HomeMy WebLinkAbout1999-10-18 RM Exhibits
NEW HANOVER COUNTY TAX COLLECTIONS
COLLECTIONS THRU 09/30/99
CURRENT TAX YEAR - 1999
-----------------------
ORIGINAL TAX LEVY PER SCROLL
DISCOVERIES ADDED
LESS ABATEMENTS
TOTAL TAXES CHARGED
ADVERTISING FEES CHARGED
LISTING PENALTIES CHARGED
CLEANING LIENS CHARGED
TOTAL LEVY
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
BACK TAXES
----------
REAL ESTATE AND PERSONAL PROPERTY
CHARGES ADDED
LESS ABATEMENTS
TOTAL TAXES DUE
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
ROOM OCCUPANCY TAX COLLECTIONS
PRIVILEGE LICENSE COLLECTIONS
AD VALOREM
---------------
$ 17,390,208.16
2,312,628.14
52,714.91-
---------------
$ 19,710,121.93
.00
37,347.39
8,130.00
---------------
$ 79,756,199.32
6,135,363.13-
---------------
$ 13,620,835.59
- 7.69%*
$ 2,824,866.85
4,704.44
19, 718.70-
---------------
$ 2,809,852.59
509,362.24-
---------------
$ 2,300,490.35
18.13%
SEP 1999
--------------
315,822.30
1,791.50
TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR
CITY OF wILMINGTONt WRIGHTSVIlLE BEACH, CAROLINA
BEACH TO DATE - $IL,925,786.54.
THIS REPORT IS FOR FISCAL YEAR BEGINN~N.~G ULY 1,
RE~CTFUlLY SUBMITTED, ~
Yet\.... l;", ~. {),. ~J r,l3Y'
PATRICIA J. R YN R' ~
COLLECTOR OF R ENUE
* COMBINED COLLECTION PERCENTAGE -
)
CONSENT AGENDA
DATE:__.::.______
ITEM NO.______
MOTOR VEHICLE
---------------
$ 2,597,823.63
9,029.36
24,462.84-
---------------
$ 2,5B2,390.15
.00
.00
.00
---------------
$ 2,5B2,390.15
1,413,537.07-
---------------
$ 1,108,853.08
57.06%*
FISCAL YTO
--------------
1,09B,595.51
9,627.88
NEW HANOVER COUNTY,
BEACH AND KURE
9.24%
1999.
CONSENT AGENDA
DATE:__.::.______
ITEM NO.______
NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS
COLLECTIONS THRU 09/30/99
CURRENT TAX YEAR - 1999
-----------------------
ORIGINAL TAX LEVY PER SCROLL
AD VALOREM
---------------
$ 2,060,?'n.51
MOTOR VEHICLE
---------------
$ 50,57(,.5!l
\
CONSENT AGENDA
DATE:__..:.______
ITEM NO.______
NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS
COLLECTIONS THRU 09/30/99
CURRENT TAX YEAR - 1999
-----------------------
ORIGINAL TAX LEVY PER SCROLL
DISCOVERIES ADDEO
LESS ABATEMENTS
TOTAL TAXES CHARGED
LISTING PENALTIES CHARGED
TOTAL LEVY
COLLECTIONS TO DATE
OUTSTANOING BALANCE
PERCENTAGE COLLECTED
BACK TAXES
----------
AO VALOREM
---------------
$ 2,060,293.51
B2,959.33
39,227.48-
---------------
$ 2,104,025.36
796.41
---------------
$ 2,104,B21.71
173,831.01-
---------------
$ 1,930,990.76
B.26%*
REAL ESTATE AND PERSONAL PROPERTY $
CHARGES ADDEO
LESS ABATEMENTS
TOTAL TAXES DUE
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
THIS REPORT IS FOR FISCAL YEAR
R~ECTFULLY SUBMITTED,
. a {)... ~ "eV"
Cl rn ( , '" .':n C
PATRICIA J. OR 1
COLLECTOR OF REVENUE
55,05B.7)
44.00
548.67-
---------------
$
54,554.06
10,250.28-
---------------
$ 44,303.78
18.79%
BEGINNING JULY 1, 1999.
