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HomeMy WebLinkAbout2003-02-17 RM Exhibits228.7.6 NEW HANOVER COUN1Y BOARD OF COMMISSIONERS RESOLUTION Proclaiming March 2003 Women's History Mo~th WHEREAS, in March 2001, the New Hanover Commission for Women unveiled the Women's Work booklet, featuring local women in history in a whole variety of professions as diverse as politics, farming and media; and WHEREAS, in March 2002, the Commission held a workshop with New Hanover County School Staff to put together the lesson plan booklet and CD for use in history classes; and WHEREAS, on March 15, 2003, the Commission will hold an information fair entitled, Women Alive 2003: Health, Harmony, and Success. ThE purpose of the fair is to offer a variety of resources helpful to women, includins childcare, finance and health. The fair will be held from 10:00 a.m. to 5:00 p.m. ai Westfield Shoppingtown. Independence. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners proclaims March 2003 as "Women's History Month" in New Hanover County. ADOPTED this the 17th day of February, 2003. iíTº~Q: Chairman ATTEST: , ,.. / , nP"V~) ~ Harrell, Clerk to the Board 28.7.7 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the radIO eqUIpment to be used With the Motorola SmartNet 800 MHZ trunkmg radIO system used by the County IS umque to and can only be obtamed from Motorola, Inc , AND WHEREAS, General Statute 143-129(f) allows an exemptIOn from formal bIddmg for purchase contracts when a needed product IS aVaIlable from only one source of supply, AND WHEREAS, the staff establIshed a term contract wIth Motorola, Inc , contract # 97 -0205, as a convemence contract for the County to be aVaIlable to the County as needed to purchase radIOs, AND WHEREAS, contract # 97-0205 was renewed m Apn11999, Apn12001, and February 2002 upon the same terms and condItIOns except the pncmg component was updated and now It IS tIme for the contract to be renewed agam, AND WHEREAS, the renewal of contract # 97 -0205 does not reqUIre any purchases, It IS a term contract for the County's use when and If radIO purchases are needed, AND WHEREAS, many state and local entItIes are on sImIlar term contracts WIth Motorola, Motorola reqUIres all contracts to be on a calendar year, AND WHEREAS, contract provIsIOns of contract # 97 -0205 would remam the same except the pncmg component would be updated wIth a current pncmg proposal from Motorola and the term would extend through December 31,2003, AND WHEREAS, the Emergency Management DIrector, the Fmance DIrector, and the County Manager recommend that the contract be renewed wIth Motorola, Inc, the sole source for thIS eqUIpment, NOW, THEREFORE, BE IT RESOLVED by the Board of County CommIssIOners of New Hanover County that the contract # 97 -0205 for radIO eqUIpment, IS renewed and awarded to Motorola, Inc , and that the County Manager IS hereby authonzed and dIrected to execute the contract, contract form to be approved by the County Attorney ThIS 17th day of February, 2003 (SEAL) 1{h~a-~f County CommIssIoners 28.7.8 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the New Hanover County FIre DIstnct has a surplus 1977 Ford PIerce Pumper located at the New Hanover County FIre Department StatIOn # 51, VehIcle IdentIficatIOn # D80DVY92229, AND WHEREAS, the Old Dock/Cypress Creek Volunteer FIre Department has offered to purchase the surplus umt for two thousand dollars ($2,000 00), AND WHEREAS, a budget amendment # 03-0126 has been prepared to provIde for proper accountmg of the transactIOn and IS submItted for approval, AND WHEREAS, the County Manager, the Fmance Director, and the County Fire Chief recommend approval ofthe sale, AND WHEREAS, pursuant to General Statute 160A-267, the County Board of CommIssIOners IS authonzed to approve such sale, NOW, THEREFORE, BE IT RESOLVED by the Board of County CommIssIOners of New Hanover County that the surplus 1977 Ford PIerce Pumper be sold to the Old Dock/Cypress Creek Volunteer Fire Department through a pnvate sale pursuant to G S 160A-267 for two thousand dollars ($2,000 00) and budget amendment # 03-0126 budgetl11g the proceeds from the sale IS approved and that the County staff IS dIrected to process any reqUIred documents to consummate the transactIOn This 17th day of February, 2003 (SEAL) Í&æfbDrcounty CommIsSIoners 28.7.9 CONSENT AGENDA DATE ITEM NO NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU 1/31/03 CURRENT TAX YEAR - 2002 ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED AD VALOREM $ 104,590,76269 4,147,44664 24U4289 $ 108,496,86644 MOTOR VEHICLE $ 6,160,47122 11,369 