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HomeMy WebLinkAbout2002-05-06 RM Exhibits27.19.1 INTRODUCED BY: Allen O'Neal, County Manager DATE: May 6, 2002 RESOLUTION PROPOSING ACCEPTANCE OF THE OFFER TO PURCHASE REAL PROPERTY LOCATED AT 917 N. 5:fH STREET LEGIS LA TIVE INTENT /PURPOSE: This resolution relates to the proposed sale of surplus property jointly owned by the City of Wilmington and New Hanover County, more particularly identified as follows: Parcel Number 3118-20-82-8484.000 4809-038-025.000 Address 917 N. 5th Street Amount of Offer $4,250.00 Tax Value $3,105.00 Property Dimensions 46 x 46 Offerer Morris Massey, 141 Blount Drive, Wilmington, NC Market Value $4,250.00 This property has been offered to all qualifying non-profit organizations. None could use the property in their program. The offerer has agreed to pay the amount indicated above for the parcel identified. The parcel has been declared surplus by County Commission and not needed for public purposes. RESOLVED: 1. That pursuant to N.C.G.S. l60A-269, the County Commission does hereby propose to accept the offer to p':lrchase identified herein from the offerer as indicated. 2. That New Hanover County reserves the right to reject any and all offers. 3. That the City of Wilmington or New Hanover County will retain any deposit posted by the offerer when: a. The offer is withdrawn after posting the deposit. b. The offerer fails to pay the balance of an approved offer, due in cash, within ten (10) days of receipt of a notice by certified mail of availability of the deed of conveyance. 4. That the offerer shall deposit the sum of 5% of the total offer immediately following adoption of this resolution. 5. That the Clerk of the Board of Commissioners will publish a notice of the offer as required by N.C.G.S. 160A-269. .... -.:,.... ~ Adopted at a regular meeting on May 6, 2002 ATTEST: a~-/\/~ Clerk to the Board \. New Hanover County Board of Commissioners idÛw()· Chairman ------ 27.19.2 NE\V HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION WHEREAS, false bomb threats against our schools and court facilities cause major disruption of their work; and WHEREAS, the making of a false bomb threat is a felony punishable by fines, suspension of driving privileges, and/or prison; and WHEREAS, the related public costs of a false bomb threat are estimated at $110,000 per incident; and 'WHEREAS, the number of bomb threats increased dramatically following the terrorist attacks of September 11, 2001; and WHEREAS, a task force was created by former Wilmington Mayor David Jones to address this problem; and WHEREAS, this task force has created a program of public awareness; NO\V, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners condemns false bomb threats as a financial burden and work disruption to our schools and courts, and encourages the general public to become aware of the ramifications of such action, and urges them to assist in the discouragement of similar hoaxes and apprehension of those who make such threats. Adopted this the 6th day of May, 2002 t;oo· Ted Davis, Jr., ChaIrman ~~-:~ \7!~-?1 " ~~;~ Harrell, Clerk to the Board 27.19.3 . NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMATION WHEREAS, the Economic Opportunity Act of 1965 created local community action agencies; and WHEREAS, local community action agencies were established throughout the entire country to make an essential contribution to the war against poverty by providing a "hand.,up" to self-sufficiency, not a "hand-out"; and WHEREAS, New Hanover County Community Action, Inc. has a thirty-two year history of promoting family self-sufficiency in New Hanover County; and WHEREAS, individuals and families oflimited income in New Hanover County continue to need opportunities which enable them to improve their lives and living conditions, thusenabting them to live in dignity; and WHEREAS, New Hanover County pledges itself to continue to develop communities in ways to ensure that all citizens are active and productive participants in their community; NOW, THEREFORE BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the month of May, 2.002 be declared National Community Action Month in New Hanover County in recognition of the hard work and diligence of staff, administration and many volunteers of New Hanover County Community Action, Inc. Adopted the sixth day of May, 2002. ~iliQ~an \ I .~\;j ~~ ~~, ,~ ".~ I~ ~?~~~y. ~}: ~ ~ M( õl~, . _ .., ... .... ',t.J\" . .,r¡ ,'", '.¡_-"". '_~"~ . 'e,"· .- "". ....., µ -"'t· j.'tÚ'·.....~..'S::I!!~.~.,1&~ i ~..~'.~,'.:.j!..~'-r:~I-.~I."S1 ' ,,,\~i~~~i~·'. ~ "":'~.. ,,~~~~~ . .~' ~it"~1,'~~~i'.,~....~, ~q'}¡iI'ii"':~~r," ~~:~:1';;;;J .. Attest: . rx2_ .~ ~ ~Þ1 ~ "I:'~ Harrell, Clerk to the Board 27.19.4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS A PROCLAMATION FOSTER CARE MONTH MAY 2002 WHEREAS, foster parents come in all shapes and sizes; races and colors; some foster parents a professionals and some are professional foster parents for our special needs children; and WHEREAS, some foster parents are motivated by religious principles, some by civic obligations, all I love of children; and WHEREAS, we turn more and more to the family foster homes of New Hanover County to nurture t bodies and spirits of the children in our charge while our social workers guide the parents to overCOD their problems and deficiencies to provide safe, permanent homes for their children to return; and WHEREAS, the family foster homes are the backbone of the child welfare system allowing children grow and develop in healthy environments while their families of origin resolve their problems; and WHEREAS, our need for these dedicated persons who open their homes and hearts to other people children is as great as ever; and . WHEREAS, many of our foster parents open their homes to provide safe, permanent, loving homes children who can never go back to their family of origin and who need a forever home; and WHEREAS, May is singled out as Foster Care Month to be the one month we publicly recognize tJ tremendous contribution made by our foster parents to the child welfare system and to the lives ofchildrl . in that system; NOW THEREFORE BE IT RESOLVED THAT the New Hanover County Board ofCommissione in recognition of Foster Care Month, thank all the foster mothers and foster fathers for their commitme . to these children. Adopted this the 6th day of May, 2002 f(¡ {JåkJ[ì . Ted Davis, \{hairman Attest: ~v!