~
* COMBINED COLLECTION PERCENTAGE -
9.43%
MOTOR VEHICLE
---------------
$ 50,576.5B
229.43
446.39-
---------------
$ 50,359.62
.00
---------------
$ 50,359.62
29,408.72-
---------------
$ 20,950.90
58.40%*
....~c ..', "\~...,,~<~'. J',..
New Hanover County
Board of Commissioners
RESOLUTION
WHEREAS, the Eastern region of the State of North Carolina, comprising about one third
of the State's land area, has been devastated by a direct hit and flooding caused by Hurricane Floyd;
and
WHEREAS, the people, communities, schools, and businesses of this region are suffering
from this natural disaster unlike anything ever seen in this State; and
WHEREAS, Governor James B Hunt has visited and surveyed the devastated areas and has
shown exemplary leadership in focusing the nation's attention and resources towards helping families
and initiating efforts of recovery, rebuilding and redevelopment of the impacted neighborhoods,
communities, towns and counties;
NOW THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners strongly endorses and supports the Governor Hunt's Hurricane Floyd Emergency
Appropriation Request totaling $2.198 billion in federal funds and grants as a component of the
funding required to address this tragic situation. The board further requests the rapid approval of
these funds by the Congress of the United States to address immediate recovery efforts and to begin
to restore the affected communities and counties in order to regain the future of this region.
Adopted this the 7th day of October, 1999
D~ ()-~
William A. Caster, Chairman
Attest: . /
():J ,.I ~;( ~ ./
~o the Board
~i~).~5?
~'.,..:1::,:'
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, the use of the Volund burning unit is required in the routine operation of the
W ASTEC Facility;
AND WHEREAS, replacement parts are needed to complete scheduled maintenance repairs to
the existing Voltmd burning unit;
AND WHEREAS, Ansaldo Volund AIS holds all the drawings and specifications to the
required replacement parts;
AND WHEREAS, General Statute 143-129(f) allows an exemption from formal bidding for
purchase contracts when a needed product is available from only one source of supply;
AND WHEREAS, the W ASTEC staff has explored options and has been able to find the
replacement parts only from the manufacturer;
AND WHEREAS, funds have been previously appropriated a~d are now in Account No.
700-485-4195-3920-25 to cover this contract, contract amount of seventy-three thousand five hundred
eighty-nine dollars and seventy cents ($73,589 70);
AND WHEREAS, the Environmental Management Director, the Finance Director, and the
County Manager recommend that the contract be awarded to Ansaldo Volund AIS, the sole source for
these parts;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the contract # 00-0163 for Volund grate parts for the W ASTEC Facility of the
Environmental Management Department, be awarded to .Ansaldo Volund A1S in the amount of
seventy-three thousand five hundred eighty-nine dollars and seventy cents ($73,589 70); and that the
County is hereby authorized and directed to execute the contract, contract form to be approved by the
County Attorney
This 18th day of October, 1999
(SEAL)
1J~C~
Chairman, Board of County Commissioners
..
INTRODUCTED BY: Allen O'Neal, County Manager
DATE:
RESOLUTION AUTHORIZING CONVEYANCE OF ONE LOT TO
WILMINGTON-NEW HANOVER COMMUNITY DEVELOPMENT
CORPORATION
RESOLVED:
The New Hanover County Commission herby approves the conveyance of the
following lot to Wilmington-New Hanover Community Development Corporation
for the construction of single-family owner-occupied residences.