25 69,664 85 $ 6,102,17562 ADVERTISING FEES CHARGED LISTING PENAL TIES CHARGED CLEANING LIENS CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENT AGE COLLECTED 00 94,561 52 00 $ 108,591,42796 - 101,953,298 16 $ 6,638,129 80 93 89%* $ 00 00 00 6,102,17562 4,493,889 76 1,608,285 86 7364%* $ BACK TAXES REAL ESTATE AND PERSONAL PROPERTY CHARGES ADDED LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENT AGE COLLECTED $ 4,109,991 72 99,759 14 177,713 08 $ 4,032,037 78 1,510,48294 $ 2,521,55484 3746% RENTAL VEHICLE TAX COLLECTIONS ROOM OCCUPANCY TAX COLLECTIONS PRIVILEGE LICENSE COLLECTIONS $ JAN 2003 17,57545 83,390 68 155 50 $ FISCAL YTD 146,680 39 1,904,11669 11,376 72 TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR NEW HANOVER COUNTY, CITY OF WILMINGTON, WRIGHTSVILLE BEACH, CAROLINA BEACH AND KURE BEACH TO DATE - $157,290,581 82 THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1, 2002 RESPECTFULLY SUBMITTED, 1)', {}- - Á- rn (,If..; ^. \) ~'-J nr-J PATRICIA J RA¥MOR COLLECTOR OF REVENUE * COMBINED COLLECTION PERCENT AGE - 92 81 % 28.7.9 CONSENT AGENDA DATE:_________ ITEM NO.______ NEw HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS COLLECTIONS THRU 01/31/03 CURRENT TAX YEAR - 2002 --------------~~-----~- ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADOED LESS ABATEMENTS TOTAL TAXES CHARGED LISTING PENALTIES CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED BACK TAXES .----------- REAL ESTATE AND PERSONAL PROPERTY $ CHARGES ADDEO LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED THIS REPORT IS FOR FISCAL YEAR 8EGINNING RESPECTFULLY SU8MITTED, CV t-m I ~ I... 91. -~-A\j"'OI" PATRICIA J. RAYNOR . \i COLLECTOR OF REVENUE --..------------- AD VALOREM t 2,610,119.32 141,128.16 50,419.80- ...------------- $ 2,166,821.68 2,411.83 -------....------ $ 2,169,305.51 2,612,665.44- -----.......-----.. $ 156,640.07 94.34%* 98,980.41 4,209.96 6,656.95- --------------- $ 96,533.42 36,111.98- -~.._------------ $ 60,415.44 37.42% JULY 1, 2002. * COMBINED COLLECTION PERCENTAGE - 93.05% MOTOR VEHICLE --------------- $ 199,108.24 583.68 2,223.82- --------------- $ 191,468.10 .00 ...-.----------- $ 191,468.10 141,902.66- ...------.------ $ 49,565.44 14.90%* 28.7.10 72 {j 2<6. 7, /0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION LEVYING THE THIRD ONE-HALF PERCENT (1/2%) LOCAL GOVERNMENT SALES AND USE TAX AND PRESCRIBING THE METHOD OF DISTRIBUTION OF THE PROCEEDS WITHIN NEW HANOVER COUNTY WHEREAS, the General Assembly has authorized the New Hanover County Board of COllli11lSSIOners to levy a one-half percent (1/2%) local sales and use tax by enacting N C G S 105-517(b) m SectIOn 34 14(a) of SessIOn Law 2001-424, and, WHEREAS, the New Hanover County Board of CommissIOners held the publIc heanng on the issue of adoptmg tills resolution on July 8, 2002, as reqUIred by N C G S 1 05-517(b) and proper publIc notIce of the Board's mtent to consIder tills resolution was provIded as reqUIred by N C G S 105-517(b), and, WHEREAS, the General Assembly levIed a one-half percent (1/2%) State sales tax effective October 16,2001, by enactmg SectIOn 34 14(a) of SessIOn Law 2001-424, and this tax explres July 1, 2003, the same day the sales and use tax levIed hereby becomes effectIve, and as a result the Board's actIOn herem will not result m an mcreased sales and use tax for the consumer, and, WHEREAS, New Hanover County lost $45 mIllIon In funds made avaIlable by the State of North Carolma to replace revenue lost because of legislatIve actIOn (1) to repeal sales taxes Imposed on purchases made wIth Food Stamps, (2) to repeal property taxes Imposed on Inventones held by manufacturers, retaIlers, and wholesalers, (3) to repeal taxes on intangible personal property, and, (4) to reduce taxes levied on resIdentIal property owned by low-income elderly taxpayers, and, WHEREAS, the New Hanover County Board of COffiffi1SSIOners hereby finds that, partIcularly in lIght of the CIrcumstances cited herem, the levy of the Third One-Half Percent (1/2%) Local Government Sales and Use Tax IS necessary to adequately finance the operatIOns of the County and the cIbes and towns herem NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of COl11111lSSIOners (1) Imposes and levIes wIthm New Hanover County the Third One-Half Percent (1/2%) Local Government Sales and Use Tax authonzed by SectIOn 34 14(a) of SesslOn Law 2001-424 and codified as ArtIcle 44 of Chapter 105 of the General Statutes of North CarolIna The tax shall apply to the same extent and be subject to the same lImItatIOns as are set forth in smd SessIOn Law 2001-424 " (2) Collection of the tax by the North Carolina Secretary of Revenue, and habIlIty therefore, shall begm and continue on and after July 1, 2003 (3) The net proceeds of the tax levIed herein would be dIstributed by the Secretary of Revenue on a monthly basIs to New Hanover County as prescnbed by N C G S 105-520 The amount dIstnbuted to New Hanover County would be dIvIded among the County and the murucipahtIes herem m accordance wIth the method by whIch the one percent (1%) sales and use taxes levIed m New Hanover County pursuant to ArtIcle 39 of General Statutes Chapter 105 are dIstnbuted (4) ThIs ResolutIOn IS effectIve upon ItS adoption, and a certIfied copy hereof shall be forwarded to the North Carolma Secretary of Revenue Adopted thIs 17th day of February 2003 ÍJ (1(}. Ted DavIs, Jr , Chalfffian ('~-,,,:/ ;;x/~ Lue F Harrell, Clerk to the Board 28.7.11 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, APPROVING THE INSTALLMENT FINANCING AND/OR REFINANCING OF WATER AND SEWER, FIRE STATION, ADMINISTRATION BUILDING AND AIRPORT PROJECTS AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH WHEREAS, the Board of CommIssIOners (the "Board") of the County of New Hanover, North Carolma (the "County"), desIres to provIde for the acqUIsItIOn, constructIOn, renovatIOn and eqUIppmg of certam water and sewer, fire statIOn, admmIstratIOn bUIldmg and aIrport projects (collectIvely, the "FacIlItIes"), and WHEREAS, the Board proposes to finance and/or refinance the cost of the FacIlItIes through an mstallment financmg agreement (the "Contract") wIth the New Hanover County Fmancmg CorporatIOn, WIlmmgton, North Carolma (the "CorporatIOn"), oblIgatmg the County to repay m mstallments the amount financed and/or refinanced at a fixed annual mterest rate of not more than 7% over a term not exceedmg 26 years, resultmg In a total amount financed and/or refinanced not to exceed $42,000,000 (excludIng reserves and costs of Issuance), and WHEREAS,pursuanttotheNorthCarolInaGeneraIStatutes("N C G S ")SectIOn 160A-20, the County IS authorIzed to finance and/or refinance the cost of the acqUIsItIOn, construction, renovatIOn and eqUIppmg of the FacIlItIes by entenng mto the Contract and a deed of trust, whIch create m all or a portIOn of the FacIlItIes and the sItes on whIch they are located, a secunty mterest to secure payment of the oblIgatIOn thereby created, and WHEREAS, subject to the pnor approval of the Local Government CommIssIOn of North Carolma (the "LGC") pursuant to N C G S SectIOn 159-148, the County mtends to finance and/or refinance the cost of the FacIlItIes pursuant to SectIOn 160A-20 by executmg and delIvenng to the CorporatIOn the Contract facIlItatmg such financmg and/or refinancmg, and WHEREAS, the County staff has advIsed the Board, and the Board hereby finds and determmes, that the County must acqUIre, construct, renovate and eqUIp the FacIlItIes m order to mamtaIn and enhance the County's governmental/admmIstratIve facIlItIes to enable the County to perform Its publIc functIOns, and that the FacIlItIes wIll benefit the County and ItS resIdents, and WHEREAS, the Board conducted a publIc heanng on the date hereof to receIve publIc comment on the desIrabIlIty of mstallment financmg and/or refinancmg for the FacIlItIes and cetam sItes thereof, and the Board receIved eVIdence supportmg the need for such financmg and/or refinancmg, and WHEREAS, the Board finds and determmes that the undertakmg IS necessary and expedIent for the aforesaId reasons and that the FacIlItIes and certam sItes thereof be financed and/or refinanced under the terms, condItIOns and parameters heretofore stated and to be further determmed wIth more partIcularIty at a later date by the County Manager or Fmance DIrector, and WHEREAS, the sums to fall due under the Contract can be mcluded m the County's budget wIthout dIfficulty, and WHEREAS, the above factors lead to the conclusIOn that the payments under the Contract are not exceSSIve for the stated purposes of acqumng, constructmg, renovatmg and eqUIppmg the FaCIlItIes, as the case may be, and WHEREAS, the County Attorney has advIsed the County that the FacIlItIes are authorIzed by law and are purposes for whIch publIc funds may be expended pursuant to the ConstItutIOn and laws of the State of North CarolIna, and WHEREAS, the Board finds and determmes that short-term or pay-as-you-go financmg for the FacIlItIes would Impose strams on the County's abIlIty to fund general operatIOns and educatIOn wIthout a sIgmficant tax mcrease, and WHEREAS, use of the County's unoblIgated fund balance to finance the cost of the FacIlItIes would