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Home My WebLink About2002-06-03 RM Exhibits27.21.1 AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain that Chapter 38, Offenses and Miscellaneous Provisions, Article IV, Breaches of the Peace, of the New Hanover County Code be and is amended by the addition of a new section as follows: . Section 38-108. Harassment or Harm of Birds Prohibited. a) For that portion of Wrightsville Beach Island situated north of the incorporated area of the Town ofWrightsville Beach, it shall be unlawful for any person to harm any bird by chasing, attempting to capture, throwing objects at or touching the animal, or tampering with nests. Provided, however, persons holding requisite Federal and State licenses for avian research and/or rehabilitation of injured birds are exempt hereunder. b) Any person who shall violate the provisions of this section shall be guilty of a misdemeanor punishable by a fine of not more than Five Hundred ($500.00) Dollars in the discretion of the court, as provided byN.C.G.S. 14-4. Except as specified referenced herein, the existing provisions of Chapter 38 shall remain in full force and effect. This the 3rd day of June, 2002. NEW HANOVER COUNTY r; Û//Q. \ Ted Davis, Jr.,' airman Board of Commissioners (X)~J~~ '--/~k to the Board' .' 27.21.2 AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain that Chapter 44, Solid Waste, Article II, Collection and Disposal, ofthe New Hanover County Code be amended as follows: (1) Add a new section to be designated: Sec.44-43.5 Franchise Required for Solid Waste Collection (a) A franchise from the Board shail be required of any person or entity who collects, transports, and/or disposes of solid waste for compensation within 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 business. (b) All applicants for franchises to collect, transport and dispose of solid waste shall file written application with the County Manager or his designee, and shall furnish the following information: (1) Name and address of applicant and whether a sole proprietorship, corporation, or partnership, with disclosure of the ownership interests; (2) A list of the equipment possessed, available, or to be obtained within 18 months by the applicant; .(3) .~umber of employees the applicant expects to use in said business; (4) Experience of the applicant in 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 business year, showing the net worth of the business. All financial data submitted in compliance. with the requirements of this paragraph shall be confidential under G.S. § 132-1.2, and shall not be regarded as public information. In lieu of the financial statement, the County will accept a notarized statement from a certified public accountant verifying the financial viability of the applicant business. (6) Any information the Board may hereinafter request; The County shall process, accept or deny, each application within sixty (60) days ofreç~.ipt. (c) All waste haulers operatin~ in the County as of January 1, 2002, shall be granted a franchise. (d) Franchises shall be subject to a yearly review with the information designated inJhe above division (b) being presented to the County Manager, during the last month of each year of service, or at such alternative annual date as designated by the Manager's office. (e) The County Manager or his designee shall bring applications for franchises and a review of existing franchises to the Board at such times as he deems appropriate, consistent with the period for approval above, and may grant to the applicants adjudged by the Board to be qualified, a franchise to collect waste in the County. The terms of such franchises shall not exceed seven years, and shall be renewable. (f) The Board reserves the right to revoke any franchise granted, upon satisfactory proof ofthe inability or failure of the franchisee to properly perform the duties covered by the permit and contract in a satisfactory manner or for any of the grounds as set out in subsection "k" below, after the franchisee has been given an opportunity for a hearing upon ten days written notice by mail before the hearing setting forth the grounds for revocation. ; (g) The franchisee shall serve every person or business who contracts with him or her for solid ,waste in such a manner that the franchisee does not cause the person to be in violation with this chapter. The franchisee shall not discriminate against any person for contract purposes in violation of the Civil Rights Act as amended on the basis of race, color, creed, religion, national origin, physical impairment or sex. (h) Before the County Manager issues a franchise pursuant to this chapter, the County Manager or his or her duly authorized representative shall determine that all facilities, equipment, and proposed operating methods the applicant plans to use in the solid waste collection business are in compliance with this chapter and applicable regulations of the State Commission for Health Services. (i) The applicant, upon being awarded the right to collect and dispose of solid waste by the Board as here inabove provided for, shall secure and present to the County Manager a good and sufficient surety bond or liability insurance policy covering and insuring 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 collecting or disposing of solid waste. Such policy !>hall contain a "hold harmless clause" indemnifYing the county against claims made by the franchisee. CD Should any franchisee, now existing 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 rights thereunder leased or should there be any merger or combination affecting the franchise be made through acquisition or control by stock purchase or otherwise, then a new application will need to be made and written approval which shall be given if justified by the facts then existing. If any such transaction takes place prior 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 termination at the time of the consideration of the new application. (k) Any and every franchise now existing or hereafter issued, shall be subject to the provisions of this chapter and as it may hereafter be amended from time to time, except that any amendment or amendments that may be made from time to time affecting the duration of a franchise or franchises existing at the time of the enactment of the amendment or amendments. Any franchise transferred or assigned without the express written authority of the Board of County Manager or his designee shall be void and of no effect, and any collection thereunder is in violation of this chapter. (1) A franchise granted under this chapter may be revoked after notice and hearing as provided in subsection "e" and for noncompliance with the provisions of this chapter. (2) The effective date of Section 44-43.5 will be July 1,2002. Except as specified referenced herein, the existing provisions of Chapter 44 shall remain in full force and effect. . This the 3rd day of June, 2002. '- [S NEW HANOVER COUNTY T~~O~~ Board of Commissioners 02~\/~ . '-'" ~ to the Board , 27.21.3 RESOLUTION OF NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, New Hanover County is required by North Carolina law to operate and maintain a balanced budget and comply with the provisions of the Local Government Budget and Fiscal Control Act; and WHEREAS, New Hanover County is required to maintain a sufficient fund balance to operate in a fiscally sound manner and to have adequate reserves in case of emergencies; and WHEREAS, the ability of county gov~rnments to borrow for capital infrastructure needs is dependent on reliable revenue sources for repayment; and WHEREAS, adequate revenues are required to carry out the above mentioned responsibilities; NOW, THEREFORE BE IT RESOLVED THAT the New'Hanover County Board of Commissioners respectfully requests that the General Assembly enact legislation that will secure the local government revenue sources and ensure that these revenues are distributed to local governments on a timely basis as set forth by the state's General Statutes. Adopted this the yd day of June, 2002 . New Hanover County Board of Commissioners l&oaQ{J;man