Parcel Number
3117-83-5825000
Address
117 Wright Street
Size
33' x 84"
Tax Value
$7,16100
2. The conveyance shall be subject to the conditIOn that the lots be used to construct
single-family owner-occupied residence for low to moderate-income citizens in
accordance with requirements adopted by resolution on Apn119, 1994
3 The deed for conveyance for the lots shall not be delivered until ten days after
notice of the conveyance has been advertised, as required by G.S. 160A-267
4 Conveyance is subject to approval by the Wilmington City Council for their
ownership share in the property
Ado~at a regular meeting
On /1 ,191L
Attest:
CJl:it/~
CI k to the Board
New Hanover County Board of Commissioners
V~Q~
Chaimlan
CITY OF WILMINGTON
AND NEW HANOVER COUNTY
NOTICE OF CONVEYANCE OF PROPERTY
BY PRIVATE SALE
Please take notice that the Wilmington City Council adopted a resolution dated October
6,1999, and the Board of Commissioners of New Hanover County adopted a resolution on
October 18, 1999, authorizing the conveyance by private sale to the Wilmington-New Hanover
Community Development Corporation, a non-profit corporation, for the following described
property.
117 Wright Street
Parcel Number' R03117-83-5825.000
This property will be conveyed to Wilmington-New Hanover Community Development
Corporation without monetary consideration to be used in a program with the purpose of
constructing a single-family residence for lower and moderate income persons or families. This
conveyance is made pursuant to the authority of G.S. 160A-279 for the public purpose of
providing lower and moderate income housing. The conveyance shall not be consummated until
ten (10) days after the publication of this notice.
A. Penelope Spicer-Sidbury, City Clerk
City of Wilmington
Lucie Harrell, County Clerk
New Hanover County
Advertised: October 23, 1999
,{
,
.'
INTRODUCTED BY: Allen O'Neal, County Manager
DATE:
RESOLUTION AUTHORIZING CONVEYANCE OF ONE LOT TO
CAPE FEAR HABIT AT FOR HUMANITY
RESOLVED:
The New Hanover County Commission herby approves the conveyance of the
following lot to Cape Fear Habitat for Humanity for the construction of single-
family owner-occupied residences,
Parcel Number
3128-17-0102.000
Address
612 N 7th Street
Size
33'xI66"
Tax Value
$5,128.00
2. The conveyance shall be subject to the condition that the lots be used to construct
single-family owner-occupied residence for low to moderate-income citizens 111
accordance with requirements adopted by resolution on April 19, 1994
3 The deed for conveyance for the lots shall not be delivered until ten days after
notice of the conveyance has been advertised, as required by G.S 160A-267
4 Conveyance is subject to approval by the Wilmington City Council for their
ownership share in the property
AdO~ at a regular meetll1g
On . d ,19!:L-
Attest:
New Hanover County Board of Commissioners
'tJ~ Q_ ~
Chaimlan
.
,
CITY OF WILMINGTON
AND NEW HANOVER COUNTY
NOTICE OF CONVEYANCE OF PROPERTY
BY PRIVATE SALE
Please take notice that the Wilmington City Council adopted a resolution dated October
6, 1999, and the Board of Commissioners of New Hanover County adopted a resolution on
October 18, 1999, authorizing the conveyance by private sale to Cape Fear Habitat for Humanity,
a non-profit corporation, for the following described property'
612 North 7"' Street
Parcel Number' R03128-17-0102.000
This property will be conveyed to Cape Fear Habitat for Humanity without monetary
consideration to be used in a program with the purpose of constructing a single-family residence
for lower and moderate income persons or families. This conveyance is made pursuant to the
authority ofG.S. 160A-279 for the public purpose of providing lower and moderate income
housing. The conveyance shall not be consummated until ten (10) days after the publication of
this notice.
