2001-02-05 RM Exhibits26.24.1
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
Roads in Newbury Subdivision (File 997-N)
WHEREAS, the attached petition has been filed with the Board of County Commissioners of the County of
New Hanover requesting that the above described road(s), the location of which has been indicated in red on the
attached map, be added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should
be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established 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
maintenance if they meet established standards and criteria.
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CERTIFICATE
"
- The foregoing resolution was duly adopted by the Board of Commissioners of the County of .
New Hanover at a meeting on the 5th· day of February, 2001
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WITNESS my hand and official seal this the
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2001.
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Cle k to the Board .
New anover County Board of Commissioners
Form SR-2
Please Note: Forward directly to the District Engineer, Division of Highways.
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26.24.1
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINEDSECONDARYROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
Roads in Alamosa Place Subdivision (File 997-N)
WHEREAS, the attached petition hasbeenfiled with the Board of County Commissioners of the County of
New Hanover requesting that the above described road(s), the location of which has been indicated in red on the
attached map, be added to the Secondary Road System; and
. WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should
be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established 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
maintenance if they meet established standards and criteria. ' '
CERTIFICA TE
The foregoing resolution was duly adopted by the Board of Commissioners of the County of.,
New Hanover at a meeting on the 5th day of February, 2001
WITNESS my hand and official seal this the S~ day of \. ~AU ""... ./
2001. ~,..-~Õ
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Cler to the Board
New Hanover County Board of Commissioners
Form SR-2
Please Note: Forward directly tothe District Engineer, Division of Highways.
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26.24.2
RËSOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, the number two boiler at WASTEC is in need of tube and refractory
replacement;
AND WHEREAS, Sam English, LLC, and its refractory sububcontractor, Joe Moore & Co." "
have proven records of competence and capability in like projects;
AND WHEREAS, the company Sam English; LLC, was the only responsive bidder for
the project;
AND WHEREÀS, the Director of Environmental Management and the County Manager
recommend that contract #01-0164 be awarded to Sam English, LLC, for replacement of
boiler tubes and refractory in number two boiler in the amount of Seven hundred thirty
four thousand dollars ($734,000);
AND WHEREAS, funding is available in the'WASTEC Fiscal Year 2000-2001 budget in
line item number'700-48S-4193-6400;
, NOW, THERßFORE, BE IT RESOLVED by "the Board of Commissioners of
New Hanover County that the Contract for replacement of boiler tubes and refractory in
number two bòilerat the New Hanover County Waste-to-Energy Conversion Facility
(W ASTEC) be awarded to Sam English, LLC, for the amount of $734,000; and that the
County is hereby authorized and directed to execute the contract, contract form to be
approved by the County Attorney,
This the Sth day of February, 2001
NEW HANOVER COUNTY
1d !'Jw Q. ..
Ted DaM~., Ch . man '
Board of County Commissioners
ATTEST;
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26.24.3
NEW HANOVER COUNTY BOARD OF COUNTY COMMISSIONERS
PROCLAMATION
iWHEREAS, the New Hanover Human Relations Commission, the Greater WilmiQ.gton
Chamber of Commerce and the Friends of Human Relations are sponsoring Human RelatioIls
Month; and
WHEREAS, the theme for Human Relations Month is "Peace is a Short Word that Goes a Long Way"; and
WHEREAS, we encourage all citizens to respect and work to establish equal rights for all
"persons regardless of race, color, sex, religion, age, ,disability or familial status; and
~, WHEREAS, through practicing the principles of Human Relations Month on an every .day
_. basis, we help to preserve, protect and perpetl,latethe rights of each person to freedom, liberty
and justice; ,
., NOW, THEREFORE BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that the month·ofFebruary, 2001 be declared Human Relations Month, and
i' that all citizens of the New Hanover County area are called on to join forces in creating and
~ practicing a mutual bond of fellowship with all citizens, and, resolve to accept a personal
~ challenge to improve the status öfall people through assurance òfthe þasic human rights.ôf
ลก ¡ justice, rreedom and dignity. .
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~' Adopted the fifth day of February, 2001
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I j¿t0 ~ Á{ /)j .,(. '
, Ted Davis. JI-., . irman
[Attest)
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(~ F. Harrell, Clerk to the Board
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26.24.4
AN ORDINANCE
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Commissioners of New Hanover Coùnty, North
Carolina, does hereby ordain that Chapter 6, Business
Regulations, of the New Hanover County Code, shall be
amended by adding a new article, Article XI, which shall
read as follows:
Article XI. Tax on Short-Term Vehicle Rentals
Sec. 6-185. Definitions. In addition to the common
meanings of words, the following definitions shall be
applicable herein:
'(a) 'Customer' shall mean any person that leases or
rents a vehicle on a short-term lease or rental basis.
(b) 'General Statutes' shall refer to the North
Carolina General Statutes and any reference to a particular
section thereof shall include the same as may be from time
to time amended, modified, supplemented, revised or
superseded.
(c) 'Gross receipts' shall mean the amount that is or
would be reported as gross receipts on a state income tax
return of a business, or on the federal income tax return
filed with the state income tax return if the state return
does not separately state gross receipts for the most
recently completed tax year. Taxes collected hereunder are
not subject to the tax herein imposed and are not included
in gross receipts.
(d) 'Lease or rental' shall mean a transfer, for
consideration, of the use but not the ownership of property
to another for a period of time.
(e) 'Long-term lease or rental' shall mean a lease or
rental made under a written agreement to lease or rent
property to the same person for a period of at least three
hundred sixty-five (365) continuous days.
(f) 'Person' shall mean any individual, trustee,
executor, other fiduciary, corporation, unincorporated
association, partnership, sole proprietorship, company,
firm, or other legal entity.
