond in every particular,
without alteration, enlargement or any change
whatever.
TRANSFER FEE MAY BE REQUIRED
Exhibit
Book LXL Page 33
NEW HANOVER COUNTY, NORTH CAROLINA
FISCAL YEAR 2017 -2018 BUDGET ORDINANCE
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina as follows:
Section 1: The following amounts are hereby appropriated in the General Fund for the operation
of the New Hanover County government and its activities for the fiscal year beginning July 1, 2017, and
ending June 30, 2018, in accordance with the Chart of Accounts heretofore established for New Hanover
County:
General Government
Human Services
Public Safety
Economic & Physical Development
$40,538,068
60,847, 780
62,484,679
2,212,682
Cultural & Recreational 12,496,949
Education (Cape Fear Community College) 10,862,177
Transfers To Other Funds 113,300,025
Total Appropriations - General Fund $302,742,360
Section 2: It is estimated that the following revenues will be available in the General Fund for the
fiscal year beginning July 1, 2017, and ending June 30, 2018:
Ad Valorem Taxes
$168,428,077
Sales Taxes
68,534,078
Other Taxes
4,095,000
Charges for Services
10,592,026
Interest on Investments
340,000
Intergovernmental Revenue —State
3,055,636
Intergovernmental Revenue — Federal
30,635,353
Intergovernmental Revenue —Other
7,845,357
Other Revenue
643,076
Transfers from Other Funds
1,115,384
Appropriated Fund Balance
7,458,373
Total Estimated Revenues - General Fund
$302,742,360
Section 3: The following amounts are hereby appropriated and allocated in the New Hanover
County Schools Fund pursuant to G.S. 115C- 429(b) for the fiscal year beginning July 1, 2017, and ending
June 30, 2018. Allocations made to the New Hanover County School Board through G.S. 115C- 429(b) bind
the Board of Education to the following directions and limitations in regards to these funds:
1) The Budget Resolution adopted by the New Hanover County Board of Education shall conform
to the specific allocations by operating and capital as set forth in this Budget Ordinance.
2) The Budget Resolution adopted by the New Hanover County Board of Education may not be
amended without the prior approval of the Board of Commissioners if the proposed
amendment increases or decreases expenditures from the capital outlay fund for the Board
of Education; or the proposed amendment would result in a cumulative increase or decrease
of appropriations in any category by 25% or more.
3) In accordance with G.S. 115C- 429(c), the Board of Commissioners requires the Board of
Education to notify the Board of Commissioners in writing of any changes made to their
planned capital fund expenditures. The notification should include: (1) nature of the change;
(2) reason for the change; (3) dollar amount of any expenditure change by planned project;
and (4) plans for, and estimated cost of, completing the planned project in the future if
completion as originally anticipated will not be possible.
Current Operating Expense
Capital Outlay
Total Appropriation — New Hanover County Schools Fund
$75,141,652
2,100,000
$77,241,652
Section 4: It is estimated that the following revenues will be available in the New Hanover County
Schools Fund for the fiscal year beginning July 1, 2017, and ending June 30, 2018:
Transfer In From General Fund
Total Estimated Revenues — New Hanover County Schools Fund
$77,241,652
$77,241,652
Section 5: The following amount is hereby appropriated in the Debt Service Fund for the fiscal year
beginning July 1, 2017, and ending June 30, 2018:
Debt Service $57,134,400
Total Appropriation — Debt Service Fund $57,134,400
Section 6: It is estimated that the following revenues will be available in the Debt Service Fund for
the fiscal year beginning July 1, 2017, and ending June 30, 2018:
Ad Valorem Taxes $21,374,063
Intergovernmental Revenue — Federal 822,915
Intergovernmental Revenue —Other 3,924,858
Transfers In From Other Funds 31,012,564
Total Estimated Revenues — Debt Service Fund $57,134,400
Section 7: The following amount is hereby appropriated in the Special Fire District Fund for the
operation of fire protection services for the fiscal year beginning July 1, 2017, and ending June 30, 2018,
in accordance with the Chart of Accounts heretofore established for New Hanover County:
Fire Services Operations
Debt Service
Total Appropriation — Special Fire District Fund
$14,578,845
897,031
$15,475,876
Section 8: It is estimated that the following revenues will be available in the Special Fire District
Fund for the fiscal year beginning July 1, 2017, and ending June 30, 2018:
Ad Valorem Taxes
$9,848,352
Sales Taxes
2,488,841
Charges for Services
62,474
Interest on Investments
