2004-03-22 RM Exhibits28.25.6
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, after due advertisement, bids were received and publicly opened by the Finance
Department at 3:00 p.m., on the 2nd day of March, '2004, at the County Administration Building
320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for gas masks
for the Emergency Management Department, Bid # 04-0226:
(
Julius Kraft Company, Inc.
SAFECO, Inc.
Lawmen's Safety
$132,879.00 *(non-responsive)
$139,363.62
$139,420.68
AND WHEREAS, the proposal received from Julius Kraft Company, Inc. took exception to two
(2) ofthe bid requirements and therefore was determined to be non-responsive and cannot be considered
for the award;
AND WHEREAS, öfthe remaining two bidders, the lowest responsive bidder is SAFECO, Inc.;
AND WHEREAS, the bid request reserved the right for the County to add or delete quantities
awarded at the quoted unit pricing;
AND WHEREAS, quantities have been reduced to bring the amount of the purchased within
grant funds available resulting in a recommended purcha~e amount of one hundred thirty-two
thousand seven hundred twelve dollars and seventy-one cents ($132,712.71);
AND WHEREAS, the Emergency Management Director, the Finance Director and the County
Manager recommend that the contract be awarded to SAFECO, Inc. of Charleston, South Carolina, the
lowest responsive bidder, in the amountof one hundred thirty-two thousand seven hUl1dred twelve dollars
and seventy-one cents ($132,712.71);
AND WHEREAS, funds have been previously appropriated and are now in Account No.
110-433-4330-3000-4430 to cover this contract;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the contract for gas masks for the Emergency Management Department,
Bid # 04-0226 be awarded to SAFECO, Inc. in the amount of one hundred thirty-two thousand seven
hundred twelve dollars and seventy-one cents ($132,712.71); and that the County Manager is hereby
authorized and directed to execute the contract # 04-0226, contract form to be approved by the County
Attorney.
This 22nd day of March, 2004.
\
4A.~
(SEAL)
Chairman, Board of County Commissiol1ers
ATTEST:
.J~p ~ Ì)lr~:r
Clerk to the Board I -~ I
28.25.7
NEW HANOVER COUNTY TAX COLLECTIONS
COLLECTIONS THRU 2/29/04
CURRENT TAX YEAR - 2003
ORIGINAL TAX LEVY PER SCROLL
DISCOVERIES ADDED
LESS ABATEMENTS
TOTAL TAXES CHARGED
AD VALOREM
$ 105,524,243.25
4,158,275.78
453,780.28
$ 109,228,738.75
ADVERTISING FEES CHARGED
LISTING PENALTIES CHARGED
CLEANING LIENS CHARGED
TOTAL LEVY
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
.00
107,079.00
.00
$ 109,335,817.75
- 104,980,100.59
$ 4,355,717.16
96.02%*
BACK TAXES
REAL ESTATE AND PERSONAL PROPERTY
CHARGES ADDED
LESS ABATEMENTS
TOTAL TAXES DUE
COLLECTIONS TO DA TE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
$ 4,499,014.44'
40,445.16
149,240.10
$ 4,390,219.50
1.775,404.77
$ 2,614,814.73
40.44%
RENTAL VEHICLE TAX COLLECTIONS
ROOM OCCUPANCY TAX COLLECTIONS
PRIVILEGE LICENSE COLLECTIONS
FEB 2004
16,557.31
195,446.98
590.00
$
re tf "2-~.:J...5"'. 7
CONSENT AGENDA
DATE:
ITEM NO.
MOTOR VEHICLE
$ 6,974,316.32
9,113,64
92,090.80
$ 6,891,339.16
.00
.00
.00
$ 6,891,339.16
5,309,664.13
$ 1,581,675.03
77.05%*
FISCAL YTD
$ 166,198.11
4,006,656.59
12,841.89
TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR NEW HANOVER COUNTY, CITY OF WILMINGTON,
WRIGHTSVILLE BEACH, CAROLINA BEACH AND KURE BEACH TO DATE - $166,034,613.02.
THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1,2003.
~ECTFULL Y SUBMITTED,
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PATRICIA J. RA~R
COLLECTOR OF REVENUE
* COMBINED COLLECTION PERCENTAGE - 94.89%
28.25.7
CONSENT AGENDA
DATE:
ITEM NO.
NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS
COLLECTIONS THRU 02/29/04
CURRENT TAX YEAR - 2003
AD VALOREM
MOTOR VEHICLE
-----------------------
---------------
---------------
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
$ 3,368,081.78 $
185,459.79
64,477.06-
255,303.24
583.53
3,126.71-
---------------
---------------
$ 3,489,064.51
3,982.19
$
252,760.06
.00
---------------
---------------
$ 3,493,046.70 $
3,356,019.13-
252,760.06
196,011.25-
---------------
---------------
$
137,027.57 $
96.08%*
56,748.81
77.55%*
----------
REAL ESTATE AND PERSONAL PROPERTY $
CHARGES ADDED
LESS ABATEMENTS
114,116.00
2,110.75
2,436.97-
---------------
TOTAL TAXES DUE
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
$
113,789.78
51,375.13-
---------------
$
62,414.65
45.15%
THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1, 2003.
R~CTFULLY SUBMITTED,
-Yú.n1li"" <Z\ ~rcrt...
PATRICIA J. ~NOR
COLLECTOR OF REVENUE
* COMBINED COLLECTION PERCENTAGE - 94.83%
28.25.8
Resolution
City Council '
City of Wilmington
North Carolina
Introduced By: Sterling B. Cheatham, City
Manager
03/16/2004
Concurrent Resolution of the Wilmington City Council and. the Board of
Commissioners of New Hanover County Creating the Cape Fear Public
Transportation Authority and Approving the Interlocal Agreement Between
the City and County to Jointly Fund and Support the Operation of the
Authority
LEGISLATIVE INTENT/PURPOSE:
N.C.G.S. Chapter 160A, Article 25 authorizes cities and counties to create a public transportation
authority to provide a safe, adequate and convenient public transportation system.
Effectiye July 1,2003, through June 30, 2004, thè City, New Hanover County and the
Wilmington Transit Authority entered into an interlocal agreement creating the Wilmington':New
Hanover County Transportation Agency (Agency), a joint transportation agency for the operatio!1.
of transportation services and facilities throughout New Hanover County.
The Agency recommended the creation of a public transportation authority pursuànt to N,C,G.S.
Chapter 160A, Article 25 to serve the greater Wilmington region.
Pursuánt to Subpart B, Article I Section 9 of the Wilmington City Charter (Sess.· Laws 1973, ch.
224 §9), effective at midnight on June 30, 2004, the City Council tenninated the existence of the
Wilmington Transit Authority by repealing Article IV of Chapter 2 of the City Code entitled'
"Transit Authority".
Effective at 12:01 a.m. on July 1,2004, the City of Wilmington and New Hanover County desire
to create a public transportation authority and to coordinate funding and other resources to
support the operation of the authority through an interlocal agreement pursuant to the provisions
of G.S., 160A-588 and G.S. 160A-460 et. seq.
THEREFORE, BE IT RESOLVED:
BY THE WILMINGTON CITY COUNCIL AND THE BOARD OF COMMISSIONERS OF
NEW HANOVER COUNTY THAT:
Section 1.
1. Creation of Authority, Pursuant to the provisions of Article 25 of Chapter 160A of the North
Carolina General Statutes, effective at 12:01 a.m, on July 1,2004 there is hereby created the
Cape Fear Public Transportation Authority, a body corporate and politic, hereinafter réferred to
as the "Authority",
2. Purpose. The purpose of the Authority is to provide for a safe,' adequate and convenient
transportation system to serve the greátêt Wilmington region through the granting of
franchises, ownership and leasing of terminals, buses and other transportation facilities and
equipment, excluding Vehicles for Hire governed by Article V of Chapter 4 of the Wilmington
City Code, and otherwise through the exercise of the powers and duties conferred upon it
herein.
