HomeMy WebLinkAbout1998-07-13 RM Exhibits
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 6.5, Discrimination, of the New Hanover County Code, be and is amended
as follows:
Amend Article II, Establishment of Human Relations Commission, Section 6.5-4
Membershio:
a) The Commission shall be composed of eighteen (18) members.
b) Thirteen (13) members shall be appointed by the Board of County Commissioners,
three (3) members shall be appointed by the Wilmington City Council, one (1) member shall be
appointed by the Wrightsville Beach Town Councii, and one (1) member appointed by the
Carolina Beach Town Council, consistent with county and municipal policies governing
appointments to county and municipal governmental commissions, committees, and boards.
Amend Article III, Bvlaws of the Human Relations Commission, Section 6.5-11
Membershio:
a) Terms:
1) The Commission shall be composed of eighteen (18) members. Thirteen (13)
shall be appointed by the Board of County Commissioners, three (3) members shall be
appointed by the Wilmington City Council, one (1) member shall be appointed by the
Wrightsville Beach Town Council, and one (1) member shall be appointed by the Carolina
Beach Town Council, consistent with county and municipal policies governing appointments to
county and municipal governmental commissions, committees, and boards.
Except as specifically amended above, Section 6.5-4 and Section 6.5-11 of Chapter 6.5
of the New Hanover County Code, shall remain unaltered and in full force and effect.
This the J 3 \L4 day of oJ.... I,
,1998.
[SEAL]
NEW HANOVER COUNTY
ATTEST
'lJ;,Rt~, -c ~
William A. Caster Chairman
Board of Commissioners
~~P~ll
~ Clerk to the Board
~
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
WHEREAS, health infonnation is personal and sensitive infonnation which, if inaccurately
collected, documented, or improperly used may cause significant harm to a patient's interests in
privacy and health care; and
WHEREAS, current North Carolina laws and regulations provide, at best, an inconsistent
and incomplete treatment oflaws and policies related to the subject of health care informatlOn in any
fonnat; and
WHEREAS, there are continuing pressures to improve the quality of health care while at
the same time dealing with increasing complexity and cost that has led to an acceleration in the use !
of computers and communications to manage health information; and
WHEREAS, it is in the public interest to establish legislative policies and guidelines to ensure
that health information is secure, private, accurate and reliable, properly disclosed, and accessible only
to those with a legitimate need for the information,
NOW, THEREFORE BE IT RESOLVED that the Board of Commissioners of New
Hanover County officially requests that the State Representatives of New Hanover County support
the passage of House Bill 1495
Adopted this 13th day oOuly, 1998
1j~{J~
William A. Caster, Chairman
ATTEST
J~fJ~
Deputy Clerk to the Board
I
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NEW HANOVER COUNTY TAX COLLECTIONS
COLLECTIONS THRU 06/30/98
CURRENT TAX YEAR - 1997
-----------------------
ORIGINAL TAX LEVY PER SCROLL
DISCOVERIES ADDED
LESS ABATEMENTS
TOTAL TAXES CHARGED
ADVERTISING FEES CHARGED
LISTING PENALTIES CHARGED
TOTAL LEVY
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
PERCENTAGE COLLECTED EXCLUDING
BANKRUPTCIES AND APPEALS
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
EMS COLLECTIONS
AD VALOREM
---------------
$ 56,737,366.65
2,687,603078
165,356020-
---------------
$ 59,259,614023
7,269050
46,650.72
--------------~
$ 59,313;534.45
58,B47,212.93-
---------------
$ 466,321.52
99.21%*
99.23%**
$ 2,469,667.19
97 066.78
225~619.31-
---------------
$ 2,341,114.66
B10,470093-
---------------
$ 1,530,643.73
34.62%
JUN 1998
---"-----------
224,041.25
32,443.75
.00
CONSENT AGENDA
DATE=_________
ITEM NO.______
MOTOR VEHICLE
---------------
$ 7,270,054.1B
45,232.01
113,649.69-
---------------
$ 7,201,636.50
.00
.00
---------.;..-----
$ 7,20t,636.50
6,398,211.36-
---------------
$ B03,425.14
88.84%*
88.85%**
FISCAL YTD
--------------
2,099',442.90
49,246.88
.00
NEW HANOVER COUNTY,
BEACH AND KURE
TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR
CITY OF WILMINGTON! WRIGHTSVILLE BEACH, CAROLINA
BEACH TO DATE - $9Z,635,5B2.04.
THIS REPORT IS FOR FISCAL YEAR BE NNING JULY 1,
~ECTFULLY SUBMITTED,
PAT~tci~'~. .>\N~n
COLLECTOR O~VENUE
1997
* COMBINED COLLECTION PERCENTAGE - 98.09%
** COMBINED COLLECTION PERCENTAGE EXCLUDING BANKRUPTCIES AND A~Ll -
98.
-.-
,,_.,. .l'.' ...:-:," .,...~~r"""':<J.;'}.(o'.:.:~ .,~:l'..:.:'~iZ.~,.;,;~~U~,~~~:rd:;_1jP~.(:~'" i~
CONSENT AGENDA
DATE:________
ITEM NO.______
~EW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS
COLLECTIONS THRU 06/30/98
CURRENT TAX YEAR - 1997
-----------------------
ORIGINAL TAX LEVY PER SCROLL
DISCOVERIES ADDED
LESS ABATEMENTS
TOTAL TAXES CHARGED
LISTING PENALTIES CHARGED
TOTAL LEVY
COLLECTIONS TO OATE
OUTSTANDING 8ALANCE
PERCENTAGE COLLECTED
PERCENTAGE COLLECTED EXCLUDING
BANKRUPTCIES AND APPEALS
BACK TAXES
.
REAL ESTATE AND PERSONAL PROPERTY
CHARGES ADDED
LESS ABATEMENTS
TOTAL TAXES DUE
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
THIS REPORT IS FOR FISCAL YEAR
~ECTFULLY SUB~T~EO,
-YC\..:r<1(IW 7\ I ~r'oY
PATRICIA J. ~NOR
COLLECTOR OF REVENUE
AD VALOREM
---------------
$ 1,239,942.47
61,225.70
24,667.15-
---------------
$ 1,276,501.02
990.93
---------------
$ 1,277,491.95
1,267,047.46-
---------------
$ 10,444.49
99.18%*
99.20%**
$ 46,805.92
5,398081
9,134.39-
---------------
,$ 43,070.34
15,231.22-
---------------
$ 27,839.12
35.36%
G JULY 1, 1997.
MOTOR VEHICLE
---------------
$ 169,950.35
1,367.37
2,979.09-
---------------
$ 168,338.63
000
---------------
$ 168,338063
153,569.15-
---------------
$ 14,769.48
91.23%*
91.23%**
* COMBINED COLLECTION PERCENTAGE - 98.26%
** COMBINED COLLECTION PERCENTAGE EXCLUDING BANKRUPTCIES AND APPEALS - 9
330
.
PATENT AND COPYRIGHT PROCEDURES
A. In General.
The County has an interest in all inventions of County personnel that are
conceived or first actually produced as a part of or as a result of County
research, activities within the scope of the inventor's employment by the County
and activities involving the use of County time, facilities, staff materials, or
County information not available to the public.
B. Responsibilities of County Personnel.
1 County personnel who either alone or in association with others, make an
invention in which the County has or may have an interest shall disclose such
inventions to the County Manager in writing.
