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2003-06-02 RM Exhibits 28.13.1 NORTH CAROLINA STA TE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carohna County of New Hanover Road( s) Description Granny Road ExtensIOn SR 2027 (1038-N) WHEREAS, a petitIOn has been filed with the Board of County CommissIOners of the County of New Hanover requestmg that the above described road(s), the locatIOn of which has been mdlcated m red on a map, be added to the Secondary Road System, and WHEREAS, the Board of County CommissIOners IS of the opmlOn that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria establ1shed by the DIvIsIOn of Highways of the Department of TransportatIOn for the additIOn of roads to the System NOW, THEREFORE, be It resolved by the Board of CommiSSIOners of the County of New Hanover that the DIvIsIOn of Highways IS hereby requested to review the above described road(s), and to take over the road(s) for mamtenance if they meet establ1shed standards and criteria CERTIFICA TE The foregomg resolution was duly adopted by the Board of COmtnlsslOners of the County of New Hanover at a meetmg on the 2nd day of June. 2003 WITNESS my hand and official seal this the o?~ day of Q L 2003 ~ v to the Board nover County Board of CommissIOners Form SR-2 Please Note Forward dIrectly to the DIstnct Engmeer, DIvIsIon ofHtghways resolute wp 28.13.2 North Carolina Governor's Highway Safety Program LOCAL GOVERNMENTAL RESOLUTION Form GHSP-02-A (To be completed, attached to and become part of Form GHSP-02, Highway Safety Project Contract) GHSP-02-A WHEREAS, the New Hanover County Shenff' s Ofhce (herein called the "Agency") (THE APPLICANT AGENCY) has completed an application contract entitled FY - 2003 Equipment Request and that New Hanover County (herein called the "Governing Body") (THE GOVERNING BODY OF THE AGENCY) has thoroughly considered the problem Identified and has reviewed the project as described In the contract, THEREFORE, NOW BE IT RESOLVED BY THE MEETING ASSEMBLED IN THE CITY OF NHC Board of Commlsloners IN OPEN (GOVERNING BODY) Wllmlngton , NORTH CAROLINA THIS 2nd DAY OF June , 20QL, AS FOllOWS 1 That the project referenced above IS In the best Interest of the Governing Body and the general public, and 2 That Ted Davls, Jr., Chauman be authorized to file, on behalf of the (NAME AND TITLE OF REPRESENTATIVE) Governing Body, an application contract In the form prescribed by the Governor's Highway Safety Program for federal funding In the amount of $ 62. 797.00 to be made to the (FEDERAL DOLLAR REQUEST) Governing Body to assist In defraYing the cost of the project described In the contract application, and 3 That the Governing Body has formally appropriated the cash contribution of $ 24.833.00 (LOCAL CASH APPROPRIATION) as required by the project contract, and 4 That the Project Director designated In the application contract shall furnish or make arrangement for other appropriate persons to furnish such Information, data, documents and reports as required by the contract, If approved, or as may be required by the Governor's Highway Safety Program, and 5 That certified copies of this resolution be Included as part of the contract referenced above, and 6 That thIs resolutIon shall take effect Immediately upon ItS adoption , DONE AND ORDERED In open meeting by & ~ n , ,.~ . (C~RSON/~ A~ESTEDB . v~ a (CLERK) DATEO~~ 0 5' Rev 7/02 28.13.3 AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969 A-327,05/03 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN SectIOn 1 That the ZOnIng Ordmance of the County of New Hanover adopted October 6, 1969, as amended be and the same IS hereby further amended as follows Amend Section 72-29(3) (3) The bUlldlng shall meet the minlmum side and rear yard requirements of the R-15 (single famlly) dlstrlct In all cases. The front yard shall conform to the requlrements of the approprIate B 1 or B 2 distrIct underlYlnq zonlnq distrlct. Add Section 72-29(10) (10) A slnqle famlly dwelllnq unlt may be constructed under thlS prOV1Slon as a caretakers home for the enforcement and malntenance of conservation areas, provlded: (A) The dwellinq shall be occupied solely by the person enqaqed In the malntenance of the conservatlon land, an employee of the orqanlzatlon holdlnq the conservation easement, or thelr famlly members resldlnq wlth them. (B) The Conservatlon Easement allows a resldence on the desiqnated conservatlon land (C) Items 3 and 8 above shall be incorporated in the site review and approval of thlS subsectlon. SectIOn 2 Any ordmance or any part of any ordmance m conflIct WIth this ordmance, to the extent of such conflIct, IS hereby repealed SectIOn 3 ThIs ordmance IS adopted m the mterest of publIc health, safety, morals and general welfare of the InhabItants of the County of New Hanover, North Carolma, and shall be m full force and effect from and