A. Penelope Spicer-Sidbury, City Clerk
City of Wilmington
Lucie Harrell, County Clerk
New Hanover County
Advertised: October 23, 1999
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, after due advertisement, bids were received and publicly opened by
the Finance Department at 10'00 a.m., on the 30th day of September, 1999, at the
County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and
the following bid was received for two (2) trucks for the Animal Control Division of the
Health Department, Bid # 00-0106
Bob King GMC
$40,79612
AND WHEREAS, the Animal Control Director, the Finance Director, and the
County Manager recommend that the contract be awarded to Bob King GMC of
Wilmington, North Carolina, the only responsible bidder, in the amount of forty
thousand seven hundred ninety-six dollars and twelve cents ($40,796.12),
AND WHEREAS, funds have been previously appropriated and are now in
Account No 110-510-5114-6450 to cover this contract;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of New Hanover County that the contract for two (2) trucks for the Animal Control
Division of the Health Department, Bid # 00-0106 be awarded to Bob King GMC in the
amount of forty thousand seven hundred ninety-six dollars and twelve cents
($40,79612), and that the County is hereby authorized and directed to execute the
contract, contract form to be approved by the County Attorney
This 18th day of October, 1999
(SEAL)
1J~Q-~
Chairman, Board of County Commissioners
ATTEST
~~;/)I~-
CI to the Board
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, the use of the Volund burning unit is required in the routine operation of the
W ASTEC Facility;
AND WHEREAS, replacement parts are needed to complete scheduled maintenance repairs to
the existing Volund burning unit;
AND WHEREAS, Ansaldo Volund A/S holds all the drawings and specifications to the
required replacement parts;
AND WHEREAS, General Statute 143-129(1) allows an exemption from formal bidding for
purchase contracts when a needed product is available from only one source of supply;
AND WHEREAS, the W ASTEC staff has explored options and has been able to find the
replacement parts only from the manufacturer;
AND WHEREAS, funds have been previously appropriated and are now in Account No.
700-485-4195-3920-25 to cover this contract, contract amount of seventy-three thousand five hundred
eighty-nine dollars and seventy cents ($73,589 70);
AND WHEREAS, the Environmental Management Director, the Finance Director, and the
County Manager recommend that the contract be awarded to Ansaldo Volund NS, the sole source for
these parts;
NOW, THEREFORE, BE IT RESOL VED by the Board of County Commissioners of New
Hanover County that the contract # 00-0163 for Volund grate parts for the W ASTEC Facility of the
Environmental Management Department, be awarded to Ansaldo Volund A/S in the amount of
seventy-three thousand five hundred eighty-nine dollars and seventy cents ($73,589 70); and that the
County is hereby authorized and directed to execute the contract, contract form to be approved by the
County Attorney
This 18th day of October, 1999
viJ4~ Q.~
Chairman, Board of County Commissioners
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, after due advertisement, bids were received and publicly opened by the Finance
Department at II :00 a.m., on the 30th day of September, 1999, at the County Administration Building,
320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for a wheel
loader/integrated tool carrier for the Vector Control Division of the Health Department, Bid # 00-0135
E. F Craven Company
Mitchell Distributing Company
R. W Moore
$ 88,217.00
$ 93,254.00
$ 98,303.00
$107,000.00
$125,486.00
North Carolina Equipment Company
Gregory Poole Equipment Company
AND WHEREAS, after review by the staff, it has been determined that the optional forks
attachment quoted at three thousand six hundred fourteen ($3,614 00) dollars be purchased with this
equipment and the associated cost be added to the total amount resulting in a contract price of ninety-one
thousand eight hundred thirty-one dollars ($91,831.00);
AND WHEREAS, the Finance Director, and the County Manager recommend that the contract
be awarded to North Carolina Equipment Company of Wilmington, North Carolina, the lowest
responsible bidder, in the amount of Ninety-one Thousand Eight Hundred Thirty Dollars
($91,830.00);
AND WHEREAS, funds have been previously appropriated and are now in Account No.
