The URL can be used to link to this page

2003-05-19 RM Exhibits 28.12.1 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, pursuant to General Statue 163 -82 10 the county Board of ElectIOns shall maIntam custody of the officIal registratIOn records of all voters In the county and shall keep them In a place where they are secure, AND WHEREAS, the voter registratIOn fonn]s developed by the state Board of ElectIons to be used by all countIes In North CarolIna, AND WHEREAS, based on the voter regIstratIOn form spec1ficatlOns and the reqUIrements for secunty and use w]thm the ElectIOns Office, the ElectIons Office standardIzed on the record filmg system manufactured by Kardex, Inc In 1989, AND WHEREAS, Kardex, Inc has certIfied to the County that Patterson BusIness Systems, Inc , ]S the sole dlstnbutor of theIr Kardex products m the state of North CarolIna, AND WHEREAS, General Statute 143-129(f) allows an exemptIon from formal b]ddmg for purchase contracts when a needed product]s available from only one source of supply, AND WHEREAS, the County has negotiated a purchase pnce of seventy-one thousand, seven hundred forty-two dollars ($71,742 00) for three Lektnever 102 umts wIth a trade-In amount ofmne thousand dollars ($9,000 00) for the County's exJtmg filmg umts (F]xed Asset # 010066, senal numbers 4158, 5294, 4996) resultIng In a net payment amount of SIXty-two thousand, seven hundred forty-two dollars ($62,742 00), AND WHEREAS, budget amendment # 03-0188 budgetmg the trade-In transactIOn ]S subrrutted for approval, AND WHEREAS, the ElectIOns D]rector, the Fmance D1fector and the County Managerrecommend that contract # 03-0274 WIth Patterson Busmess Systems, Inc , ofRale]gh, North CarolIna, the sole source for the purchase ofthree Lektnever 102 umts at a purchase pnce of seventy-one thousand, seven hundred forty-two dollars ($71,74200) and the sale through trade-In of three filIng umts (F]xed Asset # 010066, senal numbers 4158,5294,4996) rn the amount of nmethousand dollars ($9,00000) resultIng In a net payment amount of SIXty-two thousand, seven hundred forty-two dollars ($62,742 00) be approved, AND WHEREAS, funds are aVallable and appropnated and rnAccount No 110-410-4170-1000-6400 to coverth1s contract, - NOW, THEREFORE, BE IT RESOLVED by the Board of County ComrrusslOners of New Hanover County that contract # 03-0274 WIth Patterson Busmess Systems, Inc, ofRale]gh, North CarolIna, the sole source for the purchase ofthree Lektnever 102 unItS at a purchase pnce of seventy-one thousand, seven hundred forty-two dollars ($71,74200) and the sale through trade-m of three filmg unItS (F]xed Asset # 010066, senal numbers 4158, 5294, 4996) In the amount of mne thousand dollars ($9,000 00) resultmg rn a net payment amount of SIXty-two thousand, seven hundred forty-two dollars ($62,74200) IS approved, and that the County Manager IS hereby authonzed and d1fected to execute the contract, contract fonn to be approved by the County Attorney, and that budget amendment # 03-0188 IS approved ThIs 19th day of May, 2003 (SEAL) unty ComrrusslOners 28.12.2 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the formal blddmg thresholds m the New Hanover County Purchasmg Pohcy are estabhshed m accordance wIth hmlts Imposed by North Carolma General Statutes, AND WHEREAS, as a result ofthe General Assembly mcreasmg the formal bId threshold for purchase contracts and constructlon contracts, County staffhave revIsed the County Purchasmg Pohcy to reflect the hmlts estabhshed m G S 143-129(a), AND WHEREAS, the procedure for the disposal of County personal property IS estabhshed m accordance wIth mstructlons Imposed by North Carolma General Statutes, AND WHEREAS, General Statute 160A-266( c) reqUlres a record to be kept of all property sold under thIS secbon and no further report to the Board of COmffilSSlOners IS necessary, AND WHEREAS, m accordance wIth General Statute 160A-266(c) the Fmance DIrector or hIS desIgnated representative keeps a record of all property sold under thIS provIsIon, AND WHEREAS, the Fmance DIrector and the County Manager desIre to mform the Board OfCOmffilSSlOners of actions bemg taken to bnng the County Purchasmg Polley mto comphance wIth the General Statutes and request concurrence from the Board of COmffilSSlOners on these actions, NOW, THEREFORE, BE IT RESOLVED by the Board of County CommlsslOners ofN ew Hanover County that the Board of CommIssIoners concur wIth the actions by staff to reVIse the County Purchasing Pohcy by mcreasmg the formal bId threshold for purchase contracts from fifty thousand dollars ($50,000 00) to nmety thousand dollars ($90,000.00), mcreasmg the formal bId threshold for construction contracts from one hundred thousand dollars ($100,00000) to three hundred thousand dollars ($300,00000), and to have the Fmance DIrector or hIS desIgnated representative keep