after ItS adoptIOn Adopted the 2nd day of June 2003 ~ ßr\l~nnan Attes 28.13.4 AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board of CommISSIOners of New Hanover County, North Carolma, does hereby ordam that Chapter 44, SolId Waste, ArtIcle I, In General, and ArtIcle II, CollectIOn and DIsposal, of the New Hanover County Code be amended as follows 1. Article I, In General, Section 44-1, Definitions, is amended by adding the followmg definitions: Buzldzng materials Any matenal such as lumber, bnck, plaster, sheetrock, concrete, asphalt, shmgles, WIre mesh, gutters or other Items accumulated as a result of repaIrS or addItIOns to eXlstmg bUIldmgs, constructIOn of new bUIldmg or demolItIOn of eXlstmg structures Bulky ltems InorganIc Items of such volume that they cannot be placed m a rnnety-gallon roll-out cart for collectIOn, e g applIances, furnIture, play eqUipment, and bUIldmg fixtures Garbage All solId wastes capable of bemg rapIdly decomposed by mlcroorgarnsms, mcludmg but not lImIted to arnmal and vegetable wastes resultmg from the handlmg, preparatIOn, cookmg, and consumptIOn of food, excludmg sewage and human wastes Industrial waste All waste, mcludmg solIds, semI-solIds, sludge and lIqUids resultmg dIrectly from mdustnal, processmg or manufactunng operatIOns InslJector The person or persons desIgnated by the County Manager to perform the dutIes and responsIbIlItIes assIgned by tills chapter to the mspector Recvclables Matenals desIgnated as capable of bemg sorted, processed, transported and sold to markets for the remanufacture of lIke or dIfferent products Regular collectlOn All collectIOn servIces offered recurrently, at least once per week, willch mclude the collectIOn of vegetable and food wastes m a manner safe to publIc health Roll-out cart A nmety-gallon contamer, havmg wheels and a hmged lId, Issued by the County or by a firm under contract wIth the County, for the dIsposal of refuse as defined herem and prepared m accordance wIth thIs artIcle SelJarate collectlOn All collectIOn of specIfically defined matenals not assocIated wIth regular collectIOn practIces Trash All refuse resultmg from the use and mamtenance of property, regardless of the nature of the activIty thereon, except garbage 2. Article I, In General, Section 44-2, Collection of Municipal Solid Waste, is hereby removed. 3. Article I, In General, Section 44-3, Disposal of Solid Waste, is hereby removed. 4. Article II, Collection and Disposal, is amended by replacing the existing article with the following: DIVISION 1. MANDATORY RESIDENTIAL SERVICE Section 44-41. Charges generally. For the serVIce of collectmg and dIsposmg of refuse, the owner or occupant of all premIses from whIch refuse IS collected by the County or Its FranchIsee shall be charged such rates as may be establIshed, from tIme to tIme, by the County ComlmssIOners No owner or occupant of these premIses shall be exempt from the collectIOn and dIsposal servIce provided by the County or by mdIVIdual FranchIsees. All owners or occupants of premIses wIthm the County shall be subject to the servIce charges prescnbed by the County CommIssIOners, and an adjustment for such charges shall be made at the dIscretIOn of the County COImmssIOners on recommendatIOn of the County Manager Fees for the collectIOn and dIsposal of refuse by the County and Its FranchIsees shall be charged to the owner of all premIses m the amount specified m the fee schedule Section 44-42. Eligibility for service. All smgle- famIly resIdences and duplexes shall receIve service If use of the collectIOn contamers provIded wIth thIS servIce causes a hardshIp related to a customer's age, an mfirmIty, or other sImIlar type of hardshIp, the DIrector of EnvIronmental Management may exempt those customers from movmg those contamers to the curb Such exemptIOns wIll be recorded in wntmg and kept m the office of the DIrector of EnvIronmental Management Bome Owners AssocIatIOns (BOA) able to provIde proof of bemg an officIal aSSOCIatIOn m the form of a contract may petItIOn for exemptIOn from thIS serVIce The BOA must contract for servIce of at least the same level wIth a pnvate contractor Stores, hotels, apartments, tnplexes, quadruplexes, condommIUms, theaters, office bmldmgs, schools, clubs, commercIal establIshments, mdustnal establIshments or any other places that generate garbage may petItIOn for servIce -2- If the amount of garbage produced does not exceed one hundred eIghty (180) gallons per week per umt and quantltles of recyclables, yard waste and bulky ltems are not exceSSIve, as determmed by the County Where the refuse at any of the mdIcated establIshments exceeds one hundred eIghty (180) gallons, exclusIve of specIal collectlOns, the owner shall be reqUired to contract wlth a munIcipal waste collector under the County's franchIse system for commercial customers for bulk contamer refuse