1999-01-04 RM Exhibits
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STATE OF NORTH CAROLINA
New Hanover County, NC-0140
BEFORE THE COUNTY OF NEW HANOVER
IN THE MATTER OF'
Review of Basic Service Tier Cable Rate
contained within FCC 1240 Updating
Maximum Pennitted Rates filed by Time
Warner Cable, Wilmington Division, for
New Hanover County, NC-0140
) ORDER APPROVING
) MAXIMUM PERMITTED RATE
) OF $5.52 ON BASIC SERVICE
) TIER
BY THE COUNTY OF NEW HANOVER:
WHEREAS, on October 5, 1998, Time Warner Cable, Wi1mington Division, submitted an FCC 1240
Updating Annual Maximum Pennitted Rates form for Regulated Cable Services with New Hanover County,
NC-O 140. Time Warne"s filing covers programming, external costs and inflation for the True-up Period,
January 1, 1998, through December 31, 1998; and anticipated costs for the Projected Period, January 1,
1999, through December 31,1999;
WHEREAS, Time Warner Cable is permitted, pursuant to FCC rules, to adjust its non-extcrnal costs
portion of its basic service tier rates for inflation based on quarterly figures released by the FCC during
January 1, 1998, through December 31, 1998;
WHEREAS, the FCC's inflation factor of. 82% for the second-quarter of 1998 was published on September
30, 1998, the same day Time Warner dated its FCC 1240 filing;
WHEREAS, Time Warner Cable used the inflation factor of1.14% for the last nine months of1998 in
Worksheet] calculations, instead of the .82% as published by the FCC;
WHEREAS, Time Warner Cable used the inflation factor of 1. ]4% in Line C5, Current FCC Inflation
Factor;
WHEREAS, Oil December 22, 1998, the County Commissioners received a report indicating that Time
Warner Cable's September 30, ]998, FCC ]240 did not incorporate the FCC's second-quarter inflation
factor of .82% in its Worksheet 1, True-up Period Inflation calculations, nor did it use 1.]4% in Line C5,
Current FCC Inflation Factor;
WHEREAS, FCC rules grant local franchise authorities a 90-day review period, as measured from the date
of receipt of said filing by the local franchise authority (LFA), with which to review the cable operator's FCC
1240 filing. If the 90-day review period expires, the County retains refund authority past the initial 90.day
review period so long as all inquiries from the cable operator regarding said review arc =ponded to in
writingwitbin]5 days of said inquiry;
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WHEREAS, Time Warner Cable's FCC 1240 filing also includes cost estimates for the oalendar year of
1999, and these estin,ates may require adjustment in the oable operator's subsequent FCC 1240 filing for
2000; and,
WHEREAS, New Hanover County has authority to regulate basio servioe tier rates assessed by Time
Warner Cable, Wilmington Division, serving franclrise NC-0140, New Hanover COWlty;
IT IS A FINDING:
TIIA T Time Warner Cable did not use the most recently released FCC Quarterly Inflation Faotor of .82% at
the time it filed its FCC 1240 with the County;
IT IS THEREFORE ORDERED:
THAT the maxnnum permitted basio service tier rate for Time Warner Subsoribers in New Hanover
COWlty, NC.{)140, for the calendar year of1999, shall be $5.52, subject to subsequent findings by the
County to the oontrary; and,
TIIA T the County retains its authority to issue refunds or rate roll backs after the initial90-<lay review
period with respect to the restructured rate set out in the FCC 1240 filing.
ISSUED BY ORDER OF THE COUNTY OF NEW HANOVER
This the 11 A
dsyof p~,
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/99 'j
ATTEST CHAIRMAN
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seal
Deliver via Certified U.S. Mail to:
Extra oopy to:
Time Warner Cable
Action Audits
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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 GORMAN PLANTATION SUBDIVISION
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 Systema
. 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.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of
Commissioners of the County of New Hanover at a meeting on the
4TH day of JANUARY 1999
,
& WITNESS my
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hand and official seal this the ~~
, 1999.
day of
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u ie F. Harrell, Clerk to the Board
New Hanover County Board of
Commissioners
Form SR-2
Please Note: Forward directly to the District Engineer, Division of Highways.
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AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA,
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY ADOPTED
OCTOBER 6, 1969
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1 That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as
amended be and the same is hereby further amended as fs>llows:
Special Highway Overlay District
Reword Sections 59 6-3(2) and (3) as noted.
\
(2) Enclosed Facilities - All manufacturing, offices, wholesaling, retail sales, and related
storage shall be conducted within an enclosed huilding, except that the displayof
automobiles and/or boats in the ji:ont, side or rear yard areas may be permitted
provided the minimum setback applicable to parking lots is met and all other side
and rear setbacks are met. If the storage and/or display of hoats and autos is
adjacent to residentially zoned property occupied by a residential use or a platted
residential lot, then the storage or display shall be screened from view
(3) Outside Storare - Other general storage may be permitted in the side or rear yard
provided it is set back no less than 25 feetfrom the side or rear property line and
that buffering and screening is installed pursuant to Section 67 of this Ordinance.
Section 2. Any ordinance or part of any ordinance in conflict with this ordinance, to the extent of
such conflict is hereby repealed.
Section 3 This ordinance is adopted in the interest of public health, safety, morals, and general
welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force
and effeb from and after its adoption.
Adopted this 4th day of January, 1999
Attest:
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William A. Caster. Chairman
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CI k to the Board '-"