~/k' LllcieF _ HarrelL Clerk to the Board 27.19.5 WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Proclamation unintentional injury is the number one killer of children ages 14 and under; and in 1999 more than 382,000 children ages 14 and under were treated in hospital emergency rooms in the United States for bicycle-related injuries; and more than 40 percent of all bicycle-related deaths are due to head injuries and approximately three-fourths of all bicycle-related head injuries occur among children ages 14 and under; and New Hanover County, as compared to North Carolina, has a 50 percent higher number of bicycle crashes at intersections, and 40 percent higher number of crashes due to motorist failing to yield or bicyclist overtaking a motorist; and the single most effective safety device available toreduce head injury and death from bicycle crashes is a helmet; and national estimates report, helmet use among child bicyclists is only 15 to 25 percent; and every dollar spent on a bicycle helmet saves this country $30 in direct medical costs and other costs to society; and ' the New Hanover SAFE KIDS Coalition and National SAFEKIDS Campaign, with the support of founding sponsor Johnson & Johnson, launches SAFE KIDS Week 2002, "Wheel Safety", which focuses on the prevention of bicycle-related traumatic brain injury; and New Hanover County, North Carolina, supports injury prevention efforts to decrease the unnecessary death and disability from bicycle and other wheeled recreational vehicles; and North Carolina law requires all bicyclists under age 160n public roadways, rights of way, or paths to wear a safety approved bicycling helmet. BE IT THEREFORE RESOLVED, that the New Hanover County Board of Commissioners do hereby proclaim May 5 throughMay 11, 2002 as: . NATIONAL SAFE KIDS WEEK In New Hanover County, NOI1:h Carolina and call upon all our residents to join us in taking action to reduce the numher of hicycle and other wheeled sports related injuries in our community. ~i[h~() Adopted the 6th day of May, 2002 ~1~~ ~:~'i¡J(fJÞ¡:~tæ:,r}~~i :;,'~Ëi;.~:~::? ..' . ",,~'i#,' . ..,....&;;,~,. ~'~''''-~'I. .......:1t'C'r> ;:'.'':,;,'';'' .. ....':.:. \ ~ ,~: 27.19.6 RESOLUTION RECOGNIZING NEW HANOVER COUNTY AS A PARTICIPANT IN THE PILOT PROGRAM FOR REHABILITATING EXISTING BUILDINGS WHEREAS, on August 17,2001, the General Assembly of North Carolina adopted Session Law 2001- 372, Senate Bill 633 entitled, "An Act to Establish a Building Code Pilot Program for Rehabilitating Existing Buildings," (herein "Act"); and WHEREAS, the Act establishes a building code pilot program for the State of North Carolina based upon the New Jersey Uniform Construction Code Rehabilitation Subcode; and WHEREAS, the pilot code is an optional code that may be used in place of the other codes adopted by the North Carolina Building Code Council for use in the State of North Carolina; and WHEREAS, the Lead Local Jurisdiction, which for New Hanover County purposes is Mecklenburg County, is required to cross reference the New Jersey Code with the current North Carolina Building Codes without substantive changes to prepare a pilot code and then forward the pilot code to the North Carolina Department of Insurance for comments; and WHEREAS, New Hanover County may participate as an eligible local jurisdiction in the Pilot Program to administer the pilot code within the County since New Hanover County was approved on December 9, 2001 to perform local plan reviews by the North Carolina Building Code Council; and WHEREAS, the Pilot Program may commence on the date the eligible jurisdiction communicates to the Department of Insùrance and the Lead Local Jurisdiction that the governing board adopted the pilot code; and WHEREAS, the pilot code expires for all participating jurisdictions on January 1, 2006; NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that: 1. New Hanover County is hereby declared to be a particip'ant in the Pilot Program for rehabilitating existing buildings within the County's jurisdiction. 2. The Board of Commissioners for New Hanover County hereby adopts the pilot code prepared by the Lead Local Jurisdiction. 3. The County Manager is hereby authorized to communicate in writing to the North Carolina Department of Insurance and the Lead Local Jurisdiction, being Mecklenburg County, that New Hanover County has adopted the pilot code for use in New Hanover County. Adopted this 6th day of May, 2002. &av9~~Q:n A TTE~T: . . A / . ~~,vI~ '- ~!;e F. Harrell Clerk to the Board 27.19.7 New Hanovèr County Board of Commissioners RESOLUTION May 6, 2002 WHEREAS, the New Hanover County Board of Commissioners is committed to the promotion of safe and convenient bicycling for both transportation and recreation; and WHEREAS, New Hanover County is committed to promoting the safe use of Bicycles on the County's roads, sidewalks and trailways; and WHEREAS, education about bicycle safety and maintenance will encourage children and adults to operate their bicycles in a safe manner on all bicycle and shared access facilities; and> WHEREAS, the New Hanover County Board of Commissioners is committed to alleviating traffic congestion and ensuring a clean and healthy environment; and WHEREAS, a Bike Friendly community is committed to; 1. Good roads: Streets that can be shared by bikes and cars safely and conveniently. 