servIce Unless refuse IS placed m the appropnate contamer as outlmed m thIS chapter, It WIll not be collected by the County or ItS FranchIsee Section 44-43. Normal resIdential services. The followmg servIces wIll be provIded to all premIses Identified to receIve servIce (a) Refuse collectIOn a 90-gallon cart shall be provided to each customer ThIs cart shall be serviced at least once per week on a regular schedule (b) Recvclable collectIOn a recyclmg bm, at least eIghteen (18) gallons m Size, shall be provided to each customer Recyclable matenals shall be Identified and advertised by the County ThIS contamer shall be servIced once per week on a regular schedule (c) Yard waste collectIOn Tree trunks, lImbs, branches, tree tnmmmgs, hedge cuttmgs and simIlar vegetative matenals arranged for easy handlmg will be collected on a regular schedule Grass clIppmgs, leaves and other small vegetative debns must be placed m bags In no case shall any mdIvIdual 11mb, trunk or simIlar article larger than SIX (6) mches m dIameter or longer than four (4) feet be collected or placed for collectlOn (d) Bulky ztem collectIOn Items such as dIscarded furniture and applIances, not practIcal to contamenze, shall be collected upon customer's request wlthm one week of said request Acceptable Items mclude sofas, chaIrs, beds, refngerators, washers, dryers, hot water heaters, mattresses and SImIlar Items These matenals shall be placed at the curb no earlIer than noon the day before collectIOn IS scheduled Section 44-44. Improper preparation. All refuse not prepared m accordance wIth the provIslOns of thIS chapter, whIch IS located wlthm the publIc nght-of-way, causmg a potential publIc health or publIc safety hazard, may be pIcked up by the County or lts Franchisee wlthm seventy- two (72) hours' notice and an addltlOnal charge prescnbed m the fee schedule WIll be made NotIce wIll be gIVen eIther personally to the occupant, or by placmg a wntten notice on the door of the buIldmg or resIdence -3- Section 44-45. Containers and storage and collection practices. (a) Each residential regular customer will be provided a roll-out cart by the County Customers usmg the roll-out cart may not fill the cart m such a manner that the cart lid will not close tightly over the cart body or so full (over two hundred (200) pounds) that the mechamcal lifters mounted on refuse packers cannot lift the cart Matenal outside of the cart will not be collected (b) Pendmg collectiOn by the County or Its FranchIsee, refuse shall be stored m conformIty to the followmg regulatiOns 1 Garbage shall be wrapped, bagged, or enclosed m paper or plastlC matenal All e~cess liqUid shall be dramed before such garbage is placed m the contamer Any lIqUid waste, such as grease, shall be sealed m Its own separate contamer before bemg placed m the refuse receptacle 2 All dangerous trash Items and all waste matenals of a hazardous nature, such as broken glass, lIght bulbs and sharp pieces of metal shall be securely wrapped to prevent mJury to the collection crews 3 Trash of a hollow or bulky nature shall be flattened out or broken up pnor to deposItmg It in authonzed contamers (c) Contamers other than those descnbed m thIS sectiOn wIll be treated as refuse and may be collected by the County or ItS FranchIsee (d) The County or Its Franchisee wIll spend a maXImum of 15 mmutes per collectiOn stop Section 44-46. Solid wastes the County or its Franchisee will not collect. Tills servIce does not allow for the collectIOn of the followmg types of solId wastes, and no person may place any of the followmg many contamer or receptacle mtended for collectIOn by the County or Its FranchIsee (a) Hazardous refuse and zndustrIal refuse All such hazardous refuse and mdustnal waste shall be stored m sUitable leak proof contamers sufficIent to ensure that no such refuse or waste leaks or spIlls onto any publIc or pnvate property It shall be the responsIbIlIty of the person m posseSSiOn of the premIses where hazardous refuse or mdustnal waste IS generated to see that It IS dIsposed of properly -4- (b) Contagzous dIsease refuse The removal of clothmg, beddmg or other refuse from homes or other places where highly mfectiOus dIseases have occurred shall be performed under the superVISIOn and dIrectiOn of the County Health Department (c) BUIldzng materzals Such matenals shall be removed by the owner of the property or by the contractor No new certificate of compliance shall be Issued untIl such matenal has been removed by the owner or contractor Small amounts generated by the owner of the property may be pIcked up by the County or Its FranchIsee (d) Human tIssues or waste from operatiOn, autopsy or obstetncal procedures or any other matenal of simIlar nature (e) Matenals of any kmd or nature, mcludmg ashes, that contam any hot or live coals or fire (f) HVDodermlc znstruments HypodermIc synnges, needles