15,000
Intergovernmental Revenue — Federal
80,000
Intergovernmental Revenue —Other
300
Long -Term Debt Issued
1,602,188
Transfers from Other Funds
1,378,721
Total Estimated Revenues —Special Fire District Fund
$15,475,876
Section 9: The following amount is hereby appropriated in the Room Occupancy Tax Fund for the
fiscal year beginning July 1, 2017, and ending June 30, 2018:
Economic and Physical Development
Transfer To Mason Inlet Relocation Fund
Total Appropriation — Room Occupancy Tax Fund
$6,975,430
215,000
$7,190,430
Section 10: It is estimated that the following revenues will be available in the Room Occupancy Tax
Fund for the fiscal year beginning July 1, 2017, and ending June 30, 2018:
Room Occupancy Taxes
$5,674,930
Special Assessments 148,000
Intergovernmental Revenue —Other 1,367,500
Total Estimated Revenues — Room Occupancy Tax Fund $7,190,430
Section 11: The following amount is hereby appropriated in the Cape Fear Community College
Bond Expenditure Capital Project Fund for the fiscal year beginning July 1, 2017, and ending June 30, 2018:
Capital Project Expense
Transfer To Debt Service Fund
Total Appropriation — Cape Fear Community College
Bond Expenditure Capital Project Fund
$210,000
1,469,720
$1,679,720
Section 12: It is estimated that the following revenues will be available in the Cape Fear Community
College Bond Expenditure Capital Project Fund for the fiscal year beginning July 1, 2017, and ending June
30,2018:
Premium on Long -term Debt Issued
Total Estimated Revenues — Cape Fear Community College
Bond Expenditure Capital Project Fund
$1,679,720
$1,679,720
Section 13: The following amount is hereby appropriated in the Emergency Telephone System
Fund for the fiscal year beginning July 1, 2017, and ending June 30, 2018, for the purpose of maintaining
an Emergency 911 System in New Hanover County:
Public Safety
Total Appropriation — Emergency Telephone System Fund — Article 3
$788,780
$788,780
Section 14: It is estimated that the following revenue will be available in the Emergency Telephone
System Fund for the fiscal year beginning July 1, 2017, and ending June 30, 2018:
Other Taxes
Appropriated Fund Balance
$619,310
169,470
Total Estimated Revenues — Emergency Telephone System Fund — Article 3 $788,780
Section 15: The following amount is hereby appropriated in the Revolving Loan Fund for the fiscal
year beginning July 1, 2017, and ending June 30, 2018:
Revolving Fund Operating
Total Appropriation — Revolving Loan Fund
$24,000
$24,000
Section 16: It is estimated that the following revenue will be available in the Revolving Loan Fund
for the fiscal year beginning July 1, 2017, and ending June 30, 2018:
Miscellaneous Revenue
$10,000
Appropriated Fund Balance
14,000
Total Estimated Revenues — Revolving Loan Fund
$24,000
Section 17: The following amount is hereby appropriated in the Environmental Management Fund
for the fiscal year beginning July 1, 2017, and ending June 30, 2018:
Environmental Management Operations
$10,319,620
Debt Service
100,112
Environmental Management Capital Reserve
250,000
Environmental Management Closure /Post Closure Reserve
658,869
Transfer To Environmental Management Fund Capital Reserve
250,000
Transfer To Environmental Management Fund Closure /Post Closure Reserve
1,158,869
Transfer To Environmental Management Capital Project Fund
4,982,700
Transfer To Environmental Management Fund
500,000
Total Appropriation — Environmental Management Fund $18,220,170
Section 18: It is estimated that the following revenues will be available in the Environmental
Management Fund for the fiscal year beginning July 1, 2017, and ending June 30, 2018:
Charges for Services $14,082,301
Intergovernmental Revenue —State 443,000
Other Revenues 272,000
Appropriated Fund Balance 1,514,000
Transfer In From Environmental Management Fund Closure /Post Closure Reserve 500,000
Transfer In From Environmental Management Fund 1,408,869
Total Estimated Revenues — Environmental Management Fund $18,220,170
Section 19: There is hereby levied a tax at the rate of fifty and fifty -three one hundredths cents
($0.5053) per one hundred dollars ($100) valuation of property listed as of January 1, 2017 for General
Fund and six and forty -seven one hundredths cents ($0.0647) per one hundred dollars ($100) valuation of
property listed as of January 1, 2017 for Debt Service Fund; for a combined total tax rate of fifty -seven
cents ($0.57) per one hundred dollars ($100) valuation of property listed as of January 1, 2017, for the
purpose of raising revenue included in "Ad Valorem Taxes" in the General Fund in Section 2 and in the
Debt Service Fund in Section 6 of this Ordinance.