2. Bicycle paths and trails: Paved and unpaved routes where youth and casual riders can bicycle comfortably and safely. 3. Safety conscious bicyclists: Educated and experienced riders of all ages, whq share the road safely and confidently, obeying all traffic regulations. 4. Safety conscious motorists: Drivers who are alert to bicyclists and share the road with them. 5. Well-planned neighborhoods: Neighborhoods that are conveniently linked to promote bicycle travel between homes, schools, stores, libraries, recreational and sports facilities, churches, beaches, and workplace destinations. Traffic regulations and other controls that calm traffic in residential and other areas frequented by children on bicycles. NOW, THEREFORE BE IT RESOLVED, the New Hanover County Board of Commissioners designates May as Bicycle Awareness Month and that New Hanover County is Bike Friendly and will continue to promote safe cycling opportunities for New Hanover County citizens. This the 6th day of May, 2002. 1d ßw,n, Ted Davis, Ch~i~ q;;~~~--" 27.19.8 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS A meeting ofthe Board of Commissioners for the County of New Hanover, North Carolina, was held in the New Hanover County Courthouse, 24 North Third Street, Room 301, Wilmington, North Carolina, at 5:30 P.M. on May 6, 2002. Present: Absent: Chairman Ted Davis, Jr. Vice - Chairman Robert G. Greer Commissioner Julia Boseman Commissioner William A. Caster Commissioner Nancy Pritchett None Also present: Allen O'Neal, County Manager Wánda M. Copley, County Attorney Lucie F. Harrell, Clerk to the Board * * * * * * * * Chairman Ted Davis, Jr. presented the following resolution and Commissioner Caster moved that it be adopted: · . WHEREAS, the bond orders hereinafter described have been adopted, and it is desirable to make provision for the issuance of bonds authorized by said bond orders; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, North Carolina (the "Issuer"), as follows: I. Pursuant to and in accordance with the school bond order adopted by the Board of Commissioners on September 2, 1997, the Issuer shall issue its bonds of the aggregate principal amount of $14,000,000. The period of usefulness of the capital projects to be financed by the issuance ofthe bonds is a period of forty years, computed from June 1, 2002. 2. Pursuant to and in accordance with the community college bond order adopted by the Board of Commissioners on September 2, 1997, the Issuer shall issue to bonds of the \ aggregate principal amount of $14,300,000. The period of usefulness of the capital projects to be financed by the issuance of the bonds is a period of forty years computed from June I, 2002. 3.· The bonds to be issued pursuant to the bond orders described in paragraphs 1 and 2 of this Resolution shall be issued as one consolidated bond issue of the aggregate principal amount of $28,300,000 and shall be designated "Public Improvement Bonds, Series 2002" (the "Bonds"). The Board of Commissioners has ascertained and hereby determines that the average period of usefulness declared in paragraphs 1 and 2 of this Resolution is a period of forty years computed from June 1,2002. 4. The Bonds shall be dated June 1, 2002 and shall bear interest from their date at a rate or rates which shall be hereafter determined upon the public sale thereof and such interest shall be payable on December I, 2002 and semi-annually thereafter on June 1 and December 1. The Bonds shall mature, subject to the right of prior redemption as hereinafter set forth, annually on June I, as follows: Principal Principal Year Amount Year Amount 2005 $1,300,000 2014 $1,300,000 2006 1,300,000 2015 1,300,000 2007 1,300,000 2016 1,300,000 2008 1,300,000 2017 1,300,000 2009 1,300,000 2018 1,300,000 2010 1,300,000 2019 1,300,000 2011 1,300,000 2020 1,300,000 2012 1,300,000 2021 5,200,000 2013 1,300,000 2022 2,300,000 2 · t. - . Interest will be payable to the owners of the Bonds shown on the records of the hereinafter designated Bond Registrar of the Issuer on the record date which shalI be the fifteenth day of the calendar month (whether or not a business day) next preceding a debt service payment date. 5. The Bonds wi]] be issued in fulIy registered form by means of a book entry system with no physical distribution of bond certificates made to the public. One bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York ("DTC"), and immobilized in its custody. The book entry system wi]] evidence ownership of the Bonds in principal 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 wi]] be payable at the times stated in the preceding paragraph, and principal of the Bonds will be paid annually on June I, as set forth in the foregoing maturity schedule, to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC wi]] be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The Issuer will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. In the event that (a) DTC determines not to continue to act as securities depository for the Bonds, or (b) the Issuer determines that continuation of the book entry system of evidence and transfer of ownership of the Bonds would adversely affect the interests of the beneficial owners of the Bonds, the Issuer wi]] discontinue the book entry system with pTC. If the Issuer fails to identify another qualified securities depository to replace DTC, the Issuer will authenticate and deliver replacement Bonds in the form of fully registered certificates. Each Bond shall bear interest from the interest payment date next preceding the date on which it is authenticated unless it is (a) authenticated upon an interest payment date in which event it shall bear interest from such interest payment date, or (b) authenticated prior to the first interest payment date in which event it shaIl bear interest from its date; provided, however, that if at the time of authentication interest is in default, such Bond sha]] bear interest from the date to which interest has been paid. The principal of and the interest on the Bonds sha]] be payable in any coin or currency of the United States of America that is legal tender for the payment of public and private debts on the respective dates of payment thereof. 