a record of all property sold pursuant to General Statute 160A-266(c) wIth no other reportmg reqUlrement ThIS 19th day of May, 2003 (SEAL) ~lfhQ~ouo~ CommIssIoners 28.12.3 NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU 04/30/03 CURRENT TAX YEAR - 2002 ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED AD VALOREM $ 104,590,76269 4,190,033 02 484 248 36 $ 108,296,54735 ADVERTISING FEES CHARGED LISTING PENAL TlES CHARGED CLEANING LlENS CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENT AGE COLLECTED 9,18750 88,101 33 00 $ 108,393,836 18 - 106.214,65325 $ 2,179,182 93 97 99%* BACK TAXES REAL ESTATE AND PERSONAL PROPERTY CHARGES ADDED LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED $ 4,109,991 72 135,88499 409,501 79 $ 3,836,374 92 1.811.892 67 $ 2,024,482 25 4723% RENTAL VEHICLE TAX COLLECTIONS ROOM OCCUPANCY TAX COLLECTIONS PRIVILEGE LICENSE COLLECTIONS $ APR 2003 18,245 35 285,935 52 1,051 25 j2Æ2-l,/;2,,3 CONSENT AGENDA DATE ITEM NO MOTOR VEHICLE $ 8,593,844 94 15,62982 110.71467 $ 8,498,76009 $ $ 00 00 00 8,498,76009 6.472.780 87 2,025,979 22 76 16%* FlSCAL YTD $ 196,271 43 2,392,05640 12,905 47 TOTAL MONEY PROCESSED THRU COLLECTION OFFlCE FOR NEW HANOVER COUNTY, CITY OF WILMINGTON, WRIGHTSVILLE BEACH, CAROLINA BEACH AND KURE BEACH TO DATE - $167,647,147 85 THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1, 2002 RESPECTFULL Y SUBMITTE~D CV . ~ Ö 6.'-" ,",CW" I t....mh(,., U· J PATRICIAJ RAYNOR COLLECTOR OF REVENUE * COMBINED COLLECTION PERCENT AGE - 96 40% 28.12.3 CONSENT AGENDA DATE:_________ ITEM NO.______ NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS COLLECTIONS THRU 04/30/03 CURRENT TAX YEAR - 2002 _'ft'I_IIIII.z::M __ 0lIl.. ..__48U..______... ORIGINAL TAX lEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED LISTING PENALTIES CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED BACK TAXES ~CI""'''__'''''''' REAL ESTATE AND PERSONAL PROPERTY $ CHARGES ADDED LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1, 2002. RESPECTFULLY SUBMITTED, ~ t-m t: t.,; D All'"",C\#" PATRICIA J. RiY~bR___ \J COLLECTOR OF REVENUE AD VALOREM MOTOR VEHICLE -_..~..__..._---_..- -----..--------- $ 2,670,179.32 148,256.28 53,427.05- ....---------..--- $ 2,765,008.55 2,396.00 ----..--------..- $ 2,167,404.55 2,718,127.00- --..-----------.. $ 49,217.55 98.22%* $ 284,829.03 815.91 3,126.17- --------...-.-..-.. $ 281,918.83 .00 --------...------ $ 281,918.83 214,015.74- ----..----------- $ 67,903.09 75.91%* 98,980.41 6,419.53 11,192.16-=- --------..-.....--.. $ 94,207.18 45,657.00- ------..--------.. $ 48,550.78 48.46% * COMBINED COLLECTION PERCENTAGE - 96.16% 28.12.4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION WHEREAS, Dan Summers has served the cItlzens ofN ew Hanover County smce 1984 when he became DIrector of the New Hanover County Emergency Management Department, and pnor to that as an emergency medIcal responder, and WHEREAS, Dan Summers, through mtensive trammg of other county, murucIpal and pubhc sector employees and pubhc awareness campaigns has helped shape New Hanover County and Its residents mto one of the most disaster-resistant and storm-ready commurutles m North Carohna and the country, and WHEREAS, Dan Summers has earned numerous awards, certIficatiOns, and degrees mcludmg the North Carohna DIvIsIon of Emergency Management Level IV Professional Certificatlon and IS a past recIpIent of the Outstanding Program in Emergency Management Award, and WHEREAS, under Dan Summers' directiOn, and due to hIS commItment to planmng, New Hanover County has weathered storms, fires and other natural and man-made emergencIes, and WHEREAS, under Dan Summers' command of the New Hanover County Emergency Management Department, New Hanover County has not lost a smgle hfe as a dIrect result of Hurncanes DIana, Bertha, Fran, Denrus, and Floyd as well as numerous tropIcal storms and other disaster events, NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners extends ItS heartfelt thanks to Dan Summers and commends him for many years of loyal servIce to the citlzens of New Hanover County Adopted the 19th day of May, 2003 1?J:I ;5.~ Robert G Greer VIce-Chairman of the Board 28.12.5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMATION WHEREAS, people are hvmg healthier, longer and more productIve hves as a result of advances m medIcal care and more attentIon bemg paId to healthy nutntlOn, and WHEREAS, New Hanover County and other commurntIes m the state and nation are taking advantage of the longer years of productIvIty of Its cItIzens as eVIdenced by the mvolvement of sernor cItizens m volunteer activIties as well as in paid full and part-time posItions, and WHEREAS, the Cape Fear Area Urnted Way Sernor AIDES Program has placed 68 low- mcome sernors m productive posItions m the areas of health, educatlOn, recreation, servIce and government m the four-county area, wIth 34 bemg placed m New Hanover County, and WHEREAS, sernor cItizens have embraced thIS program so enthusIastically that they have enrolled themselves m computer tralrnng classes at Cape Fear Commurnty College, creatmg such a high demand that an addItlOnal class had to be offered to accommodate the increased enrollment, NOW, THEREFORE BE IT PROCLAIMED by the New Hanover County Board of CommIssIOners that the Month of May, 2003 be declared Older Americans Month, with the theme bemg "What We Do Makes a Difference" m apprecIatlOn of the contnbutlOns sernor cItizens make to our commurnty Adopted the 19th of May, 2003 Wi!J.