The inventor will be notified in writing of the decision of the County Manager as
to whether the County will accept the invention for patenting or licensing. If the
County chooses neither to file a patent application or otherwise make available
commercially nor to dedicate to the public an invention in which it asserts its
rights, the invention at the County Manager's discretion may be released in
writing to the inventor
As to any invention in which the County has an interest, the inventor upon
request, shall execute promptly all contracts, assignments, waivers or other legal
documents necessary to vest in the County or its assignees any or all rights to
the invention, including complete assignment of any patents or patent
applications relating to the invention.
2. County personnel may not: (a) sign patent agreements with outside
persons or organizations which may abrogate the County's rights and interests
as stated in the Patent Policy or as provided in any grant or contract funding
the invention, nor (b) without prior authorization use the name of the County
or any of its units in connection with any invention in which the County has an
interest.
C. Inventor Requests for Waiver of County Rights.
If the inventor believes that the invention was made outside the general scope of
his or her County duties, and if the inventor does not choose to assign the rights
in the invention to the County the inventor shall, in the invention disclosure
request that the County Manager determine the respective rights of the County
and the inventor in the invention, and shall also include in the disclosure
information on the following points:
1 The circumstances under which the invention was made and
developed;
2. Whether he or she requests waiver or release of any County claims
or his or her representation that the County has no claim;
3. The extent to which he or she would be willing voluntarily to assign
domestic and foreign rights in the invention to the County if it
should be determined that an assignment of the invention to the
County is not required under the Patent and Copyright Policies.
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, the State of North Carolina Solid Waste Management Rules require that
Municipal Solid Waste Landfills be designed by a Professional Engineer licensed to practice
engineering in accordance with O.S. 89C and the Administrative Rules developed thereunder;
AND WHEREAS, the design engineer shall prepare an engineering plan for a phase of
development not to exceed approximately five years of operating capacity, consistent with the
development phases and design criteria defined in the facility plan;
AND WHEREAS, the plan must incorporate the design ofleachate management and other
environmental control facilities;
AND WHEREAS, the plan shall contain a report and a set of drawings which consistently
represent the engineering design;
AND WHEREAS, the Engineering firm of Post, Buckley, Schuh, and Jerrnigan, Inc.
prepared a report and engineering plan for the design of subcells two (2) through six (6) dated
November 12,1992;
AND WHEREAS, the firm of Post, Buckley, Schuh, and Jerrnigan, Inc. has demonstrated
its' ability to meet the design criteria by previously designing cell construction systems acceptable
to the State Solid Waste Section for Cells I through 4,
AND WHEREAS, the time to design and construct cell 5 has arrived;
AND WHEREAS, the firm of Post, Buckley, Schuh, and Jerrnigan, Inc. has submitted a
Scope of Services to provide permitting, design, and pre-construction assistance for Cell 5,
AND WHEREAS, the Director of Environmental Management and the County Manager
recommend that a contract be awarded to Post, Buckley Schuh, and Jerrnigan, Inc. in an amount of
one hundred nine thousand nine hundred eighty dollars ($109,98000);
AND WHEREAS, funds have been previously appropriated and are now in Account
No 700-480-4191-3700 to cover this contract;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the Contract for Engineering Design Services for the construction design of
Cell 5 at the New Hanover County Landfill be awarded to Post, Buckley Schuh, and
Jerrnigan, Inc. for an amount not to exceed one hundred nine thousand nine hundred eighty dollars
($109,980.00); and that the County is hereby authorized and directed to execute the contract,
contract form to be approved by the County Attorney
New Hanover County exempts itself from any and all requirements ofG.S. 143 Article 3D
This the 13th day of July, 1998.
NEW HANOVER COUNTY
[SEAL]
t);1L,- Q ~
William Caster, Chairman
Board of County Commissioners
ATTEST,
-J~p~
"JJ r" 7:j Clerk to the Board
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, the State of North Carolina Solid Waste Management Rules require that
Municipal Solid Waste Landfills install a cap system that is designed to minimize rainfall
infiltration,
AND WHEREAS, the cap system shall be designed and constructed to have a permeability
less than or equal to the permeability of any base liner;
AND WHEREAS, the cap system shall conform to the requirements set forth in the North
Carolina Solid Waste Management Rules 15NCACI3B,
AND WHEREAS, the Engineering firm of Post, Buckley, Schuh, & Jerrnigan, Inc., has
demonstrated its ability to meet the design criteria by previously designing a closure system
acceptable to the North Carolina Solid Waste Section;
AND WHEREAS, the firm of Post, Buckley, Schuh, & Jerrnigan, Inc., has submitted a Scope
of Services to provide design and Construction Quality Assurance services for the closure of Cell
3B at the New Hanover County Landfill,
AND WHEREAS, the Director of Environmental Management and the County Manager
recommend that a contract be awarded to Post, Bucklcy Schuh, & Jerrnigan, Inc., in an amount of
one hundred twenty thousand six hundred twenty four dollars ($120,624 00);
AND WHEREAS, funds have bee previously appropriated and are now in Account
No. 700-480-4191-3700 to cover this contract;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the contract for Engineering Design services for the closure of Cell 3 B at the
New Hanover County Landfill be awarded to Post, Buckley, Schuh, & Jerrnigan, Inc., for an amount
not to exceed one hundred twenty thousand six hundred twenty four dollars ($ I 20,624 00); and that
the County is hereby authorized and directed to execute the contract, contract form to be approved
by the County Attorney New Hanover County exempts itselffrom any and all requirements of
G.S 143, Article 3D
This the 13th day of July 1998.
NEW HANOVER COUNTY
[SEAL]
iJ~ () ~
William Caster, Chairman
Board of County Commissioners
ATTEST
~p~
btpL'~ Clerk to the Board
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, the State of North Carolina Solid Waste Management Rules require that
Municipal Solid Waste Landfills be designed by a Professional Engineer licensed to practice
engineering in accordance with O.S. 89C and the Administrative Rules developed thereunder;
AND WHEREAS, the design engineer shall prepare an engineering plan for a phase of
development not to exceed approximately five years of operating capacity, consistent with the
development phases and design criteria defined in the facility plan;
AND WHEREAS, the plan must incorporate the design ofleachate management and other
environmental control facilities;
AND WHEREAS, the plan shall contain a report and a set of drawings which consistently
represent the engineering design;
AND WHEREAS, the Engineering firm of Post, Buckley, Schuh, and Jerrnigan, Inc.
prepared a report and engineering plan for the design of subcells two (2) through six (6) dated
November 12,1992,
AND WHEREAS, the firm of Post, Buckley, Schuh, and Jerrnigan, Inc. has demonstrated
its' ability to meet the design criteria by previously designing cell construction systems acceptable
to the State Solid Waste Section for Cells I through 4,
AND WHEREAS, the time to design and construct cell 5 has arrived;
AND WHEREAS, the firm of Post, Buckley, Schuh, and Jerrnigan, Inc. has submitted a
Scope of Services to provide permitting, design, and pre-construction assistance for Cell 5,
AND WHEREAS, the Director of Environmental Management and the County Manager
recommend that a contract be awarded to Post, Buckley Schuh, and Jerrnigan, Inc. in an amount of
one hundred nine thousand nine hundred eighty dollars ($109,980.00);
AND WHEREAS, funds have been previously appropriated and are now in Account
No. 700-480-4191-3700 to cover this contract;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the Contract for Engineering Design Services for the construction design of
Cell 5 at the New Hanover County Landfill be awarded to Post, Buckky, Schuh, and
Jermigan, Inc. for an amount not to exceed one hundred nine thousand nine hundred eighty dollars
($109,980.00); and that the County is hereby authorized and directed to execute the contract,
contract form to be approved by the County Attorney
New Hanover County exempts itself from any and all requirements of G.S. 143, Article 3D
This the 13th day ofJuly, 1998.