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(g) 'Short-term lease or rental' shall mean any lease
or rental of a vehicle that is not a long-term lease or
rental.
(h) 'Tax Collector' shall refer to the èounty Tax
Administrator and any other person authorized to carry out
the duties and functions of such individual.
(i) 'Taxpayer' means any person liable for the taxes
imposed by this Article.
(j) 'Vehicle' shall mean any of the following:
(i) a motor vehicle of the private passenger type
including a passenger van, minivan, or sport utility
vehicle.
(ii) a motor vehicle of the cargo type, including
a cargo van, pickup truck, or truck with a gross
vehicle weight of 26,000 pounds or less used
predominantly in the transportation of property for
other than commercial freight, and that does not
require the operator to possess a commercial drivers
license.
(iii) a trailer or semitrailer with a gross
vehicle weight of 6,000 pounds or less.
Sec. 6-186. Levy of Tax. A tax is hereby imposed and
levied in an amount equal to one and one-half percent (1.5%)
of the gross receipts derived from the short-term lease or
rental of vehicles at retail to the general public. This
tax on gross receipts is in addition to the privilege taxes
authorized by G.S. § ,160A-211.
Sec; 6-187. Collection of the Tax. Every person
engaged in the business of the short-term lease or rental of
vehicles at retail to the general public shall collect at
the time of the lease or rental the tax herein levied, place
the tax so collected in a segregated account, and thereafter
remit such tax to the Tax Collector in accordance with the
provisions of this Article. The taxpayer shall include a
provision in each retail short-term lease or rental
agreement stating that the percentage amount enacted by this
Article of the total lease or rental price, excluding sales
tax, is being charged as a tax on gross receipts. The
amount of the tax shall be stated separately from the lease
or rental and shown separately on the taxpayer's records.
The tax shall be paid by the customer to the taxpayer as
trustee for and on account of the County. The taxpayer
shall be liable for the collection thereof and for its
'payment to the Tax Collector and the taxpayer's failure to
charge or to collect said tax from the customer shall not
affect such liability.
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Sec. 6-188. Report and Payment of Tax. Taxes levied
under this Article are due and payable when a return is
required to be filed. Every taxpayer shall, within the time
specified, submit a return to the Tax Collector on the form
prescribed by the Tax Collector. A return must be signed by
the taxpayer or the taxpayer's agent. Returns of taxpayers
are due to the Tax Collector each month on or before the
fifteenth (15th) day of the month following the month in
which the tax accrues. As provided in G.S. 160A-208.1, a
return shall not be considered a public record and
information contained in a return may be disclosed only in
accordance therewith.
Sec. 6-189. Taxpayer to Keep Records. The taxpayer
shall keep and preserve suitable records of the gross
receipts received by such taxpayer in the conduct of
business and such other books or accounts as may be
necessary to determine the amount of the tax for which such
taxpayer is liable under the provisions of this Article. It
shall be the duty of the taxpayer to keep and preserve for a
period of three years all such records of gross receipts and
other books and accounts described. All records, books and
accounts herein described shall be open for examination at
all reasonable hours during the day by the Tax Collector or
his duly authorized agent.
Sec. 6-190. Tax Collector to Provide Forms. The Tax
Collector shall design, prepare, print and make available to
all taxpayers operating within the boundaries of the County
forms and instructions for filing returns to insure a full
collection of and an accounting for taxes due. The failure
of any taxpayer to obtain or receive forms shall not relieve
such taxpayer from the payment of the tax at the time and in
the manner provided.
Sec. 6-191. Situs. The transaction giving rise to the
tax herein levied shall be deemed to have occurred at the
location of the entity from which the customer takes
delivery of the vehicle.
Sec. 6-192. Penalties and Remedies. The provisions
with respect to remedies and penalties applicable to
Subchapter VIII (Local Government Sales and Use Tax) of
Chapter 105 of the General Statutes, as contained in Article
5 and Article 9, Subchapter 1, Chapter 105 thereof, shall be
applicable in like manner to the tax authorized to be levied
and collected under this Article, to the extent that the
same are not inconsistent with the provisions hereof. The
governing body of the County may exercise any power the
Secretary of Revenue may exercise in collecting sales and
use taxes.
Without limiting the foregoing, and subject to any
changes in the General Statutes with respect to penalties,
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interest and remedies, the following shall be applicable
with respect to the levy and collection of the taxes imposed
herein:
a. Any taxpayer who fails to file a return on the date it
is due, determined with regard to any extension of time
for filing, shall pay a penalty equal to five percent
(5%) of the amount of the tax if the failure to file is
for not more than one month, with an additional five
percent (5%) for each additional month, or fraction
thereof, during which the failure continues, not
exceeding twenty-five percent (25%) in the aggregate,
or $5.00, whichever is greater.
b. Any taxpayer who fails to pay the tax levied herein
when due, without intent to evade the tax, shall pay a
penalty equal to ten percent (10%) of the tax, except
that the penalty shall in no event be less than $5.00.
Sec. 6-193. Administration. In addition to the
provisions herein the levy and collection of the taxes
herein imposed shall be otherwise administered in the same
manner as the Sales and Use Tax as provided in Article 5,
Subchapter 1, Chapter 105 of the General Statutes.
If any section, subsection, paragraph, sentence,
clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed
severable and such holding shall not affect the validity of
the remaining portions hereof.
All ordinances or parts of ordinance in conflict with
this ordinance are hereby repealed to the extent of such
conflict.
Date. This Ordinance and the taxes thereby
shall become effective March 1, 2001.
7 Han:/rnty
f!l-~avis, JJI' Chairman
Adopted at a regular meeting
on February 5, 2001.
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