6. The Bonds sha]] bear the manual or facsimile signatures of the Chairman and the Clerk of the Board of Commissioners of the Issuer and the official seal or a facsimile of the official seal of the Issuer sha]] be impressed or imprinted, as the case may be, on the Bonds. The certificate of the Local Government Commission of North Carolina to be endorsed on a]] Bonds sha]] bear the manual or facsimile signature of the Secretary of said Commission or of a representative designated by said Secretary and the certificate of authentication of the Bond Registrar to be endorsed on a]] Bonds shalI be manua]]y executed. 3 · . In case any officer of the Issuer or the Local Government Commission of North Carolina 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 va:Iid 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 obJigatory for any purpose or be entitled to any benefit or security under this resolution until it shall have been authepticated by the execution by the Bond Registrar of the certificate of authentication endorsed thereon. 7. The Bonds and the endorsements thereon shall be in substantially the following form: 4 ", NO. R-$ United States of America State of North Carolina COUNTY OF NEW HANOVER PUBLIC IMPROVEMENT BOND, SERlliS 2002 INTEREST RATE MA TURITY DATE DA TE OF ORIGINAL ISSUE CUSIP June l, June 1,2002 REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS The County of New Hanover (hereinafter referred to as "County"), a county of the State of North Carolina, acknowledges itself indebted and for value received hereby promises to pay to the registered owner named above, on the date specified above, upon surrender hereof, at'the office of the Finance Director of the County, 320 Chestnut Street, Wilmington, North Carolina 28401 (the "Bond Registrar"), the principal 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, interest on such principal sum from the date of this bond [or ftom the June 1 or December 1 next preceding the date of authentication to which interest shall have been paid, unless such date of authentication is a June 1 or December I to which interest shall have been paid, in which case ftom such date], such interest to the maturity hereof being payable on December I, 2002 and semi-annualIy thereafter on June I and December 1 of each year, at the rate per annum specified above, until payment of such principal sum. The interest so payable on any such interest payment date will be paid to the person in whose name this bond is registered at the close of business on the record date for such interest, which shall be the fifteenth day ofthé calendar month (whether or not a business day) next preceding such interest payment date. Both the principal of and the interest on this bond shall be paid in any coin or currency of the United States of America that is legal tender for the payment of public and private debts on the respective dates of payment thereof. This bond is issued in accordance with the 'Registered Public Obligations Act, Chapter l59E of the General Statutes of North Carolina, and pursuant to The Local Government Finance Act of the State of North Carolina, as amended, bond orders adopted by the Board of Commissioners of the County on September 2, 1997 (collectively, the "Bond Order") and a resolution adopted by said Board of Commissioners or May 6, 2002 (the "Resolution") to 5 --. r provide·funds to pay capital costs of improving school and community college facilities in the County. The bonds will be issued in fully registered form 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 ("DTC") and immobilized in its custody. The book entry system will evidence ownership of the bonds in principal 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. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The County wi1l not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. The bords maturing on and after June I, 2013 shall be subject to redemption prior to their stated maturities at the option of the County in whole or in part (and if in part from maturities chosen by the County) on any date not earlier than June I, 2012, at a redemption price equal to the principal amount of each bond to be redeemed together with accrued interest thereon to the redemption date. If less than all of the bonds of any maturity are caIled for redemption, the bonds to be redeemed sha1l be selected in such manner as the County shaIl determine; provided, however, that the portion of any bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof and that, in selecting bonds for redemption, the Bond Registrar shall treat each bond as representing that number of bonds which is obtained by dividing the principal amount of such bond by $5,000. For so long as a book-entry system with DTC is used for detennining beneficial ownership of the bonds, if less than all of the bonds within a maturity are to be redeemed, DTC and its participants shaIl determine which of the bonds within a maturity are to be redeemed. Not more than forty-five (45) nor less than thirty (30) days before the redemption date of any bonds to be redeemed, whether