or any mstrument or devIce for malang hypodermIc mJectiOns must be placed m a plastIc or glass bottle or sImIlar protectIve contamer, whIch must then be sealed and placed m a garbage contamer Alternately, such mstruments may be disposed of under the superVlSlon and dIrectIOn of the County Health Department (g) Dead anzmals The proper handlmg and dIsposal of dead ammals IS the responsIbIlity of the owner of the property Section 44-47. Removal from ummproved premises. Refuse shall not be removed from unImproved property, except when such refuse meets the condItIOns set forth m this chapter, and then not m excessIve quantIties Section 44-48. Collection schedules; routes; placement of containers. (a) The Director of EnvIronmental Management, wIth approval of the County Manager, may arrange the schedule for the public collectiOns of refuse throughout the County (b) Alleys wIll be used as routes for the collectiOn of refuse wherever the physIcal features of the alley are such that ItS use IS practIcal for the purpose Any nght-of-way dedIcated for public use and lymg to the rear or sIde of any bUIldmg lot shall be not less than twenty (20) feet m width If such nght-of-way IS to serve m any capacIty for the removal of refuse Where collectIOn of refuse IS made from the sIde or rear of property, contamers shall be placed near the servIce street CollectIOns wIll be made -5- only to the rear of mtenor property when such serVIce street IS provIded and IS usable Where no access road or alley eXIsts behmd or beside property, contamers shall be placed dIrectly behmd the curbmg or three (3) feet from the edge of those paved streets havmg no curbmg All contamers for refuse shall be placed only adjacent to the premIses served (c) Roll-out carts, recyclmg contamers, yard waste, bulky Items and other contamers for refuse shall be set out for collectIOn only upon those days desIgnated for the premIses mvolved m the schedule provIded for m thIS sectIOn (d) Roll-out carts and other contamers for refuse shall be removed from the street or alley promptly after collectIOn IS made SectIon 44-49. Emergency collectIOns/authority of Commissioners. (a) When, m the Judgment of the County Manager, a temporary emergency condItIOn eXists which restncts the County or ItS FranchIsee from bemg able to both collect and properly dIspose of all refuse normally placed for County collectIOn, the Manager shall so mform the County CommIssIoners The CommIssIOners may thereafter, by resolutIOn, declare a temporary emergency condItIOn to eXIst and reqUIre all customers of County collectIOn servIces, heremafter called "collectIOn customers," to comply wIth the followmg emergency reqUIrements 1 Place garbage m separate refuse contamers from trash 2 Store trash on the customers' premIses m a safe and samtary manner untll the same may be collected by the County or ItS FranchIsee 3 Place only contamers holdmg garbage for regular collectIOn 4 Said reqUIrements WIll take effect not less than one week followmg proper notIce to all County collectIOn customers Said notIce shall mclude emergency collectIOn reqUIrements, changes m collectIOn schedules, date requIrements take effect and condItIOns makmg emergency reqUIrements necessary When, m the Judgment of the County Manager, all emergency condItIOns cease to eXIst or subsIde sufficIently for the County to revert to ItS regular polIcIes, then the Manager shall recommend to the CommIssIOners that the emergency reqUIrements be termmated The Chairman of the Board of CommIssIOners or the entIre Board may thereafter declare that Said emergency condItIOn reqUIrements be termmated and the County's regular collectIOn pohcles be resumed Said -6- declaratIon shall be filed m wntmg m the Office of the Clerk of the Board of County CommIsslOners SectIon 44-50. Collection of garbage. Dunng emergency condItlOns, the volume of refuse prepared for regular collectlOn shall be restncted to a maXimum of one (1) róll-out cart per week, or three (3) contamers If the customer IS exempt from or does not receive cart servIce, each contamer bemg lImIted to a thirty-gallon capacity DIVISION 2. ADDITIONAL SOLID WASTE PROVISIONS Section 44-51. Scavenging, private collection. It shall be unlawful for any unauthonzed person to scavenge, sort, pick through or remove refuse, trash, yard wastes, or recyclables stored or set out for collectlOn, or for any person other than the County or ItS Franchisee to collect recyclables m the County where those matenals have been prepared and set out for collectlOn by the County or ItS Franchisee m accordance with thIS chapter Section 44-52. Accumulation of solid wastes prohibited. (a) No person may cause, suffer, or permIt refuse to accumulate or remam on premises under hIS control except m accordance wIth the provlslOns of thIS chapter The remammg subsectlOns of thIS sectlOn are not mtended