2001-03-12 RM Exhibits26.25.1
RESOLUTION
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, North Carolina cities and counties have a tradition of promoting the highest ideals of
good government and accountability to the citizens of this state; and
WHEREAS, fiscal responsibility is consistently demonstrated by each unit of local government
. developing and adhering to a budget balanced between revenues and expenditures for the services
. demanded by the public; and
WHEREAS, a major revenue source used to maintain these balanced budgets has been the
reimbursement of revenues lost due to actions of the North Carolina General assembly that have
consistently eroded the tax bases of these local governments; and
WHEREAS, the Governor of the State of North has acted to deprive the cities and counties of North
Carolina of rightfully obligated revenue from the inventory tax reimbursement as well as other
revenue sources, thus penalizing local governments for the State's fiscal problems; and .
WHEREAS, the North Carolina General Assembly has refused to allow cities and counties the
ability to raise revenues from a broad-based menu of sources mandating that local governments rely
on the property tax as their main source of revenue and thus continually burdening homeowners with
ever increasing property tax bills, while others pay little of the cost of protecting, preserving and
promoting public health, safety, and education
THEREFORE, The New Hanover County Board of Commissioners Hereby Resolves to
respectfully request that the Governor ofN orth Carolina, Michael F. Easley, immediately release any
and all funds previously obligated to North Carolina's cities and counties, pledge never again to act
to deprive the citizens of this state of the local governments' services or to promote higher property
taxes, and further, that members of the North Carolina General Assembly act immediately to
authorize each and every local government in North Carolina the authority to enact a broad-based
approach to financing necessary public services by enacting a menu of revenue sources including,
but not limited to, a local sales tax of up to one (1 %) percent.
This action will restore balance to the state and local partnership that has served the citizens of North
Carolina for the past 225 years and restore the faith of city and county officials, as well as our
citizens in the Governor and the North Carolina General Assembly.
Adopted this the 12th day of March, 2001
hi, a; rA'
Ted Davis, Jr., cha"irfuan
26.25.2
RESOLUTION
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
WHEREAS, pursuant to G.S. §65-3, the County Commissioners are required to take
possession and control of all abandoned public cemeteries to establish property boundaries;
and to preserve such sites, as appropriate; and
WHEREAS, an examination of tax records and historical sources indicate that the
cemetery situated at 626 Confederate Drive/Delgado Cemetery, Tax Parcel No. R05480-010-
002-000 is abandoned within the definition of the statutes, without any ascertained record
owner,and without any person or entity maintaining said site.
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of
Commissioners does hereby accept possession and control of the above-referenced cemetery
. as required by law. This Resolution is directed to be recorded in the Registry of Deeds.
This the /of M,
day of ~~ , 2001.
~ew anover County
; a~ - "
.{iavls, Jr., iOan
NORTH CAROLINA
NEW HANOVER COUNTY Teresa P. Elmore
I, , a Notary Public of the State and
County aforesaid, certify that Lucie F. Harrell acknowledged that she is Clerk to the Board of
Commissioners of New Hanover County, and that by authority duly given and as the act of the
Board, the foregoing instrument was signed in its name by its Chairman, Ted Davis, Jr., sealed
with its corporate seal and attested by herself as its Clerk.
WITNESS my hand and official seal, this & day of fIIl.cttdv , 2001.
~~ jJ~ ~
Notary Public
My commission expires: f,...... ~~~^;;~:~_......_~F~c-¡;~----l
~ ~ .~ N~~aH~~~V~Rh~ôrt~TY' . .)
) -- TERESA P. ELMORE i
l!"1Y .?O~~sion Expires 4/19/03 )
~~--.......-..-~_1
26.25.3
Bank of America ~
Unincorporated Association
Signature Card
,.
BANK OF AMERICA, N.A. (THE "BANK")
-.:-~
,.. ..