~ Robert G Greer, VIce-ChaIrman Attest 28.12.6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION WHEREAS, the Umted States of Amenca was at war wIth Korea from June 25, 1950 to July 27, 1953, dunng WhICh time 177,461 North Carohna servIcemen defended theIr country, and WHEREAS, during the Korean War years, 16 servIcemen from New Hanover County and 784 servIcemen ITom North Carohna gave theIr hves m defense of theIr country and 2,272 servIcemen from North Carohna were wounded, and WHEREAS, there are currently15,260 veterans hvmg m New Hanover County, of whom 2,320 served In the Korean War, and WHEREAS, the Amencan LegIon Post # 1 0, along wIth UNCW wlll present a program featunng the U S Manne Corps Band at Kenan Memonal Audltonum on July 10, 2003 to commemorate the 50th Anruversary of the sIgmng of the truce endmg the Korean War, NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of CommIssIoners endorses tills fittmg tnbute to all our veterans who hve In thIS County, especially veterans from the Korean War, and encourages ItS cItIzens to support thIS event Tills the 19th day of May, 2003 ~4 Robert G Greer, VIce-Chairman Attest 28.12.7 A RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, the bond order heremafter descnbed has taken effect, and It IS desIrable to make provlSlon for the Issuance of bonds authonzed by saId bond order, NOW, THEREFORE, BE IT RESOLVED by the Board of CommIssIOners of the County of New Hanover, North Carolma (the "Issuer"), as follows 1 Pursuant to and m accordance wIth the refundmg bond order adopted by the Board of CommIssIOners on May 5, 2003, and subject to SectIOn 9 hereof, the Issuer shall Issue Its bonds of the aggregate pnncIpal amount of$30,100,000 2. The bonds shall be desIgnated "Refundmg Bonds, Senes 2003" (heremafter referred to as the "Bonds") The bonds shall be deemed to refund the bonds bemg refunded wIthin the penod of usefulness ofthe capItal projects re-financed by such bonds bemg refunded 3 The Bonds shall be dated June 1,2003 and shall bear mterest from theIr date at a rate or rates wluch shall be hereafter deterrmned upon the publIc sale thereof and such mterest shall be payable on September 1,2003 and semi-annually thereafter on March 1 and September 1. The Bonds shall mature, subject to adjustment as heremafter set fo~h, annually on March 1, as follows: Principal Principal Year Amount Year Amount 2004 $ 1,825,000 2009 $ 2,695,000 2005 3,730,000 2010 2,395,000 2006 5,065,000 2011 2,330,000 2007 4,980,000 2012 2,205,000 2008 4,875,000 Inièrest wIll be payable to the owners of the Bonds shown on the records of the heremafter desIgnated Bond Registrar of the Issuer on the record date wluch shall be the fifteenth day of the calendar month (whether or not a busmess day) next precedmg a debt servIce payment date. 4. The Bonds will be Issued m fully regIstered fonn 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 m ItS custody The book entry system WIll eVIdence ownershIp of the Bonds m pnncIpal amounts of $5,000 or whole 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 at the tImes stated m the precedmg paragraph, and pnncIpal of the Bonds wIll be paid annually on March 1, as set forth m the foregomg matunty schedule, to DTC or ItS nommee as regIstered owner of the Bonds Transfer of pnncIpal and mterest payments to partIcIpants of DTC wIll be the responsIbIlIty of DTC, transfer of 1 pnncIpal and mterest payments to beneficIal owners by partIcIpants of DTC wIll be the responsIbIlIty of such partIcIpants and other nommees of beneficIal owners The Issuer wIll not be responsIble or lIable for mamtammg, supervIsmg or revIewmg the records mamtamed by DTC, ItS partIcIpants or persons actmg through such partIcIpants. In the event that (a) DTC determines not to contmue to act as secuntIes deposItory for the Bonds, or (b) the Issuer determmes that contmuatIOn of the book entry system of eVIdence and transfer of ownershIp of the Bonds would adversely affect the mterests of the beneficIal owners of the Bonds, the Issuer wIll dIscontmue the book entry system wIth DTC If the Issuer falls to IdentIfy another qualIfied secuntIes depOSItory to replace DTC, the Issuer wIll authentIcate and delIver