reduce the fund below the gUIdelInes establIshed by the LGC and would not be m the County's best mterest, and WHEREAS, mstallment contract financmg and/or refinancmg would be preferable to general oblIgatIOn bond financmg because a general oblIgatIOn bond authonzatIOn probably could not be perfected m a tImely manner and would not permIt the alternatIve financmg structures and repayment provIsIOns aVaIlable m the proposed, negotIated mstallment contract financmg, and WHEREAS, the proposed cost offinancmg and/or refinancmg the FacIlItIes and certam sItes thereof IS too great an amount to be funded by current appropnatIOns, and WHEREAS, the Board finds and determmes that mstallment contract financmg and/or refinancmg IS therefore the most vIable and efficIent alternatIve and that the cost of such financmg and/or refinancmg IS reasonable, and WHEREAS, past audIt reports of the County mdIcate that ItS debt management and contract oblIgatIOns payment polIcIes have been carned out m stnct complIance wIth the law and the County has not been censured by the LGC, external audItors, or any other regulatory agencIes m connectIOn wIth such management, and WHEREAS, the Board estnnates that the County's ad valorem tax rate wIll not be sIgmfIcantly mcreased m order to sustam the proposed financmg and/or refinancmg, and WHEREAS, the County IS not m default m meetmg any of ItS debt servIce or contract oblIgatIOns, and WHEREAS, It IS the Board's mtentIOn to adopt thIS ResolutIOn for the purpose of authorIzmg the acqUIsItIOn, constructIOn, renovatIOn and eqUIppmg of the FacIlItIes, makmg certam findmgs and determmatIOns wIth respect thereto and desIgnatmg certam financIal and legal consultants m connectIOn therewIth NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, as follows SectIOn 1 The Board hereby finds and determmes m connectIOn wIth the Contract and the transactIOns contemplated thereby that (a) such Contract IS necessary or expedIent to the County, (b) such proposed Contract, under current circumstances, IS preferable to a bond Issue of the County for the same purpose, (c) the sums estImated to fall due under such Contract are adequate and not exceSSIve for Its proposed purpose, (d) the County's debt management procedures and polIcIes are good and Its debt WIll contmue to be managed m stnct complIance wIth the law, (e) any mcrease m taxes necessary to meet the sums estImated to fall due under the Contract WIll not be excessIve and (f) the County IS not m default regardmg any of Its debt servIce oblIgatIOns SectIOn 2 The Board hereby desIgnates the followmg legal and financIal consultants m connectIOn wIth the proposed mstallment financmg LeBoeuf, Lamb, Greene & MacRae, L L P , SpecIal Counsel BB&T CapItal Markets, Managmg UnderwrIter Banc of Amenca SecuntIes L L C, Co-Managmg UnderwrIter FIrst-CItIzens Bank & Trust Company, Trustee SectIOn 3 ThIS ResolutIOn shall become effectIve nnmedlately upon ItS adoptIOn ThIS IS the 17th day of February, 2003 J;;7!Jf2l Ted DavIs, Jr, Cha~an 28.7.11 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS The Board of CommIssIOners of the County of New Hanover (the "County") held a meetmg at the HIstonc New Hanover County Courthouse, 24 North ThIrd Street, Room 301, WIlmmgton, North Carolma on February 17, 2003 at 900 a m The followmg CommIssIOners were Present Ted DavIs, Jr, ChaIrman Robert G Greer, VIce-ChaIrman WIllIam A Caster, CommIssIOner JulIa Boseman, CommIssIOner Nancy Pntchett, ComrmssIOner Absent None Also present were Allen O'Neal, County Manager Wanda M Copley, County Attorney LucIe F Harrell, Clerk to the Board The ChaIrman announced that thIS was the hour, day and place fixed for the publIc hearmg for the purpose of consIdenng whether the Board of CommIssIOners for the County (the "Board") should approve a proposed mstallment financmg agreement under WhICh the County would obtam financmg and/or refinancmg under SectIOn 160A-20 of the North CarolIna General Statutes, as amended, for water and sewer, fire statIOn, admmIstratIOn bUIldmg and aIrport projects (collectIvely, the" FacIlItIes"), as descnbed m the notIce of publIc heanng that was publIshed on February 6, 2003 m the WIlmmgton Mornmg Star News, and under WhICh the County would secure the repayment by It of moneys advanced pursuant to such mstallment financmg agreement by grantmg a secunty mterest m a portIOn of the FacIlItIes and certam related property The County Manager and Fmance DIrector then descnbed the FacIlItIes as currently proposed and presented a draft of an mstallment financmg agreement between the County and New Hanover County