110-510-5112-6400 to cover this contract;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the contract for a wheel loader/integrated tool carrier for the Vector Control
Division of the Hcalth Department, Bid # 00-0135 be awarded to North Carolina Equipment Company
in the amount of ninety-one thousand eight hundred thirty-one dollars ($91,831.00); and that the County
is hereby authorized and directed to execute the contract, contract form to be approved by the County
Attorney
This 18th day of October, 1999
ER
tJ~O~
Chairman, Board of County Commissioners
_.
--..
Resolution of Intent to Close
a Portion of Unnamed Road
( Middle Sound Community )
Whereas, a petition has been filed pursuant to NCGS l53A-241, requesting the Board of
Commissioners of New Hanover County to close the following described portion of a public
road;
Beginning at the northwest corner oftract 2 (Book 2, Page 128 ofC.N. Dunn Place) which is the
western right of way of unnamed road, commencing from said point 200 feet southeast to the
northeast corner of tract 2, thence 30 feet northeast which is the southeast corner of tract 3 (Book
2, Page 128 ofC.N Dunn Place) which is the eastern right of way of unnamed road, thence 200
feet southwest to a point in tract 3, eastern right of way of unnamed road thence from said point
30 feet southeast to point of beginning ( exhibit of area attached).
Now therefore, be it resolved that this Board is considering closing a portion of Unnamed Road
to public use, and that a public hearing on this question will be held on the 6th day of December
1999, at 7.30 p.m. in the Assembly Room of the Old County Courthouse at 24 North Third Street
in Wilmington at which time the Board will hear all interested citizens and make a final
determination as to whether the road shall be closed.
The foregoing resolution was adopted by the New Hanover Board of Commissioners on the 18th
October, 1999
tJ~ {/~
William A. Caster, Chairman
Attest:
RESOLUTION NO. 99-
"
A RESOLUTION GRANTING THE CONSENT OF NEW HANOVER COUNTY
TO THE TRANSFER OF CONTROL OF THE NONEXCLUSIVE CABLE TELEVISION
FRANCHISE FROM FALCON CABLE MEDIA TO CHARTER COMMUNICATIONS
HOLDING COMPAl'o'Y, LLC
WHEREAS, Falcon Cable Media ("Franchisee") holds a valid franchise (the
"Franchise") to operate a cable television system ("Cable System") in New Hanover County,
North Carolina ("Franchising Authority"), and
WHEREAS, Charter Communications, Inc, ("CCI") and certain affiliates of the
Franchisee (including the Franchisee's ultimate parent company, Falcon Communications, L.P.,
hereinafter "FCLP") have entered into a purchase and contribution agreement (the" Agreement")
dated May 26, 1999, pursuant to which CCI's affiliate, Charter Communications Holdings, LLC,
("Charter") will acquire control ofFCLP (the "Transaction"); and
WHEREAS, the Franchisee and Charter have requested consent by the franchising
authority to the Transaction, and in connection therewith, the Franchisee filed an FCC Form 394,
(Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable
Television Franchise) with the franchising authority on or about July 16, 1999; and
WHEREAS, the Franchising Authority has conducted a thorough review and
investigation into the legal, technical, and financial qualifications of the Applicant and the
Transferee to own and operate the Cable System, and
WHEREAS, Franchisee is not in compliance with Section 6-122(1)(b) of Article VI of
the New Hanover County Code relating to customer service standards; and
WHEREAS, the Franchising Authority receIved and reviewed the report of its cable
television consultant concerning the legal, technical and financial qualifications of the Transferee
and provided an opportunity for public comment; and
WHEREAS, following further review and investigation, the Franchising Authority has
concluded that the Transferee has established that it meets the legal, technical and financial
criteria to operate the Cable System and has satisfied all criteria set forth in and/or under all
applicable or required local government and federal documents, laws, rules and regulations,
including FCC Form 394, and contingent upon Charter meeting all of the requirements set forth
below
NOW, THEREFORE, BE IT RESOLVED that in consideration of the foregoing and
the promises set forth herein, the Franchising Authority and Charter agree to the following:
1 The Franchising Authority consents to the Transaction, effective immediately
upon the closing of the transactions contemplated by the Agreement, provided that said closing
takes place prior to January 1, 2000
2. The Franchising Authority confirms (a) that the Franchise held by the Franchisee
is valid and in full force and effect, and (b) that the Franchisee will be in material compliance
with the Franchise, if the other conditions set forth In this ResolutIOn are satIsfied.