This rate is based on an estimated total valuation of property for the purpose of taxation of
$33,369,340,000 and an estimated collection rate of 99 %.
The statutory calculated revenue neutral rate for the General and Debt Service funds respectively
are, fifty -one and ninety -one hundredths ($0.5191) and six and forty -seven one hundredths cents
($0.0647) per one hundred dollars ($100) valuation of property listed as of January 1, 2017.
Section 20: There is hereby levied a tax at the rate of seven and seventy -five hundredths cents
($.0775) per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 2017,
located within the Special Fire District for the raising of revenue for said Special Fire District.
This rate of tax is based on an estimated total valuation of property for the purposes of taxation
of $12,835,910,623 and an estimated collection rate of 99 %.
The statutory calculated revenue neutral rate for the Special Fire District fund is six and forty -
eight hundredths ($0.0648) per one hundred dollars ($100) valuation of property listed as of January 1,
2017.
Section 21: All expenditures relating to obtaining the bond referendum and or installment
purchase will be reimbursed from bond proceeds and installment purchase proceeds in accordance with
the requirements of the United States Treasury Regulations Section 1.150 -2.
Section 22: This declaration of official intent is made pursuant to Section 1.150 -2 of the
Treasury Regulations to expressly declare the official intent of the County to reimburse itself from the
proceeds of debt to be hereinafter incurred by the County for certain expenditures paid by the County
on or after the date which is sixty (60) days prior to the date hereof.
Section 23: That appropriations herein authorized and made shall have the amount of (1)
outstanding purchase orders as of June 30, 2017, and (2) grants unexpended by New Hanover County as
of June 30, 2017, added to each appropriation as it appears in order to account for the payment against
the fiscal year in which it is paid.
Section 24: All grants that are included in the adopted budget are deemed to be approved by the
Board of County Commissioners and will not come back to the Board for approval to apply for or to accept
the awarded grant unless it is specifically required by the Grantor. In the event an award is greater than
or less than the adopted budget, to the extent it is needed, a budget amendment will be brought to the
Board through the Consent Agenda for approval to adjust revenues and expenditures accordingly.
Section 25: The County Manager, and or the Chief Strategy and Budget Officer as the County
Manager's designee, is hereby authorized to transfer appropriations as contained herein under the
following conditions:
a. He /she may transfer amounts between expenditure line items within a department without
limitation and without a report being required.
b. He /she may transfer amounts between appropriation units within the same budget function and
fund without limitation and without a report being required.
c. He /she may transfer medical insurance appropriations between functions, departments and
divisions within the same fund based upon usage.
d. He /she may not transfer any amounts between funds without approval by the Board of
Commissioners.
Section 26: This ordinance and the budget document shall be the basis for the financial plan for
New Hanover County for the 2017 -2018 fiscal year. The Chief Strategy and Budget Officer shall administer
the budget. The Chief Financial Officer shall establish and maintain all records which are in concurrence
with this budget and the budget ordinance and the appropriate statutes of the State of North Carolina.
Section 27: This ordinance incorporates acceptance of the various changes to the County fee
schedule as set forth and published beginning July 1, 2017.
Section 28: Upon adoption of the FY 17 -18 budget, county staff is authorized to execute an
Interlocal Agreement (ILA), and other related documents, with the Cape Fear Public Utility Authority
(CFPUA), and other entities as needed, for development of a Preliminary Engineering Report (PER) for the
Castle Hayne Waterline project.
Section 29: Copies of this Budget Ordinance shall be furnished to the Clerk to the Board of
Commissioners and to the Chief Strategy and Budget Officer and Chief Financial Officer of New Hanover
County, North Carolina, to be kept on file by them for their direction in the disbursement of funds.
ADOPTED, this 19th day of June 2017.
II, Clerk to the Board
�,A4QL--
Woody White, C airman
Board of County Commissioners
Exhibit
Book XLPageM4 b
NEW HANOVER COUNTY, NORTH CAROLINA
Ordinance making appropriations to the Capital Projects Funds
for the Fiscal Year beginning July 1, 2017
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina as follows:
Section 1: The following amounts are hereby made to the Health and Human Services Facility
Fund pursuant to G.S. 159 -13.2 for the fiscal year beginning July 1, 2017.