3. Membership. The Authority shall be composed of eleven members, five of which are to be
appointed by the City of Wilmington, five appointed by New Hanover County, and one
member appointed jointly by the City and County. The'members of the Authority shaIi reside
within the territorial jurisdiction of the Authority as set forth in Paragraph 6 hereinbelow. The
term of office for all Authority members shall be three years, which initial terms may be
staggered as determined by the City and County. The date from which regular three-year tenÌ1s
shall run is June 30th of each year. Appointments to fill vacancies occurring during the regular
terms shall be made by the governing body which made the regular term appointment. Any .
member appointed may be relieved of service at the discretion of the governing body making
the appointment. The appointment of all members shall run until their successors are
appointed and qualified. The members òf the Authority shall elect a chairman and
vice-chairman from its membership. 'The members shall also eleCt a secretary who may, or
may not, be a member of the Authority. A majority of the Authority members shall constitute
a quorum for the transaction of business. An affirmative vote of the majority of members
present at a meeting of the Authority shall be required to constitute action. of the Authority. .'
Members of the Authority shall receive such compensation, if any, as may be fixed jointly bY.
. the City and County.
,,4. Meetings. The organizational meeting of the Authority shall be held within thirty days of its
creation. The Authority shall hold public meetings at least twice annually at a time and place
to be determined by its members. The Authority shall hold such additional meetings as its
business may require,
5., General Powers. The Authority shall manage and 'operate the public transportation system in
an efficient manner, so as to enable it to fix rates of fare for passengers at a reasonable level,
, consistent with safe, adequate and proper service. The general powers of the Authority shall
include any or all of the following:
(1) To sue and be sued;
(2) To have a seal;
(3) To make rules and regulations, not inconsistent with N.C.G.S, Chapter 160A for its
organization and internal management;
(4) To employ persons deemed necessary to carry out the management functions and duties
assigned to them by the Authority and to fix their compensation, within the limit of
available funds;
(5) With the approval of the City Manager and County Manager to u'se officers, employees,
agents and facilities ofthe City and Countyrespectively for such purposes apd upon such I
terms as maybe mutually agreeable; Il--II,\ ~
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(6) To retain and employ counsel, auditors, engineers and private consultants on an annual
'salary, contract basis, or otherwise for rendering professional or technical services and
advice;
(7) To acquire, maintain and operate such lands, buildings, structures, facilities, and equipment
as may be necessary or convenient for the operations of the Authority and for the operation
of a public transportation system;
(8) To make or enter into contracts, agreements, deeds, leases, conveyances or any other
instruments, including contracts and agreements with the United States and the State of
North Carolina;
(9) To surrender any property no longer required by it as determined by the City and County;
(10) To make plans, surveys and stÚdies of public transportation fàcilities within the territorial
jurisdiction of the Authority set forth hereinbelow and to prepare and make
recommendations in regard thereto;,
(11) To enter into and perform contracts with public transportation companies with respect to
the operation of public passenger transportation;
.(12) To issue certificates of public convenience and necessity and to grant franchises and enter
, into franchise agreements and in all respects to regulate the operation of buses, and other\
methods of public transportation, except Vehicles for Hire governed by Article V of
Chapter 4 of the Wilmington City Code, which originate and terminate within the
territorial jurisdiction of the Authörity as fully as the City and County is now or hereafter
empowered to do within its territorial jurisdiction and the jurisdiction established in
N.C.G,S. Chapter 160A, Article 25 as set forth in Paragraph 6 hereinbelow;
(13).To operate public transportation systems and to enter into and perform contracts to operate
public transportation services and. facilities andto own or lease property, facilities and
, equipment necessary or convenIent therefor, and to rent, lease or otherwise sell the right to '
do so to any person, public or private, and to obtain grants, loans and assistance from the
United States, the State, any public body, or any private source whatsoever; ,