3 Charter (a) agrees to be bound by the Franchise and perform all duties and
obligations thereunder; (b) represents and warrants that Charter is able to provide and agrees to
provide all services under said Franchise; (c) acknowledges and agrees that Charter is subject to
the regulatory authority of the Grantor as provided by state and federal law; and (d) agrees to
cooperate fully with the Franchising Authority and to obtain from any governmental agency
having jurisdiction all licenses, permits and other authority necessary for lawful operation and
maintenance of the Cable System.
4 The past performance of the Franchisee and FCLP under the Franchise is not
waived by the Franchising Authority consenting to this transfer and adopting this Resolution.
2
Charter agrees to be responsible for and bound by the breaches and nonperformance, if any, by
Falcon Cable Media and FCLP of the franchise prior to this transfer New Hanover County may,
after consummation of the transaction described above, consider in any subsequent renewal
proceeding the past performance of Falcon Cable Media and FCLP to the extent permitted under
47 U S.C 9546, as ifit were the past performance of Charter
5 Charter shall bring the system into full compliance with Section 6-122 of Article
VI of the New Hanover County Code within one hundred eighty (180) days of closmg.
6 Charter agrees that the revaluation of the Cable System assets resulting from the
Transfer and the Agreement shall not be the basis for any future rate increases for any regulated
cable service, including, but not limited to, basic cable service, equipment rentals and installation
costs.
7 Upon acceptance of this Resolution and the Franchise, by signing below, Charter
may (a) assign or transfer its rights in the Cable System and/or the Franchise to a parent,
subsidiary or affiliate of Charter to any other entity under the direct or indirect control of Paul
,Allen; (b) restructure the debt or change the ownership interest among existing equity
participants in Charter and/or its affiliates; (c) pledge or grant a security interest to any lender(s)
of Charter's assets, mcluding, but not limited to the Franchise, or of interest in Charter, for
purposes of securing an indebtedness; (d) sell capital stock of Charter, or any of Charter's
affiliate companies in a transaction commonly known as an "initial public offering," all without
obtaining prior consent of Franchising Authority, provided that: Charter represents in writing to
the Franchising Authority that any such transaction will not materially affect compliance with
the Franchise and that any affiliated Charter entity with an ownership interest in the franchise
3
shall fully comply with the terms of the Franchise; provided further that said Transaction takes
place prior to January 1, 2000
8 Within thirty (30) days following the adoption of this Resolution, Falcon shall pay
the sum ofTen Thousand Dollars ($10,000) to New Hanover County to reimburse New Hanover
County for its expenses in connection with this transfer
9 This ResolutlOn shall become effective on the date of its passage.
--
PASSED, ADOPTED AND APPROVED, thIs the//"4. day of @~
,1999
NEW HANOVER COUNTY
By
1J~G ~
Chairman
ATTEST
~(/ ddA
lerk ofthe B~ard --
(SEAL)
WE CONSENT TO AND ACCEPT THE TERMS AND CONDITIONS OF THIS
RESOLUTION
DATE OF ACCEPTANCE.
/0 is Clq
CHARTER COMMUNICATIONS
HOLDING COMP,ANY, L.L.c.
^ , ,) I "
By ! ice! I/J[Yh'I'A
M. Celeste Vossmeyer
Vice President
ATTEST
Ii
. '}
/ .t{'0,yK-0L
By',
TFu McColl~ Foushee
Vice President)
4
CORPORATE GUARANTY
OF
CHARTER COMMUNICA nONS HOLDINGS, LLC
This Corporate Guaranty ("Guaranty") is executed as of the
day of September,
1999, by Charter Communications Holdings, LLC, ("Guarantor"), for the benefit of New
Hanover County ("Authority").