Project Appropriations
Health and Human Services Facility Capital Project Expense $21,627,217
Total Health and Human Services Facility Fund Appropriation $21,627,217
Source of Revenue
Sale of Existing Health Department Property $17,834,260
Transfer From General Fund 1,762,624
Escrow —Medicaid Maximization Funds 1,182,978
Transfer From Capital Projects 847,355
Total Estimated Revenues — Health and Human Services Facility Fund $21,627,217
Section 2: The following amounts are hereby made to the Capital Improvement Projects Fund
pursuant to G.S. 159 -13.2 for the fiscal year beginning July 1, 2017.
Project Appropriations
Voting Equipment Replacement Capital Project Expense
$ 1,160,325
Crime Scene Investigation Building Expansion Capital Project Expense
524,475
Peterson Parcel Capital Project Expense
424,750
Elevator Replacements Capital Project Expense
160,000
Drainage Improvements Capital Project Expense
140,000
Northern Regional Park Capital Project Expense
130,000
Capital Project Expense
(127,303)
Transfer to Health and Human Services Facility Fund
147,736
Total Capital Improvement Projects Fund Appropriation
$ 2,559,983
Source of Revenue
Transfer From General Fund $ 1,946,300
Escrow —Tree Fund 405,750
Voting Equipment Trade -In Allowance 187,500
Interest Earnings 20,433
Total Estimated Revenues —Capital Improvement Projects Fund $ 2,559,983
Section 3: The following amounts are hereby made to the Bike and Pedestrian Paths Fund
pursuant to G.S. 159 -13.2 for the fiscal year beginning July 1, 2017.
Project Appropriations
Military Cutoff Extension Trail Capital Project Expense $ 312,500
Total Bike and Pedestrian Paths Fund Appropriation $ 312,500
Source of Revenue
Transfer From General Fund
Total Estimated Revenues — Bike and Pedestrian Paths Fund
$ 312,500
$ 312,500
Section 4: The following amounts are hereby made to the Health Department Renovation Fund
pursuant to G.S. 159 -13.2 for the fiscal year beginning July 1, 2017.
Project Appropriations
Health Department Renovation Capital Project Expense $ (684,392)
Transfer to Health and Human Services Facility Fund 699,619
Total Health Department Renovation Fund Appropriation $ 15,227
Source of Revenue
Interest Earnings $ 15,227
Total Estimated Revenue - Health Department Renovation Fund $ 15,227
Section 5: The following amounts are hereby made to the Mason Inlet Relocation Fund pursuant
to G.S. 159 -13.2 for the fiscal year beginning July 1, 2017.
Project Appropriations
Mason Inlet Relocation Capital Project Expense $ 215,000
Total Mason Inlet Relocation Fund Appropriation $ 215,000
Source of Revenue
Transfer from Room Occupancy Tax —1St 3% Fund $ 215,000
Total Estimated Revenues — Mason Inlet Relocation Fund $ 215,000
Section 6: The following amounts are hereby made to the Southern Property Construction Fund
pursuant to G.S. 159 -13.2 for the fiscal year beginning July 1, 2017.
Project Appropriations
Southern Property Construction Cells 7 & 8 Capital Project Expense $ 4,192,000
Total Southern Property Construction Fund Appropriation $ 4,192,000
Source of Revenue
Transfer From Environmental Management Fund $ 4,192,000
Total Estimated Revenues — Southern Property Construction Fund $ 4,192,000
Section 7: The following amounts are hereby made to the Northern Property Closure Fund
pursuant to G.S. 159 -13.2 for the fiscal year beginning July 1, 2017.
Project Appropriations
Landfill North and East Side Partial Closure Capital Expense $ 540,700
Total Landfill North and East Side Partial Closure Fund Appropriation $ 540,700
Source of Revenue
Transfer From Environmental Management Fund $ 540,700
Total Estimated Revenues — Landfill North and East Side Partial Closure Fund $ 540,700
Section 8: The following amounts are hereby made to the Environmental Management Capital
Project Fund pursuant to G.S. 159 -13.2 for the fiscal year beginning July 1, 2017.