replacement Bonds m the form of fully regIstered certIficates. Each Bond shall bear mterest ITom the mterest payment date next precedmg the date on wluch It IS authentIcated unless It IS (a) authentIcated upon an mterest payment date m WhICh event It shall bear mterest from such mterest payment date, or (b) authentIcated pnor to the first mterest payment date m whIch event It shall bear mterest from ItS date, provIded, however, that If at the tIme of authentIcatIOn Interest IS In default, such Bond shall bear Interest from the date to which mterest has been paid. The pnncIpal of and the Interest on the Bonds shall be payable In any com or currency of the Umted States of Amenca that IS legal tender for the payment of publIc and pnvate debts on the respectIve dates of payment thereof 5 The Bonds shall bear the manual or facsImIle signatures of the ChaIrman and the Glerk of the Board of ComnnssIOners of the Issuer and the officIal seal or a facsImIle of the officIal seal of the Issuer shall be Impressed or Impnnted, as the case may be, on the Bonds The certIficate of the Local Government ConumssIOn of North Carolma to be endorsed on all Bonds shall bear the manual or facsImIle sIgnature of the Secretary of SaId ComnnssIOn or of a representatIve designated by SaId Secretary and the certIficate of authentIcatIon of the Bond RegIstrar to be endorsed on all Bonds shall be manually executed. In case any officer of the Issuer or the Local Government CommissIOn of North Carolma whose manual or facsImile sIgnature shall appear on any Bonds shall cease to be such officer before the delIvery of such Bonds, such manual or facsImIle sIgnature shall nevertheless be valId and sufficIent for all purposes the same as If he had remaIned In office untIl such delIvery, and any Bond may bear the manual or facsimIle sIgnatures of such persons as at the actual tIme of the executIOn of such Bond shall be the proper officers to SIgn such bond although at the date of such Bond such persons may not have been such officers No Bond shall be valId or become oblIgatory for any purpose or be entItled to any benefit or secunty under tlus resolutIOn untIl It shall have been authentIcated by the executIOn by the Bond RegIstrar of the certIficate of authentIcatIOn endorsed thereon 6 The Bonds and the endorsements thereon shall be m substantIally the followmg form 2 NO.R- $ Umted States of Amenca State of North Carolma COUNTY OF NEW HANOVER REFUNDING BOND, SERIES 2003 INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP % March 1,_ June 1,2003 644800 REGISTERED OWNER: CEDE & CO PRINCIPAL SUM: DOLLARS The County of New Hanover (heremafter referred to as "County"), a county of the State ~fNorth Carolma, acknowledges Itselfmdebted and for value receIved hereby promIses to pay to the regIstered owner named above, on the matunty date specIfied above, upon surrender hereof, at the office of the Finance DIrector of the County, 320 Chestnut Street, WIlmmgton, North Carolma 28401 (the "Bond RegIstrar"), the pnnclpal sum shown above and to pay to the regIstered owner hereof, by check maIled to the regIstered owner at his address as It appears on the bond regIstratIOn books of the County, mterest on such pnnclpal sum from the date of thIS bond, such mterest to the matunty hereof bemg payable on September 1, 2003 and semI- annually thereafter on March 1 and September 1 of each year, at the rate per annum specIfied above, untIl payment of such pnnclpal sum. The mterest so payable on any such mterest payment date wIll be paId to the person in whose name this bond IS regIstered at the close of busmess on the record date for such mterest, winch shall be the fifteenth day of the calendar month (whether or not a busmess day) next precedmg such mterest payment date Both the pnnclpal of and the interest on thIS bond shall be paId m any com or currency of the Umted States of Amenca that IS legal tender for the payment of publIc and pnvate debts on the respectIve dates of payment thereof ThIs bond IS Issued m accordance wIth the RegIstered PublIc OblIgatIOns Act, Chapter 159E of the General Statutes of North Carolma, and pursuant to The Local Government Fmance Act of the State of North CarolIna, as amended, a bond order adopted by the Board of C0l111111ssIOners of the County on May 5, 2003 (the "Bond Order") and resolutIOns adopted by saId Board of CommIssIoners on May 19,2003 and June 2, 2003 (collectlvely, the "ResolutIOn") 3 to redeem all or a portlon of the County's outstandmg PublIc Improvement Refundmg Bonds, Senes 1994, SolId Waste DIsposal Refundmg Bonds, Senes 1994, and School Bonds, Senes 1995. The bonds wIll be Issued m fully regIstered form by means of a book entry system wlth no physIcal dIstnbutlon of bond certIficates made to the publIc One bond certIficate for each matunty wIll be Issued to The DeposItory Trust Company ("DTC") and