Fmancmg CorporatIOn (the "CorporatIOn"), as well as certam other related documents m the forms of drafts of an Indenture of Trust between the CorporatIOn and FIrst- CItIzens Bank & Trust Company, as trustee, and a Deed of Trust and Secunty Agreement between the County and a deed of trust trustee CopIes of these and other related documents have been on file wIth the Fmance DIrector The ChaIrman then announced that the Board would ImmedIately hear anyone who mIght wIsh to be heard on such matters, and no one asked to be heard The Clerk to the Board of CommIssIoners announced that no wntten statement related to such matters had been receIved Thereupon, the Board determmed to proceed wIth the proposed financmg and/or refinancmg of the FacIlItIes and to approve such proposed mstallment financmg arrangement Thereupon the ChaIrman announced that the public hearing was closed Thereupon ComrmssIOner Caster mtroduced the followmg resolutIOn WhICh was read by tItle, and moved It be adopted "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, APPROVING THE INSTALLMENT FINANCING AND/OR REFINANCING OF WATER AND SEWER, FIRE STATION, ADMINISTRATION BillLDING AND AIRPORT PROJECTS AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH WHEREAS, the Board of CommIssIOners (the "Board") of the County of New Hanover, North Carolma (the "County"), desIres to provIde for the acqUIsItIOn, constructIOn, renovatIOn and eqUIppmg of certam water and sewer, fire statIOn, admmIstratIOn buIldmg and aIrport projects (collectIvely, the "FacIlItIes"), and WHEREAS, the Board proposes to finance and/or refinance the cost of the FacIlItIes through an mstallment financmg agreement (the "Contract") wIth the New Hanover County Fmancmg CorporatIOn, WIlmmgton, North Carolma (the "CorporatIOn"), oblIgatmg the County to repay m mstallments the amount financed and/or refinanced at a fixed annual mterest rate of not more than 7% over a term not exceedmg 26 years, resultmg m a total amount financed and/or refinanced not to exceed $42,000,000 (excludmg reserves and costs of Issuance), and WHEREAS, pursuant to the North Carolma General Statutes ("N C G S It) SectIOn 160A-20, the County IS authorIzed to finance and/or refinance the cost of the acqUIsItIOn, constructIOn, renovatIOn and eqUIppmg of the FacIlItIes by entenng mto the Contract and a deed of trust, whIch create m all or a portIOn of the FacilItIes and the sItes on WhIch they are located, a secunty mterest to secure payment of the oblIgation thereby created, and WHEREAS, subject to the pnor approval of the Local Government CommIssIOn of North Carolma (the "LGC") pursuant to N C G S SectIOn 159-148, the County mtends to finance and/or refinance the cost of the FacIlItIes pursuant to SectIOn 160A-20 by executmg and delIvenng to the CorporatIOn the Contract facIlItatmg such financmg and/or refinancmg, and WHEREAS, the County staff has advIsed the Board, and the Board hereby finds and determmes, that the County must acqUIre, construct, renovate and eqUIp the FacIlItIes m order to mamtam and enhance the County's governmental/admmIstratIve facIlItIes to enable the County to perform ItS publIc functIOns, and that the FacIlItIes wIll benefit the County and ItS resIdents, and 2 · . WHEREAS, the Board conducted a publIc hearIng on the date hereof to receIve publIc comment on the desIrabIlIty of Installment financmg and/or refinancmg for the FacIlItIes and cetam sItes thereof, and the Board receIved eVIdence supportmg the need for such financmg and/or refinancmg, and WHEREAS, the Board finds and determmes that the undertakmg IS necessary and expedIent for the aforesaId reasons and that the FacIlItIes and certam sItes thereof be financed and/or refinanced under the terms, condItIOns and parameters heretofore stated and to be further determmed wIth more partIculanty at a later date by the County Manager or FInance DIrector, and WHEREAS, the sums to fall due under the Contract can be mcluded m the County's budget wIthout dIfficulty, and WHEREAS, the above factors lead to the conclusIOn that the payments under the Contract are not exceSSIve for the stated purposes of acqumng, constructmg, renovatmg and eqUIppmg the FacIlItles, as the case may be, and WHEREAS, the County Attorney has advIsed the County that the FacIlItIes are authonzed by law and are purposes for WhICh publIc funds may be expended pursuant to the ConstItutIOn and laws of the State of North CarolIna, and WHEREAS, the Board finds and determmes that short-term or pay-as-you-go financmg for the FacIlItIes would Impose strams on the County's abIlIty to fund general operatIOns