NEW HANOVER COUNTY
[SEAL]
tJJL.- Q ~
William Caster, Chairman
Board of County Commissioners
ATTEST,
~~p~
1) f"'1:j Clerk to the Board
PROJECT ORDINANCE
PILOTS RIDGE PARK CAPITAL PROJECT
BE IT ORDAINED, by the Board of Commissioners of New Hanover
County
1 New Hanover County(County) is engaged in the Construction
of the Pilots Ridge Park Project, which capital project involves
the construction and/or acquisition of capital assets
2 County desires to authorize and budget for said project in
a project ordinance adopted pursuant to North Carolina General
Statute $159-13 2 such ordinance to authorize all appropriations
necessary for the completion of said project
NOW, THEREFORE, WITNESSETH THAT
1 This project ordinance is adopted pursuant to North
Carolina General Statute $159-13 2
2 The project undertaken pursuant to this ordinance is the
Construction of the Pilots Ridge Park Capital proj ect, which
project is herewith authorized
3 The revenue that will finance said project is
Transfer from General Fund $300,000
Total $300,000
4 The following appropriations necessary for the project are
herewith made from the revenue listed above
Capital Project Expense
Total
$300,000
$300,000
5 This project ordinance shall be entered in the minutes of
the Board of Commissioners of New Hanover County
Within five days
hereof copies of this ordinance shall be filed with the finance
and budget offices in New Hanover County, and with the Clerk to the
Board of Commissioners of New Hanover County
Adopted this
/ 3 ~ day of J u.. L '1
, 1998
J~f~
2J~ Q ~
~ Clerk to the Board
William A Caster, Chairman
Board of County Commissioners
PROJECT ORDINANCE
OLD COURTHOUSE RENOVATION CAPITAL PROJECT
BE IT ORDAINED, by the Board of Commissioners of New Hanover
County
1 New Hanover County(County) is engaged in the Construction
of the Renovation of the Old Courthouse Project which capital
project involves the construction and/or acquisition of capital
assets
2 County desires to authorize and budget for said project in
a project ordinance adopted pursuant to North Carolina General
Statute $159-13 2 such ordinance to authorize all appropriations
necessary for the completion of said project
NOW THEREFORE WITNESSETH THAT
1 This project ordinance is adopted pursuant to North
Carolina General Statute $159-13 2
2 The project undertaken pursuant to this ordinance is the
Renovation of the Old Courthouse Capital Project, which project is
herewith authorized
3 The revenue that will finance said project is
Transfer from General Fund 5500,000
Total 5500,000
4 The following appropriations necessary for the project are
herewith made from the revenue listed above
Capital Project Expense
Total
5500,000
5500,000
5 This project ordinance shall be entered in the minutes of
the Board of commissioners of New Hanover County
Within five days
hereof, copies of this ordinance shall be filed with the finance
and budget offices in New Hanover County, and with the Clerk to the
Board of Commissioners of New Hanover County
Adopted this
/31/4
day of .J "'- l <f
, 1998
~~p~
tJ~Q ~
~ Clerk to the Board
William A Caster, Chairman
Board of County Commissioners
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description
NORTH CAROLINA AVENUE IN
WILMINGTON BEACH, NC
WHEREAS, the attached petition has been filed with the Board of County
Commissioners of the County of New Hanover requesting that the above described
raad(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 raad(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
13TH day of JULY 1998
~ESS
my hand and official seal this the
, 1998
/3'/-t.....
day of
J~P~
Teresa P Elmore, Deputy Clerk
New Hanover County Board of
Commissioners
Form SR-2
Please Note
resolute wp
Forward direct to the District Engineer, Division of Highways
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
WHEREAS, health insurance for all sectors, both public and private, is increasingly
becoming less affordable; and
WHEREAS, especially in public government, the increases in rates for groups grow steadily
out of proportion when compared to the previous years rate increases; and
WHEREAS, numerous County employees already enjoy the benefits of being covered by
the State s insurance through their Major-Medical Plan; and
WHEREAS, it would be most advantageous to Columbus County if all its employees were
covered by the State Comprehensive Major-Medical Plan; and
WHEREAS, the eligibility requirement set down in General Statute 135-40.2, Article 1
substantiates that all County employees should be eligible for the State's Comprehensive Major- ,
Medical Plan,
NOW, THEREFORE BE IT RESOLVED that the Board of Commissioners of New
Hanover County requests and petitions the North Carolina Association of County Commissioners and
the State Legislators representing Columbus County to introduce legislation which will allow
Columbus County to be covered and a part of the State s Comprehensive Major-Medical Plan.
BE IT FURTHER RESOLVED that a copy of this Resolution be mailed to each of the State
Legislators representing New Hanover County
Adopted tills 13th day ofJuly 1998
tJ..1f~ rJ ,-, a Ck:t.....
William A. Caster, Chairman
ATTEST
J~'/~
Deputy Clerk to the Board
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 3'00 p.m., on the 23rd day of June, 1998, at the County Administration Building,
320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for uniforms
for the Sheriffs Department, Bid # 98-0408
American Uniform Sales, Inc. $38,480.20
Century Uniform Co. $40,041 00
Command Uniforms $55,978.30
AND WHEREAS, the Sheriff, the Finance Director, and the County Manager recommend
that the contract be awarded to American Uniform Sales, Inc. of Fayetteville, North Carolina, the
lowest responsible bidder, in the amount of thirty-eight thousand, four hundred eighty dollars and
twenty cents ($38,480.20);
AND WHEREAS, funds have been previously appropriated and are now in Account No.
I 10-43 I -431 I -4400 to cover this contract;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the contract for uniforms for the Sheriffs Department, Bid # 98-0408 be
awarded to American Uniform Sales, Inc. in the amount of thirty-eight thousand, four hundred
eighty dollars and twenty cents ($38,480.20); and that the County is hereby authorized and directed
to execute the contract, contract form to be approved by the County Attorney
This 13th day of July, 1998.
(SEAL)
tJ;J~Q~
Chairman, Board of County Commissioners
ATTEST
~~jJ~
Clerk to the Board
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, the 1989 Solid Waste Management Act contained a sub-section entitled the
"North Carolina Scrap Tire Disposal Act" which prohibits the disposal of whole tires into landfills;
AND WHEREAS, New Hanover County provides for the collection, transportation,
processing, and disposal or recycling of scrap tires generated in the County;
AND WHEREAS, the Department of Environmental Management requested proposals from
scrap tire processing firms for the management of scrap tires;
AND WHEREAS, the following bids were received.
V.S Tire Recycling, Inc.
Optionl
Option II
Option III
Trailer Rent
$105.00 per ton
$110 00 per ton
$10500 per ton
$100 00 per month
McCotter Enterprises, Inc.