such redemption be in whole or in part, the County shall cause a notice of such redemption to be mailed, postage prepaid, to DTC or its nominee. On the date fixed for redemption, notice having been given as aforesaid, the bonds or portions thereof so caIled for redemption shall be due and payable at the redemption price provided for the redemption of such bonds or portions thereof on such date. If a portion of this bond shaIl be caIled for redemption, a new bond or bonds in principal amount equal to the unredeemed portion hereofwiIl be issued to DTC or its nominee upon the surrender hereof. The Bond Registrar sha1l keep at his office the books of said County for the registration 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 in such form as shall be satisfactory to the Bond Registrar. Upon any such registration of transfer, the Bond Registrar shaIl deliver in exchange for. this bond a new bond or bonds, registered in the name of the transferee, of authorized denominations, in an aggregate principal amount equal to the unredeemed principal amount of this bond, of the same maturity and bearing interest at the same rate. 6 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 in such form as shall be satisfactory to the Bond Registrar, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of bonds of the same maturity, of any authorized denomination 9r denominations and bearing interest at the same rate. The Bond Registrar shall not be required to exchange or register the transfer of any bond during a period beginning at the opening of business fifteen (IS) days before the day of the mailing of a notice of redemption of bonds or any portion thereof and ending at the close of business on the day of such mailing or of any bond called for redemption in whole or in part. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of North Carolina 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 indebtedness of the County, is within every debt and other limit prescribed by said Constitution or statutes. The faith and credit of the County are hereby pledged to the punctual payment of the principal of and interest on this bond in accordance with its terms. This bond shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the Bond Order or the Resolution mentioned herein until this bond shall have been endorsed by the authorized representative of the Local Government Commission of North Carolina and authenticated by execution by the Bond Registrar. IN WITNESS WHEREOF, the County has caused this bond [to be manually signed by] [to bear the facsimile signatures of] the Chairman and the Clerk of the Board of Commissioners of the County and [a facsimile of] its official seal to be [imprinted] [impressed] hereon, and this bond to be dated June 1, 2002. ( cZ;anQ¿f2:~ssioners r:¥2..:. \/ ~dÆ ~ éif,-Board of Commissioners 7 '- , CERTIFICATE OF LOCAL GOVERNMENT COMMISSION The issuance of the within bond has been approved under the provisions of The Local Government Bond Act of North Carolina. Secretary, Local Government Commission CERTIFICATE OF AUTHENTICATION This bond is one of the Bonds of the issue designated herein and issued under the provisions of the within-mentioned bond order and resolution. COUNTY OF NEW HANOVER Finance Director, as Bond Registrar By Authorized Signatory Date of Authentication: 8 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assIgns and transfers unto , the within Bond and irrevocably appoints , attorney-in-fact, to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without any alteration whatsoever. Signature Guaranteed: NOTICE: Signature must be guaranteed by an institution that is a participant in the Securities Transfer Agent Medallion Program (STAMP) or similar program in accordance with Securities and Exchange Commission Rule 11 Ad-I5. 9 8. The Bonds maturing on and after June 1, 2013 shall be subject to redemption prior to their stated maturities at the option of the Issuer, in whole or in part (and if in part from maturities chosen by the Issuer) on any date not earlier than June I, 2012 at a redemption price equal to the principal amount of each Bond to be redeemed together with accrued interest thereon to the redemption date. If less than all of the Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected in such manner as the Issuer shall determine; provided, however, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof and that, in selecting Bonds for redemption, the hereinafter designated Bond Registrar shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bonds by $5,000. For so long as a DTC book-entry system is used for determining beneficial ownership of the Bonds, if less than all of the Bonds within a maturity are to be redeemed, DTC and its 'participants shall determine which ofthe Bonds within a maturity are to be redeemed. Not more than forty-five (45) nor less than thirty (30) days before the redemption date of any Bonds to be redeemed, whether such redemption be in whole or in part, the Issuer shall cause a notice of such redemption to be mailed, postage prepaid, to DTC or its nominee. Each such notice shall identify the Bonds or portions thereof to be redeemed by reference to their numbers and shall set forth the date designated for redemption, the redemption price to be paid and the maturities of the Bonds to be redeemed. If any Bond is to be redeemed in part only, the notice of redemption shall state also that on or after the redemption date, upon surrender of such Bond, a new Bond or Bonds in principal amount equal to the unredeemed portion of such bond will be issued. On or before the date fixed for redemption, moneys shall be deposited with the Bond Registrar to pay the principal of the Bonds or portions thereof called for redemption as well