and educatIOn wIthout a sIgmficant tax mcrease, and WHEREAS, use of the County's unoblIgated fund balance to finance the cost of the FacIlItIes would reduce the fund below the gUIdelInes establIshed by the LGC and would not be m the County's best Interest, and WHEREAS, mstallment contract financmg and/or refinancmg would be preferable to general oblIgatIOn bond financmg because a general oblIgatIOn bond authonzatIOn probably could not be perfected m a tlmely manner and would not permIt the alternatIve financmg structures and repayment provIsIOns aVaIlable m the proposed, negotIated Installment contract financmg, and WHEREAS, the proposed cost of financmg and/or refinancmg the FacIlItIes and certam sItes thereof IS too great an amount to be funded by current appropnatIOns, and WHEREAS, the Board finds and determmes that mstallment contract financmg and/or refinancmg IS therefore the most vIable and efficient alternatIve and that the cost of such financmg and/or refinancmg IS reasonable, and WHEREAS, past audIt reports of the County mdIcate that Its debt management and contract oblIgatIOns payment polIcIes have been carrIed out m stnct complIance wIth the law and the County has not been censured by the LGC, external audItors, or any other regulatory agencIes m connectIOn wIth such management, and 3 · . WHEREAS, the Board estnnates that the County's ad valorem tax rate WIll not be sIgmfIcantly mcreased III order to sustam the proposed fmancmg and/or refinancmg, and WHEREAS, the County IS not m default m meetmg any of ItS debt servIce or contract oblIgatIOns, and WHEREAS, It IS the Board's mtentIOn to adopt thIS ResolutIOn for the purpose of authonzmg the acqUIsItIOn, constructIOn, renovatIOn and eqUIppmg of the FacIhtIes, makmg certam findmgs and determmatIOns wIth respect thereto and desIgnatmg certam financIal and legal consultants m connectIOn therewIth NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, as follows SectIOn 1 The Board hereby finds and determmes III connectIOn wIth the Contract and the transactIOns contemplated thereby that (a) such Contract IS necessary or expedIent to the County, (b) such proposed Contract, under current cIrcumstances, IS preferable to a bond Issue of the County for the same purpose, (c) the sums estimated to fall due under such Contract are adequate and not exceSSIve for Its proposed purpose, (d) the County's debt management procedures and polIcIes are good and Its debt WIll contmue to be managed m stnct comphance wIth the law, (e) any mcrease m taxes necessary to meet the sums estImated to fall due under the Contract WIll not be exceSSIve and (f) the County IS not m default regardmg any of ItS debt servIce obhgatIOns SectIOn 2 The Board hereby desIgnates the followmg legal and financIal consultants m connectIOn wIth the proposed mstallment financmg LeBoeuf, Lamb, Greene & MacRae, L L P , SpecIal Counsel BB&T CapItal Markets, Managmg UnderwrIter Banc of Amenca SecuntIes L L C, Co-Managmg UnderwrIter FIrst-CItIzens Bank & Trust Company, Trustee SectIOn 3 ThIS ResolutIOn shall become effectIve ImmedIately upon Its adoptIOn ThIS IS the 17th day of February, 2003 " ***** CommIssIOner Greer seconded the motIon and the motIon was adopted by the followmg vote Ayes Ted DavIs, Jr , ChaIrman Robert G Greer, VIce-ChaIrman WIlham A Caster, CommIssIOner Nancy Pntchett, CommIssIoner Nays Juha Boseman, CommIssIOner 4 ¡..~ ." AFFIDAVIT OF PUBLICATION ST A TE OF NORTH CAROLINA COUNTY OF NEW HANOVER NOTICE OF PUBLIC HEARING , ON WHETHER THE I BOARD OF COMMISSION- I ERS FOR THE COUNTY OF NEW HANOVER, NORTH ' CAROLINA SHOULD AP- PROVE A PROPOSED IN- STALLMENT FINANCING I AGREEMENT TO FINANCE AND/OR REFINANCE THE ' COSTS OF VARIOUS , PROJECTS NOTICE IS HEREBY GIVEN! that the New Hanover I County Board of Commls- ! , Sloners (the "Board") will hold a public heanng on II February 17 2003 at 9 00 a m In Room 301 of the Hlstonc New Hanover I County Courthouse, 24 North Third Street WII- I mlngton North Carolina , for the purpose of con- sldenng whether the Board of County Commls- , sloners for the County of I New Hanover, North' Carolina (the "County")" should approve a pro-' posed Installment fl-, nanClng agreement and I certain related docu- ments under which the ' County would obtain fi- nanCing or refinancing pursuant to G S § 160A- 20, as amended, for the I cost of the Projects here- Inafter descnbed and un- der which the County would secure the repay- ment of mOnies advanced pursuant to such Install- And at the lime of such publIcatlon WIlmIngton Star-Ncws was a newspaper meetIng all thc ment financing agree- d al fi b d b S G S f C ment by,grantlng a secu- I reqUirements an qu Ilcatlonsprescn e Y~NO, 1-59.,7{J~O N _ ' ' nty Interest In certain of , the Projects and related ' property The Projects consist of (a) the con-, structlon of the King's I Grant Sewer Distribution System, including related I ~''1 TItle CLASSIF~ ADVER. MGR water lines and road Im- I I / provements, In the cen- ~rn or affirmed to, and sUbscr. I~d before me thIS day of tral part of the County. (b) I . /J ¡ d~ ' A D _ 'YJ/'í'. _ the construction of the -Y-, «,..