to lImit the generalIty of the foregomg (b) It shall be the responsibilIty of the general contractor to see that all constructlOn and demolItlOn contractors keep the site m as reasonably clean and lItter-free condItlOn as possIble for a constructlOn or demolItlOn site All loose debns, paper, bUlldmg matenal waste, scrap bUlldmg matenals and other trash produced by those workmg on the site shall be contamenzed or disposed of m any other reasonable manner by the contractor m a tImely manner (c) All commercial establIshments shall, particularly with respect to theIr loadmg and unloadmg areas, store their refuse m contamers so as to elImmate wmd dnven debns and lItter m and about their establIshments Approved methods of contamenzatlOn mclude refuse receptacles and bulk contamers Spillage and overflow shall be Immediately cleaned up by said establIshment when and as It occurs (d) Parkmg lots shall be mamtamed by the person m posseSSlOn m a clean, lItter-free manner, wIth all trash generated therem contamenzed and prevented from spreadmg to adJommg property It shall be the -7- responsIbIlity of the person m possessIOn of the parkmg lot to collect the refuse and trash deposIted on the lot and place thIS matenal m contamers servIced by the County, Its FranchIsee or a pnvate contractor Section 44-53. Dumping or littering on public or private property. No person may place, dIscard, throw, drop, dump, or deposit, or cause to be placed, dIscarded, thrown, dropped, dumped, or deposited any lItter, trash or refuse on (a) Any publIc street or sIdewalk wIthm the County or on any property owned or operated by the County or any other publIc property, except m properly designated receptacles, or (b) Any property not owned by hIm without the consent of the owner, occupant, or lessee thereof, or (c) In any stream or body of water Section 44-54. Distribution of handbills. No person, firm, corporatIOn or organIzatIOn shall deposit m, paste on, or attach to any motor vehIcle any handbIlls, advertIsements, cards, cIrculars, leaflets, folders, banners, letters or pamphlets or cause Sald matenals to be deposited m, pasted on or attached to any motor vehIcle without the consent of the owner of the vehicle Section 44-55. Franchise required for solid waste collection. (a) A franchIse from the Board shall be reqmred of any person or entlty who collects, transports, and/or dIsposes of solId waste for compensatIOn wlthm the County OperatIOn without a franchIse IS prohIbIted and ViolatIOns are subject to the enforcement prOVISIOns of thIs chapter The franchIse shall be readIly aVailable at the FranchIsee's place of busmess FranchIses for resIdentIal customers shall be exclusIve as to the geographIc area mcluded m the franchIse, and franchIses for servIce to commercial customers shall be non-exclusIve (b) ResIdentlal franchIses shall be negotIated by the County, and the franchIse may mclude the entIre unmcorporated County or sectIOns of the County, at the dIscretIOn of the County CommercIal franchIses, although mandatory, shall not be unreasonably withheld by the County, and any hauler who meets the reqmrements set by the County Manager for a lIcense shall qualIfy for a franchIse A franchIse shall be contmgent upon the waste collector' remammg lIcensed, however -8- -. (c) All applIcants for franchIses to collect, transport and dIspose of solId waste shall file wntten applIcatIOn wIth the County Manager or hIS desIgnee, and shall furnIsh the followmg mformatlOn (1) Name and address of applIcant and whether a sole propnetorshIp, corporatIOn, or partnershIp, wIth dIsclosure of the ownershIp mterests (2) A lIst of the eqUIpment possessed, avmlable, or to be obtamed wIthm eIghteen (18) months by the applIcant (3) Number of employees the applIcant expects to use m smd busmess (4) Expenence of the applIcant m solId waste collectIOn (5) Balance sheet or eqUIvalent financIal statement prepared by a certIfied publIc accountant or other person satIsfactory to the Board as of the close of the applIcant's last busmess year, showmg the net worth of the busmess All financIal data submItted m complIanÅ“ wIth the reqUIrements of thIS paragraph shall be confidentIal under G S 132-1 2, and shall not be regarded as publIc mformatIOn In lIeu of the financIal statement, the County wIll accept a notarIzed statement from a certIfied publIc accountant venfymg the financIal VIabIlIty of the applIcant busmess (6) Any mformatIOn the Board may heremafter request The County shall process, accept or deny, each apphcatIOn wIthm SIXty (60) days of receIpt (d) All waste haulers operatmg m the County as of January 1, 2002, shall be granted a franchIse (e) Franchises shall be subject to a yearly review wIth the mformatIOn desIgnated m the above subsectIOn (c) bemg presented to the County Manager, dunng the last month of each year of servIce, or at such alternative