as the interest accruing thereon to the redemption date thereof. On the date fixed for redemption, notice having been given in the manner and under the conditions hereinabove provided, the Bonds or portions thereof called for redemption shall be due and payable at the redemption price provided therefor, plus accrued interest to such date. If a portion of a Bond shall be selected for redemption, the registered owner thereof or his attorney or legal representative shall present and surrender s~ch Bond to the Bond Registrar for payment of the principal amount thereof so called for redemption on such principal amount, and the Bond Registrar shall authenticate and deliver to or upon the order of such registered owner or his legal representative, without charge therefor, for the unredeemed portion of the principal amount of the Bond so surrendered, a Bond or Bonds of the same maturity, of any denomination or denominations authorized by this Resolution and bearing interest at the same rate. 9. 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 in such form as shall be satisfactory to the Bond Registrar, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of Bonds of the same maturity, of any denomination or denominations authorized by this Resolution and bearing interest at the same rate. 10 " 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 representative in such form as shall be satisfactory to the Bond Registrar. Upon any such registration of transfer, the Bond Registrar shall authenticate and deliver in exchange for such Bond a new Bond or Bonds, registered in the name of the transferee, of any denomination or denominations authorized by this Resolution, in an aggregate principal amount equal to the unredeemed principal amount of such Bond so surrendered, of the same maturity and bearing interest at the same rate. In all cases in which Bonds shall be exchanged or the transfer of Bonds shall be registered hereunder, the Bond Registrar shall authenticate and deliver at the earliest practicable time Bonds in accordance with the provisions of this Resolution. All Bonds surrendered in any such exchange or registration 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 registration 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 exchanging or registering the transfer of Bonds under this B-esolution. The Bond Registrar shall not be required to exchange or register the transfer of any Bond during a period beginning at the opening of business fifteen (IS) days before the day of the mailing of a notice of redemption of Bonds or any portion thereof and ending at the close of business on the day of such mailing or of any Bond called for redemption in whole or in part pursuant to this Resolution. 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 principal of any such Bond and the interest on any such Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy 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, depositaries 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 timely payment of principal and interest with respect to the Bonds. The Finance Director of the Issuer is hereby appointed the registrar, transfer agent and paying agent for the Bonds (collectively, the "Bond Registrar"), subject to the right of the governing body of the Issuer to appoint another Bond Registrar, and as such shall keep at his office at 320 Chestnut Street, Wilmington, North Carolina 28401, the books of the Issuer for the registration, registration of transfer, exchange and payment of the Bonds as provided in this Resolution. 10. The Local Government Commission of North Carolina 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 interest 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, provided that the net interest cost to the Issuer shall not exceed 5.50%. 11 II. The Chainnan and the Clerk of the Board of Commissioners and the Finance ' , Director of the Issuer are hereby authorized 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 authenticatèd as provided herein and to deliver the Bonds to the purchaser or purchasers to whom they may be sold by said Local Government Commission. . 12. The Official Statement dated on or about April 26, 2002 setting forth financial and statistical data in connection with the offering of the Bonds (the "Official Statement") is hereby approved. In connection with this approval, the Board of Commissioners of the Issuer has examined 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 administration of the Issuer. The Board of Commissioners of the Issuer does hereby recite that, upon its examination and discussions, nothing has come to its attention which would lead it to believe that said Official Statement contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Chainnan of the Board of Commissioners, the County Manager, and the Finance Director of the Issuer are each hereby authorized to approve changes in such Official Statement and to execute such Official Statement for and on behalf of the Issuer. 13. The Issuer covenants to do and perfonn all acts and things pennitted by law necessary to assure that interest paid on the Bonds be and remain excluded from gross income of the owners thereof for federal income tax purposes. 