~ccount Number 000650763904
Account Type Full Analysis Business Checking
Account Title NEW HANOVER COUNTY
SHERIFF'S DEPARTMENT CIVIL COLLECTIONS ACCOUNT
o Temporary Signature Card
Name of Unincorporated Association NEW HANOVER COUNTY
Tax Identification Number 56-6000324
By signing below, the above named Association agrees that this account is and shall be governed by the terms and conditions set forth in the following documents, as
amended from time to time: (1) the Deposit Agreement and Disclosures (2) the Business Schedule of Fees, and (3) the Miscellaneous Fees for Business Accounts, and
the Association further acknowledges the receipt of these documents.
Substitute Form W-9. Certification, Under penalties of perjury. I certify thatl (1) The number shown on this form is the correct
taxpayer identification number (or I am waiting for a number to be issued to me). and (2) I am not subiect to backup
withholding because I (A) I am exempt from backup withholdin! l. or (B) I have not been notified by thelntemal Revenue Service
(IRS) that I am subiect to backup withholding as a result of a failure to report all interest or dividends, or (C) The IRS has
notified me that I am no longer subiect to backup withholding.
Certificationln$hVctions .
You must cross out item (2) above if you have been notified by the IRS that you are currently subject to backup withholding because of underreporting interest or
dividends on your tax return. (See also IRS instructions for Substitute Form W-9 in the Deposit Agreement and Disclosures).
o Exempt (check if applicable)
The Internal Revenue Service does not require your consent to any
provision of this document other than the certifications required to avoid
backup withholding.
~~R~:JZr
~~. ~, 1l1(1~' / '
4, M;::¡rk W, Vincent & ;ii:¿ ~ I/J--' ~ VVX/
5. Michael Wallace . ~.t.taa
I, the tr~~r~I},d,IhëreJlcÞÆfyo(B that I am the Secretary or Assistant Secret - e ssociation named !.biv',
person(s) currently empowered to act under the Association's resolutions authorizi~t is coun~the other .
specimen signature set forth opposite the name of each person IS true and genuine, an th S sti ute For
This I;:¿ day of fV1 ~ ,:;.. at; I. ~' 'Lh' 1 .
jtiifii . t¥
alrman, ew a ver County Board of County
OITIffilSSlOners
Name (typed or printed)
1. lfJlt¥ ¥: ~€gfl
Julianne M. Griffin
2,
3.
Barbara D. McClure
(3) that the
ATM/Deposit/Check Carel Request
Provided that the account referenced above is eligible to receive automated teller machine cards and/or Check Cards, I (as authorized by the
resolutions which authorize this account) heMby request the issuance of such cards to any of the authorized signers on this account.
Signature
Title
Bank Infonnation
Date
Ballking Center Name
Associate's Phone Number
Associate's NalIle
95-14-9016M 6,1999 NNC
Bank,OfAmerica ..
t ;-
B~,:!,:' lF AMERICA, N,A. !THE "BANK")
t" ,;
(
Certified Copy of Unincorporated Association Resolutions _
Opening and Maintaining Deposit Accounts and Services
Name nfVnihcorporated Association
NEW HANOVER COUNTY SHERIFF'S DEPARTMENT
Chairman
Bank of America "1(;YYy'YYXYYYXYX¥YYYYY
I, the undersigned, hereby certify to ,that i am the~Y>'"^'l'!tliet;ffM'Oe~and the designated
keeper of the records and minutes of New Hanover County , an unincorporated association whoRe
principal a~dre"" is in the'State of North Carolina (the "Association"); that I have full authority to manage, represent, sign for
and hind the Association, that the followi ng i,; a true copy of resolutions duly adopted by the governing hody of said Association at a meeting duly held
on the day of , at which a quorum was present and acted throughout or adopted by the
unanirr....u" written con"ent of the governing hody; and that such resolutions are in full force and effect and have not been amended or rescinded.