ImmobIlIzed m ItS custody. The book entry system wIll eVIdence ownershIp of the bonds m pnncIpal amounts of $5,000 or whole multlples thereof, wIth transfers of beneficIal ownershIp effected on the records of DTC and ItS partIcIpants pursuant to rules and procedures establIshed by DTC Transfer of pnncIpal and mterest payments to partIcIpants of DTC WIll be the responsIbIlIty of DTC, transfer of pnncIpal and mterest payments to beneficIal owners by partIcIpants of DTC wIll be the responsIbIlIty of such partIcIpants and other nommees of beneficIal owners The County wIll not be responsIble or lIable for mamtaInmg, supervIsmg or revIewmg the records mamtamed by DTC, ItS partIcIpants or persons actmg through such partIcIpants The Bond RegIstrar shall keep at hIS office the books of saId County for the regIstratIOn and regIstratlon of transfer of bonds. The transfer of thIS bond may be regIstered only upon such books upon the surrender hereof to the Bond RegIstrar together wIth an assIgnment duly executed by the regIstered owner hereof or hIs attorney or legal representatIve m such form as shall be satlsfactory to the Bond RegIstrar. Upon any such registratIOn of transfer, the Bond RegIstrar shall delIver m exchange for thIs bond a new bond or bonds, regIstered m the name of the transferee, of authonzed denommatIOns, m an aggregate pnncIpal amount equal to the unredeemed pnncIpal amount of thIs bond, of the same matunty and beanng mterest at the same rate. Bonds, upon surrender thereof at the office of the Bond RegIstrar together wIth an assIgnment duly executed by the regIstered owner or hIS attorney or legal representatIve III such form as shall be satlsfactory to the Bond RegIstrar, may, at the optlon of the regIstered owner thereof, be exchanged for an equal aggregate pnncIpal amount of regIstered bonds of the same matunty, of any authonzed denommatlon or denommatIOns and beanng mterest at the same rate It is hereby certIfied and recIted that all condltIOns, acts and thmgs requIred by the ConstitutIOn or statutes ofthe State of North Caro1ma to eXIst, be performed or happen precedent to or in the Issuance of this bond, exist, have been performed and have happened, and that the amount of thIS bond, together WIth all other mdebtedness of the County, IS wlthIn every debt and other lImIt prescnbed by saId ConstltutIOn or statutes The faIth and credIt of the County are hereby pledged to the punctual payment of the pnncIpal of and mterest on thIs bond III accordance wIth ItS terms. ThIs bond shall not be valId or become oblIgatory for any purpose or be entItled to any benefit or secunty under the Bond Order or the ResolutIOn mentIOned herem untIl thIS bond shall have been endorsed by the authonzed representatIve of the Local Government CommIssIon of North Carolma and authentIcated by executIon by the Bond RegIstrar 4 IN WITNESS WHEREOF, the County has caused thIS bond to be manually sIgned by the ChaIrman and the Clerk of the Board of CommIssIOners of the County and ItS officIal seal to be Impressed or Impnnted hereon, and thIS bond to be dated June 1, 2003 ChaIrman, Board of COImmssIOners (SEAL) Clerk, Board of COImmssIOners 5 CERTIFICATE OF LOCAL GOVERNMENT COMMISSION The Issuance of the wIthm bond has been approved under the provlSlons of The Local Government Bond Act of North Carohna Secretary, Local Government CommIssIon CERTIFICATE OF AUTHENTICATION Tills bond IS one of the Bonds of the Issue desIgnated herem and Issued under the provIsIons of the Wlthin-mentlOned bond order and resolutlOn COUNTY OF NEW HANOVER Finance Director, as Bond RegIstrar By Authonzed SIgnatory Date of AuthentlcatlOn 6 ASSIGNMENT FOR V ALUE RECEIVED the undersIgned hereby sells, assIgns and transfers unto , the wIthm Bond and mevocably appomts , attorney-m-fact, to transfer the wIthm Bond on the books kept for regIstratIon thereof, wIth full power of substItutIOn m the premIses Dated. NOTICE. The sIgnature to thIS assIgnment must correspond wIth the name as It appears upon the face of the wIthm Bond m every partIcular, wIthout any alteratIOn whatsoever SIgnature Guaranteed: NotIce SIgnature must be guaranteed by an mstItutIOn which IS a partIcIpant In the SecuntIes Transfer Agent MedallIon Program (STAMP) or sImIlar program In accordance wIth SecuntIes and Exchange ComnllssIOn Rule] 7Ad-15 7 7 The Bonds are not subject to redemptIOn pnor to theIr stated matuntles 8 Bonds, upon surrender thereof at the office of the Bond RegIstrar together wIth an assIgnment duly executed by the regIstered owner or hIS attorney or legal representatlve m such fonn as shall be satlsfactory to the Bond RegIstrar, may, at the optIOn of the regIstered owner thereof, be exchanged for an equal aggregate pnncIpal amount of Bonds of the same matunty, of any denOmInatIOn or denommatIOns authonzed by thIS Resolutlon and beanng mterest at the