14. The Issuer herc;by undertakes, for the benefit of the beneficial owners of the Bonds, to provide: (a) by not later than seven months from the end of each fiscal year of the Issuer, to each nationally recognized municipal securities information repository ("NRMSIR") and to the state information depository for the State of North Carolina ("SID"), if any, audited financial statements of the Issuer for such fiscal year, if available, prepared in accordance with Section 159-34 of the General Statutes of North Carolina, as it may be amended from time to time, or any successor statute, or, if such audited financial statements 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 within 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, (i) the financial and statistical data as of a date not earlier than the end of such fiscal year for the type of information included under the heading "The County - Debt Infonnation and - Tax Information" in the Official Statement relating to the Bonds (excluding any infonnation for overlapping and underlying units) and (ii) the combined budget of the Issuer for the current fiscal year, to the extent such items are not included in the audited financial statements referred to in (a) above; 12 (c) in a timely manner, to each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB"), and to the SID, if any, notice of any of the following events with respect to the Bonds, if material: (I) principal and interest payment delinquencies; (2) non-payment related defaults; (3) unscheduled draws on debt servIce reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions or events affecting the tax-exempt status of the Bonds; (7) modification to the rights of securities holders; (8) bond calls; (9) defeasances; (I 0) release, substitution or sale of property securing repayment of the Bonds (II) rating changes; and (d) in a timely manner, to each NRMSIR or to the MSRB, and to the SID, if any, notice of a failure of the Issuer to provide required annual financial information described in ( a) or (b) above on or before the date specifi ed. If the Issuer fails to comply with the undertaking described above, any beneficial owner of the Bonds may take action to protect and enforce the rights of all beneficial owners with respect to such undertaking, including an action for specific performance; provided, however, that failure to comply with such undertaking shall not be an event of default and shall not result in any acceleration of payment of the Bonds. All actions shaH be instituted, had and maintained . in the manner provided in this paragraph for the benefit of all beneficial owners of the Bonds. The Issuer reserves the right to modify from time to time the information to be provided to the extent necessary or appropriate in the judgment of the Issuer, provided that any such modification will be done in a manner consistent with Rule l5c2-12 issued under the Securities Exchange Act of 1934, as it may be amended from time to time ("Rule 15c2-12"), and provided further that: 13 (a) any such modification may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of the Issuer; (b) the infonnation to be provided, as modified, would have complied with the requirements of Rule 15c2-12 as of the date of the Official Statement relating to the Bonds, after taking into account any amendments or interpretations of Rule 15c2-12, as wel1 as any changes in circumstances; and (c) any such modification does not materially impair the interests of the beneficial owners, as detennined either by parties unaffiliated with the Issuer (such as bond counsel), or by the approving vote of the registered owners of a majority in principal amount of the Bonds pursuant to the tenns of this resolution, as it may be amended from time to time, at the time of the amendment. Any annual financial infonnation containing modified operating data or financial information shall explain, in narrative fonn, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided. The provisions of this Section 14 shall tenninate upon payment, or provisions having been made for payment in a manner consistent with Rule 15c2-12, in ful1 of the principal of and interest on al1 of the Bonds. 15. The blanket Letter of Representations between the Issuer and DTC IS hereby reconfirmed. 16. The Chainnan and the Clerk of the Board of Commissioners, the County Manager, the Finance Director and the other officers of the Issuer are hereby authorized and directed to execute and deliver for and on behalf of the Issuer any and all financing statements, certificates, documents or other papers and to perfonn any and al1 acts they may deem necessary or appropriate in order to carry out the intent of this Resolution and the matters herein authorized. 17. The power to make any election on behalf of the Issuer with respect to the arbitrage rebate provisions of the Internal Revenue Code of 1986, as amended applicable to the Bonds is hereby delegated to the Chainnan of the Board of Commissioners and the Finance Director of the Issuer. 14 · .. -~ c. The motion having been duly seconded, and the resolution having been considered, it was adopted by the following vote: AYES: Chairman Ted Davis, Jr. Vice - Chairman Robert G. Greer Commissioner Julia Boseman Commissioner William A. Caster Commissioner Nancy Pritchett NAYS: None * * * * * 15 :.a< - .. ~.. .- --"-.......--..-~ é@jp)w .\...- - ST A TE OF NORTH CAROLINA ) ss.: COUNTY OF NEW HANOVER ) I, Lucie F. Harrel1, Clerk of the Board of Commissioners of the County hereinafter described, DO HEREBY CERTIFY, as fol1ows: 1. A regular meeting of the Board of Commissioners ofthe County of New Hanover, a county in the State of North Carolina, was duly held on May 6, 2002, proper notice of such meeting having been given as required by North Carolina statutes, and minutes of said meeting have been duly recorded in 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 insofar as said minutes relate to matters referred to in said extract. 