2009-07-06 RM ExhibitsExhibit
1~, l
Book 2, CX Page
AGENDA: July 6, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-002
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-002 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: Fire Services
Department: Fire Services / Fire Services Operations
Expenditure:
Decrease
Increase
Fire Services Operations.
Supplies
$2,500
Total
$25500
Revenue:
Decrease
Increase
Fire Services Operations:
Permanent Checking Station Grant - State
$2,500
Total
$Y,-500
Section 2: Explanation
To budget a FY08-09 NC Permanent Checking Station Grant awarded to Fire Services by the NC
Department of Insurance, Office of the State Fire Marshal. Monies will be used to purchase
supplies for the child safety seat program such as child passenger seat stickers and latch manuals.
There is no county match required and no requirement to continue the program after the grant
ends.
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 10-002, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
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2009.
rv)~1(4
Ted Davis, Jr., Chai n
V
ob-
Oath of Off-ice
Exhibit
Book X& &I( Page 14. 2
I, Edward J. McMahon, do solemnly swear (or affirm) that I will support and
maintain the Constitution and laws of the United States, and the Constitution and
laws of North Carolina not inconsistent therewith, and that I will faithfully
discharge the duties of my office as Sheriff of New Hanover County, so help me
God
I, Edward J. McMahon, do solemnly and sincerely swear (or affirm) that I will
support the Constitution of the United States; 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, Edward J. McMahon, do solemnly swear (or affirm) that I will execute the
Office of Sheriff of New Hanover County to the best of my knowledge and ability,
agreeably to law; and that I will not take, accept or receive, directly or indirectly,
any fee, gift, bribe, gratuity or reward whatsoever, for returning any man to serve
as a juror or for making any false return on any process to me directed; so help
me God.
I-CI-Ltr_C
E and J. McMahon
~i
New Hanover County
Sheriff
Subscribed and sworn to before me this
the sixth clay of July, 2009
W. Allen Cohn
Senior Resident Superi C
North Carolina Fifth V
Judge
I~`
Exhibit
8 0 0 k XX,llNo . 3cL
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW
HANOVER, NORTH CAROLINA PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED
$55,000,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009A OF THE
COUNTY OF NEW HANOVER, NORTH CAROLINA
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;
WHEREAS, the County of New Hanover, North Carolina (the "County") desires to issue its General
Obligation Refunding Bonds, Series 2009A (the "Bonds and to request that the Local Government
Commission (the "Commission sell the Bonds through a negotiated sale to Stephens Inc. (the
"Underwriter in accordance with the terms and conditions set forth in a Bond Purchase Agreement to
be dated on or about July 15, 2009 (the "Bond Purchase Agreement") among the County, the
Commission and the Underwriter;
WHEREAS, copies of the forms of the following documents relating to the transactions described above
have been filed with the County and have been made available to the Board of Commissioners of the
County (the "Board of Commissioners
1. the Bond Purchase Agreement;
2. the Preliminary Official Statement with respect to the Bonds to be dated on or
about July 8, 2009, together with the Official Statement with respect to the Bonds
to be dated on or about July 15, 2009 (collectively, the "Official Statement"); and
3. the Escrow Agreement;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners as follows:
Section 1. For purposes of this Resolution, the following words have the meanings ascribed
to them below:
"Bond Order" the Refunding Bond Order authorizing the General Obligation Refunding Bonds
adopted by the Board on July 6, 2009 and effective on its adoption.
"Bonds " means the County's General Obligation Refunding Bonds, Series 2009A, authorized
under the Bond Order.
"Code " means the Internal Revenue Code of 1986, as amended. Each reference to a section of
the Code herein will be deemed to include the United States Treasury Regulations proposed or in effect
with respect thereto.
"Escrow Agent" means First-Citizens Bank & Trust Company and any successor or assign.
"Escrow Agreement" means the Escrow Deposit Agreement dated on or about August 12, 2009
between the County and the Escrow Agent, and any amendments thereto.