Project Appropriations
Administrative Building Capital Project Expense $ 250,000
Total Environmental Management Administrative Building Fund Appropriation $ 250,000
Source of Revenue
Transfer From Environmental Management Fund $ 250,000
Total Estimated Revenues — Environmental Management Administrative Building Fund $ 250,000
Section 9: The projects undertaken pursuant to this ordinance are in accordance with the
County's Capital Improvement Plan, the Recommended Budget and any changes made during the County
Commissioners' budget work sessions and these projects are herewith authorized and the remaining four
years of the Capital Improvement Plan are endorsed by the Board for approval in subsequent fiscal years.
Section 10: The Chief Financial Officer is hereby directed to maintain within the Capital Project
Funds sufficient specific detailed accounting records to satisfy all applicable regulations. The terms of
the financing agreement also shall be met.
Section 11: The County desires to expend its own funds for the purpose of paying certain costs
of various projects, for which expenditures the County reasonably expects to reimburse itself from the
proceeds of debt to be incurred by the County.
Section 12: All expenditures relating to obtaining the bond referendum and or installment
purchase will be reimbursed from bond proceeds and installment purchase proceeds in accordance
with the requirements of the United States Treasury Regulations Section 1.150 -2.
Section 13: This declaration of official intent is made pursuant to Section 1.150 -2 of the Treasury
Regulations to expressly declare the official intent of the County to reimburse itself from the proceeds of
debt to be hereinafter incurred by the County for certain expenditures paid by the County on or after the
date which is sixty (60) days prior to the date hereof.
Section 14: The County intends to seek Federal, State, and /or other grant funding to reduce the
amount of loan proceeds. The adoption of this ordinance authorizes the County Manager and /or his
representative to apply for and accept such funding if awarded.
Section 15: This project ordinance shall be entered in the minutes of the Board of Commissioners
of New Hanover County. Within five days hereof, copies of this ordinance shall be filed with the finance
and budget offices in New Hanover County, and with the Clerk to the Board of Commissioners of New
Hanover County.
ADOPTED, this 19th day of June 2017.
Ty.
O
O
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ails'" �
Woody White, Chairman
.
Board of County Commissioners
—�lJ w
Ky64berleigh G. C ell, Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Exhibit I_L Bo ok Page33__�
RESOLUTION REQUESTING THE CHEMOURS COMPANY
TO HALT PROCESSES WHICH RESULT IN THE DISCHARGE OF THE GENX
CHEMICAL INTO THE CAPE FEAR RIVER
WHEREAS, the majority of New Hanover County's drinking water supply comes from the Cape Fear River;
and
WHEREAS, Chemours is a company that operates a facility on approximately 2200 acres of land in Bladen
County along the Cape Fear River and which withdraws up to 26 million gallons per day from the Cape
Fear River and discharges treated wastewater back into the river; and
WHEREAS, Chemours manufactures GenX, a chemical used to make Teflon and other products; and
WHEREAS, Chemours operates under a permit or agreement with the EPA that requires the company to
reclaim 99% of the GenX chemical it manufactures prior to discharge; and
WHEREAS, Chemours contends that it complies with the 99% recapture rule for its facility for production
of GenX, but believes that GenX may be entering the river as a byproduct of a vinyl ether process used at
its Fayetteville Works Plant; and
WHEREAS, GenX is a newer chemical used to replace one known as C8, which was the subject of a
consent order to cease use between the EPA and Chemours' predecessor, DuPont, because of its detrimental
health effects; and
WHEREAS, GenX has been shown in some studies to cause cancer and other health issues in lab animals,
and is an emerging chemical for which the EPA has yet to establish a safe regulatory level; and
WHEREAS, GenX is difficult to filter out of drinking water using the most common methods of public
utility water treatment, and current levels of GenX in the water supply are unknown; and
WHEREAS, New Hanover County recognizes that the availability of safe drinking water is of paramount
importance to the health and well -being of its citizens.
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners does
hereby request that Chemours immediately halt any processes within its control that result in the discharge
of GenX into the Cape Fear River, and to maintain a zero discharge policy permanently, or at a minimum
until such time as the North Carolina Department of Environmental Quality and the Environmental
Protection Agency concludes any investigation into the effects of discharge of this chemical in the water
supply and create specific regulations or guidelines pertaining to acceptable levels, if any, for the presence
of this chemical in the water supply. r1
ADOPTED this the 19th day of June, 2017.
Woody White, Chaim
New Hanover County
ATTEST:
of
issioners
11, Clerk to the Board