same rate The transfer of any Bond may be regIstered only upon the regIstratIOn books of the Issuer upon the surrender thereof to the Bond RegIstrar together wIth an assIgnment duly executed by the regIstered owner or hIS attorney or legal representatlve m such fonn as shall be satlsfactory to the Bond RegIstrar Upon any such regIstratlon of transfer, the Bond RegIstrar shall authentlcate and delIver m exchange for such Bond a new Bond or Bonds, regIstered In the name of the transferee, of any denOmInatIOn or denommatlons authonzed by thIS Resolutlon, m an aggregate pnncIpal amount equal to the unredeemed pnncIpal amount of such Bond so surrendered, of the same matunty and beanng mterest at the same rate. In all cases m whIch Bonds shall be exchanged or the transfer of Bonds shall be regIstered hereunder, the Bond RegIstrar shall authentlcate and delIver at the earlIest practIcable tlme Bonds In accordance WIth the provIsIons of tins ResolutIOn All Bonds surrendered m any such exchange or regIstratlon of transfer shall fOrthWIth be cancelled by the Bond RegIstrar The Issuer or the Bond RegIstrar may make a charge for shippIng and out-of-pocket costs for every such exchange or regIstratlon of transfer of Bonds sufficIent to reImburse It for any tax or other governmental charge reqUIred to be paId wIth respect to such exchange or regIstratIOn of transfer, but no other charge shall be made for exchangmg or regIstenng the transfer of Bonds under thIS Resolutlon. As to any Bond, the person In whose name the same shall be regIstered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the pnncIpal of any such Bond and the mterest on any such Bond shall be made only to or upon the order of the regIstered owner thereof or hIS legal representatlve All such payments shall be valId and effectual to satlsfy and dIscharge the lIabIlIty upon such Bond to the extent of the sum or sums so paId. The Issuer shall appoInt such regIstrars, transfer agents, depositanes or other agents and make such other arrangements as may be necessary for the regIstratIOn, regIstratIOn of transfer and exchange of Bonds and for the tlmely payment of pnncIpal and Interest wIth respect to the Bonds. The Fmance DIrector of the Issuer IS hereby appoInted the regIstrar, transfer agent and paymg agent for the Bonds (collectlvely, the "Bond RegIstrar"), subject to the nght of the governmg body of the Issuer to appoInt another Bond RegIstrar, and as such shall keep at hIS office at 320 Chestnut Street, WIlmIngton, North Carolma 28401, the books of the Issuer for the 8 regIstratIon, regIstratIon of transfer, exchange and payment of the Bonds as provIded In thIS ResolutIOn 9 The Local Government CommIssIOn of North Carolma IS hereby requested to sell the Bonds and to state In the NotIce of Sale of the Bonds that bIdders may name one rate of mterest for part of the Bonds and another rate or rates for the balance of the Bonds The Bonds shall bear Interest at such rate or rates as may be named In the proposal to purchase saId Bonds whIch shall be accepted by saId Local Government CommIssIOn The Issuer hereby reserves the nght to Increase or decrease the aggregate pnncIpal amount of the Bonds by an amount not to exceed $3,000,000 followmg the opemng of bIds. The Issuer also hereby reserves the nght to mcrease or decrease the pnncIpal amount of any matunty of the Bonds by an amount not to exceed $500,000 per matunty followmg the opemng of bIds In the event of an mcrease or decrease In the aggregate pnncIpal amount of the Bonds, the purchase pnce of the Bonds (mcludmg any premIUm or dISCOunt) wIll be mcreased or decreased 10 The Chamnan and the Clerk of the Board of CommIssIOners and the Fmance DIrector of the Issuer are hereby authonzed and dIrected to cause the Bonds to be prepared and, when they shall have been duly sold by the Local Government CommIssIon, to execute the Bonds and have the Bonds endorsed and authentIcated as provIded herem and to delIver the Bonds to the purchaser or purchasers to whom they may be sold by saId Local Government CommIssIon 11 The PrelImmary OfficIal Statement dated on or about May 16, 2003 settmg forth financIal and statIstIcal data m connectIon WIth the offenng of the Bonds (the "OfficIal Statement") IS hereby approved. In connectIon wIth tlns approval, the Board of CommIssIOners of the Issuer has exammed copies of the OfficIal Statement and has, to the extent and In the manner It has deemed necessary, dIscussed the contents thereof wIth officers of the adImmstratIon of the Issuer. The Board of CommIssIoners of the Issuer does hereby recIte that, upon ItS exammatIOn and dIScussIons, notlnng has come to ItS attentIOn whIch would lead It to belIeve that saId OfficIal Statement contams any untrue statement of a matenal fact or omIts to state any matenal fact necessary to make the statements therem, m the lIght