"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)
Page 1 of 8
NYC 693813.3
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 Bonds are rated by
Moody's, and S&P, if the Bonds are rated by S&P, 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.
"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 designated by the County.
"1995 Bonds" means the $9,000,000 aggregate principal amount of the County's General
Obligation School Bonds, Series 1995, of which $9,000,000 is currently outstanding.
"2001 Bonds" means $42,000,000 aggregate principal amount of the County's General
Obligation School Bonds, Series 2001, of which $28,000,000 is currently outstanding.
"2002 Bonds" means $28,300,000 General Obligation Public Improvement Bonds, Series 2002,
of which $21,800,000 is currently outstanding.
"Pricing Certificate " means the certificate of the County's Finance Director delivered in
connection with the issuance of the Bonds which establishes, with respect to the Bonds, the final
maturity and serial principal amounts, the interest payment dates and rates and the provisions for
redemption, all as agreed on in the Bond Purchase Agreement.
"Refunded Bonds" means the 1995 Bonds, the 2001 Bonds and the 2002 Bonds designated in the
Pricing Certificate as bonds to be refunded from proceeds of the Bonds.
"Registrar" means First-Citizens Bank & Trust Company and any successor or assign.
"S&P" means Standard & Poor's Ratings Services, a Division of The McGraw-Hill Companies,
Inc., 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 designated by the County.
Section 2. The County shall issue its Bonds in an aggregate principal amount not to exceed
$55,000,000.
Page 2 of 8
Section 3. The Bonds shall be dated as of their date of issuance. The Bonds shall pay interest
on December 1, 2009 and semiannually thereafter on June 1 and December 1, unless the County Finance
Director establishes different dates in her Pricing Certificate. The Bonds are being issued to refund the
Refunded Bonds pursuant to and in accordance with the Bond Order.
Section 4. The Bonds are payable in annual installments on December 1 in each year, unless
the County Finance Director establishes different a date in her Pricing Certificate. The maturities of the
Bonds will be as set forth in the Pricing Certificate.
Section 5. The Bonds are to be numbered from "R-1" consecutively and upward and shall
bear interest from their date at a rate or rates which will be hereafter determined on the sale thereof
computed on the basis of a 360-day year of twelve 30-day months.
Section 6. The Bonds are to be registered as to principal and interest, and the Finance
Director of the County is directed to maintain the registration records with respect thereto. The Bonds
shall bear the original or facsimile signatures of the Chairman or Vice Chairman of the Board of
Commissioners of the County and the Clerk to the Board of Commissioners of the County. An original
or facsimile of the seal of the County is to be imprinted on each of the Bonds.
Section 7. The 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 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
Bonds will be payable to DTC or its nominee as registered owner of the Bonds in immediately available
funds. The principal of and interest on the Bonds will be payable to owners of 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 Bonds or (b) the
Finance Director for the County determines that the continuation of the book-entry system of evidence
and transfer of ownership of the Bonds would adversely affect the interests of the beneficial owners of
the Bonds, the County will discontinue the book-entry system with 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 DTC's rules and procedures.
Section 8. If the Pricing Certificate designates a date for the Bonds on and after which the
Bonds are subject to redemption, then such Bonds are subject to redemption before maturity, at the
option of the County, from any money that may be made available for such purpose, either in whole or
in part on any date on or after the date set forth in the Pricing Certificate, at the principal amount of the
Bonds to be redeemed, together with interest accrued thereon to the date fixed for redemption, with such
redemption premium, if any, designated for the Bonds in the Pricing Certificate.