3. Said minútes 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 lJ... corporate seal of said County this~day of May, 2002. (7£~L~\/ /Ý~ '\. ~~;:rd of Commissioners ~ .,~. AFFIDA VIT OF PUBLICA TION (Ç©fP>W STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Before the undersigned, a Notary Public of Said County and State, SUMMARY NOTICE OF SALE COUNTY OF NEW HANOVER NORTH CAROLINA $28,300.000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 2002 Sealed arid electronic bids' will be received by ,the Local Govemment Commission of North Carolina at its office in the Seaboard 8uilding, 1st Floor, 413, North Salisbury Street, Raleigh, North Carolina 27603- 1385 until 11 o'clock A,M" North Camlina Time, May 7, 2002 such bids to be opened In pub- lic at said time and place , on said day, for the pur- I chase of the following i bon'ds of the County of New Hanove~ North Carolina, dated June 1, 2002 and maturing (sub- ject to the right of prior redemption) annually, June 1, as follows: $1,300,000 2005, to 2020, inclusive, $5,200,000 2021 and $2,300,0002022, DIANE P. KEENAN Who, being duly sworn or affirmed, according to the law, says that he/she is CLASSIFIED ADVERTISING MANAGER of THE WILMINGTON STAR-NEWS, INC., a corporation organized and doing business under the Laws of the State of North Carolina, and publishing a newspaper known as WILMINGTON MORNING STAR & SUNDAY STAR-NEWS in the City of Wilmington SUMMARY NOTICE OF SALE COUNTY OF NEW HANOVER NORTH CAROLINA $28,300,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 2002 Sealed and electronic bids will be received by the Local Government Commission of North Carolina at its office in the Seaboa was inserted in the aforesaid newspaper in space, and on dates as follows: 5/2 Ix There will be no auction, Copies of the Official Statement and the Notice of Sale and Bid Form re- lating to the bonds may be obtained from the Lo" cal Govemment Commis- , sion (919/807-2350), Each bid must be submit- , ted on a bid fonn in the 'Notice of Sale and 8id Form, And at the time of such publication Wilmington Star-News was a newspaper meeting all the requirements and qualifications prescribed by See; No. 1-597 G.S. of N.C. II /) ¡ ( f " I, " '0./ //_ _ . /4\..i·-~::({.«tf¿. (/ f1-!llZJ~7£~,~:J/J?~./ LOCAL GOVERNMENT COMMISSION . Raleigh, North Carolina By Robert M. High Secretary of the Commission Title: CLASSIFIED ADVER. MGR ,/7. SwoIn 0: affirmed to, an~ s~bsy~ed_þefore me this -5 day of /71¿LLi ' A.D·'G10(/ C\ In Testuhony Whereof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid, ' . l/ /f;-'!MS'i/Ç/lA4 - - I -j Notary Public My commission expires /( day of (ÍU J ,20f2r;' Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Court that the said publication was duly and properly made, and that the summons has been duly and legally served on the defendant(s). This day of Clerk of Superior Court MAIL TO: 27.19.9 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, G. S. 1 05-286(a)(1) provides for the reappraisal of all real property in New Hanover County as of January 1, 1975 and every eighth year thereafter, unless the date shall be advanced; and WHEREAS, the Board of County Commissioners on January 18, 2000 determined that a reappraisal be scheduled for January 1, 2004; and ( WHEREAS" the Board of County Commissioners are of the 'opinion that the reappraisal scheduled for 2004 will be more appropriately scheduled for January 1, 2007, the eight year reappraisal period required by statute. NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners does hereby adopt the octennial reappraisal of all real property in New Hanover County for January 1, 2007, and directs the Clerk to promptly forward a copy of this Resolution to the Department of Revenue. This the t:.J;¡.. day of ~ ,2002. New Hanover County T'&~iÇ)~Q~ ATTEST: c~, '<;I ~ C-erk to the Board "- 27.19.10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION Supporting a Rerouting of the Drainage System Proposed for the U.S. 17 By-Pass and Impacting the Futch / Foy Creek Watershed in Northeast New Hanover County WHEREAS, New Hanover County since 1993 has established and funded an ongoing Estuarine Watershed Management Program as a collaborative effort between the County, the Northeast New Hanover Conservancy, and the Center for Marine Science at UNCW; and WHEREAS, New Hanover County is the recipient of a $6,000,000 Clean Water Management Trust Fund Grant that will match an $11,580,000 commitment from the County for water quality enhancement projects in our Tidal Creeks; and WHEREAS, years of documented research in New Hanover County and other locales demonstrate that tidal creeks are highly sensitive to pollutant loading that cause algal blooms, turbidity and fecal bacterial pollution of shellfish beds; and WHEREAS, eight years of research by UNCW scientists have established that Futch Creek, especially Foy Branch, has the best water quality of any tidal creek in New Hanover County; and WHEREAS, published research conducted by the University of North Carolina at Charlotte demonstrates that highway nmoff contains high levels of nitrogen, phosphorus, and total suspended solids, and published research conducted by the University of North Carolina at Wilmington demonstrates that runoff from roadways and other impervious surfaces leads to bacterial pollution of shellfishing beds; and WHEREAS, published research conducted by East Carolina University demonstrates that dry detention ponds such as proposed for accepting Highway 17 runoff do a poor job of treating algal bloom-causing nutrients; and WHEREAS, the proposed runoff detention facility is designed for a 1.5 inch 24 hour rain, yet many of our rain events exceed this, leading to future flushing of pollutants to Futch and Foy Creeks; NOW THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners recommends that the N.C. Board of Transportation take all actions possible to ensure that the proposed stormwater discharge for the U.S. 17 by-pass is not directed into tidal creek watersheds. Adopted this the 6th day of May, 2002 - ~~ ð.~'" t~~ ~a~¿;~ 1d.CJæJ (A' Ted Davis, If., Chairn~