of the CIrcumstances under whIch they were made, not mIsleadmg. The Chamnan of the Board of CommIssIOners, the County Manager and the Fmance DIrector of the Issuer are each hereby authonzed to approve changes m such OfficIal Statement and to execute such OfficIal Statement for and on behalf of the Issuer 12 The Issuer covenants to do and perfonn all acts and tlnngs penmtted by law necessary to assure that mterest paId on the Bonds be and remam excluded trom gross mcome of the owners thereof for federal mcome tax purposes 13. The Issuer hereby undertakes, for the benefit ofthe beneficIal owners of the Bonds, to provIde contmumg dIsclosure, as follows (a) by not later than seven months trom the end of each fiscal year of the Issuer, to each natIOnally recognIzed munIcIpal secuntIes mfonnatIon reposItory ("NRMSIR") and to the state InfOnnatIOn deposItory for the State of North 9 Carolma ("SID"), If any, audIted financIal statements of the Issuer for such fiscal year, If avaIlable, prepared m accordance with SectIOn 159-34 of the General Statutes of North Carolma, as It may be amended from tIme to tIme, or any successor statute, or, If such audIted financIal statements of the Issuer are not aVaIlable by seven months from the end of such fiscal year, unaudIted financIal statements of the Issuer for such fiscal year to be replaced subsequently by audIted financIal statements of the Issuer to be delIvered wIthm 15 days after such audIted financIal statements become avaIlable for dIstrIbutIOn, (b) by not later than seven months from the end of each fiscal year of the Issuer, to each NRMSIR, and to the SID, If any, (1) the financIal and statIstIcal data as of a date not earlIer than the end of such fiscal year for the type of mfonnatIOn mcluded under the headmg "The County - Debt InfonnatIon and - Tax InfonnatIOn" m the OfficIal Statement relatmg to the Bonds (excludmg any mfonnatIon for overlappmg and underlymg units) and (u) the combmed budget of the Issuer for the current fiscal year, to the extent such Items are not mcluded m the audIted financIal statements referred to m (a) above, (C) m a tImely manner, to each NRMSIR or to the MUnIcIpal SecuntIes Rulemakmg Board ("MSRB"), and to the SID, If any, notIce of any of the followmg events WIth respect to the Bonds, If matenal (1) pnncIpal and mterest payment delmquencIes, (2) non-payment related defaults, (3) unscheduled draws on debt servIce reserves reflectmg financIal dIfficultIes; (4) unscheduled draws on credIt enhancements reflectmg financIal dIfficultIes, (5) substItutIOn of credit or lIqUIdIty provIders, or theIr faIlure to perfonn, (6) adverse tax OpInIOnS or events affectmg the tax-exempt status of the Bonds; (7) modIficatIOn to the nghts of secuntIes holders, (8) bond calls, (9) defeasances; (10) release, substItutIOn or sale of property secunng repayment of the Bonds (11) ratmg changes, and 10 (d) m a tlmely manner, to each NRMSIR or to the MSRB, and to the SID, If any, notlce of a fallure of the Issuer to provIde reqUIred annual financIal mformatlOn descnbed m (a) or (b) above on or before the date specIfied If the Issuer falls to comply wIth the undertakmg descnbed above, any beneficIal owner of the Bonds may take actlOn to protect and enforce the nghts of all beneficIal owners wIth respect to such undertakmg, mcludmg an actlon for specIfic performance, provIded, however, that faIlure to comply wIth such undertakmg shall not be an event of default and shall not result m any acceleratlOn of payment of the Bonds. All actlOns shall be mstItuted, had and mamtamed m the manner provIded m thIS paragraph for the benefit of all beneficIal owners of the Bonds The Issuer reserves the nght to modIfy from tlme to tlme the mformatlOn to be provIded to the extent necessary or appropnate m the Judgment of the Issuer, provIded that any such modIficatlon wIll be done m a manner consIstent wIth Rule 15c2-12 Issued under the SecuntIes Exchange Act of 1934, as It may be amended from tIme to tlme ("Rule 15c2-12"), and provIded further that (a) any such modIficatlOn may only be made m connectlOn wIth a change m cIrcumstances that arIses from a change m legal reqUIrements, change m law, or change m the Identlty, nature, or status of the Issuer, (b) the mformatlOn to be provIded, as modIfied, would have complIed WIth the reqUIrements of Rule 15c2-12 as of the date of the OfficIal Statement relatmg to the Bonds, after talang mto account any amendments or mterpretatlOns of Rule 15c2-12, as well as any changes m cIrcumstances, and (c) any such modIficatIOn does not matenally ImpaIr the mterests of the beneficIal owners, as determmed eIther by partIes unaffilIated WIth the Issuer (such as bond counsel), or by the approvmg vote of the regIstered owners of a maJonty m pnncIpal amount of the Bonds pursuant to the terms of thIS resolution, as It may be amended