If the Bonds are subject to optional redemption and if less than all the Bonds are called for
redemption, the County shall select the maturity or maturities of the Bonds to be redeemed in such
manner as the County in its discretion may determine, and DTC and its participants shall determine
which Bonds within a maturity are to be redeemed by lot; provided, however, that the portion of any
Bond to be redeemed must be in principal amount of $5,000 or integral multiples thereof and that, in
selecting Bonds for redemption, each Bond is to be considered as representing that number of Bonds
Page 3 of 8
which is obtained by dividing the principal amount of such Bond by $5,000. When the County elects to
redeem any Bonds, notice of such redemption of such Bonds, stating the redemption date, redemption
price and identifying the Bonds or portions thereof to be redeemed by reference to their numbers and
further stating that on such redemption date there are due and payable on each 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, is to 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 such
Bonds, by prepaid certified or registered United States mail, 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 such 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 such 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 a copy of the notice of redemption within the time set forth above
(1) to the Commission, (2) to each of the then-existing securities depositories and (3) to at least two of
the then-existing national information services.
Section 9. The Bonds and the provisions for the registration of the Bonds and for the
approval of the Bonds by the Secretary of the Local Government Commission are to be in substantially
the form set forth in the Appendix A hereto.
Section 10. The Issuer covenants that it will not take any action, or fail to take any action, if
any such action or failure to take action would adversely affect the exclusion of interest paid on the
Bonds from gross income of the owners thereof for federal income tax purposes.
Section 11. From the proceeds from the sale of the Bonds, the State Treasurer shall (1)
transfer an amount sufficient to pay the 2001 Bonds and 2002 Bonds (designated as Refunded Bonds in
the Pricing Certificate) to the Escrow Agent for deposit in the 2009 Refunding Bonds Escrow Account
(as defined in the Escrow Agreement) created under the Escrow Agreement and (2) transfer to the
Escrow Agent the balance of the proceeds from the sale of the Bonds for deposit in the 2009 Expense
Account (as defined in the Escrow Agreement) to pay costs of issuance. The County Manager and the
Finance Director of the County are hereby authorized and directed to enter into the Escrow Agreement,
a form of which has been made available to the Board, but with such changes, modifications, additions
or deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to
constitute conclusive evidence of the Board's approval of any and all changes, modifications, additions
or deletions therein from the form and content of the Escrow Agreement presented to the Board, and that
from and after the execution and delivery of the Escrow Agreement, the County Manager and the
Finance Director are hereby authorized, empowered and directed to do all such acts and things and to
execute all such documents as may be necessary to carry out and comply with the provisions of the
Escrow Agreement as executed. Proceeds of the Bonds to be used to pay the costs of issuance of the
Bonds shall be deposited in a separate segregated account held by the Escrow Agent and invested and
reinvested by the Finance Director as permitted by the laws of the State of North Carolina. The Finance
Director shall keep and maintain adequate records pertaining to such account 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 Bonds from gross
income for purposes of federal income taxation. To the extent any funds remain in the 2009 Expense
Account on November 15, 2009, the Finance Director shall apply them to pay interest on the Bonds on
the next interest payment date therefor.
From the proceeds from the sale of Bonds, the State Treasurer shall cause the Underwriter to
wire an amount sufficient to pay the outstanding principal amount of the 1995 Bonds.
Page 4 of 8
Section 12. 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. The blanket Letter of Representations, as requested by DTC, is hereby
approved and confirmed.
Section 13. The Commission is hereby requested to sell the Bonds through a negotiated sale
to the Underwriter pursuant to the terms of the Bond Purchase Agreement at a true interest cost not to
exceed 4.00%. The form and content of the Bond Purchase Agreement is in all respects approved and
confirmed, and the Chairman of the Board of Commissioners, the County Manager or the Finance
Director of the County is hereby authorized, empowered and directed to execute and deliver the Bond
Purchase Agreement for and on behalf of the County, including necessary counterparts, in substantially
the form and content presented to the County, but with such changes, modifications, additions or
deletions therein as he may deem necessary, desirable or appropriate, the execution thereof to constitute
conclusive evidence of the Board of Commissioners' approval of any and all such changes,
modifications, additions or deletions therein, and that from and after the execution and delivery of the
Bond Purchase Agreement, the Chairman of the Board of Commissioners, the County Manager and the
Finance Director of the County are hereby authorized, empowered and directed to do all such acts and
things and to execute all such documents as may be necessary to carry out and comply with the
provisions of the Bond Purchase Agreement as executed.