WITNESSETH.
WHEREAS, pursuant to the cable television franchise (the "Franchise") between the
Authority and Falcon Cable Media ("Franchisee"), a wholly owned subsidiary of Falcon
Communications, L.P., ("FCLP"), and certain agreements, understandings and Franchise
amendments related thereto, FCLP has certain obligations related to the provisions of cable
television and related services for the Authority's citizens; and
WHEREAS, Charter Communications, Inc., ("CCI") and certain affiliates of the
Franchisee (including the Franchisee's ultimate parent company, Falcon Communications, L.P.,
hereinafter "FCLP") have entered into a purchase and contribution agreement (the "Agreement")
dated May 26, 1999, pursuant to which CCI's affiliate, Charter Communications Holdings, LLC,
("Charter") will acquire control ofFLCP (the "TransactIOn"); and
WHEREAS, the Authority's consent to the change of control of the FranchIse which will
result from the Transaction is required, and
WHEREAS, the Authority is not willing to consent to the change of control of the
Franchise which will result from the Transaction unless the Guarantor unconditionally
guarantees the payment, obligations and performance of Franchisee pursuant to the terms of the
Franchise and certain agreements, understandings and Franchise amendments related thereto.
NOW, THEREFORE, as a condition of Authority's consent to the change of control of
Franchise, the parties do hereby agree as follows:
1 Guarantor irrevocably and unconditionally guarantees to the Authority or its
successor and assigns prompt and satisfactory payment and performance by the Franchisee of the
Franchise and those certain agreements, understandings and Franchise amendments related
thereto, and all applicable federal, state and local laws, ordinances and regulations.
2. This Guaranty shall be effective upon the opening of business on the date when
the Transaction is closed, and shall run throughout the term of the Franchise and any renewal or
extension thereof, except that this Guaranty shall terminate at such earlier time that Guarantor
lawfully transfers ownership or control of the franchise-holding entity in accordance with the
Franchise and applicable federal, state and local law, including receipt of consent from Authority
for such transfer
3 In the event that Guarantor should breach or fail to timely perform any of the
obligations required by this Guaranty, Guarantor shall pay Authority all costs and expenses
(including court costs and attorneys' fees) incurred by Authority in the successful enforcement
hereof
4 Guarantor represents and warrants that the execution, delivery and performance
by Guarantor of this Guaranty and the consummation of the transactions contemplated hereunder
do not, and will not, contravene or conflict with any law, statute, or regulation whatsoever to
which Guarantor is subject or constitute a default (or an event which with notice or lapse of time
or both would constitute a default) under, or result in the breach of, any indenture, mortgage,
deed of trust, charge, lien, or any contract, agreement or other instrument to which Guarantor is a
party or which may be applicable to Guarantor This Guaranty is a legal and binding obligation
of Guarantor and is enforceable in accordance with its terms, except as limited by bankruptcy,
insolvency or other laws of general application relating to the enforcement of creditors' rights.
5 The Guarantor agrees that no failure to exercise, and no delay in exercising, on
the part of the Authority, any right hereunder shall operate as a waiver thereof, nor shall any
single or partial exercise thereof preclude any other or further exercise thereof or the exercise of
any other right. The rights of the Authority hereunder shall be in addition to all other rights
provided by law No modification or waiver of any provision of this Guaranty, nor consent to
departure therefrom, shall be effective unless in writing and no such consent or waiver shall
extend beyond the particular case and purpose involved. No notice or demand given in any case
shall constitute a waiver of the right to take other action in the same, similar or other instances
without such notice or demand.
6 This Guaranty shall be governed by and construed in accordance with the laws of
the State of North Carolina and the applicable laws of the United States of America.