(14) To enter into and perform contracts with other unitsoflocal government when specifically
'authorized by the Wilmington City Council and the Board of Commissioners of New
Hanover County and to enter into and perform contracts and agreements with other public
transportation authorities pursuant to the provisions of G.S. 160A-460 through 160A-464
of Part 1 of Article 200fChapter 160A of the North Carolina General Statues; and
(15) To do all things necessary or convenient to carry out its purpose and to exercise the powers
granted to the Authority herein,
6. Territorial Jurisdiction. The jurisdiction of the Authority shall extend to all local passenger
transportation, except Vehicles for Hire governed by Article V of Chapter 4 of the Wilmington
City Code, operating within the boundaries of the City of Wilmington and up to 30 miles
outside the corporate limits of the City, as extended from time to time. The Au~horityshall not
have jurisdiction over public traIlsportation subject to the jurisdiction and regulated by the
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LC,C (Interstate Commerce Commission), nor shall it have jurisdiction over intrastate public
transportation classified as common carriers of passengers by the North Carolina Utilities
Commission, The Authority shall not extend service into a political subdivision without the
consent of the governing body of that political subdivision, A majority vote of the governing
body shall constitute consent. '
7. Fiscal Accountability. The Authority shall be fiscally accountable to the City of Wilmington
and New Hanover County. The Wilmington City Council and the Board of Commissioners of.
New Hanover County shall have authority to examine all records and accounts of the Authority
at any time. The City and County are authorized to appropriate funds to support the
establishment and operation of the Authority,
8. Funds. The City and County may also dedicate, sell, convey, donate, or lease any of its
interests in any property to the Authority. The Authority is authorized to establish such license
and regulatory fees and charges as it may deem appropriate subject to approval of the City
Council and Board of Commissioners. If the City Council and Board of Commissioners find
that the funds otherwise available are immfficient for the operation of the Authority, they may
jointly call a special election without a petition and submit to the qualified voters of New
Hanover County the question of whether or not a special tax shall be levied and/or bonds
issued, specifying the amount thereof, for the purpose of acquiring lands, buildings, equipment
and facilities and forthe operations of the Authority.
9; Agreements and Regulations. Any agreements of the City of Wilmington and New Hanover
Cöunty regarding the provision and management of public transportation services shall
continue in full force and effect until legally tenninated and may be assigned to the Authority.
All ordinances and resolutions of the City and New Hanover County regulating bus and van
public transportation not governed by Article V of Chapter 4 of the Wilmington City Code
shall continue in full force and effect until suspended by regulations of the Authority.
10. Termination. The City Council and Board of Commissioners of New Hanovèr County may
tenninate the existence of the Authority at any time. In the event of such a tennination, the
property and assets of the Authority shall become the property ofthe County and City in
proportion to their respective contributions towards the acquisition of such property and the
County and City shall succeed to the rights, obligations and liabilities of the Authority in
proportion to the County and City respective contributions to the Authority unless the County
and City agree to a transfer of such property, assets, rights, obligations and liabilities to a
successor to the Authority or to each other.
)',
Section 2.
The Wilmington City Council and the Board of Commissioners of New Hanover County hereby
approve, and authorize its Mayor and Chainnan, respectively, to execute the Interlocal Agreement
between the City and County to jointly fund and support the operation of the Cape Fear Public
Transportation Authority containing substantially the tenns and conditions set forth in the
Interlocal Agreement between the City of Wilmington and New Hanover Counwattached hereto,
¡,
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Spence H. Broadhurst, Mayor "
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Adopted at a regular meeting
on March 16 , 2004,
ATTEST:
Penelope Spicer Sidbury
City Clerk
[SEAL]
Adopted at a Regular meeting
on March 22, 2004
Attest
Lucie F. Harrell
Clerk to the Board
APPROVED AS TO FORM:
Tom Pollard
City Attorney -
NEW HANOVER COUNTY
Robert G. Greer, Chairman
Board of County Commissioners
APPROVED AS TO FORM:
Wanda Copley
County Attorney