Section 14. The Chairman of the Board of Commissioners, the County Manager, the Finance
Director and the Clerk to the Board of Commissioners of the County are hereby authorized and directed
to cause the Bonds to be prepared and, when they shall have been duly sold by the Commission, to
execute the Bonds and to turn the Bonds over to the registrar and transfer agent of the County for
delivery through the facilities of DTC to the Underwriter.
Section 15. The form and content of the Official Statement are in all respects authorized,
approved and confirmed, and the Chairman of the Board of Commissioners, the County Manager, the
Finance Director and the Clerk to the Board of Commissioners of the County are authorized, empowered
and directed to execute and deliver the Official Statement in substantially the form and content
presented to the Board of Commissioners, but with such changes, modifications, additions or deletions
therein as the Chairman of the Board of Commissioners, the County Manager or the Finance Director of
the County may deem necessary, desirable or appropriate, their execution thereof to constitute
conclusive evidence of the approval of the Board of Commissioners of any and all changes,
modifications, additions or deletions therein from the form and content of the Official Statement
presented to the Board of Commissioners. The Board of Commissioners of the County does hereby
recite that, upon its examination and discussions, nothing has come to its attention which would lead it
to believe that the Official Statement contains any untrue statement of a material fact or omits to state
any material fact necessary to make the statements therein, in light of the circumstances under which
they were made, not misleading.
Section 16. The Chairman of the Board of Commissioners, the County Manager, the Finance
Director and the Clerk to the Board of Commissioners of the County 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.
Page 5 of 8
Section 17. 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 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, (a)
the financial and statistical data as of a date not earlier than the end of such Fiscal Year
for the type of information included under the captions "THE COUNTY--DEBT
INFORMATION" and "--TAX INFORMATION" (excluding information on overlapping and
underlying units) in Appendix A of the Official Statement referred to in Section 15 and
(b) the combined budget of the County for the current Fiscal Year to the extent such
items are not included in the audited financial statements referred to in clause (1) above;
(3) in a timely manner to provide to the MSRB notice of the occurrence of any of the
following events with respect to the Bonds, if material:
(a) principal and interest payment delinquencies;
(b) non-payment related defaults;
(c) unscheduled draws on debt service reserves reflecting financial
difficulties;
(d) unscheduled draws on credit enhancements for the Bonds reflecting
financial difficulties;
(e) substitution of any credit or liquidity providers, or their failure to perform;
(f) adverse tax opinions or events affecting the tax-exempt status of the
Bonds;
(g) modification to the rights of the beneficial owners of the Bonds;
(h) call of any of the Bonds for redemption, other than sinking fund
redemptions;
(i) defeasance of any of the Bonds;
(j) release, substitution or sale of any property securing repayment of the
Bonds;
(k) rating changes on the Bonds; and
Page 6 of 8
(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 Bonds and is enforceable by any of the registered
owners and the beneficial owners of the 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 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 Bonds.
The County may discharge its undertaking described above by transmitting those documents or
notices in a manner subsequently required by the U. S. Securities and Exchange Commission 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 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
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 Bonds.
Section 18. This Resolution, other than Section 17 hereof, may be amended or supplemented,
from time to time, without the consent of the owners of the 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 Bonds and would not cause the interest on the 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 Bonds,
exclusive of Bonds, if any, owned by the County, but a modification or amendment (1) may not, without
the express consent of any owner of Bonds, reduce the principal amount of any 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 Section 21, must be limited as described therein.
Page 7 of 8
Any act done pursuant to a modification or amendment consented to by the owners of the Bonds
is binding on all owners of the 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 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 Bonds, the Registrar shall, on being satisfactorily indemnified with respect
to expenses, cause notice of the proposed amendment to be sent to each owner of the 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 inspection by all owners of the 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 Bonds then outstanding have consented to the proposed
amendment, the amendment will be effective as of the date stated in the notice.