annual date as desIgnated by the Manager's office (f) The County Manager or hIS desIgnee shall bnng apphcatIOns for franchIses and a reVIew of eXIstmg franchIses to the Board at such tImes as he deems appropnate, consIstent wIth the penod for approval above, and may grant to the applIcants adjudged by the Board to be qualIfied, a franchIse to collect waste m the County The terms of such franchIses shall not exceed seven (7) years, and shall be renewable -9- - ~ (g) The Board reserves the nght to revoke any franchIse granted, upon satisfactory proof of the mabIlIty or fmlure of the FranchIsee to properly perform the dutIes covered by the permIt and contract m a satIsfactory manner or for any of the grounds as set out m subsectIOn (I) below, after the FranchIsee has been gIven an opportumty for a heanng upon ten (10) days wntten notIce by mml before the heanng settmg forth the grounds for revocatIOn (h) The FranchIsee shall serve every person or busmess who contracts wIth hIm or her for solId waste m such a manner that the FranchIsee does not cause the person to be m vIOlatIOn with thIS chapter The FranchIsee shall not dIscnmmate agamst any person for contract purposes m vIOlatIOn of the CIvIl RIghts Act as amended on the baSIS of race, color, creed, relIgIOn, natIOnal ongm, physIcal Impalfment or sex (I) Before the County Manager Issues a franchIse pursuant to thIS chapter, the County Manager or hIS or her duly authonzed representatIve shall determme that all facIlItIes, eqUIpment, and proposed operatmg methods the applIcant plans to use m the solId waste collectIOn busmess are m complIance wIth thIS chapter and applIcable regulatIOns of the state comnllSSIOn for health servIces û) The applIcant, upon bemg awarded the nght to collect and dIspose of solId waste by the Board as heremabove provIded for, shall secure and present to the County Manager a good and sufficIent surety bond or lIabIlIty msurance polIcy covenng and msunng payment of such damages as may be done by the FranchIsee to the premIses or property upon WhIch he or she may enter for the purpose of collectmg or dIsposmg of solId waste Such polIcy shall contam a "hold harmless clause" mdemmfymg the County agamst clmms made by the FranchIsee (k) Should any FranchIsee, now eXIstmg or hereafter granted under the provIsIOns of thIS chapter, be sold, assIgned, pledged, or transferred, or If control thereof should be changed by stock transfer or otherwIse, or any nghts thereunder leased or should there be any merger or combmatIOn affectmg the franchIse be made through acqUIsItIOn or control by stock purchase or otherwIse, then a new apphcatlOn wIll need to be made and wntten approval WhICh shall be glVen If JustIfied by the facts then eXIstmg If any such transactIOn takes place pnor to approval of the new applIcatIOn, the new entIty shall operate under a temporary franchIse under the terms of the prevIOUS franchIse, subject to approval or termmatIOn at the tIme of the conSideratIOn of the new applIcatIOn (1) Any and every franchIse now eXIstmg or hereafter Issued, shall be subject to the provlSlons of thIS chapter and as It may hereafter be amended from -10- tIme to tIme, except that any amendment or amendments that may be made from tIme to tIme affectmg the duratIOn of a franchIse or franchIses eXIstmg at the tIme of the enactment of the amendment or amendments Any franch1se transferred or assigned wIthout the express wntten authonty of the Board of County Manager or hIS desIgnee shall be vOId and of no effec!, and any collectIOn thereunder 1S m vIOlatIOn of th1S chapter (m) A franch1se granted under this chapter may be revoked after notIce and hearmg as provIded m subsectIOn (f) and for noncomplIance wIth the provIsIOns of thIS chapter Section 44-56. Reporting requirements. MUnIcIpal solId waste collectors must submit data on the quantIty of dIfferent types of waste collected by the collector wIthm the des1gnated geographIc area as provIded m the regulatIOns on file m the County Clerk's office, as amended from tIme to tIme by the Board of COITIlTIlSSIOners Should any of the data whIch must be submitted by a mUnIcipal solId waste collector constitute a trade secret as defined m G S 66-152(3), or any other applIcable state statute, the County shall protect such mformatlOn as reqUIred by G S 132-1 2, provIded that at the tIme of m1tIal d1sclosure to the mUnIcIpal solId waste collector desIgnates such mformatIOn as confidentIal or as a trade secret Section 44-57. Administration. The admInIstratIOn and enforcement of thIS chapter shall be the duty of the County Manager or hIS desIgnee Section 44-58. Enforcement. ThIs chapter may be enforced m any of the followmg manners as prescnbed by law (a) VlOlatlOn a misdemeanor Any person who vIOlates any provIs1on of thIS chapter, mcludmg but not lImIted to knowmgly makmg a false certIficatIOn of the