1. Resolved, that Bank of America, N. A. (the "Bank") is hereby designated as a depository of the Associatiün and that
depolO'it acc"unts and/or time deposits (CDs) be opened and maintained in the name of this Association with the Bank in accordance with the term.. of the
Bank's Deposit Agreement and DisclosureB and the applicable rules and regulations for such accounts; that anyone of the follòwing Authorized
Representatives of this Association:
Bruce T.' Shell
Name
Julianne M. Griffin
Fin;:¡nrp Director
Title
Deputy Finance Director
NilEårbara D. McClure
Title
Assistant Finance Director
NU~rk W. Vincent Title
Sgt-NHC Sheriff's Dept
Nathan R. Johnson Major-NHC Sheriff's Dept
NaMichael Wallace Titl"Sgt-NHC Sheriff's Dept.
is 1~~Jhp~J11ål,Je<¡}~01 behalf of this Association and in its name, to execute ancftô~~jì1HÿwþíìcJ¡¡Jdtt,1dtUi~9..~~Snt, signature cal'd Ilnd any
other documentation required by the Bank to open said accounts; to sign checks, drafts, notes, bills of exchange, acceptances, time depoBits (CDB) or
other orders for payment of money; to endorBe checks, drafts, notes, bills, time deposits (CDs) or other instrumentB owned or held by this ABsociation for
deposit with Bank or for collection or discount by the Bank; to accept draftB, acceptanceB, and other instrumentB payable at the Bank; to place orderB
with the Bank for the purchase and sale of foreign currencies on behalf of this Association; to execute Ilnd deliver an electronic fund trllnsfer,; agreement
and to make transfers or withdrawals by electronic transfer on behalf of the Association; to obtain an acceBS device (including but not limited to a card,
code, or other means of acceBS to the ABBociation'B accounts) that may be used fôr the purpose of initiating electronic.fund transfers [As..ociation agree..
Ilnd Ilcknowledges that neither the Electronic Fund.. TranBfer Act (15 V.S.C. 1693 et Beq.) nor Regulation E (12 C.F.R. Part 205) are applicable to any
such access device 1; to establish and maintain a night deposit relationship; to execute and deliver a wire transfer agreement and to requeBt., or'to appoint
or delegate from time to time Buch persons who may request, wires of funds; to enter into any agreements with the Bank for the provision by Bank of '
various Treao;ury Management serviceB to this Aso;ociation as such Authorized Representative may determine, in his or her sole discretion, and to sign
any and all documents and take all actions required by Bank relative to such Treasury Management services 01' the performance of the Association's
ohligations thereunder, and that any such Treasury Management agreement(s) shall remain in full force and effect until written notice to terminate
given in accordance with the termB of any such agreement shall have been received by the Bank and that such termination shall not affect any action
taken hy the Bllnk prior to such termination; to rent or lease a safe deposit box from Bank, to execute the rental agreement or lease, to enter the safe
deposit box and to terminate the rental agreement or lease; to take whatever other actions or enter into whatever other agreements relating to the'
aecounts or investment of funds in Buch accounts with the Bank and to execute, amend, o;upplement and deliver to Bank such agreements on behalf of
the Association upon such termo; and conditions as such Authorized Representative may deem appropriate and to appoint and delegate, ii'om time to
time, such person(s) who may be authorized to enter into such agreements and take any other actionsþursuant to such agreementB in connection with
said accounts that the Authorized Representative deemB necessary; and to waive presentment, demand, protest, and notice of protest or dishonor.of any
check, note, hi!!, draft, or other instr!lIYlent made, drawn or endorsed by thiB Association; and
2. Further Resolved, that the Bank be and iB hereby authorized to honor, receive, certify, payor exchange for money orders or other instruments
all ino;truments signed in accordance with the foregoing resolutions even though such payment may create an overdraft or even though such
instruments may be drawn or endorsed to the order of any Authorized RepreBentative signing th~ same or tendered by such Authorized Rep¡"esentative
or a third party for exchange or cashing, or in payment of the individual obligation of such Authm'ized Representative, or for deposit to such Authorized
Representative's personal account and Bank shall not be required 01' be under a'ny obligation to inquire as to the circumstances of the issuance or use of,
any instrument signed in accordance with the foregoing resolutions or the application or disposition of such instrument 01' the proceeds thereof; and,