Option I
Option II
Option III
Trailer Rent
$ 80 00 per ton
$ 95 00 per ton
$ 95.00 per ton
$150.00 per month
Central Carolina Tire Disposal
Option I
Option II
Option III
Trailer Rent
$ 7400 per ton
$ 78.00 per ton
$ 7600 per ton
$125 00 per month
AND WHEREAS, the service provided under Option II, whereby generators of scrap tires
of a volume in excess of one thousand passenger tires or one hundred truck tires per month are
provided a transport trailer in which to place scrap tires at the tire retailer's place of business;
AND WHEREAS, the price for the rental of all transport trailers at the tire retailer's place of
business and transport trailers located at the landfill for the receipt of scrap tires is included in the
lump sum price;
AND WHEREAS, the provision of transport trailers at strategic locations throughout the
County to receive scrap tires promotes public health by reducing the potential for a tire fire and the
reduction of mosquito breeding areas;
AND WHEREAS, the Environmental Management Director and the County Manager
recommend that a contract be awarded to Central Carolina Tire Disposal, the lowest responsible
bidder, in the amount of$78.00 per ton as described in Option II,
AND WHEREAS, funds will be provided from the North Carolina Scrap Tire Disposal Tax,
a State Grant for expenses exceeding revenues from the Scrap Tire Disposal Tax, and funds
previously appropriated and are now or will be in subsequent year s budget in Account No. 700-480-
4191-3771
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that contract No. 98-0482 be awarded to Central Carolina Tire Disposal for the
collection, transportation, processing, and management of scrap tires generated in New Hanover
County' and that the County is hereby authorized and directed to execute the contract, contract form
to be approved by the County Attorney
This the 13th day of July, 1998.
[SEAL]
William Caster, Chairman
Board of County Commissioners
'2JJtv.- (J Q.;I;-
ATTEST
~~jJ~
JJ."f"1 Clerk to the Board
RESOLUTION
OFTHE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS after due advertIsement, bids were received and publicly opened by the Finance
Department at 3'00 p.m., on the 16th day of June, 1998, at the County Administration Building,
320 Chestnut Street, Wilmington, North Carolina, and the following bid was received for hurricane
protectIon servIces for the Emergency Management Department, BId # 98-0337'
Aggreko Inc.
Turn-key Proposal - 10% availability fee
Rental Proposal 10 % availability fee
$69,08000
$40 700 00
AND WHEREAS, the contract will ensure that pre-selected generator units will be available
to County on an as needed basIS and if generators are needed, contract establishes weekly rental rates
for each type of unit; County will pay a yearly availability fee to have the pre-selected generators
available during hurricane season;
AND WHEREAS, the bid allowed for addition or deletIon of units and the Emergency
Management Director has negotIated with Aggreko, Inc. to reduce quantities of pre-selected units
resulting in a reduction of the Rental Proposal 10% availability fee to twenty-three thousand, seven
hundred sixty dollars ($23 760 00) for the first year of the contract and twenty-eight thousand, eighty
dollars ($28,080 00) for the second and third year of the contract;
AND WHEREAS, the Emergency Management Director the Finance Director and the County
Manager recommend that the contract be awarded to Aggreko, Inc., a foreign corporation organized
under the laws of the state of Louisiana, the only responsible bIdder, rental proposal -10% aVaIlability
fee of twenty-three thousand, seven hundred SIXty dollars ($23 760 00) for the first year of the contract
and twenty-eight thousand, eighty dollars ($28,080 00) for the second and thIrd year of the contract;
AND WHEREAS, funds have been previously appropnated and are now in Account
No. 110-433-4330-3700 to cover this contract;
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the contract for a hurncane protectIOn services for the Emergency Management
Department, Bid # 98-0337 be awarded to Aggreko, Inc., rental proposal 10% availability fee of
twenty-th,'ee thousand, seven hundred sixty dollm's ($23,760.00) for one year with an option to
renew contract for two additional one year pe,'iods at twenty-eight thousand, eighty dollars
($28,080.00) per year' and that the County is hereby authorized and directed to execute
contract # 98-0337 A, contract form to be approved by the County Attorney
This 13th day ofJuly 1998.
1J~{{ ~
ChaIrman, Board of County CommIssIoners
(SEAL)
ATTEST ~
~h~~
RESOLUTION AUTHORlZING NEW HANOVER COUNTY
TO TENDER AN OFFER TO PURCHASE THE COLLECTIVE WATER SYSTEMS OF
CAPE FEAR UTILITIES, INC. AND QUALITY WATER SUPPLIES, INe.
WHEREAS, Cape Fear Utilities, Inc. and Quality Water Supplies, Inc. (hereinafter "Cape
Fear") are North Carolina corporations engaged in the provision of water service with approximately
11,000 service connections to its water systems that serve numerous subdivisions and areas within
the unincorporated area of New Hanover CountY" and
WHEREAS, the systems include two elevated water tanks and approximately 170 miles of
water lines which upon appraisal by Dawson Engineering indicates a value of $21.8 million not
including additions to the system since January 1 1996. This appraisal was in excess of$22 million
as of July 1, 1996; and
WHEREAS, the County is statutorily authorized to acquire, improve, maintain, own and
operate public water systems within the unincorporated area of New Hanover County; and
WHEREAS, the County desires to acquire these water systems as part of its expansion ofthe
County's water and sewer services to residents ofthe unincorporated areas of New Hanover County;
and
WHEREAS, the County is willing to acquire these water systems upon such terms and
conditions that shall be recommended by the County Manager and County Attorney and their staff
for approval by the County Commissioners, which acquisition shall be funded by the issuance of tax
exempt Certificates of Participation or Bonds (hereinafter referred to as "COPs"); and
NOW THEREFORE, BE IT RESOLVED BY THE NEW HANOVER COUNTY BOARD
OF COMMISSIONERS THAT
I The County Commissioners hereby approve ofthe concept ofthe County's tender of
an offer to purchase the stock of Cape Fear Utilities, Inc. and Quality Water Supplies, Inc. from G.
William Dobo and Robert R. Dobo or their successors in interest or assigns (hereinafter referred to
as the "Owners") upon such terms and conditions as determined by the County Commissioners as
provided by the North Carolina General Statutes, subject to the following general terms and
conditions:
a. The County shall be able to obtain financing of this acquisition
through the issuance of tax-exempt COPs;
b. The sellers ofthe stock of Cape Fear Utilities, Inc. and Quality Water
Supplies, Inc. shall be required to finance a portion of the purchase price by
accepting delivery of some amount ofthe COPs in partial satisfaction ofthe purchase
price and crediting the face value thereof against the purchase price to be paid at
closing;
c. Cape Fear shall donate as a charitable gift to the County any portion
of the system added after July I, 1996,
d. Cape Fear shall donate as a charitable gift to the County the Shearin
Hills Subdivision system and one additional well site;
e. The County shall be required to purchase all of the outstanding and
issued stock of Cape Fear Utilities, Inc. and Quality Water Supplies, Inc. from the
sellers of the stock.
f. The sellers of the stock of Cape Fear Utilities, Inc. and Quality Water
Supplies, Inc. shall be the Owners or their assigns who shall actually deliver the stock
to the County as purchaser at closing;
g. Upon the death of the survivors ofG. William Dobo and Robert R.
Dobo and their spouses, the sellers shall be obligated to disburse to the County a sum
not less than $1 0 million dollars, less setoffs, expenses and indemnifications required
by a contract to purchase and sale;
h. The County shall incur no adverse tax liability as a result of this
purchase and sale transaction and shall be indemnified in this regard by the sellers
of the stock of Cape Fear Utilities, Inc. and Quality Water Supplies, Inc. subjcct to
the terms and conditions of a contract to purchase to be negotiated;
i. The transfer of any of the stock of Cape Fear Utilities, Inc. and Quality
Water Supplies, Inc. or this offer to any assignee of the Owners shall be subject to
review and comments by the County Attorney;
j. If the County's proposal is accepted by Owners or their assigns and a
contract to purchase is entered into, closing on the acquisition of the stock shall occur
within sixty (60) days after approval of the sale by the Local Government
Commission and the North Carolina Utilities Commission or December 31 1998,
whichever date is sooner;
k. The closing shall be subject to the County's verification of the
quantities included in the preliminary appraisal for Cape Fear Utilities, Inc. prepared
by Dawson Engineering and dated January 19 1996 and as updated through the
month of May, 1998,
I. The final form of the contract to purchase shall be subject to final
approval by the County Commissioners and the County's Bond Counsel and the
Sellers and their Counsel, and,
-2-
m. The final contract shall include all additional and customary terms and
conditions of a commercial tender offer to purchase stock, including, but not limited
to, seller's financing, bond issuance requirements, warranties of title with respect to
the water systems, representations, opinion of seller's counsel respecting the title to
the corporations' real property and easements, title insurance, environmental
certifications and representations and other similar provisions.