Section 19. Nothing in this Resolution precludes (a) the payment of the Bonds from the
proceeds of refunding bonds or (b) the payment of the Bonds from any legally available funds.
Section 20. All acts and doings of the Chairman of the Board of Commissioners, the County
Manager, the Finance Director of the County and the Clerk to the Board of Commissioners of the
County that are in conformity with the purposes and intents of this Resolution and in the furtherance of
the issuance of the Bonds and the execution, delivery and performance of the Bond Purchase Agreement
are in all respects approved and confirmed.
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
Bonds authorized hereunder.
Section 22. All resolutions or parts thereof of the Board of Commissioners 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.
ADOPTED, this the 6th day of July 2009.
NEW HANOV COUNTY
`j_
17
Ted Davis, Jr., airman
.r Sheila L. Schult, Clerk to the Board
Page 8 of 8
Exhibit
Book xI l.paQe
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
BOND ORDER AUTHORIZING THE ISSUANCE OF
$55,000,000 GENERAL OBLIGATION REFUNDING BONDS OF
THE COUNTY OF NEW HANOVER
WHEREAS, the County of New Hanover (the "County") has issued School Bonds, Series 2001,
dated June 1, 2001 and $24,000,000 of such Bonds maturing in the years 2012 to 2021,
inclusive, are outstanding (the "2001 School Bonds"); and
WHEREAS, the County has issued variable rate School Bonds, Series 1995, dated September 6,
1995, and $9,000,000 of such bonds maturing in the years 2013 to 2016, inclusive, are
outstanding (the "1995 School Bonds"' and together with the 2001 School Bonds, the
"Outstanding School Bonds"); and
WHEREAS, the County has issued Public Improvement Bonds, Series 2002, dated June 1, 2002
and $17,900,000 of such Bonds maturing in the years 2013 to 2022, inclusive, are outstanding
(the "Outstanding Public Improvement Bonds"); and
WHEREAS, the Board of Commissioners of the County deems it advisable to refund all or a
portion of the Outstanding Public Improvement Bonds and the Outstanding School Bonds,
pursuant to and in accordance with The Local Government Finance Act; and
WHEREAS, an application has been filed with the Secretary of the Local Government
Commission of North Carolina requesting Commission approval of the Bonds hereinafter
described as required by The Local Government Finance Act, and the Secretary of the Local
Government Commission has notified the Board that the application has been accepted for
submission to the Local Government Commission;
NOW, THEREFORE, BE IT ORDERED by the Board of Commissioners of the County of
New Hanover, as follows:
The Board of Commissioners of the County has ascertained and hereby determines that it is
advisable to refund all or a portion of the Outstanding Public Improvement Bonds and the
Outstanding School Bonds.
In order to raise the money required to refund the Outstanding Public Improvement Bonds and
the Outstanding School Bonds as set forth above, in addition to any funds which may be made
available for such purpose from any other source, bonds of the County are hereby authorized and
shall be issued pursuant to The Local Government Finance Act of North Carolina. The
maximum aggregate principal amount of bonds authorized by this bond order shall be
$55,000,000.
A tax sufficient to pay the principal of and interest on said bonds when due shall be annually
levied and collected.
A sworn statement of the County's debt has been filed with the Clerk of the Board of
Commissioners and is open to public inspection.
This bond order shall take effect upon its adoption.
This the 6t' day of July 2009.
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NEW HANOVER COUNTY
Ted Davis, Jr., Ch irm
ATTEST:
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Sheila Schult, Clerk to the Board
Exhibit
Book XK 1 page I f a..
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
IN THE MATTER OF RENAMING
COON HUNTERS TRAIL TO
LULA NIXON ROAD (private access easement)
It appearing to the Board of County Commissioners of New Hanover County that
consideration has been given to the renaming of Coon Hunters Trail located near the
540U block of Holly Shelter Road north side and extending north from that point
approximately 21,324 feet. A public hearing was held on Monday. July 6, 2009 at «hich
time all persons were heard on the question of whether or not the renaming would be in
the public interest, and it further appearing that notice of said hearing was transmitted to
all resident owners and prominently posted in at least two (2) locations along said road,
and published in the Star News local newspaper, and the Board of County
Commissioners is of the opinion that said road in Ne A Hanover should be renamed and
the renaming of the same is in the public interest, the description of which is delineated
on the attached map exhibit.