furthe,', th¡Ü the Bank is authorized to honor any instructions regarding withdrawals, orderB for payment or transfer of funds whether oral, hy telephone
or electronic means if such withdrawal, orders or transfer are initiated by an Authorized Representative; and
3. Further Resolved, that the Bank be and is hereby requm;ted, authorized and directed to honor and to treat as authorized, check.., drafts orother
order" for the payment of money drawn or purportedly drawn in this Association's nar¡¡,e, including those payable to the individual order of any person
whof'e name appears thereon as signer thereof, when bearing or purporting to bear the' facsimile signature of an Authorized RepreBentative authorized
in the foregoing resolutions and Bank ..hall be entitled to honor, to treat as authorized, and to charge this Association for such checks, drafts, or other
orde¡'s regardleBs of by whom or by what means the actual 01' purported facsimile signature thereon may have been affixed thereto, if such signature
resembles the facsimile specimen duly certified to or tiled with the Bank by the Secretary or Assistant Secretary or other officer or an Authorized
Representative of this Association or if such facsimile signature resembles any facsimile signature previously aftixed to any check, draft, or other order
drawn in the Association's name, which check, dJ·aft, or other order was accept~d and paid without timely objection by the Association, thereby ratifying
the use of such facsimile signature; and the Af'sociation hereby indemnifieB and holds the Bank harmless against any and all loss, COBt, damage or
eKpense suffered or incurred by the Bank arising out of or in any way related to the misuse or unlawful or unauthorized use by'a person of such facsimile
signature; and
O()·11,H011M 6·19\1\1 NNC
4, Further Resolvecl, that endorsements for deposit may be evidenced by the name of the Association being written 01' stamped on the check'ilr
other instrument deposited, without designation of the party making the endorsement, and Bank is authorized to supply any endorsement on an~
instrument tendered for deposit or collection; and .
"'·1
)
5. Further Resolvecl, that the Secretary or Assistant Secretary or other duly authorized officer of this Association shall certify to the Bank names
and signatures of persons authorized to aet on behalf of this Association under the fOl'egoing re80lutions and shall from time to time hertHoifter, as
changes in the identity of said Authorized Representatives are made, immediately report, furnish and certify such changes to Bank and 8hall 8uhmit to
Bank a new account signature card refleeting such change in artier to make such changes effective and Bank shall be fully proted:ed in relying on
such certifications and shall be indemnified and saved harmless from any claims, démands, expenses, losses, or damages resulting from, 01' growing
out of, honoring the signåture of any Authorized Representative so certitied, or refusing to honor any signature not so certified; and
6. Further Resolvecl, that the foregoing resolutions shall remain in full force and effect and the authority herein given to all of said persons shall
remain i~revocable as far as Bánk is concerned until three (3) business days after Bank is notified in writing of the revocation of such authority and
that receipt of such notice shall not affect any action taken ,by the Bank prior thereto: and
7. Further Resolvecl, that all transactions by any Authorized Representative, officer or employee ofthis Association on its behalf and in its name
with Bank prior to the delivery to Bank of a certitied copy of the foregoing resolutions are, in all respects, hereby ratified, confirmed, approved and
adopted; and
8. Further Resolvecl, that the Secretary or Assistant Secretary be and hereby is, authorized and du'ected to certify these resolutions to Bank and '
that the provisions hereof are inconformity with the Articles of Association, Charter, Rules and Bylaws of this Association.
"
In Witness Whe~of an'd intending to bind the Association, I have hereunto subscribed my name as the _
of this Association, this I 2:- day of ~, ~ I '
Chairman
~
Chairman. New Hanover County Board of County Commissioners
Bank Infonnation
Date
Banking Center Name
Associate's Name
Associate's Phone Number
26.25.4
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
Huntington Forest Subdivision (File 969-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,
CERTIFICA TE
The foregoing resolution was duly adopted by the Board of Commissioners of the County of
New Hanover at a meeting on the 12th day of March,2001
WITNESS my hand and official seal this the b10;L,
day of ~..)