monthly data report shall upon convIctIOn be gUIlty of a mIsdemeanor and shall be fined not exceedmg $50000 or Impnsoned not exceedmg thIrty (30) days Each day that a vIOlatIOn contmues to eXIst shall be consIdered to be a separate offense (b) In¡unctlOn and order of abatement The prOVISIOns of thIS chapter may be enforced by mJunctlOn and order of abatement When a vIOlatIOn of thIS chapter occurs, the County, through the County Attorney or other officIal desIgnated by the Board of County ConulllssIOners, may apply to the -11- , , '"'...;:¡ ¡ ':'1 appropnate dIVISIOn of the general court of JustIce for a mandatory and prohIbItOry mJunctIOn and order of abatement commandmg the defendant to correct the unlawful actIVIty (c) Czvzl venaltles A cIvIl penalty of $100 00 per ton for dIsposal of solId waste m vIOlatIOn of thIS chapter shall be assessed by the County, whIch amount can be recovered by the County m a cIvIl actIOn m the nature of debt If the vIOlator does not pay the penalty wIthm thIrty (30) days after receIpt of the notice of vIOlatIOn speclfymg the amount of the cIvIl penalty A cIvIl penalty of $100 00 a day for faIlure to submIt the monthly data report to the County Manager or hIS desIgnee as reqUIred by the regulatIOns shall be assessed by the County, whIch amount can be recovered by the County m a cIvIl actIOn m the nature of debt If the vIOlator does not pay the penalty wIthm thIrty (30) days after the receIpt of the notIce of vIOlatIOn specIfymg the amount of the cIvIl penalty (d) DIsconnectIOn of water and sewer serVIce In the event the faIlure or refusal by a resIdent or owner to partIcIpate m the mandatory resIdentIal collectIOn system through nonpayment for servIce and If the resIdent or owner IS a New Hanover County Water and/or Sewer DIstnct customer, the water and/or sewer servIce of the resIdence may be dIsconnected untIl such tIme the resIdence IS m complIance (e) Other remedIes The prOVISIOns of thIS chapter may also be enforced m any other manner set forth m G S 153A-123 The provIsIons of ArtIcle IV of thIS chapter shall serve as an alternatIve to the provIsIOns m thiS sectIOn Except as specIfied referenced herem, the eXIstmg prOVISIOns of Chapter 44 shall rem am m full force and effect ThIs the 2nd day of June, 2003 NEW HANOVER COUNTY ~a~~rJrrnan -12- 28.13.5 A RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, the Local Government CommissIOn of North Carohna has mformed the Board of CommIssioners of the sale of the County of New Hanover $27,045,000 General ObhgatlOn Refundmg Bonds, Senes 2003, dated June 1, 2003 (the "Bonds") and that the contract of sale contemplates that the Bonds shall be payable and bear mterest as heremafter provided, and WHEREAS, the Board of CommIssIOners of the County of New Hanover (the "Issuer") desIres to take such actions as are necessary to approve the terms of such sale and to authonze and/or confirm such other documents and actIOns contemplated by such sale, mcludmg to approve the related escrow deposIt agreement NOW THEREFORE, BE IT RESOLVED by the Board of CommIssIOners of the Issuer, as follows The Board of CommIssIOners approves the sale of the Bonds to U S Bancorp PIper Jaffray on the terms accepted by the Local Government CommIssIOn The aggregate Issue sIze and mdlVIdual bond matunty prOVISIOns set forth m SectIOn 9 of the bond resolutIOn adopted by the Board on May 19,2003 are revIsed and amended accordmgly 2 The Bonds shall mature on March 1 m the years and pnncIpal amounts and bear mterest from theIr date payable on September 1, 2003 and semI-annually thereafter on March 1 and September 1 at the rates per annum, as follows Year 2004 2005 2006 2007 2008 2009 2010 2011 2012 PnncIpal Amount $1,330,000 3,065,000 4,465,000 4,530,000 4,555,000 2,485,000 2,245,000 2,225,000 2,145,000 Interest Rate 300% 500 500 500 500 500 500 500 500 The refundmg bond resolution adopted by the Board of CommIssIOners on May 19, 2003 shall be amended accordmgly 3 The Board of CormmssIOners of the Issuer hereby approves the terms of the Escrow DeposIt Agreement by and between the Issuer and FIrst-CItlzens Bank and Trust Company substantlally m the form presented to the Board of CommIssIOners (draft of 6/2103) and hereby authonzes the officers of the Issuer designated therem to execute and dehver the Escrow DeposIt Agreement m substantially such form with such changes and msertlOns as any of such officers shall deem necessary to accomplish the purposes for which the Bonds are bemg Issued, theIr executIOn thereof constltuting conclUSIve eVIdence of such approval 4 The Chairman and the Clerk of the Board of CommIssIOners, the County Manager, the Fmance DIrector and other officers of the Issuer are hereby authonzed and directed to take all other actIOns necessary m connectIOn wIth the sale and Issuance of the Bonds and the effectuatIOn of the purposes for