-{ UL/(...( , Middle Sound Sewer Dls- I tnbutlon System Includ-' In Testlmon hereof, I have hereunto set my hand and affixcd my officIal seal, thc day and Ing gravity collection I' - mains and pump station year aforesaId {1Z~:S:ilÞ~__ ',1" force mains and related I ' road Improvements, In, the northeastem part of the County (c) the con- struction of the Brookfield I Bnerwood Water and' Sewer System In the cen- V tral part of the County (d) I ) hL t!& ' the renovation of the I My commISSIOn eXPIres' day OfU!ßIj , 20 ~- passenger terminal bUilding at the Wllmlng- I ton International Airport, I " 1e aforegolllg affidavIt WIth the advertIsement thereto annexed It IS adjudged by the Court that the saId I properly made, and that the summons has been duly and legally served on the defendant(s) ( of ¡ PI 1: , Before the undersIgned, a Notary PublIc of SaId County and State, DIANE P. KEENAN Who, bcmg duly sworn or affirmed, accordIng to the law, says that hc/she IS CLASSIFIED ADVERTISING MANAGER of THE WILMINGTON STAR-NEWS, INC , a corporatIOn orgamzed and domg busmess under the Laws of the State of North CarolIna, and publIshmg a ncwspaper known as WILMINGTON MORNING STAR & SUNDAY STAR-NEWS III the CIty ofWllmmgton NOTICE OF PUBLIC HEARING ON WHETHER THE BOARD OF COMMISSIONERS FOR THE COUNTY OF NEW HANOVER, NORTH CAROLINA SHOULD APPROVE A PROPOSED INSTALLMENT FINANCING AGREEMENT TO FINANCE AND/OR REFINANCE THE COSTS OF VARIOUS PROJECTS NOTICE IS HEREBY GIVEN that t was mserted III the aforesaId newspaper m space, and on dates as follows 2/6 Ix , Notary PublIc Clerk of Supcnor Court 28.7.12 PROJECT ORDINANCE ADDITIONS TO ADMINISTRATIVE ANNEX BE IT ORDAINED, by the Board of Commissioners of New Hanover County: 1. New Hanover County(County) is engaged in the Construction of the Additlons to the Administrative Annex, which capital project involves the constructlon and/or acqulsltlon of capital assets. 2. County desires to authorlze and budget for said project in a proJ ect ordinance adopted pursuant to North Carollna General Statute $159-13.2, such ordinance to authorize all appropriations necessary for the completion of said project. NOW, THEREFORE, WITNESSETH THAT: 1. This proj ect ordinance is adopted pursuant to North Carollna General Statute $159-13.2. 2. The project undertaken pursuant to this ordinance is the Constructlon of the Addltlons to the Administrative Annex Capital ProJect, which proJect lS herewith authorized. 3. The revenue that will finance said project lS: Sale of Property $1,100,640 Installment Loan Proceeds 2,777,040 Total $3,877,680 4. The followlng approprlatlons necessary for the project are herewlth made from the revenue listed above: Capital Project Expense Total $3,877,680 $3,877,680 5. This project ordinance shall be entered in the minutes of the Board of CommlSSloners of New Hanover County. Withln flve days hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover County, and wlth the Clerk to the Board of CommlSSloners of New Hanover County. Adopted thlS J1;/A. day Of\~ , 2003. CfA:J \jt' yý~ Clerk to the Board ¡dr1-0· 'Ted Davis, Jr., Chalrman Board of County Commissioners 28.7.12 PROJECT ORDINANCE AIRPORT IMPROVEMENTS PROJECT BE IT ORDAINED, by the Board of Commissloners of New Hanover County' 1. New Hanover County(County) is engaged ln the Construction of the Alrport Improvements ProJect, which capital project lnvolves the construction and/or acqulsltlon of capital assets. 2. County desires to authorize and budget for sald proJect ln a project ordlnance adopted pursuant to North Carollna General Statute $159-13.2, such ordinance to authorize all appropriations necessary for the completion of said project. NOW, THEREFORE, WITNESSETH THAT: 1. ThlS proj ect ordlnance is adopted pursuant to North Carolina General Statute $159-13.2. 2. The proJect undertaken pursuant to this ordinance is the Constructlon of the Alrport Improvements Project Capital Project, WhlCh project is herewith authorized. 