2001,
"c;\/' ~_
Cl rk to the Board
Ne anover County Board of
Commissioners
Fonn SR-2
Please Note: Forward directly to the District Engineer, Division of Highways,
resolute,wp
26.25.5
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, the New Hanover County Sheriffs Department has a 1992 Chevrolet Caprice
law enforcement package car, Vehicle Identification Number IGIBL5371NR139880, that is
currently insufficient for the Sheriff s operation;
AND WHEREAS, the New Hanover Regional Medical Center has a 1994 Ford F350 Type
1 ambulance, Vehicle Identifications Number IFDKF37M2RNA43705, that is currently insufficient
for the Medical Center's operation;
AND WHEREAS, the County and the Medical Center desire to exchange vehicles without
monetary consideration as provided in General Statute 160A-274;
AND WHEREAS, pursuant to General Statute 160A-274, the County Board of
Commissioners is authorized to approve such transfer upon such terms and conditions as it deems
wise, with or without consideration;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the 1992 Chevrolet Caprice law enforcement package car of the Sheriff s
Department, Vehicle Identific,ation Number IGIBL5371NR139880, be exchanged with the 1994
Ford F350 Type 1 ambulance of the Medical Center, Vehicle Identifications Number
IFDKF37M2RNA43705, without monetary consideration and that the County staff is directed to
process any required documents to consummate the transaction.
This 12th day of March, 2001.
(SEAL)
1d [1U/n. ,
Chairman, B6~f County Commissioners
ATTEST:
()2~~v/ /I~
'Cí~the Board
26.25.6
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMATION
WHEREAS, the American Red Cross Cape Fear Chapter builds on a tradition of
92 years of faithful service to the Cape F ear area by vividly demonstrating its relevance
during times of need, whether for an entire community or one family in a community, and
'by providing education to prevent,prepare for and respond to emergencies to help save
lives; and
WHEREAS ,President Franklin D. Roosevelt first proclaimed March as Red
Cross month in 1943, and chapters across the country have traditionally used this time
", to remind people of the great good that is being done by the 1.3 million volunteers and 4.5
million blood donors associated with the American Red Cross, who aid in responding to
70,000 disaster incidents a year, helping 106;000 families, and who help provide a safe
and adequate blood supply¡ and '
WHEREAS, the Red Cross is the nation' spremier humanitarian organization that
assists millions of people ona daily basis in more than 3,000 hospitals and 145 military
installations around the globe and also provides 12 million people instructions in lifesaving
, techniques, ranging from first aid and CPR to -water safety and safe boathandling¡
NOW, THEREFORE BE IT RESOLVED that the New Hanover County
Board of Commissioners proclaims the month of March 2001 as AMERICAN RED
CROSS MONTH in New Hanover County and urges our citizens to demonstrate support
for the Cape Fear Chapter and tobecom:e actively involved in furthering the humanitarian
mission of our American Red Cross.
Ado ted this the 12th day of March 2001.
t:L fJ4l~ JQ ,
Ted Davis, Jr., Chairman
\/~~
Lu °e F. Harrell, Clerk to the Board
26.25.7
AN ORDINANCE OF THE COUNTY OF
NEW HANOVER COUNTY, NORTH CAROLINA
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY ADOPTED
OCTOBER 6, 1969
A-307,03/01
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. That the Zoning Ordinance of the County ofN ew Hanover adopted October 6, 1969, as
amended be and the same is hereby further amended as follows:
Section 104-3
A temporary building permit may be issued by the Building Inspector for a
period not exceeding six (6) months during alterations or partial
occupancy of a building pending its completion, A temporary bulding
permit may be issued by the Building Inspector for a period not exceeding
one (1) month for bazaars, carnivals, religious revivals, side shows,
concerts, or sporting events. Such temporary permit may require such
conditions and safeguards as will protect the safety of occupants and the
public, as well as the concurrence of the Airport Authority for these
uses in the AI district (3/12/01).
Revised Table of
Permittéd Uses
AI
Circuses, Carnivals, Fairs & Side Shows of no more P
Than 30 days Duration per Year
Section 2, Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent
of such conflict, is hereby repealed.
Section 4. This ordinance is adopted in the interest of public health, safety, morals and general
welfare of the inhabitants ofthe County of New Hanover, North Carolina, and shall be in full force
and effect from and after its adoption
Adopted the 12th day of March 2001,
Attest:
fta*Q~an
~~,,\/ 4~.tL
....... ~~~ to the Board