whIch the Bonds are bemg Issued 5 ThIs resolutIOn shall become effective upon ItS adoptIOn ThIS the 2nd day of June, 2003 NEW HANOVER COUNTY TZ;¡V~~~ STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ) ss ) I, LucIe F Harrell, Clerk of the Board of COlrurusslOners of the County heremafter descnbed, DO HEREBY CERTIFY, as follows 1 A regular meetIng of the Board of CommIssIOners of the County of New Hanover, a county In the State of North CarolIna, was duly held on June 2, 2003, proper notice of such meetIng havIng been gIven as reqUired by North CarolIna statutes, and mInutes of said meetIng have been duly recorded m the MInute Book kept by me In accordance with law for the purpose of recordIng the mInutes of Said Board 2 I have compared the attached extract wIth said mInutes so recorded and said extract IS a true copy of saId mInutes and of the whole thereof msofar as Said mInutes relate to matters referred to In said extract 3 Said mInutes correctly state the tIme when Said meetIng was convened and the place where such meetIng was held and the members of saId Board who attended Said meetIng IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of said County, thIS 3rd day of June, 2003 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 Carohna on June 2, 2003 at 5 30 P m The followmg CommiSSiOners were Present Ted DavIs, Jr , Chairman Robert G Greer, VIce-Chairman WIlham A Caster, CommissiOner Nancy H Pntchett, CommIssIOner Juha Boseman, CommIssIOner Absent None Also present were Allen O'Neal, County Manager Wanda M Copley, County Attorney LucIe F Harrell, Clerk to the Board * * * * * * CommISSiOner Juha Boseman made a motIOn to mtroduce the followmg resolutIOn The motIOn was seconded by VIce-ChaIrman Robert G Greer and was unammously adopted The followmg resolutIOn was read at length WHEREAS, the Local Government CommIssIOn of North Carohna has mformed the Board of CommiSSiOners of the sale of the County of New Hanover $27,045,000 General ObhgatiOn Refundmg Bonds, Senes 2003, dated June 1, 2003 (the "Bonds") and that the contract of sale contemplates that the Bonds shall be payable and bear mterest as herem after provIded, and WHEREAS, the Board of CommIssIOners of the County of New Hanover (the "Issuer") desIres to take such actiOns as are necessary to approve the terms of such sale and to authonze and/or confirm such other documents and actiOns contemplated by such sale, mcludmg to approve the related escrow deposIt agreement NOW THEREFORE, BE IT RESOLVED by the Board of CommISSIOners of the Issuer, as follows I)" . 1 The Board of CommiSSIOners approves the sale of the Bonds to U S Bancorp Piper Jaffray on the terms accepted by the Local Government CommIssIOn The aggregate Issue SIze and mdlvIdual bond matunty prOVlSlons set forth m SectIOn 9 of the bond resolutIOn adopted by the Board on May 19, 2003 are revIsed and amended accordmgly 2 The Bonds shall mature on March 1 m the years and pnncIpal amounts and bear mterest from then date payable on September 1, 2003 and semi-annually thereafter on March 1 and September 1 at the rates per annum, as follows Year 2004 2005 2006 2007 2008 2009 2010 2011 2012 Principal Amount $1,330,000 3,065,000 4,465,000 4,530,000 4,555,000 2,485,000 2,245,000 2,225,000 2,145,000 Interest Rate 300% 500 500 500 500 500 500 500 500 The refundmg bond resolutIOn adopted by the Board of CommIssIOners on May 19, 2003 shall be amended accordmgly 3. The Board of CommIssIOners of the Issuer hereby approves the terms of the Escrow DeposIt Agreement by and between the Issuer and FIrst-CItizens Bank and Trust Company substantIally m the form presented to the Board of CommissIOners (draft of 6/2/03) and hereby authonzes the officers of the Issuer desIgnated therem to execute and delIver the Escrow Deposit Agreement m substantIally such form wIth such changes and msertlOns as any of such officers shall deem necessary to accomplIsh the purposes for whIch the Bonds are bemg Issued, then executIOn thereof constItutmg conclusive eVIdence of such approval 2 4 The ChaIrman and the Clerk of the Board of CommIssIOners, the County Manager, the Fmance DIrector and other officers of the Issuer are hereby authonzed and directed to take all other actIOns necessary m connectIon wIth the sale and Issuance of the Bonds and the effectuatIOn of the purposes for which the Bonds are bemg Issued 5. ThIS resolutIOn shall become effectIve upon ItS adoptIOn CommiSSIOner Nancy H. Pntchett moved that the Board of CommIssIOners of the County of New Hanover adopt the resolutIOn CommissIOner WIlham A Caster seconded the motIon and the motion was adopted The vote on the adoptIOn of the resolutIOn was as follows AYES Ted DavIs, Jr , Chairman Robert G Greer, VIce-ChaIrman WIlham A Caster, CommissIOner Nancy H Pntchett, CommissIOner Juha Boseman, CommIssIOner NAYS None. * * * * * * * NYA 44286915691000604