from tlme to tIme, at the tlme of the amendment Any annual financIal mformatlon contaImng modIfied operatmg data or financIal mformatlon shall explam, m narratlve form, the reasons for the modIficatlon and the Impact of the change m the type of operatmg data or financIal informatIOn bemg provIded. The provIsIons of thIS SectIOn 13 shall termmate upon payment, or provlSlons havmg been made for payment m a manner consIstent WIth Rule 15c2-12, m full of the pnncIpal of and mterest on all ofthe Bonds 14. The blanket Letter of Representations between the Issuer and DTC IS hereby reconfirmed 15 The ChaIrman and the Clerk of the Board of CommlsslOners, the County Manager, the Fmance DIrector and the other officers of the Issuer are hereby authonzed and dIrected to II execute and delIver for and on behalf of the Issuer any and all financmg statements, certIficates, documents or other papers and to perform any and all acts they may deem necessary or appropnate m order to carry out the mtent of thIS ResolutIOn and the matters herem authonzed ThIS the 19th day of May, 2003. [SEAL ] NEW HANOVER COUNTY ~vlfhD~ ATTEST ~,~~ C rk to the Board - 12 AFFIDA VIT OF PUBLICA TION STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER NOTICE OF ADOPTION OF BOND ORDER "BOND ORDER AUTHORIZING THE ISSUANCE OF $35 000 000 GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEW HANOVER" WHEREAS the County of New Hanover (the "County") has Issued Solid Waste Disposal Re- funding Bonds Series 1994, dated January 1 1994 and $11,985000 of such Bonds maturing In the years 2003 to 2012 inclusive, are outstanding (the "Outstanding Re- funding Bonds") and WHEREAS the County has Issued Public Im- provement Refunding Bonds Series 1994 dated January 1 1994 and $5 415 000 of such Bonds maturing In the years 2003 to 2009 in- clusive are outstanding (the "Outstanding Public Improvement Refunding 80nds") and WHEREAS the County has Issued School Bonds Series 1995 dated Sep- tember 1 1995 and $16 750 000 of such Bonds maturing In the years 2004 to 2012 in- clusive are outstanding (the "Outstanding School Bonds"), and WHEREAS the Board of Commissioners of the County deems It advIs- able to pay and refund all or a portion of the Outstanding Refunding Bonds the Outstanding Public Improvement Re- funding Bonds and the Outstanding School Bonds pursuant to and In accordance with The Lo- cal Government Finance Act and WHEREAS an application has been filed with the Secretary of the Local Government Commission of North Carolina request- Ing Commission approval of the Bonds hereinafter described as required by The Local Government FI- nance Act and the Secre- tary of the Local Govern- ment Commission has no- tlfled the Board that the application has been ac- cepted 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 Section 1 The Board of Commissioners of the County has ascertained and hereby determines that It IS advisable to pay and refund all or a por- tion of the Outstanding Refunding Bonds, the Outstanding Public Im- provement Refunding Bonds and the Out- standing School Bonds Section 2 In order to raise the money required to pay and refund the Outstanding Refunding Bonds the Outstanding Public Improvement Re- funding Bonds and the Outstanding School Bonds as set forth above In addition to any funds which may be made available for such pur- pose from any other source, bonds of the County are hereby au- thorized and shall be IS- sued pursuant to The Lo- cal Government Finance Act of North Carolina The maximum aggregate principal amount of bonds authorized by this bond order shall be $35,000 000 Section 3 A tax sufficient to pay the principal of and Interest on said bonds when due shall be annually levied and col lected Section 4 A sworn state- ment of the County s debt has been filed with the Clerk of the Board of Commissioners and IS open to public inspection Section 5 This bond or- der shall take effect upon ItS adoption The foregoing bond order was adopted on the 5th day of May 2003, and IS hereby published this 8th day of May 2003 Any action or proceeding questioning the validity of the bond order must be begun within thirty days after the date of publication of this notice Lucie F Harrell Clerk of the Board of Commissioners County of New Hanover North Carolina County and State. I law, says that he/she IS , ~R I poratlon orgamzed and dOing business under hlng a newspaper known as WILMINGTON City of WIlmington ~D ORDER AUTHORIZING THE ¡ION REFUNDING BONDS OF THE :ounty of New Itl!nover (the County) has ~s I d on dates as follows I I ¡-News was a newspaper meeting all the Jo 1-597 G S ofN C /?lL (J /{~. CLASSIFIED ADVER MGR ¡ this /3 day of ~nd and affixed my officI,a! seal, the day and r!~4J' Notary Public _,200£ , I I IS adjudged by the Court that the said , ~erved on the defendant(s) This day of MAIL TO ) Clerk of Supenor Court /