NOW, THEREFORE. IT IS ORDAINED AND DECREED that the above
described road is herebti renamed Lula Nixon Road.
IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the
office of the Register of Deeds of New Hanover County, North Carolina, and that notice
of the action taken by the Board of County Commissioners be transmitted to the
postmaster having jurisdiction over the road, the North Carolina Board of Transportation
and to any city within five (5) miles of said road in accordance with N.C. General Statues
153A-240
Adopted this the 6"' day of July 2009.
-7~'
1 _ _ _
Ted Davis. Jr., Chairm
Attest,
Sheila L. Schult, Clerk to Board
NTV.
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Exhibit
Book x 1 i Page
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE MATTER OF ASSIGNING
STREET HOUSE NUMBERS
LULA NIXON RD
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
ORDER
It appearing to the Board of County Commissioners of New Hanover County that
consideration has been given to the assignment of house numbers on Lula Nixon Rd, a
numerical range of 4000-4299.
WHEREAS, ready and accurate identification of developed property is important
for the delivery of general County services, for the operation of commercial enterprises.
for the response of emergency and public safety vehicles. and for the convenience of the
general public. and
WHEREAS, a comprehensive and systematic property numbering system is an
efficient means of identifying property within the County, and
WHEREAS, such a system will promote the health. safety. and welfare of the
citizens of New Hanover County.
THEREFORE, it further appearing that a public hearing was held on the 5th day
of January, 2009, at which time all persons were heard on the question of whether or not
assigning house numbers would be in the public interest, and it further appearing that
notice of said hearing was prominently posted in at least two (2) locations along said
street, that notice of the time, place and subject matter of the hearing was prominently
posted at the Courthouse, and published in a newspaper of general circulation m the
County
NOW. THEREFORE, it is ordained and decreed that the above House Number
Assignment be made.
It is further ordered that a copy of this ordinance be transmitted to the postmaster
having jurisdiction over the road, to the Board of Transportation, Sheriff's 911 dispatcher
and to any city within five mile of said road in accordance with N.C. General Statues
153A-240.
Adopted this the 6th day of Jul}, 2009.
Attest,
17
Clerk to the Board f
Ted Davis, Jr., Cha an
.1
COUNTY OF NEVI' HANO~'ER SUPBook J✓ Page~7
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
To Locate a Recycling Collection Facility with Processing
in an Al Airport Industrial Zoning District
S-592,6/09
The County Cormnussioners for New Hanover Countv having held a public hearing on July 6. 2009 to
consider application number S-592 submitted by Herbert Carlton Fisher et al for a special use penrut to
locate a cooking oil recycling collection facility with processing in an Al Airport Industrial District
located on tax parcel #R03312-007-004-000, also known as 3121 N. Kerr Avenue, and having heard all of
the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw
the following CONCLUSIONS,
The County Conunissioners FIND AS A FACT that all of the specific requirements set forth in
Section 71-1 and Section 69.14-1 of the County Zoning Ordinance WILL be satisfied if the property
is developed in accordance with the plans submitted to the County Commissioners
It is the County Comrmssioners' CONCLUSION that the proposed use DOES satisfy the first general
requirement listed in the Ordinance, namely that the use will not materially endanger the public health
or safety if located where proposed and developed according to the plan as submitted and approved.