2. The County Manager and County Attorney shall communicate the tender otTer in
writing to the Owners, which written offer shall be subject to acceptance by the Owners or their
assigns for a period of one hundred and eighty days from the date hereof and may be withdrawn only
upon thirty days notice of withdrawal to the Owners.
This the /3 day of J /..<. t.. '-(
1998
NEW HANOVER COUNTY
[SEAL]
tJJ1~ Q ~
William A. Caster, Chairman
Board of County Commissioners
ATTEST
.J~fJ~
Deputy Clerk to the Board
PC2283D.DOC
July I, 1998
-3-
f?m1,[g @@[PW
EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS
A meeting of the Board of Commissioners for the County of New Hanover, North
Carolina, was held in the New Hanover County Courthouse, 24 North Third Street, Room 30 I,
Wilmington, North Carolina, at 6.30 P.M. on July 13, 1998.
Present: Chairman William A. Caster. Commissioner Charles Howell. Commissioner Ted
Davis. Jf. and Commissioner Buzz Birzenieks
Absent: Vice Chairman Robert G. Greer
Also present: Allen O'Neal. Countv Manager and Wanda M. COD lev. Countv Attornev
* * *
Chairman William A. Caster
moved that it be adopted:
introduced the following resolution and
WHEREAS, the bond orders hereinafter described have taken effect, and it is desirable to
make provision for the issuance of bonds authorized thereby;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County
of New Hanover, North Carolina (the "Issuer"), as follows:
I Pursuant to and in accordance with the school bond order adopted by the Board of
Commissioners on September 2, 1997, the Issuer shall issue its bonds in the aggregate principal
amount of$14,000,000. The period of usefulness of the capital projects to be financed by the
issuance of the bonds is a period of 40 years, computed from August 1 1998.
2. Pursuant to and in accordance with the community college bond order adopted by
the Board of Commissioners on January 3, 1994, the Issuer shall issue its bonds in the aggregate
principal amount of$9,000,000 The period of usefulness of the capital projects to be financed
by the issuance of the bonds is a period of 40 years, computed from August 1 1998.
3 Pursuant to and in accordance with the community college bond order adopted by
the Board of Commissioners on September 2, 1997 the Issuer shall issue its bonds in the
aggregate principal amount of$10,000,000 The period of usefulness of the capital projects to be
financed by the issuance of the bonds is a period of 40 years, computed from August I, 1998.
4 The bonds to be issued pursuant to the bond orders described in the preceding
paragraphs I to 3, inclusive, shall be issued as one consolidated bond issue in the principal
amount of$33,000,000 and designated "General Obligation Public Improvement Bonds, Series
1998" (the "Bonds"). The Board of Commissioners has ascertained and hereby determines that
the average period of usefulness declared in the preceding paragraphs I to 3, inclusive, is not less
than 40 years computed from the date ofthe Bonds. The Bonds shall be dated August I, 1998,
and shall bear interest from their date at a rate or rates that shall be determined upon the public
sale of the Bonds, and interest shall be payable on February I 1999, and semi-annually thereafter
on August I and February I The Bonds shall mature, subject to the right of prior redemption as
hereinafter described, annually on February I, as follows:
Principal Principal
Year Amount Year Amount
2000 $1,650,000 2010 $1,650,000
2001 1,650,000 2011 1,650,000
2002 1,650,000 2012 1,650,000
2003 1,650,000 2013 1,650,000
2004 1,650,000 2014 1,650,000
2005 1,650,000 2015 1,650,000
2006 1,650,000 2016 1,650,000
2007 1,650,000 2017 2,475,000
2008 1,650,000 2018 2,475,000
2009 1,650,000
Each Bond shall bear interest from the interest payment date next preceding the date on
which it is authenticated unless it is (a) authenticated on an interest payment date, in which event
it shall bear interest from that interest payment date, or (b) authenticated prior to the first interest
payment date, in which event it shall bear interest from its date; provided, however, that if at the
time of authentication interest is in default, such Bond shall bear interest from the date to which
interest has been paid.
The principal of and the interest and any redemption premium on the Bonds shall be
payable in any coin or currency of the United States of America that is legal tender for the
payment of public and private debts on the respective dates of payment thereof. Debt service
will be payable to the owners of Bonds shown on the records of the hereinafter designated Bond
Registrar of the Issuer on the record date, which shall be the fifteenth day of the calendar month
(whether or not a business day) next preceding a debt service payment date.
5 Thc Bonds will be issued in fully registered fom1 by means of a book entry
C-52036BvOl .13704 00012
2
system with no physical distribution of bond certificates made to the public. One bond
certificate for each maturity will be issued to and registered in the name of The Depository Trust
Company, New York, New York ("DTC") or its nominee and irmnobilized in its custody The
book entry system will evidence beneficial ownership of the Bonds in the principal amounts of
$5,000 or integral multiples thereof, with transfers of beneficial ownership effected on the
records of DTC and its participants pursuant to rules and procedures established by DTC. Interest
on the Bonds will be payable at the times stated in the preceding paragraph, and principal of the
Bonds will be paid annually on February 1, as set forth in the above maturity schedule, in
clearinghouse funds to DTC or its nominee as registered owner of the Bonds. Transfer of
principal and interest payments to participants ofDTC will be the responsibility ofDTC, transfer
of principal and interest payments to beneficial owners by participants ofDTC will be the
responsibility of those participants and other nominees of beneficial owners. The Issuer will not
be responsible or liable for maintaining, supervising or reviewing the records maintained by
DTC, its participants or persons acting through participants.
In the event that (a) DTC determines not to continue to act as securities depository for the
Bonds, or (b) the Issuer determines that continuation of the book entry system of evidence and
transfer of ownership of the Bonds would adversely affect the interests of the beneficial owners
of the Bonds, the Issuer will discontinue the book entry system with DTC. If the Issuer fails to
arrange for another qualified securities depository to replace DTC, the Issuer will authenticate
and deliver replacement Bonds in the form of fully registered certificates in denominations of
$5,000 or integral multiples thereof.
6. The Bonds shall bear the manual or facsimile signatures of the Chairman of the
Board of Commissioners and the Clerk to the Board ofCormnissioners of the Issuer, and the of-
ficial seal or a facsimile of the official seal ofthe Issuer shall be impressed or imprinted, as the
case may be, on the Bonds.
The certificate of the Local Government Commission of North Carolina to be endorsed
on all Bonds shall bear the manual or facsimile signature of the Secretary of that Commission or
ofa representative designated by that Secretary, and the certificate of authentication of the Bond
Registrar to be endorsed on all Bonds shall be executed as provided below
In case any officer of the Issuer or the Local Government Commission of North Carolina
whose manual or facsimile signature appears on any Bonds shall cease to be that officer before
the delivery of those Bonds, that manual or facsimile signature shall nevertheless be valid and
sufficient for all purposes the same as ifhe had remained in office until delivery and any Bond
may bear the manual or facsimile signatures of such persons as at the actual time of the execution
of the Bond shall be the proper officers to sign the Bond although at the date of the Bond those
persons may not have been such officers.