3. The revenue that will flnance sald proJect lS: Transfer from General Fund $ 800,000 Installment Loan Proceeds 3,800,000 Total $4,600,000 4. The following appropriations necessary for the project are herewith made from the revenue listed above: Capital ProJect Expense Total $4,600,000 $4,600,000 , - J .' 5. ThlS project ordinance shall be entered in the minutes of the Board of Commissioners of New Hanover County. Within five days hereof, coples of thlS ordinance shall be filed wlth the flnance and budget offlces ln New Hanover County, and wlth the Clerk to the Board of Commlssioners of Adopted this )7 4 New Hanover County day Of~ , 2003. oz..~-v( y/~ ~k to the Board 1d fJkO· Ted Davls, Jr., Chairman Board of County Commissioners 28.7.13 RESOLUTION FEBRUARY 17,2003 SUBJECT BIke/PedestrIan Lanes around MIddle Sound Loop Road SUBMITTED TO New Hanover County Board of CommIssioners SUBMITTED BY: Middle Sound Bike/Walk CommIttee 1 WHEREAS, Middle Sound Loop Road offers a unique setting for the constructIOn of bicycle lanes, provIdIng alternative transportation access to the entIre Middle Sound peninsula; and 2. CONSIDERING, Bike lanes on MIddle Sound Loop Road are part of the New Hanover County-Wilmington BIcycle AdvIsory CommIttee Bike Route Network Plan, and 3. KEEPING IN MIND, Both ArtIcle V Section 52-11 of the WllmingtonlNHC 000 and Part D Section 2 3 of the WilmingtonlNHC Comprehensive Plan encourage the development of bIke and/or pedestrian ways throughout the county, and 4 INASMUCH AS, Bicycle and pedestrian access from Middle Sound neIghborhoods to Ogden Elementary School and the surrounding community is desIrable and needed, and 5 RECOGINIZING, The planned mstallatIOn of samtary sewer hnes, roadside culverts, and scheduled roadway widemng mcludIng shoulder improvements present a unique opportumty for the concurrent constructIOn of planned bike lanes, therefore, be It RESOL VED, That the New Hanover County Board of CommIssIOners, supports the constructIOn of bIke lanes around MIddle Sound Loop Road and respectfully requests that the NCDOT consIder an mcrease In fundIng to eXIstIng roadway Improvement project No. 7.2521124 to mclude bIke lanes for MIddle Sound Loop Road ~~Qh'amnan 28.7.14 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, General Statute 160A-266(c) authonzes the Board of County CommIssioners to adopt regulatIons settmg procedures for disposal of personal property valued at less than five-thousand dollars ($5,000 00) for anyone Item or group of Items, and AND WHEREAS, the County has an eXlstmg disposal procedure authorized by tIle Board of County CommIssioners allowmg for disposal by the Fmance Director of personal property valued at less than one- thousand dollars ($1,000 00) for anyone Item or group of Items, AND WHEREAS, the adoptIOn such regulatIOns to mcrease the lImit to less than five-thousand dollars ($5,00000) can provide for more efficient and economical disposal of such personal property, NOW, THEREFORE, BE IT RESOLVED THAT 1 The County Fmance Director IS authonzed to declare surplus any County personal property valued at less than five-thousand dollars ($5,000 00) for anyone Item or group of Items, to set ItS fair market value, and to convey title to the property for the County m accordance with the procedures establIshed m thIS resolutIOn, and 2 The County Fmance Director may select the method of disposal of such personal property that, m hIS Judgement, represents the most efficient and economical procedure for disposal of said property The method of disposal selected by the County Fmance Director may, but need not, provide for publIshed notice, and may provide for eIther publIc or pnvate exchanges or sales, and 3 The County Fmance Director shall, on the first day of February of each year, report m wntmg to the Board of Commissioners on any property disposed of, under the authonty granted by this resolutIOn, from July 1 through December 31 of the prevIous year, and shall on the first day of August of each year report m wntmg to the Board of Commissioners on any property disposed of under such authorizatIOn from January 1 through June 30 of that year The wntten report shall generally descnbe the property sold or exchanged, the method of sale or exchange, to whom It was sold or with whom exchanged, and the amount of money or other consideratIOn received for each sale or exchange, and 4 The County Fmance Director IS authorized to execute all documents and papers and to do such other and further acts as may be required and necessary m order to effectively and legally carry out and complete the sales and exchanges authonzed by this resolutIOn Adopted, this 17th day of February, 2003 ~a~~a~n Board of County Commissioners