7 This Guaranty may be amended only by an instrument in writing executed by the
party or an authorized representative of the party against whom such amendment is sought to be
enforced.
IN WITNESS WHEREOF, Guarantor has caused this Guaranty to be duly executed by
its authorized officers as of the day and year first above written.
CHARTER COMMUNICATIONS HOLDINGS, LLC
By
Title: Vir"
.!
V
shall fully comply with the terms of the Franchise, provided further that said Transaction takes
place prior to January 1,2000
8 Within thirty (30) days following the adoption of this ResolutIOn, Falcon shall pay
the sum ofTen Thousand Dollars ($10,000) to New Hanover County to reimburse New Hanover
County for its expenses in connection with this transfer
9 This Resolution shall become effective on the date of its passage.
---
PASSED, ADOPTED AND APPROVED, this thelcf~ day of @~
,1999
NEW HAt~OVER COUNTY
By'
1J~C ~
Chairman
ATTEST
~~/ d~
lerk ofthe Board --
(SEAL)
WE CONSENT TO AND ACCEPT THE TERMS AND CONDITIONS OF THIS
RESOLUTION
DATE OF ACCEPTAt'lCE.
Ie /' /f
/ Ci ..) t-!'T
CHARTER COMMUNICATIONS
HOLDING COMPANY, LLC
^ ; 'I J 1/1 1I1J/1 'I
By- , / L ~/I' ,)lIr f i ',-,Cv
M. Celeste Vossmeyer (,
Vice President .
A TT2iJ!i ('
, ,
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, " ~ , -7
By ,'\ \ 'rlV[,uy '~L
Trudi McCollum Foushee
Vice Presiden tl
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:
PLANTATION ROAD
WHEREAS, the aI/ached 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
aI/ached 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 Transportationfor the addition ofroads 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.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners ofthe County of
New Hanover at a meeting on the 18TH day of October. 1999
WITNESS my hand and official seal this the / f ~
day of
~vf)~ J
1999
~/v ~.b1
Cler to the Board -
New Hanover County Board of Commissioners
Fonn SR-2
Please Note: Forward directly to the District Engineer. Division of Highways.
resolute. wp
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 MIDDLE POINT SUBDIVISION
WHEREAS, the attached petition has been filed with the Board o/County Commissioners o/the County 0/
New Hanover requesting that the above described road(s), the location o/which has been indicated in red on the
attached map, be added to the Secondary Road System; and
WHEREAS, the Board 0/ County Commissioners is 0/ 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 o/Highways o/the Department o/Transportation/or the addilion,o/roads to the System,
NOW, THEREFORE, be it resolved by the Board o/Commissioners o/the County o/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 18TH day of OCTOBER. 1999
WITNESS my hand and official seal this the /.t 4 day of rfk;~ .J
1999
~, 't;;(.~-H
Cler to the Board
New anover County Board of
Commissioners
Form SR-2
Please Note': Forward directly to the District Engineer; Division of Bighways.
resolute.wp
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 GROVE POINT 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 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.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of the County of
New Hanover at a meeting on the 18TH day of October. 1999
WITNESS my hand and official seal this the /f.JA.. day of
~~/
1999
~~.'(~~
Cler to the Board
New Hanover County Board of
Commissioners
Form SR-2
Please Note: Forward directly to the District Engineer, Division of H~ghways.
resolute.tip
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDmON TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
ROADS IN BRENWYCK SUBDIVISION
(DIV FILE NO 966-N)
WHERE4S, the attached petition has beenjiled 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
WHERE4S. 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 ofroads 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 toke 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 18TH day of October. 1999
WITNESS my hand and official seal this the /I'~ day of (/~
1999
~~- ~)(' /~
Cle . to the Board .
New Hanover County Board of
Commissioners
Form SR-2
Please Note: Forward directly to the District Engineer, Division of Highways.
resolute. wp