No Bond shall be valid or become obligatory for any purpose or be entitled to any benefit
C-520368vOl! 13104.00012
3
or security under this resolution until it has been authenticated by the execution by the Bond
Registrar of the certificate of authentication endorsed thereon.
7 The Bonds and the endorsements thereon shall be in substantially the following
form:
C 520368vOl) 13704 00012
4
Unless this certificate is presented by an authorized representative of The Depository Trust
Company, a New York corporation ("DTC"), to issuer or its agent for registration of transfer,
exchange, or payment and any certificate issued is registered in the name of Cede & Co. or in
such other name as is requested by an authorized representative ofDTC (and any payment is
made to Cede & Co. or to such other entity as is requested by an authorized representative of
DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR
OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner
hereof, Cede & Co., has an interest herein.
NO R-
$
United States of America
State of North Carolina
COUNTY OF NEW HANOVER
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND, SERIES 1998
INTEREST
RATE
MATURITY
DATE
DATE OF
BOND
CUSIP
August I, 1998
REGISTERED OWNER. CEDE & CO
PRINCIPAL SUM.
The County of New Hanover (the "County"), a county of the State of North Carolina,
acknowledges itself indebted and for value received hereby promises to pay to the registered
owner named above, on the date specified above, upon surrender hereof, at the office of the
Finance Officer of the County 320 Chestnut Street, Room 602, Wilmington, NC 28401 (the
'Bond Registrar"), the principal sum shown above and to pay to the registered owner hereof, by
check mailed to the registered owner at its address as it appears on the bond registration books of
the County interest on that principal sum from the date of this bond or from the August] or
February I next preceding the date of authentication to which interest shall have been paid,
unless the date of authentication is an August] or February 1 to which interest shall have been
C-S20J68vOl.13704.00012
5
paid, in which case from that date, interest to the maturity hereof being payable on February I
1999, and semi-annually thereafter on August I and February I of each year, at the rate per
annum specified above, until payment of the principal sum. The interest so payable on any
interest payment date will be paid to the person in whose name this bond is registered at the close
of business on the record date for that interest, which shall be the fifteenth day ofthe calendar
month (whether or not a business day) next preceding that interest payment date. Both the
principal of and the interest on this bond shall be paid in any coin or currency of the United
States of America that is legal tender for the payment of public and private debts on the
respective dates of payment thereof.
This bond is issued in accordance with the Registered Public Obligations Act, Chapter
159E of the General Statutes of North Carolina, and pursuant to The Local Government Finance
Act of the State of North Carolina, as amended, bond orders adopted by the Board of
Commissioners of the County on September 2, 1997 and January 3, 1994 (the "Bond Orders")
and a resolution adopted by that Board (the "Resolution") providing for the issuance of this bond.
The issuance of this bond and the contracting of the indebtedness evidenced hereby have been
approved by a majority ofthe qualified voters of the County voting at elections held in the
County
The bonds maturing on and after February I, 2009, shall be subject to redemption prior to
their stated maturities at the option of the County on or after February 1,2008, in whole at any
time or in part on any interest payment date, at a redemption price equal to the principal amount
of each bond to be redeemed, together with accrued interest thereon to the redemption date, plus
a redemption premium of one-half of one percent (V, of 1%) of the principal amount of each
bond to be redeemed for each period of twelve months or part thereof between the redemption
date and the maturity date of each bond to be redeemed, provided that the premium shall not
exceed two percent (2%) of the principal amount. Ifless than all the bonds stated to mature on
different dates are called for redemption, the bonds to be redeemed shall be called in the inverse
order of their maturities. Ifless than all the bonds of anyone maturity are called for redemption,
the bonds to be redeemed shall be selected by lot; provided, however, that the portion of any
bond to be redeemed shall be in the principal amount of$5,000 or an integral multiple thereof
and that, in selecting bonds for redemption, the Bond Registrar shall treat each bond as
representing that number of bonds which is obtained by dividing the principal amount of such
bond by $5,000 For so long as a book-entry system is used for determining beneficial
ownership of the bonds, if less than all ofthe bonds within a maturity are to be redeemed, The
Depository Trust Company ("DTC") and its participants shall determine which of the bonds
within that maturity are to be redeemed.
Not more than forty-five (45) days nor less than thirty (30) days before the redemptiOn
date of any bonds to be redeemed, whether such redemption be in whole or in part, the County
shall cause a notice of redemption to be mailed, postage prepaid, to The Depository Trust
Company ("DTC") or its nominee. On the date fixed for redemption, that notice having been
C 52036SvOli .13704.00012
6
given, the bonds or portions thereof so called for redemption shall be due and payable at the
redemption price provided for the redemption of those bonds or portions thereof on that date and,
if moneys for payment ofthe redemption price and the accrued interest are held by the Bond
Registrar as provided in the Resolution, interest on the bonds or the portions thereof so called for
redemption shall cease to accrue. If a portion of this bond shall be called for redemption, a new
bond or bonds in principal amount equal to the unredeemed portion hereof will be issued to DTC
or its nominee upon the surrender hereof.
The bonds will be issued in fully registered form by means of a book entry system with
no physical distribution of bond certificates made to the public. One bond certificate for each
maturity will be issued to and registered in the name ofDTC or its nominee and immobilized in
its custody The book entry system will evidence beneficial ownership of the bonds in principal
amounts of$5,000 or integral multiples thereof, with transfers of beneficial ownership effected
on the records ofDTC and its participants pursuant to rules and procedures established by DTC.
Transfer of principal and interest payments to participants ofDTC will be the responsibility of
DTC, transfer of principal and interest payments to beneficial owners by participants of DTC
will be the responsibility of participants and other nominees of beneficial owners. The County
will not be responsible or liable for maintaining, supervising or reviewing the records maintained
by DTC, its participants or persons acting through participants.
The Bond Registrar shall keep at its office the books of the County for the registration of
transfer of bonds. The transfer of this bond may be registered only upon those books and as
otherwise provided in the Resolution upon the surrender hereofto the Bond Registrar together
with an assignment duly executed by the registered owner hereof or his attorney or legal
representative in form satisfactory to the Bond Registrar Upon any registration of transfer, the
Bond Registrar shall deliver in exchange for this bond a new bond or bonds, registered in the
name of the transferee, in authorized denominations, in an aggregate principal amount equal to
the unredeemed principal amount of this bond, of the same maturity and bearing interest at the
same rate.
The Bond Registrar shall not be required to exchange or register the transfer of any bond
during a period beginning at the opening of business fifteen (15) days before the day of the
mailing of a notice ofredemption of bonds or any portion thereof and ending at the close of
business on the day of such mailing or of any bond called for redemption in whole or in part
pursuant to the Resolution.
It is hereby certified and recited that all conditions, acts and things required by the
Constitution or statutes of the State of North Carolina to exist, be performed or happen precedent
to or in the issuance of this bond, exist, have been performed and have happened, and that the
amount of this bond, together with all other indebtedness of the County, is within every debt and
other limit prescribed by said Constitution or statutes. The faith and credit of the County are
hereby pledged to the punctual payment of the principal of and interest on this bond in
C 520J6evOl! .13704.00012
7
accordance with its terms.
This bond shall not be valid or become obligatory for any purpose or be entitled to any
benefit or security under the Bond Orders or the Resolution until this bond shall have been
endorsed by the authorized representative of the Local Government Commission of North
Carolina and authenticated by the execution by the Bond Registrar of the certificate of
authentication endorsed hereon.