In support of this conclusion, the Commissioners make the following FINDINGS OF FACT-
A. Public water and sewer serves the property
B. The property accesses NT Kerr Avenue, an identified arterial
C. Level of Service on N. Kerr Avenue is rated as F. meaning traffic exceeds the design
capacity and delays of 45-60 seconds occur at intersections
D. Average daily traffic counts along N Kerr Ave in the vicinity increased by about 40%
between 2007 and 2005
E. Traffic Impact Analysis is not required because traffic for this use will not reach the
threshold of 100 peak hour trips
F. Fire Service is available from the Wrightsboro Volunteer Fire Department
G. The property is not located in a flood hazard area
H. The proposed facility is an industrial warehouse in an Airport Industrial zoning district
1. Used cooking oil and grease will be filtered, heated and aerated on the site and then
transported to refineries for further processing into biodiesel fuel.
It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second
general requirement listed in the Ordinance, namely that the use meets all required conditions and
specifications hn support of this conclusion, the Cornnussioners make the following FINDINGS OF
FACT:
A. The property is zoned Al Airport Industrial zoning district. Recycling processing
facilities are allowed only by special use permit in this district under certain conditions
outlined in Sec. 69 14-1(3)
B. The facility and its appurtenant uses shall not be located closer than one hundred and fifty
feet ( 150 ft) to any residentially zoned properties The nearest residentially zoned
property is approximately 385 feet to the west
Pagel of3
C. The facility trust meet the applicable setback and landscaping requirements of the
ordinance This proposal is occupying an existing warehouse facility permitted under
county standards.
D. All loading and exterior storage shall be to the side or rear of the building The site plan
illustrates loading and storage at the side and rear of the building.
E. Storage or loading conducted on the side of the building shall be screened from vieu
from the adjacent right of way Screening is proposed to be added by the applicant along
Cominerce Drive and at the southwest corner of the property
F. All exterior storage shall be in containers or under shelters which are covered and secured
and not visible from residentially zoned property. The process must be conducted in
wholly enclosed tanks
G. The facility must not emit dust, smoke, fumes. or vibrations detectable on adjacent
properties. The process must not create undue noise, smell or emissions effecting
neighboring properties.
H. All other local, state and federal requirements must be met, including possible propem,
upgrades to meet building codes and fire safety codes
4 It is the County Corl nissloners' CONCLUSION that the proposed use DOES satisfy the third
general requirement listed in the Ordinance. namely that the use will not substantially injure the value
of adjoining or abutting property, or that the use is a public necessity In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT:
A. No evidence has been submitted that this project will decrease property values of
surrounding properties hidustrial uses dominate the immediate area.
B. The proposal is the first recycling operation of this type in the county
It is the County Commissioners' CONCLUSION that the proposed use DOES satisfiv the fourth
general requirement listed in the Ordinance, namely that the location and character of the use if
developed according to the plan as subntted and approved will be in harmony with the area in which
it is to be located and in general conformity with the plan of development for New Hanover county
In support of this conclusion, the Commissioners make the following FINDINGS OF FACT
A. The 2006 Land Use Plan Update identifies this area as Transition. The Transition Class is
to provide for future intensive urban development on lands that have been or w111 be
provided with necessary urban services.
B. The Airport Industrial Zoning District is to provide for a planned, restricted industrial
district used for indoor manufacturing and distributive operations compatible with airport
facilities.
C. Policies in the 2006 Land Use Plan encourage industrial uses in locations with adequate
land area, outside enviromnentally sensitive areas and with access to necessary
infrastructure.
6 Therefore, because the County Coinriussioners conclude that all of the general and specific conditions
precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that
the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following
conditions
A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance
for the proposed use, as well as any additional conditions hereinafter stated.
B. If any of the conditions unposed by this special use perniit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction. then this pemiit
shall become N old and of no effect
Page 2 of 3
C. In accordance with Section 71-1(4) of the ordinance, the permit shall become null and void if'
construction or occupancy has not conlinenced within 24 months of the date of this approval
D. Other-
1 The process will not use heat above a temperature of 150 degrees.
All other applicable federal, state and local laws
Ordered this 6"' da\ of July, 2009
71 J
o~t4TY , do Ted Davis, Jr., Chairrkafi
G ~
Attest
4 o
FS T+4BttSI'tEp
Sheila L Schult, Clerk to the Board
Page 3 of 3