C 520J68vOl .1)704 00012
8
IN WITNESS WHEREOF, the County has caused this bond [to be manually signed by]
[to bear the facsimile signatures of] the Chairman ofthe Board of Commissioners and the Clerk
to the Board of Commissioners and [a facsimile of] its official seal to be [imprinted] [impressed]
hereon, and this bond to be dated August I, 1998.
Chairman of the Board of Commissioners
(SEAL)
Clerk to the Board of Commissioners
C-520368vOl! .13704 00012
9
CERTIFICATE OF LOCAL GOVERNMENT COMMISSION
The issuance of the within bond has been approved under the provisions of The Local
Government Bond Act of North Carolina.
Secretary, Local Government Commission
CERTIFICATE OF AUTHENTICATION
This bond is one of the Bonds of the issue designated herein and issued under the
provisions of the within-mentioned Bond Orders and Resolution.
COUNTY OF NEW HANOVER
FINANCE OFFICER, as Bond Registrar
By'
Authorized Signature
Date of Authentication. August II, 1998
C S20369vOl .1]704 00012
10
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto
the within Bond and irrevocably
appoints attorney-in-fact, to
transfer the within Bond on the books kept for registration thereof, with full power of
substitution in the premises.
Dated:
NOTICE. The signature to this assignment must
correspond with the name as it appears upon the
face of the within Bond in every particular
without any alteration whatsoever.
Signature Guaranteed.
C 520360vOl .13704.00012
11
8. The Bonds maturing on and after February 1, 2009, shall be subject to redemption
prior to their stated maturities at the option ofthe Issuer on or after February I, 2008, in whole at
any time or in part on any interest payment date, at a redemption price equal to the principal
amount of each Bond to be redeemed, together with accrued interest thereon to the redemption
date, plus a redemption premium of one-half of one percent (Y:z of 1%) ofthe principal amount of
each Bond to be redeemed for each period of twelve months or part thereof between the
redemption date and the maturity date of each Bond to be redeemed, provided that the premium
shall not exceed two percent (2%) of the principal amount. Ifless than all the Bonds stated to
mature on different dates are called for redemption, the Bonds to be redeemed shall be called in
the inverse order of their maturities. Ifless than all the Bonds of anyone maturity are called for
redemption, the Bonds to be redeemed shall be selected by lot; provided, however, that the
portion of any Bond to be redeemed shall be in the principal amount of $5,000 or an integral
multiple thereof and that, in selecting Bonds for redemption, the Bond Registrar shall treat each
Bond as representing that number of Bonds which is obtained by dividing the principal amount
of such Bonds by $5,000. For so long as a book-entry system is used for determining beneficial
ownership of the Bonds, ifless than all of the Bonds within a maturity are to be redeemed, DTC
and its participants shall determine by lot which of the Bonds within a maturity are to be
redeemed.
Not more than forty-five (45) days nor less than thirty (30) days before the redemption
date of any Bonds to be redeemed, whether the redemption be in whole or in part, the Issuer shall
cause a notice of redemption to be mailed, postage prepaid, to DTC or its nominee. Each notice
shall identify the Bonds or portions thereof to be redeemed by reference to their numbers and
shall set forth the date designated for redemption, the redemption price to be paid and the
maturities of the Bonds to be redeemed. If any Bond is to be redeemed in part only the notice of
redemption shall also state that on or after the redemption date, upon surrender of the Bond, a
new Bond or Bonds in principal amount equal to the unredeemed portion of the Bond will be
issued.
On or before the date fixed for redemption, moneys shall be deposited with the Bond
Registrar to pay the principal of and the redemption premium, if any, on the Bonds or portions
thereof called for redemption, as well as the interest accruing thereon to the redemption date.
On the date fixed for redemption, notice having been given in the manner and under the
conditions provided above, the Bonds or portions thereof called for redemption shall be due and
payable at the redemption price provided therefor, plus accrued interest to the redemption date. If
moneys sufficient to pay the redemption price of the Bonds or portions thereof to be redeemed,
plus accrued interest thereon to the date fixed for redemption, are held by the Bond Registrar in
trust for the registered owners of Bonds or portions thereof called for redemption, such Bonds or
portions thereof shall cease to be entitled to any benefits or security under this resolution or to be
deemed outstanding, and the registered owners of such Bonds or portions thereof shall have no
rights in respect thereof except to receive payment of the redemption price thereof, plus accrued
C-52036BvOl 13704.00012
12
interest to the date of redemption.
If a portion of a Bond shall be selected for redemption, the registered owner thereof or his
attorney or legal representative shall present and surrender that Bond to the Bond Registrar for
payment of the principal amount thereof so called for redemption and the redemption premium, if
any, on that principal amount, and the Bond Registrar shall authenticate and deliver to or upon the
order of such registered owner or his legal representative, without charge therefor, for the
unredeemed portion of the principal amount of the Bond so surrendered, a Bond or Bonds of the
same maturity, of any denomination or denominations authorized by this resolution, and bearing
interest at the same rate.
9 Bonds, upon surrender thereof at the office of the Bond Registrar together with an
assignment duly executed by the registered owner or his attorney or legal representative in form
satisfactory to the Bond Registrar, may, at the option of the registered owner thereof, be
exchanged for an equal aggregate principal amount of Bonds of the same maturity, of any
denomination or denominations authorized by this resolution, and bearing interest at the same
rate.
The transfer of any Bond may be registered only on the registration books of the Issuer
upon the surrender thereof to the Bond Registrar together with an assigrunent duly executed by
the registered owner or his attorney or legal representative in form satisfactory to the Bond
Registrar Upon any registration of transfer, the Bond Registrar shall authenticate and deliver in
exchange for the Bond a new Bond or Bonds, registered in the name of the transferee, of any
denomination or denominations authorized by this resolution, in an aggregate principal amount
equal to the unredeemed principal amount of the Bond so surrendered, of the same maturity, and
bearing interest at the same rate.
In all cases in which Bonds shall be exchanged or the transfer of Bonds shall be
registered hereunder, the Bond Registrar shall authenticate and deliver at the earliest practicable
time Bonds in accordance with the provisions of this resolution. All Bonds surrendered in any
exchange or registration oftransfer shall forthwith be cancelled by the Bond Registrar The
Issuer or the Bond Registrar may make a charge for shipping and out-of-pocket costs for every
exchange or registration of transfer of Bonds sufficient to reimburse it for any tax or other
governmental charge required to be paid with respect to the exchange or registration of transfer,
but no other charge shall be made for exchanging or registering the transfer of Bonds under this
resolution. The Bond Registrar shall not be required to exchange or register the transfer of any
Bond during a period beginning at the opening of business fifteen (15) days before the day of the
mailing of a notice of redemption of Bonds or any portion thereof and ending at the close of
business on the day of that mailing or of any Bond called for redemption in whole or in part
pursuant to this Section.
As to any Bond, the person in whose name the same shall be registered shall be deemed
C 52036avOl .13704.00012
13
and regarded as the absolute owner thereof for all purposes, and payment of or on account of the
principal or redemption price of any Bond and the interest on any Bond shall be made only to or
upon the order of the registered owner thereof or his legal representative. All such payments
shall be valid and effectual to satisfy and discharge the liability upon that Bond, including the
redemption premium, if any, and interest thereon, to the extent of the sum or sums so paid.
The Issuer shall appoint such registrars, transfer agents, depositaries or other agents and
make such other arrangements as may be necessary for the registration, registration of transfer
and exchange of Bonds within a reasonable time according to commercial standards then
applicable and for the timely payment of principal, interest and any redemption premium with
respect to the Bonds. The Finance Officer ofthe Issuer is hereby appointed the registrar, transfer
agent and paying agent for the Bonds (collectively, the "Bond Registrar"), subject to the right of
the governing body of the Issuer to appoint another Bond Registrar, and as such shall keep at his
office as Finance Officer, 320 Chestnut Street, Room 602, Wilmington, NC 28401, the books of
the Issuer for the registration, registration oftransfer, exchange and payment of the Bonds as
provided in this resolution.
10. The actions of the Finance Officer of the Issuer and others in applying to the
Local Government Commission of North Carolina to advertise and sell the Bonds and the action
of the Local Government Commission of North Carolina in asking for sealed bids for the Bonds
by publishing notices and printing and distributing an Official Statement and a Supplement
thereto relating to the Bonds are hereby ratified and approved. That Official Statement is hereby
approved, and the Chairman ofthe Board of Commissioners, the County Manager and the
Finance Officer of the Issuer are each hereby authorized to approve changes in the Official
Statement, to approve the Supplement, and to execute the Official Statement and the Supplement
for and on behalf of the Issuer.
I I The Chairman of the Board of Commissioners and the Clerk to the Board of
Commissioners and the Finance Officer of the Issuer are hereby authorized and directed to cause
the Bonds to be prepared and, when they shall have been duly sold by the Local Government
Commission, to execute the Bonds and have the Bonds endorsed and authenticated as provided
herein and to deliver the Bonds to the purchaser or purchasers to whom they may be sold by the
Local Government Commission.
12. The Issuer covenants to comply with the provisions of the Internal Revenue Code
of 1986, as amended (the "Code"), to the extent required to preserve the exclusion from gross
income of interest on the Bonds for federal income tax purposes.
] 3 The Chairman of the Board of Commissioners and the Clerk to the Board of
Commissioners, the Finance Officer and other officers of the Issuer are hereby authorized and
directed to execute and deliver for and on behalf of the Issuer any and all financing statements,
certificates, documents or other papers and to perform any and all acts they may deem necessary
C 520368vOl! 13704.00012
14
or appropriate in order to carry out the intent of this resolution and the matters herein authorized.
14 The Issuer hereby undertakes, for the benefit of the beneficial owners of the
Bonds, to provide:
(a) by not later than seven months from the end of each fiscal year of the
Issuer, to each nationally recognized municipal securities information
repository ("NRMSIR") and to the state information depository for the
State of North Carolina ("SID"), ifany, audited financial statements of the
Issuer for such fiscal year, if available, prepared in accordance with
Section 159-34 of the General Statutes of North Carolina, as it may be
amended from time to time, or any successor statute, or, if such audited
financial statements of the Issuer are not available by seven months from
the end of such fiscal year, unaudited financial statements of the Issuer for
such fiscal year to be replaced subsequently by audited financial
statements of the Issuer to be delivered within 15 days after such audited
financial statements become available for distribution.
(b) by not later than seven months from the end of each fiscal year of the
Issuer, to each NRMSIR, and to the SID, if any, (i) the financial and
statistical data as of a date not earlier than the end of the preceding fiscal
year (which date shall be prepared at least annually, shall specify the date
as to which such information was prepared and shall be delivered together
with any subsequent material events notices specified in subparagraph ( c)
below) for the type of information included under heading "The County
Debt Information and - Tax Information" in the Official Statement relating
to the Bonds (excluding any information on overlapping or underlying
units) and (ii) the combined budget of the Issuer for the current fiscal year,
to the extent such items are not included in the audited financial
statements referred to in (a) above;
( c) in a timely manner, to each NRMSIR or to the Municipal Securities
Rulemaking Board C'MSRB"), and to the SID, if any, notice of any of the
following events with respect to the Bonds, if material.
(1)
principal and interest payment delinquencies;
(2)
non-payment related default;
(3)
unschedulcd draws on debt service reserves reflecting financial
difficulties;
C 520360vOl 13704.00012
15
(4) unscheduled draws on any credit enhancements reflecting financial
difficulties;
(5) substitution of any credit or liquidity providers, or their failure to
perform;
(6) adverse tax opinions or events affecting the tax-exempt status of
the Bonds;
(7) modification to the rights of the beneficial owners of the Bonds;
(8) bond calls;
(9) defeasances;
(10) release, substitution or sale of any property securing repayment of
the Bonds;
(II) rating changes; and
(d) in a timely manner, to each NRMSIR or to the MSRB, and to the SID, if
any, notice of a failure of the Issuer to provide required annual financial
information described in (a) or (b) above on or before the date specified.
If the Issuer fails to comply with the undertaking described above, any beneficial owner
of the Bonds may take action to protect and enforce the rights of all beneficial owners with
respect to such undertaking, including an action for specific performance; provided, however
that failure to comply with such undertaking shall not be an event of default and shall not result
in any acceleration of payment of the Bonds. All actions shall be instituted, had and maintained
in the manner provided in this paragraph for the benefit of all beneficial owners of the Bonds.
The Issuer reserves the right to modify from time to time the information to be provided
to the extent necessary or appropriate in the judgment of the Issuer, provided that:
(a)
any such modification may only be made in connection with a change in
circumstances that arises from a change in legal requirements, change in
law or change in the identify nature, or status of the Issuer;
(b)
the information to be provided, as modified, would have complied with the
requirements of Rule 15c2-12 issued under the Securities Exchange Act of
1934 ("Rule 15c2 12") as of the date of the Official Statement relating to
the Bonds, after taking into account any amendments or interpretations of
C.5~OJ68vOl .13704.00012
16
Rule 15c2-12, as well as any changes in circumstances; and
( c) any such modification does not materially impair the interest of the
beneficial owners, as determined either by parties unaffiliated with the
Issuer (such as bond counsel), or by the approving vote of the registered
owners of a majority in principal amount ofthe Bonds pursuant to the
terms of this bond resolution, as it may be amended from time to time, at
the time of the amendment.
Any annual financial information containing modified operating data or financial
information shall explain, in narrative form, the reasons for the modification and the impact of
the change in the type of operating data or financial information being provided.
The provisions ofthis Section shall terminate upon payment, or provision having been
made for payment in a manner consistent with Rule 15c2 12, in full of the principal of and
interest on all of the Bonds.
The motion having been duly seconded, and the resolution having been considered, it was
adopted by the following vote:
AYES Chairman William A. Caster
Commissioner Charles Howell
Commissioner Ted Davis, Jr
Commissioner Buzz Birzenieks
NAYS. None
**************
C-S2036BvOl .lJ704.00012
17
STATE OF NORTH CAROLINA )
55.:
COUNTY OF NEW HANOVER
)
I, TERESA P ELMORE, Deputy Clerk to the Board ofCommi55ioners of the County
of New Hanover, DO HEREBY CERTIFY as follows:
1 A meeting ofthe Board of Commissioners of the County of New Hanover,
located in the State of North Carolina, was duly held July 13, 1998, such meeting having been
noticed, held and conducted in accordance with all requirements oflaw (including open meetings
requirements), and minutes ofthat meeting have been duly recorded in the Minute Book kept by
me in accordance with law for the purpose of recording the minutes of the Board.
2. 1 have compared the attached extract with the minutes so recorded and the
extract is a true copy ofthose minutes and of the whole thereof insofar as those minutes relate to
matters referred to in the extract.
3 That extract correctly states the time when the meeting was convened and the
place where the meeting was held and the members of the Board who attended the meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the
seal of the County on ~ 1.3
1998.
(SEAL)
~~p~
Deputy Clerk to the Board of Commissioners
C 520J68vOl 1]704.00012
18